Term & Conditions
Term and Conditions
THIS AGREEMENT HAS BEEN ADJUSTED WITH THE REGULATION OF LAW AS WELL AS REGULATIONS OF FINANCIAL SERVICES AUTHORITY
General Terms and Conditions of PermataNet Service
This General Terms and Conditions of PermataNet Service (the following attachments and/or amendments and/or renewals hereinafter referred to as "PermataNet GTC") is an agreement that governs the terms and conditions, as well as the rights and obligations that apply and binding to PT. Bank Permata Tbk., a banking company which has been registered and supervised by Financial Services Authority, domiciled at Jakarta ("Bank") as the provider of electronic banking service and other related banking services to customers who act as themselves as the service users of the Bank including but not limited to PermataNet (hereinafter referred to as "Customer").
Throughout the context of the sentence, if does not specify otherwise, terminologies or definitions with initial capital letters in this PermataNet GTC have the following meanings:
- "Business Day" is a day on which the Bank is open and operates banking services in accordance with statutory provisions and applicable Bank policies.
- "Instruction" is an order given by the Customer to the Bank through PermataNet in accordance with the policies and procedures and regulations of the Bank.
- "Security code" is the User ID, Password, OTP generated from SMS Token or Mobile Token, PIN Mobile Token and other verification code provided by the Bank, which allows Customers to access their Account and to conduct a transaction through PermataNet.
- "Mobile Token" is an additional transaction security measure in the form of a program/software that installed on the mobile phone of the PermataNet Customer which has been previously registered, and used by the Customer to get OTP from the Bank.
- "One Time Passcode" or "OTP" is series of number that is valid for only one time of transaction which received and used at the time the Customer conducts the transaction through PermataNet.
- "Password" is a combination of letters and numbers (alphanumeric), which created by the Customer at the time of registering for the User ID and used when logging into PermataNet.
- "PermataNet" is an electronic banking service provided by the Bank, which can be used by Customers to access their Accounts and conduct banking transactions of the Account through the internet, with the feature of this service includes bill payment, fund transfer, mobile credit top-up, and other services that will be determined later by the Bank.
- "PIN (Personal Identification Number) Mobile Token" is a secret code consisting of six (6) digit series of numbers that are owned by customers who use Mobile Token to access Mobile Token.
- "Account" is the entire current or saving accounts or other types of account owned by the Customer that exist in the Bank, which listed in 1 (one) identification number (Customer Information Profile/CIF), which can be accessed by the Bank's electronic services.
- "SMS Token" is an additional transaction security measure whereby the Customers who are PermataNet users will receive OTP via SMS sent by the Bank to the mobile number of the Customers which has been previously registered.
- "Token" is a transaction security measure provided by the Bank in the form of SMS Token and Mobile Token and which the Customer is obliged to have.
- "User ID" is the Customer's identity, which created at the time of PermataNet registration and used when logging into PermataNet as the identity proof of the Customer.
- The Customer is obliged to properly maintain the confidentiality of the Security Code. The Customer is fully responsible for all risks and losses arising from the negligence and or loss and or intention in maintaining the confidentiality of Security Code which results such Security Code is known by other party either intentionally or unintentionally and therefore, the Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of any responsibilities, claims and indictment if the Security Code is known by others.
- The Customer is obliged to notify the Bank as soon as possible, if the Customer suspects the existence of the other party who may be able to access and use the Security Code that belongs to the Customer, in order for the Bank to take necessary action and steps deemed necessary for the security of Customer.
- The Customer remains responsible for all risks and losses arising from the implementation of Instruction, including an Instruction that is executed as a result of the Security Code that are known and used by the other party until the Bank has received the formal notice to block the User ID and/or debit card and/or the Account of the Customer through media provided by the Bank
- The Customer is fully responsible for all Instruction conducted by using the Security Code, either valid or not after the Instructions are authorized by the Bank due the use of the correct Security Code.
- In its sole discretion, the Bank will accept Instructions from the Customer that is believed to have been through the process of authenticating and verifying the correct Security Code. The Bank is not obliged to check/verify the identity of the instructor. All transactions executed by the Bank based on the Instructions are fully bound to the Customer.
- Due to any reason, the Bank at any time reserves the right to remove and or disable Security Code at any time without prior notice and/or approval to the Customer.
- For the security for conducting transaction through the internet, Customer is recommended to change the Password and PIN mobile token periodically.
- The Customer is obliged to pay the Bank for all the costs arising as the result of the use of PermataNet, which included transaction costs, and other costs in the amount determined in accordance with the applicable policies of the Bank.
