Netbank

Terms and conditions governing the opening and maintenance of Deposit Accounts

  

The account holder (individually the “Accountholder” and collectively, the “Accountholders”) hereby stipulates and agrees to be governed and bound by the following terms and conditions governing the opening and maintenance of the deposit account (the “Deposit Account”).

 

Further, the ACCOUNTHOLDER hereby stipulates and agrees to be bound by pertinent laws, rules and regulations of the Bangko Sentral ng Pilipinas (BSP), Bankers Association of the Philippines (BAP), as well as any subsequent amendments or supplements thereof and any new laws or rules to be promulgated which are applicable to the Deposit Account.

 

1. Deposits.

Deposits shall be credited to the Deposit Account after verification by the Bank. The amount verified shall be deemed to be the correct amount deposited by the Accountholder. Any discrepancies noted shall be communicated to the Accountholder.

 

2. Loss or theft of Deposit Item.

The Bank shall not be responsible for any payment it may make on any deposit item prior to its notice of loss/ theft of deposit item and such payment shall have the same effects as if made to the Accountholder personally except in case of patently discernable acts of forgery or irregularity.

 

3. Deposit Account Balance.

Except for manifest error, the Accountholder agrees that the outstanding balance of the Deposit Account appearing in the records of the bank is accurate and conclusive and shall be binding upon him. The Accountholder specifically waives his rights under the provisions of Article 1250 of the New Civil Code insofar as it concerns the Deposit Account.

 

4. Joint and Several Account (“OR Accounts”)

The Accountholders agree with one another and with the bank that all moneys heretofore, now or hereafter deposited by them or any of them to the credit of this Deposit Account are and shall be received and held by the Bank with the understanding and upon the condition that said moneys deposited without reference to previous ownership shall be the property of the Accountholders as solidary owner.

 

5. Bank’s right to close the Deposit Account.

The Bank reserves the right to close the Deposit Account at anytime without prior notice to the Accountholder if the same is improperly handled or for misrepresentation by the Accountholder or for any other reasonable or justifiable cause as determined by the Bank. The Bank is authorized to report such closure and reasons therefor to the BAP, BSP or to any monitoring body established by BAP or BSP. The Accountholder shall hold the Bank free and harmless from all liabilities, claims and demands arising from the above actions by the Bank.

 

6.. Set-off.

The bank is hereby authorized to and may, at any time in its discretion, with or without notice to the Accountholder, charge the Deposit Account and/or apply such amount thereof as shall be sufficient to pay any and all obligations of the Accountholder to the Bank, including loans, interest, penalties, charges and other receivables from the Accountholder whether covered by promissory notes or other credit agreements or arising from erroneous credits, and the Bank shall not thereafter be liable for withholding or applying to the payment of said obligations any or all amount of the Deposit Account or for the dishonor of checks, notes, drafts or other instruments for insufficiency of funds or other consequences of the foregoing.

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In case of OR Account or AND Account, the Accountholders hereby authorize the Bank to set-off all amounts in the Deposit Account and/or apply such amount thereof as shall be sufficient to pay any and all obligations of any of the Accountholders to the Bank, including loans, interest, penalties, charges and other receivables from any or all the Accountholders whether or not covered by promissory notes or other credit agreements and the Accountholders hereby hold the Bank free and harmless from any and all liabilities arising from the withholding or application to the payment of said obligations any or all amount of the Deposit Account or for the dishonor of checks, notes, drafts or other instruments for insufficiency of funds or other consequences of the foregoing.

 

7. Deposit Insurance.

Deposits are insured by the Philippine Deposit Insurance Corporation (PDIC) up to a maximum amount of P500,000.00 per Accountholder or such other amount as may be set by law. PDIC shall presume that the name/s appearing on the deposit instrument is/are the actual/ beneficial owner/s of the deposit, except as provided herein. In case of transfer or break-up of deposits, PDIC shall recognize actual/beneficial ownership of transferees who are qualified relatives of the transferor. Qualified relatives are transferees within the third degree of consanguinity or affinity of the transferor. The relationship of the transferor and the transferee shall be proven by relevant documents such as, but not limited to, birth certificates and marriage certificates.

 

In case of (a) deposits in the name of, or transfers or break-up of deposits in favor of, entities, either singly or jointly with individuals, and (b) transfers or break-up of deposits in favor of non-qualified relatives, whenever such transfers/break-up will result in increased deposit insurance coverage, PDIC shall recognize beneficial ownership of the entity or transferee provided that the deposit account records show the (1) details or information establishing the right and capacity and the relationship of the entity with the individual/s; or (2) details or information establishing the validity or effectivity of the deposit transfer; or (3) copy of a board resolution, order of competent government body/agency, contract or similar document as required/provided by applicable laws. In the absence of any of the foregoing, PDIC shall deem the outstanding deposit maintained for the benefit of the transferor although in the name of the transferee, subject to consolidation with the other deposits of the transferor. PDIC may require additional documents from the Accountholder to ascertain the details of the deposit transfer or the right and capacity of the transferee or his relationship to the transferor.

