definitions and interpretation · "account" means saving accounts, giro accounts or loan...
TRANSCRIPT
Version : DBS 136(1) 2014 1
Terms and Conditions for
Individual Account Opening and Procedure of
PT Bank DBS Indonesia
These Terms and Conditions for Individual Account Opening and Procedure of PT Bank
DBS Indonesia (“Terms and Conditions”) govern legal relationship between PT Bank DBS
Indonesia and each person who uses the Bank’s services and who is a prospective or
existing account holder (”Customer”) at the Bank in relation to all products and services
available to the Customer.
A DEFINITIONS AND INTERPRETATION
1. DEFINITIONS
In these Terms and Conditions, unless the context determines otherwise, the
following terms shall have the meaning as defined below.
"ATM" means ATM (Automated Teller Machine) services;
"Bank" means PT Bank DBS Indonesia, Jakarta principal office, and its branch
offices, including its and their successors in title and substitutes;
"Deposit", which is usually also referred to as fixed deposit, means a Bank’s product
which is similar to savings and subject to a specified period of time during which
funds deposited by the Customer may not be withdrawn and may be withdrawn only
on its maturity date;
"Flexi Fixed Deposit" means a fixed deposit account which has 1 month + 7 days
tenor and is flexible like savings in terms of fund withdrawals;
"Business Day" means each day specified by Bank Indonesia (“BI”) on which all
banks throughout Indonesia are open for business, and not required by BI to be
closed, including, without limitation to, clearing services;
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"Collection" means the Bank’s service for collection of payments for commercial
paper to any third party in other place or city within the country;
"Periodical Instruction" means a written instruction issued by the Customer to the
Bank to take the actions set out in section D of clause 6, which instruction shall be
effective as of the time it is issued until its revocation in writing by the Customer or to
be automatically no longer effective upon the expiry of the period specified by the
Customer in the written instruction.
"Instrument" means written payment instructions (cheques), written transfer
instructions (bilyet giro), drafts, bank’s drafts and other similar means of payment or
transfer instruction;
“Participant” means each person, firm, company or organization in Indonesia or
other places who or which, from time to time, participates or involves directly or
indirectly in providing ATM Services;
"PIN" means the "Personal Identification Number" issued by the Bank to the
Customer to be able to use ATM services;
"Account" means saving accounts, giro accounts or loan which withdrawal can be
made at any time by using an Instrument, either existing or other accounts which will
be opened in the future under the Customer's name;
"DBS Maxi Account" means the DBS savings/giro product which is called Maxi and
has a feature that allows automatic conversions into Flexi Fixed Deposits.
A reference herein to “applicable fees", “applicable commissions”, "applicable
charges”, “applicable minimums”, and "applicable rates” shall be a reference to
the fees, commissions, charges, minimums and rates set from time to time by Bank.
2. INTERPRETATION
Unless defined otherwise, in these Terms and Conditions:
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(a) headings are inserted not for interpreting the purposes of the articles.
(b) words and terms used in singular form shall include their plural form and vice
versa.
B GENERAL TERMS
1. ACCOUNT OPENING
(a) A Customer or a prospective Customer who intends to open an account with
the Bank must submit an application in writing to the Bank by attaching, at
least, the following documents:
(i) National Identity Card (Kartu Tanda Penduduk, "KTP"), Driving
License (Surat Ijin Mengemudi, "SIM") or Passport, in case of
individual Customer;
(ii) Taxpayer Registration Number (Nomor Pokok Wajib Pajak , "NPWP");
(iii) specifically for Foreigners (Warga Negara Asing, "WNA"), Temporary
Resident Card (Kartu Izin Menetap Sementara, "KITAS") or
Permanent Resident Card (Kartu Izin Tinggal Tetap, "KITAP") must
be provided in addition to passport;
(iv) and such other documents as the Bank may require from time to time,
as specified in Bank Indonesia Regulation on the Implementation of Know
Your Customer Principles as may be amended from time to time.
(b) If all the requirements under point (a) are satisfied, the Customer shall sign
the Terms and Conditions and provide his/her specimen signature which must
be identical to the signature identified in the KTP, SIM or Passport or other
personal identification documents provided by the Customer to the Bank.
(c) The Customer represents and warrants that:
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(i) the Customer is not currently listed in the Blacklist issued by BI;
(ii) the Customer will be responsible for any misuse or withdrawing of
his/her Instruments;
(iii) each Instrument request must be made in writing by the Customer and
the return of the first sheet (receipt) of the Instrument must be done at
the time of the Instrument received by the Customer or the person
authorized by him/her;
(iv) the Customer is not objected to his/her account being closed and
his/her name being listed in the Blacklist whenever he/she withdraws
a blank Instrument as specified in section C of clause 1 (Current
Accounts and Provisions on Cheques and Giros);
(v) the Customer releases the Bank, if acting as the party receiving a
payment or transfer instruction from the Customer (the withdrawee), from all
legal actions against each legal consequence that arises from the rejection of
the Instrument made by the Customer;
(vi) the Customer is willing to comply with the terms governing the signing
of an Instrument, payment of duties, stamps and other terms
governing Instrument withdrawal;
(vii) the Customer will immediately notify the Bank on any change in
his/her data or identity, including, without limitation to, changes of
address or office address, telephone number and NPWP;
(viii) in case of the Customer opens a Joint Account, he/she is required to
comply with the provisions on Joint Accounts as set out in section B
clause 6 (Use of Joint Accounts);
(ix) in case of the Customer opens Current Account and Savings Account,
he/she is required to comply with the following provisions:
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"crossed cheque" or "not negotiable" cheque presented to the Bank
must be deposited into an account and cannot be withdrawn in cash;
The Bank may, at its own discretion, refuse to act on instructions to
stop perform a payment of an Instrument, unless before the payment
is made by the Bank, the Bank has received a written statement that
the relevant Instrument is lost. The Bank shall not responsible if a
payment has been made before receiving an official report from the
police;
The Bank will pay an interest based on Bank’s applicable rate of
interest for saving account, which is calculated on a daily balance
basis (excluding deposit with Instrument which will be provided later).
The interest will be credited monthly after tax deduction. If the last day
of the relevant month falls on a public holiday, the interest rate for that
day will be counted in accordance with the balance on the preceding
Business Day. No interest is payable if the daily balance is below the
minimum amount required for the account.
(d) Bank may require such other things as it considers necessary in the Terms
and Conditions in order to prevent misuse of an Instrument by the Customer
or unauthorized parties.
(e) A copy of the Terms and Conditions which have been signed by the
Customer must be provided to the Customer together with the Instrument
used to withdraw funds in the account.
(f) Account opening becomes effective if and only if approved by Bank.
(g) The funds available in the account are included in the guarantee program
organized by the Indonesia Deposit Insurance Corporation (LPS, Lembaga
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Penjamin Simpanan) in accordance with the terms and conditions determined
by LPS.
2. PROVISION OF FUNDS AND DEPOSIT
(a) The Customer must provide adequate funds in his/her account which is
maintained with the Bank, as set out in the statement letter for prime
customer service or such other amount as determined and notified by the
Bank from time to time pursuant to the provisions of applicable laws. If the
combined balance per month is in average below the amount determined by
the Bank, a monthly fee will be charged by referring to the rate and fee
information contained in the brochures, website or other media applicable at
the Bank.
(b) Deposit of funds into the account may be made after the Customer has filled
out a form and enclosed the data required by the Bank as specified in point 1
(Account Opening). The Bank will send to the Customer a report on the
position and Bank’s calculations of the Customer’s funds available in the
account (“Account Statement”) periodically or at such other time as
requested by the Customer and approved by the Bank.
(c) Unless the Bank determines otherwise, the Bank may accept an Instrument to
be credited to Customer’s account. If the Bank views that the Instrument
cannot be credited to the Customer’s account, the Bank will notify this matter
to the Customer not later than 14 (fourteen) Business Days since the date of
the Instrument was presented to the Bank. The Bank is authorized from time
to time to determine whether a document can be or cannot be credited into
the Customer’s account. Before making deposit for such Instrument to the
Bank, the Customer must warrant and confirm that the data contained in the
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Instrument to be deposited is all correct. The Bank is not bound to complete
any data that are not contained in the Instrument.
(d) In case of Collection, the Customer cannot make withdrawals in respect of the
Instrument until it is credited by the Bank. If the Bank is required to credit the
Customer’s account with withdrawal proceeds, such credit shall always be
claimed back from the Customer at the amount so credited when withdrawal
is rejected, or the amount received by the Bank is less than the amount
credited. In each withdrawal, all costs paid by the Bank will be charged to the
Customer’s account, including clearing fees for local collections, telex and
commission fees for international collections by referring to the rate and fee
information contained in the brochures, website or other media applicable at
the Bank, pursuant to the terms and conditions applicable at the Bank.
