(One) General Provision
1
Profile of the Bank
(I) Name of Bank: Bank of Kaohsiung
(II) Complaint and customer service hotline:0800-812-668
(III) Website:
www.bok.com.tw
(IV) Address: No. 168, Bo’ai 2nd Road, Zuoying District, Kaohsiung City
(V) Fax: 07-5565055
(VI) Email of BOK: service@mail.bok.com.tw
2
Application of This Agreement
This service is provided by this Agreement is the general terms and conditions for personal eBanking/mobile banking services. Unless separate agreements provide otherwise, the aforementioned services will be provided under this Agreement.
The content of separate agreements shall not contradict the content of this Agreement If the content of separate agreements provide better protection of the Contracting Party, comply accordingly.
In the event of query about this Agreement, interpretation shall be made in favor of the consumers.
3
Terms and definitions
(I) “eBanking service”: This refers to the connection between the computer at the end of the Contracting Party and the Bank via the internet that it is not necessary for the Contracting Party to visit the Bank for related banking services over-the-counter.
(II) “Mobile banking service”: This refers to the use of smart phone at the end of the Contracting Party by downloading the mobile banking APP of the Bank and connects with the computer of the Bank through the signals of the telecommunication network that it is not necessary for the Contracting Party to visit the Bank for related banking services over the counter.
(III) “Electronic document”: This refers to the transmission of records sufficient for the expression of intent in the form of texts, voice, picture, image, symbols or other data by the Contracting Party of the Bank through computer or internet connection in electronic mean or other means that cannot be directly identified by people for electronic processing.
(IV) “Digital signature”: this refers to electronic documents compiled as digital data in defined length by mathematical algorithms or other means encrypted with the private gold key of the signatory party to form electronic signature and verified by the public gold key.
(V) “Private gold key”: Digital data in pairing relation and kept by the signatory party for the production of digital signature.
(VI) “Public gold key”: Digital data in pairing relation opened to public for verification of digital signature.
(VII) “Proving document”: Proving data with signature verification in electronic format for confirmation of the identity and priority of the signatory party.
(VIII) One Time Password, or known as “OTP”: dynamic security control mechanisms for one time use only. This dynamic password will be generated every time the Contracting Party uses the banking system for transactions. This one time password is consisted of a set of number in random selection and varies from time to time and may be used for one time only.
4
Web page confirmation
Before using eBanking/mobile banking, the Contracting Party shall confirm the accuracy of the website of eBanking, or the APP for mobile banking, or the download/installation/access method of the website in advance, and may call the customer service hotline for additional information.
The Bank shall inform the Contracting Party of the risk inherent to the application environment of eBanking in a way comprehensible by the public.
The Bank shall maintain the website or APP of the mobile device for assuring accuracy and security from time to time in due diligence, and detect any possible existence of forged web page to avoid possible damage to the rights and privileges of the Contracting Party.
5
Items of service
The Contracting Party agrees with the items of service provided by the Bank in eBanking/mobile banking, which includes, without limitation to, the inquiry, transaction, setup or changes in deposit, loans, credit card and personal wealth management.
The aforementioned items of service shall be based on what the Bank provides in eBanking/mobile banking. Once the Contracting Party has completed all the procedures with the Bank and online connection with the change in the initial password, the Bank shall provide the Contracting Party all the systems and
services for all transactions of the Contracting Party (including the transactions of all deposits, loans, funds, gold passbook, and credit card of the Contracting Party with the Bank at present and in the future). Unless the competent authority or the Bank requires the Contracting Party to make separate applications, it is not necessary for the Contracting Party to make separate applications for using the newly introduced eBanking service of the Bank. If the Contracting Party replies in 7 days upon notice for rejecting the use of the new services, the Bank shall suspend the Contracting Party from using the new items of service.
If the information on the items of service provided by the Bank is presented at the website for eBanking/mobile banking, the Bank shall assure the accuracy of the information and perform the obligations to the Contracting Party at a level higher than the content of the website.
6
Network for connection
The Bank and the Contracting Party agree to send and receive electronic documents via the internet.
The Bank and the Contracting Party shall enter into internet service agreements with respective service providers on the rights and obligations thereof and be responsible for their own share of expenses incurred from using the internet.
7
Receiving and reply of electronic document
On receiving the electronic documents containing electronic signature or at the common consent of the Bank and the Contracting Party for identification, the Bank shall provide the web page containing vital information of the electronic documents in transaction for the Contracting Customer to identify with
confirmation and further action except for inquiry matters, and inform the Contracting Party of the confirmation and processing result in electronic document.
If the Bank or the Contracting Party cannot identify the sender or the content of the electronic document sent to each other, it shall be deemed no transmission right from the beginning. If the Bank can identify the Contracting Party, inform the Contracting Party of the fact that the content of the document is not identifiable at once in electronic document.
8
No execution of electronic documents
If any of the following occurs, the Bank will not execute any electronic document received:
(I) The authenticity or the accuracy of the fact mentioned in the electronic document is highly suspicious with solid evidence.
