| | Home>Banking & Investment>Opening An Account | |  |  | | | 1. | General Conditions | | | | 1.1 | Definition | | | "Bank" is any branch, sub-branch, cash office or unit of Citibank, N.A in Indonesia. | | | "Citibank Debit Card (Card)" is a card issued and owned by Citibank N.A in the form of ATM (Automatic Teller Machine) that is linked to Customer Saving/Current Account and a Debit Card, which can be used for retail purchase transaction which source of fund is coming from the selected Customer Rupiah Saving/Current Account. | | | "Citishare" is institution appointed by Bank for managing Citibank Debit Card access to ATM Network."Citishare" adalah institusi yang ditunjuk oleh Bank untuk melakukan pengelolaan akses Kartu Debit Citibank ke Jaringan ATM. | | | "Data" is true and complete information or identity provided by Customer which conforms to the supporting document and/or upon Bank's request. | | | "Working Day" is a day other than Saturday, Sunday or national holiday or other than a day in which Bank Indonesia does not perform clearing activities. | | | "Instruction" is instruction from Customer to Bank in writing,oral, direct face to face, Manual Instruction or through Communication Media. | | | "ATM Network" is Citibank ATM Network and/or Non- Citibank ATM Network. | | | "Citibank ATM Network" is ATM Network owned by Bank either located in Indonesia or outside the territory of Indonesia. | | | "Non-Citibank ATM Network" is ATM Network either located in Indonesia or outside the territory of Indonesia in which Bank is registered as its members. | | | "Statement" is transaction detail of account activities during a certain period of time given by Bank as information to Customer. | | | "Communication Media" is telecommunication facility and infrastructure used by the Bank to support banking transaction including but not limited to internet, cellular phone, or other communication media. | | | "Customer" is person or legal entity using Bank services, including heir(s), attorney(s)/proxies, receiver(s), administrator or other party authorized by the prevailing laws and regulation. | | | "Telecommunication Network Operator" is a person or entity providing service for telecommunication access. | | | "Bank Indonesia Regulation" is regulation issued by Bank Indonesia in relation to banking activities which shall be observed by Customer and Bank from time to time. | | | "Personal Identification Number or PIN" is personal identification number which consist of a set of characters obtained from Bank or upon Customer's request which is confidential and personal in nature. PIN is a valid identity of Customer used for doing banking services. | | | "Account" is account of any kind among other but not limited to checking account, savings, deposit or certain account related to a particular product opened at Bank or through Bank as a Selling Agent upon Customers' request. | | | "Terms and Conditions" is terms and conditions for account opening and operation including its amendment, addition and/or its superseding terms and conditions in the future. | | | "User Terminal" is computer, electronic, communication or other technology used by Customer to perform banking transaction provided by Bank | | | 1.2 | Data | | | | 1.2.1 | Customer shall show the valid, complete and updated document of any Data required and requested by Bank. | | | 1.2.2 | Customer shall notify and furnish Bank should there be any change of Data. Such change shall only be effective only if it is received and/or agreed by Bank. | | | 1.2.3 | Bank shall not be responsible for any consequences caused by Customer's failure to up date Customer's Data to Bank. | | | 1.2.4 | Bank and Customer shall be subjected to a certain procedure stipulated by Bank in re-checking or verifying an instruction. | | | | 1.3 | Account | | | | | 1.3.1 | Account opening shall be effective only if agreed by Bank. | | | 1.3.2 | Before opening Account, Customer shall submit a written application to Bank or any other form of application as determined by Bank. | | | 1.3.3 | Operation and activities of Account. | | | | | a. | Operation of Account by Customer which is legal entity is carried out by its representative(s) pursuant to its articles of association or power of attorney. | | | b. | Bank shall be entitled but not obligated to check identity or other Data with information in the Bank's record. | | | c. | Bank shall be entitled to obtain customers' acknowledgement through Communication Media in case of alteration in customer's Instruction given