TERMS AND CONDITIONS
I/We (“the Customer”) hereby confirm
and agree that the following terms and conditions shall govern my/our Electronic
Banking transactions with First City Monument Bank Plc
means the Electronic Banking Services of the
Bank, including Internet Banking,
Telephone Banking, Secure message facility and bills payment services
Access code, Pass code, Password, Transaction Password (hardware or software
token) and User name
means the enabling code with which the Customer accesses
the system and which is known only to the customer.
means a current or savings account or other
account maintained by the Customer with the Bank at any of the Bank’s branches
means the customer’s mailing address in the Bank‘s
means the customer’s request to the Bank for the services.
means an Automated Teller Machine card used by the customer to carry out
transactions within established limits, only in point of sale (POS) terminals and other places of settlement.
means an online electronic transaction processing payment
infrastructure that connects different payment channels to the payment
processors and enablers
Secure Message Facility
means the facility within the e-Banking Service that
enables the Client to send electronic messages (e-mail, sms) to the Bank,
including without limitation free-format messages, fixed format messages, or
instructions to make payments, requests for cheque books, Banker’s drafts or the
purchase or sale of securities and interests in mutual funds.
Scope and Mode of Service
2.1. The service allows the customers to give the Bank
instructions by use of PIN, Access code, Pass code, Password , token (software
or hardware) or User name and secure message (email, sms) for the following:
2.1.1 obtain information regarding customer’s balance as at the last date of
business with the Bank;
2.1.2 obtain information with regards to any instrument in clearing or any
credit standing in the customers account as at the last date of transaction on
the customer’s account;
2.1.3 authorize the Bank to debit customer’s account to pay a specified utility
bill such as NITEL, PHCN, water rate and/or any other bills as specified by the
customer subject however to availability of such bill payment under this
2.1.4 authorizing the Bank to effect a transfer of funds from the customer’s
account to any other account with the Bank and outside the Bank;
2.1.5 authorizing the Bank to effect any stop payment order;
2.1.6 authorizing the Bank to debit customers account and load same into any
form of prepaid card.
2.2 On receipt of instructions, the Bank will endeavor to carry out the
customer’s instructions on best effort basis, excepting all or any unforeseen
circumstances such as Act of God, Force Majeure, and other causes beyond the
3 For the service to be available to any customer, he/she must have any one or
a combination of the following:
3.1 an account with the Bank;
3.2 an Access code, Pass code, Password, token (software or hardware) and User
3.3 a computer;
3.4 an E-mail address.
4 Under no circumstances shall the customer allow any body access to his/her
account through the service.
5 Access code/ Pass code/ Password/ E-mails/Token/User Name
5.1 The Customer understands that his/her Access code/ Pass code/ Password/
E-mail/Token/User Name is used to give instructions to the Bank and accordingly
undertakes that under no circumstances shall the Access code/Pass code/
Password/Token be disclosed to anybody nor to write the Access code/ Pass code/
Password in an open place in order to avoid third party coming across same.
5.2 The customer undertakes that his / her Access Code / Pass Code / Password /
e-mail / token / User Name shall be kept way from third parties and shall not
save his / her pin in a recognizable form including the ATM cards or on any
other item carried along with the internet services. .
5.3 Once the Bank is instructed by means of the customer’s Access code/ Pass
code/ Password and Token, the Bank is entitled to assume that those are the
instructions given by the customer and to rely on same.
5.4 The customer’s Access code/ Pass code/ Password must be changed immediately
it becomes known to someone else.
5.5The Bank is exempted from any form of liability whatsoever for complying
with any or all instruction(s) given by means of the customer’s Access code/
Pass code/ Password/Token if by any means the Access code/ Pass code/
Password/Token becomes known to a third party or otherwise becomes compromised.
