Internet Banking Service Agreement

 

This Internet Banking Service Agreement (the “Agreement”) sets forth the specific terms and conditions which shall govern my use of the online banking services of Bank of the Philippine Islands (the “Bank”). By using the BPI Internet Banking Service, I agree as follows:

1. DEFINITIONS

1.1 Unless the context otherwise requires, the following terms when used in this Agreement shall have the meaning indicated below:

"BPI Internet Banking Services" means any service, financial or otherwise, electronically provided by the Bank through the use of the internet banking facility.

"Password" means the code created by the authorized user and is used in conjunction with the User ID to allow access to the BPI Internet Banking Service.

"Intellectual Property Rights" means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Bank's name, duly licensed to the Bank by an affiliate or subsidiary of the Bank or by a third party.

"User ID" means a string of characters composed of letters and numbers nominated by the authorized user which serves as his unique identification.

1.2 Headings used in this Agreement and the Annexes are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality.  Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted or re-enacted.

2. ACCESS TO BPI INTERNET BANKING SERVICES

2.1 The Bank shall provide me with instructions on how to use the BPI Internet Banking Service. I can access any of my enrolled/nominated accounts with the use of internet enabled device, approved browser and my User ID and Password.

2.2 BPI Internet Banking Service is designed to be accessible seven (7) days a week, twenty four (24) hours a day. However, at certain times, some or all of BPI Internet Banking Services may not be available due to system maintenance or system downtime. System downtime for maintenance could occur as early as 10:00 PM (Philippine Standard time) on a banking day.

For purposes of dating my transactions, I understand that a bank cut-off time has been implemented. All transactions done before the designated bank cut-off will be posted to my account on the same day. Transactions after cut-off on a banking day or completed on a Saturday, Sunday or banking holiday will be posted on the next banking day.

2.3 I further agree that should I nominate any of my accounts as a nominated payment account, the   Bank, at its option, may automatically enroll all my other accounts which may be linked with my    nominated source accounts without the need for any further authorization or consent on my part.

2.4 I also agree that by enrolling in BPI's Internet Banking Service, other products under my name such as, but not limited to, credit cards or loans may be automatically viewable. The Bank, however, reserves the right, at its discretion, to require my enrollment in select products, services and facilities as it may deem fit and appropriate.

3. SECURITY PASSWORD USAGE

3.1 I agree not to let anyone know of my password.

3.2 I agree to assume full responsibility for all transactions made in my accounts through the use of my User ID and Password. It is understood that the Password is known only to me and as such, any transaction effected using my Password shall be conclusively presumed to be done by me or authorized by me.

3.3 I further agree and undertake to change my Password from time to time as I deem necessary.      Should I feel that my Password has been compromised, I shall immediately change my Password       through BPI Internet Banking Service’s Change Password facility.

3.4 I agree that the Bank, at its sole discretion, is entitled to act on the instructions received via BPI Internet Banking Service which the Bank reasonably believes emanated from me by the use of my User ID and Password. I further agree that the Bank shall not be liable for acting in accordance with or based on the BPI Internet Banking Service requests and/or instructions made through my BPI Internet Banking Service account, which it believes emanated from me.

4. BPI INTERNET BANKING SERVICES

I understand that the following are some of the services available in BPI Internet Banking Services:

4.1 ACCOUNT BALANCE INQUIRY - I can access the available balance or the withdrawable balance of each of my account as of the date and time of my inquiry and the total balance as of previous banking day.

4.2 ACCOUNT DETAILS ACCESS - I can access transactions occurring within the preceding sixty (60) days from date of my last statement of account. I may, however, request for a copy of the bank statement or account details for transactions that occurred prior to the said sixty (60)-day period. This statement shall be sent to the mailing address specified in my Signature Card for the particular account.

4.3 FUNDS TRANSFERS - I can only transfer funds from  my own account to valid beneficiary accounts as follows:

i. Deposit accounts under my name that are viewable in My Portfolio;
ii. Pre-enrolled deposit accounts under another depositor's name; or
iii. Any deposit account provided I have enabled the "Transfer to Anyone" facility.

The amount of funds transfer shall be deducted from the source account that I specify and will be added to the beneficiary account. I may choose to transfer funds real time or on a scheduled basis.

