Business Terms and Conditions for Electronic
Contents
1. nature certificate validity of passwords and certificates their properties and use of the token and signature cer tificate are presented in the User Manual in accordance with Article IV para 10 of these Terms and Conditions Ill Technical Conditions for the Client for Providing the Service 1 2 Minimum hardware requirements for the Client without which the service cannot be provided PC with Pentium 133 MHz processor or higher internet connection Minimum software requirements for the Client without which the service cannot be provided 32 bit operating system MS Windows platform W98 SE ME NT4 0 SP6 W2000 XP Vista Internet Explorer 6 0 support of Java Sun 1 6 only for signature certificate IV Rights and Obligations of the Contracting Parties Ensuring Security 1 2 3 4 5 6 The Bank undertakes to provide to the Client and the users the appropriate access information to enable them to com municate with the Bank electronically The method of tak ing over the access information is stipulated in the Contract The Client and user install the Sberbank Online Banking system themselves according to the instructions found on the Bank s website www sberbankcz cz The technical equipment upon which Sberbank Online Banking is installed must comply with the Bank s require ments The Bank is obliged to activate electronic access to accounts within 3 three ba2. ZA SBERBANK Business Terms and Conditions for Electronic Communication with the Bank Sberbank Online Banking g Effective as of 28 February 2013 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING I Introductory Provisions These Business Terms and Conditions hereinafter referred to as the Terms and Conditions form an integral part of the Contract on Electronic Communication between the Bank and Client Sberbank Online Banking hereinafter referred to as the Contract The Contract is governed by Czech law and in par ticular the Commercial Code as amended Il Definition of Terms and Product Description 1 2 3 4 5 6 7 8 9 Sberbank Online Banking is an electronic banking service that provides the Client and Sberbank Online Banking users with electronic access to the Client s account or accounts hereinafter referred to as the Account maintained by Sberbank CZ a s hereinafter referred to as the Bank The Client is understood to be the person or entity that con cluded the Contract with the Bank i e the account holder The user is understood to be a person authorized by the Client in the Contract to access electronically the Client s accounts through Sberbank Online Banking User authentication is the verification of the user s identity upon his or her login into Sberbank Online
3. in the same foreign currency shall be made using an electronic intrabank foreign currency payment order form 4 The Bank executes currency conversions according to the exchange rate established and announced by the Bank pursuant to paragraph 1 of Article VI Exchange Rates Used by the Bank of the General Business Terms and Conditions at the time of executing an order The Bank is entitled to change the Exchange Rate List until the time of processing the payment order Such change however must be exe cuted in a neutral way Unless agreed otherwise the Bank will execute a foreign payment order or intrabank foreign currency payment order using the transfer buy transfer sell rate valid at the time of processing the payment order The exchange rates used by the Bank are available to the Client at all the Bank s branches as well as on the Bank s website www sberbankcz cz and from the Sberbank Online Banking application Page 04 of 06 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING VII Limits 1 An active user who uses a signature certificate for authori zation is entitled to transfer to the Bank through Sberbank Online Banking payment orders for outgoing payment transactions only up to the daily limit agreed in the Con tract In the case of active users with a signature certifi cate created before the effectiveness of these Terms and Conditions who have no limit agreed in
4. receive in a security envelope is valid for 3 months from the day of the user activation If the password is used for the first time after the aforementioned time limit Sber bank Online Banking is automatically blocked for rea sons of security The password to Sberbank Online Banking must be changed by the passive user after the first login within 3 months from the date of user activation and at least once a year thereafter The password created by the user is valid for 365 days after which begins a3 month period in which it is necessary to change the password otherwise Sberbank Online Banking will be blocked for security reasons The user will subsequently be pro vided with new access data upon the Client s request The fee for creating new access data is stipulated by the valid List of Fees 13 Authorization by means of the token Another type of security is a combination of the access data handed over to the user by the Bank in a security envelope and working with a token according to the User Manual The user shall receive the token in person from the Bank and a fee accord ing to the valid List of Fees will be charged for its issuance a b c d e f The token is a generator of one time authorization keys so called token codes The token serves for authenticating a user in the appli cation authorizing active operations listed in para 10 of this Article of the Terms and Conditions and moni toring p
