Rules for provision and use of “KICB”/ “KICB BUSINESS” internet-banking system in
CJSC “Kyrgyz
Investment and Credit
Bank”
1.
Terms and definitions
Bank – CJSC "Kyrgyz Investment and Credit Bank".
Client - an
individual/individual entrepreneur/legal entity, connected to the “KICB”/ “KICB
BUSINESS” internet- banking system in accordance with these Rules.
Account - any bank account
opened for the Client on the
basis of an agreement concluded between the Bank and the Client.
Remote banking system “KICB”/ “KICB BUSINESS” - (hereinafter referred to as the
"KICB" system) - a
set of services for remote access and
management of the Client's bank accounts using a computer, mobile phone or other device with Internet access. It
includes the following services:
·
Internet banking - a remote service channel
provided to the Client through
a web-browser;
·
Mobile banking - a remote service channel
provided to the Client through
a mobile application.
Remote banking service -
when the Bank provides the Client with opportunity to carry out banking
operations without need to come to the Bank, using “KICB”.
Personal Account is a website
section that allows the user to
get access to their bank accounts and remotely
manage their bank accounts.
Authorization data - login, password, One Time
Password, PIN code and biometric data of the Client, used by the Bank to authenticate him/her when
entering “KICB” system.
Client Authentication is
the establishment of the Client's authenticity by verifying the authenticity of
submitted identifier (login, password, biometrics, pin code, etc.) based on the
Authorization data.
Login - a unique
electronic name/identifier used to authenticate the Client in “KICB” system.
When the Client connects to “KICB”
system, the login is initially generated by the Bank, later the login can be changed by the Client independently.
Password - a unique sequence of characters intended
for the Client's
authentication in “KICB”
system.
One Time Password (hereinafter referred to as the
OTP code) is a one-time password for
Client authentication or authorization of transactions
sent to the Client's mobile phone via SMS or generated by the Google
Authenticator mobile application, or generated by a token.
PIN code -a unique sequence of characters used to authenticate the Client in
the mobile application. After the first successful authentication of the Client,
the PIN code shall replace the login
and password (if there is no password or biometrics on the hardware
device).
Biometric data - the
function of the Client's fingerprint or Client's face recognition, read and
processed by the mobile phone and used to authenticate the Client.
It is an optional replacement for the pin code
and is available if the Client's mobile phone supports such
functionality.
Google Authenticator is a mobile application installed on the Client's mobile
phone that generates an OTP code.
Token is a physical
device that generates
an OTP code.
Push notification is a
message sent by the Bank via the Internet to the Client's mobile device with a
mobile application installed on it.
Tariffs - the rate of payment established and charged
by the Bank for the services
provided. The current Tariffs are communicated to the Client by posting
information on the website www.kicb.net.
Application - the Customer's application for servicing in the “KICB” system
submitted to the Bank, signed by the Customer in the form approved by the Bank.
Operation - any banking
operation carried out by the Bank at
the Client’s request.
Client's Order is an
electronic payment document, which contains the Client's instructions to the Bank to carry out banking operations stipulated by these
Rules and the functionality of the “KICB” system.
Authorized work session -
the period of the Client's work in the “KICB” system, beginning of which is the
execution of the Client's Authentication procedures. The end of an authorized
session of the Client's work in the “KICB” system is the moment of log-out from
it.
An authorized person is a
person authorized by the Client in accordance with the procedure established by
the legislation, who is entitled to manage the Client's accounts, funds on
these accounts on behalf and at the expense of the Client, perform operations
on the Client's account, to receive information about the balances on the
Client's accounts, and receive statements about cash flow through the Client's
accounts.
Confidential Information - any information (data) received, transmitted and used by the Bank,
the Client or an Authorized Person during use of remote banking services, including Authorization
data and information constituting a bank secret.
View mode - access to “KICB”
system without possibility of performing transactions.
Full access
mode - access to the “KICB” system with the ability
to perform transactions.
Party - the Bank or
the Client.
Parties - the Bank and the Client.
2. General Provisions
2.1. These Rules
are a public offer -
the Bank's offer to
conclude an agreement for
remote banking services using
the “KICB” system based on terms specified in these Rules.
The contract for remote banking
services using the “KICB” system shall be considered concluded and becomes effective
from the moment the Client signs and submits the Application.
These Rules are an integral part of the
Application, contain its main terms and conditions, and together constitute a
single agreement for remote banking services using “KICB” system.
These Rules
determine the procedure and conditions for the Bank to provide the Client with
remote access to its Account via Internet using the “KICB” system, as well as
regulate the relationship between the
Client and the Bank arising under these Rules.
2.2.
When the Client signs and submits the Application to
the Bank, it means that he/she expresses his/her unconditional and full consent
to accede to these Rules and to
accept the terms and requirements of the Rules.
