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.
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.
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.
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.
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.
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.
SERVICE SOFTWARE AND HARDWARE
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.
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.
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.
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).
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.