It is important that you read these terms and conditions carefully.  By accessing the website or using the online services available on BankNet, you agree to be bound by these terms and conditions which may change from time to time.  If you do not accept any of these terms and conditions you must immediately discontinue your access of this website and/or use of the services.  These terms and conditions apply to the extent applicable for transactions conducted at any branch of Emirates Bank PJSC.

The following terms and conditions apply to all Accounts, Account Holders and Subscribers (as defined below) of BankNet. (Introduced - 01/03/01).

1. Definitions
2. Electronic Banking Services
       General Provisions Applicable to Electronic Banking Services
       A. BankNet
       B. Mobile Banking
       C. BankLine
       D. mePDA
       E. Security
3. Types of Products
       A. Current Accounts
       B. Special Current Accounts
       C. Savings Accounts
       D. Currency Passport Savings Account
       E. Deposit Account
       F. Plan Account
       G. Credit Cards
4. Opening of Additional Accounts
5. ATM Cards
6. Cheque Deposit Box
7. General Terms & Conditions Applicable to all Accounts
       A. Deposits
       B. Withdrawals
       C. Minimum Balance Requirements
       D. Collections
       E. Banking Instructions by Facsimile
       F. Banking Instructions via BankNet's secured e-mail
       G. Hold Mail Service
       H. Standing Instructions
       I. Utility Payments
       G. Stop Payment Orders
       K. Return Cheques
       L. Demand Drafts, Telegraphic Transfers and Manager's Cheques
       M. Foreign Currency
       N. Statements
       O. Address
       P. Purchase/ Discounting Cheques
       Q. Service Fee and Charges
       R. Closing of Accounts
       S. Account Holder Information and Authority of Disclosure
       T. Segment Terms
8. Indemnity
9. Governing Law
10. Acceptance of Terms and Conditions

1. Definitions

Account: any account opened with the Bank including any additional accounts.

Account Holder: each and every holder of an Account, acting individually or together, whether one or more individuals or any sub-users appointed by them, who opened the Account and, where the Account is a joint, corporate or other business Account, account holder or holders as the case may be.

AED: United Arab Emirates Dirhams, the lawful currency of the United Arab Emirates.

ATM: automated teller machine.

Bank: Emirates Bank PJSC.

Banking Hours: 8.00 a.m. to 1.00 p.m. UAE Time from Sunday to Thursday and 8.00 a.m. to 12:00 noon UAE Time on Saturday.

Mobile Banking: mobile phone banking service which is a product of EBG which provides the Subscriber with the facility to view his/her Account information through a GSM phone.

BankLine: a telephone banking service which is a product of EBG that allows Subscribers to transact via telephone.

mePDA: an Internet banking service which is a product of EBG that enables the bank's customers to access their account details as well as make select transactions through GPRS enabled Personal Digital Assistants (PDAs). This service essentially provides access to EBG's online banking service (BankNet) via a PDA.

BankNet: an Internet banking service which is a product of EBG that provides access to the Subscriber to view and operate his/her Account through computer terminals connected to the Internet.

Business Day: a day on which the Bank is open to transact the businesses envisaged in these terms and conditions.

Card: an ATM and/or point of sale direct debit card.

Cardholder: the individual(s) to whom the Card is issued. Where the Card is requested by more than one authorised individual to an Account, all shall be jointly and severally bound by these terms and conditions.

EBG: Emirates Bank Group.

EB: Emirates Bank PJSC.

Electronic Banking Services: includes, for the purposes of these terms and conditions, Mobile Banking, BankNet and BankLine and "Electronic Banking Service" refers to any one of these services.

Mail: any paper mail or correspondence or electronically delivered mail.

Password: password created by the BankNet Service Subscriber in order to access the Bank Net Service.

PIN: personal identification number.

Schedule of Fees and Charges: the schedule of fees and charges levied by EBG or any of its branches as applicable to normal customer transactions and which shall be subject to change from time to time.

Security Information: means PIN, the security password, , and answers to secret questions that you have selected to enable access to your account.

Subscriber: the customer to whom any of the Electronic Banking Services are provided. Where the Service mandate is requested by more than one authorised individual to an Account, they shall be jointly and severally bound by the conditions mentioned hereunder.

UAE Time: United Arab Emirates standard time.

USD: United States Dollars, the lawful currency of the United States of America.

User ID: user identification defined by the BankNet Service Subscriber to access the BankNet Service.

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2. Electronic Banking Services

1. It is a condition precedent for the use of the Electronic Banking Services that the Subscriber maintains an Account with the Bank in the UAE. In the event where the account relationship is terminated for any reason or in the event of any breach of the terms and conditions herein contained, the Bank shall be entitled forthwith to cancel the Electronic Banking Services and they shall immediately cease to be available to the Subscriber.
    
2. The Bank reserves the right to refuse any application for any of the Electronic Banking Services and may, at its sole discretion, withdraw at any time all rights and privileges pertaining to any of the Electronic Banking Services.
    
3. The Subscriber undertakes to execute any additional documents that may be required by the Bank prior to provision of any modified/additional facilities under the Electronic Banking Services to the Subscriber. Where a Subscriber fails to comply with the above requirements, he shall not be eligible for such enhanced or modified Electronic Banking Services and the Bank will be entitled to withdraw the Electronic Banking Services provided earlier also.
    
4. Where the Electronic Banking Service is made available linked to an Account in two or more names with the Bank, it is acknowledged that, irrespective of whether the mode of operation of such account is joint or single, the Electronic Banking Service maybe accessed by each user according to the privilege granted to him/her by the Account Holder who has subscribed to the Electronic Banking Service.
    
5. Electronic Banking Services are provided entirely at the risk of the Subscriber who shall indemnify the Bank for all loss or damage, howsoever caused, resulting from the use of any of the Electronic Banking Services.
    
6. The Bank will not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the Electronic Banking Services.
    
7. The Subscriber acknowledges that the Bank is not liable to the Subscriber for failure to provide any or all of the facilities available under Electronic Banking Services attributable, either wholly or partly, to reasons beyond the Bank's control, including any technical malfunction/breakdown.
    
8. The Subscriber hereby, irrevocably and unconditionally without any right of objection, accepts any and all transactions arising from the use of the Electronic Banking Services, without limitation.
    
9. The Subscriber shall ensure sufficient drawing power in the Account to which the Electronic Banking Service relates before making any transfers. If for any reason an Account is overdrawn by the use of the relevant Electronic Banking Service, the Subscriber shall be responsible for immediately making up the deficit by a direct payment or transfer of funds from any other Account maintained with the Bank. Failure to comply with this condition shall entitle the Bank to cancel the relevant Electronic Banking Service and to recover any outstanding amounts and charges from the Subscriber in a manner deemed appropriate by the Bank.
    
10. The Bank's record of any transaction processed by the use of Electronic Banking Services shall be conclusive evidence of such transaction and binding on the Subscriber for all purposes.
     
11. The Bank shall not be responsible for any erroneous payments to utility company(ies)/credit card institution(s) arising out of wrong input of consumer/card number by the Subscriber. The Subscriber further confirms and agrees to waive any right which the Subscriber may otherwise have for holding the Bank responsible for any mistake or omission caused by the relevant Electronic Banking Service and any delay by the Bank due to reasons beyond its control in onward transmission of the funds to the utility company(ies)/credit card institution(s) which may result in disruption of the utility service or card related transactions.
     
12. The Subscriber also understands that in the event of part payment of the bill, the utility company(ies) may use its/their power to discontinue the utility service(s) in which event the Bank and/or the utility company(ies) will not be responsible therefore in any way.
     
13. The Bank shall debit the applicable fees and charges for any instructions through Electronic Banking Services from the Subscriber's Account. Such charges shall be as per the Bank's Schedule of Fees and Charges.
     
14. The Subscriber acknowledges that Electronic Banking Services are the property of EBG which has the copyright interest in all software and documentation of the Electronic Banking Services and subsequent amendments including user guidelines in any form.
     
