Terms and Conditions of the Provision and Use of ... - Komerční banka

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Terms and Conditions of theProvision and Use of Direct Banking5.14 The User may only submit a Order for a collection made in CZK orin foreign curreny to the credit of the Client's Current Account whilethe transfer may only be made from CZK accounts kept with theBank (in CZK or in a foreign currency) or CZK accounts kept withother banks in the Czech Republic. In the case of an Order for acollection in a foreign currency, the payer’s and the payee’saccount must be in the same foreign currency. An Order for acollection from an account kept with the Bank may be submitted atthe due date (required date of payment) at the latest; such Ordershall be subject to the multiple-round processing. An Order for acollection from accounts kept with other banks in the CzechRepublic must be submitted two Business Days before the duedate by 20.30 on the submission date at the latest; such Ordershall not be subject to the multiple-round processing.5.15 The Bank shall be entitled to subject acceptance of collectionOrders to the condition of conclusion of a contract on provision ofthis service with the Client and performance of each of his/hercollection Orders to the condition of meeting the conditions asstipulated by such a contract.5.16 Due dates of payments made pursuant to the collection Ordersfrom accounts held by the Bank, unless this concerns Orders withan advance due date, shall be determined as follows:• In case of Orders submitted on a Business Day before 20:30,the due date of the Order shall be identical with the date atwhich the Order has been submitted;• In case of Orders submitted on a Business Day after 20:30 ordays other than Business Days, the due date of the Ordershall fall on the following Business Day.5.17 Collection Orders shall not be subject to the Multiple/MultilevelAuthorisation.5.18 If a Collection Order should be cancelled, it shall suffice that theCancellation Order be signed by a single User, regardless ofhis/her User's Account Limit, even in case that theMultiple/Multilevel Authorisation has been arranged for.F) Foreign Payments5.19 Until 21 November 2009, due dates of Foreign Payments shall bedetermined as follows, except for Orders with an advanced duedate:• In case of ‘Urgent’ Orders denominated in CZK or CHF andsubmitted on a Business Day before 10:00, or denominated inUSD, GBP, DKK, SEK, NOK and/or EUR and submitted on aBusiness Day before 12:00 (noon), the due date of the Ordershall be identical with the date at which the Order has beensubmitted;• In case of ‘Urgent’ Orders denominated in CZK or CHF andsubmitted on a Business Day after 10:00, or denominated inUSD, GBP, DKK, SEK, NOK and/or EUR and submitted on aBusiness Day after 12:00 (noon), the due date of the Ordershall fall on the following Business Day;• In case of ‘Express’ Orders submitted on a Business Daybefore 15:00, the due date of the Order shall be identical withthe date at which the Order has been submitted;• In case of ‘Express’ Orders submitted on a Business Day after15:00, the due date of the Order shall fall on the followingBusiness Day;• In case of Orders submitted on other days than BusinessDays, the due date of the Order shall fall on the first followingBusiness Day.5.20 Starting from 21 November 2009, due dates of Foreign Paymentsshall be determined as follows, except for Orders with an advanceddue date:• In case of ‘Urgent’ Orders submitted on a Business Day before12:00 (noon), the due date of the Order shall be identical withthe date at which the Order has been submitted;• In case of ‘Urgent’ Orders submitted on a Business Day after12:00 (noon), the due date of the Order shall fall on thefollowing Business Day;• In case of ‘Express’ Orders submitted on a Business Daybefore 14:00, the due date of the Order shall be identical withthe date at which the Order has been submitted;• case of ‘Express’ Orders submitted on a Business Day after14:00, the due date of the Order shall fall on the followingBusiness Day;• In case of Orders submitted on other days than BusinessDays, the due date of the Order shall fall on the first followingBusiness Day.5.21 Due dates of Foreign Payments arranged to the credit of anaccount kept with KB Bratislava shall be determined as follows,except for Orders with an advanced due date:• In case of ‘Urgent’ Orders submitted on a Business Day before14:00, the due date of the Order shall be identical with thedate at which the Order has been submitted;• In case of ‘Urgent’ Orders submitted on a Business Day after14:00, the due date of the Order shall fall on the followingBusiness Day;• In case of Orders submitted on other days than BusinessDays, the due date of the Order shall fall on the first followingBusiness Day.The Bank reserves the right to change the above deadlines andcurrencies. If an Order is submitted on another day than aBusiness Day, the due date shall fall on the following BusinessDay.5.22 The Bank shall be entitled to cancel the preliminary advice of apayment made from abroad to the credit of the