Account Opening and Operation

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Account Opening and Operation

This document constitutes as Terms and Conditions for account opening and operation and is applicable to any account opened by Customer at any branch of Citibank, N.A. in Indonesia and for any product and service available for Customer.


I. GENERAL CONDITIONS

1.1 Definition

“Bank” is any branch, sub-branch, cash office or unit of Citibank, N.A. in Indonesia.

“Data” is true and complete information or identity provided by Customer which conforms to the supporting document and/or upon Bank’s request.

“Electronic Statement (E-Statement)” is an account statement in electronic format which will be sent directly to Customer’s e-mail as registered in Bank record.

“Working Day” is a day other than Saturday, Sunday or national holiday or other than a day in which Bank Indonesia does not have clearing activities.

“Instruction” is instruction from Customer given to Bank in writing, verbal, face to face interaction, 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 member.

“Citibank Debit Card” is a card issued and owned by Citibank, N.A. in the form of ATM (Automated Teller Machine) card that is linked to Customer Saving/Current Account and as a Debit Card which can be used for retail purchase transaction with the selected Customer Rupiah Saving/Current Account as the source of fund.

“Statement” is details of the transaction on account activity during a certain period of time provided by Bank as information to Customer.

“Communication Media” is a telecommunication facility and infrastructure that is used to support banking transaction including, but not limited to, internet, cellular phone, and other communication media.

“Customer” is person that uses Bank services, including heirs, attorneys/proxies, curators, administrators or other authorized parties in accordance with the prevailing laws and regulations.

“Telecommunication Network Operator” is any individual or entity providing service for telecommunication access.

“Bank Indonesia Regulation” is regulation issued by Bank Indonesia in relation to banking activities which shall be adhered by Customer and Bank from time to time.

“Personal Identification Number or PIN” is personal identification number which consists of a set of numbers and/or characters obtained from Bank or upon Customer’s request that is confidential and private in nature.
PIN is a valid identity of Customer, used to perform banking transaction.

“Account” is account of any kind among other, but not limited to, current account, savings, deposit or certain account related to a particular product opened at Bank or through Bank as a Selling Agent upon Customer’s request.

“Joint Account” is an account for which two or more persons shall be entitled to manage the Account.

“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.

“SMS Alert” is a service to report account transactions through SMS to Customer’s cell-phone number based on Bank’s record. If Customer wishes to stop this service, then Customer may contact 24-Hour CitiPhone Banking.


I.2 Data

I.2.1

Customer shall give a valid, complete, and updated document of any Data required and requested by Bank.

I.2.2

Customer shall notify and inform Bank should there any change of Data. Such changes are only valid if it has been approved and/or agreed by Bank.

I.2.3

Bank shall not be responsible for any consequence caused by Customer’s failure to update Customer’s Data to Bank.

I.2.4

Bank and Customer shall be subjected to a certain procedure stipulated by Bank in re-checking or verifying an Instruction.


I.3 Account

I.3.1

To open an account, Customer shall submit a written application to Bank, or any other form of application as determined by Bank.

Account opening shall be effective only and if agreed by Bank.

I.3.2

Bank may give interest on account balance with interest rate as determined by Bank. The interest rate may be changed by the Bank from time to time, in accordance with Bank policies.

I.3.3

Operation and Account Activity

  • Account operational performed by legal entity shall be conducted by its authorized representative according to its valid article of association or his/her attorney in fact.
  • Bank shall be entitled to check identity of other Data based on information in the Bank’s records.
  • Bank shall be entitled to ask confirmation through Communication Media in case alteration in Customer’s instruction given to the Bank.
  • Bank shall be entitled to refuse to perform a transaction based on compliance to the prevailing laws and regulation or for any other reasons without obliged to notify the reason for the disapproval, except if the reason was related to the Debtor Information System (“SID”) of Bank Indonesia.
  • Bank shall be entitled to assess whether the signature of Customer written on the check, giro, transfer application slip, or other giral or instruction slip is conformed to the signature specimen kept by Bank. In the event that Customer denies the originality of the signature, Customer shall release Bank from any suit or legal claim, in relation to Bank’s assessment on the said signature.
  • If in the opinion of Bank, performing an in instruction from the Customer will lead to other liabilities to Bank, Customer shall be liable and indemnify Bank from such liabilities.
I.3.4

Inactive Account

On the Bank’s own policies, the Bank reserves the right to change the status of the Active Account to the inactive Account (Dormant), with the following conditions:

