Terms & Conditions

Terms & Conditions

Definition and Interpretation
1. Definition
  In these Terms and Conditions, unless their meanings are otherwisedefined in the sentence, the following meanings:
  1. Bank refers to PT Bank Commonwealth.
  2. Customer means an individual or entity that has account(s) with the Bank and/or uses any of the banking facilities/services provided by the Bank.
  3. Account means the Customer’s deposit in the form of a current account (rekening giro), savings account (tabungan), and/or other accounts that have been or will be opened later by the Customer at the Bank.
  4. Business Day means any day, other than Saturday or Sunday or an official holiday, on which the Bank is open for business in Indonesia.
  5. Business Day means any day, other than Saturday or Sunday or an official holiday, on which the Bank is open for business in Indonesia.
  6. Automated Teller Machine (“ATM”) means any of the Automated Teller Machines owned/managed by the Bank as well as those owned/managed by other banks that have entered into a cooperation agreement with the Bank, which may also be used by the Customer for certain transactions.
  7. ATM Card means a card with a magnetic stripe and/or chip provided by the Bank to the Customer, which can be used on the ATMs and/or EDCs.
  8. Electronic Data Capture (“EDC”) means computer hardware or terminal that may take the form of a cash register or debit/credit verification terminal that can read information on the card’s magnetic tape and/or chip cards and used to conduct banking transactions by the Customer via the Teller counter.
  9. SMS is a Short Message Service (“SMS”), which is delivered to the Customer via a cellular telephone provider that is registered by the Customer.
  10. SMS Alert means a service provided by the Bank to serve a notification on the Customer via SMS facility.
  11. Internet Banking is a service provided by the Bank to the Customer which enables the Customer to have transactions through the internet network.
  12. Mobile Banking is service provided by the bank to the customer which enables the customer to have transactions through the mobile communication device.
  13. Electronic Advice (E-Advice) means a proof of transaction issued by the Bank system after the Customer conducts a financial transaction at the Bank’s Teller counter.
  14. Individual Product and Service Form is a form that should be filled, completed, and signed by Customer who needs to use the facility of the Bank.
  15. Cut off Time is the maximum time of the Bank to execute the transaction on the same day (D-0).
  16. Law is the law for this Terms and Conditions that is the law of Republic Indonesia.
  17. Banking is a service given by Bank to customer, which enable customer to do transaction via mobile device communication.
  18. Safe Deposit Box (SDB) is a box rental services to keep property or certificates which design specifically from steel and placed in secure, strong and fireproof room to guard the safety of property and certificates stored and give convenience for the user.
  19. Master Key is primary key which is used to lock or open SDB room.
  20. Counter is teller counter which is located in Bank’s branch.
  21. Fees and charges are rate list and fee charges to customers for Bank product and services.
  22. Re-Issue is the process to obtain new ATM number caused by customer ATM holder forget the existing PIN.
2. Interpretation
  1. The headings or titles used herein are for convenience only and shall be disregarded in interpreting the contents, purposes and objectives of the provisions contained in the articles of these Terms and Conditions.
  2. A word or term written in the singular shall also be construed to include the plural and vice versa.
General Provisions for Banking Products
1. Accounts
  1. Account Opening
    1. The Customer may open an account at nearest branch by completing the Application Form for Account Opening (“Account Opening Form”) and submitting copy of Identity Card and other documents determined by the Bank.
    2. The Customer may open an account at nearest branch by completing the Application Form for Account Opening (“Account Opening Form”) and submitting copy of Identity Card and other documents determined by the Bank.
  2. Interest Rate
    1. Interest Rate of saving and current accounts might be changed every month in accordance with Bank's policy.
    2. Any change in interest rate of saving and current accounts will be Informed to the Customer by communication media facility
  3. Deposit Payment and Fund Withdrawal
    1. Deposit Payment
      
      Deposit payment can be made in cash or non-cash, via transfer from another Account at the Bank (“intrabank transfer”) and/or transfer from another bank (“interbank transfer”)
      
      Deposit payment through the Bank’s counters will be effective only if the deposit slip has been validated (evidenced by a printout from the Bank system) and endorsed by the Bank’s officer.
      
      Deposit payment through intrabank transfer and interbank transfer is considered good only after the Bank has received the funds properly and in accordance with applicable regulations set by the Bank.
      
      Deposit payment in a Foreign Currency (“Forex”) is subject to the prevailing fees/commissions and the applicable exchange rate published at the Bank at the time the transaction is recorded, and charge will be imposed in accordance with the provisions of the Bank. Where the foreign currency exchange/Cross Currency against the rupiah should not be more than predetermined limit per month or the equivalent of the entire banking system in Indonesia to the extent permitted by the prevailing laws, government regulations, including Bank Indonesia regulations (the “Government Regulations”) and the applicable provisions existing at the Bank.
      
      The Bank is not liable for any loss, damage or liabilities incurred by or for the account of the Customer, whether as a result of Government regulations, judicial decisions, tax levies, foreign exchange restrictions or other actions that may be taken by the Government, all of which shall be at the risk and expense of the Customer.
    2. Fund Withdrawal
      Withdrawals of funds, either cash or non-cash, can only be made as long as (i) balance in the Account is sufficient, (ii) meet the minimum balance requirement, (iii) executed by authorized signatories, (iv) for any withdrawal in a foreign currency, the withdrawal is subject to the availability of such currency on the market and (v) the Bank shall only be obliged to process the withdrawal/intrabank transfer/interbank transfer from the Customer’s Account in accordance with the Customer’s instructions/withdrawal/intrabank transfer/interbank transfer request from the Customer or his/her lawful proxy (based on a valid power of attorney from the Customer) with the following provisions:
      
      Solely for Savings Accounts
      Cash withdrawals from savings accounts may be made by the Customer through the bank counter using the withdrawal slip provided by the Bank with due observance of the provisions applicable within the Bank.
      
      Solely for Current Accounts
      
      Cash withdrawal or intrabank transfer orders or interbank transfer orders from a Rupiah current account can be made by the Customer using a cheque, Bilyet Giro, or by other means of withdrawal/intrabank transfer/interbank transfer as provided by the Bank and approved by the Bank.
      
      In the event the Customer issued a bad cheque and/or Bilyet Giro, then in accordance with the provisions of the applicable law, the Bank shall report such violation to Bank Indonesia, and this may lead to the inclusion of the Customer in Bank Indonesia Blacklist. The Customer hereby declares that it does not object to having its current account and its name included in Bank Indonesia Blacklist, where the process of closing subject to the Bank’s Terms and Conditions.
      
      Fund blocking on Current Account
      
      Fund blocking on Current Account will be conducted on the Current Account of customer who applies for cheque book / bank draft
      
      Fund blocking on Current Account is released when account will be closed after customer no longer has cheque book / bank draft facility
    3. Fee Charged
      
      Associated Fees
      Fees related to the saving products include:
      
      Monthly administration fees for savings account and/or current account.
      
      Below the minimum account balance fees as determined by the Bank.
      
      Foreign currency cash withdrawals fees.
      
      Account closing fees.
      
      ATM card and/or internet banking/mobile banking administration fees.
      
      Transactions Fees through ATM card and/or Internet Banking/Mobile Banking.
      
      Transactions Fees through Bank’s teller counter.
      
      Cheque book and/or bilyet giro fees.
      
      Withdrawal Fees
      
      Bank is entitled to withdraw the fee from the customer’s account by the end of every months
      
      Withdrawal charges made by the bank will be done at the end of the month when customer’s book balance is sufficient, even when the status of the account is inactive/dormant.
      
      Hold Balance is unable to be debited by customer for transaction unless initated by the Bank
    4. Account Statement
      
      The Bank will record, book and print out all transactions of deposits and withdrawals of funds in the Current Account/Savings Account Statement (“Statement”), which will be delivered or mailed to the Customer in accordance with the applicable provisions of the Bank.
      
      The Customer agrees that if within a period of 7 (seven) business days from the date of the Statement received, no objections are raised by the Customer, then all the transactions contained in the Statement shall be deemed true and correct.
      
      The Bank reserves the right to make corrections at any time if there is an error in the calculation/recordation of the Customer’s Current Account/Savings Account without penalty, upon the correction, the balance of the Current Account/Savings Account turns out to be insufficient, then the Bank shall be entitled to debit the Customer’s other account(s) existing at the Bank and/or demand payment of the shortage from the Customer. The Customer agrees to fully pay the shortage to the Bank immediately on first demand.
      
      The Bank will send the Customer an Account Statement periodically in accordance with the applicable provisions within the Bank.
      
      The Bank shall not print out and send the Account Statement to the Customer in the event of the following:
      
      The Account Statements delivered to the Customer are returned to the Bank for three consecutive months.
      
      The Customer is provided with a passbook or e-statement as a means of providing the Customer with the transaction records.
      
      The statement will be mailed to the Customer’s addresslisted on the Bank system, and will be delivered in accordance to the applicable provisions in Bank.
      
      If the Customer does not receive the statement, the Customer could come to the branch to reprint the monthly statements and pay the cost of reprint the Statement.
    5. Rejection and blockage of lost Cheques/Bilyet Giro
      
      The Bank reserves the right to reject any Cheque/Bilyet Giro that meets any one or more of the grounds for rejection as stipulated by Bank Indonesia.
      
      The blockage of any lost Cheque/Bilyet Giro shall only be executed by the Bank based on the Customer’s demand on condition that the Customer shall have filled out and signed the form provided by the Bank (“Instruction”) with the following provisions:
      
      The Instruction must be accompanied by an original copy of a Police Certificate of Loss. Any Instruction received by the Bank after 13.00 will be executed on the next business day.
      
      The Period of validity of this Instruction shall be 70 (seventy) calendar days from the date of issue of the lost Cheque/Bilyet Giro.
      
      The Customer must immediately provide the Bank with a written notice of the loss by mentioning the number of any such lost Cheques/Bilyet Giro and the original Police Certificate of Loss, if such Cheque/Bilyet Giro that has been blocked is later discovered/destroyed/returned.
      