The Bank may impose a limit on the amount of funds and the number of times that I can transfer within a certain period. The Bank may likewise collect fees from certain fund transfer transactions.

4.3.1 Real time and scheduled funds transfers can originate from my savings and current accounts.

4.3.2 For real time funds transfer,  I shall manually trigger real time fund transfers on the transfer date, while for scheduled fund transfer, this shall automatically transfer on the scheduled date.

4.3.3 Completed real time funds transfers are reflected immediately in the withdrawable balance of my accounts. However, the transactions will appear in the account details screen on:

3.3.3.1 the NEXT banking day, if my real time fund transfer is received by the Bank before system downtime.

3.3.3.2 after two (2) banking days, if my real time fund transfer is received by the Bank after system downtime.

4.3.4 The starting date of scheduled fund transfer should be later than the current date. Scheduled fund transfer cannot start on the date of request. If the transfer must be done on date of request, then I have to perform a real time fund transfer and set scheduled fund transfer for future transfers. Such funds shall be deducted from my "transfer from" account and transferred to the "transfer to" account on the scheduled transfer date.

4.3.5 For scheduled fund transfer, I can select one of the following frequencies of automated transfer: one-time transfer, monthly or quarterly. When the requested transfer date falls on a week-end or holiday, the transfer date will be one (1) day before such week-end or holiday.

4.3.6 Only cleared and withdrawable balances of my enrolled/nominated accounts shall be considered for fund transfers, both for real time fund transfers and scheduled fund transfers. In case of insufficient funds in my account, my fund transfer request will automatically be cancelled and no further attempt will be made by the Bank to make the transfer. The Bank shall have no obligation or liability if it does not complete a transfer due to insufficiency of funds in my account. In all cases, I am responsible for making alternate arrangements for the transfer.

4.3.7 In the case of multiple fund transfers coming from one (1) account and the account has only enough balance to make some but not all fund transfers, the Bank, in its sole discretion, may determine which of my transfer requests to complete.

4.3.8 I can edit or cancel my scheduled transfer transaction online.

4.3.9 The Bank may identify other types of accounts that can be enrolled under the Funds Transfer facility.

4.4 STOP PAYMENT ORDER (SPO) - It is understood that I can request a stop payment through BPI Internet Banking Service on a single check only per request, subject to the following limitations:

4.4.1 This service is limited to ATM - based Checking Accounts only.

4.4.2 I can request a stop payment order (SPO) of my check before the check has been paid or accepted or certified for payment by giving clear written instructions to the branch where my Checking Account is maintained, or through the Bank channels. I agree that the SPO is accepted on the assumption that the check has not yet been negotiated as of the date and time I issued the SPO and that stale dated checks cannot be accepted for SPO.

4.4.3 I also acknowledge that SPOs are valid for a period of six (6) months from the date of the Bank’s receipt of the SPOs, unless sooner renewed/extended in writing for another six (6) months. Such renewal/extension shall be effective from the Bank’s receipt of the request for renewal/extension. Lifting of an SPO can only be made upon my written request if the SPO is to be revoked prior to the expiration period. Issuance of SPOs is subject to the payment of applicable fees and charges which may be revised and/or changed by the Bank from time to time. Said fees and charges shall be debited from my Checking Account without further notice.

4.4.4 SPO (s) initiated after system downtime will be posted the next day banking day.

4.4.5 I agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities costs, payments, damages and expenses, arising from or in connection with (i) the Bank’s implementation of said SPO(s); (ii) its payment contrary to the request for SPO(s) if such payment occurs through inadvertence or accident; (iii) payment by the Bank before the date and time when the SPO was placed; and (iv) payment by the Bank effected over-the-counter under an offline environment even after SPO was issued. I further undertake to notify the Bank promptly in writing of any change in the conditions which give rise to my request for SPO(s),

4.5 CHECKBOOK REORDER

4.5.1 I agree that I can only request a maximum of four (4) checkbooks within a month.

4.5.2 I agree that the checkbooks I ordered through the BPI Internet Banking Service will be ready for pick-up at the nominated BPI or BPI Family Savings Bank branch on the date specified in the confirmation email of my checkbook reorder.

