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KBC Touch Regulations

1. iii divulge the PIN for their elD to anyone or write it down in a recognisable form on the elD itself or on any other document iv leave their device means of access or signature tools or elD unattended for instance at their place of work in a hotel or vehicle even if it is locked or in any place de facto open to the public v hand over their means of access and signature tools to third parties including but not limited to their spouse partner a family member or friend or allow them to be used by said third parties vi disclose their means of access and signature tools by telephone or e mail vii Choose a PIN containing obvious combinations The contracting party must i notify KBC forthwith of the loss theft counterfeiting or any other misuse of KBC Touch their PIN their card their elD and or the relevant PIN Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 3 10 KBC ii when using a PIN always enter it discreetly and im mediately change it if they know or suspect that its secrecy is no longer guaranteed iii strictly comply with the obligations of the card holder as described in the KBC Bank Card Regulations iv as regards banking transactions notify KBC forthwith of any entries of unauthorised transactions on his her account as well as any errors o
2. account numbers to see which ones the Recipient has already carried out transactions with iii Passing on the personal data of the Recipient and the User s to Isabel NV so that it can be used for the Matching Test iv Informing the User s about the availability of Docu ments from a Sender in Zoomit for instance by means of an icon in the Account information facili ty regardless of whether the Recipient and his User s have actually used Zoomit or whether he has already added a specific Sender where neces sary to his list of Senders If the Recipient unsubscribes for a specific Sender or from Zoomit in its entirety the Bank will not inform its User s any longer about the availability of Documents v Notifying potential and or existing Senders that a certain account number is being used for online banking but only if the Sender has received permis sion from the Recipient to do so If the User wishes the Sender not to be notified any longer that he uses online banking facilities he can simp ly unsubscribe In that case the Recipient and User s may not use Zoomit for any Recipient whatsoever If the Recipient no longer wishes to use Zoomit he can simply unsubscribe KBC Online Regulations The Recipient and the User can inter alia unsubscribe i in their bank branch ii or by means of a KBC Online message to their branch If the User acts on behalf of the Recipient the User expressly de
3. information and advertising material in electronic form They can indi cate this preference in their client details 5 1 3 Contracting parties undertake to read their account infor mation at least every 30 days Contracting parties whose account information annexes and other information are provided via KBC Touch also un dertake to read their non commercial messages at least every 14 days Non commercial messages are all personal notifications and information sent to clients except for their account information which may or may not be accompa nied by annexes and pure advertising material As regards dispute possibilities and the time of irrevocable ac ceptance please see Article 5 1 4 5 1 4 Any dispute concerning unauthorised or improperly executed orders including payment transactions or con cerning account information annexes or non commercial messages must be notified in writing to the bank in the manner and within the period stipulated in Article 1 25 1 of the General Banking Terms and Conditions After the periods referred to have elapsed the account in formation and the balance printed thereon as well as the content of the non commercial messages will be irrevoca bly considered to have been accepted in full 5 1 5 Contracting parties undertake not to unlawfully manipulate or falsify any statements of account retrieved via KBC Touch If there are any differences between the state ments of account printe
4. the insurance policies concerned their special and general conditions as advised to and expressly accepted by the Contracting Party when he took out the relevant insurance and ii KBC Insurance NV s general privacy statement The documents referred to above may be obtained from any bank branch or insurance agency respectively and can be downloaded from the KBC website at www kbc be documentation and www kbc be privacy Certain KBC Online services use cookies to provide the Contracting Party with a better service The Contracting Party expressly agrees to their use 5 CHARGES Notwithstanding the charges for using the underlying services and transaction charges the Contracting Party has to pay an annual fee for the use of KBC Online as set out in the rates and charges notified in accordance with Article 1 32 of the General Banking Terms and Condi tions CW3440 06 2014 P 7 14 6 AMENDMENT OF THE PRESENT REGULATIONS AND ADDITION OF NEW SERVICES 6 1 AMENDMENT OF THE PRESENT REGULATIONS AND THEIR ANNEXES The Bank and the Insurer reserve the right to amend the provisions of these regulations and their annexes To the extent that this is required by law any amendment will be communicated to the Contracting Party at least two months before its planned entry into effect either on paper or via a permanent carrier made available to him The Contracting Party may avail himself of the opportunity within this two month peri
5. 3 13 EXERCISING THE RIGHT TO CANCEL FINANCIAL SERVICES SOLD REMOTELY Any Contracting Party concluding an agreement via KBC Online for a financial service has 14 calendar days to cancel this service without having to pay a penalty or provide a reason for doing so This period of 14 calendar days starts on the day after the agreement has been concluded more particularly when the electronic applica tion form has been signed using the electronic signature or on the day on which the Contracting Party receives the terms and conditions governing the agreement if this is at a later date This right to cancel can be exercised by letter addressed to the KBC Bank branch handling the account If the Con tracting Party has already paid for this service then the charges in question will be repaid by crediting his account within 30 calendar days If the Contracting Party fails to exercise the right to can cel he will be bound for the duration set out in the relevant terms and conditions of the financial service agreement concluded The Contracting Party can find more information on the duration and cancellation terms in the special terms or regulations governing the relevant financial service The right to cancel does not apply to financial services whose price depends on fluctuations on a financial market which the Bank has no control of such as stock exchange orders KBC Online Regulations 4 ACCOUNT INFORMATION AND DATA PROCESSING 4 1
6. KBC Online ii use the administrative module in Zoomit to cancel his contract with one or more Senders for the receipt of Documents These particular forms of cancella tion take effect on the next working day unless another period of notice is stipulated in the terms and conditions of the Sender The Bank is entitled to terminate the Zoomit application subject to two 2 months notice or without any notice in the cases set out in Article 3 12 iii of the Regulations governing KBC Online If the Contracting Party or the Bank terminates the KBC Online contract the stipulations set out in Article 3 12 of the Regulations governing KBC Online will apply Termination of the KBC Online contract results in termina tion of the Zoomit application If the KBC Online contract or Zoomit application is termi nated for whatever reason the User must advise the Sender s of this as quickly as possible KBC Online Regulations ANNEX 3 SPECIAL TERMS APPLYING TO THE KBC PAYMENT BUTTON 1 DEFINITIONS In these special terms the following definitions are used to supplement the definitions set down in Article 1 of the Regulations The definitions may be used without distinc tion in the singular or plural form Merchant the natural or legal person that incorporates the KBC Payment Button into their website referred to as an e shop KBC Payment Button the payment acceptance logo displayed on the merchant s website and the underl
7. KBC Payment Button the payment acceptance logo dis played on a merchants website and the underlying software that is integrated into it which clients can combine with their KBC electronic or mobile banking application to 1 effect payments at the merchant s e shop e com merce or 2 pay invoices from issuers on an invoice management platform e invoicing Invoice management platform a web platform on which businesses issuers of invoices can present documents Contracting parties are able to manage these documents 2 How the KBC Payment Button works 2 1 A payment using the KBC Payment Button is a credit transfer 2 2 Contracting parties may use their means of access and signature tools to make secure payments 1 for goods and services purchased online from the websites of merchants that accept payments via the KBC Payment Button e com merce and 2 of invoices presented by issuers on the invoice management platform e invoicing Contracting parties activating the KBC Payment Button can choose via which electronic mobile banking application to initiate a payment transaction Contracting parties using the KBC Card Reader only need to use their means of access and signature tools once when signing payment transactions At that time contract ing parties i are identified and ii sign their instructions using their electronic signature Because contracting par ties are only logged on and identified at the time
8. Party must keep his elD and means of access and signature tools safe and use them in accord ance with the provisions of these regulations and undertakes to comply with the security guidelines that are annexed to these regulations or provided for reference purposes and constitute an integral part hereof 3 2 SIGNING ORDERS Subject to what is set out below all orders initiated via KBC Online have to be signed using the means of access and signature tools Applications or contracts for certain types of bank and insurance services can or in some cases must be signed using an elD The Contracting Party acknowledges that the means of access and signature tools and an elD form an electronic signature that meets the legal requirements regarding the accountability and integrity of the contents of the order Notwithstanding any provisions to the contrary in these regulations the Contracting Party recognises the legal validity of all orders initiated via KBC Online and of orders executed by KBC that were signed using the means of access and signature tools or an elD These orders constitute valid sufficient proof of his approval of the existence and contents of the order KBC Online Regulations The Contracting Party acknowledges that any KBC Online messages he sends are not signed with an electronic signature and therefore undertakes not to use this KBC Online messaging facility to remit orders As an exception however the request t
9. STATEMENTS OF ACCOUNT AND OTHER INFORMATION 4 1 1 After every transaction on an account or after a specific period the Bank will provide the Contracting Party with a statement of account which may or may not be accom panied by annexes The statement of account records the transactions performed on the account together with the old and the new balance It enables the Contracting Party to keep track of and check the transactions and balances on his account The Contracting Party can retrieve his statements of account via KBC Online immediately after executing a payment transaction Information relating to charges for payment transactions will be made available at least once a month by means of annexes to the state ments of account Contracting Parties who have opted to receive their statements of account and annexes in electronic form are required to view them via KBC Online and can print out and save them on their own computer They will no longer be able to retrieve their statements and annexes at KBC Matic printers Without prejudice to what is set out in Article 4 1 6 the statements and annexes will no longer be sent to them by post Any statements of account and annexes that are not printed out will remain available via KBC Online for ten years The Contracting Party can request his bank branch to provide paper copies of statements against payment 4 1 2 Contracting Parties who have opted to receive their statements of ac
10. and ii that he may only use the services on the terms and conditions specified in the Framework Agreement 2 INFORMATION PROVIDED BY THIRD PAR TIES AND LINKS 2 1 INFORMATION PROVIDED BY THIRD PARTIES The Contracting Party can use certain KBC Online ser vices such as Zoomit to view information which has been made available by other KBC group companies or third parties for the purpose of meeting their legal obliga tions or otherwise KBC cannot be held liable for the incorrectness incom pleteness or inaccuracy of information provided by these KBC group companies or third parties Nor can this exter nal information give rise to any liability whatsoever on the part of KBC 2 2 LINKS KBC Online offers links to third party websites which the Contracting Party may visit if he wishes KBC is in no way an intermediary between the Contracting Party and the third party in question KBC is in no way responsible for the content of the sites to which it provides a link nor can CW3440 06 2014 P 2 14 it guarantee their level of security or the suitability for a particular purpose of the information data or publications they contain Moreover KBC does not offer any guaran tee whatsoever in relation to the solvency and or reliability of the site owners or managers nor as regards the per sons or companies on which any such site might provide information KBC cannot guarantee the completeness correctness or accuracy of the
