Internet Banking Service Agreement and User Guide

THIS AGREEMENT

 

BEFORE USING NBKONLINE WE ASK YOU TO ENTER INTO A SERVICE AGREEMENT.

 

PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING : YOU CAN PRINT OR DOWNLOAD A COPY OF THE AGREEMENT IF THIS WOULD BE HELPFUL.

 

BY REGISTERING FOR NBKONLINE YOU ACKNOWLEDGE THAT YOU HAVE ACCEPTED THE AGREEMENT IN ITS ENTIRETY.

 

REMEMBER THAT THIS WILL ALSO APPLY IN FUTURE IF THERE ARE ANY ALERTED CHANGES TO THE AGREEMENT.

 

IF YOU DO NOT ACCEPT THE TERMS OF THE AGREEMENT DO NOT REGISTER FOR NBKONLINE.

 

WE RECOMMEND THAT YOU PRINT AND RETAIN (OR DOWNLOAD) A COPY OF THE CURRENT NBKONLINE AGREEMENT FOR YOUR RECORDS.


ACCEPTING THE AGREEMENT

 

THE NEW USER REGISTRATION SCREEN ASKS YOU TO INDICATE THAT YOU ACCEPT THE AGREEMENT BEFORE YOU PROCEED TO REGISTER.

 

BY CLICKING ON THE STATEMENT I ACCEPT THE NBKONLINE AGREEMENT (TO REGISTER) YOU INDICATE THAT YOU ACCEPT THE AGREEMENT IN ITS ENTIRETY.

 

BEFORE YOU REGISTER FOR NBKONLINE YOU SHOULD READ THE AGREEMENT CAREFULLY AND ONLY CLICK TO ACCEPT IF YOU ARE SATISFIED WITH THE PROVISIONS OF THE AGREEMENT.

 

ANY FUTURE CHANGES TO THE AGREEMENT WILL BE POSTED ON THE WEBSITE (AND WILL BE ALERTED WHEN YOU LOG ON) AND SHOULD BE READ CAREFULLY BEFORE PROCEEDING.

 

EVERY TIME YOU ACCESS NBKONLINE YOU ACKNOWLEDGE THAT YOU ACCEPT THE CURRENT VERSION OF THE AGREEMENT.

 

AFTER YOU HAVE REGISTERED YOU CAN ACCESS THE COMPLETE AGREEMENT ONLINE FOR REFERENCE AT ANY TIME.



NBKONLINE AGREEMENT AND USER GUIDE : CONTENTS

 

(1) What this agreement covers

(2) NBKONLINE : services and registration

(3) Joint accounts

(4) Security procedures

(5) Software and logo : restrictions

(6) Your liability for losses

(7) NBKI obligations

(8) Service hours and support

(9) Making payments and transfers

(10) The agreement : modifications

(11) The agreement : duration and termination

(12) The agreement : language used

(13) The agreement : governing law

(14) NBKI : service provider information

(15) NBKI : regulatory status

(16) Complaints and compensation processes

(17) Accepting the agreement

(18) Authorization forms : corporate and joint accounts

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Note that this document does not refer to or give details of all the NBKONLINE screens used to show account information and set up transactions but only provides you with the essenYou might like to familiarise yourself with the screens and their purpose : the service and the screens are intended to be easy to use.

(1) WHAT THIS AGREEMENT COVERS

 

This document constitutes a legally binding contract between you (the customer) and us i.e. National Bank of Kuwait (International) PLC (NBKI or the bank) and governs the use by NBKI customers of the NBKONLINE banking service (NBKONLINE) : NBKI is a wholly owned subsidiary of National Bank of Kuwait SAK (NBK SAK).

 

NBKONLINE is available to personal customers using a computer or mobile telephone (i) to view their account details and transactions (ii) to make payments to accounts at other NBK offices and sterling payments to accounts at other banks within the UK (iii) to make transfers between their NBKI accounts.

 

The term personal customers means natural persons acting in their own name whether for private purposes or for business purposes i.e. the pursuit of a trade, occupation or profession.

 

NBKONLINE is available to corporate customers but only to view company accounts : please refer to the authorization form included at the end of this agreement.