5.6 Where a customer notifies the Bank through e-mail of his/her intention to
change his Access code/ Pass code/ Password arising from loss of memory of same,
or that it has come to the notice of a third party, the Bank shall, with the
consent of the
customer, delete same and thereafter allow the customer to enter a new Access
code/ Pass code/ Password provided that the Bank shall not be responsible for
any loss that occurs between the period of such loss of memory of the Access
code/ Pass code/ Password or knowledge of a third party and the time the report
is lodged with the Bank.
5.7 Once a customer’s Access code or Pass code or Password or Token password
is given, it shall be sufficient
confirmation of the authenticity of the instruction given.
5.8 The customer shall be responsible for any instruct ion given by means of
the customer’s Access code or Pass code or Password or Token password.
Accordingly, the Bank shall not be responsible for any fraudulent, duplicate or
erroneous instructions given by means of the customer’s Access code or Pass code
Password or Token Password.
6 Customer’s responsibility
6.1 The customer undertakes absolute responsibility for
safeguarding his User name/ Access code/ Pass code/Password/ Token password,
and under no circumstance shall the customer disclose any or all of these to any
6.2 The customer undertakes to ensure the secrecy of his Access code/ Pass
code/ Password/ Token Password by not reproducing same in any manner whatsoever
either in writing or otherwise capable of making it known to persons other than
6.3 The Bank is impliedly exempted from any liability arising from unauthorized
access to the customer’s account and/or data as contained in the Bank’s records
via the service, which arises as a result of inability and/or otherwise of the
customer to safeguard his Access code/ Pass code/ Password/Token Password and/or
failure to log out of the system completely by allowing on screen display of his
6.4 The Bank is further relieved of any liability as regards breach of duty of
secrecy arising out of customer’s inability to scrupulously observe and
implement the provisions of clauses 6(i) - (iii) above, and/or instances of
breach of such duty by hackers and other unauthorized access to the customer’s
account via the service.
6.5 The customers Access code/Pass code/Password must be changed immediately it
becomes known to anyone else and therefore the customer is under a duty to
notify the Bank when ever his/her Access code/Pass code/Password has become
known to another person.
6.6 Where a customer notifies the Bank of his intention to change his Access
code/ Pass code/ Password arising from either his loss of memory of same or that
it has come to notice of a third party, the Bank shall with the consent of the
customer, delete same and thereafter allow the customer to enter a new Access
code/ Pass code/ Password. Provided that the Bank shall not be responsible for
any losses that occurs between the period of such memory loss of the Access
code/ Pass code/Password or knowledge of a third party and the time the report
is lodged with the Bank.
6.7 The customers shall be responsible for any fraud, loss and/or liability to
the Bank or third party arising from usage of the customer’s Access code/ Pass
code/Password and Token Password being used by a third party and other
Accordingly the Bank shall not be responsible for any fraud that arises from
usage of the customer’s Access code/ Pass code/ Password and Token Password
7 Upon enrolling of a customer for the service, the customer may be charged the
applicable monthly fee and/or usage fee whether or not the customer makes use of
the service during the period in question (once the customer has activated his
profile by access the system using his/her login credentials)
8 Under no circumstances will the Bank be liable for any damages, including
without limitation direct or indirect, special, incidental or consequential
damages, losses or expenses arising in connection with this service or use
thereof or inability to use by any party, or in connection with any failure of
performance, error, omission, interruption, defect, delay in operation,
transmission, computer virus or line or system failure, even if the Bank or its
representatives thereof are advised of the possibility of such damages, losses
or hyperlink to other internet resources are at the customers risk.
9 Copyright in the pages and in the screens displaying the pages, and in the
information and material therein and arrangement is owned by the Bank.
10 The Bank shall not be responsible for any electronic virus or viruses that
the customer may encounter in course of making use of this service.
The customer undertakes to:
11.1 Provide accurate information. Agree to provide true, accurate, current and
complete information about himself/herself as requested in our registration form
and account opening forms and the customer agree not to misrepresent his/her
identity or information, which may include user names, password or other
access devices for such accounts.
