1.1 This is an agreement between SAI Bank and the users of its online banking systems and /or (mobile) electronic applications (the “Services”). The term 'SAI Bank' or 'us' or 'we' refers to South American International Bank Curaçao N.V., a limited liability company (naamloze vennootschap) incorporated under the laws of Curaçao with its registered office at Plasa Smeets 6, Willemstad, Curaçao and registered with the Trade Register of the Chamber of Commerce in Curacao under number 36047 (0). The term 'you' or ‘customer’ refers to the user our online banking system or (mobile) electronic application, any client or potential client and any authorized person on the account and anyone who does your banking with us for you (such as persons under power of attorney) and other related persons such as authorized signatories and partners (as further detailed below).
1.2 This Agreement between you and us governs the use of the Services. These Services permit our customers to perform a number of banking functions which from time to time are made available to the customer through the use of a personal computer or, for some functions, a mobile device, on accounts linked to the service.
1.3 When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement. This Agreement is in addition to SAI Bank’s General Term and Condition and other agreements as from time to time amended and applicable to the relationship between you and us.
Online Banking Services
2.1 Our website and (mobile) electronic application will provide you information on the services which from time to time are available to the customers. The Services may include, but may not be limited to, the following services:
• Enquiries of balances and transactions of checking and saving accounts;
• Enquiries of fixed-term investments and/or fixed-term deposits;
• Equerries of loans;
• Internal and external transfers;
• Requesting the creation of accounts and credit cards;
• Using messaging services directed to us.
2.2 Some of the services may not be available for certain accounts or customers. We may temporarily or permanently launch or remove Services, without any prior notification.
3.1 Apart from any applicable transaction or service fees regarding transfers and banking services in general, we may charge fees for access to and/or the use of the Services. If the Services or part thereof where offered without applying a fee, then we may start applying fees with a 30 days’ notice.
3.2 We may adjust any fees at any time. We will notify you at least 30 days before the new fees enter into effect.
4 Requirements for use of Services
Security Code and/or Device
4.1 You need one or more security codes to make use of the Services. The security code may consist of the use of a PIN code, a login code or signing code, which may be fixed or dynamically created by means of a device or card (“Security Code and/or Device”). SAI Bank will determine the security code(s) or the method for creating such code.
4.2 Any Security Code and/or Device provided by us to you are strictly confidential. The Security Code and/or Device may not be given or sold to any third parties, unless we give you prior permission to share with other signatories to your account(s). These may only be used for the purposes as specified by us.
4.3 Any Security Code and/or Device provided by us shall remain our property. You shall comply with any request by us to stop using, destroy or give back our property to us or to any party designated by us. You will be responsible for loss incurred as a result of theft or loss of, damage to and/or the destruction of the Devise. Any costs relating to the replacing or repairing, including but not limited to the replacement of any batteries or parts, of the Security Code and/or Devise will be for your account.
4.4 You are responsible to notify us without any delay of any breach or loss of the Security Code and/or Devise.
Using a Browser
4.5 If using the Services using a browser, then such browser must be compatible with our Services’ platform. The compatibility may from time to time change, so that you may be required to change browser in order to keep on using the Services.
4.6 You must always check the browser address, in order to make sure you are in the secure environment of our website.
Using a Computer or Device
4.7 If you are using a computer or device to access the Services, the such equipment, including its operating system, must be compatible with our Services’ platform. The compatibility may from time to time change, so that you may be required to change your equipment in order to keep on using the Services. Also, the user may be required to update or change the operating system on his equipment in order to be able to keep using the Services.
4.8 You must always lock your device with a security code in order to keep unauthorized users from gaining access to the Services.
4.9 The Services require access to internet. In order to use the Services you must be connected to the internet and have the necessary software in order to use online services.
4.10 You will use the internet in such a manner, that others will not incur loss therefrom. You will make sure that your access to your internet is secure, which may include using software in order to limit security breaches. We can never be held liable for the use of internet, any software nor any breach in internet security.