 

The agreement comprises :

 

·         the contract terms and conditions

·         the obligations of both parties

·         details of the service

·         stipulations as to use

·         consumer protection information

·         contact details : customer support

 

The agreement includes practical instructions which you must observe, and other recommendations about how to use the service : if you do not comply with the instructions you may incur (or become liable for) a loss and not following the recommendations may also expose you to a loss.

 

(a) Charges

 

The NBKONLINE service is provided free of charge.

 

Bank charges will apply to all payments effected by way of NBKONLINE (except transfers to other NBKI accounts) : for each payment or transfer you can choose to either pay the charge yourself or have it deducted from the amount remitted.

 

The applicable charges are set out in our tariff brochure, which is obtainable from your account officer or the NBKI branch.

 

Your internet service provider may charge you for accessing NBKONLINE.

(b) Interest rates

 

Please ask your account officer or enquire at the NBKI branch for the interest rates payable on NBKI Watani Super accounts (and minimum balance requirements)

 

The rate of interest payable on time deposits or loan accounts will be (or will be determined on the basis) notified when the account is opened.

(2) NBKONLINE : SERVICES AND REGISTRATION

 

(a) Banking services available online

 

You can use NBKONLINE to:

 

·        transfer funds between your accounts at NBKI in the same currency

 

·        transfer funds between your accounts at NBKI in different currencies

 

·        pay funds from your NBKI account to the account of another NBKI customer

 

·        pay funds from your NBKI account to any account at any of the NBK offices available on the drop down list

 

·        pay sterling funds from your NBKI account to any account at another bank within the United Kingdom

 

·        view any of your deposit and loan accounts and current balance information (account activity information will normally be updated at regular intervals)

 

·        view transactions over your accounts going back one year

 

·        change your passwords or e-mail address or your security question and answer.

 

(b) Accessing the services

 

To register for and use NBKONLINE personal customers must :

 

·        have access to a computer equipped with a modem and supported browser (plus effective security software) and internet access, or a suitable mobile telephone

 

·        visit http://www.nbki.com to set up a login ID (ID) and password (and a security question) : you will need this information each time you log on to NBKONLINE

 

·        complete the security captcha promptly : the captcha will change if you delay

 

·        visit the NBKI branch or any branch in Kuwait to activate your ID and password : you must provide the branch staff with a valid passport or other acceptable identification (e.g. your Civil ID card) and sign an application form

 

·        set up a transaction password (TP) to make payments and transfers.

 

We may need to retain a copy of the documents provided for identification purposes.

 

Joint account holders must provide the branch with the attached authorization form signed by all account participants : please print this and have it signed and ready when you visit the branch to activate your ID and password.

(c) Corporate customers

 

Different registration and activation procedures apply for NBKONLINE corporate customers and these will help to ensure that access is restricted to the authorized personnel nominated by the company : please ask the bank for details.

 

(3) JOINT ACCOUNTS

 

Any joint account holder (participant) may register for NBKONLINE.

 

When you visit the branch to activate your ID and password you must bring with you an authorization form signed by all the account participants : the form is included at the end of this agreement and you may print this to be signed by the account participants.

 

The ID and passwords will be entirely for use by, and the responsibility of, each nominated user individually.

 

We shall have no liability to any joint account participant for debits incurred as the result of a payment order submitted, or any other action committed or omitted, by another account participant with NBKONLINE access as a nominated user.

 

It is not possible for us to process payments or transfers on dual signature accounts.

 

 

(4) SECURITY PROCEDURES

 

You agree that :

 

This agreement stipulates security procedures which, in relation to electronic banking transactions, are commercially reasonable.

 

You are solely responsible for complying with the security and operational instructions set out in this agreement and for ensuring that the requirements and recommendations specified in this agreement are observed at all times.

 

Your obligations are as follows :

 

(a)  Protecting your ID and passwords

 

You are responsible for protecting your ID and passwords (and any other access security codes) : you must keep your ID and passwords secret at all times.

 

Failure to protect your ID and passwords may allow unauthorized persons to access your personal and banking information and to make payments from your account.

