This Agreement entered into between the CMBDirect Corporate customer (hereinafter called "the Customer") and Caribbean Mercantile Bank N.V. (hereinafter called "the Bank) is to define the terms and conditions, which govern the use of CMBDirect Corporate.
CMBDirect Corporate: This is a secured website which the Customer can log on to make use of the following services offered:
- Balance inquiry on Current, Savings, Credit Card, Personal Loan, Personal Mortgage, and Time accounts at the Bank or designated Subsidiary.
- Inquiry on the last deposit date, amount, number and amount of debit and credit transactions on Current and Savings accounts.
- Inquiry on the Last 10 Debit and Credit transactions on Current and Savings Accounts.
- Inquiry on the status of checks.
- Transaction History inquiry on Current and Savings Accounts.
- Downloading of Transaction History on Current and Savings Accounts in the following industry-standard formats:
a. Comma Separated Values (CSV)
b. Data Interchange Format (DIF)
c. Quicken Import File (QIF)
d. Open Financial Exchange (OFX)
- Make transfers within the Customer’s own current and savings accounts.
- Make payments to the following type of beneficiaries: a. From a pre-defined global list of beneficiaries at the Bank. b. Those beneficiaries created and maintained by the Customer on his own. The beneficiaries can be customers of the Bank or can bank anywhere, either locally or internationally.
- Order a checkbook from a pre-defined list of checkbook types offered by the Bank.
- Place a stop payment on a check.
- Read mail on the site generated by CMBDirect Corporate icw the Customers payment transactions or send by the Bank.
- Change the password when the Customer deems necessary.
A client of the Bank who has applied and been accepted for CMBDirect Corporate.
A third party that the Customer can send funds to. The beneficiary can be banking at the Bank, or at any other bank, either local or international.
The code used by a Customer to identify himself on CMBDirect Corporate. When used together with the corresponding Electronic Signature will allow the Customer to enter the CMBDirect Corporate website.
Each secret combination of numbers or letters selected by the Customer for his use alone, as a means of identifying him to use CMBDirect Corporate services after successful initial sign-on. More commonly referred to as customer selected password.
Are those accounts having customer-initiated transactions during the past 365 consecutive days, or customer transaction privileges i.e.: not blocked.
Are those accounts that have either not moved during the past 6 months, have been closed, or a blocked by the Bank.
A program that is used to view pages on the internet.
This is a feature in a browser whereby at the Customer can accept the browser storing the User-id and password of a Customer of CMBDirect Corporate, Consequently, if any user subsequent to the Customer selects the CMBDirect Corporate site and with auto complete on, the user might get access to the User-ids and password of the Customer which are stored by the browser.
The following is required for the customer to make use of CMBDirect Corporate:
- Register with the Bank.
- Personal computer with internet connection.
- Microsoft Internet Explorer version 5.5. with service pack 2 or, Netscape Navigator version 6.2 or a higher version of either internet browser program.
- Internet browser program with the “Auto complete” function turned off.
Provision of these operational requirements and use of CMBDirect Corporate will be for the sole account and responsibility of the customer.
By enrolling for the CMBDirect Corporate Internet Banking Service, the Customer can use his User-id and a password (his Electronic Signature) specific to CMBDirect Corporate for access to his designated Accounts by personal computer through the Internet. The Customer authorizes the Bank to accept his instructions given pursuant to the foregoing which instructions will constitute an authentic and indisputable instruction of the Customer to the Bank to carry out the Customer’s respective request(s) for service under the facilities of CMBDirect Corporate as if the Customer had given the instructions in writing to effect the relative transactions/instructions.
Use of the CMBDirect Corporate services thru the appropriate use of the User-id and Electronic Signature to access CMBDirect Corporate, will confirm his unconditional acceptance of and agreement to the provisions of this agreement, the general conditions of the bank as well as respective amendments thereof as issued from time to time by the Bank.
- Inactive accounts cannot be accessed through CMBDirect Corporate.
- The Customer cannot make transfers or payments from accounts with insufficient funds.
- The Customer will also have the right to cancel his or her eligibility to use CMBDirect Corporate at any time and the Bank has the right to withdraw the service from any Customer at any time.
- The Bank may charge and the Customer agrees to pay to the Bank such charges as advised and made applicable by the Bank to the Customer for services pursuant to this agreement.
- The Bank may deduct from the Customer’s account, even if this creates or increases (an) overdraft(s), the charges described in #1 above.
- The Customer acknowledges and agrees that any CMBDirect Corporate charges introduced are in addition to any account level service charges, which apply to his/her personal accounts.
- CMBDirect Corporate has no monthly fee and it has the following transaction fees, with additional charges for Stop Payments and Checkbook Orders.
| Transaction type
| Within own Accounts
1.00 per transaction
| Bank Vendor List Payments
1.00 per transaction
| 3rd. Party Payments (not vendor list)
1.00 per transaction
| Wire Transfers
Standard fees apply
- In the execution of instructions/transactions of the client, for which license fee(s) or other costs and/or levies are due by the Bank, these will be charged/passed on to the client.
