In these terms and conditions:
"Bank" means the AstroBank Public Company Limited, its subsidiaries, successors and/or assigns.
"Account" means the accounts held with the Bank and/or to be held with the Bank in the name of the Customer which pursuant to an application and/or to a notification by the Customer to the Bank made from time to time, shall be connected through the international network known as "Internet" and/or ATMs and/or telephone lines and/or radio signals and/or television signals and/or through other electronic and/or other connections as shall be determined or made available to its customers by the Bank from time to time through the WinBank service for any account that the WinBank service is available.
'Transactions' means the financial and/or banking and/or other transactions Online and Offline which the User may carry out through the WinBank service as specified by the Bank from time to time.
"Username" means the identification number which the Bank provides/issues to the User, to be used by the User together with the Password in order to gain access to the "WinBank" service and/or together with the ExtraPIN to perform various types of additional Transactions or services through the "WinBank" service. It is clarified that the same Username may, if the Bank so determines, be used by the User for gaining access and/or enabling him to perform Transactions for any other services offered or to be offered in the future by the Bank through any other electronic and/or telephone and/or radio and/or television means and/or devices. It is further clarified that in the event that the Authorised User is / may also become a customer of the Bank and he has applied / will apply and has been / will be granted access to his accounts via "WinBank" service, the Username that will be issued by the Bank to the Authorised User for gaining access to the Customer's account will be the same as the one issued / which shall be issued to the Authorised User for gaining access to his own account.
"Customer" means the person who has signed the present application which has been accepted by the Bank for the use, by the User, of the services offered by WinBank service from time to time.
"User" means the Customer and/or an Authorised User.
Authorised User" means the person/s authorised by the Customer to use any of the services offered by the WinBank service.
"Password" means the Personal Identification Number that is used by the User to gain access to the WinBank service through WinBank Web Banking and/or WinBank Phone Banking and/or WinBank Mobile Banking according to each case.
"ExtraPIN" means the optional one-time 6-digit security password which the Bank issues to the User along with the Username and Password, in order to gain access to the WinBank service through WinBank Web Banking and/or WinBank Phone Banking and/or WinBank Mobile Banking according to each case and which enables him to use all advanced features requiring additional security. This one-time password may be generated either through the ExtraPin Generator or sent as an SMS message to a designated Mobile Phone Number at the request of the User.
"ExtraPin Generator" is the means through which the User may at his option obtain an ExtraPin subject to remuneration In order to gain full access to the WinBank service through WinBank Web Banking and/or WinBank Phone Banking and/or WinBank Mobile Banking according to each case.
"Internet" means the international information network.
"Computer" means the computer of the User which he uses to gain access to the WinBank Web Banking service through the Internet, or through any other means of electronic connectivity, as shall be determined by the Bank from time to time.
"WinBank service" means the service provided or which may be provided, from time to time, by the Bank to the User through WinBank Web Banking and/or WinBank Phone Banking and/or WinBank Mobile Banking according to each case
for the execution of financial and/or banking and other Transactions and/or orders and/or instructions, through ATMs and/or computer and/or telephone and/or any other equipment required through the Internet and/or mobile telephone or through such other electronic connections, and/or telephone and/or radio and/or television signals through which access is or may be given to the services, as shall be determined by the Bank from time to time, which may include inter alia and without prejudice to the generality of the above transfer of funds to and from an own/third party account within AstroBank Public Company Limited, transfer of funds to and from an account locally and/or internationally and/or electronic transfer of records/files and/or payments of bills and/or orders for cheque books and/or deposit slips and statements of account and/or providing information for exchange rates and/or opening of Standing Orders and/or card inquiries and/or stop payment of cheques and/or inquiries regarding hire purchase contracts and/or information relating to services and/or facilities provided by the Bank and/or applications for opening accounts with/without limit and/or loans and/or issue of temporary card numbers (non-plastic cards) and applications for obtaining facilities from the Bank.
"WinBank Web Banking" is a channel through which the User can gain access to WinBank service by the use of a personal computer with browser and internet connection pursuant to the present terms and conditions.
"WinBank Phone Banking" is a channel through which the User can gain access to WinBank service by the use of a telephone device pursuant to the terms and conditions provided herein.
"WinBank Mobile Banking" means the channel through which the User can gain access to WinBank service by the use of a mobile device with internet access and browser and by using the same Username and Password which are used for gaining access to WinBank WebBanking. The WinBank Mobile Banking channel is automatically available to the User upon registration to WinBank Web Banking.
"Instructions/Orders" means the instructions given by the User to the Bank through WinBank service.
"Designated Mobile Phone Number" means the number of the mobile phone designated by the User and notified to the Bank as the receiver through an SMS message of the ExtraPin.
"Funds Transfer through file" means funds transfer through an electronic file of predetermined format containing multiple instructions for funds transfer that the Authorised User who has so been authorised may send to the Bank via WinBank Web Banking service.
"SMS" means short message service
ACCESS TO WinBank
The Bank offers to the Customer the right of use of the WinBank service to carry out banking Transactions and for any other lawful use. The right of use of the WinBank service is subject to the terms and conditions herein contained and (subject to and in accordance with the Law) to such other terms and conditions that the Bank shall from time to time adopt and notify to the Customer in any manner the Bank deems appropriate.