 

You are entirely responsible and liable for any account debits or other consequences which occur as the result of disclosing to another person, or failing to take all reasonable steps to keep secret, your ID or passwords

 

Therefore and so far as possible you must not disclose your ID or passwords to anyone else whatsoever (including the police) : in order to help you we may need to ask you to tell us your ID but you must never tell us your passwords.

This prohibition also applies to other participants on a joint account, unless you wish to authorize them to make payments and transfers.

 

If you disclose your ID or passwords to another person this will be entirely at your own risk and you must instruct them not disclose these to anyone else.

 

You must take action to disable your ID or change your password or TP immediately (and notify us as quickly as possible) if you know or suspect that either your ID or password or TP may have become known to or used by an unauthorized person, or if we ask you to : the procedures to do this are set out in more detail further on.

 

You must not write down your ID or passwords, and if we need to provide you with a new ID or password you must destroy the security printed letter e.g. by shredding it.

 

You will be liable for any losses which come about as the result of not following these instructions.

 

Companies using NBKONLINE must comply with these instructions but will also need effective internal procedures to ensure authorized use : we shall have no liability (to any party) arising from the absence of such procedures.

 

(b) About your login ID and password : registration

 

Click on the New User icon and set up your NBKONLINE ID and password by entering the information requested on the New User Registration screen : you will then have to visit the NBKI branch (or any branch in Kuwait) to sign an application form.

 

The ID may be any combination of eight alphanumeric characters : the password may be any combination of eight alphanumeric characters and a special character.

 

The ID and password must be different and completely new, and not anything that you have ever used before for NBKONLINE or for any other online service : they must be abstract and not anything too obvious (such as your date of birth).

 

Your password will be linked to a preset security question and answer of your own choosing which you must enter on the same screen.

 

If you forget your ID (or are locked out after three consecutive failed attempts) you must visit the branch to sign a request form : if necessary you will then be sent a security printed letter reissuing the ID, with an acknowledgment letter to return.

 

You can reset your password using the Change Login Password screen : if you have forgotten your password you must enter your name and date of birth, and then answer your security question, before entering and confirming the new password.

 

If you are locked out by entering an incorrect password three times (or can not provide the personal details or the correct answer to your security question) you will have to visit the branch to sign a form requesting a replacement password.

 

The branch will send you a security printed letter enclosing a replacement password, with an acknowledgment letter for you to return : you will be required to change the replacement password to a new password of your own choosing on first use.

(c) About your transaction password

 

A TP is used by NBKONLINE customers who want to make payments or transfers but all NBKONLINE customers must set up a TP whether or not they ever wish to use it.

 

When you access NBKONLINE (using the Existing User icon) for the first time after registration you must enter and confirm a TP using the Change Transaction Password screen : you can change your TP at any time in the same way.

 

Your TP may be any combination of eight alphanumeric and (defined) special characters : the format is displayed on the screen.


Ensure your TP is completely new and nothing that you have used previously for NBKONLINE or another online service : it must be abstract and nothing too obvious (e.g. date of birth) and must also be different from both your ID and your password.

 

You can change your TP at any time by accessing the Change Transaction Password screen and following the instructions : however if you forget your TP, or enter an incorrect TP three times consecutively, you will be unable to make payments or transfers and will have to visit the branch in order to request a replacement TP (which you will be required to change to a new TP of your own choosing on first use).

 

(d) Unauthorized use

 

The unauthorized use of your NBKONLINE service could cause you to lose all the money in your account(s).

 

If you inform someone of your ID and passwords you are authorizing that person to make payments or transfers using the service and you are responsible for all actions which the person performs while using the service.

 

All transactions performed by authorized persons, including transactions which you did not intend or which are fraudulent, are transactions for which you are liable.

 

If you know (or suspect) that an unauthorized person knows your ID or passwords or has tried to access your account(s) you must change your passwords and take action to disable your ID immediately.

 

You must also notify us as quickly as possible using the contact details provided.

 

If you have not already done so yourself we shall then disable your ID as quickly as practicable but (having made every reasonable effort) we shall not be liable for any transactions processed in the meantime which can not be cancelled or recalled.

 

The best way to minimize any loss to yourself is to telephone the bank immediately : it may then be necessary to report the facts to the police for further investigation.

 

You will need to assist us (and the police if necessary) in any investigation into actual or suspected misuse of your ID or passwords.