15. The Subscriber agrees to treat the access rights, documentation or any other information related to Electronic Banking Services, strictly private and confidential at all times and shall not copy/reproduce the above in any form either in whole or in part or allow access to any other party without the Bank's prior consent in writing.  
     
16. The Subscriber agrees that the Bank has the right to withdraw any or all of the facilities under Electronic Banking Services, without assigning any reason, after serving a notice to the Subscriber by ordinary post or via e-mail.

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A. BankNet

1. New Accounts shall not be activated unless all the requisite documentation including a hard copy of the application form duly signed by all the Account Holders is received by the Bank.
    
2. Any requests received by the Bank through BankNet shall be deemed to have been rightfully authorised or originated from the Account Holder.
    
3. Where the Subscriber, before accessing any new facilities, is required to confirm his/her concurrence electronically for the associated terms and conditions, the Subscriber understands that such concurrence via electronic media will be sufficient and will be binding on the Subscriber for all intents and purposes.   
    
4. The Subscriber acknowledges that any printouts/statements or files or any other form in which any information or transactions pertaining to the Account has been downloaded/copied shall not be used in any dealings with third parties in whatsoever manner and the Subscriber agrees to indemnify the Bank against all loss or damage which may occur as a result of any violation to the above. 
    
5. The Subscriber undertakes not to disclose the Password and/or the User ID and/or any answers to the Subscriber's "secret" questions (questions to which answers are related specifically to the Subscriber) to any other person. In the event of the Password and/or the User ID and/or, the answers to secret questions becoming known to someone other than the Subscriber, that person may be treated by the Bank as an acting agent of the Subscriber and the Subscriber undertakes to indemnify the Bank against all loss or damage which may occur as a result of the Password and/or the User ID and/or the answers to secret questions becoming known.  
    
6. Whereas there is no maximum limit for transfer between accounts with the same basic number, in case of cross foreign currency transactions, the overall maximum transferable amount is limited to equivalent of AED 50,000/- (per banking business day) at the specific rates provided in the services.
     
7.  In the case of Telegraphic Transfers, the overall maximum transferable amount is restricted to the limits specified for the customer's segment.
    
8. In the case of foreign currency transactions, the overall maximum transferable amount is limited to the equivalent of USD 10,000 (per Business Day) at the specific rates provided in the BankNet Service, or such other limit as may be agreed between the Account Holder and the Bank.
    
9. The Subscriber acknowledges that no printed advice or confirmation will be issued by the Bank for any transaction conducted through this BankNet Service for transactions. 
    
10. The Account Holder will have the option to instruct the Bank via BankNet's secured e-mail and unless the Account Holder instructs the Bank in writing to the contrary, the Bank shall be authorised but not obliged to act upon such e-mail instructions. The Subscriber indemnifies the Bank for any loss or delay or claim or action caused as a result of the Bank acting on such e-mail instructions.
     
11. In addition, the Account Holder may request for the following services online (subject to the Account Holder's eligibility):
    (a) order new cheque books;
    (b) set up, amend or cancel a standing order from an Account;
    (c) cancel an ATM card;
    (d) cancel a demand draft or manager's cheque drawn on an Account;
    (e) request for balance confirmations;
    (f) request for renewal or withdrawal of fixed deposits held in the Account Holder's Deposit Account.
    
     
    Timings
    
12. The Subscriber understands that the date and the time on print-outs of transaction or confirmation advices bear the date and time of the Bank's main computer and that any transaction carried out before the cut-off time in Bank's record will be completed instantaneously and those after the cut-off time or on a non-Business Day, will be completed as next Business Day value transactions except as provided in paragraphs 3 and 4 of Section 7(L) of these terms and conditions.
       
    Viruses and Technical Problems
     
13. BankNet is accessed through the Internet which is a public system over which the Bank has no control.  It is therefore the Account Holder's duty to make sure that any computer or other device which the Account Holder's use to access the BankNet Service is free from and adequately protected against acquiring computer viruses and other destructive or disruptive components.
     
14. Due to the nature of the BankNet Service the Bank will not be responsible for any loss of or damage to the Account Holder's data, software, computer, telecommunications or other equipment caused by using the BankNet Service.
     
15. The Bank will not be liable to the Account Holder if the Bank is unable to perform its obligations under this agreement due (whether direct or indirectly) to: -
       - The failure of any machine, data processing system or transmission link;
       - Any period of essential maintenance, critical change, repairs, alteration to or failure of computer systems; or
       - Any industrial dispute anything outside the Bank's control or that of its agents or sub-contractors.
     
    Opening of Additional Accounts through BankNet
     
16. If an Account Holder requests the Bank to establish additional Accounts in his/her name through the use of his/her BankNet authorisation, such BankNet authorisations would then be construed to mean the Account Holder's consent and unless agreed otherwise operation of such Accounts and any related services will be governed by the Bank's Terms and Conditions as amended from time to time.
     
17. In consideration to the Bank opening the Account authorised by the Account Holder through the use of the BankNet Service, the Account Holder indemnifies the Bank against all losses and claims that may arise because of this.
     
18. The Account Holder further undertakes to provide to the Bank all related documents/information that may be required by the Bank for this/these Account(s) at their first instance, failing which the Bank shall have the right to block/close the Account(s) without further notice to the Account Holder and transfer the balance in this/these Account(s), less the Bank charges to the Account Holder's main Account with the Bank.

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B. Mobile Banking

1. Mandate:
   I/We hereby authorize and request Emirates NBD PJSC, United Arab Emirates ("the Bank") for providing Mobile Banking – SMS-based mobile banking service, upon terms and conditions for Subscription and Use set out below. The Bank may at any time vary these terms and conditions by posting the same in the Bank's Internet website and I/we hereby give my/our prior approval to such variations) and waive any right of contestation in respect thereof and fully agree to be bound by the same. I/We understand that this agreement supersedes all previous agreements, if any, between the parties hereto.
    
2. Terms and Conditions:
   In this Agreement the following terms and expression shall have the meaning assigned to them respectively: -
   The "Bank" means Emirates NBD PJSC. The "Subscriber" means the customer (individuals or corporate entity) to whom the service has been provided
   The "Equipment" means Mobile Phone(s) (GSM) or any equipment or device(s) approved by the Bank to provide the Subscriber's with this Service,
   The "Service" means mobile banking which is a product of Emirates NBD PJSC, Dubai, United Arab Emirates that provides the subscriber to view his/her account/ credit card related information as well as our Bank rates through GSM Phones.
   
   The Subscriber acknowledges, confirms and understands the following:
   
   Eligibility:
   1. It is a condition precedent for the use of Mobile Banking service that the Subscriber maintains an account with the Bank in the United Arab Emirates. In the event where the account relationship is terminated for any reason or in the event of any breach of the terms and conditions herein contained or surrendering of mobile phone connection or disconnection of mobile phone, the bank shall be entitled forthwith to cancel the service. Subscriber may be re-instated at the Bank's sole discretion and the Bank reserves the right to impose a reasonable reinstatement charge.
   
   2. The Bank reserves the right to refuse an application and may, at its sole discretion, withdraw at any time all rights and privileges pertaining to the service.
   
   3. Where the subscriber, before accessing any new facilities, is required to confirm his concurrence for the associated terms and conditions, subscriber understands that such concurrence communicated via any media including but not limited to digital, or electronic media will be sufficient and will be binding on the subscriber for all intents and purposes.
   
   4. Notwithstanding the above, the Subscriber undertakes to execute any additional documents that may be required by the Bank prior to provision of any modified or additional facilities under the service to the subscriber. To subscribe additional mobile phone(s) to an existing account may require additional documentation. Where a subscriber fails to comply with the above requirement, he shall not be eligible for such enhanced or modified service and the Bank will be entitled to withdraw the service provided earlier also.
   
   Mode of Operation:
   1. Where the service is made available linked to an account(s) in two or more names with the Bank, it is acknowledged that, irrespective of whether the mode of operation of such account(s) is joint or single, the service will be provided to one subscriber acting alone.
   The Bank also reserves the right to hold both/ all joint users liable for any damages arising therein.
   
