- 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 and company 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 latest of the same will prevail; and
- relates to (a) individual accounts in your sole name; (b) joint accounts but only if these may be operated by a single signing authority; and (c) business and corporate accounts (collectively "eligible accounts"). Account holders who do not have an eligible account for these purposes may nonetheless make account enquiries.
- By submitting the "I agree" button, for these terms and conditions at the time of login, you agree to be legally bound by the same.
- This agreement is subject to change from time to time and any changes will be notified to you online. By submitting the "I agree" button, for these revised clauses at the time of login, you agree to be legally bound by the same.
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 :
1.2.1 an account holder with Standard Chartered Bank, India and aged 18 or over; and
1.2.2 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 an initial password and you may then choose your own Password for the Service. These are your Security Codes and both will be used to identify you whenever you access the Service. If you are agreeing to the terms of this agreement jointly with others, we will give each of you a unique user identification code and an initial password and each of you may then choose your own individual Password. Both of you will be jointly and severally liable to us for all dues payable to us and/or in case of loss/ damage, whatsoever, caused/suffered to/by us due to use of any or all of the service.
Safeguarding your Password and Security Codes
3.3 In connection with your Security Codes:
3.3.1 you should change your Password regularly and may do so if 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. You must not disclose any details of your Password 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 your Password or any part of them are 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 our Phone Banking Centre Numbers (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. Any transaction done prior to such a notification and done within1 working day after giving such notice, shall be entirely at your risk and cost.:
3.4 USING DIGITAL SIGNATURE
You may opt to authorize (“Authorize”) Your Transactions on internet banking using Digital Signature Certificate (“DSC”) issued by a Certifying Authority under the Information Technology Act, 2000 (“Act”) by registering the DSC with Us subject to the following conditions:
(a) You are solely responsible for ensuring that You have a valid DSC at all times (including periodic renewal or updates thereof as may be required from time to time). We are not responsible for ensuring validity of Your DSC at the time of any Authorization.
(b)We may, on Banking Days and at such frequency as We may determine at Our sole discretion, check ‘Certificate Revocation Lists’ or other similar database made publicly available by Certifying Authorities, by whatever name called (“CRL”), in order to ascertain whether or not Your DSC is listedtherein. However, this shall not, and nor shall any of the terms under Clause (c) hereunder, release You from Your obligations as stated under Clause (a) hereinabove.
(c) If Your DSC is listed in any CRL, You agree that We shall decline any Authorization using Your DSC. You may be required to provide Us with such duly executed forms and supporting documentation as We may, at Our sole discretion, Notify in order to reinstate such Authorization.
(d) If Your DSC is misplaced, misappropriated, cancelled or otherwise required by You to be disregarded for the purpose of Authorization, You will be required to deregister the relevant DSC in the manner prescribed by Us. We will not acknowledge any deregistration request which is not compliant with the process prescribed by Us. Any Transactions Authorized through the relevant DSC prior to the effectiveness of the said deregistration shall be binding on You.
(e) Where you choose to Authorize your Transactions using your DSC, the definition of ‘Force Majeure’ (under the Standard Terms) shall include the inability to Authorize Your Transaction by reason of any interruption in the computer systems of, or connectivity to, Your Certifying Authority.
(f) You further acknowledge that, We may, where We reasonably believe that the system of the Certifying Authority has been compromised or Your DSC has been misappropriated or cancelled, decline any Authorisation using Your DSC, and You agree that We shall not be liable or responsible for any such action or omission.
Checking your statements
3.5 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 our Phone Banking Centre Numbers (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
3.6 You must not allow anyone else to operate the Service on your behalf.
3.7 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.
3.8 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.
3.9 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.
3.10 We will not be liable in any manner whatsoever due to unauthorised usage and for all purposes any usage will be construed as a proper and authenticated usage.
4. YOUR AUTHORITY TO US TO CARRY OUT INSTRUCTIONS
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, but not obliged, 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 4.2).
