Online Terms & Conditions

Please read these terms and conditions carefully.

These terms and conditions set out the rights and obligations of you, the customer, and us, the Bank, in connection with your use of the Service. All the terms and conditions of this agreement are legally binding, so please read them through carefully before you agree to be bound by them.
This agreement:

• replaces all earlier terms and conditions relating to the Service (if any) except where we advise you otherwise;
• is in addition to the terms and conditions that apply to the individual accounts you may be accessing through the Service. If there is a conflict between the terms and conditions of this agreement and any other relevant terms and conditions, the terms and conditions of this agreement will prevail; and
• relates to (a) individual accounts in your sole name and (b) joint accounts but only if these may be operated by a single signing authority (“eligible accounts”). Account holders who do not have an eligible account for these purposes may nonetheless make account enquiries.

In the last section of this agreement, you will find definitions of some of the words and phrases used in these terms and conditions.

1. THE ACCOUNTS ON WHICH YOU MAY USE THE SERVICES

1.1 By agreeing to be bound by the terms of this agreement, you agree that the Service will be available on all eligible accounts with us, whether open now or opened in the future, including any joint accounts you hold with others. The Service cannot be used on some types of accounts and we will advise you from time to time as to which accounts are eligible.

1.2 In order to use the Service, you must be registered by us to use the Service.

2. FOLLOWING OUR USER GUIDANCE

2.1 User Guidance on the operation of the Service will be made available to you. User Guidance will cover (among other things) the times when the Service is available, how to access and operate the Service, what things you can and cannot do with the Service, and the time it usually takes to carry out particular types of transactions. You must follow all relevant User Guidance whenever you access and operate the Service.

2.2 We may inform you from time to time about changes to the way you should access or operate the Service. You must observe all such changes when accessing or operating the Service.

3. YOUR RESPONSIBILITIES FOR SECURITY

3.1 To ensure that you alone are able to access and give instructions on your accounts using the Service, you must adopt and at all times maintain the following security procedures.

3.2 To enable you to use the Service, we will give you a user identification code and initial password(s) and you may then choose your own password(s) for the Service. For certain online services and transactions, we may also require you to obtain and use an Additional Logon Pin (ALP) for additional security verification purposes. These are all your Security Codes used to identify you whenever you access and transact using the Service. If you are agreeing to the terms of this agreement jointly with others, we will give each of you a unique identification code, initial password(s) which each of you may choose individually and an ALP.

Safeguarding your Password and Security Codes

3.3 In connection with your Security Codes:

3.3.1 you should change your Passwords regularly and may do so if or when the Service requires you to do so. You should not choose a Password you have used before;

3.3.2 whenever you choose a Password, you must take care not to choose a number that is likely to be guessed by anyone trying to access the Service pretending to be you. For example, you should avoid your own or a relative’s birthday, or any part of your telephone number;

3.3.3 you must take all reasonable steps to ensure that you safeguard your Security Codes at all times, whenever possible. You must not disclose any details of your Passwords to anyone else, including to someone who is a joint account holder with you, or to a member of our staff, or to someone giving assistance on a technical helpdesk in connection with the Service;

3.3.4 you must not record your Security Codes in a way that could make them recognisable by someone else as Security Codes;

3.3.5 if you discover or suspect that a Password or any part of it is known to someone else, you must immediately change the Password yourself through the Service. If this is not possible, you must notify us immediately by telephoning us on +8809666777111 (or any other number we may let you have from time to time for this purpose). We will suspend use of the Service until new Security Codes have been set up.

3.3.6 in the case of an Additional Logon PIN (ALP) to be obtained from us, you must immediately notify us on the loss or change of your mobile phone number registered with us. Sections 3.3.3 and 3.3.4 above shall, with the necessary modifications, apply to the ALP, and you must notify us immediately if you discover or suspect that the ALP is obtained by or known to someone else. If you are using the Service, you should immediately terminate that online session to deactivate the ALP already obtained for that session.
Checking your statements

3.4 If you become aware of any transaction on any of your accounts that has not been validly authorised by you, you must notify us immediately by telephoning us on +8809666777111 (or any other number we may let you have from time to time for this purpose). For this purpose, you are reminded that you must, as is required of you for all your accounts, check all bank Statements for any unauthorised transactions.

Other security safeguards

3.5 You must not allow anyone else to operate the Service on your behalf.

3.6 You must not leave Your System unattended while you are on-line to the Service. This applies whether Your System is a device you have sourced independently of us or a device provided by us to access the Service in one of our branches. However, the public nature of our branches makes it particularly important that if you access the Service from a device in one of our branches you do not leave that device unattended while on-line and you ensure that you have gone off-line before leaving the branch.

3.7 You must not access the Service from any device connected to a local area network (or LAN), such as an office environment, without first making sure that no one else is able to observe or copy your access or obtain access to the Service pretending to be you.

3.8 You must comply with any other requirements designed to protect the security of your use of the Service which are set out in the User Guidance or notified by us to you in any other way.

Responsibility for loss of Security Codes/token(s)

3.9 In relation to any Security Codes and/or token(s) (where applicable) sent to you by ordinary post or by any other means, you agree to be responsible for and accept all risks associated with the delivery by the us to you of the Security Codes and/or token(s), from the time the foregoing leaves our physical custody or when we transfer control of the same to you (as applicable) or when we send the ALP to your mobile number based on our records or via the token and you shall be responsible for the continuing safekeeping of the same thereafter.

3.10 Any individual, (whether with or without your permission) who uses such Security Codes and/or token(s) shall be deemed to have be authorized by you unless otherwise notified by you to us. Unless otherwise notified to us by you, you agree not to hold us responsible in any way for losses you may suffer from non-receipt of Security Codes and/or token(s) or the disclosure to any party.

4. YOUR AUTHORITY TO US TO CARRY OUT INSTRUCTIONS

Your giving of instructions via the Service
4.1 You agree that the use of the Security Codes agreed between us for the Service is adequate identification of you. We are entitled to act on instructions (using the Security Codes via the Service) without obtaining any further written or other confirmation from you, even if those instructions are not actually given or authorised by you (except in the circumstances described in section 4.5).

4.2 You agree that when you give to us an instruction via the Service (including but not limited to an instruction to transfer funds out of your account), we are deemed to have received or executed the instruction only when you have received our confirmation that we have received or executed that instruction.

4.3 You are solely responsible for ensuring the accuracy, adequacy and completeness of all instructions given by you via the Service (including but not limited to instructions to transfer funds out of your account). We are not obliged to verify the accuracy, adequacy and completeness of your instructions. Without limiting the scope of anything in section 8, we will not be liable for any loss or damage to you as a result of:

4.3.1 your instructions to transfer funds being inaccurate, inadequate or incomplete in any manner; or

4.3.2 any failure, refusal, delay or error by any third party through whom any such funds transfer is to be made, to transfer the funds to or to credit the account of the intended payee.
Your liability for unauthorised instructions

4.4 You will not be liable for misuse of your Password by someone to give unauthorised instructions purporting to come from you provided that you prove to our satisfaction that you have:

4.4.1 ensured that all the security procedures described in sections 3.1 to 3.3.6 inclusive and 3.4 to 3.8 inclusive have been faithfully observed; and

4.4.2 notified us that your Password is or might be known to someone else in accordance with section 3.3.5.
You will be held liable for all losses due to unauthorised use if you have acted fraudulently or with gross negligence or if you are in wilful default of any of the security obligations described in sections 3.1 to 3.3.6 inclusive and 3.4 to 3.8 inclusive or the notification requirements of section 3.3.5 or 3.3.6.