3. WITHDRAWAL
(a) The Bank permits the issuance or submission of an Instrument from the
Customer to a holder (“Withdrawal”), and the Bank will debit Customer’s
account when the Bank receives an application form for debiting an
Instrument which contains a specimen signature accepted by the Bank and
so long as the application is in accordance with the terms and conditions
governed by the Bank.
(b) Each change in the Instrument or other withdrawal application must be
confirmed by withdrawer’s full signature which conforms to the specimen
signature.
(c) The Bank is not bound to pay each withdrawal application if (1) the funds
available in the Customer’s account is not adequate, unless there is an
agreement which provides otherwise, or (2) if the Bank determines that the
withdrawal application contains a signature that is different from the specimen
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signature provided to the Bank even if such application was issued by an
authorized party, or (3) for other causes subject to the provisions of the
applicable laws and/or prudential banking principle.
4. CLOSING OR CANCELLATION OF ACCOUNT
(a) Pursuant to the provisions of point 4(b) below, the Bank may close the
Customer’s Account without the Customer's approval and without being
obligated to give explanation of the same. The Bank will give notice not later
than 7 (seven) Business Days prior to closing of such account. With regard to
the balance containing in that Account, the Customer can withdraw it. In the
event that the Customer does not withdraw the balance in the closed
Account, the Bank will place that balance in an escrow account or such other
accounts as designated by the Bank. The Bank will not pay interest on the
balance containing in the account that will be closed.
(b) Without prejudice to the general provisions of these Terms and Conditions,
the Customer agrees that the Bank may close his/her Account at any time if:
(1) balance in the account is below the applicable minimum requirement; (2)
the Customer's account becomes inactive; (3) the Customer committed a
breach in relation to a cheque or bilyet giro; (4) the Customer committed a
breach under the applicable laws and regulations.
(c) The Customer may for a specific reason ask the Bank to close his/her
account.
(d) In the event that the Customer’s account is closed:
(i) the Customer agrees that all the advantages received in relation to the
Account will end.
(ii) the Customer agrees to pay the cost or costs payable to the Bank,
including cost for closing the account, SDB fees, and stamp duty fees by
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referring to the rate and fee information contained in the brochures,
website or other applicable media at the Bank and return the cheque or
bilyet giro book to the Bank.
(iii) the Customer agrees that the Bank is not responsible for the payment
of cheques, bilyet giros or other fund withdrawal applications
submitted to the Bank after the Account is closed.
(iv) the Customer agrees that the Bank will transfer the funds remaining in
the Account to the account designated by the Customer.
(v) these Terms and Conditions will continue to be in full force until all of
Customer’s obligations have been fully performed.
(e) The Bank may, at its own discretion or consideration, cancel the opening of
the account applied for by the Customer without his/her approval and without
being obligated to give explanation of the same, unless so required by the
applicable laws.
(f) The Customer may cancel the Account opening which has been applied by
giving a written notice to the Bank.
5. OPERATION OF ACCOUNTS
(a) The Customer agrees that the Bank is not liable for any losses incurred by the
Customer or other persons if the Bank has acted based on the instructions
provided via facsimile or other means and the Customer agrees to fulfill all
provisions in accordance with the statement letter for instructions via facsimile
or other means determined by the Bank.
(b) The Customer agrees that the Bank is not liable for any losses or damages
incurred by the Customer or other parties as the result of the Bank’s receives
double instructions, unless such losses or damages incurred by the Customer
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or other parties, based on a final court decision have been proven, caused by
the fault and/or negligence of the Bank’s management and/or employees
working for the Bank.
(c) The Customer agrees that the Bank may employ the service of correspondent
banks or agents and that the Bank is not liable for any losses or damages
incurred by the Customer or other persons resulted from the acts or
omissions or delays in taking actions of those parties, unless the such losses
or damages incurred by the Customer or other parties, based on a final court
decision have been proven, caused by the fault and/or failure of the
corresponding banks and/or agents working for the Bank.
6. USE OF JOINT ACCOUNT
In the event that an account is registered under two or more Customers' name:
(a) the credit balance in that account at any time is owned by all of the account
holders or the surviving account holder as the owner of joint account. The
parties are jointly and severally responsible for all obligations arising from the
joint account;
(b) the account may be used at the instruction of one of the account holders and
will bind the other account holders. However, in the event that the Bank
receives different instructions from each of the account holders, the Bank will
only act in respect of the joint Account when it has received instructions from
all the account holders whether or not the Account requires one or more
signatures from the holders; and
(c) If the Account is registered under two or more names of account holders, (1)
in the event that such account is operated by using one signature, the Bank
has the right to act on written instructions from one of the account holders
(without further authorization from or notice to the other account holder(s)) to
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close the Account; and (2) in the event that such account is operated by using
joint signature, the Bank has the right to act on written instructions of all the
account holders to close the Account.
(d) these Terms and Conditions and all obligations set out herein shall bind the
account holders jointly and severally. In the event that the Customer opens a
Joint Account, the name which is listed the first is the Main Account Holder.
Based on the above:
(i) the Customer agrees that each correspondence for the Joint Account
will be sent only to the Main Account Holder;
(ii) the Customer and the other Joint Account holders are jointly and
severally responsible for the repayment of all amounts due to the
Bank in connection with the Joint Account.
7. COSTS AND TAXES
(a) All costs, taxes, interest and fines payable for the services provided by the
Bank and other amounts due from the Customer to the Bank in relation to the
product or other services, including default interest which is paid in
accordance with the provisions of these Terms and Conditions or other
agreements in relation to credit facility extension, or other costs, will be paid
by debiting the Customer’s account, event if such debit may result in overdraft
of the Customer’s account.
(b) Fees for an inactive Account with credit balance below the minimum balance
specified by the Bank from time to time and notified by the Bank in
accordance with the provisions of applicable laws or fees for closing all the
Customer’s accounts.
(c) In the event that the Bank appoints lawyers to exercise or protect its rights or
to settle a dispute relating to the monies available in an account, whether by
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legal proceedings or other settlements, the Customer warrants to reimburse
the Bank for all costs incurred in connection with that event, including legal
fees (on lawyer and client relationship basis).
(d) All amounts payable by the Customer under these Terms and Conditions
must be paid in full without deduction, set-off or restrictions or any kind of
conditions whatsoever and clear and free from any taxes or deductions
whatsoever. In the event that the Bank is required by law or regulation to
make deduction or withholding on account of taxes or other reasons for every
payment to the Bank, the Customer must pay additional sum in the amount
equivalent to such deduction or withholding and ensure that the Bank
receives the full amount of the payment free and clear of taxes or any kind of
deduction whatsoever as the amount which the Bank should have received
had such taxes or deductions not been made.
8. FOREIGN EXCHANGE TRANSACTIONS
(a) The Customer agrees if he/she makes cash withdrawal, based on his/her
instructions, the Bank may pay in cash in a foreign currency other than the
Account’s currency.
(b) The Customer agrees that, if a transaction is concluded in a currency other
than the Account’s currency, the Bank may convert the proceeds of the
transaction into the Account’s currency at the Bank’s applicable rate of
exchange and the Bank may charge the Customer for that conversion
pursuant to the Bank’s applicable rules.
(c) The Customer agrees that, if there is a foreign exchange transaction from
Rupiah, the Customer will deliver a statement letter and such supporting
documents as required by the Bank pursuant to the applicable rules.
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Pursuant to Bank Indonesia Regulation No. PBI 16/16/PBI/2014 & PBI
16/17/PBI/2014 regarding purchase of foreign currencies in relation to Rupiah
with Bank and SE BI 16/14/DPM regarding purchase of foreign currencies in
relation to Rupiah between the Bank and the Domestic and SE BI 16/15/DPM
regarding purchase of foreign currencies in relation to Rupiah between the
Bank and Foreign Party (this provision is subject to change if any amendment
is made to the Bank Indonesia regulation), the procedures applicable for the
conversion are as follow:
(i) The Customer or the foreign party making a foreign currency purchase
transaction against IDR, in the value of up to US$100,000 (one hundred
thousand United States Dollars) per month per Domestic Customer or
foreign party through spot transactions from all banking systems in
Indonesia, is obligated to deliver a duly stamped or authentic statement
letter that his/her purchases of foreign currencies in relation to IDR do not
exceed US$100,000 (one hundred thousand United States Dollars) from
all banking systems in Indonesia.
(ii) the Domestic Customer who purchases foreign currencies against
Rupiah with the Bank in the amount exceeding US$100,000 (one
hundred thousand United States Dollars) or the equivalent per month
per Domestic Customer, must enclose the following documents:
(A) Transaction Underlying Documents that support the
transactions and can be accounted for;
(B) Supporting Documents including Photocopy of the Customer’s
identification documents and taxpayer registration number
(NPWP)for customers and duly stamped written statement
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signed by the customer’s authorized person or authenticated
statement from customer that include such information:
Authenticity and Validity of the underlying documents
Transaction underlying documents were only used to
purchase foreign currency against Rupiah, in the maximum
amount equivalent to the nominal value identified in them, in
the Indonesian banking system.
