GENERAL TERMS AND CONDITIONS

PT BANK COMMONWEALTH

These General Terms and Conditions of PT Bank Commonwealth govern the legal relationship between PT Bank Commonwealth and individuals/corporations who use the services of PT Bank Commonwealth who are prospective accountholders or accountholders with PT Bank Commonwealth in connection with all products and/or services available to the customers.

• Definition and Interpretation

  Definition

  In these General Terms and Conditions, unless the context otherwise requires, the following terms shall have the meaning ascribed thereto as follows:

  1. Bank means PT Bank Commonwealth, a banking institution that is registered with and supervised by the Financial Services Authority (OJK).
  2. Customer means an individual or business entity who has account with the Bank in the form of natural persons, corporations, and other legal arrangements who use the Bank’s services.
  3. Prospective Customers mean individuals or business entities who will use the Bank’s services. In this case, those who will have a business relationship with the Bank, including those parties who will open a Customer Information File ("CIF"), have an account with the Bank, have facilities at the Bank or establish other cooperation.
  4. Account means a Customer's deposit in the form of savings, current accounts, and time deposits and/or other similar forms, whether those that has been opened by the Customer at the Bank or will be opened at a later date.
  5. Current Account means a deposit that can be withdrawn at any time by using withdrawal media including but not limited to Cheque/Bilyet Giro and/or other media, or through overbooking and/or transfer.
  6. Savings Account means a deposit that can only be withdrawn according to the Bank’s internal provisions, including but not limited to through the Bank’s counters and/or ATMs, but cannot be withdrawn by Cheque, Bilyet Giro, and/or other similar instruments.
  7. Cheque/Bilyet Giro means a written order from a Customer to the Bank as a media for withdrawal from the Customer’s Current Account as regulated in the laws and regulations applicable in the Republic of Indonesia.
  8. Dishonoured Cheque/Bilyet Giro means a Cheque/ Bilyet Giro which is presented by a Customer either through clearing or through the Bank’s counter directly, but the payment or overbooking of which is dishonoured by the Drawee Bank with the reasons for rejection as stipulated in the applicable provisions of Bank Indonesia.
  9. Drawee Bank means a bank that receives a payment order or an overbooking order for a sum of funds from the Customer's Current Account using Cheque/ Bilyet Giro.
  10. Business Day means a day, except Saturdays or Sundays or official holidays determined by the government, on which the Bank operates to conduct business in Indonesia.
  11. Calendar Day means a day, in the year of Anno Domini without exception, including Saturdays, Sundays and national holidays which are determined at any time by the government.
  12. Identity Card means Electronic Resident’s Identity Card ("KTP-el") for Indonesian citizens ("WNI") and passport along with Temporary Resident Permit Card ("KIMS")/Temporary Residence Permit Card ("KITAS") for Foreigners ("WNA") who are domiciled outside Indonesia.
  13. Automated Teller Machine ("ATM") means Automated Teller Machines owned/managed by the Bank or owned/ managed by another bank based on cooperation with the Bank can also be used by the Customer for certain transactions.
  14. Debit Card means including but not limited to Physical Debit Card and/or Virtual Debit Card provided by the Bank to the Customers that function as ATM card that can be used at the ATM machines and/or EDCs, and can be used as debit card for shopping transactions which funds are sourced from the Customer's account.
  15. Electronic Data Capture ("EDC") means a hardware or computer terminal which can take the form of a cash register or a debit/credit verification terminal that is able to read information on the card's magnetic stripe and/or chip card and is used to conduct banking transactions by the Customers via Teller’s counter.
  16. Short Messages Services ("SMS") means messages sent to a Customer through a cellular telephone provider that is registered by the Customer.
  17. Notification SMS means a service provided by the Bank to give notification and/or information of financial transaction related to the Customer's account via SMS to the Customer's mobile number.
  18. Internet Banking means a service provided by the Bank to a Customer, in which the Customer can, including but not limited to, access accounts, conducting transactions and/or other services through internet network.
  19. Mobile Banking means a service provided by the Bank to a Customer in which the Customer can, including but not limited to, access accounts, conducting transactions and/or other services through applications on mobile communication devices.
  20. Mobile Banking Partnership means a Bank service that can be accessed through applications owned by the partner as a Bank partner with digital transaction features for account opening and various banking transactions that refer to the agreement between the Bank and the partner.
  21. Transaction Advice means a proof of evidence issued by the Bank system after a Customer has conducted banking financial transactions at the Bank’s Teller counter.
  22. Account Opening Form means an account opening form that is completed and signed by a Customer for the purpose of opening an Account.
  23. Cut Off Time ("COT") means the maximum time applicable in the Bank to process transactions on the same day (D-0).
  24. Law means the laws applicable to these General Terms and Conditions, namely the laws of the Republic of Indonesia.
  25. Safe Deposit Box ("SDB") means a treasure or securities storage box that is specifically designed from steel and placed in a strong and fire resistant treasury to maintain the safety of stored goods and provide a sense of security for its users.
  26. Tariff and Fee means a list of tariffs and fees that are charged to a Customer for the Bank's products and services.
  27. Law Enforcement Official ("APGAKUM") means the relevant authorities including but not limited to the police, prosecuting office or courts, and/or other institutions, to make requests or to take other actions including but not limited to the blocking and/or closing of Customer's accounts and confiscation of assets.
  28. Commbank e-Kiosk means a service available to individual customers to open a Savings Account and/or to complete unsecured personal loan (KTA) and BizLoan products application.
  29. CommBank Mobile means the Bank’s Mobile Banking application that has digital banking transaction features to open an Account and forward transaction instructions into the Bank’s system without the Customer having to come directly to the counter to present transaction instructions.
  30. Regulator means a government institution and/or agency and/or an authorized party including but not limited to Bank Indonesia and/or the Financial Services Authority, to regulate provisions in the banking sector.
  31. Correspondent Bank means a bank that under an agreement has a relationship with the Bank to provide mutual services and/or to conduct transactions for and on behalf of the correspondent bank.
  32. Time Deposits means deposits that can only be withdrawn at a certain time based on the agreement of the Customer and the Bank.
  33. Initial Deposit means the amount of money or funds required by a Customer to be deposited at the beginning, as one of the main requirements for opening a Savings Account and/or investment account.
  34. The Indonesian Deposit Insurance Corporation ("LPS") means an institution established by the Government of Indonesia that functions to guarantee deposits of the depositing customers.
  35. Token means security tool that provides trusted authentication method by generating one-time password using encryption methodology. The Token consists of two types, namely hard token and SMS token.
  36. Statement means Current Account statement and/or statements of other products of the Bank.
  37. Joint Account means an Account that is jointly operated by more than one Customer.
  38. Physical Debit Card means a debit card in the form of a card that functions as an ATM card and can be used at ATM and/or EDC machines, and has a 16 (sixteen) digit card number, a validity period and CVV number (security code) and can be used for e-commerce and merchant transactions.
  39. Virtual Debit Card means a debit card in a virtual form so that no physical card is issued and has a 16 (sixteen) digit card number, a validity period and CVV number (security code) like a physical debit card and can be used for e-commerce transactions.