2.3. The Rules shall be binding on both by the Client
and the Bank.
2.4. By signing
the Application and submitting it to the Bank, the Client confirms
that:
2.4.1. before submitting the Application to the Bank, the
Client has fully read and agrees with these Rules and the Bank's Tariffs for
the services provided, undertakes to pay for the Bank's services in accordance
with their volume and applicable tariffs on the terms provided for by these
Rules, undertakes to comply with the conditions and requirements of
these Rules, undertakes to monitor and comply with changes in the
Bank's Tariffs and these Rules on the Bank's website www.kicb.net;
2.4.2. The Client is familiar with and agrees that the Bank has the right to
unilaterally amend or
supplement these Rules, change or establish new Bank Rates with notifying the
Client about this by posting electronic versions of new editions of the named
documents on the Bank's website www.kicb.net 10 (ten) calendar days
before the date of entry into force
of these changes or additions, except for changes and additions due to the requirements
of the legislation of the Kyrgyz Republic, for which an earlier
date of entry into force
is stipulated by the regulatory acts of the Kyrgyz Republic;
2.4.3. The Client is familiar with and undertakes to comply
with the security requirements for the provision of remote banking services provided
for by these Rules and the security recommendations posted in the “KICB”
system.
2.5.
The client who acceded to these Rules assumes all
the rights and obligations provided for by these Rules, including all and any
changes and additions made to them.
2.6.
When the Client logs into the “KICB” system and
before starting the service, the Client should familiarize himself with the
current version of these Rules posted on the Bank's website www.kicb.net.
2.7. The Client, by connecting to the “KICB” system, agrees
to banking services through the Internet, realizing that the Internet is not a
secure communication channel and the Client, who acceded to these Rules, shall assume all risks:
2.7.1. arising from use of such a communication channel,
including those related to the possible access of third parties to the Client's
Authorization Data and performance by a
third party, who became aware of the Client's Authorization Data, expenditure
and other operations on the Client's Account (s) and other actions to manage
the Client’s account ( -s);
2.7.2. connected with
connection of its technical means to the Internet and independently ensures the
protection of its own technical means from unauthorized access and malicious
software;
2.7.3. and assumes all possible losses, damages, etc.,
arising from use of remote banking services through the Internet, including as a result
of fraudulent, hacker, virus attacks from the Internet
and hereby the Client guarantees
that he/she will not make any claims
against the Bank, will not file any claims
against the Bank
in such cases,
since the Bank has previously and fully informed the Client about the possible
risks. The Client hereby acknowledges and confirms that he/she himself/herself
is the initiator of providing him/her with the technical ability to manage the Account (s), manage funds
on the Account (s) and make payments and Transactions using remote
banking services, as well as that he releases the Bank from any liability,
and the Bank, accordingly, does not bear any responsibility to it for any
consequences that may arise for the Client in case of interception by third
parties of control of the Client's personal computer, mobile phone, theft of
Authorization data or the Client's failure to comply with security procedures.
2.8. The types and
amount of fees payable by the Client when using the “KICB” system shall be
determined by the Bank's Tariffs.
The Client undertakes to pay for remote
banking services in accordance with the Bank's Tariffs on the terms determined
by these Rules.
2.9.
The Client has the right to refuse to use the “KICB”
system by submitting an appropriate application to the Bank, provided that
there are no disputed Operations, arrears in
payment for the services of the Bank and third banks participating
in the Client's Operations, other unfulfilled obligations to the Bank and any
other claims of the Bank, connected with remote banking services of the Client
and his/her Accounts.
2.10.
Requests for blocking the access to the “KICB” system
received by the Bank in the manner prescribed by these Rules are recognized
by the Parties as originating from
the Client and claims for the consequences of
blocking by the Bank are not accepted, to which the Client expresses
his/her unconditional consent.
3. The procedure for provision access
and use of “KICB” system
3.1.
The Bank shall provide the Client with access to
“KICB” system on the basis of the Client’s written Application, which can be
submitted by him/her, both at the time of concluding the "Agreement for
opening and maintaining a bank account in national and foreign currencies"
or "Agreement for accession of the Cardholder", so and at any other
time during the validity period of these Agreements.
3.2. The right to use
“KICB” system shall be granted by the Bank only to the Client personally or to
the Client's Authorized Persons.
3.3.
Initially, the Password shall be generated by the
Bank when connecting to “KICB” system, after successful Authentication, the
Client can change the Password an unlimited number of times at his/her own
discretion, subject to the requirements for passwords.
3.4.
OTP code can be sent to the Client to the mobile
phone via SMS or it can be generated via the Google Authenticator mobile
application or Token.