   2. The Bank will transmit the Mobile Banking alerts data on time to the Service provider but the delivery of the data to the Subscriber's equipment depends on the Service Provider locally and abroad which the Bank is not responsible for.
   
   3. The Bank will transmit the data on time to the Service provider upon the receipt of any pull requests, but the delivery of the pull request to the Bank's systems and the subsequent delivery of the data to the Subscriber's equipment depends on the Service Provider locally and abroad which the Bank is not responsible for.
   
   4. Bank at its sole discretion shall have the absolute right to add new mobile operator to provide the customer with the service, the Bank may notify the customer with the new operator as deemed appropriate.
   
   5. The Subscriber can unsubscribe from Mobile Banking services through BankNET or by sending an SMS request. Each SMS request will be levied with the standard Etisalat charge applicable.
   
   Liability:
   1. The service is provided entirely at the risk of the Subscriber who shall indemnify the Bank for all loss or damage, howsoever caused, resulting from the use of the service.
   
   2. The Bank will not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the service.
   
   3. The Subscriber acknowledges that the Bank is not liable to the Subscriber for failure to provide any or all of the facilities available under Mobile Banking service attributable, either wholly or partly, to reasons beyond the bank's control, including without limitations any technical malfunction/breakdown.
   
   4. The Subscriber acknowledges that where the original communication was unsuccessful due to whatsoever reason, the Bank is not liable to retransmit any data till the next due date as per contracted frequency.
   
   5. In case of loss/theft of the subscriber's equipment, the subscriber undertakes to notify the bank in writing immediately of such instance to protect the interest of all parties. The Subscriber shall indemnify the Bank for all loss or damage on account of subscriber's failure to notify the bank of the loss of instrument.
   
   6. In case of change/disconnection of subscriber's mobile phone number(s) or equipment, the subscriber undertakes to notify the bank in writing immediately of such instance to protect the interest of all parties. The Subscriber shall indemnify the Bank for all loss or damage on account of subscriber's failure to notify the bank of the change/disconnection of Subscriber's mobile phone number(s).
   
   7. Incase of Subscriber's equipment lying unattended, the Subscriber undertakes to lock it prior to leaving it unattended. In the event of not locking it, the Bank is not liable for any breach of confidentiality of any data/information sent to the subscriber's equipment. The Subscriber acknowledges that he/she is solely responsible for protecting his/her mobile phone/devise.
   
   8. The Subscriber acknowledges that the Bank does not guarantee and is not liable for the security or confidentiality of any data transmitted to the Subscriber or across the network.
   
   9. The Bank will send the latest available data to Subscriber's equipment as an alert or as a pull request. The Subscriber acknowledges that this may not necessarily be the actual latest transaction data due to the possibility of all the bank's systems not being updated instantly. The Bank will not be liable to any loss or damage arising out of this.
   
   10. The Subscriber acknowledges that he/she is liable for any losses or damage resulting in the following:
   
   (a) Subscribers themselves or other people with Subscribers' permission who acted fraudulently
   (b) Attempt or obtain access to or destroy critical information (i.e., of other Subscribers)
   (c) Cause damage to the service or use the service to cause damage to others say, introduction of virus
   (d) Any virus or other harmful components that may occur while using the service
   (e) Subscriber's negligence
   (f) Errors or omissions in the information transmitted
   (g) Delay or failure in transmission
   (h) Subscribers breached of any of the Terms and Conditions
   
   Charges and fees:
   1. The Bank shall debit the subscribers account with fees & charges for any instructions through the service. Such charges shall be as per the Bank's Schedule of Charges for the various services. The Bank also reserves the right to make any changes to the fees and charges for the service or to the service Terms and Conditions at any time.
   
   2. The subscriber authorizes the bank to debit the subscriber's account with applicable fees and charges for the service of the previous month on the first working day of the subsequent month as determined by the bank at its own discretion.
   
   Confidentiality:
   1. The Subscriber acknowledges that the Mobile Banking Service is the property of Emirates NBD PJSC, Dubai, United Arab Emirates which has the copyright interest in all software and documentation of the service and subsequent amendments including user guidelines in any form.
   
   2. The Subscriber agrees to treat the access rights, documentation or any other information related to the service, strictly private and confidential at all times and shall not copy/ reproduce the above in any form either in whole or in part or allow access to any other party without the Bank's prior consent in writing.
   
   Account Services:
   1. The Subscriber agrees that the Bank has the right to withdraw any or all of the facilities under the service, without assigning any reason, after serving a notice to the Subscriber by ordinary post or via message to the subscriber's equipment.
   
   The terms and conditions contained herein shall be governed and interpreted in accordance with the laws of the United Arab Emirates as applied in the Emirate in which is situated the branch at which the Subscriber's relevant account is held. In the event of a dispute arising in relation to the use of the service, the courts of such Emirate shall have jurisdiction, provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the United Arab Emirates.
   
   The Subscriber confirms having read, understood and accepted the above terms and conditions in acknowledgement of which he/she has signed this application.

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C. BankLine

1. The Subscriber should not disclose the PIN to any person. In the event of the PIN becoming known to someone other than the Subscriber, that person may be treated by the Bank as an acting agent of the Subscriber and the Subscriber shall indemnify the Bank against all loss or damage which may occur as a result of the PIN becoming known. 
    
2. The funds transfer service is restricted for transfer from one Account to another of the same Subscriber and is limited to the equivalent of AED 50,000 (per Business Day) where cross foreign currency transactions are involved.

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D. mePDA

1. Where the Subscriber, before accessing any new facilities, is required to confirm his/her concurrence for the associated terms and conditions, the Subscriber understands that such concurrence communicated via any media including but not limited to digital, or electronic media will be sufficient and will be binding on the Subscriber for all intents and purposes. 
   
2. The mePDA Service is provided entirely at the risk of the Subscriber who shall indemnify the Bank for all loss or damage, howsoever caused, resulting from the use of the mePDA Service. 
   
3. In case of loss/theft of the Subscriber's equipment, the Subscriber undertakes to notify the Bank immediately of such instance to protect the interest of all parties. The Subscriber shall indemnify the Bank for all loss or damage on account of Subscriber's failure to notify the Bank of the loss of instrument. 
   
4. The Subscriber authorizes the Bank to debit the Subscriber's Account with applicable fees and charges in accordance with the Schedule of Fees and Charges for the mePDA at its own discretion.
5. mePDA is accessed through the Internet which is a public system over which the Bank has no control.  It is therefore the Account Holder's duty to make sure that any computer or other device which the Account Holder's use to access the mePDA Service is free from and adequately protected against acquiring computer viruses and other destructive or disruptive components.
   
6. Due to the nature of the mePDA Service the Bank will not be responsible for any loss of or damage to the Account Holder's data, software, computer, telecommunications or other equipment caused by using the mePDA Service.
   
7. The Bank will not be liable to the Account Holder if the Bank is unable to perform its obligations under this agreement due (whether direct or indirectly) to:
      - The failure of any machine, data processing system or transmission link;
      - Any period of essential maintenance, critical change, repairs, alteration to or failure of computer systems; or
      - Any industrial dispute anything outside the Bank's control or that of its agents or sub-contractors.
8. The Subscriber acknowledges that any printouts/statements or files or any other form in which any information or transactions pertaining to the Account has been downloaded/copied shall not be used in any dealings with third parties in whatsoever manner and the Subscriber agrees to indemnify the Bank against all loss or damage which may occur as a result of any violation to the above. 
   
9. The Subscriber undertakes not to disclose the Password and/or the User ID and/or any answers to the Subscriber's "secret" questions (questions to which answers are related specifically to the Subscriber) to any other person. In the event of the Password and/or the User ID and/or, the answers to secret questions becoming known to someone other than the Subscriber, that person may be treated by the Bank as an acting agent of the Subscriber and the Subscriber undertakes to indemnify the Bank against all loss or damage which may occur as a result of the Password and/or the User ID and/or the answers to secret questions becoming known.  
   
