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Terms and Conditions for Dhanlaxmi Bank Corporate Internet Banking

1. Definitions
In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise:

  • Bank refers to Dhanlaxmi Bank Ltd., a banking company incorporated in India under the Companies Act, 1956 and having its registered office at Naikkanal, Thrissur, Kerala State PIN Code- 680 001, and having branches and offices ate various places in India  . The term includes the successors and assigns of the Dhanlaxmi Bank Limited.
  • Corporate Internet Banking is the trade name of Dhanlaxmi Bank Ltd. Internet Banking Service. The words CORPORATE INTERNET BANKING and INTERNET BANKING SERVICE are used interchangeably in this document. CORPORATE INTERNET BANKING SERVICE or INTERNET BANKING SERVICES or INTERNET BANKING refers to Dhanlaxmi Bank Ltd.'s Internet services through which access is provided to account information, products and other services as advised by Dhanlaxmi Bank Ltd. from time to time from Dhanlaxmi Bank Ltd’s customers through the internet.

 

  • CLIENT refers to a corporate customer of Dhanlaxmi Bank Ltd. availing Corporate INTERNET BANKING service. In the case of CLIENT being a Company, the Board of Directors or duly authorized representatives of the Company and in the case of a CLIENT being other entities, the person or persons having substantial power of management and control over such entity and who is duly authorized to have access to INTERNET BANKING . The authorization, Board Resolution, Power of Attorney or Mandate, as the case may be, will be registered with Dhanlaxmi Bank Ltd.
  • USER refers to a person authorised by the CLIENT who would be actually operating the service as agent of the CLIENT. Any communication addressed to the USER by Dhanlaxmi Bank Ltd. is deemed to have been addressed to the CLIENT as well. Similarly, any communication from the user to the bank. Access, transaction, authorization etc..carried out by the  USER through CORPORATE INTERNET BANKING will be legally binding on the CLIENT.

 

  • ACCOUNT refers to the CLIENT’S Current Account and/or any other type of account so designed by Dhanlaxmi Bank from time to time to be eligible account(s) for operations through the use of CORPORATE INTERNET BANKING. The account(s) for which the INTERNET BANKING SERVICE is availed should be  the name of the CLIENT.
  • CLIENT INFORMATION refers to the information about the CLIENT obtained in connection with the INTERNET BANKING SERVICE.

 

  • TERMS refer to the conditions for use of CORPORATE INTERNET BANKING as specified in this document.
  • Authoriser (Checker) is the person duly authorized by the Client to verify/authorize the transaction/request keyed in by the User.

 

  • USER Id and PASSWORD refers to the corporate internet banking user id and password allotted by the bank to the user.

2. Applicability of TERMS
These TERMS form the contract between the CLIENT using the INTERNET SERVICE and Dhanlaxmi Bank Ltd. By applying for CORPORATE INTERNET BANKING and accessing the service the CLIENT acknowledge and accepts the  TERMS contained herein. These terms will be in addition to  the terms and conditions relating to any account of the CLIENT with the bank.

3. Application for CORPORATE INTERNET BANK
Dhanlaxmi Bank Ltd. may offer CORPORATE INTERNET BANKING to selected customer at its sole discretion. The customer would need to be an internet user or should have  access to the internet and should possess knowledge of how the internet works. Dhanlaxmi Bank Ltd. will advise from time to time internet software such as Browser, which are required for using CORPORATE INTERNET BANKING.  Bank assumes no responsibility to support all the versions of this internet software.

4. CORPORATE INTERNET BANKING SERVICE
Dhanlaxmi Bank Ltd. shall endeavour to provide to the CLIENT through CORPORATE INTERNET BANKING. Services such as enquiry about the balance in the CLIENT's ACCOUNT (S), type of assistance to the CLIENT, details about transactions, statement of Account, Request for transfer of funds and such other facilities as Dhanlaxmi Bank Ltd. may decide to provide from time to time. These facilities shall be offered in a phased manner at the discretion of Dhanlaxmi Bank Ltd.

Dhanlaxmi Bank Ltd. may also make modifications/additions/deletions to the services offered through CORPORATE INTERNET BANKING at its sole discretion. The availability / no availability of a particular service shall be advised through email, website of Dhanlaxmi Bank Ltd. or written communication.

