Sampath Vishwa

Agreement for Sampath Vishwa

Terms, Conditions and Indemnity

To
Sampath Bank PLC (the bank)

I request you to grant and afford me accommodation and provide me with the internet banking service of the bank (hereinafter referred to as “Sampathvishwa”) to be used be me in relation or connection to any account opened by me of what so ever nature (hereinafter called as “my said account/s”) and also to provide the facilities available with the bank attached thereto at present and from time to time, and do hereby agree to comply with and to be bound by all the bank's prevailing rules and regulations and/or terms and conditions and/or procedures for operations, services and transactions and by those which may from time to time come into operation hereafter including the variations and modifications thereof and/or other banking facilities provided by the bank to me , which I shall acquaint myself with from time to time and which may be communicated to me in any manner now or hereafter including those displayed in the web site www.sampath.lk and/or those communicated via Sampathvishwa it being agreed that such varied and /or modified terms and facilities shall form an integral part of this agreement.

I agree and confirm that all User Identification Numbers (User ID’s) and passwords related to and connected to my said account/s shall be created by me without any involvement or influence of the bank and that the passwords User ID’s and all other confidential information personal to me created by me in relation or connected to my said account/s as well as the electronic cards issued by the bank to me and the Personal Identification Number/s issued therefor shall be kept in my sole possession at all times and in strict confidence and that under no circumstance shall the same be divulged or delivered possession of or otherwise parted with possession of by me to any other party, and that under no circumstance shall I hold the bank responsible or liable therefor in consideration whereof I do hereby indemnify and hold the bank saved and harmless from and against any losses, charges, suits, claims, expenses and damages that the bank shall or may be caused, sustained, incurred, or suffered by reason of such disclosure, dispossession or delivery whether voluntary or otherwise.

I agree and confirm that subsequent to opening an account or accounts in my name/s at my request, the sole authority of operating same shall be with me in absolute compliance with the specified menu options prescribed in the bank’s website aforesaid and providing further instructions for operating same to the bank shall not be required, and that any requests by me for credit facilities or any other banking facilities may be transmitted to you and will be notified by me from time to time as and when required via electronic means including Sampathvishwa , E-mail, Facsimile messages or through other electronic or other means, upon which the bank is hereby fully authorized to act and I further agree not to issue any cheques or orders in excess of the available balance in my said account unless prior arrangements have been made with the bank by me, acknowledging the bank’s right to return the cheques without reference to me if any cheques or orders were presented in excess of clear balance or in excess of the arrangements made by me .

Further, in consideration of the bank granting me accommodation or pecuniary assistance or credit facilities at any time or from time to time, pursuant to my requests transmitted to you electronically as aforesaid, I do hereby grant irrevocable and absolute authority to the bank , to set off and appropriate at any time and from time to time, all moneys lying to my credit, held by the bank , in my individual or any other capacity whatsoever in any account held by me in whatsoever the currency against all monies become due, owing or payable to the bank , on account of loans, credits, advances or other pecuniary aid or assistance afforded to me and/or on any indebtedness and liabilities.

I further assure the bank that in the event that I do any transfer or withdrawal of funds in foreign currency with the use of any International Credit/Debit or Electronic Fund Transfer Card (EFTCs) or via any other means. I shall use my International Credit/Debit or Electronic Fund Transfer Card overseas solely for the purposes of personal expenses such as travel expenses, purchase of goods for personal use, hotel charges, incidental expenses and medical expenses, within the limit authorized to me and will not use for purchase goods in commercial quantities and for capital transactions as defined by the Controller of Exchange, Central Bank of Sri Lanka.

Furthermore I also undertake to furnish information of any other card/s in my possession for electronic fund transactions including fund transfers and to surrender to the bank the same whether local or international issued by the bank, if I migrate or leave Sri Lanka for good or for employment abroad.

I do hereby agree and irrevocably hold the bank indemnified and saved harmless from and against any losses, charges, suits, claims, expenses and damages that the bank shall or may be caused, sustained, incurred, or suffered by reason of the bank permitting me the creation of my own User ID’s and Password/s as aforesaid, acting on my instructions or requests made or transmitted to you electronically and/or acting upon advises, requests, instructions forwarded by me in the said manner without my valid physically placed signature/s appearing on such instructions and/or by accepting electronic messages so exchanged via addresses provided by me or through any other electronic means and agree that I do provide data, information, instructions and messages through electronic means at my own risk, without holding the bank liable or accountable for or on account of any loss and/or misdirection of data in transit electronically with or without my knowledge or authority and for processing and effecting transactions which are originated through the User ID’s and passwords created by me .

