1. This section contains the Samba Digital Banking Terms and Conditions which govern the use of Samba Digital Banking access (as defined hereunder) in addition to the Terms and Conditions and in the event of any conflict the Samba Digital Banking Terms and Conditions will prevail.
The Account Holder should read carefully the Samba Digital Banking Terms and Conditions stated below.
- "Samba Digital" means the eBanking web portal which can be used to access Samba Bank's
account information and perform transactions;
2. All capitalized terms used in these terms and conditions shall have the meanings ascribed to them hereunder.
In this section:
Samba Digital Banking means the internet banking services accessible on the Bank's website through which the Account Holder can electronically access a number of services connected with his Account in accordance with the terms and conditions hereinafter set forth.
Samba Digital Banking Terms and Conditions means and includes the additional terms and conditions relating to internet banking offered by the Bank via Samba Digital Banking as appearing in this section.
Other Information Provider means any provider of information accessible through Samba Digital Banking, other than the Bank. Other Information Providers may include, among others, Standard & Poor's, the New York Stock Exchange, the American Stock Exchange, NASDAQ Stock Market, the Options Price Reporting Authority and Wall Street on Demand.
Access Service Provide means any internet service provider providing connection to the internet and/or any commercial online service provider providing connection to the internet in addition to its own proprietary private network.
Other Software Supplier means any supplier of software used in Samba Digital Banking or used to access Samba Digital Banking, other than the Bank.
3. Samba Digital Banking Usage and Services If you dispute that you have carried out an eBanking transaction, we will expect you to co-operate with us and the police in any investigations. We may give the police and our insurers any information we consider relevant, to enable them to carry out investigations.
i. The Account Holder agrees to use Samba Digital Banking solely as provided in accordance with the Samba Digital Banking Terms and Conditions and any other terms and conditions indicated by the Bank from time to time The Bank shall not be responsible for any loss, damage, cost or expense whatsoever suffered or incurred by the Account Holder or third party as a result of any use or access of Samba Digital Banking in breach of any terms and conditions of this Agreement and where Samba Digital Banking is disabled for whatever reason.
ii. The Account Holder agrees to properly maintain the Accounts he/she has with the Bank to comply with the rules governing the Account and to pay any fees associated with the use or maintenance of the Account.
iii. Services
The following are examples of Account(s) services that will be available to the Account Holder when using Samba Digital Banking facility:
1. Account-to-Account Transfer - to Samba Accounts
2. Account-to-Account Transfer - to other Pakistan bank accounts
3. Transfer from Samba Account to a beneficiary through a Samba Branch
4. Maintenance of Pre-Defined Transfer - Adding a beneficiary
5. Maintenance of Beneficiary Details - Deleting a beneficiary
6. Subscribe/Unsubscribe to Samba e-statements
The Bank may make available a range of other Services and facilities through the channel of Samba Digital Banking from time to time.
iv. When the Account Holder instructs the Bank to transfer funds from his/her Account or pay a bill through Samba Digital Banking, the Account Holder authorises the Bank to withdraw the necessary funds from the Account. The Account Holder agrees that he/she will instruct the Bank to make a withdrawal only when a sufficient balance is available in his/her Account at the time of withdrawal. The Bank will not be obligated to act on any withdrawal Instruction from the Account Holder if sufficient funds, including overdraft lines of credit if any, are not available in the Account.
v. In the case of electronic payments, the money is debited from the Account on the day the Bank electronically transmits the payment to the payee. In most cases, this is the date the Account Holder specified when he/she gave the Bank his/her Instructions. If, however, the Account Holder specifies a date, which falls on a Sunday or public holiday, the Bank will debit the Account and electronically transmit the funds to the payee on the next Business Day. If there are insufficient funds available in the Account on the day transfer, bill payment, or other debit Instructions are requested, the Bank will notify the Account Holder on-line by electronic message that his/her application has been rejected.
vi. All Instructions received by the Bank from the Account Holder through Samba Digital Banking are irreversible and the Bank may charge the Account any charges that may be applicable for undertaking such Instructions.
4. Costs Samba Bank will be entitled to:
i. Charge fees and services for access and use of Samba Digital Banking facilities/Services.ii. Charge applicable fees and service charges for carrying out transactions on Samba Digital Banking Facilities/Services such charges are notified in the schedule of charges issued by Samba Bank Limited from time to time.Tthe Account Holder is responsible for all telephone charges incurred in connecting to Samba Digital Banking. The Account Holder is also responsible for charges by any Access Service Provider.
ii.There may be separate charges for additional Services the Account Holder requests on Samba Digital Banking, for example, services of Other Information Providers. The Account Holder will be informed of the cost of each additional Service when he/she signs up for it.
iii. Amendments/Fees The Bank may amend and/or modify the Samba Digital Banking Terms and Conditions at any time at its discretion and inform the Account Holder of such amendment by giving the Account Holder notice by placing the same at the Bank's offices and branches and/or by sending a message to the Account Holder via Samba Digital Banking Services. The fees and charges applicable to any Service offered by the Bank via Samba Digital Banking shall as per the applicable schedule of charges of the Bank.
