PT BANK DBS INDONESIA DEFINITIONS AND … · (Surat Ijin Mengemudi, "SIM") or Passport, ......
Transcript of PT BANK DBS INDONESIA DEFINITIONS AND … · (Surat Ijin Mengemudi, "SIM") or Passport, ......
Version : DBS 136(1) 2014 1
TERMS AND CONDITIONS
FOR INDIVIDUAL ACCOUNT OPENING AND PROCEDURE OF
PT BANK DBS INDONESIA
These Terms and Conditions for Individual Account Opening and Procedure of PT Bank DBS
Indonesia (“Terms and Conditions”) govern legal relationship between PT Bank DBS Indonesia and
each person who uses the Bank’s services and who is a prospective or existing account holder
(”Customer”) at the Bank in relation to all products and services available to the Customer.
A DEFINITIONS AND INTERPRETATION
1. DEFINITIONS
In these Terms and Conditions, unless the context determines otherwise, the following terms
shall have the meaning as defined below.
"ATM" means ATM (Automated Teller Machine) services;
"Bank" means PT Bank DBS Indonesia, Jakarta principal office, and its branch offices,
including its and their successors in title and substitutes;
"Deposit", which is usually also referred to as fixed deposit, means a Bank’s product which is
similar to savings and subject to a specified period of time during which funds deposited by
the Customer may not be withdrawn and may be withdrawn only on its maturity date;
"Flexi Fixed Deposit" means a fixed deposit account which has 1 month + 7 days tenor and
is flexible like savings in terms of fund withdrawals;
"Business Day" means each day specified by Bank Indonesia (“BI”) on which all banks
throughout Indonesia are open for business, and not required by BI to be closed, including,
without limitation to, clearing services;
"Collection" means the Bank’s service for collection of payments for commercial paper to any
third party in other place or city within the country;
"Periodical Instruction" means a written instruction issued by the Customer to the Bank to
take the actions set out in section D of clause 6, which instruction shall be effective as of the
time it is issued until its revocation in writing by the Customer or to be automatically no longer
effective upon the expiry of the period specified by the Customer in the written instruction.
"Instrument" means written payment instructions (cheques), written transfer instructions
(bilyet giro), drafts, bank’s drafts and other similar means of payment or transfer instruction;
“Participant” means each person, firm, company or organization in Indonesia or other places
who or which, from time to time, participates or involves directly or indirectly in providing ATM
Services;
"PIN" means the "Personal Identification Number" issued by the Bank to the Customer to
be able to use ATM services;
"Account" means saving accounts, giro accounts or loan which withdrawal can be made at
any time by using an Instrument, either existing or other accounts which will be opened in the
future under the Customer's name;
Version : DBS 136(1) 2014 2
"DBS Maxi Account" means the DBS savings/giro product which is called Maxi and has a
feature that allows automatic conversions into Flexi Fixed Deposits.
A reference herein to “applicable fees", “applicable commissions”, "applicable charges”,
“applicable minimums”, and "applicable rates” shall be a reference to the fees,
commissions, charges, minimums and rates set from time to time by Bank.
2. INTERPRETATION
Unless defined otherwise, in these Terms and Conditions:
(a) headings are inserted not for interpreting the purposes of the articles.
(b) words and terms used in singular form shall include their plural form and vice versa.
B GENERAL TERMS
1. ACCOUNT OPENING
(a) A Customer or a prospective Customer who intends to open an account with the
Bank must submit an application in writing to the Bank by attaching, at least, the
following documents:
(i) National Identity Card (Kartu Tanda Penduduk, "KTP"), Driving License
(Surat Ijin Mengemudi, "SIM") or Passport, in case of individual Customer;
(ii) Taxpayer Registration Number (Nomor Pokok Wajib Pajak, "NPWP");
(iii) specifically for Foreigners (Warga Negara Asing, "WNA"), Temporary
Resident Card (Kartu Izin Menetap Sementara, "KITAS") or Permanent
Resident Card (Kartu Izin Tinggal Tetap, "KITAP") must be provided in
addition to passport;
(iv) and such other documents as the Bank may require from time to time,
as specified in Bank Indonesia Regulation on the Implementation of Know Your
Customer Principles as may be amended from time to time.
(b) If all the requirements under point (a) are satisfied, the Customer shall sign the Terms
and Conditions and provide his/her specimen signature which must be identical to the
signature identified in the KTP, SIM or Passport or other personal identification
documents provided by the Customer to the Bank.
(c) The Customer represents and warrants that:
(i) the Customer is not currently listed in the Blacklist issued by BI;
(ii) the Customer will be responsible for any misuse or withdrawing of his/her
Instruments;
(iii) each Instrument request must be made in writing by the Customer and the
return of the first sheet (receipt) of the Instrument must be done at the time
of the Instrument received by the Customer or the person authorized by
him/her;
(iv) the Customer is not objected to his/her account being closed and his/her
name being listed in the Blacklist whenever he/she withdraws a blank
Instrument as specified in section C of clause 1 (Current Accounts and
Provisions on Cheques and Giros);
Version : DBS 136(1) 2014 3
(v) the Customer releases the Bank, if acting as the party receiving a payment or
transfer instruction from the Customer (the withdrawee), from all legal actions against
each legal consequence that arises from the rejection of the Instrument made by the
Customer;
(vi) the Customer is willing to comply with the terms governing the signing of an
Instrument, payment of duties, stamps and other terms governing Instrument
withdrawal;
(vii) the Customer will immediately notify the Bank on any change in his/her data
or identity, including, without limitation to, changes of address or office
address, telephone number and NPWP;
(viii) in case of the Customer opens a Joint Account, he/she is required to comply
with the provisions on Joint Accounts as set out in section B clause 6 (Use of
Joint Accounts);
(ix) in case of the Customer opens Current Account and Savings Account, he/she
is required to comply with the following provisions:
"crossed cheque" or "not negotiable" cheque presented to the Bank must
be deposited into an account and cannot be withdrawn in cash;
The Bank may, at its own discretion, refuse to act on instructions to stop
perform a payment of an Instrument, unless before the payment is made by
the Bank, the Bank has received a written statement that the relevant
Instrument is lost. The Bank shall not responsible if a payment has been
made before receiving an official report from the police;
The Bank will pay an interest based on Bank’s applicable rate of interest for
saving account, which is calculated on a daily balance basis (excluding
deposit with Instrument which will be provided later). The interest will be
credited monthly after tax deduction. If the last day of the relevant month falls
on a public holiday, the interest rate for that day will be counted in
accordance with the balance on the preceding Business Day. No interest is
payable if the daily balance is below the minimum amount required for the
account.
(d) Bank may require such other things as it considers necessary in the Terms and
Conditions in order to prevent misuse of an Instrument by the Customer or
unauthorized parties.
(e) A copy of the Terms and Conditions which have been signed by the Customer must
be provided to the Customer together with the Instrument used to withdraw funds in
the account.
(f) Account opening becomes effective if and only if approved by Bank.
(g) The funds available in the account are included in the guarantee program organized
by the Indonesia Deposit Insurance Corporation (LPS, Lembaga Penjamin
Simpanan) in accordance with the terms and conditions determined by LPS.
Version : DBS 136(1) 2014 4
2. PROVISION OF FUNDS AND DEPOSIT
(a) The Customer must provide adequate funds in his/her account which is maintained
with the Bank, as set out in the statement letter for prime customer service or such
other amount as determined and notified by the Bank from time to time pursuant to
the provisions of applicable laws. If the combined balance per month is in average
below the amount determined by the Bank, a monthly fee will be charged by referring
to the rate and fee information contained in the brochures, website or other media
applicable at the Bank.
(b) Deposit of funds into the account may be made after the Customer has filled out a
form and enclosed the data required by the Bank as specified in point 1 (Account
Opening). The Bank will send to the Customer a report on the position and Bank’s
calculations of the Customer’s funds available in the account (“Account Statement”)
periodically or at such other time as requested by the Customer and approved by the
Bank.
(c) Unless the Bank determines otherwise, the Bank may accept an Instrument to be
credited to Customer’s account. If the Bank views that the Instrument cannot be
credited to the Customer’s account, the Bank will notify this matter to the Customer
not later than 14 (fourteen) Business Days since the date of the Instrument was
presented to the Bank. The Bank is authorized from time to time to determine
whether a document can be or cannot be credited into the Customer’s account.
Before making deposit for such Instrument to the Bank, the Customer must warrant
and confirm that the data contained in the Instrument to be deposited is all correct.
The Bank is not bound to complete any data that are not contained in the Instrument.
(d) In case of Collection, the Customer cannot make withdrawals in respect of the
Instrument until it is credited by the Bank. If the Bank is required to credit the
Customer’s account with withdrawal proceeds, such credit shall always be claimed
back from the Customer at the amount so credited when withdrawal is rejected, or the
amount received by the Bank is less than the amount credited. In each withdrawal, all
costs paid by the Bank will be charged to the Customer’s account, including clearing
fees for local collections, telex and commission fees for international collections by
referring to the rate and fee information contained in the brochures, website or other
media applicable at the Bank, pursuant to the terms and conditions applicable at the
Bank.
