Personal Banking / Ways to Bank / Online Personal Banking / Electronic Banking Terms & Conditions

Electronic Banking Terms & Conditions

1. Introduction

1.1 These Terms and Conditions apply to BSP Electronic Banking Services as at

1.2 BSP Electronic Banking Services is a range of banking services accessed by an electronic terminal, a computer or telephone. These Terms and Conditions apply to any BSP.online, ATM and EFTPOS services.

1.3 These Terms and Conditions operate in conjunction with the terms and conditions applicable to account/s which you may access using the Electronic Banking Service, and set out your rights and obligations in the use of this Electronic Banking Service. Your use of BSP's Electronic Banking Services constitutes agreement to these Terms and Conditions and any modifications thereof.

1.4 These Terms and Conditions supersede all other BSP produced Terms and Conditions relating to any Electronic Banking Service product prior to the date described in Clause 1.1 above.

1.5 Please read these Terms and Conditions carefully before you use BSP's Electronic Banking Services. If you do not understand any part of them, or if you have any questions, please speak with BSP staff at any branch or call BSP's Call Centre on 21874

2. Defined Terms

Account/s - means any account you have with BSP that you have nominated, and which BSP has agreed is accessible by the Electronic Banking Service.
Account Signatory - means the person or persons who are authorised to operate on an account under the relevant account signature mandate.
ATM - means an automated teller machine.
Available balance - means the amount of funds available in the account. It does not include any uncleared deposits or value held against the balance.
BSP - meansBank of South Pacific Limited, a company incorporated in Papua New Guinea and registered as an overseas company in Solomon Islands.
Banking Day - means any day in which the banks in Solomon Islands are open for business.
BSP Mobile Banking - Means BSP Banking Services available via Mobile
BSP Identification Number - means a unique identification number issued by BSP to allow you access to the Electronic Banking Service and by which BSP identifies you.
BSP.online - means an internet based service that provides access to BSP Banking Services via www.bsp.com.sb.
EFTPOS - means BSP's Electronic Funds Transfer at Point of Sale system installed in selected retail and service outlets.
Electronic Banking Services - means collectively, BSP.online, ATM and EFTPOS banking services provided to you.
Instruction - means a request or instruction to BSP which is effected with the Electronic Banking Service by use of a PIN or a PAC and a BSP Identification Number.
PacifiCard - means your debit card that is linked to your nominated account/s and can be used at any ATM or EFTPOS.
Monetary Transactions - refers to transfer of funds from your nominated account/s, which are linked to the Electronic Banking Service
Non-Monetary Transactions - refers to transactions where monies are not withdrawn from your account/s, i.e. view Account Balances, view Transaction History.
PAC - means your Personal Access Code. This is provided by BSP and allows you to access and BSP.online services, or execute instructions via the Electronic Banking Service.
Payment - means monetary transactions from your account with BSP to an account of a person other than yourself.
PIN - means the Personal Identification Number supplied to you by BSP for accessing banking services with your PacifiCard, or any other card issued by BSP.
Terms and Conditions - means these terms and conditions as amended from time to time by BSP.
Unauthorised Transaction - means any transaction made without your knowledge or consent.
You - means the person who has accepted these Terms and Conditions, has an account in his or her own name or in joint names, liable for the use of the account jointly or severally, and on whose instructions BSP may act.
Your - has a corresponding meaning as You

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3. BSP Electronic Banking Services

3.1 BSP.online Internet based service that provides access to BSP Banking Services via www.bsp.com.sb.

3.2 How to use your PacifiCard BSP will allocate a PIN to you when you are first issued with a PacifiCard. You may:

Access your funds in your linked account/s to purchase goods and services, or obtain cash at locations throughout the country. Obtain cash at ATMs displaying the PacifiCard sign.
Access the EFTPOS system at any store or business that displays the PacifiCard sign.

If the record of the PIN is lost or stolen, BSP may issue you with a new PIN and, if necessary, a replacement PacifiCard. You may be charged a fee to cover the cost of issuing the replacement PacifiCard.

3.3 BSP ATM

At a BSP ATM you can perform the following transactions:

Cash withdrawals
Transfer funds between linked accounts
Check account balance/s.

