4.1 The PIN may be sent to the Customer by post or may be collected by the Customer at the branch of Account or as arranged by the Bank. Any person collecting the PIN on behalf of the Customer, and purporting to be duly authorized in writing by the Customer shall be deemed by the Bank to be authorized.
4.2 The Bank is authorized to act on any telephone instruction which the Bank in its sole discretion believes emanate from the Customer by the use of the PIN and the Bank shall not be liable for acting in good faith upon telephone instructions which emanate from unauthorized inpiduals and the Bank shall not be under any duty to verify the identity of the persons giving telephone instructions purportedly in the name of the Customer.
4.3 The Bank shall not be liable for any loss, damage or expense incurred by the Customer howsoever caused if the PIN is not in fact received by the Customer.
4.4 The Customer shall be under an absolute duty to maintain the secrecy of the PIN and to notify the Bank via telephone immediately followed by confirmation in writing if the PIN is lost or may become known to any other person.
4.5 Upon receipt by the Bank of such telephone notification the Bank shall be entitled to suspend and/or terminate PhoneBanking Services and/or to cancel the PIN. The Customer may be issued a fresh PIN at the Bank's discretion
4.6 The Customer shall be liable for all Transactions effected until the PIN has actually been cancelled by the Bank.
5.1 The Customer may use PhoneBanking Services to:
- stop payment on cheques and the Customer agrees with the Bank that any such request submitted after banking hours may not be effected until the next banking day;
- report loss of the Customer's ATM card, credit card (including any personal identification number therefore) or any other documents (including without limitation demand drafts and cashier's orders) the loss of which is permitted by the Bank to be reported in the manner described herein and the Customer shall be liable for all Transactions effected until use of the aforesaid documents is suspended or cancelled by the Bank;
- request a cash refund or request the Customer's account to be credited with the proceeds of a demand draft or cashier's order the original of which is or has been reported by the Customer to be mislaid, lost, stolen or destroyed, which request will be acceded to by the Bank at its discretion and subject to the Customer signing and returning to the Bank its standard letter of indemnity;
- make payments or transfers;
- conduct Transactions on the Customer's Account(s);
- open new sole accounts for such banking services as the Bank may from time to time determine;
- open new joint accounts for such banking services as the Bank may from time to time determine, provided that such accounts are to be operated on the Joint Alternate Instructions of the same joint accountholders operating any existing joint accounts with the Bank;
- purchase traveler's cheques, which may be collected at a branch of the Customer's choice;
- apply for cashier's orders, which may be sent to the Customer by post or which may be collected at a branch of the Customer's choice or at the Bank's Telephone Banking Centre;
- apply for demand drafts, which may be sent to the Customer by post or which may be collected at a branch of the Customer's choice or at the Bank's Telephone Banking Centre;
- apply for telegraphic transfers;
- check the current holding and prices of Unit Trust; and
- perform such other Transactions and obtain such other banking services and information as the Bank may arrange from time to time and upon such terms as the Bank may impose.
5.2 Notwithstanding any other provision hereunder and in particular Clause
5.1 the services currently available under PhoneBanking Services and the operating hours thereof will be made known to the Customer via the Bank's promotional materials.
5.3 The Customer agrees to comply with the processing cut- off time of any Transaction conducted via PhoneBanking Services as may be prescribed by the Bank and subject to change at the discretion of the Bank from time to time and be notified to the Customer by such means as the Bank maythink fit.
6.1 The Customer shall ensure that there are sufficient funds or prearranged credit facilities in the Customer's Account when giving the telephone or other instructions and the Bank shall not be liable for any consequence arising out of the Bank's failure to carry out such instructions due to inadequacy of funds and/or credit facilities provided always that if the Bank shall at its sole discretion decide to carryout the instructions notwithstanding such inadequacy the Bank may do so without seeking prior approval from or notice to the Customer and the Customer shall be responsible for the resulting overdraft, advance or credit thereby created.
6.2 Any exchange rate or interest rate quoted by the Bank in response to a telephone instruction is for reference only and shall not be binding on the Bank unless subsequently confirmed by the Bank for the purpose of a Transaction. Such confirmed exchange rate or interest rate shall be absolutely binding on the Customer notwithstanding that a different exchange rate or interest rate might have been quoted by the Bank at the relevant time through other means of communication.
6.3 If as a result of a Transaction conducted using PhoneBanking Services, the Customer's account is overdrawn, the Customer shall forthwith pay on demand to the Bank all such sums withdrawn in excess of available funds together with interest at the prevailing rate which the Bank charges on such overdrawn amounts. If payments are effected to third parties after closure of a Customer's Account all sums so paid shall be a debt due from the Customer to the Bank and repayable forthwith.
6.4 Where the Customer (who is currently an accountholder of the Bank) opens a new account through PhoneBanking Services, no documents will be sent to the Customer and the application will be processed based on information obtained from documents currently in the Bank's possession.
6.5 The Customer agrees to comply with the limit of any Transaction conducted via PhoneBanking Services as may be prescribed by the Bank and subject to change at the discretion of the Bank from time to time on which change shall be notified to the Customer by such means as the Banks thinks fit. The Customer shall indemnify and shall keep the Bank fully indemnified against all losses, damages, fees, costs, charges and expenses (including legal costs on a full indemnity basis) which the Bank may sustain or incur as a result of permitting, at its sole discretion, Transactions above the Bank's pre-set limits to be affected at the Customer's request/instruction herein.