11. commercial offerings and conditions or for the complete ness accuracy or validity of the information on merchants websites All and any disputes arising between contracting parties and merchants must be settled solely between the two of them without intervention by the bank and they do not by any means relieve contracting parties of their obligation to reimburse the advance they have received KBC Online Regulations This version was registered in Leuven on 30 June 2014 There are 14 pages in total These regulations and their annexes stipulate the terms and conditions that apply to KBC Online describe the services offered and establish the rights and obligations of the Contracting Party and of e KBC Bank NV with registered office at Havenlaan 2 1080 Brussels Belgium FSMA 026256 A RLP Brussels VAT BE 0462 920 226 hereinafter referred to as the Bank and e KBC Insurance NV insurance company in Belgium with registered office at Prof Roger Van Overstraetenplein 2 3000 Leuven Belgium RLP Leuven VAT BE 0403 552 563 hereinafter referred to as the Insurer These regulations and their annexes together with the General Banking Terms and Conditions the rates and charges notified in accordance with Article 1 32 of the General Banking Terms and Conditions the Regulations Governing Trans actions in Financial Instruments with the Order Execution Policy in annex and the applicable General and Specific Policy Conditions and
12. instruments Contracting Party Any person residing in Belgium who signs a KBC Online contract and also uses KBC Online Cookies Small text files that are created by a program on the KBC website server but saved on the hard disk of the Contracting Party s computer These cookies are needed for KBC Online to work Among other things they create a record of the web pages visited by the Contract ing Party They also ensure that the Contracting Party receives better quality service and that certain details do not have to be entered repeatedly Cookies may for instance contain information on the language selected by the Contracting Party so that information can automati cally be displayed in the Contracting Party s preferred language the next time he visits the site Cookies will not be used for any other purposes Electronic identity card or elD The official electronic identity card issued to Belgian nationals It can be used by the Contracting Party in combination with an electronic identity card reader to identify himself and sign instruc tions The Contracting Party cannot use such a card as a means of logging in to and accessing KBC Online An electronic identity card can only be used in combination with an electronic identity card reader and personal identi fication number PIN to sign applications for or purchas es of certain financial services remotely through KBC Online Card The KBC Bank Card or Key to KBC Card which t
13. legitimate security reasons or it is prohibited under the relevant legislation KBC Touch will be unblocked as soon as the reasons for the block no longer exist 2 5 SPENDING LIMITS The execution of orders and payment transactions in par ticular is subject to spending limits that are set by type of transaction and or time period and or means of access and signature tool agreed between the bank and each con tracting party within the maximum and minimum limits set by the bank With the consent of the bank certain limits can be adjusted at the request of contracting parties or their legal representatives Information on the limits set can be obtained from any bank branch or at www kbc be touch documentation 2 6 ACCESS TIMES KBC Touch is accessible 24 hours a day seven days a week unless maintenance work is being carried out 2 7 OBLIGATIONS OF THE CONTRACTING PARTY Contracting parties must ensure beforehand that there are sufficient funds on account before giving a payment order Contracting parties must take all reasonable steps to safe guard the security of their means of access and signature tools For instance they may not i divulge the PIN for their card to anyone or write it down in a recognisable form on the card itself or on any other document that they carry on their person ii disclose the PIN giving access to the app or note it down in a recognisable form in a document that they carry on their person
14. on the part of the Contracting Party the Contracting Party will not be liable if a payment transaction was effected without physical presentation of the Card or without electronic identifica tion In derogation from the previous clauses and save for evidence of fraud or an intentional act on the part of the Contracting Party the Contracting Party will not be liable if the means of access and signature tools were copied by a third party or were misappropriated insofar as the Con tracting Party had these means of access and signature tools in his possession at the time of the disputed transac tion KBC cannot be held liable if some of the KBC Online facilities are temporarily unavailable due to maintenance work defects or force majeure KBC will be liable in the event of non execution or improper execution of orders initiated via KBC Online unless the Contracting Party has failed to meet his obligations KBC must make all the efforts required to ensure that proper service is provided and that an appropriate securi ty and identification system is in place However neither the Bank nor the Insurer can be held liable if this service is interrupted as a result of technical malfunctions or disruptions in the network which are beyond the immedi ate control of the Bank or the Insurer as service providers i e the responsibility of the provider or manager of the teletransmission system KBC is not liable for any loss or damage resulting
15. quality accuracy correctness and reliability of these Documents the access and response times 8 2 The Bank reserves the right to interrupt the Zoomit service to carry out maintenance work or to modify or upgrade Zoomit itself The Bank will do all in its powers to notify the User of this beforehand and to keep the duration of such interruptions as short as possible However interruptions could occur before there has been time to provide a warning for instance when there is a technical incident or in the event of force majeure including but not limited to strikes or events beyond the control of the Bank or in cases of acute emergency 9 Responsibility and liability 9 1 Without prejudice to what has been set out in Article 3 11 of the Regulations governing KBC Online the Bank cannot be held liable for any loss or damage whatsoever resulting from the non availability of the Zoomit service due to pre announced maintenance work or force majeure KBC Online Regulations any acts or omissions on the part of the User that are in contravention of the provisions contained in the Special terms governing use of Zoomit failure on the part of the User to comply with the security guidelines and or instructions failure of the Matching Test due to the Contract ing Party and or the User providing incorrect or incomplete information to the Bank or the Send er any incorrect declarations on the part of the User regar
16. services referred to in Article 1 2 of these regulations Electronic identity card or elD The official electronic identity card issued to Belgian nationals It can be used by contracting parties in combination with a PIN and an elec tronic identity card reader to identify themselves and sign instructions PIN A personal confidential identification code that ena bles contracting parties to i identify themselves in order to access KBC Touch for mobile banking the KBC Touch app and ii sign certain instructions Contracting parties must choose their PIN on initial registration for the KBC Touch app Device The computer or tablet that contracting parties use to access either the web browser applications for online banking or the e banking apps Card The KBC Bank Card that contracting parties use in combination with the relevant PIN and a KBC Card Reader Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 1 10 to identify themselves and sign instructions Use of the KBC Bank Card is governed by the KBC Bank Card Regulations KBC KBC Bank NV KBC Insurance NV or both KBC Card Reader A small appliance that generates an electronic signature an unconnected card reader Contracting parties places their card in this device and en ter the PIN linked to that card The card reader then calculates a
17. the period specified in Article 4 1 of the same regula tions After this period the transaction event can no longer be disputed 7 5 The User acknowledges that disputes regarding the content of Documents for instance incorrect invoic ing must be settled directly with the Sender s The Bank is not a party to any agreements between the User and the Sender 7 6 The User acknowledges that the Documents on the Sender s server may only be viewed for a certain period of time viz the period stipulated in the con tractual terms and conditions of the Sender The Documents will no longer be available either even if this period has not yet elapsed if the contractual relationship between the Contracting Party and the Bank or the Zoomit application is terminated in full or in part for certain Senders The User who still wishes to inspect the relevant Documents in the above mentioned cases will him self be responsible for storing archiving these Documents for instance by downloading them onto his hard disk Obligations of the Bank 8 1 Unless expressly stipulated otherwise the obliga tions of the Bank as regards the Zoomit service are entered into solely on a best efforts basis The Bank provides the Zoomit service without guaranteeing its quality The Bank does not provide any guarantee whatsoever as regards the continuous uninterrupted or defect free working of Zoomit the availability of Documents the
18. websites to which it provides links Consequently the Contracting Party may not hold KBC liable for any adverse consequences or any loss damage which he might suffer as a result of i making contacts and concluding contracts through these hyperlinks ii using information obtained via these hyperlinks iii view ing any website visited via these hyperlinks 3 TERMS AND CONDITIONS GOVERNING USE 3 1 ACCESS TO AND USE OF KBC ONLINE The Contracting Party is required to check whether his telecommunication system computer Internet connec tion etc complies with the specifications in the technical documentation included in the system requirements KBC Online is launched via the KBC website www kbc be KBC provides the necessary support for this facility both online and via a help desk that can be contacted by telephone The means of access and signature tools which the Con tracting Party requires to i identify himself and to gain access to KBC Online and the various services and to ii sign orders using an electronic signature are made avail able personally to the Contracting Party by KBC The Contracting Party cannot use the elD card as a means of identifying himself in order to gain access to KBC Online An elD card can only be used in combination with an electronic identity card reader and access code to sign online applications for or purchases of certain fi nancial services through KBC Online The Contracting
19. will not be liable if a payment transaction was effected without physical presen tation of their card or without electronic identification In derogation from the previous clauses and save for evi dence of fraud or an intentional act by a contracting party they will not be liable if the means of access and signature tools were copied by a third party or were misappropriated insofar as the contracting party had these means of access and signature tools in his her possession at the time of the disputed transaction KBC will be liable in the event of non execution or improper execution of orders initiated via KBC Touch un less contracting parties have failed to meet their obligations KBC cannot be held liable if some of the KBC Touch facil ities are temporarily unavailable due to announced maintenance work unannounced interruptions that are not of unreasonable duration defects or force majeure These do not in any way entitle contracting parties to compensa tion KBC must make every requisite effort to ensure that proper service is provided and that an appropriate security and identification system is in place However neither the bank nor the insurer can be held liable if normal service is interrupted as a result of technical malfunctions or disruptions in the network that are beyond the immediate control of the bank or the insurer as service providers i e where such is the responsibility of the provider or operator of the tra
20. Conditions In the event that they wish to cancel and order contracting parties must contact their KBC Bank branch 2 9 OBLIGATIONS OF THE BANK OR THE INSURER The bank or the insurer undertakes i With the exception of contracting parties elDs to bear the risk associated with sending the them the means of access and signature tools in particular the personalised security features ii To furnish contracting parties with the necessary means to give at all times the notification specified in Article 2 7 or to request deactivation of a block in accordance with Article 2 4 and to make available to contracting parties the means to prove that they gave this notification and this for a period of up to 18 months after notification was given iii To block any future use of KBC Touch insofar as technically possible as soon as contracting parties have reported the loss theft or misuse of their card iv Subject to the terms of Article 2 10 in the case of an unauthorised payment transaction and after doing a prima facie assessment of whether or not the indi vidual contracting party has committed fraud to immediately reimburse contracting parties the KBC Touch Regulations amount of unauthorised payment transactions and where necessary to return the payment account that was debited with the relevant amount to the state it would have been in had the unauthorised payment transaction not taken place i e with the