to Bank. | | | d. | Bank shall be entitled to reject for honoring a transaction based on compliance to the prevailing laws and regulations or other reasons without obligation to notify reason for the rejection. | | | e. | Bank shall be entitled to assess whether the signature of Customer written on the check, giro, transfer application slip, other giral or instruction slip have been conformed to the specimen of signature kept by Bank. In the event that based on the result of conforming process by Bank, Bank deems that such signature is conformed to the specimen of signature of Customer but later turns to be fake or being denied by Customer, Customer shall release Bank from any suit or other legal claim in relation to the assessment of Bank on the said signature. | | | f. | If in the opinion of Bank honoring of an instruction may cause other liabilities to Bank, Customer shall be liable to indemnify Bank for such liabilities. | | | g. | If within the period of 6 (six) consecutive months (or other period of time as determined by Bank) there is no transaction or the whereabouts of Customer is not known then Account shall be changed to non-active Account and Bank shall be entitled to close such Account. Bank shall be entitled to reject and/or to honor transaction on the said Account. | | | h. | Bank may block or temporarily stop services on Account based on the prevailing laws and regulation. | | | i. | Customer hereby grants a full authority and right to Bank to block Account in the event that there is a suspicion from Bank that there might have been occurred forgery or fraud or other events which may cause losses to Bank and/or Customer. | | | j. | In the event that Account is blocked by Bank or police or district attorney or attachment is levied thereon by police or district attorney or court and/or other authorities, Customer hereby releases Bank from any claim or suit related to any consequences arising from such blocking or attachment such as honouring and/or dishonouring the check, giro or transfer instruction issued or given by Customer for the benefit of the third party. | | | | 1.3.4 | Closure/Cancellation of Account | | | | | a. | An Account may be closed/cancelled by Bank based on: | | | | | i. | Compliance to the prevailing laws and regulations ; or | | | ii. | Violation of Customer on the drawing of check or giro; or | | | iii. | If balance of Account for 2 (two) consecutive months 0 (zero). | | | | b. | An Account may be also closed/cancelled at any time at Bank or Customer's discretion without notifying reason therefore. If the closure/cancellation of Account is done by Bank, Bank shall serve a notice letter within 70 calendar days. | | | c. | In the event Account is closed/cancelled: | | | | | i. | Customer shall pay expenses due to Bank and shall return check and giro books to Bank. | | | ii. | Bank shall not be responsible for payment of check, giro orother with-drawal request submitted to Bank after Account isclosed/cancelled. | | | iii. | This Terms and Conditions shall be valid until all claims and/or other obligations owed by Customer to Bank are fully paid. | | | iv. | Bank shall transfer the balance of funds available in Account to Customer or Customer itself may take the said balance of funds from the Bank. | | | | | 1.3.5. | Joint Account | | | | | a. | Customer may open Account for which two or more persons shall be entitled to manage the said Account ("Joint Account"). | | | b. | Where Customer opens a joint account, a customer which name appear as the first name is the Primary Account Holder, where other customer(s) is (are) Joint Account Holders. | | | c. | Customer acknowledges the risk arising from the opening of the Joint Account. The Account holder of Joint Account shall be jointly and severally responsible for any liabilities arising from the management of the said Joint Account. | | | d. | If one of holder of Joint Account is deceased, is declared bankrupt or is put under guardianship, then the Joint Account shall be managed by other accountholder (s) of Joint Account together with the heir(s) of the deceased or receiver of the Joint Account holder who is declared bankrupt or put under guardianship. As long as Bank does not receive satisfactory evidence regarding the declaration of heirs or bankruptcy (including appointment of a receiver) or a guardianship of the said Joint Account holder, Bank shall be entitled to maintain the Joint Account in a status quo. Accordingly Bank shall be entitled to reject any withdrawal of funds from the said