Terms & Conditions - Baiduri Bank
Terms & Conditions - Baiduri Bank
Terms & Conditions - Baiduri Bank
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BAIDURI PERSONAL I-BANKING TERMS AND CONDITIONS<br />
A. GENERAL<br />
1. <strong>Baiduri</strong> <strong>Bank</strong> Group (“the <strong>Bank</strong>”) may at its sole and absolute discretion make<br />
available to customer who has opened one or more accounts with the <strong>Bank</strong><br />
(“the Customer”) the use of <strong>Baiduri</strong> Personal i-<strong>Bank</strong>ing in respect of or in<br />
connection with any of the account(s) of the Customer.<br />
2. The Customer may apply to the <strong>Bank</strong> for the use of the i-<strong>Bank</strong>ing Service, but<br />
the <strong>Bank</strong> reserves the right at its sole discretion to reject or accept such<br />
applications and the <strong>Bank</strong> is not obliged to respond to any request for<br />
information from unsuccessful applicants or to assign any reason for such<br />
rejection.<br />
3. The Customer may apply to i-<strong>Bank</strong>ing Service for joint account(s) provided that<br />
such joint account(s) is operated on a single signing authority basis (i.e. where<br />
the mandate to operate such account(s) allows either party to sign). The <strong>Bank</strong><br />
will not approve applications for the i-<strong>Bank</strong>ing Service in respect of joint<br />
account(s) if such joint account(s) requires two or more signatories to operate.<br />
4. The Customer must be of 18 years or above to qualify for the use of the i-<br />
<strong>Bank</strong>ing Service. Upon the acceptance of the Customer’s application, the<br />
<strong>Bank</strong> will link the Customer own account(s), joint account(s) and credit card<br />
account(s) as specified in the Customer’s application form and approved by<br />
the <strong>Bank</strong> to the i-<strong>Bank</strong>ing Service.<br />
B. FEES, INTEREST AND OTHER AMOUNTS<br />
1. The <strong>Bank</strong> may charge fees to the Customer from time to time for the provision<br />
of any service, software or equipment in connection with the i-<strong>Bank</strong>ing Service<br />
and in accordance with any fee schedule, letter or proposal from the <strong>Bank</strong><br />
from time to time. The customer shall pay to the <strong>Bank</strong> all fees, interest and<br />
other amounts due to or incurred by the <strong>Bank</strong> in respect of any service,<br />
software or equipment, free from deductions and exclusive of any tax from<br />
time to time in force, which will be the responsibility of the Customer. The<br />
Customer hereby authorizes the <strong>Bank</strong> to debit any of the Customer’s accounts<br />
with any of the aforesaid fees or charges.<br />
C. TERMINATION<br />
1. Either party may terminate the i-<strong>Bank</strong>ing Service by giving a written notice to<br />
the other and upon giving of such notice, the i-<strong>Bank</strong>ing Service shall be<br />
terminated immediately. A written notice given pursuant to this Clause shall<br />
be deemed given on the day of dispatch (if sent by hand) or within three (3)<br />
days of posting, if sent by pre-paid registered post.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
2. Upon such termination, the Customer shall return to the <strong>Bank</strong> all related user<br />
guide and other bank information supplied by the <strong>Bank</strong> to the Customer,<br />
within 5 business days of the termination of the Service. The <strong>Bank</strong> may (as<br />
appropriate) take immediate possession of all relevant bank information<br />
supplied by the <strong>Bank</strong> and all copies thereof, provided that the <strong>Bank</strong> has first<br />
requested its return and has given 5 business days’ written notice of its<br />
intention to take such possession.<br />
3. In the event any of the account(s) of the Customer which is linked to the i-<br />
<strong>Bank</strong>ing Service is terminated/ closed for any reason whatsoever, the i-<br />
<strong>Bank</strong>ing Service in relation to that account(s) shall be terminated<br />
concurrently, without any further notice to the Customer.<br />
4. All provisions of these terms and conditions, which by their nature should<br />
survive, such as warranty, disclaimers, limitations of liability, confidentiality,<br />
and governing law will survive termination of this service.<br />
D. TRANSACTIONS<br />
1. Transactions on the Customer’s accounts made through the i-<strong>Bank</strong>ing Service<br />
are subject to the following daily funds transfer limit and such limit imposed<br />
may be varied by the <strong>Bank</strong> from time to time at its absolute discretion. Subject<br />
to the <strong>Bank</strong>’s rights to vary the limits, the aggregate total maximum daily<br />
transfer and withdrawal limit for all the Customer’s accounts is<br />
BND20,000.00 (BRUNEI DOLLARS: TWENTY THOUSAND ONLY), which is<br />
apportioned to such services as follows:-<br />
2.<br />
a. Funds Transfer within <strong>Baiduri</strong> <strong>Bank</strong> Group, other local bank in Brunei<br />
and abroad via Telegraphic Transfer maximum BND15,000.00<br />
(BRUNEI DOLLARS: FIFTEEN THOUSAND ONLY) per day.<br />
b. Bill Payment, MCC Top up and Prepaid Top up - maximum<br />
BND5,000.00 (BRUNEI DOLLARS: FIVE THOUSAND ONLY) per day.<br />
The Customer may specify a higher maximum daily limit subject to the<br />
condition that the Customer takes full responsibility for the higher limit<br />
the Customer has set.<br />
3. The <strong>Bank</strong> is not obliged nor liable to make such payments or transfers in<br />
respect of or in connection with any transactions performed or effected by the<br />
Customer if the Customer has not maintained sufficient funds in the<br />
Customer’s account(s) specified by the Customer at the time the transaction<br />
is performed or effected. The Customer should ensure that there are sufficient<br />
funds in the specified Customer’s account(s) with the <strong>Bank</strong> before completing<br />
or effecting transactions.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
4. In respect of payments, remittances or fund transfers to other banks or<br />
organizations, the <strong>Bank</strong> is not under any obligation whatsoever to the<br />
Customer to verify or check the accuracy or correctness of the account<br />
numbers or the identity of the account holders of any account with other bank<br />
or organization (whether accounts belong to the Customer or otherwise).<br />
Where payments, remittances and/or funds transfers are made to other<br />
banks and /or organizations, the <strong>Bank</strong> shall not be responsible for any loss,<br />
claim and/or damage caused to or suffered by the Customer or any other third<br />
party arising from non-acceptance or rejection by the receiving banks or<br />
organizations or any failure, delay or error by the receiving banks or billing<br />
organizations in crediting the account of the payee or beneficiary as specified<br />
by the Customer).<br />
5. The <strong>Bank</strong> reserves the right at any time and from time to time to, without<br />
giving prior notice, (i) set, vary or cancel monetary limits as specified in clause<br />
1 above; and/or (ii) amend, change and vary the terms and conditions for any<br />
transactions, facilities, services and products that may be carried out through<br />
the use of the i-<strong>Bank</strong>ing Service.<br />
6. Any transaction instructed by the Customer to be made, performed, processed<br />
or effected by with or through the use of the i-<strong>Bank</strong>ing Service prior to the<br />
relevant cut-off time as designated by the <strong>Bank</strong> from time to time at its sole<br />
discretion on any given day will in most cases be effected, entered, shown or<br />
recorded in the <strong>Bank</strong> on the same day. Transactions may take longer to be<br />
processed and effected if they are instructed after the cut-off time, or<br />
instructed on a Saturday, Sunday, public holiday or a non-banking day or if the<br />
other receiving banks or billing organizations do not process the transactions<br />
as soon as they receive the details of such transactions.<br />
7. The <strong>Bank</strong> reserves the right to decline, refuse or to delay the performance of<br />
any transaction requested by the Customer through the i-<strong>Bank</strong>ing Service for<br />
any reason whatsoever (including but not limited to where there is a<br />
suspected breach of security, or if a requested transaction exceeds the<br />
maximum limit) and the <strong>Bank</strong> is not liable to the Customer for such refusal or<br />
delay.<br />
E. SECURITY AND CONFIDENTIALITY<br />
1. The <strong>Bank</strong> has no duty to check for and shall not be liable for, errors or<br />
omissions made by the Customer or the duplication of any instruction by the<br />
Customer.<br />
2. The <strong>Bank</strong> may refuse to execute any instruction where the <strong>Bank</strong> reasonably<br />
doubts its contents, authorization, origination or its compliance with the<br />
procedures.<br />
3. If the Customer informs the <strong>Bank</strong> that the Customer wishes to recall, cancel or<br />
vary an instruction after it has been received by the <strong>Bank</strong>, the <strong>Bank</strong> may (but<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
is not obliged to) use its reasonable efforts to assist the Customer to do so,<br />
and shall not be liable for any loss, cost or expense suffered by the Customer<br />
if the <strong>Bank</strong> does not or is unable to vary, cancel or recall that instruction. The<br />
Customer hereby agrees to indemnify the <strong>Bank</strong> against any loss, liability,<br />
claim or expense (including legal fees) it may incur in connection with<br />
assisting the Customer to recall, cancel or varying an instruction.<br />
4. The Customer is advised not to give instructions or directions to the <strong>Bank</strong> to<br />
perform a transaction or otherwise or in respect of any matter concerning the<br />
Customer’s accounts via e-mail. The <strong>Bank</strong> is under no obligation whatsoever<br />
to the Customer to act on any instructions or directions received via e-mail or<br />
to reply to any e-mail inquiries (whether digitally signed or not) from the<br />
Customer.<br />
5. Once the Customer’s application to use i-<strong>Bank</strong>ing Service has been approved<br />
by the <strong>Bank</strong>, the <strong>Bank</strong> will provide the Customer with the <strong>Baiduri</strong> Personal i-<br />
<strong>Bank</strong>ing Service Personal Identification Number (PIN), User ID and Token. The<br />
Customer is allowed access to the Service and to perform any available<br />
banking transaction once the PIN, User ID and Token ID are correctly keyed in<br />
by the Customer and the Customer has agreed with terms and conditions<br />
stated therein.<br />
6. The <strong>Bank</strong> may at anytime at its sole and absolute discretion terminate,<br />
suspend or vary any service provided under the i-<strong>Bank</strong>ing Service or invalidate<br />
or replace any of the PIN, User ID and Token without assigning any reason and<br />
without prior notice to the Customer and shall not be liable or responsible for<br />
any loss or damage suffered by or caused by the Customer arising out or<br />
connected with or by reason of such termination, suspension, variation,<br />
invalidation or replacement.<br />
7. The PIN, User ID and Token shall only be used by the Customer of the i-<br />
<strong>Bank</strong>ing Service to whom the PIN, User ID and Token are issued and provided<br />
to the Customer at the request of the Customer. Authorization by the<br />
Customer to a third party to collect the PIN, User ID and Token will not be<br />
allowed by the <strong>Bank</strong>.<br />
8. The Customer shall exercise extreme care and precaution to prevent the<br />
disclosure or unauthorized use by third parties of the PIN, User ID and Token.<br />
The token shall be kept in a secure place under lock and key by the Customer<br />
if not used.<br />
9. The Customer shall notify the <strong>Bank</strong> immediately if any of the PIN, User ID or<br />
Token is disclosed to or used by (or is suspected to be disclosed to or used by)<br />
unauthorised third parties, or is lost or misplaced through theft or otherwise.<br />
Until such notification is actually communicated to the <strong>Bank</strong> (which<br />
notification is deemed communicated to the <strong>Bank</strong> upon the Customer<br />
submitting to the <strong>Bank</strong> the duly completed form as specified by the <strong>Bank</strong> and<br />
signed by the Customer), the Customer shall remain responsible for all<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
transactions conducted through the i-<strong>Bank</strong>ing Services by any unauthorised<br />
person or for any unauthorised purpose and the <strong>Bank</strong> is not responsible for<br />
such loss or damage suffered by the Customer.<br />
10. The Customer must not leave the computer terminal unattended nor allow any<br />
third party to use the computer terminal once logged on to the i-<strong>Bank</strong>ing<br />
Service. If the Customer leaves the computer terminal, the Customer must log<br />