(C) Amount needed, intention and date of foreign currency usage,
in terms of the transaction underlying documents was
estimation.
(iii) If a foreign party purchases foreign currencies against Rupiah with the
Bank in the amount exceeding US$100,000 (one hundred thousand
United States Dollars) or the equivalent per month per foreign party
through spot transactions, must enclose the following documents:
(A) Underlying Documents that support the transactions and can
be accounted for;
(B) Supporting Documents in the form of authenticated statement
from customer that include such information:
Authenticity and Validity of the underlying documents
Transaction underlying documents were only used to
purchase foreign currency against Rupiah, in the maximum
amount equivalent to the nominal value identified in them, in
the Indonesian banking system.
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(C) Amount needed, intention and date of foreign currency usage,
in terms of the transaction underlying documents was
estimation.
(iv) If Foreign Party Customer received transfer Rupiah, which was derived
from transactions other than derivative transactions in the amount
exceeding US$1,000,000 (one million United States Dollars) or the
equivalent per day per foreign party, customer must enclose the
underlying documents that support the transactions and can be
accounted for the Bank.
9. ACCOUNT STATEMENT
(a) The Customer will carefully examine each Account statement. The Customer
agrees that such statement is deemed correct if he/she raises no objection in
writing within a period of 14 (fourteen) days of the date of the statement.
(b) If the Account statements do not arrive at the Customer’s address, the
Customer agrees that the Bank may stop printing the Account statements
until the Bank receives a notice in writing or in such other manner as the Bank
may apply, from the Customer regarding new correspondence address.
(c) The Customer agrees that the Bank may correct any mistakes in the data
contained in each account statement and notice.
(d) The Bank shall be released from all claims and losses incurred in relation to
debit or credit transactions set out in the Account statements if such
statements are considered to be correct by the Customer.
10. INADEQUATE BALANCE
(a) The Bank may refuse to perform the Customer’s instructions if the balance in
the Customer’s Account is inadequate. If the Bank, in its sole discretion,
performs instructions resulting in debit balance in the Customer’s Account,
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the Customer is deemed to have accepted incidental overdraft facility
pursuant to Bank Indonesia regulations and accepts the Bank’s requirements
applicable for overdraft facility.
(b) If more than 1 cheque and/or bilyet giro and/or payment instruction and/or
withdrawal instruction is addressed to the Bank at the same time and the
credit balance in the Account is not adequate, the Bank may, in its sole
discretion, determine which of the cheques and/or bilyet giros and/or payment
and withdrawal instructions is to be prioritized first in terms of payment.
11. CUSTOMER’S DEATH, INSOLVENCY, AND UNKNOWN WHEREABOUTS
(a) In the event that the Customer passed away, the Bank has the right to:
(i) keep each credit balance in the Customer’s account without prejudice
to the Bank’s rights over such balance which may arise out of
guarantee, charge, pledge, set-off, other claims or counterclaims,
whether actual or incidental, or other costs in relation to each action
deemed necessary to be taken by the Bank in relation to claims from
other parties;
(ii) close the Customer’s Account by giving prior notice to his/her heirs no
later than 7 (seven) Business Days before the account is closed;
(iii) require the delivery of a heir designation letter or an official letter,
including, without limitation to, a statement from a notary as specified
in the Bank’s internal rules. The transfer of the Customer’s estate to
his/her heirs or their representatives or to an executor of the
Customer’s estate releases the Bank from any obligation, as set out in
these Terms and Conditions.
(b) Subject to the provisions of point (a) above, if there are two or more
Customers named in an account, and one of them passed away, the
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Customer agrees that the balance in the Account is owned by the surviving
Customers and heirs of the dead Customer, and the operation or closing of
the Account will also be subject to instructions from the heirs and the
surviving Customers. The Customer agrees that the Bank may operate or
close the Account only upon receipt by the Bank of a death certificate, heir
certificate issued by a Notary and/or government authority and/or a court of
competent jurisdiction, and other related documents in complete sets as set
out in the procedures upon Death of Customer identified in the brochures,
website or other media applicable at the Bank.
(c) If the Customer’s whereabouts is unknown, the Bank has the right to keep the
credit balance in the account without prejudice to the Bank’s rights over such
balance which may arise out of guarantee, charge, pledge, set-off, other
claims or counterclaims, whether actual or incidental, or other costs in relation
to each action deemed necessary to be taken by the Bank in relation to
claims from other parties
(d) In the event of the Customer’s insolvency, the Bank has the right to act for
and/or in line with the requests made by a curator or other agencies
authorized to declare insolvency of the Customer, as required by and in
accordance with the applicable laws and the Bank may require documents
specifying written statements from government authorities or the relevant
court in relation the Customer’s insolvency and other relevant matters.
(e) Upon documentations period as mentioned above, either those relating to
death or insolvency of the Customer, which are delivered to the Bank, the
Bank will look into them carefully to check if they can be used as evidence,
but the Bank is not responsible for whether or not they are true, genuine, valid
or complete and whether or not they have been translated correctly or
interpreted properly. Subject to the conditions imposed and the release given
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by the aforesaid persons, the Bank may act on the instructions of those
persons and the payment made by the Bank to them shall be valid and
appropriate evidence of the satisfaction of the Bank’s obligation to the
Customer or his/her substitutes and successors in title.
(f) The Bank shall be released from all claims, demands, suits, proceedings and
any kind of actions whatsoever made by heirs, executors or administrators of
the Customer who has passed away, insolvent or whose whereabouts is
unknown.
12. INACTIVE ACCOUNT (DORMANT)
(a) In order to protect customer funds, the Bank reserves the right to change the
account status from active to inactive/dormant account, if there is no debit
transaction on customer account made by customer for 6 (six) consecutive
months for the current account or for 12 (twelve) consecutive months for
savings account.
(b) During the dormant status of the account, then all debit transactions and
some credit transactions especially related to fund transfer through Sistem
Kliring Nasional/SKN, Real Time Gross Settlement/RTGS, Telegraphic
Transfer/Telex cannot be executed, unless the transaction is related to Bank
charges.
(c) The activation of dormant account status can be done based on the request
of the customer in accordance with Bank’s prevailing activation procedure
from time to time.
C PRODUCTS
1. CURRENT ACCOUNTS AND PROVISIONS ON CHEQUES AND GIROS
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(a) The Customer understands that the Bank will accept a cheque or other
instrument of order to pay to a third party only if:
(i) the cheque or such other instrument of order to pay does not contain
the words “Paid Account” or “Non-Negotiable”; and
(ii) the cheque or such other instrument of order to pay has been
endorsed properly; and
(iii) the Customer has provided all information required by the Bank
regarding transfer and endorsement of the instrument of order to pay
or the acceptance of the same by the Customer.
(b) The Customer agrees that, if the fund from the cheque or such other
instrument of order to pay have been credited to an Account and the cheque
or the instrument of order to pay is later rejected for any reason, the Bank
may withdraw or take back the same amount of funds from that Account and
the Bank may hold such instrument of payment. The Customer also agrees to
reimburse the Bank for all losses, costs, damages, and expenses which the
Bank may have incurred in relation to the rejection of the instrument of order
to pay or for claims made by other parties in relation to such instrument of
order to pay.
(c) The Customer understands that he/she is fully responsible for any misuse of
a cheque/bilyet giro.
(d) The Customer agrees that in the event that he/she breaches any of the
provisions on cheque or bilyet giro withdrawal, the Bank will close the
Account and the Customer's name will be listed in the National Blacklist
(DHN, Daftar Hitam Nasional).
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(e) The Customer shall release the Bank from all legal actions and liabilities against
any legal consequences that may arise from the rejection of a blank
cheque/bilyet giro.
(f) In the event of a post-dated cheque:
(i) without taking into account the date specified in the cheque, if the
holder presents the Customer’s cheque before the date specified in
the cheque, the Bank will pay or transfer funds to the extent that it
meets the formal requirements and there is adequate balance or fund
in the Account.
(ii) if the post-dated cheque is not supported by adequate balance in the
Account or the Account has been closed, such Customer’s Cheque
may be classified as a blank cheque (cek kosong).
(g) The Customer agrees that the Bank may reject a cheque/bilyet giro in
accordance with the applicable banking regulations.
(h) The Customer agrees that the Bank may refuse to pay cheques, giros and
withdrawal letters in accordance with the provisions of applicable banking
regulations.
