CSOB Electronic banking services - business terms and
Contents
1. specifies otherwise The Client Account Holder can set a limit for a particular Client Authorized Person who has been authorized to handle funds deposited in his accounts via the ELB Services or for particular transactions in the account delivered to CSOB by the Client Authorized Person regardless of the limits specified by the Client Authorized Person Particular limits specified by the Client for an Authorized Person are stipulated in the Agreement Account Holder are stipulated in the Contract or in the Authorization to Dispose of Funds in Accounts Book Entry Securities in Asset Accounts Limits according to Paragraphs a 23 to 25 do not apply to a Collection order b 23 and 24 do not apply to a Transfer between accounts of the same Client Account Holder To use the Internet application of the CSOB InternetBanking 24 service the Client Authorized Person will contact the official SOB 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 Client Account Holder will make complaints about services products the fee charged etc directly to the respective service provider Th2. The Terms and Conditions for Accounts and Payments Legal regulations or in accordance with the terms and conditions for selected products of SOB and or its affiliates SOB will make transfers between accounts of a Client Account Holder only on the due date determined by the Client Authorized Person if the disposable funds in the account are sufficient If not sufficient 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 which are available at all CSOB branches and at the Internet address www csob cz Payment transactions of non documentary payments 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 accounts of the same Client Account Holder in foreign currencies whose counter value in CZK does not exceed the limit specified by CSOB will be executed via the ELB Services at the rate according to the CSOB exchange list valid when the Client Authorized Person gives the instruction CSOB shows the respective exchange list via the ELB Services The Client Authorized Person may be given an individual exchange rate for transfers between the accounts of the same Client Account Holder in foreign currency payment transactions of
3. 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 information c the options of setting safety limits to limit the amount of active transactions and transactions per service see Paragraphs 23 and 24 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 behavior on the Internet e g not opening documents of 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 Device or mobile devices i e immediately inform CSOB and ask for access to Electronic Banking services to be blocked in accordance with Paragraph 49 for a mobile device to ask the operator to block the SIM card g the safety principles for using Electronic Banking available at www csob cz The Client bears full responsibility for any damage incurred as a direct result of broken obligations referred to in the Article Rights Obligations and Responsibility of the Client Paragraphs 44 to 46 of these Terms and Conditions The Client Authorized Person must use the ELB Services only in accordance with th
4. Contract or Agreement if it can be separated from these Conditions Contract or Agreement 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 Client will make every effort to replace such a provision with a new one with contents and effects as close as possible to the invalid objectionable or unenforceable provision The Client if he is an entrepreneur and CSOB deviates from the respective provisions of Sections 1799 and 1800 of the Civil Code on adhesion type contracts The provisions of these Terms and Conditions Contract or Agreement cannot be invalid because of a discrepancy with these provisions in adhesion type contracts in particular the invalidity of a clauses referring to terms and conditions outside the text of the respective agreement or contract the importance of which the Client does not know and the Client s awareness of which is not proven b clauses that can only be read with particular difficulty or clauses that are incomprehensible to a person of average intelligence even if they are to detriment of the Client and the explanation of which to the Client was not sufficient c clauses that are particularly detrimental disadvantageous to the Client without good reason especially if the respective contract seriously and with no particular reason differs from the usual conditions negotiated in similar cases CSOB is entitled to propose
5. a by a transaction cancellation application delivered to the CSOB branch or b recalled or modified via the 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 which are available in 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 payment of invoices or when using services to a PaySec account PaySec account charging Merchant Account charging direct payment in favour of the Merchant s Account the Client Account Holder has not sufficient funds in his her account in the period between entering the request and the actual debiting of the account CSOB can charge the Client 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 about the services of mobile operators is available on the official Internet websites of individual companies The notification of the Client Account Holder about which standing orders and collection permits ordered via the ELB Services will be executed by CSOB on his death must be delivered to CSOB in writing via all CSOB branches The Client Authorized Person is entitled to use via the ELB Services products and services provided by SOB and or its affil
6. act independently The effects of actions taken by the parent parents before the date of the Client s legal age remain in effect with the exception of an authorization to dispose of the funds in the minor s account granted by the parent parents to the Client Authorized Person s An authorization granted by the parent parents to the Client Authorized Person Persons to dispose of funds in the minor s account expires on the day the Client reaches his legal age If the parents assets are declared bankrupt during insolvency proceedings CSOB is entitled to block the funds in the minor Client Account Holder s account and block all access to the minor Client Account Holder s account through ELB Services If the Client is represented by a court appointed guardian the guardian is entitled to dispose of funds in the account only in the interest of the Client in accordance with the relevant laws and court decisions and is responsible for the Client disposing of funds in the account only to the extent arising from the relevant laws and court decisions If he concludes an Agreement for the Client he will be responsible for protecting the personalized security features and safe use of the ELB Services The Client must ensure that the device used to service the account s and for electronic banking services the Device has a an updated operating system regular updates remove security week points discovered before using it b an updated Inter