3.4 EFTPOS

To use EFTPOS:

Present your PacifiCard to the operator who will key the total amount of your purchase, including any cash that you may require into the terminal.
You must then select the account from which you want the payment withdrawn and key in your PIN.
Once authorised, the transaction amount will be debited from your nominated account. The operator will hand back your PacifiCard, any cash withdrawn and a transaction receipt, which should be retained to check against your account statement.
Your use of EFTPOS at individual stores and businesses is subject to purchase and cash withdrawal limits that may be set by them. The store or business may also charge an EFTPOS usage fee for cash out and purchases.

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4. Using the Electronic Banking Service

4.1 The Electronic Banking Service will only be used to complete basic monetary and non-monetary transactions including obtaining the balance of your account/s, transferring funds between your accounts, payments to third party accounts, and requesting transaction lists to be issued in relation to your account/s. The types of transactions available may be varied at BSP's discretion.4.2 You are responsible for acquiring and maintaining any equipment (such as a computer or touch tone telephone), which may be necessary for your continued access to and use of the Electronic Banking Service. You are responsible for the costs of maintaining your computer and telephone and all communication costs.

The Electronic Banking Service will only be used to complete basic monetary and non-monetary transactions including obtaining the balance of your account/s, transferring funds between your accounts, payments to third party accounts, and requesting transaction lists to be issued in relation to your account/s. The types of transactions available may be varied at BSP's discretion. You are responsible for acquiring and maintaining any equipment (such as a computer or touch tone telephone), which may be necessary for your continued access to and use of the Electronic Banking Service. You are responsible for the costs of maintaining your computer and telephone and all communication costs.

5. Access to the Electronic Banking Service

You agree that:

5.1 Under no circumstances shall you allow anybody access to your account through the Electronic Banking Service.

5.2 Any person who supplies BSP with your Kundu Card and PIN or BSP Identification Number and PAC may be allowed access to the Electronic Banking Service and your account/s.

5.3 BSP need not act on an Instruction immediately, and may delay acting on an Instruction, or may ask for more information before acting on an Instruction.

5.4 You may not stop payment on electronic funds transfers. Therefore, you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

5.5 BSP may specify limits on transaction types and values in respect of certain Accounts of the Electronic Banking Service and may refuse to act on an Instruction if the transaction exceeds a particular limit.

5.6 BSP will not act on an Instruction to the extent that it would result in you withdrawing more than the credit balance of an account or withdrawing against uncleared funds.

5.7 Where BSP receives Instructions for more than one payment from an account BSP will determine the order of priority in which the payments are made.

6. Processing Monetary Value Transactions

6.1 When you make a monetary transaction by using the Electronic Banking Service a receipt number will be issued to you upon BSP receiving an Instruction for Funds Transfer. It is your responsibility to retain this receipt number together with any other details.

When you make a monetary transaction by using the Electronic Banking Service a receipt number will be issued to you upon BSP receiving an Instruction for Funds Transfer. It is your responsibility to retain this receipt number together with any other details.

6.2 An Instruction will be processed by BSP when there are funds in the Available Balance. An Instruction will not be processed if there are insufficient funds in your account/s

7. The Security of your BSP Identification Number, PAC and PIN are your responsibility

7.1 BSP will provide you with a BSP Identification Number and a PAC. You may change the PAC from time to time by selecting the ?change PAC? option by, BSP.online or by contacting your branch. BSP may change your BSP Identification Number and your PAC at any time. BSP will provide you with a BSP Identification Number and a PAC. You may change the PAC from time to time by selecting the ?change PAC? option by, BSP.online or by contacting your branch. BSP may change your BSP Identification Number and your PAC at any time.

7.2 You must notify BSP immediately if you wish to cancel your access to BSP.online

7.3 You must:

Keep your PAC and PIN secure and take steps to prevent unauthorised use of it;
Not tell or show your PAC or PIN to another person or allow it to be seen by another person (including family or friends);
Not keep a record of your PAC or PIN in a way which can be determined by another person;
Not record your BSP Identification Number and PAC together; and
Not keep your PacifiCard and PIN together.

8. What to do if your PacifiCard or PIN is lost or stolen

8.1 You must immediately notify your local BSP branch or telephone 21874 if:

You must immediately notify your local BSP branch or telephone 21874 if:

Your PacifiCard is lost or stolen; or
A record of your PIN is lost or stolen; or
You become aware or suspect another person has made unauthorised use of your PacifiCard.
BSP will give you a reference number or other form of acknowledgment that verifies the date and time you contacted the Bank, which you should retain. If your report is made to BSP by telephone, you must subsequently confirm it at your local BSP branch and you may be required to complete a written report.

