E-Banking Service Customers' terms and condition
This contract is signed between the commercial bank of Ethiopia (hereinafter called the bank) and Electronic bank services hereinafter called E-bank service, and the service user (hereinafter called the customer which includes genders of both female and male) in accordance with the following terms and conditions. The customer hereby acknowledge that he has read and understood the entire content of the contract. The customer furthermore acknowledges, in accordance with finance service users protection directive of the National Bank of Ethiopia, that he has receive full detail of Key Fact Statement (KFC) and that he was afforded sufficient time to read and understand this descriptions and that there was no any problem in understanding and that if there were any the bank employee has provided the necessary clarification. By signing this agreement including the terms and conditions, any principles or schedules included in reference in this contract (hereinafter called the contract), and by registering as service user and participating in the service the customer hereby acknowledge and confirm that he/she agreed unconditionally on the terms of this contract
Article one: Definitions
The parties hereto agrees on the following definitions of the words and phrases incorporated in this contract.
1. "Bank” means the commercial bank of Ethiopia established by Regulation No. 202/1987 of the Council of Ministers as amended by regulation No. 397/2009,
2. "Customer” means any natural person who matinees saving account at the bank and who use at list one of the E-bank services provide under this contract.
3. "E-bank Service” means banking services provided through the electric bank service system including transfer of funds from the account, withdrawal and deposit of funds, withdrawal of cash, payment of purchase of services or goods and which enables access information related with the bank account.
4. "Account Means” an account opened in the name of the customer or jointly with another person in accordance with fund deposit in agreement and which can be integrated with the E-bank service and that the customer agreed to have the service to integrate with some or all of the services provided under this contract.
5. "Mobile Banking” means a service whereby the customer access and use services by using a telephone number the customer provided and calling SSD cod *889# and entering password and where the customer manages money transfer and payments.
6. "Internet Banking” means a service available to the customer through the official web page of the bank which can be accessed through personal PC or other devices or systems which enables access to internet and whereby the customer may register and operate his/her account.
7. "Customer Account Number” means a 13-digit account identification number which can be access and operated through mobile banking or internet banking application.
8. "Card” means a card issued by bank or other banks and that the customer may use to withdraw from his account cash or conduct transactions using automatic teller machines and point of sale machines.
9. "Personal Identification Number (PIN)” means a 4- digit code known only to the customer and which identified the customer before using E-bank service.
2. Starting using E-bank service
2.1 In order to use E*bank service the customer shall: A. Ensures that he/she owns or processes a telecom service provider SIM card registered in his/her name and a mobile telephone set to access the mobile banking service. B. Ensure that he/she has furnished original and copies of the necessary documents, passport, kebele ID. C. Ensure that he/she has read and understood the terms and conditions of E-bank services
2.2 Without prejudice to the foregoing apparent or legal guardian of a miner may open E-bank service in the name of the parent or the guardian who shall take all responsibilities related with using service.
2.3 In the event the customer desires to register to or some of the above stated E-banking services, the customer shall have the right at any time to have access to other E-banking services effective from the above stated date by virtue of being registered for the services
3 Usage of E-bank services and service security
3.1 The customer may register of E-banking services by appearing at the branch of the bank and opening an account (if he/she does not have one) having his/her identification detail registered in the website of the bank contacting the banks, call center and requesting detail of usage of the service to commence using the service.
3.2 After the customer registered for E-banking services, the customer shall be provided with PIN which will be sent through SMs and the customer shall be required to assign personal PIN only known to him and not by any other person.
3.3 The customer may access E-banking services by logging in to the system and operate his/her account using his/her assigned PIN code. The customer hereby confirms such requirement under this contract and agrees to maintain the PIN code confidentially and to not disclose the PIN to any person including employee of the bank.
3.4 While using the service through his/her telephone set the customer is required to take all necessary precaution to insure that the telephone would not get in to the hands of other persons and to cover with his/her palm when entering the PIN.