Client's Accountbased on a request of the payer or the payer's bank.5.23 If a Foreign Payment should be made, the Bank shall choose at itsdiscretion a foreign bank that shall process it, unless agreed uponotherwise between the Bank and the Client. The Client agrees thatif the banking link (an account number and bank code) does notexist, the Bank may charge to the Client fees associated with thereturned payment.G) FX Payment5.24 Only a User with a pre-set Individual FX Payment Limit shall beentitled to submit an Order for an FX Payment; the amount of suchpayment must not be in excess of the said Individual FX PaymentLimit.5.25 Provisions governing Orders for payment made in CZK or in aforeign currency, or Foreign Payments shall accordingly apply toFX Payments, depending on a relevant FX Payment type.H) SEPA EuroPaymentDue dates of SEPA EuroPayments shall be determined as follows,except for Orders with an advanced due date:• In case of SEPA EuroPayments submitted on a Business Daybefore 14:00, the due date of the payment shall be identicalwith the date at which the Order has been submitted;• In case of SEPA EuroPayments submitted on a Business Dayafter 14:00, the due date shall fall on the following BusinessDay.If an Order is submitted on another day than a Business Day, thedue date shall fall on the following Business Day.I) Express Payment in CZK (Order for an ExpressPayment Made in CZK)5.26 An Express Payment in CZK may only be made to another bank inthe Czech Republic. The order may only be submitted to the debitof a CZK current Account, with or without a confirmation. Theconfirmation is designed for the payee's bank and is sent via theSWIFT inter-bank system.5.27 If the payee's bank does not have its own SWIFT(BIC) code or theSWIFT(BIC) code is not active, the Express Payment in CZK with arequired confirmation shall be processed by the Bank without aconfirmation for the payee's bank. The fee charged for suchexpress payment shall be the same as that for an express paymentwithout a confirmation, and the required confirmation shall not besent off.5.28 Due dates (dates of payment) of an Express Payment made inCZK shall be determined as follows, except for Orders with anadvanced due date:Komerční banka, a. s., with the registered office in:Prague 1, Na Příkopě 33, indication no. 969, postcode 114 07, Identification No.: 45317054ENTERED IN THE COMMERCIAL REGISTER KEPT WITH THE MUNICIPAL COURT IN PRAGUE, SECTION B, INSERT 13604/12
Terms and Conditions of theProvision and Use of Direct Banking• In case of Orders submitted on a Business Day before 12:00(noon), the due date of the Order shall be identical with thedate at which the Order has been submitted;• Orders submitted on a Business Day after 12:00 (noon) shallnot be executed as the Bank shall reject it.• In case of Orders submitted on other days than BusinessDays, the due date of the Order shall fall on the followingBusiness day.J) Orders Made Using the MojePlatba Service5.29 The provisions of these Conditions governing Orders for paymentsmade in CZK shall be accordingly applied to the determining of duedates of payments made based on Orders submitted via thisservice.5.30 The Client may use this service at vendors that facilitate suchpayments. A non-authoritative list of the vendors offering theservice is available at the Banks website.5.31 Payments processed via MojePlatba service shall not be subject tothe multiple-round processing.5.32 The Bank shall not be held liable for cases where the service is notaccessible via the vendors’ websites.K) Payments for Mobile Services5.33 The services related to mobile telephones consist in makingpayments to mobile telephone providers in the Czech Republic.The User may only make a mobile telephone bill payment by oneoffpayment order arranged to the debit of a CZK current Account.5.34 The services related to mobile telephones can only be used inassociation with services offered by mobile telephone providers inthe Czech Republic and within the following scope:• Recharging of prepaid SIM cards – Telefónica O2, T-Mobile,and Vodafone;• Payment of a mobile telephone bill payment and securitydeposit to Vodafone.5.35 The services related to mobile telephones shall not be subject tothe multiple-round processing.L) Batch5.36 Orders may also be submitted in Batches, specifically the followingones:• Orders for a payment/collection made in CZK;• Orders for a payment and collection in a foreign currency;• Orders for an express payment made in CZK;• Foreign payments;• FX payments; and• SEPA EuroPayments.5.37 A single Batch may contain the following combinations of Orders:(i) Orders for a payment made in CZK or in a foreign currency,Orders for a collection made in CZK or in a foreign currency,Orders for an express payment made in CZK or SEPAEuroPayments, or (ii) Foreign payments, possibly with FXpayments of a corresponding type, or (iii) FX payments in a form ofv Orders for a payment in a foreign currency. Further informationon possible combinations of various types of payments and dataformats are available in a relevant Handbook and at the Bank’swebsite.5.38 Batches