4.5You will not be responsible nor have any liability for any instruction that is not authorised by you but is given using your Security Codes if:

4.5.1 such instruction is given after you have notified us that you have discovered or suspected that your mobile phone number is lost or changed or your Password is obtained by or known to someone else in accordance with section 3.3.5 or 3.3.6; or

4.5.2 your Password has been obtained by or has become known to the person giving the unauthorised instruction as a result of our failure to comply with section 8.1 or any negligence or wilful default on our part.

4.5A For the avoidance of doubt, for the purposes of determining your liability for any loss directly arising from any unauthorised, fraudulent or illegal activities, or activities which are otherwise contrary to law conducted by persons unknown to you, we may require you to prove to our satisfaction that:

4.5A.1 you did not use the Service personally in fact, nor did you authorise anyone to use the Service on your behalf during the relevant period(s);

4.5A.2 you did not act negligently or fraudulently, or such loss is not otherwise attributable to your wilful misconduct;

4.5A.3 you have exhausted all reasonable means and taken all necessary security measures (including the relevant security procedures described in section 3) to prevent such loss; and

4.5A.4 you have notified us and the relevant authorities at the earliest opportunity.
Acting on your instructions

4.6 You must not use the Service to create an unauthorised overdraft on any of your accounts and we are entitled to refuse to accept any instruction that would do so. If an unauthorised overdraft is created, we may take any action we think fit and charge any interest and charges to the account in question (in accordance with the terms and conditions of that account). You agree that:

4.6.1 it is your responsibility to make sure that no unauthorised overdrafts are created; and

4.6.2 you will not rely on the operation of the Service to prevent an unauthorised overdraft being created. In particular, you must remember that your cheques and any payment instructions you have given via the Service might take time to clear and might not always be immediately reflected in the balance on your account.

4.7 When we receive a transaction instruction from you through the Service, we will be entitled to debit any payment plus any charges payable for the transaction from the account you have specified. Once you have given an instruction through the Service, you will not be able to reverse it. We will be under no obligation:

4.7.1 to reverse an instruction you have given; or

4.7.2 to accept an instruction that is conditional or reversible or which requires us to pay a third party sooner than we would be able to pay them following our normal banking practices.

However, if you do ask us to reverse an instruction after you have given it, we may at our discretion try to do so to the extent that this is possible under the rules and practices of the banking system. You agree that you will be responsible for any costs we incur as a result.

4.8 We may, when we believe we are justified in doing so:

4.8.1 refuse to carry out an instruction given via the Service; or

4.8.2 require written confirmation from you of a particular instruction.

If we come to believe that an instruction may not have been properly authorised by you, we will be entitled, after making reasonable efforts to check whether it was properly authorised, to take steps to reverse any action taken on the basis of that instruction. We will not be responsible for any loss to you that results from such a reversal.

4.9 When you give an instruction via the Service, we will act on that instruction in accordance with the cut-off times notified to you through the Service. From time to time we may notify you of changes to these cut-off times. Instructions given at any other time may not be acted on until the next Business Day.

5. IF YOU HOLD ANY JOINT ACCOUNTS

5.1 In connection with any account which you hold jointly (provided that this may be operated on a single signing authority basis) with others, you agree that:

5.1.1 your joint account holders may operate the account using the Service on the terms set out in this agreement. This applies even if you are not yourself registered to use the Service (in accordance with section 1.2); and

5.1.2 any single party to a joint account may validly give instructions via the Service in connection with that joint account.

5.2 The provisions of section 5.1 above override any other existing arrangements in connection with your authority to operate joint accounts.

5.3 In connection with any account which you hold jointly with others and requires two or more authorised signatories to be operated, you and the joint signatories will only be able to utilise such part of the Service which allows you to obtain information about the account, including but not limited to the balance of the account.

6. OPERATING TIMES, CHANGES AND DISRUPTIONS

6.1 The Service will usually be available for use at the times given in the User Guidance or at other times notified to you. You accept, however, that routine maintenance requirements, excess demand on the systems and circumstances beyond our control may mean it is not always possible for the Service to be available during its normal operating hours.

6.2 In connection with the Service, we are entitled at any time to:

6.2.1 change the mode of operation; or

6.2.2 add to, remove or otherwise change, end or suspend any of the facilities available; or

6.2.3 end the Service.

If we decide to change or end the Service, we will try to give you 30 days notice or whatever shorter period of notice may be reasonable in the circumstances.

7. SERVICE SOFTWARE AND HARDWARE
Software compatibility

7.1 Each time you access the Service, it may automatically provide Your System with the Service Software necessary to enable you to access and operate the Service. Alternatively, the Service Software may be supplied to you in some other way. It is your responsibility to ensure that the Service Software supplied to you is compatible with any computer or other device from which you access the Service and any software on that computer or other device. If it is not, you must compensate us for any loss we suffer as a result. We shall not be liable to you for any loss you suffer as a result of any incompatibility between the Service Software and any computer or other device from which you access the Service.
Protecting against Viruses

7.2 You must take all reasonably practicable measures to ensure that any computer or other device from which you access the Service is free of any computer virus or similar device or software including, without limitation, devices commonly known as software bombs, Trojan horses and worms (together “Viruses”) and is adequately maintained in every way. The Service can be accessed through the Internet or other communication channels as the case may be, public systems over which we have no control. You must therefore ensure that any computer or other device you use to access the Service is adequately protected against acquiring Viruses.
Using other people’s devices

7.3 You must not access the Service using any computer, mobile phone or other device which you do not own unless you have first obtained the owner’s permission to do so. If you break this rule, you must compensate us for any loss we suffer as a result.
Access through third party services

7.4 We cannot be responsible for any services through which you access the Service or by which you obtain your Security Codes that are not controlled by us, or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it.
Ownership rights in connection with the Service Software and other information

7.5 By supplying you with the Service Software to access the Service, we are granting you a non-exclusive, non-transferable, temporary licence to use the Service Software for the purpose of accessing the Service, and for no other purpose. The Service Software and all other material and information supplied to you, including the User Guidance, contains valuable information that belongs to us or others. You must not:

7.5.1 use them except in connection with accessing the Service;

7.5.2 take copies, sell, assign, commercially rent, sub-license, otherwise transfer them to any third party; or

7.5.3 try to decompile, reverse engineer, input or compile any of the service Software.

7.6 If you access the Service from a country outside the Bangladesh, you are responsible for complying with the local laws of that country, including (but not limited to) obtaining any licence needed for the import / export of the Service Software to that country.

8. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE

8.1 We will take reasonably practicable steps to ensure that our systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to us from time to time.

