Business Terms and Conditions for Provision of
Contents
1. 56 unambiguous and unquestionable acknowledgment of the correctness of the data sent by the Account Holder To successfully place an instruction delivered to SOB via the Client Representative the Account Holder instruction will not be executed The Account Holder is not entitled to recall A transfer between accounts of the same Account Holder Any payment transaction on the due date A payment transaction with a future due date delivered via the ELB Services can be cancelled either a by a transaction cancellation application delivered to the SOB branch or b recalled or modified via selected ELB Services but no later than the day before the due date at the latest by the deadline stipulated in the Terms and Conditions for Accounts and Payments available at business premises of all CSOB branches and at www csob cz If when using the services of mobile operators T Mobile TWIST recharging O2 O2 recharging Vodafone Vodafone Card Recharge paying invoices or when using services of a PaySec account PaySec account charging Merchant Account charging direct payment to a Merchant s Account the Account Holder has insufficient funds in his her account between entering the request and the actual debiting of the account CSOB can charge the Account Holder for using these services on the understanding that it is a contractually non agreed overdraft on the account with the consequences resulting from this Detailed information a2. and have access to selected products and services of CSOB and its affiliates Using the ELB Services will be identical to standard communications in writing 4 SOB affiliates will be as set out below persons controlled by CSOB persons controlling CSOB and persons controlled by any person who controls CSOB and the terms to control controlling and controlled persons will have the meaning stipulated in Section 74 and subsequent Law No 90 2012 Coll on Business Corporations The identification number is an eight digit number unambiguously identifying the Account Holder The Contract is a Contract concluded between CSOB and the Account Holder stipulating the CSOB Electronic Banking Services governed by the valid laws of the CR and of which these Terms and Conditions and the Business Terms and Conditions for Accounts and Payments hereinafter the Terms and Conditions for Accounts and Payments are an integral part Click on www csob cz for the Terms and Conditions for Accounts and Payments 7 The SOB Smart Key application hereinafter the Smart Key Application is a security application that the Account Holder can install on his mobile device smartphone tablet through particular markets e g Google Play AppStore Windows store if CSOB allows this After the Smart Key Application is installed the codes for the Client s Authorized Person s authentication and authorizing Instructions entered via the Interne
3. for selected products of CSOB and or its affiliates CSOB will make transfers between accounts of an Account Holder only on the due date determined by the Account Holder if the disposable funds in the account are sufficient If insufficient funds are in the account on the due date the transfer will not be made The terms and times for delivering payment orders specified by CSOB are stipulated in the Terms and Conditions for Accounts and Payments available at all CSOB branches and on the Internet at www csob cz Non documentary payment transactions will be executed in accordance with the Terms and Conditions for Accounts and Payments the fees for them will be charged according to the Price List Transfers between the Account Holder s accounts in foreign currencies with a counter value in CZK of less than the limit specified by CSOB will be executed via the ELB Services at the rate according to the CSOB exchange list valid when the Account Holder gives the instruction CSOB shows the respective exchange list via the ELB Services An Account Holder may be given an individual exchange rate for transfers between the accounts of an Account Holder in a foreign currency non documentary payment transactions in a foreign currency delivered to CSOB via a Client Representative of the CSOB Linka 24 service by phone special telephone line if their equivalent in CZK exceeds the CSOB limit of EUR 1 000 See the information about the terms and conditions for setting
4. one parent because of the nature and possibilities of ELB Services CSOB will only give ELB Services personalised security elements to the Account Holder These means of ELB services and personalized security communication must not be given to any person except for the Account Holder not even through a power of attorney CSOB will provide the Account Holder with the necessary information to report the loss theft or unauthorized use of a means of payment means of communicating with the ELB Services and personalised security elements CSOB will provide the Account Holder at his request with a document showing for 18 months from the announcement that he has made an announcement in accordance with Paragraph 43 b of the Terms and Conditions In relation to innovation and upgrading particular ELB services CSOB is entitled to discontinue providing and supporting services applications methods and replace this service application method with a newer version after notifying the Account Holder via the ELB Service being terminated or in writing no later than 2 months before the date on which the service support will be terminated CSOB will be responsible for a Not executing a payment transaction or an incorrect execution of a payment transaction to which the Account Holder is entitled b Unauthenticated payment transactions i e payment transactions for which the Account Holder has not given an instruction However CSOB s responsibilit
5. up an individual rate the special telephone line and the deadline in the Rules for Setting Individual Rates via the Client Centre An individual CSOB rate is always agreed on for a transfer between accounts in a foreign currency a non documentary payment transaction in a foreign currency and is applicable after the Account Holder explicitly approves CSOB is entitled to change the individual rate during a phone conversation or until it is finally approved In extraordinary cases CSOB is entitled to postpone using the respective exchange rate until the standard exchange list valid for the working hours of the subsequent working day is issued Account Statements and Complaints 85 The Account Holder will be informed of payment transactions and instructions carried out on a book entry securities account by a printed account statement or electronically The Account Holder can ask for access to electronic account statements page 6 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 86 87 88 89 90 91 92 93 94 either in writing or electronically through the ELB Services if the ELB Services and the account product for which the account statement is prepared allows this SOB provides the Account Holder with account statements electronical