3.5 The customer is advised not to maintain a written record of his/her PIN. In the event it becomes essential to maintain written record of the pin, such recording should be avoided from being maintained in a mobile phone.
3.6 In the event the customer assigns his/her personal PIN, the customer is advised to avoid using particulars known to other person such as date of birth, address, telephone or other information known to 3rd parties.
3.7 The customer shall take all responsibilities for any instruction concerning E-banking service related with an account, and the bank without being obliged to seek confirmation, shall consider every transaction started by entering the PIN Code, to have been made by the owner of the E-banking services owner and that the payments have been made by the customer.
4. Mutual agreement and terms of the parties
4.1 The bank shall have the right to accept, to execute and enforce service charges in accordance with the agreement in relation to financial operations that can be executed through E-banking services and operated using the customer's PIN.
4.2 The customer is responsible for assigning and using the personal PIN that will be used to log and use each e-banking service.
4.3 The bank is not required to request additional confirmation of the customer's account activity through PIN Code or the customer's account number after the account has been activated.
4.4 The amount of funds deposited through the bank's and the deposited account numbers shall be confirmed by the bank using the cameras installed on such machines, SMS confirmation message received by the customer and using the information received and recorded.
4.5 The customer is obliged to keep his PIN confidentially and is required to use the same prohibiting access by an unauthorized person. If The customer discloses the confidential identification information to 3rd parties and breaching such confidentiality shares and use such PIN numbers, the customer shall take all responsibilities to any damage caused as the result of financial transactions operated under such breach.
4.6 At any time, if the customer's PIN or customer identification number is discovered by an unauthorized person, the customer must inform the bank through the communication means provided under Article 5 and immediately take all necessary steps to change the PIN numbers.
4.7 If the customer becomes knowledgeable or convince that the e-banking service is in the hands of an unknown person, or if there is any suspicion in this regard, he/she must immediately report the case nearest branch of the bank by filling out the form prepared for this purpose or by calling the call center SSD 951 and answering the questions asked to verify his identity.
4.8 The customer is required to please instruction 15 days before the maturity date of payment payable to 3rd parties, the bank shall not take any responsibility for damage caused as the result of the customer's failure to issue such order in advance.
4.9 Inform the bank in writing of any change in the information previously provided by the customer regarding the e-banking service, including events when the telephone number is out of service due to being inactive or the customer obtained new mobile number or other changes related thereof.
4.10 When the customer withdraws cash using card, if the withdrawn amount is not paid for various reasons, the customer hereby agreed that the issue will be investigated and after which the customer will be refunded with equivalent amount. 4.11 In the event the amount intended for withdrawal is deducted but not paid to the customer while using cards other than the banks card or ATMs, the customer hereby agreed that the issue will be investigated and after which the customer will be refunded with equivalent amount. 4.12The bank reserves the right to limit or terminate any e-banking service at its own discretion for any reason. 4.13 The customer may terminate any E-banking service by notifying the bank under Article 5.
5. Notices
5.1 The bank shall notify the customer by communicating a message to the registered email address, by posting a notice on the branch bulletin board, by recording on the account statement, sending a short text message to the customer's phone, posting on the bank's official website and social media pages, or other appropriate means of communication.
5.2 Using the above notification methods, the bank may notify the customer of any information related to this contract through a short text message or using any reasonable notification method, the service charge rate, service charge change plans, the customer's bank account activities or the account and related information. Furthermore, upon revision of service charges, the customer shall be notified of the revision through the bank's website, the bank's social media channels, branches and service agents thirty consecutive days before the increase takes effect
6 Limitations of Liability
6.1 The bank shall not be responsible for any damages or losses incurred by the customer in connection with the e-banking service or this contract.
6.2 The customer is obliged to take full responsibility and compensate the bank for any damage or compensation due to the action taken by the bank following the order received through the notification methods set out in Article 5. actions for which the bank is not responsible include the following:
6.3.1 The bank shall not be held responsible for any loss or damage or disclosure of personal information caused by the customer as a result of the financial transaction using any e-banking service.