The information provided to the CLIENT through the INTERNET BANKING SERVICE is not updated continuously but at regular intervals. Consequently, any information supplied to the CLIENT through INTERNET BANKING SERVICES will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the CLIENT. Dhanlaxmi Bank Ltd. shall not be liable for any loss, damage of reputation that the CLIENT may suffer by replying on or acting on such information.

As part of the INTERNET BANKING SERVICES, and subject to the confidentiality obligation of the bank, the bank may provide the CLIENT access to data / information/ report complied / provided by a third party. Dhanlaxmi Bank Ltd. does not give any representation or warranty as to the accuracy / veracity of such data / information / reports. Further, the CLIENT shall not disseminate, publish or circulate such data / information / report or any part thereof without the prior written consent of Dhanlaxmi Bank Ltd. .

Dhanlaxmi Bank Ltd. may keep its records of the transactions in any form as it deems fit and proper. In any dispute. Dhanlaxmi Bank Ltd’s records shall be binding as the conclusive and best evidence of the transactions carried out through CORPORATE INTERNET BANKING unless otherwise proved that Dhanlaxmi Bank Ltd’s records are erroneous or incomplete.

Any request for any service, which is offered as a part of CORPORATE INTERNET BANKING, shall be binding on the CLIENT as and when Dhanlaxmi Bank Ltd. receives such a request. In the case of any request for a service relating to any foreign currency transaction made by the CLIENT, the exchange rate ie.. at which the transaction is given effect to would be the effective rate for all intents and purposes.

Dhanlaxmi Bank Ltd. shall take all reasonable care to ensure the security of and to prevent unauthorized access to the CORPORATE INTERNET BANKING using technology reasonably available to Dhanlaxmi Bank Ltd. The CLIENT shall ensure that CORPORATE INTERNET BANKING or any related service is not used for any purpose which is illegal, or which is not authorised in terms of this agreement or which is improper.

5. CORPORATE INTERNET BANKING Access
The USER would be allotted a CORPORATE INTERNET BANKING User-Id and secret passwords by  Dhanlaxmi Bank Ltd. in the first instance. The user will be required to change the password assigned by Dhanlaxmi Bank Ltd. on accessing CORPORATE INTERNET BANKING for the first time. As a safety measure the USER shall change the password as frequently thereafter as possible. In addition to User-Id and Password Dhanlaxmi Bank Ltd. may at its discretion, advise the USER to adopt such other means of authentication including but not limited to digital certification and / or smart cards.

The CLIENT shall ensure that the USER shall not use the facilities provided as a part of the INTERNET BANKING SERVICE to attempt to access information stored in the computers of Dhanlaxmi Bank Ltd.   The client shall ensure that the user shall not attempt to access the accounts of a third party with Dhanlaxmi Bank Ltd. of transactions between Dhanlaxmi Bank Ltd. and any third party. and such third party. Any unauthorised use by the user shall be dealt under the appropriate law. Dhanlaxmi Bank Ltd. Shall not be responsible for any third person hacking into the client’s account though Dhanlaxmi Bank Ltd  has taken all reasonable care to protect the security system.

6. (A) Password
The CLIENT must exercise due care to ensure  that the confidentiality of the CORPORATE INTERNET
BANKING password is maintained. Dhanlaxmi Bank Ltd shall not be responsible either directly or indirectly for the leakage/loss of the password and thereafter the misuse by third parties. The CLIENT understands and agrees that the password is for the purpose of verifying the authenticity of the transactions undertaken by the CLIENT and shall have the same effect as the specimen signature of authorised signatory of the CLIENT and the CLIENT shall be bound by the transactions initiated by use of password. It is the duty and sole responsibility of the client to keep the password intact. If the USER forgets the CORPORATE INTERNET BANKING User-id or password, the CLIENT can request for change or re issue of the password by sending a duly authorised written request to Dhanlaxmi Bank Ltd. The selection /change or re issue of a new password and/or the replacement of CORPORATE INTERNET BANKING User-id shall not be construed as the commencement of a new contract.