  • An Active Account status will be changed to inactive Account (“Dormant”) if there is no activity on the account banking transactions performed by the Customer, with the following timeline:
    • If within six (6) consecutive months or 180 calendar days.
    • Other period of time set by the Bank.
  • As long as the status of the Account is Dormant, Customer may not debit the account transactions, including cash withdrawals, clearing, transfers and other debit transactions, which are conducted by the Customer through the branches and/or banking services, with the exception of the following transactions:
    • Debiting the account for administrative costs,
    • Interest payments;
    • Tax on interest payments;
    • Charging of stamp duty for a current account;
    • Debiting account through clearing and teller conducted by a third party (the party receiving the payments from the Customer) to Rupiah Account.
  • All credit transactions conducted through branches and banking services as well as those transactions mentioned in paragraph I.3.4.b of this article will not change the Account status to Active Account.
  • On the Dormant Account Status, Bank reserves the right to impose administrative costs which will be charged on the Account in an amount determined at the discretion of the Bank.
  • To reactivate the Dormant Accounts, Customer must report to the nearest Bank branch or call CitiPhone Banking for the activation of Dormant Account or with other mechanism approved by the Bank. Especially for customers who have a Joint Account, the activation of Dormant Account shall be made jointly by the Customer.
I.3.5

Closure of Account

  • An Account may be closed by Bank based on:
    • Compliance to the prevailing laws and regulations; or
    • Customer violation of the check or giro withdrawal; or
    • If a balance of an Account for 2 (two) consecutive months is 0 (zero); or
    • If Customer’s Account has become inactive (Dormant) for 6 (six) consecutive months or 180 (one hundred and eighty) calendar days.
  • An account can also be closed at any time by Customer’s discretion without notifying the reason or by Bank and Bank shall give a notification letter within 70 (seventy) days calendar days upon closure of such account.
  • In the event the Account is closed:
    • Customer shall pay expenses payable to Bank and shall return check and giro books to Bank.
    • Bank shall not be responsible for payment of check, giro or other withdrawal request submitted to Bank after the Account is closed.
    • This Terms and Conditions shall be valid until all claims and/or other obligations owed by Customer to Bank are fully paid.
    • If there is still remaining funds after the closure of the Account, the remaining funds in the closure account (if any) remains the property of the Customer and the Bank will return the remaining funds to the Customer’s other available accounts that still exist in the Bank or to the sundry account (if the Customer does not have other accounts at the Bank) after deducting closing posts and other charges imposed to the account, as well as taking into account all amounts wed by the Customer to the Bank. Unless governed otherwise by the Bank, the withdrawal of the remaining funds in the closure account which has been credited to the sundry account referred to in this paragraph may only be conducted with special media specified by the Bank.
    • The remaining funds in the sundry account which referred to in the above paragraph I.3.5.c.iv that has not/is not withdrawn by the Customer will not gain any interest/payment of interest or compensation whatsoever, but without reducing Bank’s right to charge an administration fee for the remaining funds in the sundry account, so it is with the Bank’s policy that if within a period of 30 (thirty) years from the closing of the Account, the Customer apparently do not do the retrieval, withdrawal or settlement of the remaining funds in the sundry account or if for any reason the bank cannot/not allowed to deliver the remaining funds in the account that was closed to the Customer, the Bank shall deliver these funds to the state in accordance with the provisions of the applicable legislation and the Customer therefore waive his right to the remaining funds in such closed Account.
  • If for any reason the Customer cannot afford or is not allowed to perform/execute rights and authority over the Account, the Bank reserves the right to close the Account and based on satisfactory and acceptable evidence to the Bank and to the provisions of applicable law, the Customer or their heirs and beneficiaries as well as the successors of its rights and obligations will receive the rights and obligations of the Account and the remaining funds in the Account after deducted for any Customer’s obligations owed to the Bank, and Customer and/or heirs or its successor hereby indemnify the Bank from all of its responsibilities with respect to the closing of such Account.
I.3.6