6.3.2 If the customer does not have sufficient fund in his/her account to make any financial transition or as a result of inactivation or blockade of the account.
6.3.3 In the event the customer failed to follow the required steps or procedures transfer money, payment of service charge or make financial transaction;
6.3.4 In the event the customer is unable to operate his accounts as a result of instruction from a court or other authorities to freeze the customer's account.
6.3.5 When the bank has reason to believe that the customer's account activities are contrary to the law or the principle of legality.
6.3.6 When the personal information of the customer is discovered by 3 rd parties, as a result of the customer's act of providing inaccurate or mistaken information.
6.3.7 In the events which are beyond the control of the bank such as network outages, power outages due to sudden natural and man-made disasters and force majeure conditions as provided under article 1793 of the civil code, the bank shall not be liable for delay or failure of service delivery.
6.3.8 The customer agrees to fully indemnify the bank for any damages caused to the bank in respect of the claims, costs and charges filed by the third party and the rights enforcement procedures carried out by anyone or any person against the bank as a result of a dispute between the customer and a third party related with the e-banking services. Such disputes shall be exclusively settled between the customer and the third party.
6.3.9 The bank will not be held responsible for any damage or loss caused to the customer in the course of the customer's use of the e-banking service and related to the device (mobile phone handset, computer, sales payment processing machine, etc.).
6.3.10 The bank will not be held responsible for any rejection of the customer's card for payment by third parties or if the card is retained by another bank or financial institution.
7. Conflict Resolution
7.1 The customer complaint handling offices of the bank's head office and the districts shall receive and properly address the complaints raised by customers in relation to the e-banking service in accordance with the bank's standard complaint handling guidelines. The customer may report the complaint in writing, by mailing it to the bank's regular email address, contacting the 951 call center or in person at the bank's customer complaint handling office. The Parties agree to resolve all disputes arising out of the Service through the Bank's formal dispute resolution process.
7.2 Upon receipt of the customer's complaint, the bank shall immediately provide the customer with confirmation of receipt of the complaint. After reviewing the complaint in spirit of fairness and reasonability, the bank shall provide the response to the customer as soon as possible and within ten working days of receiving the complaint.
7.3 In the event the customer's complaint fails to be addressed by the banks customer compliant handling process or if the customer disagrees with the outcome or determination of the bank customer's compliance review process, he/she may submit the complaint to the National Bank's Financial Service customers' handling department. The customer may file a case in the competent court, if he or she is dissatisfied with the response of the National Bank to the complaint.
8. Miscellaneous Agreements
8.1 The customer shall not transfer the rights and obligations of this contract.
8.2 Unless otherwise specified in this contract, this contract is a supplemental contract executed notwithstanding with all the previous contracts between the bank and the customer, including any internet, mobile banking, mobile money transfer contracts, card usage contracts, account balance and account operation signatories and all other actions taken with the customer's agreement.
8.3 The Bank may change, modify and replace the terms and conditions of this Agreement concerning the ebanking service. In such event, the bank is obliged to notify the customer of the changes at least thirty consecutive days in advance before the date the change takes effect and the customer's continued use of the service after receiving the notification and the expiration of the notification period shall be deemed the customer's acceptance of the changed terms of the contract.
8.4 In addition, it is agreed that the customer's information may be disclosed to the parties, authorized by law to access the customer's and account information, to the court of law or in light of public interest or to protect the bank's interest, to avoid, rectify and control fraud, to maintain the security of banking services and for any other tec hnical issues.
8.5 In the event of any inconsistency between the terms and conditions of this Agreement and the relevant Accounts opening terms and conditions, the account opening terms and conditions shall prevail. The parties hereto have read and understood the terms and conditions of the contract and confirmed by subscribing their signature that they agree to be bound by this contract.