Joint Account | | | | 1.3.6. | Check/Giro | | | | | a. | Upon a written request or otherwise as determined by Bank, Customer may request cheque or bilyet giro book. | | | b. | Customer shall be responsible for withdrawal of cheque/bilyet giro including for cheque/bilyet giro book issued by Bank. | | c. | Customer shall be responsible for providing sufficient fund in the account for the amount of the nominal value of cheque/bilyet giro withdrawn and still in circulation. Bank shall not be responsible for bouncing cheque/bilyet giro due to the fund insufficiency in the Account of Customer. | | | d. | Customer shall not make withdrawal of any bounced cheque/bilyet giro for any reason whatsoever. | | | e. | Bank shall be entitled to impose sanction of freezing the right of using cheque/bilyet giro, and/or to report to relevant authority for having his/her identity to be included in National Black List (DHN), if: | | | | | i. | Customer makes withdrawal of bounced cheque/bilyet giro which meets DHN's criteria as follows: | | | | - Making withdrawal of 3 (three) different bounced cheques/bilyet giros or more with a nominal value respectively below Rp.500.000.000,- (five hundred million Rupiah) at the same Drawee Bank in the period of 6 (six) months; or
- Making withdrawal of 1 (one) bounced cheque/bilyet giro with the nominal value of Rp.500.000.000,- (five hundred million rupiah) or more;
| | | ii. | Or if Customer's name has been included in DHN based on report from other bank. Inclusion of Customer's identity in DHN shall be valid for 1 (one) year since the issuance date of DHN by the related institution. In addition to the above, Bank shall also be entitled to determine and to include Customer's identity who meets DHN's criteria in Bank's Individual Black List (DHIB) | | | | f. | Customer shall be obliged to return the remaining forms (book) of Cheque/bilyet giro to Bank if: | | | | | i. | The right of using of Cheque/bilyet giro is being frozen; | | | ii. | Customer's identity is included in DHN, or | | | iii. | Account is closed upon Customer's request or based on Bank's Internal policy. | | | | g. | Customer shall be obliged to report the fulfillment of obligation of settling the bounced Cheque/bilyet giro withdrawal which settlement fulfillment thereof must be done within 7 (seven) working days after the bouncing date. | | | h. | Bank shall be entitled to close down Customer's account if Customer still makes withdrawal of bounced Cheque/bilyet giro during Customer's name is still being included in DHN. | | | i. | In the event Account is closed and there is Cheque/bilyet giro still in circulation, then: | | | | - Bank shall be entitled to open a Special Account in the name of Customer to settle payment obligation upon Cheque/bilyet giro which is still in circulation; and
- Customer shall be obliged to provide sufficient fund in such Special Account to meet payment obligation upon Cheque/bilyet giro which is still in circulation. The Special Account shall be closed down by Bank with a written notice once Customer has complied with all payment obligation upon cheque/bilyet giro which is still in circulation.
| | | j. | Customer must comply with all terms and conditions provided in relation to Cheque/bilyet giro including but not limited to signing, paying of stamp duty and withdrawing of Cheque/bilyet giro. | | | k. | Customer shall release Bank from all responsibilities and legal claims may be arising out from bouncing cheque/ bilyet giro drawn by Customer or due to the misuse of Cheque/bilyet giro by Customer. | | | l. | For individual checking account, especially for Joint Account: | | | | - All customers as owners of Joint Account shall be obliged to provide written statement to Bank stating Customer's name who is/are authorized to signCheque/bilyet giro. Customer(s) who is/are authorized to sign such Cheque/bilyet giro may be determined to be either jointly or severally between/among the owners of Joint Account.
- Bank shall be entitled to take actions as meant in point (e) above, if one of or all Customers who own(s) Joint Account make(s) withdrawal of bounced Cheque/bilyet giro which meets DHN's criteria upon Joint Account, or if the name(s) of one of or all Customers owning Joint Account is/are included in DHN. The freezing of right to use Cheque/bilyet giro shall be imposed upon all Joint Account and/or other Individual Account registered in Customer's name who makes withdrawal 12 of the bounced Cheque/bilyet giro meeting DHN's criteria or whose name is included in DHN.