off the i-<strong>Bank</strong>ing Service first. The Customer shall ensure that the Customer<br />
has logged off from the i-<strong>Bank</strong>ing Service at the end of every session.<br />
11. In the case of a joint account, if the Customer to whom the PIN, User ID and<br />
Token were issued by the <strong>Bank</strong> is no longer a joint account holder, the<br />
Customer shall immediately notify the <strong>Bank</strong> and notwithstanding such<br />
notification, the Customer shall be jointly and severally responsible and liable<br />
for any transaction performed or effected through the joint account prior to<br />
and up to the date of receipt of such notification by the <strong>Bank</strong> (which<br />
notification is deemed communicated to the <strong>Bank</strong> upon the Customer<br />
submitting to the <strong>Bank</strong> the duly completed form as specified by the <strong>Bank</strong> and<br />
signed by the Customer).<br />
12. In the event that any of the Customer’s PIN, User ID or Token is exposed,<br />
stolen or lost due to any unauthorized or other hardware device(s) attached or<br />
loaded and/or software program(s) loaded or installed to/in computer or<br />
device which is used to access the i-<strong>Bank</strong>ing Service, the <strong>Bank</strong> shall not be<br />
responsible nor liable for any loss, damage, embarrassment thereby incurred<br />
or suffered (whether directly or indirectly) by the Customer for any transaction<br />
that was initiated before the loss or the compromise is actually communicated<br />
to the <strong>Bank</strong>. Reports of such loss or compromise to the <strong>Bank</strong> shall be deemed<br />
communicated to the <strong>Bank</strong> upon the Customer submitting to the <strong>Bank</strong> the<br />
duly completed form as specified by the <strong>Bank</strong> and signed by the Customer).<br />
13. The <strong>Bank</strong> is not responsible to prove that any unauthorized transaction is due<br />
to the above security breach. The Customer is solely responsible for the<br />
performance and protection of any internet browser used in connection with<br />
the i-<strong>Bank</strong>ing Service including adoption of security measures recommended<br />
from time to time by the providers of such browsers.<br />
F. LIABILITY AND INDEMNITY<br />
1. The Customer shall notify The <strong>Bank</strong> immediately upon receipt of data or<br />
through the i-<strong>Bank</strong>ing Service that is not intended for the Customer. The<br />
Customer agrees that all such data or information shall be deleted from the<br />
Customer’s computer system immediately and such data or information shall<br />
not be used or disclosed by the Customer.<br />
2. The Customer shall notify the <strong>Bank</strong> immediately if the Customer believes,<br />
suspects or knows of any unauthorised access to the i-<strong>Bank</strong>ing Service or any<br />
unauthorised transaction or of a breach or potential breach of security to the i-<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
<strong>Bank</strong>ing Services, and the <strong>Bank</strong> shall not be responsible or liable for loss<br />
damage or embarrassment caused to the Customer arising from the above.<br />
3. The token is the property of the <strong>Bank</strong> at all times. Upon termination of the use<br />
of the i-<strong>Bank</strong>ing, the Customer shall return the token to the <strong>Bank</strong> immediately.<br />
The <strong>Bank</strong> may levy a charge as the <strong>Bank</strong> shall decide for the loss or<br />
replacement of token.<br />
4. The <strong>Bank</strong>’s records and any records of the instructions, communication,<br />
operations made or performed, processed or effected through i-<strong>Bank</strong>ing<br />
Service by the Customer or any person purporting to be the Customer with or<br />
without the Customer’s consent or any record or transactions carried out by<br />
the <strong>Bank</strong> or any person authorized by the <strong>Bank</strong> i-<strong>Bank</strong>ing Service shall be<br />
binding and conclusive on the Customer for all purposes whatsoever and shall<br />
be conclusive evidence of such transactions and the Customer’s liability to the<br />
<strong>Bank</strong>, and the Customer agrees not to dispute the validity, accuracy or<br />
authenticity of any such records and evidence.<br />
5. The Customer’s instructions to the <strong>Bank</strong> effected through the i-<strong>Bank</strong>ing<br />
Service shall be irrevocable and binding on the Customer upon transmission<br />
of the same by the Customer.<br />
6. The <strong>Bank</strong> shall not be responsible or liable for any loss, damage or<br />
embarrassment incurred or suffered by the Customer in relation to or in<br />
respect of any instructions, operations or transactions effected by the<br />
Customer or purported to be effected by the Customer using i-<strong>Bank</strong>ing Service<br />
howsoever caused, including but not limited to, the Customer’s noncompliance<br />
with Service instructions, the <strong>Bank</strong> inability to provide the Service<br />
as a result of malfunction partial or total failure of any software programs,<br />
data processing systems, security systems, computer tele-transmission or<br />
telecommunications systems the <strong>Bank</strong>, any bank, financial institution or any<br />
person or organization involved in the above mentioned systems or other<br />
circumstances beyond the <strong>Bank</strong>’s control, including but not limited to<br />
disruption of business or operations, Acts of God, war, warlike hostilities, riots,<br />
blockades, electrical power failure, spamming, virus attacks, hacking, strikes<br />
and embargoes and the Customer’s inaccurate keying in of instruction.<br />
7. The Customer undertakes to indemnify the <strong>Bank</strong> from and against and in<br />
respect of all liabilities, losses, damages charges and expenses (including<br />
legal fee and costs on a full indemnity basis) claims demands actions and<br />
proceedings which the <strong>Bank</strong> incurs or sustains directly or indirectly from or by<br />
reason of or in relation to the use, misuse or purported use of misuse of i-<br />
<strong>Bank</strong>ing Service, due to failure of software, failure of security or failure of<br />
computer peripheries as provided by any third party, which occurred to the<br />
computer terminal where the i-<strong>Bank</strong>ing Service is accessed from, and shall<br />
pay such monies to the <strong>Bank</strong> immediately on demand.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
8. The Customer acknowledges and agrees that the <strong>Bank</strong> has the sole and<br />
exclusive ownership and rights including all intellectual property rights in and<br />
to the <strong>Bank</strong>’s i-<strong>Bank</strong>ing Service, including, without limitation to the <strong>Bank</strong>’s<br />
website, the i-<strong>Bank</strong>ing Service website and all contents and any updates<br />
thereof.<br />
9. The <strong>Bank</strong> shall be under no liability for any damage, loss or expense, suffered<br />
or incurred by the Customer due to any unsuccessful transaction using the i-<br />
<strong>Bank</strong>ing Service for any reason whatsoever. For the avoidance of doubt, the<br />
<strong>Bank</strong> shall not be liable to compensate the Customer for any loss of interest<br />
due to the unsuccessful transaction using the i-<strong>Bank</strong>ing Service.<br />
10. The Customer shall not post or transfer to the <strong>Bank</strong>’s i-<strong>Bank</strong>ing website (nor<br />
include in any message) any material which is obscene, misleading,<br />
inaccurate, defamatory, illegal, in breach of any copyright or other intellectual<br />
property right, or damaging to data, software or the performance of our or any<br />
other parties’ computer system. The Customer shall indemnify the <strong>Bank</strong> in<br />
respect of any liabilities, losses, expenses, or other costs whatsoever incurred<br />
as a result of a breach of the Customer’s obligations under this clause,<br />
including but not limited to, any claims made against the <strong>Bank</strong> by any third<br />
party.<br />
G. RESPONSIBILITY<br />
1. The <strong>Bank</strong> does not guarantee access to any communications, processing or<br />
transaction system including that provided by the <strong>Bank</strong> and accepts no<br />
liability to the Customer for any period when any such communication system<br />
is unavailable or disrupted or for any related delays or disruption. The<br />
Customer is solely responsible for all consequences arising from or in<br />
connection with the use of the i-<strong>Bank</strong>ing Service and the reliance on any<br />
information or report contained herein.<br />
2. The <strong>Bank</strong> reserves the right, without prior notice to the Customer, to change<br />
revise or modify the terms and conditions herein, the services provided<br />
and/or any fees to be imposed, at any time and from time to time hereafter,<br />
and the Customer shall be bound by all changes made. The Customer agrees<br />
that the use of the i-<strong>Bank</strong>ing Service is also subject to the <strong>Bank</strong>’s standard<br />
terms and conditions governing accounts opened with the <strong>Bank</strong>, which shall<br />
prevail in the event of any discrepancy between such terms and the terms of<br />
this Service.<br />
3. The terms herein shall be governed by and construed in accordance with the<br />
applicable laws of Brunei Darussalam in effect for the time being and the<br />
Customer hereby submits to the non-exclusive jurisdiction of Brunei<br />
Darussalam courts.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
BANK’S STANDARD TERMS AND CONDITIONS GOVERNING BANK ACCOUNTS<br />
A. AGREEMENT BY CUSTOMER<br />
1. The account holder (“the Customer”) agrees to be bound and limited by the<br />
following terms and conditions governing the use of all savings, current and<br />
fixed deposit accounts in local and/or foreign currencies (to be referred to as<br />
“savings account”, “current account”, and “fixed deposit account(s)”<br />
respectively or accounts by other name or howsoever called and collectively<br />
known as the “Account(s)” and references to “Account(s)” may mean one or<br />
more account(s) from time to time maintained with <strong>Baiduri</strong> <strong>Bank</strong> Berhad (“the<br />
<strong>Bank</strong>”).<br />
B. ACCOUNTS<br />
1. Cheque books will only be issued for Brunei Dollar current account. The <strong>Bank</strong><br />
may impose initial or minimum deposit requirements in relation to any current<br />
account. The customer agrees to abide by such initial or minimum deposit<br />
requirements failing which the Customer agrees to pay any penalty or service<br />
charge imposed and charged by the <strong>Bank</strong> from time to time without prior<br />
notice. The Customer also agrees to pay any stamp duty to the Brunei<br />
Government as required by the Brunei Government from time to time.<br />
2. When drawing cheques, the Customer shall be bound by the conditions<br />
subject to which cheque books are issued as printed on the inside cover of<br />
the cheque book and the Customer shall:<br />
a. keep all cheques, cheque books and company chops/seals in a safe<br />
and secure place under lock and key at all times;<br />
b. draw cheques in Brunei dollars only;<br />
c. clearly state the amount in words and figures in the spaces provided<br />
on the cheque;<br />
d. write words and figures close to the left-hand margin so that other<br />
words and figures cannot be inserted and add the word “only” after the<br />
amount stated in words;<br />
e. acknowledge the need to exercise care when drawing cheques and<br />
agree not to draw cheques by any means which may enable the<br />
cheques to be altered in a manner which is not readily detectable;<br />
f. not to pre-sign incomplete cheques as this may lead to its fraudulent<br />
use;<br />
g. draw cheques only when there is sufficient funds in the current<br />
account failing which the <strong>Bank</strong> shall have the absolute discretion to<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
honour or dishonour such cheques and to impose penalty or service<br />
charge for any action taken. If the <strong>Bank</strong> decides to honour the<br />
cheques, Clause 12 of the <strong>Terms</strong> and <strong>Conditions</strong> herein shall apply;<br />
h. not to use electronic typewriter/pen with erasable ink to write cheques;<br />
3. In the event that the Customer loses any cheque book or cheque(s), whether<br />
through theft or otherwise, the Customer shall report such loss to the <strong>Bank</strong><br />
immediately, whereupon the <strong>Bank</strong> shall be entitled (but not obliged) to stop<br />
payment on all such cheques and to levy on the Customer and debit the<br />
Account with an administrative charge therefore of such amount as the <strong>Bank</strong><br />
may deem appropriate. Without prejudice to any other provision of these<br />
<strong>Terms</strong> and <strong>Conditions</strong>, the Customer’s failure to report such loss to the <strong>Bank</strong><br />