21. Endorsements constitute the Framework Agreement The Contracting Party declares that he has read these regulations and the Framework Agreement and has explicitly agreed to be bound by them by signing the KBC Online contract 1 DEFINITIONS AND SERVICES 1 1 DEFINITIONS In these regulations and the annexes to which they refer the following definitions will be used and applied unless expressly stipulated otherwise in the annexes The defini tions may be used without distinction in the singular or plural form Bank branch The KBC Bank branch where the Contract ing Party holds his accounts or to which he has entrusted his insurance policies for management Payment transaction An action initiated by the Con tracting Party or the user s involving the transfer of money more particularly credit transfers standing orders and direct debits denominated in euros or in a currency of a Member State of the European Economic Area EEA where the payer s bank and the beneficiary s bank or the only bank involved in the payment transaction are is established in the EEA Notwithstanding the appli cation of these regulations the special terms and conditions for the execution of payment transactions e g requirements regarding format acceptance method exe cution times rules regarding value dating etc are laid down in the General Banking Terms and Conditions and in the special regulations applying to specific payment services and payment
22. KBC Touch Regulations 2 KBC This version was registered in Leuven on 18 June 2015 There are 10 pages in total These regulations and their annexes stipulate the terms and conditions that apply to KBC Touch describe the services offered and establish the rights and obligations of the contracting party and of e KBC Bank NV with registered office at Havenlaan 2 1080 Brussels RLP Brussels VAT BE 0462 920 226 hereinafter referred to as the bank and KBC Insurance NV insurance company in Belgium with registered office at Prof Roger Van Overstraetenplein 2 3000 Leuven Belgium RLP Leuven VAT BE 0403 552 563 hereinafter referred to as the insurer Where services are not yet available through KBC Touch but are available through KBC Online any contracting parties who have signed up to KBC Online are given the option of using those services under the terms and conditions of the Regulations governing KBC Online and the applicable services and limits These regulations and their annexes together with the General Banking Terms and Conditions the rates and charges notified in accordance with Article 1 32 of the General Banking Terms and Conditions the Regulations Governing Trans actions in Financial Instruments with the Order Execution Policy in annex the Regulations governing KBC Online and the applicable General and Specific Policy Conditions and Endorsements constitute the framework agreement The contracting party declares th
23. Party enters an incorrect code generated by his KBC Card Reader three times access to KBC Online will be blocked for his Card In other words he will no longer be able to start up KBC Online with that Card However he will still be able to use it for facilities other than KBC Online The Contracting Party will have to contact his bank branch or insurance agent The Contracting Party should only insert his Card into card readers issued by KBC and should never enter his PIN via the keyboard of his computer The Contracting Party must ensure that his card number is not saved in a cookie on a shared computer SECURITY GUIDELINES The Contracting Party is responsible for the security of his computer and is strongly advised to install a virus scanner and firewall and to use the latest version of his operating system browser The Contracting Party is required to check whether the means of access and signature tools are valid and issued by the appropriate body as described at www kbc be security CW3440 06 2014 P 8 14 KBC Online Regulations ANNEX 2 SPECIAL TERMS APPLYING TO ZOOMIT Provided the provisions set out in this annex do not explicitly derogate from the provisions set out in the Regulations governing KBC Online the latter provisions will remain in force Definitions Unless expressly stipulated otherwise the following defi nitions will supplement the ones appearing in Article 1 1 of the Regulations governing KBC Online Th
24. ans of an advance provided by KBC undertakes i to inform his co holders of this fact and to notify them of their joint liability as co holder to reimburse that amount and ii always to act with the prior consent of his the other co holders 3 2 Contracting parties that explicitly opt to pay with an advance will themselves stipulate the date on which they wish to reimburse KBC That date must be within two months of the transaction date The payment date is always a banking day The contracting party may not revoke or alter that payment date The contracting party is given an advance without requiring to pay any charges or interest The advance entered on the contracting party s account is identified on their statements 3 3 The contracting party authorises the Bank to recover all due and payable amounts and advances by debiting the account named in Article 2 1 of these Special Terms The contracting party must ensure that there are sufficient funds on the account at the time the payment instruction is initiated i e the payment date Other than in the case of an attachment KBC reserves the right to debit payable amounts automatically from the said account even if there are insufficient funds on it The resulting debit balance does not however confer on the contracting party any vested right whatsoever to future credit and must be cleared in accordance with Article 1 30 of the General Banking Terms and Conditions Accounts may only
25. ansactions up to the full amount of the limit CW3440 06 2014 P 14 14 5 RELATIONSHIP WITH THE MERCHANT KBC merely offers a payment service and cannot in any event be held liable for any loss or damage suffered by the contracting party as a result of orders placed remotely and or purchases of products services from the merchant or as a result of processing by the merchant of online orders of products services paid for using the KBC Payment Button including but not limited to packaging delivery customer service or maintenance KBC is not liable for errors or shortcomings in the merchant s commercial offerings and conditions or for ensuring that the information on the merchant s website is complete accurate and up to date All and any disputes arising between the contracting party and the merchant must be settled solely between the two of them without intervention by the Bank and they do not by any means relieve the contracting party of his obliga tion to reimburse the advance he has received KBC Online Regulations
26. as digital Documents It is also in that relationship that arrangements are made for receiving similar documents at the same time via other channels including copies received by ordinary post fax e mail etc This often happens by means of the Send ers general terms and conditions The Bank is not involved at all in the Recipient Sender relationship and does not bear any responsibility in that regard 3 Access to the Documents The User may only access Zoomit from KBC Online using the means of access and signature tools for the e banking application The fact that several Users can be linked to one account does not automatically imply that each User will receive access to the Documents remitted by the Sender The User may only view Documents intended for him Documents are intended for him if he or his agent is the Recipient of these documents A Matching Test will be performed before the User can view a Document in Zoomit It is only when this test has been successful see Article 5 that the User is granted access to the Document In the Account information facility an icon in the window showing details of the current account will indicate that there are Documents available in Zoomit for the relevant accounts The Contracting Party has access to Zoomit via these icons As the person signing the KBC Online contract the Contracting Party has automatic access to Zoomit This means that these icons will always be shown regar
27. at he she has read these regulations and the framework agreement and has explicitly Belgium FSMA 026256 A agreed to be bound by them by signing the KBC Touch contract Unless otherwise stated KBC Insurance is the provider of the insurance products 1 DEFINITIONS AND SERVICES 1 1 DEFINITIONS In these regulations and their annexes the following defi nitions are used and applied unless expressly stipulated otherwise in the annexes Definitions in the singular include the plural and those in the plural include the singular Bank branch The KBC Bank branch where the contract ing party holds his her accounts or to which he she has entrusted his her insurance policies for management Payment transaction An action initiated by the contract ing party or the beneficiary involving the transfer of money more particularly credit transfers standing orders and di rect debits and card payments Notwithstanding the application of these regulations the special terms and con ditions for the execution of payment transactions e g requirements regarding format acceptance method execution times rules regarding value dating etc are laid down in the General Banking Terms and Conditions and in the special regulations applying to specific payment services and payment instruments Contracting party Any person residing in Belgium who signs a KBC Touch contract and also any person who uses KBC Touch Service s The present and future
28. attachment is laid on the account to be debited 4 Limits Execution of payment transactions via the KBC Payment Button is subject to the spending limits laid down in Article 2 5 of the regulations The specific limits for payments made with advances are laid down for each payment transaction and or time period and can be viewed at www kbc be paymentbutton Contracting parties making several payments with the KBC Payment Button must take account of the remaining bal ance of their spending limit Each time the advanced amount shown on the billing statement is debited from a contracting party s account that contracting party s credit limit is freed up and transactions may once again be car ried out up to the full amount of the limit Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 10 10 KBC 5 Relationship with the merchant KBC merely offers a payment service and cannot in any event be held liable for any loss suffered by contracting parties as a result of orders placed remotely and or pur chases of products services from a merchant or as a result of processing by merchants of online orders of prod ucts services paid for using the KBC Payment Button including but not limited to packaging delivery customer service or maintenance KBC is not liable for errors or shortcomings in merchants
29. be debited with payable amounts and advances following a civil attachment provided due heed is taken of i the regulations on protected amounts and after calculation of the amount that actually qualifies for attachment and distribution among the creditors and ii any liens that KBC can invoke In the case of a criminal attachment amounts may only be debited with the prior consent of the law enforcement agency that has laid the attachment The advance becomes due early if i a holder of the account to be debited or his spouse dies ii the account to be debited is closed for whatever reason iii there is a serious deterioration in the contracting party s creditworthiness KBC Online Regulations iv the account holder files a petition for collective debt settlement v an attachment is laid on the account to be debited 4 LIMITS Execution of payment transactions via the KBC Payment Button is subject to the spending limits contained in Article 3 5 of the Regulations Specific limits for payments made with advances are laid down for each payment transaction and or time period and can be viewed at www kbc be kocpaymentbutton Contracting parties making several payments with the KBC Payment Button must take account of the remaining balance of their spending limit Each time the amount of the advance is debited from the contracting party s account the card holder s credit limit is freed up and he may once again carry out tr
30. be downloaded from the KBC website at www kbc be touch en documentation and www kbc be privacy 5 3 COOKIES KBC Touch uses cookies to enhance contracting parties user experience Cookies are small files in text format that are installed on contracting parties devices when they make use of KBC Touch Certain cookies are needed for KBC Touch to work or for smooth communication between contracting parties devices and KBC Touch Other cookies are used to enhance contracting parties user experience and or to KBC Touch Regulations optimise the manner in which KBC Touch operates Among other things they create a record of the web pages visited by contracting parties they store part of their login details and language preference they ensure that the content of KBC Touch is better suited to contracting parties needs etc Contracting parties agree to the use of cookies Contract ing parties can find more information in this regard in the general privacy statement of KBC Bank NV www kbc be privacy 6 CHARGES Notwithstanding the charges for using the underlying ser vices and transaction charges contracting parties do not have to pay a fee for the use of KBC Touch 7 CHANGES 7 1 AMENDMENT OF THESE REGULATIONS AND THEIR ANNEXES The bank and the insurer reserve the right to amend the provisions of these regulations and their annexes Where this is required by law any amendment will be communi cated to contrac
31. by debiting the account named in Article 2 1 of these Special Terms and Conditions Contracting parties must ensure that there are sufficient funds on the relevant account at the time a pay ment order is initiated i e the payment date Other than in the case of an attachment KBC reserves the right to debit payable amounts automatically from that account even if there are insufficient funds on it The resulting debit bal ance does not however confer on the contracting party any vested right whatsoever to future credit and must be cleared in accordance with Article 1 30 of the General Banking Terms and Conditions Accounts may only be debited with payable amounts and advances following a civil attachment provided due heed is taken of i the regulations on protected amounts and after calculation of the amount that actually qualifies for attach ment and the settlement of creditors claims and ii any liens that KBC can enforce In the case of a criminal attach ment amounts may only be debited with the prior consent of the law enforcement agency that has laid the attach ment The advance becomes due early if i the holder of the account to be debited or his her spouse dies ii the account to be debited is closed for whatever rea son KBC Touch Regulations iii there is a serious deterioration in the contracting party s creditworthiness iv the account holder files a petition for collective debt settlement v an