(i) The Customer will not withdraw a cheque or giro or try to make withdrawals
using any instrument (including Periodical Instruction) unless there are
adequate funds in the Account for disbursement and agrees that the Bank
may return without payment all cheques or giros or slips or withdrawal forms
and may refuse to make other payments if the funds available in the Account
are inadequate.
(j) The Customer understands that he/she will always make sure that there are
adequate funds available in the Account to cover all withdrawals made out of
it.
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(k) The Customer agrees that he/she can stop the circulation of a cheque only if
he/she submits a written request to the Bank. The Customer agrees that the
Bank shall not be responsible for its inability to stop the circulation of a
cheque or other payment.
(l) The Customer agrees that he/she can stop a Periodical Instruction if he/she
requests the Bank to do so within 7 (seven) days before the date on which the
Periodical Instruction is to be carried out.
(m) In the event that the Bank returns the funds of a cheque which was stated to
be lost, the Customer agrees to compensate the Bank for all claims, losses,
costs, damages and expenses incurred if the cheque is then presented and
the Customer must return the original cheque to the Bank if it is found.
(n) In the event that the Customer is listed in the National Blacklist pursuant to
the applicable rules of BI, the Bank can close the Account and the Customer
is obligated to provide an amount of funds into an escrow Account designated
by the Bank to pay any outstanding Instruments withdrawn by the Customer.
In this case, the Customer shall immediately return to the Bank each unused
Instrument and other property of the Bank held by the Customer.
(o) The closing of an account will not release the Customer from his/her
outstanding obligations to the Bank. Each amount remaining in the closed
Account will be used to pay the obligations outstanding on the Instruments
issued.
2. DBS ACCOUNT (DBS MAXI)
FLEXI FIXED DEPOSIT FOR DBS ACCOUNT (DBS MAXI)
The Customer agrees that, if total of the funds remaining in each Customer’s DBS
Maxi Account, as determined by the Customer, is greater than Rp 100,000,000 (one
hundred million Rupiah), such funds will automatically be placed in Flexi Fixed
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Deposit. However, if the minimum balance requirement for DBS Maxi, which is Rp
25,000,000 (twenty five million Rupiah), is not met or not adequate for the
Customer’s transactions, this Flexi Fixed Deposit will automatically be cashed per
multiple of Rp 50,000,000 (fifty million Rupiah), and if such cashing results in the
Flexi Fixed Deposit being less than the minimum balance, the amount remaining in
the balance of the Flexi Fixed Deposit will be cashed into DBS Maxi account.
3. DEPOSIT
3.1. DEPOSIT APPLICATION
(a) Fixed Deposit Application (“Application”) is a proof of Deposit in the name of
the depositor identified in it as an instrument that is non-negotiable and non-
transferable to other party. In the event that the depositor dies, the nominal
value of and the interest accrued on the deposit under this Application will be
paid, at the time of or upon maturity, by the Bank to the lawful heirs of the
depositor.
(b) The nominal value of the Deposit may be paid in Rupiah or any of the foreign
currencies available at the Bank with fixed period, according to the depositor’s
wish and with the Bank’s approval.
(c) The applicable rate of interest is subject to the Bank’s applicable rules on the
currency date or extension on the applicable date. The interest paid into the
Account is paid after deduction for taxes.
(d) If this Deposit is not cashed on the maturity date or on its extension, it will
automatically be extended, subject to the following:
(i) deposited in the same nominal value and for the same period; and
(ii) has such interest rate and subject to such other rules issued by the
Bank as are applicable at the maturity date or on the extension.
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(e) Each change of the depositor’s name, address or signature must be
immediately reported in writing to the Bank.
(f) Depositor must bear all costs and expenses incurred out of the Deposit
opening, including taxes imposed on interest payable to the depositor.
3.2 DEPOSIT ADVICE
Deposit advice will be given for each new Rupiah and foreign currency Deposit
opened with the Bank. Deposit advice is only a proof of Deposit and not a document
of ownership and cannot be used as security.
3.3 DEPOSITS AND WITHDRAWALS
Each placement on Deposit will be accompanied by a placement period and maturity
instruction, and if the Customer neglects on that matters, The Bank in its own
discretion will place the Deposit in any period and automatically renew the principal
and interest on the maturity date in accordance with the Bank’s applicable rules on
interest rate at the time of renewal.
3.4 FOREIGN CURRENCY ACCOUNTS AND FOREIGN CURRENCY FIXED DEPOSIT
ACCOUNTS
3.4.1 DEPOSITS AND WITHDRAWALS
(a) The Bank has the right to refuse Deposits in any currency.
(b) Deposits and cash withdrawals in foreign currencies are subject to the
availability and proper notice received by the Bank and subject to the Bank’s
applicable rules on commissions and fees in relation to the foreign currency
exchange.
(c) Deposits in United States Dollar (US$), Singapore Dollar (S$) and Indonesian
Rupiah (IDR) will be placed at a rate on the day on which the currency is
purchased from and received by the Bank, provided that such day shall be a
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Business Day. Deposits in other currencies will be placed at such rate and on
such Business Day as the Bank considers applicable, in accordance with the
current market practice or as determined by the Bank from time to time.
(d) The Bank is not obligated to act on each instruction in relation to withdrawal
of a Deposit unless the depositor or the authorized signatory has shown
his/her identification card or passport together with a withdrawal application
form and signature acceptable to bank.
(e) Withdrawal of United States Dollar, Singapore Dollar and IDR Deposits may
be made on their maturity date. Withdrawal of Deposits in other currencies
may be made on their maturity date only if the Bank has received a prior
written notice of such withdrawal. Withdrawals (in whole or in part) prior to
maturity date may be made with the Bank’s approval and subject to the
provisions on payments of interest, promo and penalties as referred to in rate
and fee information identified in brochures, website or other applicable media
at the Bank. With respect to Deposits in foreign currencies, fees in the
amount determined by the Bank may be charged for any withdrawal prior to
the maturity date and this may result in the payment being smaller than the
principal amount of the Deposit currency.
3.4.2 CHARGES AND COMMISSIONS
All withdrawals from a foreign currency current Account are subject to the Bank’s
applicable provisions on commissions and charges in relation to
deposit/withdrawal/foreign currency exchange.
3.4.3 TAXES AND FOREIGN CURRENCY RISKS OF CUSTOMER’S ACCOUNT
(a) The Customer acknowledges and agrees that there are foreign currency
exchange rate risks in relation to foreign currency Deposits and balance.
Therefore, the Customer agrees that:
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(i) receipts on a foreign currency Account depend on the rate of
exchange applicable on the maturity date or at the time of withdrawal,
whichever is applicable; and
(ii) an unfavorable change in the value of a foreign currency from exchange
rates may result in the loss of receipts from interest.
(b) The Bank is not responsible or liable to the Customer for any decrease in the
value of funds as the result of taxing or depreciation or unavailability of funds
for withdrawal at any time or on maturity date due to restrictions or
exchanges, requisitions, non-obligatory transfers, distraints, uses of
government or military power, wars, strikes or other causes which are beyond
the Bank's control. In addition:
(i) the Bank is not obligated to pay the Customer an amount of funds into
the Account, either by giro (draft) or in cash, using the same or other
currency if the country of origin of the foreign currency restricts the
supply, credit or transfer of the funds.
(ii) if, for any reason, the Bank cannot effectively provide funds, it may at
its own decision and without notice to the Customer hold payment of
interest on funds for that period, or change the placement period, as it
thinks necessary.
3.5 DEPOSIT GUARANTEE
The Account will be guaranteed by Indonesia Deposit Insurance Corporation
(Lembaga Penjamin Simpanan (LPS)) in accordance with the applicable rules.
4. OVERDRAFTS
(a) The Customer cannot withdraw an Instrument or withdraw funds in the amount
greater than the funds available in the Account unless with a prior written
approval of the Bank. In the event that an Instrument cannot be cashed due
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to inadequacy of funds in the Account, the Bank will return it and all costs
incurred in relation to such return of the Instrument will be charged to the
Customer. The Bank has the right to close the Account if, within a period of 6
(six) months, the return of Instrument due to inadequacy of funds or overdraft
has occurred 3 (three) or more times. In relation to the above, the Customer
must know or first check the amount of the funds he/she has in his/her
Account.
(b) The Bank may, at its own decision, give an overdraft or other facility in
relation to the Bank’s decision to pay an Instrument where the Customer’s
funds in the Account are inadequate to make that payment.
(c) In the event that the Customer withdraws funds in an amount which exceeds
the balance of his/her Account, the excess amount withdrawn, together with
the Bank’s applicable interest, commission and charges, must be paid within
7 (seven) Business Days of the date the Customer makes that withdrawal. If
the excess amount is not paid by the last Business Day at the end of the
month, the Bank is authorized to use the deposit pledged.