- All legal consequence and responsibility arising out from withdrawal of the bounced Cheque/bilyet giro on Joint Account meeting DHN's criteria shall be several and/or joint responsibility of all Customers owning Joint Account.
| | | m. | Customer must obey laws and regulations applicable from time to time regarding cheque/bilyet giro. | | | | | 1.4. | Deposit | | | | | 1.4.1 | Deposit in cash may be made either in Rupiah currency or other currency which may be accepted by Bank. If necessary deposit in other currency than Rupiah shall be made after Bank converts it by using applicable conversion rate of the currency at the time of the conversion. | | | 1.4.2 | Deposit made by Customer by using clearing instrument shall be effective after the said funds duly received by Bank. | | | 1.4.3 | Bank berhak mendebit Rekening dengan sejumlah uang senilai dengan nilai warkat kliring yang karena sesuatu hal tidak dibayarkan oleh bank penarik. Jika nilai uang tersebut adalah dalam mata uang selain Rupiah, maka Bank akan menggunakan nilai tukar pada tanggal Bank melakukan pendebitan Rekening.Bank shall be entitled to debit Account with certain amount of funds equal to the amount of the clearing instrument which is due to any reason is not paid by the drawing bank. If the amount of money is in currency other than Rupiah Bank shall use exchange rate on the date Bank debit the Account. | | | 1.4.4 | Customer shall be responsible for the genuineness, ownership and source of funds or clearing instrument submitted to Bank. | | | | 1.5. | Transfer/Withdrawal of Funds | | | | | 1.5.1 | Transfer and drawing of funds on Account shall be made in accordance with the procedures as determined by Bank. | | | 1.5.2 | Transfer / Drawing of Funds can be done thru Services provided by the Bank including but not limited to Transfer / Drawing of Funds from Bank, ATM, SMS Banking, Mobile Banking, Internet Banking and Phone Banking. | | | 1.5.3 | In the event of Transfer / Withdrawal of Funds in different currency from the designated / owned account, Bank have the right to do conversion by using applicable conversion rate of the currency at the time of the conversion. Customer shall be aware and understand currency fluctuation risk involved which may occur during conversion. | | | 1.5.4 | Collection of clearing instrument or payment of the transferred funds shall be subjected to laws and regulations of the country in which the clearance instrument to be collected or payment shall be made including restriction applicable thereto. | | | | 1.6. | Statement | | | | | 1.6.1 | Bank shall issue and send to Customer a statement every month (or other period as determined by Bank) via postal service or other Communications Media, if requested by Customer and approved by Bank | | | 1.6.2 | At the latest 20 (twenty) calendar days from the date of the issuance of the statement, Customer shall notify Bank if there is any incorrect. By passing of the above period, Customer shall be deemed to have accepted and agreed the contents of the Statement. | | | 1.6.3 | Each Statement shall be sent to Customer at the address of Primary Account Holder | | | 1.6.4 | Bank shall not be responsible if Statement is received by unauthorized person/party. | | | | 1.7. | Specimen of Signature | | | | Customer shall give specimen of signature of Customer and any of its changes. | | | 1.8. | Expenses | | | | 1.8.1 | Customer authorizes the Bank to debit Customer's Account for paying any amount of money owed in form of charges, cost, fee, interest, penalty and taxes payable by Customer in relation to the product or banking services. | | | 1.8.2 | Bank shall require the Customer to pay monthly service fees if Customer does not maintain average minimum balance for all Accounts. Bank shall be entitled to determine average minimum balance and/or the abovementioned fee. | | | 1.8.3 | In addition to the interests, charges and fees which Bank may charge in connection with Customer account(s), Customer agree to pay such other interests, charges and fees at such rates and amounts and on such basis as Bank may at Bank sole discretion determine from time to time without notice to Customer in connection with the issuance and/ or use of Customer Citibank debit card. | | | 1.8.4 | All Fees referred above shall not be refundable. Bank may debit the amount of all fees, charges, taxes and other amounts which shall be paid by Customer in connection with theseTerms and Conditions from Customer's Account. | | | | 1.9. | Payment | | | | | 1.8.1 | Customer shall pay all service charges payable by Customer to Bank on the date as determined