or to comply with the other requirements of this agreement would result in the<br />
<strong>Bank</strong> not being responsible or liable to the Customer for any fraudulent,<br />
forged or wrongful use of such cheques and any loss to the Customer arising<br />
as a result thereof.<br />
4. Notice of stop payments must be in writing by letter to the <strong>Bank</strong> or through<br />
any of the authorized <strong>Bank</strong>ing channel i.e. internet banking, and in<br />
accordance with the account mandate and must be specify in full particulars<br />
of the cheque involved, provided that the <strong>Bank</strong> may at its sole discretion and<br />
without any obligation to do so or undertaking any liability by doing so, accept<br />
verbal instruction to stop payment. In the latter case, the Customer must<br />
follow up with a letter of stop cheque instruction to be received by the <strong>Bank</strong><br />
within three (3) working days after the giving of such verbal instructions,<br />
failing which the <strong>Bank</strong> shall not be liable for any loss arising. In all cases, the<br />
<strong>Bank</strong> shall not be liable if the cheque(s) in question have already been paid or<br />
debited to the account prior to the <strong>Bank</strong>’s actual receipt of the written stop<br />
payment instruction.<br />
5. The Customer shall promptly notify the <strong>Bank</strong> in writing of any variation in his<br />
signature or that of the authorized signatories, the authorized manner of<br />
signing or the signature requirements. The <strong>Bank</strong> shall be entitled to a<br />
reasonable period of time (of less than seven (7) business days from receipt)<br />
to process such notification of change.<br />
6. The <strong>Bank</strong> shall be entitled in its absolute discretion to dishonour any cheque<br />
bearing a signature different from the specimen signature of the Customer or<br />
authorized signatory (as the case may be) or not signed in the authorized<br />
manner or not drawn in accordance with the signature requirements<br />
prevailing at the time of presentation.<br />
7. Any alterations on cheques must be countersigned by the full and complete<br />
signature conforming to the specimen signature of the Customer or<br />
authorized signatory (as the case may be in accordance with the signature<br />
requirements). The <strong>Bank</strong> shall be entitled, in its absolute discretion, dishonour<br />
cheques where alterations are not countersigned.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
8. Payments made by the <strong>Bank</strong> on the basis of a cheque or other financial<br />
instrument or a withdrawal or appropriate form bearing signatures which on<br />
the face of it appear to ba similar to the authorized signature(s) shall be<br />
effective, valid and binding on the Customer and the <strong>Bank</strong> shall not be liable<br />
to the Customer in respect of such payment not withstanding that the<br />
signatures may have been forged or obtained fraudulently or without authority<br />
or where the alteration and/or forgery is due to the act, omission, negligence<br />
or default to the Customer.<br />
9. The <strong>Bank</strong> is authorised (but not obliged) to accept instruction given by telex,<br />
facsimile, transmission, telegraph, cable or telephone (collectively “oral<br />
instruction”) from or purporting to be from Customer, with or without separate<br />
independent verification by the <strong>Bank</strong>’s Officers as to the genuineness of such<br />
oral instructions, as long as the <strong>Bank</strong>’s Officer receiving or acting on such oral<br />
instructions is satisfied as to the genuineness of such oral instructions. The<br />
Customer shall be bound by any act or omissions taken by the <strong>Bank</strong> in<br />
reliance on such oral instructions, regardless of whether such oral instructions<br />
have been given by someone other that the Customer or without the<br />
Customer’s authority or consent and not withstanding that such oral<br />
instructions are forged, fraudulent, ambiguous or misunderstood. Provided<br />
that the <strong>Bank</strong>’s officer receiving or acting on such oral instruction is satisfied<br />
as to their genuineness and has acted in good faith thereon.<br />
10. Any cheque deposited (whether through the use of ATMs or otherwise) shall<br />
be accepted for collection only and the proceeds shall not be available to the<br />
Customer until the cheque has been verified and cleared.<br />
11. In the event whereby credit facilities are granted to a Customer account, the<br />
<strong>Bank</strong> is not required to honour any cheques drawn by the Customer, drafts,<br />
orders to pay or transfer, bills of exchange and promissory notes or any<br />
payments, withdrawals, interest, commissions and charges if the credit limit<br />
would be exceeded as a result. Without prejudice to foregoing, if the <strong>Bank</strong><br />
shall at its absolute discretion honour any cheques, drafts, orders to pay or<br />
transfer, bills of exchange and promissory notes or any payments,<br />
withdrawals, interest, commissions and charges notwithstanding such excess,<br />
the <strong>Bank</strong> may do so without prior approval from or notice to the Customer and<br />
the resultant excess together with interest, commissions and charges, will be<br />
immediately repayable upon demand by the <strong>Bank</strong>. Interest on the excess<br />
which shall be charged at the <strong>Bank</strong>’s discretion. The Customer will indemnify<br />
and keep the <strong>Bank</strong> indemnified in full against all legal and other costs<br />
incurred by the <strong>Bank</strong> for recovery of the excess.<br />
12. The <strong>Bank</strong> may at its discretion, debit an accounts with any cheques drawn by<br />
the Customer, drafts, orders to pay or transfer, bills of exchange and<br />
promissory notes or any payments, withdrawals, interest, commissions and<br />
charges, if this would result in a debit balance or an overdrawn position in the<br />
Account(s) and the <strong>Bank</strong> may do so without prior approval from or notice to<br />
the Customer, In the event that the Account(s) is overdrawn, all overdrawing<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
together with interest, commissions and charges will be immediately<br />
repayable upon demand by the <strong>Bank</strong>. Interest shall be charged at the <strong>Bank</strong>’s<br />
discretion. The Customer will indemnify and keep the indemnified in full<br />
against all legal and other costs incurred by the <strong>Bank</strong> for recovery of the<br />
overdrawings.<br />
13. Any unpaid interest shall be capitalized at the end of each calendar month<br />
and added to the principal amount then owing for the purpose of calculating<br />
interest subsequently.<br />
14. The <strong>Bank</strong> reserves the right to close any Account(s) with a zero balance for<br />
two consecutive months or which remains inactive (credit entries of interest<br />
payment are not considered as customer activity) for such continuous period<br />
of time as may be determined at the discretion of the <strong>Bank</strong>.<br />
15. Interest at such rates prescribed by the <strong>Bank</strong> from time to time is calculated<br />
on the minimum daily balances or on such balances and at such period as the<br />
<strong>Bank</strong> thinks fit from time to time. Interest earned will be credited to the<br />
savings account monthly but an account whose minimum daily balance or<br />
specified balance falls below the specified amount as set out by the <strong>Bank</strong><br />
from time to time will not be credited with interest for the particular month.<br />
The <strong>Bank</strong> shall be entitled to change the interest rates or interest structure or<br />
the method or frequency of calculating interest from time to time without<br />
notice to Customer, on all accounts except fixed deposit account(s) during<br />
their tenure.<br />
16. Withdrawals from a savings account may be made at the counter by the<br />
Customer on demand during normal banking hours and any payment made by<br />
the <strong>Bank</strong> to a person producing the passbook savings (“passbook”), and a<br />
withdrawal form purporting to be signed by the Customer shall have the same<br />
effect as if made by the Customer personally and will absolve the <strong>Bank</strong> from<br />
all liabilities to the Customer or to any other party. Withdrawals may not be<br />
made by means of cheques.<br />
17. Every Customer who has been provided by the <strong>Bank</strong> with a passbook must<br />
present it for every withdrawal at the counter. No entries may be made in the<br />
passbook by the customer. Passbooks should be presented to the <strong>Bank</strong> as<br />
and when required by the <strong>Bank</strong> for any interest or unposted items to be<br />
entered. The passbook is not transferable or assignable and cannot be<br />
pledged or otherwise used as security. The Customer should examine the<br />
passbook after each deposit or withdrawal transaction before leaving the<br />
counter, to ensure that appropriate entry has been made therein. If no error is<br />
reported by the Customer within 14 days from the date of the transaction(s),<br />
then the transaction(s) is deemed to have been accepted by the Customer<br />
and to be correct and true and the <strong>Bank</strong> shall be free from all claims and<br />
liability in respect of such transaction(s).<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
18. Passbook should be kept in a secure place under lock and key. In the event of<br />
the loss of passbook, the <strong>Bank</strong> may require the Customer to lodge a police<br />
report and immediate notice must be given to the <strong>Bank</strong> of the loss. The <strong>Bank</strong><br />
may at its discretion close the account and transfer the existing credit sum to<br />
a new or existing account. The Customer is required to sign a letter of<br />
indemnity to the <strong>Bank</strong> indemnifying the <strong>Bank</strong> against all losses and damages<br />
resulting from Customer’s loss of passbook. The <strong>Bank</strong> may impose a charge<br />
for the replacement of a new passbook.<br />
19. The passbook is for the Customer’s reference and does not necessarily<br />
indicate the correct balance of the account as deposits or withdrawals may<br />
have been made or items charged without entry in the passbook. In the event<br />
of discrepancies between the <strong>Bank</strong>’s records and the entries in the passbook,<br />
the <strong>Bank</strong>’s record shall prevail.<br />
20. Account(s) which is inactive for a period of time as prescribed by the <strong>Bank</strong> will<br />
be transferred to “DORMANT” status. The <strong>Bank</strong> reserves the right to impose<br />
services charges on inactive Account(s), such service charges to be<br />
determined at the sole of discretion of the <strong>Bank</strong>. Such service charges may be<br />
debited from the Accounts without the consent of the Customer at the <strong>Bank</strong>’s<br />
sole discretion. The Customer may reactivate such inactive account(s) by<br />
notifying the <strong>Bank</strong> in person.<br />
21. For Account(s) opened by a guardian in the name of minors (whether or not<br />
jointly with the guardian), the <strong>Bank</strong> will act on the instructions received from<br />
the guardian named on the account form, unless the <strong>Bank</strong> receives written<br />
notice to the contrary from the guardian or the relevant authorities or an order<br />
of court, but provided always that when the minor subsequently attains the<br />
age of eighteen, the <strong>Bank</strong> may at the <strong>Bank</strong>’s sole discretion, upon receipt of a<br />
written instruction or notice from the minor, operate and deal with the said<br />
Account(s) exclusively in accordance to the instructions of the minor without<br />
regard to any contradictory instructions received from the guardian and the<br />
<strong>Bank</strong> shall not be liable to the guardian for the same.<br />
22. In respect of any Account(s) that is foreign currency, the <strong>Bank</strong> shall have the<br />
right to pay to the Customer on withdrawal by cash and/or cheque in the<br />
required and/or in any other currency to be determined by the <strong>Bank</strong> at the<br />
<strong>Bank</strong>’s absolute discretion. Withdrawals in foreign currency cash are further<br />
subjected to availability of the currency in question. Commission in lieu of<br />
exchange may be applicable for withdrawals or deposit of cash in the same<br />
foreign currency.<br />
23. All transactions relating to the fixed deposits account(s) are accepted subject<br />
to the transaction hours set by the <strong>Bank</strong> from time to time for such deposits.<br />
Withdrawal of fixed deposits before the due date subject to approval by the<br />
<strong>Bank</strong> will be at the <strong>Bank</strong>’s sole discretion and shall be subjected to the<br />
forfeiture of any interest and reimbursement of expenses incurred by the<br />
<strong>Bank</strong> and the payment of any additional costs for redeploying funds in the<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