5. Suspension As soon as one of you tells us another joint holder is no longer allowed to authorise transactions, or if we think transactions should be authorised by you all jointly, we will suspend our eBanking service on that account.
i. The Bank may, without prior notice to the Account Holder, suspend the use of Samba Digital Banking at its sole discretion without assigning any reason for such suspension.
ii.Samba Digital Banking will be available for use by the Account Holder at all times, provided however the Bank may at its sole discretion conduct routine maintenance and repair which may render the Samba Digital Banking Services unavailable from time to time. The Bank may also be unable to provide the Samba Digital Banking Services due to any other reasons including power break downs, system failures or other reasons beyond the control of the Bank. The Account Holder accepts the Bank shall not be liable for any disruption and/or non availability of Samba Digital Banking Services.
6. Indemnity Notwithstanding anything contained in these terms and conditions, the Account Holder hereby indemnifies the Bank and hereby agrees to hold the Bank harmless against any loss, damage, costs, charges and expenses that may be suffered by the Bank as a direct or indirect consequence of the Account Holder accessing the Samba Digital Banking Services and infecting the Samba Digital Banking and the system with a virus. The Account Holder shall indemnify the Bank, its employees and nominees and agents from and against all actions, omissions, negligence, proceedings, claims, demands, damages, losses, (including direct, indirect or consequential losses), costs and expenses including all duties, taxes or other levies and legal costs and other liabilities which the Bank may incur due to the Account Holder's use of Samba Digital Banking and any Services availed via Samba Digital Banking. The Account Holder shall compensate the Bank for any loss the Bank suffers as a result of Account Holders non compliance with any of the Samba Digital Banking Terms and Conditions and any other terms and conditions applicable to the use of Samba Digital Banking.
7. Confidentiality The Account Holder has a right to confidentiality and the Bank will not disclose to anyone other than its employees, agents and its parent company's representatives any specific information about the Accounts except:
i. When the Account Holder agrees that the Bank may provide the information to others.
ii. When the Account Holder has given the Bank a credit reference.
iii. When an inquiry is made regarding sufficient funds to cover a cheque the Account Holder has written.
iv. If the Bank closes the Account because it has been maintained in an unsatisfactory manner.
v. When law requires the Bank, to report to the SBP or any other regulatory body and provide information requested by them in relationship to the Account.
vi. When the Bank is required to provide the information to comply with legal process.
Except as otherwise prohibited by law, the Account Holder agrees that the Bank may share with other reputable firms, as the Bank deems fit, the information about the Account Holder that he/she provides, or that the Bank obtains as a result of transactions or other activity, for among other things, the purpose of offering the Account Holder products and services that the Bank believes may be of interest to the Account Holder. If the Account Holder does not wish to receive telephone and/or mail solicitations from the Bank, the Account Holder may notify the Bank through the telephone banking Services or by written communication to the Bank. The Bank will then remove the Account Holder's name from any mailing or telephone list used for these purposes.
8. Limit of the Bank's and Other Providers Liability
i. The Bank agrees to make reasonable efforts to ensure full performance of Samba Digital Banking. The Bank will be responsible for acting only on those Instructions sent through Samba Digital Banking which are actually received. The Bank cannot assume responsibility for malfunctions in communications facilities, which may affect the accuracy or timeliness of messages the Account Holder sends.
ii. The Bank is not responsible for any losses or delays in transmission of Instructions arising out of the use of any Access Service Provider or caused by any browser software. The Bank is not responsible should the Account Holder give incorrect or incomplete Instructions or if his payment Instructions are not given sufficiently in advance to allow for timely payment.
iii. Any information the Account Holder receives from the Bank and Other Information Providers is believed to be reliable. However, it can only be provided on a reasonable efforts basis for the Account Holder's convenience and is not guaranteed. The Bank and Other Information Providers are not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information.
iv. The Bank or Other Information Providers are not responsible for any computer virus or related problems, which may be attributable to services provided by any Access Service Provider or which may originate from the Account Holder's personal computer.
v. The Bank will not be liable for any loss or damage to the Account Holder as a result of providing the Samba Digital Banking Services, including without limitation any direct, indirect, consequential or special loss suffered by the Account Holder howsoever caused by the use of the Samba Digital Banking Services whether directly or indirectly arising from the use or availability of the Samba Digital Banking Services or the use of the related systems and services.