by Bank together with the accruing interest as from the date maturity until its payment or its discharge. | | | 1.8.2 | In the event the payment is made not on working day or out of the business hours of Bank, the said payment shall be processed on the next Working Day | | | | 1.10. | Tax | | | | Customer shall be responsible to pay all and each tax imposed by the government of Republic of Indonesia on this banking services. | | | 1.11. | Agent | | | | Bank shall be entitled to appoint and to use the services of the agent, sub-agent and correspondent in executing Instruction. | | | | | 2. | Banking Product | | | | 2.1. | Upon Bank's approval and subject to the terms and conditions | | | determined by Bank, Customer may use and take benefit from various banking services provided by Bank. | | | Definition | | | 2.2. | Bank may give interest on account balance with the interest rate and tenure as determined determined by Bank. The interest rate and/or tenure may be changed by the Bank from time to time. | | | 2.3. | Withdrawal of funds on time deposit either partially or wholly before the maturity date may only be made with Bank's approval and under the terms and conditions determined by Bank. | | | 2.4. | As long as the time deposit is being secured by Customer for an obligation or discharge of payment or liabilities to Bank, time deposit can not be withdrawn or assigned, transferred or secured in any form whatsoever to other person/ party. | | | | 3. | Services | | | | 3.1 | CitiPhone Banking | | | | 3.1.1. | Any information or suggestion in related with all Citibank products, Customer can contact (021) 252-9999 for Citibanking and (021) 5296- 2929 for Citigold, or dial 69999 direct from your mobile phone (nationalwide, without area code). | | | 3.1.2. | In case the CUSTOMER submits complaint or objection in writing, it shall be furnished with photocopy of identity and other supporting document as per the prevailing regulation. In case the CUSTOMER submits complaint or objection verbally, then Citibank will settle the same within 2 (two) business days. However, if the verbal complaint or objection is not settled within period above, Citibank will request the relevant CUSTOMER of his authorized proxy to submit complaint or objection in writing to Citibank furnished with supporting document thereof. Written complaint will be settled within not later than 20 (twenty) business days after receipt date of written complaint and can be extended for 20 (twenty) business days by written notification to the CUSTOMER or his authorized proxy. | | | 3.1.3. | Bank shall give PIN to Customer so that Customer may use Citiphone Banking services. | | | 3.1.4. | Customer shall be responsible for the usage and confidentiality of PIN. | | | 3.1.5. | Bank shall be entitled to re-examine or to perform verification on Customer before Customer uses Citiphone Banking services based on the procedure as determined by Bank from time to time. | | | 3.1.6. | Customer hereby agrees that transaction shall be processed in accordance with the time limit determined by Bank. | | | 3.1.7. | Customer hereby permits Bank to record or to document Customer's conversation with Bank through this services. | | | | 3.2 | Statement Dispatch Services Through Facsimile | | | | | 3.2.1. | Customer upon Bank's approval may request Bank to dispatchStatement through facsimile. For such purpose, Customer shall sign a statement letter or other means in accordance with the procedure as determined by Bank. | | | 3.2.2. | Customer shall be responsible for risk arising from the dispatch of Statement through facsimile. | | | | 3.3 | Citibank Debit Card Features | | | | | 3.3.1. | Each owner of the Banking Account shall automatically be granted a Citibank Debit Card. | | | 3.3.2. | Customer can use Citibank Debit Card for the following purposes: | | | | | a. | To conduct banking transaction through ATM such as cash withdrawal, banking balance information, in house transfer, payment, etc and/or | | | b. | As retail purchase transaction in merchants, and/or | | | c. | Such other purpose as may be specified by Bank and communicated to Customer from time to time. | | | | 3.3.3. | Customer may obtain Citibank Debit Card by requesting to the Citibank Office or Bank will send Citibank Debit Card to Customer by regular mail service. In relation to the mail delivery, Bank is not liable for any loss that Customer may suffer if Customer fails to receive the Citibank Debit Card, which was being sent to the Customer registered address listed in the Bank database. | | | 3.3.4. | The Citibank Debit Card is not transferable and