Definitions
In this agreement, the following terminology shall be adopted unless
the context suggests otherwise:
- Bank: The Saudi National Bank.
- Client: The individual or entity in whose name an account has been opened with the Bank.
- Agreement: The contents, terms & conditions of this form.
- User or Users: refers to the person (or people) designated and authorized by the Client to access and use eCorp service, by using the Bank’s official forms for such purpose signed or otherwise approved by the Client’s authorized signatories.
- Service: Refers to eCorp service, which means the User’s access and use of the Client’s accounts, financial or trade services electronically via the Bank’s eCorp website through the internet or any other electronic means.
- Parties: refers to the Client and the Bank combined.
Introduction
Scope of Agreement:
This agreement governs the use of the Service and shall apply to all financial and trade products or services initiated through the Service; and shall be binding on the Client and User(s).
Main Features of the Service:
The Service allows User(s) to inquire or otherwise obtain information regarding the Client’s accounts. The Service may also permit Users to initiate a number of financial and trade services and transactions.
Disclaimers of Liability and Delivery of Service
Disclaimer of Liability – General:
In no event shall the Bank have any liability to the Client or any other person or entity for damages of any kind arising from the Client’s use of, or inability to use the Service.
Disclaimers of Liability and Delivery of Service
Disclaimer of Liability- Third Party Information:
The Bank shall not be responsible for the accuracy and completeness of any information received from other banks or financial institutions other than the Bank by way of the Service, in no event shall the Bank be liable to the Client for any damages that the Client may suffer by relying on information received from financial institutions other than the Bank by way of the Service.
Disclaimer of Liability- Client Use:
The Bank shall not be held responsible for any losses or expenses incurred by the Client as a result of any violation or breach by the Client or its Users to the terms of this agreement.
No Representations or Warranties:
The Client acknowledges that there are inherent technological limitations and restrictions that continuous and/or uninterrupted availability of the Service relies basically, upon the employment of technology. Thus, the Bank makes no representation to the Client regarding the use of the Service or any communication or delivery system specified by the Bank with respect to its quality, timeliness, performance, accuracy, reliability, and continued availability or any other attribute. The Bank does not warrant that the Service or any communications or delivery system will conform to any description thereof provided by the Bank or will be free of errors or defects. Due to this the Client exempts and discharges the Bank from any and all responsibility resulting from being unable to access or use the respective services for any technical reason or other factors beyond the direct control of the Bank.
Access:
Access to use the Service shall be provided by the Bank through the internet or any other communication delivery system that the Bank may specify from time to time. The Client understands and acknowledges the confidentiality and other risks associated with the use of the Internet and similar technologies are taken into consideration. The Client accepts these risks, including third-party interference and other security risks inherent in such use, and agrees that the Bank shall not be responsible to the Client of any damages that it may suffer which are caused by such.
Delivery of Service:
In accordance with prevailing laws and interest of any of the Parties, the Client acknowledges that it is the Bank’s right to accept, reject or delay any of the following and with no responsibility on the Bank:
1. Provisioning the Service to any Client or User(s).
2. Directives received from the Client / User(s) through eCorp.
3. Response to any inquiry received by the Bank via or in regards to the Service.
4. Debiting any of the Client’s accounts for any activity reaching the Bank via the Service.
Directives & Inquiries Sent to Bank:
Following the Bank’s policies and procedures, the Client shall adhere to duly fill any necessary form regarding his directives, signed by the approved Client’s authorized signatories and sent to the concerned or should be after signed authorities in the Bank.
Legality of Instructions Received by Bank:
The Client is aware that requests and instructions received by the Bank via the Service will be legally binding and may be considered as conclusive evidence in case of any dispute.
Negligence and Damages:
The Client shall be liable for any damage that may arise from any User’s negligence or willful misconduct in accessing and using the Service or in safeguarding their login information.
Rules Governing Client Activity:
The Client adheres that all activities and transactions relating to the Service shall at all times be in compliance with applicable laws and regulations of The Kingdom of Saudi Arabia and Saudi Central Bank (including Anti-Money Laundering rules and policies).
