In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise:
BANK refers to Bank Muscat a banking company incorporated in the Sultanate of Oman.
CUSTOMER refers to the Individual Account holder or the Legal Entity authorized by the Bank to open an account with the Bank.
USER(s) refers to the customer and / or person(s) authorised by the customer to use Internet Banking. One or more USERs can be identified to operate the Account(s) through the Internet and each USER can be assigned limits to perform financial transactions in line with the Operating Instructions Mandate provided by the customer for operating the Account(s) through modes other than Internet.
INTERNET ACCOUNT refers to the Customerís Savings and / or Current Account and / or any other type of account identified by the Customer as one of the Linked accounts at the time of applying for the Internet facility or subsequently for operations through the use of INTERNET.
TERMS refer to Terms and Conditions for use of INTERNETas specified in this document.
In this document, all references to the USER being referred in masculine gender will also include the feminine gender.
2. Applicability of TERMS
These TERMS form the contract between the Customer and the BANK. By applying for INTERNET SERVICE and accessing the service through the authorised USER(s), the customer acknowledges and accepts these TERMS. These TERMS will be in addition to and not in derogation of the terms and conditions relating to any account of the customer.
3. Application for INTERNET SERVICES
The BANK may offer INTERNET SERVICES to selected customers at its discretion. The customer would need to be a current Internet user or have legal access to the Internet and knowledge of how the Internet works. Interest in the use of INTERNET SERVICE may be registered on-line through the Bankís web site. The Bank will forward the INTERNET application form, a copy of these terms and conditions and the brochure explaining the service to the person who has registered his interest. The acceptance of the registration and the acknowledgement thereof does not automatically imply the acceptance of application for INTERNET SERVICE.
The BANK will advise from time to time the Internet software such as Browsers which are required for using INTERNET SERVICE
There will be no obligation on the BANK to support all the versions of these Internet software.
Processing of Transactions
The Requests submitted by the USER(s) through the INTERNET BANKING SERVICE may either be processed online (i.e. spontaneously) or offline (i.e. after a gap of some time). The time interval between the submission of the request and the actioning of the same by the BANK would be indicated on the respective screens of the BANKís INTERNET BANKING SERVICE. The BANK will not be liable for any events which take place with regard to the request submitted, between the time the request is submitted on the Internet and the stipulated time required by the BANK for actioning the concerned request.
4. INTERNET SERVICE
The BANK shall endeavor to provide to the USER through INTERNET BANKING, services such as Account Opening, Enquiry about the balance in his Internet Banking account(s), details about transactions, Statement of Account, Request for issue of cheque-books, Request for issue of ATM Cards, Request for transfer of funds between linked accounts of the same Customer, Payment of Utility Bills and such other facilities as the BANK may decide to provide from time to time. These facilities shall be offered in a phased manner at the discretion of the BANK. The Bank may also make additions / deletions to the services offered through INTERNET at its sole discretion. The availability/ non-availability of a particular service shall be advised through email, web page of the BANK or written communication.
The BANK shall take reasonable care to ensure the security of and prevent unauthorised access to the INTERNET BANKING SERVICE using technology reasonably available to the BANK.
The USER shall not use or permit to use INTERNET BANKING or any related service for any illegal or improper purposes.
5. INTERNET BANKING Access
The Customer would have to identify the authorised USER(s) to access the INTERNET BANKING SERVICE. Each User would be allotted an User-Id and a secret password by the BANK in the first instance. The USER will be required to change the password assigned by the BANK on accessing Internet Banking for the first time. As a safety measure the USER shall change the password as frequently thereafter as possible.
In addition to User-Id and Password the BANK may, at its discretion, advise the USER to adopt such other means of authentication including but not limited to digital certification and/ or smart cards.
The USER shall not attempt or permit others to attempt accessing the account information stored in the computers of the BANK through any means other than the Internet Banking service.
The USER must:
keep the User-Id and password totally confidential and not reveal the password to any third party.
choose a password which shall be at least
8 characters long and shall consist of a mix of alphabets, numbers and special characters which must not relate to any readily accessible personal data such as the USERís name, address, telephone
number, driver licence etc. or easily guessable combination of letters and numbers.
commit the User-Id and password to memory and not record them in a written or electronic form, and
not let any unauthorised person have access to his computer or leave the computer unattended whilst accessing INTERNET BANKING.
If the USER forgets Internet Banking User-Id or password, he can request for change of the password by sending a written request to the BANK. The selection of a new password and/ or the replacement of Internet Banking User-Id shall not be construed as the commencement of a new contract.