7. an SMS key the authentication and authorization method will change from the SMS key to the Smart Key according to the setting the Client Authorized Person had for the SMS key if the Client Authorized Person logs into the CSOB InternetBanking 24 service with an Identification number and PIN when the Client Authorized Person activates the Smart Key the log in method will change to the Identification number PIN and Smart Key if the Client Authorized Person has not established an SMS key but uses a chip card for authentication and the electronic signature generated through the chip card to authorize Instructions and logs into the CSOB InternetBanking 23 service using a chip card and the PIN of the chip card when the Client Authorized Person activates the Smart Key the method of authorizing Instructions will change according to the settings of the Smart Key with a daily limit of CZK 1 500 000 and weekly limit of CZK 3 000 000 In other cases the Smart Key can only be activated at a CSOB branch If the Client Authorized Person 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 Client Authorized Person to the addresses stated in the Agreement which may be unilaterally changed by the Client Authorized Person via selected ELB Services Rights Obligations and Responsibilities of CSO
8. authentication method through the concerned ELB service or in writing no later than 2 months before the change comes into effect During authentication the Client Authorized Person will have several attempts depending on the selected service The Client s Authorized Person s access to the ELB Services will be blocked a SOB Linka 24 Client 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 Client s Authorized Person 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 The chip card will be blocked after a third unsuccessful PIN entry to the chip card other ELB services can still be used including
9. changes in the Terms and Conditions Price List CSOB will let the Client know about the suggested changes in the Terms and Conditions Price List at the operational premises of SOB branches and at the Internet address www csob cz no later than 2 months before the date when the changes should come into effect CSOB also informs the Client simultaneously through a notice on account statements If the Client does not refuse the suggested changes it will be considered that he has accepted them If the Client refuses the suggested changes before the date when they should come into effect he will be entitled to terminate the Agreement or Contract affected by these changes with immediate effect Because of the nature of these Terms and Conditions it is reasonable to expect that they will be subsequently amended According to Paragraph 118 CSOB is 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 the Bank and its affiliates Any changes according to the previous sentence are considered reasonable These Terms and Conditions will become effective on July 1 2015 and the CSOB Electronic Banking Services Business Terms and Conditions of April 1 2015 and the CSOB Linka 24 Terms and Conditions of April 1 2003 cease to be effect
10. non documentary payments 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 page 7 of 9 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 90 setting 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 the respective transfer between accounts in a foreign currency payment transactions of a non documentary payment denominated in a foreign currency and is applicable after the explicit approval of the Client Authorized Person 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 applying the respective exchange rate until the standard exchange list is issued which is valid for the working hours of the subsequent working day Account Statements and Complaints 91 92 93 94 95 96 97 98 99 100 101 102 The Client Account Holder will be informed of payment transactions and instructions carried out on bo
11. 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 correctness of particular instructions delivered to CSOB via a Client Representative of the CSOB Linka 24 service is confirmed by the Client Authorized Person by his approval at the end of a telephone call The Client s Authorized Person s approval is considered an unambiguous and unquestionable acknowledgment of the correctness of the data sent by the Client Authorized Person To successfully place an instruction delivered to SOB via the Client Representative the Client Authorized Person must wait for the Client Representative to confirm verify the instruction If the Client does not do so the instruction will not be executed The Client is not entitled to recall A transfer between accounts of the same Client Account Holder Any payment transaction on the due date page 5 of 9 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 57 58 59 60 61 62 A payment transaction with a future due date delivered via the ELB Services can be cancelled either
12. using the ELB Services and the CSOB Info 24 service are given in the Price List which is available at all CSOB branches and the Internet address www csob cz CSOB will not be liable for the non execution of a payment transaction or the impossibility of using or the malfunction of ELB Services for direct or indirect reasons beyond the control of CSOB or its partners because of vis major 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 Client due to the impossibility of using ELB services according to the preceding sentence In the case of a breach of a contractual obligation CSOB is responsible only to the Client and not to the person whose interest the obligations should benefit The Client has no legal entitlement to conclude an Agreement or Contract CSOB informs clients about actual electronic systems attacks and their affects on safety and security at https bezpecnost csob cz if this information is available CSOB is entitled to immediately block ELB services if malicious software on the Client s Device is detected or if Client s behaviour is in breach with the Contract and or the Agreement and or these Terms and Conditions Security 77 78 79 80 82 83 Information about a The loss theft o
