条款与条件

IMPORTANT

Please read these Terms and Conditions carefully before applying for the Corporate Internet Banking Service.

If you breach any of your security duties you may be liable for transactions even if you did not authorise them.

Your use of the Corporate Internet Banking Service shalconstitute your acceptance of these terms.

Words and phrases used in these Terms and Conditions are defined in Clause 1 Definitions.

Please note that after initiaregistration we wilnever ask, or ask anyone to do so on our behalf, for your security codes. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security codes to them. Please report any such requests to us immediately.

1. DEFINITIONS

The following words have these meanings in this document:

Account means the account held in your name(s) with us.

Application Form means the Corporate Internet Banking Application Form.

BOC (UK) Limited refers to Bank of China (UK) Limited.

Business Day means a day, not being a Saturday, Sunday or a Public Holiday, on which banks are open for business in London.

E-token isthe security device that produces a unique pass-code, also known as a dynamic password each time it is used.

Corporate Internet Banking Service (“the Service”) means the service to be provided by us to you under these Terms and Conditions by which you may access information and give us instructions in respect of your Accounts.

Funds Transfer means a transfer of funds between selected Accounts pursuant to instructions received by us through the Service.

Selected Accounts means those of your Accounts that we make available for Funds Transfer Service.

User means someone you have authorized and we have approved to use the Corporate Internet Banking Service

Website means our officiaInternet website, which has the domain address http://www.bocukltd.co.uk as amended, updated or replaced from time to time.

We, Us, and Our are references to Bank of China (UK) LimitedRegistered in EnglandNumber 6193060, Registered Office: 90 Cannon Street, London, EC4N 6HA.

You, Your and Yours are references to the account holder/user(s) requesting the Corporate Internet Banking Service.

Dates and Time are dates and time in the UK.

2. USING THE Service

2.1 By signing the Application Form you:

agree to these Terms and Conditions; and
acknowledgethat nothing in these Terms and Conditions affects the authorisation of any signatories authorised to operate your Accounts via any access method other than the Service.

2.2 Before you can use the Service you must:

hold or open at least one Account with us;
complete and submit an Application Form to us;
successfully undergo alrelevant identification procedures if and as required by us; and
acquire at least one User ID, secure password and E-token. You can collect the User ID, secure password and E-token from one of our branches, or request us to send them separately by post to you.

2.3 When registering you are required to nominate at least one User. You understand that by doing this, the User wilhave fulcontroof your business bank accounts when accessed using the Corporate Internet Banking Service and authority to agree on your behalf any matter included in the Corporate Internet Banking Service.

3. Security Codes

3.1 To access the Service, you must successfully:

enter the User ID;
enter the secure password; and
enter the dynamic password generated by E-token.

3.2 The User ID:

is a 6-20 digit alpha-numeric code;
identifies you as the user of the Account; and
is initially issued by us, but must be changed by the User as soon as possible after the User has logged on to the Service for the first time.

3.3 The secure password:

is an 8-20 digit alpha-numeric code;
verifies the User identity to access the Service; and
is initially issued by us, but must be changed by the User as soon as possible after the User has logged on to the Service for the first time.

3.4 On any day, if the wrong password is entered 5 times consecutively, the User ID wilbe temporarily blocked and the User wilnot be allowed to attempt a further login untithe next day. However, the User can notify us to reactivate the User ID by providing a proof of the User’s identity for access on the same day.

3.5 The dynamic password:

is a random 6 digit number generated by your E-token, and is displayed on a smalscreen on the E-token;
is typically generated every 60 seconds which is the life span of the password;
can only be used during the life span. The same one-time password cannot be used more than once.

3.6 On any day, if an invalid dynamic password is entered 10 times consecutively, the E-token wilbe automatically locked. The User wilnot be allowed to attempt a further login untithe User notifies us to unlock the E-token by providing a proof of the User’s identity.

4. Funds Transfers

4.1 You may instruct us to make a Funds Transfer ONLY:

between selected Accounts;
to take effect during Funds Transfer Operating Hours on Business Days. IMPORTANT: Each type of Funds Transfer has its own Operating Hours:

Type of Transfer	Operating Hours
Transfer to an account (Same Currency) within BOC (UK) Limited	Normally at any time except during the system maintenance period*
Transfer to an account (Cross-Currencies) within BOC (UK) Limited	Business days 9:00 －17:00
Transfer to an account with other UK banks (received by the beneficiary bank in 3 or 4 working days)	Normally at any time except during the system maintenance period*
Remit to an account (Same Currency) with banks outside UK	Normally at any time except during the system maintenance period*
Remit to an account (Cross-Currencies) with banks outside UK	Business days 9:00 – 17:00

*Our system maintenance is normally conducted between the hours of 19:00 and 21:00 on any working day, but can vary from day to day.