Your liability for unauthorised instructions
4.2 You will be liable for any or all misuse of your Password by someone to give unauthorised instructions purporting to come from you except in case of wilful or negligent act on our part. Further it is your responsibility to ensure:
4.2.1 that all the security procedures described in sections 3.1 to 3.3.4 inclusive and 3.5 to 3.8 inclusive have been faithfully observed; and
4.2.2 You will be held liable for all losses due to unauthorised use if you have acted fraudulently or with negligence or if you are in default of any of the security obligations described in sections 3.1 to 3.3.4 inclusive and 3.5 to 3.8 inclusive or the notification requirements of section 3.3.5.
4.3 You 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:
4.3.1 such instruction is given after you have notified us that you have discovered or suspect that your Password is known to someone else in accordance with section 3.3.5; or
4.3.2 your Password has become known to the person giving the unauthorised instruction as a result of our failure to comply with clause 8.1 or any negligence or wilful default on our part.
Acting on your instructions
4.4 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:
4.4.1 it is your responsibility to make sure that no unauthorised overdrafts are created; and
4.4.2 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.
4.5 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 or any other account that you hold with us. Once you have given an instruction through the Service, you will not be able to reverse it. We will be under no obligation:
4.5.1 to reverse an instruction you have given; or
4.5.2 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.
4.6 You hereby confirm and acknowledge that payments through electronic transfer of funds are subject to Sec.40A (3) of the Income Tax Act, 1961.
4.7 We may, when we believe we are justified in doing so:
4.7.1 refuse to carry out an instruction given via the Service; or
4.7.2 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.
4.8 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.
4.9 The bank shall endeavour to provide to you through the electronic banking service, (but will not give any commitment on its part) services such as balance enquiry, transaction details, statement of accounts, funds transfer, bill payments, requests for issuance of cheque book and demand drafts, stop payment instructions as well as opening of new deposit accounts and such other facilities as the bank may decide to provide form time to time. These facilities may be offered in a phased manner at the discretion of the Bank.
4.9.1 The Bank shall endeavour to effect fund transfer and payment transactions received through the service provided there are sufficient funds available in your account. The Bank will not be liable for any omission to make any of these payments or for late payments due to circumstances beyond the reasonable control of the Bank,
4.9.2 The Bank may choose to offer existing or added services through any of its group companies or a third party with whom the Bank has entered into an agreement for the same. It will be Bank's aim to protect your interest in all such arrangements and agreements.
4.9.3 For all the services, products and facilities offered through the service,
- Standard terms, conditions of the Bank and / or RBI rules apply
- All loans and deposits are at the sole discretion of the Bank
- All rates, tariffs, and charges are subject to change at the sole discretion of the Bank
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 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.
5.4 All of you will be jointly and severally liable to us for all dues payable to us and / or in case of loss / damage, whatsoever, caused / suffered to / by us due to use of any or all of the service.
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. We will in no way be liable in case of such termination / end of service and / or for any loss caused / suffered in this regard.
7. 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 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 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 India, 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. EXTENT OF LIABILITY FOR 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 / not making the Service available to you or as a result of loss of service 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 4.2 and 4.3 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 failure (except where such failure should have been prevented by the risks control and arrangement measures had we adopted such measures in accordance with clause 8.1), industrial dispute or other circumstances beyond our control that leads either to the Service being totally or partially unavailable or to instructions given via the Service not being acted upon promptly or at all; and
8.2.4 you relying on any financial information provided as part, or by means, of the Service; and
8.2.5 any misuse of Your System 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 wilful default).
8.2.7 loss / distortion of data during transmission, any loss / delay due to circumstances beyond our control.
8.2.8 unavailability of Service during normal operating hours as covered under point 6.
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 wilful 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 our Phone Banking Centre Numbers or inform us in any other way we notify you about from time to time.
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.