3. WITHDRAWAL
(a) The Bank permits the issuance or submission of an Instrument from the Customer to
a holder (“Withdrawal”), and the Bank will debit Customer’s account when the Bank
receives an application form for debiting an Instrument which contains a specimen
signature accepted by the Bank and so long as the application is in accordance with
the terms and conditions governed by the Bank.
Version : DBS 136(1) 2014 5
(b) Each change in the Instrument or other withdrawal application must be confirmed by
withdrawer’s full signature which conforms to the specimen signature.
(c) The Bank is not bound to pay each withdrawal application if (1) the funds available in
the Customer’s account is not adequate, unless there is an agreement which
provides otherwise, or (2) if the Bank determines that the withdrawal application
contains a signature that is different from the specimen signature provided to the
Bank even if such application was issued by an authorized party, or (3) for other
causes subject to the provisions of the applicable laws and/or prudential banking
principle.
4. CLOSING OR CANCELLATION OF ACCOUNT
(a) Pursuant to the provisions of point 4(b) below, the Bank may close the Customer’s
Account without the Customer's approval and without being obligated to give
explanation of the same. The Bank will give notice not later than 7 (seven) Business
Days prior to closing of such account. With regard to the balance containing in that
Account, the Customer can withdraw it. In the event that the Customer does not
withdraw the balance in the closed Account, the Bank will place that balance in an
escrow account or such other accounts as designated by the Bank. The Bank will not
pay interest on the balance containing in the account that will be closed.
(b) Without prejudice to the general provisions of these Terms and Conditions, the
Customer agrees that the Bank may close his/her Account at any time if: (1) balance
in the account is below the applicable minimum requirement; (2) the Customer's
account becomes inactive; (3) the Customer committed a breach in relation to a
cheque or bilyet giro; (4) the Customer committed a breach under the applicable laws
and regulations.
(c) The Customer may for a specific reason ask the Bank to close his/her account.
(d) In the event that the Customer’s account is closed:
(i) the Customer agrees that all the advantages received in relation to the Account will
end.
(ii) the Customer agrees to pay the cost or costs payable to the Bank, including cost
for closing the account, SDB fees, and stamp duty fees by referring to the rate and
fee information contained in the brochures, website or other applicable media at
the Bank and return the cheque or bilyet giro book to the Bank.
(iii) the Customer agrees that the Bank is not responsible for the payment of
cheques, bilyet giros or other fund withdrawal applications submitted to the
Bank after the Account is closed.
(iv) the Customer agrees that the Bank will transfer the funds remaining in the
Account to the account designated by the Customer.
(v) these Terms and Conditions will continue to be in full force until all of
Customer’s obligations have been fully performed.
Version : DBS 136(1) 2014 6
(e) The Bank may, at its own discretion or consideration, cancel the opening of the
account applied for by the Customer without his/her approval and without being
obligated to give explanation of the same, unless so required by the applicable laws.
(f) The Customer may cancel the Account opening which has been applied by giving a
written notice to the Bank.
5. OPERATION OF ACCOUNTS
(a) The Customer agrees that the Bank is not liable for any losses incurred by the Customer
or other persons if the Bank has acted based on the instructions provided via
facsimile or other means and the Customer agrees to fulfill all provisions in
accordance with the statement letter for instructions via facsimile or other means
determined by the Bank.
(b) The Customer agrees that the Bank is not liable for any losses or damages incurred
by the Customer or other parties as the result of the Bank’s receives double
instructions, unless such losses or damages incurred by the Customer or other
parties, based on a final court decision have been proven, caused by the fault and/or
negligence of the Bank’s management and/or employees working for the Bank.
(c) The Customer agrees that the Bank may employ the service of correspondent banks
or agents and that the Bank is not liable for any losses or damages incurred by the
Customer or other persons resulted from the acts or omissions or delays in taking
actions of those parties, unless the such losses or damages incurred by the
Customer or other parties, based on a final court decision have been proven, caused
by the fault and/or failure of the corresponding banks and/or agents working for the
Bank.
6. USE OF JOINT ACCOUNT
In the event that an account is registered under two or more Customers' name:
(a) the credit balance in that account at any time is owned by all of the account holders
or the surviving account holder as the owner of joint account. The parties are jointly
and severally responsible for all obligations arising from the joint account;
(b) the account may be used at the instruction of one of the account holders and will bind
the other account holders. However, in the event that the Bank receives different
instructions from each of the account holders, the Bank will only act in respect of the
joint Account when it has received instructions from all the account holders whether
or not the Account requires one or more signatures from the holders; and
(c) If the Account is registered under two or more names of account holders, (1) in the
event that such account is operated by using one signature, the Bank has the right to
act on written instructions from one of the account holders (without further
authorization from or notice to the other account holder(s)) to close the Account; and
(2) in the event that such account is operated by using joint signature, the Bank has
the right to act on written instructions of all the account holders to close the Account.
Version : DBS 136(1) 2014 7
(d) these Terms and Conditions and all obligations set out herein shall bind the account
holders jointly and severally. In the event that the Customer opens a Joint Account,
the name which is listed the first is the Main Account Holder. Based on the above:
(i) the Customer agrees that each correspondence for the Joint Account will be
sent only to the Main Account Holder;
(ii) the Customer and the other Joint Account holders are jointly and severally
responsible for the repayment of all amounts due to the Bank in connection
with the Joint Account.
7. COSTS AND TAXES
(a) All costs, taxes, interest and fines payable for the services provided by the Bank and
other amounts due from the Customer to the Bank in relation to the product or other
services, including default interest which is paid in accordance with the provisions of
these Terms and Conditions or other agreements in relation to credit facility
extension, or other costs, will be paid by debiting the Customer’s account, event if
such debit may result in overdraft of the Customer’s account.
(b) Fees for an inactive Account with credit balance below the minimum balance
specified by the Bank from time to time and notified by the Bank in accordance with
the provisions of applicable laws or fees for closing all the Customer’s accounts.
(c) In the event that the Bank appoints lawyers to exercise or protect its rights or to settle
a dispute relating to the monies available in an account, whether by legal proceedings
or other settlements, the Customer warrants to reimburse the Bank for all costs
incurred in connection with that event, including legal fees (on lawyer and client
relationship basis).
(d) All amounts payable by the Customer under these Terms and Conditions must be
paid in full without deduction, set-off or restrictions or any kind of conditions
whatsoever and clear and free from any taxes or deductions whatsoever. In the event
that the Bank is required by law or regulation to make deduction or withholding on
account of taxes or other reasons for every payment to the Bank, the Customer must
pay additional sum in the amount equivalent to such deduction or withholding and
ensure that the Bank receives the full amount of the payment free and clear of taxes
or any kind of deduction whatsoever as the amount which the Bank should have
received had such taxes or deductions not been made.
8. FOREIGN EXCHANGE TRANSACTIONS
(a) The Customer agrees if he/she makes cash withdrawal, based on his/her instructions,
the Bank may pay in cash in a foreign currency other than the Account’s currency.
(b) The Customer agrees that, if a transaction is concluded in a currency other than the
Account’s currency, the Bank may convert the proceeds of the transaction into the
Account’s currency at the Bank’s applicable rate of exchange and the Bank may
charge the Customer for that conversion pursuant to the Bank’s applicable rules.
Version : DBS 136(1) 2014 8
(c) The Customer agrees that, if there is a foreign exchange transaction from Rupiah, the
Customer will deliver a statement letter and such supporting documents as required
by the Bank pursuant to the applicable rules.
Pursuant to Bank Indonesia Regulation No. PBI 16/16/PBI/2014 & PBI
16/17/PBI/2014 regarding purchase of foreign currencies in relation to Rupiah with
Bank and SE BI 16/14/DPM regarding purchase of foreign currencies in relation to
Rupiah between the Bank and the Domestic and SE BI 16/15/DPM regarding
purchase of foreign currencies in relation to Rupiah between the Bank and Foreign
Party (this provision is subject to change if any amendment is made to the Bank
Indonesia regulation), the procedures applicable for the conversion are as follow:
(i) The Customer or the foreign party making a foreign currency purchase transaction
against IDR, in the value of up to US$100,000 (one hundred thousand United
States Dollars) per month per Domestic Customer or foreign party through spot
transactions from all banking systems in Indonesia, is obligated to deliver a duly
stamped or authentic statement letter that his/her purchases of foreign currencies
in relation to IDR do not exceed US$100,000 (one hundred thousand United
States Dollars) from all banking systems in Indonesia.