 

8. Interest.

Deposits with a minimum balance as prescribed by the Bank shall earn interest based on the prevailing rates, at such time or times as may be determined by the Bank under its existing policies or practices. However, the amount of said minimum balance that will earn interest, the interest rates and the period at which said interest shall be paid or become due are subject to change in accordance with the regulations issued or promulgated by the Bank from time to time.

 

Interest will be computed based on the average daily balance (ADB) of the Deposit Account and shall be credited to form part of the principal on the last day of the interest period (the “Interest Payment Date”). The day of opening or the day of booking of the account is excluded to earn interest. No interest shall be paid on savings and/or demand deposit accounts closed prior to the prescribed Interest Payment Date even if these Deposit Accounts meet the required minimum balance to earn interest at the time of closure. All interest earned shall be subject to the prevailing withholding tax rate except those with a certification of exemption from the Bureau of Internal Revenue (“BIR”).

 

For the Netbank Mobile Savings deposit product, the Interest Payment Date is every month-end.

For the other Netbank Savings deposit product,  the Interest Payment Date is every quarter-end.

For Netbank Time Deposit products,  the Interest Payment Date is on the TD maturity date.   

 

Illustration of Interest Computation:

 

Scenario:

Account Opening and Approval July 29, 2022

Deposited 26,045.36 Php on July 29, 2022

 

Computation of ADB: 

Date          Daily Balance of Account

July 30    26,045.36 Php

July 31     26,045.36 Php

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SUM         52,090.72

ADB         52,090.72/2 = 26,045.36

 

Computation of Gross Interest:  

ADB x  Days x Interest Rate / 365 

 26,045.36 x 2 x 0.07 / 365 = 9.99 Php

 

Computation of Net Interest:

Gross Interest Less 20% withholding tax = Net Interest 

9.99 Php less 2.0 Php  =  7.99 Php 

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9. Fees and Charges.

A fee shall be charged on the following:

1. Active Deposit Accounts falling below the required minimum monthly Average Deposit Balance (ADB) for two (2) consecutive months;

2. Dormant Deposit Accounts (defined as accounts with no deposit or withdrawal for a continuous period of two (2) years for savings accounts and one (1) year for current accounts) falling below the required minimum monthly ADB;

3. Deposit Accounts closed within a month after opening;

4. Request for the issuance of certification of account balances;

5. Replacement of lost passbook;

6. Stop payment requests for check/s;

7. Other services related to the maintenance of the Deposit Account depending on whatever policy the Bank may adopt in the future.

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The service fees/penalty charges shall be in accordance with existing regulations of the Bank. The fees/charges under items (a), (b) or (c) shall be automatically debited by the Bank from the affected Deposit Account (regardless of whether the Deposit Account is owned singly, or a corporate account or is an Or Account or And Account of the Accountholder). In case the affected Deposit Account is insufficient to answer for the fees/charges, the Bank shall deduct the said amounts from the other Deposit Accounts of the Accountholder with the Bank. The Accountholder hereby authorizes the Bank to debit the said fees/charges from the affected Deposit Account or the other Deposit Accounts of the Accountholder with the Bank. The fees/charges under items (d), (e), (f) or (g) may either be paid directly by the Accountholder to the Bank or deducted from the Deposit Account. In case of automatic debit of the said fees/charges, the provisions of the foregoing paragraph shall apply.

 

10. Average Daily Balance.

The Accountholder shall maintain, at all times, the required minimum monthly Average Daily Balance (ADB) relative to the Deposit Account.

The Bank shall notify the Accountholder, through the system, of the dormancy of the Deposit Account at least sixty (60) days prior to the date of dormancy and the possible imposition of dormancy fee in case the Deposit Account is not updated.

 

The Bank shall likewise notify the Accountholder of any changes in the required minimum monthly ADB and the imposition of service and maintenance fees in case of non-updating, at least sixty (60) days prior to the imposition of said fees or charges. Said notice shall be delivered to the Accountholder as appearing in the records of the Bank via the digital application system, statement of account messages or other alternative modes of communication. Failure of the Accountholder to inform the Bank of his/her/their objections to the imposition of service and maintenance fees within thirty (30) days from receipt of said notice shall be deemed an acceptance of the imposition of such fees and charges.

