ICBC E-banking Personal Customer
Service Agreement
With a view to articulate the rights and responsibilities of both parties and to regulate both parties' business activities, Party A (Customer) and Party B (Industrial and Commercial Bank of China Limited) reached the Agreement herein regarding E-Banking services and relevant issues on the basis of equality and mutual benefit.
Article I Definitions
The following terms in the Agreement herein mean:
"E-Banking" refers to the virtual bank providing self-service banking for customers by means of Internet and electronic terminals. Through benefit of Telephone Banking, Internet Banking, and Mobile Banking, ICBC E-Banking provides capital services including enquiry, transfer, financing and payment services.
"Password" is a group of numbers or characters either set by customer or dynamic to identify a customer. Characters of a dynamic password are printed in a matrix on the E-banking Code Card. When using E-banking services, cardholder follows the coordinates specified by the system to enter the matching character strings as password. System will then check the accuracy of password characters. Each time, coordinates are designated by system in random so that password that customer uses is dynamically changed and unpredictable.
"Customer Certificate" refers to E-files storing customer ID and attaching digital signatures to E-Banking information sent by customers. Storage medium for ICBC customer certificate is "USB-Shield"
"E-Banking Instruction" refers to commands of enquiry and transfer that are sent to ICBC through Internet by the customer and are tracked according to the registered card number (customer number, registered mobile phone number), passbook A/C number, or Customer Certificate as well as relevant passwords.
Article II Party A's Rights and Responsibilities
I. Rights
(I) After applies and registers Party B's E-Banking on a voluntary basis and obtains approval of Party B, Party A is entitled service items corresponding to its registered choices.
(II) During the service period, Party A has the right to cancel its E-Banking services.
(III) In case Party A has questions, advices, or complaints about Party B's E-Banking services, Party A may make enquiry or complaints by dialing "95588" or logon Party B's website or visit any of Party B's business offices.
II. Responsibilities
(I) Party A shall, during its usage of E-Banking, comply with ICBC E-Banking Regulation and transaction rules published on Party B's website.
(II) When Party A registers, cancels, or revises its information on E-Banking at Party B's business offices, it shall supply relevant materials, fill in relevant application forms, and sign them for confirmation. The service application form presented by Party A to Party B is an integral part of the Agreement herein. Party A shall take due care to ensure the truthfulness, accuracy, and thoroughness of information provided in the application form and other relevant materials. Party A is liable for losses due to untrue or incomplete information it supplies.
(III) For E-Banking trading, Party A shall logon directly to Party B's website (address: ) rather than logon through emails or through links provided by other websites; for Telephone Banking in Mainland China, Part A shall directly dial Party B's service number "95588" rather than other phone numbers.
(IV) Party A must properly store its own registered card number (account number, login ID or registered mobile phone number), E-banking Code Card, USB-Shield and related passwords, and is accountable for financial transactions using above information. After Party B executes the electronic instructions through security programs, Party A shall not change or withdraw the instructions.
(V) Party A shall set and store passwords on confidential basis: avoid the usage of name, birthday, phone number, and other information apparently related to himself/herself as passwords and shall not disclose its passwords to any third parties unless otherwise required by law; after the completion of Mobile Banking transaction, Party A shall delete the passwords from his/her mobile phone; Party A shall employ other reasonable measures to prevent password theft. Party A assumes the consequences due to password leakage.
Party A shall properly store its reserved verification information. Party A shall not supply the reserved verification information to any third parties, other websites, enquiries through phones or SMS unless using it during banking activities with Party B.
Party A should exercise due care on the collected E-Banking Code Card. Do not disclose the character strings on the card to anyone. Otherwise Party A is liable for all consequences arising from the disclosure. Cover film of the card that covers the password character zone will all be eventually scratched. Scratched characters are easily marked down by others. Security of dynamic password will be affected. Hence, Party A should adopt necessary measure to protect the password characters already scratched. Extra care should be taken to stop exposure of the characters when over half of the cover films on the card are scratched. For better security, Party A is recommended to apply for a new one at Party B's business office when all the cover films on the card are scratched.
