We hereby formulate the Terms and Conditions of Online Banking Services (the “Terms”) in order to provide you with better Online Banking Services, prevent risks inherent in the Online Banking, and specify the rights and obligations of the parties in the Online Banking. Please read the Terms carefully before you use any of our Online Banking Services. If you have any questions, please feel free to contact us, and you can browse our official website www.bancacommerciale.com  for the nearest branch and the most up-to-date contact information.
 
Terms and Conditions of Online Banking Services
 
I.  Scope of Application
  1. Terms and Conditions of Online Banking Services (as may be varied and amended from time to time, hereinafter referred to as these “Terms”) shall apply to the Online Banking Services provided by Commercial Bank Of Naples (hereinafter referred to as “We” or “Us”) and shall be legally binding on customers and us. Both customers and we shall comply with the Terms.
  2. Before a customer applies to us for activation of Online Banking Services or uses Online Banking Services for the first time, the customer shall carefully read the Terms and fully understand relevant provisions hereof, and the customer shall have the right to require us to provide sufficient explanation about the Terms. BY APPLYING TO US FOR THE ACTIVATION OF ONLINE BANKING SERVICES OR USING ONLINE BANKING SERVICES FOR THE FIRST TIME, CUSTOMERS SHALL BE DEEMED TO HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THE TERMS AND AGREED TO BE BOUND HEREBY.

II. Provision of Services

  1. Customers may apply to us for the activation of Online Banking Services, and we may also activate all or part of the functions of Online Banking Services for qualified customers. Customers may use part of Online Banking Services without applications or requiring our additional operations. Customers may apply to us for the termination of certain Online Banking Services, and we have the right to accept or reject such application of the customers.
  2. Customers may use computers, fixed-line phones, mobile phones, ATMs and other self-service bank facilities, or other electronic devices to use or operate all or part of financial services via the Internet, telephone communication networks, wireless networks, other open public networks or private networks provided by us (hereinafter referred to as “Online Banking Services” or these “Services”).

III. Content of Services

  1. Online Banking Services
    • (a) Customers may enjoy Online Banking Services via our website at www.bancacommerciale.com
    • (b) Online Banking Services include the Mobile Banking Services.
  2. Online Account Services for Credit Cards and Credit Card Mall Services
    Customers may log on our websites  to enjoy online account services for credit cards and credit card mall services, respectively.
  3. SMS Banking Services
    • (a) SMS Banking Services refer to those services with which we will handle financial business for customers according to SMS instructions sent by customers and automatically notify customers of relevant results via SMS.
    • (b) Customers may enjoy SMS Banking Services via our registered SMS platform number, and we will publish the registered SMS platform number then in effect on our official website www.bancacommerciale.com
  4. We may provide other Online Banking Services to customers from time to time.
  5. We may change the website address, telephone number, SMS number and domain name for Online Banking Services from time to time and make announcement or provide notice within a reasonable period of time. Thereafter, the changed website address, telephone number, SMS number, and domain name for Online Banking Services as announced or notified to customers by us from time to time shall apply.
  6. CUSTOMERS SHALL NOT USE WEBSITE ADDRESS, TELEPHONE NUMBER, SMS NUMBER, OR DOMAIN NAME FOR ONLINE BANKING SERVICES NOT ANNOUNCED OR NOTIFIED BY US. IF ANY CUSTOMER IS AWARE OR SUSPECT THAT ANY OTHER PERSON OR ENTITY PROVIDES ONLINE BANKING SERVICES IN OUR NAME, SUCH CUSTOMER SHALL NOTIFY US IMMEDIATELY.
  7. To the extent permitted by law, from time to time, we may send advertisements about products or services of us or our affiliates through the provision of these Services.

IV. Recipient of Services

These Services are made available to:

  1. Customers who are above the age of 18, have full capacity for civil conduct and have opened saving accounts with us;
  2. Customers who have opened a Junior Savings Account and shall use Online Banking Services pursuant to the Special Terms & Conditions for Junior Savings Account of Commercial Bank of Naples as well as to the Terms;
  3. Holders of principal credit cards and supplementary credit cards issued by us; and
  4. Potential customers intending to consult us about our products and services.