13. B 63 64 65 66 67 68 CSOB is entitled to have an officially verified signature on all written legal acts of the Client which he does not sign before a CSOB employee If when concluding the Contract both parents represent a minor Client jointly the Contract can only be changed or terminated by both parents together If when concluding the Contract only one parent represents the minor Client the Contract can only be changed or terminated by the parent who signed the Contract A contract with a minor Client can only be concluded with one parent because of the nature and possibilities of ELB Services CSOB will give the selected means of communication with the ELB Services i e chip card or chip card reader and other appropriate personalised security elements only to the Client Authorized Person These means of ELB services and personalized security communication must not be given to another person except the Client Authorized Person not even through a power of attorney CSOB will provide clients with the necessary information so that they can report the loss theft or unauthorized use of a means of payment means of communication to the ELB Services and personalised security elements CSOB will provide the client at his request with a document showing for a period of 18 months from the announcement that he has made an announcement in accordance with Paragraph 49 b of the Terms and Conditions CSOB can when updating the appropriate
14. CSOB ELECTRONIC BANKING SERVICES P BUSINESS TERMS AND CONDITIONS SOB 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 SOB issues the SOB Electronic Banking Services Business Terms and Conditions hereinafter the 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 CSOB and Clients when providing CSOB Electronic Banking Services hereinafter ELB Services will be governed by the law of the Czech Republic hereinafter the CR mutual communication will be in Czech unless agreed otherwise The Client Account Holder Authorized Person must acquaint himself with these Terms and Conditions in detail and adhere to them Definitions and Terms 3 10 11 For these Terms and Conditions the ELB Services will be a CSOB Linka 24 b SOB InternetBanking 24 consisting of the Internet application and SOB SmartBanking application The ELB Services enable Clients to communicate with CSOB continuously i e 7 days a week 24 hours a day and have access to selected products and services of CSOB and it
15. ablished 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 Convenient Data Box under these Terms and Conditions is a data box defined by the law accessible within the CSOB InternetBanking 24 service environment or its Internet application Biometric signature is a person s own signature on an electronic tablet or signpad It captures the dynamics of the signature and its characteristics transferred into it by the signatory When CSOB allows it the Client Authorized Person negotiating with CSOB in person can confirm by his biometric signature the validity of his written acts made by electronic means To use his biometric signature the Client Authorized Person must provide CSOB 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 17 18 19 20 21 22 The ELB Services will be provided on the basis of the written Contract and Agreement concluded between SOB and the Client Account Holder Authorized Person The ELB Services will only be provided if the Client Account Holder maintains an account When SOB allows it the Client Authorized Person can sign contractual or other documentation electronically using the biometric signature on an electronic
16. all communication between CSOB and the Client about the Agreement Contract is done according to the following rules Communication between CSOB and Clients must be in Czech as follows unless agreed otherwise a in person when a Client comes to a SOB branch b by phone c in writing d electronically or e through the Client Centre Documents delivered by a postal service provider will be sent by SOB to a private individuals A to the correspondence address agreed in the Agreement and or another document the address of a CSOB branch or PO BOX cannot be used to the permanent address if no Agreement has been concluded with the Client SOB is always entitled to send documents to the permanent address if it considers it necessary because of the circumstances if the Client also provides SOB with his residential address the latter will be entitled to send documents also to the residential address b private individuals entrepreneurs and legal entities to the address of the registered office specified in the Contract SOB sends correspondence on terminating a contractual relationship or a breach of the contractual obligations for a minor Client unless legal capacity is achieved or a Client with limited legal capacity to his legal representative or guardian to his permanent address page 8 of 9 eskoslovensk obchodn banka a s Radlick 333 150 150 57 Praha 5 Business Identification No I O 00001350 Registered i
17. cease to exist and the contractual relationship under the Contract or Agreement will cease to exist when the termination notice is delivered to CSOB If CSOB terminates the Contract or Agreement the notice period will be two months 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 76 will not be affected If the obligation ceases to exist and the contractual relationship from the last account agreement through which the Client Account Holder receives ELB services is terminated and the Client Account Holder does not have another account at CSOB for which ELB Services are provided then on the day when the obligation ceases to exist and the contractual relationship according to the account agreement is terminated the obligation terminates and the contractual relationship under the Contract terminates as well The Client is not entitled without CSOB s prior written consent to assign transfer change pledge or otherwise encumber or otherwise dispose of the Contract or Agreement their parts or individual rights arising from them or negotiate with a third party to assume a debt resulting from the Contract or Agreement If any provision of these Terms and Conditions Contract or Agreement is objectionable or unenforceable or becomes so it will not affect the validity and enforceability of the other provisions of these Terms and Conditions
