User Agreement
Please read
carefully the Internet Banking User Agreement below.
1.
This Agreement Covers
This Agreement between you and AfrAsia Bank Limited, ("Bank"),
governs the use of Internet Banking, an electronic service that permits AfrAsia
Bank Limited customers to access account information and financial services
through the use of personal computers. In this Agreement, the words
"you" and "your" refer to the undersigned account holder(s)
and its authorized signatories. This Agreement and your use of Internet Banking
are subject to AfrAsia Bank Limited’s General Terms and Conditions.
2.
Account Access / Security Procedures
You must designate the account(s) to be accessed through Internet Banking. In
order to link different customer identification numbers, you must be a
signatory of these accounts. You acknowledge by signing this Agreement that you
have reviewed the security procedures protecting your accounts, and agree that
those procedures are commercially fair and reasonable. We have established
operating rules and security procedures for you to conduct on-line transactions
on your account(s), to which rules and procedures you agree by your use of this
Internet Banking service. Access to Internet Banking is by means of your
username and a password unique to you. You must use your Access Procedure
correctly to use the system. You acknowledge that use of an access password may
permit access to your account(s) without further challenge or authentication.
You agree that:
(a)
we are authorized to process any instructions we received under your
Access Procedure;
(b)
these procedures are commercially reasonable;
(c)
they afford reasonable protection against unauthorized use; and
(d)
use of your Access Procedure in connection with transactions on your
account(s) gives rise to the conclusive presumption that such use is
authorized.
You are solely responsible for
securing and maintaining the confidentiality of your Access Procedure. This
responsibility may not be waived by any Bank employee, agent or representative.
You are liable for any claims, losses and/or damages arising from the use of
your Access Procedure, whether authorized or unauthorized. You agree to notify
us immediately if you believe your Access Procedure has been compromised or if
your account(s) has been, or may be, accessed by an unauthorized person. In all
events, you shall be obligated to review promptly all activity in the
account(s) and promptly, in no event exceeding fourteen days (sixty days for
transfers on the accounts of individual customers) of the Bank’s issuance of an
advice or statement reflecting such activity, notify us of unauthorized access.
If you fail to so notify us, we shall be relieved of all liability for activity
by an unauthorized person.
3.
Applying for Additional Accounts and Services
If you apply for an account or service through Internet Banking, or ask to
change an account or service you already use, you authorize AfrAsia Bank
Limited to treat your application or request as if it had been made in writing
and signed by you.
4.
What Internet Banking Will Cost
Internet Banking access is currently free of monthly charges. All other
services offered by the Bank remain at their current pricing. All telephone
charges incurred in connecting to Internet Banking are your responsibility.
5.
Changes in Services / Terms / Fees
AfrAsia Bank Limited may change the Internet Banking services and the terms,
including fees, set forth in this Agreement at any time. You will be notified
of any such change as required by applicable laws. You understand that by using
Internet Banking after a change becomes effective, you have agreed to it.
6.
Cancellation
You may cancel this Agreement at any time by written notification to AfrAsia
Bank Limited. AfrAsia Bank Limited may
cancel this Agreement and terminate your use of Internet Banking for any
reason, at any time.
7. Confidentiality at AfrAsia
Bank Limited
You have a right to confidentiality and financial privacy to which the bank is
totally committed
8.
Limit of Liability
AfrAsia Bank Limited agrees to make
reasonable efforts to ensure full performance of Internet Banking. The Bank will be responsible for acting only on
those instructions sent through Internet Banking which are actually received.
AfrAsia Bank Limited does not assume responsibility for mal-functions in
communications facilities not under its control that may affect the accuracy or
timeliness of messages you send. AfrAsia Bank Limited is not responsible for
any losses or delays in transmission of instructions arising or caused by any
browser software. AfrAsia Bank Limited is not responsible should you give
incorrect instructions or if your payment instructions are not given
sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from
AfrAsia Bank Limited is believed to be reliable. However, it can only be
provided on a best-effort basis for your convenience and is not
guaranteed. AfrAsia Bank Limited is not
liable for any deficiencies in the accuracy, completeness, availability or
timeliness of such information or for any investment or other decision made
using this information.