(B) Security Token
The Client will be provided with Security token by the Bank. The said Security token is mandatory and is required to be used by the Authorizers (Checkers). The said Security token will be provided for installation in the computer of the Authorised Signatory of the Client and the same should be kept safely. All the precautions as are required to be kept in handling the password shall stand applicable for Security token installed . In the event the said Security token is deleted/not traceable by the Authoriser (Checker), the Authoriser (Checker) should forthwith bring the same to the notice of the Bank and in such an event, a new Security token will be provided by the Bank. The Client undertakes all responsibility for safe keeping of Security token and is liable for any misuse of such Security token.
*Conditions apply

7. Minimum Balance and Charges
The CLIENT shall maintain, at all times, such minimum balance in ACCOUNT(S), as Dhanlaxmi Bank Ltd. may stipulate from time to time. Dhanlaxmi Bank Ltd. may, at its discretion, levy penal charges for non-maintenance of the minimum balance in addition to the minimum balance stipulation Dhanlaxmi Bank Ltd. may levy service charges for use of CORPORATE INTERNET BANKING which will be notified by Dhanlaxmi Bank Ltd. to the CLIENT from time to time. Any charges in such service charges will also be notified to the CLIENT. The CLIENT authorises Dhanlaxmi Bank Ltd. to recover all charges related to CORPORATE INTERNET BANKING as determined by Dhanlaxmi Bank Ltd. from time to time by debiting any  of the CLIENT’s ACCOUNTS with the bank. Dhanlaxmi Bank Ltd. may withdraw the INTERNET BANKING SERVICES, if at any time the amount of deposit falls short of the required minimum as aforesaid and / or if the service charges remain unpaid, without giving any further notice to the CLIENT and / or without incurring any liability or responsibility whatsoever by reason of such withdrawal.

8. Funds Transfer
The CLIENT is provided Initiator (Maker) and Authoriser (Checker) mode for Funds Transfer. The CLIENT confirms that the users will always keep confidential the log-in ids and password at all time and ensure that the passwords will not be disclosed to third party. The CLIENT shall not use or attempt to use CORPORATE INTERNET BANKING for funds transfer without sufficient funds in the relative ACCOUNT or without a pre-existing arrangement with Dhanlaxmi Bank Ltd. for the grant of an overdraft or other credit facility.

Dhanlaxmi Bank Ltd. will endeavour to effect such funds transfer transactions received through CORPORATE INTERNET BANKING provided there are sufficient funds available in the ACCOUNT, Dhanlaxmi Bank Ltd. shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of Dhanlaxmi Bank Ltd. If fund transfer is made available to the CLIENT, it may be used for transfer of funds from ACCOUNT of the CLIENT to other accounts belonging to third parties maintained at Dhanlaxmi Bank Ltd. Only such USER who has been specifically authorised by the CLIENT in this behalf shall operate the fund transfer facility. Such USER will be allowed to transfer funds using Corporate INTERNET BANKING in accordance with the mandate / resolution submitted by the CLIENT. However, Dhanlaxmi Bank Ltd. Shall from time to time  be entitled to impose limits on the amount of funds that may be transferred through use of INTERNET BANKING SERVICES..

9. Authority to Dhanlaxmi Bank Ltd.
Access to the Banking Transactions in the ACCOUNT (s) are permitted through CORPORATE INTERNET BANKING by Dhanlaxmi Bank only after due authorization of the USER by any means including CORPORATE INTERNET BANKING User Id and password. The CLIENT grants express authority to Dhanlaxmi Bank Ltd. for implementing the instructions given by the USER. Dhanlaxmi Bank Ltd. shall have no obligation to verify the authenticity of any transaction/instruction received or purported to have been received from the USER and/or the CLIENT through CORPORATE INTERNET BANKING or purporting to have been sent by the CLIENT via CORPORATE INTERNET BANKING other than by means of verification of the CORPORATE INTERNET BANKING User-id and the password. The display or printed output that is produced by the USER at the time of operation of CORPORATE INTERNET BANKING is a record of the operation of the internet access and shall not be construed as Dhanlaxmi Bank Ltd’s record of the relative transactions. Dhanlaxmi Bank Ltd’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

10. Accuracy of information
CLIENT is responsible for the correctness of information supplied to Dhanlaxmi Bank Ltd., through the use of CORPORATE INTERNET BANKING or through any other means such as electronic mail or written communication. Dhanlaxmi Bank Ltd. accepts no liability for the consequences arising out of erroneous information supplied by the CLIENT or the USER. If the CLIENT suspects that there is an error in the information supplied to Dhanlaxmi Bank Ltd., by him, he shall advise Dhanlaxmi Bank Ltd., at the earliest  possible. Dhanlaxmi Bank Ltd., will endeavour to correct the error wherever possible on a ‘best efforts’ basis. If the CLIENT notices an error in the account information supplied to him through CORPORATE INTERNET BANKING or by the use of any of the INTERNET BANKING services, he shall advise Dhanlaxmi Bank Ltd., at the earliest possible and Dhanlaxmi Bank Ltd., will endeavour to correct the error promptly.