18. e Contract and or Agreement 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 becoming acquainted with the personalised security elements used must not disclose these personalised security elements to any other person and not to keep them in an easily readable form or have them or keep them together with the means of communication with the ELB Services for example the PIN on the chip card 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 substantial breach of the Contract and or Agreement pursuant to the provisions of Section 1977 of the Civil Code If the Client Authorized Person a Forgets his personalised security elements he must set new personalised security elements if possible or come to the CSOB branch to set new personalised security elements b Discovers a loss theft or misuse of personalised security elements or means of communication with the ELB Services for example the loss theft of the SIM card or mobile phone chip card 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 th
19. e 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 fully provided in Czech The Client can choose English for the CSOB InternetBanking service The Client the Authorized Person who has established a Data Box and has received access data to the Data Box is able to use Convenient Data Box within the Internet application of the CSOB InternetBanking 24 service after the Convenient Data Box is activated The Convenient Data Box will be activated by the Client Authorized Person so that he connects the Convenient Data Box and the Data Box in the Internet application of the CSOB InternetBanking 24 service by entering his access data to a Data Box After connecting the Convenient Data Box with the Data Box the Client Authorized Person will have access to data messages in his Convenient Data Box directly from the Internet application of the CSOB InternetBanking 24 service After activation the Convenient Data Box can be shared by several authorized persons Data messages that the Client Authorized Person transfers from the connected Data Box are stored in the Convenient Data Box and the Client Authorized Person 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 Client Authorized Person can disconnect the C
20. e the Client with the following page 6 of 9 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 69 70 Ti 72 73 74 75 76 a The amount of the non executed or incorrectly executed payment transaction including any interest on it b The remaining amount needed for the original condition to be re established Remedial measures are specified in the Terms and Conditions for Accounts and Payments The provisions of Paragraph 68 Letters a and b will not apply if SOB proves that the Client has broken his obligations stipulated in the Contract and or Agreement and or the Terms and Conditions SOB will be entitled to charge the Client s Account Holder s account with fees in accordance with the SOB Price List hereinafter the Price List for ELB Services i e debit the account to be charged with fees as stipulated in the Contract or Authorization to Dispose of Funds in Accounts except fees for delivering Supplementary Information provided through the CSOB Info 24 service and those for renewing certificates for the electronic signature for the CSOB InternetBanking 24 service which will be debited from the account determined by the Client Authorized Person All types of fees which the Client Account Holder will have to pay for
21. ed in the Services ELB Manuals If the Account Holder is a legal entity SOB will make account statements available to the Client Account Holder through the Clients Authorized Persons authorized by the Client Account Holder Electronic account statements are available in the Internet application of the CSOB 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 Client can identify the payment transaction instruction or 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 Client 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 Client finds discrepancies in settling or not settling feasible payment orders or instructions he must notify CSOB of the defects and ask to have them removed without undue delay after discovering the fault but no later than by the deadline according to the relevant legal regulations The Client is entitled to ask for difficulties arising in connection with the ELB Services to be resolved at the CSOB branch in
22. eft 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 Banking Helpdesk CR Failing to fulfil these obligations will be considered a serious breach of the Contract Agreement The client representative after an agreement with the client will immediately block his access to the ELB Services and agree with him on further procedures The Client Authorized Person can invalidate the certificate via the Internet pages www ica cz or after entering the number of the certificate and the invalidation password specified in the certificate application SOB will take all the appropriate measures to stop the further use of ELB Services even when the Client Authorized Person is negligent or carries out a fraudulent transaction The Client Authorized Person must provide SOB with the maximum co operation in remedial measures If the Client Authorized Person does not accept the proposed measures CSOB will not be liable for any potential damage the Client 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 in
23. form 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 Client Authorized Person is not obliged to confirm SOB of the announcement in writing The Client 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 loss theft of the SIM card or mobile phone chip card mobile facility with activated SOB SmartBanking application Smart Key application etc until SOB is informed Once the Client Authorized Person or a person authorized by him informs SOB in accordance with Paragraph 49b he will not be responsible for any financial loss 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 Client Authorized Person The Client Authorized Person will not be responsible for any damage in accordance with Paragraphs 51 and 52 if the means of communication with the ELB Services are used without using the authentication or identification personalised security elements In this case the use of the means of communication is not sufficient to establish the Client s Authorized Person s responsibility The Client Authorized Person must use the ELB Services