5. the Contract the aforementioned provision on the limit is effective from 1 April 2010 from which time these users will be entitled to transfer to the Bank on a daily basis payment orders for outgoing payment transactions only up to CZK 20 000 per day 2 An active user who uses a token for authorization is enti tled to transfer to the Bank through Sberbank Online Bank ing payment orders for outgoing payment transactions without any limit unless agreed otherwise in the Contract 3 The limit for outgoing payment transactions applies cu mulatively to all accounts available to the user in Sberbank Online Banking and to outgoing transactions made within the period for which the limit is set The limit does not ap ply to outgoing transactions presented through Sberbank Online Banking between accounts maintained at the Bank within a single user access to these accounts and on the basis of standing orders The limit is established for all ac counts cumulatively The user access is defined by the login name to Sberbank Online Banking 4 The limit is stated in the Contract in the domestic currency CZK If the Client has accounts of different currencies accessible in Sberbank Online Banking the transactions from these accounts are for the purposes of the limit cal culation converted using the current exchange rate ac cording to the Bank s Exchange Rate List VIII Prices for Services 1 Forservices provided by the Bank the Clien
6. Banking It is secured by the so called access data or by a combination of the access data PIN and token code Authorization is the confirmation of operations listed in para 10 of this Article of the Terms and Conditions by a particular authorized Sberbank Online Banking user Operations are confirmed by means of a signature certif icate or token and the selected method of authorizing active operations is stated in the Contract The Client may ask the Bank to change the method of authorization by amending the Contract Both methods of authentication as well as authorization of active operations are encrypted with the Bank s server certificate More detailed terms and conditions of both methods of authorization are stipulated below in paragraphs 12 and 13 of this Article of the Terms and Conditions An active user is understood to be a user authorized in the Contract to monitor the Client s account balance and to carry out the active operations stated below in para 10 of this Article of the Terms and Conditions A passive user is understood to be a user authorized in the Contract to monitor the Client s account balance and to carry out the operations stated below in para 11 of this Article of the Terms and Conditions It is the Client s fundamental obligation to abide by the Contract and these Terms and Conditions and to ensure that the users will fulfil their obligations set forth in the Contract and these Terms and Conditions and foll
7. The access data is issued in security envelopes a b The signature certificate is a1 024 bit digital certificate which is protected by a password To access Sberbank Online Banking an active user who will use the signature certificate shall use the login name and password that are received in security enve lopes from the Bank The user cannot himself or herself change the login name in the Sberbank Online Banking application Only the Bank is entitled to change the login name on the basis of an authorized request from an Sberbank Online Banking user or a written request signed by the user The user creates a signature certificate which will be protected by its own password based on the access data for the signature certificate Using the signature certificate the user can carry out the active operations listed in para 10 of this Article of the Terms and Con ditions The signature certificate is valid for 365 days Thirty days before its expiration the user is asked in the Sberbank Online Banking application to renew it Neither the password to the created signature certifi cate nor the certificate itself can be changed The user can create anew certificate with a new password in the section Certificates on the basis of a valid certificate The password to Sberbank Online Banking which is generated by the Bank and which the user shall receive in a security envelope is valid for 3 months from the day of activating t
8. access especially given suspicion of its unauthorized or fraudulent use The Bank shall inform the Client of the blocking and the reasons for doing so this does not apply however if pro Page 03 of 06 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING viding this information could impede the purpose of the blocking or would contradict other legal regulations before blocking the electronic access or if that is not possible im mediately thereafter The notification will be carried out by telephone The Bank shall unblock the electronic access as soon as the reasons for blocking subside The Client may request unblocking in writing at any branch of the Bank 13 On the day of blocking the electronic access to the accounts the Bank will verify all electronic transactions that have not been processed and those that are unauthorized will not be processed The Bank will verify with the Client whether a payment order was actually authorized In the event that the Bank does not manage to verify this fact with the Cli ent the Bank will not carry out these transactions until the Client enables it to verify the transactions 14 For security reasons or due to system maintenance the Bank is entitled in urgent cases to interrupt the user s ac cess to Sberbank Online Banking without prior notice or to suspend the provision of certain or all Sberbank Online Banking services The Bank is obli