11. Liability of the CLIENT and Dhanlaxmi Bank Ltd.
The CLIENT shall not be liable for any unauthorized transactions occurring through the use of CORPORATE INTERNET BANKING which is proved to be due  to the fraudulent or negligent conduct of the employees or agents of Dhanlaxmi Bank Ltd.. The CLIENT shall be liable for all loss from unauthorized transactions in the accounts other the losses, which is proved to be due to the fraudulent or negligent conduct of the employees or agents of Dhanlaxmi Bank Ltd. Including but not limited to:

a) Losses caused by the breach of the TERMS
b) Losses caused by/attributable to the negligent actions of the USER and /or the CLIENT such as the following:
i) The USER (s) keeping a written of electronic record of INTERNET BANKING password.
ii) Disclosing or failing to take all reasonable steps to prevent disclosure of the INTERNET BANKING User-id or password to anyone including bank staff and / or failing to advise Dhanlaxmi Bank Ltd. of such disclosure within reasonable time.
iii) Not advising Dhanlaxmi Bank Ltd. in a reasonable time about unauthorised access to or erroneous transactions in the ACCOUNTS.
c) Loss caused by any unauthorized transactions occurring through the use of CORPORATE INTERNET BANKING which can be attributed to the fraudulent or negligent conduct of the CLIENT and/or the USER or the employees of the CLIENT. Dhanlaxmi Bank Ltd. shall under no circumstances be held liable to the CLIENT if CORPORATE INTERNET BANKING access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or internet or network failure, software or hardware error or any other reason beyond the control of Dhanlaxmi Bank Ltd. Under no circumstances shall Dhanlaxmi Bank Ltd. be liable for any loss / damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the CLIENT or any other person except where the damage caused which is proved to be due to the fraudulent or negligent conduct of the employees or agents of Dhanlaxmi Bank Ltd.

12. Indemnify
The CLIENT shall hold Dhanlaxmi Bank Ltd. harmless against any loss suffered by Dhanlaxmi Bank Ltd., its customers of a third party or any claim or action brought by a third party which is in any way the result of the improper, negligent use of CORPORATE INTERNET BANKING by the CLIENT or the USER, its clients and employees. Indemnity shall survive termination of this agreement.

13. Disclosure of CLIENT INFORMATION
The CLIENT agrees that Dhanlaxmi Bank Ltd. may hold and process his INFORMATION on computer or otherwise in connection with CORPORATE INTERNET BANKING services as well as for statistical analysis and credit scoring. The CLIENT also agrees that Dhanlaxmi Bank Ltd. may disclose, in strict confidence, to other institution or governmental authorities, CIBIL/ RBI such CLIENT INFORMATION as may be reasonably necessary for reasons inclusive of but not limited to the following.
a) for participation in any telecommunication or electronic clearing network
b) in compliance with a legal directive
c) for credit rating by recognized credit scoring agencies
d) for fraud prevention purposes
e) request by any authority duly empowered under law

14. Bank’s Lien
Dhanlaxmi Bank Ltd. shall have the right of  lien and set off present as well as future on the deposits held by the client with the bank in the CLIENT’S Primary Account and / or secondary Account(s) or in any other account. whether in single name or Joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the INTERNET BANKING SERVICE extended to and / or used by the CLIENT.

15. Proprietary Rights
The CLIENT acknowledges that the software underlying the SERVICE as well as other internet related software which are required for accessing CORPORATE INTERNET BANKING are the legal property of the respective vendors. The permission given by Dhanlaxmi Bank Ltd. to access CORPORATE INTERNET BANKING will not convey any, patent copyright, licence, proprietary or ownership rights in the above software. The CLIENT shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying CORPORATE INTERNET BANKING or create any derivative product based on the software.

