TERMS & CONDITIONS D-BANK REGISTRATION


I. DEFINITION

  1. E-mail address is a personal account ID of the Customer which will be used to access application of D-Bank Registration and other Danamon Electronic Channel Facilities/Services, which will also be used for the purpose of sending notifications or sending electronic financial statement (e-statement) by the Bank.
  2. D-Bank Registration is an application of PT Bank Danamon Indonesia Tbk ("the Bank") which can be used by the Customer to open a Bank account via online. The Customer may register on the application D-Bank Registration using e-KTP, e-mail address and active mobile phone number.
  3. Danamon Electronic Channel Facilities/Services is a banking information and transaction service provided by the Bank to the Customer for 24 (twenty four) hours a day and 7 (seven) days a week, and can be accessed directly by the Customer through mobile phone using menu on the application by using the internet network media on the mobile phones, tablets or personal computers in accordance with the provisions applicable in the Bank.
  4. Force Majeure is any circumstance occurred beyond the Danamon and the Customer's reasonable controls and unforeseeable as well as unpredictable, which makes banking transactions impossible to continue or be delayed. Such events including but not limited to the following events:
    1. natural disasters, lightning strikes, earth-quakes, floods, storms, explosions, fires and other natural disasters;
    2. epidemic or imposition of quarantine;
    3. war, crime, terrorism, insurrection, riots, civil war, unrest, sabotage and revolution;
    4. strikes;
    5. computer virus or Trojan Horses system intrusion or hazardous components that may interfere with the service, web browser, User's computer, or Internet Service Provider; and
    6. systems or transmissions malfunction, power failures, telecommunication disturbances, government policies, banking system failures.
  5. Hello Danamon is a work unit authorized to provide Banking Information and Transaction Services (Non-cash) provided by Bank to the Customer for 24 (twenty four) hours a day and 7 (seven) days a week.
  6. Danamon Debit Card is a card issued by the Bank at the request of the Customer that has functions as an ATM card and/or Debit card and/or other functions to be determined by the Bank.
  7. Customer is an individual who has or does not have an account with the Bank and/or uses Electronic Banking Facilities/Services in the Bank according to the type of transaction and the requirements/ limits determined by the Bank.
  8. OTP (One Time Password) is a secret code sent via SMS by the Bank system and sent to the mobile phone of the Customer who is registered with the Bank system when accessing the application of D-Bank Registration to validate the account opening process.
  9. Password is the secret code required by the Customer in order to access and use the application of D-Bank Registration and Danamon Electronic Channel Facilities/Services and the authorization on the use of which is only on the Customer.
  10. Telephone PIN (TPIN) is a secret code provided by the Bank to the Customer that serves as mandatory verification media for the Bank in order that a Customer may use Hello Danamon/IVR services and the authorization on the use of which is only on the Customer.
  11.  Video Chat is one of the features in the D-Bank Registration application which may be chosen by a Customer to continue the verification process with the Bank officer, after the Customer completes the filling of the Customer's data.
  12. Electronic Signature is a signature uploaded by the Customer in the application of D-Bank Registration as authorization of account opening instruction to be the Customer's signature specimen valid and applicable in the Bank unless there is a change of the Customer's signature specimen, it must be immediately notified to the Bank in advance.
  13. Definitions that are not specifically regulated in this D-Bank Registration application, the definitions contained in the General Terms and Conditions of Banking Account and Services of  PT Bank Danamon Indonesia Tbk ("General Terms and Condition") shall apply.

 

II. REGISTRATION, TERMINATION AND DISCONTINUATION/CHANGE OF FACILITIES/SERVICES

  1. Only Indonesian citizen individual Customers who have e-KTP, e-mail address and active mobile phone number, can open an account through the application D-Bank Registration.
  2. D-Bank Registration application can be accessed through Android and iOS-based mobile phone with minimum specifications as determined by the Bank by downloading the application of D-Bank Registration on the Play Store (for Android users) or App Store (for iOS users). The application of D-Bank Registration can also be accessed through the latest version of the web browser.
  3. Registration through the application of D-Bank Registration may only be done 1 (one) time for one e-KTP number, 1 (one) mobile phone number and 1 (one) e-mail address.
  4. After completing application of D-Bank Registration, the Customer may choose verification process through Danamon branch or through video chat.
  5. Verification process through Danamon branch can be done in accordance with Bank business day and verification process through video chat can be done on day and time according to provisions of the Bank.
  6. After the verification process is successful, the Customer's account will be established and the Customer may choose to collect Danamon Debit Card through Danamon branch or request that the Danamon Debit Card be sent to the Customer's home/office address registered with the Bank system.
  7. If the registration process of account opening through the application of D-Bank Registration has been approved by the Bank, then the Customer will receive e-mail notification informing the Danamon account number and automatically the Customer will get Danamon Electronic Channel Facilities/Services.
  8. The process of registration, activation, termination and discontinuation/change of Danamon Electronic Channel Facilities/Services shall refer to the Terms and Conditions of the applicable Danamon Electronic Channel Facilities/Services.
  9. The Bank may at any time discontinue and change the features and/or services in the application of D-Bank Registration (either in the form of limitations or additions) and upon such discontinuation and/or change shall be notified by the Bank to the Customer through a communication media available to the Bank no later than 30 (thirty) business days before the change is made and in case the Customer does not agree with such change, the Customer may submit his/her objection statement to the Bank within a period of 30 (thirty) business days after the change is sent/announced through communication media available to the Bank. If the Customer fails to approve such Change, the Customer shall be entitled to close the products and/or the services that have been obtained by first settling all of the Customer's outstanding liabilities to the Bank. Upon the lapse of above-mentioned period, the Customer agrees that the Bank will deem the Customer agreeing to such changes.

 

III. PASSWORD AND OTP

  1. OTP will be sent by the Bank system to be entered into and verified at the time of account opening process through the D-Bank Registration application as one of validation on data of mobile phone number registered in the D-Bank Registration application.
  2. The use of Password and OTP shall be the authority of the Customer.
  3. The Customer shall be obliged to secure the Password and OTP for his/her own interest by:
    1. Changing the Password regularly.
    2. Using the Password carefully to keep others unknown.
    3. Not recording/saving/storing the Password in mobile phones, other objects or places that are easily known by others.
    4. Not providing the Password and OTP to others including to the Bank officers or family members/ relatives.
    5. Not using the password that is easy to guess such as date of birth or personal identity of the Customer.
    6. Not giving or declining against the use of the Password and OTP guided by other persons or outsiders or the Bank officers.
  4. The use of the Password and OTP on the facilities/ services has the same legal force as the written orders signed by the Customer.
  5. The Customer shall be responsible for all banking transaction instruction by using the Password and OTP.
  6. Any orders/instructions based on the use of the Password and OTP by an unauthorized party shall be entirely the responsibility of the Customer.
  7. Any errors in the use of the Password and OTP by the third parties, the Customer hereby indemnifies Danamon from any claims that may arise, either from the other party or the Customer him/herself as a result of misuse of the Password and OTP.

 

IV. THE USE OF D-BANK REGISTRATION APPLICATIONS

1. GENERAL

  1. The Customer hereby agrees that the D-Bank Registration application may only be used for the types of transactions that have been determined by the Bank and the Customer must comply with the requirements and comply with the limit of transaction determined by the Bank.
  2. In using the D-Bank Registration application provided by the Bank, the Customer shall follow the instructions given by the Bank. Any use of data packets arising upon accessing the D-Bank Registration application shall be the responsibility of the Customer in accordance with the provisions of each operator/provider of the mobile phone service.
  3. The Customer hereby agrees that the Bank makes an account opening based on the Customer's instruction transmitted through the D-Bank Registration application and the Bank has the right to suspend, refuse, cancel, block and/ or close the accounts and/or banking facilities/ services of the Customer with the Bank, and at the same time imposes administration charge of account closure and other fees or charges applicable to the Bank, inter alia if:
    1. The Customer provides data/information deemed suspicious by the Bank and/or provides false/invalid/incomplete data/ information, and/or is unwilling to provide any data/information requested by the Bank in accordance with prevailing laws and regulations.
    2. The Profile of the Prospective Customer or the Customer is on the List of Alleged Terrorist and Terrorist Organizations and the List of Proliferation of Mass Destruction Weapons.
    3. The Customer is subject to screening sanctions based on regulations applicable to the Bank and/or screening sanctions in the receiving country.
  4. There shall be a written request from the Police, Attorney Office, Court, Indonesian Financial Transaction Report and Analysis Center (PPATK), Tax Office or other authorized institutions in accordance with prevailing laws and regulations or to fulfill obligations/debts not yet settled by the Customer to the Bank.
  5. The Customer’s account is allegedly misused, including but not limited to accommodating and/or committing a criminal act and/or having or will be fraudulent in connection with the Customer's Account and/or banking services/facilities including those which cause harm to the public and other parties and/or Bank.
  6. The instruction given by the Customer is contrary to the banking regulation and/or prevailing laws and regulations.
  7. Blocking/freezing of account upon the request of an authorized institution. Any delay and/or cancellation will be informed through the Bank's communication media.
  8. The Customer hereby agrees that any instruction performed by the Bank at the time the Bank receives such instruction from the Customer shall be marked by inputting the Password and OTP, cannot be cancelled/altered for any reason whatsoever by the Customer.
  9. In executing the Customer's instruction, the Bank is entitled to apply specific procedures/ requirements such as the application of security procedures for data validation and the correctness of Customer's instructions.
  10. In the use of the D-Bank Registration application, the Customer shall ensure the accuracy and completeness of the instruction given (including the obligation to ensure that all data required for opening the account has been completed/provided completely and correctly) in accordance with the format of the instructions specified by the Bank.
  11. The Customer shall ensure the accuracy and/or completeness and/or correctness of the data and/or instructions given by the Customer (including to ensure that all data required to use the D-Bank Registration application is completed completely and correctly). Any Possible Impacts resulting from mistakes, errors, omissions, forgery, misuse, incompleteness, unclearness or inaccuracy of instruction/data from the Customer and/or consequences by executing such instructions shall be the responsibility of the Customer.
  12. The Customer shall ensure that the electronic device used to access the D-Bank Registration Application is maintained periodically and free of any virus and/or software that may cause interference to the electronic device system used by the Customer or the Bank system.
  13. Any data/information and any account opening instruction through the D-Bank Registration application stored or saved on the Bank's data is true and valid, as well as binding on every instruction made by the Customer through the D-Bank Registration application. The Customer shall promptly notify the Bank of any changes in data/information and other matters that differ from the data/information which has been given to the Bank. The Customer negligence for not notifying of such change to the Bank shall be responsibility of the Customer.
  14. The Customer shall enter electronic signatures as a sign of approval of the account opening instruction and at the same time the system will record the data/information that has been approved by the Customer and will be stored or saved in the Bank data center. The data/information is the correct, valid data and accepted by the Bank and is a valid proof of Customer's instruction to the Bank.
  15. The D-Bank Registration application receives and executes every instruction from the Customer as a valid instruction based on the use of Password and OTP and therefore the Danamon has no obligation to research or investigate the authenticity or validity or authority of the Customer using the Password and OTP or to assess or prove the accuracy or completeness of the intended instruction, and therefore the instruction is legally binding on the Customer properly.
  16. The D-Bank Registration application is accessible 24 (twenty four) hours a day and 7 (seven) days a week, but the Customer agrees that at a certain time the D-Bank Registration application may not be accessible due to under the process of system maintenance and the same will be notified by the Bank through the communication media available to the Bank before the system maintenance process is performed.
  17. The Customer must first check the network quality of each operator/provider of mobile phone service before accessing the D-Bank Registration application. The Customer's failure in accessing D-Bank Registration application which is not caused by the Bank error among other is the poor of network quality of each operator/provider of mobile phone used by the Customer is not the responsibility of the Bank.
  18. The right to use the facility/service without the knowledge of the Bank, in whole or in part, temporarily or permanently to the other party shall be the sole responsibility of the Customer.