7. Joint / Corporate Accounts
The Internet Banking SERVICE will be available to all Customer Accounts (Individual joint accounts or Corporate accounts) which are operated jointly by more than one Authorised Signatories. These Customers should identify the USER(s) authorised to use the Internet Banking Service to operate the linked accounts. Each USER would be given a separate User-Id and Password to access the Internet Banking Service. The BANK can set up Limits for each of the USERs as authorised by the customer to operate the Linked accounts. These Limits would apply to all the financial transactions initiated by the USER(s). The BANK can set up Limits for financial transactions, as authorised by the customer, for USER(s) which can apply singly or jointly i.e. the USERs using their User-Id and password jointly to initiate financial transactions. USER group limits can be set up for joint transactions. The customer shall expressly agree with this arrangement and give their consent on the application form for use of Internet Banking . In case the customer or any of the USERs gives "stop paymentĒ instructions in respect of operations through the use of Internet Banking (or in writing), on any of the Linked accounts, the INTERNET BANKING SERVICE will be discontinued for the Customer.
8. Minimum Balance and Charges
The Customer shall maintain, at all times, such minimum balance in Linked account(s), as the BANK may stipulate from time to time. The BANK may, at its discretion, levy penal charges for non-maintenance of the minimum balance. In addition to the minimum balance stipulation the Bank may levy service charges for use of INTERNET which will be advised to the USER at the time of opening the account and also be published on the Web site of the BANK. Any further change in the fees shall be notified on the BANKís Web site sufficiently in advance of the changes taking effect. The USER authorises the BANK to recover all charges related to INTERNET BANKING SERVICE as determined by the BANK from time to time by debiting one of USERís designated accounts.
The BANK may withdraw the INTERNET facility, if at any time the amount of deposit falls short of the required minimum as aforesaid and/ or if the service charges remain unpaid, without giving any further notice to the Customer and/ or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
9. Funds Transfer
The USER(s) can use INTERNET BANKING SERVICE for funds transfer only between the accounts identified as linked accounts by the Customer at the time of applying for the Internet Banking SERVICE or later.
The BANK will endeavour to effect such funds transfer transactions received through INTERNET requests provided there are sufficient funds available in the USERís account. The BANK shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of the BANK.
The USER(s) can also use INTERNET BANKING SERVICE to pay the Utility Bills provided the Customer has authorised to link all Utility Bills payment accounts with the Customer Base number only for the purposes of INTERNET BANKING SERVICE.
10. Authority to the Bank
Banking transactions in the Customerís linked account(s) are permitted through INTERNET SERVICE only after authentication of the User-Id and password of the USER(s) authorised by the customer. The Customer grants express authority to the BANK for carrying out the banking transactions performed by the authorised USER(s) through INTERNET BANKING. The BANK shall have no obligation to verify the authenticity of any transaction received from the USER(s) through INTERNET BANKING or purporting to have been sent by the USER(s) via INTERNET other than by means of verification of the User-Id and the password.
The display or printed output that is produced by the USER(s) at the time of operation of INTERNET BANKING is a record of the operation of the Internet access and shall not be construed as the BANK's record of the relative transactions. The BANKís own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within a week from the date of sending the periodical statement to the Customer or the updation of the passbook.
11. Accuracy of Information
The USER(s) is responsible for the correctness of information supplied to the BANK through the use of INTERNET BANKING or through any other means such as electronic mail or written communication. The BANK accepts no liability for the consequences arising out of erroneous information supplied by the USER(s). If the USER suspects that there is an error in the information supplied to the BANK by him, he shall advise the BANK as soon as possible. The BANK will endeavour to correct the error wherever possible on a Ďbest effortsí basis.
If the USER notices an error in the account information supplied to him through Internet Banking or by the use of any of the Internet Banking services, he shall advise the BANK as soon as possible. The BANK will endeavour to correct the error promptly and adjust any interest or charges arising out of the error.
12. Liability of the USER and the BANK
The Customer shall not be liable for any unauthorised transactions occurring through the use of Internet Banking which can be attributed to the fraudulent or negligent conduct of the employees or agents of the BANK.
If the USER has complied with the TERMS and advises the BANK in writing under acknowledgement immediately after he suspects that his User-Id or password is known to another person and/ or notices an unauthorised transaction in his Internet Banking account, he shall not be liable for losses arising out of the unauthorised transactions occurring in the Internet Banking accounts after the receipt of such advice by the BANK.