should only be used by the person whose name is embossed on the Citibank Debit Card. | | | 3.3.5. | Customer must immediately sign the Citibank Debit Card upon receipt. | | | 3.3.6. | If Customer does not agree to any provision stated in the Citibank Debit Card Terms and Conditions, Customer must not sign, retain or use the Citibank Debit Card, and shall return the card cut in half to theBank immediately. Customer is deemed to have accepted and agreed to these Terms and Conditions if Customer signed, retained or used the Citibank Debit Card. | | | 3.3.7. | Citibank Debit Card will remain as Bank's property at all times and Customer must immediately surrender it to the Bank upon Bank's request or if Customer no longer requires the service. | | | 3.3.8. | Customer shall take full responsibility for all transactions executed with Customer Citibank Debit Card (whether with or without Customer knowledge or authority). Bank may debit Customer Account(s) against any withdrawal or transfer or retail purchase in accordance with Bank's transactions record. | | | 3.3.9 | Customer will fully indemnify Bank and hold Bank harmless against any loss, damage, liability, cost and expense (including legal costs on a full indemnity basis) which may incur or suffer as a result of or in connection with any use or attempt to use Customer Citibank debit card and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing: | | | | | a. | Customer has breached any obligations under related Terms and Conditions; | | | b. | The actual or attempted enforcement or protection of any of Bank rights and remedies against Customer; and/or | | | c. | Any changes in any law, regulation or official directive, effecting Citibank, Debit Card and/or these Terms and Conditions. | | | | 3.3.10 | Customer accepts Monthly Statement as conclusive and binding for all purposes, but nothing herein shall preclude Bank from correcting any error or omission made in Bank record from time to time. | | | 3.3.11 | The use of Customer Citibank Debit Card shall immediately cease if all Accounts are closed for nay reason whatsoever. | | | 3.3.12 | Bank may at any time without notice withdraw, restrict, suspend or modify this Citibank Debit Card service at Bank's discretion and Bank is not responsible for any loss or damage suffered by Customer as a result of such suspension or termination. | | | 3.3.13 | If the use of Customer Citibank Debit Card is terminated for any reason whatsoever (including request by Customer), Customer must return the Citibank debit card to the Bank. | | | 3.3.14 | Upon the expiry of the card, Bank may issue a replacement for Citibank Debit Card under such Terms and Conditions as stipulated by Bank. | | | 3.3.15 | Notwithstanding any other terms and condition of these Terms and conditions, Bank are not liable to Customer for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in anyway may be suffered or incurred by Customer or by any other person in respect of or in connection with the use or attempted use any function of Customer Citibank Debit Card and/or these Terms and Conditions (whether in Indonesia or elsewhere), including, without prejudice to the generality of the foregoing, any repossession of the Citibank Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM Network; any damage or loss of the Citibank Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank Debit Card howsoever caused. | | | 3.3.16 | Without prejudice to the generality of the foregoing, Bank may: | | | | | a. | Impose daily limit of such amount as Bank may determine from time to time with prior notice to Customer on the maximum aggregate amount that can be withdrawn or transferred from the Account(s) using the Citibank Debit Card deemed by applied terms ; and | | | b. | Determine an expiry date on the Citibank Debit Card (without any obligation to Customer part to renew the Citibank Debit Card when expired). | | | | 3.3.17 | Notwithstanding the terms and conditions provided by this Terms and Condition of Account Opening and Operation, Customer shall also be subject to the Term and Condition of Citibank Debit Card as stipulated in the Debit Card guidebook | | | | 3.4 | Automated Teller Machine Services (ATM) | | | | | 3.4.1. | Bank provides 24 hours ATM (Automated Teller Machine) Network to Customer to do banking transaction using Citibank Debit Card. | | | 3.4.2. | Citibank Debit Card could be used in ATM Network in Indonesia and overseas. | | | 3.4.3 | Customer can use 24 hours ATM Network except during routine maintenance, banknote replenishment or during the event beyond the Bank's control, that may cause