Terms and Conditions
 
ACKNOWLEDGEMENT
The Customer acknowledges that he has read, reviewed and understood these Terms. The Customer unconditionally agrees to abide by the Terms and all the applicable laws including FEMA, rules and regulations of the RBI or any other regulatory authority, as may be amended from time to time. The Customer also acknowledges that the Account or Services that are offered to the Customer are not assignable/ transferable to any third party under any circumstances and shall be used only by the Customer.

ACCURACY OF PERSONAL INFORMATION
The Customer is responsible for the correctness of information supplied to the Bank from time to time. If the Customer has reason to believe that there is an error in the information furnished to the Bank he shall immediately advise the Bank in writing. The Bank shall not be liable for any consequences arising out of erroneous or misleading, incorrect, untimely or incomplete information furnished by the Customer.

CORRESPONDENT BANK RELATIONSHIPS
Bank may use the service of Correspondent Banks to provide certain Services or facilities. Bank will take due care to protect the interest of the Customer, but the Bank will not be responsible if there are any losses/liabilities which arise as a result of any act or omission of the Correspondent Bank and/or any delay in realization of cheques deposited.

DISCLOSURE OF INFORMATION
Customer hereby irrevocably agrees to and consents that the Bank may disclose at any time and share with or in any manner make available to any agencies, bureaus, affiliate companies, firms, associations, corporate bodies and other persons including any outside agencies any information of the Customer as may be required in strict confidence.

Customer further agrees that the Bank may hold and process his personal information on computer or otherwise in connection with any Service for statistical analysis and credit scoring. The Customer also agrees that the Bank may disclose in strict confidence to other institutions such personal information may be necessary for reasons inclusive but not limited to (i) participation in any telecommunication or electronic clearing network (ii) in compliance with a legal or regulatory directive/instruction (iii) for credit rating by a credit rating agency (iv) for fraud prevention purposes.

REPRESENTATION AND WARRANTIES OF THE CUSTOMER
Customer represents and warrants that (i) he has the authority and/or he is lawfully entitled to accept the Terms and that he is not under any disability, restriction or prohibition which shall prevent him from performing or adhering to any of his obligations under the Terms; (ii) the execution of the Terms or any part therein is not, directly or indirectly, in conflict with any other agreement or document that the Customer has executed or entered into; (iii) there are no liabilities against, relating to or affecting the Customer, which individually or in aggregate, are material to the business of the Bank; (iv) the personal information provided by the Customer to the Bank at the time of registration is true and accurate and any other information provided thereafter shall be true and accurate; (v) there are no legal proceedings, or injunctive or stay orders pending against or likely to arise against the Customer that may violate the Terms or materially affect the Customer’s fulfillment of these Terms.

LIMITATION OF BANK'S LIABILITY
The Bank shall take all care to provide secure and error free services to its Customers on best effort basis. The Bank shall not be liable or responsible for any damages, loss, harm, expense, liability and the like arising to the Customer or any third party for any reasons whatsoever whether attributable to the Bank or not.

Without prejudice to the above, the Bank shall not be liable to the Customer or any third party for any loss or damage suffered due to the following reasons: Any action carried on by the Bank in good faith, based upon the instructions of the Customer, by exercising due diligence, or taking reasonable care; Any unauthorised and illegal transactions occurring through the use of Account(s) and/or Service(s), which can be attributed to the fraudulent or negligent conduct of the Customer and/or any third party; Intrusion or hacking into the computer systems/network or communication network of the Bank; Failure to carry out any instructions of the Customer due to insufficiency of balance in the Customer’s Account(s); Failure of the Customer to access the Bank Account or avail of any Services due to any Force Majeure Event or any Technical Snags or any other reason beyond the control of the Bank; Failure of the Customer to inform the Bank when the Customer’s Bank Account is being illegally used or Services illegally availed of by third parties; Failure of the Customer to keep confidential and secure, any Passwords, or other identification marks or any Card or token given to the Customers for operating the Accounts or availing of any Services; Failure to provide or provision of inaccurate, incorrect information by the Customer whether personal or in respect of any Account or Service; Any stop payment instructions or such instruction of the Customer being/not being carried out or any delay thereof; Violation of any Indian law or foreign law; or Breach of any of the Terms by the Customer or any other person with/ without the Consent of the Customer.

In the event that the Bank is held liable for any loss or damage to Customer as a result of use of any Service provided by the Bank, Bank shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by Bank’s gross negligence or willful default and Bank shall not be liable for any incidental, indirect, remote, consequential, special loss or damage in this regard.

FORCE MAJEURE / TECHNICAL SNAGS
Notwithstanding anything to the contrary contained herein, nothing herein shall apply if the Bank is prevented from discharging any or all of its obligation herein or otherwise due to any cause arising out of or related to Force Majeure or Technical Snags or for any reasons beyond the reasonable control of the Bank.