(ii) the Domestic Customer who purchases foreign currencies against Rupiah
with the Bank in the amount exceeding US$100,000 (one hundred thousand
United States Dollars) or the equivalent per month per Domestic Customer,
must enclose the following documents:
(A) Transaction Underlying Documents that support the transactions and
can be accounted for;
(B) Supporting Documents including Photocopy of the Customer’s
identification documents and taxpayer registration number
(NPWP)for customers and duly stamped written statement signed by
the customer’s authorized person or authenticated statement from
customer that include such information:
Authenticity and Validity of the underlying documents
Transaction underlying documents were only used to purchase
foreign currency against Rupiah, in the maximum amount
equivalent to the nominal value identified in them, in the
Indonesian banking system.
(C) Amount needed, intention and date of foreign currency usage, in
terms of the transaction underlying documents was estimation.
(iii) If a foreign party purchases foreign currencies against Rupiah with the Bank
in the amount exceeding US$100,000 (one hundred thousand United States
Dollars) or the equivalent per month per foreign party through spot
transactions, must enclose the following documents:
Version : DBS 136(1) 2014 9
(A) Underlying Documents that support the transactions and can be
accounted for;
(B) Supporting Documents in the form of authenticated statement from
customer that include such information:
Authenticity and Validity of the underlying documents
Transaction underlying documents were only used to purchase
foreign currency against Rupiah, in the maximum amount
equivalent to the nominal value identified in them, in the
Indonesian banking system.
(C) Amount needed, intention and date of foreign currency usage, in
terms of the transaction underlying documents was estimation.
(iv) If Foreign Party Customer received transfer Rupiah, which was derived from
transactions other than derivative transactions in the amount exceeding
US$1,000,000 (one million United States Dollars) or the equivalent per day
per foreign party, customer must enclose the underlying documents that
support the transactions and can be accounted for the Bank.
9. ACCOUNT STATEMENT
(a) The Customer will carefully examine each Account statement. The Customer agrees
that such statement is deemed correct if he/she raises no objection in writing within a
period of 14 (fourteen) days of the date of the statement.
(b) If the Account statements do not arrive at the Customer’s address, the Customer
agrees that the Bank may stop printing the Account statements until the Bank
receives a notice in writing or in such other manner as the Bank may apply, from the
Customer regarding new correspondence address.
(c) The Customer agrees that the Bank may correct any mistakes in the data contained
in each account statement and notice.
(d) The Bank shall be released from all claims and losses incurred in relation to debit or
credit transactions set out in the Account statements if such statements are
considered to be correct by the Customer.
10. INADEQUATE BALANCE
(a) The Bank may refuse to perform the Customer’s instructions if the balance in the
Customer’s Account is inadequate. If the Bank, in its sole discretion, performs
instructions resulting in debit balance in the Customer’s Account, the Customer is
deemed to have accepted incidental overdraft facility pursuant to Bank Indonesia
regulations and accepts the Bank’s requirements applicable for overdraft facility.
(b) If more than 1 cheque and/or bilyet giro and/or payment instruction and/or withdrawal
instruction is addressed to the Bank at the same time and the credit balance in the
Account is not adequate, the Bank may, in its sole discretion, determine which of the
cheques and/or bilyet giros and/or payment and withdrawal instructions is to be
prioritized first in terms of payment.
Version : DBS 136(1) 2014 10
11. CUSTOMER’S DEATH, INSOLVENCY, AND UNKNOWN WHEREABOUTS
(a) In the event that the Customer passed away, the Bank has the right to:
(i) keep each credit balance in the Customer’s account without prejudice to the
Bank’s rights over such balance which may arise out of guarantee, charge,
pledge, set-off, other claims or counterclaims, whether actual or incidental, or
other costs in relation to each action deemed necessary to be taken by the
Bank in relation to claims from other parties;
(ii) close the Customer’s Account by giving prior notice to his/her heirs no later
than 7 (seven) Business Days before the account is closed;
(iii) require the delivery of a heir designation letter or an official letter, including,
without limitation to, a statement from a notary as specified in the Bank’s
internal rules. The transfer of the Customer’s estate to his/her heirs or their
representatives or to an executor of the Customer’s estate releases the Bank
from any obligation, as set out in these Terms and Conditions.
(b) Subject to the provisions of point (a) above, if there are two or more Customers
named in an account, and one of them passed away, the Customer agrees that the
balance in the Account is owned by the surviving Customers and heirs of the dead
Customer, and the operation or closing of the Account will also be subject to
instructions from the heirs and the surviving Customers. The Customer agrees that
the Bank may operate or close the Account only upon receipt by the Bank of a death
certificate, heir certificate issued by a Notary and/or government authority and/or a
court of competent jurisdiction, and other related documents in complete sets as set
out in the procedures upon Death of Customer identified in the brochures, website or
other media applicable at the Bank.
(c) If the Customer’s whereabouts is unknown, the Bank has the right to keep the credit
balance in the account without prejudice to the Bank’s rights over such balance which
may arise out of guarantee, charge, pledge, set-off, other claims or counterclaims,
whether actual or incidental, or other costs in relation to each action deemed
necessary to be taken by the Bank in relation to claims from other parties
(d) In the event of the Customer’s insolvency, the Bank has the right to act for and/or in
line with the requests made by a curator or other agencies authorized to declare
insolvency of the Customer, as required by and in accordance with the applicable
laws and the Bank may require documents specifying written statements from
government authorities or the relevant court in relation the Customer’s insolvency and
other relevant matters.
(e) Upon documentations period as mentioned above, either those relating to death or
insolvency of the Customer, which are delivered to the Bank, the Bank will look into
them carefully to check if they can be used as evidence, but the Bank is not
responsible for whether or not they are true, genuine, valid or complete and whether
or not they have been translated correctly or interpreted properly. Subject to the
Version : DBS 136(1) 2014 11
conditions imposed and the release given by the aforesaid persons, the Bank may act
on the instructions of those persons and the payment made by the Bank to them shall
be valid and appropriate evidence of the satisfaction of the Bank’s obligation to the
Customer or his/her substitutes and successors in title.
(f) The Bank shall be released from all claims, demands, suits, proceedings and any
kind of actions whatsoever made by heirs, executors or administrators of the
Customer who has passed away, insolvent or whose whereabouts is unknown.
12. INACTIVE ACCOUNT (DORMANT)
(a) In order to protect customer funds, the Bank reserves the right to change the
account status from active to inactive/dormant account, if there is no debit
transaction on customer account made by customer for 6 (six) consecutive months
for the current account or for 12 (twelve) consecutive months for savings account.
(b) During the dormant status of the account, then all debit transactions and some
credit transactions especially related to fund transfer through Sistem Kliring
Nasional/SKN, Real Time Gross Settlement/RTGS, Telegraphic Transfer/Telex
cannot be executed, unless the transaction is related to Bank charges.
(c) The activation of dormant account status can be done based on the request of the
customer in accordance with Bank’s prevailing activation procedure from time to
time.
C PRODUCTS
1. CURRENT ACCOUNTS AND PROVISIONS ON CHEQUES AND GIROS
(a) The Customer understands that the Bank will accept a cheque or other instrument of
order to pay to a third party only if:
(i) the cheque or such other instrument of order to pay does not contain the
words “Paid Account” or “Non-Negotiable”; and
(ii) the cheque or such other instrument of order to pay has been endorsed
properly; and
(iii) the Customer has provided all information required by the Bank regarding
transfer and endorsement of the instrument of order to pay or the acceptance
of the same by the Customer.
(b) The Customer agrees that, if the fund from the cheque or such other instrument of
order to pay have been credited to an Account and the cheque or the instrument of
order to pay is later rejected for any reason, the Bank may withdraw or take back the
same amount of funds from that Account and the Bank may hold such instrument of
payment. The Customer also agrees to reimburse the Bank for all losses, costs,
damages, and expenses which the Bank may have incurred in relation to the rejection
of the instrument of order to pay or for claims made by other parties in relation to
such instrument of order to pay.
Version : DBS 136(1) 2014 12
(c) The Customer understands that he/she is fully responsible for any misuse of a
cheque/bilyet giro.
(d) The Customer agrees that in the event that he/she breaches any of the provisions on
cheque or bilyet giro withdrawal, the Bank will close the Account and the Customer's
name will be listed in the National Blacklist (DHN, Daftar Hitam Nasional).
(e) The Customer shall release the Bank from all legal actions and liabilities against any legal
consequences that may arise from the rejection of a blank cheque/bilyet giro.
(f) In the event of a post-dated cheque:
(i) without taking into account the date specified in the cheque, if the holder
presents the Customer’s cheque before the date specified in the cheque, the
Bank will pay or transfer funds to the extent that it meets the formal
requirements and there is adequate balance or fund in the Account.
(ii) if the post-dated cheque is not supported by adequate balance in the Account
or the Account has been closed, such Customer’s Cheque may be classified
as a blank cheque (cek kosong).
(g) The Customer agrees that the Bank may reject a cheque/bilyet giro in accordance
with the applicable banking regulations.
(h) The Customer agrees that the Bank may refuse to pay cheques, giros and withdrawal
letters in accordance with the provisions of applicable banking regulations.