6. without undue delay after discovering the fault but no later than by the deadline according to the relevant legal regulations g The Account Holder is entitled to ask for difficulties arising in connection with the ELB Services to be resolved at the CSOB branch in writing by phone or at the e mail address of the Electronic Banking Helpdesk CR both the telephone number and e mail address are available on the Internet at www csob cz The Account Holder is entitled to have complaints arising from payments via the ELB Services made at a SOB branch or by phone to the Client Representative at the telephone line of the SOB Linka 24 given in information material resolved within the time specified in the Information material as stipulated in the SOB Claims Code Phone complaints will be recorded which will subsequently be used to handle the complaint SOB receives and handles complaints and claims in accordance with the SOB Claims Code available at SOB branches and www csob cz If the Account Holder complains about a disputable payment transaction or seeks another remedy at SOB without success he is entitled to contact the respective court or the Financial Arbitrator A motion for proceedings before the Financial Arbiter is filed on the form available at www finarbitr cz All relevant information is also available there In a dispute with the Account Holder CSOB will give evidence about the procedure which enables it to verify that the payment
7. Advisor after a third incorrectly entered PIN or password b SOB InternetBanking 24 both the Internet and SOB SmartBanking applications after a third incorrectly entered PIN Blocking a the SMS key i e blocking the possibility of authorizing transactions or authenticating access to the Internet application of the CSOB InternetBanking 24 service or the possibility of activating the CSOB SmartBanking Smart Key on a mobile portable facility b the Smart Key e blocking the possibility of authorizing transactions or authenticating access to the Internet application of the CSOB InternetBanking 24 service will be carried out after the Account Holder s fifth unsuccessful entry The CSOB Linka 24 service and the CSOB SmartBanking application will be still available To remove the access blocking of an SMS Key or the Smart Key the Client must go to a CSOB branch in person or call the Electronic Banking CR Helpdesk by phone If the Account Holder is a minor the parent who entered into the contract is responsible for protecting of personalized security features setting and changes in and the safe use of the ELB service and disposing of funds in an Account The parent is entitled to dispose of funds in the account of a minor Account Holder only in his favour and only for current affairs The parent needs court approval to dispose of funds in other than routine matters The parent is fully responsible for the compliance of the rights and du
8. CSOB ELECTRONIC BANKING SERVICES lt BUSINESS TERMS AND CONDITIONS son FOR ACCOUNT HOLDERS WITHOUT AUTHORISED PERSONS 1 eskoslovensk obchodn banka a s registered office Radlick 333 150 150 57 Praha 5 ID No 00001350 registered in the Commercial Register of the City Court in Prague Section B XXXVI Entry 46 hereinafter CSOB issues the SOB Electronic Banking Services Business Terms and Conditions for Account Holders without Authorised Persons hereinafter Terms and Conditions and pursuant to Act No 284 2009 Coll Payment System Act as subsequently amended hereinafter the PSA and for matters not covered by PSA Law No 89 2012 Coll Civil Code as subsequently amended hereinafter the Civil Code will apply The legal relationships between SOB and Account Holder when providing the CSOB Electronic Banking Services hereinafter ELB Services will be governed by the law of the Czech Republic hereinafter CR mutual communication will be in Czech unless agreed otherwise 2 The Account Holder must acquaint himself with these Terms and Conditions in detail and adhere to them Definitions and Terms 3 For these Terms and Conditions the ELB Services will be a SOB Linka 24 b SOB InternetBanking 24 consisting of the Internet applications and SOB SmartBanking applications The ELB Services enable the Account Holder to communicate with CSOB continuously i e 7 days a week 24 hours a day
9. Services The valid manuals and instructions are available at www csob cz and on request at all CSOB branches The manual and instructions for the Internet application of the CSOB InternetBanking 24 service are part of the application The Account Holder can ask for a daily weekly limit to be set up which is the total of all transactions delivered to CSOB during a day week via the service as follows a SOB Linka 24 service Client Representative not exceeding CZK 300 000 for a daily limit CZK 500 000 for a weekly limit b SOB InternetBanking 24 service with authorization by SMS key Smart Key and SOB SmartBanking application max CZK 1 500 000 for a daily limit CZK 3 000 000 for a weekly limit For security reasons CSOB automatically sets up an initial daily limit of CZK 50 000 CZK 80 000 as the weekly limit unless the Account Holder specifies otherwise Transactions delivered to SOB via the SOB Linka 24 service Client Representative are not added to transactions delivered to CSOB via the CSOB InternetBanking 24 services with authorization by an SMS key Smart Key and the CSOB SmartBanking application If the account is held for a minor or a partially incompetent person the account holder can set a limit for a particular transaction on the account s sent to CSOB via all ELB Services If the account holder is an adult fully legally competent person no limit for the account can be established The particular amounts of li