      Any loss incurred as a result of a delay in the submission of the notice by the Customer shall remain to be at the risk and expense of the Customer.
      
      The Customer indemnifies the Drawee Bank against all legal actions arising from any legal consequences from the rejection of any bad Cheques and/or Bilyet Giro.
    6. Dormant Account
      
      The Customer account that did not have any debit transactions (not include withholding tax, stamp duty and other Bank charges) for 6 (six) consecutive months, will be identified as “Dormant/Inactive Account”.
      
      To avoid the occurrence of illegitimate transactions, “Block Debit” status will be applied to dormant accounts automatically by system. However, all bank charges are still applicable for those dormant accounts.
      
      Dormant account activation could be performed based on customer request to the branch, customer performs transaction at ATM machine or by the request of the Bank (related unit) in relation with charges debit / customer’s responsibility to the Bank or internal or external PTBC product placement and/or redemption.
      
      Dormant account activated by the Bank (related unit), in relation with customer instruction related to cheque/gyro clearing and to subscribe and/or to redeem PTBC internal and external product, is permanently (does not have to be re-block), due to customer product placement is processed by the Bank and verification has been performed. Moreover, the placement is based on the customer’s request. Branch still has to monitor dormant accounts, which have been activated by other unit.
      
      Bank may close the Dormant Account, with one or both conditions below :
      
      Bank had already received a confirmation from the Customer that Customer would like to close the account.
      
      Dormant Account have a zero balance or balance less than account closing fee/monthly administration fee/below minimum average balance fee.
      
      Dormant account can be activated by doing debit transaction from Internet/Mobile Banking and ATM Commonwealth Bank, Prima and Master Card Networks.
    7. Account Closure and Liquidation
      
      Accounts can be closed by the Customer or by the Customer’s proxy (based on a valid power of attorney from the Customer) through the Bank counter.
      
      For such purpose, the Customer shall perform the following acts:
      
      Return the remaining Cheques/Bilyet Giro (for Current Accounts) and the ATM cards (if any) no later than 14 (fourteen) business days from the date of closing of such Current Account.
      
      Not withdraw the remaining funds existing at the Bank by using a Cheque/Bilyet Giro.
      
      Pay the administration fees for the Account closing.
      
      Provide funds equal to the amount required to pay all transactions relating to the Current Account/ Savings Account that have not been settled, including all fees and charges that may arise (if any).
      
      Provide the Bank within a period of not later than 14 (fourteen) business days from receipt of this letter with a written notice of the Account number to which the remaining funds (balance) shall be transferred by the Bank (if any).
      
      The Bank shall pay the remaining funds (balance) (if any) into the Account, after first deducting all obligations of the Customer to the Bank including but not limited to the administration fees for account closing and other fees, including any amounts of transactions relating to the account that have not been settled by the Customer.
      
      The Customer indemnifies the Bank against all liabilities, damage, claims and/or any legal consequences and/or losses arising from the Bank’s rejection of the remaining Cheque/Bilyet Giro sheets/books.
      
      The Customer acknowledges and accepts that the Bank (without any obligation to provide a prior notice to the Customer) will:
      
      Block the Customer’s right to use the Cheques and/or Bilyet Giro and/or include the Client’s name in the National Blacklist (“DHN”, Daftar Hitam Nasional), in the event of the following:
      
      The Customer draws bad Cheques (cek kosong) and/or Bilyet Giro in the manner that conforms to the criteria for inclusion in the DHN i.e., drawing 3 (three) or more different bad Cheques and/or Bilyet Giro each with a nominal value of under Rp500,000,000 (five hundred million rupiah) at the same Bank within 6 (six) months, or drawing 1 (one) bad Cheque and/or Bilyet Giro with a nominal value Rp500.000.000 (five hundred million rupiah) or more.
      
      The Customer’s identity has been included in the DHN by another bank.
      
      For other reasons as may be determined from time to time by Bank Indonesia.
      
      Required by the Government.
      
      Close the Customer’s Account, in the event of the following:
      
      The Customer issued a bad Cheque and/or Bilyet Giro while in the sanction period due to its inclusion in the DHN or due to other causes as provided for and agreed in the opening of the Current Account.
      
      No transactions are conducted in respect of the Customer’s Account (passive) for 6 (six) consecutive months and/or the Customer’s balance in its account is equal to or below the minimum balance determined by the Bank.
      
      The Customer of the Current Account is included in DHN.
      
      The Bank is required to close the Customer’s Current Account/Savings Account by virtue of the Government Regulation.
      
      There are things or events which, according to the Bank, have interfered/will interfere with the Bank’s operation.
      
      The Customer provides the Bank with false information about its personal data and any documentation deemed improper by the Bank, without the obligation of the Bank to first provide any proof thereof.
      
      The Customer passed away (the closing and/or withdrawal of the remaining funds (balance) shall be conducted by its legitimate heirs)
      
      There is a request from the competent authorities/institutions.
      
      Upon the closure of the Account, the Customer is obliged to:
      
      Pay off all of its payment obligations in accordance with the Terms and Conditions of the Bank including but not limited to the due settlement of the Cheque and/or Bilyet Giro that have been drawn.
      
      There is no outstanding Cheque and/or Bilyet Giro of the Customer currently being held by anyone whomsoever.
      
      The Customer agrees to be included or re-included in the DHN, if it is later found that the Customer again draws a bad Cheque and/or Bilyet Giro, which is subject to the sanction of being included in the DHN.
      
      Return to the bank any cheques/bilyet giro (noncashable cheques) that remain unused (if any). If the Customer makes a cheque/bilyet giro after the closure date, the Bank may report the Customer to the authority and this may cause its name to be included in the National Blacklist in accordance with the applicable laws and regulations.
    8. Funds Transfer
      
      Any transfer of funds (“Transfer”) shall be subject to the provisions of the applicable law in Indonesia and shall be done in accordance with the relevant policies and regulations on funds transfer services applicable within the Bank.
      
      Any Customer requesting for this service is responsible for the correctness and clarity of the transfer order and is liable for the risks and losses arising from any error/mistake/lack of clarity of information/data in the transfer order resulting in misinterpretation by the Bank and/or Correspondent Bank.
      
      The Customer understands and agrees that the Bank shall not be liable for any risks that may arise beyond the control of the Bank including but not limited to the following:
      
      Any delay or failure by the correspondent bank or other relevant parties in conducting the transfer.
      
      Any non-transfer by reason of government regulations, whether in the originator’s country or in the beneficiary’s country.
      
      The Bank reserves the right to refuse, cancel or postpone any transfer transaction and shall notify the Customer of the reasons for refusing, canceling, or postponing the transfer transaction.
      
      In the case of non-cash sources of funds, the transfer shall be done only after the Bank receives a sufficient amount of good funds.
      
      Changes or cancellation of transfer:
      
      Any changes or cancellations can only be effected if the Bank has received a written request from the Customer prior to the execution of the funds transfer order or prior to payment of the funds to the beneficiary and if the beneficiary’s bank agrees to make such changes or cancellations.
      
      The Customer shall bear any charges or fees for such changes or cancellations according to the terms and provisions applicable within the Bank.
      
      The funds from the canceled transfer can only be returned to the Customer upon receipt by the bank of the same in good funds, after deducting any costs and charges incurred and the difference in foreign exchange rates.
      
      In the case of transfer by means of bank draft:
      
      The Customer understands and is liabile for any risks that may arise from the issuance of bank drafts or from any misuse of the bank drafts by the Customer or any parties other than the Bank.
      
      The Bank will only stop payment on damaged or lost drafts upon satisfaction of any one or more of the following requirements, including but not limited to:
      
      Application for cancellation signed by the bank draft applicant.
      
      Confirmation from the drawee bank that the draft has not been paid.
      
      Delivery of the original bank draft, either damaged or expired.
      
      Police Certificate, accompanied by a Customer guarantee, in connection with the request to stop payment due to loss of the relevant bank draft.
      
      In respect of the cancelled bank draft, the Bank may issue a replacement bank draft or refund the money after deducting any costs and charges payable by the Customer by reference to the exchange rates and the provisions applicable within the Bank.
      
      The Customer shall be liable for any costs or damage that may arise as a result of the cancellation of the bank draft at the request of the Customer.
      
      Collection of drafts or payment of the transferred funds shall be subject to the provisions and laws of the country in which the drafts will be collected or payments of will be made.
      
      Unless provided otherwise and specifically agreed in writing, the Bank may at its dicretion convert the funds received from the Customer into another currency based on the exchange rate determined by the Bank on the day the funds are received.
      
      The Bank may take any measures deemed necessary by the Bank to issue any drafts or remit funds in accordance with the Customer’s instructions. In doing so, the Bank may, for and on behalf of the Customer, appoint and use the services of a correspondent or any other agent in respect of the transfer.
      