V. Function, Operation, Suspension and Termination of these Services

  1. Customers undertake to apply for activation of and use part or all of the functions of these Services according to the procedure (if any) specified by us.
  2. Customers may use these Services to inquire about part/all of financial information, but such information might not be up-to-date, since some banking businesses are likely pending for our processing; unless verified and confirmed by us, we will not make any warranty with respect to the financial information queried by customers through these Services.
  3. With respect to different Online Banking service channels, and/or different financial services, and/or different customer types, and/or other factors, we might provide different Online Banking Services; for example, in the case of a joint account, we might provide different Online Banking Services to different holders of the joint account; as for an supplementary credit card, we might provide different Online Banking Services to the holder of supplementary card and the holder of the principal card.
  4. The specific applicable conditions of Online Banking Services, content, functions and runtime of services depend on actual operations and actual operating environment. We might formulate or modify the user manuals, guides, function introductions, announcements or notices of relevant Online Banking Services from time to time, which customers may read and consult, but if they differ from actual operations and actual operating environment of these Services, the actual operations and operating environment shall prevail.
  5. Provisions regarding the runtime of these Services might vary with different functions under these Services, specifically subject to the actual operations and operating environment of such functions under Online Banking Services. When a customer submits a transaction instruction other than during the runtime of these Services, such instruction might be executed in the subsequent runtime.
  6. We will take reasonably practicable actions to ensure that our Online Banking service system has sufficient security settings to control and manage risks in the operating system and provide these Services constantly, subject to the provisions of Article 8 hereof.
  7. CUSTOMERS ACKNOWLEDGE AND AGREE THAT:

(a) DUE TO THE NEED FOR REGULAR MAINTENANCE AND OTHER REASONS, WE WILL HAVE THE RIGHT AT ANY TIME TO GIVE A NOTICE TO UNILATERALLY (1) ADD, DELETE, MODIFY OR SUSPEND ANY AVAILABLE FUNCTIONS OR THE CONTENT OF THESE SERVICES; (2) CHANGE THE RUNTIME; OR (3) SUSPEND, OR TERMINATE PART/ALL OF THESE SERVICES. UNLESS OTHERWISE PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR LOSSES CAUSED BY THE FOREGOING ACTIONS.

(b) UNLESS OTHERWISE PERMITTED BY US, CUSTOMERS MIGHT BE UNABLE TO SUSPEND OR TERMINATE SOME FUNCTIONS OF THE ONLINE BANKING SERVICES.

(c) Modification, suspension and termination of these Services might have no effect on customer instructions we have received, which are likely to remain in effect.

VI. Identity Verification

  1. We may require different methods of identity verification (hereinafter referred to as “Identity Verification Information”) for different Online Banking service channels, and/or different financial transactions, and/or other security considerations, including but not limited to one or more of the following identity verification methods:
  • Various Online Banking service passwords, including but not limited to Phone Banking password, Online Banking password, query password, transaction password, and electronic advice password (also called “Login Code” in some cases), which are hereinafter collectively referred to as “Online Banking Service Passwords” or simply “Passwords”;
  • Verification Codes;
  • Fingerprint identification passwords;
  • Face identification passwords;
  • Preset security questions and answers;
  • Personal information (the usernames, Phone Banking user numbers, debit card numbers, credit card numbers, expiry dates, CVV2 codes, ID documents and ID numbers, mobile phone numbers, fixed-line phone numbers, correspondence addresses and other customer information relating to these Services and used for verifying customers’ identity, which are set by customers/us, and/or recorded in databases of government departments/databases of other banks/other commercial databases).

We may add, delete or change identity verification methods from time to time.