 

The cost of said notification shall be for the account of the Accountholder and shall be debited by the Bank from the Deposit Account.

 

11. Unclaimed Balances.

Pursuant to Act 3936 as amended by PD 679 of April 2, 1975, all unclaimed balances held by the BANK in favor of any person known to be dead or who has not made further deposits/withdrawals for a period of ten (10) years or more shall be transferred to the credit of the Republic of the Philippines.

 

12. Authority to withhold, sell and/or set-off.

 The Bank is hereby authorized to set-off or withhold as security for any and all obligations with the Bank, all monies, properties or securities of the Accountholder now in or which may hereafter come into the possession or under the control of the Bank, whether left with the Bank for safekeeping or otherwise, or come into the hands of the bank in any way, for so much thereof as will be sufficient to pay any or all obligations incurred by the Accountholder under the Deposit Account or by reason of any other transactions between the same parties now existing or hereafter contracted, to sell in any public or private sale any of such properties or securities of the ACCOUNTHOLDER, and to apply the proceeds to the payment of any of his obligations heretofore mentioned.

 

13. Anti-Money Laundering.

The Deposit Account is further subject to the provisions of Republic Act No. 9160, otherwise known as the “Anti-Money Laundering Act of 2001”, including any and all amendments, rules or regulations pertaining thereto. The Accountholder hereby agrees to keep the Bank, its directors, officers and employees, free and harmless from any and all liabilities for any action it has taken or for refraining from taking any action in compliance therewith.

 

Deposit Account or the Beneficiary of the Deposit Account (hereinafter collectively referred to as “Accountees”) warrant that their accounts of whatever nature such as but not limited to remittances, deposits, investments or trust accounts (hereinafter the “Account” irrespective of number) shall not be utilized for money laundering activities nor for funding terrorism and that the funds thereof, including all increments and additions thereto, shall not emanate from illegal/or criminal activities or sources.

 

Any rule or law to the contrary notwithstanding, the Accountees agree that regulatory authorities of the Philippines as well as all countries where the funds or money originate or be remitted may conduct reasonable examination of the Deposit Account or otherwise require submission of pertinent data and papers for the purpose of removing any doubt and suspicion that the Deposit Account is involved in money laundering activities or terrorist financial activities or other illegal activities.

 

Accountees allow, consent, permit and authorize the Bank and its branches, agencies and instrumentalities to participate in any such examination, investigation or inquiry and to submit pertinent data and paper relevant to the objectives of such examination or inquiry.

 

For this purpose, the Bank, agencies and instrumentalities are authorized to disclose such data and papers as required by regulatory agencies, whether in the Philippines or abroad, in connection with Anti-Money Laundering regulations without incurring any criminal, civil or administrative liability.

 

14. Disclosure of Information.

The Accountholder acknowledges that the Philippine Government, United States Government, and governments of other foreign jurisdictions where transactions pertaining or incident to the Deposit Account may transpire, may require the Bank, its branches and agencies, and all of the BANK’s subsidiaries, affiliates or correspondent banks to disclose or produce information concerning the Deposit Account. For purposes of compliance with such governmental requirements, the Accountholder hereby waives his/her/its rights under Republic Act 1405 (Law on Secrecy of Bank Deposits), Republic Act 6426 (Foreign Currency Deposit Act of the Philippines), RA 8791 (otherwise known as the General Banking Law of 2000), or any other pertinent law or regulation, as the same may be amended from time to time, and hereby authorizes the Bank, its branches and agencies, and all of the BANK’s subsidiaries, affiliates or correspondent banks, without prior notice or reference to the Accountholder, to make any and all disclosure of information regarding the Deposit Account as may be required by the Philippine Government, the United States Government or such other foreign governments. The Accountholder hereby holds the Bank, its directors, officers, employees and other duly authorized representatives free and harmless against any and all liability arising from any loss or damage which the Accountholder may incur or suffer as a result of such disclosure. The Accountholder also consents to the implementation of InstaPay-related services, including the sharing of relevant data, to prevent/detect fraud and unlawful access to  InstaPay accounts and transactions. The Accountholder also consents to the implementation of InstaPay-related services, including the sharing of relevant data, to prevent/detect fraud and unlawful access to  InstaPay accounts and transactions.

 

15. Non-residents with Peso Accounts.

Non-residents may open a Peso Deposit Account subject to approval by the Bank and to applicable laws and regulations of the Republic of the  Philippines, including those requiring all Peso Deposit Accounts by non-residents to be funded only by inward remittances of foreign exchange or the proceeds of conversion of properties located in the Philippines. The Accountholder shall be responsible for and assume any and all taxes with respect to the Peso Deposit Account that may be required under applicable laws and regulations. Any outward remittance of funds from the Peso Deposit Account shall comply with applicable Philippines laws, rules and regulations.