(II) If the Bank proceeds with the electronic document, it will be a violation of applicable legal rules and orders.
(III) The Bank cannot debit the account of the Contracting Party for obtaining the payable fee for the service due to the problem of the Contracting Party.
(IV) Any of the situations inscribed in Paragraph 2 under Article XXII of this Agreement applies to the Contracting Party.
If the Bank declines to execute the aforementioned electronic document, inform the Contracting Party by electronic document and specify the reasons for declining the execution. Upon notice, the Contracting Party may confirm with the Bank by telephone or any other means as agreed.
9
Limitation of electronic document exchange
Electronic documents will automatically be processed by the computer of the Bank.
Once the Contracting Party has sent an electronic document and confirmed the accuracy of the content under the reconfirmation mechanisms provided by the Bank pursuant to Paragraph 1 under Article VII of this Agreement, the document cannot be withdrawn.
Prearranged transactions before the execution date and within the time limit of the Bank may be withdrawn and modified.
If an electronic document was sent to the Bank via the internet but beyond the regular banking hours of the Bank in automatic computer processing stage (Monday through Friday, 09:00-15:30, by 15:00 for mutual fund trade, except for the days the Bank is closed for business as required), the Bank shall inform
the Contracting Party by electronic document. If the transaction is a comprehensive time deposit in TWD, it will be processed on the next day. For foreign exchange or fund trade, it will be processed on the next business day or other means as agreed.
If service cannot be provided due to special circumstances of the Bank (such as repair and maintenance), the Bank shall make announcement at a conspicuous location of the web page 7 days in advance.
10
Service charge
The Contracting Party agrees that as of the day of using eBanking/mobile banking services, the Contracting Party shall pay for relevant services, processing and others at the standard rate set forth by the Bank specified as follows. The Contracting Party further agrees to pay related expenses over the counter at the time of making application for relevant services, or authorize the Bank to debit the account of the Contracting Party for the payment. The Bank will not charge for anything not being mentioned.
|
Expense items
|
Billing standard
|
|
Inter-bank fund transfer in TWD
|
ATM Payment Channel
|
1. Personal to personal/non-personal account:
(1) Fund transfer of NT$500 and less: transaction from each type of automated service from the payer account (including ATM, eBanking ATM, telephone voice service, eBanking and mobile banking) will be free of charge for one transaction daily. Any additional transactions will be charged at NT$10/transaction.
(2) Fund Transfer at NT$501~1,000: NT$10/transaction.
(3) Transfer of more than NT$1,000: NT$15/transaction.
2. Non-personal account to personal/non-personal account: NT$15/transaction.
|
|
FXML payment channel
|
Fund transfer at NT$2,000,000 and less: NT$20/transaction. Fund transfer in excess of NT$2,000,000, an additional NT$10 will be charged on each increment of NT$1,000,000. The amount in excess falling below NT$1,000,000 will be taken as NT$1,000,000 for charging.
|
|
Correspondent channel
|
Fund transfer at NT$2,000,000 and less: NT$30/transaction. Fund transfer in excess of NT$2,000,000, an additional NT$10 will be charged on each increment of NT$1,000,000. The amount in excess falling below NT$1,000,000 will be taken as NT$1,000,000 for charging.
|
|
Gold passbook investment under dollar-cost averaging
|
Account debit success: NT$50/transaction.
|
FXML certificate
(application or roll-over)
|
Personal account
|
NT$160 (or the equivalent in USD)/one-year term
|
|
Corporate account
|
NT$1,100(or the equivalent in USD)/one-year term
|
|
FXML smart card (certificate carrier)
|
NT$700/copy (pay over the counter at the time of application)
|
|
OTP text
|
Domestic mobile phone number: NT$1/texting
|
|
Foreign exchange
|
Charged at the billing rate for foreign exchange at DBU and OBU(Note 1, Note 2)
|
|
Subscription/switching/redemption of funds
|
Billing at the fee rate specified in “Non-discretionary Money Trust Investment in Domestic and Foreign Securities” of the Bank.
|
Note 1: Outward remittance in foreign currency: Charged at 0.05% of the amount of remittance atDBU with a minimum charge of NT$120 and no more than NT$800, postage at NT$300. Remittance to other banks from OBU will be charged at US$10, and postage at US$10. Remittance to DBU of the Bank will be charged at US$10. If the overseas fee is noted as OUR, there is additional overseas fee will also be charged. Transaction through DBU will be converted into TWD for receiving on the basis of the exchange rate at the time of the transaction and OBU will convert the transaction in USD for receiving. Overseas fee may vary with the billing standards of respective foreign banks and the Bank may adjust the fee
rate from time to time to reflect the actual rate. The Contracting Party agrees to make up the amount short in line with the fee actually charged by respective foreign banks.
Note 2: Service charge for inward remittance of foreign currencies: DBU will charge at 0.05% of the amount of remittance and the minimum of NT$200 but no more than NT$800. Service charge at OBU for inward remittance from other banks is US$15. Inward remittance service charge at the Bank is US$10.