10. There are no restrictions on funds transferred through the BankNet Service to any Account in the same currency which the Subscriber maintains with the Bank.  There is also no maximum limit for such transfers. 
    
11. In the case of foreign currency transactions, the overall maximum transferable amount is limited to the equivalent of USD 10,000 (per Business Day) at the specific rates provided in the mePDA Service, or such other limit as may be agreed between the Account Holder and the Bank.
    
12. The Subscriber acknowledges that no printed advice or confirmation will be issued by the Bank for any transaction conducted through this mePDA Service for transactions.
13. The subscriber understands that he agrees to the terms and conditions for mePDA service together with the terms and conditions for the BankNET service, to which the subscriber has already agreed to while subscribing for the BankNET service.
14. The Subscriber acknowledges that he/she is fully aware and accepts any risks associated in using this service. These risks include, but not limited to, the possibility of any person/third party gaining access to confidential information while being transmitted to the Subscriber (or across the network)

Timings

14. The Subscriber understands that the date and the time on print-outs of transaction or confirmation advices bear the date and time of the Bank's main computer and that any transaction carried out before the cut-off time in Bank's record will be completed instantaneously and those after the cut-off time or on a non-Business Day, will be completed as next Business Day value transactions except as provided in paragraphs 3 and 4 of Section 7(L) of these terms and conditions. 

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E. Security

1. The Account Holder must agree to comply with the security procedures set out below.
    
2. The Account Holder must keep their Security Information secure and secret at all times, and take steps to prevent unauthorised use of it.  For example:
      - The Account Holder must never write the Security Information in a way that can be understood by someone else;
    
      - The Account Holder must never tell the Security Information to someone else including the Bank's staff;
    
      - The Account Holder must destroy any advice from the Bank concerning their Security Information promptly after receipt;
    
      - The Account Holder must avoid Security Information which may be easy to guess.
    
      - The Account Holder must never record the Security Information on any software which saves it automatically.
    
3. Once the Account Holder has logged on to the BankNet Service they must not at any time leave the internet terminal from which they have accessed the BankNet Service or let anyone else use the internet terminal until they have logged off the BankNet Service.  They will be responsible for ensuring that they have logged off the BankNet Service at the end of any session.
    
4. The Account Holder must not access the BankNet Service from any computer connected to a local area network (LAN) or any public internet access device or access point without first making sure that no-one else will be able to observe or copy their access or get access to the BankNet Service pretending to be the Account Holder.
    
5. The Account Holder must tell the Bank immediately of any unauthorised access to the BankNet Service or any unauthorised transaction or instruction which they know of or suspect or if they suspect someone else knows their Security Information, immediately.  The Bank will need the Account Holder to help the Bank and the police in trying to recover any losses.  The Bank may disclose information about the Account Holder or their Account to the police or other third parties if the Bank thinks it will help prevent or recover losses.
    
6. The Account Holder agrees to check carefully their records of transactions and statement of accounts and inform the Bank immediately of any discrepancy.

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1. The Bank issues a cheque book to the Account Holder to enable him to operate the Current Account. Depending on the manner of account opening by the Account Holder, cheque books may be collected from the Bank by the Account Holder in person, or sent by the Bank to the Account Holder via courier or hand delivery, or mail. The cost of courier or mail shall be deducted from the Account Holder's Account.  Where a cheque book has been mailed to the Account Holder, the Account Holder is liable for any loss resulting from any failure or delay with respect to its delivery.
    
2. The Bank issues an ATM card and PIN to the Account Holder to enable the Account Holder to operate the Account.  ATM cards and PINs may be collected from the Bank by the Account Holder in person or sent by the Bank to the Account Holder via courier or hand delivery or mail.  The cost of courier or mail may be deducted from the Account Holder's Current Account.  In the case where an ATM card or PIN has been mailed to the Account Holder, the Account Holder is liable for any loss resulting from any failure or delay with respect to the delivery of the ATM Card or PIN. 
    
3. Notwithstanding the above, and at the sole discretion of the Bank, ATM Cards will be activated only after hard-copy signed receipt is received and verified by the Bank.  The Account Holder indemnifies the Bank for any loss or damage caused as a result of fraudulent or forged signature of this hard-copy receipt. 
    
4. The Bank reserves the right to refuse to comply with any drawing instruction unless made by cheque.
    
5. The issue of customised cheque books is subject to payment by the Account Holder of the cost of customising.
    
6. The cheque book must be kept by the Account Holder in a safe place.  In the event of loss of the cheque book, the Account Holder must give immediate notice in writing to the Bank in order to minimise the risk of loss by fraudulent withdrawals.  The Bank shall not be liable for fraudulent withdrawals if such notice is not given.
    
7. The Bank does not accept any responsibility in the event of a post-dated cheque being inadvertently or otherwise honoured before the due date.
    
8. The total amount of cheques drawn on the Current Account but not yet presented for payment must not, at any time, exceed the credit balances in the Current Account and available for withdrawal.
    
9. The Bank is not obliged to honour cheques drawn against unrealised or uncleared payments into the Current Account.
    
10. The Bank will levy a charge as set out in its Schedule of Fees and Charges.
     
11. A Current Account may not be overdrawn except by previous arrangement with the Bank. In the event of a Current Account becoming overdrawn without such arrangement, for any reason, the Bank may charge interest at a rate as determined by the Bank.  Interest shall be calculated in accordance with the Bank's custom and practice and shall be debited to the Current Account each month or at such other intervals as the Bank in its sole discretion may decide.
     
12. The Account Holder accepts that he/she/they is/are solely responsible for all risks and expenses of foreign currency funds in his/her/their Current Account (including without limitation, risks arising from any international or domestic legal or regulatory restriction or other cause beyond the Bank's control) in respect of such funds. Withdrawals or dealings in foreign currency are also subject to the relevant currency being available at the Account Holder's branch.  Conversion from one currency to another shall be at the rate of exchange determined by the Bank from time to time.
     
13. The Account Holder also understands that the Bank does not allow for payment of any interest on the Current Account credit balances.

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B. Special Current Accounts

1. The minimum amount which may be drawn by cheque is AED 25. 
    
2. The maximum number of cheques that may be written is four (4) per calendar month and the Bank may levy a service charge as applicable per cheque issued if this limit is exceeded. 
    
3. Interest at such rates as are posted in the Bank and/or advertised from time to time shall be paid on the lowest credit balance in the Special Current Account maintained between the 6th and the last day of each month. The Bank shall not be liable to pay interest for any calendar month in which the credit balance in the Special Current Account falls below the prescribed minimum and/or for any interest period in which the interest amount is less than AED 5. Interest is credited to the Special Current Account at the end of each interest period, currently June and December in each year.
    
4. Special Current Accounts may not become overdrawn.

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C. Savings Accounts

1. The interest rate applicable to Savings Accounts from time to time is posted in the Bank and/or advertised from time to time. Interest payable is calculated by the Bank on the lowest credit balance in the Savings Account maintained between the 6th and the last day of each month. Deposits made between the 1st and 5th of the month attract a full month's interest, provided they are not withdrawn until after the end of that month. The Bank is not liable to pay interest for any calendar month in which the credit balance in the Savings Account falls below the prescribed minimum and/or, for any interest period in which the interest amount is less than AED 5. Interest is credited to the Savings Account at the end of each interest period, currently June and December in each year for savings account.
    
2. The cash withdrawal slips available at the Bank must be used in making all withdrawals from the Savings Account. The minimum amount which may be withdrawn from a savings account is AED 25.
    
3. The statement must be carefully checked on receipt and any error or discrepancy notified in writing to the Bank within one (1) month of the date of statement.  If no such notice is given by the Account Holder, the Statement is deemed to be correct and the Account Holder may not thereafter raise any objections to such statement.  If the Account Holder does not receive a statement of account for any period, it is the responsibility of the Account Holder to demand a statement from the Bank within one (1) month of the date on which such statement would normally have been sent to the Account Holder.

