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QATAR NATIONAL BANK-Tunisia, S.A. with a capital of 644 million dinars whose head office is located in the Rue cité des Sciences, B.P.320 - 1080 Tunis-Cedex, registered with the Trade and Companies register : Tunis under the identification number B122251996, tel. (+216) 36 004 000, fax (+216) 36 005 100, e-mail contact@qnb.com.tn, www.qnb.com.tn The conditions of access, the content of the service -the applications of which are inherently upgradable-, as well as the liabilities of each party, are detailed in these General Terms and Conditions. 1. OBJECT QNB TUNISIA (hereinafter "QNB") puts at the Customer’s disposal an online banking service, hereinafter referred to as "INTERNET BANKING", which is open to any Customer who happens to be a natural person of legal age and capacity , owner of an account in QNB’s passbooks and having approved these Terms and Conditions of Use. The "INTERNET BANKING" service provides access to the essential services, as described below. The access to the essential services namely includes: - viewing current balance and transaction information on accounts open in QNB’s passbooks of which the Customer is owner or joint owner, including visual access to the accounts statements. - ordering check books and performing transfers between the Customer's personal accounts, - performing transfers in dinars to accounts at QNB Tunisia and other banks. - "QNB Messaging", which allows exchanges of information between the Customer and QNB relating to the management of accounts held by the QNB Customer and the products and services offered by QNB. The “INTERNET BANKING” complements but does not replace the relationship established with QNB Tunisia where the accounts opened by the Customer are still domiciled. The purpose of this agreement, including its legal notice (attached hereto), is to define the content, conditions of access and the functioning of the service. It supplements the other signed agreements, in particular, the account opening agreement with the Customer, which remains applicable unless otherwise expressly provided for in this agreement. 2. TERMS OF USE OF THE SERVICE 2.1 Conditions of access to the service You can gain access to "INTERNET BANKING" through the use of a terminal connected to a telecommunication network compatible with the "INTERNET BANKING" service (hereinafter the "Communication medium/ media"). The Customer hereby acknowledges and accepts that the services to which he may have access may differ according to the means of communication he uses with QNB. It is up to the Customer alone to verify, under his sole responsibility, the adequacy and compatibility of the means of communication with the INTERNET BANKING service, in particular with regard to the choice of his Internet service provider and his software licenses. In no event shall QNB be liable for any malfunction or damage caused to the Customer in the event of access to the INTERNET BANKING service by his means of communication. The expenses and costs of acquisition, rental of the terminal, its installation and maintenance, and the expenses of access and use of the network too (internet as well as telephone) are not the responsibility of QNB. The Customer hereby declares to be informed that the security of the telecommunication network cannot be guaranteed by QNB. QNB cannot be held liable for the consequences resulting from an error of handling by the Customer or from an anomaly of transmission as well as from the impossibility of access to the service resulting in particular from a technical incident, QNB also undertakes to implement in its systems appropriate technical and organizational means taking into account the current state of technology for the operation of the INTERNET BANKING service and the security of transactions. For security reasons, QNB may have to suspend access to the service or some of the features of the service. QNB shall not then be held responsible for the consequences of the interruption of the service for the Customer. In the event of difficulties in using the INTERNET BANKING service, the Customer is always able to contact QNB by telephone (+216 36 004 000) or by messaging. 2.2 Username and Password The Customer shall authenticate himself by the use of a personalized security device requiring the cumulative use of an identifier and a secret personal and confidential access code. On initial access to the INTERNET BANKING service, the Customer gains access to a secure form allowing his identification by means of a secure identifier and then a secret code which he shall create under the conditions set out in the said secure form. In order to ensure the confidentiality of access to the INTERNET BANKING service, the identification of the Customer is needed to gain access to the INTERNET BANKING service. Access to the INTERNET BANKING service shall be strictly limited to the Customer. The Customer therefore undertakes to prohibit its use to any other person, including his family members. It shall be the sole responsibility of the Customer to use and maintain the confidentiality of his secret code, as well as the consequences of a divulgence to any other person. QNB cannot be held liable for any consequences resulting from the fraudulent or abusive use of the code in the event that the Customer, due to gross negligence, has not fulfilled his obligations to protect the confidentiality of the data necessary for his authentication. Beyond the initial connection, the Customer, can at any time reset his secret code. QNB recommends that the Customer regularly modifies his secret code, at least every quarter. In the event of loss of his code, the Customer may, at any time, request the assignment of a new code on http://www.qnb.com.tn, he will have to answer a question which he would have pre-filled in his initial connection. In the event that the Customer suspects that his PIN has been diverted, stolen and / or known to a third party, he must immediately inform QNB by telephone (+216 36 004 000) so that QNB will block access to the INTERNET BANKING service. For security reasons and in order to protect the Customer’s assets as much as possible, access to the service is also interrupted after THREE unsuccessful attempts to identify the Customer or at the initiative of QNB in case of suspicion or detection of any fraudulent transactions. In the event of blocking access to the service, the Customer must contact QNB by telephone and / or messaging, he will then be informed of the procedure to follow in order for QNB to unblock his access. 