market as the <strong>Bank</strong> may think fit and such amounts may be deducted from<br />
the principal deposit sum before repayment of the balance.<br />
24. The <strong>Bank</strong> will send to the Customer periodically a Statement of Account<br />
showing the transactions and balances in relation to the Account(s) and other<br />
banking services as specified by the <strong>Bank</strong> from time to time. The Customer<br />
agrees to examine and verify the correctness of each statement of account<br />
and the transactions stated therein and notify the <strong>Bank</strong>, within 14 days of<br />
such Statement of Account, in writing, of any alleged errors or omissions<br />
therein arising from whatever cause (including but without limitation from<br />
forgery, fraud, lack of authority or negligence of any person), failing which the<br />
Statement of Account shall be conclusive evidence as the balance shown<br />
therein and be binding on the Customer and the Customer shall be deemed to<br />
have waived any rights to raise objections or pursue remedies against the<br />
<strong>Bank</strong> relating thereto, and the <strong>Bank</strong> shall be free from all claims in respect of<br />
the Account(s).<br />
25. <strong>Bank</strong> may at any time rectify errors or omissions in any statement or advice or<br />
passbook and any statement or advice or passbook so rectified shall be<br />
binding on the Customer. The <strong>Bank</strong> has the right to demand refund of and/or<br />
debit any account of customer with the bank without notice or consent of the<br />
Customer for any overpayment into the account(s) arising from such errors or<br />
omissions.<br />
C. GENERAL<br />
1.<br />
a. The <strong>Bank</strong> may at its sole discretion impose from time to time such<br />
charges as it may determine for services rendered and is authorised to<br />
debit the Account(s) of the Customer with all such charges. Such<br />
charges shall not be refunded by the <strong>Bank</strong> upon termination of any or<br />
all of the Account(s). The Customer accepts the charges as laid down<br />
in the <strong>Bank</strong>’s tariffs, which may be amended from time to time.<br />
b. The <strong>Bank</strong> shall have no obligation to notify the Customer of the<br />
amounts or rates of any charges levied in respect of the Account(s) or<br />
of the interest structure, interest calculations, or interest rate(s) or the<br />
debit or credit balances in the Account(s), or of any changes in any of<br />
the foregoing. The onus is on the Customer to check with the <strong>Bank</strong> on<br />
such charges and rates.<br />
c. If the <strong>Bank</strong> retains solicitors or engages a legal firm to enforce or<br />
protect any of its rights or advise it on any dispute relating to the<br />
Account(s), whether or not judicial or other proceedings are actually<br />
taken, the Customer shall indemnify the <strong>Bank</strong> for all costs, fees and<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
charges arising therefrom or incidental thereto (including but without<br />
limitation to legal costs and expenses on full indemnity basis).<br />
2. The <strong>Bank</strong> reserves the right to destroy any cheques relating to the Account(s)<br />
after scanning of the cheques. The Customer agrees that a production of an<br />
image of the cheques shall be sufficient to verify transactions on the cheques<br />
in the event of dispute.<br />
3. If the Account(s) is in the names of more than one person:-<br />
a. each such person shall be deemed to be an Account(s) holder for the<br />
purposes of these terms and conditions;<br />
b. the obligations of the Joint Account(s) holders or partners of any<br />
business partnership accounts in respect of the Account(s) and<br />
hereunder shall be joint and several;<br />
c. unless otherwise expressly provided in the <strong>Terms</strong> and <strong>Conditions</strong><br />
herein, the <strong>Bank</strong> is hereby authorized by each Joint Account(s) holder<br />
or partners of any business partnership accounts to honour all<br />
cheques, telephone instructions, directions, other instruments and<br />
transactions signed and effected by the Joint Account(s) holders or the<br />
partners or their authorized signatories in accordance to the Account(s)<br />
mandate;<br />
d. the <strong>Bank</strong> may credit the Account(s) with items collected on behalf of<br />
any one or more Account(s) holders;<br />
e. any notice given to one Joint Account(s) holder shall be deemed<br />
sufficient notice to all Account(s) holders; and<br />
f. in the event the <strong>Bank</strong> receives ambiguous or conflicting instructions or<br />
any other instructions in connection with the Joint Account(s) or<br />
business partnership or corporate accounts, or in connection with the<br />
closure, withdrawals, stopping or operation of such Account(s) or<br />
change of mailing address of such Account(s), or the <strong>Bank</strong> becomes<br />
aware of any dispute, or in any other circumstances as the <strong>Bank</strong> may<br />
deem appropriate, then notwithstanding anything to the contrary in the<br />
Account(s) mandate or any other letter or document, the <strong>Bank</strong> shall be<br />
entitled to decline to act and to insist that it acts only on the<br />
unanimous instructions of all the Account(s) holders or if so decided by<br />
the <strong>Bank</strong>, on unanimous instructions of all the signatories authorised<br />
to operate the Account(s). If the <strong>Bank</strong> has so acted in accordance with<br />
such ambiguous, conflicting or other instructions, the <strong>Bank</strong> is entitled<br />
to reverse or retract any action or transaction that the <strong>Bank</strong> has taken<br />
so that Account(s) are put in the original position they were in before<br />
the <strong>Bank</strong> took such action. In all and any of the cases set out in this<br />
paragraph, the <strong>Bank</strong> shall have no liability to any of the Joint<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
Account(s) holders or to the partners, authorised signatories,<br />
shareholders or directors of the business or corporation comprising the<br />
Customer and the Customer shall have no claims against the <strong>Bank</strong>;<br />
g. in the event of notice of death of a Joint Account(s) holder (except in<br />
the case of joint accounts designated as trust or executors accounts),<br />
the <strong>Bank</strong> shall have the right to notwithstanding anything in the<br />
Account(s) mandate to the contrary, to hold all money and items<br />
standing to the credit of the Account(s) to the survivor(s) of the Joint<br />
Account(s) and permit the survivors of the Joint Account(s) to make<br />
withdrawals and deposits from and into the Joint Account(s) on<br />
satisfactory proof of death subject to the survivor(s) giving all written<br />
indemnity to the <strong>Bank</strong> upon terms satisfactory to the <strong>Bank</strong> and any<br />
provisions of law or an order of court and further subject to the rights<br />
of the <strong>Bank</strong> in respect of such funds arising out of any lien, charge,<br />
pledge, set-off or any other encumbrance or any claims or<br />
counterclaim actual or contingents or otherwise;<br />
h. where the account mandate provides for operation of the Account(s)<br />
whether by a single Account Holder signatory or by some of the<br />
Account Holders or by all the Account Holders of the Joint Account(s)/<br />
business partnership accounts, then if a bankruptcy petition is<br />
presented against any one of the Joint Account(s) holder or any partner<br />
or if any one of the Joint Account(s) holders or any partner becomes<br />
bankrupt, insane or otherwise mentally disable, the <strong>Bank</strong> shall be<br />
entitled to freeze or suspend operations on the Account(s) and refuse<br />
access to the funds therein, without liability to the Customer upon<br />
notice of such bankruptcy, insanity or mental disability, until such time<br />
when the joint instructions from the trustee in bankruptcy or the official<br />
receiver or the appointed legal representative of insane and mentally<br />
disabled Joint Account(s) holder and the remaining Joint Account(s)<br />
holder(s) or the partner and the other remaining partners have been<br />
obtained regarding the ownership and further use of the funds in the<br />
Account(s) and the operation of the Accounts and the <strong>Bank</strong> shall have<br />
received the necessary indemnities in writing from such parties as the<br />
<strong>Bank</strong> may require upon terms satisfactory to the <strong>Bank</strong>.<br />
Notwithstanding the above, the <strong>Bank</strong> reserves the right to obtain a<br />
direction of the Court by the way of interpleader or other proceedings<br />
and all such costs incurred in connection therewith shall be paid by the<br />
Customer.<br />
For the purpose of this paragraph, persons under any mental disability<br />
shall include without limitation persons who are mentally incompetent<br />
as well as persons who are in a state of comatose and persons in<br />
relation to whom any court may order the appointment of a legal<br />
representative to manage his affairs;<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
i. In the event of notice of death of a partner of business partnership<br />
accounts, notwithstanding anything contrary to the mandate of the<br />
Accounts or the <strong>Terms</strong> and <strong>Conditions</strong> herein, the <strong>Bank</strong> shall be<br />
entitled to stop, freeze or suspend operations of the Account(s) and<br />
refuse access to the funds therein, without any liability to the Customer<br />
and, if the <strong>Bank</strong> deems necessary, to open a new account for the<br />
partnership;<br />
4. All communications to the Customer sent by ordinary post addressed to the<br />
latest correspondence address on record with the <strong>Bank</strong> shall be deemed to<br />
have been duly delivered to and received by the Customer within 7 days from<br />
the date of posting.<br />
5. The Customer warrants that all particulars given to the <strong>Bank</strong> are, to the best<br />
of the Customer’s knowledge, accurate and undertakes to notify the <strong>Bank</strong> of<br />
any changes thereto in writing.<br />
6. Either the <strong>Bank</strong> or the Customer may terminate and close the Account(s) by<br />
written notice to the other party to that effect. In either case, the Customer<br />
shall without delay or further demand:-<br />
a. return to the <strong>Bank</strong> all of bank cards and cheque books issued to him or<br />
at his request and<br />
b. pay to the <strong>Bank</strong> the full amount outstanding to the <strong>Bank</strong> including but<br />
not limited to amounts owing under credit cards accounts and other<br />
loan facilities together with all related charges thereunder (including<br />
the amount of any cheques or any items not then presented to the<br />
<strong>Bank</strong> for payment), for which the Customer shall remain fully<br />
responsible notwithstanding such termination. Without limiting the<br />
generality of the foregoing, all of such sums become immediately due<br />
and payable (without further demand) in the event of the death, or<br />
bankruptcy of the Customer;<br />
7. Unless due to the willful default of the <strong>Bank</strong>, the <strong>Bank</strong> shall not be liable for<br />
any failure to provide any service or to perform any obligations or for any loss<br />
or damage howsoever caused and whether such loss or damage is<br />
attributable (directly or indirectly) to any dispute or any other matter or<br />
circumstance whatsoever including but not limited to power failure, the failure<br />
of any computer, machine, data processing system network, any<br />
telecommunication systems, the internet, or transmission link including<br />
Personal i-<strong>Bank</strong>ing, m-<strong>Bank</strong>ing and Business i-<strong>Bank</strong>ing or bank cards or credit<br />
cards or ATM, the withdrawal of ATM services in other countries (which<br />
services will be governed by local regulations), the temporary insufficiency of<br />
funds in such machines, the failure to carry out the Customer’s instructions<br />
given over the telephone or to send a monthly statement to the Customer, or<br />
otherwise howsoever caused.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
8. The Customer shall keep the <strong>Bank</strong> indemnified on a full indemnity basis at all<br />
times against, and save the <strong>Bank</strong> harmless from all actions, proceedings,<br />
claims, losses, liabilities, damages, costs and expenses which may be brought<br />
against the <strong>Bank</strong> or suffered or incurred by the <strong>Bank</strong> and which shall have<br />
arisen either directly or indirectly out of or in connection with the <strong>Bank</strong><br />
performing its obligations hereunder or acting upon the Customer’s<br />
instruction (whether written or oral) unless due to the willful default of the<br />
<strong>Bank</strong>, such indemnity shall continue notwithstanding the termination of the<br />
Account(s).<br />
9. The <strong>Bank</strong> shall be entitled at any time and without notice to the Customer to<br />