4.11 We may from time to time make apps available, enabling you to access the Services. Your computer, device and operating system must be completable with the app. If using our app, you are required to always have the latest update of the app installed on your computer or device.
4.12 The app may only be used for the purposes for which it is intended. The app may not be copied, modified or made available to others.
4.13 An app must be deleted without delay, when you are instructed to do so or in the event you are no longer permitted to use the app. This is also the case when you sell or dispose of your computer or device.
4.14 Nor we nor any other third parties engaged by us are liable for any direct or indirect losses incurred as a result of malfunctions of or errors in apps or as a result of their use.
Use of biometrics
4.15 We may offer the possibility to open our apps with the use of fingerprint or other biometrics identification. This possibility may also include signing, issuing payment orders or conclude or amend an agreement with us. In such case you can enable the fingerprint or other biometric scanners of your computer or device.
4.16 You may not use this option when other fingerprints or other biometrics have been registered on your computer or device. You must verify this before you use fingerprint or other biometrics identification option.
5.1 You will observe the instructions we give to you relating to the Services. These instructions may relate to one or more Services and its safe use and the Security Code and/or Device and its safe use, as well as to the limits or the specifications to be met by your equipment for use with Service. Instructions may also be issued on a temporary basis.
5.2 The instructions may from time to time be amended or replaced for any particular Service. You will be informed thereof on our website or by communicating this directly to you via electronic or other means.
5.3 You will make sure that the instructions will always be known by each authorized user and that all such users observe the instructions and meets all of the conditions.
6 Availability of the Services
6.1 We strive to make the Services available as much as possible. However, for various reasons such as maintenance, security measures, internet or equipment and software malfunctions, force majeure or any and all reasons which may or may not be influenceable by us, the services are not available at all times.
6.2 If any act, such as payment, must be performed by a certain time, then you must take action in order to avoid or limit the consequences of the unavailability of the Services.
6.3 The availability of Services may be entirely or partially suspended or cancelled at any time. This may be done for any reason at our sole discretion. We are not liable for any direct or indirect damages, because certain acts could not have been performed or timely performed using the Services.
7 Blocking of Services
7.1 We reserve the right to block your access to the Services, the Security Code and/or Device, payment instructions and any other acts, when we at our sole discretion deem this fit. Reasons for doing so include, but are not limited to, security purposes such as unauthorized use, fraud or suspicions of fraud or any other wrongdoing. We may also block the Services when you do not meet your payment obligations, or we have reasons to believe you will not be able to do so.
7.2 You will be informed as soon as possible by us if we block your Services and give you the reasons therefor. However, we may refrain from informing you and/or providing you with the reasons in the event of fraud, money laundering, terrorist financing or any other wrongdoing or the suspicion thereof or to protect security or interest of others and in cases of force majeure.
8 Payments using the Services
8.1 Payments using the Services are bound to the terms and conditions and limitations, relating to the account attached to the Services. All limits on the account relating to for instance, payment order amounts and authorizations, apply.
8.2 Any payment order received on a day which is not considered a working day or at the end of a working day in Curaçao, will be considered to have been received on the following working day.
8.3 Payment orders may be subject to additional security measures by us or by a correspondent bank. In this respect, in order for the payment to be processed, we may request that you provide additional information and/or documents or may request to give confirmation of the payment order. You are obliged to comply with any and all such requests.
8.4 We may block or not carry out payments if we believe there are good reasons to do so. Reasons may include, but may not be limited to, failure to comply with the conditions of all the agreements between you and us, security, fraud, money laundering, terrorist financing or any other wrongdoing or for suspicion thereof. The payment orders will also not be carried out if a correspondent bank for any reason refuse to do so. We are not liable for any damages incurred by you for blocking or not carrying out the payment orders for any reason whatsoever. This included if a correspondent bank refuses to carry out the payment.
9 Bound to Legal Acts
9.1 You are bound to any legal act or other acts performed by using the Services. These legal acts include acts such as entering into an agreement and giving payment orders.
9.2 You are also bound by all legal and other acts other persons perform on your behalf via the Services, including using the Security Code and/or Device.
