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This agreement is drafted and executed in chinese. It is translated into english for reference only. In case there are any discrepancies between the Chinese version and the English Version, the Chinese Version shall prevail. ICBC reserves the right of final interpretation. Click here to read Chinese Version agreement.
Party A:
___________________________________
Party B: Industrial and
Commercial Bank of China Limited (ICBC)
With a view to articulate the rights and
responsibilities of both parties and to regulate both parties'
business activities, Party A and Party B 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, payment and settlement, and
financing.
"Customer Certificate" refers to E-files storing
customer ID and attaching digital signatures to E-Banking
information sent by customers. Customer Certificates are classified
by the Issuer: ICBC Certificate Or CFCA Certificates(China Financial
Certification Authority)
"Corporation" refers to enterprises and other
entities that opened an account at ICBC.
"Affiliate" refers to entities that have business
relationship with or are administratively subordinate of Party A and
that have opened an account at ICBC. They include branch offices,
subsidiaries, business partners, and administrative subordinates.
"E-Banking Instruction" refers to commands of
enquiry, transfer and others that are sent to ICBC through Internet
by the customer and are tracked according to the customer number
(card number) or Customer Certificate as well as relevant
passwords.
"E-Banking Customer Authorization Letter" is the
written evidence that is provided by Party A's affiliates when it
authorizes Party B to disclose account information to Party A or at
the same time authorizes Party B to transfer fund from its accounts
as per Party A's E-Banking Instructions.
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) Party A has the right to enquire or transfer
fund from accounts at its affiliates with whom the "E-Banking
Customer Authorization Letter" was signed. The enquiries and
transfers are executed through E-Banking channels according to the
power of rights authorized to the affiliate.
(III) During the service period, Party A has the
right to cancel its E-Banking services.
(IV) Party A holding Customer Certificate or Card
Reader is not necessary to return both upon termination of the
Agreement or before the expiration of the Service.
(V) In case Party A's service requests is denied by
Party B's E-Banking system due to Internet or communication failure,
Party A or its affiliates can proceed the corresponding banking
activities at Party B's business offices.
(VI) 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) Should Party A apply for the Certificate, read
carefully and abide the rules stated in the CFCA Digital Certificate
Service Agreement (see http://www.cfca.com.cn/), Party B only liable for
any wrong doings within the specified range.
(III) Upon Party A picks up the Customer
Certificate, it shall confirm the content and return the Corporate
Customer Certificate Receipt Form before inform the bank for
Customer Certificate activation.
(IV) Party A holding Customer Certificate is liable
for all operations related to the use of customer certificate,
Registration Card No. (Logon ID) and respective password. Party A
must keep the customer certificate, Registration Card No. (Logon ID)
and respective password under the care of dedicated personnel
without any disclosure to any others. Party A shall set privileges
and limit in using the customer certificate on account of its own
internal control requirement. Any mass payments shall applied first
from Party B customer certificate with authorization privilege for
the protection of monies in the account from any risks.
No changes or cancellation of electronic payment
instruction from Party A after Party B's execution through security
procedure.
(V) During the valid period of Customer Certificate,
in case the Customer Certificate is damaged or destroyed, locked or
lost, or in case the Customer lose or forget the password, Party A
holding Customer Certificate shall timely change, unlock, make loss
report, or reset the password at an ICBC business office. Party A is
liable for all consequences occurring before the completion of above
procedures.
(VI) During Party A's usage of E-Banking, in case it
needs to revise its submitted information including change of basic
registration information, affiliates addition (cancellation),
account addition (cancellation), change in affiliates'
account-opening banks, account numbers, account names, etc., Party A
shall complete the relevant filings. Party A is liable for all
consequences occurring before the completion of above filings.
(VII) 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.
(VIII) Party A shall warrant that E-banking
instructions submitted shall be true, complete and accurate. Party A
shall state clearly the purpose of any single payment from Company
Bank Account to Personal Bank Account over RMB 50,000. Party A is
liable for the truth and lawfulness of the payment.
(IX) In case Party A finds error as to Party B's
handling of E-Banking Instructions, it shall timely inform Party B
of the errors.
(X) Party A shall pay fees as per relevant ICBC
E-Banking charging standards upon its usage of Party B's E-Banking
services and permits Party B for direct charge deduction from Party
A's accounts.
(XI) Party A shall not refuse payment to Party B on
ground of third-party dispute.
(XII) Party A shall not intentionally decry or
damage Party B's reputation or attack Party B's E-Banking system
with malice.
(XIII) 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.
(XIV) In case Party A may stop using E-Banking for a
long period of time, Party A shall initiate the cancellation
procedures.
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) In case some Affiliates of Party A are listed in
Party A's application form yet they do not sign "E-Banking Customer
Authorization Letter", Party B is not obliged to provide
unauthorized E-Banking services for Party A.
(VI) Party B performs in accordance with Party A's
E-Banking Instructions. The Party B's execution time recorded in its
E-Banking system is regarded as the time when Party A makes the
relevant trade. Party B shall consider the use of Customer
Certificate held by Party A related to Customer No. (Card No.),
Password or Customer Certificate are operations on its own. All
electronic records shall be treated as valid vouchers for using
E-banking services.
(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) Party B will not return relevant fees paid by
Party A upon Agreement termination or service suspension of service
period.
(IX) In the event of any improper profit gained by
Party A arising from the error or failure in Party B' s E-Banking
System or out of other reasons, Party B reserves the right to deduct
such improper profit from Party A' s account or suspend the
E-Banking services to Party A.
II. Responsibilities (I) Party B
is responsible for the legitimacy as to relevant software employed
in E-Banking.
(II) 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.
(III) 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.
(IV) Party B shall utilize Party A's information and
transaction records within legitimate limit of laws and regulations.
Party B is responsible for the confidentiality of application
materials submitted by Party A unless otherwise stipulated by laws
and regulations.
(V) Party B shall immediately deliver the Customer
Certificate and Password to Party A upon approval on Party A's
application and warrant that the Customer Certificate is in frozen
state before delivery to Party A.
(VI) Under Party B's normal system operation, Party
B shall timely execute E-Banking Instructions sent by Party A. The
services include:
1. Providing 24-hour Internet Enquiry service for
Party A.
2. Immediate executing and real-time booking for
Intra-City Payment instructions within system sent by Party A.
3. Immediate executing and booking within 2 hours
for Inter-City Payment instructions within system on urgent request;
the intra-day execution and next-day booking for instruction on
normal request.
4. Executing as per relevant People's Bank of China
stipulations for Intra-City/Inter-City Payment instruction outside
system sent by Party A.
(VII) Upon receipt of Party A's problem reports and
complaints on E-Banking, Party B shall make timely investigation and
inform Party A of the investigation outcome.
(VIII) In case
the execution for Party A's payment instruction 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 Resolution for Dispute and
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 the execution for Party A's payment
instruction 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 VI Suspension and
Termination The E-Banking service provided by Party B is
bounded by the Party A's registered account status. The relevant
services are automatically suspended in the event the account is
stopped due to loss report, 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 shall enter into force
once Party B delivers the Customer Certificate and password to
Customers applying for Customer Certificate. Customers not applying
for Customer Certificate will have the Agreement herein entered into
force starting from the date of registration of the services by
Party A.
Signed or Stamped by Party A's Legal
Representative (Authorized Agent): |
Signed or Stamped by Party
B: Company Seal:
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