8.2 We will not be liable for any loss or damage to you as a result of making the Service available to you, including any direct, indirect, consequential or special loss, even if we have been advised of the same. Examples of circumstances in which we will NOT be liable to you for loss or damage resulting to you through the use of the Service include (but are not limited to):

8.2.1 acting on an instruction which has been validly authenticated as coming from you but which in fact was given by somebody else (but please see sections 4.4, 4.5 and 4.5A which explain the exceptions to this rule); and

8.2.2 any incompatibility between Your System and the Service; and

8.2.3 any machine, system or communications breakdown, interruption, malfunction or failure (except where such failure should have been prevented by the risks control and arrangement measures had we adopted such measures in accordance with section 8.1), industrial dispute, failure or fault of any Internet service providers, telecommunications or SMS service providers or operators, or their respective agents and subcontractors or other circumstances beyond our control that leads either to the Service being totally or partially unavailable or delayed, or to the non-receipt, interception of or unauthorised access to or use of the Security Codes or to instructions given via the Service not being received, authenticated, accurate, correct or acted upon promptly or at all; and

8.2.4 you relying on or using any financial or product information provided as part, or by means, of the Service, or you using or purchasing any service or product by virtue of such reliance or use of the Service; and

8.2.5any misuse of Your System or the Service by you or anyone else; and

8.2.6 any access to information about your accounts which is obtained by a third party as a result of your using the Service (except where that access is obtained as a result of our negligence or our willful default); and

8.2.7 any delay or failure to send, transmit, receive, confirm or acknowledge any email, SMS messages, Security Codes or anything available under the Service, or any error, inaccuracy or incompleteness of any information or data available under the Service.

8.3 In the event that we are liable for any loss or damage to you as a result of your use of the Service, we shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by our gross negligence or willful default.
Please note that the Service has no facility for you to let us know that it is especially important to you that a transaction is carried out by a particular time. If you need to be completely certain that an instruction has reached us and that it will be carried out by a particular time, you must speak to our staff on +8809666777111.

8.4 You shall indemnify us, our employees and our nominees or agents promptly and on a full indemnity basis from or against all actions, omissions, negligence, proceedings, claims, demands, damages, losses (including direct, indirect or consequential losses), costs and expenses including all duties, taxes, or other levies and legal costs as between solicitor and client (on a full indemnity basis) and other liabilities which we may incur or suffer from or by reason of your use of the Service.

9. IF YOU BREAK A TERM OF THIS AGREEMENT

You must compensate us for any loss we suffer as a result of your breaking any term of this agreement.

10. ENDING YOUR USE OF THE SERVICE

10.1 You may cancel your use of the Service at any time by giving us written notice (or in any other way we notify you about from time to time).

10.2 If you have multiple accounts, you may not cancel the Service solely in respect of any one account, unless you are notified to the contrary in the User Guidance or otherwise in writing.

10.3 We have the right to end or suspend your use of the Service at any time. We will usually give you at least 30 days notice. However, we may give you a shorter period of notice or no notice if we consider it necessary, for example because of security concerns in connection with your use of the Service or because we are concerned that you have used or may use the Service to create an unauthorised overdraft or otherwise to operate any of your accounts in breach of your arrangements with us.

10.4 We will be entitled to end your use of the Service immediately on all your accounts if any of your joint account holders notifies us:

10.4.1 that the joint account can no longer be operated on your instructions alone; or

10.4.2 that he/she is no longer prepared to accept that you may operate the joint account using the Service.

10.5 If your use of the Service comes to an end for any reason, this will not affect any instructions you have already given via the Service. If more than one person has signed this agreement and one of you withdraws from the Service,this will not affect the use of the Service by the others (except in the circumstances outlined in section 10.4).

11. ABOUT OUR CHARGES

11.1 We are entitled:

11.1.1 to charge you fees and charges for the Service; and

11.1.2 to change those fees and charges from time to time by giving you at least 30 days notice. If we give you such a notice, you will not have to pay any proposed increase so long as you cancel your use of the Service during the 30 day notice period. However, your continued use of the Service after the 30 day notice period shall be conclusively deemed to be your acceptance of such changed fees and charges.

11.2 To avoid any doubt, please note that the references to fees and charges in section 11.1 only apply to our charges for providing the Service. They do not apply to any charges for particular banking or other services we might provide in response to your requests via the Service. We will be happy to provide you with details of our charges for particular banking or other services on request.

12. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT

12.1 We have the right to change the terms of this agreement at any time by giving you notice either in writing, by placing prominent notices at our offices or branches or by sending you a message via the Service. Your own rights to use the Service will not be affected by the change until you have actually received the notice.

12.2 We will give you 30 days notice of any change before it takes effect, except when notice has to be shorter in order to protect the security of the Service or in other circumstances beyond our control. Once you have received notice of any change in the terms of this agreement, we will treat your subsequent use of the Service as your acceptance of the change (but please remember, you have the right to end your use of the Service at any time).

13. THE VALIDITY OF THE TERMS OF THIS AGREEMENT

13.1 If any one or part of the terms of this agreement proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms.

13.2 We believe the terms of this agreement are fair. If any one or part of them proves to be not legally valid because it is unfair or for any other reason, we are entitled to treat that term as changed in a way that makes it fair and valid.

13.3 If one of the terms of this agreement is unenforceable against one of the customers signing this agreement, this will not in any way affect the enforceability of that term against the other signatories.

13.4 If we relax any of the terms of this agreement once, this may be on a temporary basis or as a special case only. Such relaxation will not affect our right to enforce that term strictly at any other time.

14. COMMUNICATIONS BETWEEN US

14.1 Except for situations where this agreement refers to your giving us notice by telephone, you should give us any other formal notice in connection with the Service in writing (in hard copy form) to any of our branches in Bangladesh where you maintain an account (or any other address we may notify to you from time to time for this purpose).

14.2 Any complaints in connection with the Service should be directed to: any of our branches in Bangladesh where you maintain an account (or any other address we may notify to you from time to time for this purpose).

14.3 Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us:
14.3.1 notices in connection with the terms of this agreement; or

14.3.2 sensitive communications, such as payment instructions (payment instructions should be sent through the Service in accordance with the User Guidance or in accordance with the terms of the relevant account which you hold with us).

14.4 If we need to send you a notice, we will use the address you have given us most recently in connection with your bank accounts.

14.5 For purposes of certain Passwords like the ALP, we will for security reasons transmit them through a stipulated communication or electronic device designated in advance to the address or number reflected on our records as the most recently registered address or number (including your registered mobile phone number), or where such communication or electronic device is unavailable, in such manner and through such other medium as we may otherwise stipulate.

15. SERVICE QUALITY: RECORDING YOUR CALLS AND INSTRUCTIONS

To protect both our customers and our staff, and to help resolve any disputes between you and us, you acknowledge that:

15.1 we will record all telephone conversations between us and customers of the Service; and

15.2 we will keep a record of all instructions given by customers via the Service; and

15.3 we may listen to telephone calls made in respect of the Service in order to assess and improve the quality of the Service.

16. OUR ADVERTISING

From time to time we may advertise our own products and services, and those of other companies in the Standard Chartered Group, through the Service. If, in connection with other agreements with us, you have asked us not to send you any marketing material (or if you do so in the future), you agree that this restriction will not apply to these advertisements.

17. THE LAW GOVERNING THIS AGREEMENT

This agreement is governed by the laws of People’s Republic of Bangladesh (“Bangladesh”). Both parties agree to submit to the jurisdiction of the Bangladesh Courts in connection with any dispute. This does not affect our right to pursue our remedies in the courts of any other jurisdiction which is appropriate. In the event of any inconsistency between the English version and the Chinese version of this agreement, the English version of this agreement will prevail.

18. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE INTERBANK FUNDS TRANSFER SERVICE

18.1 You may use the Service to instruct us to transfer funds from your account with us (“your designated account”), to a stipulated account with another bank (“receiving bank”). This Interbank Funds Transfer Service is part of the Service provided by us to you. You acknowledge that using the IFTS is the same as using the Service.

18.2 You may issue as many instructions to transfer funds in any one day as you wish, subject to such transaction limits as may be set by law or us. However, you may only issue instructions to transfer up to an aggregate total of your personalized limit per day.

18.3 We are not obliged to execute your instructions to transfer funds via the IFTS. In particular, we will not be liable for any loss or damage to you (including without limitation any charges that may be imposed on you by a receiving bank or intended receiving bank) as a result of us not effecting such instructions, if, on the stipulated transfer date:

18.3.1 your designated account does not contain sufficient funds to make the funds transfer; or

18.3.2 an order of court prohibits withdrawals from your designated account;

18.3.3 your designated account does not contain sufficient funds to pay for any charges, fees, interest or other sums that may be payable by you to us; or

18.3.4 the execution of your instructions will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

18.3.5 your designated account is closed, frozen or inaccessible for any reason; or

18.3.6 the receiving bank is not able to accept the funds transfer (which, for the avoidance of doubt, includes any intermittent period for whatever reasons during which a receiving bank is unable to accept transfers); or

18.3.7 you did not correctly use the Service, including the IFTS; or

18.3.8 there exists circumstances beyond our control that prevent the IFTS from being carried out, despite reasonable precautions taken by us.

18.4 We are entitled to determine at our discretion the order of priority in executing your instructions to transfer funds and/or any other existing arrangements you may have made with us on the stipulated date for the execution of the funds transfer. Examples of such other existing arrangements include (but are not limited to) cheques, standing orders, and interbank GIRO deductions.

18.5 You understand that funds transfer via IFTS are processed solely based on the account number of the payee as indicated and not the name of the payee. The funds transfer will be processed even if the name of the payee does not match the account number indicated. The name of the payee is required to be filled in for reference only.

18.6 If you are entitled to a refund of any amount debited from your account after a funds transfer via IFTS is timed-out for any reason, we will endeavour to refund such amount to you within a reasonable time.

18.7 We may send you electronic alerts on the status of your funds transfer transaction. The sending of electronic alerts is subject to many variable circumstances such as mobile network availability and proper functioning of hardware and software. We are not liable for any delay or failure in the sending of electronic alerts.

19. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE BILL PAYMENT SERVICE

19.1 You may use the Service to instruct us to transfer funds from your account with us (“your designated account”), to the account of a stipulated payee organisation (which may either be with us or with another bank). This Bill Payment Service(“BPS”) is part of the Service provided by us to you. You acknowledge that using the BPS is the same as using the Service.

19.2 You may issue as many instructions to make payment to payee organisations in any one day as you wish.

19.3 You acknowledge that all payments received by us from you for the account of the payee organisation will be credited to the payee organisation on:

19.3.1 if the payee organisation’s account is maintained with us, the next Business Day; or

19.3.2 if the payee organisation’s account is maintained with another bank, on the second Business Day after the Business Day on which we receive the payment from you for the account of the payee organisation.

19.4 You agree that we are entitled to provide a report on a daily or other regular basis to all payee organisations under the BPS. This report will list out all the users of the Service who have made payments to that payee organisation and the respective amounts paid by each of those users to that payee organisation and credited into that payee organisation’s account on each day.

19.5 We are not obliged to execute your instructions to make payments to payee organisations via the BPS and we will not be liable for any loss or damage to you as a result of us not effecting such instructions, if, on the date on which such payment is to be made from your designated account:

19.5.1 your designated account does not have an adequate balance to make the payment; or

19.5.2 your designated account does not contain sufficient funds to pay for any charges, fees, interest or other sums that may be payable by you to us; or

19.5.3 the execution of your instructions will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

19.5.4 your designated account is closed, frozen or inaccessible for any reason.

19.6 You agree that you, and not we, will be responsible for any charges imposed, or any other action taken, by a payee organisation or intended payee organisation, where:

19.6.1 you do not have an adequate balance in your designated account to make the payment; or

19.6.2 an order of court prohibits withdrawals from your designated account; or

19.6.3 your designated account is closed; or

19.6.4 your designated account or any funds in your designated account have been put on hold; or

19.6.5 the execution of your instruction to make payment will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

19.6.6 you did not, at our sole discretion, correctly use the Service, including the BPS; or

19.6.7 circumstances beyond your reasonable control prevent the making of the payment, despite reasonable precautions taken by you. Examples of such circumstances which are beyond your reasonable control include (but are not limited to) fire, flood or improper transmission or handling of payments by a third party.

19.7 We are entitled to determine at our discretion the order of priority in executing your instructions to make payments and/or any other existing arrangements or instructions you may have made with us on the date on which the payment to the stipulated payee organisation is to be made from your designated account. Examples of such other existing arrangements or instructions include (but are not limited to) cheques, standing orders, interbank GIRO deductions and instructions to transfer funds.

20. DEFINITIONS : THE MEANING OF SOME WORDS AND PHRASES USED IN THIS AGREEMENT

Some words and expressions used in this agreement have particular meanings as follows:

“ALP” means a unique randomly generated password known as the Additional Logon PIN that is required to access the Services as a means of identifying you when you use the Service, and which we will transmit using your mobile phone number that has been registered with us or via token or such other means as we may otherwise select or agree.

Business Day means a day (other than Friday, Saturday or a public holiday) on which banks are open for business in Bangladesh.

Password means the Phone Banking Personal Identification Number, AOP or Internet Banking Personal Identification Number or secret number(s) chosen by you (or if you do not elect to change it, the initial secret number(s) given to you) that is used to confirm your identity whenever you use the Service.

Security Codes means the user identification code with the applicable Password details agreed between you and us and shall also include the ALP that are used to identify you whenever you use the Service.

SMS means a service known as Short Message Service that enables text and other messages to be transmitted between mobile phones and such other telecommunication or electronic devices as the relevant service providers may make available.

Service means the services provided by us which enable you to obtain information from us and give instructions to us by computer, telephone, mobile telephone, personal digital assistant or other device linked to our system by any means (among other things).

Service Software means any software supplied to you whenever you access the Service and any other software we supply to you for the purpose of accessing the Service from time to time.

Statement means bank statement, contract or translation note, confirmation notice for Investment Services, or any of these or similar documentation, as applicable, depending on the service.

User Guidance means the guidelines we provide from time to time in connection with your operation of the Service, which may include guidance:

• in hard copy form (for example, in a user manual or by letter); and
• spoken guidelines (e.g. by any technical help desk we may operate); and
• through any on-line help service available as part of the Service.

We/us/our/Bank refer to Standard Chartered Bank (Bangladesh) established in England and Wales with limited liability by Royal Charter 1853 reference number ZC 18 and whose principal office in Bangladesh is at 67 Gulshan Avenue, Dhaka-1212, Bangladesh.

You/your means you, the customer(s), who are registered by us to use the Service.

Your System means the equipment and software contained on it used by you to access the Service.

20. Data Privacy

Unless restricted by applicable laws, you agree that any and all personal information/data relating to you collected by the Bank from this website may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with the Bank’s prevailing Privacy Policy as amended from time to time.