The WinBank service consists of an interactive system that allows the User to receive information, to transmit orders and applications and to carry out banking Transactions from a distance 24-hours a day, by the use of a variety of technological methods and infrastructures, indicatively such as the Internet, the fixed-line telephone communications network, the networks of the mobile telephones. The Customer understands and recognizes that the WinBank service is a constantly developing system, subject to alterations and supplements, without depending exclusively on any technology existing today and that, to that extent, the Bank has the right to alter periodically the data and the parameters of the WinBank service. For example, the Bank has the right to alter the number and the kind of the executed Transactions, the requirements of the user's equipment, the methods and systems of recognition or verification of the user's identity, etc.
3. It is agreed that in the event that the Customer is a company or other corporate body, each form or notice completed or given on its behalf (including the application for access to the Winbank service) shall be signed by the individual or individuals specified in the relevant resolution of the company or corporate body and a copy of the said resolution shall be delivered to the Bank upon signing the application for access to the WinBank service. The said individual or individuals shall be entitled to receive the Username and the Password from the Bank and to use them in order to gain access to the WinBank service on behalf of the Customer.
4. The Customer must ensure that the User accepts and always fully complies with the aforesaid terms and condition. In addition, subject to and in accordance with the law, the User shall comply with all the mandates and/or instructions and/or directives issued by the Bank from time to time for the operation of WinBank.
5. Following the Customer's registration on the WinBank service and after the Bank has activated the system of access to the automated Transactions, the Users shall receive from the Bank the Username and the Password of the WinBank service by personally visiting the Bank or in case where the User's address is outside Cyprus by courier. The Password may consist of one or more alphanumeric or digital identification elements (Password - digital certificate, etc.), depending on the method and access technology system applied by the Bank each time. Every time that the User uses the WinBank service and wishes to have access to confidential information regarding the Customer's accounts or to carry out a Transaction by using the WinBank service , the User, during his connection with the WinBank service, must confirm his identity by using his Password or through any other way required by the system. The User recognizes that the transmission of his Password to the WinBank service is for the verification of his identity to the Bank and constitutes evidence that the User himself has made use of the service and that the electronic order has been sent by the User himself and that the sender of the information is the User himself. The receipt of the electronic Order and its recording by the computer system of the Bank constitutes full evidence that the Order has been made.
6. The Bank has absolutely no access to the User's Password other than in a strictly encrypted form and shall not reveal it to anyone else but the User and the User has the ability to change his Password (from the moment when the Bank has furnished them with the initial Password), with another Password of his choice, through the special facility of changing Password provided by the WinBank service . The frequent change of the Password is an important and necessary security measure, the application of which must regularly and promptly be observed by the User. The Bank shall have the right to cancel at any time the existing Passwords given and introduce and/or adopt, from time to time, any additional Passwords and/or other security measures or procedures and it shall inform the Customer of same in writing.
7. The Customer irrevocably authorises the Bank to accept any Instructions by the User, given through the WinBank service with the Password or with the use of any other security procedures that the Bank may from time to time set in place and of which it shall inform the Customer in writing and such instructions apply only for Transactions through the WinBank service. The Customer declares accepts and warrants that he bears full responsibility to ensure the full and strict compliance by any Authorised User with these Terms and Conditions.
8. The Bank shall have the absolute right to approve or reject the present application for subscribing to the WinBank service.
LIABILITY AND OBLIGATIONS OF THE CUSTOMER AND THE BANK
9. The User hereby declares that all information given to the Bank, including but not limited to personal data is accurate and true and cannot cancel or change Instructions given if in giving such Instructions he has specified the amount which the instructions concern The Bank shall exert all reasonable efforts to ensure the correctness of any information received by the User through the WinBank service but, except as provided by Law, the Bank shall not be responsible for the correctness of such information or for any loss, whether direct or indirect, suffered by the User or any third person in case such information is inaccurate.
10. The Bank may at any time and at its absolute discretion require that the User ceases using his Password and the Bank shall have the right at any time, with or without prior notification of this intention, not to allow the use and/or permit access to the WinBank service through the use of the Password provided that such right shall not be unreasonably exercised. Without limitation to the generality of the foregoing it is understood that the Bank shall be deemed to be acting reasonably in not allowing the use and/or permitting access to the WinBank service through the use of the Password in all cases where the Bank in its absolute discretion endeavours to protect the interests of the Customer/User or any other customer.
11. Subject to the provisions of any Law in force from time to time, the Bank may at any time extend or limit the services offered through the WinBank service and at its absolute discretion decide the hours and the days during which the WinBank service or certain of the services provided through the WinBank service may be available. The Bank has the right, without prejudice to any of its other rights including but not limited to those referred to term 12 below to suspend altogether the operation of the WinBank service by giving 7 days notice to the Customer as above. The Bank may give notice to the Authorised User with regard to any of the above in any way it deems appropriate.
