What is BankCom [Personal]? It is an online banking platform for Bank of Commerce individual clients designed for managing bank accounts and performing various banking transactions. What are the features of BankCom [Personal]? The features of BankCom [Personal] are: Account Enrollment Enrollment of additional own Balance Inquiry Transaction History Funds Transfer Bills Payment InstaPay and PESONet Prepaid Mobile Reload Checkbook Re-order Managers Check Request BankCom [Personal] Terms and Conditions The following are the terms and conditions for the use of the Bank of Commerce (BankCom) Retail Internet Banking Services (herein referred to as BankCom Personal). BankCom Personal includes features for secure online banking services such as, but not limited to: Account Inquiry Fund Transfer Bills Payment Checkbook Request Statement of Account Request Airtime Reload Manager’s Check Request I understand that you have the sole discretion to limit the availability of the immediately preceding features and likewise to introduce additional features for E-Banking. All terms and conditions of existing current, savings, time deposit and/or such other account agreements with you (hereinafter referred to as Terms and Conditions Governing Deposits), insofar as these are not inconsistent with the terms and conditions governing all the other BankCom products, services, facilities and channels, shall remain in full force and effect and shall form part hereof. The words “I,” “me,” and “my” refer to the Client enrolled to and using BankCom Personal. The words “you” and “your” refer to Bank of Commerce or BankCom. 1. BankCom [Personal] Access 1.1. I understand that my completion and submission of the Enrollment Form does not automatically qualify me to use BankCom Personal, and agree that you have the sole discretion to determine whether or not I and/or my account(s) for enrollment shall be qualified for BankCom Personal. 1.2. I understand that only those account(s) that I have specifically enrolled will be actually enrolled to BankCom Personal (“Enrolled Account”). 1.3. I agree that you have the sole right to impose rules and procedures on the enrollment of eligible accounts. Eligible accounts and enrollment rules and procedures will be disseminated by you through scheduled announcements. I understand that I would need to activate my enrollment using the Activation Code provided via SMS and I shall be informed of the qualification of my account via email notification. For this purpose, I will ensure that my mobile number and email address in your records are updated, subject to the conditions stated in paragraph 2.1. 1.4 I further agree that access to BankCom Personal shall require an electronic device that meets the minimum technical specifications prescribed by you and the security conditions described in paragraph 2.5. 1.5. To access my Enrolled Account through BankCom Personal, I must have a valid User ID and password, hereinafter referred to as my Log-in particulars. 1.6. I shall nominate my Log-in particulars during my initial enrollment (filling up of the online application form) to BankCom Personal, and I shall use my Log-in particulars to access BankCom Personal, and transact with my Enrolled Accounts for Account Inquiry, Fund Transfer, Bills Payment, Checkbook Requests, Statement of Account Requests, and other services. 1.7. I agree and undertake not to disclose my Log-in particulars to any person, exercise reasonable care in securing these information, and assume full responsibility for all transactions made in my accounts through the use of my Log-in particulars. Any and all banking transactions requested and effected using my Log-in particulars shall be presumed by you to be performed and/or authorized by me. 1.8. As added protection for my Enrolled Account, I agree and commit to change my password every sixty (60) calendar days or as frequently as you may prescribe through BankCom Personal`s Change Password Facility. This does not however restrict me from changing my password more frequently than what you prescribe, and as I may deem necessary. Should I opt to waive the password change prompted by the system, I will ensure to exert greater effort to protect my Log-in particulars to prevent unauthorized access or transactions using my Enrolled Account. 1.9. For my own protection, I agree that you have the right to disable my access to BankCom Personal, when any of my Log-in particulars are erroneously entered three (3) consecutive times or when the wrong One Time Pin (OTP) is entered erroneously three (3) consecutive times. When my access is disabled, I may request for the resetting of my password and reactivation of my User ID from your Bank of Commerce Customer Service. I further understand that my request is subject to your approval, and may not be immediately and automatically approved for reasons that may not be disclosed to me. 1.10. You shall consider acting only on those instructions actually received by you in accordance with BankCom Personal terms and conditions. You shall not in any way be responsible for damages or losses caused by delays or failure to perform your duties pursuant to BankCom Personal when such delay, failure or inaccuracy, is directly or indirectly occasioned by, or traceable to reasons beyond your control, such as, but not limited to, destruction