 

2. ACCOUNT OPENING

  1. The account opening via D-Bank Registration application is available for D-Save Savings in Rupiah currency.
  2. If the account opening process coincides with a holiday and the Customer makes a top up of the funds on that holiday, then the interest calculation will be effective on the next business day of the Bank.
  3. The Customer is aware of any risks and receives consequences on the account opening via the D-Bank Registration such as error in doing data entry, change of interest rate and account opening process on holiday.

 

3. DANAMON DEBIT CARD ACTIVATION

  1. The Danamon Debit Card delivered to the Customer's address according to the Customer's request is inactive.
  2. The Customer may activate the Danamon Debit Card via the D-Bank Registration application by completing the data of Danamon Debit Card and OTP sent to the mobile phone number are registered with the Bank.
  3. The Customer will be required to make Danamon Debit Card PIN upon the activation process of Danamon Debit Card in the D-Bank Registration application.
  4. The Danamon Debit Card PIN made via the D-Bank Registration application will automatically be the PIN of the Customer Phone.

 

V. BANK FEES AND FINES

The Customer shall not be subject to fees or fines in connection with the services used by the Customer or any other fees applicable to the Bank in connection with the D-Bank Registration application.

 

VI. POWER OF ATTORNEY

The granting of Power of Attorney from the Customer under these General Terms and Conditions shall be granted with a substitute right. As long as the Customer uses the D-Bank Registration application, that power of attorney shall remain in effect until the end of the use of D-Bank Registration, such power of attorney shall constitute an integral and inseparable part of these General Terms and Conditions.

 

VII. PROHIBITION

  1. The right to use of this D-Bank Registration application shall not be transferred or assigned for any reason, whether partly or wholly, temporarily or permanently, to any other party without prior written approval from the Bank. The Customer is responsible for any form of misuse of the D-Bank Registration.
  2. The Customer is prohibited from notifying anyone and in any manner whatsoever about the Password, OTP, as well as information, documents and anything received by the Customer, during and after the use of the D-Bank Registration application.
  3. The Customer acknowledges and hereby agrees that any violation of the provisions as referred to in item IX concerning Prohibition of Numbers 1 and 2. This General Terms and Conditions entitles the Bank to discontinue/terminate the application of the D-Bank Registration used by the Customer with prior notice.

 

VIII. REPRESENTATIONS AND WARRANTIES

  1. The Customer acknowledges and agrees that the instructions given by the Customer to the Bank for account opening through the D-Bank Registration application, the execution of which requires/uses the Password, OTP and Electronic Signature are recognized as valid instruction and simultaneously as a sign of Customer's approval for the execution or implementation of such instruction that has the same legal standing as a written instruction signed by the Customer and is legally binding as evidence, unless other the Customer can prove otherwise.
  2. The Customer hereby declares and agrees that the Bank shall be entitled to record every Customer instruction given through the D-Bank Registration application and evidence of such instructions and/or conversation (whether in the form of video, image, transactions, and/or tape/cartridge, and/or copies of such evidences) is approved as valid and binding evidence.
  3. The Customer hereby declares and agrees to authorize Bank for data on Customer’s electronic device, such as device and application history, identity, contacts, location, SMS, phone, photos/media/files, camera, device ID and call information, related to D-Bank Registration service.
  4. The Customer has acknowledged and understood that the account opening procedure through the application of D-Bank Registration has the risks that may arise, among others:
    1. Misuse of the D-Bank Registration service due to negligence or misconduct in entering the data/instructions to the Bank which may result in the following:
      1. the occurrence of transactions not made by the Customer and may be proven by the Customer that such transactions are made by unauthorized persons;
      2. the Customer's data is used by other unauthorized party; and
      3. the Password and OTP are known by others including family members.
    2. The occurrence of delays/failures of access or delays/failures in the provision of information/account opening data on the D-Bank Registration applications and/or execution of transactions the instructions of which are giveb through the D-Bank Registration application, which among others caused by: force majeure, the use of D-Bank Registration which deviates from that determined by the Bank under these General Terms and Conditions as well as other causes that occur beyond the Bank's capabilities/control.
    3. The data/information presented by the Bank through the D-Bank Registration application is incorrect/becomes damaged due to interference from the parties attempting to infiltrate to damage the data or other third parties who have bad intentions.
  5. The Bank is responsible for the smooth operation of the system managed by the Bank, and the Customer agrees that the failure of the system and/or communication media caused by things beyond the control of the Bank or the failure of the system because the Customer does not meet the terms and conditions applicable to each the Service shall be the risk and responsibility of the Customer. In relation thereto, the Customer agrees and hereby authorizes the Bank to make corrections on the Customer's account related to the opening of the Customer's account.
  6. The Customer hereby states that the Bank has provided sufficient explanation concerning the characteristics of the D-Bank Registration application and the Customer has understood and comprehended all the consequences of using the D-Bank Registration application, including the benefits, risks and costs attached to the D- Bank Registration.
  7. The Customer hereby declares that he/she is willing to receive information and/or offering of Bank products/services (including products/services performed internally by the Bank or in the framework of cooperation with any third parties) on Mondays through Saturdays beyond the national holiday from 08.00 - 18.00 local time, except at the request of the Customer, through personal communication media.
  8. The Customer has read, received and understood as well as agreed to comply with the General Terms and Conditions for completion of Customer Data through the D-Bank Registration application and prevailing laws and regulations in the Republic of Indonesia and the prevailing norms for banking, as well as other provisions stipulated by the Bank Indonesia in connection with banking transaction services through electronic media including the D-Bank Registration application.
  9. The Customer hereby agrees and acknowledges that the Bank has the right to revise/amend/complete these General Terms and Conditions ("Amendment"). For such purpose, the Bank will notify the Customer within a reasonable period of time or stipulated in the prevailing laws and regulations through the Bank branch offices and/or through other communications media in accordance with the latest data recorded on the Bank.
     
     

IX. FORCE MAJEURE

  1. No party shall be declared to have committed negligence/violation of this content/provision if the same is caused by a Force Majeure.
  2. Matters categorized as Force Majeure in this Agreement are events or occurences that are beyond the human capabilities, including but not limited to sabotage, war, the issuance of  overnment regulations/policies, natural disasters, riots, epidemics, fires and the D-Bank Registration application cannot be used due to disaster caused among others by device/equipment of the Bank suffering from electricity or communication problem or virus-infected system.
  3. In the event of Force Majeure against either party, the affected party shall be obliged to promptly notify the other party in any possible manner with respect to such Force Majeure, provide notification within a period of 3 (three) business days after the end of such Force Majeure.
  4. If the party experiencing the Force Majeure (affected party) is negligent to notify the other party within a period as provided for in these General Terms and Conditions, all losses that may arise shall be the burden/charge and the liability of the affected party.

 

X. MEDIA TO INFORM THE TRANSACTION

Matters relating to the transactions communication media used are Inbox (Mailbox) respectively Bank Danamon Electronic Channel, SMS, and E-mail Facilities/ Services.

 

XI. APPLICABLE LAW AND JURISDICTION

  1. The validity, interpretation and implementation of the General Terms and Conditions of the D-Bank Registration shall be governed by and subject to the provisions of laws of the Republic of Indonesia.
  2. Matters relating to these General Terms and Conditions and its consequences, the Customer has chosen a permanent place of legal domicile with the Clerk’s Office of the Court of First Instance having the jurisdiction over the original place of the Branch Office, as such without prejudice to the right of the Bank/the Customer to file a lawsuit to either party before other courts anywhere in Indonesia in accordance with applicable laws and regulations.