24. horized Person can ask for a daily weekly limit to be set up which is the total of all transactions delivered to SOB 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 3 000 000 for a weekly limit For security reasons SOB automatically sets up an initial daily limit of CZK 50 000 CZK 80 000 as the weekly limit unless the Client Authorized Person 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 service with authorization by an SMS key Smart Key and the CSOB SmartBanking application Transactions delivered to CSOB via CSOB InternetBanking 24 service with authorization by an electronic signature are not included in the daily weekly limit The Client Authorized Person can ask for a limit for particular transactions delivered to SOB via the service to be set up as follows CSOB InternetBanking 24 with authorization by an electronic signature which enables the Client to set up an unlimited limit per transaction For security reasons CSOB automatically sets this limit to CZK 1 000 000 unless the Client Authorized Person
25. iable for any damage incurred as a result of incorrect or duplicate instructions given to CSOB through the ELB Services Final Provisions 111 112 113 114 115 116 117 118 119 120 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 Client 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 Client The Client 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 Client only communicates After establishing a contractual relationship with the Client CSOB processes his personal data pursuant to Law No 101 2000 Coll on Personal Data Protection For more information on processing personal data see document Information on Personal Data Processing available at www csob cz and CSOB branch operational premises Both CSOB and the Client are entitled to terminate the Contract and Agreement without giving any reason If the Client terminates the Contract or the Agreement the obligation will
26. iates as 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 SOB SmartBanking application can be deactivated at the Client s Authorized Person s request sent to CSOB via the Electronic Banking Helpdesk CR In this case the application will be deactivated on all mobile facilities PC on which the Client Authorized Person 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 agreement replacing the existing Agreement including Smart Key activation If the Client Authorized Person has several identification numbers the Smart Key can only be activated at a SOB branch If the Client Authorized Person is interested the Smart Key can also be activated under the following conditions by the CSOB InternetBanking 24 service or CSOB ERA ATM and CSOB and the Client Authorized Person agree that the Agreement will be changed accordingly By activating the Smart Key the Client Authorized Person agrees that the version of the Agreement concluded before activating the Smart Key will apply with the following changes if the Client Authorized Person has established
27. ice CSOB must identify the Client or a person representing the Client for a Client legal entity identify the controlling person and the true owner of this legal entity or legal entity if he is a member of the Client s statutory body 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 Client or a person representing the Client 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 terrorism CSOB is entitled to ask the Client to provide additional data on the Client those representing the Client and for legal entities additional data on the controlling person and the true owner of this legal entity at any time during the contractual relationship with the Client to ask the Client to submit the required documents or information including proof of the origin of funds remitted to a Client s Account documents proving the Client s solvency and his liabilities or his credibility and the Client is obliged to provide this CSOB is entitled to make photocopies of all documents submitted by the Client for its own use CSOB is entitled not to execute a Client s transaction if it is associated with the risk of money laundering
28. ive Ceskoslovenska obchodni banka a s page 9 of 9 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
29. m its contents that it should last only for life of the Client the Account Holder CSOB establishes ELB Services for the Client Authorized Person on the basis of the Agreement CSOB automatically makes accounts or selected CSOB s and its affiliates products and services to which CSOB will provide access available to the Client Account Holder fully legally competent person through ELB services after the Contract and Agreement is concluded For contracts concluded before April 30 2012 CSOB will make a CSOB Client the Account Holder s accounts available according the preceding sentence with the next update of the Agreement unless the parties agree otherwise No limit per transaction can be determined in this case This provision does not apply to Clients Account Holders private individuals entrepreneurs The following services are to 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 Client Authorized Person may choose SOB InternetBanking 24 with an electronic signature with an SMS key Smart Key passive secured communication with CSOB via the Internet The Internet application can be used with CSOB InternetBanking 24 passive service or electronic signature With CSOB InternetBanking 24 with an SMS key service in addition to the Internet application the CSOB S
30. martbanking application can also be used If the Client Authorized Person used to use an SMS key and has activated the Smart Key he can also continue using the CSOB Smartbanking application The Client Authorized Person 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 Client Authorized Person to have the following HW and SW equipment for a particular service a SOB Linka 24 phone with pulse tone option or mobile phone for sending accepting SMS messages b SOB InternetBanking 24 the HW and SW is specified in the user manual for the SOB InternetBanking 24 service and in the manual for the CSOB SmartBanking service page 2 of 9 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 23 24 25 26 27 28 29 30 31 32 33 34 35 A detailed description of the use of the ELB Services is subject to the manuals and instructions for the ELB Services The valid manuals and instructions are available at www csob cz and on request at all SOB branches The manual and instructions for the Internet application of the SOB InternetBanking 24 service are part of the application The Client Aut