of the files due to computer virus or other technical malfunction, including any mechanical, electronic, or communications failure, or any other events pertaining to force majeure or act of God, riot, war, civil unrest, pandemics, or natural calamities such as floods, typhoons, earthquake, and the like. 1.11. I acknowledge that you shall have no obligation to verify the authenticity of any instruction received from me relative to any of my Enrolled Account, and you may, without further inquiry, act on any directive contained in that instruction. I agree that you shall have the sole discretion whether or not to act and/or implement any of my instructions, and that you have the right to cancel and/or refuse to execute any of my instructions at any time without incurring any liability whatsoever, and without the obligation to notify me and to state the reasons for said inaction. In case of conflict between my record and your record of any instruction, the latter shall be final and binding. 1.12. I agree that you have the sole right to deactivate and/or de-list my Enrolled Account even without prior notice to me, whether the deactivation be temporary or permanent, if: (i) I fail to comply with your rules, regulations, policies and standard operating procedures relating to my Enrolled Account, (ii) I fail to show any activity in my Enrolled Account for a period prescribed by you, (iii) you deem that my continued access or use of BankCom Personal may produce adverse effects to you, or (iv) if you have reason to believe, based on your assessment, that my access to BankCom Personal may be compromised due to (aa) certain device settings, (bb) installed after-market software, (cc) show signs of jailbreaking or rooting, or (dd) contains other conditions detected in my Device which makes it vulnerable to cyber risks. 1.13. I understand and accept that occasionally, some or all of the BankCom Personal services may be unavailable due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond your control. During these times, I agree that you shall not be liable for any and all consequences, which may arise, directly or indirectly, from my inability to access BankCom Personal. 1.14. I agree that you have the right to alter the scope and availability of BankCom Personal and to modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or continue any or all the services mentioned herein without prior notice to me. 2. Limit on Liability and Accuracy of Information 2.1. I am responsible for and must take all reasonable care to ensure that the information I supply is accurate. You shall not in any way be responsible or liable for any and all consequences resulting from my inaccurate information, and/or for all consequences for my failure to transmit such information in the place and manner as may be required by you. 2.2. Before you can process my request, I agree to give you all required information, such as but not limited to, type of transaction, account number, subscriber number, amount, and reference number. I admit that your record of transactions maintained through your computer systems/database shall be conclusive and binding upon me for all intents and purposes. 2.3. I must notify you immediately of any error in my BankCom Personal transactions. I agree that I shall exhaust all means to immediately communicate with you my concerns. 2.4. I accept that you do not guarantee immediate resolution of my requested error correction, including requests for reversal. However, you shall inform me of the results of your investigation as soon as possible, and promptly correct any error that you may determine to be caused by you. 2.5. I shall ensure that I keep my mobile device, tablets, wearables, laptops or personal computers (collectively referred to as “Device”) free from malicious software (“Malware) and updated on the latest security features to protect my access to BankCom Personal. You shall not be liable for any losses, damages or liabilities that I may incur while accessing BankCom Personal in the event that my Device is infected with Malware. 2.6 I agree to hold you, your subsidiaries and affiliates, as well as any of your directors, officers, employees and representatives, free and harmless from any and all claims, liabilities, losses or damages that I may incur: a. for inaccurate or incorrect entries, omissions, discrepancies, and unauthorized transaction(s) in your statement and/or record that I did not immediately report to you; b. for my failure to properly safeguard my Log-in particulars and the failure to report any unauthorized access, and consequently, for any unauthorized interception or use or missending of data relating to me or to my account(s); c. for discontinuance or cancellation of my account, subscription, or service coverage pertaining to third party merchants or service providers, which may be due to my unpaid bills or obligations; d. except when due to your fault or negligence, for malfunctions/problems relative to your communications facilities, Internet access, computer software and hardware, or due to any other circumstances beyond your control such as severe weather, flood, earthquake or other natural disasters, fire, war, strike, acts of civil or military authority, computer virus, equipment failure, interruption or failure of electricity that may affect the