Introduction
The Customer is a customer of the Bank and maintains an account(s) with the Bank on which various banking transactions are being made, and as it is the Bank's intention to provide further banking services to its customers in order to facilitate their self operation of accounts at their offices thus saving their time and efforts.
Both parties agreed that the Bank shall provide the necessary banking services to the customer through the Internet to be used by the Customer in inquiring about his account(s) with the bank and carrying out various Banking transactions on this account/these accounts; he shall also have the right to transfer any amounts from this account/these accounts to other account(s) held by him or others and performing other transactions as indicated in the attached authorization forms subject to the rules and provisions agreed on hereunder. The Customer assumes full legal and judicial responsibility for all transactions conducted using his access codes whether carried out by him personally or by any of his staff, subordinates or dependants or others and undertakes to protect his access codes against misuse by others. The Customer shall not hold the Bank liable for any loss or to make compensations resulting hereunder.
In view of the above, both parties agreed as follows:-
First: The above introduction, the attached authorization, the forms and statements prepared for each service under this agreement are integral parts of this agreement.
Second: The service requested to be used through the overall services provided by the bank and the persons authorized to use these services together with any account and/or amount limit have been specified under Customer's authorization and other supplements to this agreement whether at present or in future.
Third: The Customer undertakes as follows:
1- That he will maintain and protect the access information given to him against misuse by him or by the authorized persons or by others and that he will not exempt or discharge oneself from such responsibility for any reason, whatsoever.
2- That he or the persons authorized to access the services will not disclose the User-ID and password assigned to him/them by the Bank as a key to access the services, and that will ensure that they are used only by him or by his authorized personnel as mentioned in the attached authorization.
3- That he will notify the Bank immediately, in writing, if any of the persons authorized to operate the services is no longer under his employment. However, if the Customer fails to notify the Bank of any such changes, he will then forfeit his right to claim cancellation of any transactions carried out by such persons.
Fourth: The Customer’s covenants shall be as follows:
1. That all the transactions carried out using his personal code are correct and genuine and have been carried out by him or by his authorized personnel and that he may not object to any banking transaction conducted on any of his accounts and may not object against such entries in future.
2. That the computer reports generated by the Bank in respect of all transactions performed by the Customer or his authorized personnel, as mentioned in the attached authorization, will be deemed irrefutable and decisive evidence of any transaction performed by the customer or his authorized personnel, and that he assigns any pleas which may arise in relation to the impeachment of these entries in future.
3. That the Bank assumes no legal or judicial responsibility for any entries or instructions requested previously by the Customer together with the services indicated in this agreement or to be requested on a subsequent date hereto and which are passed or issued through his access codes and that the Bank shall not be liable to make compensation for any errors, whatsoever, resulting from the transactions made on the computer maintained by the Customer.
4. That he undertakes to carefully safeguard the cheque books delivered to him or to his representative or legal deputy, and which are requested through the service as outlined in this agreement, against loss or use by a third party in the event of which he undertakes to advise the Bank in writing and the concerned Government authorities immediately. The Customer agrees that any contraventions on his part to any of these undertakings will free the Bank from any legal responsibility and he shall be liable to make compensations for any resultant losses or damages incurred by the Bank or third parties.
5. In the event that special foreign exchange rates, or any fees or commissions have been agreed between him and the Bank over the telephone in order to conclude a transaction via this agreement, the rates, fees or commission entered into the transaction by the Bank will be considered valid by the Customer who will authorize automatic release of such transactions by the Bank as soon as such rates are entered without the need for the Customer to review the rate entered.
6. The Bank shall not assume any legal responsibility for any loss, delay, consequential damage or otherwise arising from any stoppage, breakdown or failure of the Bank's central computer, telephone line or the computer or if the Bank is unable to provide the service for a period of time owing to conditions beyond their control.
7. The e-mail address/s mentioned herewith is/are correct and I/we confirm that CBK shall not be held liable if the e-mail mailbox is compromised or accessed by an unauthorized personnel.
8. I/we am/are responsible for informing CBK if the e-mail address has changed or to cancel the service and CBK will not be held liable if I/we fail to abide accordingly.
9. I/we accept the electronic/soft copy as a proof/advice of the transactions and that I/we am/are aware that no hard copy of the advice will be provided by the bank.
10. The Bank reserves the right to refuse opening or closing the account without indicating the reason and if the account is closed within 90 days from it's opening date a commission of KD 5/- will be charged to employer account (which will be blocked at the time of labor account opening).
Labour Accounts
11. In case an employee has an existing Labour account the account will remain the same and the previously issued ATM card may be used or the laborer may apply for a new ATM card.
12. Company (the Customer) agrees to pay to the Bank a monthly charge of KD 1/- for each labor account linked to the company regardless the company has paid the salary to the laborer. The Company/ (the customer) shall authorize the bank to debit the company account for the total charges at the end of the month.