 

If we have reason to suspect that your ID or passwords are being used without authorization, or that you have failed to observe the security requirements of this agreement, we may suspend your access to NBKONLINE.

We can advise you by telephone or at the branch about the procedure for reactivating your access to NBKONLINE.

 

Where you have authorized another person to access NBKONLINE but you wish to cancel their authorization you must contact us to disable their access and to reactivate your own access with appropriate security.

 

(e) Reporting unauthorized use or compromised passwords

 

You must make every reasonable effort to inform NBKI immediately about any NBKONLINE access or transaction which you have not authorized.

 

You must also make every reasonable effort to inform NBKI immediately if either :

 

·         you know that your ID or passwords have been compromised or that an unauthorized person has tried to access your account or

 

·         you have reason to suspect that your ID or passwords may have been compromised.

 

This includes the case where (disregarding our instructions) you have written down or kept a record of your ID or passwords and this information has been lost or stolen, or you believe that it may have been seen or copied by another person.

 

NBKI will not request from you any NBKONLINE information, or banking or other personal data, except in the circumstances envisaged by this agreement.

 

If you are contacted by anyone requesting such information please do not respond but inform NBKI immediately.

 

(f) Method of informing us immediately  

 

The recommended way to inform us is by telephone : if it is outside NBKONLINE service hours please send us a fax or e-mail (for security reasons please do not include any passwords) and then call in at the branch or follow up with a telephone call early the next bank business day.

 

Refer to section (8) for details of contact telephone numbers and service hours etc.

 

Our main telephone numbers are :

 

London : + 44 207 224 2277

 

Paris : + 33 15 659 8600

 

If you notice or suspect any unauthorized VISA debit card transactions please call the NBKI helpdesk immediately on + 44 207 935 0876.

(g) Personal computer (PC) security

 

Internet Banking is secure provided that you take care : failure to comply with the following instructions could result in losses for which NBKI will not be liable.

Observe all security procedures recommended by the suppliers of the PC (or mobile telephone with internet access) which you use for NBKONLINE access.

 

Maintain the security of your PC or mobile telephone by using up to date anti virus and anti spyware software and also your own firewall and security patches.

 

Always access NBKONLINE directly by using the website address and not by any link.

 

Never access NBKONLINE from a PC connected to a local area network (LAN) or from a public internet facility which might not provide full security, and never enter your password or TP on software which saves it automatically for future use.  

 

Make sure that no one else can see your ID or passwords when you are using them.

 

Once you have logged on do not leave the PC or mobile telephone unattended (or let anyone else use it) until you have logged off.

 

Log off after every NBKONLINE session (the screen will indicate that you have logged off successfully) and then close your browser to ensure confidentiality.  

 

If there is no activity for more than five minutes during a session you will see a message (SESSION EXPIRED!) and the system will automatically close down : you will then have to log on again and enter your password (and TP) to resume.

 

Keep your ID and passwords completely secret : we shall never ask you for these and the passwords are not accessible to our staff.

 

We are not obliged to monitor your compliance with these recommendations.

 

For more information on security you could visit http://www.banksafeonline.org.uk

 

(h) Scams

 

You should be very careful about any incoming e-mail which might ask for personal or account information : ignore it unless you know the sender and the business.

 

However it could be helpful to the bank if you copied any such material across to ourselves so that we could see if there is any linkage to NBKONLINE and any potential security problem.

 

You should also be careful about opening incoming e-mails from senders unknown to you and do not open any e-mail attachments if you have any doubts.

 

(i) Internet access : equipment

 

Recommended browsers and minimum requirements for using NBKONLINE : 

 

Browsers

PC Windows, XP or VISTA

MAC OS 9 and OS 10

 

 

 

Microsoft Internet Explorer

           6.0 and higher

       5.0 and higher

Cookie Support

           Required

       Required

JavaScript Support

           Required

       Required

You must ensure that you have up to date and effective anti virus and anti spyware software in place and operational at all times : remember to close down your browser when leaving the PC or mobile telephone unattended.

 

You are responsible for compliance with any laws or regulations applying to, or restricting, use of the service from locations outside the United Kingdom.