 

A non-resident Accountholder shall: (ii) provide his/her taxpayer identification number in the country where he is a citizen or a legitimate resident; and (iii) comply with documentation requirements for opening a deposit account per the regulations of his/her country. The Accountholder further declares under penalties of perjury that: (i) the taxpayer identification number provided by the Accountholder is true and correct; and (ii) the Accountholder waives any bank secrecy, privacy or data protection rights related to the Deposit Account.

 

16. Notice.

All communications and notices required to be given to the Accountholder shall be delivered or transmitted via electronic mail or via digital application system to the Accountholder at his/her/its email submitted in his registration or such other address that

may hereafter be given in writing by the Accountholder to the Bank. Except as otherwise specified herein, all notices shall be deemed received by the Accountholder: (a) if delivered personally, upon delivery; (b) if sent by postage prepaid registered mail, the date five (5) days after posting; (c) if sent by facsimile transmission, upon receipt of the facsimile transmission report; or (d) if sent by electronic mail, upon successful transmission of the message based on the e-mail record of the Bank.

 

17. Binding Effect.

These terms and conditions are binding on each and all of the Accountholders and their respective heirs, executors, administrators and assigns.

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18. Governing Law.

These terms and conditions shall become effective upon the opening of the Deposit Account and shall be deemed to have been made under and shall be governed by the laws of the Republic of the Philippines, in all respects, including without limitation, matters of title, construction, validity, performance and discharge and shall not be waived, altered, modified, or amended as to any of its terms or provisions except in writing duly signed for and on the Bank’s behalf. In the event that any provision of these terms and conditions, the Supplements or the passbooks shall be declared invalid, illegal or unenforceable by competent court, the other provisions of these terms and conditions, the Supplements or the passbooks not affected thereby shall remain valid and enforceable.

 

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FATCA COMPLIANCE

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The client certifies and attests that all the information provided herein and the Supporting Documents submitted are TRUE, CORRECT, ACCURATE, COMPLETE and UPDATED.

In the event that the Bank discovers that the client hereby waives his rights of confidentiality under applicable law and the Bank and its authorized representative(s) are hereby absolute and unconditionally authorized to report and disclose to the U.S. IRS or Philippine Regulatory Agencies (e.g. Bureau of Internal Revenue, Bangko Sentral ng Pilipinas, and the like) and/or any third party authorized to receive FATCA information, any and all information regarding the client’s account that shall be required.

In the event of any change in the client’s circumstance which may affect his/her status, the client undertakes and warrant(s) that he/she will inform the Bank in writing of such change within thirty (30) calendar days from occurrence of such change.

The client shall indemnify and hereby holds the Bank, its directors, stockholders, officers, employees, representatives, agents or other relevant units of the Bank, free and harmless from and against any and all liabilities, actions, damages, proceedings, losses and/or any claims of whatever nature which may be suffered or incurred by the Bank as a result of or in any way arising from or connected with any false, inaccurate, incomplete or invalid information/documents provided to the Bank.

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Terms and conditions governing Regular Time Deposit Accounts

 

The accountholder (individually the “Accountholder” and collectively, the “Accountholders”) hereby stipulates and agrees to be governed and bound by the following terms and conditions governing the Time Deposit Account (the “Deposit Account”).

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Applicable charges:

1. Documentary Stamps Tax (DST) – shouldered by the Bank, except in pretermination cases

2. Applicable Pretermination charges:

   1. Interest rate applicable will be the prevailing rate of Savings Deposit instead of the given rate for the Time Deposit.  This will be computed from the time of placement up to date of Pre-termination

   2. The DST will be shouldered by the Client for the pre-terminated Time Deposit

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Terms and conditions governing Netizen and Netbank Time Deposit Accounts

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The accountholder hereby stipulates and agrees to be governed and bound by the following terms and conditions governing the Time Deposit Account (the “Deposit Account”).

1. An electronic Time Deposit Certificate, accessible via the Netizen and Netbank Mobile application, which contains the amount placed, term, maturity date and interest rate (per annum), will be made available only by electronic means.  This serves as the main documentation of the time deposit placement made with the Bank and the accountholder will no longer receive a physical time deposit.