9. assive operations listed in para 11 of this Arti cle of the Terms and Conditions Entering the login name PIN except for the first login which is carried out by entering the login name and the token code and the token code serves for user authen tication The user cannot himself or herself change the login name in the Sberbank Online Banking applica tion Only the Bank is entitled to change the login name on the basis of a previous authorized request of the Sberbank Online Banking user or a written request signed by the user The procedure for the first and each subsequent login of an active or passive user by means of a token is described in the User Manual on the Bank s website www sberbankcz cz The token is the property of the Bank The token is handed over to each user in person at a branch of the Bank The user does not become the owner of the to ken upon accepting it The user is entitled to replacement of the token after its expiry date or at the earliest 30 days before its ex Page 02 of 06 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING piration pursuant to the valid List of Fees or if the device does not work properly free of charge The Client and user are guaranteed use of the token until the end of its service life The Bank settles any claim of the Client in accordance with its Claims Code 14 Other procedures i e renewal and creation of a new sig
10. e obliged in particular to use Sberbank Online Banking solely for electronic communication with the Bank and in accordance with the instructions described in the User Manual and to observe the rules listed in the Commandments of Security section therein In case of loss or theft of the PIN passwords the token or other access data or if there is a reasonable concern that a third party may have learned of access data that could al low it to misuse the Client s account or if any other concerns regarding misuse of the account will arise the contracting parties will notify one another about such situation with out delay The Client or on his or her behalf the Sberbank Online Banking user is obliged to report the aforementioned fact immediately to the Bank in one of the following man ners a by telephone at the Infoline tel 800 133 144 ext 6 Monday Thursday 8 am 6 pm Friday 8 am 4 pm or b in writing at any time to the email address online banking sberbankcz cz or c during the Call Centre s hours of operation at the Info line 800 133 444 or d in person at any of the Bank s points of sale Immediately after making the report in accordance with the preceding provisions of this paragraph the Client is obliged to confirm the notification by submitting a written Request for Blocking Electronic Access 12 The Bank may also block the electronic access on its own initiative for reasons of security of the electronic
11. ers accepting electronic documents by means of the Electronic Archive in particular an electronic account statement and information about payment orders not executed by the Bank under the condition that the Client has so agreed with the Bank in the contract for the relevant current account The Client and on his or her behalf the passive Sberbank Online Banking users are entitled to carry out the following operations with the Bank using electronic communication by means of Sberbank Online Banking Page 01 of 06 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING a b c d working with summaries of executed payment trans actions and obtaining information on the account bal ance receiving lists of exchange rates and interest rates established by the Bank working with the register of partners for domestic and foreign payment orders accepting electronic documents by means of the Elec tronic Archive in particular an electronic account statement and information about payment orders not executed by the Bank under the condition that the Client has so agreed with the Bank in the contract for the relevant current account 12 Authorization by means of a signature certificate The security of operations in Sberbank Online Banking is en sured by the access data that the user shall receive from the Bank and the passwords that the user chooses in the application