31. ms and Conditions The contract will be a contract concluded between CSOB and the Client the Account Holder stipulating the provision of CSOB Electronic Banking services which is 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 will be integral parts The CSOB Smart Key application hereinafter the Smart Key Application is a security application that the Client Authorized Person 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 Internet application of the CSOB InternetBanking 24 service will be generated on the mobile device of the Client Authorized Person The Smart Key Application can be used online via the Client s Authorized Person s data connection or offline The ELB Services will contain the following security elements a Password six to ten digit alpbnhanumerical data by which the Client Authorized Person will be authenticated The Client Authorized Person can change the Password at any time b PIN a five digit number that is generated automatically by the system by which the Client Authorized Person will be authenticated or will authenticate instruction
32. n the Commercial Registry kept by the Municipal Court in Prague Section B XXXVI Insert 46 107 108 109 110 The document will be considered delivered on the third working day after it is sent within the Czech Republic 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 Bank The effects of delivering it occur even if the Client refuses to accept it CSOB will accept by electronic communication through the ELB Services only a Client s Authorized Person s instructions that contain the complete data corresponding to prescribed formats and authorized according to the selected electronic service CSOB is not liable for damage caused by the non execution of incomplete or unauthorized instructions CSOB is entitled to refuse to execute or not to execute instructions in other cases preventing the instruction being executed according to the Accounts and Payments Terms and Conditions 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 a Client s Account Holder s accounts to be debited if the accounts are blocked etc CSOB notifies the Client of not executing a payment order in accordance with the Accounts and Payments Terms and Conditions CSOB is not l
33. net browser from a recommended SW shown at www csob cz c functional constantly on and updated antivirus program set to regularly monitor virus on the Device The Client 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 access of the application to SMS messages etc page 4 of 9 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 46 47 48 49 50 51 52 53 54 55 56 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 Client must know about the security of Electronic Banking services in particular a the methods of logging in and authorizing operations
34. ng 24 service An Authorization Code is generated separately for each Instruction login and is displayed in the Client s Authorized Person s Smart Key Application The means of communication with the ELB Services will be in accordance with these Terms and Conditions as follows a a chip card plastic card with an electronic chip for safekeeping and generating a private key and certificate for the electronic signature The chip card includes an envelope for delivering the PIN for the chip card and information on how to use the chip card page 1 of 9 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 12 13 14 15 16 b a chip card reader facility for communicating between the PC with the chip card Detailed information about using the chip card reader is available in the User Manual for the CSOB InternetBanking 24 Service at the Internet address www csob cz a telephone with pulse tone option d mobile portable facility mobile phone and or other mobile facilities with Internet access e g smartphone tablet laptop the recommended configuration of which is listed in the user manual for the respective service e a PC personal computer with the recommended configuration as specified in the User Manual for the CSOB InternetBanki
35. ng 24 service or ELB Services information material An instruction will be an instruction of the Client Authorized Person delivered to SOB via the ELB Services for a payment transaction payment order or the use of 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 Client and CSOB and or its affiliates unless these Terms and Conditions stipulate otherwise Payment transaction will be a money transfer within a Domestic payments from an account denominated in CZK and in CZK in the Czech Republic i e a payment order priority payment standing payment order collection permit collection order transfer in CZK or a foreign currency between accounts of the same Client 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 and in a foreign currency in the Czech Republic 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 est
36. nsmitted via the Internet can be documented Sound recordings SMS messages as well as records of requirements transmitted via the Internet will be safely electronically archived at SOB 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 SOB will be responsible for safe archiving SOB is entitled to adjust the settings in the Contract Agreement and the Terms and Conditions in order to provide the highest level of ELB Services if there are reasons beyond the control of SOB that threaten to reduce the level of security protection after notifying the Client via these ELB services or in writing no later than two months before the date of the change modification of the ELB services settings is made Time Limits 84 85 86 87 88 89 Clients Authorized Persons instructions will be accepted via the ELB Services 24 hours per day 7 days per week Clients instructions will be executed in accordance with the Terms and Conditions for Accounts and Payments or the respective contractual provisions between the Client and CSOB and or CSOB affiliates as the case may be Payment transactions in accounts via the ELB Services will be made by CSOB in accordance with the Client s Authorized Person s instructions Payment transactions to be made must comply with the following The Terms and Conditions