32. can view information and remit or ders instructions using KBC Online services some of which are made available as standard to each Contracting Party whereas others are optional The Contracting Party can request access to these optional services either at the time the contract is concluded or at a later date He can amend his choice at any time through his bank branch Depending on the options offered by KBC a number of services will be activated only after the Contracting Party has completed a number of formalities The Bank and the Insurer reserve the right to refuse access to certain services An overview of the services which can be referred to before conclusion of the contract are available from any bank branch or insurance agent They can also be viewed at www kbc be kbconline The Contracting Party can find all the requisite information and a description of the main features and functions of the services in the General Banking Terms and Conditions the specific regulations and the product information available from his bank branch or insurance agent It can also be viewed at www kbc be and www kbc be kbconline The Contracting Party acknowledges i that he has received all the documents constituting the framework agreement prior to entering into the KBC Online contract along with all information regarding the features and functions of the services provided by KBC allowing him to determine whether they meet his requirements
33. clares that he has received a valid mandate for that purpose from the Recipient The Sender is the party responsible for processing the personal data of the Recipient and the User s in order to provide them with Documents in electronic form via Zoomit and to permit these Documents to be viewed The Bank and the Sender s will outsource the task of performing the Matching Test to Isabel NV which will act as the processing party This means that Isabel NV may not use the personal data in Zoomit for any purposes other than those described herein The Recipient and the User s are entitled to inspect the data held by the parties responsible for processing it the Bank and the Sender and if necessary request it to be corrected free of charge The Bank will take all the measures and use all the secu rity techniques necessary to protect the personal data it processes therefore including the link to the Docu ments but not the Documents themselves which are the responsibility of the Sender from loss theft damage and unauthorised access by third parties An overview of the different flows of information and data in Zoomit and of the ways to unsubscribe via the Bank is provided in the Bank s specific privacy statement on Zoomit More detailed information on the Bank s use of personal data and the exercise of rights in general is provided i in Articles 1 13 and 1 14 of the General Banking Terms and Conditions of th
34. correct value date including adding any interest on that amount In addition the bank will reimburse the amount of any subsequent financial consequences in particular the amount of any costs incurred by contracting parties in order to determine the amount of loss to be compen sated v To periodically inform contracting parties of the pre cautionary measures to be taken to prevent any improper use of KBC Touch vi Inthe event of a dispute concerning an unauthorised or improperly executed payment transaction to pro duce evidence showing that the transaction was authenticated correctly registered and booked to ac count and was not affected by a technical failure or other defect provided that contracting parties have informed the bank of the relevant payment transac tions without delay and no later than 13 months after the date on which the amount was debited or credited for value 2 10 RESPONSIBILITY AND LIABILITY Subject to the following provisions the liability rules set out in Article 1 27 of the General Banking Terms and Condi tions apply Each of the bank and the insurer will bear all and any risk associated with sending contracting parties means of ac cess and signature tools This does not apply to an elD As soon as the means of access and signature tools have been provided contracting parties are liable for any claims arising from their use subject to the following In the case of loss theft or misuse of the mea
35. count in electronic form agree that i the annexes to these statements will be made avail able to them in this way as well ii all personal time related notifications will be made by KBC Online message The Contracting Party can also opt to receive from the Bank and the Insurer other personal notifications infor mation and advertising material in electronic form via KBC Online He can indicate this preference in his client details 4 1 3 Contracting Parties undertake to read their statements of account and the annexes at least every 30 days Contracting Parties whose account statements annexes and other information are provided via KBC Online also undertake to read their non commercial messages at least every 14 days Non commercial messages are all personal notifications and information sent to clients except for their statements of account which may or may not be accompanied by annexes and pure advertising material As regards dispute possibilities and the time of irrevocable acceptance please see Article 4 1 4 4 1 4 Any dispute concerning unauthorised or improperly exe cuted orders including payment transactions or concerning statements of account annexes to these statements or non commercial messages must be notified CW3440 06 2014 P 6 14 in writing to the Bank in the manner and within the period stipulated in Article 1 25 1 of the General Banking Terms and Conditions After the periods referred
36. count within 30 calendar days If contracting parties do not exercise the right to cancel they will be bound for the term set out in the relevant terms and conditions of the insurance policy Contracting parties can find more information on the term and cancellation pro cedures in the special terms or regulations governing the relevant financial service This right to cancel does not apply to travel and baggage insurance or similar short term insurance policies of a du ration of less than one month or to life insurance contracts linked to an investment fund Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 5 10 KBC 3 INFORMATION PROVIDED BY THIRD PAR TIES AND LINKS 3 1 INFORMATION PROVIDED BY THIRD PARTIES Contracting parties can use certain services to view infor mation that has been made available by other KBC group companies or third parties further to their legal obligations or otherwise KBC is not liable should information provided by these KBC group companies or third parties be incorrect incomplete or inaccurate Nor can this external information give rise to any liability whatsoever on the part of KBC 3 2 LINKS KBC Touch offers links to third party websites which con tracting parties may visit if they wish KBC does not in any way act as an intermediary between contracting parti
37. cting parties must refrain from infringing any intellectual property rights and undertake to use KBC Touch solely in the way set out in these regulations and their annexes 5 ACCOUNT INFORMATION AND DATA PRO CESSING 5 1 STATEMENTS OF ACCOUNT AND OTHER INFORMATION 5 1 1 Contracting parties who have opted to receive their ac count information in electronic form i can at all times view it free of charge in KBC Touch im mediately after carrying out the relevant transaction itself ii consent to annexes to account information being made available to them electronically KBC Touch Regulations iii will no longer be able to retrieve their account infor mation and annexes at KBC Matic printers Without prejudice to Article 5 1 6 statements of account will no longer be sent to them by post Information relating to charges is provided on the screen displaying the account profile Account information will remain available for retrieval with KBC Touch for ten years The bank offers contracting parties the means to receive account information monthly free of charge in a manner en abling them to store and reproduce the account information unchanged 5 1 2 Contracting parties that opt to receive their account infor mation electronically agree that all personal time related notifications will be made in an online message Contracting parties can also opt to receive from the bank and the insurer other personal notifications
38. d out by a contracting party and the statements drawn up by the bank duplicates the dupli cates based on account details that appear in the bank s books and in the bank s log will prevail and constitute for mal proof of the transactions carried out by that contracting party Information contained in contracting parties policy docu ments constitute formal proof of the insurance transactions carried out on the instructions of contracting parties It will take precedence over insurance related information pro vided via KBC Touch Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 6 10 KBC 5 1 6 If account information and other information is made avail able via KBC Touch and i contracting parties fail to check it in good time in ac cordance with Article 5 1 3 ii contracting parties have not carried out any trans actions using KBC Touch for a relatively long period of time as determined by the bank based on the circumstances the bank and the insurer reserve the right to post the ac count information annexes and other information to the last stated address The forwarding expenses are to be paid by the contracting party 5 1 7 Contracting parties may also send messages with or with out attachments via the secure KBC Touch environment to their contact at their bank branch
39. ding his right to access the Documents The Bank is not responsible for any indirect or conse quential loss or damage or any intangible loss resulting from or related to the use of Zoomit includ ing but not limited to loss of time loss or damage suffered by clients loss of information loss of earn ings loss of profit increases in general expenses disruption of business operations claims by third par ties damage to reputation or expected savings resulting from or related to the use of Zoomit The liability of the Bank as regards the Zoomit appli cation is limited to 25 000 EUR 9 2 Only the Sender has a right to inspect and correct Documents Only the Sender is liable for the content quality accuracy and correctness of Docu ments Complaints or questions about Documents or their contents will not be handled by the Bank but should be addressed directly to the Senders Furthermore the Bank is not liable for incomplete incorrect or outdated information on the site of the Sender or third party to which they grant access by means of a hyperlink the solvency or reliability of the Sender or other site owner to which the link is made any failure on the part of the Sender to meets its delivery obligation or any other statutory or contractual obligation towards the Recipient the inability to create any connection required to provide the service and the interruption of the connection when this is attributable to
40. dless of whether the Contracting Party has actually used Zoomit or whether he has already added a specific Sender where necessary to his list of Senders If the Contracting Party unsubscribes for a specific Send er or from Zoomit in its entirety these icons will no longer be shown for that Sender or will not be shown at all It is only when the Contracting Party unsubscribes from Zoomit in its entirety that these icons will no longer be shown If the Contracting Party unsubscribes for a specif ic Sender these icons will continue to be shown but the Contracting Party will receive the Documents in the way he has agreed with the Sender When the User clicks the Document he exits the secure KBC Online environment and is taken to a secure web site server set up by or for the Sender where he can view the Document without it ever entering the Bank s systems or servers The Bank is not responsible for the content of the Senders sites servers and does not guar antee their level of security The Bank cannot access or inspect the Documents that are saved on the servers of the Sender The Bank only has access to the Basic Details to ensure that the User can retrieve the Documents KBC Online Regulations The Documents on the Sender s website or server may only be viewed for a certain period of time viz the period stipulated in the contractual terms and conditions of the Sender 4 The Matching Test Zoomit takes i the id
41. e card can still be used for facilities other than KBC Touch Contracting parties will have to contact their bank branch or KBC Insurance agent Contracting parties should only insert their card into card readers issued by KBC and should never enter their PIN via the keyboard of their computer Contracting parties must ensure that their card number is not saved in a cookie on a shared computer SECURITY GUIDELINES Contracting parties are responsible for the security of their computers and are strongly advised to install a virus scanner and firewall and use the latest version of their operating system browser Contracting parties must check whether the means of access and signature tools are valid and issued by the appropriate body as described at www kbc be security Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 8 10 KBC Touch Regulations KBC ANNEX 2 SPECIAL TERMS APPLYING TO THE KBC PAYMENT BUTTON 1 Definitions In these special terms the following definitions are used to supplement the definitions set down in Article 1 of these regulations The definitions may be used without distinction in the singular or plural form Merchants natural or legal persons that incorporate the KBC Payment Button into their websites as part of what is referred to as an e shop or online store