(i) The Customer will not withdraw a cheque or giro or try to make withdrawals using any
instrument (including Periodical Instruction) unless there are adequate funds in the
Account for disbursement and agrees that the Bank may return without payment all
cheques or giros or slips or withdrawal forms and may refuse to make other
payments if the funds available in the Account are inadequate.
(j) The Customer understands that he/she will always make sure that there are
adequate funds available in the Account to cover all withdrawals made out of it.
(k) The Customer agrees that he/she can stop the circulation of a cheque only if he/she
submits a written request to the Bank. The Customer agrees that the Bank shall not
be responsible for its inability to stop the circulation of a cheque or other payment.
(l) The Customer agrees that he/she can stop a Periodical Instruction if he/she requests
the Bank to do so within 7 (seven) days before the date on which the Periodical
Instruction is to be carried out.
(m) In the event that the Bank returns the funds of a cheque which was stated to be lost,
the Customer agrees to compensate the Bank for all claims, losses, costs, damages
and expenses incurred if the cheque is then presented and the Customer must return
the original cheque to the Bank if it is found.
(n) In the event that the Customer is listed in the National Blacklist pursuant to the
applicable rules of BI, the Bank can close the Account and the Customer is obligated
to provide an amount of funds into an escrow Account designated by the Bank to pay
any outstanding Instruments withdrawn by the Customer. In this case, the Customer
Version : DBS 136(1) 2014 13
shall immediately return to the Bank each unused Instrument and other property of
the Bank held by the Customer.
(o) The closing of an account will not release the Customer from his/her outstanding
obligations to the Bank. Each amount remaining in the closed Account will be used to
pay the obligations outstanding on the Instruments issued.
2. DBS ACCOUNT (DBS MAXI)
FLEXI FIXED DEPOSIT FOR DBS ACCOUNT (DBS MAXI)
The Customer agrees that, if total of the funds remaining in each Customer’s DBS Maxi
Account, as determined by the Customer, is greater than Rp 100,000,000 (one hundred
million Rupiah), such funds will automatically be placed in Flexi Fixed Deposit. However, if the
minimum balance requirement for DBS Maxi, which is Rp 25,000,000 (twenty five million
Rupiah), is not met or not adequate for the Customer’s transactions, this Flexi Fixed Deposit
will automatically be cashed per multiple of Rp 50,000,000 (fifty million Rupiah), and if such
cashing results in the Flexi Fixed Deposit being less than the minimum balance, the amount
remaining in the balance of the Flexi Fixed Deposit will be cashed into DBS Maxi account.
3. DEPOSIT
3.1. DEPOSIT APPLICATION
(a) Fixed Deposit Application (“Application”) is a proof of Deposit in the name of the
depositor identified in it as an instrument that is non-negotiable and non-transferable
to other party. In the event that the depositor dies, the nominal value of and the
interest accrued on the deposit under this Application will be paid, at the time of or
upon maturity, by the Bank to the lawful heirs of the depositor.
(b) The nominal value of the Deposit may be paid in Rupiah or any of the foreign
currencies available at the Bank with fixed period, according to the depositor’s wish
and with the Bank’s approval.
(c) The applicable rate of interest is subject to the Bank’s applicable rules on the
currency date or extension on the applicable date. The interest paid into the Account
is paid after deduction for taxes.
(d) If this Deposit is not cashed on the maturity date or on its extension, it will
automatically be extended, subject to the following:
(i) deposited in the same nominal value and for the same period; and
(ii) has such interest rate and subject to such other rules issued by the Bank as
are applicable at the maturity date or on the extension.
(e) Each change of the depositor’s name, address or signature must be immediately
reported in writing to the Bank.
(f) Depositor must bear all costs and expenses incurred out of the Deposit opening,
including taxes imposed on interest payable to the depositor.
3.2 DEPOSIT ADVICE
Version : DBS 136(1) 2014 14
Deposit advice will be given for each new Rupiah and foreign currency Deposit opened with
the Bank. Deposit advice is only a proof of Deposit and not a document of ownership and
cannot be used as security.
3.3 DEPOSITS AND WITHDRAWALS
Each placement on Deposit will be accompanied by a placement period and maturity
instruction, and if the Customer neglects on that matters, The Bank in its own discretion will
place the Deposit in any period and automatically renew the principal and interest on the
maturity date in accordance with the Bank’s applicable rules on interest rate at the time of
renewal.
3.4 FOREIGN CURRENCY ACCOUNTS AND FOREIGN CURRENCY FIXED DEPOSIT
ACCOUNTS
3.4.1 DEPOSITS AND WITHDRAWALS
(a) The Bank has the right to refuse Deposits in any currency.
(b) Deposits and cash withdrawals in foreign currencies are subject to the availability and
proper notice received by the Bank and subject to the Bank’s applicable rules on
commissions and fees in relation to the foreign currency exchange.
(c) Deposits in United States Dollar (US$), Singapore Dollar (S$) and Indonesian Rupiah
(IDR) will be placed at a rate on the day on which the currency is purchased from and
received by the Bank, provided that such day shall be a Business Day. Deposits in
other currencies will be placed at such rate and on such Business Day as the Bank
considers applicable, in accordance with the current market practice or as determined
by the Bank from time to time.
(d) The Bank is not obligated to act on each instruction in relation to withdrawal of a
Deposit unless the depositor or the authorized signatory has shown his/her
identification card or passport together with a withdrawal application form and
signature acceptable to bank.
(e) Withdrawal of United States Dollar, Singapore Dollar and IDR Deposits may be made
on their maturity date. Withdrawal of Deposits in other currencies may be made on
their maturity date only if the Bank has received a prior written notice of such
withdrawal. Withdrawals (in whole or in part) prior to maturity date may be made with
the Bank’s approval and subject to the provisions on payments of interest, promo and
penalties as referred to in rate and fee information identified in brochures, website or
other applicable media at the Bank. With respect to Deposits in foreign currencies,
fees in the amount determined by the Bank may be charged for any withdrawal prior
to the maturity date and this may result in the payment being smaller than the
principal amount of the Deposit currency.
3.4.2 CHARGES AND COMMISSIONS
All withdrawals from a foreign currency current Account are subject to the Bank’s applicable
provisions on commissions and charges in relation to deposit/withdrawal/foreign currency
exchange.
Version : DBS 136(1) 2014 15
3.4.3 TAXES AND FOREIGN CURRENCY RISKS OF CUSTOMER’S ACCOUNT
(a) The Customer acknowledges and agrees that there are foreign currency exchange rate
risks in relation to foreign currency Deposits and balance. Therefore, the Customer
agrees that:
(i) receipts on a foreign currency Account depend on the rate of exchange
applicable on the maturity date or at the time of withdrawal, whichever is
applicable; and
(ii) an unfavorable change in the value of a foreign currency from exchange rates may
result in the loss of receipts from interest.
(b) The Bank is not responsible or liable to the Customer for any decrease in the value of
funds as the result of taxing or depreciation or unavailability of funds for withdrawal at
any time or on maturity date due to restrictions or exchanges, requisitions, non-
obligatory transfers, distraints, uses of government or military power, wars, strikes or
other causes which are beyond the Bank's control. In addition:
(i) the Bank is not obligated to pay the Customer an amount of funds into the
Account, either by giro (draft) or in cash, using the same or other currency if
the country of origin of the foreign currency restricts the supply, credit or
transfer of the funds.
(ii) if, for any reason, the Bank cannot effectively provide funds, it may at its own
decision and without notice to the Customer hold payment of interest on
funds for that period, or change the placement period, as it thinks necessary.
3.5 DEPOSIT GUARANTEE
The Account will be guaranteed by Indonesia Deposit Insurance Corporation (Lembaga
Penjamin Simpanan (LPS)) in accordance with the applicable rules.
4. OVERDRAFTS
(a) The Customer cannot withdraw an Instrument or withdraw funds in the amount greater
than the funds available in the Account unless with a prior written approval of the
Bank. In the event that an Instrument cannot be cashed due to inadequacy of funds in
the Account, the Bank will return it and all costs incurred in relation to such return of
the Instrument will be charged to the Customer. The Bank has the right to close the
Account if, within a period of 6 (six) months, the return of Instrument due to
inadequacy of funds or overdraft has occurred 3 (three) or more times. In relation to
the above, the Customer must know or first check the amount of the funds he/she has
in his/her Account.
(b) The Bank may, at its own decision, give an overdraft or other facility in relation to the
Bank’s decision to pay an Instrument where the Customer’s funds in the Account are
inadequate to make that payment.
(c) In the event that the Customer withdraws funds in an amount which exceeds the
balance of his/her Account, the excess amount withdrawn, together with the Bank’s
applicable interest, commission and charges, must be paid within 7 (seven) Business
Version : DBS 136(1) 2014 16
Days of the date the Customer makes that withdrawal. If the excess amount is not
paid by the last Business Day at the end of the month, the Bank is authorized to use
the deposit pledged.
(d) In the event that the Customer has made the payment specified in point (c) above,
each amount received thereafter by the Bank for deposit into the Account may be
applied against satisfaction of the amounts payable to the Bank.