      Any costs and charges incurred by the paying bank at the time of the collection of the draft or payment of the transferred funds shall be paid and borne by either the originator or the beneficiary.
2. Time Deposit
  1. The minimum amount and interest rate that apply to a Term Deposit Account is determined from time to time by the Bank.
  2. Upon the initial placement of time deposit and the subsequent placement of the time deposit, the Bank will issue a confirmation in respect of such time deposit, stating the amount, maturity date, and rate of the interest payable by the Bank at maturity. This confirmation serves only as evidence that a time deposit has been placed and is not intended as a document evidencing ownership. Furthermore, the Bank may send the Customer a renewal advice after the Customer rolls over the time deposit, or the Bank may set out in detail particulars of the Customer’s time deposit in the Customer’s Account statements, as the case may be, in accordance with the Bank’s policy.
  3. The interest rate applicable to the term deposit shall be specified in advance and is generally dependent on the market condition for the currency concerned and the funding needs of the Bank at the time the term deposit is opened or renewed. For the avoidance of doubt, the Bank reserves the right to change the interest rate offered from time to time at the bank’s own discretion.
  4. The withdrawal/closing of the term deposit account must be made upon the written request of the Customer to the Bank and is effective only on the maturity date. At the request of the Customer, any withdrawal of a deposit before its maturity either in full or in part shall only be made with the approval of the Bank under the following conditions:
    1. The Bank is not obligated to pay any Interest on such deposit; and
    2. The Bank shall recover a handling fee and additional fee (subject to the Bank’s policy) to obtain funds on the market for the remaining term of such term deposit and shall not allow any withdrawal prior to its maturity if there is a shortage of funds or when the handling fee exceeds the amount of the deposit.
  5. In order to withdraw a deposit, the Customer is required to sign all the forms provided by the Bank.
  6. Without prejudice to anything in the foregoing, in connection with the requirement to comply with applicable regulations, the Bank reserves the right to close the Customer’s term deposit account at or prior to its maturity without prior notification to the Customer and then credit the funds to the Customer’s Account.
  7. For any Term Deposit Account with automatic renewal facility (Automatic Roll Over), the Bank (without prior notification to or confirmation from the Customer) will renew the deposit term for the same period and with an interest rate prevailing at the time of the renewal, unless the Bank receives a written notification/instruction from the Customer at least 2 (two) business days prior to the maturity of the deposit.
  8. The Bank reserves the right to accept or reject the extension or renewal of the term deposit account.
  9. Any deposit which matures on a public holiday or weekend will be paid on the first business day immediately after the end of the holiday or weekend.
  10. If the term deposit account is offered to the Bank as collateral for any liability or obligation, the deposit account shall not be withdrawn, transferred, assigned or in any way collateralized without the prior written consent of the Bank.
3. Joint Account
  1. A Joint Account is an account operated collectively by more than one customer (“Joint Account”), which can be in the composition of “And” or “Or”.
  2. The Joint Account, in the form of a current account/Savings Account/Term Deposit account shall be operated in the manner as predetermined by the Customer to the satisfaction of the Bank and has been recorded at the bank.
  3. For the Joint Account with the composition of “Or”, the Bank shall execute the process of withdrawal/intrabank transfer/ interbank transfer and the closure only on the basis of the signature of one of the Customers, which has been specified in advance, without having to obtain an approval and provide an advance notice to the other Joint Account owner. The Bank is therefore indemnified against all lawsuits, claims or other legal actions that may be brought by the other Customer owning the Joint Account and/or any third parties, including but not limited to the heir(s) of the Customer.
  4. Any provisions specified in the Terms and Conditions concerning any Accounts and Term Deposits (sections 1 and 2) shall also apply to the Joint Account.
4. Third Party Products
  1. Third-party products and services including but not limited to investment and insurance products do not constitute the Bank’s products and services.The Bank is only acting as a dealer that offers such products and services to the Customer.
  2. Bank shall not be liable for the performance of another party’s products which are distributed by the Bank and agreed to be purchased or ordered by the Customer, or for any loss incurred therefrom.
  3. In the event such third party product provides indemnification or guarantee for the principal value placed, the Bank is not liable for such indemnification or guarantee.
  4. In this case, the Bank is not liable for the performance of any third party’s products and that of the providers of any products or services, including but not limited to any loss of income resulting from the placement of funds by the Customer on the product or service in question.
  5. In connection with the information about any third party’s products including but not limited to mutual fund (reksa dana) and insurance products, the Customer must check with the product/service provider concerned before relying on the information provided.
Terms and Conditions for the Bank’s Services
1. Internet Banking and Mobile Banking
  1. Registration of Internet Banking and Mobile Banking
    1. Any Customers who have accounts and sufficient funds in the Bank are entitled to use Internet Banking and/or Mobile Banking facility provided by the Bank.
    2. To be able to use the Internet Banking and/or Mobile Banking facility, the Customer must have the Internet Banking user identity (“User ID”); email and mobile phone number with local provider. User ID will be provided by the Bank once the Customer has registered to become the user of the Internet Banking and/or Mobile Banking facility and after such registration is approved by Bank.
    3. Customer must have mobile phone number with local provider so his/her able to receive One Time Password (“OTP”) as SMS Token authentication to authorize transaction through Internet Banking and/or Mobile Banking.
    4. The Bank will provide the Customer with a User ID with a predetermined combination of letters and/or numbers with prior approval of the Customer.
    5. The Bank has the right to refuse the Customer’s request for the Internet Banking and/or Mobile Banking Facility for any reason.
    6. Terms and Condition for SMS Token/One Time Password ("OTP"):
      
      OTP will be sent by system to Customer who already have User ID whenever he/she execute transaction through Internet Banking and/or Mobile Banking.
      
      System will only sent to mobile phone number with local provider.
      
      OTP must not be used for purposes other than for transactions through the Internet Banking and/or Mobile Banking as stipulated by the Bank.
      
      Any and all transactions made by using OTP, either with or without the knowledge of the holder shall be the full liability of the holder.
      
      Any complaint and/or rebuttal from the Customer may only be accepted if the complaint and/or rebuttal about the use of the Token is submitted to the Bank within a maximum period of 1 (one) month from the date of the related transaction.
      
      The Bank is not liable for any failure of OTP that caused by network provider from Customer’s mobile phone number.
    7. Terms and Conditions for the Token:
      
      The Bank shall lend the Token to the Customer who already has a User ID if Customer refuse to using confirmation through OTP for any Internet and/or Mobile Banking transaction.
      
      For any Token request, the Token will be given directly to the holder of the relevant User ID and will be charged according to Bank’s Fees and Charges.
      
      The Token is the property of the Bank and shall be returned to the Bank at the request of the Bank.
      
      The Token must not be used for purposes other than for transactions through the Internet Banking and/or Mobile Banking as stipulated by the Bank.
      
      The Bank will provide a PIN for each owner of the Internet Banking and/or Mobile Banking User ID and the PIN must be changed instantly once the token is received.
      
      Any and all transactions made by using the Token, either with or without the knowledge of the Token holder shall be the full liability of the Token holder.
      
      If the Token is lost or stolen or blocked, the Customer must report such loss, theft, or blockage to the Bank, then the Customer must fill out a form provided by the Bank and submit it to the nearest Branch Office of the Bank accompanied by any supporting documents if necessary in accordance with the Bank’s policies. As long as no such notice has been received by the Bank, the Bank shall not be liable for any transactions made using the lost or stolen token. If the Customer wishes to continue using the Internet Banking and/or mobile banking services, the Bank will replace the lost or stolen token, provided that the Customer shall pay a certain fee under the applicable provisions determined by the Bank and that the new token must be given directly to the Customer.
      
      When the token is damaged or its battery is out, the Customer must report it to the Bank, and then the Customer shall fill out the form provided by the Bank and submit the token to the nearest Bank branch office accompanied by the required documents as may be determined by the Bank. During the time such notification has not been received by the Bank, the Bank shall not be liable for any transactions made with the damaged or stolen token. If the Customer still wishes to use the Internet Banking and/or Mobile Banking service, the Bank will replace the Token which is damaged or whose battery is out sub ject to the provisions of applicable fees and the new token shall be given directly to the Customer.
      
      If the Customer intends to discontinue the Internet Banking and/or Mobile Banking Service, the Customer must report it to the Bank, and then the Customer fills out the form provided and specified by the Bank and submits the token in good and working condition to the nearest Bank branch office accompanied by the required documents as may be determined by the Bank. If the token returned by the Customer idamaged or cannot be used, the Customer will be charged a fee for the replacement of the token in the amount as determined by the Bank.
      
      Any complaint and/or rebuttal from the Customer may only be accepted if the complaint and/or rebuttal about the use of the Token is submitted to the Bank within a maximum period of 1 (one) month from the date of the related transaction.
      
      The Bank reserves the right at any time to block, cancel, withdraw, or renew the token if the Customer no longer complies with the terms and conditions applicable to the Token holder.
      
      The Token will be automatically blocked (cannot be used) if the user enters the wrong PIN for 3 (three) times in a row.
      
      If the token and the PIN are not taken within 1 (one) month after the application is filled, then the Token will be taken back by the Bank but the administration fee is still payable by the Token holder. If the Customer wishes to reapply for a token, the Customer is required to register according to procedure existing in the Bank and such application is subject to the procedure for application for a new Token.
      
      The type of facility provided by the Bank shall be in accordance with the facility chosen by the Customer.
      