42. e Bank ii and in the Bank s general privacy statement The General Banking Terms and Conditions and the general and specific privacy statements of the Bank may be obtained from any KBC Bank branch or downloaded from the KBC website via www kbc be documentation and www kbc be privacy respectively Information relating to privacy is also provided on Zoomit s website https www zoomit be content zoomit en html gt privacy 7 Obligations of the User 7 1 The User undertakes to comply strictly with all secu rity guidelines relating to use of the means of access and signature tools as set out in Article 3 8 of the Regulations governing KBC Online 7 2 The User undertakes to inform the Bank without delay of any misuse by an unauthorised third party for instance Documents being seen by a third party who has not received permission from the Recipient to do so or if he suspects that misuse has occurred in the manner stipulated in the relevant regulations 7 3 The Bank and Isabel NV offer the User just one means via Zoomit to make it easier to pay Docu ments The User bears full responsibility for making timely and correct payment and ensuring that there are sufficient funds on account CW3440 06 2014 P 11 14 7 4 The User undertakes to address any dispute or complaint about the workings of the Zoomit service in writing to the departments specified in Article 7 1 of the Regulations governing KBC Online within
43. e this transaction in the same way as for fund transfers entered manually The Document s status only changes automatically to payment initiated when the payment order is entered in this way in KBC Online via the Pay this invoice button It is not an indication that payment has actually been made and does not constitute proof of payment Only statements of ac count serve as proof of payment If the User pays the Documents whose status is awaiting payment by another means such as by entering the details manually in KBC Online or through another chan nel Such as a paper based transfer the Document will still show the status awaiting payment unless the User changes it manually in Zoomit The User is responsible for managing and following up payments already or to be carried out 6 Data processing Personal data and customer related data including the Basic Details will be processed when Documents are made available via Zoomit As the party responsible for processing the Bank pro cesses the personal data of the Recipient and his User s in order to permit them to see and if necessary pay the Documents via Zoomit This means specifically in relation to Zoomit that the Bank processes data on the Recipient and the User s for the following purposes i Registering and recording whether the Recipient and the User s wish to use Zoomit ii Checking the transaction details against the Send ers
44. entification details of the Contracting Party and or his authorised User as recorded by the Bank and verified using the means of access and signa ture tools for the e banking application and compares them with ii the identification details of the Recipient or his au thorised User as obtained from the Sender of the Documents As a rule the data on both the Sender s and Bank s rec ords have to be a perfect match If this is the case access will be granted to the Contracting Party and his authorised Users If not access will be denied If the account number matches but the surname and first name of the Recipient do not the Sender may in certain cases still permit the User to inspect the Documents depending on their confidentiality level i When the Sender sets the Document s level of con fidentiality as sensitive there has to be a perfect match between 1 the identification details of the Contracting Party and or his authorised User sur name first name and aliases and the bank account number of the Contracting Party as recorded by the Bank and 2 the identification details of the Recipi ent or his authorised User surname first name and the bank account number as provided by the Send er of the Documents If the test returns a perfect match access will be granted to the Recipient and his authorised Users ii When the Sender sets the Document s level of confidentiality as not sensitive the te
45. es and the third parties in question KBC is in no way respon sible for the content of the sites to which it provides a link nor can it guarantee their level of security or the suitability for a particular purpose of the information data or publica tions they contain Moreover KBC does not offer any guarantee whatsoever in relation to the solvency and or re liability of site owners or managers or as regards the persons or companies on which any such site might pro vide information KBC cannot guarantee the completeness correctness or accuracy of the websites to which it provides links Consequently contracting parties may not hold KBC liable for any adverse consequences or any loss damage which they might suffer as a result of i making contacts and con cluding contracts through these hyperlinks ii using information obtained via these hyperlinks iii viewing the website s visited via these hyperlinks 4 INTELLECTUAL PROPERTY RIGHTS All intellectual property rights or in any event the rights to confer rights of use on contracting parties over the soft ware the user manual and all the component parts including but not limited to the apps data texts logos brand names and trade names that appear in KBC Touch belong to the bank the insurer or both or to their third party licensors Contracting parties are granted a personal non exclusive and non transferable right of use for the term of this agree ment Contra
46. ewed at www kbc be kbconline systemrequirements Means of access and signature tools i Either the KBC Card Reader the Card and its PIN as described in Annex 1 Special terms governing use of the KBC Card Reader which provide the Contracting Party with access to KBC Online services and which generate an electronic signature to enable the Contracting Party to identify himself and sign instructions ii Or the KBC E Business Card i e a smartcard with a personal certificate and a password for the Con tracting Party who is also registered as a user in KBC Online for Business and authorised by the KBC Online for Business contracting party to use the KBC E Business Card made available to him as the means of access and signature tool for KBC Online The KBC E Business Card is subject to Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group CW3440 V06 2014 P 1 14 the Specific Terms Governing KBC Online for Business Security The certification and registration services are provided in accordance with the terms and conditions governing the relevant Certificate Policy available at www kbc com certificate policy Insurance agent The independent intermediary other than KBC Bank NV who intermediates between the Contracting Party and KBC Insurance NV with regard to insurance 1 2 SERVICES The Contracting Party
47. from among other things the computer system the Contracting Party s Internet connection or the inadequateness of its security CW3440 V06 2014 P 5 14 3 12 TERM AND TERMINATION This KBC Online contract is open ended The Bank may terminate access to KBC Online with im mediate effect and without providing formal advance notice when the Contracting Party has not logged on for 12 months continuously This KBC Online contract may be terminated under the following conditions i The Contracting Party may at no cost terminate his KBC Online contract at any time by contacting his bank branch or insurance agent ii The Bank and the Insurer are entitled to cancel the contract at any time subject to two months notice The termination must be made on paper or another permanent carrier iii Both the Bank and the Insurer are entitled to termi nate the contract forthwith without having to provide formal notice in advance or having recourse to the courts if confidence in the Contracting Party is seriously impaired the Contracting Party fails to comply with the secu rity procedures there is a serious breach of contract In this case too cancellation by the Bank will serve as cancellation by the Insurer and vice versa The Contracting Party may claim a refund of the charges levied for the service and this in proportion to when the service is terminated save in the cases set out in Article 3 12 iii
48. gn them using their means of access and signature tools in the manner set down in these Regulations 2 2 Contracting parties who sign their payment transac tions using a KBC Card Reader can either 1 make immediate payment using their own funds 2 make payment on the basis of an advance provided by KBC under the terms and conditions set out in Articles 3 and 4 2 3 Provided there are sufficient funds regardless of whether they are own funds or an advance provided by KBC and provided there are no other factors preventing payment such as but not limited to a block or attach ment or any other reason named in Article 3 direct payment will always be made to the merchant in real time CW3440 V06 2014 P 13 14 3 CONDITIONS FOR PAYMENT WITH AN ADVANCE 3 1 Contracting parties wishing to make use of an ad vance provided by KBC must at least meet the following conditions 1 They must have reached the age of majority and have full capacity to contract 2 They must be the holder or joint holder of the ac count to be debited 3 They must act in the capacity of a consumer i e not for business or professional purposes KBC reserves the right to refuse an advance at any time A contracting party that accepts an advance can no long er withdraw his consent once it has been given A contracting party that is a joint holder of the account to be debited and that wishes to pay using the KBC Payment Button by me
49. gnature tools In such cases the Bank and or the Insurer will if possi ble inform the Contracting Party before access is blocked or immediately after via a permanent carrier on paper or in electronic format at the disposal of and accessible to the Contracting Party This information does not have to be provided if it clashes with objective legiti mate security reasons or it is prohibited under the relevant legislation KBC Online will be unblocked as soon as the reasons for the block no longer exist 3 5 SPENDING LIMITS The execution of orders and payment transactions in particular is subject to spending limits that are set by type of transaction and or the time period agreed between the Bank and the Contracting Party within the maximum and minimum limits set by the Bank With the consent of the Bank limits can be adjusted at the request of the Contracting Party or his legal representative Information on limits set can be obtained from any bank branch or at www kbc be kbconline 3 6 RIGHT OF USE AND INTELLECTUAL PROPERTY RIGHTS All intellectual property rights or in any event the rights to grant the Contracting Party the right of use to the KBC Online software the user manual and all the com ponent parts including but not limited to the apps data CW3440 06 2014 P 3 14 texts logos brand names and trade names that appear in KBC Online belong to the Bank the Insurer or both or to their third
50. he Contracting Party uses in combination with the KBC Card Reader and his PIN to identify himself and sign instruc tions Use of the KBC Bank Card is governed by the KBC Bank Card Regulations while use of the Key to KBC Card is governed by the Key to KBC Regulations KBC KBC Bank NV KBC Insurance NV or both KBC Card Reader A small device Unconnected Card Reader that generates an electronic signature The Contracting Party places his Card in this device and enters the PIN linked to that Card The card reader then calculates a new code with which the Contracting Party can identify himself and sign instructions KBC Online All the procedures agreed between the Contracting Party and the Bank and the Insurer respec tively facilitating access to various electronic services KBC Online also provides access to KBC s entire website Order Each instruction or order that the Contracting Party remits via KBC Online to carry out a payment transaction to carry out a payment order not falling within the definition of a payment transaction to execute trans actions in financial instruments shares bonds etc or to carry out any other banking or insurance transaction and each request for or acceptance of a contract for banking and insurance services System requirements The current system require ments which should be referred to before conclusion of the contract are available from any bank branch or insurance agent They can also be vi
51. he following condi tions 1 they must have reached the age of majority and have full capacity to contract 2 they must be the holder or a joint holder of the account to be debited 3 they must act in the capacity of a consumer i e not for business or professional purposes KBC reserves the right to refuse an advance at any time Contracting parties that accept an advance can no longer withdraw their consent once it has been given A contracting party who is a joint holder of the account to be debited and who wishes to pay using the KBC Payment Button by means of an advance provided by KBC undertakes i to inform the other co holders of this fact and to notify them of their joint liability as co holder to reimburse that amount and ii always to act with the prior consent of the co holders 3 2 Contracting parties that explicitly opt to pay with an ad vance will themselves stipulate the date on which they wish to reimburse KBC That date must be within two months of the transaction date The payment date is always a bank ing day Contracting parties may not revoke or alter that payment date Contracting parties are given an advance without having to pay any charges or interest Advances entered on contracting parties accounts are identified on their statements by the reference advance for purchase via KBC Payment Button 3 3 Contracting parties authorise the bank to recover all due and payable amounts and advances
