GENERAL

  1. Baiduri Bank Group “The Bank” with whom  “The Customer” has opened one or more accounts, may at its sole and absolute discretion make available to Customer the use of Service in respect of or in connection with the account of the Customer.

  2. The Customer who has opened one or more accounts may apply to The Bank for  the use of Service, but The Bank reserves the right to reject or accept such applications and is not obliged to respond to any request for information from unsuccessful applicants.

  3. The Customer may apply for the use ofService, for joint accounts provided it is operated on a single signing authority basis.

  4. The Customer must be of 18 years or above to qualify forService. Upon the acceptance of The Customer’s application, The Bank will link The Customer own account(s), joint account(s) and pre-selected 3rd party account(s) inService as specified on the application by The Customer. There will be a limit on accounts linkage which are comprising of The Customer’s own accounts and joint accounts. Accounts accessed usingService excludes trust accounts.

FUNDS TRANSFER AND AVAILABILITY INFORMATION

  1. The Customer is subject to the following daily funds transfer limit and conditions as may be fixed or specified by The Bank from time to time in its absolute discretion. The aggregate total maximum daily transfer withdrawal limit is B$15,000.00 (BRUNEI DOLLARS: FIFTEEN THOUSAND ONLY), which is apportioned to such services as follows:-
    1. Foreign Currency Transaction between pre-selected accounts with The bank –B$5000.00 (BRUNEI DOLLARS: FIVE THOUSAND ONLY).

    2. Bill Payment and Funds Transfer between pre-selected accounts with The Bank in local currency – B$5000.00 (BRUNEI DOLLARS: FIVE THOUSAND ONLY).

    3. Remittances such as telegraphic transfers to overseas bank and transfers in local currency to another bank in Brunei – B$5000.00 (BRUNEI DOLLARS: FIVE THOUSAND ONLY).

  2. The Bank is not obliged to make such payments or transfers in respect of or in connection with any transactions performed or effected by The Customer if The Customer has not maintained sufficient funds in The Customer’s account(s) specified by The Customer at the time the transaction is performed or effected. The Customer should ensure that there is sufficient funds in the specified Customer’s account(s) with The Bank, at the time of the transaction before completing the transaction.

  3. Transfer of funds or bill payments or other payments shall not be performed in respect of any account(s) maintained by the Customer with The Bank if such account(s) can only be operated with two or more signatories.

  4. The Bank shall not be obliged to verify the accuracy of the account numbers or the identity of the account holders of any account with any other bank. Where payments and funds transfer are made to other banks and/or organizations, The Bank shall not be responsible for any loss and damage caused to or suffered by the Customer rising from non-acceptable or rejection by the receiving banks or any failure, delay or error by the receiving banks or billing organizations in crediting the account of the payee’s (beneficiary account as defined by customer).

  5. The Bank reserves the right at any time to set, vary or cancel limits for any transactions, facilities, services and products that may be carried out through the use of, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability periods.

  6. Any transaction or operations made or performed or processed or effected by with or through the use of Service after the relevant cut-off time on any day will be entered, shown or recorded in the books and records of The Bank on or for the next business day following the date of the transaction.

SECURITY AND CONFIDENTIALITY

  1. The Customer is required to refrain from sending or giving instructions or directions to The Bank through public E–mail services. The Bank shall not be obliged to act on any instructions (whether digitally signed or not) received through public E–mail services.

  2. The Customer may perform the above mentioned banking transactions only if The Customer has been provided by The Bank withService Personal Identification Number PIN and User ID and agree with the term and conditions stated herein.

  3. ThePersonal Identification Number (PIN) and User ID are valid.  The Bank may at anytime in its sole and absolute discretion invalidate the PIN and/or the User ID without assigning any reason therefor without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by The Customer or arising out or connected or by reason of such invalidation. 

  4. The PIN and User ID shall only be used by The Customer ofService to whom the PIN and User ID are issued at the request of The Customer. The Customer shall ensure total non-disclosure of the PIN and User ID to any person(s). Hence authorization to third party collecting the PIN and User ID is not allowed.