INDEMNIFICATION
The Customer agrees to and shall indemnify and hold the Bank and each of the employee agents, consultants contractors, content providers or representatives of the Bank harmless against all actions, claims, liabilities, demands, proceedings, losses, damages, costs, charges and expenses including reasonable attorneys' fees and court/ adjudicating body costs whatsoever, which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of (i) breach of the Customer’s representations and warranties;(ii) improper use of the Account and/or Services by the Customer or any other person with/ without the consent of the Customer; or (iii) breach by Customer or any other person with/ without the consent of the Customer, of any of the provisions of the Terms or any other agreement with the Bank or, (iv) by reason of the Bank in good faith taking or refusing to take or omitting to take action on any instruction given by the Customer due to acts or omissions of the Customer, including but not limiting to: (a) Failure to intimate/inform the Bank when he/it suspects or knows that his/its Passwords are known to third parties or when third parties use his/its Passwords for carrying out unauthorised or illegal transactions; (b) Failure to keep confidential and secure the Passwords from third parties; (c) Failure to inform the Bank regarding any changes in his/its personal information or Account information; (d) Unauthorised or illegal access to the computer system/network and/or data of the Bank by using a Customer’s Passwords; (e) Failure to comply with the law; (f) Failure to comply with the usage guidelines issued by the Bank in respect of Accounts or Services as may be applicable at the relevant time; (g) Failure to comply with these Terms and any agreement between the Bank and the Customer.

APPLICABLE/GOVERNING LAW
These Terms, Accounts/Services and obligations of the Bank shall be governed and be subject to laws and guidelines as may be issued by RBI from time to time. The Bank accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India. The mere fact that the Account or Services can be accessed through Internet or by phone or mobile in a country other than India shall not be interpreted to imply that the laws of that country govern these Terms, and/or the operations of the Accounts of the Customer.

COMPLIANCE WITH LAW
All Customers must be either by himself or through legally authorised representative eligible and capable by law to open and operate the Account or avail of the Service, as the case may be. The Bank shall not be liable to the Customer or any third party for any loss or damage suffered due to the ineligibility or incapacity of the Customer.

All the Customers agree that they are aware of and shall comply with any law that may be applicable to any of the transactions they carry out, in India or abroad, through their Accounts or Services. The Bank shall not be responsible or liable to any third party for the Customer’s violation of any law.

ARBITRATION
Remedy of arbitration as stated hereinbelow, shall be resorted to unless the differences fall within the jurisdiction of the Debts Recovery Tribunal established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, in which case the Tribunal will have the jurisdiction over the matter.

The Customer agrees that he will, at all times, make all attempts to resolve all differences arising in respect of the Terms or any other agreement with the Bank by discussion with the Bank failing which, by arbitration, provided that the arbitration shall be by a sole arbitrator, nominated by the Bank. In the event of death, refusal, neglect, inability or incapability of a person appointed to act as an arbitrator, the Bank shall appoint another sole arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall be conducted in English. The place of arbitration shall be Mumbai, India. The Customer waives any objection to such proceedings on grounds of venue. Notwithstanding the aforesaid provisions of this Agreement, in the event of any breach or apprehended/ threatened breach of the provisions of this Agreement by the Customer, the Bank shall be entitled, in addition to all other remedies, to an injunction, restraining any such breach, without recourse to arbitration. In the event of any breach or threatened breach of the Terms or any other agreement with the Bank by the Customer’s authorised representatives/employees of the Terms or the respective agreements between them and the Customer, the Customer shall cooperate with the Bank in such manner as may be required to restrain such breach, including the pursuit of all legal remedies. Without prejudice to the foregoing, the Courts of the city in which the branch of the Bank in which the Account is/was opened is situated shall have the exclusive jurisdiction to decide any dispute in respect of the Terms. Notwithstanding the above, the Bank has the right to bring /file a claim in any other competent court or judicial forum having jurisdiction, whether in or outside India.

MAINTENANCE AND PRESERVATION OF RECORDS
Bank at its sole option and discretion shall maintain or destroy such records of transaction in respect of the Accounts or Services, as the Bank may deem fit or as mandated by law. The Customer shall not question the validity and correctness of the same. In case of conflict between the records kept by the Bank and those of the Customer, the records of the Bank shall be conclusive and binding.

RIGHT TO SET-OFF/LIEN
The Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present / future on Term Deposits held in the Customer's Accounts whether in single/joint name(s), in any of the Accounts of the Customer maintained with the Bank, and over any and all securities of the Customer lying or that may come into the possession of the Bank from time to time, for safe keeping or otherwise, to the extent of all outstanding dues, whatsoever, and howsoever arising.