 

XII. PROCEDURES FOR CUSTOMER SERVICES AND SETTLEMENT

  1. The Customer may file a complaint of any transaction or banking service to the Bank both verbally and in writing through the nearest Bank branch, Hello Danamon 1-500-090 or email address: hellodanamon@danamon.co.id or letter, but excluding the complaint in the mass media.
  2. The Customer shall not be charged for the service and settlement of Customer's complaint filed to the Bank, either orally or in writing.
  3. Complaints made orally shall be settled within a period of 2 (two) business days after the bank received the complaint.
  4. In the event that the verbal complaint settlement cannot be settled or resolved by the Bank within 2 (two) business days, the Bank shall be entitled to request the Customer to file a written complaint accompanied by the supporting documents required by the Bank.
  5. In the event that a complaint is made in writing, the complaint must be accompanied by a copy of identity card and other supporting documents required by the Bank.
  6. The handling of the settlement of complaints will be resolved or settled and the notification of which will be submitted in writing to the Customer within a period of no later than 20 (twenty) business days as from the Customer giving the report or complaint to the Bank and the receipt of relevant documents requested by the Bank in connection with the handling of the settlement of complaint. Under certain circumstances (eg a complained transaction requires further research or there is any involvement of a third party outside the Bank), such period may be extended to the next 20 (twenty) business days.
  7. In the event of certain conditions, the Bank shall be entitled to extend the term or period of settlement of complaint by providing written notification to the Customer prior to the expiration of such period as referred to in point 3, i.e.:
    1. The Bank Office that receives the complaint is not the same as the Bank Office where the problem was raised and there are communication constraints between the two Bank Offices.
    2. Financial transactions filed by the Customer require special research against the Bank documents.
    3. There is a Force Majeure as referred to in point XI.2 of these General Terms and Conditions and/or there are other causes that are beyond the control of the Bank and in this case the Bank has taken reasonable corrective measures in accordance with the ordinary course of banking practices.
  8. In the event that the settlement of the complaint as referred to in these General Terms and Conditions is not reached, the Bank and the Customer agree to settle such dispute through deliberation or discussion leading to mutual consensus.
  9. If the dispute cannot be settled by deliberation or discussion leading to mutual consensus, the Bank and the Customer hereby agree to settle the dispute through the Indonesian Banking Dispute Settlement Alternative Institution (LAPSPI) or the South Jakarta Court of First Instance, without prejudice to the right of the Bank to file lawsuits or claims through other Court of First Instances within the territory of the Republic of Indonesia. The LAPSPI or Court’s decision is final and binding on the Bank and the Customer.

 

XIII. MISCELLANEOUS

  1. The Bank and the Customer hereby agree and approve that these General Terms and Conditions shall be applicable to the application of D-Bank Registration provided by the Bank to the Customer.
  2. These General Terms and Conditions shall constitute an integral and inseparable part of the General Terms and Conditions of Account and Banking Services, as well as the General Terms and Conditions of each Bank Facility/Service for each product/service applicable to the Bank.
  3. If there is any provision in these General Terms and Conditions which, due to a Government provision or court verdict is prohibited or unenforceable or becomes invalid or declared null and void, the same does not affect the validity of the other provisions of these General Terms and Conditions, and the other provisions shall remain valid and binding and enforceable as provided for in these General Terms and Conditions. In relation thereto, the Customer is required to make or draw up and sign a document containing provisions that meet the requirements of the Bank in lieu of such prohibited or unenforceable provisions.
  4. If at the time the application is filed, the relevant Customer has not completed the documents required by the prevailing laws and regulation or those required by the Bank, the Applicant hereby agrees to immediately complete such requirements and submit them to the Bank and accepts any consequences in the event that these requirements cannot be completed.
  5. In the event of any inconsistency between these General Terms and Conditions and the marketing media (including but not limited to brochures, product terms and conditions), the Parties agree that the applicable provisions shall be those as provided for in these General Terms and Conditions.
  6. In the event of any change of benefits, costs, cost risks and this General Terms and Conditions, the Bank shall inform the Customer through any communication media available to the Bank no later than 30 (thirty) business days before such change is made and in case the Customer does not agree with such change, the Customer may submit his/her objection statement to the Bank within a period of 30 (thirty) business days after the change is sent/announced through communication media available to the Bank. If the Customer fails to approve such Change, the Customer shall be entitled to close the products and/or services that have been obtained by first settling all of the Customer's outstanding liabilities to the Bank. Upon the lapse of above-mentioned period, the Customer agrees that the Bank will deem the Customer agreeing to such changes.
  7. The titles and terms used in these General Terms and Conditions solely aim to facilitate the understanding of the contents of this D-Bank Registration application.
  8. With regard to any other banking facilities/ services which are not regulated in these General Terms and Conditions, shall be regulated separately and shall constitutes an integral and inseparable part of these General Terms and Conditions.
  9. The Customer is willing to sign any additional documents that are reasonably required by the Bank in connection with the D-Bank Registration application.

 

XIV. WARNING

Be careful of fraud. Make sure you are careful and do not be deceived by any person who claims to be on behalf of the Bank promises a Reward. Any form of fraud or other actions committed by other/third parties associated with this D-Bank Registration application is beyond the authority of the Bank.

 

 

INFORMATION SERVICES

Hello Danamon: 1-500-090

Alamat email: hellodanamon@danamon.co.id

Website: www.danamon.co.id 

GENERAL TERMS AND CONDITIONS

ACCOUNT AND BANKING SERVICE


I. DEFINITION

In these General Terms and Conditions, the following words shall have the meanings as mentioned below unless the context other-wise requires:

  1.  Automated Teller Machine (ATM) shall mean electronic machine for banking service owned/managed by the Bank, or owned/managed by the other Bank but in cooperation with the Bank, that can be used by a Customer for cash withdrawal, balance inquiry and other transactions in accordance with the provisions applicable in the Bank which may be viewed through the communication media available to the Bank.
  2. Bank shall mean PT Bank Danamon Indonesia, Tbk., domiciled in Jakarta, acting through its branches throughout Indonesia.
  3. Beneficial Owner shall mean any person who is the true owner of an ultimately own account; which controls the Customer's transactions; that authorizes to make a tran-saction; to control a legal entity; and/or that is the ultimate controller of transactions made through a legal entity or under an agreement.
  4. Cash Deposit Machine (CDM) shall mean a machine that can be used by a Customer to make cash deposit into an account or account balance inquiry and other features in accordance with provisions applicable in the Bank that can be viewed through a communication media available in the Bank.
  5. Danamon Simpan Pinjam (DSP) shall mean a Functional Office or Sub-Branch Office that specifically serves the micro, small and/or medium business segments.
  6. Danamon Token shall mean a device/tool that can generate Token Secret Code that can take the form of challenge response or One Time Password (OTP) in accordance with the instruction entered in the Danamon Token.
  7. Hello Danamon shall mean a work unit authorized to provide Banking Information and Transaction Services, including receipt of complaints, provided by the Bank to the Customer by telephone for 24 hours a day and 7 days a week, both in the form of Financial Transactions and Non-Financial Transactions.
  8. Business Day shall mean any day except for Saturday or Sunday or official holidays stipulated by the Government.
  9. IVR (Interactive Voice Response) shall mean an automatic answering machine that can serve the Customer transactions via telephone.
  10. Danamon Privilege Debit Card shall mean a card issued by the Bank especially for the Privilege Customer and the product specified by the Bank.
  11. Danamon Debit/ATM Card shall mean a card issued by the Bank that has functions as an ATM card and/or Debit card and/or other functions (among others CDM, EDC) has a unique number consisting of 16 digits to be determined by the Bank.
  12. Tariff Provisions shall mean provision and exchange rates applicable to and have been announced at the Bank's branch offices and/or websites or other possible media.
  13. Access Code shall mean a secret code required for the Customer to make a Banking Transaction through services in accordance with its features that use certain codes as verification media and the authorization of use of which is solely with the Customer.
  14. Electronic Data Capture (EDC) Machine shall mean a tool used to verify the transactions or Financial and Non Financial transactions by the Customer at the Bank Counter or other places as determined by the Bank.
  15. Customer shall mean an individual or an entity having an Account with the Bank and/or using banking services provided by the Bank.
  16. ATM PIN shall mean the secret code/password required for the Customer to use the ATM/CDM/EDC terminal services and the authorization of use of which is solely with the Customer.
  17. Telephone PIN shall mean a secret code/password provided by the Bank to the Customer that serves as a verification media for the Bank required in order that a Customer may use Hallo Danamon/IVR services and the authorization of use of which is solely with the Customer.
  18. Account shall mean a Customer deposit(s) in the form of Current Account, Savings Account, Deposit and/or other equivalent form, either which has been opened or to be opened at a later date by the Customer with the Bank.
  19. Dormant Account (hereinafter referred to as the "Dormant Account") shall mean the Customer's savings in the form of Current Account or Savings Account which does not have transaction activity, other than administrative fee and deposit interest, for 6 (six) consecutive months or for a specified period as determined by the Bank.
  20. Banking Transactions shall mean Financial and Non-Financial Transactions.
  21. Financial Transaction shall mean the form of transactions that affect the change of Account balance.
  22.  Non-Financial Transaction shall mean the transactions that have no impact on the changes in Account balance.
  23.  Ultimate Beneficial Owner (UBO) shall mean a party that is acting as the ultimate controller namely an individual or a legal entity that directly or indirectly owns the company's shares and/or the overall structure of the business group that controls the company.