containing Foreign Payments or FX payments may onlybe submitted via ProfiBanka PB Service or Direct Channel PBService.5.39 A single Batch may only contain Orders for transferring funds fromAccounts, or FX payments concerning a single Entity. A Batch mayonly submitted by a User who has a sufficient User's Account Limitavailable or, in case of FX Payments, a sufficient Individual FXPayment Limit to settle all Orders in the Batch. If the User'sAccount Limit or Individual FX Payment Limit is lower, the Batch isfiled for further authorisation and must be authorised by anotherUser with a sufficient User's Account Limit or, in case of FXPayments, sufficient Individual FX Payment Limit. In case of theMultiple/Multilevel Authorisation, the Batch must be signed by theappropriate number of authorised Users.5.40 Orders for payments to be made in foreign currencies (in case thatthe payer’s Account and payee’s account are kept in differentcurrencies), FX Payments, Foreign Payments, SEPAEuroPayments, express payments made in CZK, and/or Orders forpayments to the debit/credit of a term account submitted in acontinuous Batch or batch-type Batch shall always be processedas an on-line Batch. These orders shall be subject to the multipleroundprocessing.5.41 The types of the Batch processing are following:• On-Line – a processing mode applied to Batches submittedvia MojeBanka Internet Banking or ProfiBanka PC Banking PBServices. Orders submitted in a Batch by 18:30 shall besubject to the multiple-round processing. After the last roundof the multiple-round processing takes place, i.e. at 18:30, allhitherto unsettled orders from the Batch shall be refused andshall not be processed any more. An on-line Batch may besubmitted until 20:30.• Continuous – a processing mode applied to Batchessubmitted via MojeBanka Internet Banking or ProfiBanka PCBanking PB Services. These Orders are not subject to themultiple-round processing. The Orders shall be sent forsettlement at their due date. In case they are not settled attheir due date by 17:00, the Orders shall be sent repeatedlyfor settlement at their due date at 17:00. If they still remainunsettled, they may be settled on the following Business Dayprovided that there are sufficient funds.• Batch-Type – a processing mode applied to Batchessubmitted via MojeBanka Internet Banking, ProfiBanka PCBanking PB Services or Direct Channel PB Services. Theseorders are not subject to the multiple-round processing. Theyshall be sent for settlement at their due date at 17:00 and, ifthey remain unsettled, may be settled on the followingBusiness Day if there are sufficient funds.5.42 The Bank shall settle Orders contained in a Batch at their duedates, depending on respective Batch processing modes.Due dates of payments made pursuant to the Orders contained ina Batch shall be determined as follows, if the required date ofpayment is the same as the date of submission of the Batch:• In case of continuous Batches or batch-type Batchessubmitted on a Business Day between 0:00 (midnight) and17:00 or on-line Batches submitted on a Business Daybetween 0:00 (midnight) and 20:30, the due date of therelevant Order contained in the Batch shall be identical withthe date at which the batch has been submitted;• In case of continuous Batches or batch-type Batchessubmitted on a Business Day between 17:00 and 20:30, thedue date of the relevant Order contained in the Batch shall beidentical with the date at which the batch has been submitted.The Orders in a Batch processed only in the on-line modeshall be settled at their due date, the other Orders on thefollowing Business Day den;• In case of on-line Batches, continuous Batches or batch-typeBatches submitted on a Business Day after 20:30, the duedate of the relevant Order contained in the Batch shall fall onthe following Business Day;• In case of Batches submitted on other days than BusinessDays, the due date of the relevant Order contained in theBatch shall fall on the following Business Day.M) Cancellation of Orders5.43 To cancel Orders, a Signature of one authorised User shall suffice,regardless of his/her User's Account Limit or Individual FXPayment Limit, even if the Multiple/Multilevel Authorisation hasbeen arranged. In case of Orders contained in a Batch, this ruleshall apply both to the cancellation of some Orders and to thecancellation of the whole Batch.5.44 Submitted Orders already settled by the Bank cannot be cancelledvia a PB Service or at the Client's Point of Sale, either.5.45 If a Batch is cancelled, only those Orders shall be cancelled thathave not been settled by that time. Each Batch may be cancelledby submitting another Batch consisting exclusively instructions toKomerční banka, a. s., with the registered office in:Prague 1, Na Příkopě 33, indication no. 969, postcode 114 07, Identification No.: 45317054ENTERED IN THE COMMERCIAL REGISTER KEPT WITH THE MUNICIPAL COURT IN PRAGUE, SECTION B, INSERT 13605/12
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Terms and Conditions of the Provision and Use of ... - Komerční banka

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