3.5. The method of
obtaining OTP-code shall be chosen by
the Client at the time of submitting the Application to the Bank, subsequently it can be changed at the Client’s
request.
3.6. The Client's
access to the “KICB” system shall be carried out through the Internet be means
of a web browser and a mobile application. It is mandatory to use the most
current versions of web browsers. The application is supported only by the
following mobile operating systems: iOS and Android.
3.7. All
Operations made through “KICB” system within the Authorized Session of Work are
unconditionally and unconditionally recognized by the Parties as Operations
performed personally by the Client or his/her Authorized Person, and the Client
bears full financial responsibility for such Operations.
3.8. All transactions
in “KICB” system, both to obtain
information and to perform
Operations, performed within the Authorized session of work, are
unconditionally recognized by the Parties, performed personally by the Client
or his/her Authorized Person, and the Client shall be bear a full financial
responsibility for such Operations
...
3.9. The Client shall
be obliged to treat the performance of Transactions through “KICB” system with
due caution, as well as to take reasonable measures to reduce the likelihood of
performing unintentional or accidental Transactions. All Transactions performed
during the authorized work session, including payment for the goods/ services,
transfers and payments shall be considered executed by the Client’s order and confirmed by him/her.
4. Main requirements on observation of security and confidentiality
4.1. This section
shall define the rules mandatory for
the Client to comply with in order to ensure the required level of security when using “KICB” system, and also
includes a list of measures to ensure the confidentiality of client data and
the Operations performed by the Client.
4.2. The Bank carries out, and the Client acknowledges
the Bank's right to save in
the Bank's database all events and actions performed within
the framework of the authorized work session.
4.3. On the part of
the Bank, information security requirements when using “KICB” system by the
Client shall be ensured by taking the
following measures:
4.3.1. obligatory assignment
of a
unique login to each Client;
4.3.2.
mandatory generation of the Password in ways that
exclude the possibility of access to information about the Password for any
third parties;
4.3.3. to set the requirements for password complexity;
4.3.4. to limit the number of attempts to enter the Password in case of its incorrectness;
4.3.5. to limit the number of attempts to enter PIN code if it is
incorrect;
4.3.6.
mandatory entry of OTP code when performing certain types of operations, as well as in case of
authentication in the web-version;
4.3.7.
to use the Client's Biometric Data
as Authorization Data for a mobile application, if such functionality is
supported by the Client's device;
4.3.8. to set the time limit for the validity of the OTP code;
4.3.9. there will be a failure of the mobile application of
the “KICB” system on the Client's mobile device (mobile phone and/ or other device that allows the use of the
Bank's application) when the application of
the “KICB” system on the device determines the rights of full access to the
operating system and all functions of the mobile device, which entailed the
removal of restrictions by the manufacturer or telecom operator for
manipulating system applications and provided ability to run applications that
require administrator rights (root and/ or jailbreak);
4.3.10.
other methods established by the Bank as ways to increase
the level of information security
of “KICB” system.
4.4. The Client shall mandatory execute the following measures to ensure
information security when the Client uses “KICB” system:
4.4.1. The client must be sure to keep the Login, Password,
OTP-code, PIN-code confidential. It is strictly prohibited to transfer the
Authorization Data to third parties both in oral or in written form;
4.4.2. The Client should
change the Password
on a regular basis;
4.4.3. If the Client
has the slightest
suspicion or revealed
facts that indicate:
-
access of third parties
to the Client's Authorization Data;
-
access of third parties
to the “KICB” system on behalf of the Client;
-
the
loss (theft) of a mobile phone and/or SIM card, to which the mobile phone
number is linked, provided by the
Client to the Bank in order to receive SMS messages with OTP codes;
-
the loss (theft) of a token;
-
the attempts
to unauthorized access
to the Client's Account using
the “KICB” system;
The Client shall be obliged to immediately notify the Bank of
this either through a written
application or by telephone, provided that the Client specifies a code word or
other supporting data (the list of identification data is established by the
Bank), followed by written confirmation of this requirement within 5 (five)
calendar days (application on paper with the signature and seal (if any) of the
Client). If the Client is not able to provide the above written confirmation
within 5 (five) calendar days, then this period may be changed by agreement
with the Bank;
4.4.4. The Client shall be obliged not to allow on the
devices used to enter “KICB” system, the loading of resident programs that
allow uncontrolled access to storage devices and input/output devices;
4.4.5. The Client
shall be obliged to use anti-virus
software on the devices used to log into “KICB” system, keep the anti-virus software databases
up to date, regularly install security updates issued by the
developers of the operating systems and web browsers used;
4.4.6.
The Client undertakes not to use the Bank's
application on mobile devices (mobile phone and/ or other device allows the use
of the Bank's application), which were subject to the process of obtaining full
access to the operating system and all functions of the mobile device, which
entailed the removal of restrictions by the manufacturer or telecom operator
for manipulating system applications and provided ability to run applications
that require administrator rights (root and/ or jailbreak).
