“Client Administrator” Means one or more natural person(s) appointed by the Client who is responsible for authorizing designating Users and assigning authorization levels. The Bank will establish user IDs, initial passwords and issue security codes.
“Intellectual Property” Means computer code, patents, trademarks or other proprietary material related to the online banking service or the Bank which you may have the occasion to copy, download, read or print.
“Online Banking” Means our internet banking service and includes on-line real time access to Account information, transferring funds between Accounts, wire transfers and access to other electronic financial products and services authorized and/or provided by us.
“Transaction” Means any transaction as described in section 7 of this supplement.
“You”, ”Your” and “Client” Means each person who requests access to Online Banking or uses Online Banking
“We”, “Us”, “Our” and “Bank” Are references to EQIBank, Ltd.
2.1. These terms and conditions are supplemental to the terms and conditions of the master Account Agreement entered into between you and the Bank. These terms and conditions (and/or any amendments) will come into force and effect on the date they are accepted. If a Transaction is made on an Account, you are deemed to have received, read and understood these terms and conditions and to have agreed to be bound by such terms.
2.2. In the event of a conflict between this supplement and the master Account Agreement, the supplement shall prevail regarding your use of Online Banking and the master Account Agreement will prevail with respect to other matters.
2.3. Defined terms used herein but not defined shall have the same definition as in the master Account Agreement.
3. ACCEPTING THIS AGREEMENT
3.1.This Agreement governs your use of the Online Banking System, EQIOBS. By clicking “Accept” and using EQIOBS you signify that you agree to be bound by this Agreement as it may be amended from time to time. If you do not agree with all the terms and conditions of this Agreement, you may not use Online Banking.
3.2. Notification of any amendments to the terms and conditions provided on the home page of EQIOBS. It is the client’s responsibility to review the amendments to the terms and conditions on a periodic basis.
4. ONLINE SERVICES
4.1. Neither the course of conduct of the Client or Bank nor trade usage shall act to modify or alter any of these terms and conditions. The Bank reserves the right to change or modify at its absolute discretion the rules of operation, accessibility, security procedures and provisions, type and location of resources, administration, features and functionality of the online banking system.
4.2. The Bank makes no representations, warranties, conditions or other terms, express or implied, as to the performance, quality or fitness for purpose of the online services.
4.3. The Bank does not warrant that access to online banking will be error-free or uninterrupted or that the functions of the online banking will meet your needs and you acknowledge and agree that interruptions in access to the Banks computer systems may occur and that the Bank shall have no liability whatsoever in respect of any such interruption. If any such interruption occurs, the Bank shall, in so far as the interruption is within its control, use all reasonable efforts to restore such access as soon as is practicable.
4.4. You shall use the online banking services for your own purposes only and shall not make any part of it available for usage by any third party except in accordance with the Agreement.
5. INSTRUCTIONS AND NOTICES
5.1. When you transmit instructions to the Bank, approval and confirmation thereof will be displayed online and/or by email to you should any instruction be declined, notification thereof will be sent to you in the same manner as notification of a confirmation or an approval. Should you not receive an acceptance or rejection notice of an instruction within a reasonable time of having sent an instruction, then such instruction will lapse, and the Bank shall not be bound to consider such instruction, nor confirm, approve or reject it.
5.2. The Bank will use reasonable endeavors to effect an instruction or to amend or cancel any earlier instruction provided that such earlier instruction has not already been approved. The Bank shall not be liable whatsoever to the Client for any losses suffered or incurred by the Client in not amending or canceling an instruction.
6.1. The Client agrees that it shall keep secret and not disclose its Security Information to any third party except in accordance with the Agreement.
6.2. If the Client has reason to believe that its Security Information or any part thereof pertaining to its access to online banking is ever in the possession of any unauthorized third party, the Client shall immediately contact the Bank by telephone and request that all access codes be reset, and confirm such request in writing.
6.3. The Bank or any of its employees or affiliates shall have no liability whatsoever to the Client or any of its Affiliates for losses suffered by the Client in respect of any instruction transmitted as a result of the possession and/or usage of its Security Information.