5. OTHER PARTY’S PRODUCTS
(a) The Bank is not deemed liable for the performance of other party’s products, or for
any losses incurred, which are distributed by the Bank and have been agreed to be
purchased or ordered by the Customer.
(b) In the event that such third party’s product gives protection or guarantee to the
principal amount placed, the Bank is not responsible for such protection and
guarantee.
D SERVICES
1. INSTRUCTION BY FACSIMILE
If the Customer requests for the provision of this service, he/she is subject to the specific terms and
conditions which may apply to govern such service.
2. CONTACT CENTER
(a) For information and complaints about all the Bank’s banking products, the Customer
can contact DBSI customer center telephone number identified in the brochures,
website or other media applicable at the Bank.
(b) In the event that the Customer makes a complaint or objection in writing, such
complaint or objection must be accompanied by photocopies of personal identification
and other related supporting documents, in accordance with the Bank’s applicable
rules (for example, savings book or Account Statement, if the complaint relates to
savings). Such written complaint or objection will be solved by no later than 20
(twenty) Business Days after the date of receipt of such written complaint and, in
specific events which are permitted by the applicable laws and regulations, the
complaint settlement may be extended for 20 (twenty) Business Days by written
notice to the Customer or his/her authorized representative together with the reasons
for such extension.
(c) In the event that the Customer intends to make a verbal complaint or objection, the
Bank will solve it within 2 (two) Business Days. But, if such verbal complaint or
objection remains unsolved within that time limit, the Bank will ask the Customer or
his/her authorized attorney to make a written complaint or objection to the Bank
together with the supporting documents. Such written complaint will be solved by no
later than 18 (eighteen) Business Days after the date of receipt of such complaint and
in specific events permitted by the applicable laws and regulations, the complaint
settlement may be extended for 20 (twenty) Business Days by written notice to the
Version : DBS 136(1) 2014 17
Customer or his/her authorized representative together with the reasons for such
extension
(c) The Bank has the right to carry out a recheck or verification and identification of the
Customer before providing services at the Contact Center based on the procedures
specified by the Bank from time to time, subject to the provision of applicable laws.
(d) The Customer hereby agrees that his/her instructions will be processed in
accordance with the time limits set by the Bank.
(e) The Customer hereby authorizes the Bank to record or take a note of the Customer's
conversations with the Bank through this service.
3. INSTRUCTION BY TELEPHONE
If the customer request for the provision of this service and the Bank accepts such request,
the Customer will be subject to the specific terms and conditions applicable for governing the
provision of such service.
4. SAFE DEPOSIT BOX SERVICE
(a) In the event that the Customer uses Safe Deposit Box services, the Customer agrees
to comply with the provisions relating to Safe Deposit Box, at any time deemed
reasonable, during the Bank’s normal business hours. The Customer has access to
Safe Deposit Box, subject to the rules set from time to time by the Bank and as
notified to the Customer.
(b) The Customer must prepay annual rent in the amount as will be notified by the Bank to the
Customer from time to time. If the Customer does not want to continue the Safe
Deposit Box rent, the Customer must notify in writing to the Bank within 1 (one) week
before the annual rent expires. If no such notice is given and the keys are not given
back on or before the due date, the rent is deemed to be continued to the next year
and the Customer is obligated to pay the next year’s rent.
(c) In the event that the rent is not paid on the due date, the Bank will in this case give a
notice to the Customer asking him/her to pay the rent and if within 30 (thirty) calendar
days after the giving of such notice, the rent has not been paid, the Bank has the right
to open the Safe Deposit Box before a notary.
5. GENERAL TERMS ON ATM
(a) The Bank may, at the Customer’s request, issue an ATM card (“DBS ATM Card”),
which can be either delivered, at the Customer’s risk, to the Customer’s address or
collected by the Customer himself/herself. The Customer must set his/her own ATM
PIN. The Customer hereby agrees and consents to release the Bank from any kind of
claims and liabilities whatsoever if the aforesaid ATM PIN and/or DBS ATM Card
becomes in the possession of an unauthorized person unless it is caused by the
Bank’s fault.
(b) The Customer must protect his/her ATM PIN and/or the DBS ATM Card provided to
him/her and complies with all the terms and conditions, security procedures and other
requirements and notices from the Bank and/or Participants in relation to the use of
Version : DBS 136(1) 2014 18
the same or, as the case may be, the Customer must ensure that he/she has
complied with the provisions of this clause on ATM PIN and/or DBS ATM Card.
(c) The Customer shall immediately notify the Bank if:
(i) his/her ATM PIN has lost or been disclosed to a third party; or
(ii) his/her DBS ATM Card has lost or broken or is used by an unauthorized
person; or
(iii) other event which, by the terms of this Agreement, allows the Bank to
suspend or cancel the use of ATM Service has occurred. The Bank may at
any time upon receipt of notice from the Customer on the occurrence of any
of the events mentioned above, suspend or cancel the use of ATM Service
by the Customer.
(d) Upon the occurrence of any of the events specified in Clause c above, the Bank may,
at its own consideration, issue a replacement DBS ATM Card in accordance with the
terms and conditions applicable for ATM Service and charge the Customer for such
replacement.
(e) The Bank provides 24-hour ATM services to its Customers for banking transactions
using ATM card.
(f) ATM card can be used at an ATM network both in Indonesia and overseas to the
extent that the network is available for the ATM card.
(g) The Bank and/or Participants, at any time, without prior notice to the Customer and
without giving any reason, may:
(i) limit, suspend or terminate any or all of the ATM services; or
(ii) not permit or permit a transaction if the Bank, in its own discretion, deems
appropriate; or
(iii) withdraw or suspend the Customer’s right and authority to use ATM services;
or
(iv) keep or reject DBS ATM card and/or PIN.
(h) The Customer can at any time use the ATM Network 24 hours save for the times of
regular maintenance, cash refill or other matters which are beyond the Bank’s control
and cause the 24-hour ATM services to be suspended.
(i) In the event that ATM card is used for a transaction made through an ATM network
outside Indonesia:
(i) The Customer is subject to the applicable regulations in the relevant country.
(ii) the transaction will use the rate of exchange determined by the Bank or the
agency possessing the relevant ATM Network.
(iii) in the event that the Customer performs a foreign exchange transaction at an
ATM Network outside Indonesia, he/she is aware of and responsible for the
risk of fluctuation in the rate of exchange in connection with that transaction.
Version : DBS 136(1) 2014 19
(iv) transaction is subject to the restrictions applicable in the country in which the
ATM Network is located.
(v) The Customer may be required to deliver the documents related to the
foreign exchange transaction done through the ATM Network.
(j) The Customer must keep his/her ATM card in a safe place and take all security measures
against falsification, fraud, loss or theft relating to his/her ATM card and ATM PIN,
including, without limitation, by not giving ATM PIN to other party, and exercising due
care when making transactions at ATM machine.
(k) In the event that the Customer’s ATM PIN is notified to or found by other party,
he/she must immediately change the PIN. The Customer can change his/her ATM
PIN at any time and the Bank has the right to reject the numbers selected by the
Customer in the change of his/her ATM PIN for certain reasons. The Bank in its
absolute discretion has the right to change or terminate the use of the Customer’s
ATM PIN by giving the reasons and notifying the Customer in accordance with the
provisions of applicable laws.
(l) The Customer agrees that he/she can change a new ATM PIN on the terms and conditions
specified by the Bank.
(m) The Customer must assume full responsibility for all banking transactions done using
ATM card with his/her PIN (whether with or without his/her knowledge or consent).
The Bank may debit the Customer’s Account at the amount of each withdrawal or
transfer or expenditure based on the Bank’s transaction records.
5.1 CHARGES AND PAYMENT OF TAXES
(a) The Customer shall and will pay such charges for the provision of ATM services as
will be determined by the Bank from time to time, whether or not the Customer
actually uses the ATM services. The Customer agrees that the Bank is authorized to
debit the Customer’s Account for all charges, withdrawals and payments for the ATM
services provided or used (whether authorized or not) and other obligations to, or
such losses may have been incurred by, the Bank as the result of the provision or use
of ATM services.
(b) If a payment has been made by the Bank following the use of ATM services by or
presumably by the Customer:
(i) and the Account is therefore debited but there is an error in the making of the
debit or no debit is made from that Account at all; or
(ii) after an order to pay is issued for the Account but before the payment
transaction is done the Bank has the right to correct the Account by (A)
debiting the Account at the amount paid by the Bank; or (B) rejecting or
returning the cheque or other instrument and cancel the payment transaction,
if funds available in the Account is not adequate.
(c) If the funds in the Account are not adequate to meet a request for payment of monies
or to satisfy an obligation, the Bank may (but is not bound to) extend credit to the
Version : DBS 136(1) 2014 20
Customer to satisfy the payment or obligation. Customer undertakes to pay interest
and charges at such interest rate or in such amount as determined by the Bank.
(d) If a Transaction or a debit from or credit into an account in relation to a Transaction
requires the conversion of a currency to another currency, the Bank is authorized to
make such conversion at a rate determined by the Bank and/or the Participants.