- All costs incurred will be debited directly by the Bank from the Account at the Bank and the Customer hereby authorizes the Bank to debit the Account for payment of expenses related to the transaction and the use of PermataNet. Authorization granted to the Bank by the Customer cannot be withdrawn, revoked and/or will not end because of the reasons listed in article 1813 of the Civil Code or due to any cause.
- The Bank reserves the right at its sole discretion to change, add or charge for each of the costs that are used in PermataNet and for such changes and additional costs will be notified to the Customer through media that are determined by the Bank and such notification is bound to the Customer.
- Other agreements made between the Bank and the Customer for the obligation of costs related to the use of PermataNet will apply continuously and is an integral and inseparable part of the PermataNet GTC and binding the Customer.
- The Customer is obliged to pay all related expenses including taxes that are determined in accordance with the provisions of prevailing Law and regulations/government regulations.
- The Bank entitled to take into consideration and to charge the Customer, including to conduct a direct debit to the Account concerning the amount that must be paid by the Customer as referred to in Article 3 paragraph 1 of PermataNet GTC, which have been paid in advance by the Bank.
- Access fees or internet service that is a part of the service package from the telecom operator is the responsibility of the Customer and beyond the responsibility of the Bank.
- By prior notification by the Bank to the Customer in accordance with the applicable provisions and regulations, the Bank reserves the rights to (i) limit, reduce, modify, cancel and/or terminate all or part of the services available on PermataNet and (ii) add, withdraw or modify the type/form of existing transaction or that can be conducted through PermataNet.
- By prior notification by the Bank to the Customer in accordance with the applicable provisions and regulations, the Bank reserves the rights to set, change, or cancel the limit for each transaction, facilities, services, and products contained at PermataNet.
- The Bank will only execute every Instruction given by the Customer if Bank has managed to confirm the authenticity of such Instructions, which is verified through the process of authenticating and verifying the Security Code entered by the Customer, as well as the confirmation message of the transaction processing approval and the Customer has agreed to all terms and conditions related to the implementation of these Instructions.
- The authenticity examination of the Instruction will be conducted electronically by the Bank through PermataNet media on the request to enter the User ID and Password, OTP which is generated by Mobile Token or SMS Token and/or e-mail notifications, as well as confirmation, and if the Bank considers necessary to confirm directly, then the Bank can directly contact the Customer in a manner set by the Bank.
- In the event the Bank has received the Instruction, such Instruction given by the Customer is valid and binding on the Customer and cannot be changed, when.
- The Bank is entitled to reject, not process, and cancel the Instruction received by the system and procedures that apply at the Bank in case of one or more events as follows:
- Available fund in the Account are insufficient or below the minimum balance set by the Bank, or;
- The instruction causes the balance in the Account under the minimum set by the Bank, or;
- There is suspicion/allegation that an act of fraud or cheating, offenses has occurred or will occur, based on the Bank's consideration that it violates laws/regulations of the Bank's internal and/or provisions of laws and regulations that apply, or;
- The Bank considers that the Instruction may result for the Bank to be charged with responsibility and/or experience indictment, complaints, damages either directly or indirectly from any party, or;
- There is an instruction issued by the competent authority which must be complied and conducted by the Bank.
- The Bank, at its discretion, reserves the rights to cancel or postpone Instruction, which is received at any time without prior notice to the Customer, and without providing any compensation or penalty or reimbursement of any kind.
- Customer acknowledges and agrees to be fully responsible for all risks and losses arising in connection with the transaction changes and/or as a result of the negligence, mistake, fraud, deception, misunderstanding and Instructions obscurity.
- The Bank is not responsible for incomplete or incorrect Instruction and any transaction caused by the negligence and/or mistakes of the Customer, which resulted in losses for the Customer.
- Customer must follow all terms and conditions set by the Bank in connection with such Instruction.
- Customer is fully responsible for any damage, loss, impairment, claim or lawsuit, which is experienced by the Customer that may arise in connection with the omission or error of the transactions conducted by the Customer, and therefore the Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of any lawsuit, indictment and/or compensation that may be arised from any party in connection with the omission or error of the Customer of execution of such transaction.
- Fully indemnify the Bank, if any claims from third parties, losses, payments or any expenses that occured or any claims filed to the Bank at any time, and infrequently, either directly or indirectly related to the execution of Instructions, including but not limited to the cost of legal counsel and court incurred by the Bank.
- Customer hereby agree and authorize the Bank to provide access to Account so it can be accessed and used by the Customer to conduct transactions through PermataNet.