 

II. GENERAL TERMS AND CONDITIONS OF ACCOUNT

 A. GENERAL PROVISIONS

  1. Account Opening by the Customer with the Bank, as long as it is not specifically regulated by the Bank and the Customer in the Account Opening Application for the relevant Account, these General Terms and Conditions shall apply.
  2. With due observance of the provisions of point 1 above, if the Customer has several Accounts with one or more Branch Offices of the Bank, then the account(s) must be mutually agreed upon by both parties as an integral and inseparable part, therefore these General Terms and Conditions shall be binding on all the Customer’s Accounts.
  3. In the event that an Account will be transferred/assigned/ pledged to any third party/other party, it shall be with written approval from the Bank.
  4. Instruction from the Customer to the Bank may be made through Bank branch offices, Hello Danamon, ATM, CDM and/or other services in accordance with the provisions applicable in the Bank for each type of service.
  5. The General Terms and Conditions related to the use of each of these services (other than those provided for in these General Terms and Conditions) shall be made separa-tely. The following are websites information that can be accessed: 
    1. Hello Danamon Service: https://www.danamon.co.id  
    2. Danamon Online Banking Service: https://www.danamonline.com 
  6. The Customer may not cancel/alter any instruction that has been made for any reason and the transaction shall bind the Customer upon such instruction was received and implemented by the Bank.
  7. In the event the Bank receives more than one instruction that will affect the withdrawal of funds from the Account, the Customer shall be obliged to provide sufficient funds in his/her/its account. Unavailability of funds may cause the Bank not to implement such instructions.

 

B. DEPOSIT, TRANSFER AND WITHDRAWAL

  1. Deposit to an Account may be made in cash or non-cash, bank draft (Cheque and/or Bilyet Giro or overbooking). The non-cash deposit shall be considered effective if the funds have been received by the Bank and in accordance with the accounting requirements as provided for in item II.C (Bookeeping) of these General Terms and Conditions. Deposits through Bank counters may only be recognized if the transaction document has been validated (proof of evidence of data print from the system) or legalized by the Bank officer in accordance with the provisions/ procedures applicable to the Bank.
  2. Deposit or withdrawal of funds and/or payment of interests related to the Account in Foreign Exchange/Forex shall be subject to exchange rate/administrative fee in accordance with the Tariff Provisions at the time the transaction is booked. If for any reason the Bank cannot make a cash payment in accordance with the type of currency of the Customer Account, then the Customer's transaction shall be given options: (i) making a payment through transfer; or (ii) making conversion over the transactions made into the Rupiah currency in accordance with the Tariff Pro-visions at the time the transactions are made. The costs incurred in respect of such options (transfer fee/ other fees and administrative fees) shall be approved by the Customer to be charged to the Customer in accordance with the Tariff Provisions applicable to the Bank.
  3. In case of returned non-cash deposit, the Customer hereby agrees and authorizes the Bank to deliver such non-cash payment related media (along with the evidence of returned non-cash deposit - if any) to the depositor. The costs incurred in connection with such returned non-cash deposit shall be agreed to be charged to the Customer's Account and the Bank is hereby authorized to debit such fees or costs from the Account.
  4. If the deposit transaction is made in a different foreign exchange, the Bank is hereby authorized by the Customer to make conversion in accordance with the provisions/ procedures applicable to the Bank. The Customer also agrees that the implementation of transactions related to such Forex is subject to applicable regulations and the Customer is willing to fulfill the requirements specified by the Bank.
  5. The Customer agrees and hereby authorizes the Bank to make conversion and to credit the funds for incoming transfer involving the different currencies with the destination Account in accordance with the applicable Tariff Provisions that may be viewed through a communication media available in the Bank.
  6. The Customer agrees and hereby authorizes the Bank to make transfer return if the document requirements of the Foreign Exchange (Forex) purchasing transaction against the Rupiah and/or restrictions on the Rupiah transaction have not been received within the prescribed time limit.
  7. The Customer shall not withdraw the funds from the Account exceeding the amount of credit balance resulting in the balance of the Customer's Account to be a debit (overdraft), without any credit facility approved by the Bank in writing and the required credit documentation has been completed before the transaction is made.
  8. The Bank shall only be obliged to serve the withdrawal/ payment/overbooking/transfer transaction from the Custo-mer's Account in accordance with the instruction/request from the Customer or its lawful proxy (based on lawful power of attorney letter from the Customer) and with due observance of the provisions of the signature specimen which has been administered with the Bank under the following provisions:
    1. Specifically for Savings:
      1. Cash withdrawal or overbooking instruction or transfer instruction from Savings may be made by a Customer through the Bank counters by using transaction docu-ments provided by the Bank with due observance of the provisions of the signature specimen administered with the Bank. In addition, transaction may also be made through ATM or other services provided and approved by the Bank.
    2. Specifically for Current Account:
      1. A cash withdrawal or overbooking instruction or transfer instruction from the Rupiah Current Account may be made by a Customer by using and signing the Cheque, Bilyet Giro or other withdrawal/ overbooking/transfer facility provided by the Bank through ATM or other services provided and approved by the Bank with due observance of the provisions applicable in the Bank and the provisions of the signature specimen which have been adminis-tered with the Bank.
      2. Withdrawal of funds from the Forex Current Account may be made in Rupiah currency or Forex (bank notes) by using the transaction document in accordance with the provisions applicable in the Bank and the provisions of the signature specimen which has been administered with the Bank.
      3. In the case of the authorized collection of the Chequebook and/or Bilyet Giro (including the signing of receipt), the Customer has understood and is willing to bear the risks arising from such authorization.
      4. A Customer is willing to comply with the provisions governing the signing of the bank draft, the settlement of stamp duty and other provisions governing the withdrawal of the bank draft, inclu-ding the obligation to complete the Cheque/Bilyet Giro or other withdrawal/transfer facilities determined by the Bank completely and correctly in accordance with the applicable regulations and administer/keep the books/sheets of Cheque/Bilyet Giro form or other withdrawal/transfer facilities properly. All risks and losses arising from the negligence of the Customer and/or his/her proxy in the completing/keeping of Cheque/Bilyet Giro or other withdrawal/transfer facilities which causes the Cheque/Bilyet Giro or any other withdrawal/ transfer facility is lost and/or misused by the persons/parties who are not fully entitled shall be the responsibility of the Customer. Except those caused by the negligence/mistake of the Bank.
      5. Requests for Cheque/Bilyet Giro Form must be made in writing by the Customer and return of the receipt of the Cheque/Bilyet Giro form must be made upon receipt of the Cheque/Bilyet Giro Form by the Customer or his/her/it proxy designated in writing. The Customer hereby agrees that the Bank will directly activate the bank draft form which has been collected by the Customer or his/her/it proxy in accordance with the procedure applicable to the Bank. In addition, request for Cheque/Bilyet Giro form can be raised through other services provided by the Bank, such as Hello Danamon.
      6. The Customer shall be obliged to provide sufficient funds in the Account at least at the nominal value of the outstanding Cheque/Bilyet Giro and the Customer shall not withdraw the blank Cheque and/or Bilyet Giro for any reason whatsoever.
      7. The Customer shall be obliged to report the ful-fillment of the obligation to settle the withdrawal of blank Cheque and/or Bilyet Giro, the fulfill-ment of which shall be made within 7 (seven) Business Days after the date of dishonored.
      8. If a Customer meets the National Black List (DHN) criteria of Bank Indonesia concerning the with-drawal of blank Cheque/Bilyet Giro, the Bank is entitled to freeze the use rights of the Cheque/ Bilyet Giro and report the same to Bank Indonesia for inclusion in the DHN. In the event that the name of the Customer has been included in the DHN and the Customer re-withdraws one or more blank Cheque/Bilyet Giro of any nominal amount, the Bank shall be entitled to re-include the Customer's name in the DHN and extend the DHN sanction in accordance with the provisions of BI. Sanction for freezing rights to use the Cheque/Bilyet Giro shall also be imposed on a Customer whose identity is included in the DHN of another Bank. The provisions of Account closure shall refer to item II.E (Suspension of Transaction, Blocking and Account Closure and/or Banking Service) to these General Terms and Conditions.
  9. Bank Draft (Cheque/Bilyet Giro) which are dishonored or returned by the Bank receiving payment or overbooking instruction from the Accountholder and are not collected by the Customer for 6 (six) months as from the date of dishonored/returned or the agreed period of time, the Customer agrees and hereby authorizes the Bank to destroy such dishonored or returned bank draft.
  10. Especially for the Customers in the form of business entities or legal entities, they may apply to the Bank for the use of stamp/seal as a requirement in the withdrawal/overbooking/transfer/other written instruction in relation to the Customer's Account. The Customer agrees that the size, color of the stamp/seal ink or the color of the signature ink shall not serve by the Bank as a verification tool.
  11. Inactive Savings/Demands Accounts in accordance with the Bank's provisions for a certain period will be treated as a Dormant Account. The activating of Dormant Account is conducted in accordance with the procedures applicable to the Bank. Printing of Dormant Account Transaction Book refers to item II.C.1.a.
  12. The Customer hereby agrees that the Bank is authorized not to execute the transaction or delay the execution of the transaction if the Customer's transaction is related to the prohibition/restriction/requirement which must be fulfilled first as regulated in the prevailing laws and regulations and/or internal policy of the Bank and such matter shall be notified by the Bank to the Customer.