temporary service disruption to 24 hours ATM Network. | | | 3.4.4 | In the event Citibank Debit Card is used through ATM Network outside Indonesia: | | | | | a. | Customer shall be subject to the prevailing laws and regulation in the said country; | | | b. | Transaction shall use exchange rate as determined by Bank or institution managing the ATM Network. | | | c. | In the case of customer carry out foreign exchange transaction in ATM Network outside Indonesia. Customer shall understand and be responsible of the foreign exchange rate fluctuation in connection with the transaction; | | | d. | Transaction shall be subject to restriction applicable at the country where the ATM Network is located. | | | | 3.4.5 | In order to activate the ATM function of Citibank Debit Card, Customer shall create ATM PIN in Citibank Branch Office or else Bank could issue an ATM-PIN to Customer which will be sent to Customer's registered address by regular mail service at Customer sole risk. | | | 3.4.6 | Customer must ensure the his/her Citibank Debit Card is always safe and secure in his/her possession and Customer shall take all steps and precaution to prevent any forgery, fraud, loss or theft in respect of or in relation to his/her Citibank Debit Card and the ATM-PIN by not revealing ATM-PIN to other parties, and take reasonable efforts to protect the information when using the Citibank Debit Card at ATM machine. | | | 3.4.7 | In the event that Customer's ATM-PIN is revealed to or found by any other parties, Customer shall immediately change Customer's ATM-PIN. Customer may change Customer ATMPIN from time to time, and Bank shall be entitled to reject any number selected by Customer to substitute ATM-PIN with certain reason. Bank is entitled in its own discretion to change or deactivate the use of ATM-PIN at any time without providing any reason or prior notice. | | | 3.4.8 | In its sole discretion, Bank may issue a replacement of ATMPIN to Customer under such Terms and Conditions as regulated by Bank. | | | 3.4.9 | Customer shall take full responsibility for all banking transactions executed by Customer using the Customer ATMPIN (whether with or without Customer knowledge or authority). Bank may debit Customer Account(s) against any withdrawal or transfer or retail purchase in accordance with Bank's transactions records. | | | | 3.5 | Manual Instruction Services | | | | | 3.5.1. | If Customer requests or instructs Bank to perform fund transfer or other banking instructor through letter, facsimile, courier, or other person/party without the present of customer (such instruction hereinafter called "Manual Instruction") and the said Manual Instruction is approved by Bank, Customer realizes and shall be responsible for the risk which may arise in relation to the execution of the said Manual Instruction by Bank. | | | 3.5.2 | In relation to the services, Bank shall be entitled to do one or more the following acts: | | | | | a. | Bank shall be entitled but not obligated to confirm or perform reverification through telephone on the Manual Instruction to Customer or other party appointed by Customer using the data available with the Bank | | | b. | Customer shall be fully responsible for any misused of the data of Customer and Customer shall release Bank from any legal claim arising there from. | | | c. | Bank shall be entitled to, but shall not be obligated to record telephone conversation between Bank and Customer; | | | d. | If verification can not be performed, Bank shall be entitled not to honor Manual Instruction. | | | | | 3.6 | Citibank Online® Services | | | | | 3.6.1. | Citibank Online Services shall be given only to Customer upon Bank's approval through Communication Media. | | | 3.6.2 | Customer shall be responsible for all liabilities and risks arising from transaction done through Citibank Online Services. | | | 3.6.3 | Customer acknowledges that any access to Citibank Online depends on User Terminal and Telecommunication Network Operator. | | | 3.6.4 | Customer understands that Citibank Online shall be available 24 hours for Customer, except during maintenance routine or during the period which beyond the bank's control so that 24 hours Citibank Online services may temporarily cease. | | | | | 4. | Miscellaneous | | | | 4.1 | Amendment of the Terms and Conditions | | | | 4.1.1. | Bank shall be entitled to amend, add and/or to change ("Amendment) terms and conditions which are incorporated in this Terms and Conditions. For such purpose, Bank shall notify the said Amendment by making it available at the branches of Bank, sending it to Customer and/or make it