8.5 You are aware of the risks, responsibilities and liabilities involved in Internet / Electronic Banking and have after due consideration requested us to offer you the Electronic / Internet Banking Services
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). Any transaction / liability incurred by you prior to such cancellation shall be paid / reimbursed by you.
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.
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
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 India (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 India (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).
14.3.2 The personal details that you have given to us most recently through the service or any other way are deemed to be bonafide and the bank has the right to communicate with you based on these details that you have furnished. 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 and any notice/communication sent to such address shall be deemed to be proper service of the same for all purpose. It is your duty to update and keep us informed of any changes in your personal details/address.
15. SERVICE QUALITY: RECORDING YOUR CALLS AND INSTRUCTIONS
15.1 To protect both our customers and our staff, and to help resolve any disputes between you and us, you acknowledge that:
15.1.1 we will record all telephone conversations between us and customers of the Service; and
15.1.2 we will keep a record of all instructions given by customers via the Service; and
15.1.3 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 Bank Group or any other advertisement as we deem fit, 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
The laws of India govern this agreement. Both parties agree to submit to the jurisdiction of the Indian 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.
Any dispute arising between the parties hereto in connection with the validity, interpretation or implementation of this agreement shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any other amendments thereto or any enactments in substitution thereof. The venue of arbitration shall be Mumbai.
19. 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:
Business day means any day except a Saturday, Sunday or public holiday in India. Otherwise defined as any day on which banks are open for transaction of business in India.
Password means the Electronic Banking personal identification number or secret number chosen by you (or if you do not elect to change it, the initial secret number given to you) that is used to confirm your identity whenever you use the Service.
Security Codes means the user identification code together with the Password details agreed between you and us that are used to identify you whenever you use the Service.
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 transaction 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 helpdesks 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, a company incorporated in England and Wales with limited liability by Royal Charter 1853, under reference ZC18 and whose Registered Office is situated in England at 1 Basinghall Avenue, London, EC2V 5DD, and having a branch office in India inter alia at 23-25 MG Road, Mumbai, India 400 001.
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. Terms and Conditions for Transfers between NRI Accounts:
By agreeing to be bound by the terms of this agreement, you undertake that the transfers initiated by you between your own Non Resident Indian (NRI) accounts or from your NRI account to a third party NRI account would be in accordance with the requirements of Foreign Exchange Management Act, 1999 and all subsequent rules, regulations, notifications, directions, amendments or orders made there-under. As per the declaration under Section 10 (5) of FEMA 1999, you agree to abide by and be bound by all foreign exchange transactions as may be entrusted by you to the Bank from time to time do not involve and are not designed for the purpose of any contravention or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification, direction or order made there-under. You also agree to undertake to give such information/documents as will reasonably satisfy the Bank about the transaction in terms of the above declaration. You also understand that if you refuse to comply with any such requirement or make only unsatisfactory compliant therewith the Bank shall, if it has reason to believe that any contravention/evasion is contemplated by you report the matter to RBI. You also agree to be aware that relying upon your this declaration, the Bank may not insist upon your giving specific declaration-cum-undertakings in case of each such transaction. You also undertake to strictly operate and use the account/deposit and the said banking facilities in accordance with the Exchange Control Regulations as laid down by Reserve Bank of India (RBI) or any other authority from time to time. You also undertake that the funds transfers initiated by you between your own NRI accounts or to/from a third party NRI/Resident account and any debits / credits on those accounts would only be transactions permitted by the FEMA 1999 and all subsequent rules, regulations, notifications, directions, amendments or orders made there-under more so those noted as noted below.You undertake that:
(a) Transfer intended from your Non Resident External (NRE) Account to credit your own Non Resident Ordinary (NRO) Account or a third party NRO Account is strictly in the nature of one of the following:
- (i) Legitimate dues in India of the holder of the account to be credited by the transfer.
- (ii) All your local payments/disbursements in rupees including payments for investments subject to compliance with the relevant regulations made by the Reserve Bank.