The aforementioned billing standard may be subject to change and the Bank shall post related information at a conspicuous location of the website and notify the Contracting Party of the content of change by email or other means as agreed (hereinafter, “Notice”). If the adjustment as stated in paragraph 2 is adjusted upwards, the Bank shall provide the options for the Contracting Party to express its consent or not on the web page. If the Contracting Party had not express consent at the change before the effective day of adjustment, the Bank shall suspend the services of the Contracting
Party at eBanking/mobile banking in whole or in part from the effective date of adjustment and beyond. If the Contracting Party agrees with the adjustment after the effective date, the Bank shall resume related services for eBanking/mobile banking at once.
The Bank shall give announcement or notice 60 days before the effective date. The effective date of adjustment shall not be earlier than the starting day of the next fiscal year after the announcement and notification.
11
Installation of hardware and software by the Contracting Party and the risks
The Contracting Party shall install the required computer hardware and software in applying for the items
of service under this service package, and other devices related to security.
The Contracting Party shall assume the responsibility of the expenses incurred and the risks derived from the installation.
If the hardware and software and related documents specified in paragraph 1 are provided by the Bank, the Bank agrees that the Contracting Party may use the hardware and software and related documents only within the scope of service as agreed and shall not assign, lent or avail to a third party in any mean. The Bank shall also specify the minimum hardware requirement for this service at the website and on the packing of the hardware and software and assume the risk deriving from the software and hardware being provided.
The Contracting Party shall return the aforementioned equipment to the Bank at the termination of this Agreement.
12
The responsibility of the Contracting Party in online connection
The Bank may enter into special agreement with the Contracting Party whereby necessary test has to be performed with the Bank before connection.
The Contracting Party shall be responsible for the safekeeping of the user ID, password, proving document and other tools for identification provided by the Bank.
If the Contracting Party entered the password in error 3 times in a row, the computer of the Bank will automatically stop the items of service to the Contracting Party under this Agreement. The Contracting Party may request to resume the services in accordance with the due procedure specified in Article XXIV of this Agreement.
13
Confirmation of the transactions
The Bank shall, after the execution of every transactions to the instruction of the Contracting Party,notify the Contracting Party at once by electronic document or email. The Contracting Party shall then confirm if the transactions are free of errors as quickly as possible. If not, the Contracting Party shall inform the Bank by telephone or other means as agreed within 45 days after using the service.
The Bank shall send the account statement covering the previous month to the Contracting Party by regular mail, email or the means as agreed on a monthly basis (no statement will be sent if there is no transaction for the month). If the Contracting Party discovers error in the entries of the statement after checking, inform the Bank by telephone or other means as agreed for investigation within 45 days from the receiving day.
The Bank shall conduct investigation as per the notice of the Contracting Party, and inform the Contracting Party of the status and result of investigation in writing within 15 days after notification.
14
Handling the error of the electronic documents
In the event of error in the electronic documents when the Contracting Party uses different items of service under this Agreement, and the error is not the fault of the Contracting Party, the Bank shall assist the Contracting Party to rectify and provide other necessary assistance.
If the aforementioned error is caused by the fault of the Bank, the Bank shall rectify immediately after acknowledgement and inform the Contracting Party of the error by electronic documents or email.
In the event of error in electronic documents when the Contracting Party uses different items of service under this Agreement due to the Contracting Party’s own fault such as the error in the code of the financial institution, deposit account number or amount in the process of operation, to the extent that the fund was sent to the account of a third party or the amount is not correct, the Bank shall proceed with the following once notified by the Contracting Party:
(I) Provide the detail of the transaction and related information in accordance with applicable
legal rules.
(II) Notify the receiving bank for assistance.
(III) Report on the status of remedy.
15
The lawful authorization and responsibility of electronic documents
The Bank and the Contracting Party shall assure that all the electronic documents sent to each other are
lawfully authorized.
The parties hereto agree that if the fraudulent use or stolen use of the user ID, password, proving document, private gold key by a third party is discovered, or without lawful authorization, inform the other side by telephone, by correspondence or any other means as agreed to stop the service and take precaution.
Before receiving the aforementioned notice, the Bank shall be responsible for the effect of using the service by such third party. Except under any of the following circumstances:
(I) The Bank can prove that it is caused by the willful act or gross negligence of the Contracting Party.
(II) The Bank has notified the Contracting Party for checking the information on the transaction or the account statement as agreed but the response is later than 45 days. The Contracting Party cannot be contacted for notification under special circumstances (such as in long distance journey or in hospital) and the period of 45 days after the end of the special circumstances unless caused by the willful act or gross negligence of the Bank.
The expenses incurred from the verification of the fraudulent use of stolen use as specified in paragraph 2 in the investigation shall be borne by the Bank.
16
Information System Security
Contracting Party shall assure the security of the information system to prevent illegal intrusion, access, modification, damage of the business record or the information of the Contracting Party.
It is not the responsibility of the Bank to provide evidence on the controversy over the penetration of the security protection of the information system of the Bank or using the loophole of the information system by a third party.