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D. Currency Passport Savings Account (CPSA)

1. A CPSA Account can be opened at the Bank in major international currencies such as US Dollars (USD), Great Britain Pounds (GBP), Swiss Francs (CHF), Australian Dollars (AUD), Canadian Dollars (CAD), Japanese Yen (JPY), Euro (EURO),and any other currency as the Bank may allow from time to time.
    
2. The Account Holder agrees that any deposit made in any of the eleven (11) European legacy currencies will be redenominated in EURO as per the prevailing rate from the date when legacy currencies will cease to operate.
    
3. There is no restriction on the number of withdrawals per month and the maximum amount that may be withdrawn except that the minimum balance specified from time to time should be preserved.
    
4. Interest is payable on the minimum balance maintained during the month at the rate specified for the month. However, if the specified minimum balance is not maintained during any month (i) no interest will be paid for that month and (ii) minimum balance charges, as applicable, will be levied for that month.
    
5. The cash withdrawal slips available at the Bank must be used in making over the counter all withdrawals from the CPSA Account.
    
6. Withdrawals can be made by cash in AED only. Withdrawals by manager's cheque or by bank draft, mail or telegraphic transfer can be made either in the currency of the CPSA Account or in any convertible currency.  Internal transfers made using the BankNet Service are possible in the same currency of the CPSA Account only.
    
7. Depositors will be advised of the interest rates applicable for each currency for each calendar month by means of an advertisement in a daily newspaper published in the UAE. The rate payable on a CPSA Account will be determined on the first day of each month at the discretion of the Bank. The Bank reserves the sole right to determine the rate of interest each month.
    
8. Deposits made between the 1st and 5th day of each month inclusive will attract a full month's interest provided they remain in the CPSA Account up to and including the last day of the month.
    
9. The interest payable for each calendar month will be calculated on a 30 day basis at the rate referred to in paragraph 10 above, on the minimum monthly balance maintained in each CPSA Account between the 6th and last day of each month inclusive, such interest will be credited to each CPSA Account quarterly in January, April, July and October of each year, or at such other intervals as the Bank in its discretion may decide.

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E. Deposit Account

1. In the case of a term deposit, interest is payable at the agreed rate and frequency.
    
2. In the case of a call/notice deposit, interest is payable at such rates as are posted in the Bank and/or advertised from time to time. The Bank is not liable to pay interest for any calendar month in which the credit balance on the call/notice Deposit Account falls below the prescribed minimum.  Interest is credited to the Deposit Account at the end of each interest period, (currently quarterly).
    
3. In the case of a call deposit, twenty-four (24) hours' notice is required for any withdrawal from the Deposit Account. Withdrawals of all or part of such deposits are to be made by letter to the Bank.  In case of term/notice deposits, a seven (7) day notice is required for withdrawal from the account.
    
4. In the event of a request to withdraw funds sooner than the expiry of the notice period referred to in paragraph 3 above, or in the event of a request to withdraw before maturity, all or part of funds deposited on a term basis, the Account Holder will be subject to an interest penalty to be determined by the Bank at its sole discretion.
    
5. Unless otherwise instructed by the Account Holder on or before the date of maturity, a time deposit may be automatically renewed for like periods of time at the interest rate determined by the Bank in accordance with prevailing market returns in respect of such deposits.
    
6. An Account Holder may mature his deposit at a branch of Emirates Bank or request for the same through BankNet.
     
7. Account Holder requests regarding a Deposit Account which are received, at the latest, one hour before the end of Banking Hours will be processed on that same Business Day. Account Holder requests regarding a Deposit Account which are received within one hour of, or after, the close of Banking Hours, will be processed on the next following Business Day.
    
8. All transactions processed shall be subject to the foreign exchange rates and interest rates which are applicable for the Business Day on which the request was processed and not the Business Day on which the request was made or received.  Foreign Exchange rates displayed on this web site or in the Banks' premises at the time of receipt of the request by the Bank are indicative rates only.
    
9. In consideration of refunding the value in lieu of an original Deposit Confirmation Advice which has been lost/stolen/destroyed /misplaced, the account holder agrees to indemnify the bank against all claims and demands in respect of the said Deposit Confirmation Advice and from and against all losses, damages, costs, charges and expenses which the bank sustains in respect thereof or may be liable for in the event of the said Deposit Confirmation Advice being in anyway dealt with or being presented to the Bank at any future time.

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F. Plan Account

1. A Plan Account may be denominated either in AED or USD. The applicable interest rate shall be determined from time to time by the Bank, which shall provide depositors with details of the prevailing rate on request. Such rate shall nevertheless be not less than 0.5% per annum above the Bank's interest rate from time to time for UAE Dirhams or US Dollars Savings Accounts (as the case may be).
    
2. Interest on a Plan Account will accrue on the amount of cleared funds standing to the credit of that Plan Account at the end of each day and shall be paid biannually in May and November of each year by crediting the Plan Account.
    
3. Full or partial withdrawals may be made on application to the Bank and on due completion of the prescribed procedure. No partial withdrawal will be permitted if (together with any applicable charge) it would have the effect of reducing the balance on the Plan Account below AED 1000 or USD 300 (as the case may be). All withdrawals made prior to maturity shall be subject to a service charge of one (1) percent of the amount withdrawn or AED 10 whichever is higher, except when the Bank decides to terminate the scheme. Cash withdrawals may be made from Plan Accounts only in AED 4. Withdrawal of funds from Plan Accounts can only be made either at a branch of the Bank or by a transfer to another Account through the BankNet Service.
    
4. The scheme shall be available and shall continue only upon the discretion of the Bank. One (1) month advance notice would be given to Account Holders if the Bank decides to discontinue this scheme, prior to which date its duration shall have been reviewed, and, if appropriate, extended at the Bank's discretion upon due notice to Account Holder.

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G. Credit Cards

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1. Subject to any minimum balance and service fee requirements, an Account Holder may establish additional Accounts in his/her name. Unless agreed otherwise, such Accounts will be governed by these Terms and Conditions. 
    
2. The Account Holder undertakes that these Terms and Conditions shall apply to all Accounts.

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1. It is a condition of issue and use that the Cardholder maintains a current or Savings Account with the Bank at a branch of the Bank in the UAE. In the event of the Account being closed for any reason, the Card shall immediately be returned to the Bank by the Cardholder and its validity shall cease.
    
2. This card is issued for use only on electronic machines capable of accepting VISA/ELECTRON/NSWITCH/UAESWITCH Cards for EB Account Holders and so authorised and may not be used to obtain credit of any description on the strength of the Card.
    
3. The Card shall remain the property of the Bank at all times
    
4. The Bank may, at its sole discretion, cancel the validity of the Card and request its return at any time, in which case the Cardholder shall immediately comply with such request. 
    
5. The Card is issued entirely at the risk of the Cardholder who shall indemnify the Bank for all loss or damage howsoever caused resulting from the use of the Card. 
    
6. The Cardholder undertakes not to disclose his/her PIN to any other person. In the event of the PIN becoming known to someone other than the Cardholder, that person may be treated by the Bank as an acting agent of the Cardholder and the Cardholder shall indemnify the Bank against all loss or damage which may occur as a result of the PIN becoming known. 
    
7. The Cardholder shall take every possible care to prevent the Card from being lost, mislaid or stolen and shall not pass the Card to any other person. 
    
8. The Cardholder shall notify the Bank immediately if the Card is lost, mislaid or stolen or if it comes into the hands of a third party or if the Pin is unwittingly or otherwise is disclosed or made available to a third party. 
    
9. Where verbal notice of loss or theft is given, it must be confirmed in writing to the Cardholder's branch of the Bank. 
    
10. The Bank shall debit the Cardholder's Account with the amount of any withdrawal/transfer payment of telephone, water, electricity bills/payment for goods and services at point of sale terminals and all such payments as effected by the use of the Card along with the related Bank charges. 
     
11. The Cardholder shall at all times remain liable for any transaction made by the use of the Card and shall indemnify the Bank for all loss/damage howsoever caused by any unauthorised use of the Card or related PIN. The Bank's record of transactions processed by the Card shall be conclusive and binding for all purposes, in particular for the purpose of legal evidence. 
     