Privacy Policy click here

THIS AGREEMENT is entered into effect as of the date of initiating the transactions, by the user and/ or customers and between user or the customers, (the “Originator”), and (“Standard Chartered Bank”).

RECITALS
WHEREAS, the Originator has requested that Bank permit it to initiate electronic credit and debit entries (and “Entry” or “Entries”) for payment to accounts maintained at Bank and other Banks, by means of the Bangladesh Electronic Funds Transfer Network (the “BEFTN”); and WHEREAS, Bank is willing to provide such services to Originator in accordance with the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed as follows:

AGREEMENT

1. Transmission of Entries.
   1. Bank, in its capacity as an originating deposit Bank, will transmit the Entries initiated by the Originator into the BEFTN and with those procedures provided for herein and as provided in the BEFTN Rules; as such rules may be amended from time to time.
   2. The Originator will utilize Bank’s origination system using BEFTN format or such other format or medium as the parties may mutually agree upon for the transmittal of Entries to Bank.
2. Compliance with Law, BEFTN Rules.
   1. The Originator will comply with all BEFTN Rules, and applicable regulations and laws (“Rules and Laws”) with respect to the subject matter of this agreement. The specific duties of the Originator provided in this agreement shall in no way limit the foregoing undertaking.
   2. It will be the sole responsibility of the Originator to ensure that the transmission of Entries and origination of BEFTN transactions are in full compliance with all Rules and Laws.
3. Rejection of Entries.
   1. In the event that any Entries are rejected by the BEFTN System for any reason, it shall be the responsibility of the Originator to remake such entries. Bank shall have no responsibility to reinitiate any returned entries until Originator remakes such entries in accordance with the BEFTN Rules.
   2. Bank shall have the right to reject any Entry that does not fully comply with the requirements of this agreement, which determination shall be made in Bank’s sole discretion. In addition, Bank shall have the right to reject any Entry that is made while the Originator is in default of any requirements of this agreement, including but not limited to the requirement to maintain an adequate account balance or line of credit.
4. Dispute Settlement.
5.  If any dispute is raised by Originator regarding BEFTN transaction, such as Originator’s account is debited but the beneficiary (receiver) didn’t receive the fund, this kind of dispute settlement will be performed by following the Bank’s settlement guideline which is in accordance with Bangladesh Bank’s guidance related to BEFTN settlement.Account Reconciliation.
   1. Entries transmitted by Bank will be reflected on Originator’s periodic statement. Originator agrees to notify Bank immediately of any discrepancy between Originator’s records and the information shown on any such periodic statement. If Originator fails to notify Bank of any discrepancy within sixty (60) days of receipt of the corresponding periodic statement, Originator agrees that Bank will not be liable for any losses resulting from Originator’s failure to give such notice.
6. Security Procedures.
   1. The Originator  will comply with the security procedures while performing the BEFTN transfer such as not sharing his Online Banking’s credentials to anyone or sharing the 2 Factor Authentication code with anyone and other prescribed security measures which Bank guides the originator from time to time.
7. Payment for Services.
   1. The Originator agrees to compensate Bank for providing the services referred to herein at the prices set forth in schedule of charges. The prices contained therein do not include, and Originator shall be responsible for payment of, any sales, use, excise, value added, utility or other taxes relating to the services provided for herein. Bank may amend the Pricing Schedule at any time deemed right which will be available at visible places like branches.
8. Limitation of Liability.
   1. Bank’s liability hereunder shall be limited to liability for its own gross negligence or willful misconduct. Notwithstanding the foregoing, in no event shall bank be liable for any indirect, incidental, special, punitive or consequential damages or for any lost or imputed profits or revenues or costs of cover arising from or related to the services provided under this agreement, regardless of the legal theory under which such liability is asserted and regardless of whether a party has been advised of the possibility of any such liability, loss or damage. Originator’s exclusive remedies for any and all claims related to the services provided hereunder shall be limited to the amount recoverable by bank from the BEFTN system operator, or any other sub member pursuant to the BEFTN rules or any applicable indemnity agreement.
   2. Bank will not be liable for any failure or delay in transmission of an Entry if such transmission would (1) result in Bank’s having exceeded any limitation upon its intra-day net funds position established pursuant to BEFTN Operating Rule, (2) violate any risk control provision promulgated by the Regulatory Bodies, or (3) violate any rule or regulation of any Bangladesh governmental regulatory authority or (4) Has to postpone the transaction or discontinue for uncertain period of time, for unforeseeable technical difficulties.
9. Disclaimer of Warranties.
   1. Originator assumes total responsibility for use of the services provided hereunder. Except as specifically set forth herein, the services and any related software, if any, are provided without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose. Confidentiality Whilst the Bank maintains strict confidentiality in all matters relating to our accounts, transaction and business, the originator authorises the bank (and/or any of its officers of employees) to disclose any information concerning same and its business and transaction, accounts held with the Bank or another group member or my relationship with the Bank or another group member to any of the following (a) any office or branch of the bank or another group member; (b) any agent, contractor or third party service provider or any professional adviser of the bank or another group member; (c) any regulatory, supervisory, governmental or quasi governmental authority with jurisdiction over the Bank or another group member (d) any person to whom the Bank is required or authorised by law or court order to make such discloser;(e) any person who is under a duty of confidentiality to the Bank; (f) any Bank or financial institution with which we have or proposes dealings; regardless of whether the recipient in each case is located in Bangladesh or in another country, and regardless of whether such information will, following disclosure, be held, processed, used or disclosed by such recipient in Bangladesh or another country.
10. Indemnification of Bank.
    1. The Originator will indemnify Bank if Bank incurs any financial loss or liability (including attorneys’ fees and associated expenses) due to the breach, with respect to any Entries initiated by the Originator, of any of the warranties of an Originating Bank contained in the BEFTN Rules, except those due to the gross negligence of Bank. This includes reimbursement by the Originator to Bank of any fines imposed on Bank due to breaches of the BEFTN Rules by the Originator.
    2. The Originator will indemnify Bank against any loss, liability or expense (including attorneys’ fees and associated expenses) resulting from any claim that Bank is responsible for any act or omission of the Originator or any other person or entity associated with or affected by the services to be performed hereunder, including but not limited to any receiver, receiving Bank, or any federal reserve financial institution.
11. Variations
    1. The Bank reserves the right to alter, amend or vary these terms and conditions with seven (7) days notice specifying the effective of the variations. We acknowledge that in the event of any changes being communicated to me, the Bank is not obliged to obtain our signature for receipt of such communication.
12. Assignment
    1. Originator may not assign this agreement or any of its rights or obligations hereunder without the prior written consent of Bank. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.
13. No Third Party Beneficiaries.
    1. The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party to this agreement.
14. Severability.
    1. If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in full force and effect.
15. Force Majeure.
    1. Bank will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. For purposes hereof, a “Force Majeure Event” means an unforeseeable event beyond the reasonable control of Bank, including but not limited to: an act of God; fire; flood; labour strike; sabotage; fiber or data-line cut; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder.
16. Waiver.
    1. Bank’s failure to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any of its rights hereunder.
17. Governing Law.
    1. This agreement shall be governed by the laws of the People’s Republic of Bangladesh.

THIS AGREEMENT is entered into effect as of the date of initiating the transactions, by the user and/ or customers and between user or the customers, (the “Originator”), and (“Standard Chartered Bank”).