 

C. BOOKKEEPING 

  1. Bookkeeping of Account shall be conducted by the Bank with the following provisions:
    1. Specifically for Savings and Current Accounts:
      1. Any transaction, whether deposit into or withdrawal from the Account resulting in a change in the balance/transaction, shall be booked/recorded on a media determined by the Bank ("Evidence of Transaction"). However, given certain transactions can be made without recording on the Evidence of Transaction held by the Customer (among others: ATM transactions, CDM transactions, EDC tran-sactions, Autodebit services), in the case of any difference of balance/transaction between those recorded in the Evidence of Transaction possessed by the Customer and the record/bookkeeping kept by the Bank, then the balance/transaction recorded in the bookkeeping of the Bank is a valid and binding evidence on the Customer, unless it can be proven otherwise.
      2. Printing and delivery of Transaction Evidence shall be made through a media in accordance with the agreement with the Customer with due observance of the provisions applicable to the Bank.
      3. In the event that a Transaction Evidence (in the form of a consolidated statement) sent to the Customer's address shall be returned to the Bank within 2 (two) months (or within a certain period as determined by the Bank and will be notified to the Customer), as from the date of issue by the Bank, the Bank shall be entitled and hereby autho-rized by the Customer to destroy the Transaction Evidence and not to print the statement until the Customer notifies the Bank to reprint such document.
      4. The Customer may submit transaction request at the nearest Branch according to the provisions applicable to the Bank.
    2. Specifically for Deposits:
      1. Upon the placement of Deposit, the Bank shall issue a media in the form of:
        • Deposit Advice issued in the name of Customer, or
        • Deposit Bilyet issued in the name of Customer.
      2. If the Deposit is placed in an automatically extended condition, the Bank only issues a con-firmation sheet for each extension. The Customer may come to the Account Keeping Branch to collect the confirmation note of such extension.
    3. The Transaction Evidence (in the form of statement) shall be issued jointly consisting of one or more Accounts in the name of the same Customer. If the Cus-tomer does not want to have the Transaction Evidence to be issued jointly, the Customer may apply at all Bank Branch Offices in compliance with the provisions and procedures applicable to the Bank.
  2. The Bank shall be entitled and hereby authorized by the Customer to make corrections (in accordance with the procedures applicable to the Bank in the event of any errors in administering the Customer's Account including for opening an Account, bookkeeping the transactions, paying the interest or closure/disbursing the Account) and for that matter will be notified by the Bank to the Customer through the information media that is commonly used for such purposes, among others, announcement on the Bank Branch office or through other media that is easily accessible and with due observance of the provisions of applicable laws and regulations. Specifically for cor-rection due to the mistake/error in administering/book-keeping the Customer's Account resulting in reduction/ debiting of balance and at the time of correction it turns out that the balance is insufficient, the Bank shall be entitled and is hereby authorized by the Customer to debit/disburse other deposit(s) owned by the Customer existing with the Bank and/or recollect it immediately and in lump sum the shortcomings from the Customer.
  3. The Customer shall be obliged to keep the Tranbsaction Evidence/Account ownership  evidence properly so as not to be lost and/or misused by an unauthorized party. The Customer shall be responsible for the loss, misuse of the Transaction Evidence/Account ownership evidence that has been submitted by the Bank to the Customer/its proxy. The procedure that must be fulfilled by the Customer if his/her/its Transaction Evidence/Account ownership evi-dence is lost shall be as follows:
    1. Specifically for Savings:
      1. If a Customer loses a Transaction Evidence (which is not a Statement), the Customer shall be obliged to immediately notify the Bank (c.q. the nearest Bank Branch Office) and the Customer may apply for a repla-cement of the Transaction Evidence by complying with the provisions and procedures applicable to the Bank. Any costs incurred on the issuance of a replacement Transaction Evidence, shall entirely the responsibility of the Customer.
    2. Specifically for Deposits:
      1. If upon the placement of the Customer Deposit the Deposit Bilyet is granted, then the Customer shall be obliged to keep such Deposit Bilyet. In the event that the Customer loses the Deposit Bilyet, the Customer shall be obliged to immediately notify the Bank (c.q. the nearest Bank Branch Office) for blocking and replacing the Deposit Bilyet in accordance with the procedure applicable to the Bank accompanied by any other documents required by the Bank. Any costs incurred on the issuance of the replacement Deposits Bilyet (if any) shall be entirely the responsibility of the Customer.
      2. If upon the placement of Deposit a Deposit Advice is issued, the Customer shall be obliged to keep the deposit placement form which has been validated by the Bank and if the Deposit Advice is lost, it is sufficiently informed to the Bank.
  4. The Customer shall be obliged to examine each notice submitted by the Bank in connection with the bookkeeping of the Customer's Account. With due observance of the provisions of item II.C.2 above, the Customer hereby agrees that the contents of such notice shall be deemed to have been approved by the Customer if within 30 (thirty) Business Days as from the date of notification being sub-mitted, the Bank does not receive any written objection from the Customer.

 

D. INTEREST AND DEPOSIT INSURANCE 

  1.  The calculation and bookkeeping of interest/deposit services shall be conducted as follows:
    1. Specifically for Savings/Current Accounts. Interest shall be calculated and booked as follows:
      1. Interest shall be calculated on the basis of daily balances within 1 (one) month (with the minimum balance to earn interest as stipulated by the Bank).
      2. The amount of the interest rate of Saving/Current Account according to the tariff/provisions appli-cable to the Bank which can be seen on the Branch counter or electronic media of the Bank.
      3. Interest day shall be calculated based on actual number of days in 1 (one) month divided by actual number of days in 1 (one) year.
      4. Income Tax (PPh) of the interest of the Savings/ Current Account shall be borne by the Customer and subject to the provisions of applicable tax regulations.
    2. Specifically for Deposits:
      1.  The Deposit interest (whether denominated in Rupiah or foreign currency) shall be calculated based on: (i) the number of placement days divided by the number of actual days in one year; and (ii) the interest rate already agreed upon by the Bank, and will be paid in accordance with the instruc-tions at the time of placement (after being deducted by the Income Tax under the applicable tax laws).
      2. The Bank shall be entitled to make changes to the interest and such changes shall be notified to the Customer through Branch counter or electronic media of the Bank or any other agreed upon media.
  2. Deposit Insurance:
    1. The Customer has admitted to have been informed that the Customer's deposit with the Bank is subject to the Indonesian Deposit Insurance Corporation (LPS) related regulations and the deposit value insured for each Customer in 1 (one) bank is as provided for in the prevailing laws and regulations.
    2. The Customer hereby acknowledges and states that he/ she/it accepts the risk of his/her/its deposits which shall be exempted from the provisions of insurance if:
      1. The Customer's deposit data is not recorded with the Bank.
      2. He/she/it is included in the categories of Customers who benefited unfairly (i.e. providing of interest over the deposits exceeding the reasonable interest rate as determined by the LPS for the relevant period), including accepting the risk of deposits that are not eligible to be paid if the Bank's business license is revoked.
      3. Causing unhealthy condition of the Bank.

 

E. SUSPENSION OF TRANSACTIONS, BLOCKING AND CLOSURE OF ACCOUNTS AND/OR BANKING SERVICES

  1. The Customer hereby acknowledges and agrees that the Bank has the right and authority to refuse to execute the Customer's instruction and/or suspend the Customer's transaction and/or temporarily block the Customer's Account and/or Services obtained by the Customer from the Bank, caused by a particular cause, including but not limited to:
    1. Bank Considerations, among others:
      1. There is doubt in verifying the identity/instruc-tion of the Customer; or
      2. The Bank is unable to verify the identity of the Customer; or
      3. There is a conflict between the instructions pro-vided by the Customer to the Bank and/or there is a dispute among the Customers; or
      4. The funds in the Customer's Account are insuffi-cient and/or the Account is inactive (blocked, the Customer's account is categorized as the Dormant Account criteria, etc.); and
      5. The use of the Account is inconsistent with the profile of the Customer and there is an indication of money laundering crime and/or terrorism finan-cing.
    2. The requests from relevant agencies or other banks as provided for in the applicable regulations.
    3. It is required by the applicable laws and regulations.
    4. Due to other causes occurring beyond the control of the Bank (including but not limited to the occurrence of force majeure) or against the stipulated provi-sions.

Specifically for the dispute/problem among the Customers and/or the existence of conflicting instructions, the Customer hereby agrees that the Bank shall execute the instruction after the clarification of the dispute/problem and receive an official clarification from the parties to the dispute that is proven by the deed of reconciliation/ other documents which is required/acceptable to the Bank.