16. Change of Terms and Conditions
Dhanlaxmi Bank Ltd. has the absolute discretion to amend or supplement any of the TERMS at any time and will endeavour to give prior notice of fifteen days for such changes. Dhanlaxmi Bank Ltd. may introduce new services or may delete any of the INTERNET BANKING SERVICE at its absolute discretion within CORPORATE INTERNET BANKING from time to time. The existing availability of the new functions will be notified to the CLIENT as and when they become available. The changed terms and conditions applicable to the new INTERNET BANKING SERVICES shall be communicated to the CLIENT. By using these new services. the CLIENT agrees to be bound by the TERMS. Any modification in these terms and conditions notified on the web site through which CORPORATE INTERNET BANKING is made available, shall be deemed to be notified to the CLIENT.

17. Procedure for changing Users
The CLIENT can revoke the authority of an existing USER, change his USER ACCESS PROFILE/ authorise a new USER by giving a resolution / mandate in the format prescribed by Dhanlaxmi Bank Ltd. However all the terms and conditions herein shall continue to apply. In case a USER leaves the services of the CLIENT, the client shall immediately deactivate the user (in case the client has opted for super user profile) and  the CLIENT shall immediately notify Dhanlaxmi Bank Ltd. to disable the user access, giving Dhanlaxmi Bank Ltd. reasonable time to do so.

 

18. Non-Transferability
The grant of facility of CORPORATE INTERNET BANKING to a CLIENT is not transferable under
any circumstances

19. Termination of Corporate
The CLIENT may request for termination of the INTERNET BANKING SERVICES any time by giving a written notice of at least 15 days to Dhanlaxmi Bank Ltd. The CLIENT will remain responsible for any transactions made on his ACCOUNT (S) through CORPORATE INTERNET BANKING prior to the time of such cancellation of the INTERNET BANKING SERVICES.  BANK reserves the right to discontinue all or any of the INTERNET BANKING SERVICES to all or any of the CLIENTS at any time without assigning any reason and without being liable for any loss/damage/ cost of any nature whatsoever

20. Notice
Dhanlaxmi Bank Ltd., and the CLIENT may give notices under those TERMS:
a) Electronically to the mailbox of either party. Such notices will be regarded as being in writing.
b) In writing by delivering them by hand or by sending them by post to the last address given by the CLIENT and in the case of Dhanlaxmi Bank Ltd., to the above mentioned address. In addition, Dhanlaxmi Bank Ltd., may also publish notices of general nature, which are applicable to all CLIENTS of CORPORATE INTERNET BANKING on its web site/News paper. Such notices will have the same effect as a notice served individually to each CLIENT.

21. Governing Law
These terms and condition and/or the operations in the accounts of the CLIENT maintained by Dhanlaxmi Bank Ltd., and/or the use of the services provided through CORPORATE INTERNET BANKING should be governed by the laws of the Republic of India and no other nation. The CLIENT and Dhanlaxmi Bank Ltd. agree to submit to the exclusive jurisdiction of the Courts located in Thrissur, Kerala, India as regards any claims or matters arising under these terms and conditions.

Dhanlaxmi Bank Ltd., accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the CORPORATE INTERNET BANKING service can be accessed through internet by a CLIENT in a country other than India shall not be interpreted to imply that the laws of the said country govern these TERMS and/or the operations in the accounts of the CLIENT and/or the use of CORPORATE INTERNET BANKING.

22. General
The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause. The CLIENT shall not assign this agreement to anybody else. Dhanlaxmi Bank Ltd. may sub-contract and employ agents to carry out any of its obligations under this agreement. These terms and conditions contain Dhanlaxmi Bank Ltd’s entire agreement (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the CLIENT and Dhanlaxmi Bank Ltd., for CORPORATE INTERNET BANKING Services. The CLIENT acknowledges that it has not relied on any representations made by Dhanlaxmi Bank Ltd., or any of its employees or agents and has made its own independent assessment of CORPORATE INTERNET BANKING. No Third party will have any rights or claims under these terms and conditions.

23. Disclaimer
It is the understanding that the client shall make use of the facility inter alia for carrying out valid and legal transactions and shall in no way violate the provisions of law in force from time to time. The client shall be responsible for all of any such violations including any money laundering both attempted and otherwise. It is the understanding of Dhanlaxmi Bank Ltd. and the client that all the transaction embed out by the client/User are  valid transactions and shall not be disputed. the very fact that the client has done or carried out the transaction through the agent of the client will not absolve the client from liability and it shall be deemed that such transaction are carried out by the client..

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