set-off or combine or consolidate the outstanding balance of any account of<br />
the Customer with any other account which the Customer maintains with the<br />
<strong>Bank</strong> towards the satisfaction of the Customer’s liability to the <strong>Bank</strong><br />
irrespective of whether such liability of the Customer relates to any debit or<br />
negative balances in any Account(s) of whatsoever type or nature or monies<br />
owing to the <strong>Bank</strong> under any credit facilities granted and irrespective if the<br />
Account(s) are maintained in the same or different currencies. This includes<br />
the balances held by the Customer jointly with another person(s). The <strong>Bank</strong>’s<br />
right hereunder should not ne affected by the Customer’s death or legal<br />
incapacity. The <strong>Bank</strong> may effect any necessary conversions at the rate of<br />
exchange at which the <strong>Bank</strong> is able to purchase the currency of the<br />
Customer’s obligations or at the <strong>Bank</strong>’s own prevailing rate of exchange, as<br />
the <strong>Bank</strong> may select at its absolute discretion.<br />
If the amount of an obligation is unascertained, the <strong>Bank</strong> may estimate that<br />
amount and set-off in respect of that estimate, subject to a final settlement<br />
being made between the Customer and the <strong>Bank</strong> when the amount of the<br />
obligation is ascertained. The foregoing shall be without prejudice and in<br />
addition to any right of set-off, combination of account, lien, security or other<br />
right to which any party is at any otherwise entitled (by operation of law).<br />
All deposits, cash balances and other securities, property and assets of the<br />
Customer in the <strong>Bank</strong>’s possession shall be and are hereby pledged, charged<br />
and assigned or mortgaged to the <strong>Bank</strong> as security for the full discharge of<br />
the Customer’s obligations and liabilities to the <strong>Bank</strong> wheresoever and<br />
howsoever incurred. The <strong>Bank</strong> may at any time and without notice of the<br />
Customer combine or consolidate or merge the balances in all and/or any<br />
accounts of the Customer (of whatever account type and whether mature or<br />
not and notwithstanding any special conditions attached to the account) and<br />
the Customer’s obligations and exercise such right of set-off.<br />
The <strong>Bank</strong> may refuse withdrawals of the Customer’s funds or property if any of<br />
the Customer’s obligations or liabilities to the <strong>Bank</strong> are outstanding and<br />
unpaid. If the Customer does not or is unable to repay upon demand any of<br />
the Customer’s obligations or liabilities to the <strong>Bank</strong> or in the event of<br />
bankruptcy or insolvency or execution proceedings or any third party claims,<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
the <strong>Bank</strong> is authorized, without notice to the Customer, to realize break or<br />
uplift (whether at or prior to maturity) any fixed or cash deposits, and to sell by<br />
public or private sale any securities, property and assets of the Customer in<br />
the <strong>Bank</strong>’s possession, and apply the proceeds to discharge all or part of the<br />
Customer’s obligations or liabilities to the <strong>Bank</strong>. The <strong>Bank</strong> shall be entitled to<br />
charge the Customer for all costs and expenses incurred by the <strong>Bank</strong> in<br />
connection with such set-off, combination, consolidation, realization and sale,<br />
and claim from the Customer any deficiency arising thereupon.<br />
10. The <strong>Bank</strong> shall have no responsibility to the Customer for any diminution of<br />
funds due to taxes, imposts or depreciation. The <strong>Bank</strong> shall not be liable for<br />
funds standing to the credit of account(s) if they are unavailable due to laws,<br />
regulations, restrictions or convertibility or transferability requisitions,<br />
exchange control restrictions, sanctions, orders or directives from any judicial,<br />
governmental, statutory or regulatory authority, involuntary transfers,<br />
moratoriums, expropriations, distraints of any character, garnishee orders,<br />
acts of war or civil strife or similar cause beyond its control, whether current or<br />
impending and whether arising in Brunei Darussalam or in any other place,<br />
and regardless of whether such restrictions, requisitions, sanctions orders,<br />
directives, transfers, moratoriums, expropriations, distraints or similar cause<br />
are lawful or unlawful or issued in excess of authority or otherwise. If the<br />
relevant currency’s country of origin restricts or has impending restrictions on<br />
the availability, credit or transfers of such funds, the <strong>Bank</strong> shall be under no<br />
obligation to pay to the Customer the funds in Account(s), whether in the<br />
original currency or otherwise, and if the <strong>Bank</strong> does so, the <strong>Bank</strong> may do so in<br />
such currency and with the relevant amount converted at such exchange<br />
rate(s), the <strong>Bank</strong> deems appropriate. In addition, encashment of drafts issued<br />
by <strong>Bank</strong> or payment of funds electronically transferred out of the Account(s)<br />
are subject to the laws, rules and regulations of the country in which the draft<br />
is encashed or the payment is made. The <strong>Bank</strong> may freeze or suspend<br />
operation of any or all Accounts and/or services if as a result of force<br />
majeure, calamity or conditions, industrial action, computer breakdown or<br />
sabotage or any reason whatsoever the <strong>Bank</strong>’s records, accounts or services<br />
are not available or access thereto is hindered or prohibited.<br />
11. The Customer consents to the <strong>Bank</strong> disclosing or requesting any information<br />
whatsoever regarding the Customer, the money and other relevant particulars<br />
of the Account(s):-<br />
a. to or from any person participating in the provision of services to the<br />
<strong>Bank</strong> (including, but not limited to, debt collection, legal, accounting,<br />
auditing, printing or mailing of cheque book, passbook, stationery or<br />
other documents, and management, delivery, electronic and<br />
investigation services) whether in Brunei Darussalam or outside Brunei<br />
Darussalam, under or in connection with the Account(s);<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
. to or from the police or other public officers conducting an<br />
investigation in connection with any offence;<br />
c. to or from banks, financial institutions or credit or charge card<br />
companies;<br />
d. to or from any other person, authority, having jurisdiction over the <strong>Bank</strong><br />
court of law or entity whatsoever, where such disclosure is required by<br />
a directives, guidelines, law, regulation, judgement or order of court or<br />
order of any tribunal;<br />
e. to or from any Joint Account(s) holder or authorized signatory of any<br />
Account(s) of the Customer, or any insurer, guarantor or provider of<br />
security in relation to the Customer or any account(s), or the auditor of<br />
the Customer or any member, partner, director or shareholder of the<br />
Customer; or<br />
f. to or from the <strong>Bank</strong>’s head office, branches, representative offices,<br />
subsidiaries, related corporations or affiliates, in Brunei Darussalam or<br />
overseas, for any database purposes or any other purpose or purposes<br />
whatsoever;<br />
g. to or from any association or body of which the <strong>Bank</strong> is a member or a<br />
subscriber;<br />
12. The <strong>Terms</strong> and <strong>Conditions</strong> herein shall be governed by and construed in<br />
accordance with the applicable laws of Brunei Darussalam in effect for the<br />
time being and the Customer hereby submits to the non-exclusive jurisdiction<br />
of Brunei Darussalam courts.<br />
13. The <strong>Bank</strong> may amend, add to, or delete any provision of these <strong>Terms</strong> and<br />
<strong>Conditions</strong> at its sole discretion, by posting notice of such changes in the bank<br />
hall of the <strong>Bank</strong>’s premises in Brunei Darussalam, or posting notice of such<br />
changes near its ATM machines in Brunei Darussalam, including but not<br />
limited to publication on the website, pamphlets and/or by any other<br />
reasonable means of notification of such changes, and the Customer shall be<br />
bound by such changes immediately upon such posting or notification. If such<br />
change is unacceptable, the Customer shall promptly discontinue operating<br />
the Account(s) and close the Account(s). Continuing with the operation of an<br />
account or service after posting of notification of any change shall be deemed<br />
to be agreement to such change in relation to that account and service.<br />
14. In the event of any conflict between the terms hereof and the terms of any<br />
Account(s) opening form, application form or mandate to the <strong>Bank</strong>, the terms<br />
hereof shall prevail. The terms hereof shall be read together with the terms of<br />
any Account opening form, application form or mandate.<br />
Effective Date 1st January, 2005<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
Important Notice<br />
These terms and conditions will apply when you access our website<br />
and use our i-<strong>Bank</strong>ing service. Before proceeding to use the service,<br />
we ask that you read these terms and conditions carefully.<br />
Click "I agree" to accept the <strong>Terms</strong> and <strong>Conditions</strong> or "I disagree" to<br />
discontinue your access and/or use of the i-<strong>Bank</strong>ing service.<br />
TERMS AND CONDITIONS GOVERNING ACCOUNTS<br />
A. AGREEMENT BY CUSTOMER<br />
1. The account holder (“the Customer”) agrees to be bound by the following<br />
terms and conditions governing the use of all savings, current, deposit or<br />
other accounts in local and/or foreign currencies (to be referred to as<br />
“savings account”, “current account”, and “ deposit account(s)” respectively<br />
or accounts by any other name or howsoever called and collectively known<br />
as the “Account(s)”. References to “Account(s)” may mean one or more<br />
accounts) from time to time maintained with <strong>Baiduri</strong> <strong>Bank</strong> Berhad and/or<br />
<strong>Baiduri</strong> Finance Berhad (“the <strong>Bank</strong>/Finance”).<br />
2. <strong>Baiduri</strong> <strong>Bank</strong> Berhad or <strong>Baiduri</strong> Finance Berhad, in compliance with laws<br />
and regulations, may not make one or more of the financial products or<br />
accounts referred in this terms and conditions available.<br />
B. ACCOUNTS<br />
CURRENT ACCOUNTS<br />
1. Chequebooks are issued for Brunei dollar current account.<br />
2. When drawing cheques, the Customer shall be bound by the conditions to<br />
which chequebooks are issued as printed on the inside cover of the<br />
chequebook and as stated herein below:<br />
(a)<br />
keep all cheques, chequebooks and company chops/seals in a safe<br />
and secure place under lock and key at all times;<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
not to pre-sign any incomplete cheques;<br />
clearly state the amount in words and figures in the spaces provided<br />
on the cheque;<br />
write words and figures close to the left-hand margin so that other<br />
words and figures cannot be inserted and add the word “only” after the<br />
amount stated in words;<br />
not to use electronic typewriter/pen with erasable or disappearing ink<br />
to write cheques;<br />
exercise care when drawing cheques and agree not to draw cheques<br />
by any means which may allow or enable the cheques to be altered in<br />
a manner which is not readily detectable;<br />
draw cheques in Brunei dollars only. In the event that the<br />
<strong>Bank</strong>/Finance, at the <strong>Bank</strong>/Finance’s sole discretion, agree to honor<br />
cheque(s) drawn in currency other than in Brunei dollars, the<br />
<strong>Bank</strong>/Finance will convert the said currency to Brunei dollars base on<br />
an exchange rate that is determined by the <strong>Bank</strong>/Finance at the<br />
<strong>Bank</strong>/Finance’s sole discretion. Further, in the event that the<br />
<strong>Bank</strong>/Finance, at the <strong>Bank</strong>/Finance’s sole discretion, issue<br />
chequebooks for current account held in currency other than in Brunei<br />
dollars, cheques drawn on these accounts are to be drawn in the said<br />
currency of the respective accounts;<br />
draw cheques only when there is sufficient fund in the current account<br />
failing which the <strong>Bank</strong>/Finance shall have the absolute discretion to<br />
honour or dishonour such cheques and to impose penalty or service<br />
charge for any action taken. If the <strong>Bank</strong>/Finance decides to honour the<br />
cheques, Clause 7 of the <strong>Terms</strong> and <strong>Conditions</strong> herein shall apply;<br />
3. In the event that the Customer loses any chequebook or cheque(s), whether<br />
through theft or otherwise, the Customer shall report such loss to the<br />