  1. AS FOR FINANCIAL SERVICES REQUIRING NO IDENTITY VERIFICATION, CUSTOMERS ACKNOWLEDGE THE RESULTING CONVENIENCE AND FLEXIBILITY AND ARE AWARE OF AND WILLING TO ASSUME RELEVANT RISKS THAT MIGHT ARISE.
  2. Customers must comply with our requirements and use the Online Banking Services through the identity verification method required by us or set by customers. ALL OPERATIONS PERFORMED AND PASSED BY IDENTITY VERIFICATION UNDER THE ONLINE BANKING SERVICES (INCLUDING ANY ONE OR MORE ITEMS OF ACCURATE IDENTITY VERIFICATION INFORMATION SUFFICIENT TO PROVE A CUSTOMER’S IDENTITY) WILL BE DEEMED AS BEING PERFORMED BY THE CUSTOMER HIM/HERSELF AND ARE THE TRUE INTENTION OF THE CUSTOMER, AND THERE IS NO NEED TO GET ANY FURTHER WRITTEN OR OTHER FORM OF CONFIRMATION FROM THE CUSTOMER, EVEN IF SUCH OPERATIONS ARE SUBSEQUENTLY PROVED TO BE ACTUALLY NOT PERFORMED BY THE CUSTOMER IN PERSON.
  3. When a customer dials our Phone Banking number or receives a call from our Phone Banking number, we may require the customer to verify his/her identity via Phone Banking password or query password (in the case of a credit card) or preset security questions, and the customer shall cooperate in the verification process.
  4. As for certain financial services, we may unilaterally decide to ask a customer to use a mobile verification code (a one-time password generated and sent by us to the mobile number registered by the customer with us, hereinafter referred to as “Verification Code”) to go through additional identity verification. CUSTOMERS CLEARLY UNDERSTAND THAT IF THE MOBILE PHONE USED FOR VERIFICATION OR THE MOBILE NUMBER REGISTERED WITH US IS LOST, STOLEN OR GOES OUT OF ACTUAL CONTROL OF CUSTOMERS, THIS MIGHT RESULT IN LEAKAGE OF IDENTITY VERIFICATION INFORMATION AND LOSS OF CUSTOMERS’ FUNDS.
  5. In case the Identity Verification Information input by a customer in his/her use of relevant Online Banking Services is inconsistent with the information recorded by us, we shall have the right to freeze relevant Identity Verification Information (such as passwords), accounts and services of the customer, till the customer completes the identity verification, resets or modifies the relevant Identity Validation Information pursuant to relevant requirements of us.
  6. Customers may modify part of Identity Verification Information under these Services, but any such modification must be made pursuant to relevant requirements of us and shall not become effective until accepted by us. We shall have the right to perform identity verification of a customer before executing the customer’s instruction to modify his/her Identity Verification Information.

VII. Authorization and Operation of Instructions

  1. Customers warrant that instructions given in connection with these Services are accurate, adequate and complete. Unless customers have received our confirmation of receipt of such instructions, we shall not be deemed to have received such instructions. After receiving customers’ instructions through these Services, we shall have the right to deduct relevant specified fees from customer accounts before executing relevant instructions.
  2. CUSTOMERS UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PERMITTED BY US AND EXCEPT WHERE IT IS ACTUALLY PRACTICABLE, INSTRUCTIONS SENT BY CUSTOMERS THROUGH THESE SERVICES CANNOT BE WITHDRAWN OR REVOKED.
  3. If customers require us to have the instructions withdrawn or revoked upon submission by them, we may (but have no obligation to) decide whether to effect such withdrawal or revocation in our sole discretion, and customers agree to bear all the costs and expenses incurred in such process. WE CAN EFFECT WITHDRAWAL OR REVOCATION ONLY TO THE EXTENT THAT WE CAN PRACTICALLY DO SO (FOR EXAMPLE, PERMITTED BY THE SYSTEM), AND WE DO NOT WARRANT SUCCESSFUL WITHDRAWAL OR REVOCATION.
  4. IF WE THINK THAT WE HAVE RECEIVED AN INSTRUCTION NOT DULY AUTHORISED BY THE CUSTOMER, WE MIGHT USE A REASONABLE METHOD TO INSPECT WHETHER SUCH INSTRUCTION HAS BEEN AUTHORISED BY THE CUSTOMER, WHILE THE CUSTOMER SHALL COOPERATE.
  5. IF WE REASONABLY SUSPECT THAT AN INSTRUCTION RECEIVED HAS NOT BEEN DULY AUTHORISED BY THE RELEVANT CUSTOMER, OR THE CONTENT OF THE INSTRUCTION RECEIVED BY US IS INCONSISTENT WITH THE INFORMATION RECORDED WITH US, OR THE IDENTITY VERIFICATION INFORMATION WE RECEIVE IS INCONSISTENT WITH OUR RECORDS, WE MAY:
    • (a) REFUSE TO EXECUTE OR REVOKE THE INSTRUCTION SUBMITTED THROUGH THESE SERVICES; AND/OR
    • (b) REQUIRE THE CUSTOMER TO PROVIDE A WRITTEN CONFIRMATION IN THE CASE OF A SPECIAL INSTRUCTION.