 

(5) SOFTWARE AND LOGO : RESTRICTIONS

 

Except for back up purposes you must not copy or transfer any NBKONLINE software or the logo or permit anyone else to access or copy the software (which you must keep confidential and whose use is governed by this agreement).

 

(6) YOUR LIABILITY FOR LOSSES

 

If you act without reasonable care and this causes a loss to any party you will be responsible (and liable) : this will apply if you do not comply with the instructions and recommendations set out in this agreement.

 

You must not use the NBKONLINE service for any unlawful or improper purpose : if you act fraudulently you will be responsible (and liable) for all resulting losses on your account and for any other loss (direct or indirect) incurred by any party.

 

(7) NBKI OBLIGATIONS

 

(a) Liability

 

Unless proved culpable or negligent or otherwise in breach of the service standards indicated in this agreement NBKI (and NBK SAK) shall have no liability to the customer or any third party from any matter arising in connection with NBKONLINE.

 

NBKI will make every reasonable effort to ensure that NBKONLINE systems and processes are operational and reliable and that (within proportionate limits) the risk of a malfunction which might result in detriment to the customer is minimised.

 

Please note that we may need to withdraw the NBKONLINE service temporarily for necessary maintenance : NBKI shall not be liable for any unforeseeable loss arising, or any loss caused by other circumstances beyond our reasonable control.

 

(b) Protection of confidential information

 

In respect of the information provided by you in connection with NBKONLINE and your account details and transactions NBKI will :

 

·         only ask for necessary information

 

·         keep this information confidential as required by law

 

·         update your information promptly for any changes advised

 

·         maintain secure and reliable data management and payment systems

 

·         not retain your information for any longer than is necessary.

Please ask the bank at any time if you would like to check any of your personal information held in connection with NBKONLINE.

 

NBKI will retain a copy of the agreement accepted by you and will be able to provide you with a copy (in durable form) at any time while you are registered and then for up to six years following cancellation.

 

(c) Disclosing account information

 

We shall only disclose to third parties information regarding your account or your transactions in the following circumstances :

 

·        when this is necessary and normal for processing payments, or to investigate or resolve a problem relating to a payment or transfer

 

·        when mandatory to comply with applicable laws or regulations

 

·        if you give us specific written permission

 

·        where necessary to limit the effect of actual or suspected misuse.

 

The information disclosed will be the minimum required by the circumstances in each case and wherever possible your confidentiality will be preserved.

 

(d) Account information

 

We shall apply every reasonable effort to ensuring that the account activity information available from NBKONLINE is reliable (accurate and up to date) but this information does not constitute a regular account statement.

 

Your regular account statements will include an adequate description of all your NBKONLINE transactions.

 

(e) FSA retail banking conduct of business and payment services regulations

 

These regulations (which will come into force on 1 November 2009) will apply generally and are intended to harmonise the provision of consumer banking services.

 

NBKI will comply with the new regulations by the implementation date.

 

Any necessary amendments to this agreement will be posted on the website by that date and will be alerted the next time you log on : you may then consider whether or not you wish to continue using the service on the amended terms.

 

Any subsequent changes to the NBKONLINE service will be notified in accordance with the regulations.

 

(f) Marketing

 

NBKI will not market other products or services to you by means of NBKONLINE or initiate or enable any referrals to other providers of products or services.

(8) SERVICE HOURS AND SUPPORT

 

NBKONLINE is available continuously, except during necessary system maintenance and upgrades : when these occur a message will be displayed when you log on.

 

NBKONLINE London customers needing assistance can call their account officer (using their direct line) or by using the switchboard number : + 44 207 224 2277. 

 

Alternatively they may :

 

·         visit the NBKI branch

·         e-mail the bank at : info@nbki.com

·         send the bank a facsimile on + 44 207 224 2101 or + 44 207 486 3877

 

NBKONLINE Paris customers needing assistance can call their account officer (using their direct line) or by using the switchboard number : + 33 15 659 8600.

 

Alternatively they may :

 

·         visit the NBKI branch

·         e-mail the bank at : ob.UK@nbki.com

·         send the bank a facsimile on + 33 15 659 8623

 

Account officers are normally available to help you from 9 a.m. to 5 p.m. on bank business days (which are Monday through Friday, excluding local public holidays).