4.2 You can give a Funds Transfer instruction to take effect:

immediately on receipt; or
at a future time (i.e. a Scheduled Payment).
HOWEVER, if any payment is scheduled for a day that is not a Business Day, it wilNOT take effect untithe following Business Day and you wilreceive no notice of this.

4.3 Once we receive a Funds Transfer instruction, we:

wilacknowledge this by sending either a transaction receipt or a failed transaction notice;
wilupdate your Account information accordingly.

4.4 You are responsible for any errors or inaccuracies in Funds Transfer instructions. Where reasonably practicable, we wilassist you to mitigate your loss.

4.5 Where we make an error in a Funds Transfer we wildo everything reasonably practicable to rectify the error, but which is not otherwise due to your own fraud, negligence or wilfudefault.

4.6 We are not responsible for failing to comply with any Funds Transfer instruction if:

it is unclear or incomplete;
it is given or is to take effect outside Funds Transfer Operating Hours
we are not satisfied that the instruction has been provided by you;
the Account to be debited has insufficient funds or insufficient pre-agreed credit to carry out the Funds Transfer;
the Account to be debited has been frozen for any reason or there is a legaimpediment to process the Funds Transfer; or
the Funds Transfer cannot be processed due to any other circumstances beyond our control.

5. Your Security Obligations

5.1 You are responsible for ensuring that you have:

adequate protection systems, including anti-virus measures, to protect the security of the User ID and password and your use of the Service and to prevent any unauthorised access to your security details.

5.2 You must select a User ID and password that:

has no obvious connection to the User’s name, address, birth date or driving licence number;
is not an obvious sequence of letters or numbers such as 7654321, abcdefg, or aaaaaaa.

5.3 You must:

keep the User ID and password secure and secret at altimes;
take alreasonable steps to ensure that the E-token is kept secure, safe and undamaged, and that information provided to you for your use of the Corporate Internet Banking Service is kept secure and safe.
change the User ID on receipt – once changed, the User ID cannot be further altered; and
change your password on receipt – and subsequently regularly (at least once every 3 months).

5.4 You must ensure that the User ID and password are:

not stored in any manner which indicates that they are security codes;
not used after we have notified you that your right to use them or the Corporate Internet Banking Service has been revoked;
not disclosed, reverse compiled, copied or in any way observed while being used; and
not accessed by any unauthorised person.

5.5 If you are aware of any security breach of the User ID, password, or E-token you must notify us immediately by calling 0845 602 7083 or 0044 (0)20 7929 3407 from overseas (lines are open from 9:00 to 17:00 every business day) and comply with alinstructions from us. The notification of the security breach wiltake effect immediately after it is received by us. Subject to clause 8, any losses that may occur prior to the notification taking effect wilbe borne by you.

6. Your other Obligations

6.1 When using the Service, you must:

act in accordance with these Terms and Conditions;
comply with alrelevant laws; and
comply with alterms of use of the Website stated on the Website.

6.2 You must comply with alinstructions given by us from time to time in relation to the use of the Service.

6.3 You warrant the truth, accuracy and completeness of alinformation given to us by you:

in any Application Form; or
when using the Service; or
otherwise acting in respect of any Account
and you acknowledge and agree that, in entering into these Terms and Conditions and providing the Service, we are relying on the truth, accuracy and completeness of alinformation given by you.

6.4 You must notify us immediately if there are any changes to the information you provided on the Application Form.

7. Verification Of Instructions

7.1 When we receive instructions for the Service, we wilverify that the person giving the instruction is a User by reference to entry of the correct User ID, secure password and valid one-time password.

7.2 Once we have verified that the person sending a Funds Transfer instruction is a User in accordance with clause 7.1, the instruction wilconstitute a valid instruction from you to us and you must accept alresponsibility for the accuracy of information contained in the instruction.