2.3 Digital signature by personal code It is agreed between QNB and the Customer that entering the secret code by the Customer is equivalent to the Customer's digital signature, thus enabling his identification and proving his consent to the transactions carried out (including transfer, subscription, debit) and the debiting of the latter to the Customer. In line with the development process of online products or services offers, it is also agreed between QNB and the Customer that the entry of his secret code will serve as a digital signature, in particular for online validation of application forms for subscription and / or subscription to products or services offered by QNB. 3. CONDITIONS OF PERFORMANCE AND VALIDITY OF TRANSACTIONS The transactions carried out within the framework of the INTERNET BANKING service as defined in Article 1 of these General Terms and Conditions are as follows. 3.1 Viewing account current balance and transaction information The Customer is authorized to view the current balance and the transactions on his personal accounts whether he is the owner or the joint-owner. The information is provided on the date specified on the screen excluding the transactions being processed. This information shall apply errors or omissions excepted and it does not concern the outstanding debit and / or credit cards. The Customer is required to check the periodic statements of account sent by QNB. Periodic statements of account sent by QNB in paper or in electronic PDF format will continue to be binding between the parties under the usual conditions as determined in the account agreement between the Customer and QNB. 3.2 Transfer The Customer is allowed to enter account-to-account transfer orders in all accounts of which he is owner or joint owner and also of those for which he holds a power of attorney. Any order can only be executed provided that the debit account statement is in order, and contains available and sufficient funds. The date of receipt of the transfer order is the date on which the order is deemed validly received by QNB. From this date, orders entered by the Customer are executed within two working days. As part of its duty of vigilance and in order to protect the Customer against fraudulent transactions, QNB reserves the right to suspend the execution of any transfer order sent via the INTERNET BANKING service in order to carry out any usual additional checks. QNB may, if necessary, require the transfer order to be given in the form of a handwritten paper order. In the event that a transfer order is not executed, QNB will inform the Customer of the execution refusal and of its reason by displaying an information message on the screen or by any other means agreed with the Customer. 3.3 Checkbook Order - RIB Edition On his accounts that can be accessed via the INTERNET BANKING service, the Customer may make checkbook orders on his deposit accounts and may edit RIB / IBAN on his accounts, too. 3.4 QNB Messaging "QNB Messaging" is intended for the exchange of information between the Customer and QNB. The Customer may request processing a transaction and / or giving instructions to QNB. In this case, it should be noted that QNB will only be able to take notice of such requests on the working days and working hours of QNB. QNB will inform the Customer, as the case may be, of the taking into account of his request, the need for any complement, the execution or refusal of the request / the impossibility of its execution. QNB reserves the right to request at any time written confirmation, in paper form, or orally, of any instruction given remotely. The exchanges of information referred to above may only include matters relating to: - the management of accounts held by the Customer at QNB and the accounts of third parties over which he has a power of attorney or an adequate representation power, provided that these accounts have been included in the INTERNET BANKING service; - products and services offered by QNB; QNB Messaging can only be used between the Customer and QNB. 3.4.1. Service features: QNB Messaging enables the Customer to gain access to the following features: • The Customer will be able to exchange messages in the formats predetermined by QNB. • The Customer shall have the ability to file, index, archive, delete his messages and empty the recycle bin of his QNB messaging. The messages exchanged between the Customer and QNB, through QNB Messaging, are automatically archived by QNB and are saved during the legal periods provided for this purpose. The use of QNB Messaging involves knowledge and acceptance of the characteristics and limitations of the Internet, including technical performance, response times for consulting, querying or transferring information, interruption risks, and more generally the risks inherent in any connection and transmission over the Internet. It is the Customer's responsibility to take all appropriate measures to protect his own data and / or any software stored on his computer equipment against any damage or attack of exogenous origin. The Customer's connection to QNB Messaging is the entire responsibility of the Customer. QNB cannot be held responsible in the event of malfunctions of the Internet network, in particular due to external malicious acts or force majeure that would prevent the proper functioning of QNB Messaging. QNB cannot be held liable if the Customer fails to connect to QNB Messaging due to network congestion. Similarly, QNB cannot be held liable for errors in the handling of the Customer during the use of QNB Messaging. 