  5. The Customer shall exercise extreme care to prevent the disclosure or unauthorized use of the PIN and User ID. The Bank shall not be responsible or liable for any loss caused to or damage suffered by The Customer if any person should obtain possession of the PIN and User ID to obtain payment of any monies belonging to The Customer.

  6. The Customer shall also exercise reasonable care to prevent unauthorised use ofservice when not attending to the PC during logged on sessions. The Customer must log off the internet session if The Customer must leave the PC unattended.

  7. If The Customer to whom the PIN and User ID were issued by The Bank is no longer a joint account holder, either Customer shall immediately notify The Bank and notwithstanding such notification, every joint Customer shall be jointly and severally responsible and liable for any transaction performed or effected through the joint account.

  8. In the event that the Customer’s PIN and User ID are exposed due to any unauthorized or other hardware device(s) attached or loaded and/or software program(s) loaded or installed to/in the computer or device which is used to accessService, The Bank shall not be responsible or liable for any loss, damage, embarrassment thereby incurred or suffered (whether directly or indirectly) by the Customer for any transaction that was initiated before the loss or the compromise before The Customer’s PIN and User ID is actually communicated to The Bank. Report of such loss or compromise to The Bank must be evidenced by The Bank having issued confirmed receipt. It is also not The Bank’s responsibility to prove that any unauthorized or other transaction is due to the above security breach.

LIABILITY AND INDEMNITY

  1. The Customer shall notify The Bank immediately upon receipt of any data and Information through Baiduri e-Banking Service that is not intended for The Customer. The Customer agrees that all such data or information shall be deleted from the Customer’s computer system immediately.

  2. The Customer shall notify The Bank immediately if The Customer believes, or is in possession of knowledge that there is a potential breach of security whether imagined or actual and the failure of which, The Bank shall not be responsible or liable for loss damage or embarrassment incurred by The Customer.

  3. The Bank’s records and any records of the instructions, communication, operations or transactions made or performed, processed or effected throughService by the Customer or any person purporting to be The Customer with or without The Customer’s consent or any record or transactions relating to the operation of any The Bank or any Relevant Person authorized by The Bank or any Relevant Person relating to or connected withService shall be binding and conclusive on The Customer for all purposes whatsoever and shall be conclusive evidence of the transaction and The Customer’s liability to The Bank and The Customer agrees not to dispute the validity, accuracy or authenticity of any such records and evidence.

  4. The Customer’s instructions shall be irrevocable and binding on the Customer upon transmission by The Customer.

  5. The Bank shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by The Customer in relation to or in respect of any instructions, operations or transactions effected by The Customer or purported to be effected by The Customer usingService howsoever caused including but not limited to the Customer’s non-compliance withService instructions and The Bank’s inability to provide services as a result of malfunction partial or total failure or any data processing systems, security systems, computer teletransmission or telecommunications systems or other circumstances beyond the control of  The Bank or any bank financial institution or any person or any organization involved in the above mentioned systems including but not limited to disruption of business or operations, Acts of God, war, warlike hostilities, riots, blockades, strikes and embargoes and including The Customer’s inaccurate keying in of instruction

  6. The Customer undertakes to indemnify The Bank from and against and in respect of all liabilities, losses, charges and expenses (including legal fee and costs on a full indemnity basis) claims demands actions and proceedings which The Bank may incur or sustain directly or indirectly from or by reason of or in relation to the use, misuse or purported use or misuse of, due to failure of software or failure of security on failure of computer peripheries as provided by any Third Party, and shall pay such monies to The Bank on demand.

  7. The Customer acknowledges and agrees that The Bank has sole and exclusive ownership and rights including all intellectual property rights in and to The Bank’s Computer Systems andService, including, without limitation to The Bank’s website, and all contents and any updates thereof.

  8. The Bank shall be under no liability for any damage, loss or expense, or for any obligation to pay or reimburse interest to Customer for unsuccessful crediting of money through the use ofService.