FCMBOnline Terms And Condition.


TERMS AND CONDITIONS

 INTERNET BANKING

 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 (“the Bank”):

  

1.     Interpretation

 

1.1   Service means the Electronic Banking Services of the  Bank, including Internet Banking, Telephone Banking, Secure message facility and bills payment services

 

1.2   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.

 

1.3   Account means a current or savings account or other

account maintained by the Customer with the Bank at any of the Bank’s branches in Nigeria

 

1.4   PIN means  personal identification number

 

1.5   Mailing Address means the customer’s mailing address in the Bank‘s records.

 

1.6   Instruction means the customer’s request to the Bank for the services.

1.7   ATM Card 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.

1.8   Switch means an online electronic transaction processing payment infrastructure that connects different payment channels to the payment processors and enablers

 

1.9   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.

 

2.     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 service;

 

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 Bank‘s control.

 

 

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 name;

 

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 person.

 

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 the customer.

 

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 account information.

 

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 unauthorized access.

 

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.

 

11 Guidelines

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 expectations;

 

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 of

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.

 

16 Indemnification

 

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.

 

 

18 Miscellaneous

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 above.

 

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: ……………………………………


I Disagree        I Agree


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