12. The amount of any Card transaction in a currency other than UAE Dirhams will be converted into UAE Dirhams at a rate of exchange determined by the Bank for the date when the relevant Card transaction is debited to the Card account. A handling charge will be levied on all transactions from non EBG ATMs.
     
13. The Cardholder accepts all debits made to the Account arising from the use of the Card without limitation, (except after written notice of loss has been received and acknowledged by the Bank).
     
14. The Cardholder shall ensure sufficient drawing power in the Account to which the Card relates before making any withdrawals. If for any reason the Account is overdrawn by the use of the Card, the Cardholder shall be responsible for immediately making up the deficit by a direct payment or transfer of funds from any other Account maintained with the Bank. Failure to comply with this condition shall entitle the Bank to cancel the Card and/or make a transfer on the Cardholder's behalf (if more than one Account is maintained with the Bank). 
     
15. The Bank reserves the right to limit the total cash sum withdrawn by the Cardholder during any twenty-four (24) hour period and to advise the Cardholder of such limits from time to time. 
     
16. The Bank's record of any transaction generated electronically or otherwise shall be conclusive evidence of such transaction. 
     
17. The amount stated on the ATM screen or printed ATM enquiry slip shall not be taken as conclusive of the state of the Account with the Bank. 
     
18. The Bank shall not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the Card or the ATM or the temporary insufficiency of funds in such machine. 
     
19. Any deposit made through the ATM will be subject to verification by the Bank which shall be binding and conclusive for all purposes. 
     
20. If the ATM card is not collected for 4 (four) weeks from the date of issue, the card shall be cancelled and a replacement issued.  A fee shall be levied as per the Bank's Schedule of Service Charges for the replacement ATM card.

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1. All cheques are accepted for credit to the Account subject to realisation.
    
2. All items for deposit are accepted by the Bank on the understanding that the depositor assumes full responsibility for the genuineness and correctness of all signatures and endorsements appearing thereon.
    
3. The Bank is not responsible for any loss of cheque/instruments deposited or delay in clearing of cheques.
    
4. The decision of the Bank on the contents of the envelope will be considered final.
    
5. The Bank shall not be responsible for any delay by the Bank due to reasons beyond its control in onward transmission of the funds to the utility company (ies)/card company (ies) which may result in disruption of the utility service and card related transactions.  In the event of part payment of the bill, the utility company may use its power to discontinue the utility service in which event the Bank or the Utility Company will not be responsible therefore in any way.

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1. The Bank is entitled to debit the Current Account(s)/Special Current Account(s) for any cheques, bills of exchange, promissory notes and orders for payment drawn, accepted or made by the authorised signatory (ies) and to carry out any instructions given by him/her/them or by attorney(s) duly authorised by him/her/them in connection with the Account(s) notwithstanding that any such debiting or carrying out may cause, such Account(s) to be overdrawn or any overdraft to be increased, but always without prejudice to the Bank's right to refuse to allow any overdraft or increase of overdraft.
    
2. The Bank is entitled to place to the credit of any Account in Account Holder joint names all amounts, including dividends, interest and capital funds arising from securities or proceeds of cheques or bills, received or collected by the Bank for the credit of the Account Holder.
    
3. In the event of the death of any one Account Holder, the survivor(s) undertake(s) to advise the Bank in writing of such death becoming known to him/her/them within ten (10) days thereof and in the absence of such written notice acknowledged by the Bank, the survivor(s) shall be liable for any claim on the Bank arising from continuation of the Account(s) and the Bank shall not be held liable for allowing operations in the Account(s).
    
4. The Account Holder is personally and separately fully liable in addition to being jointly liable for any overdraft or the obligation arising in or in connection with the Account(s) and the Bank is hereby authorised to debit the Account(s) with all interest commission and/or other banking charges and expenses (including legal charges) incurred in connection with the Account(s).
    
5. The Account Holder agrees that the title of his/her Account will not give any person any right to the benefit of any particular current, saving, call, fixed or other Account and that the Account opening form will determine whether the particular current, saving, call, fixed or other Account is single or joint. However, those Account Holders who are also Subscribers of the BankNet Service may define a person (the "Sub-User") and the privileges attached to the Sub-User to access certain Accounts and services related to those Accounts held by the Account Holder. In the event that an Account Holder appoints a Sub-User, the Account Holder shall be deemed to have ratified all actions carried out by the Sub-User through the BankNet Service according to the granted access to him/her assigned by the Account Holder. The Bank shall accept instructions from a Sub-User as if they had originated from the Account Holder. The Account Holder indemnifies the Bank and holds the Bank harmless from any loss, claim, demand, action, damage, costs or fees which may arise or be made by reason or on account of any act or omission by the Sub-User.
    
6. If the Bank receives conflicting instructions from different signatories to the Account, the Bank shall have the option to require a fresh mandate from all the signatories or Account Holders before giving effect to any instructions.  This does not apply to BankNet Services where transactions take place online. 
    
7. In addition to any general lien or any other right or remedy to which the Bank may be entitled, the Bank may at any time and without notice combine and/or consolidate all or any Accounts held by the Account Holder with the Bank and all or any of the liabilities of the Account Holder to the Bank and set-off or transfer any sums standing to the credit of any such Account in or towards the satisfaction of any such liability whether such liability be actual or contingent, primary or collateral, several or joint.  The Bank may further take a pledge or other security as it thinks fit over any property owned by the Account Holder in the possession of the Bank for whatever reason and exercise the Bank's rights in respect of such pledge or other security in satisfaction of all or any such liabilities.
    
8. Any delay or omission of the Bank in exercising or enforcing (whether wholly or in part) any right or remedy arising in respect of the Account(s) shall not be construed as a waiver of such right or remedy.
    
9. If any information or documentation is provided to the Bank such as partnership agreements, Memorandum and Articles of Association, bye-laws, then any amendments thereof, certified by the Account Holder/s must be promptly delivered to the Bank.
    
10. Any deposits or withdrawals in respect of any Account may be made at any of the Bank's branches in the UAE or elsewhere subject to the production of evidence of identity satisfactory to the Bank and to payment of fees and charges as set out in Schedule of Fees and Charges.  These rates are displayed on the BankNet Service and are applicable for Accounts on the actual opening date when all Account opening requirements are available, not on the date of request for new Account Holders. 
    
11. The rate of any interest payable on any Deposit Account may be displayed by the Bank at its various branches in the UAE or on the BankNet Service and the Account Holder accepts that this may be subject to change without notice to the Account Holder. Interest on any such Deposit Account will accrue, in arrears from day to day or, as otherwise determined by the Bank (in its absolute discretion), and be credited by the Bank to any such Deposit Account.

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A. Deposits

12. Deposits may only be made at a branch of the Bank by completion of one of the Bank's forms. Cash deposits which cannot be verified immediately are accepted by the Bank on the condition that the Bank's subsequent count will be conclusive as to the amount deposited.
     
13. A cash deposit receipt is not valid unless it is computer generated or authenticated by an authorised official of the Bank.

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B. Withdrawals

14. Withdrawals are permitted from a branch of the Bank on presentation of orders acceptable to the Bank as to form and signature.

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C. Minimum Balance Requirements

15. The Account Holder must maintain minimum balance in his/her Account as set by the Bank from time to time. The Bank reserves the right to review the Account periodically and levy a service charge or close the Account if balances fall below the required minimum.
     
16. The Account Holder agrees to maintain the required minimum balance as applicable for the type of account. The minimum balance shall be decided by the Bank from time to time at its own discretion and posted in the Bank premises.

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D. Collections

17. As the Account Holder's collecting agent, the Bank assumes no responsibility whatsoever and shall only permit withdrawals upon final payment to the Bank. The Bank reserves the right to: 
     
    (a) Route each item for collection in accordance with normal practice;
     
    (b) Refrain from presenting, demanding, collecting or giving notice of non-payment or dishonour on days which are not Business Days;
     
    (c) Refuse to accept for collection any item presented by the Account Holder; and
     
    (d) Debit the Account for any cheque or instrument credited to it which is not subsequently honoured.
     