4.5. The Bank shall
not send messages and call the Client with a request to inform all or part of
the Authorization Data. The Client, in turn, undertakes not to respond to
incoming oral phone calls or written requests to report all or part of the
Authorization Data. If the Client receives such requests, he is obliged to
leave it unfulfilled/answer, and notify the Bank of this fact as soon as
possible.
4.6. Only registered Clients can have Access to the
“KICB”system and its use, including any Operations,
as well as viewing information. The Client can’t transfer his/her Authorization
data to third parties; it’s a direct violation of these Rules. The Client shall
bear a full responsibility for the consequences of the transfer of his/her
Authorization data to third parties. In case
of revealing the fact of the Client's
transfer of his/her Authorization Data to third parties, the Bank has the right, at its
discretion, to temporarily suspend the Client's access to the “KICB” system or to completely terminate
the provision of remote
banking services to the Client in a unilateral extrajudicial procedure.
4.7. The Bank shall be
entitled, without notifying the Client,
to temporarily suspend or restrict
the Client's access to “KICB” system, to refuse
the Client to grant or renew access
to “KICB” system if the Bank has sufficient grounds to believe that an attempt to unauthorized access to “KICB”
system is possible on behalf of the Client.
4.8. The Bank is
entitled to suspend the Client's
access to “KICB” system in case if it was established that the Client
has violated these Rules by blocking his/her account.
4.9. The client is
informed and fully aware that the
transmission of confidential information over the Internet entails the risk of
unauthorized access to such information by third parties. After connection to
“KICB” system, the Client shall agree with banking services via the Internet,
realizing that the Internet is not a secure channel of communication and information transfer, as well as all the risks
associated with a possible violation of confidentiality
and other risks arising from the use of such a communication channel.
4.10.
The Client shall understand that at use of “KICB”
system there is a risk that third parties can have unauthorized access to the
Client's accounts, as well as to
information on Operations. Unauthorized access becomes possible due to the interception by third parties of the control of the Client's personal computer,
mobile phone, theft of Authorization data.
4.11. The Client shall
be obliged to fulfill the requirements of these Rules in full, as well as to
take all necessary measures to secure and protect information and documents
exchanged within the framework of “KICB” system.
4.12. The client shall
be obliged to ensure the connection of his/her technical means (personal
computer, mobile device and other means) to the Internet independently and at his/her own expense, as well as to ensure the protection of his/her own technical means
from unauthorized access and malicious software.
4.13. If the Client
violates the rules for the safe use of remote banking services specified in these Rules, as well as in cases of fraudulent transactions, hacker, virus attacks from
the Internet, the Bank shall not be responsible for the Operations performed on
the Client's Account.
5. Transactions
5.1. The Parties
shall recognize Bishkek
time (UTC+6) as a single
time scale during
work with the “KICB” system.
5.2. The transactions shall be carried
out on the basis of the list provided
by the Bank for the “KICB”
system.
5.3. The Bank has the
right to notify the Client about potentially important information for the
Client by means of SMS messages, e-mail mailing, Push-notifications: about the
Account status, about the movement of funds on the Account, with a reminder
about loan debts, about new services of the Bank, etc.
5.4. The Bank shall provide
the Client, who has Internet
access with the following services/operations:
5.4.1. transfers within
the Bank;
5.4.2. transfers to other banks in national
currency;
5.4.3. transfers to other banks in foreign currencies;
5.4.4. currency conversion;
5.4.5. payments for the purpose of paying for services (utility bills, etc.);
5.4.6. other services/operations available to the Client.
5.5.
The Bank shall be entitled to change the list of
services provided through “KICB” system. When the Bank changes the list of
services provided by the Bank through the “KICB” system, the Bank shall notify
the Client by posting information on the Bank's website and/or an information
message sent to the Client's email address in the manner prescribed by these Rules. The client has the right, at his discretion, to use or
refuse these services.
5.6. Transfers of
funds in a currency other than the
currency of the Account (if the currency of funds in the Account is different and the currency of the funds
transferred) shall be carried out at the exchange rate established by the Bank
at the time of the Operation.
5.7. The
Parties acknowledge that electronic payment documents (Client's Orders)
executed in the “KICB” system are considered outgoing from the Client and are
legally equated to payment documents received by the Bank from the Client in
hard copy, drawn up in accordance
with the regulatory legal acts of the Kyrgyz Republic and personally signed by
the Client.
5.8.