Blocking Account

  • Bank has the right to block an Account or to discontinue its banking services for temporary period of time based on the prevailing rules/regulations and/or legislations.
  • Customer hereby fully authorize and empower the Bank to perform account blocking in the event of suspicion of forgery or fraud or other events that could result in detrimental to the Bank and/or Customer.
  • In the event of Account blocking by Bank or the police or prosecutor, or seizure by the courts and other institutions that have the authorities in accordance with the applicable regulations to the Bank, the Customer hereby releases the Bank from any claims relating to the circumstances which occurs as a result of such account being blocked or seizure of such including: granting and/or rejection of incoming funds transfer or check or giro transfer orders issued or Customer for the benefit of third parties.
  • During the blocked account status, Customer cannot perform any transactions debiting or crediting, with the exception of related transactions below:
    • Interest payments;
    • Tax on interest payments;
    • Charging of stamp duty for a checking account.
  • In relation with the blocking of the Account, the Customer should contact Citibank to settle the blocked Account.
I.3.7

Joint Account

  • In the event Customer opens a Joint Account, the customer whose name is listed as the first name is the Primary Account holder, where the other Customer(s) is (are) Joint Account holders.
  • Customer acknowledges the risk arising as a result of the opening of the Joint Account. The Account holders of Joint Account shall be jointly and severally responsible for any liabilities arising from the management of the said Joint Account.
  • If one of the holders of Joint Account is deceased, declared bankrupt or is put under guardianship, then the Joint Account shall be managed by other account holder(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 evidentiary of heirs or bankruptcy (including appointment of a curator) 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.
I.3.8

Cheque/GIRO

  • Customer, upon a written request or otherwise as determined by Bank, may request cheque or bilyet giro book.
  • Customer shall be responsible for withdrawal of cheque/bilyet giro, including for cheque/bilyet giro book issued by Bank.
  • Customer shall be responsible for providing sufficient funding on the Account for the minimum amount of cheque/bilyet giro withdrawn and still in circulation.
  • Customer shall not make withdrawal of any bounced cheque/bilyet giro for any reason.
  • Bank shall be entitled to freeze the right of using cheque/bilyet giro, and/or to report to relevant authority to include Customer’s identity to be included in the National Black List (DHN) if:
    • 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 than 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 nominal value of Rp 500,000,000 (five hundred million Rupiah) or more;
    • 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).
  • Customer shall be obliged to return the remaining, if:
    • The right of using cheque/bilyet giro is being frozen, or
    • Customer’s identity is included in DHN, or
    • Account is closed upon Customer’s request or based on Bank’s internal policy and/or its own discretion.
  • Customer shall be obliged to report the settlement of the bounced cheque/bilyet giro withdrawal which settlement must be done within 7 (seven) working days after the bounced date.
  • Bank shall be entitled to close down Customer’s Account if Customer still makes withdrawal of bounced cheque/bilyet giro during the period where Customer’s name is still being included in DHN.
  • 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 obligations upon cheque/bilyet giro which is still in circulation.
  • Customer shall release Bank from all responsibilities and legal claims that may be arising out from bouncing cheque/gilyet giro drawn by Customer, or due to the misuse of cheque/bilyet giro by Customer.
  • Customer must obey the applicable laws and regulations from time to time regarding to cheque/bilyet giro and 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.
  • For Joint Account:
    • All customers as owners of Joint Account shall be obliged to provide written statement to Bank stating Customer’s name(s) that is/are authorized to sign cheque/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 stipulated 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 are owning Joint Account is/are included in DHN. The freezing of right to use cheque/bilyet giro shall be imposed upon all Joint Accounts and/or other Individual Account registered in Customer’s name who makes withdrawal 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 bounced cheque/bilyet giro on Joint Account meeting DHN’s criteria shall be several and/or joint responsibility of all Customers owning Joint Account.

I.4 Deposito

I.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.

I.4.2

Deposit made by Customer by using clearing instrument shall be effective after the said funds duly received by Bank.

I.4.3

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 reasons 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 debits the account.

I.4.4

Customer shall be responsible for the genuineness, ownership, and source of funds or clearning instrument submitted to Bank.


I.5 Transfer/Withdrawal of Funds

I.5.1

Transfer/withdrawal of funds on Account shall be made in accordance with the procedures as determined by Bank and can be done through services provided by the Bank including, but not limited to, transfer/withdrawal of funds from Bank, ATM, SMS Banking, Mobile Banking, Interest Banking, and Phone Banking.

I.5.2

In the event of transfer/withdrawal of funds in different currency from the designated/owned Account through certain channels, Bank has the right to do conversion by using applicable conversion rate of the currency at the time of the conversion. Customer shall be aware and responsible for fluctuation risk involved, which may occur during conversion.