timeliness or accuracy of instructions sent by me or using my log-in particulars; and e. for any instruction that has not been implemented, and my failure to verify the same and/or my failure to immediately report it to you. f. for my inability to use the BankCom Personal or for denial of any service or access to BankCom Personal when my Device is suspected/proven/verified to be (i) jailbroken and rooted; and/or (ii) on developer mode. g. for unauthorized actions or transactions using my Log-in particulars and/or biometrics; or for any other cause beyond your control, such as, but not limited to problems caused by (i) my wireless service provider or telecommunications network; (ii) jailbreaking, rooting or enabling developer mode or any other modifications; (iii) alterations, conversions and/or changes made in my Device; (iv) the uploading of unauthorized file and/or script, installation and/or the presence of Malware (including viruses and/or bugs) on my Device to capture Log-in particulars; and/or (v) the use of unsupported Device operating system (OS) versions making it vulnerable to cyber risks or attacks. 2.7. At no instance shall you be liable for any indirect, incidental or consequential loss, loss of profit or damage I may suffer or have suffered by reason of my use or failure or inability to use the features of BankCom Personal. 3. Local Reference Number and Email Notifications 3.1. A corresponding Local Reference Number shall be assigned to serve as reference for every successful transaction in BankCom Personal. 3.2 For unsuccessful attempts to access BankCom Personal using a Device affected by conditions mentioned in paragraphs 2.6f and 2.6g, an Error Code shall be assigned to serve as reference together with the short description of the type of condition detected. 3.3. You will send a notification via email and/or SMS for every successful and/or unsuccessful transaction conducted through BankCom Personal. The transaction shall also appear under the View Details Status of Transaction Function of BankCom Personal. 4. Channel Availability and Transaction Cut-Off 4.1. I understand that BankCom Personal may be unavailable at times due to system downtime for maintenance or failure of computer, telecommunication, electrical, or network failure, detection of Device vulnerability to cyber risks/attacks and/or any other reasons beyond your control. You shall not be liable for the consequences arising from my inability to access BankCom Personal due to these circumstances. 4.2. I acknowledge that transactions made through BankCom Personal shall be subject to your prescribed cut-off time, and transactions made after the designated cut off time shall be considered transactions made on the next Banking Day and subject to your regular processing time. You may, from time to time as you deem necessary, amend the transaction cut-off time even without prior notice to me. Banking Day refers to any day which banks in Metro Manila, Philippines are open for business, excluding Saturdays, Sundays, Philippine legal holidays and special non-working holidays declared by the Philippine Government. 5. BankCom [Personal] Services 5.1. Account Inquiry I can access the current balance, available balance and transaction history of all my accounts enrolled to BankCom Personal. The Account Balance can be viewed in Philippine Peso for Peso accounts and in foreign currency for Foreign Currency Denominated Unit (FCDU) accounts. All transactions for the previous month up to three (3) months earlier can be viewed under Transaction History. Requests for transaction history for those made one (1) to five (5) years earlier shall be coursed through my branch of account. I can access through BankCom Personal the current balance, maturity date and rate of all my enrolled time deposit accounts as well as the original loan amount, maturity date and rate of all my enrolled loan accounts. 5.2. Fund Transfers and Bills Payment Only cleared or withdrawable balances of my enrolled accounts shall be considered available for fund transfers and, bills payment. In case of insufficient funds in said accounts, the request for transfer and/or payment will be automatically rejected. You shall not be responsible for any third party claim, demand, and/or liability or action, of whatever kind or nature, whether past, present or contingent, in connection with, relative to or arising, wholly or partially, from a) requests for fund transfer and/or bills payment against an account with insufficient funds, b)requests for fund transfer, and/or bills payment against an account put on hold or closed, c) requests for fund transfer and/or bills payment against an account frozen or garnished by order of a court or other authorized entity, d) requests for fund transfer and/or bills payment containing incomplete and/or incorrect transfer or payment information, and e) any other circumstances beyond your reasonable control which prevent the transfer or payment, despite reasonable precautions taken by you. I accept that it is my responsibility to check the status of fund transfers, and bills payment transactions. You shall have no obligation or liability if a transfer or payment is not completed due to, but not limited to, insufficiency of funds or violation of your prescribed limits. Likewise, it is my responsibility to provide