The Bank has the right to impose permanent or
temporary restrictions for the performance of Operations through the “KICB”
system. The Bank shall inform the Client about existence of restrictions by
means of:
5.8.1. posting the documents
and information on the Bank's
website;
5.8.2. sending information messages
in the Personal Account;
5.8.3. other ways at the
discretion of the Bank, allowing the Client to receive information and establish that it’s
received from the Bank.
5.9. The Bank shall have the right to refuse to execute
the Client's Order:
5.9.1.
if there are not enough funds on the corresponding Client's Account to carry out this Operation, taking into account the
commission (if any) for its execution;
5.9.2. if there is a suspicion in security violation during use of the “KICB” system, including
if the Bank has reason to believe that the execution of the Order may result in
financial losses for the Bank or the Client;
5.9.3. if the amount of Operation exceeds the limit (s) for
Operations via the “KICB” system or does not comply with the limits established
by the Bank's Tariffs;
5.9.4. if the acceptance
of the Order is impossible without the provision by the Client of additional
documents required in accordance with the legislation of the Kyrgyz Republic;
5.9.5.
if the execution of the Order
entails a violation of the current legislation of the Kyrgyz Republic,
regulations of the National Bank of the Kyrgyz Republic, these Rules, as well
as the terms of other agreements (contracts) concluded between the Client and
the Bank;
5.9.6. if the Client's Account
has been seized;
5.9.7.
in other cases stipulated by the agreement concluded
between the Bank and the Client and/or the legislation of the Kyrgyz Republic.
5.10. The Client agrees
that use of his/her Authorization data is reliable and sufficient for
establishment of his/her personality and confirmation of right to hold
operations on his/her accounts.
5.11. Commission of the
Bank paid by the Client in a currency other than the currency of debiting shall
be carried out at the exchange rate established by the Bank at the time of the
Operation.
6. Rights and obligations of the parties
6.1. The Bank shall be obliged to:
6.1.1.
execute the Client's Orders, created during the
Authorized session of work, on behalf of and at the expense of the Client;
6.1.2. advise the Client on the connection, use and performance of Transactions in “KICB” system;
6.1.3. provide technical support and maintenance of “KICB” system;
6.1.4.
in case of technical problems in the process of
“KICB” system use, to take all possible actions to eliminate them within a
reasonable time, while the Client is not entitled to have claims to the Bank
and during the period of elimination of technical problems must carry out
Operations in the usual way using paper media, or use an alternative method of
transferring the Client's Orders to the Bank;
6.1.5. to notify the
Client about changes in the operation of “KICB” system in the manner prescribed
by these Rules;
6.1.6. to keep
bank secrecy about operations performed on the Client's accounts and provide information on them only in cases stipulated by the legislation
of the Kyrgyz Republic;
6.1.7. to block access
to the “KICB” system upon the written application of the Client (applicable
only for legal entities). The Client's
oral statement on blocking is accepted by the Bank upon proper
identification of the Client - the Client's message of the code word or
other identification data (applicable for individuals).
6.1.8.
monitor the security of their own systems and take
all possible measures to prevent hacking of systems and other external threats
and attacks;
6.1.9. to bear other
obligations stipulated by these Rules.
6.2. The Bank shall be entitled to:
6.2.1. unilaterally make changes and additions to these
Rules (including in connection with the emergence of new
services/services/opportunities), or establish new Bank Tariffs with
notification of the Client about this by posting
electronic versions of new versions of the Bank www.kicb.net 10 (ten) calendar days prior
to the date of entry into force of these amendments or additions, with the
exception of amendments and additions due to the requirements of the
legislation of the Kyrgyz Republic, an earlier date of entry into force
provided for by the regulatory acts of the Kyrgyz Republic;
6.2.2.
at its own discretion, temporarily suspend or
restrict the Client's access to the “KICB” system or refuse to grant
or renew access to “KICB” system, or
refuse to carry out specific Operations, or unilaterally and out of court completely terminate or temporarily suspend the provision to the client of
remote banking services:
6.2.2.1.
in case if it was found that the Client's actions
clearly indicate the presence of malicious intent, with the aim of causing
damage to the Bank;
6.2.2.2. in case of detection of facts of
violation by the Client of the security rules and conditions for using the
“KICB” system, set forth in these Rules, as well as the current legislation of
the Kyrgyz Republic;
6.2.2.3. if the Customer
has unpaid debt to the Bank, including overdue debt on loans;
6.2.2.4. in case of insufficient funds on any Account for
payment of the cost of services using the “KICB” system;
6.2.2.5. in case if the Client
has violated the terms of these Rules;
6.2.2.6. in case of technical malfunctions while working with the “KICB”
system;
6.2.2.7. in case of change of software and carrying out preventive maintenance;
6.2.2.8.