- Customer as the owner of the Account hereby agrees that the Bank has the right to use all data, material and information of the Customer obtained by the Bank, including but not limited to the use of personal communication of the Customer, to any third party, other parties who cooperate with the Bank or other authorities to the greatest extent possible and all purposes permitted by the applicable legislation including for the purpose of marketing the Bank's products or other party's products which cooperates with the Bank. For the use of data that requires approval from other party, the Customer hereby states that the Customer has obtained written approval from any third party in order to use such data, material and information, and therefore the Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of all risks, losses, indictment and/or responsibility that may arise in the future with respect to the use of data, material and such information to any third party which has obtained such Customer's approval.
- The Customer agrees that the Instruction that conducted through PermataNet is valid and can be proved by documents such as:
- Transaction mutation on the Account associated with the existing transaction at the Bank, and/or;
- Written or electronic documentation that is administered by the Bank in connection with the use of PermataNet, and/or;
- Letters and other electronic documents issued by the Bank.
- The Customer agrees not to dispute the validity, correctness or authenticity of the transaction receipt and electronically transmitted communication between the Customer and Bank which is kept by the Bank, including the document in the form of computer records or proof of Bank transactions, tape/cartridge, recording, computer printout, copy or other form of information storage. All data disclosed by the Bank or all of the tools or documents, which is the only valid evidence on banking transactions through PermataNet conducted by the Customer.
- By conducting transactions through PermataNet, the Customer acknowledges and agrees that all communication documents and transactions received by the Bank are a valid evidence eventhough such documents are not signed/electronically signed by the Customer and/or the Bank.
- Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of any loss or damage arising as a result of the following matters:
- Damage or loss caused by equipment, software, Internet browser providers or by the Internet Service Provider ("ISP") or its agents, and/or;
- Any disruption of computer viruses or trojan, worm or other harmful programs that could disrupt PermataNet service, web browser or computer system of the Bank, the Customer or the ISP, and/or;
- Unauthorized ISP use, and/or;
- Security Code abuse by the Customer or any third party, and/or;
- Instruction delivery error by the Customer, and/or;
- Customer's failure to follow instructions, procedures and directions to use PermataNet, and/or;
- Any direct or indirect loss or other consequences as a result of the omission or error of the Customer or any other party in connection with the use of PermataNet.
- With respect to matters mentioned in paragraph 1 of this Article, the Customer hereby agrees not to file a claim or indictment against the board of directors, board of commissioners or the Bank's officers.
- The Customer acknowledges that any Instructions from the Customer is not against the provisions of applicable laws and regulations, and the Customer is responsible and hereby ackonowledge that the Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of all risks and/or indictment that arising from any party in relation to the implementation of these Instructions by the Customer.
- The Bank is not responsible for any risks and the impact of the implementation of the transaction through PermataNet by the Customer, which in violation/contravention with the provisions in this PermataNet GTC or regulations and applicable Bank policies; and that the Bank will not provide indemnity and/or being liable in whatever form to the Customer or any party of any claims and legal risks, as well as damages in connection with the implementation of the transaction by the Customer for any reason that contrary to the applicable laws and regulations.
- Customer hereby agrees that the following events is a Force Majeure event (an emergency), namely equipment damage, virus, interference/damage to electrical connections, commotion, flood, explosion, chemical reaction, accident, illness, strikes, government regulations, and other natural disaster that are beyond the power of the Bank.
- In the event the Bank is unable or late in implementing Instructions both entirely or partly because occurrence of Force Majeure as defined as defined in paragraph 1 of this Article, the Bank hereby will not provide indemnity and/or being liable in whatever form to the Customer or any party of all risk, responsibility and indictment whatsoever, either from the Customer or other parties that may arise in respect of the delay and the failure to execute the Instruction as a result of Force Majeure, to the extent the Bank has performed any obligations in accordance with the applicable laws and regulations in relation to the occurrence of such Force Majeure.
- All notifications which must be sent by either party to the other regarding or in relation to this PermataNet GTC, must be made by registered mail, or by courier, or through the electronic media among others e-mail, or facsimile, or telex or short message system ("SMS") or phone cellular in accordance with data or information which has been received and registered by the Bank.
- Any notification and/or communication by either party as referred to in paragraph 1 as mentioned above is deemed to have been received or delivered:
- If sent directly by courier or expedition, on the date of receipt and or;
- If sent by registered mail, in 7 (seven) calendar days after the sending date, and/or;
- If sent by telex or facsimile, on the day of transmission (with confirmation from the receiver);
- If sent by e-mail, at the time when the confirmation has been received (return receipt).