12. The Bank shall have the right at any time to withdraw, restrict or vary the abilities of the Customer/User and/or the Authorised User to use the WinBank service or any part thereof and unless such withdrawal, restriction or variation is effected for security purposes (in which case the Bank may effect same immediately), the Bank shall give 30 days notice to the Customer/User in any way it deems appropriate. The services offered by the WinBank service may be restricted by the Customer in respect of any Authorised User, by giving written instructions to the Bank provided that the receipt of such instructions is confirmed by the Bank.
13. The Customer/User authorizes the Bank to proceed to the execution of the Orders transmitted within the framework of the present agreement provided that the transmission of such orders has been verified by the usage of the User's Password without taking further steps to ensure that the orders or requests are genuine. The Customer/User agrees that the use of the User's Password will have the same effect as his signature. Save as provided by Law, the Bank, at any time and at its absolute discretion, may refuse to receive and execute any Instructions and/or provide any information and/or provide any service to the User provided that such right shall not be unreasonably exercised.
14. The Bank is not liable towards the Customer/User or any third party connected in any way with the Customer/User for any damage or direct loss or consequential loss or delay or consequence due (directly or indirectly) to a fact that constitutes force majeure and renders impossible or exceptionally onerous the total or partial performance of the contractual obligations of the Bank. It is agreed that "force majeure" includes all facts or events being outside the sphere of control or influence of the Bank which could not have been foreseen even with the exercise of particular diligence on its part, as well as all the facts or events for which the Bank responsible.
15. The Bank reserves the right to request at any time from the Customer/User written confirmation of the Orders transmitted and such confirmation shall bear the Customer's/User's signature.
16. The Customer/User must and has a duty to inform the Bank at once, in writing, of any change in his and/or the Authorised User's name, address, telephone number and e-mail address.
17. The Customer/User must at his own expense, acquire and operate computer and/or telephone and/or any other equipment which is necessary for access to the WinBank service, pay any subscription for connection with the Internet and/or other means of electronic connection and shall be responsible for the maintenance of the aforesaid and/or other similar equipment in operational manner, based on any requirements imposed by the Bank from time to time and notified to the Customer/User in any way the Bank deems appropriate. The Customer/User undertakes that both he and the Authorised User shall use at all times such browsers for gaining access through the Internet to the WinBank service as may be prescribed by the Bank from time to time and notified to the Customer in any way the Bank deems appropriate. The Customer/User understands that he or the Authorised User uses a different browser to that or one of those specified from time to time by the Bank, the security of his Transactions and his accounts may be compromised and unauthorised persons may gain access to his accounts.
18. The Customer's/User's ability to have access to the WinBank service neither creates nor proves any right of the Customer/User related to the software or on the intellectual or industrial rights of the Bank. The Customer/User or other persons under its mandate undertake to refrain from copying; counterfeiting or making in any other way unauthorized use of the software of the Bank, as well as to make use of the WinBank service for any illegitimate act. The Customer/User is obliged to refrain from any interference or attempt to interfere through the WinBank service and the web site of the Bank to any Passwords or data belonging to the Bank or to other customers of the Bank or to third parties.
19. The User undertakes to exercise utmost diligence and care in taking all necessary security measures in order to avoid access by unauthorized persons to the Customer's account and more specifically the Customer/User recognises and agrees that he shall be fully liable for any loss caused either to himself, the Bank or any other person as a result of the User's failure to adhere to the safety procedures:
- The User must take all necessary precautions to prevent fraudulent use of the Username, Password, ExtraPIN an, and ExtraPIN Generator and must never disclose the Username, Password and/or ExtraPIN . The User must at all times be aware that under no circumstances whatsoever will an employee of the Bank require him to disclose to him or anyone else his Username, Password and ExtraPIN. The User must at all times take all necessary measures to protect and keep secret his means of access to the WinBank service as well as his Username, Password and/or ExtraPIN and must never write down the Username, Password and ExtraPIN in a way which could be revealed to anyone. The User must keep his ExtraPIN Generator under his control at all times and not allow use of it by anyone else. The User is also responsible not to disclose his ExtraPIN received as an SMS message to anyone by protecting access to his mobile phone.
- The User must be aware of his surroundings when accessing the WinBank service and must ensure that he is not being watched by someone or filmed on close circuit television.
- The User must never leave his computer unattended while logged in or attempting to log in the WinBank service.
- The User must ensure that he is accessing the WinBank service by checking its Secure Socket Layer (SSL) certificate issued by a reputable company.
- The User must ensure that no monitoring programs run on his computer since in such case his Username, Password and/or ExtraPIN may be seen or recorded.
- The User must install an up-to-date antivirus system and check his computer for viruses on a regular basis. The User must not open e-mails from unknown senders and must delete them without reading their contents in order to avoid the risk of receiving a virus.
The internet site address for
. The User must never act on the basis of any e-mail, letter or other communication allegedly sent or expressed by the Bank which instructs or encourages him to visit any other site representing that it is another or the new site of the WinBank
20. The User must immediately inform the Bank as provided in paragraph 23 below in the event that he detects or realises:
- The loss or theft of his UserID, Password and/or ExtraPIN or the fact that his access or means of access to the WinBank service or UserID, Password and/or ExtraPIN or designated Mobile Phone may be subject to or exposed to abuse or misuse.