(d) In the event that the Customer has made the payment specified in point (c)
above, each amount received thereafter by the Bank for deposit into the
Account may be applied against satisfaction of the amounts payable to the
Bank.
5. OTHER PARTY’S PRODUCTS
(a) The Bank is not deemed liable for the performance of other party’s products,
or for any losses incurred, which are distributed by the Bank and have been
agreed to be purchased or ordered by the Customer.
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(b) In the event that such third party’s product gives protection or guarantee to
the principal amount placed, the Bank is not responsible for such protection
and guarantee.
D SERVICES
1. INSTRUCTION BY FACSIMILE
If the Customer requests for the provision of this service, he/she is subject to the specific
terms and conditions which may apply to govern such service.
2. CONTACT CENTER
(a) For information and complaints about all the Bank’s banking products, the
Customer can contact DBSI customer center telephone number identified in
the brochures, website or other media applicable at the Bank.
(b) In the event that the Customer makes a complaint or objection in writing, such
complaint or objection must be accompanied by photocopies of personal
identification and other related supporting documents, in accordance with the
Bank’s applicable rules (for example, savings book or Account Statement, if
the complaint relates to savings). Such written complaint or objection will be
solved by no later than 20 (twenty) Business Days after the date of receipt of
such written complaint and, in specific events which are permitted by the
applicable laws and regulations, the complaint settlement may be extended
for 20 (twenty) Business Days by written notice to the Customer or his/her
authorized representative together with the reasons for such extension.
(c) In the event that the Customer intends to make a verbal complaint or
objection, the Bank will solve it within 2 (two) Business Days. But, if such
verbal complaint or objection remains unsolved within that time limit, the Bank
will ask the Customer or his/her authorized attorney to make a written
complaint or objection to the Bank together with the supporting documents.
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Such written complaint will be solved by no later than 18 (eighteen) Business
Days after the date of receipt of such complaint and in specific events
permitted by the applicable laws and regulations, the complaint settlement
may be extended for 20 (twenty) Business Days by written notice to the
Customer or his/her authorized representative together with the reasons for
such extension
(c) The Bank has the right to carry out a recheck or verification and identification of the
Customer before providing services at the Contact Center based on the
procedures specified by the Bank from time to time, subject to the provision of
applicable laws.
(d) The Customer hereby agrees that his/her instructions will be processed in
accordance with the time limits set by the Bank.
(e) The Customer hereby authorizes the Bank to record or take a note of the
Customer's conversations with the Bank through this service.
3. INSTRUCTION BY TELEPHONE
If the customer request for the provision of this service and the Bank accepts such
request, the Customer will be subject to the specific terms and conditions applicable
for governing the provision of such service.
4. SAFE DEPOSIT BOX SERVICE
(a) In the event that the Customer uses Safe Deposit Box services, the Customer
agrees to comply with the provisions relating to Safe Deposit Box, at any time
deemed reasonable, during the Bank’s normal business hours. The Customer
has access to Safe Deposit Box, subject to the rules set from time to time by
the Bank and as notified to the Customer.
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(b) The Customer must prepay annual rent in the amount as will be notified by the
Bank to the Customer from time to time. If the Customer does not want to
continue the Safe Deposit Box rent, the Customer must notify in writing to the
Bank within 1 (one) week before the annual rent expires. If no such notice is
given and the keys are not given back on or before the due date, the rent is
deemed to be continued to the next year and the Customer is obligated to pay
the next year’s rent.
(c) In the event that the rent is not paid on the due date, the Bank will in this case
give a notice to the Customer asking him/her to pay the rent and if within 30
(thirty) calendar days after the giving of such notice, the rent has not been
paid, the Bank has the right to open the Safe Deposit Box before a notary.
5. GENERAL TERMS ON ATM
(a) The Bank may, at the Customer’s request, issue an ATM card (“DBS ATM
Card”), which can be either delivered, at the Customer’s risk, to the
Customer’s address or collected by the Customer himself/herself. The
Customer must set his/her own ATM PIN. The Customer hereby agrees and
consents to release the Bank from any kind of claims and liabilities
whatsoever if the aforesaid ATM PIN and/or DBS ATM Card becomes in the
possession of an unauthorized person unless it is caused by the Bank’s fault.
(b) The Customer must protect his/her ATM PIN and/or the DBS ATM Card
provided to him/her and complies with all the terms and conditions, security
procedures and other requirements and notices from the Bank and/or
Participants in relation to the use of the same or, as the case may be, the
Customer must ensure that he/she has complied with the provisions of this
clause on ATM PIN and/or DBS ATM Card.
(c) The Customer shall immediately notify the Bank if:
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(i) his/her ATM PIN has lost or been disclosed to a third party; or
(ii) his/her DBS ATM Card has lost or broken or is used by an
unauthorized person; or
(iii) other event which, by the terms of this Agreement, allows the Bank to
suspend or cancel the use of ATM Service has occurred. The Bank
may at any time upon receipt of notice from the Customer on the
occurrence of any of the events mentioned above, suspend or cancel
the use of ATM Service by the Customer.
(d) Upon the occurrence of any of the events specified in Clause c above, the
Bank may, at its own consideration, issue a replacement DBS ATM Card in
accordance with the terms and conditions applicable for ATM Service and
charge the Customer for such replacement.
(e) The Bank provides 24-hour ATM services to its Customers for banking
transactions using ATM card.
(f) ATM card can be used at an ATM network both in Indonesia and overseas to
the extent that the network is available for the ATM card.
(g) The Bank and/or Participants, at any time, without prior notice to the
Customer and without giving any reason, may:
(i) limit, suspend or terminate any or all of the ATM services; or
(ii) not permit or permit a transaction if the Bank, in its own discretion,
deems appropriate; or
(iii) withdraw or suspend the Customer’s right and authority to use ATM
services; or
(iv) keep or reject DBS ATM card and/or PIN.
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(h) The Customer can at any time use the ATM Network 24 hours save for the
times of regular maintenance, cash refill or other matters which are beyond
the Bank’s control and cause the 24-hour ATM services to be suspended.
(i) In the event that ATM card is used for a transaction made through an ATM
network outside Indonesia:
(i) The Customer is subject to the applicable regulations in the relevant
country.
(ii) the transaction will use the rate of exchange determined by the Bank
or the agency possessing the relevant ATM Network.
(iii) in the event that the Customer performs a foreign exchange
transaction at an ATM Network outside Indonesia, he/she is aware of
and responsible for the risk of fluctuation in the rate of exchange in
connection with that transaction.
(iv) transaction is subject to the restrictions applicable in the country in
which the ATM Network is located.
(v) The Customer may be required to deliver the documents related to the
foreign exchange transaction done through the ATM Network.
(j) The Customer must keep his/her ATM card in a safe place and take all security
measures against falsification, fraud, loss or theft relating to his/her ATM card
and ATM PIN, including, without limitation, by not giving ATM PIN to other
party, and exercising due care when making transactions at ATM machine.
(k) In the event that the Customer’s ATM PIN is notified to or found by other
party, he/she must immediately change the PIN. The Customer can change
his/her ATM PIN at any time and the Bank has the right to reject the numbers
selected by the Customer in the change of his/her ATM PIN for certain
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reasons. The Bank in its absolute discretion has the right to change or
terminate the use of the Customer’s ATM PIN by giving the reasons and
notifying the Customer in accordance with the provisions of applicable laws.
(l) The Customer agrees that he/she can change a new ATM PIN on the terms and
conditions specified by the Bank.
(m) The Customer must assume full responsibility for all banking transactions
done using ATM card with his/her PIN (whether with or without his/her
knowledge or consent). The Bank may debit the Customer’s Account at the
amount of each withdrawal or transfer or expenditure based on the Bank’s
transaction records.
5.1 CHARGES AND PAYMENT OF TAXES
(a) The Customer shall and will pay such charges for the provision of ATM
services as will be determined by the Bank from time to time, whether or not
the Customer actually uses the ATM services. The Customer agrees that the
Bank is authorized to debit the Customer’s Account for all charges,
withdrawals and payments for the ATM services provided or used (whether
authorized or not) and other obligations to, or such losses may have been
incurred by, the Bank as the result of the provision or use of ATM services.
(b) If a payment has been made by the Bank following the use of ATM services
by or presumably by the Customer:
(i) and the Account is therefore debited but there is an error in the
making of the debit or no debit is made from that Account at all; or
(ii) after an order to pay is issued for the Account but before the payment
transaction is done the Bank has the right to correct the Account by
(A) debiting the Account at the amount paid by the Bank; or (B)
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rejecting or returning the cheque or other instrument and cancel the
payment transaction, if funds available in the Account is not adequate.
(c) If the funds in the Account are not adequate to meet a request for payment of
monies or to satisfy an obligation, the Bank may (but is not bound to) extend
credit to the Customer to satisfy the payment or obligation. Customer
undertakes to pay interest and charges at such interest rate or in such
amount as determined by the Bank.