9. No Other Use
i. Samba Digital Banking uses propriety software of the Samba Financial Group, the holding company of the Bank, and Other Software Suppliers. If the Bank has provided the Account Holder with software to use with Samba Digital Banking, the Account Holder is being granted a non-exclusive license to use this software. This allows him/her to use the software only for its intended purposes as provided in the Samba Digital Banking Terms and Conditions. The Account Holder may not disassemble, decompile, copy, modify or reverse engineer any of the Samba Digital Banking software or allow anyone else to do so.
ii. Samba Digital Banking gives the Account Holder access to services and information from the Bank, and Other Information Providers, which may be presented with a distinctive "look and feel." These services, information and "look and feel" are proprietary information of the Bank's holding company, Samba Financial Group and the Other Information Providers. The Account Holder may use Samba Digital Banking only for his personal, non-business use and may not reproduce, sell or distribute all or any portion of the information provided to him/her by Samba Digital Banking.
iii. The Bank makes no representation to the Account Holder regarding the use of the Samba Digital Banking platform or any communications or delivery system specified by the Bank with respect to its quality, timeliness, performance, accuracy, reliability, continued availability or otherwise. The Bank does not warrant or represent that the platform or any communications or delivery system will conform to any description thereof provided by the Bank or will be free of errors or defects.
10. Customer Service
i. If the Account Holder needs assistance or wishes to communicate with the Bank, he/she may call SambaPhone at 11 11 72622 within Pakistan or +92-21-11-11-72622 when calling the Bank from overseas. The Account Holder may also write to the Bank: Samba Digital Banking, Samba Bank Limited, Arif Habib Centre Plot No.23, Ground floor M.T Khan Road Karachi.
ii. The Account Holder agrees that the Bank may record the conversations its employees have with him/her. The Bank does this from time to time to monitor the quality of service and accuracy of information its employees give the Account Holder, and to ensure that the Account Holder's instructions are followed.
iii. The telephone banking employees of the Bank can help resolve any Samba Digital Banking problems but are not authorised to waive any provision of the Samba Digital Banking Terms and Conditions.
11. Electronic Messages As normal internet e-mail transmissions may not be secure, the Account Holder agrees to contact the Bank electronically only through the "Message Center" under "How Can Samba Help?" The Account Holder also agrees to receive communications regarding the Account electronically and will not attempt to circumvent receiving any messages. The Account Holder is deemed to have received any electronic messages sent to him/her when they are made available to him/her. The Account Holder may print a copy of such communications using the "print" function of his software, or he/she may request that the Bank mail to him/her a paper copy of such communication by contacting Customer Service as provided in section 10 above.
12. Miscellaneous
Business Days
The Bank's normal business days are Monday through Saturday, except for public holidays. Access to the Bank's website will, however, generally be made available 24 hours a day, 7 days a week.
Account Statements
The Account Holder will receive a periodic account statement for his Account, showing, among others, his electronic banking financial transactions.
Documentation/Source Media
The Bank's records, consisting of advices, confirmations, and other documents relating to transactions generated by the Bank shall be the conclusive evidence to be relied upon in judging any disputes relating to figures, data, charges, fees, transactions, Instructions or any other matter arising between the Account Holder and the Bank.
Personal Identification Number
The Account Holder should ensure to keep his Samba Digital Banking user ID and password himself/herself; these codes being important means of protection for the Account Holder. It is recommended that the Account Holder should not write them on his/her personal computer or any computer materials, or any other access device. The Account Holder should contact the Bank immediately if he/she believes that an unauthorised person has obtained access to his/her password. The telephone is the fastest way to alert the Bank that someone may be using the Account Holder's Password without his/her permission. The Account Holder could lose all the money in the Account (plus his maximum overdraft line of credit, if any). The Account Holder should call Samba Phone at +92-21-11-11-72622.
The Bank shall not be responsible for any damage the Account Holder suffers as a result of loss, disclosure or fraudulent use of his/her user ID and/or password.
13. Security Tips & Recommendations The Account Holder agrees to read and comply with the security tips/ recommendations that the Bank provides the Account Holder from time to time and those precaution and awareness messages that the Bank continuously displays on its Internet sites. The Bank also agrees that these tips are not necessarily comprehensive and that the Account Holder shall refer to other specialized sites in order to remain informed of the latest security standards/ hazards/ recommendations and implement them to protect his banking interest, including his user ID and password. The Bank shall not be responsible for any damages that the Account Holder may incur as a result of loss, disclosure or fraudulent use of his user ID and password.