  Interpretation

  1. Headings as referred to in these General Terms and Conditions are for convenience only and are not intended to interpret the contents, purposes and objectives of the articles in these General Terms and Conditions.
  2. Words or terms in the singular shall include the plural, and vice versa.
• General Provisions for Banking Products
  1. Account
     
     1. Account Opening
        1. An Account can be opened by Prospective Customers and/or the Customers through the nearest branch and/or other channels owned by the Bank, by completing information and providing Identity Card or other documents required by the Bank with reference to the Regulation of the Financial Services Authority concerning Implementation of Anti-Money Laundering and Counter Terrorism Financing Program for Commercial Banks along with other relevant regulations (as may be renewed from time to time).
        2. The Bank based on its authority and/or with reference to the laws and regulations applicable in the Republic of Indonesia has the right to reject an application for Account opening from a Customer and/or a Prospective Customer by notifying the Customer of the reasons thereof, to the extent that there are no laws and regulations prohibiting such notification.
        3. A Customer is obligated to make an initial deposit for opening an Account in the amount determined by the Bank, as one of the main requirements for Account opening.
        4. The funds available in the Account are included in the guarantee program organized by the LPS in accordance with the terms and conditions stipulated by the LPS.
     2. Interest Rate
        The Account’s interest rates may change at any time in accordance with the Bank’s policy and shall be informed to the Customer through the Bank's communication media facility.
        
     3. Fees and Taxes Charging
        1. A Customer shall be responsible for all fees that may arise and any taxes imposed by the Government of the Republic of Indonesia in connection with the Customer's Account maintenance and/or Customer's instructions execution.
        2. A Customer authorizes the Bank to debit the Customer's Account to pay any amount owed including interest, service fees, fines, taxes and other amounts payable by the Customer with respect to banking products or services.
        3. The Bank has the right to determine and/or change the amount of fees in accordance with the applicable regulations with respect to the Bank's products or services, by giving prior notice within the period of time as stipulated in the law and/or regulation applicable in the Republic of Indonesia.
     4. Funds Deposit and Withdrawal
        1. Deposits through the Bank’s counter, overbooking and/or transfer from other banks shall only be effective if it has been validated (printed data evidence from the Bank’s system) and endorsed by the Bank’s officials and/or after the Bank receives funds in accordance with the applicable regulations.
        2. Cash and non-cash withdrawals may only be made to the extent that (i) the balance in the Account is sufficient; (ii) meets the minimum balance requirement; (iii) carried out by authorized signatory; (iv) in the case of withdrawal in foreign currencies, subject to the supply of foreign currency at the Bank's counter and the availability of foreign currency on the market and (v) the Bank is only obliged to serve withdrawals/ overbooking/transfers from the Customer's Account in accordance with the instructions/ application for withdrawals/overbooking/ transfers from the Customer or his/her lawful proxy (based on a lawful power of attorney from the Customer).
        3. Cash deposits and/or withdrawals to an account on a Business Day shall be subject to a minimum and maximum daily amount determined by the Bank for the transaction, and/or subject to the prevailing laws and regulations.
        4. A Customer understands his/her risks and responsibilities including but not limited to the provision of supporting documents if it is requested by the Bank and/or required and obligated by the prevailing laws and regulations. The Customer hereby understands that any loss, expense, lawsuit, claim as a consequence of the unavailability of supporting documents shall be the full responsibility of the Customer.
        5. A Customer understands that in order to comply with the laws and regulations and/or other government regulations, as well as due to any other reasons including but not limited to any actions of the government that punish, confiscate, take over or take the control of the Customer's assets or put the Customer’s assets under custody, the Bank, based on its considerations and authority, may not to carry out its obligations and/or execute the Customer's instructions.
     5. Funds Transfer
        1. The Fund Transfers shall be subject to the statutory provisions applicable in the Republic of Indonesia, and carried out in accordance with the policies and provisions applicable in the Bank.
        2. A Customer shall be responsible for the validity and clarity of the transfer order and the Customer understands all risks and responsibilities including in the event of a loss that may arise due to an error/mistake/ obscurity of information/data in the transfer order which results in misinterpretation by the Bank and/or the Correspondent Bank.
        3. A Customer understands and agrees to all risks that may arise outside the control of the Bank including but not limited to the following matters:
           1. Delay or failure to forward transfers by the correspondent bank or other related parties.
           2. Non-execution of transfer due to the prevailing laws and regulations, either in the sending country or the receiving country.
        4. The Bank has the right to refuse, cancel or postpone the transfer transaction by notifying the Customer of the reasons thereof, to the extent that there are no laws and regulations prohibiting such notification.
        5. The transfer can only be executed after sufficient funds have been effectively received by the Bank and/or available in the Account.
        6. Change or cancellation of transfer:
           1. Any change and/or cancellation of transfer may only be made if the Bank has received a written request from the Customer before the funds transfer order is executed or before the funds are paid to the beneficiary and the transferee bank is willing to make such change and/or cancellation.
           2. For such change and/or cancellation of the transfer, the Customer shall be charged with fees according to the provisions applicable in the Bank.
           3. Funds of the cancelled transfer may only be returned to the sending Customer after the funds have been effectively received back by the Bank, taking into account the fees charged and the reduction in value due to differences in exchange rates.
     6. Account Statement
        1. The Bank will record, book and print every deposit and withdrawal transaction in an Account Statement, which will be delivered or sent to the Customer in accordance with the Bank's provisions.
        2. The Customer agrees that the Customer will examine and verify carefully any records contained in the Account Statement, reconcile with the Customer's own records to see if there are errors, differences, unauthorized debits or other transactions or records that arise due to but not limited to forgery, or negligence of the Customer or others.
        3. If the Customer does not submit objection in writing to the Account Statement sent by the Bank to the Customer within a period of 30 (thirty) Business Days as of the date the Account Statement is received by the Customer according to the Bank's records, the Customer is considered to have accepted and agreed to the contents of the Account Statement.
        4. The Bank may at any time make corrections in case of errors in accounting/bookkeeping of the Current Account and/or Savings Account of the Customer without penalty. If at the time of correction the balance of the Current Account or Savings Account is insufficient, the Bank has the right to debit the other accounts of the Customer with the Bank with prior notification and/or collect the shortage payment to the Customer and for that purpose the Customer agrees to immediately pay the shortage to the Bank.
        5. For the Customers who already have an email address registered with the Bank, the Bank will not print and send an Account Statement to the Customers. The Bank will send periodic electronic Account Statement in accordance with the provisions applicable in the Bank to the email address of the Customer registered in the Bank’s system.
        6. For the Customers who do not have an email address registered with the Bank, the Bank will print and send an Account Statement periodically, in which the Customer will be charged with fees according to the applicable provisions (the amount of fees shall refer to the tariff sheet section that can be accessed at www.commbank.co.id or call us at Call CommBank at 15000 30 for local access) or (6221) 29355 2935 for international access).
        7. The Bank will stop printing and sending the Account Statement to the Customer if:
           1. The Account Statements sent to the Customer are returned for 3 (three) consecutive months; or
           2. The Account owned by the Customer has a balance equal to or smaller than the required minimum balance (refer to the provisions of each product); or
           3. The Account owned by the Customer is categorized as Dormant Account.
        8. The Bank will stop sending the Account Statement electronically to the Customer's email registered in the Bank’s system if the Bank fails to send the electronic Account Statement for 3 (three) consecutive months.
        9. If the Customer does not receive and/or has not yet received the Account Statement, the Customer may request reprinting by coming to the Bank counter but the Customer will be charged with the Account Statement reprinting fee or the Customer can download the Account Statement for free through the Internet Banking service.
     7. Dormant Account
        1. A Customer Account that does not have any debit transactions (excluding debit for tax on interest, stamp duty and Bank fees) for 6 (six) consecutive months, will be identified as Dormant Account.
        2. In order to prevent unauthorized transactions, the Bank will limit the debit transactions on the Dormant Account automatically by the system. However, all Bank fees are still applicable to the Dormant Accounts.
        3. Reactivation of the Dormant Account can be carried out based on the Customer's request or debit transaction through other channels allowed by the Bank in accordance with the activation procedures applicable in the Bank.
        4. The Bank may close the Dormant Account, with one or both of the conditions below:
           1. The Bank has received confirmation from the Customer that the Customer wants to close the Account.
           2. Dormant Accounts with zero balance or less than account closing fees/monthly administration fees/fees below the required minimum balance.
     8. Account Closure
        1. The Customer understands and agrees that the Bank can close the Customer’s Account, if:
           1. There is a request for closure from the Customer who holds the Account to the Bank for some reason.
           2. Required to comply with the statutory regulations and the prevailing laws and regulations.
           3. The Customer has a source of transaction funds that is known and/or could reasonably be expected originating from the results of a crime.
           4. The Account has a Dormant Account status with zero balance or less than the account closing fee/monthly administration fee/ fee below the required minimum balance.
           5. The Customer provides information on personal data and provides documentation which is considered to be incorrect by the Bank.
           6. The Customer dies (disbursement and/or withdrawal of the remaining funds (Balance) shall be carried out by an authorized heir).
           7. At the request of the Regulator and/or APGAKUM.
           8. Based on the Bank's consideration and/or Bank's internal policy, the business relationship cannot be continued, by notifying the Customer of the reasons thereof, to the extent that there are no laws and regulations prohibiting such notification.
        2. Upon the Account closure, then:
           1. The Customer is obligated to pay the fees payable and/or administration fees for the account closing to the Bank and to return the facilities provided by the Bank.
           2. The Bank will pay the remaining funds (balance) in the Account (if any), after first deducting all obligations of the Customer to the Bank including but not limited to the administrative fees for Account closing and other fees including outstanding transactions related to the Customer’s Account.
  2. Time Deposits
     