RECITALS
WHEREAS, the Originator has requested that Bank permit it to initiate electronic credit and debit entries (and “Entry” or “Entries”) for payment to accounts maintained at Bank and other Banks, by means of the Bangladesh National Payment Switch Network(the “NPS”); and WHEREAS, Bank is willing to provide such services to Originator in accordance with the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed as follows:

AGREEMENT

1. Transmission of Entries.
   1. Bank, in its capacity as an originating deposit Bank, will transmit the Entries initiated by the Originator into the NPS and with those procedures provided for herein and as provided in the NPS Rules; as such rules may be amended from time to time.
   2. The Originator will utilize Bank’s origination system using NPS format or such other format or medium as the parties may mutually agree upon for the transmittal of Entries to Bank.
2. Compliance with Law, NPS Rules.
   1. The Originator will comply with all NPS Rules, and applicable regulations and laws (“Rules and Laws”) with respect to the subject matter of this agreement. The specific duties of the Originator provided in this agreement shall in no way limit the foregoing undertaking.
   2. It will be the sole responsibility of the Originator to ensure that the transmission of Entries and origination of NPS transactions are in full compliance with all Rules and Laws.
3. Rejection of Entries.
   1. In the event that any Entries are rejected by the NPS System for any reason, it shall be the responsibility of the Originator to remake such entries. Bank shall have no responsibility to reinitiate any returned entries until Originator remakes such entries in accordance with the NPS Rules.
   2. Bank shall have the right to reject any Entry that does not fully comply with the requirements of this agreement, which determination shall be made in Bank’s sole discretion. In addition, Bank shall have the right to reject any Entry that is made while the Originator is in default of any requirements of this agreement, including but not limited to the requirement to maintain an adequate account balance or line of credit.
4. Dispute Settlement.
   1. If any dispute is raised by Originator regarding NPS transaction, such as Originator’s account is debited but the beneficiary (receiver) didn’t receive the fund, this kind of dispute settlement will be performed by following the Bank’s settlement guideline which is in accordance with Bangladesh Bank’s guidance related to NPS settlement
5. Account Reconciliation.
   1. Entries transmitted by Bank will be reflected on Originator’s periodic statement. Originator agrees to notify Bank immediately of any discrepancy between Originator’s records and the information shown on any such periodic statement. If Originator fails to notify Bank of any discrepancy within sixty (60) days of receipt of the corresponding periodic statement, Originator agrees that Bank will not be liable for any losses resulting from Originator’s failure to give such notice.
6. Security Procedures.
   1. The Originator  will comply with the security procedures while performing the NPS transfer such as not sharing his Online Banking’s credentials to anyone or sharing the 2 Factor Authentication code with anyone and other prescribed security measures which Bank guides the originator from time to time.
7. Payment for Services.
   1. The Originator agrees to compensate Bank for providing the services referred to herein at the prices set forth in schedule of charges. The prices contained therein do not include, and Originator shall be responsible for payment of, any sales, use, excise, value added, utility or other taxes relating to the services provided for herein. Bank may amend the Pricing Schedule at any time deemed right which will be available at visible places like branches.
8. Limitation of Liability.
   1. Bank’s liability hereunder shall be limited to liability for its own gross negligence or willful misconduct. Notwithstanding the foregoing, in no event shall bank be liable for any indirect, incidental, special, punitive or consequential damages or for any lost or imputed profits or revenues or costs of cover arising from or related to the services provided under this agreement, regardless of the legal theory under which such liability is asserted and regardless of whether a party has been advised of the possibility of any such liability, loss or damage. Originator’s exclusive remedies for any and all claims related to the services provided hereunder shall be limited to the amount recoverable by bank from the NPS system operator, or any other sub member pursuant to the NPS rules or any applicable indemnity agreement.
   2. Bank will not be liable for any failure or delay in transmission of an Entry if such transmission would (1) result in Bank’s having exceeded any limitation upon its intra-day net funds position established pursuant to NPS Operating Rule, (2) violate any risk control provision promulgated by the Regulatory Bodies, or (3) violate any rule or regulation of any Bangladesh governmental regulatory authority or (4) Has to postpone the transaction or discontinue for uncertain period of time, for unforeseeable technical difficulties.
9. Disclaimer of Warranties.
   1. Originator assumes total responsibility for use of the services provided hereunder. Except as specifically set forth herein, the services and any related software, if any, are provided without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose. Confidentiality Whilst the Bank maintains strict confidentiality in all matters relating to our accounts, transaction and business, the originator authorises the bank (and/or any of its officers of employees) to disclose any information concerning same and its business and transaction, accounts held with the Bank or another group member or my relationship with the Bank or another group member to any of the following (a) any office or branch of the bank or another group member; (b) any agent, contractor or third party service provider or any professional adviser of the bank or another group member; (c) any regulatory, supervisory, governmental or quasi governmental authority with jurisdiction over the Bank or another group member (d) any person to whom the Bank is required or authorised by law or court order to make such discloser;(e) any person who is under a duty of confidentiality to the Bank; (f) any Bank or financial institution with which we have or proposes dealings; regardless of whether the recipient in each case is located in Bangladesh or in another country, and regardless of whether such information will, following disclosure, be held, processed, used or disclosed by such recipient in Bangladesh or another country.
10. Indemnification of Bank.
    1. The Originator will indemnify Bank if Bank incurs any financial loss or liability (including attorneys’ fees and associated expenses) due to the breach, with respect to any Entries initiated by the Originator, of any of the warranties of an Originating Bank contained in the NPS Rules, except those due to the gross negligence of Bank. This includes reimbursement by the Originator to Bank of any fines imposed on Bank due to breaches of the NPS Rules by the Originator.
    2. The Originator will indemnify Bank against any loss, liability or expense (including attorneys’ fees and associated expenses) resulting from any claim that Bank is responsible for any act or omission of the Originator or any other person or entity associated with or affected by the services to be performed hereunder, including but not limited to any receiver, receiving Bank, or any federal reserve financial institution.
11. Variations
    1. The Bank reserves the right to alter, amend or vary these terms and conditions with seven (7) days notice specifying the effective of the variations. We acknowledge that in the event of any changes being communicated to me, the Bank is not obliged to obtain our signature for receipt of such communication.
12. Assignment.
    1. Originator may not assign this agreement or any of its rights or obligations hereunder without the prior written consent of Bank. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.
13. No Third Party Beneficiaries.
    1. The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party to this agreement.
14. Severability.
    1. If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in full force and effect.
15. Force Majeure.
    1. Bank will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. For purposes hereof, a “Force Majeure Event” means an unforeseeable event beyond the reasonable control of Bank, including but not limited to: an act of God; fire; flood; labour strike; sabotage; fiber or data-line cut; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder.
16. Waiver.
    1. Bank’s failure to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any of its rights hereunder.
17. Governing Law.

This agreement shall be governed by the laws of the People’s Republic of Bangladesh.

THIS AGREEMENT is entered into effect as of the date of initiating the transactions, by the user and/ or customers and between user or the customers, (the “Originator”), and (“Standard Chartered Bank”).