I.5.3

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 is collected or payment shall be made including restriction applicable.

I.5.4

Withdrawal of funds on time deposits, 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.


I.6 Statement

I.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 that has been stated and provided by the Bank, if requested by Customer and approved by Bank.

I.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 data. By passing of the above period, Customer shall be deemed to have accepted and agreed to the concents of the Statement and the Statement shall be an absolute proof for Customer(s) without the need for further proof that they are correct except for any alleged errors that have been notified and subjected to Bank’s right to adjust and amend (which can be determined by Bank at any time) any entries or details wrongly or mistakenly made by Bank.

I.6.3

Each Statement shall be sent to customer at the address of Primary Account Holder in accordance with the Data recorded by the Bank.

I.6.4

Bank shall not be responsible if Statement is received by unauthorized person/party.


I.7 Specimen of Signature

Customer must give specimen of Customer’s signature and any of its change. Henceforth, example of signatures will be stored in the Bank system applies as a signature reference in every transaction.


I.8 Charges

I.8.1

Customer authorizes the Bank to debit Customer’s Account for paying any amount of money owed in form of interest, charges, cost, fee, penalty and taxes payable by Customer in relation to the product or banking services.

I.8.2

Bank shall be entitled to determine average minimum balance and require the Customer to pay monthly service fees if Customer does not maintain average minimum balance for all Accounts.

I.8.3

Customer(s hereby agrees to pay interests and other charges that may appear in connection with the issuance and/or using of Citibank Debit Card.

I.8.4

Bank at any time at its sole discretion shall be entitled to determine and change the interest rate, and other fees in relation to the product or banking services without prior notification to Customer.

I.8.5

Interest, charges, and fees as stipulated in point 1.8.2 and 1.8.3 shall not be refundable by Customer with any reason. Bank may debit the amount of all fees, charges, taxes and other amount which shall be paid by Customer in connection with Terms and Conditions from Customer’s Account.


I.9 Payment

I.9.1

Customer shall pay Bank on all service charges payable obliged by Bank on the date as determined by Bank together with the accruing interest as from the date of maturity until payment or its settlement, if Customer has liabilities.

I.9.2

In the event the payment is not made on Working Day or out of the business hours of Bank, the said payment shall be processed on the next Working Day.


I.10 Tax

I.10.1

Customer shall be responsible to pay all and each tax imposed by the Government of Republic Indonesia on these banking services.

I.10.2

By checking the appropriate box under US Tax Declaration and Acceptance and signing this account opening form, Customer accepts the Terms and Conditions of this agreement and declare Customer Tax Status under US tax law. Customer understands that a false statement or misrepresentation of tax status as US person could lead to violation of US law.

I.10.3

In the event of Customer being a US person or a US Green Card holder,

  • The number shown in US Tax Declaration and Acceptance part in this form is Customer’s correct US tax payer identification number.
  • Customer is not subject to back up withholding tax due to (a) Customer is exempted from the withholding tax (b) Customer is not informed by Internal Service (IRS) that he/she is subject to withholding tax law as a result of his/her failure to report all interests and dividends, or (c) IRS has informed Customer that he/she is no longer subject to back up withholding tax.
  • For purposes of complying with applicable US tax laws, Customer waives any secrecy, privacy, and data protection right related to his/her Account.
  • Customer is obligated to submit W9 Form to the Bank. Sample of the W9 Form can be found on http://www.irs.gov/formspubs/index.html. Customer shall release Bank from any suit or legal claim in relation to incorrect information stated in the W9 Form.
I.10.4

In the event of Customer is a non US person and does not hold US Green Card, Customer declares and guarantees that Customer is not a US person for purpose of the US tax, and Customer does not act for and on behalf of a US person. If there are changes to Customer tax status, and Customer becomes a US citizen or US resident, Customer has the obligation to inform such changes to Citibank, N.A. Indonesia within 30 (thirty) days upon such change in status.

I.10.5

W8 BEN Form is only valid for 3 (three) years and need to be renewed. If Customer submits W8 BEN Form to Bank, Customer is obligated to renew the form at the latest 1 (one) month before the form expires. Sample of the W8 BEN Form can be found on http://www.irs.gov/formspubs/index.html. Customer shall release Bank from any suit or other legal claim in relation to the failure of renewing the W8 BEN by Customer.


I.11 Agent

Bank shall be entitled to appoint and to use the services of the agent, sub-agent and correspondent in executing Instruction.