8.2 BSP will put a stop on your PacifiCard to prevent further use.

8.3 You must go to your local BSP branch where you may be issued with a new PIN and, if necessary, a replacement PacifiCard. You may be charged a fee to cover the cost of issuing the replacement PacifiCard.

9. What to do if your PAC is lost or stolen

9.1 You must immediately notify your local BSP branch or telephone 21874 if:

You must immediately notify your local BSP branch or telephone 21874 if:

A record of your PAC is lost or stolen; or
You become aware or suspect another person knows your PAC or has made unauthorised use of it or the Service.

BSP will give you a reference number or other form of acknowledgment that verifies the date and time you contacted the Bank, which you should retain. If your report is made to BSP by telephone, you must subsequently confirm it at your local BSP branch and you may be required to complete a written report.

9.2 BSP may cancel a BSP Identification Number or PAC at any time without notice if BSP believes either is being used without your authorisation.

9.3 You agree that BSP may disclose information about you or your Account/s to the Police or other authority or third parties if BSP thinks it will help prevent or recover losses

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10. Account Records

You should carefully check your Account records and statements when you receive them. If you believe that there has been a mistake in any transaction using the Electronic Banking Service, or an unauthorised transaction, you must notify BSP immediately in accordance with clause 9.1 and clause 10.1.

11. Security of BSP Electronic Banking

11.1 BSP will use such measures as it considers reasonable to help ensure a high level of security of the Electronic Banking Service. In respect of BSP.online, BSP employs a range of security measures, including firewalls and data encryption protocols that help provide a secure connection for your Internet transactions. However, BSP cannot guarantee that any data transmission over the Internet is totally secure.

BSP will use such measures as it considers reasonable to help ensure a high level of security of the Electronic Banking Service. In respect of BSP.online, BSP employs a range of security measures, including firewalls and data encryption protocols that help provide a secure connection for your Internet transactions. However, BSP cannot guarantee that any data transmission over the Internet is totally secure.

BSP encourages you to protect your BSP Identification Number and your PAC. BSP refers you to Appendix A which gives you some advice on how to protect yourself from unauthorised use of your property.

11.2 You are solely responsible for ensuring that you have a secure telecommunication service provider to access the BSP.online service. All telephone and other communications costs will be borne by you.

11.3 By applying for this BSP Electronic Banking Service, you consent to use of the data provided to BSP for the purpose of providing this Electronic Banking Service and you acknowledge that the data provided may be encrypted, transmitted and stored by BSP and that, except as otherwise provided by law in Solomon Isalnds, BSP shall have no liability in respect of such data.

12. Interruption to BSP Electronic Banking

12.1 BSP makes no representation, warranty or guarantee that access to the BSP Electronic Banking Service will be uninterrupted.

BSP makes no representation, warranty or guarantee that access to the BSP Electronic Banking Service will be uninterrupted.

12.2 You acknowledge that this Electronic Banking Service may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including but not limited to technical difficulties with the performance or operation of BSP's or any another person's software, equipment or systems, data traffic or technical difficulties with the Internet, or infrastructure failures such as damaged telephone lines or interference with digital signals.

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13. Liability for Unauthorised Transactions

13.1 You will not be liable for any loss of funds arising from an unauthorised transaction on an Account:

You will not be liable for any loss of funds arising from an unauthorised transaction on an Account:

That occurs before you have received your PacifiCard, PIN, BSP Identification Number or PAC; or
If the transaction occurs after you notify BSP in writing that your PAC, PacifiCard or PIN has been misused, lost or stolen or become known to someone else; or
That is related to the use of a PacifiCard, PIN, BSP Identification Number or PAC that had been cancelled by BSP.

13.2 You will be liable for any loss of funds arising from any unauthorised transaction on your Account if the loss occurs before you notify BSP that your PAC or PIN has been misused, lost or stolen or become known to someone else and if:

You fail to look after and keep your PAC or PIN secure in accordance with clause 8; or
You unreasonably delay notifying BSP of the misuse, loss or theft of your PAC or PIN or of it becoming known to someone else and the loss occurs between the time you did, or should reasonably have become aware of these matters, and the time you notify BSP; or
You voluntarily disclose your PIN or PAC; or
You kept a record of your PIN or PAC without making a reasonable attempt to disguise it, or in a way that it could be lost or stolen with your card; or
You otherwise fail to protect the security of your PIN.

