definitions and interpretation · "account" means saving accounts, giro accounts or loan...

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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is similar to savings and subject to a specified period of time during which funds deposited by the Customer may not be withdrawn and may be withdrawn only on its maturity date; "Flexi Fixed Deposit " means a fixed deposit account which has 1 month + 7 days tenor and is flexible like savings in terms of fund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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Page 1: DEFINITIONS AND INTERPRETATION · "Account" means saving accounts, giro accounts or loan which withdrawal can be made at any time by using an Instrument, either existing or other

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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Version : DBS 136(1) 2014 2

"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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Version : DBS 136(1) 2014 3

(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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Version : DBS 136(1) 2014 4

(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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Version : DBS 136(1) 2014 7

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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Version : DBS 136(1) 2014 8

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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Version : DBS 136(1) 2014 9

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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Version : DBS 136(1) 2014 10

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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Version : DBS 136(1) 2014 11

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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Version : DBS 136(1) 2014 12

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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Version : DBS 136(1) 2014 13

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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Version : DBS 136(1) 2014 14

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.

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(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

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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

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(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

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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

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(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:

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(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)