     1. The minimum amount and interest rate applicable to each Time Deposit are determined at any time by the Bank. Changes in the minimum amount and interest rates will be informed through the communication media facility deemed appropriate by the Bank.
     2. The Bank will issue a Time Deposit confirmation stating the deposit placement information. This confirmation only serves as proof of placement of the Time Deposit and does not serve as an ownership document.
     3. Withdrawal/disbursement of the Time Deposit is only effectively valid on the maturity date. At the request of the Customer, withdrawal before the maturity date of the deposits shall only be made with prior approval from the Bank based on the following conditions:
        1. The Bank is not required to pay any interest on the time deposit; and Interest that has been already paid will be deducted from the principal amount of the funds deposited.
        2. The Customer is subject to a penalty/fee, the amount of which is in accordance with the provisions applicable in the Bank.
     4. The Bank has the right to approve or reject the extension or renewal of the Time Deposit by notifying the Customer of the reasons for the rejection, to the extent that there are no laws and regulations prohibiting such notification.
     5. The Time Deposit that is due on official holidays or weekends will be paid on the next Business Day.
     6. If a Time Deposit is used as collateral for any responsibility or liability to the Bank, the Time Deposit cannot be withdrawn, assigned, transferred, or otherwise put as collateral without prior written approval from the Bank.
  3. Joint Account
     
     1. Joint Account can be operated with the authority of a single signatory (one of the Customers) or jointly of all Joint Account holders in accordance with the provisions of the Bank.
     2. If one of the Joint Account holders dies, the Joint Account can no longer be operated and must be closed by heir(s) or the lawful proxy of the heirs of the Joint Account holder who died together with the other Joint Account holder which is still alive. However, if the two Joint Account holders die, the account must be jointly closed by the heir(s) or their lawful proxy of the Joint Account holders by previously submitting documents in accordance with the provisions applicable in the Bank.
     3. If one of the Joint Account holders is declared bankrupt based on a decision of a court of law, the operation of the Joint Account must be carried out with the signature of the appointed receiver of the Joint Account holder who was declared bankrupt and other Joint Account holder(s), in accordance with the provisions applicable in the Bank.
  4. Third Party Products
     
     1. Third party products and services which are not products and services of the Bank shall include but not limited to investment products and insurance products. The Bank shall only act as distributor and offer the products or services to the Bank’s Customers.
     2. The Bank shall not be considered liable for the performance of other parties' products or any losses incurred thereof, which are distributed by the Bank and the Customer has agreed to purchase or order the same.
     3. In the event that the third party product provides protection or guarantee for the principal amount placed, the Bank is not responsible for such protection and guarantee.
• Terms and Conditions for the Bank's Services
  1. Internet Banking and Mobile Banking
     
     1. The Bank provides online services and facilities through internet sites and official applications in the name of the Bank in order that the Customer can carry out banking activities related to services, products, and information from the Bank.
     2. The Customer shall not use and/or give permission to other persons to use banking services and/or information for any activities that violate the laws. The Customer is obliged to notify the Bank if there is a violation of the use.
     3. The Bank will provide to the Customer username, password, token and/or SMS token as well as One Time Password (OTP) code as a security code to execute transactions through Internet Banking and/or Mobile Banking.
     4. The Customer shall maintain the security, arrangement and confidentiality of the user name, password, token and OTP and not disclose the same to any other parties and/or allow the same to be under the control of another party.
     5. The Bank has the right to charge fees related to the use of Internet Banking and/or Mobile Banking services, with reference to the tariff and fees applicable in the Bank.
     6. The Customer may submit an application to the Bank to obtain a token if the token is lost or fails to function (damaged or the battery has run out) in accordance with the provisions applicable in the Bank.
     7. Information on foreign exchange rates on the Internet Banking and/or Mobile Banking is an indicated exchange rate that may change at any time.
     8. Accounts that cannot be accessed through Internet Banking and/or Mobile Banking are Joint Accounts with an "AND" status or other accounts determined by the Bank at a later date.
     9. The Bank accepts and executes every instruction from the Customer as a valid instruction based on the use of the username and token response. The Customer is responsible for the authenticity or validity or authority for the use of the username, PIN token and token.
     10. By conducting transactions through Internet Banking and/or Mobile Banking, the Customer acknowledges that all communications and instructions from the Customer received by the Bank will be treated as valid evidences which if needed can be used either inside or outside the court of law.
     11. The Customer shall be obligated to report unknown transaction as soon as possible (at the latest within 1x24 hours) through Call CommBank since the Customer receives SMS and/or email notification and/or is aware of an unknown transaction.
     12. In case of failure in transaction processing which is not caused by an error of the Bank, the fees that have been debited cannot be refunded.
     13. The Bank with its authority may block the token including but not limited due to reports of losses, customer requests and/or internal reasons of the Bank.
     14. The Bank with its authority may withdraw and/or replace the Customer's token in the event that there is a suspicion of counterfeiting, alteration, modification of the Token device belonging to the Bank outside the standards set down by the Bank.
     15. Special terms and conditions regarding Internet Banking and/or Mobile Banking are contained on the Bank's official website. The Customer is obligated to read and understand the information before using the Internet Banking and Mobile Banking services.
  2. Debit Card
     