2. Electronic fund transfer is not possible for funds held under the Netizen and Netbank Mobile Time Deposit account.

3. The Netizen and Netbank Mobile Time Deposit cannot be a joint account.

4. The accountholder may choose to have a Time Deposit placement for one term, or have it roll over for one or more terms, each for the same period as the original term. If the accountholder choose to not roll over the time deposit, the principal amount of the Time Deposit and its earned interest will be automatically converted to a Netizen or Netbank Mobile Savings Account at maturity date, which will be subject to regular Netizen or Netbank Mobile Savings interest rate. The accountholder will receive an electronic Time Deposit Maturity Certificate that will be made available electronically.

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If the accountholder choose to roll over your time deposit, the Bank will automatically roll over the principal Time Deposit amount for another similar term at the Bank’s prevailing interest rate as of the first day of the relevant roll over term. The earned interest, regardless of amount of the principal Time Deposit or earned interest, will be included in the roll-over amount at maturity date. A Time Deposit Rollover Certificate which contains, among others, the principal Time Deposit amount, term, maturity date and updated interest rate will be made available to the accountholder electronically.

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The prevailing interest rate for the Time Deposit may change from time to time as may be determined by Netbank and in accordance with applicable laws, rules, and regulations. The prevailing interest rate at the time of roll over of the Time Deposit may be different from the primary interest rate at the time of original placement. Should you choose to roll over your time deposit, you agree that the updated interest rate may be higher or lower than the primary interest rate. You are responsible for ensuring that you are aware of the prevailing interest rate at the time of roll over.

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5. The Netizen and Netbank Mobile Time Deposit are non-transferrable and non-negotiable.

6. Pretermination of Time Deposit is allowed but will be treated as if rescission/cancellation of the agreement.  No interest will be paid out upon pretermination.  Pretermination will be also subject to applicable pre-termination charges under Section 7 below.

7. Other applicable charges:

1. Documentary Stamps Tax (DST) – shouldered by the Bank, except in pretermination cases

2. Applicable Pretermination charges:

b.1) There will be no Interest applicable for Netizen and Netbank Mobile Time Deposit pre-termination.

b.2) The DST will be shouldered by the Client for the pre-terminated Time Deposit

8. A client which is an existing client of the Netbank-Savii Time Deposit account is not eligible to open a separate Netbank Mobile account or Netizen account effective February 1, 2023, prospectively. This does not apply to Netbank Mobile account or Netizen account accounts opened prior to February 1, 2023.

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Electronic Banking Services Usage Terms and Conditions 

 

This Terms & Conditions (“Agreement”) is a contract between you and the “Bank and applies to your use  of the Bank’s services. You must read, agree with and accept all of the terms and conditions contained in  this Agreement. 

This is an important document which you must consider carefully when choosing whether to use the  Banks’s electronic banking services. 

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DEFINITION OF TERMS

 

• Community Rural Bank of Romblon (Romblon), Inc. - A bank duly registered with the Bangko Sentral ng  Pilipinas (BSP) as a Rural Bank. It offers its banking services via its digital mobile application system. 

• Customer - An individual, the identifying information of whom and/or by whom was provided to the  Bank through its system. 

• Digital mobile application system - A mobile application that serves as the interface between the  Customer and his Bank Account 

 

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GENERAL PROVISIONS 

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By signing up to use the bank’s account through its system, API, and/or any associated websites or mobile  applications (collectively the “Bank’s site”), you agree to comply with and be legally bound by this  Agreement, as revised from time to time. If you do not agree to any of the terms set forth in this  Agreement, or any subsequent modification to the Agreement, you may not access or use any of the  Bank’s services. 

We may amend or modify this Agreement by posting on the Bank’s site or emailing to you the revised  Agreement, and the revised Agreement shall be effective at such time. The Bank may (a) modify or  discontinue any portion of the Bank’s services, and (b) suspend or terminate your access to the Bank’s  Services, at any time, without notice to you in certain, limited circumstances described herein. You agree  that the Bank shall not be liable to you or any third party for any modification or termination of the Bank’s  services, or suspension or termination of your access to the Bank’s Services, except to the extent  otherwise expressly set forth herein. 

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Please note the following risks of using the Bank’s services: 

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• A digital transaction may be unconfirmed for a period of time (usually less than one hour, but up to one  day). In cases the transaction raises suspicion as to legality or is in any way possible in violation of this  user agreement, you hereby acknowledge the possible delay in the execution of the transaction which is  a result of the investigation being made on the concerned transaction. 

• Fund/Wire transfers using a bank account or may be reversed at a later time, for example, if such  payment is subject to a chargeback, reversal, claim or is otherwise invalidated. 

 

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LIMITATION OF LIABILITY 

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In no event shall the bank, our parent, the officers, directors, agents, joint venturers, employees and  suppliers of the bank or our parent be liable for lost profits or any special, incidental or consequential  damages arising out of or in connection with our system, the bank services, or this agreement. Our  liability, and the liability of our parent, officers, directors, agents, joint venturers, employees and  suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.

