Business Terms and Conditions for Electronic
Contents
1. the payment order For payment transactions exceeding CZK 1 million or its equivalent in the respective foreign currency the Bank reserves the right to specify the exchange rate according to the actual interbank rate VIII Prices for Services 1 Forservices provided by the Bank the Client will be charged fees established in the valid List of Fees Unless agreed otherwise fees are debited to the account specified by the Client The Bank is nevertheless entitled to debit the fees to any other account maintained for the Client 2 Fees are understood to include in particular a one time fee for installation a one time fee for activation and a reg ular fee for using the Multicash service A fee for executing a domestic payment or foreign payment as well as an extra charge for an express payment are debited to the account from which the payment was made IX Claims Settlement 1 The Client is entitled to exercise his or her right to file a claim concerning transactions executed through the Multicash system no later than 30 days after the transac tion settlement date The deadline for claim settlement depends on the type of transaction and reason for the claim The Bank shall inform the Client about the claim settlement in writing X Change in the Terms and Conditions 1 The Bank is entitled periodically to update the Terms and Conditions The Bank publishes the full wording of updated Terms and Conditions at its premises2. Y SBERBANK Business Terms and Conditions for Electronic Communication with Bank Multicash Effective as of 28 February 2013 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH BANK MULTICASH I Introductory Provisions 1 2 These Business Terms and Conditions hereinafter referred to as the Terms and Conditions correspond to the Czech National Bank s model business terms and conditions for issue and use of electronic payment instruments dated 4 December 2002 with the following differences When the Client notifies Sberbank CZ a s hereinafter referred to as the Bank by phone about loss thejt of soft ware or discovery of an unauthorized operation mistake or any other discrepancy in account maintenance the Bank does not provide the Client with a proof of notification Telephone notifications may be made only during the business hours of the Bank s headquarters The Bank shall not take responsibility automatically for anon executed or improperly executed transaction with out prior investigation of a submitted claim These Terms and Conditions are an integral part of the Contract on Electronic Communication between the Bank and Client Multicash hereinafter referred to as the Con tract The Contract is governed by Czech law Il Description 1 2 Multicash is an electronic banking service providing the Client with electronic access to his o
3. accessible to the Cli ent Page 02 of 03 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH BANK MULTICASH 2 The Bank shall inform the Client about any change to the Terms and Conditions in the account statement and about the content of changes to the Terms and Conditions by a message sent through the program 3 Unless the Client explicitly expresses his or her disagree ment with the updated Terms and Conditions in writing within 30 days from publication of the update and if he or she continues to accept services provided by the Bank the updated Terms and Conditions become binding for its contractual relationship with the Bank effective from the date specified in the updated Terms and Conditions Effective as of 28 February 2013 Page 03 of 03
4. age incurred by the Client in connection with using the Multicash system in cases when the damage ensued from a violation of the Bank s obligations 13 The Bank takes no responsibility for potential damage incurred by the Client resulting from the Client s gross negligence breach of his or her obligations established in the Contract and the Terms and Conditions or fraud VI Processing Terms and Conditions 1 The Client may submit a payment order to the Bank no earlier than 30 days before the payment date If the pay ment date falls on a non working day or holiday the Bank Shall perform the payment on the next business day 2 Unless the Client specifies a later payment date the Bank will process payment orders on the same day provided the data are submitted to the Bank within the cut off times stipulated by the Bank These cut off times are specified on the notice boards in the Bank s business premises and on its website www sber bankcZ cz 3 The Bank will process payment orders that it receives after the specified cut off times on the following banking busi ness day unless the Client specifies a later payment date 4 The Bank will execute a payment order only if the form is correctly filled out and the balance on the account at the time of processing the order is sufficient for completing the transaction The Client takes responsibility for the correct ness of the data provided in payment orders 5 The Bank cred
5. its and debit the funds to and from the Cli ent s accounts during of the banking business day 6 The Bank informs the Client about the processing of pay ment orders by means of account statements and in the case of foreign payments by payment notice The Client can download these statements notices from the Bank s communication server on the business day following the day of the Bank s processing of the payment order 7 Any order becomes irrevocable once received by the Bank Cancellations are only possible in very exceptional cases on prior agreement with the Bank and on condition that the Bank has not yet executed the payment Vil Execution of Domestic and Foreign Payment Orders Domestic payment orders 1 If the Client requires certain domestic payments to be processed as urgent express in addition to the order a printed payment order form must be sent by fax to fax no 00420 543 525 507 containing the text Urgent payment request indicating the requested payment and date and bearing the signature according to the signature specimen Foreign payment orders 1 All foreign payment orders shall have a payment title en tered in the field Statistical code pursuant to Czech Na tional Bank Decree No 183 from 16 April 2002 2 If the Client requires certain foreign payments to be pro cessed as urgent express the text URGENT PAYMENT must be entered in the field Payment purpose Effecti