- The debiting of any of his accounts with the amount of any Transaction effected outside of his will.
Any error or malfunction in the keeping of any of his accounts by the Bank.
21. Subject to paragraph 22 in the event of theft or loss of the Username, Password and/or ExtraPIN and/or of the ExtraPIN Generator or where access to the WinBank service or the Username, Password and/or ExtraPIN and/or ExtraPIN Generator are subject to or are exposed to abuse, the Customer/User shall be liable to indemnify the Bank for the loss of the first EUR170 which may be caused by the unauthorised access to the WinBank service or the unauthorised use of the Username, Password and/or ExtraPIN and/or ExtraPIN Generator provided that the User has not notified the Bank of such theft or loss of the Username, Password and/or ExtraPIN and/or ExtraPIN Generator or of the fact that the Username, Password and/or ExtraPIN and/or ExtraPIN Generator or access to the WinBank service are subject to or exposed to abuse, before the loss of funds took place. Notice may be given in the mode provided in paragraph 23 hereunder.
22. It is understood that the limit of EUR170 stated in paragraph 21 above relating to the liability of the Customer, shall not apply where the User has not, due to his gross negligence, adhered to any one of the terms and conditions contained herein or has acted in a fraudulent manner. In such case the Bank shall bear no responsibility or liability for losses incurred by the Customer/User and the Customer/User shall be liable for all and each and every one of the Transactions carried out in any of his accounts.
23. The Customer shall be fully responsible for any Transactions made through the WinBank service (as well as for any Instructions given through the WinBank service) by the User or any other person authorised by the Customer. If for any reason whatsoever it appears to the Bank that any unauthorised person has used or attempted to use the WinBank service, in order to interfere or attempt to interfere in any way with the account(s) of any Customer or to give any type of Instructions to the Bank, the Bank may disclose any relevant information to the police or such governmental or other authorities as it considers appropriate without first notifying the Customer. Notwithstanding the above mentioned, if a User knows or suspects that any third person knows or may know the Username, Password and/or generate the ExtraPIN or that any unauthorised Transactions have been carried out in connection with the Customer's account(s) the User must immediately cancel his Username, Password by requesting a new PIN mailer and by requesting a new ExtraPIN Generator and/or designating a new Mobile Phone number to generate the ExtraPIN and by promptly informing the Bank on telephone number 800 11 800 or if calling from outside Cyprus on telephone number +357 22 575555 or by appearing in person at 1 Spyrou Kyprianou Avenue, 1065 Nicosia, Cyprus (or such other address as may be notified to the Customer and/or the Authorised User by the Bank from time to time in any manner the Bank shall deem proper). Telephone conversations may be recorded and be kept for any length of time as the Bank may decide from time to time. If the User notifies the Bank as above then his Username, Password and ExtraPIN Generator will no longer grant access to the Customer's account(s) via WinBank service and such notice will be effective from the moment it is received by the Bank and if given orally it must be confirmed to the Bank in writing within 7 days from the date of the oral notification.The evidence contained in such recordings and any transcripts of information on such recordings shall constitute conclusive evidence in any dispute.
24. If the Customer/User wishes to continue to have access and to use the WinBank service must request the Bank, within 15 days from the day he delivers the notice pursuant to this clause, a new Username and Password. In case the User does not apply to the Bank for a new Username and Password within the said 15 days, the agreement for subscription to the WinBank service shall be terminated automatically, without any notice to the User. In case the User applies to the Bank for a new Username and Password, the Bank shall have the right, upon its absolute discretion, to decline to provide the User with a new Username and Password and to give notice to the User for the termination of the agreement for subscription to the WinBank service immediately.
25. The Bank shall use all reasonable efforts to execute the orders received from the User within the following time frame:
- Orders received on any working day shall be processed on the same day or on the following working day the latest depending on the time the relative orders were given to the Bank and on the nature of the orders. The date on which the orders are processed shall be referred to as "the execution date".
- In case the execution date is a Bank holiday or the Bank is closed on that day, the transaction will be executed on the following working day
All transfers in foreign currency are subject to the exchange control regulations of the Central Bank of Cyprus and any other applicable law.
The Bank reserves the right to delay the execution of / not to execute any orders for transfers of funds if such orders exceed the internal security limits set by the Bank, which are designed to protect the security interests of the User and the Bank and in such an event the User shall be notified through the WinBank service of the fact that his orders have not been executed.
All debits which will have to be effected to any account of the Customer/User shall be effected on the date on which the instructions of the User shall be executed.
26. In case of orders for fund transfers in foreign currency, the exchange rate that will be used for the transaction, will be the prevailing exchange rate on the execution date, as made available by the Bank via the WinBank service.
27. The Bank is not obliged to notify the Customer or the User for the non-payment of any obligations for payment of the Customer or for a future payment due to lack of funds in the Customer's account or for any other reason except as provided by Law or the present terms and conditions.