(d) If a Transaction or a debit from or credit into an account in relation to a
Transaction requires the conversion of a currency to another currency, the
Bank is authorized to make such conversion at a rate determined by the Bank
and/or the Participants.
(e) DBS ATM Card is the Bank’s property and must be returned to the Bank
when requested or at the time of cancellation or termination of the DBS ATM
Card and/or this Agreement. DBS ATM Card must be used by the Customer
himself/herself and may not be transferred or placed as security, as the case
may be, in any manner whatsoever.
5.2 The Bank is not responsible for any losses incurred by the Customer or a third party
which may have arisen out of and in connection with the use of ATM Services, unless
such losses have been caused by willful negligence or intentionally detrimental act of
the Bank. None of the Bank and the Participants is responsible for inconveniences,
losses or damages incurred by the Customer or a third party out of or as the result of:
(a) The Bank’s compliance with an instruction issued or presumed to have been
issued by the Customer in relation to ATM Services, without considering that
the integrity/completeness of the information in the instruction might be
lacking or affected during the transmission of the information, provided that
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such lack or affectability of the information is reasonably unknown to the
person receiving the instruction/order; or
(b) The Customer’s inability to use ATM Services as the result of actions taken
by the Bank and/or Participants; or
(c) unavailability of ATM Services in connection with system maintenance or
failure/unavailability of network; or
(d) The Bank’s and/or Participant’s failure to perform an obligation or to meet a
requirement of this Agreement if such failure is caused by the failure of, or
unauthorized or illegal access to the machine, data processing system or
transmission connection network or a force majeure event, such as natural
disasters, wars, blockade, embargoes, sabotages, strikes, lockouts, fires,
floods, material or labor shortages, delays in delivery by subcontractors, or
events which are beyond the Bank’s and/or Participant’s control; or
(e) equipment or software suppliers, services providers, network providers
(including, without limitation to telecommunications providers, internet
browser providers and internet access providers), Participants or agents or
subcontractors of any of the foregoing.
5.3 The Customer hereby gives his/her approval and authority to the Bank or its officers
to disclose information, either in Indonesia or elsewhere, based on the Customer’s
approval with the signing of Appendix 1 to these Terms and Conditions, for the
following purposes:
(a) to Participants or third parties who, pursuant to the applicable laws, have
lawful business interests to obtain the information, including offering products
or services to the Customer relating to or for the purpose of facilitating the use
of ATM Services.
(b) to each person using ATM Services who is presumed to be the Customer;
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(c) if the disclosure of information is required in order to conclude a transaction.
5.4. The Customer hereby states, acknowledges and recognizes that:
(a) there is a possibility an accidental disclosure of information performed by the
Bank or its officers in the course of providing information to both Participants
and third parties in Indonesia or elsewhere in connection with the transactions
made or presumed to be made by the Customer and the Customer hereby
agrees to such accidental disclosure of information; and
(b) equipment or software suppliers, services providers, network providers
(including, without limitation to telecommunications providers, internet
browser providers and internet access providers) and Participants may have
or obtain access to information transmitted through the relevant system and
the Customer agrees to release the Bank from any liability to any party in
connection with the same.
5.5. Neither the Bank nor any of its officers is responsible for any losses or damages
incurred by the Customer as the result of disclosure of information which the
Customer has agreed to disclose by the Bank or its officers.
5.6. The Customer will provide the Bank with such information or documents as the Bank
may reasonably request in connection with the use of ATM Services by the Customer
and the Customer will and must cooperate with the Bank in the conduct of the
relevant investigation or legal proceeding.
5.7. The Customer will indemnify the Bank from all liabilities, losses, damages, including
costs and expenses for lawyers and clients (in legal or other processes), which have
to be borne by the Bank h, either directly or indirectly, in connection with its provision
of ATM Services or its entry into this Agreement with the Customer or the
enforcement of Bank's rights under this Agreement or in exercising an instruction
which may have been issued by the Customer in relation to ATM Services or failure,
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fraud or misconduct by the Customer or his/her agents or representatives or breach
of this Agreement by the Customer.
5.8 Transaction Records
Transaction Records made by the Bank and Participants are final and binding on the
Customer save for in case of error in computation or manifest error.
5.9. Expiry Date
DBS ATM Card has expiry date as identified in the card. After entering its expiry
date, the card can no longer be used and the Customer should come to the nearest
branch for the replacement card.
5.10. Termination
(a) The Customer may terminate this Agreement by giving written notice to the
Bank and (if applicable) surrendering the DBS ATM Card. The Bank may at
any time without giving any reason terminate this Agreement by giving prior
notice in accordance with the provisions of applicable laws.
(b) Upon termination, the Customer may not use or attempt to use the PIN and/or
DBS ATM Card. Any use of DBS ATM Card by the Customer after the
termination of the ATM Services is considered as a fraud.
6. PERIODICAL INSTRUCTIONS
(a) If the Customer requests for provision of this Periodical Instruction service
and subject to the specific terms and conditions which are applicable to
govern such provision of services, the Bank is authorized by the Customer,
through and in accordance with the Periodical Instruction received by the
Bank from the Customer, which may be amended from time to time, to
transfer funds at any time between the Customer’s Accounts maintained in
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the Bank or from the Customer’s Account to any third party’s Account with
other bank; or
(b) The Bank may approve and is authorized to act on a Periodical Instruction
issued by a party claiming to be a person who has been appointed and duly
authorized by the Customer, without any obligation on the Bank’s part to
verify or confirm the actual identity of that party.
(c) Unless the Bank agrees otherwise, fund transfer may be made only on the
funds available in the Customer’s Account, from which the transfer must be
made. In the event that the funds in the Customer’s Account are not adequate
at the times which have been specifically specified by the Bank and approved
by the Customer, the Bank may cancel the Periodical Instruction by giving
prior notice to the Customer.
(d) The Customer agrees to any costs charged, in the Bank’s sole discretion,
when an order to pay is rejected due to lack of funds.
(e) The Customer agrees that for each cost charged (including commissions,
handling fees and stamp duties) will be debited from specified Account of the
Customer.
(f) The Customer agrees that the Bank shall not be responsible for all losses or
delays in the transfer, transmission or application of funds or (in case of
payment by telegraphic transfer) for all errors, failures or omissions which
may occur during transmission of messages or for any misunderstanding of
the same upon receipt which is not due to the fault of the Bank’s employees
and the Customer agrees to indemnify bank from all actions, legal actions,
claims or demands which may arise in connection with losses incurred out of
such delays, errors, failures, omissions or misunderstanding.
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(g) The Bank has the right, for any reason at any time and by prior written notice
to the Customer and in its sole discretion, to change, suspend, or terminate
the Periodical Instruction services described above.
E MISCELLANEOUS AND GENERAL TERMS
1. REFUSAL AND SUSPENSION
(a) The Bank has the right to refuse to perform a transaction by notifying the
Customer its reasons for such refusal, unless the applicable laws and
regulations provide otherwise, in which case the Bank is not required to notify
its reasons for refusal.
(b) The Bank may suspend the services in accordance with the applicable laws
and regulations.
(c) The Bank has the right to suspend the Customer’s Account if the Bank
considers it is necessary to take suspension measure for the purpose of
protecting the Customer’s assets, including, without limitation to, suspension
upon death of either of the Customers, in case of a Joint Account. The
Customer hereby indemnifies the Bank from all actions/claims made by any
party in relation to such suspension.
(d) The Customer grants the Bank full power and authority to suspend his/her
Account at any time if there is suspicion of falsification or fraud or other
events which may cause loss on the Bank or the Customer, or if there is a
suspension order or attachment by relevant authority.
(e) In the event that the Customer’s Account is suspended by the Bank (for the
purpose of implementing Prudential Banking Principle and/or the applicable
laws and regulations) or the police or the prosecution, or attachment by a
court and/or other relevant authorities, the Customer indemnifies the Bank
from all claims made in relation to the circumstances which have occurred as
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the result of such suspension or attachment, such as: approval or refusal of
the incoming fund transfer or Instruments issued by the Customer for a third
party.
2. CORRECTION BY THE BANK
In the event that the Bank makes an error and/or omission in connection with
computation of funds available in an Account, rejecting an Instrument payment or
otherwise relating to an Account, the Bank shall correct the error or omission within
14 (fourteen) Business Days of the date of identification of the error or omission. The
Bank will notify the Customer of any such correction or remedial action taken by it in
connection with the error it has made, including correction to Account Statements or
cancellation application to BI in relation to a blank Instrument.