in case of a disputable situation related to service
of the Customer at the Bank, until the dispute
is resolved;
6.2.2.9. in other cases provided for by these Rules, the legislation of the Kyrgyz Republic;
6.2.3. unilaterally establish and change limits for the
performance of Operations through “KICB” system, establish technical and other
restrictions, as well as implement other mechanisms that reduce the risks of the Client and the
Bank arising from the use of the
“KICB” system, including additional
organizational and technical
measures to increase the level of security in
the provision of remote banking services;
6.2.4.
without Client’s consent, order and
payment orders (in a non-authoritative manner), as a matter of priority, write
off funds from any Client's Account, to which the Client expresses his/her
unconditional consent:
6.2.4.1. for payment of services
and commissions of the Bank and other banks related to service of the Client and Transactions, carried out on the
Client's Account (s), on the day of the Operation/ provision of the service or
at any time after the completion of the Operation/provision of the service, in
accordance with the current Tariffs of the Bank regardless of the presence of
facts of using the “KICB” system and/or operations on the Client's Account;
6.2.4.2. to compensate for the
Bank's expenses incurred in the course of business
relations with the Client or in connection with remote banking services for the Client;
6.2.5. immediately cancel the Client's access to the “KICB” system,
in case of closing the Client's
Account
(s) with the Bank;
6.2.6.
if necessary, request the Client to issue the
Client's Order on hard copy with the signature of the manager/authorized
persons and the seal of the Client (if any) for the implementation of the
service/operation no later than the next business day by sending the Client a
written message or an information message sent to Personal account. In this
case, the Bank will not execute the Client's Order until the receipt of the document in hard copy;
6.2.7. disconnect the Client
(legal entity) from the “KICB” system if the legal entity has a debt to the Bank for more than 3
(three) months to maintain a current account using the “KICB” system. To
re-connect the Client to the “KICB” system, the Client will have to pay a fee for connection based on the Bank's
Tariffs;
6.2.8.
in case of expiration of the passport switch the
Client's access in the “KICB” system to the “View mode” until the Client
submits a valid passport to the Bank;
6.2.9. in case of expiration of the Client’s power of
attorney, close access
to Client in “KICB” system;
6.2.10. exercise other
rights provided for by
these Rules.
6.3. The client
shall be obliged
to:
6.3.1.
bear responsibility for observing confidentiality
(transfer/disclose) the authorization data to third parties, to ensure the
storage of Authorization Data in a way that excludes the possibility of
unauthorized access to it by unauthorized persons. If the Client has the
slightest suspicion or revealed facts indicating the above, the Client
is obliged to immediately notify the Bank either by written application or by
telephone, provided that the Client indicates a code word or other supporting
data (the list of identification data shall be
established by the Bank), followed by within 5 (five) calendar days by written
confirmation of this requirement (application on paper, signed and sealed (if
any) by the Client). In case if the Client has no possibility to provide the above written confirmation within 5 (five) calendar days, then
this period may be changed based on agreement with the Bank;
6.3.2.
ensure the balance of funds on the Account required
to pay for the Bank's services on time and in accordance with the Tariffs for
servicing the “KICB” system;
6.3.3. inform the Bank
in writing about all changes in the information
specified in the Application, no
later than 3 (three) business days from the date of their change with the
attachment of the necessary supporting documents;
6.3.4.
perform Operations on the Account in accordance with
the current legislation of the Kyrgyz Republic, comply with these Rules,
including a set of measures to comply with security rules when using “KICB”
system;
6.3.5. pay for the
services and commissions of the Bank for remote banking services and execution
of Account Operations in accordance with the Bank's Tariffs, as well as pay for the services
of other banks
involved in the process of the Client's Account Operations, and any
other costs associated with servicing the
Client and performing Operations;
6.3.6. in case of replacement of the mobile phone number
provided by the Client to the Bank in order to receive SMS messages with OTP
codes, to notify the Bank in writing about this;
6.3.7. check the status of the Operations after sending the Client's Orders
to the Bank;
6.3.8. inform the Bank in writing about the change of
managers and/or authorized persons to manage the Account within 3 (three)
business days from the date of such replacement;
6.3.9. at the request of
the Bank, no later than 5 (five) calendar days (from the date of receipt of
such a request), submit to the Bank all payment documents, transacted using
“KICB” system on hard copy, certified by the Client and sealed by the Client
(if any);
6.3.10. bear other obligations stipulated by these Rules.
6.4. The Client shall be entitled to:
6.4.1. use the full range of services
of the “KICB” system on conditions stipulated by these Rules;
6.4.2. receive advice from the Bank on the connection and use of the “KICB”
system;
6.4.3. install and change the Authorization data for
using the “KICB” system on a regular basis;
6.4.4. exercise other rights provided
by these Rules.
7. Responsibility of the parties
and settlement of disputes
7.1. The Bank shall
take all possible measures to resolve the dispute that has arisen within the
framework of using the “KICB” system and notify the Client about the results.