 

In order to ensure a positive identification our support staff will have to ask you a few questions before proceeding with your enquiry, for example your date of birth and the answer to the security question which you set up when you registered.

 

For security reasons please provide only the minimum information necessary for our staff to handle your enquiry efficiently.

 

(9) MAKING PAYMENTS AND TRANSFERS

 

For convenience, transfers between NBKI accounts held in your name are called payments in this section.

 

Similarly, instructions to transfer funds are called payment orders.

 

(a) Processing payment orders

 

You can switch funds between your NBKI accounts or make payments from your NBKI account to any other NBK account on the drop down list or (sterling only) to any account at any bank in the United Kingdom.

 

For your convenience NBKONLINE will provide you with a drop down list of NBK offices and can save the banking details of your payment beneficiaries.

 

You can switch funds between your NBKI accounts in different currencies : our retail exchange rate at the time the transaction is processed will apply, and you will accept this rate when submitting the payment order.

You can make payments either for immediate effect or for a future date or request a series of forward dated payments.

 

NBKONLINE payment orders submitted before 3:30 p.m. (London time) on a bank business day are processed on the same day.

 

NBKONLINE payment orders submitted later than 3:30 p.m. (London time) or on a non-bank business day are processed on the next bank business day.

 

The bank will notify you if it can not process a payment order for any reason, including the case where there are insufficient funds on the account or where the payment would exceed a limit.

 

The account activity information viewable online will reflect payments promptly and payments will go through the payments system following the normal timetable.

 

The charges for payments are set out in the tariff brochure obtainable from your account officer or the NBKI branch.


(b) Payment limits

 

The bank will set a minimum amount for payments and this will be displayed on the screen when you set up a payment order : the minimum payment presently is £50 (or currency equivalent).

 

The bank will also set a limit on the amount of each payment and on the total amount of payments which can be made within a given period : this will be the same for all customers and will be displayed on the screen (although customers can ask for a different limit).

 

The current limit is £9,000 (or currency equivalent) : this is the maximum for any single payment and is also the maximum for all payments in any calendar month.

 

Payment limits may be changed at any time at the discretion of the bank which will explain the reason for any change if a customer asks.

 

The bank may need to reduce payment limits at any time if (acting reasonably) it considers this necessary for business reasons or in order to protect either the security of your accounts or the integrity of the payments system.

 

(c) Sufficient funds

 

The bank will only permit a payment if there are sufficient funds in the account at the time of processing (including available credit under any authorized overdraft facility) to cover the payment plus charges and the payment limits are not exceeded.

 

If you do not have sufficient available funds, or if the payment would exceed a limit, we shall not process the transaction and shall inform you accordingly : you will then be responsible for making other payment arrangements.

 

The bank will not permit the creation of an overdraft, or any increase in an overdraft limit, without your specific prior consent.

 

(d) Cancelling or amending payments

 

Payment orders can be cancelled or amended (e.g. as to the beneficiary account or the amount) on the screen before the payment order is submitted for processing.

 

You can ask us to cancel or amend a payment after the payment order has been submitted for processing and we shall apply our best efforts to achieving this.

 

To cancel or amend a pending payment you must contact the bank promptly and provide the payment confirmation number and the beneficiary account details and the amount : if the funds have not yet been paid away we shall try to stop payment.

 

If the funds have left the bank we may be able to stop payment (you will be liable for any costs we incur) but we can not guarantee that the payment will be stopped.

 

The bank will make every reasonable effort to comply with a request to cancel or amend a payment but will not be liable for any loss if payment can not be stopped.

 

(e) Liability

 

You confirm that NBKI may process all authorized payment orders without any further reference to you or written confirmation from you.

 

You are committed to payment orders which we process in accordance with these procedures, including any which (acting reasonably) we believe are given by another authorized person, unless you have notified us of actual or possible unauthorized use and we have had reasonable opportunity to act on such notification.

 

NBKI may refuse to process any payment order (without liability) where this is necessary to protect itself or others from financial loss or other harm : the bank will make a reasonable effort to advise you of any such circumstance.