28. The Bank does not undertake to effect after the due date, any payment which has not been effected on the due date, owing to lack of funds in the Customer's account, or for any other reason except as provided by Law or the present terms and conditions.
29. The Bank is entitled to cancel a standing order with or without notice if on three successive cases it cannot effect payment due to lack of funds in the Customer's account.
30. Except as provided by Law, the Bank shall not under any circumstances bear any liability for any delay for whatever reason in the processing or execution of any order given by the User as above or otherwise.
TERMS FOR TRANSACTIONS
31. Before the User forwards to the Bank any Order and/or Instructions for the execution of a Transaction it shall be confirmed that such Mandate and/or request is correct, accurate and completed.
(A) Orders and/or Transactions Online and Offline
1. Orders/Instructions forwarded through the WinBank service and Transactions carried out through WinBank service are divided into Online and Offline. Orders/Instructions and Transactions Online are executed as soon as they are received by the Bank, they are binding to the User and they cannot in any case be revoked and/or cancelled by the User. Orders/Instructions and Transactions Offline are carried out in accordance to the provisions of term 31(B) below and in any case within 2 working Bank days, from the time they were received by the Bank if these are immediately applicable, or until the next working day from the day of the desirable execution if these have been requested with a future date for execution exceeding two working days and they may be modified and/or cancelled and/or revoked by the User with a written notice to the Bank at any time provided that they have not been executed by the Bank.
2. The User may be informed about which Orders/Instructions and Transactions are considered Online and which Offline by studying the operation instructions of the WinBank service. If in doubt the User is advised to ask for clarifications from the Bank before he proceeds to forwarding an Orders/Instructions or executing the Transaction through the WinBank service.
3. The User may, through the WinBank service, establish whether, or confirm that, an Order/Instruction or Transaction has been executed through WinBank service, by having access to the electronic record for entering transactions.
4. The User is obliged, within 2 days from the day an Order and/or Instruction for the execution of a Transaction has been forwarded or until the next working day from the day of the desirable execution if these have been requested with a future date for execution exceeding two working days, to check, through WinBank service, that the Orders/Instructions and/or Transaction have been correctly executed and/or entered, and in case of an error or discrepancy to give to the Bank a notice immediately specifying the reasons for which in his opinion it has not been executed correctly.
(B) Period for the execution of Orders/Instructions and/or Offline Transaction
1. It is the liability of the Bank to take reasonable measures for the execution of Orders/Instructions and/or Transactions as soon as possible and in any case within two working Bank days from their receipt.
2. With regards to Orders/Instructions relating to foreign exchange and traveller cheques the Bank shall execute same according to the Bank's policy being in force from time to time which is available at the Bank's official website and at the Bank's branch network.
(C) Maximum Amounts
The User may carry out Transactions or forward Orders/Instructions through WinBank according to the maximum amounts specified from time to time by the Bank. The Maximum amounts applying at the time of the signing of these Terms and Conditions are the following:
- EURO 50.000 for individuals
- EURO 500.000 for companies
32. In case two or more persons maintain a joint account with the Bank, irrespective of that the Bank is entitled to receive orders from any one of the these persons, in accordance with the mandate opening/operating the joint account, such account may be linked to the WinBank service by written application by all these persons, stating the Users.
33. Any of the holders of the Joint Account will be entitled to revoke their consent for the linking of the Joint Account with WinBank service with a written notice to the Bank. In the case of receiving such a notice the Bank shall terminate the link of the Joint Account with WinBank and shall prohibit access of the User to the Joint Account through the WinBank.
34. In case the Bank has gained information that some dispute has arisen between the holders of the Joint Account, the Bank may, at its discretion, cancel and/or terminate the link of the Joint Account with WinBank service, to prohibit access of the User to the Joint Account through WinBank and to decline to execute any Transaction and/or Order/Instruction in relation to the Joint Account, without notice to the User. The Bank shall not be liable towards any of the holders of the Joint Account if it continues to permit the execution and/or to execute Transactions and/or Orders of the User until receiving a notice in writing from any of the holders of the Joint Account subject to term 33 informing the Bank of the dispute which has arisen and revoking the consent given for the connection of the Joint Account with WinBank service.
The Customer shall pay any charges and/or fees imposed from time to time by the Bank for the services provided through the WinBank service provided the Bank has given prior notice thereof to the Customer/User by any means it deems appropriate. The Customer/User hereby authorises the Bank to debit with such charges any account in the name of the Customer maintained with the Bank.
The Bank may, from time to time, charge fees, charges, commissions and administration or other expenses related to any of the accounts maintained by the Customer with the Bank or to the execution of any instructions received from the User by the Bank. A table marked "Table of Charges and Interests' which is available through www.astrobank.com contains information relating to such fees, charges, commissions and administration or other expenses as they presently stand, as well as information relating to the prevailing debit interest rates in respect of different types of accounts maintained with the Bank The Bank may modify from time to time such fees, charges, commissions and administration or other expenses and shall give notice of such change to the Customer/User via the modification of the "Table of Charges and Interests" that is available through the above stated site.