alternative methods for fund transfers or bills payments. In case of multiple fund transfers or, multiple bills payments from one source account, and the total available balance of that source account is not sufficient to accommodate all of the requested transfers and/or payments, you shall have the sole discretion to determine which request for transfer or payment shall be allowed and completed. I can only transfer funds to and from accounts of the same currency. Fund Transfers are done in real time. However, fund transfers for the purpose of funding a check shall be subject to the 6:00 P.M. cut-off time in Manila, Philippines. Any check funded after this cut-off time and is returned due to insufficient or uncleared funds will not be honored by you. I understand that the cut off time may be adjusted from time to time as you deem fit or as mandated by regulatory agencies. Bills payments should be done before the 11:59 P.M. cut-off time in Manila, Philippines, for the same to be considered as payment for that particular day. I understand that the cut off time may be adjusted from time to time as you deem fit or as mandated by regulatory agencies. For BankCom Personal, Post-dated and recurring transfers and, payments may be scheduled and will automatically be done on the date indicated for transfer or payment. Post-dated and recurring transfers and payments must be scheduled at least one (1) Banking Day before the intended date of transfer, or payment, and at most twelve (12) months from the intended date of transfer or payment. Failure to observe the one (1) Banking Day and twelve (12) month periods herein shall automatically cause the denial of the requested scheduled transaction. I understand that any cancellation of Scheduled Fund Transfer and Bills Payment must be done through BankCom Personal at least one (1) Banking Day before the scheduled date, with due consideration to the applicable cut-off time. I agree that bills payments made on a non-Banking Day shall be considered done and accordingly posted on the next Banking Day. I may transfer funds to deposit accounts of third parties, provided that the third party account is enrolled under my BankCom Personal account. Fund transfers to said third party accounts are subject to transaction and daily limits prescribed by you. I agree that you have no obligation to inform me of such transaction limits, nor the changes to said limits. For bills payment, any discrepancy and/or issue involving the billing amount and the paid amount shall be my sole responsibility and shall not involve you, and said issue will instead be resolved by me and the payee-company. You shall be free from any obligation or liability arising from my fund transfer or bills payment which was not received by the intended merchant or paid in favor of the intended subscriber or applied to the correct card number caused by erroneous selection of merchant, transferee account, subscriber, card or account number. I agree that it is always my responsibility to ensure that transaction details provided are correct and accurate. 5.3. Checkbook Reorder I understand that you may prescribe a limit in the number of checkbooks I can order per transaction, and that I need to enroll the corresponding checking account(s) in BankCom Personal for which a checkbook is requested. I recognize that my application for a checkbook is subject to your approval, and that you have the right to decline my request for a checkbook for grounds you may deem reasonable. Checkbooks will be available for pick-up at my branch of account. I understand that it is my responsibility to check and ensure whether or not my requested checkbook is already available for pick-up. 5.4 Managers Check Request I recognize that my application for a Managers Check is subject to your approval, and that you have the right to decline my request for a Managers Check for grounds you may deem reasonable. Managers Check will be available for pick-up at my branch of account. I understand that it is my responsibility to check and ensure whether or not my requested Managers Check is already available for pick-up. I understand that I can only request for cancellation of Managers Check via my Branch of Account. 5.5 InstaPay and PESONet Instapay is a Real-time Electronic Fund Transfer Credit Payment. Transfers are subject to transaction limits and fees that will be charged on top of the transaction amount. PESONet is a Batch Electronic Fund Transfer Credit Payment. Transfers are subject to transaction limits and fees that will be charged on top of the transaction amount. Transaction limitsand transaction fees shall be posted in the bank’s website and may be subject to change which changes shall be made known through announcements in various media (e.g, BankCom Personal website, emails, SMS/text messages) and I agree to be bound to said changes. PESONet Cut-Off Schedule: Sending: Funds sent up to 2:00PM will be credited on the same day while funds sent after 2:00PM will be credited on the next banking day. Receiving: Funds received during banking hours will be credited between 10AM to 11:00PM. e. In the event of an unintentional input of the incorrect amount/s, customer should visit his branch of account or contact our Remittance Operations at 9826000 local 8873 and 8973 or you may email our Remittance Helpdesk at