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Friday, November 21, 2008
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Terms and Conditions Governing Bualuang iBanking service
 
1. Definitions
 
1.1 "Service User" means a person who signs the Bualuang iBanking Service ("BiBS") application form as Applicant for services.
 
1.2 "Bank" means Bangkok Bank Public Company Limited.
 
1.3 "Personal Identification Number" or "PIN" means a code issued by the Bank and given to Service User to access BiBS for the first time.
 
1.4 "Password" means a code selected by the Service User to access BiBS.
 
1.5 "User Identification Number" or  "User ID" means a personal number issued by the Bank and given to Service User to be used as a code to access BiBS.
 
2. Use of Service
 
Service User hereby acknowledges, accepts and agrees as follows:

2.1 To comply with the BiBS manual provided by the Bank which shall be deemed part of these Terms and Conditions. 
 
2.2 That any activity performed with the use of User ID and Password belonging to Service User according to the procedures and conditions of using such type of service as established by the Bank shall be considered an activity performed by Service User himself/herself and shall be binding on Service User without him/her having to sign any documents.
 
2.3 To keep User ID, PIN and Password confidential and not to disclose them to any person. 
 
2.4 That in the event of loss or theft of PIN, or if any other person gains knowledge thereof, Service User shall immediately give notice of cancellation of PIN to the Bank and request for a new PIN in accordance with the procedures established by the Bank.
 
2.5 That Service User may view an information and perform transactions via BiBS 24 hours a day, except for transfers of funds into accounts of other individuals, stopping payments of cheques, stopping withdrawals from passbooks and certain activities and transactions which can only be performed during the time periods set by the Bank.

2.6 That each service provided by the Bank via BiBS is governed by the provisions, terms and conditions relating to such service which are available on the relevant webpage and can be viewed by Service User at any time, and Service User agrees to be bound by the said provisions, terms and conditions in all respects.   
 
2.7 That with regard to the stopping payments of cheques, the Bank will take a stop payment order and proceed promptly, and such stop payment order will take effect immediately after the lapse of 5 minutes from the time the Bank receives such order. If payment on the cheque cannot be stopped,  Service User will not demand that the Bank be responsible for any loss or damage that may occur.
 
2.8 That the Bank may not be able to provide BiBS temporarily in the case where the computer system, equipment, communication system or network relating to BiBS is damaged, or under repair or maintenance, or where the service is unavailable due to a force majeure event.

2.9 That the Bank reserves the right to change any terms and conditions as well as service fees. Any such changes shall be announced by the Bank at the office/branch or website of the Bank. In case of change of service fees, the Bank shall announce or inform Service User not less than 30 days in advance.

2.10 That if Service User finds an error or has any question about account activities, Service User shall provide the Bank with details thereof for the Bank's investigation. The Bank shall inform Service User of the result of such investigation within 30 days from the date of notice of such error or question.

2.11 That if BiBS is used, Service User shall not be exempted from personal income tax on interest earned on savings accounts maintained with the Bank.

2.12 That any communication, letters and announcements sent by the Bank to Service User by postal delivery or by E-mail at the address indicated by Service User on this Application shall be considered as having been duly delivered to Service User, and that it is Service User's responsibility to notify the Bank immediately of any change of address or E-mail address in writing or via BiBS.     
 
3. Bank's Responsibilities 

Service User agrees that the Bank shall not be responsible for any loss or damage resulting from:
 
3.1 The use of User ID and Password according to the procedures prescribed by the Bank whether such act is done by Service User or any other person.

3.2 Force majeure events including failure of equipment or communication systems, inoperative connection signals, or computer virus.      

3.3 Delay or error caused by, or deficiency of, computers or equipments of Service User, the Bank or Internet Service Provider.

3.4 Delay caused by the process of BiBS.

3.5 Non-compliance by Service User of these Terms and Conditions or any provisions, terms or conditions of any service provided by the Bank via BiBS.    
 
4. Fees
 
Service User agrees to pay the annual fee, service fees, and other expenses relating to the use of BiBS and other services provided via BiBS at the rates announced by the Bank. Service User agrees that the Bank may deduct any amount from the primary account or any other accounts of Service User to pay for the said fees and expenses.
 
5. Disclosure of Information
 
Service User agrees that the Bank may disclose Service User's information specified in this Application or information related to the use of BiBS as the Bank deems necessary and appropriate without prior notice to Service User, and Service User agrees that this Clause 5 shall survive any termination of BiBS.   
 
6. Termination of Service 
 
6.1 the Bank may terminate BiBS at anytime without having to notify Service User in the case where: 

6.1.1 Service User does not use BiBS within 1 year from the date Service User receives User ID; or

6.1.2 Service User has not accessed BiBS for a period of 1 year from the date of the last BiBS access by Service User; or

6.1.3 For any reason, the Bank is unable to deduct any amount from Service User's account to pay for the annual fee or service fees.

6.2 The Bank may terminate BiBS or any service provided via BiBS at anytime without having to inform Service User in advance.

6.3  Service User may terminate the use of BiBS at anytime by giving a 3 banking days' prior written notice to the Bank in accordance with the procedures prescribed by the Bank. Such notice shall take effect at the end of the 3 banking days' period, and all remaining instructions made in advance through BiBS that are to be effected after the end of the said period shall be automatically canceled.