18. All cheques are accepted for credit to the Account subject to realisation. 
     
19. Items are accepted for collection and transmission only at the Account Holder's own risk and the Bank will not be responsible for any neglect, or error on the part of its correspondents, nor for their solvency or that of their sub-agents, nor will the Bank be responsible for loss or delays occurring in the course of transmission of any bills or documents attached thereto nor the authenticity or regularity of any such bills or documents. Proceeds will be credited after realisation.
     
20. All items for deposit are accepted by the Bank on the understanding that the Account Holder assumes full responsibility for the genuineness and correctness of all signatures and endorsements appearing thereon. Any item deposit receipt is not valid unless it is system validated or authorised by an official of the Bank.
     
21. The Account Holder agrees that if the collection item is forged, counterfeit or is another country government cheque, it can be returned after the legally stipulated period of that country. So, in any one of such events, the Account Holder's Account will be debited for the value of the returned item, plus any charges thereof, whenever the same is returned, irrespective of the length of time taken to return it.
     
22. The Bank shall collect cheques and other instruments deposited for collection, directly or indirectly or through any agents at the entire risk and responsibility of the Account Holder. Should the Bank or any of the agents receive in exchange, another payment instrument, the same conditions shall apply to the collection of such instrument.
     
23. The service by the Bank of accepting from the Account Holder to deposit with them for collection/clearing of third party cheques (post-dated or current) drawn on other bank(s), is without any responsibility on the Bank's part. The Account Holder therefore indemnifies the Bank against all third party claims and demands and waive all rights which the Account Holder may otherwise have in respect of loss, damage, misplacement or theft of the said cheques including non-advice to the Account Holder concerning the same.
     
24. The Account Holder further indemnifies the Bank against any delay or oversight on their part in submitting the post-dated cheques on due dates for collection/clearing or non-advice to a/c holder in the event of the said cheque not being fully met.
     
25. The Account Holder agrees to keep the Bank indemnified against all actions, proceedings, liability, claims, damages, costs and expenses in relation to or arising out of acceptance of such cheques in the said Account and to pay to the Bank on first written demand all payments, losses, costs and expenses suffered or incurred by the Bank in consequence thereof or arising therefrom, and irrevocably authorise the Bank to debit to the Account all such payments, losses, costs and expenses.
     
26. The Account Holder irrevocably authorises the Bank to make any payments and comply with any demands which may be claimed from or made upon the Bank thereunder without any reference to or further authority from the Account Holder and agree that any such payments which the Bank shall make accordingly shall be binding upon the Account Holder and shall be accepted by the Account Holder without any contestation.
     
27. In consideration of the Bank granting the Account Holder the facility of taking cheques to the drawee banks for special clearing personally or through a representative duly authorised the Account Holder, the Account Holder hereby agrees and undertakes to do the following:
     
    (a) The said cheque(s) will be taken by the Account Holder or by the Account Holder's authorised representative to the drawee bank(s) at the Account Holder's own risk and responsibility;
     
    (b) The clearing proceeds issued by the drawee bank will be deposited by the Account Holder with the Bank forthwith;
     
    (c) The Bank will stand indemnified against the loss or misplacement of the said cheque(s) taken by the Account Holder/authorised representative or the clearing proceeds issued by the drawee bank;
     
28. This undertaking is given to the Bank in addition to and not in substitution of any other rights and securities which the Account Holder may give or has already given to the Bank from time to time.
     
29. The Account Holder's liability under this indemnity is a continuing one and will remain in force irrespective of whether or not the account relationship continues with the Bank and irrespective of any supervening event occurring in relation to the Account Holder including, without limitation, death, bankruptcy or liquidation.

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E. Banking Instructions by Facsimile 

30. If the Account Holder requests this service, the Account Holder will have the option to instruct the Bank by facsimile and unless the Account Holder instructs the Bank in writing to the contrary, the Bank shall be authorised, but not obliged, to act upon facsimile instructions with regard to the Account Holder's Account(s) with the Bank, including without limitation with regard to funds transfer to, from and within the Bank, breaking of deposits, rollovers, settlements of deposits, opening/negotiation of letters of credit, issuance of guarantees, collection of cheques/documents and all other banking transactions believed by the Bank to be issued by or originated from the Account Holder if such instructions purport to be issued by or are believed by the Bank to be received from persons authorised to operate upon the Account as per the mandate given to the Bank in each case whether or not such instructions are genuine and/or authorised. So long as the Bank believes in good faith that the instructions are genuine and authorised by the Account Holder, the Bank may act upon such instructions and shall not be required to obtain confirmation from the Account Holder that any such instructions are the Account Holder's genuine instructions.
     
31. The Bank may however, at its discretion decline to act upon instructions unless and until written confirmation has been obtained from the Account Holder.
     
32. The Account Holder agrees that the Account Holder shall exonerate/indemnify the Bank, its directors, officers, and employees against any claim in regard to loss, cost, damage, expense, liability or proceedings which they or any of them may occur or suffer (direct or indirect) as a result of the Bank or any such, director, officer or employee acting upon or refraining from acting upon instructions and the Account Holder acknowledges that neither the Bank nor any of its directors, officers or employees shall be under any liability to the Account Holder or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instructions in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Bank may debit any of the Account Holder's Account(s) with any amount paid out pursuant to the receipt of instructions.
     
33. The Account Holder undertakes to confirm by letter, all transactions individually and also to provide originals of promissory notes, indemnities, Letters of Credit applications and any other legal documents that have to be provided by the Account Holder for the transactions that are initiated by facsimile instructions, immediately after the execution of such transactions and all documents will have the wordings "PLEASE AVOID DUPLICATION".

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F. Banking Instructions via BankNet's secured e-mail

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G. Hold Mail Service

34. If the Account Holder requests this service, the Bank will hold all mail, addressed to the Account Holder for a maximum period of 3 months from receipt and such mail will be deemed to have been received by the Account Holder.  The Account Holder will collect any mail so held personally or, through an authorised person, unless the Account Holder  advises the Bank to the contrary in writing. The Bank is authorised to charge a reasonable fee for this service and to hold, open and/or handle all such mail in such manner as the Bank deems fit. If the Account Holder fails to collect any such mail the Bank may forward it to the Account Holder in accordance with paragraph entitled "NOTICE" and in doing so the Bank shall be discharged from all responsibility or liability.
     
35. Notwithstanding that until the Account Holder has collected any mail, the Account Holder may not have knowledge of the contents of the mail which may have legal consequences or affect the Account Holder's rights with the Bank, the Account Holder shall bear the risks of any such consequences.
     
36. The Account Holder's ignorance of the contents of any mail being held by the Bank is not, and will not, be a defence to the Bank's claims for all purposes and in all courts of law whether before or after termination of the Account Holder's account relationship with the Bank.

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H. Standing Instructions

37. The Bank will process any standing instruction from the Account Holder if the Account Holder has sufficient clear funds available in the Account.
     
38. The Account Holder hereby agrees to retain sufficient funds in the Account Holder's Account for effecting the above payment.
     
39. The Account Holder agrees that neither the Bank nor the Bank's branches, correspondents or agents are responsible for any loss, delay, error or omission arising out of any mode of communication used for effecting this payment.
     
40. If the Account has insufficient funds for two (2) successive instalments, the Bank may cancel the above standing order.
     
41. Any amendment or request for cancellation of the same will be informed to the Bank well in advance before the next payment is due.

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I. Utility Payments

42. The Bank shall not be responsible for any delay by the Bank due to reasons beyond its control in onward transmission of the funds to the utility company(ies)/credit card company(ies) which may result in disruption of the utility service and credit card related transactions.
     
