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关于修订《开户协议》账户条款的通知


 


尊敬的客户:

我行《开户协议》有关账户条款已进行修订,具体条款详见如下附件或通过拔打热线(+855)23 988 886 或至我行柜台咨询。如有任何异议,请尽快联系我行。

特此通知

中国银行金边分行
2017年11月1日

附件:《开户协议》账户条款新修订内容

- PART A: TERMS AND CONDITIONS OF GENERAL APPLICATION;

- PART E: ADDITIONAL TERMS AND CONDITIONS OF GENERAL APPLICATION

With immediate effect, The Bank has updated our existing terms and conditions for PART A: Terms and Conditions of General Application; PART E: Additional Terms and Conditions of General Application as listed out below:-

A. TERMS AND CONDITIONS OF GENERAL APPLICATION

14. CONFIDENTIALITY OF ACCOUNT

By signing the application for account opening (which expression shall herein include any form to add the customer as a holder of the account), the customer consents to The Bank, its official, employees, agents and any persons who by reason of their capacity or office have access to records of The Bank, registers or any correspondence or material with regard to the customer’s account, to disclose any information whatsoever regarding the money and other relevant particulars of the customer’s account affairs:

14.1 To any person or organization or the other person under a duty of confidentiality to the Bank, participating in the provision of the electronic or, without limitation, other services in connection with the banking service utilized by the customer whether in or outside Cambodia for the purpose of the operation of the said services including but not limited to investigating, discrepancies, errors, or claims or for the auditing purpose;

14.2 To the police or any public officer conducting and investigating in connection with any offence;

14.3 To The Bank’s stationary printer, agent or storage or archival service provider (including but not limited to any provider of microfilm service or any electronic storage, archival facility) who will sign a confidentiality agreement with the Bank for the purpose of making, printing, mailing, storage, microfilming, and/or filing personalized cheque, statements of accounts, passbooks, or other cards on which the customer’s name and/or other particulars appear, or other documents, date, or records; or

14.4 To any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers or any member of the Group for the purpose of complying with the obligations, requirements or arrangements for disclosing and using data that apply to the Bank or any of its head office and affiliates or that it is expected to comply according to:

14.4.1 any law binding or applying to it within or outside Cambodia existing currently and in the future;

14.4.2 any guidelines or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers within or outside the Cambodia existing currently and in the future; or

14.4.3 any present or future contractual or other commitment with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers that is assumed by or imposed on the Bank or any of its branches by reason of its financial, commercial, business or other interests or activities in or related to the jurisdiction of the relevant local or foreign legal, regulatory, governmental, tax, law enforcement or other authority, or self-regulatory or industry bodies or associations;

14.5 To any member of the Group for the purpose of marketing services, researching, customer profiling and segmentation and/or designing services and products and facilities for the customer's use; or

14.6 To any member of the Group for the purpose of performing management or centralize functions.

E.   ADDITIONAL TERMS AND CONDITIONS OF GENERAL APPLICATION

1. GENERAL PROVISIONS

1.1 The expressions “prevailing prescribed charge “,” prevailing prescribed commission”, prevailing prescribed fee”, “prevailing prescribed minimum”, and “prevailing prescribed rate “, wherever appearing in these Terms and Conditions shall mean the charge, commission, fee, minimum and rate prescribed from time to time by the Bank. Details thereof (including interest, rate and other money payable by the Customer in connection herewith) shall be available to the Customer upon request.

1.2 If any of the provisions herein becomes invalid, illegal or unenforceable under any law, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired.

1.3 The Bank is entitled to waive compliance with any provisions herein, but such waiver shall be without prejudice to the Bank’s right to enforce compliance with any such provision on any other occasion.

1.4 In these Terms and Conditions, unless to the extent the context requires otherwise, the following shall apply:

1.4.1 “The Customer” and “The account” mean the account and/or accounts now or hereafter opened in the name of customer.

1.4.2 “The Bank” means the Bank of China Phnom Penh Branch; Bank of China Limited Phnom Penh Branch.

1.4.3 “Business day” means any day on which banks in Cambodia and the Bank are open for banking business.

1.4.4 “Person” includes any corporation, firm, partnership, society, association, trade union, institution and other business concern, statutory body and agency and government authority, whether local or foreign;

1.4.5 Words importing the singular number include the plural number, words importing the masculine include the feminine and neutral, and vice versa.

1.4.6 Clauses and other similar heading are for ease of reference and shall not affect the interpretation of any provision herein.

1.4.7 "Group" means the Bank and its holding companies, head office, branches, subsidiaries, representative offices and affiliates, within or outside Cambodia, wherever situated. Affiliates include branches, subsidiaries, representative offices and affiliates of the Bank's holding companies or head office, within or outside Cambodia, wherever situated.

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