II. PRODUCTS

II.1 Current/Savings Account

II.1.1

The opening of Current Account and/or Savings can be done after Customer agrees to and signs the Terms and Conditions and/or Current/Savings Account product application form.

II.1.2

The interest rate of Current and/or Savings Account that is given to Customer shall be determined by Bank based on the effective Bank interest rate and can be changed at any time with notice to the Customer in accordance with the prevailing laws and regulations.

II.1.3

Interest given to the Customer will abide by prevailing tax regulations.

II.1.4

Cash withdrawal through Citibank ATM can be done in Rupiah. Cash withdrawal or deposit through teller can be done in Rupiah, American Dollars, Hong Kong Dollars, and Singapore Dollars subject to availability.

II.1.5

The minimum amount for every Current Account and/or Savings Account opening will be determined according to Bank policy and will be informed to the Customer at the time of account opening.

II.1.6

Bank has the right to determine the minimum average balance of Current/Savings Account product and Customer shall pay monthly administrative fee if he/she does not fulfill the average minimum balance for the amount of such Current/Savings Account.


III. SERVICES

Upon Bank’s approval and subject to the Terms and Conditions determined by Bank, Customer may use and enjoy the benefit of various banking services provided by Bank.

III.1 CitiPhone Banking Service

III.1.1

For further information related to all Citibank products, Customer may contact (021) 252-9999 for Citibanking and (021) 5296-2929 for Citigold, or dial 6999 directly from mobile phone (apply nationwide, without area code).

III.1.2

Complaint or objection submitted verbally will be settled in 2 (two) Working Days. However, if the verbal complaint is not settled, Customer shall submit the complaint or objection in writing, and it shall be completed with photocopy of identity and other supporting documents requested by Bank to be settled within not later than 20 (twenty) business days upon received of completed data of complaints or objections. This period may be extended within 20 (twenty) Working Days by giving written notification to Customer with information of its complaint handling period.

III.1.3

Bank shall give PIN to customers to enable to use CitiPhone Banking services. Customer shall be responsible for the usage and confidentiality of PIN.

III.1.4

Bank shall be entitled to re-examine or to perform verification and identification on Customer in accordance with the procedure as determined by Bank from time to time.

III.1.5

Customer hereby permits Bank to record or to document Customer’s conversation with Bank.

III.1.6

Customer understands and agrees to the method of information delivered electronically that is used to send Customer data and all the risks of transferring electronic data that might result in tapping, interfering, loss of confidential data or misuse of confidential data for any reason or purpose whasoever , including lack of data, virus, software, and devices that can retrieve or destroy valid data. The following are also included when there is an error from the Bank’s side to the extend it is still allowed/in accordance with regulations. Bank has the right to change the delivery of statement in paper form if e-statement delivery failed to be done. Customer declares and agrees to indemnify Bank from any losses that might arise./p>


III.2 Statement Delivery Through Facsimile Service

III.2.1

Customer upon Bank’s approval may request Bank to deliver Statement through facsimile. Customer shall sign a statement letter or other means in accordance with the procedure as determined by Bank.

III.2.2

Customer shall be responsible for all risk arising from the dispatch of Statement through facsimile.


III.3 Citibank Debit Card Service

III.3.1

Each owner of the Banking Account shall automatically be granted 1 (one) Citibank Debit Card.

III.3.2

Customer can use Citibank Debit Card for the following purposes:

  • Conduct banking transaction through ATM such as cash withdrawal, account balance information, transfer, payment, etc and/or
  • Retail purchase transaction in merchants, and/or
  • Such other purpose as may be specified by Bank and communicated to Customer from time to time.
III.3.3

Customer may obtain Citibank Debit Card by requesting to self pick up to Bank’s branch or Bank will send Citibank Debit Card to customer by regular mail service. In relation to the post-mail delivery, Bank is not liable for any loss that Customer may suffer if Customer fails to receive the Citibank Debit Card, which was sent to the Customer’s registered address as listed in the Bank’s data base.

III.3.4

The Citibank Debit Card is not transferrable and should only be used by the person whose name is stated on the Citibank Debit Card.

III.3.5

Customer must immediately sign the Citibank Debit Card upon receiving.

III.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 the Bank immediately. Customer is deemed to have accepted and agreed to these Terms and Conditions if Customer signed, retained or used the Citibank Debit Card.