10. alternative authentication method b SOB InternetBanking 24 Internet application by the identification number and authenticated by the PIN if the Instructions are authorized by an SMS key or PIN and SMS key Smart Key For the CSOB SmartBanking application the Account Holder is identified by the identification number and authenticated by the PIN and SMS key if this application is activated During additional logins he is identified by the identification number and authenticated by the PIN Transactions delivered to CSOB via the Internet application are authorized by the Account Holder using a one off Authorization Code the SMS key that is generated by the system at the Account Holder s request the message with the Authorization Code will be delivered to the phone number specified by the Account Holder when signing the Contract by the Smart Key generated in the activated Smart Key application CSOB SmartBanking application transactions are authorized by the PIN CSOB is entitled to change the way of authenticating the Account Holder for particular ELB Services CSOB will inform the Account Holder about the new authentication method through the particular ELB Service or in writing no later than 2 months before the change comes into effect During authentication the Account Holder will have several attempts depending on the selected service The Account Holder s access to the ELB Services will be blocked a SOB Linka 24 Client
11. bout the services of mobile operators is available on the official Internet websites of individual companies The notification of the Account Holder about which standing orders and collection permits ordered via the ELB Services will be executed by CSOB after his death must be delivered to CSOB in writing via all CSOB branches The Account Holder is entitled to use via the ELB Services products and services provided by CSOB and or its affiliates that he is invited to do via the actual offers Selected ELB Services can be activated and deactivated via a the Client Representative for the SOB Linka 24 service b the Internet application of the SOB InternetBanking 24 service or c directly in the application e g CSOB SmartBanking application In addition the CSOB SmartBanking application can be deactivated at the Account Holder s request sent to CSOB via the CSOB Electronic Banking Helpdesk CR In this case the application will be deactivated on all mobile facilities PC on which the Account Holder has activated the CSOB SmartBanking application The Smart Key can always be activated at a SOB branch in this case the contracting parties conclude a new contract replacing the existing Contract including Smart Key activation If the Account Holder has several identification numbers the Smart Key can only be activated at a CSOB branch If the Account Holder is interested the Smart Key can also be activated under the following conditions b
12. cts the data in Part Ill of the Contract with the most recent date will apply The following services can be used within the ELB Services SOB Linka 24 i e Client Representative services phone communication with specially trained staff SOB Info 24 automatic delivery of information which the Account Holder may choose a SOB InternetBanking 24 with an SMS key Smart Key passive secured communication with SOB via the Internet The Internet application can be used with SOB InternetBanking 24 passive service With SOB InternetBanking 24 with an SMS key service the CSOB SmartBanking application can also be used in addition to the Internet application If the Account Holder used to use an SMS key and has activated the Smart Key he can also continue using the CSOB Smartbanking application The Account Holder can use the CSOB SmartBanking concurrently with the newly established CSOB InternetBanking 24 service with a Smart Key For error free use of the ELB Services CSOB requires the Account Holder to have the following HW and SW equipment for particular services a SOB Linka 24 phone with pulse tone option or mobile phone for sending accepting SMS messages b CSOB InternetBanking 24 the HW and SW is specified in the user manual of the CSOB InternetBanking 24 service and in the CSOB SmartBanking service manual A detailed description of using the ELB Services is given in the manuals and instructions for the ELB
13. d It captures the dynamics of the signature and its characteristics transferred into it by the signatory When CSOB allows it the Account Holder negotiating with SOB in person can confirm by his biometric signature the validity of his written acts made by electronic means To use his biometric signature the Account Holder must provide SOB with his consent to biometric data processing For more information see the Information on personal data processing document on www csob cz and at CSOB branches ELB Services Characteristics 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The ELB Services will be provided through a written Contract concluded between SOB and the Account Holder The ELB Services will only be provided if the Account Holder has an account When SOB allows it the Account Holder can sign contractual or other documentation electronically using the biometric signature on an electronic tablet or signpad SOB will sign this documentation with the scanned signature of a SOB authorized representative biometric or otherwise The contractual documentation will come into effect when it is signed by all the Contracting Parties the documentation to be signed by only one of the contracting parties will become effective when signed by the relevant Contracting Party SOB then affixes an electronic sign and a qualified time stamp to documentation and sends it to the Account Holder to t
14. e the Account Holder informs CSOB in accordance with Paragraph 43b he will not be responsible for any damage incurred from the loss theft or misuse of his personalised security elements or means of communication with the ELB Services except for fraudulent transactions by the Account Holder The Account Holder will not be responsible for any damage in accordance with Paragraphs 45 and 46 if the means of communication with the ELB Services are used without the authentication or identification personalised security elements In this case the use of the means of communication is not sufficient to establish the Account Holder s responsibility The Account Holder must use the ELB Services or means of communication with the ELB Services in accordance with the Terms and Conditions in particular adhere to all the agreed principles for the security of the means of communication with the ELB Services including personalised security elements The Account Holder confirms the correctness of particular instructions delivered to CSOB via a Client Representative of the CSOB Linka 24 service by his approval at the end of a telephone call The Account Holder s approval is considered an page 4 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 50 51 52 53 54 55