7.2. Disputes and
disagreements that arise from the execution of these Rules shall be resolved
through negotiations between the Client and the Bank. If
it is impossible to resolve the dispute out of
court, it shall be resolved in court in accordance with the current legislation of the Kyrgyz
Republic.
7.3. If necessary, in order to resolve
a dispute, the Bank may involve various
specialists and experts
(both employees and not-employees of the Bank) who have the necessary experience and knowledge in the
relevant field.
7.4.
The parties shall be responsible for non-fulfillment
or improper fulfillment of their obligations stipulated by these Rules in
accordance with the legislation of the Kyrgyz Republic and these Rules.
7.5.
The client shall be responsible for
the device used to connect to “KICB” system, for using only licensed software with the
latest updates installed, as well as licensed anti-virus software with up-to-date anti-virus databases on the used device.
7.6. The Client shall
be responsible for losses incurred by the
Bank as a result of the execution of Orders submitted to the Bank on behalf of
the Client by an unauthorized person.
7.7.
The Client shall be responsible for
untimely and/or incomplete written notification of the Bank about the
circumstances that are important for provision of services within the framework
of remote banking, including changes in
the information previously reported
to the Bank. The Client
shall bear a full liability for possible negative consequences in case of untimely or incomplete
notification of the Bank about such circumstances.
7.8.
By accepting these Rules, the Client expresses
his/her unconditional consent that the Bank is not responsible for:
7.8.1.
errors, delays or inability of the Client to have
access to “KICB” system associated with a malfunction of the Client's equipment
(Wi-Fi router/modem, etc.) or communication channels, technical means, other resources and services by means of
which services are performed
in “KICB” system, provided by a third party (providers of Internet
access, communications, etc.);
7.8.2. damage to the Client's equipment,
for the safety of the Client's
software and personal computer from various viruses and other damages, for the
safety of the mobile phone and other devices of the Client from various viruses
and other damages;
7.8.3. consequences of the untimely notification of the
Bank by the Client about the loss (theft) of a login and/or password, a mobile
phone/SIM card to which the mobile phone number is linked, provided by the
Client to the Bank in order to receive SMS messages with OTP codes, a token,
about incorrectly produced
Operations and attempts to unauthorized access to the Client's Account using
the “KICB” system. The Client shall be responsible for any losses and liability
due to such actions.
7.8.4. consequences of not notifying the Bank by the Client of a change in the phone number
to receive an SMS message with OTP codes, details (including the postal
address) specified by the Client in order to receive information;
7.8.5. non-fulfillment of the Client's payment orders in
the “KICB” system, if the order was submitted not in full (incorrect) format and/or included information that
contradicts the current legislation of the Kyrgyz Republic;
7.8.6. damage caused by
the Client's disclosure of the Authorization Data, the Client's failure to ensure their confidentiality or the Client's
failure to take measures to keep them secret from third parties, transfer them
to third parties, regardless of the reasons;
7.8.7. Client's losses caused by the Bank's
execution of Orders for Transactions from unauthorized persons made as a result
of access to “KICB” system by third parties, in cases where such access
occurred in a situation that is not subject to or isn’t controlled by the Bank
(compromise of the Client's logins and passwords);
7.8.8. Client's losses caused by the Bank's execution of
Orders for Transactions from unauthorized persons committed as a result
of the use of the Client's
Authorization Data by third parties, including those obtained by illegal methods, violation of the
confidentiality of the Client's Authorization Data, including caused by
information leakage directly from the
Client's device used to
access the “KICB” system,
malicious software installed on the
device used by the Client to access the “KICB” system, fraudulent, hacker,
virus attacks from the Internet;
7.8.9. Client's losses
caused by the execution by the Bank of
Orders for the performance of Operations from unauthorized persons received by the
Bank as a result of access and use of the “KICB” system by third parties, if
this happened not through the fault of the Bank;
7.8.10. impossibility of providing the “KICB” system, if such occurred due to force
majeure circumstances beyond the Bank's control, including but not limited to
failures in provision of communication on the side of Internet providers;
7.8.11.
failure to use the mobile phone by the Client due to
the breakdown and/or loss/theft of
the SIM card, for the malicious action of the software installed on the
Client's mobile phone, which resulted in the compromise of OTP codes, for
damage caused by unauthorized use of OTP codes by the Client’s third parties;
7.8.12. in case if
information transmitted when using the “KICB” system, including about Accounts,
becomes known to third parties as a result of listening or interception of
communication channels during their use, as a result of third parties' access to information
during transmission via communication channels used by the Client, as well as in case of unfair fulfillment
by the Client of the conditions for storage and use
of funds for Authentication;
7.8.13.