     1. The Bank may provide Debit Card facilities to the Customers in accordance with the Bank's product features.
     2. Application for activation and amendment to the Debit Card facility shall be based on an application from the Customer and approved by the Bank.
     3. The Customer may obtain a Debit Card by coming directly to the Bank or the Bank may send the Debit Card to the Customer to the address registered in the Bank’s system. The Customer understands the risks and is responsible for any losses that may be suffered if he/she does not receive a Debit Card that has been sent to the address due to an error in the inclusion of the Customer's address.
     4. The Customer is obliged to change the Personal Identification Number ("PIN") received from the Bank. Everything related to the use of the Debit Card and PIN by the Customer shall be the full responsibility of the Customer.
     5. The Customer is obliged to immediately notify the Bank if the Debit Card is lost and/or damaged and/ or used by other unauthorized persons. As long as notification has not been received by the Bank, the Bank shall not be responsible for any transactions made with the lost Debit Card.
     6. In case of transaction processing error which is caused by the Bank, the transaction that has been debited can be returned. If the transaction processing error is caused by the ATM network operator, the Bank will assist in returning the Customer's transaction in accordance with the provisions of the ATM network.
     7. In case of transaction processing error which is not caused by the Bank, the transaction that has been debited cannot be returned.
     8. The Bank has the right to charge fees related to the use of the Debit Card service, referring to the tariff and fees applicable in the Bank.
     9. The Bank with its authority may block Debit Card including but not limited if there are reports of loss, customer requests and/or internal reasons of the Bank.
     10. The Bank has the right to provide nominal (minimum and maximum) limits per transaction and nominal transaction limits per day (maximum nominal per day), the amount of which shall be determined by the Bank. The Bank may change the transaction limits at any time in accordance with the policies set by the Bank with due observance of Customer service and other factors by previously notifying the Customer through branch offices and/or other media deemed appropriate by the Bank.
     11. Information on foreign exchange rates at ATMs is an indication of exchange rates that can change at any time.
     12. The Commonwealth Bank Debit Card with the Mastercard logo can be used as a payment instrument on e-Commerce transactions. To make transactions on e-Commerce, the Bank will send OTP code. All transactions made using the OTP code, whether used with or without the knowledge of the Customer, however the implementation of which is entirely the responsibility of the Customer. The Bank is not responsible for the failure to send the OTP code caused by the provider network of the cell-phone used by the Customer.
     13. In the event of a transaction disclaimer on a Debit Card transaction not made by the Customer, then:
         1. The Customer shall be obliged to report the unknown transaction and request for blocking the Commonwealth Bank Debit Card as soon as possible through Call CommBank no later than 1 x 24 hours after the Customer receives a notification via SMS and/or email and/or knows of an unknown transaction from the Bank by completing the documents required by the Bank
         2. The Customer shall be indemnified from the cost for replacing the Commonwealth Bank Debit Card as a result of this incident.
         3. Completing the documents and/or information required by the Bank for further investigation purposes.
  3. CommBank e-KIOSK
     
     1. The Customer who meets the criteria as determined by the Bank, shall be entitled to open an initial savings account through the available CommBank e-Kiosk, by filling in or completing information and providing the required documents in accordance with the Bank's internal provisions.
     2. The Customer shall be obliged to have a local/ domestic cell-phone number for the purpose of sending an OTP code and a valid email address for verification purposes.
     3. The Customer shall be entitled to receive Bank facilities including but not limited to Internet Banking, Mobile Banking, and Debit Cards, after the Customer makes an initial deposit.
     4. The Bank has the right to block and/or close the Customer's account if at a later date there is a discrepancy between the data and/or information that is filled out by the Customer.
  4. CommBank Mobile
     
     1. Account Opening
        1. The Customer who meets the criteria as set by the Bank, shall be entitled to open an initial savings account through the CommBank Mobile application available on Playstore (Android) or Appstore (Apple), by filling in information and sending information and/or documents that are required in accordance with the Bank's internal provisions.
        2. The Customer shall be obliged to have an active local/domestic cell-phone number for the purpose of sending OTP code and a valid email address that is needed as a communication and notification media.
        3. Every Prospective Customer who wishes to open an account through CommBank Mobile shall be obliged to go through the verification stage via a video call with a Bank officer.
        4. The Bank has the right to block and/or close the Customer's account if at a later date there is a discrepancy between the data and/or information that is filled out by the Customer. The Customer shall be still charged for the account closure process in accordance with the applicable provisions of the Bank.
     2. Facility Reception and Activation.
        1. A Customer shall be entitled to receive the Virtual Debit Card facility which is automatically activated after the account opening process is complete.
        2. A Customer may apply for Physical Debit Card printing through CommBank Mobile if there is a minimum balance equal to the initial deposit in the Customer's account and if the Customer refuses to receive the Mastercard Virtual Debit Card facility.
        3. Replacement of Physical Debit Card can be done through the bank counter or Call CommBank if the Debit Card is damaged, lost, swallowed or expired.
        4. The Commonwealth Bank Mastercard Physical Debit Card can be used for e-commerce transactions on the next 1 (one) business day after the first transaction at the Commonwealth Bank ATM, Commonwealth Bank Australia Network, ATM Bersama and Prima networks throughout Indonesia or EDC machines at the merchants.
        5. The Mastercard Virtual Debit Card can be used for e-commerce transactions on 1x24 hours after the Mastercard Virtual Debit Card appears in the CommBank Mobile application.
        6. Other provisions with regard to Mastercard and GPN Cards including but not limited to transaction limits, validity periods and other arrangements on the cards shall comply with the ATM terms and conditions and other provisions provided for by the Bank.
     3. Transactions through CommBank Mobile
        1. A Customer can make transactions through CommBank Mobile by filling in or completing the transaction instruction data and OTP code to authorize the Transaction.
        2. The Bank shall accept and execute every instruction from a Customer as a valid instruction based on the use of username, password and SMS of OTP. The Customer shall be responsible for the authenticity or validity or authority of using the username, password and SMS of OTP.
        3. The Bank has the right not to execute the instructions from a Customer for any reason whatsoever including but not limited if the Customer’s balance with the Bank is insufficient and/or because it is contrary to the Terms and Conditions of the Bank and/or the provisions of laws and regulations prevailing in the Republic of Indonesia.
        4. A Customer hereby represents and warrants the accuracy and completeness of the transaction instructions executed and the Customer understands and acknowledges as well as agrees to all responsibilities and risks for any consequences including but not limited to losses suffered by the Customer and/or other third parties arising from incompleteness, unclear of data and/or inaccuracy of instructions from the Customer.
        5. The Bank is not responsible for any losses arising from the use of the CommBank Mobile application that is not in accordance with the instructions contained in the CommBank Mobile application operating manual which is informed by the Bank to the Customer and any losses arising from the Customer's errors in making transactions using CommBank Mobile.
        6. A Customer shall be obliged to ensure that the username and password used for the CommBank Mobile application are not duplicated, shared with others and misused in any form whatsoever by unauthorized persons where the Bank is not obliged to verify the authenticity of the Username and Password used by the Customer in making transactions.
        7. A Customer acknowledges the Bank's ownership over the copyright and other intellectual property rights contained in and inherent to the CommBank Mobile application.
        8. A Customer will not interfere, make any changes, or misuse, or take actions that are against the law in any way whatsoever against all CommBank Mobile applications.
        9. A Customer shall be fully responsible for all costs, damage, losses, liabilities, or any direct or indirect expenses incurred as a result of violations by the Customer of the Customer's obligations with regard to this facility.
     4. The Bank has the right to debit the fees for CommBank Mobile facilities including but not limited to monthly administrative fees and/or outgoing remittance fees and/or certain other transactions made through CommBank Mobile as determined by the Bank.
     5. In the event of a transaction processing failure through CommBank Mobile that is not caused by a Bank error, the fees that have been debited cannot be refunded.
     6. The Bank has the right to determine nominal (minimum and maximum) limits per transaction and nominal limits per day (maximum nominal per day) at any time. The changes to the transaction nominal limits will be notified to the Customer through communication facilities deemed appropriate by the Bank.
  5. Notification via SMS
     