RECITALS
WHEREAS, the Originator has requested that Bank permit it to initiate electronic credit and debit entries (and “Entry” or “Entries”) for payment to accounts maintained at Bank and other Banks, by means of the BINIMOY (is primarily a processing and settlement system provided by Bangladesh Bank for electronic payments where the main participants are Banks, Mobile Financial Services (“MFS”) and Payment Service Providers (“PSP”)); and WHEREAS, Bank is willing to provide such services to Originator in accordance with the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed as follows:

AGREEMENT

1. Transmission of Entries.
   1. Bank, in its capacity as an originating deposit Bank, will transmit the Entries initiated by the Originator into the BINIMOY and with those procedures provided for herein and as provided in the BINIMOY Rules; as such rules may be amended from time to time.
   2. The Originator will utilize Bank’s origination system using BINIMOY format or such other format or medium as the parties may mutually agree upon for the transmittal of Entries to Bank.
2. Compliance with Law, BINIMOY Rules.
   1. The Originator will comply with all BINIMOY Rules, and applicable regulations and laws (“Rules and Laws”) with respect to the subject matter of this agreement. The specific duties of the Originator provided in this agreement shall in no way limit the foregoing undertaking.
   2. It will be the sole responsibility of the Originator to ensure that the transmission of Entries and origination of BINIMOY transactions are in full compliance with all Rules and Laws.
3. Rejection of Entries.
   1. In the event that any Entries are rejected by the BINIMOY System for any reason, it shall be the responsibility of the Originator to remake such entries. Bank shall have no responsibility to reinitiate any returned entries until Originator remakes such entries in accordance with the BINIMOY Rules.
   2. Bank shall have the right to reject any Entry that does not fully comply with the requirements of this agreement, which determination shall be made in Bank’s sole discretion. In addition, Bank shall have the right to reject any Entry that is made while the Originator is in default of any requirements of this agreement, including but not limited to the requirement to maintain an adequate account balance or line of credit.
4. Dispute Settlement.
   1. If any dispute is raised by Originator regarding BINIMOY transaction, such as Originator’s account is debited but the beneficiary (receiver) didn’t receive the fund, this kind of dispute settlement will be performed by following the Bank’s settlement guideline which is in accordance with Bangladesh Bank’s guidance related to BINIMOY settlement
5. Account Reconciliation.
   1. Entries transmitted by Bank will be reflected on Originator’s periodic statement. Originator agrees to notify Bank immediately of any discrepancy between Originator’s records and the information shown on any such periodic statement. If Originator fails to notify Bank of any discrepancy within sixty (60) days of receipt of the corresponding periodic statement, Originator agrees that Bank will not be liable for any losses resulting from Originator’s failure to give such notice.
6. Security Procedures.
   1. The Originator  will comply with the security procedures while performing the BINIMOY transfer such as not sharing his Online Banking’s credentials to anyone or sharing the BINIMOY PIN or the 2 Factor Authentication code with anyone and other prescribed security measures which Bank guides the originator from time to time.
7. Payment for Services.
   1. The Originator agrees to compensate Bank for providing the services referred to herein at the prices set forth in schedule of charges. The prices contained therein do not include, and Originator shall be responsible for payment of, any sales, use, excise, value added, utility or other taxes relating to the services provided for herein. Bank may amend the Pricing Schedule at any time deemed right which will be available at visible places like branches.
8. Limitation of Liability.
   1. Bank’s liability hereunder shall be limited to liability for its own gross negligence or willful misconduct. Notwithstanding the foregoing, in no event shall bank be liable for any indirect, incidental, special, punitive or consequential damages or for any lost or imputed profits or revenues or costs of cover arising from or related to the services provided under this agreement, regardless of the legal theory under which such liability is asserted and regardless of whether a party has been advised of the possibility of any such liability, loss or damage. Originator’s exclusive remedies for any and all claims related to the services provided hereunder shall be limited to the amount recoverable by bank from the  BINIMOY system operator, or any other sub member pursuant to the beftn rules or any applicable indemnity agreement.
   2. Bank will not be liable for any failure or delay in transmission of an Entry if such transmission would (1) result in Bank’s having exceeded any limitation upon its intra-day net funds position established pursuant to BINIMOY Operating Rule, (2) violate any risk control provision promulgated by the Regulatory Bodies, or (3) violate any rule or regulation of any Bangladesh governmental regulatory authority or (4) Has to postpone the transaction or discontinue for uncertain period of time, for unforeseeable technical difficulties.
9. Disclaimer of Warranties.
   1. Originator assumes total responsibility for use of the services provided hereunder. Except as specifically set forth herein, the services and any related software, if any, are provided without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose. Confidentiality Whilst the Bank maintains strict confidentiality in all matters relating to our accounts, transaction and business, the originator authorises the bank (and/or any of its officers of employees) to disclose any information concerning same and its business and transaction, accounts held with the Bank or another group member or my relationship with the Bank or another group member to any of the following (a) any office or branch of the bank or another group member; (b) any agent, contractor or third party service provider or any professional adviser of the bank or another group member; (c) any regulatory, supervisory, governmental or quasi governmental authority with jurisdiction over the Bank or another group member (d) any person to whom the Bank is required or authorised by law or court order to make such discloser;(e) any person who is under a duty of confidentiality to the Bank; (f) any Bank or financial institution with which we have or proposes dealings; regardless of whether the recipient in each case is located in Bangladesh or in another country, and regardless of whether such information will, following disclosure, be held, processed, used or disclosed by such recipient in Bangladesh or another country.
10. Indemnification of Bank.
    1. The Originator will indemnify Bank if Bank incurs any financial loss or liability (including attorneys’ fees and associated expenses) due to the breach, with respect to any Entries initiated by the Originator, of any of the warranties of an Originating Bank contained in the BINIMOY Rules, except those due to the gross negligence of Bank. This includes reimbursement by the Originator to Bank of any fines imposed on Bank due to breaches of the BINIMOY Rules by the Originator.
    2. The Originator will indemnify Bank against any loss, liability or expense (including attorneys’ fees and associated expenses) resulting from any claim that Bank is responsible for any act or omission of the Originator or any other person or entity associated with or affected by the services to be performed hereunder, including but not limited to any receiver, receiving Bank, or any federal reserve financial institution.
11. Variations
    1. The Bank reserves the right to alter, amend or vary these terms and conditions with seven(7) days notice specifying the effective of the variations. We acknowledge that in the event of any changes being communicated to me, the Bank is not obliged to obtain our signature for receipt of such communication.
12. Assignment.
    1. Originator may not assign this agreement or any of its rights or obligations hereunder without the prior written consent of Bank. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.
13. No Third Party Beneficiaries.
    1. The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party to this agreement.
14. Severability.
    1. If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in full force and effect.
15. Force Majeure.
    1. Bank will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. For purposes hereof, a “Force Majeure Event” means an unforeseeable event beyond the reasonable control of Bank, including but not limited to: an act of God; fire; flood; labour strike; sabotage; fiber or data-line cut; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder.
16. Waiver.
    1. Bank’s failure to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any of its rights hereunder.
17. Governing Law.

This agreement shall be governed by the laws of the People’s Republic of Bangladesh.

Terms and Conditions for One-time Password for Online Payment (“Service”)

Your use of the One-time Password (“OTP”) provided by Standard Chartered Bank (the “Bank”) is subject to the following Terms and Conditions (“T&C”). Please read the T&C carefully and make sure that you have understood it fully before using the Service.