<strong>Bank</strong>/Finance immediately, whereupon the <strong>Bank</strong>/Finance shall be entitled<br />
(but not obliged) to stop payment on all such cheques. Without prejudice to<br />
any other provision of these <strong>Terms</strong> and <strong>Conditions</strong>, the Customer’s failure to<br />
report such loss to the <strong>Bank</strong>/Finance or to comply with the other<br />
requirements of this agreement would result in the <strong>Bank</strong>/Finance not being<br />
responsible or liable to the Customer for any fraudulent, forged or wrongful<br />
use of such cheques and any loss to the Customer arising as a result<br />
thereof.<br />
4. Notice of stop payments of cheques must be in writing by letter to the<br />
<strong>Bank</strong>/Finance, and in accordance with the account mandate and must<br />
specify in full particulars of the cheque involved. The <strong>Bank</strong>/Finance may, at<br />
its sole discretion and without any obligation to do so or undertaking any<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
liability by doing so, accept verbal instructions to stop payment and in such<br />
an event, the <strong>Bank</strong>/Finance shall not be liable for any loss arising.<br />
Notwithstanding the above, the <strong>Bank</strong>/Finance shall not be liable if the<br />
cheque(s) in question have already been paid or debited to the account prior<br />
to the <strong>Bank</strong>/Finance’s actual receipt of the written stop payment instruction.<br />
5. The <strong>Bank</strong>/Finance shall be entitled in its absolute discretion to dishonour<br />
any cheque bearing a signature different from the specimen signature of the<br />
Customer or authorized signatory (as the case may be) or not signed in the<br />
authorized manner or not drawn in accordance with the signature<br />
requirements prevailing at the time of presentation or having any alteration.<br />
6 Payment made by the <strong>Bank</strong>/Finance on the basis of a cheque or other<br />
financial instrument or a withdrawal or appropriate form bearing signatures<br />
which on the face of it appear to be similar to the authorized signature(s)<br />
shall be effective, valid and binding on the Customer and the <strong>Bank</strong>/Finance<br />
shall not be liable to the Customer in respect of such payment<br />
notwithstanding that the signatures may have been forged or obtained<br />
fraudulently or without authority or where the alteration and/or forgery is<br />
due to the act, omission, negligence or default of the Customer.<br />
7. The <strong>Bank</strong>/Finance may at its discretion, debit any or all of the Account(s)<br />
with any cheques drawn by the Customer, drafts, orders to pay or transfer,<br />
bills of exchange and promissory notes or any payments, withdrawals,<br />
interest, commissions and charges, and if this would result in an overdrawn<br />
position or an overdrawn position in excess of the Customer’s credit facility<br />
or limit in any or all of the Account(s), the <strong>Bank</strong>/Finance may do so without<br />
prior approval from or notice to the Customer. In such an event, all<br />
overdrawing together with interest, commissions and charges will be<br />
immediately repayable upon demand by the <strong>Bank</strong>/Finance and Interest<br />
shall be charged at the <strong>Bank</strong>/Finance’s discretion. The Customer will<br />
indemnify and keep the indemnified in full against all legal and other costs<br />
incurred by the <strong>Bank</strong>/Finance for recovery of the overdrawings and interest,<br />
commission and charges incurred thereby.<br />
8. Any unpaid interest shall be capitalized at the end of each calendar month<br />
and added to the principal amount then owing for the purpose of calculating<br />
interest subsequently.<br />
SAVINGS ACCOUNTS<br />
9. Every Customer who has been provided by the <strong>Bank</strong>/Finance with a<br />
passbook must present it for every transaction at the counter. The passbook<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
is not transferable or assignable and cannot be pledged or otherwise used<br />
as security. The Customer should examine the passbook after each deposit<br />
or withdrawal transaction before leaving the counter to ensure that<br />
appropriate entry has been made therein. If the Customer reports no error<br />
within 14 days from the date of the transaction(s), then the transaction(s) is<br />
deemed to have been accepted by the Customer to be correct and true and<br />
the <strong>Bank</strong>/Finance shall be free from all claims and liability in respect of<br />
such transaction(s).<br />
All pages of the passbooks are numbered and no page shall be detached.<br />
No entry correction or writing of any kind shall be made in the passbook<br />
except by the <strong>Bank</strong>/Finance.<br />
10. In the event of the loss of the passbook, the Customer must immediately<br />
notify the <strong>Bank</strong>/Finance in writing and provide a letter of indemnity to<br />
indemnify the <strong>Bank</strong>/Finance against all losses and damages resulting from<br />
the loss. The <strong>Bank</strong>/Finance may at its sole discretion to close the account<br />
and transfer the existing credit sum to a new or another existing account.<br />
The <strong>Bank</strong>/Finance may impose a charge for the replacement of the old<br />
passbook or for issuance of a passbook for the new account.<br />
11. The <strong>Bank</strong>/Finance may at the <strong>Bank</strong>/Finance’s sole discretion, require proof<br />
of identity before accepting any transaction to any Account(s).<br />
12. The <strong>Bank</strong>/Finance may at its sole discretion to allow 3 rd party withdrawal on<br />
savings account upon the written request of the Customer subject to the<br />
terms and requirements of the <strong>Bank</strong>/Finance, if any, and, such withdrawal<br />
shall have the same effect as if made by the Customer personally.<br />
DEPOSIT ACCOUNTS<br />
13. Withdrawal or Termination of deposits before the due date is subject to<br />
approval of the <strong>Bank</strong>/Finance and will be at the <strong>Bank</strong>/Finance’s sole<br />
discretion and shall be subjected to the forfeiture of any interest and<br />
reimbursement of expenses incurred by the <strong>Bank</strong>/Finance and the payment<br />
of any additional costs for redeploying funds in the market as the<br />
<strong>Bank</strong>/Finance may think fit and such amounts may be deducted from the<br />
principal deposit sum before repayment of the balance.<br />
Term or Fixed Deposit Certificates are not negotiable or transferable.<br />
The Term or Fixed Deposits may be payable by cashier’s order or cheque at<br />
the sole discretion of the <strong>Bank</strong> /Finance.<br />
STATEMENTS/ADVICES/ERRORS/OMMISSIONS<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
14. The Customer agrees to examine and verify the correctness of all<br />
statements sent by the <strong>Bank</strong>/Finance on a periodical basis showing the<br />
transactions and balances in relation to any or all of the Account(s) as<br />
specified by the <strong>Bank</strong>/Finance from time to time and notify the<br />
<strong>Bank</strong>/Finance, within 14 days of the said statement being sent, in writing, of<br />
any alleged errors or omissions therein arising from whatever cause<br />
(including but without limitation from forgery, fraud, lack of authority or<br />
negligence of any person), failing which the said statement shall be<br />
conclusive evidence as the balance shown therein and be binding on the<br />
Customer and the Customer shall be deemed to have waived any rights to<br />
raise objections or pursue remedies against the <strong>Bank</strong>/Finance relating<br />
thereto, and the <strong>Bank</strong>/Finance shall be free from all claims in respect of the<br />
Account(s).<br />
15. <strong>Bank</strong>/Finance may at any time rectify errors or omissions in any statement<br />
or advice or passbook or certificate and any statement or advice or<br />
passbook or certificate so rectified shall be binding on the Customer. The<br />
<strong>Bank</strong>/Finance has the right to demand refund of and/or debit any account<br />
of customer with the <strong>Bank</strong>/Finance without notice or consent of the<br />
Customer for any overpayment into the account(s) arising from such errors<br />
or omissions.<br />
C.<br />
GENERAL<br />
1<br />
(a)<br />
(b)<br />
(c)<br />
The <strong>Bank</strong>/Finance may at its sole discretion effect such charges as it<br />
may determine for services rendered including amongst others, {i}<br />
responding to enquiries, {ii} provision of documents, and {iii} provision<br />
and notification of account balances/account transactions/account<br />
related matters. Such charges may not necessarily have been updated<br />
into the <strong>Bank</strong>/Finance’s tariffs.<br />
The customer accepts the charges as laid down in the <strong>Bank</strong>/Finance’s<br />
tariffs, which may be amended from time to time without prior notice.<br />
The <strong>Bank</strong>/Finance shall have no obligation to notify the Customer of<br />
the amounts or rates of any charges levied against the Account(s) or of<br />
any new charges levied in respect of the Account(s) or of the interest<br />
structure, interest calculations or interest rate(s) or the debit or credit<br />
balances in the Account(s), or of any changes in any of the foregoing.<br />
The onus is on the Customer to check with the <strong>Bank</strong>/Finance on such<br />
charges and rates.<br />
The Customer agrees to pay any stamp duty to the Brunei Government<br />
as required by the Brunei Government from time to time.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
(d)<br />
(e)<br />
(f)<br />
The <strong>Bank</strong>/Finance may at its sole discretion impose initial or minimum<br />
deposit requirements in relation to any or all of the Account(s). The<br />
Customer agrees to abide by such initial or minimum deposit<br />
requirements failing which the Customer agrees to pay the charges<br />
imposed.<br />
The <strong>Bank</strong>/Finance is authorized to debit the Account(s) of the<br />
Customer with all or any charges, commission and/or duty pursuant to<br />
the terms and conditions herein or any other documents without prior<br />
notice to and/or the consent of the Customer and such charges and/or<br />
duty shall not be refunded by the <strong>Bank</strong>/Finance upon termination of<br />
any or all of the Account(s).<br />
With respect to payment of interest on credit balances, if applicable,<br />
the <strong>Bank</strong>/Finance shall be entitled without notice to the Customer,<br />
from time to time, to change the interest rates or interest structure or<br />
the method or frequency of calculating interest or the method or<br />
frequency of payment of interest to the Customer.<br />
2. The <strong>Bank</strong>/Finance reserves the right to apply such service charges as<br />
determined at the sole discretion of the <strong>Bank</strong>/Finance for Account(s) which<br />
are inactive [“Dormant”], for a period of time and impose additional<br />
requirements for activation of these Account(s). Continued inactivity of the<br />
Account(s) may lead to the Account(s) balance(s) being transferred to the<br />
government as “Unclaimed Money” in accordance to regulatory<br />
requirements and the Account(s) will be closed. The Account(s) balance(s)<br />
will have to be claimed directly from the government and no interest will be<br />
paid on the Account(s) balances(s). The current period of inactivity<br />
applicable to the above is 72 months and this said period may change as<br />
and when determined by the government.<br />
3. In respect of any Account(s) that is in foreign currency, the <strong>Bank</strong>/Finance<br />
shall have the right to pay to the Customer on withdrawal by cash and/or by<br />
cheque in the respective currency and/or in any other currency to be<br />
determined by the <strong>Bank</strong>/Finance at the <strong>Bank</strong>/Finance’s absolute discretion.<br />
Withdrawals in foreign currency cash are further subjected to availability of<br />
the currency in question. Commission may be applicable for withdrawals or<br />
deposit of cash in the foreign currency.<br />
4. Any cheque deposited (whether through the use of ATMs or otherwise) shall<br />
be accepted for collection only and the proceeds shall not be available to<br />
the Customer until the cheque has been verified and cleared less any<br />
charges applicable.<br />
5. If the Customer comprises of more than one individual (the “Joint Account(s)<br />
Holders”) or is a business partnership of two or more partners (the<br />
“Partners”);<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
(a)<br />
(b)<br />
(c)<br />
(d)<br />
the obligations of the Joint Account(s) holders or Partners in respect of<br />
an Account(s) shall be joint and several;<br />
the <strong>Bank</strong>/Finance may credit the Account(s) with items collected on<br />
behalf of any one or more Joint Account(s) holders or Partners;<br />
any notice given to one Joint Account(s) holder or Partner shall be<br />
deemed sufficient notice to the Customer; and<br />
where the account mandate provides for the operation of the<br />