     1. Notification via SMS shall contain information on customer transactions with the Bank.
     2. Notification via SMS may only be used by the accountholder who is registered in the individual account.
     3. A Customer will receive a Notification via SMS related to the Customer's transaction according to criteria determined by the Bank.
     4. All information received by the Customer via SMS is for notification only and cannot be used as valid proof of the Customer's transaction.
     5. The Customer using the services must immediately notify the Bank of any changes to the mobile number and the related operator.
     6. A Customer understands and is responsible for, including but not limited to, any losses or risks or consequences or lawsuits from other parties arising from the use of information from the Notification via SMS sent to the cell-phone number registered by the Customer with the Bank.
     7. The Bank is not responsible for risks or claims from any parties including but not limited to the matters caused by:
        1. Disclosure of confidential customer information received by any party via SMS;
        2. Disclosure of information to the user's cell-phone where the cell-phone is in the hands of others even if together with the user's Customer;
        3. The user’s Customer data, cell-phone, telecommunication equipment or other equipment that is always caused by the use of Notification via SMS by the Customer;
        4. Error on the cell-phone network.
  6. Safe Deposit Box ("SDB")
     
     1. A Customer shall be obliged to ensure the availability of funds in the Account for the purpose of paying SDB usage fees before the SDB lease due date and the Bank will automatically debit the funds. The Customer authorizes the Bank to debit the Customer's Account annually in accordance with the provision of SDB usage fee applicable at the Bank. If the Customer does not fulfil the obligation to pay the SDB usage fee, the Bank has the right to take actions deemed necessary, including but not limited to limiting Customer's access to the SDB box, forcibly opened the SDB and other matters deemed necessary in accordance with the Bank's policies and procedures in this regard.
     2. The period of use and/or leasing of SDB for the Customers is 12 (twelve) months, unless the period of use is extended by the SDB Customers with the approval of the Bank for a mutually agreed period. The Bank may reject the request for an extension of the SDB usage period based on the Bank's internal considerations by giving the Customer a reason for rejection.
     3. The use of SDB for less than 12 (twelve) months shall be subject to usage fees for 12 (twelve) months.
     4. The key security deposit is only paid 1 (one) time at the opening of the SDB facility and such security deposit will be refunded to the SDB Customer at the end of the SDB usage period without interest.
     5. The Bank has the right at any time to exchange the SDB that is being used with another SDB determined by the Bank either in the same branch office or a different branch office due to the need for repairs or other matters deemed necessary by the Bank with notification to the Customer.
     6. A Customer shall be prohibited from making a duplicate of the SDB key and if the SDB key is lost, the Customer shall be obliged to notify the Bank and bear the costs arising from the replacement of the key in the amount of the key security deposit.
     7. If the SDB key is reported to be lost/damaged by the Customer, the SDB will be forcibly opened by the Bank in the presence of the Customer.
     8. A Customer is not permitted to relocate and/or sublease and/or allow anyone other than his/her proxy to use the SDB.
     9. The SDB Customers shall be prohibited from storing flammable or explosive goods in the SDB and/or goods/items that are prohibited by Law/Government. Any losses incurred as a result of violation of this provision shall be the accountability and fully the responsibility of the SDB Customer. The Bank has the right to terminate the period of use of the SDB that has been determined in case of violation of the above provisions and in this case the Bank is not obliged to refund such funds that have been received from the relevant SDB Customer.
     10. The Bank by virtue of its authority has the right to open and/or forcibly open the SDB under the conditions including but not limited to:
         1. The SDB is suspected of storing prohibited goods/items as provided for in point i.
         2. The Customer has outstanding SDB rent.
         3. At the request of the APGAKUM, this is preceded by a request for blocking and/or confiscation under the prevailing law.
         4. Transfer to another branch office in the case of relocation and/or closure of the branch office.
     11. Termination of SDB services
         1. The Customer may terminate the SDB lease period at any time by notifying the Bank in writing before the expiry of the lease period.
         2. The Bank may terminate the SDB lease period and request that the SDB be returned in an empty state together with the keys at any time by notifying the reason thereof to the Customer, as long as there are no provisions of laws and regulations prohibiting such notification.
         3. In this case, the Customer and the Bank hereby agree and waive the provisions of Article 1266 of the Indonesian Civil Code.
     12. The Bank is not responsible for any events, conditions, and/or damage to the SDB that occur outside the Bank's control (Force Majeure) which results in damage/loss/destruction of goods stored in the SDB including but not limited to floods, fires and earthquakes. Therefore SDB Customer indemnifies the Bank from all claims for that event.
     13. If the SDB Customer dies, the rightful owner of his/her SDB will be the legal heirs according to the provisions of prevailing laws and regulations. And the SDB lease period is over.
  7. Cheque/Bilyet Giro
     