13.3 Your liability will not exceed the lesser of: The balance of the Account; or

The amount you are able to withdraw from your Account on the day the unauthorised transaction takes place.

14. Other Liability

Subject to clause 14 and to the extent permitted by law:

14.1 You agree that BSP will not be responsible for any liability, damage, loss including legal costs, whether consequential or not, whether directly or indirectly from any error, delay, failure in performance, inability to use the Electronic Banking Service or of any of its obligations caused by circumstances beyond BSP's control (including, but not limited to, the unavailability of the Electronic Banking Service or any delay, error or failure to carry out an Instruction for any reason), except for wilful default on the part of BSP, or a breach of a condition or warranty implied by statute in contracts for the supply of services which cannot be excluded, modified or restricted.

14.2 You will be liable for and agree to indemnify BSP against any loss or damage BSP may suffer because you did not observe your obligations under these Terms and Conditions or acted negligently or fraudulently when using the Service.

14.3 BSP shall not be liable if you do not have sufficient available funds in your designated Account to complete the transaction you initiate or if the account is closed.

14.4 BSP shall not be liable if you have not given BSP proper instructions via BSP.online.

14.5 BSP shall not be liable if the funds in your designated account are subject to legal process or other encumbrance restricting such payment or transfer.

14.6 BSP shall not be liable if you or anyone you permit to utilise BSP's Electronic Banking Services and your PAC or PIN commits any fraud or violates any law or regulation.

14.7 You will not be liable for losses that are caused by the fraudulent or negligent conduct of BSP's employees or agents or companies involved in networking arrangements or of merchants or of their agents or employees.

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15. Disclaimer of Warranties

You expressly understand and agree that use of the Electronic Banking Service is at your sole risk subject to these Terms & Conditions. The service is provided on an ?as is? and ?as available? basis. Subject to these Terms & Conditions BSP expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

16. No Warranty

Subject to these Terms & Conditions, BSP makes no warranty that: The Electronic Banking Service will meet customers requirements;

The Electronic Banking Service will be uninterrupted, timely, secure or error free;

The results that may be obtained from the Electronic Banking Service will be accurate or reliable; and

Any errors in the technology will be corrected.

17. Fees and Charges

If you use the Electronic Banking Service to effect a transaction you may incur a fee or charge on the Account you access. You agree to pay the fees and charges for your use of BSP's Electronic Banking Service. The fees for this Electronic Banking Service will be debited to an Account nominated by you, or in the absence of such a nomination, to an Account selected by BSP. If there are insufficient funds in your nominated Account, you authorise BSP to deduct the fee from any other account you have with BSP.

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18. Information

You authorise BSP to give information about you and any Account to others in order to execute your Instructions or where BSP reasonably thinks it necessary for the provision of the Electronic Banking Service.

19. Recording Telephone Calls

BSP may record telephone calls made to the Electronic Banking Service for training, transaction verification and quality control purposes.

20. Notices

BSP may vary these Terms and Conditions generally by providing written notice before a change becomes effective in the following manner:

A written notice to your last known address BSP maintains in its records; or
A public notice in any of the daily newspapers circulating in Solomon Islands; or
By notice displayed at BSP's branches; or
By notice displayed on the BSP website.

Use of the Electronic Banking Service, after the notification methods referred to above, will mean your acceptance of the variation.

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21. Termination

You may stop your use of the Electronic Banking Service at any time by giving written notice to BSP. BSP may terminate the Electronic Banking Service at any time by giving you a written notice.

22. PacifiCard remains the property of BSP

22.1 You agree that your PacifiCard remains the property of BSP and agree to return the PacifiCard to BSP upon:

You agree that your PacifiCard remains the property of BSP and agree to return the KunduCard to BSP upon:

BSP's request;

Closure of your nominated account/s;
Termination of your authority to operate all nominated account/s.

22.2 Your PacifiCard may be confiscated by an ATM should repeated entry of an invalid PIN occur. The number of additional entries allowed after the first invalid entry may be varied at BSP's discretion and is not subject to any prior notice.

22.3 BSP reserves the right to cancel any PacifiCard at any time without prior notice if BSP believes that continued use of the PacifiCard might cause a loss to either you or BSP. Once you are notified of the cancellation, you must not use your PacifiCard and must immediately return the PacifiCard to BSP.