firstname.lastname@example.org within twenty-four (24) hours. f. All transactions shall be deemed final, and BankCom shall not be liable for errors, neglects, or defaults made by the customer, as well as for any error/s and/or delays in the processing of transaction, or for any reason/s beyond BankCom’s control. In case of erroneous fund transfer, I agree to immediately report the error to you through Bank of Commerce Customer Service with the following details: Name, contact number, and other credentials of the Payor; Account from which the payment was made; Payee account details; Transaction amount; and Transaction date and time. I further agree that recovery of the sum transferred/sent in error, upon validation by you and the receiving financial institution (RFI), shall be on a best-efforts basis in accordance with existing regulations and industry conventions. 5.6 BankCom Personal Future Services a. I agree that you may introduce new BankCom Personal services and I will be notified of these new services. By using these services when they become available, I agree to be bound by the Terms and Conditions applicable thereto. 6. Service Charges 6.1. I consent that any cost or service charge incurred for any transaction may be debited from any of my account(s) with you without need for further demand, notice or consent. I shall take full responsibility and you shall not be liable for failure to carry out or complete any transaction due to insufficient funds after your deduction of any applicable cost, charge or fee. 6.2. I agree that you have the right to impose additional charges and/or change existing charges within the limits allowed by law. The rate of such charges, period and method of payment shall be made known through your announcement, which shall be binding upon me. 7. Termination of Services 7.1. I may request that you terminate my access to BankCom Personal permanently by visiting any of your branches. 7.2. I agree to remain responsible for all transactions made on my account, subject to the conditions herein, until the time of actual access termination. You shall not be liable for any and all consequences, direct or indirect, arising from any scheduled transaction(s) previously made by me after the access termination. 7.3. You may terminate my access to BankCom Personal at any time even without prior notice to me, under any of the following circumstances: my breach of any of the terms and conditions of BankCom Personal and/or the Terms and Conditions Governing Deposits; your knowledge of my death, bankruptcy or lack of legal capacity or that I have committed an act of bankruptcy or that a bankruptcy petition has been filed against me; my accounts have insufficient funds to cover fund transfer or payment instructions; or other reasonable grounds that you have determined to be sufficient to terminate my access. 7.4. Any liability I have incurred shall survive access termination. 8. Other Agreements 8.1. Transactions performed via BankCom Personal shall be subject to your rules and regulations pertaining to bank accounts, as well as terms and conditions for bills payment insofar as they are applicable. 9. Disclosure of Accounts 9.1. I agree to waive any and all my rights to confidentiality under Republic Act No. 1405, as amended (Law on Secrecy of Bank Deposits) and RA 6426 otherwise known as the Foreign Currency Deposit Act, and other pertinent laws now or hereinafter existing, should the disclosure be necessary and relevant to complete the transaction instructed by me, and shall render you, your directors, officers, assigns, employees and representatives free and harmless from any and all liabilities due to the said disclosure. 10. Data Privacy I am acknowledging and exercising my rights under Republic Act No. 10173, otherwise known as the Data Privacy Act and its Implementing Rules and Regulations, I hereby give my consent to you and/or your branches, units, agents, authorized representatives, representative offices, affiliates, subsidiaries, and accredited third-party partners, counterparties, correspondent banks and service providers to process, use and share among themselves the personal information written on the application for the opening of my account/s as well as the information obtained in the course of my transactions, including those performed through E-banking, with you, your branches or units in relation to my account/s, or obtained from third parties for purposes of client identification, client risk profiling/assessment, product development and improvement, market research, communications relevant to the life cycle or usage of my account/s, compliance with BSP rules and regulations, anti-money laundering laws, rules and regulations, FATCA, and such other purposes as may be allowed or required by law. I also acknowledge that my Personal Data (refers to ALL types of personal information – personal, sensitive and privileged as defined under the Data Privacy Act and its Implementing Rules and Regulations) shall be retained for a period of not less than five (5) years from the time my account/s is/are closed, cancelled, or terminated as required or allowed under applicable laws, rules, and regulations, unless a longer period is necessary in view of an investigation being conducted, or a criminal, civil or administrative case has been filed in a competent