The Bank shall be responsible for the damage to the Contracting Party caused by the intrusion of a third party into the information system of the Bank.
If the Contracting Party forgets to log off or leave the system idle for 8 minutes with any transaction or inquiry when using the eBanking or mobile banking service system of the Bank, the Bank will automatically log the Contracting Party off the eBanking or mobile banking service system.
17
Obligation of non-disclosure
Unless the law provides otherwise, the Bank shall assure no divulgence of the information on the Contracting Party acquired by the Bank in the use or execution of this service through the exchange of electronic documents to a third party. If the Contracting Party agrees to inform a third party, this third party shall also be bound by the obligation of non-disclosure under this provision.
In case the aforementioned third party fails to observe the obligation of non-disclosure under this provision, it shall be deemed the violation of this provision by the Contracting Party.
18
Responsibility for the damage
The Bank and the Contracting Party agree that in the event of delay, loss, or error in the sending or receiving of electronic documents due to the fault of one side of the parties, to the effect that damage is caused to the no fault side, the faulty side shall be responsible for the damage thereof.
19
Retention of Record
The Bank and the Contracting Party shall keep the records on electronic documents under the category of instruction for transactions and assure the authenticity and integrity of the record.
The Bank shall keep the aforementioned records in due diligence. The retention period is longer than 5 years or as required by the law for a longer period.
20
The binding effect of electronic documents
The Bank and the Contracting Party may agree to use electronic documents as the means of expression of intent thereby exchange electronic document under this Agreement. The electronic document shall have the same binding effect as the documents in hard copy. Unless otherwise excluded by the law. In the event or any dispute in between the Contracting Party and the Bank in the aftermath, the parties hereto shall not suggest that the electronic document is invalid or not
constituted as it is not in hard copy or without signature in the trial, arbitration, conciliation or other procedures for the settlement of dispute.
The Contracting Party may conduct fund transfer with the use of electronic documents, which is the same as transfer without passbook, and have the same binding effect as using the passbook with filling in the withdrawal slip affixed with the seal identical to the sample on the impression card in the withdrawal.
21
Termination of This Agreement by the Contracting Party
The Contracting Party may terminate this Agreement at any time by visiting the Bank in person or appointing an agent with the power of attorney for processing.
22
Termination of This Agreement by the Bank
The Bank may terminate this Agreement with 30 days of notice to the Contracting Party in writing.
If any of the following applies to the Contracting Party, the Bank may terminate this Agreement at
any time by giving notice to the Contracting Party by correspondence or email:
(I) The Contracting Party assigns the rights or obligations to a third party in the absence of the
consent of the Bank.
(II) The Contracting Party petitions for bankruptcy under the Bankruptcy Act, or petition for
restructuring of debts or liquidation under the Consumer Debt Clearance Statute.
(III) The Contracting Party acts in defiance of Article XV to Article XVII of this Agreement.
(IV) The Contracting Party acts in defiance of other provisions of this service as agreed, and fails to
respond upon summon exhortation for rectification or performance within specific time limit.
(V) The Contracting Party was determined by the Bank with solid evidence in the engagement of
illegal or unusual transactions with the illicit use the account or in circumstances that this
Agreement shall be terminated under applicable legal rules.
23
Termination without notification
When the Contracting Party has settled and cleared all the current deposit accounts with the Bank,
the Bank may proceed to terminate the eBanking/mobile banking service. But the eBanking service
of the Contracting Party applied online with credit card will remain unaffected.
24
Management of the user ID, user code and password of the Contracting Party
The Contracting Party agrees to use the ID card number of Uniform Business ID, user ID, and login password to use the eBanking/mobile banking service provided by the Bank. The Contracting Party shall reset the user ID and change the login password at the initial login to eBanking before conducting transactions. If the Contracting Party fails to reset the user ID and change the login password within 1 month from the day of applying for eBanking service or the password slip, or the login password was wrongly entered 3 times in a row, (combined calculation for the login of eBanking and mobile banking), the Bank will automatically stop the Contracting Party in using the service. The Contracting Party shall then apply again over the counter, or use the smart banking card or FXML certificate for online unlocking or reset through other automation channels provided by the Bank.
25
Reporting loss
The Contracting Party may report loss (like the passbook, the specimen seal, and banking card) with the use of the eBanking/mobile banking service and the reporting loss of the banking card through the eBanking/mobile banking, internet desk and voice system shall be deemed a formal procedure for reporting loss of the card that it is not necessary for the Contracting Party to undergo the documentation procedure at the Bank. For reporting loss of other items beyond the banking card, the Bank may only suspend the payment and the Contracting Party shall still complete the documentation procedure for reporting loss over the counter in person at the Bank during regular business hours.
26
The subject headings
The subject heading of the provisions under this Agreement is served as the guide for reading, and will not affect the interpretation, explanation and understanding of related clause for this service.
(Two) Separate Agreement Clause
1
Mobile Banking Service:
(I) The Contracting Party shall apply for eBanking service with the Bank in the first place before activating mobile banking service with the 「高銀行動e 點通 BOK Mobile Banking」APP.