THE CUSTOMER SHALL UNDERSTAND AND AGREE THAT WE TAKE THE FOREGOING ACTIONS FOR THE SAKE OF TRANSACTION SECURITY, AND ACCEPT ANY INCONVENIENCE, DELAY OR LOSS ARISING THEREFROM.

  1. IN CASE ANY OF THE FOLLOWING CIRCUMSTANCES ARISES ON THE DESIGNATED EXECUTION DATE OR WHEN THE RELEVANT TRANSACTION IS PERFORMED, WE SHALL HAVE NO OBLIGATION TO EXECUTE THE TRANSACTION INSTRUCTION OF THE CUSTOMER IN WHOLE OR IN PART, AND THE CUSTOMER MIGHT SUFFER RELEVANT LOSS OR DAMAGE:

(a) There are no sufficient funds in the designated account of the customer so that we cannot execute the instruction of the customer;

(b) There are no sufficient funds in the designated account to pay any fee, expense or other sums payable by the customer to us;

(c) Execution of the customer’s instruction will result in the balance in the designated account of the customer exceeding the credit amount or credit limit set by us with respect to the customer and/or his/her designated account;

(d) The transaction amount required in the customer’s transaction instruction will exceed the limit and number of transactions set by us and/or the customer with respect to the customer and/or his/her designated account; or

(e) The designated account of the customer is closed, frozen or made unusable for any reason.

  1. IF AN ERROR OCCURS TO A TRANSACTION INSTRUCTION WHEN WE ARE EXECUTING IT, THE RELEVANT CUSTOMER SHALL CONTACT US WITHIN 30 DAYS AFTER THE DATE WHEN THE CUSTOMER KNOWS OR OUGHT TO KNOW THAT SUCH ERROR OCCURS, OTHERWISE THE CUSTOMER SHALL BE DEEMED TO HAVE ACKNOWLEDGED AND ACCEPTED OUR EXECUTION, AND SHALL ASSUME THE RELEVANT CONSEQUENCES ARISING THEREFROM.
  2. Pursuant to the provisions of relevant laws and regulations, if a customer makes payment through these Services (THE CUSTOMER’S ACT OF GIVING PAYMENT INSTRUCTIONS TO REALIZE CURRENCY PAYMENT AND FUND TRANSFER VIA ONLINE BANKING AND PHONE BANKING, ETC, HEREINAFTER REFERRED TO AS “ONLINE PAYMENT”), the customer shall comply with the following provisions:

(a) The customer shall activate the Online Payment function under these Services pursuant to the procedure (if any) specified by us and designate the account used for Online Payment;

(b) The customer understands and accepts that some Online Banking Services have contained the Online Payment function, so after such Online Banking Services are activated, we shall have the right (rather than obligation) to obtain separate confirmation of the customer to activate the Online Payment function in such Online Banking Services;

(c) The customer shall ensure the payment ability of the account used to process the Online Payment business; and

(d) Unless otherwise permitted by us, all Online Payment transaction instructions shall go through identity verification.

VIII. Risk Warning and Liability Provisions

  1. Cust