4.5.3 I agree that all checkbook reorders submitted after 9pm will be considered reorders dated the next banking day.

4.5.4 I agree that my account will be debited for the cost of the checkbook(s) without need for further demand, notice or consent. Further, I agree that a letter of authorization is required if such checkbooks will be picked up by my representative.

4.5.5 I also agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the Bank’s implementation of my checkbook reorder(s). I further undertake to notify the Bank promptly in writing of any change in the conditions which give rise to my request for checkbook reorder.

4.6 ELECTRONIC MAIL

4.6.1 I agree that I shall not rely on email if I need to communicate with the Bank right away, such as but not limited to, the reporting of my lost or stolen credit/ATM card, unauthorized transaction in one of my accounts, or the issuance of a stop payment order for a range of check numbers. In any of these or similar instances, I shall call the Bank’s Contact Center to report my concern.

4.6.2 I agree that the Bank may respond to me by electronic mail with regard to any matter related to the BPI Internet Banking Services.

4.6.3 I hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank, its subsidiaries, affiliates and partner institutions, by communicating to me in writing, or by electronic mail, or by facsimile transmission, or by short messaging service (SMS), or by such other electronic transmission which the Bank, at its option, considers appropriate and effective, or through the Bank channels or any one of them including posting in the Bank’s website.

4.7 BILLS PAYMENT

4.7.1 The Bills Payment Facility is a debit from any of my eligible enrolled/nominated account(s) and credit to a nominated bills pay merchant or payee. I may choose to pay nominated bills pay merchants or payees real time or on a scheduled basis.

4.7.2 Payments made through this Bills Payment Facility after system downtime shall be considered as payments for the following banking day.

4.7.3 Only cleared and withdrawable balances of my enrolled/nominated account(s) shall be available for such payment. In case of insufficient funds in my account, my payment request will automatically be cancelled by the Bank.

4.7.4 I shall notify the Bank of any and all changes in the list of my enrolled merchant(s).

4.7.5 Any discrepancy between the billing amount and the paid amount shall be resolved between me and the payee - company(ies) and/or individual(s) directly. The Bank shall not be held responsible for any such discrepancy.

4.7.6
The Bank is authorized to disclose to any of the payee - company(ies) and/or individuals any information pertaining to my account(s) as may be necessary for the operation of this Bills Payment arrangement.

For this purpose, I agree to hold the Bank free and harmless from any and all liabilities, claims, demands and suits of whatever nature, arising out of or in connection with such disclosure.

4.7.7 Payment shall be for current/due bills only. Payments for past due or overdue accounts with service disconnection/termination of contract or lapse of policy shall be made directly to the collection offices of the payee - company(ies) and/or individuals.

Payment procedures/stipulations imposed by my payee - company(ies) and/or individual(s) not inconsistent herewith or with any of the terms and conditions hereof or any related documents or instruments governing the Bank's products, services, facilities and channels, shall be incorporated herein and made part of this Agreement.

I agree to hold the Bank free and harmless, and indemnified, from any and all adverse actions/consequences arising out of or in connection with any payments made by me on overdue or past due accounts or for violation of the paragraphs above, including, but not limited to, service disconnection, termination of contract, lapse of policy and/or the like.

4.7.8 The Bills Payment arrangement between the Bank and any of its affiliated payee individual(s)/company(ies) may be cancelled at any time by either party without any written prior notice of termination to me.

4.7.9 The Bank may, at its discretion, reverse a bills payment transaction in case of suspected fraud or system error.

4.8 OTHER SPECIAL SERVICES

4.8.1 I understand that I can make other service requests and inquiries through BPI Internet Banking Special Services, such as but not limited to , Address Change, Application Status Inquiries, ATM and Credit Card - related Requests and Inquiries, Loan Services Inquiries, Remittance - related Inquiries and Enrollment Procedures Inquiries.

4.8.2 I understand that these special services will be received by the Bank electronically and as such, are subject to processing time.

4.9 NEW SERVICES

New services may be introduced by the Bank for BPI Internet Banking Service from time to time and I will be notified of these new services. By using these services when they become available, I agree to be bound by the rules that will be made available to me concerning these services.