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NO WARRANTY 

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The bank’s services are provided “as is” and without any representation of warranty, whether express,  implied or statutory. The bank, our parent, the officers, directors, agents, joint venturers, employees and  suppliers of the bank. Or our parent specifically disclaim any implied warranties of title, merchantability,  fitness for a particular purpose and non-infringement.  

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The Bank does not guarantee continuous or uninterrupted to any part of Bank’s services, and operation  of our site may be interfered with by numerous factors outside of our control. The Bank will make  reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit  cards, and others are processed in a timely manner but the Bank makes no representations or warranties  regarding the amount of time needed to complete processing because Bank’s services are dependent  upon many factors outside of our control, such as delays in the banking system or international mail  service, etc. 

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FORCE MAJEURE 

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The Bank shall not be liable for delays, failure in performance or interruption of service  which result directly or indirectly from any cause or condition beyond our reasonable control, including  but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of  terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or  Internet services or network provider services, failure of equipment and/or software, other catastrophe  or any other occurrence which is beyond our reasonable control and shall not affect the validity and  enforceability of any remaining provisions. 

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LOSSES AND LIABILITIES FROM SECURITY BREACHES, SYSTEM FAILURE, OR COMPANY ERROR

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The Bank agrees that it will  monitor and test its Data Security and System Capacities from time to time, and further agrees to adjust  its Data Security and System Capacities from time to time in light of relevant circumstances or the results  of any relevant testing or monitoring.  

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In the event of any actual or suspected security breach or unauthorized access to any Customer Data or  Personal Data by any unauthorized person or third party (including but not limited to, for example,  physical trespass on a secure facility, computing systems intrusion/hacking, etc.), or system failures or  company error suffered by the Bank due to its negligence, the Bank will promptly notify the concerned  customers in writing and the regulators as required by the existing laws and regulations, and shall fully  cooperate with customers and regulators at Bank’s expense to prevent or stop or correct such Data  Breach, system failures or company error. The Bank will defend, indemnify and hold the Customer, its  Affiliates, and their respective officers, directors, employees and agents as may be applicable, harmless  from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including  reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Bank of  its obligations contained in this Section, except to the extent resulting from the acts or omissions of  Customer (e.g. customer issue, phishing, sharing of password, email takeover, etc.), or Force Majeure  (fortuitous events outside the Bank’s control), or the actions or inactions of a third party in connection  with the permissions the customer has granted. 

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ARBITRATION

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Except for claims for injunctive or equitable relief or claims regarding intellectual property  rights (which may be brought in any competent court without the posting of a bond), any dispute arising  under this Agreement shall be finally settled by arbitration in accordance with the laws of the Republic of  the Philippines. The prevailing party in any action or proceeding to enforce this Agreement shall be  entitled to costs and attorneys’ fees. 

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TIME LIMITATION ON CLAIMS

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You agree that any claim you may have arising out of or related to your  relationship with Bank must be filed within one year after such claim arose; otherwise, your claim is  permanently barred. 

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EXPORT CONTROLS & SANCTION

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The Bank’s services through the Bank’s system is subject to Philippines and  international export controls and economic sanctions requirements. By acquiring any such items through  the Bank’s site, you represent and warrant that your acquisition comports with and your use of the item  will comport with those requirements. Without limiting the foregoing, you may utilize the Bank’s services through the Bank’s site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North  Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s  financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals  List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s  financial sanctions regime; or (2) you intend to supply the acquired digital currency or the Bank’s Services  to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN  sanctions (or a national or resident of one of these countries), or to a person on the Specially Designated  Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime. 

 

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RELATIONSHIP BETWEEN THE BANK AND THE CLIENT 

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• The Bank helps you in your banking and financial services requirements. The Bank is an independent  service provider for all purposes. 

• Your Privacy. In the course of providing the services contemplated under these Terms and Conditions,  the Bank will be collecting information (including personal information) relating. The Bank’s Data Privacy  Statement explains how it collects, protects, uses, shares and stores the personal information of its clients  and is deemed incorporated herein by reference.  

• In addition, as described in the Anti-Money Laundering Act of 2001 pursuant to the obligation of covered  institutions to report covered and suspicious transactions, the Bank will provide the AMLC or any other  lawfully-mandated body with the pertinent information relating to your account. 

• The Bank will also not use or sell your personal information for marketing purposes of unrelated third  parties unless you specifically instruct the Bank to do so. 

• Privacy of Others; Marketing. If you receive information about another user of the Bank’s. services, you  must keep the information confidential and only use it in connection with Bank’s services. You may not  disclose or distribute a user’s information to a third party or use the information for marketing purposes  unless you receive the user’s express consent to do so. 