15. entitled to change the provisions of these Terms and Conditions to modernize ELB Services in accordance with the normal commercial practices of banks and branches of foreign banks operating on the Czech market and with regard to changes in the legislation affecting the business activities of CSOB and its affiliates Any changes according to the previous sentence are considered reasonable 109 These Terms and Conditions will become effective on July 1 2015 and the Terms and Conditions for Provision of CSOB Electronic Banking Services for Account Holders without Authorised Persons of April 1 2015 cease to be effective eskoslovensk obchodn banka a s page 8 of 8 eskoslovensk obchodn banka a s Radlick 333 150 150 57 Praha 5 Business Identification No I O 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46
16. g Helpdesk CR Failing to fulfil these obligations will be considered a serious breach of the Contract The Client representative after agreement with the Account Holder will immediately block his access to the ELB Services and agree with him on further procedures CSOB will take all the appropriate measures to stop the further use of ELB Services even when the Account Holder is negligent or carries out a fraudulent transaction The Account Holder must provide CSOB with the maximum co operation during remedial measures If the Account Holder does not accept the proposed measures CSOB will not be liable for any damage the Account Holder may incur c Finds an unauthenticated payment transaction i e a payment transaction for which he has not given an order errors or other discrepancies in the account maintenance for which the ELB Services are provided he must inform CSOB at the branch in person or by phone via the Client Representative at the CSOB Linka 24 telephone number which is available in the ELB Services information material The Account Holder need not confirm CSOB of the announcement in writing The Account Holder will be fully responsible for any damage incurred due to the loss theft or misuse of personalised security elements or means of communication with the ELB Services for example a lost stolen SIM card or mobile phone mobile facility with activated CSOB SmartBanking application Smart Key application etc until CSOB is informed Onc
17. he CSOB InternetBanking 24 service Documents folder If the obligation and the contractual relationship under the Contract is terminated the contractual or other documentation will be removed from the Documents folder The day before the contractual relationship is terminated the Account Holdermust deposit the documentation in another storage site The ELB Services will be provided at the request of the Account Holder either Czech or foreign After concluding the Contract the Account Holder will be allowed to use the ELB services to communicate with CSOB and access CSOB s and affiliates selected products and services SOB automatically makes accounts or selected CSOB s and its affiliates products and services to which CSOB provides access available to the Account Holder fully legally competent person through ELB services after the Contract is concluded or after its next update if the Contract was concluded before April 30 2012 at the Account Holder s request or after the next update of the data in the Contract unless the parties agree otherwise If a minor account holder concludes a Contract after he reaches legal age his accounts or selected CSOB s and its affiliates products and services to which SOB provides access will be made available to him through ELB services at the next update of the data in the Contract No limit per transaction can be determined in this case If the Account Holder concludes several Contra
18. ia the Internet will be safely electronically archived at CSOB pursuant to Law No 21 1992 of the Collection on Banks as subsequently amended for the respective period so that payment transactions can be located and errors corrected CSOB will be responsible for safe archiving CSOB is entitled to adjust the settings of ELB Services specified in the Contract or the Terms and Conditions in order to provide the highest level of security of these services if there are reasons beyond the control of CSOB threatening to reduce the level of security protection after notifying the Account Holder via these ELB services or in writing no later than two months before the date of the changes modifications to the ELB services settings are made Time Limits 78 79 80 81 82 83 84 Account Holder s instructions will be accepted via the ELB Services 24 hours a day 7 days a week Account Holder s instructions will be executed in accordance with the Terms and Conditions for Accounts and Payments or the respective contractual provisions between the Account Holder and CSOB and or CSOB affiliates as the case may be ELB Services payment transactions on accounts will be made by CSOB in accordance with the Account Holder s instructions Payment transactions to be made must comply with the following The Terms and Conditions Terms and Conditions for Accounts and Payments Legal regulations or in accordance with the terms and conditions
19. in CZK in the Czech Republic i e a payment order priority payment standing order collection permit collection order transfer in CZK or a foreign currency between accounts of the same Account Holder kept at CSOB both in CZK and a foreign currency or repaying a credit card loan b Non documentary payments in a foreign currency and in CZK to a foreign country and in a foreign currency in the Czech Republic i e within CSOB i e a foreign payment order abroad and in a foreign currency in the Czech Republic 12 The Data Box is an electronic depository for deliveries from public authorities interacting with public authorities and deliveries of documents of private individuals private individuals entrepreneurs and legal persons Data Boxes are established and administered by the Ministry of the Interior Section 2 of Law No 300 2008 Coll on Electronic Transactions and Authorized Conversion of Documents as subsequently amended Oo page 1of8 eskoslovensk obchodn banka a s Radlick 333 150 150 57 Praha 5 Business Identification No I O 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 13 14 A Convenient Data Box according to these Terms and Conditions is a data box accessible within the SOB InternetBanking 24 service environment or its Internet application Biometric signature is a person s own signature on an electronic tablet or signpa