     1. At a Written request or otherwise as determined by the Bank, a Customer may ask for a Cheque/ Bilyet Giro books.
     2. A Customer shall be responsible for withdrawing Cheque/Bilyet Giro including Cheque/Bilyet Giro obtained from the Bank.
     3. A Customer shall be obliged to provide sufficient funds in the Current Account or special account with a minimum nominal value of the outstanding Cheque/Bilyet Giro.
     4. A Customer will not withdraw bad Cheque/Bilyet Giro for any reason.
     5. A Customer is willing to be sanctioned in the form of freezing the right to use the Cheque/ Bilyet Giro and/or having his/her identity listed in the National Black List (DHN), if he/she makes a bad Cheque/Bilyet Giro that meets the DHN criteria or because his/her Identity has been included in the DHN by another Bank.
     6. A Customer understands and comprehends that the withdrawal of a bad Cheque/Bilyet Giro that meets the DHN criteria is as follows:
        1. Withdrawing 3 (three) or more different bad Cheque/Bilyet Giro with a nominal value of less than IDR 500,000,000 (five hundred million Rupiahs) at the same Drawee Bank within a period of 6 (six) months; or
        2. Making 1 (one) bad Cheque/Bilyet Giro with a nominal value of IDR 500,000,000 (five hundred million Rupiahs) or more.
     7. A Customer shall be obliged to refund the remaining Cheque/Giro Bilyet to the Bank if the right to use his/her Cheque/Bilyet Giro is frozen, the Customer's Identity listed in the DHN or the current account closed at his/her own request.
     8. A Customer shall be obliged to fulfil his/her obligation to settle the bad Cheque/Bilyet Giro, the fulfilment of which shall be made within a period of 7 (seven) Business Days after the date of dishonour.
     9. Referring to the provisions of point 'h', a Customer shall be obliged to report and attach/ enclose the determined supporting documents to the Bank no later than 10 (ten) business days after the date of dishonour, if the fulfilment of the obligation to settle the dishonoured Cheque/Bilyet Giro is done outside clearing.
     10. A Customer is willing to be charged a fee in accordance with the applicable provisions, for each request for cancellation and rehabilitation of the Customer's DHN Identity to Bank Indonesia.
     11. A Customer is willing to have his/her Current Account closed if the Customer withdraws the Dishonoured Cheque/Bilyet Giro within the period of the imposition of DHN sanctions or other reasons agreed upon in the opening of the Current Account. With the closure of the account, the Customer shall be obliged to fulfil the requirements as stated in the terms and conditions of the Cheque/Bilyet Giro.
     12. A Customer understands that all claims and/or legal consequences arising from the withdrawal of the Cheque/Bilyet Giro made by the Customer shall be the responsibility of the Customer.
     13. A Customer understands and agrees to comply with the prevailing laws and regulations regarding Cheque/Bilyet Giro, including but not limited to the laws and regulations regarding the signing of Cheque/Bilyet Giro, full payment of stamp duty, and withdrawal of Cheque/Bilyet Giro.
     14. In the event that the Current Account is a joint account, all legal consequences arising from the withdrawal of Cheque/Bilyet Giro made by the signatories authorized by the Customer, where the withdrawal meets the DHN criteria shall be the responsibility of the Customers jointly and severally.
     15. The Bank based on internal considerations can suspend the right to use the Cheque/Bilyet Giro or close the Current Account even though the Customer Identity is not listed in the DHN.
     16. In the event of a dishonour and a freeze in payment for lost Cheque/Bilyet Giro, then:
         1. The Bank has the right to dishonour a Cheque/ Bilyet Giro that fulfil one or more reasons for the dishonour as determined by the Bank Indonesia.
         2. Blocking of lost Cheque/Bilyet Giro may only be accepted by the Bank at the request of the Customer in accordance with the Bank's internal regulations.
         3. A Customer understands the consequences and risks as well as is responsible for legal risks arising from the dishonour of the dishonoured Cheque/Bilyet Giro.
• Miscellaneous Provisions
  1. Account Blocking and Debiting
     1. Upon written request from APGAKUM, including but not limited to authorized officials and/or agencies, in accordance with regulations, the Bank has the right to block the Customer's Account including the Joint Account, until there are further written instructions from the authorized officials/agencies to reopen or close the Account and submit the account balance to the authorized officials/agencies or to other parties appointed by the authorized officials/ agencies.
     2. The Bank has the right to block the Customer's Account, if:
        1. The Bank has received information that the Customer who has the account has died, but the Bank has not yet received the required documents in accordance with the Bank's internal policy to close the account.
        2. Based on the Bank's consideration in order to implement the Bank's prudential principle that the blocking action is a security measure for the Customer's assets or other reasons based on the Bank's internal considerations and/or as may be determined from time to time by the Regulator and/or APGAKUM.
        3. The Customer authorizes the Bank to block the Customer's Account in the event that there is a suspicion of fraud, reports of alleged criminal acts or other actions that contravene the laws and regulations.
        4. The Bank has the right to block or deactivate an Account if the Customer does not provide correct information/does not update the data in accordance with applicable provision.
     3. The Bank may block the Account based on Customer's instructions on the grounds of the Customer's own consideration to block the funds existing in the Account, so that the Account cannot be used until there is a request or written instruction to unblock the account from the Customer or a forceful legal decision.
     4. As long as the Account status is blocked, the Customer cannot make a debit transaction, with the exception of transactions related to the fees mentioned below can still be made:
        1. Payment of interest
        2. Payment of tax on interest
        3. Imposition of stamp duty for Reports
        4. Imposition of administrative fees and service fees
     5. The Bank will immediately notify the Customer if the Bank finds an error that affects the Customer's Account balance. The Bank has the right at all times and shall be obliged to make corrections to the errors made by the Bank both in terms of crediting or debiting an impacted Account that is caused due to a mistake of a Bank staff or a disturbance in the Bank system.
  2. The Customer Dies
     1. If a Customer (individual) dies, the Customer's account must be closed/disbursed. The closure of Account must be made by (the heirs) or successors according to the provisions of the applicable law and the funds in the Account will be paid to the heirs or successors in accordance with the provisions applicable in the Bank.
     2. If a Customer (individual) dies, the Bank has the right to ask the heirs for supporting documents and the heirs or the lawful proxy must provide the supporting documents in accordance with the provisions of the Bank.
  3. Notification
     1. The Bank will notify the Customer through communication media deemed appropriate by the Bank.
     2. Every notification made by the Bank to the Customer, shall be in accordance with the applicable provisions, if there is no objection from the Customer until the time limit specified in the notification, the Customer is considered to agree with the contents of the notification and subject to the rights and obligations as provided for in the notification.
  4. Change
     1. The Customer shall be obliged to immediately inform the Bank of any change in identity, including but not limited to changes in name, address, telephone number, and/or TIN, signature and other matters that are different from the information/data/ description available at the Bank, in accordance with Bank’s provisions. As long as the Bank does not receive notification of such changes, all transactions will be made based on the data available in the Bank and which has been declared valid.
     2. Every notification/instruction of the Customer as referred to in point 4.a above shall be binding on the Customer, and therefore the Bank will make the transaction according to the Customer's notification/instruction as long as the signatory of the notification/instruction has the right and authority to make such changes.
     3. The Bank has the right to make changes at any time to the internal provisions of the Bank. Such changes will be informed through communication media deemed appropriate by the Bank.
     4. For changes in benefits, costs, risks, and terms and conditions, the Bank will notify the Customer no later than 30 (thirty) business days prior to the enactment of the provisions.
     5. Without prejudice to the laws or regulations or legal provisions prevailing in Indonesia, the Bank has the right at any time without the obligation to make prior notification to the Customer to make changes to the applicable Terms and Conditions.
  5. Language
     These General Terms and Conditions of the Bank shall be made in Indonesian language and English, in the event of a difference in interpretation of these Terms and Conditions between Indonesian language and English, the Indonesian language will be used as an official (legal) document.
     