available in Communication Media. | | | 4.1.2 | Unless otherwise it is specially stipulated in the Amendment, the Amendment shall be effective as from the Amendment is stipulated. Customer agrees to be bound by the said Amendment. If Customer does not agree to the said Amendment Customer shall immediately close Account and settle all its obligation to Bank. | | | | 4.2 | Notice | | | Any notice or communication to Customer may be served through postal service to the latest address of Customer registered at Bank or through Communication Media. | | | 4.3 | Limited Liabilities | | | | | 4.3.1. | All and each obligation of payment arising from Account shall be paid only in the offices of Bank in Indonesia and shall be subjected to the prevailing laws and regulation of the Republic of Indonesia (including any regulation, policy, instruction or decree of the Government of Republic of Indonesia). | | | 4.3.2 | Funds available in Account shall not be insured by Federal Deposits Insurance Corporation (FIDC) of United State of America or other insurance company. | | | 4.3.3 | Funds in the account is included in the guarantee program by Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan / LPS) as per term & condition by Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan / LPS). | | | 4.3.4 | Bank shall be entitled to correct any error and Customer hereby releases Bank from any suit or claim on the correction of such fault. | | | 4.3.5 | Bank shall only be responsible for direct loss caused by the fault of Bank. | | | 4.3.6 | Bank shall not be responsible for the failure of banking services due to fault or negligence of agent, sub-agent or correspondent appointed by Bank, the force majeur or event beyond the power of Customer and Bank. | | | | 4.4 | Funds and Power of Attorney from Customer | | | | | 4.4.1. | Customer shall provide funds for fulfillment of its obligations at least 1 (one) Working Day before the maturity date. | | | 4.4.2 | Customer hereby grants an irrevocable power of attorney to Bank to debit and use funds in Account to pay any Customer's liabilities to Bank which are payable and due including irrevocable power of attorney to debit a sum of money from Account due to an error in crediting Account. | | | 4.4.3 | In relation to execution of the power of attorney provided in this Terms and Conditions, Customer hereby waives provision of Article 1813 and Article 1816 of Civil Code. | | | | 4.5 | Bank Secrecy | | | | | 4.5.1 | Bank shall keep all Customer's Data confidential, except if it is requested by person/ certain party authorized by the prevailing laws and regulations. | | | 4.5.2 | Customer hereby agrees that Bank gives information regarding Customer Data or transaction done by Customer from time to time to head office of Bank, branch of Bank outside the country, affiliate of Bank or authorized institution/ has authority over Bank either in Indonesia or outside Indonesia. | | | 4.5.3 | Bank shall be entitled to appoint person or other party to do or to support a banking activities provided that the said person or party shall keep the secrecy of Customer's Data from time to time. | | | 4.5.4 | Bank shall be entitled to include Customer's Data in Bank's internal marketing list. In the event Customer no longer wishes to receive offering of products/ services provided by Bank, Customer can contact 24-hour CitiPhone Banking to submit a request for exclusion from the above provision. | | | 4.5.5 | In the event that police, district attorney or court or other authorities possessing data related to Account and for the purpose of investigation and/or examination of the case by such authorities requires confirmation regarding such data from Bank, Customer hereby gives approval to Bank to give such confirmation as required by the said authorities. | | | | 4.6 | Prevailing Laws | | | | | 4.6.1 | Any banking transaction don e by Customer shall be processed based on the prevailing laws and regulations in the Republic of Indonesia. | | | 4.6.2 | The laws of the Republic of Indonesia shall govern this Terms and Conditions. | | | 4.6.3 | Customer and Bank hereby choose permanent and legal domicile at the office of the Registrar of the District Court having jurisdiction over the Bank where Account located. | | | 4.6.4 | Customer shall observe the laws and regulations related to banking product and services provided by Bank especially, but not limited to law regarding Money Laundry Crime as stipulated in the Law number 15 year 2002, as amended by law number 25 year 2003 together with Bank Indonesia Regulation and other implement regulation. | | | | | | |
