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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

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