the quality of delivery of SMS messages to the
Client's mobile phone, for the delivery and transmission speed of SMS messages
and does not guarantee the preservation of the confidentiality and integrity of
information transmitted in the form of SMS messages. The Bank shall not be
responsible for failures, accidents and overloads in the operation of
mobile/mobile radiotelephone networks, failures and delays in the operation of
mobile radiotelephone operators, problems with
the Client's use of mobile/ mobile radiotelephone communications in roaming,
that is, outside the communication network of the mobile operator/mobile
radiotelephone communication;
7.8.14.
in case of arbitrary or deliberate interference of
third parties in the private affairs of the Client (including those
related to the civil law
relations of the Client
with the Bank), carried out through unfair use by a third party of
the means of communication and contact information of the Client provided by the Client to the Bank. The Bank shall
not be responsible for the transfer by the Client to third parties of a mobile
phone (SIM-card), illegal production by third parties of a duplicate of the
Client's mobile phone and/or SIM-card and use of this SIM-card without Client’s
knowledge and consent;
7.8.15. in case if the Client fails to receive information sent by the Bank to
him/her in cases established by these Rules, if the contact information
transmitted to the Bank by the Client has become irrelevant, information about
which was not brought to the Bank by the Client in a timely manner and in the
manner prescribed by the Bank. The Bank shall not be responsible for
non-fulfillment, untimely or incorrect execution of Orders and/or the Client
Authentication procedure, if it was caused by the provision of false
information by the Client, loss of relevance of information previously provided
by the Client and used during registration and fulfillment by the Bank of its
obligations within the OTP-mailing list. Codes or incorrect data entered by the Client. The Client shall be responsible for the correctness and relevance of
all information provided to the Bank;
7.8.16. non-fulfillment of the Client's Orders using “KICB”
system, if the Client's Account was seized or the Operations on it were
suspended in accordance with the current legislation of the Kyrgyz Republic, as
well as in other cases stipulated by the legislation of the Kyrgyz Republic;
7.8.17. losses incurred by the Client as a result of the execution by the Bank of the Client's Order drawn up by the Client with errors and/or
typographical errors in the information contained in the fields of the
document, as well as in case if the Client's payment is returned by the
receiver;
7.8.18. execution of the Orders erroneously sent by the Client;
7.8.19. for non-fulfillment, untimely
or incorrect execution of the Order,
if this was caused by the provision
by the Client of inaccurate
information, the loss of the relevance
of information previously provided
by the Client and used for the Client's Authorization, or the Client entered
incorrect data;
7.8.20. non-execution of the Client's Order, if its
execution would lead to a violation
of the requirements of the current legislation of the Kyrgyz Republic,
these Rules, as well as the terms of other agreements (contracts) concluded
between the Client and the Bank.
8. Force-Majeure
8.1. The parties shall
be exempt from liability for full or partial failure to fulfill their
obligations if such failure was the result of force majeure circumstances
(force majeure), that is, events that could not have been foreseen or
prevented. Force majeure circumstances include, but are not limited to: natural
disasters, fires, floods, earthquakes, other natural or man-made disasters,
epidemics, hostilities, coups d'état, the imposition of a state of emergency,
revolutions, riots, terrorist acts, civil unrest, actions Governments, state
bodies, the National Bank of the Kyrgyz Republic, normative acts that entered
into force after the date of conclusion of this agreement for remote banking
services, the adoption by the
National Bank of the Kyrgyz Republic and/or state authorities of the Kyrgyz
Republic of a decision that entailed the impossibility of the respective Party
to fulfill its obligations, as well as other circumstances beyond the
reasonable control of the Parties.
8.2.
The occurrence of force majeure circumstances shall
entail an increase in the term for the fulfillment of the corresponding
obligations for a period commensurate with the
time during which such
circumstances were in effect.
8.3.
Documents issued by authorized state bodies will be
an appropriate proof of force majeure circumstances. Proofs of the force majeure circumstances are
provided by the Party referring to the force majeure circumstances, at the request of the other
Party.
9. Final Provisions
9.1. Seizure of the
Account or suspension of operations on the Client's Account at the request of the authorized law
enforcement/state bodies in cases stipulated by the legislation of the Kyrgyz
Republic, blocks the operation of the “KICB” system until the restrictions are
stopped.
9.2.
The client can disconnected the “KICB” system at
his/her own request within 5 (five) business days after submitting a
corresponding written application to the Bank.
9.3. If the Client
disconnects “KICB” system at his/her own request, or at the initiative of the
Bank (as a result of non-compliance/violation of these Rules; in cases
stipulated by law), the Bank shall block the possibility of using “KICB” system
by the Client.
9.4.
With regard to all other respects
that are not provided for by these Rules, the Parties shall be guided by the
requirements of the legislation of the Kyrgyz Republic.