4.10 CUSTOMER SERVICE AND COMPLAINTS

4.10.1 I can file requests and complaints through the following Bank's facilities/channels:

i. Customer Service
ii. Electronic Mail (E-mail)
iii. Request and Complaints forms in BPI Express Online
iv. BPI and BPI Family Savings Bank branches

However, for urgent concerns or those that may require immediate attention, I shall not rely on Electronic Mail or forms in BPI Express Online but instead, I shall immediately call the bank's 24-hour customer service hotline at 89-100.

4.10.2 I agree to provide the Bank with necessary information to be used for the investigation and resolution of a complaint. The Bank shall provide me with the prescribed processing time to resolve a complaint and, if necessary and practicable, provide updates on a regular basis.

5. OTHER AGREEMENTS

5.1 I hold the Bank and its subsidiaries and affiliates (the “BPI Group of Companies”), including any of their respective officers and representatives, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement, including any and all errors inadvertently committed, any computer-related errors resulting to the Bank’s failure to effect any payment transaction that I may undertake via the Bills Payment arrangement, as well as on account of any transaction that I may undertake via the BPI Internet Banking Service. The Bank will not be liable for any losses resulting from circumstances over which the Bank has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, severe weather, earthquakes, floods, fire or other such other similar events.

5.2 All terms and conditions of my existing savings/current account agreement(s) with you insofar as not inconsistent herewith shall remain in full force and effect.

5.3 I agree that where particular transactions, products and services are subject to specific terms and      conditions agreed upon between me and the Bank, insofar as not inconsistent herewith, or that are   applicable thereto from time to time, such terms and conditions shall take precedence.

5.4 For "AND/OR" joint accounts, it is hereby understood and agreed that all transactions to be made by any one of us via BPI Internet Banking Service are deemed done with the consent of all the co-depositors.

5.5 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP).

5.6 I agree that the Bank may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits and I hereby authorize the Bank to impose the said charges accordingly.

5.7 My enrollment in BPI Internet Banking Service shall be effective upon receipt of the Bank's confirmation of the activation of my accounts in Internet Banking and shall remain in full force and effect until you receive from me a written notice of its termination. The Bank may, however, at any time, suspend or terminate the use of any of the BPI Internet Banking Services, or this Agreement, with or without prior written notice.

5.8 The Bank may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the services provided through BPI Internet Banking Service from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, posting on the Bank’s website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective.  Any such modification, amendment or revision shall be binding upon me on the date of effectivity specified in the notice. Continued use of the BPI Internet Banking Services thereafter, including Bills Payment service, will constitute my acceptance of the modifications, amendment or revisions of this Agreement or any of the terms and conditions applicable to any of the services provided through BPI Internet Banking Service.

5.9 The Bank may send any notice or communication to me via mail, electronic mail, facsimile transmission, short messaging service (SMS), other Bank channels or any one of them including posting on the Bank’s website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective.

5.10 I further agree to be bound, where applicable, by the Terms and Conditions of the Bank of the Philippine Islands governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS.

5.11 All Intellectual Property Rights arising from or in connection with the BPI Internet Banking Services are owned by the Bank or the relevant third party. I agree not to do any act or thing inconsistent with the Bank’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Bank’s or such third party’s Intellectual Property Rights, I agree to notify the Bank thereof and shall take such reasonable action as the Bank shall direct in relation to such infringement.

6. DISCLAIMER OF WARRANTIES

To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement. The Bank does not represent or warrant to me that the BPI Internet Banking Service: (i) will meet all my requirements; and (ii) will be uninterrupted, timely, secure or free from error.

7. LIMITATION OF LIABILITY

To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, incidental or punitive damages (or any loss of actual or anticipated revenue or profits) arising out of or connection with this Agreement or its termination, and irrespective of whether I have advised the Bank of the possibility of any such loss or damage.

8. NOMINATION/ENROLLMENT OF ACCOUNTS FOR INTERNET BANKING SERVICES

It is understood that I personally nominate / enroll each and every account that I indicate in the Express Online enrollment form, and that I request that these accounts be given the functionalities of BPI Internet Banking Service.

9. OTHER INTERNET-BASED SERVICES OF THE BPI GROUP OF COMPANIES

9.1 I understand that the BPI INTERNET BANKING SERVICE has or shall have other internet-based services of other members of the BPI Group of Companies which I may desire to avail.