52. is annex constitutes an integral part of these regulations Basic Details The surname first name possibly other first name they may go by and account number of the individual and the name and company number of the legal entity Document Each electronic business document relating to financial transactions already or to be carried out such as invoices and HR related documents such as pay slips created by a Sender with the intention of making them available to the Recipient via the Zoomit platform Contracting Party The person individual or legal entity as defined in the Regulations governing KBC Online who has signed an e banking agreement User The individual i e the Contracting Party The User is given access to the Documents if he is the Recipient or if he has been granted access to view them by the Recipient That can happen either explicitly by means of a power of attorney for information purposes or implicitly by means of a power of attorney over the Recipient s account Recipient The individual or legal entity intended to re ceive the Documents made available via Zoomit Matching Test The User s Basic Details in the Bank s records are compared with the Recipient s Basic Details in the Sender s records of debtors creditors in order to establish whether the User is entitled to view a Document as the Recipient thereof or as the one who has been authorised to view it by the Recipient The Matching Test i
53. l only incur liability in this regard after five banking days have elapsed since it re ceived the request to remove an optional service 2 3 REFUSAL ON THE PART OF THE BANK TO EX ECUTE AN ORDER The bank reserves the right to refuse to execute orders if there are no or insufficient funds in the account to cover them If the bank refuses to execute a payment transaction con tracting parties will be notified of this without delay and if possible informed of the reasons for refusal Such notifi cations will be made in print in e mails sent to the e mail addresses provided by contracting parties or on an other type of electronic carrier at the disposal of and accessible to the relevant contracting party Contracting parties who receive everything in digital form will be sent notification by means of an online message KBC Touch Regulations 2 4 BLOCKING ACCESS TO KBC TOUCH KBC may block access to KBC Touch for objective legiti mate reasons pertaining to the security of KBC Touch or to suspicion of unauthorised or fraudulent use of KBC Touch or the means of access and signature tools or the elD In such cases the bank and or the insurer will if possible inform contracting parties before access is blocked or im mediately after via a permanent carrier on paper or in electronic format at the disposal of and accessible to the contracting party This information does not have to be pro vided if it clashes with objective
54. lD safe and use them in accordance with the provisions of these regulations and undertake to comply with all the bank s security guidelines 2 2 SIGNING ORDERS Orders initiated using KBC Touch have to be signed using i the means of access and signature tools or ii an elD Contracting parties acknowledge that the means of access and signature tools and an elD form an electronic signature that meets the legal requirements regarding the accountability and integrity of the content of the order Not withstanding any provisions to the contrary in these regulations contracting parties recognise the legal validity of all orders initiated via KBC Touch and of orders executed by KBC that are signed using the means of ac cess and signature tools or the elD These orders constitute valid sufficient proof of their approval of the ex istence and content of the order Contracting parties acknowledge that any messages they send via the online messaging facility are not signed with an electronic signature and therefore undertake not to use such online messages to remit orders As an exception however requests to remove optional services from the KBC Touch subscription may be made by sending an online message to the branch Contracting parties acknowledge that the bank may consider such online mes sages to be valid The bank will take the necessary steps to ensure that requests for removal are acted on as quickly as possible However the bank wil
55. ls in particular the per sonalised security features ii to furnish the Contracting Party with the necessary means to facilitate at all times the notification speci fied in Article 3 8 or to request deactivation of a block in accordance with Article 3 4 and to make available to the Contracting Party the means to prove that he provided this notification and this for a period of up to 18 months after notification was pro vided iii to block any future use of KBC Online insofar as is technically possible as soon as the Contracting Party has reported the loss theft or misuse of his Card iv subject to what is set out in Article 3 11 in the case of an unauthorised payment transaction and after conducting a marginal evaluation to ascertain whether or not the Contracting Party has committed fraud to immediately reimburse the Contracting Party with the amount of the unauthorised payment transaction and where necessary to return the payment account that was debited with the relevant amount to the state it would have been in had the unauthorised payment transactions not taken place i e with the correct value date plus any interest on that amount In addition the Bank will reimburse the CW3440 06 2014 P 4 14 amount of any subsequent financial consequences in particular the amount of any costs incurred by the Contracting Party to determine the amount of loss to be compensated v to inform the Contracting Part
56. new code with which contracting parties can identify themselves and sign instructions KBC Touch A set of procedures agreed among a contracting party and each of the bank and the insurer of fering access to various electronic services via either a web browser or an app Order Each instruction or order that contracting parties re mit using KBC Touch to carry out a payment transaction to carry out a payment order not falling within the definition of a payment transaction to execute transactions in finan cial instruments shares bonds etc or to carry out any other banking or insurance transaction and each request for or acceptance of a contract for banking and insurance services Means of access and signature tools i a either a KBC Card Reader the card and its PIN as described in Annex 1 Special terms governing use of the KBC Card Reader b or in the case where the order includes a request for or acceptance of a contract for banking or insurance services a KBC Card Reader the card and its PIN as described in Annex 1 Special terms governing use of the KBC Card Reader whether or not supplemented by a process that 1 identify the contracting party and grant access to the web browser version of KBC Touch that 2 generate an electronic signature with which the contracting party can sign the order and that 3 ensure that the integrity of the orders is maintained ii ora PIN a that identifies cont
57. ng expenses are to be paid by the Contracting Party 4 1 7 The Contracting Party may also send messages with or without attachments via the secure KBC Online environ ment to his contact at his bank branch or insurance agency The Contracting Party acknowledges that these messages are not signed with an electronic signature and therefore undertakes not to use KBC Online mes sages to remit orders in the way set out in Article 3 2 The size and shape requirements which the attachments must satisfy are set out in the relevant screen in KBC Online The messages in the Contracting Party s inbox will be kept for one year If the Contracting Party wants to keep them for a longer period he will have to save them to a permanent carrier of his own When the Contracting Party sends a message to his contact in the bank branch or insurance agency it may be read by several members of staff to ensure that it re ceives a reply even if the contact is absent KBC Online Regulations 4 2 DATA PROCESSING With regard to the processing and exchange of personal data and customer related data reference is made a as regards processing for which the Bank is respon sible to i Articles 1 13 and 1 14 of the General Banking Terms and Conditions which the Contracting Party declares to have read and expressly accepted and ii KBC Bank NV s general privacy statement b as regards processing for which the Insurer is responsible to i
58. nline and via a help desk that can be contacted by telephone Contracting parties register and identify themselves using the means of access and signature tools that have been issued to them The first time contracting parties log on us ing the app they must register to use KBC Touch and expressly declare that they accept i the provisions of the framework agreement ii the limits selected and iii and the chosen PIN They do so by signing using their KBC Card Reader card and relevant PIN Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 2 10 KBC An elD card cannot be used by contracting parties as a means of identifying themselves in order to gain access to KBC Touch An elD card in combination with an electronic identity card reader and the relevant PIN may be used only to sign an application or contract for banking or insurance services online If contracting parties enter an incorrect PIN three times in a row while identifying themselves with the intention of ac cessing the KBC Touch app or using the PIN to sign certain orders access to the KBC Touch app will be blocked If that happens contracting parties must request a new PIN via the app using their KBC Card Reader card and the rel evant PIN Contracting parties are required to keep their means of ac cess and signature tools and their e
59. ns of access and signa ture tools contracting parties will be liable for their unauthorised use until such time as loss theft or misuse is reported as required under Article 2 7 However until loss theft or misuse is reported in the way set out in Article 2 7 the liability of contracting parties for unauthorised payment transactions resulting from unau thorised use of their means of access or signature tools is limited to 150 euros per claim Claim means all loss or damage resulting from misuse of the same lost or stolen means of access and signature tools The above limitation of liability will not apply and contract ing parties will bear any loss or damage that arises if they have acted fraudulently or with intent or gross negligence Whether or not gross negligence occurred in the given cir cumstances is up to the court whose decision will be final Contracting parties must however be aware that they have to keep their means of access and signature tools safe and secure and use them as set out in Article 2 7 oth erwise KBC Touch is susceptible to being misused The bank gives contracting parties notice that certain conduct including but not strictly limited to the following can lead to losses for which they may be held liable i failure on the part of contracting parties to observe their obligations or infringement of the security guide lines contained in Article 2 7 second paragraph i to vii ii fail
60. nsmission system KBC is not liable for any loss or damage resulting from defective operation or security of contracting parties devices and or Internet connections 2 11 TERM AND TERMINATION This contract is open ended KBC may terminate access to the KBC Touch web browser version with immediate effect and without providing formal advance notice when contracting parties have not logged on for a continuous period of 12 months KBC may terminate access to KBC Touch via the app with immediate effect and without providing formal advance no tice when contracting parties have not logged on via the KBC Touch Regulations app for a continuous period of six months and or have not installed two or more successive updates of the app This agreement can also be terminated in the following cases i Contracting parties may terminate their agreement at no cost at any time by contacting their bank branch or KBC Insurance agent ii The bank and the insurer are entitled to cancel the agreement at any time subject to two months notice Termination must be served on paper or an other permanent carrier iii Both the bank and the insurer are entitled to terminate the agreement forthwith without having to provide for mal notice in advance or obtaining a court order if confidence in the contracting party has been seri ously impaired the contracting party fails to comply with the secu rity procedures there is a seriou
61. nterfeited or misused in any other way or a situation arises in which his elD PIN no longer remains secret the Contracting Party must imme diately i notify DOC STOP by calling 00800 2123 2123 free of charge ii report the matter to the federal police 3 9 CANCELLING AN ORDER TO CARRY OUT A PAYMENT TRANSACTION A Contracting Party initiating a transfer order via KBC Online is no longer able to cancel it once it has been received by the Bank As soon as the Contracting Party has sent his signed transfer order it will be deemed to have been received by the Bank Without prejudice to the rights regarding repayment how ever the Contracting Party Payer may in the case of a direct debit cancel the payment order up until the end of the working day preceding that on which it was agreed that the payment account should be debited To cancel an order to carry out a payment transaction irrespective of whether it concerns a transfer order or direct debit the Contracting Party has to contact his KBC Bank branch It cannot be cancelled via KBC Online The Contracting Party Payer may use KBC Online to cancel a transfer order with a payment date up until the end of the calendar day preceding the agreed payment date 3 10 OBLIGATIONS OF THE BANK OR THE INSURER The Bank or the Insurer undertakes i with the exception of the elD to bear the risk asso ciated with sending the Contracting Party the means of access and signature too
62. o remove an optional service from the KBC Online subscription for instance unsubscribing from Zoomit may be made by sending a KBC Online message to the branch The Contracting Party acknowledges that the Bank may consider such a message to be valid The Bank will take the necessary steps to ensure that the request for removal is acted on as quickly as possible However the Bank will only incur liability in this regard after five banking days have elapsed since it received the request to remove an optional service 3 3 REFUSAL ON THE PART OF THE BANK OR THE INSURER TO EXECUTE AN ORDER The Bank reserves the right to refuse to execute orders if there are no or insufficient funds on the account to cover them If the Bank refuses to execute a payment transaction the Contracting Party will be notified of this without delay and if possible informed of the reasons for refusal This notifi cation will be made in print via an e mail sent to the e mail address provided by the Contracting Party or via another type of electronic carrier at the disposal of and accessible to the Contracting Party Contracting Parties who receive everything in digital form will be sent notifica tion by means of a KBC Online message 3 4 BLOCKING KBC ONLINE KBC may block access to KBC Online for objective legit imate reasons pertaining to the security of KBC Online or to suspicion of unauthorised or fraudulent use of KBC Online or the means of access and si