(II) For using mobile banking, the Contracting Party agrees to use the user ID and password of eBanking, or the quick access to mobile banking service function prearranged with the Bank. The items of service will be based on the availability of the mobile banking system of the Bank for the time being and any other additions in the future.
(III) The rules and regulations and service setup for mobile banking (such as the limit, prearranged account for outward and inward transfer) will be combined with the services of eBanking. Any setup and arrangement of the Contracting Party in eBanking (including previous agreement still in force) or additions in the future (such as prearranged outward transfer and inward transfer account) will also be applicable to mobile banking.
(IV) The number of attempts for entry with the wrong password will be combined with eBanking. If the Contracting Party elects to terminate the service of eBanking, the service of mobile banking will also be terminated at the same time.
(V) The Contracting Party cannot use the same user ID and password to log into eBanking and mobile banking at the same time. The next login at the same time will force out the previous login (replacement by the last login).
(VI) If the Contracting Party elects to stop using mobile banking service, log into the eBanking system and execute the stop function of “mobile banking.” After stop using the service, the Contracting Party can no longer use the service of mobile banking like account inquiry and fund transfer with its mobile device. If the Contracting Party has arranged for the
preauthorized fund transfer through mobile banking but mobile banking service has been stopped at the time of the transfer, the transfer will be unaffected if the Contracting Party did not terminate eBanking service in fund transfer.
2
Foreign exchange rate will be based on the quoted rate for spot trade during regular banking hours at the time of processing the transaction. The foreign exchange rate for prearranged transaction will be based on the initial quote on spot trade on the transaction day. Fund transfer in foreign currency will be governed by “conversion exchange rate.” In the event of the wide fluctuation of the foreign exchange market, the Bank cease to process foreign exchange through eBanking/mobile banking on a temporary basis where necessary.
3
Foreign Exchange Declaration at DBU：
(I) In conducting foreign exchange trade over the internet, the Contracting Party shall duly observe the “Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions” announced by the Central Bank, thereby provide accurate information on the nature of the foreign exchange settlement.
(II) In conducting buying exchange (including the buying of foreign currency deposit and buying foreign currency with TWD) or selling exchange (including the selling of foreign currency deposit and inward remittance of foreign currency for settlement), if the amount of each transaction or the daily accumulated transactions is equal to or more than NT$500,000, only the electronic certificate security control mechanism may be used and declare with the Central Bank with electronic documents. In the event of a change in the regulatory environment, or the annual quota of the Central Bank in foreign exchange has been fully consumed, or transaction without the approval of the Central Bank, the Contracting Party shall be responsible for the insistence on the transaction.
(Three) Agreement on fund transfer
1
Types of fund transfer under this service include the prearranged fund transfer with the use of nonelectronic signature like the “transaction password,” prearranged transactions with the use of electronic signature like the “FXML certificate” or transfer without prior arrangement, and other transactions with the use of “OTP/smart banking card.” “Transaction password” and “FXML certificate” will be used in combination with the prearranged transfer with the use of non-electronic signature and transfer with electronic signature in the “corporate banking network” at the Bank by the Contracting Party.
2
If the password for transaction was wrong after 3 attempts, the Bank will stop this service for transaction security. The Contracting Party shall reset the password over the counter, or at the ATM or website with the smart banking card for eBanking, FXML certificate or voice service password to resume the use of the transaction password.
3
The “FXML certificate” for transfer with electronic signature is issued by TWCA, and it is necessary to apply for the “FXML certificate smart card” as the storage carrier of the document. The Contracting Party shall pay for the document and the document carrier and related fees as announced by the Bank. In case of the missing, theft of the document carrier, or forgetting the password, or wrong entry of the password for 3 attempts in a row, the card will be locked. The
Contracting Party shall then reapply for the document smart card or unlock the password. If the document carrier password is leaked to a third party, the Contracting Party shall change the password.
4
The OTP features “real-time, no repeated use and use for one time only”. If the Contracting Party did not use the OTP within 120 seconds on receiving, the OTP will be void and the Contracting Party shall repeat the procedure for a new OTP. If the wrong “OTP” was entered 3 times in a row, the Bank shall suspend the OTP service. The Contracting Party may resume the use of OTP by applying with the Bank in accordance with relevant rules and regulations.
5
V. The Contracting Party shall arrange the ““payee account” in writing with the Bank over the counter before using the eBanking/mobile banking service (including tax and fee payment and payment for principal and interest of loans). If the Contracting Party elects to execute fund transfer in TWD without prior arrangement, or Taiwan Pay, the payee account shall be combined with the application for the function of fund transfer to payee account without prior arrangement. For fund transfer with the use of non-electronic signature for release like the use of “transaction password,” and the use of electronic signature for release like the use of “FXML certificate,” the Contracting Party shall arrange with the Bank in writing over the counter or through the online agreement of eBanking of the “payee account.” If the Contracting Party agrees to arrange its own account at the Bank as the prearranged payee account, this provision will be the proof in writing of the arrangement.