6.4. If a Designated User has lost their password or security token they must notify their Bank Account representative immediately, so that a new password or security code can be issued. The Designated User will be allowed to attempt to enter online banking with the security codes 3 times. If the third attempt fails, the Designated User will not be allowed to log into the online banking application. In this case the Designated User must notify the Bank Account representative so that the security token value can be reset.
7. CLIENT ADMINISTRATORS
7.1. The Bank will provide the Client Administrator with a user ID, initial password and security code necessary to access the online banking service. The Client Administrator must change its password on the initial login. The Bank will assign a security code for each transaction.
7.2. The Client Administrator will be the person that the Bank contacts in the event of queries which the Bank may have from time to time. Any change of Client Administrator shall be immediately notified to the Bank. The Bank is entitled (but not bound) to take reasonable actions in respect of such queries or problems if the Bank is unable to contact the Client Administrator.
7.3. The Bank shall provide support by email at: email@example.com
8. ONLINE BANKING TRANSACTIONS
“Account Inquiry” – A Designated User has the ability to view all of their active Bank Accounts online and on a real-time basis (24/7).
“Wire Transfers” – A Designated User has the ability to initiate a wire (funds) transfer transaction online to an external party from their Accounts that have sufficient balances on a 24/7 basis.
“Internal Transfers” – A Designated User can initiate an internal transfer of funds online from or to any of their designated Accounts on a 24/7 basis.
“Fixed Deposits and Fixed Deposit Renewals” – A Designated User can request to establish online a fixed deposit Account or renew an existing fixed deposit Account. The interest rate will be established two business days prior to the start date of the deposit. The Bank will notify the Client of the interest rate.
“Foreign Exchange” – Transactions cannot be conducted online. Please contact your Account representative for information on how to process such trades.
9.1. If certain activities occur on an Account, the Client may request to receive Alert notices via secure email or internet email. The Client Administrator will inform the Bank which designated Users should receive the Alerts. Each individual designated user has to establish the limits for each Account for each Alert after their initial login.
9.2. You may request to receive an Alert notice with respect to the following: Current Accounts: Account Balance High Limit, Account Balance Low Limit, Large Transaction Amounts, and Large Credit Amounts.
9.3. Fixed deposit Accounts: Number of days to maturity and maturity of deposit today.
10. LIMITATIONS OF LIABILITY
10.1. The Client acknowledges and agrees that the Bank shall have no liability in relation to losses suffered or incurred by the Client in relation to the use of the online banking services as a result of any act or omission on the Banks part in fulfilling any part of this Agreement. The Client further agrees that the Bank will not be liable for indirect, special or consequential damages, even if it is advised of the possibility of such damages.
10.2. Without limitation to the foregoing, the Client acknowledges and agrees that access to online banking services including transmittal of instructions may be carried out by the usage of technology which varies in terms of reliability, and that the Bank is not liable for and breach of the Clients security, or any breach of the Banks security, whether such breach is committed by the Bank, the Client, or a third party.
10.3. The Client agrees to indemnify the Bank and any of its affiliates against all actions, claims, proceedings, suits and demands which may be brought against the Bank and any losses incurred or sustained by the Bank or an affiliate in properly performing its obligations or duties hereunder, specifically in relation to the Clients use of the online banking service and pursuant thereto, the Client authorizes the Bank to debit the Clients Account accordingly in respect of any claim for indemnification properly made by the Bank.
10.4. The Client alone is solely responsible for the expense, installation, upgrade and maintenance of all hardware, software and provision of telecommunications used to access the service.
11. INTELLECTUAL PROPERTY
The Client acknowledges that it does not own any copyright or other Intellectual Property rights in the service and is subject to the conditions of confidentiality specified in the master Account Agreement.
12. GOVERNING LAWS AND JURISDICTION
If the Client accesses the service from a country outside of the Commonwealth of Dominica, the Client shall be responsible for complying with the laws and regulations of that country.
The construction, validity, and performance of this Agreement will be governed by Commonwealth of Dominica Law and the Client irrevocably submits to the jurisdiction of the Courts of the Commonwealth of Dominica.