12. ged to inform the Client of such circumstance without undue delay 15 The Client bears any loss from unauthorized payment transactions up to a total amount of EUR 150 one hundred fifty if such loss was caused by the use of lost or stolen access data in a case that the Client did not ensure its protection in the agreed manner 16 The Client fully bears any loss from unauthorized payment transactions if such loss occurred in association with the Client s fraudulent activity or because he or she inten tionally or from gross negligence breached any of the obli gations stipulated in Section 101 of Act No 284 2009 Sb on Payment Systems as subsequently amended 17 With the exception of when the Client acts fraudulently he or she bears no loss from unauthorized payment transac tions if the loss occurred after the Client had notified the Bank of a loss theft misuse or unauthorized use of access data or if the Bank did not ensure that the Client had at his or her disposal adequate means enabling him or her at any time to report its loss theft misuse or unauthorized use V Processing Terms and Conditions 1 The Client and active Sberbank Online Banking user may submit a payment order to the Bank pursuant to Article II of the Terms and Conditions no earlier than 90 days before the payment date Standing orders must be submitted at the latest 2 two banking business days before the first payment date 2 Unless the Client o
13. he user s access in the Bank s server hereinafter just user activation If the password is used for the first time after the aforementioned time limit Sberbank Online Banking is automatically blocked for reasons of security The password to Sberbank Online Banking must be changed by the active user after the first login within 3 months from the date of user activation and at least once per year thereafter The password created by the user is valid for 365 days after which begins a3 month period in which it is necessary to change the password otherwise Sberbank Online Banking will be blocked for security reasons The user will be provided with new access data upon the Client s request The fee for creating new access data is stipulated by the valid List of Fees Effective as of 28 February 2013 c A passive user does not create the signature certifi cate Such user can use Sberbank Online Banking for the passive operations listed in para 11 of this Article of the Terms and Conditions To access Sberbank Online Banking the passive user shall use the login name and password that are received in security envelopes from the Bank The user cannot himself or herself change the login name in the Sberbank Online Banking application Only the Bank is entitled to change the login name on the basis of a written request signed by the user The password to Sberbank Online Banking which is generated by the Bank and which the user shall
14. ng a SIPO noncash payment creating and sending to the Bank requests for estab lishing changing cancelling an authorized debit in CZK up to a limit that is not limited in time and relates in dividually for each individual request for executing a debit creating and sending to the Bank requests for estab lishing a one time term deposit creating and sending to the Bank requests for estab lishing changing cancelling a revolving term deposit creating and sending to the Bank requests for changing a payment card s settings i e settings related to the card s limit resending the PIN request for payment card renewal creating and sending to the Bank requests for changing contact information communicating with the Bank through electronic mail messages in the application i e general requests here inafter just mail messages creating templates for domestic collection and foreign payment orders establishing notification messages in the application i e sending information about the account or available balance at a certain time in the form of an SMS mes sage to the provided telephone number or in the form of an email message to the provided email address working with summaries of executed payment trans actions and obtaining information on the account balance receiving lists of exchange rates and interest rates established by the Bank working with the register of partners for domestic and foreign payment ord
15. nking business days from the day of con cluding the Contract Other terms for processing changes are listed in the Contract In the case of using Sberbank Online Banking for active operations by means of the signature certificate the Bank shall issue to the user in person or by post two security envelopes with the data necessary for accessing the Sber bank Online Banking system In the case of using Sberbank Online Banking by means of the token the Bank shall issue the token to the user in person and a security envelope with the data necessary for accessing the Sberbank Online Banking system in per son or by post The user is obliged to use the token solely for authentication in Sberbank Online Banking and for au thorization of the active operations under Article Il para 10 of the Terms and Conditions The token is powered by a bat tery which is constructed for the full service life of the token Neither the Client nor the user is entitled to attempt to change the battery or otherwise repair it In case of any problems with the token the Client and user shall contact an employee of the Bank and ask for replacement of the token The Client is liable for any damage incurred by the Effective as of 28 February 2013 7 8 9 Bank due to unauthorized manipulation with the token The Client and user are obliged to return the token to the Bank upon the Contract s termination When taking over the security envelopes the Clie