7.3 You acknowledge that we are not obliged to refer to anything other than the User ID and secure password and dynamic password and the Captcha security mechanism when verifying that the instructions are from you.

7.4 You accept that a transaction is not always carried out simultaneously with the instruction being given. Some matters may take time to process and certain instructions may only be processed during normabusiness hours, although the Service may be accessible outside such hours.

8. Liability For Unauthorised Transactions

8.1 You wilbe liable for any unauthorised transactions if:

the loss was due to fraud on your part;
the loss occurred before you notified us of a breach of your Security Codes;
there was unreasonable delay in your notifying us after becoming aware of a security breach of the User ID, password or E-token;
the loss was due to disclosure of the User ID, password or E-token;
you did not take reasonable care when safeguarding the User ID, password or E-token; or
you selected a code which we specifically warned you against (e.g. date of birth, 1111 etc).

8.2 The Bank wilbe liable for any unauthorised transactions if:

the loss occurred due to bank error or negligence;
the loss resulted from any component of the access method being forged, faulty, expired or cancelled;
the loss occurred prior to you receiving the User ID, password or E-token; or
the losses occurred after you had already notified us that the User ID, password or E-token security had been breached.

9. System Failure And Linked Sites

9.1 You may experience interruptions and difficulties accessing the Website and its content from time to time. We do not guarantee that the Website and the content wilbe free from errors, viruses or interruptions. It may be affected by outages, faults or delays. These may be caused by technicadifficulties, your or a third party's software, equipment or systems, traffic, infrastructure failures or actions taken by third parties. We may also alter, interrupt, suspend or deny you access to alor part of the Website or content at any time for any reason we think fit, without any prior notice.

9.2 If our Website or any internet system experiences any breakdown or interruption, corruption of data or any other form of system failure so that you cannot use the Corporate Internet Banking Service effectively then, on request from you, we wildo althings reasonably practicable to reinstate the Corporate Internet Banking Service as soon as possible.

9.3 The Website may contain links or references to other websites. We are not responsible for the availability or content of any linked website. Any link or reference is for your convenience and is not an endorsement by us of the other website, its contents or its owner/sponsor.

9.4 Our website forwards you to Bank of China Limited, who host the Internet Banking Service on behalf of Bank of China (UK) Limited. The information displayed on the Bank of China Limited site may not be applicable to customers of Bank of China (UK) Limited. If you have any questions about our Internet Banking Service or need clarification of anything displayed, then please refer to the FAQs on the Bank of China (UK) Limited website or calour Internet Banking customer service hotline on 0845 602 7083 or 0044 (0)20 7929 3407 from overseas, during the hours of 9:00 to 17:00 every business day.

10. OUR Liability

10.1 We give no warranties or guarantees in relation to the rights to access and use the Website or the Corporate Internet Banking Service. Alterms implied by law, except those that cannot be lawfully excluded, are excluded to the fulextent permitted by law.

10.2 Where it is not lawfuor possible to exclude conditions, warranties or rights implied or given by statute, or other laws, our liability for any breach of such implied conditions, warranties or rights wil(to the extent allowed by law) be limited to the supplying of the service again or the payment of the cost of having the service supplied again, as we decide.

10.3 We wilnot be liable to you in contract or in tort (including negligence) for, or in respect of, any direct, indirect or consequentialoss, damage, liabilities, claims or expenses you suffer arising from or in connection with:

the Website, its content, our computer systems, any event referred to in clause 9.1 or 9.2, if you should have been aware the systems or equipment were unavailable for use or malfunctioning, in which case our responsibilities are limited to those set out in clause 10.2 plus refunding any fees or charges imposed as a result;
any third party website linked to or referred to on the Website or these terms and conditions.

11. Breaches and Termination

11.1 We may terminate these Terms and Conditions and end your use of the Service immediately by notice in writing to you if you are in breach of any of your obligations under these Terms and Conditions.

11.2 We may also terminate these Terms and Conditions at any time in writing, with 30 days notice.

11.3 You may terminate these Terms and Conditions by giving us a completed Application Form indicating cancellation of the Service and we wilcanceyour access to the service as soon as reasonably practicawithin 5 business days.

12. Indemnity by you

12.1 Subject to clauses 8.1 and 8.2, you indemnify us and must pay us on demand for any losses, costs and expenses that we suffer or incur as a result of us complying with an instruction from you.