63. od to terminate the agreement forthwith and at no cost if he does not agree to the pro posed amendments Amendments will be binding on the Contracting Party if he does not cancel the agreement within two months of notification 6 2 ADDITION OF SERVICES IN KBC ONLINE If new KBC Online services are added the Contracting Party after having been notified in accordance with the legal requirements in respect of the main features terms conditions and charges for these new services can immediately authorise them in the manner agreed for the service in question 7 DISPUTES 7 1 COMPLAINTS HANDLING If the Contracting Party has a complaint regarding a KBC Online service or the execution of orders he must follow the procedures described in Article 1 25 2 of the General Banking Terms and Conditions 7 2 GOVERNING LAW AND COMPETENT COURT The rights and obligations of the Contracting Party and KBC are governed by the laws of Belgium All disputes are subject to the jurisdiction of the Belgian courts cw3440 voe 2014 J P74 tti lt CSsi sOOSO QR Online Regulations ANNEX 1 SPECIAL TERMS GOVERNING USE OF THE KBC CARD READER THE KBC CARD READER The KBC Card Reader security system is based on symmetric cryptography Using his Card and its PIN the Contracting Party can generate an electronic signature in the form of a unique numerical code which enables him to identify himself and to sign instructions If the Contracting
64. or KBC Insurance agency Contracting parties acknowledge that these messages are not signed with an electronic sig nature and therefore undertake not to use the online messaging facility to remit orders in the way set out in Arti cle 2 2 Messages in contracting parties inboxes will be kept for one year If contracting parties want to keep them for a longer period they will have to save them to a permanent carrier of their own When contracting parties send a message to their contact at the bank branch or KBC Insurance agency it may be read by several members of staff to ensure that it receives a reply even if the contact is absent 5 2 DATA PROCESSING With regard to the processing and exchange of personal data and client related data reference is made a as regards processing for which the bank is responsible to i Articles 1 13 and 1 14 of the General Banking Terms and Conditions which contracting parties declare they have read and expressly accepted and ii the general privacy statement of KBC Bank NV b as regards processing for which the insurer is re sponsible to i the insurance policies concerned their special and general conditions as advised to and expressly accepted by contracting parties when taking out the relevant insurance and ii the general privacy statement of KBC Insurance NV The documents referred to above may be obtained from any bank branch or the relevant KBC Insurance agency and can
65. party licensors The Contracting Party is granted a personal non exclusive and non transferable right of use for the term of this agreement The Contracting Party will not infringe upon any intellectual property rights and undertakes to use KBC Online solely in the way set out in these regula tions and its annexes 3 7 ACCESS TIMES KBC Online is accessible 24 hours a day 7 days a week unless maintenance work is being carried out 3 8 OBLIGATIONS OF THE CONTRACTING PARTY The Contracting Party must ensure beforehand that there are sufficient funds on account before giving a payment order The Contracting Party must take all reasonable steps to safeguard the security of his means of access and signa ture tools or elD For instance he may not i divulge the PIN for his Card to anyone or write it down in a recognisable form on the Card itself or on any other document ii divulge the PIN for his elD to anyone or write it down in a recognisable form on the elD itself or on any other document iii leave his computer or means of access and signa ture tools unattended for instance at his place of work in a hotel or vehicle even if it is locked or in any place effectively open to the public iv hand over the means of access and signature tools to third parties including but not limited to his spouse partner a family member or friend or allow them to be used by said third parties The Contracting Party mu
66. r irregularities appear ing on his her statements of account v as regards insurance transactions notify KBC forth with of any indication of unauthorised transactions as well as any errors or irregularities in the electronic in formation provided in KBC Touch or on the policy documents The contracting parties can report such incidents at any time by calling 015 63 22 80 If their card is stolen lost counterfeited or misused in any other way or if the PIN linked to their card is no longer se cret contracting parties must immediately notify CARD STOP 32 70 344 344 in the manner and in ac cordance with the procedure set out in the applicable card regulations Contracting parties are additionally advised to report the matter to the police If their PIN for accessing the KBC Touch app is misused or is no longer secret contracting parties are advised to im mediately report the matter to the police If their elD is stolen lost counterfeited or misused in any other way or a situation arises in which their elD PIN no longer remains secret contracting parties must immedi ately notify DOC STOP using the free telephone number 00800 2123 2123 Contracting parties are also advised to report the matter to the police 2 8 CANCELLING AN ORDER TO CARRY OUT A PAYMENT TRANSACTION Whether and if so up to what time contracting parties can cancel a transfer order is set down in Article 1 15 7 of the General Banking Terms and
67. racting parties and gives them access to the KBC Touch apps and b that con tracting parties can use to sign certain orders iii or activation of a confirmation button by which contract ing parties can confirm certain orders System requirements The current system requirements for online and mobile banking which should be referred to before conclusion of the contract are available from any KBC Touch Regulations bank branch or KBC Insurance agent They can also be viewed at www kbc be touch systemrequirements Insurance agent The independent intermediary other than KBC Bank NV that intermediates between contracting parties and KBC Insurance NV with regard to insurance 1 2 SERVICES Contracting parties can view information and remit orders using KBC Touch Some services are made available as standard to each contracting party Others are dependent on the user group to which a contracting party belongs special services A number of services are optional Con tracting parties can request access to the optional services either at the time the agreement is concluded or at a later date They can amend their choice at any time Depending on the options offered by KBC a number of services will be activated only once contracting parties have completed a number of formalities The bank and the insurer reserve the right to refuse access to certain services An overview of the available services which can be re ferred to before concl
68. rd parties including his spouse partner family members and friends KBC Online Regulations iii allowing KBC Online to be used by third parties iv leaving the means of access and signature tools unattended for instance at work in a hotel in a vehicle even if it is locked or in any place effec tively open to the public v failing to report any loss or theft immediately vi failing to have KBC Online blocked immediately if the Contracting Party discovers that his Card or elD has been lost stolen or misused vii a failure on the part of the Contracting Party to notify the Bank without delay of any entries of unauthor ised transactions on his account and any errors and irregularities appearing on his statements of ac count As regards unauthorised payment transactions the Con tracting Party is not liable for any loss or damage attributable to loss theft or misuse of the means of ac cess and signature tools that arises after this has been reported except in the case of fraudulent conduct Subject to what is set out as regards unauthorised pay ment transactions the Contracting Party is not liable for any loss or damage attributable to loss theft or misuse of the means of access and signature tools that arises after this has been reported except in the case of fraudulent conduct intention or gross negligence In derogation from the previous clauses and save for evidence of fraud or an intentional act
69. s breach of contract In this case too cancellation by the bank will serve as can cellation by the insurer and vice versa Contracting parties may claim a refund of the charges lev ied for the service proportional relative to the time when the service is terminated save in the cases set out in Article 2 11 iii 2 12 EXERCISING THE RIGHT TO CANCEL FINANCIAL SERVICES SOLD REMOTELY Any contracting party using KBC Touch as a consumer to enter into an agreement for a financial service has 14 cal endar days to cancel that service without having to pay a penalty or state a reason for doing so in the case of life insurance this period is 30 days The special terms and conditions for exercising the right to cancel are set down in the General Banking Terms and Conditions In the case of insurance contracts the right to cancel is exercised as follows The cancellation period commences on the day after that on which the contract is entered into except for life insur ance in which case the period commences when the insurer informs the policyholder that the insurance policy has been entered into or the day on which the contracting party has received the contract terms and all additional in formation if that date is later This right to cancel can be exercised by letter sent to KBC Insurance If contracting parties have already paid for this service e g a premium then the charges in question will be repaid by crediting their ac
70. s performed within Zoomit by Isabel NV in the way described in Article 5 Sender The company for instance a supplier or em ployer which draws up the Documents and which sends and makes them available to the User via Zoomit Zoomit platform The hardware and software managed and maintained by Isabel NV with registered office at Keizerinlaan 13 15 1000 Brussels Belgium RLP 0455 530 509 and to which the Bank is connected with a view to providing the Zoomit service 1 Zoomit service Zoomit is a service for the secure exchange of Docu ments between Senders for instance utilities companies and the Recipient for instance a customer of said com panies The Documents are made available and accessible to the Recipient via his or his agent s e banking application Zoomit also makes it easier to carry out payments if the User opts for it to fill in the payment order Therefore Zoomit essentially has two purposes i To deliver Documents securely in digital form ii To simplify payment orders by filling in the basic details of the order using the information provided on the invoice CW3440 06 2014 P 9 14 2 Arrangements with Senders form the basis The most important relationship for the Zoomit service is the relationship between the Recipient for instance a customer of a utilities company and the Sender It is in that relationship that the Recipient decides whether or not to receive invoices or pay slips
71. st i notify KBC forthwith of the loss theft counterfeiting or any other misuse of KBC Online and or his Card or elD ii strictly comply with the obligations of the card hold er as described in the KBC Bank Card Regulations when using the KBC Bank Card and in the Key to KBC Regulations when using the Key to KBC Card iii as regards banking transactions notify KBC forth with of any entries of unauthorised transactions on his account as well as any errors or irregularities appearing on his statements of account iv as regards insurance transactions notify KBC forth with of any indication of unauthorised transactions as well as any errors or irregularities in the electronic information provided in KBC Online or on the policy documents The Contracting Party can report such incidents at any time by calling 32 70 69 00 02 The Contracting Party must within three calendar days confirm this telephone notification in writing to the addresses of the Bank or Insurer as relevant as given in Article 7 1 If his Card is stolen lost counterfeited or misused in any other way or a situation arises in which his PIN no longer remains secret the Contracting Party must immediately KBC Online Regulations i notify CARD STOP 32 70 344 344 in the manner and in accordance with the procedure set out in the relevant card regulations ii report the matter to the federal police If his elD is stolen lost cou
72. st must show that there is a match between 1 the identification details of the Contracting Party and or his authorised User surname first name and aliases and the bank account number of the Contracting Party as record ed by the Bank and 2 the identification details of the Recipient or his authorised User surname first name and the bank account number as provided by the Sender of the Documents If this is the case access will be granted to the Recipient and his authorised Users If not access will be denied If this initial test fails the Document may still be accessed if the authenticated KBC Online User requesting access to the Document declares that he has been duly authorised to do so by the Recipient The Recipient will be duly informed and may object to this if necessary For each Sender the Recipient may also indicate in the Zoomit application whether he has granted explicit permission to the other Users who now or in the future hold a power of attorney over his current account s or who by some other means have access to the rele vant current account s to inspect the Documents intended for him CW3440 06 2014 P 10 14 5 Paying Documents The User can pay Documents whose status is awaiting payment by clicking on Pay this invoice The amount beneficiary s account number and reference will then be filled in automatically in the transfers screen The User is then required to continu