  1. The Customer hereby states and agrees that the Bank shall be entitled to block and/or closure the Customer's Account and/or banking services if:
    1. The Bank knows or has sufficient reason to suspect that there has been or will be banking fraud or crime involving the Customer's Account and/or banking services.
    2. The Customer has provided data to the Bank incorrectly or incompletely or the truth of which is in doubt.
    3. There is a request from the Police, Attorney Office, Court, the Indonesian Financial Transaction Reports and Analysis Center (PPATK), Corruption Eradication Commission (KPK), Tax Office or other authorized institution in accordance with applicable laws and regulations.
  2. The Customer hereby agrees and authorizes the Bank to debit the Account if it is known that the Customer's Account is indicated in respect of fraud and/or crime in accordance with applicable provisions.
  3. Closure of Account may be made by the Customer or its proxy (by virtue of lawful power of attorney from the Customer) through Bank counter at the Branch Office Keeping the Account or other Branch Offices in accordance with prevailing product provisions.
  4. The Customer shall notify in writing the Branch Office Keeping the Account or the nearest Branch Office of the Bank on the day and working hours applicable to the Bank, if the Customer decides to terminate/cancel the use of the Danamon Debit/ATM Card for any reason.
  5. If the Savings/Current Account used for autodebit service (for example: installments, payments of telephone bill, electricity bill, etc.) will be closed, then before the Account is closed the Customer must transfer to other Accounts for autodebit service or all liabilities shall be fully paid (with regard to loan), or the autodebit service shall be discontinued.
  6. If the Customer closures the Account or for any event is closed by the Bank, all outstanding transactions and lia-bilities of the Customer shall be fulfilled with reference to the Bank's provisions, namely:
    1. Specifically for Savings:
      1. If the Customer does not have the Danamon Debit/ ATM Card facility, the Customer shall be obliged to bring the required Transaction Evidence.
      2. If the Customer has a Danamon Debit/ATM Card faci-lity and only access to the closed Account, the Customer shall be obliged to bring the Transaction Evidence required by the Bank and return the Danamon Debit/ATM Card.
    2. Specifically for Current Account:
      1. The Customer shall return the remaining/unused Cheque/Bilyet Giro books or other withdrawal/ overbooking facility to the Bank.
      2. If there are still Cheques and/or Bilyet Giro in circulation, the Bank shall be entitled and is hereby authorized by the Customer to open a Special Account to settle the outstanding payment oblige-tions over the Cheque and/or Bilyet Giro and the Customer shall be obliged to provide sufficient funds to fulfill the payment obligations ("Special Account"). The closure of the Special Account approved will automatically be conducted by the Bank after all payment obligations over the out-standing Cheque/Bilyet Giro have been settled properly. The Customer will be notified in writing of the closure of the Special Account.
      3. For Customers receiving Cheques and/or Bilyet Giro, the Customer shall be obliged to submit a written statement on a sufficient stamp duty, among other containing the statement that:
        • All Customers' liabilities relating to the use of Cheques and/or Bilyet Giro have been settled properly; 
        • There is no Customer’s Cheque and/or Bilyet Giro that is still circulating in the public; 
        • The Customer is willing that his/her identity to be listed or re-listed into the DHN as an extension, in the event that at a later date there is still a blank Cheque and/or Bilyet Giro which meet the DHN criteria.
      4. The Current Account will be closed by the Bank, if the Customer already listed in the DHN shall withdraw the blank Cheques and/or Bilyet Giro in the imposition of DHN sanction.
    3. Specifically for Deposits:
      1. The disbursement of Deposits shall be conducted in accordance with the Customer's instruction by using the media and procedures applicable to the Bank.
      2. The disbursement of Deposits using the Deposit Bilyet media shall be conducted by submitting the original Deposit Bilyet. Specifically for single maturity deposits, if the disbursement of funds will be credited/transferred to the Customer's Account/other party’s account with the Bank or other banks (according to the instruction of the Customer at the beginning of the Deposit placement), then at maturity of such funds, it can be directly credited/transferred without submitting Deposit Bilyet. The Customer agrees and fully acknowledges that the Deposit Bilyet which is still under the control of the Customer for the sake of law becomes invalid and cannot be collected/refunded to the Bank. Evidence of bookkeeping/transfer to the Customer's Account/ other party’s account based on such instruction is evidence of disbursement and receipt of lawful funds as well as binding on the Customer and the beneficiary of funds.
      3. Disbursement of Deposits the funds of which are transferred to another bank, the transfer of which may be made on the relevant Business Day as long as the maturity date falls on a Business Day and the Bank's operational activities are under normal conditions. However, if such maturity date falls on a national holiday/a holiday as stipulated by Bank Indonesia/Government, the transfer shall be made by the Bank on the next Business Day.
      4. Any costs incurred in connection with the disburse-ment of such Deposits and transfers shall be deducted from the nominal amount of the Deposit disbursed. The transfer shall be made by the Bank in accordance with the instruction data provided in writing from the Customer. The matters relating to such transfer shall be subject to the General Conditions of Domestic/ Foreign Transfers to the Bank.
  7. The Bank shall be entitled to closure the Customer's Account (including ATM, Danamon Debit/ATM services, other services obtained by the Customer in connection with the Account) and at the same time charged the administrative fee for closure of the Account and other charges appli-cable to the Bank:
    1. If the balance of the Savings/Current Account of the Customer has become zero for a certain period accor-ding to the Bank's provisions.
    2. If the Customer provides any data the truth of which is doubtful by the Bank.
    3. If the use of the Account does not conform to the Customer's profile.
    4. Based on prevailing laws and regulations, the Bank is required to closure the Customer's Account.

    Such closure shall be made by notification to the Customer through the usually used facilities or means except for the closure of savings with a zero balance in a certain period approved by the Customer without prior notification.

  8. If the Customer dies or is bankrupt or dissolved or put under custody by the relevant authorities, the Bank shall be entitled to block the Account and shall only transfer the right to the Account to his/her heirs or the successors or assignees pursuant to provisions of prevailing law and regulations and by meeting the requirements stipulated by the Bank.
  9. The Customer hereby agrees to indemnify the Bank from all liability and claims arising in relation to the transfer to his/her heirs or the successors or assignees designated by the relevant authorities as referred to in point 9 above.

 

 

 

F. SPECIFICALLY FOR JOINT ACCOUNT

  1. The joint account shall be opened in accordance with the policies or provisions applicable in the Bank and for the giving of instructions to the Bank and withdrawal of funds from the joint account shall be applicable as follows:
    1. Status of Joint Account "OR": Giving of instructions to the Bank or withdrawal from the Account may be made by one of the Joint Accountholders in accordance with the provisions of the specimen recorded on the Bank.
    2. Status of Joint Account "AND": All instructions on the Account or withdrawal from the Account shall be made jointly by all Joint Accountholders in accordance with the provisions of the specimen recorded on the Bank.
  2. As a legal consequence arising in connection with the withdrawal of Cheque/Bilyet Giro by one or more Customers holding a Joint Account shall be borne jointly by all Customers holding a Joint Account without exception.

 

G. THE THIRD PARTY’S PRODUCTS

  1. In the event that a Customer chooses the third party’s product in which the Bank acts only as a party marketing the third party’s products/services, the Customer hereby agrees that:
    1. The Bank does not provide guarantee/is not responsible for the investment made by the Customer, either the principal or the result of its development (if the product/service provides protection or guarantee over the principal and the development results);
    2. The Customer is obliged to conduct performance checks of each third party’s product as well as the performance of the provider of that product or service.
  2. The matters relating to the third-party’s products are provided for in these General Terms and Conditions made separately from these Terms and Conditions.
  3. Information relating to the third party’s products provided by the Bank to the Customer shall constitute information existing in the Bank system or received by the Bank from the information provider, and is provided as reference material as well as is not intended for trading purposes or for any other purpose.
  4. The Customer hereby agrees that the Bank is not an invest-ment advisor to the Customer and the Bank has no obligation to verify or to make verification of any information pro-vided to the Customer. The Customer hereby also declares to guarantee and indemnify the Bank from any risks arising from non performance or any delay in the transmission of information to the Customer or any errors in the information.

 

 

 

III. GENERAL TERMS AND CONDITIONS OF BANKING SERVICES

A. USE OF CARD (among others: Danamon Debit Card/ATM, Danamon Privilege Debit Card)

  1. Danamon Debit/ATM Card is provided specifically for: (i) Account in the name of individual Customer, (ii) Account in the name of individual joint account with "OR" status or "AND" status.
  2. Specifically for Danamon Privilege Debit Card, the provisions of "OR" status and "AND" status follow the applicable Danamon Privilege regulations and can be viewed when the Customer receives the Danamon Privilege Debit Card.
  3. Specifically for joint account with "OR" status, each Customer holding a joint account shall be entitled to apply for obtaining Danamon Debit/ATM Card while joint account with "AND" status shall be given Danamon Debit/ ATM Card which may only be used for balance inquiry function or functions as determined by the Bank and will be informed to the Customer.
  4. The Card may only be used by the Customer him/herself and cannot be transferred in any form and in any way to any other party. The Customer shall be responsible for any risks arising in the event of Card transfer.
  5. The Customer shall be obliged to affix his/her signature on the reverse said of the Debit Card in the available column. Any risk of rejection or abuse arising from the non-signing of the Debit Card shall be the responsibility of the Customer, unless it can be proven otherwise.
  6. Card usage shall be adjusted to the type of products and policies of the Bank listed on the brochures or other media published/provided by the Bank, among others:
    1. Conducting Financial or Non Financial Transactions through Bank counters/EDC/ATM/CDM or any other place as specified by the Bank using authorization process based on ATM PIN and/or signature.
    2. For debit transactions conducted through Bank counters, may be debited from all Accounts in 1 CIF. While debiting through ATM and EDC machines will be debited from an Account already registered on the Card.
    3. For transactions conducted through other ATM networks that have cooperation with the Bank or other places as determined by the Bank may only be made through the primary account.
    4. Conducting a debit transaction i.e. a payment of transaction at a merchant/merchant's service user through EDC, the authorization of which is based on an ATM PIN or signature.
    5. Conducting other transaction(s) that had been approved by the Bank and will be notified to the Customer.
  7. Transactions using the Card may be made as long as the Customer's Account which has been connected to the Card is in active condition and the balance is sufficient and may only be accessed to the account(s) in the Rupiah currency and/or in a specific currency owned by the Customer and the same has been approved by the Bank.
  8. The nominal limit for transactions using the Card and the amount of fees shall be determined by the Bank and the same may change at any time with a notice at the Bank Branch Offices or at the locations where the ATM/CDM machine is located or through other media available to the Bank.
  9. Any transaction uses the Card resulting in a change to the Account balance shall be booked/recorded on the Customer's Transaction Evidence.
  10. The Customer shall be obliged to keep the Card properly and keep the PIN secret. If the Card is used by an unauthorized party (among others: due to the Card is stolen/lost/ falsified or due to any reason whatsoever), the Customer shall be obliged to immediately notify by telephone or facsimile to the Bank (c.q. the nearest Bank Branch Office or Hello Danamon) for the process of blocking by the Bank. The Customer shall be responsible for losses arising from the negligence/delay in reporting to the Bank, unless it can be proven otherwise.
  11. The Customer may apply for Card replacement and the administrative fees arising from the Card replacement must be borne by the Customer.
  12. The Bank shall be entitled to withdraw/cancel/close the Card in accordance with the provisions applicable to the Bank with notice to the Customer in the event of any of the following reasons:
    1. The Customer has neglected/disobeyed these General Terms and Conditions;
    2. The Customer dies;
    3. The Card has expired; or 
    4. Any other reason is in accordance with the provisions applicable to the Bank.