      The Bank may, at any time upon certain considerations, including but not limited to security reasons, change the operation manual for the Internet Banking and Mobile Banking facilities and will notify the Customer of such changes.
  2. Other Used ID Holders
    1. The Customer must not grant access to the Internet Banking and/or Mobile Banking to any other parties; therefore the Customer is responsible for the confidentiality of its User ID, token and PIN.
    2. The Customer is responsible for any transaction and the Bank is not liable for the unauthorized use of the Internet Banking and/or Mobile Banking using the Token. Therefore, the Customer indemnifies and holds harmless the Bank against any claims and lawsuits that may arise from any loss caused by the loss of the token or unauthorized use of the Internet Banking and/or Mobile Banking.
  3. Internet Banking and Mobile Banking Transaction Accounts
    1. The Account used to obtain information and conduct debit transactions ("Transaction Account") must be previously registered with the Bank to linked with User ID. The types of accounts that can be registered are all types of accounts in the name of the Customer which are opened at the Bank and in accordance with the Terms and Conditions of the Bank.
    2. Accounts that cannot be registered shall be the joint account with a status of “AND” or any other account specified by the Bank later.
  4. Limits
    1. The Bank shall set the limit (minimum and maximum) on the amount for each transaction and the limit on the amount of transaction per day (maximum transaction amount per day), which amount shall be determined by the Bank.
    2. The Bank may at any time change the limit on the transactions in accordance with the existing policy stipulated by the Bank with due consideration to customer service and other factors.
  5. Login/akses Mobile Banking
    In order to have access to the Mobile Banking, the customer must do the followings steps: Download the Mobile Banking Application in the mobile communication devices determined by the bank which can be used by the Customer. The Mobile Banking application is permanently installed until deleted from the mobile device, therefore this step only required single time in advance prior the activation of Mobile Banking.Note: The Mobile Banking Application can be only used in certain type of device. Customer may ask the Bank for information of type of device that applicable for Mobile Banking application.
  6. Transaksi Di Internet Banking dan Mobile Banking
    1. The Customer must complete all the required data for each transaction correctly and completely.
    2. For every transaction, the system will always confirm against the data input by the Customer and the Customer shall have the opportunity to cancel the data by pressing the “Back” or “Cancel” button.
    3. As a sign of approval, the Customer must always enter a Response to authorize any transaction instructions.
    4. Any information that receives the Customer’s confirmation “Send” or “Submit”, which is stored in the Bank’s central data system, shall be deemed as the correct data received as evidence of instructions from the Customer to the Bank for a particular transaction.
    5. The Bank shall accept and execute any instructions from the Customer as a valid instruction on the basis of the use of the User ID, Token and Response, for which the Bank has no obligation to examine or investigate the authenticity or validity or authority of the user’s User ID, PIN and Token, or assess and prove the accuracy or completeness of the instruction, and therefore such instruction shall be legally binding on the Customer.
    6. For transactions with the effective date of today, The Customer may not cancel any such transaction that has been authorized using the Token and has obtained the confirmation “Send” or “Submit” from the Customer, because the Bank immediately processes those instructions.
    7. For transactions with a future date or on a periodic basis, the Customer still can cancel the transaction by authorizing the cancellation of the transaction by using a token, no later than one business day before the effective date. Whether or not the transaction can be canceled shall be subject to the Bank’s internal policies and the applicable law including but not limited to the regulations of Bank Indonesia for the relevant type of transaction and the product related to that type of transaction.
    8. For each successful transaction based on the Customer’s instruction, the Customer will get a proof of transaction in the form of a reference number as proof that the transaction was successfully processed.
    9. The Bank reserves the right to not execute the instructions of the Customer for any reason including but not limited to the fact that the Customer’s balance at the Bank is insufficient and/or that the Customer fails to comply with the Terms and Conditions of the Bank and/or the government regulations and/or policies of Bank Indonesia.
    10. The Customer shall be responsible for ensuring the accuracy and completeness of transaction instructions. The Bank is not liable for any consequences whatsoever including but not limited to losses suffered by the Customer and/or any other third party arising out of incomplete, unclear data/or inaccuracy of the instructions of the Customer.
    11. The Bank is not liable for any loss arising from the use of Internet Banking and Mobile Banking applications that are not in accordance with the directions specified in the operation manual for the Internet Banking and/or Mobile Banking application that is provided by the Bank for the Customer and any losses arising from the Customer’s errors in conducting transactions using the Internet Banking.
    12. The Customer must ensure that Internet Banking and/or Mobile Banking User ID and PIN used for Internet Banking and Mobile Banking applications are not duplicated and misused in any way by unauthorized persons and the Bank is not obligated to verify the authenticity of the User ID and PIN that is used by the Customer in conducting transactions.
    13. The Customer recognizes the Bank’s ownership of any copyright and other intellectual property rights contained in the Internet Banking and/or Mobile Banking application and the Token.
    14. The Customer will not interfere with, change, alter, or misuse in any way all the Internet Banking and/or Mobile Banking applications as well as the Token.
    15. The Customer agrees to fully indemnify the Bank against all costs, damages, losses, liabilities, or any costs and expenses either directly or indirectly incurred as a result of any breach by the Customer of its obligations under this facility.
    16. The Customer may not assign, delegate, or otherwise transfer all or any one of the rights, benefits or liabilities under this facility to other parties.Note: for the Customer Mobile Banking used only, the Login/Access and transaction is dependent to signal and/or the phone operator/network provider. The Bank does not guarantee or responsible to the failure when login and/or execute transaction cause by the disruption of the signal and/or the phone operator/ network provider of the Customer.
  7. Exchange Rate
    The exchange rate for a foreign currency used in the Internet Banking and/or Mobile Banking is indicative of the actual exchange rate, quote or information, and may be modified at any time by the Bank and it will be informed to customers through website or other media deemed appropriate by the bank.
  8. Proof of Transactions
    1. The Customer acknowledges and agrees that any record, tape/cartridge, computer printout, copy or other form of information storage or other data as well as other communications received or sent by the Bank constitute valid evidence of the Customer’s instructions.
    2. The Customer agrees not to contest the validity, correctness or authenticity of the proof of communications and instructions transmitted electronically between both parties, including any documents in the form of computer records or proof of bank transactions, tapes/cartridges, computer printout, copies or other forms of information storage, and agrees that all such tools or documents are the only valid evidence of banking transactions through Internet Banking and/or Mobile Banking.
    3. By conducting transactions through the Internet Banking or Mobile Banking, the Customer acknowledges that all communications and instructions received by the Bank from the Customer will be treated as valid evidence which can be utilized, where necessary, either in or out of the court, although not presented as a written or signed document.
  9. General Provisions for User ID, Token and PIN
    1. The Customer shall log out/log off each time leaving the Bank’s website.
    2. The Customer must secure its User ID, token and PIN by means of the following:
      
      Not disclosing the User ID, Token PIN and Token serial number to others.
      
      Not writing down or storing the User ID, Token PIN and Token serial number in any form or other written media or in computer application or other storage facilities that allow them to be known to any other person either with or without security.
      
      The User ID, Token PIN, and Token shall be used with caution in order not to be seen by or known to others.
      
      For the Token PIN, the Customer shall not use a PIN that is given by others or that is easily guessed, such as a date of birth or its combinations, a telephone number, and others.
      
      The User ID provided by the Bank is permanent and cannot be changed.
    3. All consequences of the misuse of the User ID and Token shall entirely be the liability of the Customer. The Customer hereby indemnifies the Bank against any claims whatsoever that are brought by other parties including but not limited to the Customer itself as a result of such misuse of the User ID and Token.
    4. Customer must change the password and create the secret question when using the facility for the first time.
    5. The Customer shall immediately notify the Bank if the User ID and Token PIN have become known to others. All transaction instructions by anyone other than the Customer based on the use of the User ID and Token Response that are made before the Bank’s officer receives the written report on the disclosure thereof shall be the sole liability of the Customer.
    6. The use of the Token and Token Response shall have the same legal force as a written instruction signed by the Customer/Token holder.
  10. Fees and Authorization to Debit Accounts
    1. The Bank reserves the right to debit the Customer’s account with a fee for the Internet Banking and/or Mobile Banking facility including but not limited to the monthly administration fee, Token administration fee and outgoing remittance fee and/or other fees for certain transactions through the Internet Banking and/or Mobile Banking as may be determined by the Bank.
    2. In the event of any failure of the transaction processing that is not caused by the fault of the Bank, the fees that have been debited are not refundable.
    3. The Customer hereby authorizes the Bank to debit the Customer’s account at the Bank to execute the transaction instruction from the Customer to the Bank through the Internet Banking and/or Mobile Banking and to pay the fees as referred to in point number 1 above in respect of the use of the Internet Banking and/or Mobile Banking facility.
    4. This authorization will not terminate for any reason including but not limited to the causes set forth in Articles 1813, 1814, 1816, and 1817 of the Indonesian Civil Code as long as the Customer still has obligations to the Bank and the Customer still uses the Internet Banking and/or Mobile Banking facility.
  11. Blockage of the User ID and Token
    1. The Bank’s Token will be blocked if:
      
      1. The Customer enters the wrong Token PIN for 3 (three) times in a row.
      
      The Token is reported to be damaged or missing.
      
      The blocking is at the Customer’s Request.
      
      The blocking is carried out on the basis of the Bank’s internal policy.
    2. The User ID will be blocked if:
      
      The Customer may request the Bank to block the Internet Banking and/or Mobile Banking facilities.
      
      The Customer has entered the wrong dynamic PIN generated by the Token into MyAccess Response column 5 (five) times in a row.
    3. The User ID will be closed if the Customer requests the Bank to close the Internet Banking and/or Mobile Banking facility.
    4. The Bank reserves the right to unilaterally block the Customer’s User ID at the Bank’s own discretion.
    5. In the event of the blocking, the Customer must contact the Bank and then follow the directions and procedures provided by the Bank in order for the Customer to be able to use the Internet Banking and/or Mobile Banking facility again.
  12. Administration of Registration, modification and Deletion
    1. The Customer must fill out the Bank’s Form for each registration, modification and/or deletion of data and/or status of the User ID and Token.
    2. The Bank shall conduct the verification and checking of the completeness and correctness of the data in the form and supporting documents. The Bank may reject and return the form if there is a discrepancy or incomplete data and supporting documents.
    3. The Bank will carry out the registration, modification or deletion if it has carried out the verification and check of the form and supporting documents.
  13. Termination of Service
    The Internet Banking and/or Mobile Banking Service will be terminated if:
    1. Use of Internet Banking and/or Mobile Banking terminated by the Customer by visiting nearest office and fill out the form provided and determined by the Bank and submit the documents required under the applicable regulations or;
    2. Use of Internet Banking and/or Mobile Banking terminated by the Bank on internal considerations of the Bank including but not limited to security reasons.
2. Automatic Teller Machine (“ATM”)
  1. Registration
    1. The Bank may provide the Customer with an ATM card in accordance with the features of the relevant Product.
    2. The Customer will be required to create a PIN through the EDC.
    3. If the PIN is provided by the Bank, the Customer must first change the PIN before conducting the transaction for the first time.
    4. The ATM card must not be used for any purposes other than for conducting transactions on the Bank’s ATMs, or ATMs of other Banks that have entered into a cooperation agreement with the Bank and for conducting any transactions using any other facilities as may be later determined by the Bank.
    5. All transactions conducted using the ATM Card, whether with or without the knowledge of the ATM Card owner, will be the sole responsibility of the ATM card owner.
    6. If the ATM card is lost or stolen, the Customer must report it to the Bank, then the Customer shall fill out the form provided by the Bank and submit it to the nearest Bank branch office accompanied by the required documents as may be determined by the Bank. During the time such notification has not been received by the Bank, the Bank shall not be liable for any transactions made with the lost or stolen ATM card. If the ATM card holder still wishes to use the ATM service, the Bank will replace the lost or stolen ATM card subject to the provisions of applicable fees.
    7. The Bank reserves the right to at any time block, cancel, or withdraw the ATM card when the Customer no longer complies with the terms and conditions for the ATM card.
    8. In the event of a transaction processing error caused by the Bank, transactions that have been debited are refundable. If the transaction processing error is caused by ATM Network operatpr, Bank will assist customer’s transaction refund according to their applicable Terms and Conditions.
    9. The Customer is liable for any transaction with the ATM card and the Bank is not responsible for the use of the ATM card by the Customer.
  2. ATM Transaction Account
    The Account used to obtain information and conduct any debit transaction (“transaction account”) must be previously registered with the Bank. The types of accounts that can be registered are all types of accounts in the name of the Customer opened at the Bank except Joint And Account.
  3. Limit
    1. The Bank shall set the limit (minimum and maximum) on the amount for each transaction and the limit on the amount of transaction per day (maximum transaction amount per day), which amount shall be determined by the Bank.
    2. The Bank may at any time change the transaction limit in accordance with the Bank’s policy with due regard for aspects of Customer service and otherwise upon prior notification to the Customer through the branches and/or by any other means as may be deemed appropriate by the Bank.
  4. Exchange Rate
    The use of an exchange rate for a foreign currency at the ATM is indicative of the actual exchange rate, quote or information and may be modified at any time by the Bank and it will be informed to customers through website or other media deemed appropriate by the bank at PTBC ATM machines, the applicable exchange rates will appear on the ATM screen. Whereas the applicable exchange rate when customers make transactions at another bank’s ATM machine, which listed at ATM network that is used by PTBC, refer to the terms and conditions of the respective owners of ATM machines
  5. Fees and the Authority To Debit Accounts
    1. The Bank reserves the right to debit the Customer’s account with a fee for ATM facilities including but not limited to the monthly administration fee, administration and outgoing remittance fees and/or other fees for certain transactions through the ATM as may be determined by the Bank.
    2. The Customer hereby authorizes the Bank to debit the Customer’s account at the Bank to execute the transaction instruction from the Customer to the Bank through the ATM and to pay the fees as referred to in point 1 above.
  6. Blockage of the ATM Card
    1. The ATM card shall be blocked in the event of the following:
      