37. ok entry securities account by a printed account statement or electronically Only the Client Account Holder can ask for access to electronic account statements 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 Client Account Holder with account statements electronically through the Internet application of the CSOB InternetBanking 24 service CSOB makes account statements available monthly as standard in the PDF format in Czech unless agreed otherwise Only the Client Account Holder can ask to change the account statement frequency or to change from electronic to paper form or vice versa If the Client Account Holder and SOB agree to access to account statements electronically the electronic account statement is automatically available to all the Clients Authorized Persons authorized by the Client Account Holder to dispose of funds on the Client s Account Holder s account Making the electronic account statement available to the Client Account Holder and or Authorized Person authorized by the Client Account Holder is considered as fulfilling the obligations of CSOB pursuant to Law No 284 2009 Coll to provide clients account statements in the agreed manner The Client Authorized Person will be informed also via the account history for the period specifi
38. ons are authorized by an SMS key or the PIN and SMS key Smart Key and or the certificate issued by I CA which is on the chip card The certificate which is automatically generated will be available when the PIN for the chip card is entered and the Client Authorized Person will receive it along with the chip card The Client Authorized Person can change the PIN for the chip card at any time For the SOB SmartBanking application the Client Authorized Person is identified by the identification number and authenticated by the PIN and SMS key if this application is activated For further logins he is identified by the identification number and authenticated via the PIN Transactions delivered to CSOB via the Internet application are authorized by the Client Authorized Person using a single use Authorization Code the SMS key that is generated by the system at the Client s Authorized Person s request the message with the Authorization Code will be delivered to the phone number specified by the Client Authorized Person when signing the Agreement or by the Smart Key generated in the activated Smart Key application or by an electronic signature generated on the chip card For the CSOB SmartBanking application transactions are authorized by the PIN CSOB is entitled to change the way of authenticating a Client Authorized Person for particular ELB Services CSOB will inform the Client Authorized Person about the new
39. onvenient Data Box from the Data Box through the Internet application of the CSOB InternetBanking 24 service CSOB is entitled to disconnect the Client s Authorized Person s Convenient Data Box from his Data Box if the Client Authorized Person does not use the Convenient Data Box for more than one year In this case the Client Authorized Person can access all data messages transferred to this box However the Client Authorized Person cannot transfer new data messages to the Convenient Data Box from the Data Box The Client Authorized Person can reactivate the Convenient Data Box If the Internet application 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 CSOB InternetBanking 24 service is terminated the Client Authorized Person 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 Client Identification 36 When providing any banking serv
40. or financing terrorism or if a Client s transaction is suspected of being subject to international sanctions pursuant to the page 3 of 9 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 legislation on international sanctions or if CSOB reasonably believes a Client s transaction does not comply with the legal regulations Client Identification and Authentication Authorized Persons 37 38 39 40 44 The Client Authorized Person will use the ELB Services stipulated in the Agreement The Client Authorized Person will be identified for particular service as follows a CSOB Linka 24 Client Representative services by the identification number and authenticated via selected signs from the PIN which the Client Authorized Person will receive when signing the Agreement in an envelope and selected signs from the password which the Client Authorized Person will specify when signing the Agreement If the Client Authorized Person cannot specify the password he has chosen for communication with the Client Representative CSOB can allow the Client Authorized Person to use an alternative authentication method b SOB InternetBanking 24 Internet applications by the identification number or authenticated by the PIN if the Instructi
41. r suspicion of misuse of security elements and or means of communication b Finding an unauthorized 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 SOB through all its branches or by phone via the Client Representative at the telephone number of the SOB Linka 24 which is available in the ELB Services information material or at the telephone number or e mail address of the Electronic Banking Helpdesk CR SOB will take all appropriate measures to stop any further use of the ELB Services after receiving information in accordance with Paragraph 49 Letter b and 77 Letter a even if the Client Authorized Person is negligent or commits a fraud The ELB Services will be provided via public communication and data lines SOB will not be responsible for their security and therefore cannot influence the fact that the Client may incur damage due to 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 SOB Linka 24 service is subject to sound recording Because of the specific nature of ELB Services particular requirements and individual payment transactions on accounts via the Client Representative or via instructions delivered by the Internet through a sound recording copies of sent SMS messages or copies of requirements tra
42. s The Client Authorized Person 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 Client Authorized Person to use the Smart Key Application The Client Authorized Person can choose change the PIN for the Smart Key Application directly in this Application d The PIN for the chip card a four to eight digit number enabling the Client Authorized Person to use the chip card The PIN for the chip card is generated separately for each chip card and the Client Authorized Person can modify it e The PUK for the chip card a numerical combination given to the Client Authorized Person for de blocking the PIN for the chip card f SMS key Authorization code a nine digit alphanumeric data through which the Client Authorized Person will authenticate instructions or through which he logs in to the Internet application of the CSOB InternetBanking 24 service The SMS key is also used to activate the CSOB SmartBanking application and activate the Smart Key The authorization code will be generated separately for each instruction log in and sent to the Client Authorized Person in a selected manner to a pre defined mobile phone number g The Smart Key Authorization Code is a six digit numeric data by which the Client Authorized Person authorizes Instructions or logs in to the Internet application of the CSOB InternetBanki