16. nt user is obliged to make sure that they are not damaged In case that the envelopes are physically damaged the Client user is obliged to report this fact immediately to a person representing the Bank If the security envelopes were sent by post he or she must ask for a receipt of damaged deliv ery from the post office and present this document to the Bank The Bank is then obliged to block access to Sberbank Online Banking without delay after receiving the infor mation pursuant to para 11 of this Article of the Terms and Conditions and subsequently to examine whether there occurred an unauthorized use of funds or disclosure of in formation accessible in the application All access data of the Sberbank Online Banking users con tained in the security envelopes are strictly confidential The users are obliged to make sure that the data are not disclosed to any third party The Sberbank Online Banking user Shall not disclose his or her PIN set in the Sberbank Online Banking application to any third party or enable access to such PIN to any third party Moreover he or she shall not hand over the token disclose a token code or enable access to a token code to any third party The Bank will not provide any user s access data to any person other than the respective Sberbank Online Banking user 10 The Client and users are obliged to devote particular care 11 when using the Sberbank Online Banking system The Cli ent and users ar
17. ntil the time that it is received pursuant to the General Business Terms and Con ditions In agreement with the Bank the Client may retract a payment order with the exception of an authorized debit even after its receipt by the Bank but solely on the condition that the payment has not yet been sent from the Bank or in the case of a transfer within the Bank it has not yet been executed A request for retracting a payment order must be made in the form of a mail message in the Sberbank Online Banking application or a written request submitted to the Bank s branch and only an active Sberbank Online Banking user may do so VI Execution of Domestic and Foreign Payment Orders Domestic payment orders 1 If the Client and user require certain domestic payments to be processed urgently the Urgent checkbox must be ticked in the payment order Foreign payment orders 1 If the Client and user require certain foreign payments to be processed urgently the Urgent Priority payment checkbox must be ticked in the payment order 2 Incase of arequest for carrying out a payment by cheque the Information for the bank field shall include TRANSAC TION BY CHEQUE The Bank shall debit all fees to the Cli ent s account the final recipient shall receive the whole amount by cheque 3 Payment orders for transfers between accounts within the Bank in different currencies and for transfers between accounts within the Bank
18. ow the instructions on the Bank s website www sberbankcz cz in the Sberbank Online Banking application and User Manual section The user s authorization to access the Client s accounts through Sberbank Online Banking terminates at latest on the banking business day following the Bank s receiving a written cancellation of the user s power of attorney made by the Client or a written notice of cancellation of the power of attorney made by the user 10 The Client and on his or her behalf the active Sberbank Online Banking users are entitled to carry out the following operations with the Bank using electronic communication by means of Sberbank Online Banking Effective as of 28 February 2013 11 a b c d e f 9 h m n p q r creating and sending to the Bank single and multiple domestic payment orders also stating a future pay ment date creating and sending to the Bank urgent domestic payment orders with a current payment date creating and sending to the Bank domestic collection orders creating and sending to the Bank foreign payment or ders also stating a future payment date creating and sending to the Bank intrabank foreign currency payment orders also stating a future pay ment date creating and sending to the Bank requests for estab lishing changing cancelling a standing order in CZK creating and sending to the Bank requests for estab lishing changing cancelli
19. r the user specifies a later payment date the Bank will process payment orders on the day of a pay ment order s submission assuming it is submitted to the Bank within the agreed times the so called cut off times which are stated in the General Business Terms and Condi tions The Bank will process payment orders that it receives after the aforementioned time limits on the following banking business day unless the Client and user specify a later payment date 3 Applications pursuant to Article Il para 10 letters f through of the Terms and Conditions received by the Bank after 5 00 p m on a banking business day will be pro cessed by the Bank on the following banking business day Effective as of 28 February 2013 4 The Bank is not liable for the accuracy of data contained in payment and other orders and applications pursuant to Article II of the Terms and Conditions 5 The Bank credits and debits the funds to and from the Cli ent s accounts during the banking business day 6 The Bank informs the Client of payment transactions exe cuted through Sberbank Online Banking in a summary of executed payment transactions which is available to the Client and users through Sberbank Online Banking i e from the Bank s communication server on the banking business day following the day of the Bank s execution of the payment transaction 7 Any order submitted electronically through Sberbank Online Banking can be retracted u