In this T&C:

• “Card” means a credit or debit card issued by the Bank;
• “Credit Card Terms” means the agreement in force from time to time between you and the Bank which governs the terms of use of a Card in respect of which the Service is used;
• “we,” “us,” or “our” refers to (i) Standard Chartered Bank or its successors and assigns operating the service on behalf of Standard Chartered Bank;
• “you”, “your” or “yours” refers to the cardholder using the Service.

1. ACCEPTANCE OF TERMS
   1. The provision of the Service to you is subject to this T&C and the Credit Card Terms. We reserve the right to change the T&C from time to time. We will give you prior notice of these changes by posting a notice on our website or by such other means as we, acting reasonably, determine. You can review the currently applicable version of the T&C by returning to this page at any time. In addition, when using the Service, you shall be subject to any guidelines or rules applicable to the Service that may be posted from time to time at the Bank’s website.
   2. You agree that your continued use of the Service after you have been advised of revisions to this T&C either by notice on the Bank’s website or otherwise shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.
   3. You acknowledge and agree that the sending of any SMS by the Bank and/or its receipt by you may be delayed or prevented by factor(s) outside the Bank’s control.
   4. Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change the Service shall be subject to this T&C.
   5. The Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. AUTHENTICATION
   1. When engaging in an online transaction whereby the Service is required, an OTP will be sent to your mobile phone number via SMS. You must input the OTP in order to complete the applicable online payment transaction. The Service is only applicable to the Cardholder with a valid mobile phone number registered with the Bank. Registration for the Service is not required. If you are unable to provide your OTP, or if the authentication through the Service otherwise fails, the merchant may not accept your Card in payment for that transaction. You agree that the Bank shall not be liable in any way for any merchant’s refusal to accept your Card(s) for any payment, regardless of what the reasons may be.
   2. By using the Service you agree to the use of the Service to evidence your identity and the use of your Card(s) to make payment for transactions authorised using the Service (including for purposes of authorization of transactions authorized in advance to recur at substantially regular intervals).
3. SECURITY
   1. You agree to safeguard the confidentiality of your card number and other verification or personal assurance information established by you with the Service (“Security Data”). You agree not to transfer or sell your use of, or access to the Service to any third party. Save as set out in Section 3(d), if you let any other person use your Security Data or disclose your Security Data to another person, you will be liable for all claims, losses and consequences arising from or in connection with all transactions made using the Service by or with the consent of that person, and all activities that occur using your Security Data.
   2. If you have contributed to an unauthorised transaction, (for example by keeping a written record of your Security Data, failing to take reasonable steps to prevent disclosure of your Security Data to any other person, failing to take reasonable steps to observe any of your security duties referred to in this T&C, or delay in notifying us of an actual or possible disclosure to any other person of your Security Data) you may be liable for some or all of the losses resulting from the unauthorised transaction.
   3. You agree to immediately notify the Bank by contacting us as we require in the Credit Card Terms for a lost or stolen card or of any unauthorized use of the verification information, or any other breach of security.
   4. You are not liable under this T&C for loss caused by:
      1.  fraudulent or negligent conduct by our employees or agents, or parties involved in the provision of the Service;
      2. faults that occur in our systems, including the systems used to provide the Service, unless the faults are obvious or advised by a notice or message;
      3. unauthorised transactions occurring before you have established your Security Data; or
      4. any other transactions where it is clear that you could not have contributed to the loss.
4. YOUR CONDUCT
   1. impersonate any person or entity using the Service;
   2. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by the Service;
   3. spam or flood the Bank’s website or the Service;
   4. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service (including, without limitation, the website) or the software used in connection with the Service;
   5. remove any copyright, trademark, or other proprietary rights notices contained in the Service;
   6. “frame” or “mirror” any part of the Service (including, without limitation, the website) without the prior written authorization of the Bank;
   7. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service (including, without limitation, the website) or its contents;
   8. otherwise interfere with, or disrupt, the Service or servers or networks connected to the Service, or violate this T&C or any requirements, procedures, policies or regulations applicable to the Service or of any networks connected to the Service; or
   9. intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by the Bank (all of which shall constitute “Applicable Law”) in connection with your use of the Service.
5. OUR LIABILITY
   1. Nothing in this T&C shall operate as to exclude or restrict any liability, the exclusion or restriction of which is prohibited by Applicable Law.
   2. To the maximum extent permitted by Applicable Law:
      1. The Bank does not give any warranties or conditions (whether express, implied, statutory or otherwise) in relation to the Service, and the Bank excludes all implied warranties and conditions.
      2. You agree that the Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
      3. You agree and acknowledge that the Bank assumes no responsibility and shall not be liable in anyway whatsoever to you or to any third party for your use of the Service.
      4. You acknowledge and agree that, except as otherwise in the Credit Card Terms, the Bank shall not be liable for any loss or damage arising from your failure to comply with this T&C.
      5. Under no circumstances will the Bank be liable for any consequential, incidental, special or indirect losses or for loss of profit, business interruption or loss of business opportunities resulting from your use of the Service regardless of whether such damages arise in contract, tort (including negligence) or otherwise and regardless of whether we have been advised of, or are aware that such damages have been or may be incurred.
      6. Due to the nature of the Service, we will not be responsible for any loss of or damage to your data, software and computer, telecommunications or other equipment caused by you using the Service unless such loss or damage is directly and solely caused by our negligence or deliberate default.
      7. The Bank assumes no responsibility for, and will not be liable for, any damage to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of or downloading from the Services (including, without limitation, the website).
6. DEALINGS WITH MERCHANTS
   1. You understand that use of the Service does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant requires the OTP. For example, the Bank does not verify the identity of the merchant or endorse the quality of the merchant’s goods or services.
   2. The Service can only be used when shopping at participating online merchants.
   3. If there is any inconsistency between our internal records, and information relating to your Card(s) and related account(s) or your use of the Service, our internal records will prevail in the absence of evidence to the contrary.
7. AGE AND RESPONSIBILITY
   1. You represent that you are of sufficient legal age to use the Service and to create binding legal obligations for any liability you may incur as a result of the use of the Service. Except as otherwise provided by Applicable Law or in the Credit Card Terms, you understand that you are financially responsible for all uses of the Service by you and those authorized by you to use your Registration Data, your password or other verification information.
8. PROPERTY RIGHTS
   1. The Service is protected by copyright and other laws of the Land. The Bank and/or their suppliers retain all right, title, and interest in the Service and all content, information, websites, software, and other materials related thereto.
   2. Some of the names referenced in the Service are trademarks or registered trademarks. You agree not to use any trademarks referenced or any confusingly similar marks for any purpose without the express prior written consent of the owner of the mark in each instance.
9. We reserve the right to cease providing the Service:
   1. if the card account is closed
   2. upon the death or contractual incapacity of the Cardholder;
   3. in the event of improper operation of the card account by the Cardholder; or
   4. at its own discretion.
10. We reserve the right to begin charging a fee for such Service by giving 30 days prior notice to the Cardholder.
11. Suspension and Termination
    1. We reserve the right to at any time suspend the Service without notice where we consider necessary or advisable to do so, for example, to protect you when there is a suspected breach of security, or when we have reasonable grounds to suspect that your registration data is untrue, inaccurate, not current or incomplete or when we may need to suspend the Service for maintenance or other such reasons.
    2. We may terminate the Service or its use by you, after giving you sufficient notice and / or reason.