6
VI. In applying for the arrangement of payee account, the Contracting Party shall check and confirm carefully. The Bank will log into the deposit account in the application and is not responsible for reviewing if the account is the account under the title of a designated depositor.
7
VII. In setting up the “prearranged payee account,” the Contracting Party may choose either “Account Matching” or “ID Matching.” If the Contracting Party selects “Account Matching,” it is applicable to all the payer account opened by the Contracting Party at the bank (including the addition of payer accounts opened under the same ID card number or Uniform Business ID at present or in the future) once the payee account is arranged. It will not be necessary to arrange the payee account for respective payer accounts separately. If the Contracting Party selects “ID Matching,” the Contracting Party arrange the payee account with each payer account one-by-one. If the Contracting Party changes from the “Account Matching” mode to “ID Matching,” the payee accounts previously arranged are still applicable to respective payer accounts of the Contracting Party before the change, and the payee account after the change will only for the prearranged payer account. If the Contracting Part has selected “ID Matching” and then changes to “Account Matching,” the payee accounts are applicable to respective payer accounts of the Contracting Party before and after the change.
If the Contracting Party elects to change, increase, or decrease the prearranged payee account after
registration, fill in an application for the change.
8
Payer account in TWD is limited to current deposit account (including checking deposit account) of the Bank. However, the payee account may be current account (excluding saving deposits account for civil servants and teachers and retirement account of the banking personnel), time deposit account and other account, and is not limited to the account under the title of the Contracting Party.
9
Payer account in TWD is limited to current deposit account (including checking deposit account) of the
Bank. However, the payee account may be current account (excluding saving deposits account for civil
servants and teachers and retirement account of the banking personnel), time deposit account and other
account, and is not limited to the account under the title of the Contracting Party.
10
Foreign exchange:
(I) Fund transfer from deposit in foreign currency: fund transfer from deposit in foreign currency is
limited to transfer between the accounts at the Bank. Fund transfer between accounts in different
currency denomination is limited to the accounts of the Contracting Party.
(II) Outward remittance in foreign currency:
1. If the Contracting Party elects to conduct outward remittance in foreign currency through eBanking, fill in the “Application for Outward Remittance of Foreign Currency through eBanking/Corporate Banking Network” for the prearrangement of the payee account. The Contracting Party further agrees the “prearranged payee account” will be set up in accordance with Article VII of the of the agreement on fund transfer under this Agreement, by “Account Matching” and this clause will be the proof of this agreement in writing.
2. The Contracting Party hereby authorizes the Bank or the correspondent Bank of the Bank to send the fund in any means or any mode, and may use any overseas correspondent bank as the drawee bank or transferring bank. In the event of error caused by the overseas drawee bank or the transferring bank, the Bank shall provide assistance in tracing and searching as per the request of the Contracting Party whether the aforementioned bank is designated by the Contracting Party or the Bank or not. The postage and communication fee, and the service charge collected by the foreign bank shall be borne by the Contracting Party, and the Bank shall charge the Contracting Party for the expense incurred from postage and telecommunication service in the search process.
3. The Contracting Party agrees that if the telex for remittance has missing data, is blurred, has overlapping lines, incomplete content or other error at the time of sending due to the problem of telecommunication equipment or connection problem, or the telex cannot be sent or received properly, or other causes beyond the control of the Bank, to the effect that the remittance was delayed in delivery to the place of payment or the drawee bank or the recipient, or the fund cannot
be sent, the Bank shall assist the return, transfer or resend and the expenses incurred from the postage and the service charge applied by the overseas Bank shall be borne by the Contracting Party. Unless the Bank shall be held responsible.
4. The Contracting Party agrees that the overseas drawee bank selected by the Bank may pay the recipient in the local currency or the conversion of the local currency to the currency of the host country at the exchange rate offered by this bank, or in other currency, or deposit the fund directly into the account of the recipient with no objection.
5. The Contracting Party agrees that when the fund was remitted to the overseas bank for payment of transfer, the drawee bank or the transferring bank may charge for the service from the amount of remittance in accordance with the banking practice in this country, the Contracting Party shall assume the payment with no objection. The Contracting Party shall pay for the service charge of the transferring bank at the rate of the Bank before the transaction takes place.
6. The Contracting Party agrees that if the overseas correspondent bank seizes the fund for remittance for reason of the status of the recipient as a terrorist organization or the country of the recipient is sanctioned for remittance, the Contracting Party shall assume all the risks
therefrom.
7. The Contracting Party agrees that if the Bank is closed due the natural disaster or force majeure, the telex message for confirming successful remittance may be sent on the next business day.
8. The Contracting Party agrees that remittance through On-line Banking System is processed with the sending of 1 telex message.
9. Fund transfer between the DBU and OBU of the Bank conducted by the Contracting Party shall be governed by the rules of the Bank in outward remittance of foreign currency.