- If sent through SMS, at the time when confirmation of send failure has not been received.
- Any change of address and or communication media of each party must be notified to the other party. Any notification and/or communication by either party to the other party shall be valid and binding to the Bank and the Customer insofar as it is conducted in accordance with the correspondent address and or communication media registered in the Bank. The Customer hereby declares to be fully liable for any loss and risk experienced due to the delay or failure to notify in regard to the change of such correspondent address and or communication media to the Bank.
- This PermataNet GTC is made in Bahasa Indonesia and English. In case of any difference of opinion or interpretation ("Conflict") between the Bahasa Indonesia and English version of the PermataNet GTC, the Bahasa Indonesia language version shall apply.
- Customer hereby understand and agree that unless otherwise determined by the Bank, the PermataNet GTC and other documents related to the PermataNet GTC is written in Bahasa Indonesia and or English language. In the event of any Conflict between Bahasa Indonesia and English version, then only the Bahasa Indonesia version apply to all translations, both regarding the preparation, interpretation, and implementation.
The PermataNet GTC as well as all its amendment/addition and or renewal are created, construed and executed under the laws of the Republic of Indonesia. Any dispute arising from or pursuant to this PermataNet GTC, will be settled by the following manner:
- The parties agree that any dispute or dissent arising from and/or in connection with the implementation of this PermataNet GTC, to the extent applicable, will be settled through deliberation.
- Any dispute or dissent which cannot be settled through deliberation by the Parties, such dispute or dissent shall be settled through mediation in banking field.
- Any dispute or dissent which cannot be settled through both deliberation and/or mediation in banking field, will be settled through one of District Court in the territory of the Republic of Indonesia, which is not prejudice the Bank's rights to submit suit to the Customer through other Court whether onshore or offshore and the Customer hereby release its rights to file exceptions regarding the relative power of the Court chosen by the Bank.
- By prior notification by the Bank to the Customer in any form and means in accordance with the applicable provisions and regulations, Bank reserves the right to modify, complete or replace the terms and conditions of this PermataNet GTC.
- The modifications to these terms and conditions of PermataNet GTC are binding on the Customer and is a unity and an integral part of the General Terms and Conditions of Account Opening at the Bank.
PermataNet service will end if one or more of the following conditions are fulfilled:
- Customer requests for the termination of PermataNet service through the nearest branch office or PermataTel phone number at 1500111 from fixed line or mobile phone, and/or;
- Customer closes an Account at the Bank and/or;
- User ID and or debit card and/or the Customer's Account is in a blocked status and/or due to certain condition such Account/User ID/debit card cannot be used to perform transaction, and/or;
- The Bank found misuse on the Account by the Customer and ot its authorized representative in connection with violations of the law, and/or;
- The Bank's obligation/decision to carry out a termination of access to these services as a requirement under the decree/decision of competent authority/officer according to provisions of the applicable law, and/or;
- The Customer submitted the wrong code for one or all of the Security Codes for three (3) times in a row, and/or;
- The Bank is experiencing a difficulty thereby terminating the PermataNet service delivery by giving notice to the Customer through the media that are determined by the Bank.
- Bank reserves the rights to unilaterally terminate or suspend the PermataNet service without prior notice to Customer in the event the following:
- Technical:
- In the event of technical problems on the network;
- Network is technically in the process of improvement, alteration and/or maintenance (being upgraded, modified and/or maintained).
- Non-Technical: network is indicated to be used for criminal or unlawful activities.
- The existence of statutes and or regulations, which prohibit the execution, and/or the use of service through internet or mobile banking services and/or the kind and/or can be equated.
- Technical:
With the approval of the PermataNet GTC by the Customer by "click"ing on the "agree" button of the application on the internet, thus the Customer have agreed to be bound to the terms and conditions of PermataNet GTC and other provisions set forth by the Bank in connection with the execution of transactions through PermataNet, which will be prior notified by the Bank to the Customer in accordance with the applicable provisions and regulations, the provisions of the existing legislation, as well as any changes, additions, and implementing regulations of what has been mentioned above.
The Customer hereby acknowledge that the Bank has the service and settlement of complaint procedures in relation to the implementation of PermataNet service which is accessible to the Customer through website www.permatabank.com and or other media specified by the Bank.
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THIS AGREEMENT HAS BEEN COMPLIED WITH PREVAILING LAW AND REGULATION INCLUDING FINANCIAL SERVICES AUTHORITY REGULATION