20. is a six digit numeric data by which the Account Holder authorizes Instructions or logs in to the Internet application of the CSOB InternetBanking 24 service An Authorization Code is generated separately for each Instruction login and is displayed in the Account Holder s Smart Key Application 9 The means of communication with the ELB Services will be in accordance with these Terms and Conditions as follows a A telephone with pulse tone option b A Mobile portable facility mobile phone or other mobile facilities with Internet access e g smartphone tablet laptop the recommended configuration of which is listed in the user manual of the respective service c APC personal computer with the recommended configuration as specified in the SOB InternetBanking 24 service user manual or ELB Services information material 10 An instruction is an instruction of the Account Holder delivered to CSOB via the ELB Services for a payment transaction payment order or to use products and services provided by CSOB and or its affiliates according to the actual offers The products and services provided by CSOB and or its affiliates will be governed by the respective business terms and conditions and the contractual provisions between the Account Holder and CSOB and or its affiliates unless these Terms and Conditions stipulate otherwise 11 A payment transaction is a money transfer within a Domestic payments from an account denominated in CZK and
21. iscovered before using it b an updated Internet browser from the list of recommended SW available at www csob cz c a functional constantly active and updated antivirus program that regularly checks the Device for viruses The Account Holder must a Install in his her tablet or smartphone only programs from trusted sources or those recommended expressly by the device manufacturer App Store Google Play Windows Store and exactly follow the authorizations required by the installed application e g deny the application access to SMS messages etc b not use mobile devices with settings that have been changed for a bank account by the so called jailbreak or root these changes may affect the security of these devices by reducing its resistance to malicious software c have the Device under permanent control and use all possible precautions to prevent a third party accessing the Device e g securing the Device by a pass phrase d use only a trusted and properly secured Device e g not a public computer with Internet access without an adequate level of safety The Account Holder must know about the security of Electronic Banking services in particular a the methods of logging in and authorizing operations b the options of setting safe personalized elements as SOB allows in particular the recommendation of not using simple passwords or passwords that can be derived from his personal information c the options of setti
22. ly through the Internet application of the SOB InternetBanking 24 service SOB makes account statements available monthly as standard in the PDF format in Czech unless agreed otherwise The Account Holder may request a change in the frequency of account statements or require electronic account statements to be replaced with paper ones and vice versa The Account Holder will be informed of the account history for the period specified in the Services ELB manuals Electronic account statements are available through the Internet application of the SOB InternetBanking 24 service for a limited time 18 months for monthly account statements 7 months for weekly account statements and 6 months for daily account statements Payment transactions instructions are disclosed separately along with the dates so that the Account Holder can identify the payment transaction instruction or the beneficiary with whom the payment transaction instruction is made as the case may be and the amount debited in CZK or foreign currencies Also the account balance can be verified via the ELB Services The Account Holder must check the continuity of settlements the correctness of the funds in the account and the correctness of payment transactions and executed instructions in account statements immediately If the Account Holder finds discrepancies in settling or not settling feasible payment orders or instructions he must notify SOB of the defects and ask to have them removed
23. mits specified by the Account Holder are stipulated in the Contract The limits according to Paragraphs a 21 to 23 do not apply to a Collection order b 21 and 22 do not apply to a Transfer between accounts of the same Account Holder To use the CSOB InternetBanking 24 service Internet application the Account Holder must contact the official CSOB pages at www csob cz or the Internet application directly at https ib24 csob cz When the CSOB InternetBanking 24 Comfort Settlement service is used CSOB will not be responsible for the contents of electronic documents tax documents or other written documents related to the payment issued and delivered by the service provider to the CSOB InternetBanking 24 service The Account Holder must complaint about services products the fee charged etc directly to the respective service provider The list of service providers with whom CSOB has concluded a Comfort Settlement contract will be available on the CSOB Internet www csob cz The ELB Services will be completely provided in Czech The Account Holder can choose English for the CSOB InternetBanking 24 service An Account Holder who has established a Data Box and has received access data to the Data Box can use the Convenient Data Box within the Internet application of the CSOB InternetBanking 24 service after the Convenient Data Box is activated The Account Holder activates the Convenient Data Box by connecting the Convenient Data Box and the Da
24. ng safety limits to limit the amount of active transactions and transactions per service see Paragraphs 21 and 22 of these Terms and Conditions d the method of communicating with CSOB e g no reaction to e mail messages with a suspicious title and content especially when personal data passwords PIN codes payment card numbers must be disclosed e safe behaviour on the Internet e g not opening documents attached to suspicious e mail messages or not clicking on the links they contain All suspicious reports must not be opened and should be deleted f the procedure for the loss theft or disclosure of personalized security features digital Devices or mobile devices i e immediately inform CSOB and ask for access to Electronic Banking services to be blocked in accordance with Paragraph 43 b for a mobile device ask the operator to block the SIM card g the safely principles for using Electronic Banking available at www csob cz The Account Holder is fully responsible for any damage incurred as a direct result of breaking the obligations of the Article Rights Obligations and Responsibility of the Account Holder Paragraphs 39 to 41 of these Terms and Conditions The Account Holder must use the ELB Services only in accordance with the Contract the Terms and Conditions and other ELB Services instructions and adhere to the procedures specified in them in particular he must prevent any other person from getting to know the personalised security eleme