(III) Payment of inward remittance in foreign currency: In processing fund transfer from inward remittance through eBanking, the fund will be transferred to the account of the Contracting Party as per the instruction of the inward remittance telex message on the effective date of remittance net of applicable fee in lump sum. For partial payment of the fund, processing over the counter is required. If the fund has been drawn after inward remittance, the Bank is not compensated by the sending bank or dispute arises, the Contracting Party agrees to return the fund or excessive payment in whole upon notice from the Bank.
(IV) The Contracting Party cannot process pledge or lien with the comprehensive deposit account in foreign currency through eBanking.
(V) The Contracting Party agrees that each buy exchange (sell exchange) in foreign currency transaction shall not fall below the equivalence of NT$1,000. Nevertheless, only one sell exchange transaction with an amount fall below the equivalence of NT$1,000 can be made per day. There shall not be more than 15 transactions for conducting foreign exchange in buy exchange (sell exchange) and currency exchange as a whole on a daily basis.
Prearranged fund transfer:
1. The Contracting Party agrees to arrange for transactions for a period of 1 year from the day after
the arrangement day.
2. The Contracting Party agrees that transactions in preauthorized fund transfer shall be based on the
first quote of the exchange rate on the transaction day as the rate for currency conversion. Related
service charge, postage, and the fees for the overseas banks shall be converted to TWD (DBU) or
USD (OBU) at the aforementioned exchange rate, and debit from designated accounts.
3. The Contracting Party agrees to deposit sufficient fund on the day before the preauthorized fund
transfer. In the event of insufficient fund on the transaction day, or the fund is being withheld or
seized, to the extent that the transfer cannot be completed, this particular preauthorized fund
transfer will be canceled automatically.
4. The Contracting Party may elect to cancel particular preauthorized fund transfer by completing
the cancellation procedure by 00:00 before the transaction day (the time zone of the Bank).
(VII) The Contracting Party agrees that, during the lunch break hours of Taiwan Foreign
Exchange, from 12:00-14:00, the upper limit for the transaction with particular customer on
each currency posted for buy exchange/sell exchange will be the equivalent of US$10,000.
(VIII) The Contracting Party agrees that if there is no settlement in the foreign exchange at the
negotiated rate with the Bank through online transaction in a month, online transaction
under the negotiated rate will be suspended for 3 months from the day after the default but
foreign exchange transaction not at the negotiated rate can still be conducted.
11
Limit of the amount in fund transfer:
(I) Transactions of TWD deposits: the limit for each payer account is specified below
|
Security control for release
|
Transferred to account
|
Limit for each transaction
|
Daily limit
|
Combined limit of release under security control Daily limit
|
Combined limit of all other automated services. Daily limit
|
|
Transaction password
|
Agreement over the counter
|
NT$2,000,000
|
NT$3,000,000
|
NT$3,000,000
|
NT$3,000,000 <br/> (Note1)
|
|
Online arrangement
|
NT$2,000,000
|
NT$3,000,000
|
OTP
Monthly limit: NT$200,000
|
Not prearranged (Note2)
|
NT$50,000
|
NT$100,000
|
Smart banking card
Monthly limit: NT$200,000
|
NT$50,000
|
NT$100,000
|
OTP
Monthly limit: NT$200,000
|
Tax and fee payment
|
NT$50,000
|
NT$100,000
|
|
Smart banking card
|
NT$2,000,000
|
NT$3,000,000
|
|
FXML certificate
|
|
FXML certificate
|
Agreement over-the-counter
|
NT$20,000,000
|
NT$20,000,000
|
NT$20,000,000
|
If inter-bank transaction adopts ATM as the payment channel, at NT$3,000,000 (Note 2)
|
|
Not prearranged
|
NT$10,000,000
|
NT$10,000,000
|
Note 1: The daily transaction limit is NT$3,000,000 including other automated fund transfer
service [including ATM, Internet ATM, voice, corporate banking fund transfer not
released under FXML certificate]. For transfer to the accounts of the Contracting Party of
the Bank, the daily limit is NT$20,000,000.
Note 2: Online application for a higher limit of fund transfer without prior arrangement:
NT$200,000/transaction, NT$200,000/day, NT$500,000/month, and applicable only to
real-time fund transfer.
Note 3: Inter-bank fund transfer through automated services [including ATM, Internet ATM,
voice, eBanking, mobile banking, and corporate banking network] through “ATM
payment channel” is limited to NT$3,000,000/day.
(II) Foreign exchange:
1. Transactions with “transaction password”:
(1) The Contracting Party agrees that the daily limit of buy exchange (sell exchange),
including transactions over the counter and automated services is the equivalent of
NT$500,000.
(2) If there is a need for fund transfer for all the foreign currency accounts of the
Contracting Party, the Contracting Party agrees that the amount of outward transfer
from each account shall be limited to the equivalent of NT$2,000,000.
(3) Outward remittance in foreign currency (for natural persons only):
(A) Remit through buy exchange of TWD: The daily amount of outward remittance
per person (under the same ID card number) for all transactions over the counter
and automated services is limited to the equivalent of NT$500,000.
(B) Outward remittance in the same currency: the amount of each transaction from
each account is limited to the equivalent of NT$2,000,000.