43. s affiliates Using the ELB Services will be identical to standard communications in writing CSOB affiliates will be as set out below persons controlled by SOB persons controlling CSOB and person controlled by any person who controls CSOB and the terms to control controlling and controlled persons will have the meaning as stipulated in Section 74 and subsequent Law No 90 2012 Coll on Business Corporations For these Terms and Conditions the Client will be a The Account Holder private individual or legal entity with an account at CSOB b An Authorized Person private individual the Account Holder or private individual authorized by the Account Holder to dispose of funds or book entry securities deposited in his accounts via the ELB Services the authorized person will concurrently have access to all information about the account s subject to the respective ELB Services The identification number is an eight digit number unambiguously identifying the Client Authorized Person The Agreement will be an Agreement on Activation of CSOB Electronic Banking Services which CSOB will conclude with the Client Authorized Person which is governed by the valid laws of the CR and which these Terms and Conditions the Business Terms and Conditions for Accounts and Payments hereinafter the Accounts and Payments Terms and Conditions will be integral parts Click on www csob cz for the Accounts and Payments Ter
44. 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 Client Authorized Person to the CSOB InternetBanking 24 service Documents folder If the obligation and the contractual relationship under the Contract Agreement is terminated the contractual or other documentation will be removed from the Documents folder The day before the contractual relationship is terminated the Client Authorized Person must deposit the documentation in another storage site The following Czech citizens or foreigners can ask for the ELB Services A private individual A private individual entrepreneur A legal entity After concluding the Contract the Client Account Holder or Authorized Persons specified by him will be allowed to use the ELB Services to communicate with CSOB and access selected products and services provided by CSOB and its affiliates The authorization granted to the Client the Account Holder to use the funds in the account does not cease to exist when he dies unless it is clear fro
45. the CSOB InternetBanking 24 passive also the CSOB SmartBanking application can be used with an SMS key To remove the chip card access block the Client Authorized Person will use the chip card PUK After successfully entering the PUK the Client Authorized Person will be asked to enter a new chip card PIN After entering the chip card PIN incorrectly five times the card will be blocked and cannot be unblocked any more Rights Obligations and Responsibilities of the Client 42 43 44 45 If the Client is a minor the parent who has concluded the Agreement for the minor is responsible for the protection of personalized security features setting and changes in and the safe use of the ELB Services The parent parents who has have concluded the Contract for a minor Client Account Holder and who has concluded an Agreement for the minor Client or who is an Authorized Person is are responsible for disposing of the funds in a minor s account Parents are entitled to dispose of funds in the account of a minor Client Account Holder only in his favour and only for current affairs The parent parents need court approval to dispose of funds in other than routine matters The parent is fully responsible for the compliance of the rights and duties when looking after a minor s fortune with the laws and court decisions From the date of legal age or date of full legal capacity if earlier the Client is entitled to make any legal
46. version and upgrading particular ELB services discontinue providing and supporting services applications methods and replace this service application method with a newer version after notifying the Client via the affected ELB Service or in writing no later than 2 months before the date on which the service support will be terminated SOB is entitled in the context of innovation and upgrading particular ELB services to discontinue providing and supporting services applications methods in the appropriate version and replace this service application method with a newer version after prior notification to the Client via the affected ELB Service or in writing no later than 2 months prior to the date on which the service support is to be terminated CSOB will be responsible for a The non execution of a payment transaction or the incorrect execution of a payment transaction for which the Client is entitled b Unauthenticated payment transactions i e payment transactions for which the Client Authorized Person has given no instruction However CSOB s responsibility will not apply if the Client s action is contrary to the Contract and or Agreement and or the provisions of the Terms and Conditions especially Paragraphs 48 to 62 c Errors or other discrepancies in the account maintenance for which the ELB Services have been established caused by CSOB In the cases stipulated in Paragraph 67 Letters a to c CSOB will provid
47. writing by phone or at the e mail address of Electronic Banking Helpdesk CR both the telephone number and e mail address are available at the Internet address www csob cz The Client is entitled to claim resolution arisen from payments via the ELB Services which may be made at the CSOB branch or by phone at the Client Representative at the telephone line of the CSOB Linka 24 given in informational material within a period specified in the Information material as stipulated in the CSOB Claims Code Complaints by phone 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 which is available at SOB branches and www csob If the Client complains about a disputable payment transaction or seeks another remedy at CSOB 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 Client CSOB will give evidence about the procedure which enables it to verify that the payment order payment transaction a has been placed b has been correctly recorded and disclosed c has not been influenced by any technical breach or another defect Communication 103 104 105 106 Unless otherwise specified in these Terms and Conditions
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