7. The Bank is authorized to record all instructions from the Customer including conversations made during the use of PhoneBanking Services and, in the absence of manifest error, such record of PhoneBanking Services Transactions shall be final and conclusive and be binding on the Customer for all purposes.
8. The Bank will send to the Customer a confirmation advice for each Transaction conducted using PhoneBanking Services. Details of Transactions conducted using PhoneBanking services will be reflected in the Statements of Account of the respective accounts linked to PhoneBanking Services.
9.1 The Customer shall abide and be bound by the instructions given by the Bank during the use of Phonebanking Services. The Customer shall have no claim, recourse or remedy against the Bank in respect of any loss, damage, and expense incurred by the Customer arising from any non-compliance by the Customer with such instructions
9.2 Without prejudice to any other provision hereunder, the bank may in its absolute discretion require the Customer to undergo a verbal quiz to authenticate his identity (regardless whether the Customer is able to furnish his PIN or not).
10. Without prejudice to the other clauses of these terms and conditions and in particular Clause 4.4, the Customer shall be liable for all Transactions and/or the use of the PIN with or without the Customer's knowledge or consent for whatsoever purpose.
11. The Customer shall be under a duty to cooperate fully with the Bank in the event of any investigation or litigation relating to PhoneBanking Services.
12. The Customer shall not be entitled to revoke the instructions given to the Bank after the same have been received by the Bank unless the bank permits otherwise.
13. The Customer may request to terminate the use of PhoneBanking Services by notifying the Bank in writing and the Customer shall be liable for all Transactions until the Bank has terminated the use of PhoneBanking Services
14.1 The Bank shall be entitled to levy charges, fees, expenses, tariffs and such other amounts at such rates to be determined by the Bank from time to time for the Customer's use of PhoneBanking Services. Details of all current charges, fees, expenses, tariffs and such other amounts levied by the Bank are available upon the Customer's request.
14.2 The Bank shall be entitled to debit the Customer's Account or any other account which the Customer maintains with the Bank whether in Indonesia or elsewhere for all such charges, fees, expenses, tariffs and such other amounts levied by the Bank.
15. No act, delay or omission by the Bank shall operate as a waiver or foregoing of all or any of its rights and powers hereunder save only by express undertaking to do so in writing.
16. In the event of the Customer failing to perform or being in breach of these terms and conditions or in the event of his death or insolvency or the committing of an act of bankruptcy, all charges and expenses payable to the Bank shall become due and payable forthwith and the Bank shall be entitled to debit the Customer's Account or any other account which the Customer maintains with the Bank whether in Indonesia or elsewhere with the charges and expenses forthwith.
17. The Bank shall entitled to suspend the PhoneBanking Services and to vary the services available through the use of PhoneBanking Services or the operating hours of any such service at any time at its discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these Terms and Conditions by the Customer.
18. The bank reserves the right to add, delete or vary the scope of PhoneBanking Services and any of the terms and conditions herein from time to time as which deletion, variation or addition shall be notified to the Customer by such means as the Bank may think fit. Continue use of the PhoneBanking Services afterwards shall constitute as the Customer's acceptance to be bound by such addition, deletion or variation. If the Customer can not agree to such addition, deletion or variation, the Customer may terminate the use of PhoneBanking Services based on the provision of item 19 hereunder.
19. The Bank may terminate the provision of the PhoneBanking Services to the Customer at any time with 3(three) working days prior to written notice. The Bank may also terminate the provision of the PhoneBanking Services forthwith without notice if for any reason the Customer fails to comply with the Terms and Conditions as stipulated therein, without prejudice to the Bank's right of action for any antecedent breach of this Terms and Conditions by the Customer.
Any termination stipulated herein shall occur in accordance with its terms and no prior court announcement shall be required. To give effect of the foregoing, the Customer and the Bank hereby waive the applicability of Article 1266 of the Indonesian Civil Code.
20. The Customer shall not hold the Bank responsible or liable for any loss or damage which the Customer may incur or suffer directly or indirectly arising out of or in connection with PhoneBanking Services due to any reason whatsoever including but not limited to the inaccuracy of any information provided over the telephone, the negligence of the Bank, its employees, servants or agents, breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line or any other equipment whether or not belonging to the Bank or as a result of the Bank's compliance or non-compliance with any instructions made by the use of the Customer's PIN whether or not authorized by the Customer.
21. Each Customer expressly authorize the Bank to disclose, transfer or otherwise make available to any subsidiaries of the Bank and/or any member of the HSBC Group and its agent of the aforesaid, including the involving telecommunication companies (within or outside Indonesia) such information relating to the Customer and Customer's Account(s), including without limitation transactions and dealings in connection with the said Account(s) which the Bank may consider appropriate in contemplation of or for the purpose of providing the PhoneBanking Services.
22. Any authorization conferred by the Customer to the Bank under this terms and conditions constitute an integral part of this Terms and Conditions of PhoneBanking Services, which would have not been provided by the Bank without such authorization. In relation to the foregoing, the Customer hereby waived the applicability of Article 1813, Article 1814 and Article 1816 of the Indonesian Civil Code.