      The Customer enters the wrong ATM PIN as many as 3 (three) times in a row.
      
      The ATM card is reported damaged or missing.
      
      At the Customer’s Request.
      
      At the Bank’s own discretion.
    2. The Bank reserves the right to block the ATM card at the Bank’s own discretion.
    3. In the event of the blocking, the Customer must contact the Bank and then follow the directions and procedures provided by the Bank in order to reactivate the ATM card.
  7. Termination of Service
    The ATM Service will be terminated if the Customer terminates the use of the ATM facility by filling out the form provided and determined by the bank and delivering it to the nearest Bank branch office accompanied by the required documents as may be determined by the Bank.
  8. Unknown Transaction
    In the event where there is unknown transaction using Bank’s ATM card/debit card but not by customer who own the card, then:
    1. It is mandatory for customer to report the unknown transaction immediately (at least in 1x24 hours) by Customer after receive notification (SMS and/or email) or aware of unknown transaction, by call to Call Commbank
    2. It is mandatory for customer to request to block ATM card/debit card through Call Commbank.
    3. iii. It is mandatory for customer to replace ATM card/debit card with new ATM card/debit card through Call CommBank or at the closest Commbank’s branch. In the condition where Customer is not able to replace ATM card/debit card in 3x24 hours, then Customer have to submit statement letter with reason and submit to Bank together with other required document that requested by Bank.
    4. Bank will not charge replacement ATM card/debit card fee to Customer.
    5. To fulfill all required document and/or information required by Bank for further investigation.
3. Notification Via SMS (SMS Alert)
  1. The Customer must fill out the Application Form provided by the Bank for the SMS Alert Service (Individual Product and Service Form) which is available at the bank branch offices.
  2. For a Joint Account, each of the holders of such joint account must complete Individual Product and Service Form.
  3. The SMS Alert shall contain information on the Customer’s transaction in the Bank.
  4. The Customer’s SMS Alert service will be activated after the Bank officer has obtained the Individual Product and Service Form from the Customer and has entered it in the Bank’s system.
  5. The SMS Alert can only be used by the registered owner of an individual account.
  6. The Customer will receive the SMS Alert notification subject to the criteria prescribed by the Bank.
  7. The Bank reserves the right to not approve the SMS Alert application if:
    1. The Customer fails to meet the criteria set by the Bank.
    2. The Bank finds that the Customer is in violation of these Terms and Conditions.
  8. The Bank reserves the right to terminate the SMS Alert Service if:
    1. The Customer’s mobile phone number is changed/lost/stolen/transferred to other parties and such change/loss/transfer has been notified to the Bank.
    2. The Customer closes all its accounts connected with the SMS Alert. For reactivation of the service, the Customer must reregister at any of the Bank branch offices.
  9. The Customer can contact the Bank’s Customer Call Centre for any problems relating to any transactions and change to the access of the SMS Alert service.
  10. The Bank may modify the Terms and Conditions for the SMS Alert in any form and by any means including but not limited to the change in the charge for the SMS alert, with prior notice to the Customer.
  11. Any information received by the Customer via SMS Alert shall be for the purpose of notification only and cannot be used as valid evidence for the Customer’s transactions.
  12. The Customer must immediately notify the Bank of any change to its phone number and related operator.
  13. The Bank shall not be liable for, including without limitation, any losses or risks or consequences or lawsuits incurred or brought by other parties arising from the use of the information from the SMS Alert, which is sent to the Customer’s registered mobile number.
  14. The Bank shall not be liable for any risks or claims from any party including but not limited to things that are caused by:
    1. Disclosure of the Customer’s confidential information received by any party via the SMSAlert;
    2. Disclosure of banking information to the Customer’s mobile phone while such mobile phone is in the hand of another person although the Customer is with the person holding such Customer’s mobile phone; or
    3. The Customer’s Data, phone, telecommunication equipment or other equipment that is always caused by the use of SMS Alert by the Customer.
    4. Error in the mobile phone network.
4. Electronic Data Capture (“EDC”)
  1. The EDC is used for verification when conducting certain transactions as described below (whether financial or non-financial) at the Teller counter or at the Customer Service counter:
    Non-Financial
    1. Activation of the ATM Card and creation of the ATM PIN when opening a Savings Account or a Current Account;
    2. Reset of the ATM PIN using the old ATM PIN, if it is blocked due to wrong input of the ATM PIN;
    3. Re-issue of the ATM PIN if the Customer forgets his/her old ATM PIN and wishes to create a new ATM PIN;
    Financial
    Verification of transactions through the EDC by entering the ATM PIN can only be done for the following transactions:
    1. Cash withdrawal from the Customer’s account via the Bank’s teller (at the Teller counter)
    2. Cash withdrawal from the Customer’s account via the Bank’s teller (at the Teller counter),
    3. Transfer to another bank,
    4. Transfer to the Customer’s account with the Bank (Incoming transfer) from the Customer’s account with another bank using an ATM card issued by another bank; this can only be done for the deposit/initial deposit during the process of opening a new account with the Bank. The Customer may be subject to a certain fee (if applicable) depending on the policy of the bank issuing such ATM card when used on the Bank’s EDC.
    5. Debit of the Customer’s account with the Bank for placement of funds whether for opening a new account with the Bank or for placement of time deposit at the Bank;
  2. The Customer is fully responsible for the card and the use of the ATM PIN when conducting any banking transactions.
  3. The Customer who conducts any transaction using the EDC shall sign the Electronic Advice paper (E-Advice) as a proof of transaction in favour of the bank when a transaction is made beyond the nominal limit specified by the Bank.
  4. All transactions shall be deemed authorized and valid at the time the Customer himself/herself enters the PIN on the EDC. If the transaction exceeds the nominal limit specified by the Bank, then the transaction is deemed authorized and valid at the time the Customer himself/herself enters the PIN on the EDC and affixes his/her signature for validation.
  5. The Customer understands and agrees to be liable for, including, without limitation, any loss or risks, orconsequences or claims from other parties arising from the use of the EDC.
5. Safe Deposit Box (SDB)
  1. All Customers who wish to use the SDB facility are required to complete an application to open the SDB at the Bank and are obliged to pay the fee for the use of the SDB and Key Deposit in the amount as may be determined by the Bank. The fee for the use of the SDB and the Key Deposit shall be paid by the Customer to the Bank upon the signing of the application form to open the SDB. The Customer must ensure the sufficiency of funds in its account for the payment of the fee for using the SDB 1 day before the date of debit. If the Customer fails to pay the fee for the use of the SDB, the Bank reserves the right to take any action it may deem necessary, including but not limited to restricting the Customer’s access to the SDB, removal of the Customer’s items from the SDB, etc.
  2. SDB Facility is provided for customer who meets the above minimum average balance fee requirements
  3. Each SDB shall be used by the Customer for a period of 12 (twelve) months, unless the Customer extends such period of use, subject to the Bank’s approval, for a new period mutually agreed by the Bank and the Customer. The Bank may reject such extension request in respect of the Customer’s use of the SDB at the Bank’s sole discretion without giving the reasons therefor to the Customer.
  4. If the use of the SDB is less than 12 (twelve) months, the Customer shall still be charged for the use of 12 (twelve) months.
  5. The key deposit shall be payable only 1 (one) time, i.e., during the opening of the SDB facility and will be refunded to the Customer upon the expiration of the use period of the SDB, which is not extended, and the amount is calculated without taking into accountny interest but after deducting the Customer’s obligations still outstanding to the Bank therefrom.
  6. The Bank reserves the right at any time to replace the SDB currently in use with another as determined by the Bank for the purpose of repair or other matters deemed appropriate by the Bank.
  7. Only those Customers registered with the Bank may open the SDB at the Bank. The SDB Customer is required to show its proof of identity and sign the form provided at the Bank in order to match its signature with the specimen signature existing with the Bank.
  8. Only 1 (one) person shall be permitted to enter the SDB room and he/she must be accompanied by the Bank officer who holds the Master Key and such Customer shall not remain in the room for more than 15 (fifteen) minutes. After the lapse of such period, the Bank has the right to force the Customer to leave the SDB room.
  9. The Bank reserves the right to forcibly break open the SDB in the event of the following:
    1. The SDB key is reported missing/damaged by the SDB Customer SDB will be forcibly opened by the Bank in the presence of the Customer.
    2. Expiration of the period of use. At the end of the period of use of the SDB, when the Customer fails to extend such period of the use of the SDB, or when the request to extend such period is rejected by the Bank, then at the latest within 1 (one) month after the expiration thereof and at the request of the Bank, the former SDB Customer shall submit the key to the Bank and if the after the expiry date specified by the Bank, the SDB Customer fails to return the SDB key to the Bank, then in no later than 7 (seven) calendar days from such date of expiry, and without any obligation of the Bank to provide a prior notice to the Customer, the Bank reserves the right to open the SDB by force in the presence of 2 (two) witnesses from the bank and a Notary who is asked specifically to witness and draw up an official record for the breakage of the SDB and as from such occurrence described above, any items found in the SDB shall fully become the property of the Bank, and the Customer shall temporarily forfeit its title to the items in the SDB until anything related to the SDB has been settled between the Customer and the Bank. Without prejudice to the foregoing, in the event the Customer does not extend the period of use of the SDB and fails to return the SDB key to the Bank within the period specified by the Bank, the Customer is obliged to pay a penalty for the delay, the amount of which shall be stipulated in accordance with the delay and the applicable regulations as may be established by the Bank.
    3. On the Basis of The Bank’s assessment and/or the applicable law If it is suspected that there are illegal or dangerous objects stored inside the SDB, the Bank shall, without prior notification and proof to the Customer, has the right to forcibly open the SDB at its own discretion in the presence of a notary, accompanied by witnesses fromthe Bank and such notary shall draw up an official record of the breakage of the SDB and since then the SDB Customer shall not be allowed to open it until any obligations related to the SDB have been settled with the Bank and/or the competent authorities and at the Bank’s own discretion, the Bank reserves the right to close the SDB facility, without the prior consent of the SDB Customer. The Bank shall provide the SDB Customer a notification about this matter.
