(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 : 

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.