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Gibraltar International Bank Limited is authorised and supervised by the Gibraltar Financial Services Commission

Terms and Conditions for the Gibraltar International Bank Online Banking Service

Introduction

This Section applies to you if we have agreed that you may use the Gibraltar International Bank’s online banking services, which allow you to operate your account by accessing our website.

The General Conditions in this Section explain your rights and responsibilities and those of the Gibraltar International Bank regarding the use of the online banking services.

The Gibraltar International Bank’s General Terms and Conditions will also apply, in addition to these terms and conditions a copy of which can be obtained from http://www.gibintbank.gi/

Please read these terms and conditions carefully:

1. Definitions

“GIB” means The Gibraltar International Bank Limited and its successors, heirs, assigns and/or transferees

"You / Your" means the client who holds one or more account(s) with GIB accessible through GIB’s online banking service. For joint accountholders, references in these terms and conditions to ”you” include both accountholders, jointly and severally.

"Security Details" means the Individual Password and OTP (One Time Password).

"Service" means GIB’s online banking services when accessed using the Internet.

2. Applications

GIB is entitled to deny or refuse, at its own discretion and without providing any explanation, your application for use of the Service.

3. Authorisation

By using and accepting the Service you expressly authorise GIB to accept and act on your instructions and to pay to and from your account(s) any amounts involved when you execute a transaction through the Service upon the same being authenticated by the use of your Security Details the Individual Password and OTP.

If you have a joint account, GIB will act on the instructions of any one of you but you accept that each of you are responsible for all transactions executed through the Service and for the repayment of any borrowing which arises on your account as a result of any transaction executed through the Service. You agree that where multiple signatories are required to authorise any transaction on a joint account, that any transaction executed through the Service GIB may treat the same as an instruction authorised and executed by the all of you or the requisite number of you as may be required.

GIB will deem any access to the Service through the use of valid Security Details as valid access to the Service and any instructions provided through the Service are deemed to be the instruction of person(s) authorised to use the Service and issue instructions as the case may be.

4. Security

GIB will provided you with Security Details which will allow you to access the Service and which are required in order to execute transactions from the Service. You agree to keep your Security Details secret and take all reasonable precautions to prevent them from being used fraudulently or by an unauthorised person or entity. Further, you agree that you will not disclose your Security Details to any other person or record your Security Details in any way that may result in them becoming known to another person.

Please note that GIB we will never contact you, or ask anyone to do so on our behalf, with a request to disclose your Security Details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Security Details to them in any circumstances. You should report any such requests to GIB immediately.

Where a transaction on the account is confirmed and authorised through the use of the Security Details on the Service but you are able to subsequently prove to the GIB’s reasonable satisfaction that the transaction was not authorised by you, you will not be liable for that transaction provided you have kept your Security Details secret, you have acted with reasonable care and in accordance with these terms and conditions, and you have not acted fraudulently.

If you suspect someone knows your Security Details you must contact GIB immediately in branch Inces House, 310 Main Street / telephone no 350 200 13900 / email gib.ebanking@gibintbank.gi. If you fail to do so, you will be liable for any unauthorised payments on your account confirmed by use of the Security Details.

You will be responsible for all instructions given by you or anyone acting with your authority between the time you pass the security procedure, which allows you to access the Service, and the time you exit from the Service. In your own interests, you should not leave the device you are using to access the Service unattended while you are still logged onto the Service.

5. Transactions

When you authorise a transaction through the Service you are issuing a banking instruction to GIB. Banking instruction may include instructions to create standing order payments or direct debits as well as one off payments or transfers to other accounts. Banking instructions received through the Service on any business day will normally be processed that day if received before 4:00pm GMT+1 otherwise the following business day. Where you schedule a transaction with an advanced value date, GIB will process the payment on the last business day prior to your specified value date. Where you select a value date which falls on a Bank Holiday or weekend, GIB will process your transaction on the last business day prior to your selected value date.

GIB is not responsible for any delay in the processing of transactions which may result in payments not being received by the recipient by a specified value date.

GIB reserves the right not to act on any banking instruction issued to it through the Service in the cases where you have insufficient cleared funds, lack of a credit line, or you having reached your elected transaction limits; or where the GIB suspects such banking instruction to be fraudulent or suspicious as may determined by GIB.

Once a transaction has been processed, it may be irreversible and GIB may not be able to cancel or recover the same from the recipient. Should you wish to cancel a transaction you must notify GIB immediately and any such request may incur charges in line with GIB’s published Fees and Tariffs Guide.