 

B. MANDIRI CASH AUTOMATED TELLER MACHINE (ATM) SERVICES AND CASH DEPOSIT MACHINE (CDM) SERVICES

  1. The Customer may use ATM/CDM services by using his/her own Danamon Debit/ATM Card and the Customer may make any Financial or Non-Financial Transactions at the ATM/CDM terminal in accordance with the type of transaction that had been determined by the Bank.
  2. The PIN used at the ATM terminal shall be the same as the PIN used in the CDM terminal according to the type of transaction.
  3. The Customer may not cancel/change any transaction that has been made through ATM or CDM for any reason and the transaction shall automatically bind the Customer upon instruction given through the ATM or CDM.
  4. The type of ATM Services shall be as stated in the marketing media (among others: brochures).
  5. The type of CDM Services, including:
    1. Cash Deposit via CDM:
      1. Using the type of money, denomination and currency that had been determined by the Bank with the maximum amount as determined by the Bank as stated in the information contained in the CDM terminal.
      2. Cash Deposit via CDM may be made to an Account connected to a Danamon Debit/ATM Card or the Customer’s Account of other Banks that is not linked to the Danamon Debit/ATM Card.
      3. The conditions of money acceptable to the CDM terminal shall follow the standard determined by the Bank as stated in the information contained in the CDM terminal. If there is a difference in the amount deposited in the CDM terminal and the amount recorded in the Bank system, a reasonable tracing will be conducted in advance by the Bank before it is recognized that the amount of cash deposit recorded in the Bank system becomes the evidence that binds the parties.
    2. Balance Check

    The Customer may check the final balance of the Account connected to the Customer’s Danamon Debit/ATM Card.

 

C. ELECTRONIC BANKING STATEMENT

  1. The Customer understands and agrees that with the Sub-mission of Electronic Account Statement (specifically for Transaction Evidence in the form of Statement), the delivery of monthly statement shall be made to the accounts con-tained in 1 CIF. Similarly, the delivery of product and service information provided by the Bank originally made by post/courier service.
  2. The Customer agrees that if the monthly Account Statement fails to be delivered to the Customer within a period of 2 (two) months (or within a certain period as determined by the Bank and will be notified to the Customer), the Bank shall be authorized to temporarily suspend the delivery of Electronic Account Statement until the Bank receives further instruction from the Customer. The Customer declares that all data/information given to the Bank relating to the Electronic Account Statement services (including but not limited to email address) is true and valid and becomes a lawful basis for the Bank in providing the Electronic Account Statement and the Bank is not obliged to examine and investigate the validity/correctness of the Customer's email address data and/or to ensure the accuracy of the receipt of the Electronic Account Statement by the Customer. For the Electronic Account Statement, the file sent is in the form of email attachment (PDF) and can be opened using the password in accordance with the provisions applicable to the Bank.
  3. If the Customer Account is a Dormant Account, the Customer must first activate the Account before making registration process of Electronic Account Statement. For Joint Account (with the "AND" and "OR" status), the Customer who is entitled to register, cancel and update the Electronic Account Statement data is the Customer who is registered in the Bank system as the primary account.
  4. The Customer guarantees and indemnifies the Bank from any liability, demands, lawsuits and claims, and from any party, including from the Customer him/herself, in con-nection with the implementation of Electronic Account Statement Services, including any delay in receipt, non-receipt of email and/or failure in transmission of email, which among others, caused by mistakes in giving email address data to the Bank, change of email address that is not notified to the Bank, the Customer's email for a some reason is not accessible (among others due to blocked or other causes), due to Force Majeure as referred to in item IV.D of these General Terms and Conditions and/or other causes that are beyond the control of the Bank and in this case the Bank has taken reasonable remedial measures in accordance with the prevalence in banking practice. 

 

D. HELLO DANAMON SERVICES

  1. The Customer hereby agrees that the provision of the Telephone PIN to the Customer and the activation of which shall be done in accordance with the provisions applicable to the Bank.
  2. The type of Hello Danamon services shall be tailored to the type of Bank products and policies listed on the marketing media published/provided by the Bank.
  3. The Customer’s instruction transmitted through IVR media provided by Hello Danamon shall be verified in accordance with the provisions of the Bank.
  4. If the Customer does not wish to use the Telephone PIN or Hello Danamon service, the Customer may apply for the closure of the Hello Danamon facility through the Bank’s Branches in accordance with the procedure applicable to the Bank.
  5. The Customer shall be obliged to immediately confirm and report to the Bank in case of suspicious action and to know any misuse of Hello Danamon's access by an authorized party.
  6. If the Customer's Danamon Debit/ATM Card is disabled in accordance with the Bank's provisions (due to loss/ damage/blocked/expired), the Customer cannot use the IVR service. The Customer may use such service after the debit card is replaced and/or reactivated.

 

E. SERVICE USING ACCESS CODES

Especially for banking service the verification process of which requires an Access Code to make transactions (i.e. ATM PIN, Telephone PIN, Token), the Customer shall be obliged to pay attention the following matters: 

  1. A Customer shall be obliged to change the Access Code that has been delivered by the Bank before making transaction for the first time and then ATM/Telephone PIN can be changed at any time. The new Access Code as a result of such change shall serve as the basis for the Bank's system verification of the Customer's transaction. And the Customer hereby indemnifies the Bank from all risks arising in connection with the changes and consequences arising out of the change of such Access Codes.
  2. If a Customer incorrectly enters the Access Codes so as to cause the Danamon Debit/ATM Card system to be rejected or unusable to make transactions, replacement and/or reactivation may only be made by contacting the Bank officer at the nearest Branch office and meeting the requirements as stipulated by the Bank.
  3. In the event that the Customer forgets the ATM PIN, the Customer shall be obliged to replace the Danamon Debit/ ATM Card at the nearest Bank Branch in accordance with the Bank's provisions. If he/she forgets the Telephone PIN, the Customer may make new Telephone PIN through ATM terminal.
  4.  The Customer shall keep the confidentiality and security of the Access Code in order not to be misused by unautho-rized parties, which are among others:
  1. Using Access Codes carefully so as not to be known by others, and not to notify PIN to any other parties including family members or Bank officers.
  2. Making changes to the Access Code periodically.
  3. Using Access Code which is not easy to guess (among other things: birth date or other identity).
  4. Do not record the Access Codes in a place that is easily known to others.
  5. Do not use the same Access Codes with other products/ services that also use Access Codes.

 

F. OTHER BANKING SERVICES

With regard to the other banking services that are not provided for or governed in these General Terms and Conditions, they shall be governed separately and shall constitute an integral and inseparable part of these Terms and Conditions.

 

 

G. SUBMISSION OF COMPLAINTS OVER THE BANKING SERVICES

  1. A Customer may file/submit a complaint over the banking transactions/services to the Bank (c.q. the nearest Bank’s Branch Office or Hello Danamon) verbally or in writing.
  2. In the event that a verbal complaint cannot be resolved or settled by the Bank within a period of 2 (two) Business Days, the Bank shall be entitled to request the Customer to file/submit a written complaint accompanied by supporting documents required by the Bank.
  3. The settlement of complaints will be handled and the notification of which will be submitted in writing to the Customer within a period of no later than 20 (twenty) Business Days as of the Customer submits a report or files a complaint to the Bank and the receipt of the relevant documents requested by the Bank in connection with the handling of the settlement of the complaint.
  4. In the event of certain conditions, the Bank shall be entitled to extend the complaint settlement period to the next 20 (twenty) Business Days, namely:
    1. The Bank Office that receives the complaint is not the same as the Bank Office where the problem was raised and there are communication constraints between the two Bank Offices.
    2. Financial transactions complained by the Customer and/or the Customer representatives require special research against the Bank’s documents and/or the transactions thereof related to the third parties.
    3. There is a Force Majeure as referred to in item IV.D of these General Terms and Conditions and/or there are other causes that are beyond the control of the Bank and in this case the Bank has taken reasonable remedial measures in accordance with the prevalence in banking practice.

     In respect of such extension, the Bank will notify the Customer in writing.

  5. The Customer shall be entitled to submit a dispute set-tlement through banking facilitation process or through an alternative dispute settlement institution facilitated by the Financial Services Authority in accordance with applicable laws and regulations.

 

 