25. nts used must not disclose these personalised security elements to any other person and must not keep them in an easily readable form or have or keep them together with the means of communication with the ELB Services i e he must take all reasonable measures to protect his personalised security elements and communication means to the ELB Services Failing to fulfil these obligations will be considered a serious breach of the Contract pursuant to the provisions of Section 1977 of the Civil Code If the Account Holder a Forgets his personalised security elements he must set new personalised security elements if possible or go to the CSOB branch to set new personalised security elements b Discovers that personalised security elements or means of communication with the ELB Services have been lost stolen or misused for example a lost stolen SIM card or mobile phone or mobile facility PC with an activated CSOB SmartBanking application CSOB Smart Key etc or finds that an unauthorized person knows his personalised security elements he must set new personalised security elements if possible or as in the other cases loss theft misuse or no possibility of changing the security elements through ELB services inform CSOB of this immediately either in person at the CSOB branch or by phone to the Client Representative via the CSOB Linka 24 telephone number given in the information materials for ELB Services or by phone or email to the Electronic Bankin
26. of the CSOB InternetBanking 24 service ceases to be used the Convenient Data Box will be cancelled disconnected from the Data Box on the same date concurrently all data messages stored in the Convenient Data Box will be irretrievably deleted If data messages from the Convenient Data Box need to be stored even after the CSOB InternetBanking 24 service is terminated the Account Holder must store them outside the Internet application of the CSOB InternetBanking 24 service himself When using the Convenient Data Box CSOB recommends not using the Data Boxes information system web interface for handling data messages in the connected Data Box If this interface is used the data messages in the Convenient Data Box may not be registered in full Identification and Authentication of the Account Holder 33 34 35 36 37 When providing any banking service CSOB must identify the Account Holder or a person representing the Account Holder CSOB identifies them in accordance with the legal regulations and to the extent specified in them especially identifying transactions that exceed the amount prescribed by the legal regulations If the Account Holder or a person representing the Account Holder refuses to comply with the required extent of identification the banking service will not be provided CSOB must refuse to provide banking services while maintaining anonymity Pursuant to the law on measures against money laundering and financing terrori
27. ontract is objectionable or unenforceable or becomes so it will not affect the validity and enforceability of the other provisions of these Terms and Conditions or Contract if it can be separated from these Terms and Conditions or Contract as a whole and if it can be assumed that the legal action took place without the invalid part if CSOB recognized the invalidity in time CSOB and the Account Holder will make every effort to replace this provision with a new one with contents and effects as close as possible to the invalid objectionable or unenforceable provision 107 SOB is entitled to propose changes in the Terms and Conditions Price List SOB will let the Account Holder know about the suggested changes in the Terms and Conditions Price List at the operational premises of CSOB branches and on the Internet at www csob cz no later than 2 months before the date when the changes should come into effect CSOB also informs the Account Holder simultaneously through a notice on account statements If the Account Holder does not refuse the suggested changes it will be considered that he has accepted them If the Account Holder refuses the suggested changes before the date when they should come into effect he will be entitled to terminate the Contract affected by these changes with immediate effect 108 Because of the nature of these Terms and Conditions it is reasonable to expect that they will be subsequently amended According to Paragraph 107 CSOB is
28. order payment transaction a has been placed b has been correctly recorded and disclosed c has not been affected by any technical breach or another defect Communication 95 96 97 98 99 100 Unless otherwise specified in these Terms and Conditions all communication between CSOB and the Account Holder about the Contract is carried out according to the following rules Communication between CSOB and the Account Holder must be in Czech as follows unless agreed otherwise a in person when the Account Holder comes to a SOB branch b by phone c in writing d electronically or e through the Client Centre Document will be considered delivered on the third working day after it is sent within the CR and the 15th working day after the day the document is sent abroad If a document is returned by a postal service provider as undeliverable the effects of delivering it occur on the day when the consignment is returned to the SOB The effects of delivering it occur even if the Account Holder refuses to accept it SOB will only accept by electronic communication through the ELB Services an Account Holder s instructions that contain the complete data corresponding to the prescribed formats and authorized according to the selected electronic service CSOB is not liable for damage caused by not executing incomplete or unauthorized instructions CSOB is entitled to refuse to execute or not to execute instructions in other ca