    4. By written order of the competent authorities under the applicable law.The Bank reserves the right to forcibly open the SDB in the presence of a notary and witnessed by officers from the Bank and the competent authorities and since then the SDB Customer shall not be allowed to open it until all obligations related to the SDB have been settled with the Bank and/or the competent authorities and at the Bank’s own discretion, the Bank reserves the right to close the SDB facility, without the prior consent of the SDB Customer. The Bank shall provide the SDB Customer with a notification about this matter. All the items forcibly extracted from the SDB shall be included in a sealed envelope sealed by the competent authorities and kept by the Bank or surrendered to the authorities in accordance with the prevailing regulations. The Bank shall not be responsible for the condition and security of these items. The SDB Customer is responsible for all the items in the SDB and thus releases the Bank from all liabilities for those items including but not limited to the responsibility to the competent authorities and any costs incurred by the Bank as a result of the adverse condition thereof, which shall be at the risk and expense of the SDB Customer.
  10. The SDB Customer is prohibited from storing flammable or explosive stuff in the SDB. The SDB Customer is also prohibited from storing in the SDB goods that are prohibited by Law/the Government, solid/liquid/gas chemicals that can cause fire or physical damage to the SDB and/or the building of the Bank and/or other objects in the vicinity thereof. Any losses incurred as a result of violation of this provision shall be at the responsibility of the SDB Customer, and therefore the Customer agrees to waive the provisions of Article 1365 of the Indonesian Civil Code (KUHPER). The Bank reserves the right to terminate the use thereof in the event of any violation of the provisions mentioned above and in this case the Bank is not obliged to refund any charges once received from the related SDB Customer.
  11. If required the Bank is entitled to require the Customer to reveal the contents of SDB used. If the SDB Customer refuses to carry out such request, the Bank reserves the right to unilaterally terminate the Customer’s use of the SDB without prejudice to the provisions of these Terms and Conditions.
  12. The Bank is not responsible for any events, conditions, and/or damage to the SDB as a result of causes beyond the control of the Bank (Force Majeure) including but not limited to floods, fires and earthquakes, resulting in the damage/loss/destruction of the items stored in the SDB. Therefore, the SDB Customer saves the Bank harmless from any claim for the incident.
  13. If the SDB Customer passes away, then the person entitled to the contents of its SDB shall be its legitimate heirs in accordance with the prevailing laws and regulations.
Miscellaneous Provisions
1. Blockage of Account
  1. At the request of the Police, the Prosecutor’s office, or the court in accordance with the Government regulations, the Bank shall block the Customer’s Account, including the Joint Account.
  2. Bank has the right to conduct account blocking or inactivation if customer does not provide correct information / does not update data as the applied regulation
2. Deceased Customer
  1. a. If the Customer passes away, the account must be closed/disbursed. Account closing must be done by its legitimate heir(s) or successor(s) under the applicable laws and the funds in the Account will be paid to its legitimate heir(s) or successor(s) after the requirements specified by the Bank has been fulfilled and after the validity of the supporting documents has been accepted by the Bank.
  2. For closing of Joint Account ("joint and" or "joint or"), if one of the Customer passes away, then the closing of account must be done by its legitimate heir(s) or successor(s) and other surviving signatory.
  3. The heir(s) or successor(s) of the deceased Customer must be submit to the Bank all the legitimate evidence/documents showing that they are the legitimate and duly authorized heir(s) or successor(s) of the Customer in accordance with the applicable laws.
  4. If the Customer (Individual) pass away, the Bank is entitled to request to the heir(s) or successor (s) the supporting documents including but not limited to the death certificate, certificate of inheritance, wills and deeds, and any other required evidence to determine the heirs that are entitled for the balance. By transferred the balance to the legitimate heir(s) or successor(s), the heir(s) or successor hereby state agree and understand and responsible for all loss occurred in order to transfer the balance to the legitimate heir(s) or successor(s).
3. Dispute
  In the event of any dispute relating to an Account, before the disputing parties reach a resolution in respect of the Account, the Bank will not execute any instruction (including through the ATM facility) until the Bank receives written proof of the resolution of such legal dispute which has a final and binding legal effect, or proof of the appointment of an authorized person to withdraw funds from, or conduct transactions with respect to such Account.
4. Restriction
  Any transactions in connection with the funds withdrawn from or deposited in the Account shall be subject to Government Regulations, including but not limited to any restrictions on the amount of funds either in Rupiah or in a Foreign Currency and/or anything which requires the Bank/the Customer to provide information and/or sign any necessary documents related thereto.
5. Fees and Taxes
  1. The Customer must pay all administration fees and or penalties including but not limited to the Account maintenance fees, ATM usage, stamp duty, postage, Cheque/Bilyet Giro books or other instruments, the administration fee for rejection, closing/termination fees, a penalty for balance below the minimum requirement, telephone, telex, facsimile expenses and other costs, fees, and expenses stipulated by the bank and the taxes that are payable in relation to the Account and/or the ATM facility (if any).
  2. Any taxes incurred in relation to the Account shall be borne/paid by the Customer in accordance with the applicable tax regulations
6. Notification
  1. For Customers who have the Letter of Indemnity, any notification/correspondence/communication on the account transaction shall be delivered by facsimile or by other means of communication as may be determined by the Bank, and delivered to the address of the Bank’s Branch Office.
  2. The Bank will make a notification to the Customer by various media, which will be determined by the Bank at the Bank’s discretion, including without limitation, by letter or announcement at the Bank branch office
  3. In respect of any notice made by the Bank to the Customer, in accordance with the applicable provisions, if there is no objection from the Customer until the period specified in the notice, the Customer shall be deemed to have accepted the contents of the notice and to be bound by the rights and obligations set out in the notice.
7. Change
  1. Any change of the Customer’s name, address, telephone, NPWP (Tax File Number), signature and other things, which results in a difference in the data/information thereof as recorded in the Bank, shall be notified in writing by the Customer to the Bank, and at the request of the Bank, the Customer shall fill out and sign a form provided by the Bank with respect to the changes. Thus, as long as the Bank has not obtained the notice of such changes, all transactions will be conducted on the basis of the data existing with the Bank and such data shall be deemed valid.
  2. Any notices/instructions of the Customer as referred to in section 7.a above shall be binding on the Customer, and therefore the Bank will carry out the transactions in accordance with the Customer’s notices/instructions as long as any signatory to such notice/request/instruction is duly authorized to make such notification/instruction.
  3. Bank has the right to make changes at any time and will notify the Customer of the changes through the branches and / or website, or by other means as may be deemed appropriate by the Bank.
  4. Subject to the laws and regulations prevailing in Indonesia, the Bank has the right to at any time amend the existing Terms and Conditions without prior notice to the Customer.
8. Language
  These Terms and Conditions are made in Indonesian and English languages, and in the event of any conflict over the interpretation of these Terms and Conditions between the Indonesian and the English versions, then the Indonesian version will prevail and will be used as the valid document.
9. Subcontract and Collection Agent
  1. The Customer hereby irrevocably agrees that the Bank may transfer or subcontract the provision of any part of the service provided to the Customer to any third parties including to companies within the Group of the Commonwealth Bank of Australia, irrespective of whether or not such third party operates in another jurisdiction or territory. The Bank shall remain liable to the Customer if itcan be proved by law that there is any loss or damage incurred or suffered by the Customer as a direct result of gross negligence, violation or willful misconduct of such third parties and the Bank shall require such third parties to keep the Customer’s information confidential to the same extent as the Bank shall do.
  2. The Bank shall have the right to use a collection agency and/or a third party to collect any debt or overdue amount unpaid by the Customer. The Customer shall release and indemnify the Bank against any costs and expenses (including but not limited to any costs and expenses incurred by the Bank from using a collection agency and/or such other third party as well as other costs and expenses) reasonably incurred by the Bank to sue or demand, request, or recover the debt or suchoverdue amount.
10. Special Rules and Provisions
  These Terms and Conditions shall apply without prejudice to the special rules and provisions that may be stipulated at any time for any Products and/or services provided by the Bank to the Customer. Therefore, the Customer is also bound by any such special rules and provisions. In addition, the Bank shall also be entitled to require the Customer to sign any additional documents as may be deemed necessary by the Bank in order that the Bank can provide the products and/or services associated with the document to the Customer.
11. Secrecy
  1. The Bank will make all reasonable precautions to ensure that any information, details or data associated with the Customer, its Account, transactions and people authorized by the Customer (“Customer Information”) remain confidential and will not be disclosed to other parties without the written consent of the Customer, unless the Bank or any of its branches are required to disclose Customer Information to any party as required by law, court decision, government agencies or other authorities anywhere in the world.
  2. For the purposes set forth in these Terms and Conditions, the Customer hereby irrevocably authorizes the Bank to disclose any part of Customer Information as necessary to other parties (both in and/or out of the territory of Indonesia) in provision of their services to the Bank in relation to the business activities of the Bank or when the Bank reasonably deems it necessary to execute an instruction or in general for the Bank to be able to provide its services to the Customer, including but not limited to the following:
    1. An agent, contractor or third party as a provider of administration services, telecommunication, computer, payment or other services to the Bank in connection with the Bank’operation.
    2. Any party (including third party service provider in connection with the use of third-party product to the Customer) with a duty of confidentiality to the Bank and such party shall have undertaken to keep such information confidential.