AfrAsia Bank Limited is not
responsible for system disruption caused by any virus-related problems.
9.
Customer Service / Help
desk
If you need technical assistance with
Internet Banking, or if you need to communicate with AfrAsia Bank Limited,
telephone Customer Service at (230) 208-5500 or write to:
AfrAsia
Bank Limited
Bowen Square
10, Dr. Ferriere street
PORT LOUIS
10. Electronic Messages
Because normal Internet e-mail transmissions may not be secure, you agree to
contact us electronically only through Internet Banking. You also agree to
receive communications regarding your account electronically and will not
attempt to circumvent receiving any messages. You are deemed to have received
any electronic messages sent to you when they are made available to you.
11. Security
Access to Internet Banking is by means of a password unique to you. You must
use your password correctly to enter the system. You agree that we are
authorized to process any instructions we receive under your password, and that
these procedures are commercially reasonable. You agree to notify us
immediately if you believe your password has been compromised or if you believe
your account(s) has been, or may be, accessed by an unauthorized party(ies).
12. Account Transfers and Bill
Payments
When you instruct AfrAsia Bank Limited to transfer funds between your AfrAsia
Bank Limited accounts or pay a bill through Internet Banking, you authorize
AfrAsia Bank Limited to withdraw the necessary funds from the AfrAsia Bank
Limited account you designated. You agree that you will instruct AfrAsia Bank
Limited to make a withdrawal only when a sufficient balance is or will be
available in your designated account at the time of withdrawal. AfrAsia Bank Limited will not be obligated to
act on any withdrawal instruction from you if sufficient funds, including
overdraft lines of credit, are not available in the account you designated.
AfrAsia Bank Limited processes bill
payments in two ways. Certain payments are made with an individual AfrAsia Bank
Limited cheque. All bank cheques are sent through the mail. The other method of
processing payments is through electronic funds transfer.
In the case of payments made by
cheque, the money will be taken out of your account on the date you specified
when you gave us instructions. Generally, we mail the cheque on the next
business day. However, if you specify a date which falls on a Saturday, Sunday
or holiday, we will take the money out of your account on the next business
day, but will not mail the cheque until the following business day.
In the case of electronic payments,
the money is taken out of your account on the day we act upon your
instructions. In most cases, this is the payment date you specified. Payment is
effected the following morning. However, if you specify a date which falls on a
Saturday, Sunday or holiday, we will take the money out of your account on the
next business day, but will not process the payment until the following
business day.
You may call AfrAsia Bank Limited at
the number listed in paragraph 9 of this Agreement to confirm that a bill
payment was sent. All bill payments receive a reference number that appears on
your monthly statement. AfrAsia Bank Limited is not responsible for postal or
processing delays by the payee.
Indemnification
Subject to any
responsibilities implied by law and which cannot be excluded, you agree to indemnify and hold harmless AfrAsia Bank Limited, its
officers, directors, employees and agents and all third party suppliers, from
and against any and all liabilities, damages, awards, settlements, losses,
claims and expenses, including reasonable attorney’s fees and expenses and
costs of investigation (collectively, "Damages") resulting from third
party claims to the extent such claims, if brought by you directly against
AfrAsia Bank Limited, would be excluded pursuant to paragraph 8 of this
agreement.
13. Severability
In the event any one or more of the provisions of this Agreement shall for any
reason be held to be invalid, illegal or unenforceable, the remaining provisions
shall remain valid and enforceable.
14. Notices
Notices to the Bank shall be in writing and sent to the address in paragraph 9
above.
15. Governing Law
This Agreement shall be governed by the Banking Act 2004 and other applicable
laws of Mauritius and funds transfer rules.