29. payment transaction c An error or other discrepancy in the maintenance of the account for which ELB Services have been established will be accepted by CSOB through all its branches or by phone via the Client Representative on the telephone number of the CSOB Linka 24 available in the ELB Services information material or on the telephone number or e mail address of the Electronic Banking Helpdesk CR CSOB will take all appropriate measures to stop any further use of the ELB Services after receiving information in accordance with Paragraph 43 Letter b and 71 Letter a even if the Account Holder is negligent or commits a fraud The ELB Services are provided via public communication and data lines CSOB will not be responsible for their security and therefore cannot influence the fact that the Account Holder may incur damage from any misuse of transmitted messages SMS messages and messages sent by electronic mail must not be electronically signed or encoded All telephone calls made using the CSOB Linka 24 service will be sound recorded Because of the specific nature of ELB Services particular requirements and individual payment transactions on Account Holder s accounts via the Client Representative via instructions delivered by the Internet through a sound recording copies of sent SMS messages or copies of requirements transmitted via the Internet can be documented Sound recordings SMS messages as well as records of requirements transmitted v
30. s and on Internet at www csob cz CSOB will not be liable for not executing a payment transaction impossibility to use or unavailability failure or the ELB Services caused directly or indirectly by reasons beyond the control of CSOB and its partners because of force majeure international sanctions pursuant to the legal regulations for international sanctions natural disasters HW failures computer viruses or other events caused for example by a third party third party program etc CSOB is not responsible for damage incurred by the Account Holder due to the impossibility of using ELB services according to the preceding sentence If a contractual obligation is breached CSOB is responsible only to the Account Holder and not to the person who would benefit from the obligations The Account Holder has no legal entitlement to conclude a Contract CSOB shall inform its clients about current attacks on electronic systems and their manifestations on its safety and security website at https bezpecnost csob cz providing such information is available CSOB is entitled to immediately block ELB services if malicious software is detected on the Account Holder s Device or if the Account Holder s behaviour breaches the Contract and or these Terms and Conditions Security 71 72 73 74 76 77 Information about a he loss theft or suspected misuse of security elements and or means of communication b Finding an unauthorized
31. ses preventing the instruction being executed according to the Terms and Conditions for Accounts and Payments or other contractual terms and conditions for services or products of CSOB and its affiliates CSOB will not execute a payment order if there are insufficient funds in an Account Holder s accounts to be debited if the accounts are blocked etc CSOB notifies the Account Holder of not executing a payment order in accordance with the Terms and Conditions for Accounts and Payments CSOB is not liable for any damage incurred as a result of incorrect or duplicate instructions given to CSOB through the ELB Services Final Provisions 101 102 103 104 CSOB keeps confidential all matters subject to banking secrecy pursuant to the law CSOB keeps this information confidential even after the contractual relationship with the Account Holder is terminated CSOB provides information subject to banking secrecy only to relevant persons and institutions pursuant to the law and the contractual arrangements with the Account Holder The Account Holder is responsible for the topicality correctness and completeness of the data given to CSOB and will notify CSOB without undue delay of any changes in this data and prove the change by a valid identity document or another document from which the change is clear with the exception of changes in the correspondence or residential permanent address which the Account Holder only communicates After establi
32. shing a contractual relationship with the Account Holder CSOB processes his personal data pursuant to Law No 101 2000 Coll on Personal Data Protection For more information on processing personal data see the document Information on Personal Data Processing available at www csob cz and CSOB branch operational premises Both CSOB and the Account Holder are entitled to terminate the Contract without giving any reason If the Account Holder terminates the Contract the obligation will cease to exist and the contractual relationship under the Contract will cease to exist when the termination notice is delivered to CSOB If CSOB terminates the Contract the notice period will be two months page 7 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 and commence on the first day of the calendar month after that in which the termination notice is delivered CSOB s right to proceed in accordance with Paragraph 70 will not be affected 105 The Account Holder is not entitled without CSOB s prior written consent to assign transfer change pledge or otherwise encumber or dispose of the Contract its parts or individual rights arising from them or negotiate with a third party to assume a debt resulting from the Contract 106 If any provision of these Terms and Conditions or C
33. sm CSOB is entitled to ask the Account Holder to provide additional data on the Account Holder those representing the Account Holder to ask the Account Holder to submit the required documents or information including proof of the origin of funds remitted to an Account Holder s Account documents proving the Account Holder s solvency and his liabilities or his credibility and the Account Holder is obliged to provide this CSOB is entitled to make photocopies of all documents submitted by the Account Holder for its own use CSOB is entitled not to execute a Account Holder s transaction if it is associated with the risk of money laundering or financing terrorism or if an Account Holder s transaction is suspected of being subject to international sanctions pursuant to the legislation on international sanctions or if CSOB reasonably believes an Account Holder s transaction does not comply with the legal regulations The Account Holder will be identified for particular services as follows a CSOB Linka 24 Client Representative services by the identification number and authenticated via selected signs from the PIN which the Account Holder receives when signing the Contract in an envelope and selected signs from the password which the Account Holder specifies when signing the Contract If the Account Holder cannot provide the password he has chosen for communication with the Client Representative CSOB can allow the Account Holder to use an