6. r her account or ac counts hereinafter referred to as the Account main tained by the Bank The Client is entitled to use electronic communication with the Bank by means of Multicash for placing domestic pay ment orders direct debit requests foreign payment orders requests for establishing a term deposit and requests for transacting with a term deposit for working with account Statements and for receiving information on the account balance lists of exchange rates reference tables and text messages from the Bank lll Technical Requirements 1 2 Minimum required hardware for the Client PCwith Pentium 75 MHz processor or higher 16MB RAM Atleast 20 MB free space on the hard disc depending on the number of installed modules 1 44 MB floppy disc drive CD drive Colour monitor Mouse Printer Modem analogue ISDN Client s software Windows operating system IV Application Software 1 The application software includes a Multicash software installed on the Client s technical equipment b floppy disc s for electronic communication with the Bank including a BPD file file containing banking Effective as of 28 February 2013 parameters storing the key data for access to the Bank enabling sending of payment orders and receiv ing of information about the Client s accounts account Statements preset account operations and exchange rates c flopp
7. ss or cause for suspected disclosure of confidential data to a third party that could enable the party s unauthorized use of the Client s account by phone during the business hours of the Bank s headquarters and subsequently con firm the information in writing The Client may also make the notification by email to multicash sberbankcz cz The Client also is obliged to notify the Bank about any trans action for which he or she did not place the order as well as about any errors or discrepancies in account maintenance immediately after their discovery The Bank shall block electronic access to the account based on the Client s instruction or on its own initiative in the case of justified suspicion of misuse 10 Potential costs incurred in connection with blocking elec 11 tronic access to the account shall be covered by the Client If the reason for blocking electronic access is the Bank s negligence then the costs shall be covered by the Bank For security reasons or due to system maintenance the Bank is entitled in urgent cases to interrupt access to Multi cash or to suspend the provision of certain or all Multicash services without prior notice The Bank is obliged to inform the Client of such circumstance without undue delay by means of a message sent through the program Page 01 of 03 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH BANK MULTICASH 12 The Bank takes responsibility for potential dam
8. ve as of 28 February 2013 3 Incase of arequest for carrying out a payment by cheque the Payment purpose field shall include PAYMENT BY CHEQUE The Bank shall debit all fees from the account of the party placing the order the final recipient shall re ceive the whole amount by cheque 4 All payment orders so called conversions transfers be tween accounts maintained by the Bank in different cur rencies transfers between accounts maintained by the Bank in the same foreign currency and payment orders in CZK from foreign currency accounts to Czech banks Shall always include the Bank s code 6800 in the field Name of recipient s bank and the recipient s full banking information including bank code e g 123456789 6800 in the field Recipient s account 5 These payment orders must be submitted using the foreign payment order form 6 The amount in CZK displayed when filling out a foreign pay ment order is only informative the system uses the transfer mid rate for conversion 7 The Bank will not execute the payment unless all of the above requirements are fulfilled and the Client shall be in formed by means of a message sent through the program 8 The Bank takes no responsibility for exchange rates used for processing of foreign payment orders effective at the moment of receiving the order from the Client The Bank Shall process the foreign payment order using the exchange rate effective at the time of processing
9. y disc for user admin2 primary user in the soft ware installation user with unlimited authorization with the exception of authorization for electronic com munication with the Bank and d user manual on CD V Rights and Obligations of the Contracting Parties Ensuring Security 1 2 3 4 5 6 7 8 9 The Bank hereby undertakes to supply the Client with the appropriate application software for electronic communi cation with the Bank including installation on the Client s technical equipment corresponding to the Bank s specified requirements after signing the Contract Together with the application software the Bank shall provide the Client with identification code s enabling ac cess to and use of the Multicash system All such data is strictly confidential The Client is obliged to make sure that confidential data shall not be disclosed to any unauthorized third party The Client is obliged in particular to use the application software solely for electronic communication with the Bank and in accordance with the instructions described in the User Manual The Bank reserves the right to change the User Manual at any time and agrees to inform the Client immediately about any such change by means of a message sent through the program The Client may not copy the application software or pro vide it to any third party The parties shall immediately inform each other about any lo
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