(b) Transfer intended from your NRE Account to credit your own NRE Account or a third party NRE Account is strictly in the nature of one of the following:
- (i) Legitimate transfers from other NRE / FCNR account
- (ii) Interest on Government securities and dividend on units of mutual funds, provided the securities / units were purchased by debit to the account holder's NRE / FCNR account or out of inward remittance through normal banking channels.
- (iii) Maturity proceeds of Government securities including National Plan / Savings Certificates as well as proceeds of Government securities and units of mutual funds sold on a recognised stock exchange in India and sale proceeds of units received from mutual funds, provided the securities / units were originally purchased by debit to the account holders's NRE / FCNR account.
- (iv) Transfer towards Investment in shares / securities / commercial paper of an Indian company or for purchase of immovable property in India provided such investment / purchase is covered by the regulations made, or the general / special permission granted, by the Reserve Bank.
- (v) Any other transaction if covered under general or special permission granted by the Reserve Bank.
(c) Transfer intended from your NRO/Resident Account to credit your own NRO Account or a third party NRO/Resident account is strictly in the nature of the following:
- (i) Legitimate dues in India of the holder of the account to be credited by the transfer. This includes current income like rent, dividend, pension, interest, etc.
- (ii) All your local payments/disbursements in rupees including payments for investments subject to compliance with the relevant regulations made by the Reserve Bank.
- (iii) Transfer of sale proceeds of assets including immovable property acquired out of rupee / foreign currency funds or by way of legacy / inheritance.
21. Terms and Conditions for Direct Tax Payment
By availing this facility, I/ we confirm that Bank, can register me/ us for this service and I/ we hereby authorize the Bank to remit my/ our direct tax dues from my/ our account to the relevant account of the direct tax authorities and to electronically submit the details provided by me to the offices of CBEC. Upon completion of the remittance of the direct tax dues to the direct tax authorities and the electronic submission of the necessary details to the offices of CBEC, the Bank shall thereafter have no obligation whatsoever. I/ we also acknowledge that this service is being provided by the Bank on a best effort basis and I/ we will not hold the Bank responsible for any consequences.
1. I/ we agree that:
- (a) The Bank reserves the right to decide which services to offer me/us pursuant to this application, and it shall be entitled to modify, cancel this service from time to time, and shall endeavor to inform me/ us of such modifications or cancellation.
- (b) Applications need to be submitted to the Bank at least 4 working days prior to tax payment due date to ensure timely processing.
- (c) The Bank shall process the application during banking hours on working days, even if the Bank receives the application after or before banking hours or on a day, which is a bank holiday.
- (d) I/ we shall not attempt to remit the direct tax dues without sufficient funds in the indicated account or without a pre-existing arrangement with the Bank for the grant of an overdraft. The Bank is entitled to decline processing of this application in the event that the funds available for remittance in the indicated account are insufficient to cover the amount directed for payment of my/ our direct tax dues, and may also decline processing of the application if I/ we do not comply with any of the terms and conditions by the Bank.
- (e) Post receipt of the application the Bank will debit the account forthwith towards tax payment and there may be a lag of 1 or 2 working days between debit to account and actual payment to correspondent bank due to internal process checks.
- (f) The Bank does not guarantee any transactions carried out pursuant to this application, in any manner whatsoever.
- (g) The Bank shall not be liable to me/ us for any loss or damage whatsoever or howsoever caused, arising directly or Direct / Indirectly in connection with this service, including, without limitation, any:
- (i)Loss of data;
- (ii)Interruption or stoppage to my/ our access to and/ or use of this service;arising out of the performance of this service or otherwise (other than as caused by the Bank's gross negligence or willful default).
- (h) The Bank's sole obligation and my/ our sole and exclusive remedy in the event of interruption of this service or loss of use and/ or access to the payment mechanism of the correspondent bank, shall be for the Bank to use all reasonable endeavors to restore the service and/ or access to the payment mechanism of the correspondent bank as soon as reasonably possible.