Account(s) by a single Joint Account(s) Holder or a Partner or by several<br />
Joint Account(s) Holder or Partners or by all the Joint Account(s)<br />
Holders or Partners, in the event a bankruptcy petition is presented<br />
against any one of the Joint Account(s) Holders or Partners or if any<br />
one of the Joint Account(s) Holders or Partners becomes bankrupt,<br />
insane or otherwise mentally disable, the <strong>Bank</strong>/Finance shall be<br />
entitled to freeze or suspend operations on the Account(s), without any<br />
liability to the Customer upon notice of such bankruptcy, insanity or<br />
mental disability, until such time that instructions from the trustee in<br />
bankruptcy or the official receiver or the appointed legal representative<br />
of the insane or mentally disabled Joint Account(s) Holder or Partner<br />
and the remaining Joint Account(s) Holder(s) or Partner(s) have been<br />
obtained regarding the ownership and further use of the funds in the<br />
Account(s) and the operation of the Accounts and the <strong>Bank</strong>/Finance<br />
shall have received the documents(s) and/or indemnity(ies) as<br />
required by the <strong>Bank</strong>/Finance. Notwithstanding the above, the<br />
<strong>Bank</strong>/Finance reserves the right to obtain a direction of the Court by<br />
way of interpleader or other proceedings and all such costs incurred in<br />
connection therewith shall be paid by the Customer.<br />
For the purpose of this paragraph, persons under any mental disability<br />
shall include without limitation persons who are mentally incompetent<br />
as well as persons who are in a state of comatose and persons in<br />
relation to whom any court may order the appointment of a legal<br />
representative to manage his affairs.<br />
(e)<br />
In the event of notice of death of a Joint Account(s) Holder or a Partner,<br />
notwithstanding anything contrary to the mandate of the Accounts or<br />
the <strong>Terms</strong> and <strong>Conditions</strong> herein, the <strong>Bank</strong>/Finance shall be entitled<br />
to, without any liability to the Customer, stop, freeze or suspend<br />
operations of the Account(s) and, if the <strong>Bank</strong>/Finance deems<br />
necessary, to open a new account, or permit the survivors of the<br />
Account(s) to transact on the Account(s) subject to the survivor(s)<br />
providing the necessary document(s) and/or information and/or<br />
indemnity(ies) as required by the <strong>Bank</strong>/Finance and by any provisions<br />
of law or order of court and further subject to the rights of the<br />
<strong>Bank</strong>/Finance in respect of such funds arising out of any lien, charge,<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
pledge, set-off or any other encumbrance or any claim or counterclaim<br />
actual or contingents or otherwise.<br />
6 (a) For Account(s) opened by a guardian in the name of minors (whether or<br />
not jointly with the guardian), the <strong>Bank</strong>/Finance will act on the<br />
instructions received from the guardian named on the account form,<br />
unless the <strong>Bank</strong>/Finance receives written notice to the contrary from<br />
the guardian or the relevant authorities or an order of court, but<br />
provided always that when the minor subsequently attains the age of<br />
eighteen, the <strong>Bank</strong>/Finance may at the <strong>Bank</strong>/Finance’s sole<br />
discretion, upon receipt of a written instruction or notice from the<br />
minor, operate and deal with the said Account(s) exclusively in<br />
accordance to the instructions of the minor without regard to any<br />
contradictory instructions received from the guardian and the <strong>Bank</strong><br />
/Finance shall not be liable to the guardian for the same.<br />
(b)<br />
For Accounts opened pursuant to an order of court for the benefit of or<br />
on trust for minors or persons under mental illness or any others, the<br />
account opening form shall be completed by the person authorised in<br />
the court order. The <strong>Bank</strong>/Finance will act based on the instruction of<br />
the authorised person appointed in the court order and who completed<br />
the account opening form in operating and dealing with the said<br />
account. The <strong>Bank</strong> will have no obligations to investigate, check<br />
and/or ensure any act done in accordance to the instruction of the<br />
authorised person is beneficial to the beneficiaries of the account.<br />
7. Notwithstanding anything to the contrary in the Account(s) mandate or any<br />
other letters or documents , the <strong>Bank</strong>/Finance reserves the right at the<br />
<strong>Bank</strong>/Finance’s sole discretion, on receiving instructions which in the<br />
<strong>Bank</strong>/Finance’s opinion are ambiguous or conflicting or which would or<br />
might cause the <strong>Bank</strong>/Finance to contravene any law or regulation (whether<br />
or not having legal and binding effect) instructions (the “said instruction(s)”)<br />
in respect of the “Account(s)”, to act on any of the said instruction(s) or to<br />
decline to act on any of the said instruction(s) or to request for further<br />
document or authorization prior to acting on any of the said instruction(s) or<br />
to freeze the Account(s) and suspend operation on the Account(s) and/or to<br />
apply to the Court for direction by way of interpleader or other proceedings<br />
for which all costs incurred in connection therewith shall be paid by the<br />
Customer. If the <strong>Bank</strong>/Finance has so acted in accordance with any of the<br />
said instruction(s), the <strong>Bank</strong>/Finance is entitled to reserve or retract any<br />
action or transaction that the <strong>Bank</strong>/Finance has taken so that the<br />
respective Account(s) is put in the original position that they were in before<br />
the <strong>Bank</strong>/Finance took such action. In all and any of the cases set out in<br />
this paragraph, the <strong>Bank</strong>/Finance shall have no liability to the Customer or<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
espective authorized signatories, shareholders or directors and the<br />
Customer or respective authorized signatories, shareholders or directors<br />
shall have no claims against the <strong>Bank</strong>/Finance.<br />
8. The <strong>Bank</strong>/Finance is authorized (but not obliged) to accept instructions<br />
given by telex, facsimile transmission, SWIFT, email (with the scanned<br />
instruction attached, if any) or other form of electronic communication or<br />
telephone (collectively “oral instructions”) from or purporting to be from<br />
Customer, with or without separate independent verification by the<br />
<strong>Bank</strong>/Finance’s Officers as to the genuineness of such oral instructions, as<br />
long as the <strong>Bank</strong>/Finance’s Officer receiving or acting on such oral<br />
instructions is satisfied as to the genuineness of such oral instructions. The<br />
Customer shall be bound by any act or omissions taken by the<br />
<strong>Bank</strong>/Finance in reliance on such oral instructions, regardless of whether<br />
such oral instructions have been given by someone other than the Customer<br />
or without the Customer’s authority or consent and notwithstanding that<br />
such oral instructions are forged, fraudulent, ambiguous or misunderstood,<br />
provided that the <strong>Bank</strong>/Finance’s officer receiving or acting on such oral<br />
instruction is satisfied as to their genuineness and has acted in good faith<br />
thereon.<br />
The <strong>Bank</strong>/Finance may at its discretion record telephone instructions by<br />
writing and/or tape recording and/or any other method and the Customer<br />
irrecoverably consent to the taping and/or other means of recording, by or<br />
on the <strong>Bank</strong>/Finance’s behalf of oral and telephone conversation between<br />
the <strong>Bank</strong>/Finance’s representatives and the Customer. The <strong>Bank</strong>/Finance’s<br />
record of any such instructions shall be conclusive and binding and may be<br />
used by the <strong>Bank</strong>/Finance as evidence in any dispute that may arise.<br />
The time and date as shown on the <strong>Bank</strong>/Finance’s as imprinted on any<br />
undated document received by the <strong>Bank</strong>/Finance from the customer shall<br />
be conclusive evidence of the time and date of such document.<br />
9. The <strong>Bank</strong>/Finance may in its absolute discretion, without assigning any<br />
reason whatsoever, terminate or close any or all of the Account(s) by written<br />
notice to the customer. In such a case, the Customer shall without delay or<br />
further demand:-<br />
(a)<br />
(b)<br />
return to the <strong>Bank</strong>/Finance all of bank cards, internet banking tokens,<br />
chequebooks and any other items issued in respect of the Account(s)<br />
to the Customer and<br />
pay to the <strong>Bank</strong>/Finance the full amount outstanding to the<br />
<strong>Bank</strong>/Finance including but not limited to amounts owing under credit<br />
cards accounts and other loan facilities together with all related<br />
charges thereunder (including the amount of any cheques or any items<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
not then presented to the <strong>Bank</strong>/Finance for payment), for which the<br />
Customer shall remain fully responsible notwithstanding such<br />
termination. Without limiting the generality of the foregoing, all of such<br />
sums become immediately due and payable (without further demand)<br />
in the event of the death, or bankruptcy of the Customer.<br />
10. Unless due to the willful default of the <strong>Bank</strong>/Finance, the <strong>Bank</strong>/Finance<br />
shall not be liable for any failure to provide any service or to perform any<br />
obligations or for any loss or damage howsoever caused and whether such<br />
loss or damage is attributable (directly or indirectly) to any dispute or any<br />
other matter or circumstance whatsoever including but not limited to power<br />
failure, the failure of any computer, machine, data processing system<br />
network, any telecommunication systems, the internet, or transmission link<br />
including Personal i-<strong>Bank</strong>ing, Business i-<strong>Bank</strong>ing and FAST or bank cards or<br />
credit cards or ATM, the withdrawal of ATM services in other countries<br />
(which services will be governed by local regulations), the temporary<br />
insufficiency of funds in such machines, the failure to carry out the<br />
Customer’s instructions given over the telephone or to send a monthly<br />
statement to the Customer, or otherwise howsoever caused.<br />
11. The Customer shall keep the <strong>Bank</strong>/Finance indemnified at all times against,<br />
all actions, proceedings, claims, losses, liabilities, damages, costs and<br />
expenses, which may be brought against the <strong>Bank</strong>/Finance and/or pay the<br />
<strong>Bank</strong>/Finance on full indemnity basis on costs and expenses suffered or<br />
incurred by the <strong>Bank</strong>/Finance and arising out of or in connection with the<br />
<strong>Bank</strong>/Finance performing its obligations hereunder or acting upon the<br />
Customer’s instruction (whether written or oral) unless due to the willful<br />
default of the <strong>Bank</strong>/Finance, and such indemnity shall continue<br />
notwithstanding the termination of the Account(s) and or the relationship of<br />
<strong>Bank</strong>/Finance and Customer. If the <strong>Bank</strong>/Finance retains or engages<br />
solicitors to enforce or protect any of its rights or advise it on matters and/or<br />
disputes relating to the Account(s), whether or not judicial or other<br />
proceedings are actually taken, the Customer shall indemnify the<br />
<strong>Bank</strong>/Finance for all costs, fees and charges arising therefrom or incidental<br />
thereto (including but without limitation to legal costs and expenses) on a<br />
full indemnity basis.<br />
12. The Customer agrees that the <strong>Bank</strong>/Finance shall be entitled to rely, but not<br />
bound to do so at all times, on the <strong>Bank</strong>/Finance's tariffs for its services as<br />
a measure of the loss or damage or costs and expense to be indemnified by<br />
the Customer according to the provisions herein. The Customer shall also be<br />
liable to pay to the <strong>Bank</strong>/Finance for services rendered or actions taken by<br />
the <strong>Bank</strong>/Finance connected with the <strong>Bank</strong>/Finance [i] acting upon the<br />
Customer's instructions (whether written or oral) or [ii] performing its<br />
obligations hereunder Or under the law, in connection with the Account(s).<br />
Where there is no prescribed tariff for any such services the <strong>Bank</strong>/Finance<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
shall be entitled to recover from the Customer such amount as the<br />
<strong>Bank</strong>/Finance shall in its sole discretion deem reasonable compensation for<br />
the services rendered. All losses, damages, costs and expenses and charges<br />
shall be debited to the Account(s) at the sole discretion of the<br />
<strong>Bank</strong>/Finance.<br />