• Intellectual Property. “Netbank” and all logos related to the Bank’s services are either trademarks, or  registered marks of Bank or its licensors. 

• ​Password Security and Keeping Your Email and Address Current. You are responsible for maintaining  adequate security and control of any and all. Username, passwords, personal identification numbers  (PINs), or any other codes that you use to access the Bank’s services. You are responsible for keeping your  email address up to date in your Account Profile. 

• Treat passwords like PINs. Similarly, safeguard it in the following manner: 

  • Do not let anyone know your password. Be wary of strangers standing close to you when you  enter your password at your device. 

  • Memorize your password. Do not write it anywhere, but if you need to write it, do not write  it where it can be seen or found by others. 

  • If the service is available, change your password periodically. It is even more imperative to  do this if you suspect that your PIN has been compromised or exposed to unauthorized  person/s. 

• Notices to You. You agree that the Bank, via the Bank’s App and/or system may provide you  communications about your account or about the Bank’s services electronically. 

• Notices the Bank. The Bank prefer receiving notices electronically through our support system. Paper  notifications can also be sent to the Bank’s principal office address. See our contact page for our mailing  address. 

• All product and company names are trademarks™ or registered® trademarks of their respective holders.  Use of them does not imply any affiliation with or endorsement by them.

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UNAUTHORIZED USES 

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​Users are prohibited from using the Bank’s Services, services provided to or in relation to other users, and  related third party services, for or in relation to certain activities (“Unauthorized Uses”) which contravene  the Agreement. This prohibition is designed to protect the Bank’s customers from wrongdoing and ensure  compliance with local laws and international norms. 

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These categories are not exhaustive and are designed primarily for illustrative purposes. Any use of the  services for the purpose of facilitating, participating in, or acting in relation any Unauthorized Uses can  lead to service disruptions, changes in services, account deactivation or reporting to law enforcement. If  you believe you are using the Bank’s services for one of the purposes below, or are seeking to use the  Bank’s services for that reason, or are unsure whether your use or intended use may be a Prohibited Use,  you may contact the Bank’s support for clarity. 

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Prohibited Uses include transaction or activities related to: 

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• Investment Schemes: Support of pyramid schemes, paluwagans, ponzi schemes, network  marketing, unlicensed investment vehicles, deceptive charity schemes, referral marketing  programs or multi-level marketing programs; 

• Fraud: Provision of any false, deceptive, inaccurate or misleading information to Bank, users,  or other third parties for pecuniary gain or other ends; 

• Gambling: Online gambling, lotteries, casinos and informal gambling, gaming operations,  sports betting, and other games of chance and forms of speculation; 

• Unauthorized Financial Institutions and MSBs: Unlicensed money transmission, unlicensed  financial services, and other unregulated financial operations. This also includes securities  brokers, unlicensed investment vehicles, check cashing services, collections agencies, and  bail bonds; 

• Drugs: Illegal narcotics, drug paraphernalia, commercial drugs and other controlled  substances, and other mind or body altering substances presenting a public health risk; o Stolen Items: Stolen goods including digital and virtual goods, all goods for which seller does  not have clear title; 

•  Intellectual Property Infringement: Items that infringe or violate any intellectual property  rights, including trademark, copyright, privacy or any other proprietary rights. This includes  the selling or facilitating of sales of counterfeit or unauthorized goods or activities related  thereto; 

• Shell Companies: Entities that appear to have no genuine business purpose or are otherwise  designed to operate for a purpose other than that which they purport to operate under are  prohibited; 

• Bearer Shares Entities: Customers transacting with, on behalf of, or in relation to entities for  which the identity of beneficial owners are not known and in which ownership stakes are  freely alienable are prohibited; 

• Adult Services and Media: Services involving prostitution, sale of illegal pornographic  materials, and forms of human trafficking; 

• High Risk Entities: Any individual, group, or entity deemed to pose an inordinately high risk  to the Bank, its customers, or other third parties may be considered unacceptably high risk  and an unauthorized user; 

• Violence: Violent acts towards self or others, or activities or items that encourage, promote,  facilitate or instruct others regarding the same; 

• Coercion: Extortion, blackmail, or efforts to induce unearned payment; 

• Weapon Sales: Unlicensed sale of firearms and certain weapons.

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DISPUTES RESOLUTION 

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• Indemnification. You agree to indemnify and hold the Bank, its parent, the officers, directors, agents,  joint ventures, and employees harmless from any claim or demand (including attorneys’ fees) arising out  of your breach of this Agreement or your use of the Bank’s services. 