9.2 By applying for registration to avail of such internet-based services and subsequently availing of such other internet-based services, I hereby likewise agree to be governed by the respective terms and conditions of the specific internet-based service availed.

10. CONSENT TO PROCESSING OF INFORMATION

The Bank will keep information relating or pertaining to me including, but not limited to, any information on my accounts, transactions, credit relationships, and/or credit facilities (the “Information”) confidential except that for purposes of this Agreement and in connection with Bank’s and the BPI Group of Companies’ (i) implementation, administration, facilitation and enhancements of their respective products, services, facilities and channels, (ii) pursuit of their respective marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iii) compliance with the requirements of applicable laws and/or government regulators or supervisory bodies,  I consent to the Bank’s, and its directors, officers, employees, advisers, auditors, agents and representatives’ (collectively, the “Bank Representatives”) and the BPI Group of Companies’:

a) collection, use, storage, consolidation and processing (collectively, “process” or “processing”) of Information;

b) outsourcing of the processing of Information to service providers, whether within or outside the Philippines;

c) verification or validation of Information from any and all sources and in any reasonable manner, including but not limited to:

(i) the Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return ("ITR") and the accompanying financial statements which I may have submitted to the Bank or any member of the BPI Group of Companies; and

(ii) courts or government or administrative agencies or arbitral tribunals on the status of any case or proceeding to which I am a party.

d) disclosure and sharing of Information:

(i) among the Bank and members of the BPI Group of Companies;

(ii) to credit information or investigation companies, credit bureaus (including, but not limited to, the Credit Information Corporation (CIC) pursuant to Republic Act No. 9510 and its implementing rules and regulations), financial institutions, consumer reporting or reference agencies, credit protection provider or guarantee institutions, brokers, insurers, underwriters;

(iii) to any judicial, governmental, supervisory, regulatory or equivalent body of the Philippines or other jurisdictions; such person or entity as required by the laws or regulations of any country with jurisdiction over the affairs or business of the Bank or any member of the BPI Group of Companies; stock exchange on which the shares or other securities of the Bank or any member of the BPI Group of Companies are listed pursuant to its rules;

(iv) to any potential transferee or assignee of the Bank’s rights and/or obligations under the relevant contracts or agreements;

(v) to service providers engaged by the Bank or by any member of the BPI Group of Companies, or to marketing, promotional, network, loyalty program and joint venture partners and other relevant external parties, whether based within or outside the Philippines ( collectively, the “Relevant Parties” ); and,

(vi) to such other persons or entities that the Bank or any member of the BPI Group of Companies, may deem necessary or appropriate to facilitate the above-stated purposes or those that may relate to or arise therefrom, as and when required by the circumstances.

The foregoing constitutes my express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdiction and agree to hold the Bank, the Bank Representatives, each member of the BPI Group of Companies and the Relevant Parties, free and harmless from any and all liabilities, claims, damages and suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by me hereunder.

The foregoing consent shall continue for the duration of, and shall survive the termination of, this Agreement.

11. DATA PRIVACY STATEMENT

In the course of providing the services contemplated under these Terms and Conditions, BPI will be collecting information (including personal information) relating me. BPI’s Data Privacy Statement explains how BPI collects, protects, uses, shares and stores the personal information of its clients and is deemed incorporated herein by reference. To learn more about BPI’s Data Privacy Statement, I may visit BPI’s website.


I understand that my continued access into BPI's network of websites or use of the Card will constitute my acceptance of the BPI Data Privacy Statement as the same may be revised or updated from time to time.”


12. DECLARATION

I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct and accurate; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Bank and may be a ground for the termination of this Agreement, or the  cancellation or termination of my access to any of the BPI Internet Banking Services, without prejudice to such civil and/or criminal liability that the Bank may pursue against me; (iv) the Bank may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the BPI Internet Banking Services; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any the BPI Internet Banking Services, I shall comply with all applicable laws, rules and regulations.

13. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.


I hereby agree to be governed by the terms and conditions of this INTERNET BANKING SERVICE AGREEMENT. I hereby also acknowledge to have read and fully understood the said terms and conditions.