  6. Subcontracts and Collecting Agents
     1. The Customer agrees that the Bank may transfer or subcontract the provision of any part of the services provided to the Customer to any third parties including to other companies that establish cooperation with the Bank, regardless of whether the third party operates within the jurisdiction or other jurisdiction. The Bank remains responsible to the Customer if it can be legally proven for any damage or loss that can be recovered that is borne or suffered by the Customer as a direct result of real negligence, violation or intentional error of a third party and to require that the third party maintain the confidentiality of the Customer's information is within the same limits as those applied to the Bank.
     2. The Bank has the right to use a collecting agent and/or any third parties to collect any overdue liabilities or amounts that have not been settled by the Customer. The Customer will continue to indemnify and provide compensation to the Bank for costs and expenses (including but not limited to the Bank for the cost of using the collecting agent and/or any other third parties as well as other expenses) which is a reasonable amount and is reasonably borne by the Bank for requesting, collecting, claiming or recovering such overdue liabilities or amount.
  7. Special Rules and Provisions
     These General Terms and Conditions of the Bank do not prejudice the special rules and provisions that apply at any time for each product and/or service provided by the Bank to the Customer. Therefore, the Customer is also bound by each of these special rules and provisions. In addition, the Bank also has the right to ask the Customer to sign additional documents deemed necessary by the Bank so that the Bank can provide the products and/or services related to these documents to the Customer
     
  8. Confidentiality
     1. The Bank will take reasonable precautions in ensuring that information, complete information or data relating to the Customer, his/her account, transactions and persons authorized by the Customer ("Information On Customer") remain confidential and will not be disclosed to other parties without any written approval from the Customer, except in the event that the Bank is required to disclose Information On Customer to any party required by the law, court ruling, government agency or other authorized party including but not limited to correspondent banks, or any third parties that establish  cooperation with the Bank (both inside and/or outside the territory of the Republic of Indonesia)
     2. By agreeing to use Customer's data in the Account opening application, the Customer is aware of, approves and permits the Bank along with all Bank employees and agents as well as other parties who have access to records, lists, correspondence, information or material relating to the Account and/or personal information from the Customer both for commercial and non-commercial purposes in connection with the Bank's business activities or in general in order that the Bank can provide its services to the Customer, including but not limited to:
        
        1. Agent, contractor or any third parties as administrative services, telecommunications services, computer services, payment services or other services to the Bank in relation to the Bank's business activities.
        2. Any party (including third party providing services in connection with the use of third party products by the Customer) with a confidentiality obligation to the Bank which has agreed to maintain the confidentiality of the information.
        3. The Drawee Bank, by submitting a copy of the Cheque and/or Bilyet Giro that has been paid (which can contain information about the payee) to the Drawer.
        4. Credit reference agencies and, in the event of a breach of promise, to a debt collecting agent.
        5. The party who has received the transfer (the transferee) or prospective recipient of the transfer from the Bank or participant or sub-participant or recipient of the assignment of rights from the Bank (the assignee) in relation to the Customer.
        6. Market research institutions or agents deemed necessary by the Bank to conduct market research.
        7. Any third parties as deemed necessary by the Bank are limited to legitimate purposes of the Bank.
        8. Other financial institutions both inside and outside Indonesia, especially in relation to crime prevention in the financial sector, including but not limited to money laundering, terrorist financing or other similar unlawful activities.
     3. The Customer is aware that without this approval, the Bank will not provide the data or information for the purposes other than those permitted by the provisions of prevailing laws and regulations and/ or as approved by the Customer.
  9. Force Majeure
     The Bank may suspend the use of any or all Accounts or services as a result of force majeure and will not be responsible for any losses, damages, delays or failures in providing equipment, facilities or other services from the Bank to the Customer to the extent that they arise and/or caused by matters outside the Bank's control, including but not limited to equipment failures, unavailability of telecommunications and/or computer systems and/or services, natural disasters, epidemics, political disputes, national and/or international conflicts, violence or armed actions, disruption to civil society, war, takeover, civil strikes, labour disruptions (also occurring among Bank staff and/or employees themselves), interruption or disruption of operational activities or business of third parties or intermediaries utilized by the Bank, lockout, boycotts and/or orders as well as actions from the government.
     
  10. Representations and Warranties
      The Customer hereby represents and warrants that he/she has understood and agreed to be responsible for the risks and/or losses that may arise beyond the mistakes and/or negligence of the Bank from the following matters, among others:
      
      1. That the Customer, including the heirs and testamentary executors or successors/assignee, understands the risk and is responsible for any legal consequences and/or losses arising from these General Terms and Conditions, including but not limited to:
         
         1. Loss, forgery or misuse of Cheque and/or Bilyet Giro/other withdrawal instruments, Debit Cards
         2. Dishonour of Cheque/Bilyet Giro, closure and/ or blocking of the Account and/or closure of the Debit Card Facility in accordance with applicable provisions.
         3. Submission of the remaining funds (balances) by the Bank to the Customer or other parties designated by the Customer or deemed authorized to represent the Customer based on evidence/documents submitted to the Bank.
         4. Implementation or execution of instructions (including but not limited to instructions by facsimile) from the Customer or other parties designated by the Customer or deemed authorized to represent the Customer based on evidence/documents submitted to the Bank relating to accounts and/or Debit Card Facilities.
         5. Suspension, dishonour or termination of the authority of the Customer (individual) by the Bank to use the Debit Card facility.
         6. Submission of instructions and/or information and/or description relating to the accounts and/or ATM facilities from the Customer (individual) by the Bank to other ATM operators, authorized officials and/or agencies in accordance with the applicable provisions or regulations.
         7. Blocking and/or confiscation of accounts from the authorized agencies.
         8. Breach and/or negligence of the Customer against these General Terms and Conditions.
      2. The Customer is willing to comply with the applicable provisions relating to these General Terms and Conditions including but not limited to regulations regarding the signing of Cheque/Bilyet Giro, cancellation of Bilyet Giro, full payment of stamp duty and other provisions regarding withdrawal of Cheque/Bilyet Giro.
      3. That the Bank has the right to re-debit funds that have been credited if according to the Bank, the Customer is not entitled to the funds including but not limited to Cheque/Bilyet Giro/Bank Draft/ Securities that are suspected of being fake and/or obtained in an illegal way and/or violating the law; subsequently the Customer shall be obliged to refund the funds that have been withdrawn to the Bank no later than 5 (five) business days as of the notification from the Bank to the Customer.
      4. The Customer understands the consequences and is responsible for the risks that arise from each of the Bank's products and services that will be used.
      5. The Bank shall be responsible for loss (whether directly or as a consequence and including, but not limited to the loss of profit or interest) or damages suffered by a party arising from delays in or the Bank cannot process a payment instruction or information or communication or carry out other obligations in its entirety.
  11. Authorization
      1. For the purposes of implementing these General Terms and Conditions, the Customer hereby grants irrevocable substitution authority and power to the Bank, for and on behalf of the Customer:
         1. Each time debiting the Customer's Account in connection with the withdrawal/overbooking/ transfer instructed by the Customer to pay the fees determined by the Bank.
         2. The Customer’s requests and/or instructions submitted to the Bank via telex or facsimile, without prejudice to the Bank's right not to carry out the Customer’s request and/or instructions on the grounds of signing of such request and/or instructions are not the parties who have the right/authority to do so.
         3. Destroying any and all documents (including reports) which within a period of 6 (six) months are not/have not been collected by the Customer.
         4. Closing the Customer Accounts and/or facilities with the Bank because it is deemed inappropriate and violates these General Terms and Conditions.
      2. The authorities as intended in these General Terms and Conditions shall be granted with substitution rights and as long as there is a Customer's obligation to the Bank that has not been fulfilled, these authorizations cannot be revoked or will not expire for any reason whatsoever including but not limited to causes that are referred to in the provisions of articles 1813, 1814 and 1816 of the Indonesian Civil Code.
      3. The Customer understands the consequences and is responsible for all power, authority and actions granted and taken by the Customer through the Form and/or other documents to the Bank.
      4. The Customer hereby grants power/authority and approval to the Bank to take action against the Customer's Account by notifying the Customer in advance, as long as there are no laws and regulations prohibiting such notification including but not limited to rejecting the transaction, cancelling the transaction and/or closing the business relationship with the Customer due to the following matters:
         1. The truth is known to be in the form of a Shell Bank and/or a bank that allows its account to be used by Shell Bank.
         2. Having a source of transaction funds that is known and/or appropriate for allegedly originating from a criminal offense.
  12. Suspicious Transactions/Transactions that is not in accordance with Profiles
      1. The Customer understands and agrees that the Bank may refuse to process the transactions for an Account; or hold funds in an Account and limit the Customer's right to withdraw from an Account, if the Bank suspects that there are violations of these General Terms and Conditions and/or an act of fraud, legality or untruth in the transaction or funds.
      2. The Customer acknowledges that the Bank is subject to financial crime laws, including but not limited to corruption and money laundering laws prevailing in Indonesia and internationally and the Bank has implemented an internal policy to ensure compliance with these laws and regulations. For the above purpose, the Customer hereby agrees to provide:
         1. Any information requested by the Bank to comply with these laws and regulations, including but not limited to name, address, age, gender, personal identification, income, occupation, assets, liabilities, source of wealth, purpose of opening an Account, investment objectives, every financial plan or other information related to the financial of the Customer and, if the Bank requests the same, the Customer also agrees to update any such information; and
         2. Approval to the Bank to disclose any and all information related to the Customer and/or Account to every agency tasked with handling financial crimes.
      3. The Bank shall be obliged to comply with laws, regulations and requests from public authorities and regulators from various jurisdictions related to the prevention of financing, including terrorists and convicted persons financing. This matter may require the Bank to stop and investigate any payment instruction and other information or communication sent to or by the Customer or on behalf of the Customer through the Bank system, where this process involves requesting further information about whether a name can refer to the person mentioned or who received the sentence actually refers to that person.
  13. Transaction Verification
      1. Verification of each transaction related to the account and/or facility shall be adjusted to the applicable signature specimen and other documents that can be received by the Bank and recorded with the Bank.
      2. The Bank by virtue of its authority may ask the Customer to show the Customer’s Identity in the form of the original KTP-el/passport or other forms as requested by the Bank.
  14. Conversation Records
      In providing its services, the Bank has the right to record instructions but not limited to verbal agreements received from the Customer and/or an oral communication between the Customer and the Bank in connection with such services.
      
