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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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