10 Incident Notification
10.1 You are obliged to report all incidents to us. An incident is when you or an authorized user become aware off or suspects that another person has access to your account and/or Security Code and/or Device.
10.2 The following will in any case qualify as an incident: loss, theft, misuse or falsification of the Service, an account or the Security Code and/or Device.
10.3 After the occurrence of an incident, block all apps and call us without delay at +5999 461 0888. We may require you to also submit a written report regarding the incident.
10.4 We assume no responsibility for any loss relating to the occurrence of an incident prior to the app being blocked and the incident being notified as described herein.
11.1 All notifications, other than as stated in the incident notification Article herein, must be done in writing. The notification must be sent to the address as stated in the applicable agreement between you and us and if it is not stated therein, at the registered address of SAI Bank.
11.2 SAI Bank may communicate via electronic or other means or even exclusively using certain services. If so, we will not be required to use any other communication methods.
12.1 In addition to the limitation of liability mentioned in the various Articles of these terms and conditions, we are not liable for direct or indirect loss incurred as a result of malfunctions or errors in infrastructure (such as such as power supplies), or telecommunications connections (such as connections for mobile and landline phones and for mobile and other Internet connections), or equipment, appliances and/or software of the bank or third parties, unless caused by gross negligence or intent on our part. We are also not liable for a measure taken by any national, foreign or international authority, measures taken by a supervisory authority or industrial action at third parties or in our organization.
12.2 In the event we are liable towards you, such liability is limited to direct liability. We shall never be liable for indirect damages such as lost profit, loss due to business interruption or consequential loss.
13 Termination of the agreement
13.1 You may terminate this agreement at any time by giving notice of at lease 30 days.
13.2 We may terminate this agreement with immediate effect and without notifying you in the following events:
(a) You no longer hold an account with us;
(b) You are declared insolvent, granted a suspension of payments, put under guardianship or an application has been submitted requesting the same;
(c) You lose legal personality.
13.3 In may also terminate this agreement in the event we have given you notice, in the following cases:
(a) You fail to fulfil one or more obligations, or it is foreseeable that you will not fulfil an obligation arising from the agreement, any other obligation to us or an obligation arising from the agreement to a third party, in the event that agreement is in connection with the Service;
(b) In the event it is detrimental to our business relationship with you or to our integrity or reputation or that there is a risk for damage to the financial sector;
(c) You are in breach of any applicable legislation or regulations;
(d) You reallocate to another country wish is considered a risk;
(e) you have been suspended, disqualified or dismissed from the performance of your duties or the practice of your profession;
(f) All or some of the shares in your capital are being transferred to another party, or there is an intention to transfer those shares; there is a change in
(i) the control over you or (ii) your management, or there is an intention to make such a change;
(g) You have submitted incorrect or unlawful information or made incorrect or unlawful statements: you have submitted incorrect or incomplete information to us or to others; you have withheld, destroyed or manipulated information or other facts that could result in loss or reputational damages for us or others;
(h) You, or its if it is a legal entity any of its directors, officers, employees, intermediary and ultimate beneficial owners, are suspected by any authority or by us, having committed an act relating to fraud, money laundering, terrorist financing or any other wrongdoing;
(i) Other grounds that may be included in other agreements between you and us relating to reasons for termination of such agreement.
13.4 Upon termination of this agreement, you will no longer have access to the Services. You must take measures, in advance, to ensure that you can always consult the information you need by other means.
Our administrative records constitute conclusive evidence against you. This is also applicable to the administrative records of the third parties we have called in.
15.1 We may from time to time amend, supplement or replace this agreement.
15.2 We can replace any provision of this agreement that is invalid or is no longer valid with a valid provision. The invalidity of a provision has no consequences for the other provisions of the Agreement or the general terms and conditions.
16 Applicable law and jurisdiction The laws of Curaçao govern this agreement. SAI Bank and you irrevocably submit to the jurisdiction of the competent Courts in Curaçao in connection with any disputes arising under this Agreement.