43. The Bank shall not be responsible for any erroneous payments to utility company(ies)/credit card institution(s) arising out of wrong input of consumer/card number by the Subscriber. The Subscriber further confirms and agrees to waive any right which the Subscriber may otherwise have for holding the Bank responsible for any mistake or omission caused by the BankNet Service and any delay by the Bank due to reasons beyond its control in onward transmission of the funds to the utility company(ies)/credit card institution(s) which may result in disruption of the utility BankNet Service or Card related transactions.

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J. Stop Payment Orders

44. Subject to clause (2) hereunder, payment of a cheque may only be stopped by order of a court in the UAE or the UAE Central Bank. The Account Holder shall indemnify the Bank and hold the Bank harmless against any damages incurred by the Bank in connection with any such stop payment order.
     
45. Instructions for stop payment of cheque are accepted only if the cheques have been stolen or if the cheques have been reported lost or the payee has become insolvent. The Bank accepts no responsibility for any failure to comply with such instructions. Further the Bank is not liable for any consequences and cost including without limitation legal fees and penalties which may arise out of its compliance with such instructions.
     
46. The Account Holder's instruction to stop payment of any cheque will not be accepted by the Bank unless it is given in writing and is for reason of loss or theft of the cheque or bankruptcy of the payee. The Account Holder shall be solely responsible for the consequences of such instruction and shall fully indemnify the Bank for any loss, damages, expenses (including legal expense) which the Bank may suffer or incur as a result of carrying out the stop payment instruction. The Bank shall have the right to block the amount of the cheque, payment of which is stopped.

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K. Return Cheques

47. The Bank shall not be liable or responsible for failure to give notice of non-payment or dishonour of any cheque, or for any claims, losses or expenses which may arise as a result of returning a dishonoured cheque, whether by ordinary or registered mail or any other means. The Bank reserves the right to debit the Account with the amount of any cheque which was drawn or endorsed in favour of the Customer (whether or not the cheque is drawn on the Bank, its branches, affiliates or subsidiaries) that has been credited to the Account and is subsequently unpaid, whether or not the cheque itself can be returned.

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L. Demand Drafts, Telegraphic Transfers and Manager's Cheques

48. The Account Holder understands that the Account Holder may be unable to obtain full value under a demand draft or manager's cheque or pursuant to a telegraphic transfer on account of exchange or other restrictions applicable to the paying bank or charges and fees of the paying bank.
     
49. The Account Holder may make a request for these services on BankNet subject to the overall limits set out in these terms and conditions. The processing of such requests, however, shall be at the discretion of the Bank.
     
50. Account Holder requests for demand drafts, managers cheques and telegraphic transfers received, at the latest, one hour before the end of Banking Hours will be processed on that same Business Day. Account Holder requests for Demand Drafts, Managers Cheques and Telegraphic Transfers which are received within one hour of, or after, the close of Banking Hours, will be processed on the next following Business Day.
     
51. All transactions processed shall be subject to the foreign exchange rates which are applicable for the Business Day on which the request was processed and not the Business Day on which the request was made or received.   Foreign Exchange rates displayed on this web site or in the Banks' premises at the time of receipt of the request by the Bank, are indicative rates only
     
52. The Account Holder agrees that the purchase by the Bank of a demand draft or manager's cheque previously issued at the Account Holder's request will be at the Bank's discretion and transacted at the Bank's buying rate for the currency of the draft or cheque.
     
53. Unless the Bank receives special instructions from the Account Holder, the Bank may convert all transfers to the Account Holder's Account into the currency of the Account at the Bank's selling rate for the currency.
     
54. All transfers requested by the Account Holder shall be converted by the paying bank into local currency at its buying rate unless the payee has made special arrangements with the paying bank.
     
55. The Account Holder agrees that the Bank shall not be liable for any act or omission of the Account Holder or any correspondent or paying bank or for any error or delay in transmission.  The Account Holder also agrees to indemnify and hold the Bank harmless against all losses, damages and expenses incurred by the Bank in relation to any demand draft or manager's cheques issued by the Bank or any telegraphic transfers made by the Bank upon the Account Holder's instructions in whatever manner received.
     
56. In consideration of the Bank refunding the value/ issuing the Account Holder a duplicate copy in lieu of the original demand draft/ manager's cheque which has been lost/ stolen/ destroyed/ misplaced, the Account Holder hereby agrees to indemnify the Bank and to keep the Bank indemnified from and against all claims and demands in respect to the demand draft/manager's cheque that has been lost/ stolen/ destroyed/ misplaced and from and against all losses, damages, costs, charges and expenses which the Bank sustains in respect thereof or may be liable for in the event of this demand draft/manager's cheque being in any way dealt with or being presented to the Bank at any future time.
     
57. In regard to the remittance request/order which the Account Holder from time to time addresses to the Bank through direct instructions without using the Bank's standard telegraphic transfer/demand draft/manager's cheque application form and in consideration of the Bank acting on such instructions the Account Holder hereby declares and understands that neither the Bank nor correspondents are responsible for any delay, mistake or omission however caused or mutilation arising in the transmission of cables, telegrams or communication of any kind whatsoever by electronic systems.
     
58. The Account Holder undertakes to indemnify the Bank in respect of any overpayment resulting from such mutilation or mistake and authorises the Bank to make a direct debit to the Account Holder's Account with the Bank for such overpayment.

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M. Foreign Currency

59. In the absence of specific written instructions, remittances received in a currency for which there is no corresponding Account shall, at the discretion of the Bank, be credited to an already existing Account or shall be maintained in the currency received.
     
60. Deposits in foreign currencies may be accepted by the Bank at its sole discretion. 
     
61. Withdrawal in foreign currency bank notes shall be subject to their availability.
     
62. The Bank reserves its right to charge the Customer commission on cash deposits and withdrawals to/from foreign currency accounts if such deposits and withdrawals are in the same currency as the Account.
     
63. The Bank will not be held liable for any exchange loss incurred by the Account Holder in converting/transferring the balance from one currency account to another currency account of the Account Holder.

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N. Statements

64. The Bank will be dispatching the statement of account to its Account Holder's address stated in the application at the agreed frequency. 
     
65. However, the Bank shall suppress in the system, the generation of statements, and discontinue their despatch if the statements despatched to the Account Holder's address as appearing in the Bank's record, are returned undelivered consecutively on two (2) or more occasions till such time the Bank is provided with an alternative address for mailing the statements.
     
66. The undelivered statements shall be collected from the Bank's premises after serving a sufficient notice for retrieval from the system.
     
67. The Bank shall be absolved from any consequences, losses, damages, claims or other rightful acts which Account Holder may otherwise have against the Bank, arising either directly or indirectly, of Bank not despatching the statements of accounts. Furthermore the Account Holder understands that the Bank will not be responsible in any way for the Account Holder's inability to verify the correctness or the propriety of the entries in the statements, owing to the Bank withholding the statements, and agrees to indemnify and hold the Bank indemnified against any loss, damage, claims which may arise by virtue of above.
     
68. The Bank sends a statement of account to the Account Holder as follows:
     
69. Current Accounts/ Special Current Accounts          -    Monthly
    Currency Passport Savings Accounts/Call Accounts -    Quarterly
    Savings Accounts                                             -    Half Yearly
     
70. The statement must be carefully checked on receipt and any error or discrepancy notified in writing to Bank within one (1) month of the date of statement. If no such notice is given by the Account Holder, the statement is deemed to be correct and the Account Holder may not thereafter raise any objections to such statement. If the Account Holder does not receive a statement of account for any period, it is the responsibility of the Account Holder to demand a statement from the Bank within one (1) month of the date on which such statement would normally have been sent to the Account Holder.

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O. Address

71. The address stated by the Account Holder in the Account Opening Form (the "Permanent Address") shall be the place of domicile on which the Account Holder shall receive all notices, summons, demands and claims in respect of the Account Holder's Account(s) or any dispute in relation thereto and service of the same on the Account Holder on this address shall be deemed to have been duly made in the event where the Account Holder fails to notify the Bank with any changes thereof.  The Permanent Address may be modified by the Account Holder through the BankNet Service.

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P. Purchase/ Discounting Cheques