The Bank has the irrevocable right to reverse any entry (debit or credit) made in the Account with reference to any transaction carried out over the Electronic Media or otherwise, where in the course of any scrutiny, verification, checking, investigation, audit or otherwise it is found or determined that the entry was incorrect/not accompanied by proper supporting documents or authorizations/did not meet any rules or regulations or specifications including but not limited to those of the Bank. The Bank shall have a lien on the Account of the Customer to recover such costs/damages/liability that the Bank may incur and shall have the right to claim and recover any shortfall from the Customer.

TAX DEDUCTION AT SOURCE (TDS)
Tax will be deducted at source, on the interest income as prescribed under the Income Tax Act, 1961 and as amended from time to time. Unless specified otherwise, the certificate for TDS may be issued by the Bank on an annual basis covering all interest accruals/payments for that year consolidated for all deposits.

The amount mentioned on the Term Deposit Advice is not adjusted for tax, withholding taxes or any deductions on account of redemption and hence no liability is placed on the Bank to the pay the amount specified on such advice. In the event the Customer does not furnish Form No.15 (H) / appropriate Income Tax exemption certificate to the Bank, wherever applicable, the Customer authorises the Bank to debit the Term Deposit Account with the TDS applicable on the interest on such deposits or Customer’s other deposits or Bank Account(s) existing and/or to be opened in future. In case of Joint Term Deposits, the incidence of TDS would be on the Joint Account Holder whose name appears first in the application form. In the event the amount of tax to be deducted is less than the amount of interest available for deduction, Bank is entitled to recover the same either from another Account of the Customer and/or from the principal of the Term Deposit itself and for that purpose the Bank is also entitled to prematurely break the same, without any liability for the loss arising out of such premature encashment.

MISCELLANEOUS
Customer agrees that the Bank may sub-contract and employ agents, consultants, contractors, content providers or representatives to carry out any of the provisions of this Agreement. The Bank shall not be responsible for any negligent or fraudulent acts of such persons or any acts done outside the scope of their authority.

Save and except as expressly provided in these Terms, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in these Terms shall constitute a waiver by the Bank of that or any other right, remedy or power. If one or more of the provisions of Terms are unenforceable against one of the Customers, this will not in any way affect the enforceability of that provision against the other Customers. The Bank may decide to waive or relax any of the provisions of the Terms, at its own discretion on a temporary basis or as a special case only and this will not affect the Bank’s right to enforce that provision strictly at any other time.

In the event that any provision of these Terms is held to be in violation of any applicable law or if for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Bank reserves to right to amend, modify or withdraw, without attracting any claim/s, any or all services if it finds them to be unviable or prone to unacceptable risks

ACCOUNT CLOSURE / SERVICES DISCONTINUED
Bank may at its absolute discretion, close any Account or terminate any of the services by giving 30(Thirty) days notice to the Customer with / without assigning any reason. Notwithstanding the above, the Customer acknowledges and agrees that Bank may at any time without notice as the circumstances in the Banks’ absolute discretion may require, discontinue /modify/cancel/terminate the services, if the Bank is of the opinion that continuation of services is prejudicial to Bank’s interests. Bank shall not be made liable for any consequences arising out of such closure of Account or termination of Services.

Bank may its discretion, and without prejudice to the above and in addition thereto close the Account of a person having a Current, Saving or Overdraft Account if such person's cheques valuing Rupees One Crore and above have been dishonoured on four or more occasions in a financial year for want of sufficient funds in that Account. Bank will however issue a notice to such person whose account it may close, after dishonour of the third cheque

Customer may close his Account or discontinue availing of any Service at any time. Bank shall be entitled to refuse the closing of the Account till such time that all Charges payable by the Customer to the Bank have been paid in full. The Bank may notify the Customer the date on which his Account would be closed and the Service would be discontinued. Upon closure of any Account, the Services associated with such an Account would be automatically terminated.

At the time of closing of the Account the Customer shall return to the Bank and/or confirm destruction of all unused cheque leaves / Card / Demat instruction slip, as applicable, to the Bank.

Without prejudice to the Bank's right to claim from any of the Customer's funds/ assets/ Account(s) in the Bank's possession or care, the Customer hereby unconditionally, irrevocably and without demur agrees and undertakes to immediately pay the Bank, in such manner as specified, upon the Bank's written demand and without cavil or argument any sum or sums so claimed without needing to prove or to show grounds or reasons for the Bank's demand for the sum specified therein.

The Bank may at its sole discretion levy a Charge on the Customer if the Account is closed by the Customer within a period of 6 months from the date of the opening of Account.

The Customer shall indemnify and keep the Bank indemnified against any loss or damage that the Bank may suffer on account of dishonour of cheque after the closure of the Account.