The USER shall be liable for some or all loss from unauthorised transactions in the Internet Banking accounts if he has breached the TERMS or contributed or caused the loss by negligent actions such as the following:
Keeping a written or electronic record of Internet Banking password.
Disclosing or failing to take all reasonable steps to prevent disclosure of the User-Id or password to anyone including BANK staff and/ or failing to advise the BANK of such disclosure in time.
Not advising the BANK in a reasonable time about unauthorised access to or erroneous transactions in the Internet accounts.
The BANK shall not be liable for any unauthorised transactions occurring through the use of Internet Banking which can be attributed to the fraudulent or negligent conduct of the USER.
The BANK shall in no circumstances be held liable to the USER if Internet access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason beyond the control of the BANK. Under no circumstances shall the BANK be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the USER or any other person.
The Customer shall indemnify and hold the BANK harmless against any loss suffered by the BANK, its customers or a third party or any claim or action brought by a third party which is in any way the result of the improper use of Internet Banking by the USER.
14. Disclosure of PERSONAL INFORMATION
The USER agrees that the BANK or its contractors may hold and process his PERSONAL INFORMATION on computer or otherwise in connection with INFINITY services as well as for statistical analysis and credit scoring. The USER also agrees that the BANK may disclose, in strict confidence, to other institutions, such PERSONAL INFORMATION as may be reasonably necessary for reasons inclusive of, but not limited to, the following:
for participation in any telecommunication or electronic clearing network
in compliance with a legal directive
for credit rating by recognised credit scoring agencies
for fraud prevention purposes
15. BANK's Lien
The BANK shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the Customerís linked Account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the INTERNET SERVICE extended to and / or used by the Customer.
16. Proprietary Rights
The Customer acknowledges that the software underlying the INTERNET SERVICE as well as other Internet related software which are required for accessing the service are the legal property of the respective vendors. The permission given by the BANK to access INTERNET will not convey any proprietary or ownership rights in the above software.
The USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying INTERNET BANKING or create any derivative product based on the software.
17. Change of Terms and Conditions
The BANK has the absolute discretion to amend or supplement any of the TERMS at any time and will endeavour to give prior notice of fifteen days for such changes wherever feasible except for changes to interest rates and/ or other variations that are subject to market changes. The BANK may introduce new services within INTERNET BANKING from time to time. The existence and availability of the new functions will be notified to the Customer as and when they become available. The changed terms and conditions applicable to the new INTERNET services shall be communicated to the Customer. By using these new services, the Customer agrees to be bound by the terms and conditions applicable.
The grant of facility of INTERNET BANKING to a Customer is not transferable under any circumstance and shall be used only by the USER(s) authorised by the Customer.
19. Termination of INTERNET BANKING service
The Customer may request for termination of the INTERNET BANKING facility any time by giving a written notice of at least 15 days to the BANK. The Customer will remain responsible for any transactions made on his INTERNET account(s) through the service prior to the time of such cancellation of the Internet Banking Service.
The BANK may withdraw the Internet facility anytime provided the Customer is given reasonable notice under the circumstances. If the Internet service is withdrawn by the BANK for a reason other than the breach of the terms and conditions by the Customer, the BANKís liability shall be restricted to the return of the annual charges, if any, recovered from the Customer for the period in question.
The closure of all Internet accounts of the Customer will automatically terminate the Internet Banking Service.
The BANK may suspend or terminate Internet facilities without prior notice if the Customer has breached these terms and conditions or the BANK learns of the death, bankruptcy or lack of legal capacity of the USER .
Notices under these Terms and Conditions may be given by the BANK and the Customer:
electronically to the mail box of either party. Such notices will be regarded as being in writing
in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of the BANK to the address mentioned in the heading above
In addition, the BANK may also publish notices of general nature which are applicable to all Customers of Internet on its web site. Such notices will have the same effect as a notice served individually to each Customer.
21. Governing Law
These terms and conditions and/ or the operations in the accounts of the Customer maintained by the BANK and/ or the use of the services provided through Internet banking shall be governed by the laws of the Sultanate of Oman and no other nation.
The BANK accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Sultanate of Oman. The mere fact that the Internet Banking service can be accessed through Internet by a Customer in a country other than Oman shall not be interpreted to imply that the laws of the said country govern these terms and conditions and/ or the operations in the Internet accounts of the Customer and / or the use of Internet Banking.
The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause.
The Customer shall not assign this agreement to anybody else. The BANK may sub-contract and employ agents to carry out any of its obligations under this contract.