III.3.7

Customer shall release Bank for all transactions executed by Customer’s Citibank Debit Card. Bank may debit Customer Account(s) against any withdrawal, transfer or retail purchase in accordance with Bank’s transactions record.

III.3.8

Customer will fully indemnify Bank and hold Bank harmless against any loss, damage, liability, cost and expense 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:

  • Customer has breached any obligation under related Terms and Conditions;
  • The actual or attempted enforcement or protection of any of Bank rights and remedies against Customer; and/or
  • Any changes in any law, regulation or official directive, effecting Citibank Debit Card and/or these Terms and Conditions.
III.3.9

Customer accepts and agrees that monthly Statement valid as a 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.

III.3.10

The use of Customer Citibank Debit Card shall immediately cease if Savings Accounts/Giro Account are closed for any reason whatsoever.

III.3.11

Bank, by using its authority, may and allowed at any time without notice to change, to suspend or to terminate the Citibank Debit Card service. Bank is not responsible for any loss or damage suffered by Customer as a result of such changes, suspension, or temporary termination or termination of the service.

III.3.12

Upon the expiration of the card, Bank may issue a replacement for Citibank Debit Card under such Terms and Conditions as stipulated by Bank.

III.3.13

Notwithstanding any other Terms and Conditions of these Terms and Conditions, Bank is not liable to Customer for any loss, damage, inconvenience, charges and 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 of any function of Customer Citibank Debit Card and/or these Terms and Conditions (whether in Indonesia or elsewhere), including 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.

III.3.14

Bank has the authority to:

  • Impose daily maximum aggregate amount that can be made using the Citibank Debit Card with notice to Customer(s) in accordance with the prevailing Terms and Conditions; and,
  • Determine an expiration date on the Citibank Debit Card as appeared on Citibank Debit Card.
III.3.15

Notwithstanding these Terms and Conditions of Account Opening and Operation, Customer shall be subject to the Terms and Conditions of Citibank Debit Card as stipulated in the Citibank Debit Card guide book in the ‘Welcome Pack’.


III.4 Automated Teller Machine Services (ATM)

III.4.1

Bank provides 24 hours of ATM Network to Customer to do banking transactions using Citibank Debit Card.

III.4.2

Citibank Debit Card can be used in ATM Network in Indonesia and overseas.

III.4.3

Customer may use 24 hours ATM Network except during routine maintenance, bank note replenishment or during the occurrence of events which are beyond the Bank’s control, that may cause temporary service disruption to 24 hours ATM Network.

III.4.4

In the event Citibank Debit Card is used through ATM Network outside Indonesia:

  • Customer shall be subject to regulation in the said country;
  • Transaction shall use exchange rate as determined by Bank or institution managing the ATM Network;
  • In the case of Customer(s) carry out foreign exchange transaction in ATM Network outside Indonesia, Customer shall be aware and be responsible for the fluctuation risk of the exchange rate related to the transaction.
III.4.5

In order to activate the ATM function of Citibank Debit Card, Customer shall create ATM PIN in Citibank branch office or Bank may issue an ATM PIN to Customer which will be sent to Customer’s registered address at Bank’s record by regular mail service at Customer sole risk.

III.4.6

Customer must ensure his/her Citibank Debit Card is always safe and secure. 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 its 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.

III.4.7

In the event 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 ATM PIN from time to time, and Bank shall be entitled to reject any number selected by Customer as 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. In its sole discretion of its authorization, Bank may issue a replacement of ATM PIN to Customer under such Terms and Conditions as regulated by Bank.

III.4.8

Customer shall take full responsibility for al banking transactions using the Customer Citibank Debit Card by using its ATM/PIN and/or signature (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.


III.5 Manual Instruction Services

III.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 presence 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.

III.5.2

In relation to the services, Bank shall be entitled to do one or more of the folowing acts:

  • Bank shall be entitled but not obligated to confirm or perform re-verification through telephone on the Manual Instruction to Customer or other party appointed by Customer using the data available with the Bank.
  • Customer shall be fully responsible for any misused of Customer’s data and Customer shall release Bank from any legal claim arising there from.
  • Bank shall be entitled to, but shall not be obligated to record telephone conversation between Bank and Customer.
  • If verification cannot be performed, Bank shall be entitled to not perform the Manual Instruction.

III.6 Citibank Online Service

III.6.1

Citibank Online Service shall be given only to Customer upon Bank’s approval through Communication Media, which is determined by tha Bank.