34. t application of the CSOB InternetBanking 24 service will be generated on the mobile device of the Account Holder The Smart Key Application can be used online via the Account Holder s data connection or offline The ELB Services will contain the following security elements a Password six to ten digit albhanumerical data by which the Account Holder will be authenticated The Account Holder can change the Password at any time b PIN a five digit number that is generated automatically by the system by which the Account Holder will be authenticated or will authenticate instructions The Account Holder can change the PIN at any time c The PIN for the Smart Key Application is a five digit numeric or image code enabling the Account Holderto use the Smart Key Application The Account Holder can choose change the PIN for the Smart Key Application directly in this Application d SMS key Authorization code nine digit alphanumeric data through which the Account Holder will authenticate instructions or log in to the CSOB InternetBanking 24 service Internet application The SMS key is also used to activate the CSOB SmartBanking application and activate the Smart Key The SMS key is also used to activate the CSOB SmartBanking application The authorization code will be generated separately for each instruction log in and sent to the Account Holder in the selected way to a pre defined mobile phone number e The Smart Key Authorization Code
35. ta Box in the page 2 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 29 30 31 32 CSOB InternetBanking 24 service Internet application by entering his access data to a Data Box After connecting the Convenient Data Box with the Data Box the Account Holder can access data messages in his Convenient Data Box directly from the CSOB InternetBanking 24 service Internet application Data messages that the Account Holder transfers from the connected Data Box are stored in the Convenient Data Box and the Account Holder can access them throughout the period of using the Internet application of the CSOB InternetBanking 24 service unless the Convenient Data Box is cancelled The Account Holder can disconnect the Convenient Data Box from the Data Box through the Internet application of the CSOB InternetBanking 24 service CSOB is entitled to disconnect the Account Holder s Convenient Data Box from his Data Box if the Account Holder does not use the Convenient Data Box for more than one year In this case the Account Holder can access all data messages transferred to this box However the Account Holder cannot transfer new data messages to the Convenient Data Box from the Data Box The Account Holder can reactivate the Convenient Data Box If the Internet application
36. ties with the laws and court decisions when looking after a minor s funds On the date of legal age or date of full legal capacity whichever is earlier the Account Holder is entitled to take any legal action separately The effects of actions taken by the parent before the date of the Account Holder s legal age are retained If the parents assets are declared bankrupt during insolvency proceedings CSOB is entitled to block the funds in the minor Account Holder s account and block access to the funds in the minor Account Holder s account through ELB Services page 3 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 38 39 40 44 42 43 44 45 46 47 48 49 If the Account Holder is represented by a court appointed guardian the guardian is responsible for the Account Holder disposing of funds in the account through ELB Services only to the extent arising from the relevant laws and court decisions and is responsible for protecting personalised security elements and the Account Holder s safe use of ELB Services The Account Holder must ensure that the device used to manage the account s and electronic banking services provided the Device has a anupdated operating system regular updates remove security week points d
37. y the CSOB InternetBanking 24 service and CSOB and the Account Holder agree that the Contract will be changed accordingly By activating the Smart Key the Account Holder agrees that the version of the Contract concluded before activating the Smart Key will apply with the following changes if the Account Holder has established an SMS key the authentication and authorization method will change from the SMS key to the Smart Key according to the setting the Account Holder had for the SMS key if the Account Holder logs into the CSOB InternetBanking 24 service with an Identification number and PIN when the Account Holder activates the Smart Key the log in method will change to the Identification number PIN and Smart Key In other cases the Smart Key can only be activated at a CSOB branch If the Account Holder uses a Smart Key it can only be deactivated or the way of authenticating or authorizing Instructions can only be changed at a CSOB branch Output information will be delivered as required by the Account Holder to the addresses stated in the Contract which the Account Holder can unilaterally change via selected ELB Services CSOB s Rights Obligations and Responsibilities 57 58 59 60 61 62 63 CSOB is entitled to have an officially verified signature on all written legal acts of the Account Holder which he does not sign before a CSOB employee A Contract with a minor Account Holder can only be concluded with
38. y will not apply if the Account Holder s action is contrary to the Contract and or the provisions of the Terms and Conditions especially Paragraphs 42 to 56 c Errors or other discrepancies by SOB in the account maintenance for which the ELB Services have been established In the cases stipulated in Paragraph 61 Letters a to c CSOB will provide the Account Holder with the following a The amount of the unexecuted or incorrectly executed payment transaction including any interest on it b The remaining amount needed to re establish the original condition Remedial measures are specified in the Terms and Conditions for Accounts and Payments The provisions of Paragraph 62 Letters a and b will not apply if CSOB proves that the Account Holder has broken his obligations stipulated in the Contract and or the Terms and Conditions page 5 of 8 Ceskoslovenska obchodni banka a s Radlicka 333 150 150 57 Praha 5 Business Identification No ICO 00001350 Registered in the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 64 65 66 67 68 69 70 CSOB will be entitled to charge the Account Holder s account with fees in accordance with the CSOB Price List hereinafter the Price List for ELB Services All types of fees which the Account Holder will have to pay for using the ELB Services and the CSOB Info 24 service are given in the Price List available at all CSOB branche
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