- (i)any shortfall in payment of my/ our direct tax dues; or
- (ii)any breach of the terms and conditions contained herein. In no event will the Bank or I/ we assume any liability for any incidental, consequential or special damages.
- (i) The Bank bears no responsibility for any shortfall in payment due from me/ us on account of our direct tax liabilities and all such liabilities are solely on my/ our account.
- (j) The Bank bears no responsibility for any excess payments being remitted to the direct tax authorities on account of my/ our instructions.
- (k) In case the application is rejected prior to tax payment on account of discrepancy in the application, bank will attempt to reverse the debit to customer's account, however there could be a delay of 1 or 2 working days from the date of debit as per internal process checks
- (l) I/ we shall indemnify the Bank and hold the Bank harmless and keep the Bank at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the Bank on a solicitor / attorney and own client basis), awards, damages, losses and/or expenses however arising directly or Direct / Indirectly as a result of:
- (m) The Bank may, at its discretion, from time to time impose maximum and minimum limits of funds that may be transferred by virtue of the payment instructions given by me/ us. I/ we shall be bound by such limits and shall comply with them strictly.
2. Nothing in this application and no part of the service shall be deemed to constitute an agreement on the part of the Bank for the grant of an overdraft or any other form of credit facility by the Bank to me/ us with respect to the amount sought to be remitted pursuant to the application. In the event of any incidental, temporary overdraft or drawing in excess of any sanctioned limit I/ we hereby agree and undertake to liquidate the overdraft as agreed with the Bank and pay such additional interest on the excess as advised by the Bank.
I/ we hereby agree that if I/ we fail to liquidate the abovementioned overdraft, the day following the day after it occurs, the Bank shall, notwithstanding anything contained to the contrary in the other documents that may have been executed between me/ us and the Bank for any purpose whatsoever or any other understanding or in any law, have the right to set off and appropriate the liability against or out of any other accounts/ funds belonging to me/ us, including any further amount directed to be remitted to direct tax authorities by me/ us pursuant to a subsequent application.
3. Any and all changes in the instructions contained in this application shall be communicated by me/ us to the Bank in the manner stipulated by the Bank, along with all appropriate authorizations.
4. I/ we certify that all information provided in the challan is true, accurate, current and complete and constitutes all necessary information as required to be set out in the said Form. The Bank shall not bear any responsibility for any inaccurate or incomplete information provided by me/ us, which may lead to a payment being wrongly made. The Bank does not have any obligation whatsoever to independently verify any of the information provided to the Bank by me/ us in relation to this application.
5. The Bank has made no express or implied warranty with respect to the service provided pursuant to this application, including, without limitation, any warranties of error free performance, non-infringement of third party rights and/ or fitness for any particular purpose.
6. This application and all matters relating to this service shall be governed and construed in accordance with the laws of India and I/ we hereby agree that that any matter or issues arising hereunder or any dispute hereunder shall be subject to the jurisdiction of the Courts of the city of Mumbai in India.
7. The Bank reserves the right, but shall not be obliged, to make changes, and enhancement and/ or modifications to the service from time to time including without limitation the development of updates and/ or procurement of new software.
8. If any of the terms and conditions contained herein above is held to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and each of such terms and conditions shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable term or condition shall be replaced with a term or condition which is valid and enforceable and most nearly reflects the original intent of the unenforceable term or condition.
9. The Bank shall not be liable for any failure to perform any of its obligations pursuant to this application if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. The Bank shall promptly inform me/ us of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution. "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Bank, including, without limitation, unavailability of any communication system, breach or virus in the processes or the payment and delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, trojan horses, worms, logic software, other bombs or other similar programs or routines affecting the services, computer crashes, etc.
10. The provision of this service is not transferable under any circumstance and shall be used only by me/ us, for the payment of my/ our direct tax dues. I/ we are not entitled to assign our rights under this application to any other person. The Bank may subcontract and employ agents to carry out any of its obligations pursuant to this application