IV. SPECIAL TERMS & CONDITIONS FOR ACCOUNTS AND BANKING SERVICESA. STATEMENT AND AUTHORIZATION 

  1. The Bank has the full authority to refuse or accept the applications for opening of Account and/or Bank services submitted by the Customer or prospective Customer. The Customer agrees that the data provided in connection with the application for opening of the Account and/or such Service shall not be returned to the Customer.
  2. The Customer hereby agrees to the following matters:
    1. The Customer's participation in the products and/or service of the Bank and/or product/service related transaction is at the initiative of the Customer him/ herself and there is no coercion from any party.
    2. The Bank reserves the right to examine the truth of the data provided by the Customer in the Account Opening Application/application to follow the Bank services/ similar application and has the right to request any additional data required by the Bank. The Customer guarantees that any data, information and signatures contained in the Form (including Account and/or services opened for the benefit of the Beneficial Owner) are true, complete and valid as well as binding on each type of Customer's Account and/or banking services.
    3. If at a later date there is any discrepancy in the data, and/or information provided by the Customer (including the identity and source of funds from the Beneficial Owner), the Bank shall be entitled and is fully authorized to refuse to execute the transaction instructed by the Customer or to reverse the tran-saction which has been executed and/or closure the Bank Account and/or services owned/selected by the Customer with prior notice.
    4. The Customer shall be obliged to immediately notify the Bank in writing supplied with any supporting docu-ments required for any change of address, telephone number, Taxpayer Identification Number (TIN), signature and other matters deviating from the data/information provided by the Customer to the Bank in connection with the Customer’s Account/services. For the purpose of altering such data, such altering may be made through Bank’s counters/Hello Danamon or any other media as determined by the Bank after authorization under the ATM PIN or signature. The Customer's negli-gence does not notify such change to the Bank shall be the full responsibility of the Customer.
    5. The Customer is fully responsible for any legal sanctions that may arise if at a later date the Bank/ Investigator/INTRAC or authorized institution to finds out that the data and/or information provided by the Customer (including the identity and source of funds from the Beneficial Owner) or the Customer's financial transaction is incorrect or allegedly derived from/ is the result of money laundering crime.
    6. The Customer shall be obliged to submit, from time to time, the data of the names and signatures specimen of the relevant authorities signing all documents necessary to access the data and administer the Account or provide instructions related to the Account and services selected by the Customer (either with regard to the Financial Transactions and Non Financial Transactions) the transactions of which are conducted through the Bank branch offices, Hello Danamon, ATM, CDM and/or other services, including power of attorney and other related documents in accordance with the provisions applicable to the Bank.
    7. The Customer guarantees that the party signing the documentation related to the opening of an Account and the operation of an Account and/or Services selected by the Customer is a party authorized and/or lawful proxy to sign, deliver and execute/implement the Bank transactions and/or services.
    8. The Bank has provided sufficient explanation about the characteristics of the products and/or service of the Bank to be utilized and the Customer has understood and comprehended all consequences of utilizing the Bank's products and/or service, including the benefits, risks and costs incurred in connection with the Bank's products and/or service.
  3. The Customer hereby states that the provision of infor-mation and/or data relating to the Accountholder and/or Account as well as the Customer's banking service (including the Beneficial Owner and/or the Ultimate Beneficial Owner) to the law enforcement officers or other authorized insti-tutions shall be conducted in accordance with the pre-vailing laws and regulations.
  4. The Customer hereby consents to the Bank to provide the Customer's personal data in case it is required to be given to the Police, Attorney Office, Court of Law, INTRAC, CEC, Tax Office or other authorized institutions in accordance with prevailing laws and regulations.
  5. If the Bank is to provide and/or disseminate the Customer's personal data to other parties outside the Bank and the Bank’s Companies Group, the Bank will request prior written approval from the Customer as referred to in the Customer's Data Form or in a separate document.
  6. The Customer hereby agrees that the verification of the Danamon Debit/ATM Card transaction shall be based on the verification of the ATM PIN and/or the Customer's signature in accordance with the limits and specifications of the product determined by the Bank. And the verification process based on the ATM PIN and/or signature as mentioned above is recognized by the Customer has the same legal force as that of the written order or instruction signed by the Customer and binds the Customer, unless it can be proven otherwise.
  7. The Customer hereby states that he/she is informed and fully aware of any risks arising from the transaction, either made through ATM/CDM, Merchant, or places designated by the Bank and fully responsible for all transactions that have been made, including in the event of misuse of the Account, Danamon Debit/ATM Card and/or banking service for any reason whatsoever, unless it can be proven that the losses incurred are due to Bank error/omission.
  8. The Customer hereby guarantees and indemnifies the Bank from any liability/demands/lawsuits/claims of any damages from anyone (including from the Customer him/herself), in respect of:
    1. Cancellation /termination /closure of Danamon Debit/ ATM Card in the event of the condition as referred to in item III.A.12.
    2. Execution or implementation of all instructions and transactions made either through electronic media or other media approved by the Bank.
    3. The existence of negligence, deliberate negligence, fraud committed by the Customer or other parties instructed by the Customer.
    4. The occurrence of the conditions as referred to in items IV.A.6 and 7.
  9. With regard to the Bank service relating to electronic information and transactions, the Customer hereby agrees to the following matters:
    1. The Bank shall be entitled to record each Customer's drawing, Customer's instruction transmitted through electronic media as well as the verification result of the Bank with the Customer or his/her authorized proxy in connection with the Account and/or banking service received by the Customer from the Bank. And the evidence of such record shall be approved as valid and binding evidence, unless it can be proven otherwise.
    2. The Bank reserves the right to use the existing infra-structure, manpower, systems/technology (both owned by the Bank or in cooperation with other parties) in making transactions and maintaining the security of communications, the Customer data or the transaction data.
  10. The Customer hereby states that he/she is subject to and be bound by these General Terms and Conditions, the terms and conditions pertaining to the Account and/or banking service, laws and regulations, and the prevalence of banking prevailing in the Unitary State of the Republic of Indonesia, as well as other provisions stipulated by the regulator in connection with Current Account, Savings Account, Deposits, ATM/CDM, FATCA provisions and other provisions relating to banking service provided by the Bank to the Customer (including but not limited to tran-sactions made through electronic media).
  11. All power or authorization granted by the Customer under these General Terms and Conditions shall be granted with the substitution rights and as long as the Customer's obligations to the Bank have not been fully fulfilled, such powers or authorizations shall not be revoked or will not expire for any reason whatsoever, including but not limited to the causes as referred to in Article 1813 (The granting of powers/authorizations shall be expired if such power of attorney or authorization granted to the authorized is revoked; by giving notice or notification of termination of power of attorney or authorization granted to the authorized, due to the death, the custody or the bankruptcy or insolvency of the authorizer or the authorized), Article 1814 (the Authorizer may revoke the power of attorney or authorization whenever he/she wants, and if there is any reason for it, compels the authorized to return the power of attorney or authorization he/she holds) and Article 1816 (the appointment of a new authorized, to exercise similar affairs, leads to the revocation of the first power of attorney or authorization, since it was notified to the last person about such appointment) of the Indonesian Civil Code and such power or attorney or authorizations shall constitute an integral and inseparable part of these General Terms and Conditions.
  12. The Customer hereby agrees that the Bank may assign/trans-fer the work to any third party (including the Bank’s companies group) to support the Bank's activities in providing products/service to the Customer, with due observance of the prevailing laws and regulations.

 

B. THE CUSTOMER'S RESPONSIBILITY FOR SETTLING HIS/HER LIABILITY

  1. If the Customer has liability to the Bank, either for the liability arising from the transactions which have not been completed by the Customer, either due to overdraft or liability arising under the Credit/Acknowledgement of Indebtedness  Agreement or other agreements made and entered into by and between the Customer and the Bank, the Bank shall be entitled and is hereby authorized by the Customer to block and/or debit and closure and/or disburse the Account on behalf of the Customer (either in the form of Current Account, Savings Account, Deposits) with the Bank, or to block and/or closure any banking service received by the Customer from the Bank, to be further accounted for by the Customer's liability owed to the Bank. Such power of attorney or authorization shall remain in force until all Customer’s liability to the Bank are settled.
  2. With regard to the existence and the amount of the Customer outstanding liability and shall be paid by the Customer to the Bank as referred to in item IV.B.1 above (whether due to: principal, interest, fines or other Bank charges), which is visible on the records/administration existing in the Bank, which is valid and binding evidences upon the Customer, and therefore the Customer hereby promises to fulfill/settle the liability immediately and in lump sum after receiving the first notice or notification from the Bank.

 

C. COST(S) AND ADMINISTRATIVE FEES

The Bank shall be entitled and is hereby authorized by the Customer to debit the Customer Account for payment of fees (administrative fees, stamp duty, fees in connection with the facilities desired by the Customer, telex fees, facsimile fees, fees and Account closing fees) and other fees applicable to the Bank as well as penalties (Customer's balance is below the minimum balance as determined by the Bank or any other reasons in accordance with the provisions of the Bank). The Bank shall inform the costs or fees inherent to the Bank's products/service and its changes to the Customer through a media determined by the Bank prior to the date of the debiting of the costs or fees. The amount and the implementation of debiting of such fee(s) shall be made in accordance with the Bank's provisions.

 

D. FORCE MAJEURE

The Customer agrees that the Bank is hereby indemnified from any liability for any claim or loss caused by the events that are beyond the control of the Bank (Force Majeure), including but not limited to sabotage, war, politics, the issuance of Government regulations/policies, natural disasters, riots, strikes, epidemics, fires, failures in the application of new technologies, and inability to use the Bank's equipment and/or services due to disasters caused by the equipment of the Bank expe-riencing electrical or communications interruption and the Bank in this case has taken reasonable remedial measures in accordance with the prevalence in banking practice.

 

E. APPLICABLE LAW AND JURISDICTION

  1. The validity, interpretation and implementation of these General Terms and Conditions shall be governed by and subject to the laws prevailing in the Unitary State of the Republic of Indonesia.
  2. The matters relating to these General Terms and Conditions and all consequences thereof, the Customer shall choose a permanent and general place of legal domicile at the Clerk’s Office of the Court of First Instance where the Branch Office Holding the Account is located as such without prejudice to the right of the parties to file a lawsuit before any other courts of law anywhere in Indonesia in accordance with the provisions of prevailing law.

 

F. MISCELLANEOUS

  1. These General Terms and Conditions shall constitute an integral and inseparable part of the Account Opening Application and/or application of banking facilities/ service for each product/service applicable to the Bank.
  2. If there is any provision in these General Terms and Conditions which, because of a Government or Court Provisions is prohibited or unenforceable or becomes invalid or declared null and void, it should not affect the validity of the other provisions of these General Terms and Conditions, and other provisions shall remain in effect and be binding as well as being enforceable as provided for in these General Terms and Conditions.
  3. In the event of any inconsistency between these General Terms and Conditions and the marketing medias (including but not limited to brochures, terms and conditions of products), the parties agree that the applicable provi-sions are as provided for in these General Terms and Conditions.
  4. In the event that the Accounts and/or Service related documents are made in Indonesian language and in English, if there is any discrepancy between the Indonesian and English versions, the Bank and the Customer hereby agree that the Indonesian version shall prevail.
  5. The Customer hereby agrees and acknowledges that the Bank has the right to improve/change/supplement these General Terms and Conditions (hereinafter referred to as the "Changes"). For such purpose, the Bank will notify the Customer within a reasonable period of time or those stipulated in the prevailing laws and regulations through the Bank branch offices and/or through other communication media in accordance with the data most recently recorded on the Bank.
  6. In the event of any change to these benefits, risks, costs, general terms and conditions, the Customer shall have the right to file his/her objection in writing to the Bank within a period of 30 (thirty) Business Days as from the notice of such change by the Bank through the communication media of the Bank. The Customer agrees that the Bank will consider the Customer agreeing to such changes in the event that the Customer does not file any objection as mentioned above.
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