73. the payment transaction is signed they are not able to first se lect which account is to be debited Contracting parties recognise and agree that the account to be debited is the account to which there is a link to the card they use to gether with their KBC Card Reader Contracting parties using the KBC Touch app log in using their PIN select the account to be debited scan their pay ment transactions and sign them using their means of access and signature tools in the way defined in these reg ulations 2 3 In the context of e commerce contracting parties can opt for a payment on the basis of an advance granted by KBC under the terms and conditions set down in Articles 3 and 4 In the context of e invoicing contracting parties do not have this option 2 4 Provided there are sufficient funds regardless of whether they are own funds or an advance provided by KBC and provided there are no other factors preventing payment such as but not limited to a block or attach ment or any other reason named in Article 3 direct payment will always be made to the merchant in real time Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 9 10 3 Terms and conditions for payment with an advance only for e commerce 3 1 Contracting parties wishing to make use of an advance provided by KBC must at least meet t
74. third par ties 9 3 The Sender of the Document decides which Match ing Test will be applied to which Documents see Article 5 The Bank bears no responsibility in this regard 9 4 Only the Sender is liable for the advertisements appearing on Documents or in banners The Bank cannot be held responsible for this CW3440 06 2014 P 12 14 10 Intellectual property rights The proprietary rights and other intellectual property rights relating to the Zoomit service such as those covering programs software brand names the trade name and the logo belong to Isabel NV and will in no way be transferred to the User The User will refrain from violating these rights in any way He may use the Zoomit application and documents solely for his own needs and will not copy or distribute them or make them available to third parties The User is prohibited from modifying the programs and Zoomit screens in any way whatsoever 11 Charges Access to and the use of Zoomit is free of charge without prejudice to any charges applying to KBC Online and the means of access and signature tools and without preju dice to the contractual stipulations and arrangements between the Recipient and the Sender 12 Termination Save in the case of cancellation subscription by the Contracting Party is for an indefinite period of time The Contracting Party may at any time i unilaterally cancel the Zoomit application in his sub scription for
75. ting parties at least two months before its planned entry into effect either on paper or via a perma nent carrier made available to them Contracting parties may avail themselves of the opportunity within this two month period to terminate the agreement forthwith and at no cost if they do not agree to the proposed amendments Amendments will be binding on contracting parties if they do not cancel the agreement within two months of notifica tion 7 2 ADDITION OF NEW SERVICES If new services are added contracting parties can after having been notified in accordance with the legal require ments in respect of the main features terms conditions and charges for these new services immediately author ise them in the manner agreed for the service in question Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 7 10 KBC 7 3 NEW APP VERSIONS Contracting parties acknowledge that KBC will regularly launch new versions of the app Contracting parties will be notified on their device when the updates are available from their app store and will also receive a summary of the main changes Contracting parties undertake to familiarise themselves with the changes before installing an update Contracting parties also undertake not to install an update when they do not agree with the changes it entails Con
76. to have elapsed the statement of account and the balance printed thereon as well as the content of the non commercial messages will be irrevo cably considered to have been accepted in full 4 1 5 The Contracting Party undertakes not to unlawfully ma nipulate or falsify any statements of account retrieved via KBC Online If there are any differences between the statements of account printed out by the Contracting Party and the statements drawn up by the Bank dupli cates the duplicates based on account details that appear in the Bank s books and in the Bank s log will prevail and constitute formal proof of the transactions carried out by the Contracting Party Information contained in the Contracting Party s policy documents constitute formal proof of the insurance trans actions carried out on the instructions of the Contracting Party It will take precedence over insurance related in formation provided via KBC Online 4 1 6 If statements of account and other information are made available via KBC Online and i the Contracting Party fails to check them in good time in accordance with Article 4 1 3 ii the Contracting Party has not carried out any trans actions using KBC Online for a relatively long period of time as determined by the Bank based on the circumstances the Bank and the Insurer reserve the right to post the statements of account annexes and other information to the last stated address The forwardi
77. tracting parties declare that they are aware that a pre vious version of the app cannot be used once an update has been installed and that an update should not be in stalled if they wish to continue using an older version When contracting parties install a new version and use it for the first time an overview is received describing the changes which contracting parties must declare they ac cept 8 DISPUTES 8 1 COMPLAINTS HANDLING If contracting parties have complaints regarding a service or the execution of orders they must follow the procedures described in Article 1 25 2 of the General Banking Terms and Conditions 8 2 GOVERNING LAW AND COMPETENT COURT The rights and obligations of contracting parties and KBC are governed by the laws of Belgium All disputes fall under the jurisdiction of the Belgian courts KBC Touch Regulations apanage KBC ANNEX 1 SPECIAL TERMS GOVERNING USE OF THE KBC CARD READER THE KBC CARD READER The KBC Card Reader security system is based on symmetric cryptography Using their card and its PIN contracting parties can generate an electronic signature in the form of a unique numerical code enabling them to identify themselves and to sign instructions If contracting parties enters an incorrect code generated by their KBC Card Reader three times access to KBC Touch will be blocked for their card In other words it will no longer be possible to start up KBC Touch with that card However th
78. ure to report any loss or theft immediately Registered office KBC Bank NV Havenlaan 2 1080 Brussels Belgium VAT BE 0462 920 226 RLP Brussels FSMA 026256 A Member of the KBC group AA1353 V06 2015 P 4 10 KBC iii failure to have KBC Touch blocked immediately if contracting parties discover that their means of ac cess and signature tools excluding the card reader or their elD or their device together with the relevant PIN have been lost stolen or misused iv failure on the part of contracting parties to notify the bank without delay of any entries of unauthorised transactions on their account and any errors and ir regularities appearing in their account information As regards unauthorised payment transactions contract ing parties are not liable for any loss or damage attributable to loss theft or misuse of the means of access and signa ture tools that arises after this has been reported except in the case of fraudulent conduct Subject to the provisions concerning unauthorised payment transactions contracting parties are not liable for any loss or damage attributable to loss theft or misuse of the means of access and signature tools that arises after this has been reported except in the case of fraudulent conduct intention or gross negligence In derogation from the previous clauses and save for evi dence of fraud or an intentional act on the part of a contracting party contracting parties
79. usion of the contract is available from any bank branch or KBC Insurance agent They can also be viewed at http Awww kbc be touch en documenta tion Contracting parties can find all the requisite information and a description of the main features and functions of the services in the General Banking Terms and Conditions the specific regulations and the product information available from their bank branch or in the general or special insur ance conditions available from their bank branch or KBC Insurance agent They can also be viewed at http www kbc be documentation The contracting party acknowledges that i they have received all the documents constituting the framework agreement prior to entering into the KBC Touch contract along with all information regard ing the features and functions of the services provided by KBC allowing them to determine whether they meet their requirements and ii they may only use the services on the terms and con ditions specified in the framework agreement 2 TERMS AND CONDITIONS OF USE 2 1 ACCESS TO AND USE OF KBC TOUCH Contracting parties must check whether their device and telecommunication system comply with the specifications in the technical documentation included in the system re quirements KBC Touch is launched either via the KBC website at www kbc be via a web browser or by downloading an app from the app shop KBC provides the necessary support for this facility both o
80. uthorised payment transactions resulting from unau thorised use of his means of access or signature tools is however limited to 150 euros per claim By claim is meant all loss or damage resulting from the misuse of the same lost or stolen means of access and signature tools The above limitation of liability will not apply and the Con tracting Party will bear any loss or damage that arises if he has acted fraudulently or with intent or gross negli gence Whether or not gross negligence occurred in the given circumstances is up to the court whose decision is final The Contracting Party must however be aware that he has to keep his means of access and signature tools safe and secure and use them as set out in Article 3 8 otherwise KBC Online may be misused The Bank warns the Contracting Party that certain behaviour including but not strictly limited to the following can lead to losses for which he may be held liable i a failure on the part of the Contracting Party to ob serve his obligations or the violation of security guidelines such as keeping his KBC Card Reader Card and PIN or his electronic identity card reader elD and its PIN in a recognisable form in the same place written down on the relevant card itself or on a document that he keeps with his Card or elD and that he keeps on his person with his Card or elD ii giving his means of access and signature tools including his Card or elD and divulging his PIN to thi
81. y regularly of the precautionary measures to be taken to prevent any improper use of KBC Online vi in the event of a dispute concerning an unauthorised or improperly executed payment transaction to pro duce evidence showing that the transaction was authenticated correctly registered and booked to account and was not affected by a technical failure or other defect provided that the Contracting Party has informed the Bank of the relevant payment transaction without delay and no later than 13 months after the date on which the amount was deb ited or credited for value 3 11 RESPONSIBILITY AND LIABILITY Subject to the following provisions the liability rules set out in Article 1 27 of the General Banking Terms and Conditions apply The Bank and the Insurer respectively will bear any and all risk associated with sending the Contracting Party the means of access and signature tools This does not apply to the elD As soon as the means of access and signature tools have been provided the Contracting Party is liable for any claims arising from their use subject to what is set out below In the case of loss theft or misuse of the means of access and signature tools the Contracting Party will be liable for the unauthorised use thereof until the loss theft or misuse is reported as laid down in Article 3 8 Until the loss theft or misuse is reported in the way set out in Article 3 8 the liability of the Contracting Party for una
82. ying software that is integrated into the merchant s website which clients can use to effect payments at the merchant s e shop using their KBC electronic banking application 2 OPERATION OF THE KBC PAYMENT BUTTON 2 1 Contracting parties may use their means of access and signature tools to make secure payments for goods and services purchased online from the websites of mer chants that accept payments via the KBC Payment Button Contracting parties activating the KBC Payment Button on a merchant s website will be connected to their electronic banking application where they can initiate payment transactions Contracting parties using the KBC Card Reader only need to use their means of access and signature tools when signing payment transactions At that time contracting parties i are identified and ii sign their instructions using their electronic signature Because the client is only logged on and identified at the time the payment transac tion is signed he is not able to first select which account is to be debited The contracting party recognises and agrees that the account to be debited is the account to which the card he uses together with his KBC Card Reader is linked Contracting parties using other means of access and signature tools first have to log on to their electronic bank ing application using their means of access and signature tools select the account to be debited enter their pay ment transactions and then si

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