  15. FATCA and CRS
      1. The Customer understands and agrees that if the Customer is a tax subject based on the Foreign Account Tax Compliance Act ("FATCA") and/or Common Reporting Standard ("CRS"), the Customer shall be obliged to complete every document and/or form and/or information required by the Bank related to FATCA - CRS.
      2. If the Customer's status changes to a tax subject of FATCA and/or CRS, the Customer shall be obliged to submit this matter to the Bank within a period of 30 (thirty) calendar days after the change in status.
  16. Special Terms and Conditions on Tax Requirements
      1. The Customer authorizes the Bank to disclose information regarding the Customer's taxation to the relevant taxation authorities both in Indonesia and outside Indonesia.
      2. The Customer is willing to cooperate fully in the investigation that the Bank may conduct in terms of complying with every regulation/law. In this case the Customer must immediately provide all information and/or details and/or documents needed in the investigation process.
      3. The Customer understands and comprehends that any amount that the Bank may pay to the Customer will be subject to all prevailing laws/regulations, including requirements for income tax, foreign exchange restrictions or controls. In this case the Customer understands that the loss caused by withholding, retention or depositing of money shall be entirely the responsibility of the Customer.
      4. The Customer agrees that the Bank has the right to take actions that the Bank deems necessary to fulfil any obligations, both domestic and foreign taxation, relating to the prevention of tax evasion, including but not limited to investigation and retention of payments to and from Customer's accounts, source investigations or the recipient of the relevant funds, providing information and documents to the tax authorities. The Bank, by virtue of its internal considerations, may refuse to make Customer transactions.
  17. Others
      1. These General Terms and Conditions and all legal consequences thereof shall be subject to the laws prevailing in the Republic of Indonesia
      2. If the Customer does not comply with his/her obligations under these General Terms and Conditions, and if the Customer's actions or the Customer fails to take an action that cause or contribute to the loss of the account (losses in any form, taxes, expenses, fines, fees or penalties, suffered or issued by or submitted to the Bank), then the Customer agrees that the Bank has no responsibility against the Customer related to such loss.
      3. The Customer acknowledges that the Bank shall be responsible for the Customer only limited to real direct losses of the principal amount that is wrong or wrongly withdrawn from the Account that is legally proven to be caused by the Bank's negligence or an unintentional error.
      4. The Bank may at any time transfer or assign any or all of its rights and obligations under these General Terms and Conditions to any party where the Bank will notify the Customer of such transfer or assignment as long as it does not conflict with the provisions of prevailing laws and regulations.
      5. All authority granted by the Customer to the Bank under these General Terms and Conditions shall be as follows:
         1. Irrevocable.
         2. Allow full substitution rights.
         3. Permit the full representation of the Customer, anywhere and to anyone, in all matters and acts with regard to the granting of such authority.
      6. If a provision in these General Terms and Conditions is declared or determined to be unlawful, invalid or unenforceable under the prevailing laws, then such unlawfulness, invalidity, or unenforceable terms and conditions will not affect the other provisions of these General Terms and Conditions and therefore these other provisions will remain in full force and effect.
      7. The Bank and the Customer waive the provisions of Article 1266 of the Indonesian Civil Code but only to the extent that a court verdict is needed to terminate the Terms and Conditions between the Bank and the Customer.
      8. With regard to these General Terms and Conditions and all the consequences thereof, the Customer and the Bank choose a permanent and general place of legal domicile at the Clerk's Office of the Court of First Instance at the Bank’s place of domicile, however, without prejudice to the Bank's right to file a lawsuit to the Customer before another court of law.
      9. The Customer agrees that the Bank does not facilitate and has the right to cancel transactions relating to countries included in the list of international sanctions caused by terrorism or unlawful acts, and/or other parties suspected of having links with acts of terrorism and acts against the law under the provisions of prevailing laws and regulations.
      10. Disputes that may arise with regard to the matters as stated in the Form, Terms and Conditions, as well as other supporting documents will be resolved or settled through deliberation or discussion leading to mutual consensus and if after 30 (thirty) business days as of the dispute settlement through deliberation or discussion leading to mutual consensus is not reached, therefore the Parties have agreed to settle all differences in interpretations or disputes arising through a Court of Law and for this purpose the parties choose a permanent and general place of legal domicile at the Clerk's Office of the South Jakarta Court of First Instance in Jakarta.
      11. This agreement has been adjusted to the provisions of the existing laws and regulations including the provisions of the FSA regulations prevailing in the Republic of Indonesia.
      12. The Customer hereby declares that he/she has read, understood and agreed to the General Terms and Conditions governing the Products and Services that are owned by the Bank which can also be accessed through www.commbank.co.id. If there are any additions, changes and/or updates to the applicable Bank's General Terms and Conditions, the Bank will inform the Customer in advance through the website, electronic mail (e-mail) or other communication media no later than 30 (thirty) business days before the intended additions, changes and/or updates are effective.