3.4.2. Customer’s obligations The Customer shall be responsible for any content sent by QNB Messaging. In the event of use of QNB Messaging, the Customer is prohibited from engaging in acts of any kind (including sending, disseminating, publishing, issuing, publishing or otherwise) In particular, but without limitation , the Customer shall not: (i) engage in acts of defamation, insult, threats, blackmail, harassment or any acts of invasion of privacy or which are detrimental to human dignity, (ii) engaging in acts constituting an apology for crimes against humanity, denial of genocide, incitement to violence, racial hatred or pornography, especially child pornography; (iii) transmitting, disseminating, editing, publishing or making accessible any content that may constitute, without limitation, incitement to commit crimes and offenses; spreading false news or financial information covered by the duty of secrecy, as well as any content intended to present or propose for sale objects and / or works, software, contents prohibited by Tunisian law or infringing rights of third parties; constituting contempt to court; infringing the privacy, the protection of personal data or the secrecy of correspondence; disclosure of information covered by secrecy, relating in particular to full adoption, an ongoing trial, suicide, or the health of a third party, or to an individual assets or financial situation covered by secrecy or the right to privacy; or else of acts jeopardizing minors, in particular by the manufacture, transmission, dissemination or making accessible any messages of violent or pornographic nature, which may infringe human dignity or permit the manufacture of explosives; (iv) Trying to mislead other users by stealing an identity or a corporate name or by infringing the image or reputation of others and / or pretending to be a third party, or an employee, an authorized service or an affiliate of QNB; (v) tampering with data, messages or documents, message headers or identification data or connecting to a service or otherwise manipulating an identifier that leads to concealing the origin of the transmission of content Via QNB Messaging; (vi) engaging in infringement of intellectual property rights (including music, video, animation, games, software, databases, images, sounds and texts) or any other proprietary right (hereinafter collectively referred to as the "Rights") belonging to others; (vii) issuing, disseminating, transmitting or otherwise making accessible any content that includes or constitutes computer viruses or any other computer code or program designed to interrupt, destroy, misappropriate or limit the functionality or performance of any software, computer, service or electronic communications tool. Note this list is not exhaustive; (viii) disrupting, slowing down, blocking or altering the normal flow of data exchanged in QNB Messaging, speeding up the pace of QNB Messaging content in such a way that QNB Messaging is altered or modified, or committing any other actions having an equivalent disruptive effect on the functionality of QNB Messaging; (ix) fraudulently accessing, holding, interfering or disrupting QNB information systems including QNB Messaging, servers, networks connected to QNB Messaging, or refusing to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to QNB Messaging. 3.4.3. Confidentiality of exchanges, personal data QNB Messaging is a private communication space enabling the Customer to exchange personal files and messages with specific, known and individualized persons that can thus be described as private correspondence. The exchanges between the Customer and QNB are also confidential as they are subject to banking secrecy. Since this information is protected by professional secrecy, QNB may only communicate it to third parties upon the requisition of a competent judicial or administrative authority. Personal data shall be collected by QNB, in its capacity of controller, for the purpose of Knowing the Customer and managing the banking and financial relationship. They may be used for commercial prospecting, subject to the exercise of the Customer's right to object and for the purposes indicated in the provisions included in the Account Agreement between the Customer and QNB. All requested information is necessary and the absence of a response may prevent QNB from responding favorably to the Customer's request. The Customer may at any time access information that concern him, rectify it and oppose, free of charge, its communication to third parties or its commercial use to QNB by writing. 3.5 Viewing credit information – carrying out on-line transactions The Customer is authorized to consult the main information relating to the loans and / or credits in progress of which he is a borrower or co-borrower. 3.6 Conditions applicable to all transactions made via INTERNET BANKING All transactions covered by INTERNET BANKING are accessible: - under the regulatory conditions, or otherwise agreed, of the opening and functioning of the accounts and subject to the funds in the account. - under the conditions and within the regulatory or contractual operating limits of the loans or credits in question. Debit transactions resulting in compliance with the rules in the automatic closure of the accounts to which they relate shall be excluded from the service. QNB reserves the right to request at any time confirmation in paper form of any order given at a distance. Transactions covered by the INTERNET BANKING service can also be carried out in a branch, in particular in the event of service interruption. Information regarding documents including account statements, scale of interest, check image, credit and debit notice are not valid for legal use. The Customer must contact the branch to get the official documents for legal use. 4. FINANCIAL CONDITIONS The INTERNET BANKING service may entail payment of a periodic contribution referred to in the Tariffs and Conditions applicable to the Customer available at the branch as well as on the QNB website. This fee, and any charges arising from the