12.2 The indemnity is a continuing indemnity and is not affected by anything which may otherwise affect it at law or in equity or by statute or otherwise.

13. Costs, Expenses And Fees

13.1 You must pay or, to the extent already paid by us, reimburse us on demand for all:

costs, charges and expenses incurred by us, our agents, contractors and employees in connection with the exercise, enforcement or protection (or any attempt to exercise, enforce or protect) any of our rights under this document, including, in each case, legacosts and expenses on a solicitor and own client basis or a fulindemnity basis, whichever is the higher; and

taxes, registration and other fees, and account charges by us, in each case, including fines and penalties for late payment, arising directly or indirectly in connection with the execution, delivery or compliance with this document, any payment, receipt or supply in relation to them and any transactions contemplated by us.

13.2 We may charge you fees in respect of the Corporate Internet Banking Service (i.e. in addition to any fees payable under the terms of the accounts that may be accessed with the Corporate Internet Banking Service). We may change or add to these fees from time to time in its absolute discretion. At any time that fees are payable in respect of the Corporate Internet Banking Service, a list of current fees wilbe provided on request and when an initiaApplication Form is submitted by you.

14. Statements And Notices

14.1 Statements

We wilnot issue you statements of Account in respect of the Service, but we wilsend you statements on a regular basis showing transactions on your bank accounts. You must examine these statements and telus as soon as possible if something appears to be wrong so that we can resolve the matter quickly and properly.

14.2 Generanotices

Subject to clause 14.3, any notice, demand, consent or other communication given or made under this document must be:
in writing and clearly readable;
signed by the party giving or making it (or signed on that party's behalf by its authorised officer); and
left at the address of the recipient, or sent by prepaid ordinary post to that address or sent to the facsimile number of the recipient.

14.3 Notification of breach of your Security Codes

You may give notice to us of any breach of the User ID, password or E-token by telephone on 0845 602 7083 or 0044 (0)20 7929 3407 from overseas (lines are open from 9:00 to 17:00 every business day). Any notification by you pursuant to this clause wiltake effect immediately or at the start of the next business day if given outside business hours.

14.4 Changes of details

Details may be changed as follows:
You may change any information given in the Application Form only by completing and submitting a new Application Form, indicating a change of details.
We may change our details for the purpose of service of notices, by giving notice of that change to you in accordance with the provisions of clause 13.1.
If you change your address and do not properly notify us, we can give notice to you by writing to the last known address for you properly notified to us under these terms and conditions.

14.5 Receipt

Proof of posting or delivery of a letter or of dispatch of a facsimile is proof of receipt:
in the case of a document sent by prepaid ordinary post on the third Business Day after the date of posting;
in the case of a document left at the address: on the day and at the time at which delivery was made; and
in the case of a facsimile: on the day and at the time at which the transmitting facsimile machine indicates that the facsimile was sent in its entirety to the facsimile number of the recipient for the purposes of this clause.

15. General

15.1 Notification of materiachanges

We may change any of these Terms and Conditions at any time including introducing a fee or charge.
We wilgive you at least 30 days notice of any such changes. Such notification may be provided via the media, by written notice to you or by posting an electronic notice on the Website.

15.2 Records

Using the Corporate Internet Banking Service you wilbe able to access records of Funds Transfers for a period of 12 months from the date of the transfer.

15.3 Waivers, variations and consents

Any waiver or consent by us is effective only if it is in writing signed by or on behalf of us and then only to the extent expressly stated in writing and in the specific instance and for the specific purpose for which it is given.

No failure on the part of us to exercise, or delay on our part in exercising, any of our rights operates as a waiver of them.

No provision of this document or right conferred by it can be varied except in writing signed by the parties.

15.4 Invalidity

If any part of this document is for any reason unenforceable that does not affect the enforceability of the remainder.

15.5 Assigning rights

We may without your consent assign to any person our rights under this document. You must not assign any of our rights under this document without our prior written consent.

15.6 Disclosure of your information

You irrevocably consent and agree to us providing information concerning you or this document:

to any person who is an assignee or potentiaassignee or a beneficiary or potentiabeneficiary of; or a participant in or potentiaparticipant in, our rights under this document;
if required or permitted by law;
if the information is publicly available; or
if we are under a public duty to disclose the information.

15.7 Governing law and jurisdiction

This document is governed by and it is to be interpreted in accordance with the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of thecourts of England and Wales.

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