JOINT ACCOUNTS
All holders of Joint Accounts shall be jointly and severally bound by all actions, omissions and transactions arising from the use of the Joint Account, irrespective of Operating Mandate.

Communications, including but not restricted to Account Statements, in respect of Joint Accounts shall be sent to the Mailing Address of the first mentioned Account holder. In such a case, all such communications shall be deemed to have been received by all the holders of the Joint Account.

Bank shall, at all times, have the right to set-off the whole amount lying to the credit of any Joint Account of the Customer against outstanding of any of the holders of such Account. If any holder forbids payment from the Account, no amount shall be paid from the Account except on discharge from all holders/survivor(s).

Joint Term Deposit Accounts can only be operated jointly by all the holders of such Account. It is clarified that operating an Account shall mean and include without limitation, (a) premature breakage’s (partial or whole) (b) change of the maturity instructions from auto renewal to single maturity and vice versa (c) premature renewals (d) change of interest disposition instruction from credit to an Account to reinvestment and vice versa (e) change in principal disposition instruction from credit to an Account to pay by Cheque and vice versa. In the event the Account holders have given an Operating Mandate, the Bank at its sole discretion may permit all or any of the above transactions based on the Operating Mandate by any of the Account holder. In case the transaction is processed based on a single signature, the same shall be binding on all the Joint Account holders..

NON-INDIVIDUAL ACCOUNTS
Accounts held by non-individuals entities shall be operated as per the laws applicable to them and by the Authorised Signatory as per the Operating Mandate or as may be required by the Bank.

FOREIGN CURRENCY/ NON-RESIDENT ACCOUNTS
Foreign Currency denominated Account(s) of residents/ non-residents and rupee denominated Account(s) of Non-residents shall be governed by regulations of RBI/GOI and these regulations shall prevail in case of any conflict with the Terms.

NON-RESIDENT INDIANS (NRI)
The NRI Customer undertakes that he shall (i) intimate about his return to India for permanent residence; (ii) abide by the NRE/NRO or any other applicable scheme laid by the RBI from time to time (iii) ensure, in case of debits to NRO/NRE Accounts for the purpose of investments in India and credits representing sale proceeds of investments, such investments/disinvestments would be covered by the general or specific permission of the RBI.

The NRI Customer hereby agrees to indemnify the Bank against any losses, claims, costs, charges and expenses arising from or suffered by the Bank by reason of non-compliance by him of the applicable laws.

SALARY ACCOUNT
The Customer acknowledges and agrees that in respect of his Salary Account, at the sole discretion of the Bank (i) he may be entitled to certain facilities only during currency of his employment with the Employer (ii) any of the said facilities in respect of the Salary Account may be discontinued, completely or partially, (iii) the Salary Account may be closed if no amounts are credited by the Employer for a specified period and/or on the instructions of the Employer to and/or if the Customer ceases to be in the service of the Employer for any reason whatsoever. The Customer hereby irrevocably and unconditionally authorizes the Bank to on the request of the Employer recover by debiting/ reversal of credit, any excess amount credited by and/or on the instructions of the Employer into his Account, without any reference to or recourse to him. The Bank shall not be held responsible or liable for any of the acts mentioned hereinabove.

TERM DEPOSITS (TD)
The minimum amount and term for with which the TD can be opened by the Bank, and the interest thereon, shall be as, notified by the Bank from time to time.

The effective date of TD shall be the date on which the Customer/ depositor deposits the cash with the Bank or the date on which the cheque deposited with the Bank is realized or the fund transfer is effected on Net Banking, as the case may be.

Customer agrees that on maturity of the Term Deposit, in the absence of written instructions on disposal of funds, the Bank has the right at its discretion to renew the deposit along with accrued interest thereon on the same terms as that of the matured TD at the prevailing interest rates. If the TD is issued in name of more than one Customer, the renewal instructions should be given by at least one of the Customers.

The terms of the TD may be modified or revised only if Customer applies to the Bank by a written request signed by him; or in case of Joint TD - if a written application signed by all Joint Account Holders is filed with the Bank. However, the Bank shall have the sole discretion whether to modify or change such terms.

Premature breakage of TD would be permitted at the sole discretion of the Bank and upon such Charges/penalty as may be prescribed by the Bank from time to time. Customer agrees that if the Bank permits him to make a premature breakage of Term Deposit the recovery of interest already paid may be recovered from the proceeds of the TD. Signature of all the Joint Account holders is necessary for such premature breakage, irrespective of the Operating Mandate.

Interest on TD will be compounded at quarterly rests in case of reinvestment deposits subject to keeping the deposits with the Bank for a minimum tenor of six (6) months. Interest on TD can be paid for a period of less than a quarter at the discounted interest rates as per RBI directives.
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