 

You are solely responsible for the correctness of all authorized payment orders : if the payment details entered are incorrect or incomplete the payment may be delayed or credited to the wrong account and we shall not be liable for any direct or indirect loss or for the costs of attempting to rectify the error.

 

If we process a payment for an incorrect amount which exceeds the amount ordered (or if we permit an unauthorized payment after we have had reasonable time to act on notice from you of actual or possible unauthorized use as described above) our liability will be limited to a refund of the excess (or unauthorized) amount.

 

NBKI shall have no responsibility (liability) if a payment is wholly or partly delayed or not processed or prevented as the result of :

 

·        insufficient available funds on the account

·        exceeding the payment limits

·        incorrect or incomplete information (you must complete all mandatory items)

·        the operation of applicable laws and regulations

·        suspicion that the transaction relates to money laundering or crime or terrorism

·        any other cause outside the control of the bank despite its reasonable precautions and efforts.

It is important that you complete all the mandatory items in the payment order and that you include all beneficiary account details in order to minimise the possibility of an error occurring and prevent funds being applied to the wrong account.

 

(10) THE AGREEMENT : MODIFICATIONS

 

NBKI may modify any of the provisions of this agreement for any valid reason at any time by adding, deleting or amending terms and conditions or the services provided.

 

A valid reason for making modifications would include an improvement in operational efficiency or an additional banking service : all modifications will be consistent with the fair treatment of customers and we shall explain why we are making changes.

 

Amendments to the provisions of the agreement will be alerted when you log on and will be included in the agreement available from NBKONLINE at that time : by continuing to use the NBKONLINE service after the effective date of a modification you confirm your agreement to and acceptance of the modification.

 

We shall not make any changes by which you might consider yourself disadvantaged, except where required to do so by law or where urgent action is imperative in order to prevent undue financial loss or other harm either to ourselves or to others.

 

The NBKONLINE screens and operating procedures in use shall prevail in the event of any inconsistency with this agreement.

 

(11) THE AGREEMENT : DURATION AND TERMINATION

 

Your NBKONLINE registration shall remain in effect until terminated either by you or by NBKI in accordance with the terms of this agreement.

 

To terminate your registration you must ask the bank to do this and confirm your request in writing.

 

You have the right to terminate your registration at any time : if you terminate the registration you may reapply to use the service subsequently.

 

Terminating the registration will not have the effect of cancelling payments or transfers still being processed or of recovering transaction charges already incurred. 

 

In practice you can suspend your NBKONLINE registration by disabling your ID (or cancel access to NBKONLINE services by disabling your password or TP) by making three unsuccessful access attempts.

 

If you disable your ID you will have to visit the branch to ask for this to be reissued.

 

NBKI may terminate your NBKONLINE agreement at any time, either having provided you with reasonable notice or immediately if the bank has a valid reason and also informs you promptly.

 

All the provisions of this agreement will continue in full force and effect after termination in respect of any matter connected with the agreement which has not been completed or resolved at termination : any obligations and liabilities incurred by either party prior to termination shall survive the termination for all purposes.

(12) THE AGREEMENT : LANGUAGE USED

 

This agreement and all related communications issued by the bank are expressed in the English language.

 

(13) THE AGREEMENT : GOVERNING LAW

*        

This agreement shall be governed by the laws of the United Kingdom and any dispute relating to it shall be subject to the jurisdiction of the United Kingdom courts.

 

(14) NBKI : SERVICE PROVIDER INFORMATION

 

Name : National Bank of Kuwait (International) PLC

 

Company number : 2773743 England

 

Main business : banking

 

Registered office and business address :

 

NBK House

13 George Street

London W1U 3QJ

United Kingdom

 

London retail branch at :

 

7 Portman Square

London W1H 7NA

United Kingdom

 

London main telephone number : + 44 207 224 2277

London facsimile number : + 44 207 224 2101

e-mail address : info@nbki.com

 

Also at :

 

National Bank of Kuwait (International) PLC

90 avenue des Champs-Elysees

75008 Paris : France

 

Paris main telephone number : + 33 15 659 8600

Paris facsimile number : + 33 15 659 8623

e-mail address :ob.UK@nbki.com

 

(15) NBKI : REGULATORY STATUS

 

NBKI is authorised and regulated by the Financial Services Authority (FSA)

 

Particulars can be viewed on the FSA Register : firm reference number 171532

 

For the FSA Register and the regulations applying to this agreement you may access the website http://www.fsa.gov.uk

Customers of our branch in UK should take note of the following :

 

This agreement is compliant with the FSA conduct of business regulations based on EC distance marketing and electronic commerce directives : the bank considers that the NBKONLINE service is provided from the UK (where the relevant system and operational support staff are located) and therefore that FSA regulations apply whether customer accounts are held at the London or the UK branch.