use of the services provided, shall be invoiced by QNB and deducted from the account chosen by the Customer. Any proposed changes to the applicable financial conditions shall be communicated to the Customer in paper form or through another medium, via a message on the statement of account, by providing an excerpt from the updated tariff guide or by any other specific communication means. In default of Customer's objection to the bank before the date of application of the modifications implies acceptance of the modifications. In the event that the Customer refuses the modifications proposed by the bank, he must indicate his disagreement before that date to QNB all in writing (registered letter or handing over to the branch against receipt). The Customer may, prior to this date, terminate the INTERNET BANKING agreement free of charge. The costs of access and use of the telecommunications network shall be borne by the Customer, in accordance with the modalities set by his access providers and telecommunications operators. QNB remains unaffected by any dispute that may arise between the Customer and the latter. Moreover, if necessary, the transactions carried out via the INTERNET BANKING service remain subject to their own financial conditions in accordance with the Tariffs and Conditions applicable to the Customer. 5. PROOF AND REGISTRATION/ RECORDS OF PAST ORDERS VIA INTERNET BANKING In accordance with the provisions of article 2.3 hereof, the use of the secret code is deemed to be equivalent to a signature on the part of the Customer and is evidence that the orders sent by this means have been given by the Customer. Orders and transactions made via INTERNET BANKING, are subject only to the condition that they combine the entry of the Customer's identifier and his secret code, and irrefragably demonstrate the Customer's consent to the rights and obligations arising from the content of the said orders and their execution, in the same way as a handwritten signature. The records by QNB technical devices that are used to receive the instructions or to reproduce them on a computer or paper medium also constitute for both QNB and the Customer: - proof of such instructions and justification of their allocation to the account / credit of the Customer, - proof of the conclusion and the content and terms of the agreements relating to products or services subscribed online via INTERNET BANKING. Any copies of contracts and agreements, however, are retained by QNB over the period required by the rules of the legal and contractual regulations. The information provided by the INTERNET BANKING service shall be deemed valid -errors or omissions excepted- and subject to the transactions in progress. The records to which the Customer has access may be of a provisional nature. Statements of account issued by QNB in paper or PDF format and, if applicable, written confirmations of transactions, will continue to be evidence between the parties under the usual conditions. 6. Duration - DENUNCIATION - TERMINATION - SERVICE MODIFICATION 6.1 Duration - Terms of denunciation and termination The INTERNET BANKING service agreement is concluded for an indefinite period and may be denounced by either party at any time by written notice. The closing of the account (s) being processed and / or retrieved via INTERNET BANKING as well as the closing of the account on which the amount of the fees and / or charges related to the INTERNET BANKING service is withdrawn, at the initiative of one or the other party will lead however to the termination of the INTERNET BANKING agreement, without any formality or delay. 6.2 Amendments The Customer may request the amendment of the INTERNET BANKING agreement (in particular the list of accounts). He can send his amendment requests directly via INTERNET BANKING or deliver them to his branch. The amendments shall be effective subject to acceptance by QNB. Any proposed development of these general terms and conditions shall be communicated to the Customer in paper form or on another durable medium at the latest two months before the due application date and in particular by a message on the statement of account or by any other specific communication means. The absence of any challenge by the Customer to QNB before the date of application of the amendments implies acceptance of the amendments. In the event that the Customer refuses the amendments proposed by the bank, he must indicate his disagreement before this date to QNB all in writing (registered letter or handing over to QNB against receipt). The Customer may, prior to this date, terminate the INTERNET BANKING agreement free of charges. 6.3 Suspension of Service QNB may suspend the use of the INTERNET BANKING service in one of the following cases: - impossibility of levying the fees and / or the charges of using the INTERNET BANKING service for any reason whatsoever; - Existence of a banking incident affecting one of the Customer's accounts, including blocking and / or disclosure of a banking prohibition; - Notice to third Party or attachments on bank accounts by third party. As part of its duty of vigilance and in order to protect the Customer against fraudulent transactions, QNB reserves the right to suspend the access to the INTERNET BANKING service in order to carry out any usual additional checks. 7. Personal data The personal data collected in connection with the use of the INTERNET BANKING service are intended for QNB which, by express agreement, is authorized to save them in computer memory and to communicate them to the companies of its group, to third parties for management needs, or to its subcontractors and its contractual partners, both within or outside Tunisia. 8. Applicable Law & Language These General Terms and Conditions are in French. A free translation into English is annexed. 9. Applicable Law and Competent Jurisdiction These General Terms and Conditions of Use shall be governed by the Tunisian law. In the event of a dispute and in the absence of an amicable settlement, the dispute shall be brought before the courts of Tunis I. |