3. NOTICE OF CHANGES
(a) The Customer must notify the Bank in writing on any change in the
Customer’s data specified in the Customer's information, including, without
limitation to, form of specimen signature or the Customer’s authorized
representative, authorized signature procedures, conditions for signing,
address or other information relating to amendment of articles of association
or change in shareholders, directors, commissioners and/or partners.
(b) The Bank has the right to assume that any information furnished by the
Customer in relation to an Account is complete, correct and accurate, unless
notified otherwise in writing to the Bank by the Customer by way of data
update. No change in the Customer’s data specified in the Customer's
information will be effective until the Bank has received a written notice of
such change from the Customer.
4. CUSTOMER’S OBLIGATIONS
The Customer is obliged:
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(a) if the Customer has not received the Instrument book issued by the Bank in
connection with his/her Account (which has been requested to be delivered to
him/her), the Customer shall immediately notify the same to the Bank in
writing within 14 (fourteen) Business Days from the date of the Instrument
book delivery request, and the Customer may not withdraw an Instrument,
keep the Instrument book or use his/her Account in a manner that allows
fraudulent changes or frauds. The Customer has the obligation, as a
preventive measure, to comply with rules set out in the Terms and Conditions
for the services provided by the Bank. All risks associated with the
Customer’s failure to do so must be borne by the Customer;
(b) in relation to all types of Account:
(i) to each time monitor the balance in his/her Account and notify the
Bank in writing immediately upon becoming aware of unknown or
suspicious debit or withdrawal from his/her Account;
(ii) subject to the General Terms under article 2 B, to examine all debit
and credit transactions in the Account Statements, transaction
notification reports, notifications of deposit and recording
(“Transaction Records”) in the Account Statements, and to report
any exclusions or any debits/credits erroneously made or made
without authority or transactions that are not accurately recorded in
the Account Statements or the Transaction Records; and
(iii) to sign and return each proof of confirmation, including that which is
for audit purpose (if so requested).
5. BANK’S RIGHT TO SET-OFF
(a) In the event that the Bank receives or incurs obligations on the Customer’s
Accounts for or at the request of the Customer, either for the present or future
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obligations in Indonesia or elsewhere, whether actual or contingent, liquidated
or not liquidated, with or without security, individually or jointly with other
party, or the Customer fails to make payment for any amounts payable to the
Bank or to refund an amount which has been erroneously credited to his/her
Account to the Bank or other bank, immediately upon demand to pay is
issued (whether received or not by the Customer) and without further notice,
unless required otherwise by the provisions of applicable laws, the Bank shall
have the right:
(i) to hold as security or put in public or private sale any funds, security or
other valuable property of the Customer maintained in trust with the Bank
against payment and in satisfaction of all or any part of the amounts
payable;
(ii) to reject any withdrawal of funds from the account until the amounts
payable are fully paid; and/or
(iii) to apply and set-off (or debit) the amounts available in each of the
Accounts (whether or not they have been due) against payment and in
satisfaction of all or any part of the amounts payable even if the
Accounts are of different kind, type or characteristic, and the balances
available in the Accounts are located in branches of different
jurisdiction or held by the Customer together with other party (whether
or not the obligation is a joint obligation with other party) or in a
currency other than the currency of the amounts payable, and the
Bank has the right to make the necessary conversion at the Bank’s
applicable rate of exchange.
Version : DBS 136(1) 2014 42
(b) The Customer is responsible to the Bank for any difference which may arise
and for any costs which may be incurred in connection with any sale, set-off
or debit and immediately pay the amounts to the Bank upon demand.
6. WAIVER OF CLAIM
The Customer hereby waives all claims that he/she may have and agrees to defend,
indemnify and hold the Bank harmless from and against any claims, actions,
damages, liabilities or costs, including fees for lawyers or legal consultants which the
Bank may have sustained in any manner whatsoever in connection with an
Instrument or application or proposed application of the Instrument or from the
documents signed in connection with the Instrument and the undertakings made to
the Bank are deemed applicable for each case expressly requested by the Customer.
7. CONFIDENTIALITY OF CUSTOMER’S PERSONAL DATA AND/OR
INFORMATION
By signing the account opening application (which expression includes each form of
adding a Customer to be holder of an Account) and the form of approval for use of
the Customer’s data in such form and with such provisions as set out in Appendix 1
(Customer’s Consent in the use of Customer’s Personal Data and/or information for
Commercial purposes) to these Terms and Conditions specifically for the purpose of
using customer’s data as referred to in point (e) below (“Form of Approval for Use
of Customer’s Data”) (unless the Customer refuses to sign such Form of Approval
for Use of Customer’s Data), the Customer has ACKNOWLEDGED, AGREED, and
PERMITTED the Bank and all its employees and agents and other parties who have
access to the records, registers, correspondences, information or materials relating
to accounts, to give any information regarding monies and other data of an account
and customer’s personal data and/or information both for commercial and non
commercial purposes.Customer acknowledges that without this approval, the Bank
Version : DBS 136(1) 2014 43
will not give such data or information for any purpose other than as permitted by the
applicable laws and regulations and/or as approved by the Customer based on the
Form of Approval for Use of Customer’s Data. With such ACKNOWLEDGEMENT,
AGREEMENT and PERMISSION by the Customer, the Bank and other parties who
have access to records, registers, correspondences, information or materials relating
to an account, may give information:
(a) to each party or organization who participates in the provision of electronics
or, without limitation, other services in connection with the banking services
used by the Customer within or outside Indonesia in connection with the use
of such services, including, without limitation to, investigations, damages or
claims;
(b) to the police or other parties or authorities who conduct investigations related
to a breach committed or allegedly committed by the Customer to comply with
prevailing laws; and
(c) to the parties who print the Bank’s office equipment, agents or file keepe rs or
file service providers (including, without limitation to, microfilm service
providers or electronic, file or record storage facilities) and who will sign a
confidentiality agreement with the Bank in connection with the production,
printing, dispatch, storage, production of microfilm or storage of personal
cheques, account statements, passport books, or other cards in which the
Customer’s name or other information appears, or other documents, data or
records;
(d) to principal office of the Bank and its affiliates (to the extent permitted by the
applicable laws and regulations); and
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(e) The Customer agrees that the Bank may at any time give his/her personal
data and/or information to third parties for commercial purposes of the Bank
with other parties establishing cooperation with it.
(f) Other third parties who cooperate with the Bank for Bank internal purposes.
In connection to the marketing activities undertaken by the Bank to the Customers in
which the Bank may contact the Customers through customer’s personal
communication tools, the Bank shall obtain the consent from the customers in
regards to this matter.
8. PLACE OF PAYMENT
All monies available in the Accounts will be paid only to the Bank's branch in
Indonesia from which the Accounts are administered, or such other branches of the
Bank or such other places in Indonesia or other country as approved by the Bank.
9. BANK’S AGENT
The Bank may employ the service of a bank or an agent in any place within
Indonesia or in other country approved by Bank in connection with withdrawals or
banking matters of the Customer. The Bank or its agents, subagents, and
correspondents will be deemed as agents of the Customer and all costs incurred in
connection with that will be borne by the Customer.
10. RECORDING OF CONVERSATION
In providing its services, the Bank (or any of its agents) has the right to record each
verbal instruction including verbal consent received from the Customer and/or any
verbal communication between the Customer and the Bank (or any of its agents) in
connection with the services.
11. SUSPICIOUS TRANSACTIONS
(a) The Customer agrees and acknowledges that the Bank may:
(i) refuse to process a transaction on an account; or
Version : DBS 136(1) 2014 45
(ii) hold funds in an account and limit the Customer’s rights to make
withdrawals from an account,
if the Bank, in its reasonable discretion, suspects the existence of fraud,
illegality or incorrectness in the transaction or funds.
(b) The Customer acknowledges that the Bank is subject to financial criminal
laws, including, but not limited to, those which provide for criminal acts of
corruption and anti-money laundering in force nationally and internationally,
and other relevant laws and regulations in force in Indonesia and the Bank’s
internal policies. For that purpose, the Customer hereby agrees to give any
information required by the Bank for the purpose of complying with the
provisions of the laws and regulations, including, without limitation to, name,
address, age, sex, personal identification, income, occupation, asset,
obligation, source of asset, purpose of opening the account, investment
purpose, Customer’s financial plan or other information related to the
Customer’s financial. If so required by the Bank, the Customer also agrees to
give the Bank all changes to such information.
(c) The Bank is obligated to comply with laws, regulations and requests from
public authorities and the relevant regulators in any jurisdiction, in relation to
prevention of financing, among others, to terrorists and persons subject to
sanctions. This might require the Bank to stop and enquire into any payment
instruction and information or other communications sent to or by the
Customer or in his/her name through the Bank's system and this process
involves the filing of a request for further information as to whether a name
that refers to a person named or a person subject to sanctions is actually
referring to that person.