The Bank may also modify from time to time the debit interest rate relating to any account maintained with it. Notice of such modification shall also be given/made available via the "Table of Charges and Interests" table which shall be accessible through the above stated site.
Access to WinBank service permits the Customer/User to receive information in relation to statements and/or balance of an Account at any time. The Customer/User recognizes that the statement and/or the balance of the Account as presented by WinBank service at any time may not be up to date because of the existence of Transactions and/or Orders/instructions which until that given time have not been executed and/or have not been entered in the Account and thus the Bank is not bound in any way with such statement and/or balance.
39. Furthermore and without prejudice as to the generality of term 38 any balance in a Loan Account presented by WinBank service may not be the accurate or total amount actually owed by the User/Customer to the Bank in accordance to the said loan.
40. Without prejudice as to the above, the Bank pursues the entry of executed Transactions and Orders/Instructions (debit or credit) in the Account at the date by which such Transactions and Orders/Instructions are actually executed by the Bank, in other words upon receiving the relevant Order/Instruction or Transaction if this is Online or within 2 working days from receiving the relevant Order or Transaction if this is Offline.
41. The User has the right within 10 days from the entry of any Transaction in his account to contest it, submitting for this reason a written notice to the Bank. The Bank will give a written reply to the User as to whether it accepts the contestation or not.
42. The Bank shall not be liable for any damage and/or loss which may be incurred by the User in case any balance or entering in the Account is not absolutely accurate or completely up to date and the User or any person is based on that despite a warning from the Bank for a possible inaccuracy.
MODIFICATION OF THESE TERMS
The Bank has the right at its absolute discretion and whenever it is considered proper to amend and/or add and/or cancel and/or substitute these terms or any of them after having given, either in writing or electronically, a notice to the User at least 30 days prior to the date at which such amendment will enter into force. Such a notice shall be considered as given if it is delivered to the User personally or if it is sent through normal post at the last known address of the User or if it is sent with e-mail to the last known e-mail address of the User or if the amended terms are published in a daily newspaper or the Bank Web Site or WinBank service.
In case the Bank notifies the User that any amendment and/or addition and/or substitution and/or cancellation of these terms and/or any one of them, including fees and/or rights and/or charges that the Bank is entitled to charge in accordance to terms 36 and 37 above, is about to enter into force, the Subscriber shall have the right to withdraw from the subscription agreement for the WinBank service and to stop using WinBank service. The User shall exercise his right for withdrawing by delivering a notice to the Bank, either in writing, electronically, that he wishes to stop using WinBank service and which notice must be received by the Bank before the date at which the amendment and/or addition and/or cancellation and/or substitution will enter into force.
45. Use of WinBank service after the amendment enters into force and the User not having withdrawn in any way shall create a conclusive evidence that the User accepts the terms as these may be amended and will be bound by them.
DEATH OR INABILITY OF THE USER
46. In case of death or inability of the User which has not been notified to the Bank, the Bank shall continue to provide access to the WinBank service, to permit the execution of Transactions and to execute Orders/Instructions while the User's Username and the Password is being used, and shall not be liable for any possible damage sustained by the User and/or his interests and/or his successors and/or heirs, from Orders/Instructions and/or Transactions which shall be executed before the Bank is informed of such death or inability of the User.
47. The User undertakes to apply and comply with these terms and he shall be liable to indemnify the Bank in case the latter sustains any loss and/or damage and/or costs due to any act or omission of the User and/or Customer and/or Authorized User and/or in case of any breach of and/or non compliance with these Terms and/or due to any negligence or fraud on behalf of the User and/or the Customer and/or Authorized User.
48. The Bank shall not be liable for loss or damage which may be possibly sustained by the User due to non-execution or wrong execution or delayed execution of a Transaction or Order/Instruction because of electronic, mechanical, communicational damage or similar damage, insufficient or wrong information, misinformation, strikes, wars or any other causes beyond the control of the Bank. Such non-execution or wrong execution or delay does not constitute breach of these Terms by the Bank.
49. The Bank shall incur no responsibility for any loss or damage suffered by the User, during the execution of a Transaction or Order, due to the confiscation / seizure of any amount of money by any person and/or body and/or authority due to International Sanctions / Embargoes/ Directives / Regulations / Decisions against persons and / or countries.
50. The Bank does not guarantee the accuracy or correctness of the information secured through the WinBank service (including without prejudice as to the generality of the aforesaid, information regarding the balance or statements of Accounts) and shall not be liable whatsoever in case this information is for any reason inaccurate and/or insufficient and the Customer and/or the User or any other person sustains loss and/or damage based on such information.
SETTLEMENT OF COMPLAINTS
51. In case the Customer/User has any complaint or problem in relation to the use of the WinBank service and the execution of Transactions and/or Orders/Instructions through the WinBank service, may contact the Bank, either by phone or post, or e-mail at the telephone numbers, or postal or e-mail address shown below:
AstroBank Limited, Complaints Officer
P.O.Box 25700, 1393 Nicosia, Cyprus
Tel: 800 11 800
52. The Bank shall investigate the User's complaint or problem and shall notify the User on its position and/or conclusions and/or recommendations for regulating his complaint and settling the problem or dispute between the Bank and the User as soon as possible.