III.6.2

Customer shall be responsible for all liabilities and risks arising from transaction done through Citibank Online Service.

III.6.3

Customer acknowledges that any access to Citibank Online depends on user terminal and telecommunication network operator.

III.6.4

Customer understands that Citibank Online shall be available 24 hours for Customer, except during routine maintenance or during the period which is beyond the Bank’s control that might cause 24 hours Citibank Online service to temporarily cease.


III.7 E-Statement Service

III.7.1

If the Customer’s requests to use E-Statement is approved by Bank, the Statement will be sent to Customer’s e-mail according to Bank’s record.

III.7.2

If the Customer uses E-Statement, the Report will also be available on Citibank Online for a period of 12 months after the date of the Report.

III.7.3

One way e-mail is used by the Bank to send E-statement to Customer.

III.7.4

If Bank fails to send E-Statement, Bank, in its sole discretion, may send a report to the other Customer’s mailing address according to Banks record.

III.7.5

Password is required to access the E-Statement report available on Citibank Online or received via registered e-mail address. Password can be changed after accessing Citibank Online. Whenever there is a change of password, E-Statement can only be opened by using the new password.

III.7.6

Bank shall be entitled to cancel registration of E-Statement filed by Customer. Bank will automatically cancel Customer’s registration upon failing to send an e-mail for 3 (three) times.

III.7.7

Bank shall not be liable for any loss, damages, or expenses that shall incur, including but not limited to, loss or damage caused by data, software, computer, telecommunications equipments or other equipments in connection with the use of E-Statement, unless caused by Bank’s gross negligence or willful misconduct.

III.7.8

Bank shall ensure that E-Statement service is secure and cannot be accessed by unauthorized third parties. Bank does not guarantee the security, secrecy, or confidentiality of any information that has been transmitted through any applicable internet service provider, network system or other equivalent system in any jurisdiction. Customer understands and accepts all possible risks that may arise in connection with the use of E-Statement which can be intercepted, monitored, amended, tempered with or being sent to or disclosed to other parties without the consent of the Customer(s)’s.

III.7.9

Customer(s) agree to verify that the correctness of each E-Statement and to immediately notify Bank within 90 (ninety) days from the date after E-Statement date in writing of any discrepancies, omissions, errors, or incorrect entries. If within the period mentioned above there is no objection about the report, Bank records and details of the E-Statement shall be an absolute proof for Customer(s) without the need for further proof that they are correct except for any alleged errors that have been notified. Bank shall be entitled at any time to adjust and amend any details incorrectly or mistakenly made by Bank.


IV. MISCELLANEOUS

IV.1 Amendment of the Terms and Conditions

IV.1.1

Amendment of the Terms and Conditions Bank shall be entitled to amend, add, and/or to change (Amendment) this Terms and Conditions. For such Amendment, Bank will notify the Customer and/or will inform it by Communication Media.

IV.1.2

Unless it is specifically stipulated in the Amendment, the Amendment shall be effective since the Amendment is stipulated. Customer agrees to be bound by the said Amendment. If Customer dose not agree to the said Amendment, Customer shall immediately close the Account and settle all his/her obligation to Bank.


IV.2 Notification

IV.2.1

Any notification or communication to Customer may be submitted through postal service to the latest customer’s address registered at Bank or through Communication Media.

IV.2.2

In any case of changes to the correspondence or communication data of Customer, Customer shall immediately inform the Bank.

IV.2.3

Customer agrees to release the Bank of any risks that might arise in relation to improperly conducted action as stated in point IV.2.2 above including if the recipient of the notification is not the authorized party.


IV.3 Limited Liabilities

IV.3.1

All and each obligation of payment arising from Account is only payable at the Bank offices in Indonesia and it is subjected to the prevailing laws and regulations of the republic of Indonesia (including any regulation, policy, instruction or decree of the Government of Republic of Indonesia).

IV.3.2

Funds available in Account is not being insured on the United States Federal Deposits Insurance Corporation (FDIC) or other insurance company.

IV.3.3

Funds in the Account is included in the guarantee program organized by Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS) in accordance with the prevailing terms and condition regulated by LPS.

IV.3.4

Bank shall be entitled to correct any error that occur to the Account and Customer hereby releases Bank from any claim or petition to rectify such error.

IV.3.5

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 majeure or for event beyond the Bank’s capacity to control.

IV.3.6

Bank has the right to evaluate the status of Citigold Customers periodically.