13. Company/ the Customer acknowledge his full awareness that the laborer account will be closed in the event no payment is made to the account for six consecutive months.
14. All Fees and charges on Labour Account will be as per the approved Bank's tariff.
Electronic Dividends Service Subscription for Companies
15. I hereby concur that the submitted information are correct and in conformity with the supporting documents.
16. The Bank is entitled to reverse registry on the instructions of Kuwait Clearing Company without obtaining my approval for any amounts that have been transferred to my account and reverse this amounts to the Company's account.
17. I hereby authorize Kuwait Clearing Company and the Bank to provide information relating to my uses to any other party as deemed necessary or when a sentencing/order is issued by a court.
18. Kuwait Clearing Company and the Bank are entitled to end this service at any time without obtaining my approval.
19. Neither Kuwait Clearing Company, nor the Bank, shall bear any responsibility whatsoever in respect of any loss I incur for the failure of the Bank or the Company to execute and implement these instructions for any technical reasons beyond its control, or because the Bank's refuses to process any of these instructions.
20. The subscriber is entitled to end this service any time by notifying Kuwait Clearing Company and the Bank (5) working days prior to end date.
21. In the case of cessation of activity or closure of my bank account, Kuwait Clearing Company has the right to reverse of the amounts transferred and deactivate this service.
22. This application shall be executed in Arabic and English.
23. If there is a difference or contradiction between the Arabic and English text of it, the Arabic text shall prevail. 9- Electronic Transfer Service (Dividends) is available only for shareholders in banks/issuers whom are registered in this service with Kuwait Clearing Company.
24. One bank account can subscribe for dividends electronic payment.
25. This service will be activated after one working day of receipt of this application.
26. The Bank maintains the original signatories to this application from the client, and sends a certified copy thereof to Kuwait Clearing Company to be acted upon.
Cheque Entry Service
27. Under this Service, and out of our intention to confirm that the cheques drawn on our account with your Bank have been issued by us as set out and mentioned in this application form "Account", we will enter the cheque's information in the Online Cheque’s Information Entry System (for Individuals) as applicable in your Bank so that this information will correspond & match the fundamental information contained in the physical cheques presented by the beneficiaries to your Bank for encashment.
28. In case any of the cheques's information entered by us under this Service is not matching the information contained in the physical cheques presented to your Bank for encashment, and in the event the information of the cheques is not wholly or partially entered under this Service, please advise the beneficiary to present the cheque once again to your Bank at a later date provided the cheque’s amount is on hold in your Bank's systems along with deducting the applicable commissions as calculated in this regard. Furthermore, you have to advise us of the same through SMS message or via any of the Bank's electronic channels so that we can respond & inform your Bank of our approval and confirm the issuance of the cheque. Notwithstanding the foregoing, your Bank may, in all circumstances and without any responsibility on your part towards us or the beneficiary or third party, encash all cheques drawn on the abovementioned account when all related terms, conditions and required information are met and fulfilled and even in that case where the cheques’ related information is not entered by us or the information entered was incomplete or divergent from the information contained in the physical cheques presented to your Bank for encashment.
29. You are also required to allow the beneficiary to get the amount of the cheque encashed on the counter or get it endorsed in favor of third party in case we strike through the phrase (Account Payee Only) and place our signature after striking through the said phrase.
30. We acknowledge our full understanding that registration in this service is prerequisite for protecting the cheques issued by us, easing encashment of the same via the Bank's diverse channels and combating the cheque forgery phenomenon. Furthermore, we understand that registration in this service will qualify us to obtain cheque books from your Bank on this account or any other accounts we maintain with your Bank.
31. Further, we declare our full understanding that in case we request to cancel this service, we shall comply to immediately return back all cheque books in our possession to your Bank for removing the same from the system.
32. I, the undersigned, acknowledge & comply and agree that I have read all terms & conditions related to this Service, understood its content and conclusively accepted the terms & conditions and obligations contained therein. Further, I declare that I have no right to object to such terms & conditions in the future. I also acknowledge that your Bank may hold the amount of cheque or deduct the commissions or take any other action whatsoever in the future in relation to this Service.
33. In the event that the cheque is submitted through CBK Mobile application, terms and conditions shall apply, which must be reviewed and accepted through the mobile application.
34. Any instructions previously issued by us in relation to the same Service previously described as "Online Cheque Authentication Service" are invalid & void upon signing this application form.
TPay Account Service
35. The customer acknowledge and agree that once he receive the TPay Wallet account number/s, you may register the TPay Wallet account by visiting www.cbk-online.com - corporate registration.
36. The customer shall acknowledge and agree that he will be responsible for requesting CBK for activating/deactivating wallets under the main account.