11.2 Comply with the law. Customer agrees not to use the service for illegal
purposes or for the transmission of material that is unlawful, harassing,
libelous (untrue and damaging to others), invasive of another’s privacy,
abusive, threatening, or obscene, or that infringe the right of others.
11.3 Proprietary rights. The customer acknowledges and agrees that the Bank
owns all rights to this web site and the content displayed on the site. The
customer is only permitted to use this content as expressly authorized by the
service. Customer may not copy, reproduce, distribute, or create derivative work
from this content. A violation of any of the above guidelines is grounds for
discontinuation of the service by the Bank.
Disclaimer of Warranties
12 The customer expressly understands and agrees that use of the service is at
his/her sole risk. The service is provided on an “as is” and “as available”
basis. The Bank expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
13 The Bank makes no warranty that:
13.1 the service will meet customers requirements;
13.2 the service will be uninterrupted, timely, secure, or error-free;
13.3 the results that may be obtained from the use of the service will be
accurate or reliable;
13.4 the quality of any products, services, information or other material
purchased or obtained by the customer through the service will meet his/her
13.5 and any error in the technology will be corrected.
14 Any material downloaded or otherwise obtained through the use of the service
is done at customer’s own discretion and risk and the Bank is not responsible
for any damage to customer’s computer system or loss of data that results from
the download of any such material. No advice or information, whether oral or
written, obtained by customer from us or through or from the service will create
any warranty not expressly stated in these terms.
15 Limitations of liability
I/We agree that the Bank will not be liable for any act, omission or damage
whether direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to damages for loss of profits, goodwill, use
or other intangible losses, even if the Bank had been advised of the possibility
such damages, resulting from:
15.1 the use or the inability to use the service;
15.2 the cost of getting substitute goods and service resulting from any
products, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service;
15.3 unauthorized access to, or alteration or transmission of data;
15.4 statements or conduct of anyone on the service;
15.5 or any other matter relating to the service.
Except when caused by the Bank’s intentional misconduct or gross negligence,
customer agree to protect and fully compensate the Bank and its affiliates and
service providers from any/and all third party claims, liability, damages,
expenses and costs (including, but not limited to, legal fees) caused by or
arising from customer’s use of the service, violation of the terms or
infringement, by any other user of customer’s account, or any intellectual
property or other right of anyone.
17 Service changes and discontinuation
The Bank reserves the right to change or discontinue, temporarily or
permanently, the service at any time without notice. In order to maintain the
security and integrity of the service the Bank may also suspend customer’s
access to the service at any time without notice. Customer agrees that the Bank
will not be liable to the customer or any third part y for any modification or
discontinuation of the service.
The Bank shall not be considered an agent or other legal representative of the
customer for any purpose by reason of this agreement and/or any other party whom
the customer is using this service to pay. This agreement cannot be amended by
the customer nor any of the Banks rights waived, unless the Bank agrees in
writing or customer continues using the service following receipt of notice of
any changes proposed by the Bank. This agreement is personal to the customer and
the customer may not assign it to anyone.
All notices to the customer shall be in writing via the address (email or
contact) the customer has provided to the Bank, all notices to the Bank must be
made in writing or from the supplied email address that has undergone KYC sent
to the Bank’s address. The relationship between the Bank and the customer shall
not be deemed to create any association, partnership, joint venture, or
relationship of principal, agent or master and servant, employer or employee
between parties and nothing contained in this agreement shall be so construed.
If any of these terms is held to be unenforceable, then such provision shall be
construed, as nearly as possible, to reflect the intentions of the parties with
other provision remaining in full force and effect. The laws of the Federal
Republic of Nigeria shall apply to this agreement.
I hereby certify that I understand and agree with all terms and conditions
DATED THIS …………. DAY OF ………………, 20……..
Signed, Sealed and Delivered under the hand of the above named Customer the day
and year written above.
CUSTOMER’S SIGNATURE: ……………………………………