IV.3.7

Segmentation and average monthly balance

  • Citigold
    With total minimum monthly balance average of Rp 500 million
  • Citibanking (non Maxi Save holder)
    With total minimum monthly balance average of Rp 50 million
  • Citibanking (Maxi Save holder)
    With total minimum monthly balance average of Rp 10 million

IV.4 Funds and Power of Attorney from Customer

IV.4.1

Customer shall provide funds to settle its obligations at least 1 (one) Business Day before the maturity date.

IV.4.2

Customer hereby grants an irrevocable power of attorney to Bank to debit and use funds in the Account to pay any Customer’s liabilities to Bank which are payable and due to maturity, including and not limited to any mistake of credit activity on the Account and/or liability arising in conjunction with the Citibank credit card usage by the Customer and /or other outstanding obligations.

IV.4.3

In connection with the 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.


IV.5 Bank Secrecy

IV.5.1

Bank shall keep all Customer Data confidential, except if it is requested by a person/a certain authorized party in accordance with the prevailing laws and regulations.

IV.5.2

Customer hereby gives consent to Bank to provide information regarding Customer Data, Customer’s Account, and/or transaction conducted by Customer from time to time to the head office of Bank, Bank’s overseas branch. Subsidiary of Bank or authorized institution/institution with authority over Bank either in Indonesia or other countries.

IV.5.3

Bank shall be entitled to appoint person or other party to do or to support banking activities provided that the said person or party shall keep the secrecy of Customer’s Data from time to time.

IV.5.4

Bank shall be entitled to include Customer’s Data in Bank’s internal marketing list. If Customer no longer wishes to receive offering of products/services provided by Bank, Customer may contact 24 hour CitiPhone Banking to apply for exemption from the above conditions.

IV.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.


IV.6 Prevailing Laws

IV.6.1

Any banking transaction performed by Customer shall be processed in accordance with prevailing laws and regulations to the Bank.

IV.6.2

These Terms and Conditions are subject to the laws of the Republic of Indonesia.

IV.6.3

Customer and Bank hereby chooses permanent and legal domicile at the office of the Registrar of the District Court which have a jurisdiction over the Bank where the Account is registered.

IV.6.4

Customer subjected to the laws and regulations related to banking products and services provided by Bank including, but not limited to, regulations on Prevention and Eradication of Money Laundering, as stipulated in the Law No. 25/2003, as amended by law No. 8/2010 following and its amendment in the future and Bank Indonesia Regulation and other implementing regulations.

IV.6.5

By checking the appropriate box under USA Tax Declaration and Acceptance set out in this form and signing this account opening application, Customer hereby accepts the Terms and Conditions of this agreement with the tax status of the Customer under US tax law. Customer understands that a false or misleading statement about the tax status of the Customer as a US citizen could lead to a violation of US law.


V. OFFSHORE WEALTH SERVICES

With respect to the opening of accounts by the customer with the citizenship status of non-Indonesia and/or Customers who do not reside/domiciled in Indonesia (' Off-shore Wealth Services '), the Customer hereby represent and warrant that the customer contacted Citibank, N. A. Indonesia Branch and has applied for the booking and opening a savings account and to maintain an account in Indonesia solely based on its own discretion. The customer hereby declares that no one of any of the parties to Citibank, N.A. or its agents/staff(s) that influence the Customer to use this Offshore Wealth Service, and/or to provide recommendations or advice to the customer to order, booking, or to maintain a savings accounts through Offshore Wealth Services. Offshore Wealth Services at Citibank, N.A. Indonesia branches conducted based on Customer instruction only and Customer fully understands that the use of Offshore Wealth Service is always subject to the provisions of the laws, regulations and other applicable provisions, including provisions on tax, foreign exchange currency or capital controls and provisions on all payments, reporting or filing requirements that may apply as a result of the Customer country of citizenship, domicile or residence or the location where Offshore Wealth Service activities may be conducted and/or Citibank, N.A., other policies and any of its amendment hereinafter in effect .The Customer understands that the Bank is entitled to perform certain limitations on Offshore Wealth Services, including but not limited to the restrictions on the addition of funds to the customer's savings account, and/or discontinuance of Offshore Wealth Service, and the customer hereby release the Bank from any and all kind of lawsuits and punitive damages that may arise out of or in connection to the restriction and/or customer account closure.

JAVASCRIPT DINONAKTIFKAN