I confirm and assure the bank that all data transmitted to the bank including those for or in connection with Sampathvishwa service is correct , complete, conclusive and binding on me and shall let the bank know immediately about any errors, discrepancies or omissions which may have occurred inadvertently or otherwise.

I do hereby authorize the bank to debit my said account/s with the amount of any transaction made by the use of the Sampathvishwa with or without my knowledge or any further authority by me and to debit my/or said account/s with all charges relating to transactions effected by me through Sampathvishwa and also with any other liabilities inclusive of legal fees or other statutory charges, if any, relating to the use of Sampathvishwa

I agree and acknowledge that the bank may at its discretion, stop, cancel, withdraw or refuse to renew/extend or grant or accommodate any request made by me in relation to any of the accounts and/or banking facilities/privileges opened or granted or continued in my names or extended towards me for valid reasons in the usual course of its business or otherwise, even without prior notice to me in exercising any or all rights and authorities conferred by me herein.

I agree that when the bank makes a payment on my behalf the bank is not acting as my agent or agent of the Biller to whom that payment is directed.

I do hereby authorize the bank, at its discretion to record by whatever means the transactions which I effect via Sampathvishwa, that such records may be used by the bank for the purpose of, amongst other things, establishing or verifying that a particular transaction was effected through the use of User ID and Passwords and confirm that I shall accept the bank's records and statements of all transactions processed by
the use of the Sampathvishwa as conclusive and binding on me for all purposes.

I am aware that it is my responsibility to obtain and maintain any equipment which may be necessary for using Sampathvishwa in proper working condition and with adequate safeguards against malicious threats to such equipment or to Sampathvishwa and undertake not to access Sampathvishwa service using defective or insecure equipment, or by any manner which might adversely affect Sampathvishwa service.

I shall set up and maintain adequate measures to safeguard the Sampathvishwa service including all information and data relating to payment beneficiaries) from disclosure to, and from access or use by, anyone who is not authorised to do so and shall inform the bank immediately if I become aware of any unauthorised use of the User ID/s and Password/s created by me by any person/s other than me.

I agree with and assure the bank that Sampathvishwa system will remain the property of the bank at all times I as the Customer/s, shall neither in any circumstance obtain any rights in bank's property nor copy Sampathvishwa service or any of the. information, techniques, data or designs relating to same.
I shall keep all information, techniques data and designs relating to Sampathvishwa completely confidential and shall not disclose any of them to any other party and my obligations in connection with confidentiality will continue not withstanding the expiry or termination of this agreement or my relationship with the bank.

I agree that the bank shall not be responsible for any loss or damage nor for any loss of profits, loss of contracts, financial losses, loss of data or loss of goodwill incurred or suffered by me as a result of non acceptance of and/or non adherence to instructions given on Sampathvishwa for any reason whatsoever and that in case of payments made for goods or services offered by third parties, the bank cannot and does not take responsibility or liability on the quality, on time delivery or the availability of goods or services such offered.

I further agree that I may attach or detach any accounts opened in my name/s or accounts in which I become a joint party/joint parties , subsequent to this application and confirm that I understand and acknowledge that such attachment or detachment may be effected at my discretion, but subject to the rules and regulations of the bank prevailing from time to time.

I agree that the use of the Sampathvishwa shall be subject to the bank's prevailing Memorandum & Articles. Conditions, rules, regulations and any terms and conditions governing all services, facilities and transactions covered by the Sampathvishwa or otherwise.
In the event of my deciding to terminate the use of Sampathvishwa , I shall give the bank not less than 07 days’ prior notice in writing and forthwith return any document relating to Sampathvishwa which are given to me by the bank and obtain a valid receipt thereof.

I agree and confirm that this request and agreement is supplementary to the Mandate signed and delivered by me to the bank when my said account/s was opened by me.

I further agree and confirm that all matters falling within or stemming from or pursuant to this writing delivered by me shall be interpreted in accordance with the prevailing laws in the Democratic Socialist Republic of Sri Lanka and shall submit to the exclusive jurisdiction of a court of competent authority held in Colombo.