23. Governing Law

BSP's agreement with you on these Terms and Conditions and the transactions carried out under that agreement are governed by the law in force in the Solomon Islands, and you and BSP submit to the non-exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute about them.

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24. Money Laundering Prevention

In accepting these Terms and Conditions, you will also be taken to have accepted the release by BSP of any information BSP possesses (or has access to) concerning an Electronic Banking Service transaction where an enquiry has been made to BSP, or any of the related entities, into the legality or good faith of the transaction, by a Regulator or Government Agency in a jurisdiction other than where you are registered for BSP's Electronic Banking Service. For the purposes of this clause, the terms ?Regulator' and ?Government Agency' mean a body in that other jurisdiction authorised by the law of that jurisdiction to make such an enquiry.

25. Acceptance

25.1 These Terms and Conditions apply to you and to all transactions involving the use of BSP's Electronic Banking Service. This includes the use of BSP Electronic Banking Services

These Terms and Conditions apply to you and to all transactions involving the use of BSP's Electronic Banking Service. This includes the use of BSP Electronic Banking Services

25.2 Your use of BSP's Electronic Banking Services constitutes agreement to these Terms and Conditions and any modifications thereof.

25.3 These Terms and Conditions operate in conjunction with the terms and conditions applicable to the account/s, which you have nominated to be accessed by use of BSP's Electronic Banking Service. Unless specifically stated otherwise, where there is any inconsistency between the Terms and Conditions of BSP's Electronic Banking Service and the separate terms and conditions for an account, these Terms and Conditions will prevail.

26. Changing these Terms and Conditions

BSP reserves the right to change these Terms and Conditions and any other information it has issued about the Electronic Banking Service at any time. BSP may make a variation without prior notice where such variation is necessary to restore or maintain the security of the Electronic Banking System or any accounts. Notice of any change will be given in writing (for example on account statements) or adverts placed in the newspapers no later than the date on which the change takes place.

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APPENDI

X A

BSP.online User Precautions

This section details the types of precautions that you should take if you decide to use BSP's Electronic Banking Service.

BSP agrees to help you maintain the security and privacy of your account information, irrespective of any other security measures introduced by BSP. Given these you are advised to:

Protect the secrecy of your BSP Identification Number, PIN or PAC;
Use a PAC that is not a simple numeric sequence, or the same as your account number, or birth date, or any other number easily associated with you;
Change your PAC regularly;
Always log-in to BSP.online via BSP's main website - (make it easy by adding this site to your browser's list of favorites); Check the last login time and date displayed when you login;
Verify that you are connected to BSP's ?trusted? Web server by checking the Secure Certificate details. Do not just look to see if the lock symbol is displayed;
Log-out promptly when you have finished using the system; Not use publicly accessible kiosks or Internet café PCs; Keep your PC system up-to-date and virus free;
Use a ?firewall? to protect your computer from unauthorized access over the Internet if you are accessing the Internet through an
?always on? connection (ADSL, Cable, etc);
Promptly advise BSP of any problems.

You agree to develop your own prudent email policy as follows:

To only click on a link in an email if you are absolutely certain that it is from a reliable source.
Not to click on emails where you do not know the sender or source or be duped by great offers coming through email. To refrain from forwarding emails titled ?great offer? to a friend/relative.
To avoid opening suspicious or dubious emails or attachments, even if the email is from someone you trust (the email and attachment could have been forwarded automatically without the person's knowledge).
To avoid replying to ?spam? emails or emails where you do not know the sender or source as it simply confirms that your email address is valid and you may receive further emails from them. You should simply delete the email.
To screen any suspicious emails received from any financial institution and to contact the relevant financial institution directly to verify the email.
To refrain from acting on any email instructions until the email is verified.
To prevent unauthorised use of your account/s through BSP.online, it is BSP policy that BSP will never send you an email requesting your BSP.online login details and BSP will never send a link to a BSP.online login page via email, whereupon you may unknowingly divulge your BSP.online login details to a third party.
You should be aware of spyware software, which can be downloaded onto your computer without your express permission and can be used to secretly obtain personal information including your PAC and keyboard activity. You agree to use specialized software products available to help stop or remove spyware from your computer and any anti-virus products which include some sort of filter.