53. In case the Subscriber is not satisfied with the position and/or conclusions and/or recommendations of the Bank for resolving the complaint or settling the problem or dispute between the Bank and the User, the User has the right to apply to the Central Bank of Cyprus in writing stating all data and details in relation to the complaint and/or problem and/or dispute with the Bank.
54. In case the User is not satisfied with the findings and/or decision of the Central Bank of Cyprus, the User has the right to appeal to court or take any other legal measures for settlement or regulation of his complaint or dispute with the Bank.
55. The Bank shall be entitled to terminate the agreement for subscription to the WinBank service and to prohibit access to the WinBank service, after having given a 15 day notice in writing to the User.
56. Without prejudice as to the above, the Bank has the right upon its absolute discretion to terminate the agreement for subscription to the WinBank service and permission of access to the WinBank service without prior notice, in case the User or Authorized User has violated any of these terms or in case the Bank has reasonable grounds to believe that the User and/or Authorized User has committed deceit or has acted with fraud or that the Password has been stolen or has become known to a third person or any other reason it is expedient to terminate immediately the agreement for subscription to WinBank service
57. The User may terminate the agreement for subscription to the WinBank service by sending to the Bank a 15 day notice in writing by regular post at the address P.O.B. 25700, 1393 Nicosia.
58. It is understood that a possible termination of the Account and/or any credit facilities or loans granted to the User shall entail the automatic termination of the subscription to the WinBank service without a prior notice to the User.
59. This agreement is freely assignable or transferable by the Bank. The Customer may not assign any of his rights and may not transfer any of his obligations under this agreement or enter into any transaction which would result in any of those rights or obligations passing to another person.
60. Failure or delay of the Bank in exercising its legal or contractual rights may never be interpreted as a waiver thereof.
61. Nullification of any of the present terms does not affect the validity of the remaining terms of the present agreement, and any annulled shall be treated as if it was not initially included in the agreement, unless the annulled term is considered exceptionally essential to the agreement to the extent that it renders the whole agreement null and void.
62. In these terms and conditions unless the context otherwise requires, words denoting the singular number shall include and/or be interpreted in the plural and vice versa (and references to persons include bodies incorporated or unincorporated). Also the masculine gender includes the feminine the neutral and vice versa.
63. The terms and conditions of the present agreement regulate and/or determine the corresponding responsibilities and obligations of the Bank and the Customer in relation to the latter's Transactions with the Bank through the WinBank service and are additional to the existing terms and conditions regarding the operation of any account maintained by the Customer. In case of discrepancy, the terms and conditions of this agreement shall prevail in connection with the Transactions of the WinBank service. Save to the extent that the existing terms and conditions, regarding the operation of any account maintained by the Customer, provide otherwise, all the existing terms and conditions regarding the operation of any account shall remain in full force and effect. Specifically, and without prejudice to the generality of the aforementioned:
The Customer and/or the User shall be bound to maintain the account within the limits of any credit facility that may have been granted to the Customer by the Bank. The Bank shall have the absolute right to refuse to perform any transaction the result of which would be that the account would exceed the limits of any credit facility granted to the Customer by the Bank. In case, for any reason, the account should exhibit a balance beyond the approved limit that may have been granted to the Customer, the Customer shall bear responsibility to restore the balance to its limits immediately, whether the Bank requests so or not.
It is a condition for the use of the WinBank service has sufficient available funds in his account.
The User may not use the WinBank service to withdraw money from any account requiring notification period of more than one month. Any order involving withdrawal from a notice account having a notification period of one month or less, will result in the immediate transfer of funds and deduction of the interest earned during the period of the notice of the funds to be transferred.
It is hereby agreed that the Russian version of this Agreement constitutes a true translation of the English version. However in case of inconsistency between the English and Russian version of this Agreement the English version will prevail.
64. The present Agreement and annexes attached hereto supersedes any previous agreement that has been concluded in the past.
65. The present agreement shall be governed by, and construed in accordance with the Laws of the Republic of Cyprus, and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Cyprus, but this shall not affect the Bank's right to sue the Customer in any other Court of any other country.
"INSTANT CASH" SERVICE
66. The "Instant Cash" service offers Customers, the possibility to withdraw cash from their Account through the Bank's network of ATMs in Cyprus and/or Greece, without using a debit or credit card, as well as the possibility to dispatch cash to third parties, as described under paragraph 5.
In order to make use of the "Instant Cash" service, the Customer shall convey a relevant request to the Bank (withdrawal order), either on the internet through WinBank Web Banking Channel or through the Call Center through WinBank Phone Banking Channel or through mobile device through WinBank Mobile Banking channel.
As soon as the above request is processed and approved by the Bank, the Customer is provided with a unique Cash Delivery Code, which will allow him/her, by simply making use of it at the Bank's ATM network in Cyprus and/or Greece, the possibility to make a withdrawal from his/her account of a specified amount of money within the approved daily withdrawal limit, which, as the Customer chooses, shall range from one (1) to twenty-four (24) hours from the moment of issue of the Cash Delivery Code. The Bank's daily and/or monthly limits being in force from time to time with relation to the present service shall be displayed on the Bank's official site www.astrobank.com. The Bank reserves the right to amend the abovementioned limits at its absolute discretion and at any time and any such amendments shall be viewed at the above website of the Bank.