13. (a) Without prejudice and in addition to any existing rights which the<br />
<strong>Bank</strong>/Finance may be entitled to at law in equity or otherwise, the<br />
<strong>Bank</strong>/Finance may at any time and from time to time and without<br />
notice to the Customer, transfer, apply, utilise, combine, set-off or<br />
otherwise deal with any sum standing to the credit of all or any of the<br />
Account(s) (whether matured or unmatured fixed deposits, savings,<br />
current account or otherwise) held solely or jointly with others in or<br />
outside Brunei Darussalam in or towards the satisfaction of<br />
outstanding debt or any of the liabilities or indebtedness owed to the<br />
<strong>Bank</strong>/Finance by the Customer or by any companies in which the<br />
Customer own shares (including without limitation, any subsidiaries)<br />
(collectively “the Related Companies”) (whether such liabilities or<br />
indebtedness are present, future, actual or contingent and whether in<br />
the names of the Related Companies alone or jointly with other or<br />
jointly and severally with others and whether as principal or as surety)<br />
and the <strong>Bank</strong>/Finance may do so notwithstanding that the balances on<br />
such accounts and such liabilities may not be expressed in the same<br />
currency or maintained at the same branch, and for the purpose of<br />
exercising any rights under this clause or rights under general law the<br />
<strong>Bank</strong>/Finance is authorized to effect any necessary conversions at the<br />
<strong>Bank</strong>/Finance’s own rate of exchange at the time prevailing or other<br />
rate available to the <strong>Bank</strong>/Finance. The <strong>Bank</strong>/Finance’s right<br />
hereunder should not be affected by the Customer’s death or legal<br />
incapacity.<br />
(b)<br />
(c)<br />
(d)<br />
If the amount of an obligation is unascertained, the <strong>Bank</strong>/Finance may<br />
estimate that amount and set-off in respect of that estimate, subject to<br />
a final settlement being made between the Customer and the<br />
<strong>Bank</strong>/Finance when the amount of the obligation is ascertained.<br />
All deposits, cash balances and other securities, unit trusts, property<br />
and assets of the Customer in the <strong>Bank</strong>/Finance’s possession shall be<br />
and are hereby pledged, charged and assigned or mortgaged to the<br />
<strong>Bank</strong>/Finance as security for the full discharge of the Customer’s<br />
obligations and liabilities to the <strong>Bank</strong>/Finance wheresoever and<br />
howsoever incurred. The <strong>Bank</strong>/Finance may refuse withdrawals of the<br />
Customer’s funds or property if any of the Customer’s obligations or<br />
liabilities to the <strong>Bank</strong>/Finance are outstanding and unpaid.<br />
If the Customer does not or is unable to repay upon demand any of the<br />
Customer’s obligations or liabilities to the <strong>Bank</strong>/Finance or in the event<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
of bankruptcy or insolvency or execution proceedings or any third party<br />
claims, the <strong>Bank</strong>/Finance is authorized, without notice to the<br />
Customer, to realise break or uplift (whether at or prior to maturity) any<br />
fixed or cash deposits, and to sell by public or private sale any<br />
securities, unit trusts, property and assets of the Customer in the<br />
<strong>Bank</strong>/Finance’s possession, and apply the proceeds to discharge all or<br />
part of the Customer’s obligations or liabilities to the <strong>Bank</strong>/Finance.<br />
The <strong>Bank</strong>/Finance shall be entitled to charge the Customer for all<br />
costs and expenses incurred by the <strong>Bank</strong>/Finance in connection with<br />
such set-off, combination, consolidation, realisation and sale, and<br />
claim from the Customer any deficiency arising thereupon.<br />
14. The <strong>Bank</strong>/Finance shall have no responsibility to the Customer for any<br />
diminution of funds due to taxes, imposts or depreciation. The<br />
<strong>Bank</strong>/Finance shall not be liable for funds standing to the credit of<br />
account(s) if they are unavailable due to laws, regulations, restrictions or<br />
convertibility or transferability requisitions, exchange control restrictions,<br />
sanctions, orders or directives from any judicial, governmental, statutory or<br />
regulatory authority, involuntary transfers, moratoriums, expropriations,<br />
distraints of any character, garnishee orders, acts of war or civil strife-or<br />
similar cause beyond its control, whether current or impending and whether<br />
arising in Brunei Darussalam or in any other place, and regardless of<br />
whether such restrictions, requisitions, sanctions orders, directives,<br />
transfers, moratoriums, expropriations, distraints or similar cause are lawful<br />
or unlawful or issued in excess of authority or otherwise. If the relevant<br />
currency’s country of origin restricts or has impending restrictions on the<br />
availability, credit or transfers of such funds, the <strong>Bank</strong>/Finance shall be<br />
under no obligation to pay to the Customer the funds in Account(s), whether<br />
in the original currency or otherwise, and if the <strong>Bank</strong>/Finance does so, the<br />
<strong>Bank</strong>/Finance may do so in such currency and with the relevant amount<br />
converted at such exchange rate(s), the <strong>Bank</strong>/Finance deems appropriate.<br />
In addition, encashment of drafts issued by <strong>Bank</strong>/Finance or payment of<br />
funds electronically transferred out of the Account(s) are subject to the laws,<br />
rules and regulations of the country in which the draft is encashed or the<br />
payment is made. The <strong>Bank</strong>/Finance may freeze or suspend operation of<br />
any or all Accounts and/or services if as a result of force majeure, calamity<br />
or conditions, industrial action, computer breakdown or sabotage or any<br />
reason whatsoever the <strong>Bank</strong>/Finance’s records, accounts or services are<br />
not available or access thereto is hindered or prohibited. Notwithstanding<br />
anything contained herein, the <strong>Bank</strong>/Finance shall have the right to, without<br />
prior notice or consent, intercept customer payment details or stop<br />
customer’s payment or transfer or transacting in order to comply with antimoney<br />
laundering or anti-terrorist financing regulations or requirements or<br />
other directives or sanctions imposed upon the <strong>Bank</strong>/Finance and in such<br />
situation, the <strong>Bank</strong>/Finance shall not be liable for any delay or loss suffered<br />
by the customer. The customer shall provide any additional information the<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
<strong>Bank</strong>/Finance reasonably requires to comply with any laws or regulations in<br />
Brunei Darussalam or any other country.<br />
15. The Customer consents to the <strong>Bank</strong>/Finance disclosing or requesting any<br />
information whatsoever regarding the Customer, and the Account(s) as set<br />
out below:-<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
to or from any person participating in the provision of services to the<br />
<strong>Bank</strong> and/or engaged or employed by the <strong>Bank</strong>/Finance to carry out<br />
or to perform any work or services for or on behalf of the <strong>Bank</strong>/Finance<br />
and for the <strong>Bank</strong>/Finance’s purpose(s), including performing duties<br />
and/or function(s) of or performed by or carried on by the<br />
<strong>Bank</strong>/Finance, outsourced by the <strong>Bank</strong>/Finance (including but not<br />
limited to, debt collection, legal, accounting, auditing, printing or<br />
mailing of chequebook, passbook, stationery or other documents, and<br />
management, delivery, electronic and investigation services) whether<br />
in Brunei Darussalam or outside Brunei Darussalam;<br />
to or from the police or other public officers conducting an<br />
investigation in connection with any offence or otherwise;<br />
to or from banks, financial institutions or credit or charge card<br />
companies;<br />
to or from any other person, authority or bodies having jurisdiction over<br />
the <strong>Bank</strong>/Finance, or court of law in Brunei Darussalam or elsewhere,<br />
for any purpose whatsoever, where such disclosure is required by a<br />
directives, guidelines, law, regulation, judgment or order of court or<br />
order of any other tribunal;<br />
to or from any Joint Account(s) holder or authorised signatory of any<br />
Account(s) of the Customer, or any insurer, guarantor or provider of<br />
security in relation to the Customer or any account(s), or the auditor of<br />
the Customer or any member, partner, director or shareholder of the<br />
Customer; or<br />
to or from the <strong>Bank</strong>/Finance’s head office, branches, representative<br />
offices, subsidiaries, related corporations or affiliates, in Brunei<br />
Darussalam or overseas, for any database purposes or any other<br />
purpose or purposes whatsoever;<br />
to or from any association or body of which the <strong>Bank</strong>/Finance is a<br />
member or a subscriber and for which members may include but may<br />
not be limited to financial institutions or corporates.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
16. The Customer warrants that all particulars given to the <strong>Bank</strong>/Finance are, to<br />
the best of the Customer’s knowledge, accurate and undertakes to notify<br />
the <strong>Bank</strong>/Finance of any changes thereto in writing.<br />
17. The Customer shall promptly notify the <strong>Bank</strong>/Finance in writing of any<br />
variation in the Customer’s signature or that of the authorized signatories,<br />
the authorized manner of signing or the signature requirements. The<br />
<strong>Bank</strong>/Finance shall be entitled to a reasonable period (of not less than<br />
seven (7) business days from receipt) to process such notification of<br />
change.<br />
18. All communications and notices from the Customer on any Account(s) shall<br />
be forwarded by the Customer to the branch of the <strong>Bank</strong>/Finance where the<br />
said Account(s) is domiciled unless otherwise specifically advised by the<br />
<strong>Bank</strong>/Finance. The <strong>Bank</strong>/Finance shall be entitled to a reasonable period of<br />
time at determined by the <strong>Bank</strong>/Finance to act on and process such<br />
communications and notices.<br />
19. The <strong>Bank</strong>/Finance may amend, add to, or delete any provision of these<br />
<strong>Terms</strong> and <strong>Conditions</strong> at its sole discretion, by posting notice of such<br />
changes in the bank hall of the <strong>Bank</strong>/Finance’s premises in Brunei<br />
Darussalam, or posting notice of such changes near its ATM machines in<br />
Brunei Darussalam, including but not limited to publication on the website,<br />
pamphlets and/or by any other reasonable means of notification of such<br />
changes, and the Customer shall be bound by such changes immediately<br />
upon such posting or notification. If such change is unacceptable, the<br />
Customer shall promptly discontinue operating the Account(s) and close the<br />
Account(s). Continuing with the operation of an account or service after<br />
posting or notification of any such change shall be deemed to be in<br />
agreement to such change in relation to that account and service.<br />
20. All communications to the Customer sent by ordinary post addressed to the<br />
latest correspondence address on record with the <strong>Bank</strong>/Finance shall be<br />
deemed to have been duly delivered to and received by the Customer within<br />
5 days from the date of posting.<br />
21. The <strong>Terms</strong> and <strong>Conditions</strong> herein shall be governed by and construed in<br />
accordance with the applicable laws of Brunei Darussalam. If so decided at<br />
the sole discretion of the <strong>Bank</strong>/Finance, the Customer will submit to any<br />
other jurisdiction outside of Brunei Darussalam.<br />
22. The rights remedies powers and privileges provided herein are cumulative<br />
and are not exclusive of any rights remedies powers and privileges provided<br />
by laws.<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad
23. In these <strong>Terms</strong> and <strong>Conditions</strong>, all words importing the masculine gender<br />
shall include the feminine gender and words in the singular shall include the<br />
plural and vice versa.<br />
24. The terms hereof shall be read together with the terms of any Account<br />
opening form, application form or mandate. In the event of any conflict<br />
between the terms hereof and the terms of any Account(s) opening form,<br />
application form or mandate to the <strong>Bank</strong>/Finance, the terms hereof will<br />
apply unless otherwise decided otherwise by the <strong>Bank</strong>/Finance at the<br />
<strong>Bank</strong>/Finance’s sole discretion.<br />
TCGA/04/2012 [V2]<br />
<strong>Terms</strong> and conditions applicable for <strong>Baiduri</strong> <strong>Bank</strong> Berhad and <strong>Baiduri</strong> Finance Berhad