Service Modification and Termination:
The Client may cancel or edit the Service for itself or any of its Users at any time by virtue of duly filled & signed forms provided by the Bank. The Bank may, in its absolute discretion, cancel the registration of any User at any time without the need of any prior written notification. The cancellation process shall not affect Client’s accountabilities for any directives issued or any transactions effected or any service already in progress at the time of cancellation.
Client Information Confidentiality:
In case the Client or any User's identification, password or token becomes known, obtained, stolen, lost or misplaced by whatever means, the Client shall be obliged to immediately notify the Bank thereof in writing. The Client shall be solely liable for all the instructions, directives and inquiries acted on in respect of such compromise.
The Client shall also exert all possible care and precautionary effort to ensure that only its Users shall have access to the Service, exclusively by using the credentials provided to each individual User by the Bank. The Client shall be fully and solely responsible for ensuring that such Users do not divulge or make available any User’s identification to any Bank officer or employee or any third party.
The Bank may occasionally communicate important notices to its Users via the Service by sending messages and/or alerts, and it is the User’s responsibility to periodically check their inboxes for such important message. Furthermore, the Client authorizes the Bank to make use of electronic mail in sending notifications and correspondences related to the Service. The Client should take all necessary measures to maintain the secrecy of messages received by any means and shall be held responsible for any violation in this regard.
Tariff and Charges:
The Client undertakes to pay the fees / charges determined by the Bank in relation to the Service as the Bank may prescribe from time to time. The Bank reserves the right to amend the fees / charges at any time and the Client shall be informed in the event of amendments to the fees / charges. The Client authorizes the Bank to debit its account(s) for any fees or charges.
Costs Associated with Using the Service:
Client agrees to bear all the costs of communication (including telephone usage and internet connectivity costs) and/or any other costs related to using the Service.
Token Device:
The Client acknowledges that any electronic system or device provided by the Bank is and shall remain at all the times the sole property of the Bank. Accordingly, the Client undertakes to deliver the said system or devices upon the request of the Bank and in the same condition in which the respective system was received by the Client.
Service Design:
The Bank shall have sole and full control in the design, configuration, appearance and content of the Service, and reserves the right to make modifications to such at any time. Furthermore, The Bank reserves the sole right to modify, suspend or discontinue the Service or any part of it (temporarily or permanently). The Client agrees that the Bank shall not be held liable to the Client or to any third party for any such action.
Governing Law & Dispute Resolution:
This agreement shall be governed by the laws and regulations of the Kingdom of Saudi Arabia. Any disputes arising under this agreement shall be referred to the Saudi Central Bank’s Committee for Settlement of Banking Disputes.
Headings:
All headings in this agreement are for reference purposes only and shall not be construed to limit or otherwise affect the interpretation of any provision in this agreement in any way.
Acceptance of Terms and Conditions:
The Client understands that accepting this agreement forms an explicit acceptance to all the terms and conditions provided herein and obligates the Client to use the Service exclusively within the provisions, ways and means provided. Accepting this agreement means that the Client shall not and may not make any amendments, changes or omissions of any part of the agreement, nor introduce or involve any item or phrase in any form whatsoever. The Client agrees that in case of such amendments they are to be considered null, void and of no legal significance or obligations towards the Parties.
Shall the Bank receive any modified terms or conditions on paper or through electronic means or any other means of communication, the Client acknowledges and agrees that the receipt by the Bank of such modifications does not constitute approval or acceptance by the Bank in any way for said modifications, and that the terms and conditions that have been modified by the client are rejected automatically without the need to notify the Client.
Changing or Amending The Terms and Conditions:
The Bank reserves the right to change any of the terms or conditions found in this agreement or to replace it entirely by posting any such revised content on the Service’s webpage, the Client’s continued access to or use of the Service shall constitute the Client’s acceptance of any such changes.
Bank Rights:
No failure by the Bank to exercise and no delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any rights, power or privilege preclude any other or further exercise thereof. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
This Agreement:
The agreement, and its terms and conditions supplement any agreement which the Client has executed or may execute with the Bank governing any of the Client’s accounts, services or products.
The Accredited Language:
The Arabic language is the language of interpretation and execution of this agreement. In case of any inconsistency between the Arabic and English texts, the Arabic text shall prevail and shall be the basis of interpretation and execution of this agreement.