(e) DBS ATM Card is the Bank’s property and must be returned to the Bank when
requested or at the time of cancellation or termination of the DBS ATM Card and/or
this Agreement. DBS ATM Card must be used by the Customer himself/herself and
may not be transferred or placed as security, as the case may be, in any manner
whatsoever.
5.2 The Bank is not responsible for any losses incurred by the Customer or a third party which
may have arisen out of and in connection with the use of ATM Services, unless such losses
have been caused by willful negligence or intentionally detrimental act of the Bank. None of
the Bank and the Participants is responsible for inconveniences, losses or damages incurred
by the Customer or a third party out of or as the result of:
(a) The Bank’s compliance with an instruction issued or presumed to have been issued
by the Customer in relation to ATM Services, without considering that the
integrity/completeness of the information in the instruction might be lacking or
affected during the transmission of the information, provided that such lack or
affectability of the information is reasonably unknown to the person receiving the
instruction/order; or
(b) The Customer’s inability to use ATM Services as the result of actions taken by the
Bank and/or Participants; or
(c) unavailability of ATM Services in connection with system maintenance or
failure/unavailability of network; or
(d) The Bank’s and/or Participant’s failure to perform an obligation or to meet a
requirement of this Agreement if such failure is caused by the failure of, or
unauthorized or illegal access to the machine, data processing system or
transmission connection network or a force majeure event, such as natural disasters,
wars, blockade, embargoes, sabotages, strikes, lockouts, fires, floods, material or
labor shortages, delays in delivery by subcontractors, or events which are beyond the
Bank’s and/or Participant’s control; or
(e) equipment or software suppliers, services providers, network providers (including,
without limitation to telecommunications providers, internet browser providers and
internet access providers), Participants or agents or subcontractors of any of the
foregoing.
5.3 The Customer hereby gives his/her approval and authority to the Bank or its officers to
disclose information, either in Indonesia or elsewhere, based on the Customer’s approval with
the signing of Appendix 1 to these Terms and Conditions, for the following purposes:
Version : DBS 136(1) 2014 21
(a) to Participants or third parties who, pursuant to the applicable laws, have lawful
business interests to obtain the information, including offering products or services to
the Customer relating to or for the purpose of facilitating the use of ATM Services.
(b) to each person using ATM Services who is presumed to be the Customer;
(c) if the disclosure of information is required in order to conclude a transaction.
5.4. The Customer hereby states, acknowledges and recognizes that:
(a) there is a possibility an accidental disclosure of information performed by the Bank or
its officers in the course of providing information to both Participants and third parties
in Indonesia or elsewhere in connection with the transactions made or presumed to
be made by the Customer and the Customer hereby agrees to such accidental
disclosure of information; and
(b) equipment or software suppliers, services providers, network providers (including,
without limitation to telecommunications providers, internet browser providers and
internet access providers) and Participants may have or obtain access to information
transmitted through the relevant system and the Customer agrees to release the
Bank from any liability to any party in connection with the same.
5.5. Neither the Bank nor any of its officers is responsible for any losses or damages incurred by
the Customer as the result of disclosure of information which the Customer has agreed to
disclose by the Bank or its officers.
5.6. The Customer will provide the Bank with such information or documents as the Bank may
reasonably request in connection with the use of ATM Services by the Customer and the
Customer will and must cooperate with the Bank in the conduct of the relevant investigation or
legal proceeding.
5.7. The Customer will indemnify the Bank from all liabilities, losses, damages, including costs and
expenses for lawyers and clients (in legal or other processes), which have to be borne by the
Bank h, either directly or indirectly, in connection with its provision of ATM Services or its
entry into this Agreement with the Customer or the enforcement of Bank's rights under this
Agreement or in exercising an instruction which may have been issued by the Customer in
relation to ATM Services or failure, fraud or misconduct by the Customer or his/her agents or
representatives or breach of this Agreement by the Customer.
5.8 Transaction Records
Transaction Records made by the Bank and Participants are final and binding on the
Customer save for in case of error in computation or manifest error.
5.9. Expiry Date
DBS ATM Card has expiry date as identified in the card. After entering its expiry date, the
card can no longer be used and the Customer should come to the nearest branch for the
replacement card.
5.10. Termination
(a) The Customer may terminate this Agreement by giving written notice to the Bank and
(if applicable) surrendering the DBS ATM Card. The Bank may at any time without
Version : DBS 136(1) 2014 22
giving any reason terminate this Agreement by giving prior notice in accordance with
the provisions of applicable laws.
(b) Upon termination, the Customer may not use or attempt to use the PIN and/or DBS
ATM Card. Any use of DBS ATM Card by the Customer after the termination of the
ATM Services is considered as a fraud.
6. PERIODICAL INSTRUCTIONS
(a) If the Customer requests for provision of this Periodical Instruction service and
subject to the specific terms and conditions which are applicable to govern such
provision of services, the Bank is authorized by the Customer, through and in
accordance with the Periodical Instruction received by the Bank from the Customer,
which may be amended from time to time, to transfer funds at any time between the
Customer’s Accounts maintained in the Bank or from the Customer’s Account to any
third party’s Account with other bank; or
(b) The Bank may approve and is authorized to act on a Periodical Instruction issued by
a party claiming to be a person who has been appointed and duly authorized by the
Customer, without any obligation on the Bank’s part to verify or confirm the actual
identity of that party.
(c) Unless the Bank agrees otherwise, fund transfer may be made only on the funds
available in the Customer’s Account, from which the transfer must be made. In the
event that the funds in the Customer’s Account are not adequate at the times which
have been specifically specified by the Bank and approved by the Customer, the
Bank may cancel the Periodical Instruction by giving prior notice to the Customer.
(d) The Customer agrees to any costs charged, in the Bank’s sole discretion, when an
order to pay is rejected due to lack of funds.
(e) The Customer agrees that for each cost charged (including commissions, handling
fees and stamp duties) will be debited from specified Account of the Customer.
(f) The Customer agrees that the Bank shall not be responsible for all losses or delays in
the transfer, transmission or application of funds or (in case of payment by
telegraphic transfer) for all errors, failures or omissions which may occur during
transmission of messages or for any misunderstanding of the same upon receipt
which is not due to the fault of the Bank’s employees and the Customer agrees to
indemnify bank from all actions, legal actions, claims or demands which may arise in
connection with losses incurred out of such delays, errors, failures, omissions or
misunderstanding.
(g) The Bank has the right, for any reason at any time and by prior written notice to the
Customer and in its sole discretion, to change, suspend, or terminate the Periodical
Instruction services described above.
E MISCELLANEOUS AND GENERAL TERMS
1. REFUSAL AND SUSPENSION
Version : DBS 136(1) 2014 23
(a) The Bank has the right to refuse to perform a transaction by notifying the Customer
its reasons for such refusal, unless the applicable laws and regulations provide
otherwise, in which case the Bank is not required to notify its reasons for refusal.
(b) The Bank may suspend the services in accordance with the applicable laws and
regulations.
(c) The Bank has the right to suspend the Customer’s Account if the Bank considers it is
necessary to take suspension measure for the purpose of protecting the Customer’s
assets, including, without limitation to, suspension upon death of either of the
Customers, in case of a Joint Account. The Customer hereby indemnifies the Bank
from all actions/claims made by any party in relation to such suspension.
(d) The Customer grants the Bank full power and authority to suspend his/her Account at
any time if there is suspicion of falsification or fraud or other events which may cause
loss on the Bank or the Customer, or if there is a suspension order or attachment by
relevant authority.
(e) In the event that the Customer’s Account is suspended by the Bank (for the purpose
of implementing Prudential Banking Principle and/or the applicable laws and
regulations) or the police or the prosecution, or attachment by a court and/or other
relevant authorities, the Customer indemnifies the Bank from all claims made in
relation to the circumstances which have occurred as the result of such suspension or
attachment, such as: approval or refusal of the incoming fund transfer or Instruments
issued by the Customer for a third party.
2. CORRECTION BY THE BANK
In the event that the Bank makes an error and/or omission in connection with computation of
funds available in an Account, rejecting an Instrument payment or otherwise relating to an
Account, the Bank shall correct the error or omission within 14 (fourteen) Business Days of
the date of identification of the error or omission. The Bank will notify the Customer of any
such correction or remedial action taken by it in connection with the error it has made,
including correction to Account Statements or cancellation application to BI in relation to a
blank Instrument.
3. NOTICE OF CHANGES
(a) The Customer must notify the Bank in writing on any change in the Customer’s data
specified in the Customer's information, including, without limitation to, form of
specimen signature or the Customer’s authorized representative, authorized
signature procedures, conditions for signing, address or other information relating to
amendment of articles of association or change in shareholders, directors,
commissioners and/or partners.
(b) The Bank has the right to assume that any information furnished by the Customer in
relation to an Account is complete, correct and accurate, unless notified otherwise in
writing to the Bank by the Customer by way of data update. No change in the
Version : DBS 136(1) 2014 24
Customer’s data specified in the Customer's information will be effective until the
Bank has received a written notice of such change from the Customer.