(VI) In the event of the following situations, Party A should complete necessary procedures at Party B's business offices or otherwise, Party A may be stopped from using Party B's E-banking services or money in Party A's account is at risk. Party A shall be liable for any consequences before completing all such procedures.
1. Party A should reset the password if the password is disclosed or forgotten.
2. Part A should change a new one on the spot if the cover film or the pattern on the film of the collected E-banking Code Card is found incomplete or damaged, or the serial number of the card is not identical with what is printed on the application form.
3. Party A should apply a new one when the E-banking Code Card has been used up to the number of times set, or lost, damaged before being used up.
4. Party A should replace, release or reset password accordingly if the customer certificate is damaged, locked-up, lost or password is forgotten within validity period.
(VII) During Party A's usage of E-Banking, in case it needs to revise its submitted information, Party A shall complete the relevant filings. Party A is liable for all consequences occurring before the completion of above filings.
(VIII) Party A shall report loss of account and bank card through Party B's E-banking. Report loss of Peony International Card takes immediate effect. Report loss of Peony Money Link Card, Peony Money Link Card ? e-age, Elite Club Account and Savings Deposit Account valid for 5 days and will be released automatically upon expiry. Party A should make written report of loss at Party B's business offices within validity period and is liable for all consequences of non-performance of such obligation. Refer ICBC regulations to report loss of Peony Quasi Credit Card and Peony Credit Card within validity period, as well as the liability to be undertaken in case of financial loss.
(IX) Party A shall retain adequate balance in its E-payment accounts and shall strictly comply with the relevant laws and regulations covering payment and settlement activities.
(X) Party A shall not refuse payment to Party B on ground of third-party dispute.
(XI) Party A shall not intentionally decry or damage Party B's reputation or attack Party B's E-Banking system with malice.
(XII) Upon Party A's usage of E-Banking, in case the employed service function relates to Party B's other service regulations or rules, Party A shall comply with them at the same time.
(XIII) In case Party A may stop using E-Banking for a long period of time, Party A shall initiate the cancellation procedures.
(XIV) If Party A does not have the full civil capacity, Party A’s guardian should keep party A’s Registered card number (account number, login ID or registered mobile phone number), E-banking Code Card, USB-Shield and related passwords properly, and be fully responsible for the financial transaction with the above information.
Article III Party B's Rights and Responsibilities
I. Rights
(I) Party B has the right to determine the acceptance of Party A's registration application in accordance with Party A's credit standing.
(II) Party B has the right to set E-Banking charging standards and publish them on its website and at its business offices.
(III) Party B has the right to upgrade and modify the E-Banking system.
(IV) Under circumstances where Party A fails to pay relevant fees timely or fails to comply with relevant business regulations, or operates the system with malice, or decries or damages Party B's reputation, Party B has the right to unilaterally terminate E-Banking service against Party A and reserves the right to accuse Party A. In case Party A commits activities in violation of the State laws and regulations through channel of Party B's E-Banking, Party B will suspend Party A's E-Banking activities as per requirement of relevant public authorities.
(V) Party B performs in accordance with Party A's E-Banking Instructions. All operations requiring Party A's registered account number, customer number, passwords, or Customer Certificate are deemed as Party A's action in person, and the subsequent electronic records generated thereof are all valid basis of E-Banking activities.
(VI) With the following reasons, Party B fails to execute the e-banking code submitted by Party A, Party B is free from any obligation:
1. The code received by Party B has unclear information, messy code, or incomplete, etc.
2. The balance or credit limit for Party A is not enough.
3. Party A’s account is frozen or deducted according to the law.
4. Party A fails to operate corrected in accordance with Party B’s business regulation.
5. The behavior of Party A is deception or for some other illegal purpose.
6. Party B suffers Force majeure, hacker’s attack, system failure, communication failure, network congestion, power supply system failure, computer virus, malicious program attack, or other situation not due to Party B.