    3. Drawee Bank, by delivering the Cheque/Bilyet Giro already paid (which may contain information about the payee) to the drawee.
    4. Any person making a payment to the Customer’s Account (by submitting a copy of a deposit slip, which may contain the name of the Customer).
    5. Credit reference agencies and, in the event of default, to debt collection agencies.
    6. Any parties who receive assignment or prospective assignee of the Bank or participant or sub-participant or recipient of the transfer of the Bank’s right in connection with the Customer.
    7. Any market researcher agency or any other agency deemed necessary by the Bank to conduct market research.
    8. Any third parties as deemed necessary by the Bank at its sole discretion with disclosure limited only to the objectives of the Bank.
    9. Any other financial institution either in or out of Indonesia, especially in relation to the prevention of financial crimes, including but not limited to money laundering, terrorist financing or other similar illegal activities.
12. Force Majeure
  The Bank is not liable for any loss, damage, delay or failure in connection with the provision of equipment, facilities or other services by the Bank to the Customer so far as it arises out of or caused by things that are beyond the Bank’s control, including but not limited to an equipment failure, unavailability of system and/or telecommunication services and/or computers, natural disasters, political disputes, national and/or international conflicts, violence or armed conflicts, disruption of civil society, war, resurrection, civil commotion, labordisturbances (which may also occur among the staff and/or employees of the Bank itself), disorder or interruption of the business operation of a third party or its intermediaries whose services are used by the Bank, lockouts, boycotts and/or government actions or orders, including but not limited to any governmental action to condemn, seize or take over or to take control of or supervise the whole or any part of the Customer’s assets.
13. State Boundary and Sovereignty
  1. All the funds deposited in the Bank, its payment and all other obligations with respect to the Account are governed by and subject to the laws applicable from time to time to the Bank or the Bank branch office where the funds are deposited, including but not limited to the laws of the Republic of Indonesia as well as any orders/decrees/regulations/limitations issued by the government (including Bank Indonesia) applicable to the Account (including but not limited to the feasibility of funds transfer, fiscal control and exchange rate regulations) as well as the force majeure.
  2. The Bank’s liabilities to the Customer in connection with or arising from the relationship between the Customer and the Bank including but not limited to all financial liabilities arising from such relationship shall only be paid in the office of the Bank where the relevant Account of the Customer is opened or may be paid at any other office of the Bank in Indonesia as may be determined by the Bank at its sole discretion.
  3. The Bank shall not be liable to the Customer for the decrease in the amount of funds credited to the Customer’s account due to tax, levies, depreciation or due to unavailability of funds to be credited to the account by reason of conversion restrictions, or transfer, requisitions, forced transfer or Force Majeure (whether arising in Indonesia or in any other place in which the Bank deposits its funds) in which condition its affiliates shall not be responsible in any manner or by any means. Without prejudice to the generality of the foregoing, if due to the foreign exchange restrictions in Indonesia, it becomes unlawful for the Bank to make payments on deposits in the currency of the relevant deposit, the Bank at its sole discretion may make such payments in the local currency.
  4. In the event that in compliance with the applicable law the Bank is prohibited from performing its financial obligations to the Customer, the Customer shall waive any claim which may be brought by it against Bank.
14. Set-Off
  If the Customer fails to pay any amounts payable to the Bank and which has been demanded by the Bank, including all losses and expenses suffered or incurred by the Bank in accordance with and under these Terms and Conditions, then:
  1. The Bank with prior notice may merge or consolidate all Accounts and for such purposes, the Customer hereby irrevocably grants authority to the Bank to debit the Account or, if proven lawful, set off the Customer’s funds in the Account against any amounts payable by the Bank to the Customer for the settlement of the Customer’s obligations to the Bank; and
  2. The Customer hereby irrevocably authorizes the Bank with the right of substitution to exercise all the Customer’s rights under the Account, including without limitation, to make withdrawal and payment with respect to any and all Accounts and to sign/issue any document related thereto and to receive the result of any of the actions mentioned above in order to pay all obligations of the Customer to the Bank as described in these Terms and Conditions.
15. Representations and Warranties
  The Customer hereby represents and warrants and fully indemnifies the Bank against any loss, liability, including but not limited to the legal liabilities for the following matters, among others:
  1. That the Customer including (its) heirs and the executor of its will or his assigns hereby indemnifies the Bank against any legal claim for any legal consequences and/or losses arising from these terms and conditions, among others, including but not limited to:
    1. Any loss, fraud or misuse of a Cheque/Bilyet Giro/or any other withdrawal instruments, ATM card or Term Deposit advice/renewal/extension of a Term Deposit Certificate.
    2. Rejection of any Cheque/Bilyet Giro, closure and/or blockage of Accounts and closure of the ATM facility in accordance with applicable regulations.
    3. Delivery of the remaining funds (balance) by the Bank to the Customer or any other party designated by the Customer or deemed as duly authorized to represent the Customer on the basis of the documentary evidence submitted to the Bank.
    4. Execution of instruction (including but not limited to instructions by facsimile) from the Customer or from any other party designated by the Customer or deemed as duly authorized to represent the Customer on the basis of the documentary evidence submitted to the Bank in relation to the Customer’s Account and or ATM facility.
    5. Suspension, rejection or revocation of the (individual) Customer’s authority by the Bank to use the ATM facility.
    6. Negligence or breach by the Customer of these Terms and Conditions.
    7. Submision or dissemination by the Bank of any instructions and/or information and/or description relating to the Account and/or (individual) Customer’s ATM facility to other ATM organizers, officers and/or authorized agencies in accordance with the prevailing laws and regulations.
    8. The blockage and/or foreclosure of the Account by the competent authorities.
  2. All losses and expenses including but not limited to the fees for legal counsels/attorneys and/or the court costs paid and incurred by the Bank in order to defend or protect or execute its rights under these Terms and Conditions shall be for the account of and at the expense of the Customer.
  3. The Customer undertakes to comply with the applicable provisions relating to these Terms and Conditions including but not limited to the rules regarding the signing of a Cheque/Bilyet Giro, cancellation of Bilyet Giro, payment of stamp duty and other provisions regarding the drawing of a Cheque/ Bilyet Giro.
  4. That the Bank is entitled to debit again the funds that have been credited by the Bank, if the Bank is of the opinion that the Customer is not legally entitled to such funds, including but not limited to any Cheque/Bilyet Giro/Bank Draft/Securities suspected to be fake and/or obtained in an unauthorized and/or unlawful manner; furthermore the Customer must return to the Bank the funds that have been drawn in no later than 5 (five) business days as from the Bank’s notification to the Customer.
16. Powers and Authorization
  1. For the purpose of the implementation of these Terms and Conditions, the Customer hereby irrevocably grants powers and authority with the right of substitution to the Bank to act for and on behalf of the Customer:
    1. To at any time debit the Customer’s Account in connection with the withdrawal/Intrabank/interbank transfers as instructed by the Customer through the ATM facility, and to pay any costs as may be determined by the Bank.
    2. To execute any requests or instructions from the Customer which are submitted to the Bank by telex or facsimile, without prejudice to the right of the Bank to not execute the Customer’s requests and/or instructions on the grounds that the signatory to the request and/or the instruction is not a duly authorized party to sign it.
    3. To destroy any and all documents (including statements) which are not collected by the Customer after 6 (six) months.
    4. To close the Customer’s Account and/or facility at the Bank if such Account and/or facility is deemed to be unlawful and in breach of these Terms and Conditions.
  2. The powers and authority under these Terms and Conditions are granted with the right substitution and as long as the Customer’s obligations to the Bank have not been fully settled, these powers shall be irrevocable and shall not terminate for any reason whatsoever including but not limited to the causes as referred to in articles 1813, 1814 and 1816 of the Indonesian Civil Code.
17. Suspicious Transactions/Unlawful Transactions
  1. The Customer agrees and acknowledges that:
    1. The Bank may refuse to process any transaction on the Customer’s Account; or
    2. Bank may freeze the Customer’s funds in any Account and restrict the Customer’s right to make a withdrawal from any Account if the Bank suspects that there is a breach of these Terms and Conditions and/or an act of fraud or impropriety on the transactions or the funds.
  2. The Customer acknowledges that the Bank is subject to the prevailing criminal laws in the financial sector, including without limitation, the laws on corruption and money laundering existing domestically in Indonesia and internationally and that the Bank has adopted an internal policy to ensure compliance with the legislation. For the above purposes, 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 the Customer’s name, address, age, sex, personal identity, income, occupation, assets, liabilities, source of assets, purpose of opening an Account, purpose of investment, any financial plan or any other information related to the Customer’s finance, and at the request of the Bank, the Customer also agrees to update any such information; and
    2. An approval to the Bank to disclose any and all information relating to the Customer and/or the Account to any institution in charge of financial crimes
  3. The Bank is required to comply with the laws, regulations and requests from public authorities and regulators from various jurisdictions related to the prevention of the financing of, among others, terrorists and sanctioned persons. This may require the Bank to stop and investigate any payment order and any other information or communications sent to or by the Customer or on behalf of the Customer through the Bank’s system, and this process involves further inquiry whether the name that may refer to such person or sanctioned person correctly refers to the relevant person.
  4. The Bank shall be liable for any loss (whether direct or consequential including, without limitation, the loss of profits or interest) or any damage suffered by any party arising from any delay or failure by the Bank to process any payment order or information or communication or to perform any other obligations
18. Others
  1. The terms Cheque and/or Bilyet Giro applies only to Customers who have a Current Account.