4. CUSTOMER’S OBLIGATIONS
The Customer is obliged:
(a) if the Customer has not received the Instrument book issued by the Bank in
connection with his/her Account (which has been requested to be delivered to
him/her), the Customer shall immediately notify the same to the Bank in writing within
14 (fourteen) Business Days from the date of the Instrument book delivery request,
and the Customer may not withdraw an Instrument, keep the Instrument book or use
his/her Account in a manner that allows fraudulent changes or frauds. The Customer
has the obligation, as a preventive measure, to comply with rules set out in the Terms
and Conditions for the services provided by the Bank. All risks associated with the
Customer’s failure to do so must be borne by the Customer;
(b) in relation to all types of Account:
(i) to each time monitor the balance in his/her Account and notify the Bank in
writing immediately upon becoming aware of unknown or suspicious debit or
withdrawal from his/her Account;
(ii) subject to the General Terms under article 2 B, to examine all debit and credit
transactions in the Account Statements, transaction notification reports,
notifications of deposit and recording (“Transaction Records”) in the
Account Statements, and to report any exclusions or any debits/credits
erroneously made or made without authority or transactions that are not
accurately recorded in the Account Statements or the Transaction Records;
and
(iii) to sign and return each proof of confirmation, including that which is for audit
purpose (if so requested).
5. BANK’S RIGHT TO SET-OFF
(a) In the event that the Bank receives or incurs obligations on the Customer’s Accounts
for or at the request of the Customer, either for the present or future obligations in
Indonesia or elsewhere, whether actual or contingent, liquidated or not liquidated,
with or without security, individually or jointly with other party, or the Customer fails to
make payment for any amounts payable to the Bank or to refund an amount which
has been erroneously credited to his/her Account to the Bank or other bank,
immediately upon demand to pay is issued (whether received or not by the Customer)
and without further notice, unless required otherwise by the provisions of applicable
laws, the Bank shall have the right:
(i) to hold as security or put in public or private sale any funds, security or other
valuable property of the Customer maintained in trust with the Bank against
payment and in satisfaction of all or any part of the amounts payable;
Version : DBS 136(1) 2014 25
(ii) to reject any withdrawal of funds from the account until the amounts payable
are fully paid; and/or
(iii) to apply and set-off (or debit) the amounts available in each of the Accounts
(whether or not they have been due) against payment and in satisfaction of
all or any part of the amounts payable even if the Accounts are of different
kind, type or characteristic, and the balances available in the Accounts are
located in branches of different jurisdiction or held by the Customer together
with other party (whether or not the obligation is a joint obligation with other
party) or in a currency other than the currency of the amounts payable, and
the Bank has the right to make the necessary conversion at the Bank’s
applicable rate of exchange.
(b) The Customer is responsible to the Bank for any difference which may arise and for
any costs which may be incurred in connection with any sale, set-off or debit and
immediately pay the amounts to the Bank upon demand.
6. WAIVER OF CLAIM
The Customer hereby waives all claims that he/she may have and agrees to defend,
indemnify and hold the Bank harmless from and against any claims, actions, damages,
liabilities or costs, including fees for lawyers or legal consultants which the Bank may have
sustained in any manner whatsoever in connection with an Instrument or application or
proposed application of the Instrument or from the documents signed in connection with the
Instrument and the undertakings made to the Bank are deemed applicable for each case
expressly requested by the Customer.
7. CONFIDENTIALITY OF CUSTOMER’S PERSONAL DATA AND/OR INFORMATION
By signing the account opening application (which expression includes each form of adding a
Customer to be holder of an Account) and the form of approval for use of the Customer’s data
in such form and with such provisions as set out in Appendix 1 (Customer’s Consent in the
use of Customer’s Personal Data and/or information for Commercial purposes) to these
Terms and Conditions specifically for the purpose of using customer’s data as referred to in
point (e) below (“Form of Approval for Use of Customer’s Data”) (unless the Customer
refuses to sign such Form of Approval for Use of Customer’s Data), the Customer has
ACKNOWLEDGED, AGREED, and PERMITTED the Bank and all its employees and agents
and other parties who have access to the records, registers, correspondences, information or
materials relating to accounts, to give any information regarding monies and other data of an
account and customer’s personal data and/or information both for commercial and non
commercial purposes.Customer acknowledges that without this approval, the Bank will not
give such data or information for any purpose other than as permitted by the applicable laws
and regulations and/or as approved by the Customer based on the Form of Approval for Use
of Customer’s Data. With such ACKNOWLEDGEMENT, AGREEMENT and PERMISSION by
the Customer, the Bank and other parties who have access to records, registers,
correspondences, information or materials relating to an account, may give information:
Version : DBS 136(1) 2014 26
(a) to each party or organization who participates in the provision of electronics or,
without limitation, other services in connection with the banking services used by the
Customer within or outside Indonesia in connection with the use of such services,
including, without limitation to, investigations, damages or claims;
(b) to the police or other parties or authorities who conduct investigations related to a
breach committed or allegedly committed by the Customer to comply with prevailing
laws; and
(c) to the parties who print the Bank’s office equipment, agents or file keepers or file
service providers (including, without limitation to, microfilm service providers or
electronic, file or record storage facilities) and who will sign a confidentiality
agreement with the Bank in connection with the production, printing, dispatch,
storage, production of microfilm or storage of personal cheques, account statements,
passport books, or other cards in which the Customer’s name or other information
appears, or other documents, data or records;
(d) to principal office of the Bank and its affiliates (to the extent permitted by the
applicable laws and regulations); and
(e) The Customer agrees that the Bank may at any time give his/her personal data
and/or information to third parties for commercial purposes of the Bank with other
parties establishing cooperation with it.
(f) Other third parties who cooperate with the Bank for Bank internal purposes.
In connection to the marketing activities undertaken by the Bank to the Customers in which
the Bank may contact the Customers through customer’s personal communication tools, the
Bank shall obtain the consent from the customers in regards to this matter.
8. PLACE OF PAYMENT
All monies available in the Accounts will be paid only to the Bank's branch in Indonesia from
which the Accounts are administered, or such other branches of the Bank or such other
places in Indonesia or other country as approved by the Bank.
9. BANK’S AGENT
The Bank may employ the service of a bank or an agent in any place within Indonesia or in
other country approved by Bank in connection with withdrawals or banking matters of the
Customer. The Bank or its agents, subagents, and correspondents will be deemed as agents
of the Customer and all costs incurred in connection with that will be borne by the Customer.
10. RECORDING OF CONVERSATION
In providing its services, the Bank (or any of its agents) has the right to record each verbal
instruction including verbal consent received from the Customer and/or any verbal
communication between the Customer and the Bank (or any of its agents) in connection with
the services.
11. SUSPICIOUS TRANSACTIONS
(a) The Customer agrees and acknowledges that the Bank may:
(i) refuse to process a transaction on an account; or
Version : DBS 136(1) 2014 27
(ii) hold funds in an account and limit the Customer’s rights to make withdrawals
from an account,
if the Bank, in its reasonable discretion, suspects the existence of fraud, illegality or
incorrectness in the transaction or funds.
(b) The Customer acknowledges that the Bank is subject to financial criminal laws,
including, but not limited to, those which provide for criminal acts of corruption and
anti-money laundering in force nationally and internationally, and other relevant laws
and regulations in force in Indonesia and the Bank’s internal policies. For that
purpose, the Customer hereby agrees to give any information required by the Bank
for the purpose of complying with the provisions of the laws and regulations,
including, without limitation to, name, address, age, sex, personal identification,
income, occupation, asset, obligation, source of asset, purpose of opening the
account, investment purpose, Customer’s financial plan or other information related to
the Customer’s financial. If so required by the Bank, the Customer also agrees to give
the Bank all changes to such information.
(c) The Bank is obligated to comply with laws, regulations and requests from public
authorities and the relevant regulators in any jurisdiction, in relation to prevention of
financing, among others, to terrorists and persons subject to sanctions. This might
require the Bank to stop and enquire into any payment instruction and information or
other communications sent to or by the Customer or in his/her name through the
Bank's system and this process involves the filing of a request for further information
as to whether a name that refers to a person named or a person subject to sanctions
is actually referring to that person.
(d) The Bank is not responsible for any losses (directly or indirectly and including, without
limitation to, loss of profit or interest) or damages incurred by a party out of the Bank’s
delay in processing or inability to process a payment order or other information or
communications or in performing other obligations all or any of which are caused by a
measure taken under clause (c) above.
(e) This process may cause delay in processing information and, accordingly, the Bank
does not guarantee that the information in the Bank’s system relating to a payment
instruction and communications to which the action taken under clause (c) above are
subject is appropriate, updated and the latest information at the time of access when
the action is taken.