You are responsible for all transactions carried out using the Service and for repayment of any debt that arises from use of the Service.

6. Electronic Statements

An electronic statement for your accounts can be viewed through the Service. Information shown on the electronic statement is accurate to within [1] business day and not reflect all transactions or payments made during weekends or public holidays until the first business day after such weekend or public holiday.

It is your responsibility to check your electronic statement regularly and contact GIB if you have any queries in relation to payments or any suspicious activity on your account(s).

7. Communications with GIB

You may use the Service to contact GIB to communicate securely with the RM for any queries which they may have or to book an appointment. GIB reserves the right not to respond to any communication transmitted through the Service and may require you to contact them via an alternative means of communication or by way of personal attendance at the Banks premises. GIB may further require you to verify any communication sent through the Service.

8. Availability / Termination of the Service

GIB will make reasonable efforts to provide the Service. However, GIB will not be liable for any failure to provide the Service, in part or full. This provision includes any suspension of the Service resulting from maintenance and upgrades to the Service or hardware or software used in connection with the Service.

GIB further reserves the right to suspend, withdraw or restrict your use of the Service or any part of the Service at its discretion for any reason, including but not limited to, your breach of these terms of conditions.

You may terminate your subscription to the Service by notifying us in writing/ email/ through the service. The notification will not be effective until the same is received by GIB.

9. Charges

GIB reserves the right to charge you and you agree to pay the charges that apply when you use the Service or any part of it. Charges are determined at the discretion of GIB and may change such fees in accordance with GIB’s General Terms and Conditions and in line with GIB’s published Fees and Tariffs Guide.

You further agree that the GIB is authorised to automatically deduct any charges from your account(s).

10. Liability

You agree to indemnify and hold GIB harmless for all liabilities caused by or through the use of the Service or any violation by GIB of this agreement or applicable laws unless GIB is guilty of willful or gross negligence.

However, notwithstanding the above, GIB will be liable for unauthorised use made after GIB has been informed by you that an unauthorised person has knowledge of your Security Details.

GIB will not be liable for losses caused by:

(i) breakdowns of whatever nature, which prevent the use of the Service;

(ii) interruptions to your ability to access to or the use of the Service, whether such or interruptions are caused by the GIB or any other party;

(iii) loss, misuse, disclosure, destruction, etc. of data and programs on your or other users' computer(s) in connection with your use of the Internet or the Service;

(iv) loss, interception, disclosure, destruction or misuse of your Security Details; and/or

(v) your use of the Service if such use contravenes the laws of any other state in which the Service is accessed.

You acknowledge and agree that your liability is unlimited with regards to any damage or loss caused in the event of any unauthorised use of the Service by you or someone to whom you deliberately or negligently disclosed your Security Details

11. Data

GIB may collect your electronic identifier, (e.g. Internet Protocol (IP) address or telephone number) supplied by your service provider for verification purposes and to assist in the detection of unauthorised access to the Service.

All data collected through the use of the Service will be used and stored in accordance with GIB’s General Terms and Conditions.

12. Amendments

These terms and conditions may be amended by GIB at any time. You will be notified of any amendments to these terms and conditions in accordance with GIB’s General Terms and Conditions.

13. Compliance

You expressly agree to comply with the terms and conditions which are designed to minimise the risk of unauthorised use of the Service and to indemnify the Bank in respect of any loss, costs or damages which may arise as a consequence of your non-compliance as contained in these terms and conditions.

14. Governing Law

These terms and conditions together with the use and operation of the Service shall be governed by the laws of Gibraltar and you submit to the jurisdiction of the courts of Gibraltar. However, GIB reserves the right to take legal action against you in any jurisdiction that the GIB may deem appropriate.

15. Complaints

Initially we encourage you to discuss any concerns you may have directly with your adviser at the Bank. If you are not satisfied with the reply, or if you do not feel like contacting a Relationship Manager/Personal Banker directly to make a complaint, you should feel free to file a formal complaint. Please address all formal complaints in writing to:

Chief Executive Officer

Alternatively, you may file your complaint by email to:

complaints@gibintbank.gi

If you are not satisfied with the handling of your complaint, you may file the complaint to Gibraltar's Department of Consumer Affairs (tel. +350 20050788 / email conaffairs@gibtelecom.net).

The Bank is authorised and regulated by the Financial Services Commission

PO Box 940

Suite 3, Ground Floor

Atlantic Suites

Europort Avenue

Gibraltar

Tel : +350 200 40283

Fax : +350 200 40282

E-Mail : info@fsc.gi

Web : www.fsc.gi