  2. The Customer undertakes to comply with the rules governing the Cheques and/or Bilyet Giro, regarding the requirement to sign and write a full name on the Cheque and/or Bilyet Giro, payment of stamp duty, and the drawing of a Cheque and/or Bilyet Giro.
  3. In addition to the consequences listed elsewhere, if the Customer fails to comply with its obligations under these Terms and Conditions, and if the Customer’s commission or omission cause or contribute to the loss on the Account (the loss of any kind, taxes, expenses, fines, fees or penalties suffered or incurred by the Bank), the Customer agrees that Bank shall not be liable to the Customer for such losses. The Customer acknowledges that the failure by the Customer to examine the Statement of Account in a timely manner pursuant to this provision shall be deemed to cause or contribute to the losses on the Account when such losses occur due to an error or omission that could have been detected if the statement of Account had been duly examined in accordance with this provision. The Customer acknowledges that the maximum liability of the Bank to the Customer shall be limited only to the actual direct loss of the principal amount that is improperly or wrongly withdrawn from the Account which is proven to be legally caused by the negligence or the fault of the Bank.
  4. Individual customers who wish to open a Savings Account, must be at least 17 (seventeen) years old/ Married/ever Married/Already Have the KTP (Resident’s Identity Card), whereas individual customers who wish to open a Current Account/Time Deposit must be at least 21 (twenty one) years old/Married/Ever Married.
  5. To verify every transaction relating to the Account and/or the ATM facility, the Bank shall match the Customer’s signature and documentation with the valid specimen signature and other documents existing with the bank. At the request of the Bank, the Customer is obliged to indicate the Customer’s identity by showing the Bank its original KTP (Resident’s identity card)/passport or other forms of identification cards as may be required by the Bank.
  6. The Application Form for Account Opening and the Forms for the Bank’s Products & Services (including their changes/additions/updates) along with any documents/forms connected with these Terms and Conditions shall constitute an integral part of these Terms and Conditions, and the Bank reserves the right to make any changes/additions/updates to these Terms and Conditions without prior notice to the Customer.
  7. In addition to these Terms and Conditions, the Bank and the Customer are also subject to the Government regulations and the general conventions applicable to the Bank, particularly relating to the Account and/or ATM facility mentioned above, including but not limited to the Customer’s obligation to disclose matters and provide information relating to the Customer’s Account and/or ATM facility, as well as the Customer’s identity, source of funds and business activities.
  8. The Bank shall not be responsible for and shall not be sued if the Bank is unable to perform its obligations and/or execute the Customer’s instructions, among others, the provision of a certain currency (bank notes) for foreign exchange transactions that may result from a Government order and/or regulation relating to these Terms and Conditions including but not limited to the restrictions on foreign exchange transactions or the obligation to transact in the Rupiah, or the occurrence of political conflicts, riots, wars, coup d’etat, natural disasters, and other causes including but not limited to any act of the Government that condemns, seizes, or takes control of the Customer’s assets or places the Customer under receivership/guardianship.
  9. Upon the written request of any competent authorities and institutions, the Bank reserves the right to provide information about the Customer’s data, balance and condition of the Account in the name of the Customer to such competent authorities and institutions; however, the Bank shall not provide information beyond what is requested by such competent authorities and institutions. At the written request of such competent authorities and institutions, the Bank reserves the right to freeze/temporarily block the Account in the name of the Customer until the Bank obtains further written instructions from the competent authorities and institutions to re-open the Account or close it and surrender the Account balance to the competent authorities and institutions or to any other party as may be designated by such competent authorities and institutions.
  10. The Bank shall have the right to at any time assign or delegate any or all rights and obligations under these Terms and Conditions to any party without the prior consent of the Customer.
  11. The Customer in any event shall not assign, transfer its deposit in the Account to third parties nor charge it with security interest as collateral without the prior written consent of the Bank’s authorized officer.
  12. All the authority given to the Customer to the Bank under these Terms and Conditions:
    1. Is irrevocable.
    2. Allow the full right of substitution.
    3. Allow Client represented in full, anywhere and to anyone, in all matters and act with respect to matters relating to the granting of authority
  13. The Customer agrees that the authority granted by the Customer under these Terms and Conditions shall not be revoked or terminated for any reason, including but not limited to by the causes as described in the provisions of Articles 1813,1814 and 1816 of the Indonesian Civil Code so long as there is still a relationship between the Customer and the Bank.
  14. If any provision of these terms and conditions is declared or rendered illegal, invalid or unenforceable under the law in force, then such illegality, invalidity or unenforceability would not affect the other provisions of these Terms and Conditions and therefore the other provisions shall remain in full force and effect.
  15. The Bank and the Customer waive the provisions of Article 1266 of the Indonesian Civil Code but only to the extent that a judicial decision is required for the termination of these Terms and Conditions between the Bank and the Customer.
  16. With respect to these Terms and Conditions and all its consequences, the Customer and the Bank choose their common and permanent legal domicile at the Registrar’s Office of the District Court where the Bank is domiciled, but without prejudice to the Bank’s right to file a claim/lawsuit against the Customer before any other courts.
  17. The Customer understands all the consequences and agrees to be liable for any and all risks that may arise from each of the Bank’s Products and Services to be used by the Customer.
  18. The Customer agrees that the Bank will charge a monthly fee for the Bank’s Services used by the Customer (“Fee”), which will be debited directly from the Customer’s Account. If the Bank fails in performing the direct debit from the Customer’s account to pay such fee, the Customer hereby authorizes the Bank to perform such direct debit from the Products owned by the Customer with the bank at maturity, without prejudice to any other rights of the Bank under the applicable Terms and Conditions.
  19. The Customer hereby grants authority and consent to the Bank to take any measures against the Customer’s account, including but not limited to restricting transactions, and/or blocking the account, and/or debiting the Customer’s account in the event of any error/excess amounts credited by the Bank where such amounts are not the right of the Customer if the Bank is of the opinion that the Customer’s Account is not in compliance with the Bank’s policies, the Terms and Conditions, and the laws and regulations in force. The closure process shall be carried out by the procedure under the Terms and Conditions.
  20. The Customer agrees that, if at any time it is found that the Customer’s name is listed in the Blacklist referred to by the Bank at the Bank’s own discretion as updated from time to time, and/or the Bank suspects that the Customer’s funds are acquired from a criminal offence or unlawful acts, the Customer hereby agrees to accept any and all actions taken by the Bank in accordance with the Terms and Conditions and/or the applicable laws, including but not limited to the closure and blockage of the Customer’s accounts and in this regard the Bank shall be indemnified against all claims, losses, risks, damage, costs or litigation from any third party.
  21. The Customer agrees that the Bank shall not facilitate and shall have the right to cancel any transactions involving the countries included in the list of countries imposed by international sanctions due to terrorism or unlawful acts, and/or any other parties suspected of being associated with terrorism and criminal activities in accordance with the applicable laws and regulations.
  22. The Customer hereby grants authority and consent to the Bank to take any measures against the Customer’s account upon prior notice to the Customer, including but not limited to rejecting any transaction, canceling any transaction and/or terminating the business relationship with the Customer due to the following matters; on the basis of knowledge or truth and/or, taking the form of a Shell Bank or a Bank that allows its account to be used as a Shell Bank, having its transaction funds from sources known to emanate and/or reasonably suspected of emanating from criminal offences.
  23. The Customer hereby confirms that the Customer acknowledges and agrees that if any Products and Services are placed in amounts/at the interest rates exceeding the maximum amounts/interest rates guaranteed by the Deposit Insurance Corporation (“LPS”), then the relevant account shall not be included in and/or shall not be guaranteed under the deposit insurance program by the LPS.
  24. The Customer understands all the consequences of and agrees to be responsible for any power, authority granted and actions authorized by the Customer through the relevant Forms and/or other documents provided to the Bank.
  25. The Customer hereby confirms that any authority and power granted by the Customer to the Bank as referred to in this form or to be granted by the Customer at a later date shall not be revoked or terminated for any reason. For this purpose, the Customer agrees to waive the operation of Articles 1813, 1814, 1816, of the Indonesian Civil Code (thus becoming the Indonesian Civil Code).
  26. Any dispute which may arise in relation to matters contemplated in the Form, Terms and Conditions, as well as other supporting documents shall be resolved amicably by mutual consensus and if after 30 (thirty) business days from the date of such amicable resolution, the Parties fail to reach a consensus, the Parties agree to settle all differences and interpretation issues or any controversy that may arise in court and for this purpose the parties elect their permanent and common domicile at the Registrars’ Office of the South Jakarta District Court in Jakarta.
  27. Customer confirmation/call back and recording. Every transaction recording or act done by Bank which needs confirmation/call back, customer agrees to be confirmed via telephone and recorded by Bank’s officer, for the purpose this confirmation/call back purposes are only for securing customer information and transaction.
  28. This agreement has been appropriated with prevailing laws and regulations including Otoritas Jasa Keuangan (OJK) regulation.
  29. Customer agrees that every changes (contains of any increments, decrease, changes of benefit, charges, and risk regarding the product and/or service) included in Term & Conditions will be informed via Bank’s website and / or email to each customer at the latest thirty (30) working days before effectively applied.
    Note : The 30 days notification is not only for the terms and conditions but also for the changes (any change), increments, and/or decrease of any benefit or services.
  30. Bank is obligated to reject, cancel and / or end business relation with customer and inform to customer

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