The Customer will be able to print a transaction record or reference number for each CMBDirect Corporate financial transaction, unless otherwise requested.
The Bank’s records will be considered to be correct and will be conclusive and binding upon the Customer in the absence of evidence to the contrary satisfactory to the Bank.
CMBDirect Corporate transactions, which affect account status and balances, will be processed according to the Bank’s regular Business day and non-Business daytime tables.
- The Bank is not liable to the Customer for any delay, loss, damage (direct or indirect) or inconvenience resulting from or arising in connection with the provision of or the failure, for any reason, to provide (any part of any) service pursuant to this contract except where such losses result from gross negligence or willful misconduct by the Bank. Also, The Bank is not responsible for the client’s acts or omissions or those of any third party hired, employed or used either by the Bank or the Customer relative to performance under this contract.
- The Bank is furthermore not liable to the Customer if a Payment has been made to a Beneficiary through CMBDirect Corporate and the Beneficiary has not updated the Customer's account.
- The Bank is furthermore not liable if the Payment is received late at the Beneficiary due to the Customer not taking into account the necessary days to process the payment.
- The Customer is responsible for any errors, which result from him having incorrectly provided to or selected from the Bank, any account number, amount or other information required for the proper operation of CMBDirect Corporate. The Bank shall in no way be liable for any theft, loss or subsequent damage(s) in any form the Customer may suffer while using CMBDirect Corporate. Payments by the Customer to incorrectly inserted beneficiary accounts or banks are the sole responsibility of the Customer and the Bank is not in a position to recall these payments. Losses resulting hereof will be fully, immediately and unconditionally borne by the Customer.
- The Customer will notify the Bank immediately in writing of the loss, theft or any unauthorized use of the Electronic Signature as the case may be. On receipt of such notice, the Bank will try to prevent, as much as possible, damages to the Client. The Customer’s responsibility will cease only when the Bank duly receives written notice of loss, theft or unauthorized use.
- The Customer is at all times responsible for the care and safety of the Electronic Signature. The Customer will keep the Electronic Signature confidential and secure from all persons without exception. The Customer is also responsible for confidentiality in case of having the “auto complete” function on the internet browser program on any computer that the customer uses to log on to CMBDirect Corporate turned off.
- The Customer is liable for all indebtedness, and account activity resulting from:
i. His use of the Electronic Signature including all indebtedness, account activity by persons to whom the Customer has made the User-id and/or Electronic Signature available such that they can be used together.
ii. Using the auto complete function on any browser program on any computer that the Customer used to access CMBDirect Corporate.
iii. Other losses that occur through CMBDirect Corporate for which the Customer is liable if the other losses occur as a result of authorized or unauthorized use of his Electronic Signature.
- Without prejudice to the bank’s exclusion of liability pursuant to this agreement, the Customer will be considered as contributing to the unauthorized use of the User-id and/or Electronic Signature and will in any event be fully liable where:
i. The Electronic Signature the Customer has selected is the same as or similar to an obvious number combination such as (but not limited to) his date of birth, bank account number(s) or telephone number(s);
ii. The Customer writes his Electronic Signature down or keeps a poorly disguised written record of his Electronic Signature, such that it is available for third parties for use with his User-id; or
iii. The Customer otherwise reveals his Electronic Signature resulting in the subsequent unauthorized use of his User-id and Electronic Signature together. iv. The Customer logged on CMBDirect Corporate from any computer with the auto complete function on the internet browser program turned on.
The Bank may at any time if urgent reasons so require, without notice, and in other cases exercising a reasonable notification effort, vary, extend or limit the whole or any part of the services it offers the Customer through the use of the User-id on CMBDirect Corporate.
The Bank can change the terms and conditions of this Agreement from time to time by adding, deleting or otherwise editing it in part or in full or can add special or other system operating conditions/requirements. Notice of additional or amended terms and conditions will be given to the Customer either in writing, addressed to the Customer at his last address on our records, and/or thru the Caribbean Mercantile Bank web site, or by e-mail.
- Any other dispute the Customer has regarding the services provided under this Agreement will normally be resolved expeditiously after the Bank is notified in writing of the dispute.
- If a dispute cannot be resolved within said parameter, we will provide the Customer with information concerning our dispute resolution process and how long each step will normally take.
- The parties to this Agreement accept that this Agreement, and all other related documents, be drawn up in the English language.
- The General Conditions of Caribbean Mercantile Bank N.V. of which the Customer has received a copy and which conditions he has accepted, are also applicable to CMBDirect Corporate.
- With regard to this agreement, Aruban law is applicable whereas the competent courts in Aruba have exclusive jurisdiction on matters arising from this agreement.
March 9, 2018