judicial or administrative body, where I or my account/s is/are is involved or impleaded as a party to the case or investigation in which case/s, to the extent necessary, my Personal Data shall be preserved beyond the five (5) year period until such time that a final judgment has been reached by the judicial or administrative body. I likewise hereby give my consent to you and/or your branches, units, agents, authorized representatives, representative offices, affiliates, subsidiaries, and accredited third-party partners, counterparties, correspondent banks and services providers to offer especially selected products and services to me through mail, e-mail, fax, SMS, or by telephone to ensure that I will have the opportunity to avail of the wide range of your products, services and facilities, your subsidiaries and affiliates, third party partners, counter-parties, correspondent banks, service providers, and any government entity exercising executive, legislative, judicial, quasi-judicial, regulatory or administrative functions, such as but not limited to the Bureau of Internal Revenue, the Social Security System and other similar government agencies. 11. Notices 11.1. Notices, advisories and similar matters pertaining to BankCom Personal shall be sent to my last known address or email address or mobile number that I have declared or submitted to you, and as appearing in your record. I may also pick up said documents from my branch of account. 11.2. I understand that by using BankCom Personal, I give you the right to send notices to me in any manner and frequency. I commit to provide and maintain operational and available e-mail address and/or mobile phone number for you to send communications or notifications as may be necessary. You shall not be liable for any undelivered e-mail communication, SMS or text message, or any cost that I may incur due to my delayed receipt of, or inability to receive our communication or notification through my e-mail and/or cellular phone facilities. I am responsible for updating my record in Bankcom Personal. 12. Governing Law 12.1. This Agreement shall be governed by the laws of the Republic of the Philippines as well as all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP). Should judicial action be necessary to enforce any right under this Agreement or to collect my obligation incurred under this Agreement, the venue of such action shall be at the courts of Mandaluyong City, to the exclusion of all other venues. In case of suit or where collection is referred to a collection agent, I agree to pay you attorney`s fees equal to 25% of the total demand but in no case less than Php50,000.00 and liquidated damages equal to 25% of your total claim in addition to the actual cost of collection. 13. Miscellaneous Terms 13.1. All logos in the Bankcom Personal are either your trademarks or registered trademarks, or your licensors, and may not be copied, imitated or used, in whole or in part, without your prior written permission. Further, these logos may not be altered, modified or changed in any way, or used in a manner that is disparaging to you. Likewise, logos may not be displayed in any manner that may imply sponsorship or endorsement by you. 13.2. I understand that this site is best accessed by Microsoft Internet Explorer Version 8.0, Safari 5.1, or Mozilla Firefox version 23.1 or higher. 14. Acceptance of the BankCom [Personal] Terms and Conditions 14.1. By clicking the I ACCEPT button, I acknowledge that I have read, understood and accepted the terms and conditions set forth herein and have likewise acknowledged and accepted the corresponding risks related to the availment and use of BankCom Personal. Otherwise, please click the I DECLINE button. 14.2. I agree that you may amend these terms and conditions at any time, even without prior written notice to me, and such amendment shall be effective in accordance with the period required by the BSP and other applicable laws, rules and regulations upon posting of the revised terms and conditions. Posting, shall mean uploading of the terms and conditions to the BankCom Personal website. 14.3. I agree that should any of the terms and conditions stated herein be held invalid, the legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. 14.4. I agree to review the applicable terms and conditions periodically and my continued use of BankCom Personal will constitute my acceptance of these terms and conditions. 14.5. I hereby give my consent and authorize you to disclose the information I provided herein, which are otherwise considered confidential under the provisions of Republic Act No. 1405 (The Law on Secrecy of Bank Deposits), Republic Act No. 9510 (Credit Information Systems Act), and Section 55.1b of Republic Act No. 8791 (General Banking Law) and any law relating to the secrecy of bank deposits, as is necessary and relevant to the evaluation of my application to avail of the various products, services and facilities offered by you, and for purposes of mandatory reporting to any Government Authority, credit bureau, exchange, and financial association to which you belong, such as, but not limited to, the Bankers Association of the Philippines (BAP), Philippine Clearing House Corporation (PCHC), Philippine Payments Management, Inc. (PPMI), and the Credit Information Corporation (CIC).