 

(16) COMPLAINTS AND COMPENSATION PROCESSES

 

(a) Complaints

 

If you want to make a complaint about the NBKONLINE service (or the way any enquiry about the service has been handled) you may contact us either in writing at our business address or by telephone and we shall be pleased to assist you : it would be helpful to address any complaint for attention of our Compliance Officer.

 

We would then look into the matter and hope to arrive at a satisfactory outcome : if we can not resolve the matter with you promptly we shall provide you with a written acknowledgment of the complaint and then keep you informed about our progress in dealing with it.

 

We shall send you either a final written response within eight weeks of the complaint or a written statement explaining the situation and why it is taking longer to resolve.

 

At that time we shall inform you that if you remain dissatisfied you may refer the matter to the Financial Ombudsman Service (FOS) within six months and we shall also enclose the FOS explanatory leaflet.

 

We shall be pleased to provide you with written details of our internal complaints handling procedure (which complies with FSA regulations) if you ask us for this.

 

Please note that customers of our branch in UK who use NBKONLINE are entitled to refer to the FOS any complaints about matters connected with the service.

 

(b) Financial Ombudsman Service (FOS)

 

If you are unsatisfied with the way in which your complaint has been dealt with by us you can refer the matter to the FOS.

 

This service (which is independent and provided free of charge) exists to resolve disputes and award compensation where appropriate.

 

You can contact the Financial Ombudsman Service as follows :

 

The Financial Ombudsman Service

South Quay Plaza : 183 Marsh Wall

London E14 9SR

 

telephone in the UK 0845 080 1800 (calls charged at the local rate)

telephone from overseas + 44 207 964 1000

website : www.financial-ombudsman.org.uk

e-mail address : complaint.info@financial-ombudsman.org.uk

(c) Financial Services Compensation Scheme (FSCS)

 

Your deposits with the bank are covered by the compensation scheme (set up by the Financial Services and Markets Act 2000) which may be able to pay compensation for loss in the event that the bank is unable to meet its obligations.

 

The FSCS operates in accordance with FSA regulations and payment of compensation (and the amount) would depend on the nature of the loss incurred and the circumstances of the claim in each case.

 

The maximum compensation payable currently to a deposit account holder is 100% of the total amount on deposit with the bank up to a maximum of GBP 50,000 : after 29 June 2009 the maximum is expressed as GBP 50,000 if greater.

 

Further information is available from the FSCS who can be contacted as follows :

 

Financial Services Compensation Scheme

Lloyds Chambers

7th floor

1 Portsoken Street

London E1 8BN

 

telephone : + 44 207 892 7300

facsimile  : + 44 207 892 7301

e-mail address : enquiries@fscs.org.uk

 

Access to the FSCS is available to customers of our branch in UK.

 

(17) ACCEPTING THE AGREEMENT

 

IF YOU ACCEPT THE AGREEMENT AS SET OUT ABOVE AND WISH TO REGISTER FOR NBKONLINE PLEASE GO TO THE NEW USER REGISTRATION SCREEN AND CLICK ON THE STATEMENT:

 

I ACCEPT THE NBKONLINE AGREEMENT  

 

(18) AUTHORIZATION FORMS

 

Corporate and Joint account authorization forms (included within this agreement) are attached for your use where relevant.

 

These forms are only required for corporate and joint accounts : please download and complete the relevant form (offline) for use as directed.

 

 

For your information : telephone numbers

 

Please note that, for the convenience of customers calling from outside the UK, all the telephone numbers included in this agreement (except the FOS 0845 number) are shown in the international style : however if you are calling from within the UK you must omit the + 44 prefix and enter a zero before the 10 digit number.

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