12. NO LIABILITY FOR LOSSES
(a) The Bank and all its directors, officers, employees or agents are not responsible and
in no way liable for any damages, costs or losses suffered by the Customer from
fraud, misuse or falsification of the Customer’s authorized signatory’s signature or the
seal (in case of a company) to the extent that the Bank has taken the measures
necessary to prove or verify that the signature or the seal appearing on an instruction
issued to the Bank is identical to the specimen signature or the company’s seal of the
Version : DBS 136(1) 2014 28
Customer. The Bank is also not responsible and in no way liable for any losses, costs
or damages suffered or incurred by the Customer from or out of the failure or
malfunction of the transmission or communication or computer facilities provided by
the Bank (unless such failure or malfunction is due to the fault or negligence of the
Bank’s employees and/or directors), postal services or strikes or similar industrial
actions, failures of other parties, firms, or any companies to perform their obligations,
orders by the government, laws, levies, taxes, embargoes, moratoriums or trade
restrictions which may affect an account or other actions, delays in taking actions in
connection with the account.
(b) The Bank is not obligated to honor a modified or forged Instrument where such
modification or forgery might have been made with a removable ink, pen, or
typewriter or other means that is equipped with an erasing tool or using a forging tool
where such modification or forgery cannot easily be detected or where such
modification or forgery is due to the Customer’s negligence.
13. SUSPENSION OF ACCOUNTS/SERVICES
The Bank may suspend the use of each or all accounts and services as the result of a force
majeure event, condition, state of affair, computer failure, interruption of communications
system or sabotage, or for any reasons, including natural disasters, Customers data,
Accounts or unavailability of services or failure to identify access to the data, Accounts, or
services.
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and shall be interpreted in accordance with the
laws, legislations and regulations of the Republic of Indonesia.
15. POWERS
The powers mentioned in this Agreement are irrevocable and cannot be terminated for any
reason, including the reasons specified in Articles 1813, 1814, and 1816 of the Indonesian
Civil Code. For the purpose of performance of these Terms and Conditions and all the legal
consequences hereof, the parties select the Registrar Office of South Jakarta District Court as
their permanent and legal domicile, such without prejudice to the rights of the Bank to bring
legal actions against the Customer before any court elsewhere considered appropriate by the
Bank in accordance with the provisions of applicable laws and the Customer agrees to to
submit to the jurisdiction of such court.
16. NATIONAL BLACKLIST
(a) The listing of the Customer in the blacklist is governed by and subject to the Bank
Indonesia regulations.
(b) If at the time a cheque/bilyet giro is presented to a bank or a payment where the
funds available are not adequate, the cheque/bilyet giro or the payment will be
reported to Bank Indonesia in accordance with the procedures required by the
applicable laws and the Bank will send a warning letter to the Customer.
(c) The Customer agrees that if:
Version : DBS 136(1) 2014 29
(i) in a consecutive period of 6 (six) months, he/she withdraws a cheque/bilyet
giro but the funds available are not adequate as many as 3 (three) times or
more withdrawing in the nominal amount of less than Rp 500,000,000 (five
hundred million Rupiah); or
(ii) he/she withdraws 1 (one) cheque/bilyet giro in the nominal amount of Rp
500,000,000 (five hundred million Rupiah) or more but the funds available are
not adequate, the Customer’s name is listed in the Bank Indonesia’s
Blacklist, and the Bank is entitled to close his/her Account.
17. MISCELLANEOUS
(a) All notices and communications to the Customer may be sent by mail or delivered by
hand to the address most recently notified to the Bank.
(b) All requests for Instrument must be made in writing or automatically by computer or
other means approved by the Bank. The Bank may send each Instrument to the
Customer by mail (either regular or registered mail), courier services or other sending
methods deemed appropriate by the Bank at the expense and risk of the Customer
(including risk of disclosure of the data about the account).
(c) In the event that the Customer’s Instrument is lost, then it must be reported
immediately to the Bank.
(d) These Terms and Conditions and all the terms, conditions, rules and provisions
contained in an Instrument, payment slip or other documents from the Bank or the
forms provided by it, including any agreement entered into by it with the Customer in
connection with the Customer’s Account with it, all the entire agreement between the
Bank and the Customer, and the Customer is deemed to have read or understood
each of the provisions and therefore bound thereby.
(e) The Bank has the right to add or amend any provision of these Terms and Conditions
at its own decision, and such addition or amendment will be notified to the Customer
by no later than 30 (thirty) Business Days before it becomes effective. In the event
that the Customer does not agree to the addition or amendment made to these Terms
and Conditions, he/she may stop using and immediately close his/her Account. In the
event that the Customer continues to use the Account after the notice, he/she is
deemed to have agreed to the addition or amendment of these Terms and
Conditions.
(f) In the event of difference between the provisions of these Terms and Conditions and
the provisions contained in a BI or ministerial decree, or in the Indonesian banking
rules and regulations, the provisions contained in the Indonesian banking rules and
regulations shall prevail.
(g) If any of the provisions of these Terms and Conditions becomes invalid, illegal or
unenforceable pursuant to the laws in force in Indonesia, the validity, legality or
enforceability of the other provisions of the Terms and Conditions shall not be
affected or prevented thereby.
Version : DBS 136(1) 2014 30
(h) The Bank has the right to waive any provision of these Terms and Conditions, but
such waiver shall be without prejudice to the Bank’s rights to require the satisfaction
of other provisions of these Terms and Conditions in other occasion.
(i) These Terms and Conditions are made in Indonesian and English languages. In the
event of controversy which may arise from a difference in the interpretation of the
Indonesian version and the English version hereof, the Indonesian version shall
prevail.
18. SPECIFIC TERMS AND CONDITIONS ON TAX REQUIREMENT
For the purpose of complying with the applicable tax requirements:
(a) Disclosure of information
The Customer grants the Bank, its directors, employees and other parties who have
access to its files, registers, or correspondences or other materials authority to
disclose all information which the Bank has about the Customer, if so required by the
law. This information may be forwarded to:
(i) its branches, representative offices, affiliates or related companies,
subsidiaries or other offices of the Bank, wherever located;
(ii) governments, quasi-governments, regulators, financial, monetary authorities,
institutional bodies or parties in Indonesia or elsewhere; and
(iii) each party or organization to which the Bank considers in good faith and in its
interests is obligated to disclose information;
(b) Notice to the Bank on changes made
Customer shall immediately notify the Bank in writing if any change is made to:
(i) his/her data, condition, status (including change of nationality), address, tax
residence, registered address, telephone and fax numbers and email
address; and
(ii) its Articles of Association (in the event that the Customer is a legal entity),
shareholders, partners, directors or corporate secretaries, or family
businesses;
(c) Cooperation in investigations
The Customer will fully cooperate in the investigations which the Bank may conduct
to enable the Bank to comply with laws and regulations. The Customer must
immediately furnish all relevant information to the Bank, the details and such
documents which the Bank may require to enable it to comply with laws and
regulations.
(d) Right to hold payments or to close Accounts
Each amount which the Bank may pay to the Customer shall be subject to all
applicable laws and regulations, including income tax requirement or foreign
exchange restriction or control. The Bank may hold each amount for the purpose of
complying the laws and regulations or keep monies until the Bank determines
whether it needs to hold them as tax requirement or foreign exchange restriction or
Version : DBS 136(1) 2014 31
control. The Bank shall not be responsible for any losses incurred out of the
deduction, holding or keeping of monies payable to the Customer.
(e) Closing the Customer’s Account
The Customer agrees that the Bank has the right to close his/her Account at any time
without the requirement to give any reason or any notice unless required by laws and
regulations.
This Terms and Conditions have been adjusted with the applicable regulations including the
Indonesia Financial Services Authority regulations.
In there is any difference between the terms used herein with the terms used to define the
Bank’s products or services specified in the other applicable documents at the Bank, the
terms contained herein shall prevail.
- 32 -
APPENDIX 1
TRANSPARENCY FOR THE USE OF CUSTOMER’S PERSONAL DATA
By signing this certificate:
1. I give my approval to the Bank to give my personal data to external parties working with the
Bank for commercial purposes.
2. I have understood the explanation given by the Bank regarding the purposes and
consequences of giving my personal data to the aforesaid external parties.
________________,_______________________
[City], [Date]
(Stamp Rp 6.000)
_____________________
(Customer’s name & signature)
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS FOR INDIVIDUAL ACCOUNT OPENING AND PROCEDURE
OF PT BANK DBS INDONESIA
Name :______________________________________________________
Customer Declaration:
I have accepted the terms and conditions of account opening version of the DBS 136 (1) 2014 PT.
Bank DBS Indonesia, along with a complete explanation of the terms and conditions of the opening
of this account include / but not limited to charges, benefits and risks that may occur and agree to
abide by and comply with the terms and conditions of this account opening.
Received by:
_________________________________
(Customer Signature)
UNTUK KEPERLUAN BANK/FOR BANK USE ONLY
Diverifikasi oleh: RM/JSM/SM
Diverikasi oleh: TSS/TCSM
Nama:
Tanggal:
Nama:
Tanggal