(4) The total amount of transactions as stated in (1), (2), and (3) with the use of transaction
password is limited to the equivalent of NT$3,000,000 from each account per day. For transfer to the accounts of the Contracting Party of the Bank, each transaction limit and daily limit are equivalent to NT$20,000,000.
(5) Inward remittance of foreign currency:
(A) The conversion of the fund from inward remittance to TWD through sell exchange:
the daily amount of payment from transactions over the counter and all
automated services per person (under the same ID card number/Uniform
Business ID) is limited to the equivalent of NT$500,000.
(B) Deposit of the fund from inward remittance to foreign currency deposit account: the amount of each transaction to each account is limited to the equivalence of NT$2,000,000. The daily transfer amount to each account and the amount from
transactions of automated services with the use of transaction password is limited to the equivalent of NT$3,000,000.
2. Transaction with “FXML certificate”:
(1) The Contracting Party agrees that the daily limit of buy exchange (sell exchange) of each person (under the same ID card number/Uniform Business ID), including the transactions over the counter and automated services is limited to the equivalent of US$500,000.
(2) If the Contracting Party has the need for fund transfer with its foreign currency
accounts, the Contracting Party agrees that the amount of each transaction from each
account is limited to the equivalent of NT$30,000,000.
(3) Outward remittance of foreign currency (for natural persons only): the Contracting
Party agrees that the amount of each transfer from each account is limited to the
equivalent of NT$20,000,000.
(4) The amount of transactions as stated in (1), (2), and (3) and all automated services with
the use of FXML certificate is limited to the equivalent of NT$30,000,000 from each
account per day.
(5) Inward remittance in foreign currency: the Contracting Party agrees that the limit of
foreign currency sell exchange into TWD included to the amount stated in (1), and
there is no daily limit of the original currency into foreign currency account for each
person (under the same ID card number/Uniform Business ID) in payment.
3. Natural persons who are under age and have been issued the citizen identity card
of the Republic of China with household registration and household registration record or
household registration transcript, resident visa of Taiwan or resident visa of foreign
nationals with validity of more than one year is limited to the equivalent of NT$500,000 for
each transaction of foreign exchange settlement.
(III) Gold passbook transactions: the total limit of each account in subscription, redemption, and
transfer is specified below:
1. Transaction with the use of “transaction password”: the daily limit is the equivalent of
NT$3,000,000.
2. Transaction with the use of “FXML certificate”: the daily limit is the equivalence of NT$30,000,000, and will be equivalent to NT$33,000,000 if the transactions with the use of “transaction password” are included.
(IV) Fund trade: The total limit of subscription of fund units in each trust account [including the
trust in TWD and foreign currency, excluding the amount for the subscription of fund under
the dollar-cost averaging principle and investment in variable amount at regular intervals] is
specified below:
1. Transaction with the use of “transaction password”: the daily limit is the equivalent of
NT$20,000,000.
2. Transaction with the use of “FXML certificate”: the daily limit is the equivalent of
NT$30,000,00. if the transactions with the use of “transaction password” is included, the
daily limit is the equivalent of NT$30,000,000.
(V) The amount of time deposit from the transfer of fund from comprehensive passbook deposit account
in TWD is limited to NT$10,000 per transaction.
(VI) The amount of comprehensive deposit in foreign currency from the transfer of fund from
comprehensive current deposit account of the same currency, or comprehensive time deposit in
foreign currency through the buy exchange of TWD is limited to the minimum amount for opening
different time deposit accounts in respective foreign currencies. The term of time deposit shall be
based on the number of days per term in respective foreign currencies as posted.
(VII) Restriction of CNY transactions at:
1. For deposit of CNY through sell exchange (buy exchange) by natural persons, and the
exchange between CNY and other foreign currencies for deposit, the daily limit of buy (sell)
exchange in CNY, including transactions over the counter and all automated services is the
equivalent of CNY20,000. Any subsequent change will be governed by the rules and
regulations of the Central Bank.
2. Natural persons who remit fund in CNY to Mainland China shall be limited to those who
have been issued the citizen identity card of the Republic of China. The nature of the
remittance shall be routine items. The daily limit of remittance through transactions over
the counter and all automated services is CNY80,000. Any subsequent change will be
governed by the rules and regulations of the Central Bank.
12
The following 4 types of foreign exchange settlement are not preferred through eBanking/mobile
banking. The Contracting Party shall conduct the transactions over the counter:
(I) The Contracting Party does not have resident visa of Taiwan or resident visa for foreign
nationals, or persons who are not nationals of the Republic of China and the validity of the
resident visa is less than 1 year.
(II) The Contracting Party is not a company, business entity, group duly incorporated in the
Republic of China under applicable laws, or a non-R.O.C juridical person recognized by the
government of the Republic of China.
(IV) If the online declaration of the Contracting Party on TWD foreign exchange settlement of the
Contracting Party was found fraudulent, all subsequent foreign exchange settlement in TWD
and declaration will be required for processing over the counter.