(VII) Under the following circumstances, Party B is not accountable for any liabilities when it fails to correctly perform in accordance with E-Banking Instructions submitted by Party A:
1. The instruction received by Party B is not clear, contains garbled characters, or is incomplete;
2. Party A's account has insufficient balance or insufficient credit line;
3. Part A's fund in account has been legally frozen or deducted;
4. Party A fails to correctly operate the transaction as per Party B's relevant regulations;
5. Force majeure or other circumstances beyond Party B's control.
(VIII) In the event that led to the disclosure of the data on E-banking Code Card, Party B reserves the right to void the code card in order to secure the money in Party A's account. Party B should inform the cancellation of the card to Party A in an appropriate manner and change the new card for Party A according to Party A's request..
II. Responsibilities
(I) Under Party B's normal system operation, Party B is responsible for timely and accurate execution of E-Banking Instructions sent by Party A and timely provision of services including enquiry of transaction records, account balance, account status and other services.
(II) Party B is responsible for the legitimacy as to relevant software employed in E-Banking.
(III) Party B is obliged to timely complete Party A's E-Banking registration procedures and open relevant E-Banking services in accordance with Party A's registered service items.
(IV) Party B is responsible for furnishing E-Banking Consultation to Party A and publish information of business introduction, answers to frequently asked questions, and transaction rules on Party B's website.
(V) Party B shall utilize Party A's material and transaction records within legitimate limit of laws, regulations, and Party A's authorization. Party B is responsible for the confidentiality of application materials submitted by Party A unless otherwise stipulated by laws and regulations.
(VI) In case the execution for payment instructions is delayed due to Party B's fault, Party B shall compensate Party A in accordance with relevant stipulations set forth in Payment and Settlement Measures.
Article IV Applicable Laws
The P. R. C. laws are applicable to the formation, legal effect, execution, and interpretation of the Agreement herein; the issues not covered in written laws can be handled as per common financial practice.
The agreement is supplementary to and does not replace Party B's other existing agreements and stipulations. In case there are conflicts between the Agreement herein and other existing agreements and stipulations, the Agreement herein dominates in conflicts regarding E-Banking.
Article V Dispute and Resolution for Errors
In case Party A finds itself conduct business irrespective of regulations, or cause non-execution, improper execution, or delayed execution of E-Banking Instructions due to its own reasons, it shall timely inform Party B of the errors through service hotline "95588" or at Party B's business offices. Party B shall launch active investigation and inform Party A the outcome thereof.
In case there is any dispute between the two parties during the execution of the Agreement, both parties shall seek resolution through negotiation. Upon failure of negotiation, any one of the both parties can bring lawsuit to the People's Court where Party B locates.
Article VI Suspension and Termination
The E-Banking service provided by Party B is bounded by the Party A's registered card (account) status. The relevant services are automatically suspended in the event the card (account) is stopped due to report loss, payment suspension, and account closing. Party B will re-activate the relevant services upon Party A's registered account is reinstated back to normal status.
The Agreement herein is terminated after Party A completes the E-Banking cancellation procedures.
Party B has the right to suspend or terminate the Agreement in the event Party A violates the stipulations of the Agreement or Party B's other banking stipulations. The termination of the Agreement does not imply the recession of unexecuted transaction orders that were placed before termination, nor it eliminates any legal consequences arising from transactions before the termination.
Article VII Validity and Legal Effect
The nullification of any terms of the Agreement herein due to any reasons does not impact the validity of other terms of the Agreement. The Agreement herein comes into force upon completion of Party A's registration by Party B in its E-Banking system.
In case Party A changes the registered Peony Card after its registration for E-Banking, the E-Banking service items Party A originally registered for are automatically transferred to the new card and the Agreement herein remains in force.
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