(d) The Bank is not responsible for any losses (directly or indirectly and including,
without limitation to, loss of profit or interest) or damages incurred by a party
Version : DBS 136(1) 2014 46
out of the Bank’s delay in processing or inability to process a payment order
or other information or communications or in performing other obligations all
or any of which are caused by a measure taken under clause (c) above.
(e) This process may cause delay in processing information and, accordingly, the
Bank does not guarantee that the information in the Bank’s system relating to
a payment instruction and communications to which the action taken under
clause (c) above are subject is appropriate, updated and the latest
information at the time of access when the action is taken.
12. NO LIABILITY FOR LOSSES
(a) The Bank and all its directors, officers, employees or agents are not
responsible and in no way liable for any damages, costs or losses suffered by
the Customer from fraud, misuse or falsification of the Customer’s authorized
signatory’s signature or the seal (in case of a company) to the extent that the
Bank has taken the measures necessary to prove or verify that the signature
or the seal appearing on an instruction issued to the Bank is identical to the
specimen signature or the company’s seal of the Customer. The Bank is also
not responsible and in no way liable for any losses, costs or damages
suffered or incurred by the Customer from or out of the failure or malfunction
of the transmission or communication or computer facilities provided by the
Bank (unless such failure or malfunction is due to the fault or negligence of
the Bank’s employees and/or directors), postal services or strikes or similar
industrial actions, failures of other parties, firms, or any companies to perform
their obligations, orders by the government, laws, levies, taxes, embargoes,
moratoriums or trade restrictions which may affect an account or other
actions, delays in taking actions in connection with the account.
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(b) The Bank is not obligated to honor a modified or forged Instrument where
such modification or forgery might have been made with a removable ink,
pen, or typewriter or other means that is equipped with an erasing tool or
using a forging tool where such modification or forgery cannot easily be
detected or where such modification or forgery is due to the Customer’s
negligence.
13. SUSPENSION OF ACCOUNTS/SERVICES
The Bank may suspend the use of each or all accounts and services as the result of
a force majeure event, condition, state of affair , computer failure, interruption of
communications system or sabotage, or for any reasons, including natural disasters,
Customers data, Accounts or unavailability of services or failure to identify access to
the data, Accounts, or services.
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and shall be interpreted in accordance
with the laws, legislations and regulations of the Republic of Indonesia.
15. POWERS
The powers mentioned in this Agreement are irrevocable and cannot be terminated
for any reason, including the reasons specified in Articles 1813, 1814, and 1816 of
the Indonesian Civil Code. For the purpose of performance of these Terms and
Conditions and all the legal consequences hereof, the parties select the Registrar
Office of South Jakarta District Court as their permanent and legal domicile, such
without prejudice to the rights of the Bank to bring legal actions against the Customer
before any court elsewhere considered appropriate by the Bank in accordance with
the provisions of applicable laws and the Customer agrees to to submit to the
jurisdiction of such court.
16. NATIONAL BLACKLIST
Version : DBS 136(1) 2014 48
(a) The listing of the Customer in the blacklist is governed by and subject to the
Bank Indonesia regulations.
(b) If at the time a cheque/bilyet giro is presented to a bank or a payment where
the funds available are not adequate, the cheque/bilyet giro or the payment
will be reported to Bank Indonesia in accordance with the procedures
required by the applicable laws and the Bank will send a warning letter to the
Customer.
(c) The Customer agrees that if:
(i) in a consecutive period of 6 (six) months, he/she withdraws a
cheque/bilyet giro but the funds available are not adequate as many
as 3 (three) times or more withdrawing in the nominal amount of less
than Rp 500,000,000 (five hundred million Rupiah); or
(ii) he/she withdraws 1 (one) cheque/bilyet giro in the nominal amount of
Rp 500,000,000 (five hundred million Rupiah) or more but the funds
available are not adequate, the Customer’s name is listed in the Bank
Indonesia’s Blacklist, and the Bank is entitled to close his/her Account.
17. MISCELLANEOUS
(a) All notices and communications to the Customer may be sent by mail or
delivered by hand to the address most recently notified to the Bank.
(b) All requests for Instrument must be made in writing or automatically by
computer or other means approved by the Bank. The Bank may send each
Instrument to the Customer by mail (either regular or registered mail), courier
services or other sending methods deemed appropriate by the Bank at the
expense and risk of the Customer (including risk of disclosure of the data
about the account).
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(c) In the event that the Customer’s Instrument is lost, then it must be reported
immediately to the Bank.
(d) These Terms and Conditions and all the terms, conditions, rules and
provisions contained in an Instrument, payment slip or other documents from
the Bank or the forms provided by it, including any agreement entered into by
it with the Customer in connection with the Customer’s Account with it, all the
entire agreement between the Bank and the Customer, and the Customer is
deemed to have read or understood each of the provisions and therefore
bound thereby.
(e) The Bank has the right to add or amend any provision of these Terms and
Conditions at its own decision, and such addition or amendment will be
notified to the Customer by no later than 30 (thirty) Business Days before it
becomes effective. In the event that the Customer does not agree to the
addition or amendment made to these Terms and Conditions, he/she may
stop using and immediately close his/her Account. In the event that the
Customer continues to use the Account after the notice, he/she is deemed to
have agreed to the addition or amendment of these Terms and Conditions.
(f) In the event of difference between the provisions of these Terms and
Conditions and the provisions contained in a BI or ministerial decree, or in the
Indonesian banking rules and regulations, the provisions contained in the
Indonesian banking rules and regulations shall prevail.
(g) If any of the provisions of these Terms and Conditions becomes invalid, illega l
or unenforceable pursuant to the laws in force in Indonesia, the validity,
legality or enforceability of the other provisions of the Terms and Conditions
shall not be affected or prevented thereby.
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(h) The Bank has the right to waive any provision of these Terms and Conditions,
but such waiver shall be without prejudice to the Bank’s rights to require the
satisfaction of other provisions of these Terms and Conditions in other
occasion.
(i) These Terms and Conditions are made in Indonesian and English languages.
In the event of controversy which may arise from a difference in the
interpretation of the Indonesian version and the English version hereof, the
Indonesian version shall prevail.
18. SPECIFIC TERMS AND CONDITIONS ON TAX REQUIREMENT
For the purpose of complying with the applicable tax requirements:
(a) Disclosure of information
The Customer grants the Bank, its directors, employees and other parties
who have access to its files, registers, or correspondences or other materials
authority to disclose all information which the Bank has about the Customer, if
so required by the law. This information may be forwarded to:
(i) its branches, representative offices, affiliates or related companies,
subsidiaries or other offices of the Bank, wherever located;
(ii) governments, quasi-governments, regulators, financial, monetary
authorities, institutional bodies or parties in Indonesia or elsewhere;
and
(iii) each party or organization to which the Bank considers in good faith
and in its interests is obligated to disclose information;
(b) Notice to the Bank on changes made
Customer shall immediately notify the Bank in writing if any change is made
to:
Version : DBS 136(1) 2014 51
(i) his/her data, condition, status (including change of nationality),
address, tax residence, registered address, telephone and fax
numbers and email address; and
(ii) its Articles of Association (in the event that the Customer is a legal
entity), shareholders, partners, directors or corporate secretaries, or
family businesses;
(c) Cooperation in investigations
The Customer will fully cooperate in the investigations which the Bank may
conduct to enable the Bank to comply with laws and regulations. The
Customer must immediately furnish all relevant information to the Bank, the
details and such documents which the Bank may require to enable it to
comply with laws and regulations.
(d) Right to hold payments or to close Accounts
Each amount which the Bank may pay to the Customer shall be subject to all
applicable laws and regulations, including income tax requirement or foreign
exchange restriction or control. The Bank may hold each amount for the
purpose of complying the laws and regulations or keep monies until the Bank
determines whether it needs to hold them as tax requirement or foreign
exchange restriction or control. The Bank shall not be responsible for any
losses incurred out of the deduction, holding or keeping of monies payable to
the Customer.
(e) Closing the Customer’s Account
The Customer agrees that the Bank has the right to close his/her Account at
any time without the requirement to give any reason or any notice unless
required by laws and regulations.
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This Terms and Conditions have been adjusted with the applicable regulations
including the Indonesia Financial Services Authority regulations.
In there is any difference between the terms used herein with the terms used to
define the Bank’s products or services specified in the other applicable documents at
the Bank, the terms contained herein shall prevail.
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APPENDIX 1
TRANSPARENCY FOR THE USE OF CUSTOMER’S PERSONAL DATA
By signing this certificate:
1. I give my approval to the Bank to give my personal data to external parties working
with the Bank for commercial purposes.
2. I have understood the explanation given by the Bank regarding the purposes and
consequences of giving my personal data to the aforesaid external parties.
________________,_______________________
[City], [Date]
(Stamp Rp 6.000)
_____________________
(Customer’s name & signature)