• Release of the Bank. If you have a dispute with one or more users, you release the Bank (and our parent,  officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and  damages (actual and consequential) of every kind and nature arising out of or in any way connected with  such disputes. In addition, this release extends to claims which the creditor does not know or suspect to  exist in his favor at the time of executing the release, which if not known by him must have materially  affected his settlement with the debtor. 

• Disputes with the Bank. If you think the Bank has made an error, email us at our official address which  can be found in our system/ website. In your correspondence, you must give us information sufficient to  identify you, your account, and the transaction on which you believe an error occurred. You must contact  us within 30 days after the transaction occurred. Within 45 days of receiving your request, we must either  correct the error or explain to you why we believe the transaction was correct. 

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OTHER PROVISION 

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Language. The Terms and Conditions is enforced in English, which have equal legal force. In the event of  any conflict between the provisions of the Terms and Conditions prepared in different languages, the  respective provision in English shall prevail. 

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Mobile App Terms and Conditions

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This Mobile App Terms and Conditions set forth the specific terms and conditions which shall govern your use of the mobile banking services of Bank.  

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By downloading or using the app, these terms will automatically apply to you – you should make sure  therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the  app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the  source code of the app, and you also shouldn’t try to translate the app into other languages, or make  derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual  property rights related to it, still belong to the Bank. 

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For purposes of dating your transactions, the bank cut-off time has been implemented. All transactions  done before the designated bank cut-off will be posted to the concerned account on the same day.  Transactions after cut-off on a banking day or completed on a Saturday, Sunday or banking holiday will be  posted on the next banking day.  

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You further agree that should you nominate any of your accounts as a nominated payment account, the  Bank, at its option, may automatically enroll all your other accounts which may be linked with your  nominated source accounts without the need for any further authorization or consent on the your part. 

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You also agree that by enrolling in the Bank’s Mobile Banking Service, other products under your name  such as, but not limited to loans, deposits and prepaid cards, may be automatically viewable. The Bank,  however, reserves the right, at its discretion, to require your enrolment in select products, services and  facilities as it may deem fit and appropriate. 

The Bank is committed to ensuring that the app is as useful and efficient as possible. For that reason, we  reserve the right to make changes to the app or to charge for its services, at any time and for any reason. 

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We will never charge you for the app or its services without making it very clear to you exactly what you’re  paying for. 

The Mobile App processes personal data that you have provided to us, to provide our Service. It is your  responsibility to keep your phone and access to the app secure. We therefore recommend that you do  not jailbreak or root your phone, which is the process of removing software restrictions and limitations  imposed by the official operating system of your device. It could make your phone vulnerable to  malware/viruses/malicious programs, compromise your phone’s security features and it could mean that  the Mobile App won’t work properly or at all. 

The app does use third party services that declare their own Terms and Conditions. (Link to Terms and Conditions of third party service providers used by the app) 

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GOOGLE PLAY SERVICES 

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You should be aware that there are certain things that the Bank will not take responsibility for. Certain  functions of the app will require the app to have an active internet connection. The connection can be Wi Fi, or provided by your mobile network provider, but the Bank cannot take responsibility for the app not  working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data  allowance left. 

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If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the  agreement with your mobile network provider will still apply. As a result, you may be charged by your  mobile provider for the cost of data for the duration of the connection while accessing the app, or other  third party charges. In using the app, you’re accepting responsibility for any such charges, including  roaming data charges if you use the app outside of your home territory (i.e. region or country) without  turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please  be aware that we assume that you have received permission from the bill payer for using the app. 

Along the same lines, the Bank cannot always take responsibility for the way you use the app i.e. You need  to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the  Service, the Bank cannot accept responsibility. 

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With respect to bank’s responsibility for your use of the app, when you’re using the app, it’s important to  bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely  on third parties to provide information to us so that we can make it available to you. The Bank accepts no  liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of  the app. 

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At some point, we may wish to update the app. The app will be made available on Android & iOS – the  requirements for both systems (and for any additional systems we decide to extend the availability of the  app to) may change, and you’ll need to download the updates if you want to keep using the app. The Bank  does not promise that it will always update the app so that it is relevant to you and/or works with the  Android & iOS version that you have installed on your device. However, you promise to always accept  updates to the application when offered to you, We may also wish to stop providing the app, and may  terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise,  upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop  using the app, and (if needed) delete it from your device. 

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CHANGES TO THESE TERMS AND CONDITIONS 

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We may update our Terms and Conditions from time to time. Thus, you are advised to review this page  periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions  on this page. 

These terms and conditions are effective as of (Mobile App Published Date)​​​

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