The Cash Delivery Code provided to the Customer is unique, strictly personal and confidential; furthermore, it is an element allowing the Customer to identify himself /herself, as well as an element through which he /she can be recognised by the Network of ATMs he /she shall be making use of to withdraw cash from his /her Account; therefore, it is the Customer's obligation, for his /her own security, to act with due diligence, taking the necessary security measures to prevent the illegal use of the Cash Delivery Code by third parties, keeping the code secret and not disclosing it to third parties except for the stipulations in § 5 below, and generally to take all the necessary precautions so that the Cash Delivery Code is not revealed in any way to third parties.
In case the Cash Delivery Code is revealed in any way to third parties the Customer has an obligation to notify the Bank immediately. The Bank, provided that the Cash Delivery Code will not have been used up to the moment of the notification, undertakes the obligation to cancel the Cash Delivery Code immediately, thus rendering it unusable, and it is only from the moment of cancellation that the Bank is deemed liable for any transactions. The Customer is exclusively liable and runs the risk of any damage to himself /herself or to the Bank due to the leaking of the Cash Delivery Code to third parties and to the unlawful use of the Cash Delivery Code made by such persons.
The Customer may make use of the "Instant Cash" service in order to dispatch cash to third parties in the form of notifying such parties of the Cash Delivery Code. For the purposes of the transactions carried out in the framework of the "Instant Cash" service, any third party -other than the Customer- proceeding to use the Cash Delivery Code shall be a proof, without other formalities and without the Bank being under any responsibility to check, to be acting legitimately, as legal recipient of the amount of money transferred on behalf of the Customer. The Bank shall not be responsible in any way in case the Customer or any third party - recipient of the sum transferred challenges the transaction, and especially so if the Customer challenges the recipient of the sum transferred.
The Bank may in some cases deny to execute a transaction of a Customer by use of the "Instant Cash" service. This denial to execute such a transaction shall be justified (e.g. insufficient balance in the Customer's Account, freezing of Account by virtue of a court decision and/or court order or of an order of any other authority, personal information which has been established to be inaccurate and erroneous, etc.). Moreover, the Bank is not liable if the sum of money requested by the Customer to be transferred is not available in the ATM used for such purpose by the recipient of such money.
Any cash withdrawals by using the "Instant Cash" Service shall be described accordingly in the statements issued by the Bank. The Customer hereby accepts the monthly statements as proof of the transactions carried out via the "Instant Cash" Service.
The printout of a transaction's details is only indicative and not descriptive of the date and time the transaction was carried out, and of what the details of this transaction were; this printout, in addition, is only provided in order to keep the Customer informed. To reference and/or verify a transaction, the Customer shall check the Bank's statement, as mentioned in paragraph 7 above.
The Bank may from time to time charge fees and/or charges and/or commissions and/or any other expenses for the provision of the "Instant Cash" Service. Such charges and/or commissions and/or fees (if any) shall be included in the Bank's "Table of Charges and Interests" which is available at the Bank's official website www.astrobank.com as well as throughout the Bank's network of branches. The Customer shall be notified in case of such charges and/or fees and/or any other expenses being imposed and/or for any verifications thereof via the Bank's website and/or in writing and/or by any other means the Bank may deem appropriate.
The Bank has the right, at its absolute discretion, to amend any of the terms of the "Instant Cash" Service (including any banking charges) in the manner described in clause 43 of these present terms and conditions.
«WINBANK PHONE BANKING» CHANNEL
67. The Bank provides access to the financial services available to its Customers via phone. The provision of services via the phone will be offered via a specially authorized officer of the Bank for this purpose who shall execute the instructions of each and every User of the WinBank Phone Banking Channel via the WinBank Web Banking Channel. WinBank Phone Banking Channel provides the Customers with the opportunity to receive information regarding their relationship with the Bank, to send instructions, and applications in relation to any of the Bank's products or services as well as to execute any banking and/or monetary transactions from a distance twenty four hours a day, seven days a week. Access to WinBank Phone Banking Channel is gained initially by using User's Mobile number as Username and the PIN code of User's debit card as Password.
The Customer shall take any appropriate action while using WinBank Phone Banking Channel in order to prevent any unauthorized or illegal or fraudulent use of the system and of its personal access codes that the Customer may use, from any non authorised third parties. All information communicated to the Bank through WinBank Phone Banking Channel will be treated as confidential and the Bank will use it only to the extent considered necessary and within the framework of the services provided. It is agreed and understood that any order given to the Bank via these services will be considered as legally binding and shall have the same legal effect as if such orders were received by the Bank in writing signed by the Customer.
The use of WinBank Phone Banking Channel is offered free of any charge. However it is understood and agreed that specific banking products/services that may be requested may bear charges according to the Bank's "Table of Charges and Interests" tariff guide being in force from time to time.