37. The customer shall acknowledge and agree that the wallet balances will remain in the wallet until they are off-loaded by the customer. In case customer requires automatic off-loading of the wallet balance to his account, the customer will need to setup standing instructions for the same.
Visa/Master Card Payment
38. The customer acknowledge and agree that the limit will be applied per card per day for all cards associated with the company's/EST's account.
39. The customer agrees and acknowledge that the maximum allowed daily top-up amount for prepaid cards is KD3000/- or less as outlined in this agreement and that such daily limit per prepaid card may not be exceeded.
SMS Notification Service
40. The customer acknowledges and agrees that his mobile number mentioned in the relevant request is correct and the Bank shall not bear any responsibility in the event the mobile number given by the customer is not correct or in that case where unauthorized person has viewed the content of the SMS messages the company/ the customer receives from the Bank on this mobile.
41. The customer comply to inform the Bank in the event he wishes to change the mobile number or the mobile service carrier / operator or to permanently cancel Corporate SMS Service and the customer shall hold the Bank harmless and irresponsible in case of hid failure to comply with the same.
42. The customer shall acknowledge and accept the e-messages as a formal means to notify us of the banking transactions processed on the company’s account or credit cards held with the Bank.
43. The customer shall acknowledge and agree that the banking transactions for which he receive SMS messages on his mobile are valid and entail consequential effects and that he may not contest the validity of these SMS or claim that the SMS messages have not been sent to the designated mobile number due to change or cancelation of the mobile number or that the mobile is out of service unless the customer/ the company has informed the Bank, in written, of the same at an earlier date.
44. Further, the customer acknowledge his agreement to conduct all transactions effected on his account(s) with the Bank via CBK Mobile whether for this service or any other services approved by the Bank and he agree to the resultant debit transactions and /or the transfers related to his accounts. he also acknowledge that his agreement to the above is made by himself through his personal mobile which is in his possession and that he is bound by such agreement & related consequences along with his full responsibility for having the above agreed on his own accord whether by using the ATM Card Pin number and / or Face ID or Touch ID or the digital passcode. This acknowledgement is submitted by the customer without any responsibility on part of the Bank for his usage of the mobile or for any damages that may arise therefrom.
Instant Beneficiary Activation
45. The user mentioned in the service designated form shall have the authority to activate all the beneficiaries added by any of the company’s users via Corporate Online Banking.
46. The Bank shall not be responsible for any beneficiary added and activated by this user via Corporate Online Banking nor shall the Bank be responsible for the transfer limits set for the beneficiary.
47. No authorized signatory will be added to the account as a beneficiary unless he has previously signed a one self-contracting acknowledgment. The Bank shall not be responsible for the addition of any beneficiary who is already the authorized signatory for the company / institution’s joint or personal account / accounts.
48. The customer acknowledges that he will be fully liable and legally responsible for the transactions processed under this service whether by the customer or his users.
49. The customer acknowledges the correctness & accuracy of all information and details as submitted whether by the customer or any of his users.
50. It is agreed that the customer shall have no rights and may not claim indemnity from the Bank for any damages or costs or expenses or fees related to this service at the present or in the future.
51. The Bank shall not be held responsible for the amounts which are withheld irrespective of the type of withholding.
52. The Bank may, at any time, suspend the service for any reason whatsoever whether such suspension was due to legal suspicion or other reasons. The Bank also has the right to withdraw or hold any amounts in the accounts of the customer. The customer irrevocably acknowledges and authorizes the Bank with regard to such actions.
53. The system will process and transfer the amount / amounts as previously authorized for the beneficiary under his request and based on the transfer limits – daily or monthly limits - per one transaction and without any responsibility on the part of the Bank. The transfer will not be processed unless the customer correctly enters the OTP that he will receive on his mobile number registered with the Bank.
Additional Terms & Conditions
54. The customer shall acknowledge that the Bank may terminate this agreement regardless of the period agreed on as per the agreement in the event of compulsory reasons which preclude the Bank from continuing to offer this new service to the Customer. In this case, the Bank must notify the Customer of its decision to cancel the agreement.
55. All correspondence or legal notices forwarded to the customer by the Bank on his address herein stated or to his last address advised to the Bank by a registered letter with acknowledgement of receipt are correct and producing all legal effects. Any change in the Customer's address shall only become effective from the date on which the Bank had received a written notification of such change.
56. This agreement is governed by and shall be construed in accordance with the provisions of laws applicable in the State of Kuwait. The Arabic version hereof shall be deemed legally binding in case of dispute. The Kuwaiti Courts shall have the sole jurisdiction in respect of any disputes arising under this agreement.
57. I acknowledge that I have reviewed the agreement concluded and I understanding its content and my consent of the term & conditions as contained in this agreement of which I was given a copy.