20. s at all the Bank s points of sale and on its website at the latest 2 two months prior to the date when any change should become effective Within the same time period the Bank provides informa tion about the changes by stating them in the account statement It is regarded that the Client has accepted a proposed change if a the Bank proposed the change at the latest 2 two months prior to the date when it should become ef fective b the Client did not refuse the proposal in writing at latest on the banking business day prior to the proposed ef fectiveness of the changes c the Bank informed the Client in the proposal of the consequences of non refusal and d the Bank provided information in the proposal of the possibility to withdraw from the Contract according to the following paragraph of this Article of the Terms and Conditions In case that the Client refused the proposal of the change according to this Article he or she has the right to with draw by notice from the Contract prior to the day when its change should become effective without charge and with immediate effect The notice of termination must be made in writing and delivered to the Bank prior to the date when the change should become effective If the Client refused pursuant to paragraph 3 of this Article of the Terms and Conditions to accept the proposed change in the Contract then the Bank is entitled to withdraw from the relevant Contract with immedia
21. t are found and is to do so immediately after their finding but at latest within 13 thirteen months after the funds have been debited from the account The Bank will verify the claims filed by the Client or Sberbank Online Banking user within the established time limit Other terms and condi tions are presented in the Bank s Claims Code which is available in the business premises at all the Bank s points of sale as well as on the Bank s website www sberbankcz cz Ifa complaint regarding an erroneous transaction filed in accordance with these Terms and Conditions is unsuc cessful and the Client is not satisfied with its resolution he or she shall be entitled to seek redress from the financial arbiter that resolves disputes between issuers and holders in relation to issuing and using electronic payment instru ments pursuant to Act No 229 2002 Sb on the Financial Arbiter The motion for proceedings before the financial arbiter should be sent to Washingtonova 25 Prague Postal Code 110 00 X Changes in the Contract Terms and Conditions 1 2 3 4 The Bank is entitled to propose to the Client a change in the Contract including the Terms and Conditions and User Manual and particularly in connection with changes in legal regulations and changes in the current situation in finan cial markets or in the banking services market The Bank shall notify the Client of proposed changes by posting them in the business premise
22. t will be charged fees established in the valid List of Fees Unless agreed otherwise fees are debited to the account specified by the Client The Bank is nevertheless entitled to debit the fees to any other account maintained for the Client 2 Fees are understood to include in particular a one time fee for issuing the token a regular fee for using the Sber bank Online Banking service and a fee for reissuing access data A fee for executing a domestic payment a foreign pay ment or an intrabank payment as well as an extra charge for an urgent payment a fee for retracting a payment order and other additional charges relating to payment are pref erentially debited to the account from which the payment was made 3 The List of Fees is available in the business premises at all the Bank s points of sale as well as on the Bank s website www sberbankcz cz In concluding the Contract the Client confirms that he or she has familiarized himself or herself with its content IX Claims Settlement 1 The Client or on his or her behalf an active Sberbank On line Banking user is obliged without undue delay to check whether the payment transactions stated on an account statement were authorized and charged correctly Should Effective as of 28 February 2013 2 the Client find discrepancies in the charging of payment transactions he or she is entitled in a verifiable manner to file a claim with the Bank regarding the errors tha
23. te effect Page 05 of 06 BUSINESS TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATION WITH THE BANK SBERBANK ONLINE BANKING XI Final Provisions 1 Should any of the provisions of these Terms and Conditions contradict a provision of the General Business Terms and Conditions the respective provision of these Terms and Conditions shall prevail 2 These Terms and Conditions become effective from 28 Feb ruary 2013 and replace the Business Terms and Conditions for Electronic Communication with the Bank Internet banking from 5 February 2010 Effective as of 28 February 2013 Page 06 of 06
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