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Last modified: Oct 24, 2023 4:21 (UTC+08:00)

CURRENT ACCOUNT - GENERAL TERMS

Introduction

This General Part forms part of the Agreement between you and us for each Account you open with us. As well as this General Part, the following documents also form your Agreement with us:

the Account Schedule, which is applicable to each Account; and
the Rates, Fees and Charges Sheet, which is applicable to each Account.

“You” or “your” means the person or people in whose name we have opened and maintained the Account and your Company if you have a Business Current Account with us. “We” or “us” means DNBC Financial Canada Limited. If there is a discrepancy between the General Part and an Account Schedule, the relevant Account Schedule will take priority. Certain words in capitals have specific meanings. We have set these out at the end of this General Part.

Section 1: Use of Your Account

Instructions

We will act on your instructions in respect of your Account, unless we believe an instruction:

has not been made by you;
is ambiguous or unclear;
is against the law; or
has been made with fraudulent or criminal intent

We may also refuse to act on your instructions if we are required to for legal reasons or if you have broken the terms of your Agreement with us.

We will get in touch with you as soon as possible if we have refused to act on your instruction, or held a payment instruction for a period of time unless we are not allowed to for legal reasons.

If you have authorized someone else to access and operate your Account (including any Third-Party Provider), we will need to see written evidence of this authorization before acting on their instructions

Holding A Balance in your DNBC Account

DNBC Financial Canada Limited (“DNBC”) is not a bank and and your DNBC Account is not a bank account, therefore value held as a balance in your DNBC Account represents an unsecured claim against DNBC and is not insured by the Canada Deposit Insurance Corporation (CDIC) or any other deposit protection scheme. DNBC owns the interest or other earnings on these investments, if any. DNBC does not use balances held by its customers for operating expenses or other corporate purposes. In addition, as discussed above, the specified bank account details that we provide to you in order for you to receive funds from third parties are for accounts held by DNBC and its affiliates (and we will credit your DNBC Account, which is held by us, upon receipt of such funds), and are not for a bank account held by you.

Transactions into your Account

You can transfer or send funds into your Account via the Mobile App or Internet Banking. Funds paid through the App will be credited to your Account immediately.

At the moment, you can transfer or pay funds into your account in USD or CAD.

Supporting documents for incoming payments could be required to provide for DNBC Financial Canada Limited’s staff for verification purposes. If you fail to provide sufficient supporting documents or the documents provided do not comply with our requirements, DNBC Financial Canada Limited can, at its sole discretion, reject your incoming payments and return to the originating account with a fee of 30 EUR/GBP/CHF/CAD (or 245 HKD) per transaction applied for both Personal and Business Accounts (depending on which currency you choose and register for your account).

Payments out of your Account

You must have enough money in your Account to cover the full amount of any payment you wish to make. If you do not, we will normally refuse the payment.

When setting up a new payee in the App or Internet Banking, you must ensure all information provided is accurate and complete. If it is not, we may not be able to process a payment instruction to that payee or the payment may be delayed or fail to reach that payee. We will not be liable for any loss you suffer if you do not include all the necessary information for a new payee or if the information you provide is incorrect.

You are allowed to request to adjust or cancel the details of your Payment Order. However, the possibility of your request’s fulfillment depends on the processing time and cut-off schedule when clearing payment orders in the Non-SWIFT Credit Transaction system.

The payment-cancellation request is solely for your interest and does not fall under any responsibility or liability of DNBC Financial Canada Limited. Therefore, we are not liable to any damage/ loss induced by your decision on adjusting/canceling their payment orders. You must be well-aware of that: after the Payment Order is authenticated, it will be executed at any later time according to the Processing Time and Cut-off Schedule when clearing payment in our Non-SWIFT Credit Transaction system which is designated by DNBC Financial Canada Limited, and you have no right to appeal under any circumstances.

If the Payment Order is cancelled/ adjusted due to unclear transactions and/or lack of documents, you will have to pay a cancellation/ adjustment fee, which will be deducted from your account. The fee for this cancellation/ adjustment is 10 EUR/GBP/CHF/CAD (or 80 HKD) applied for both Personal and Business Accounts (depending on which currency you choose and register for your account).

Regarding large transactions, DNBC Financial Canada Limited will charge a fee for checking documents and scanning KYC (Know-Your-Customer) compliance. This service fee is subject to change from time to time and more details are displayed on the Rates, Fees, and Charges sheet which is public on our website (ULR: https://dnbcgroup.com/en-ca/download/personal-fees/ for Personal Account and https://dnbcgroup.com/en-ca/download/business-fees/ for Business Account).

International Payments

If you wish to make an International Payment through the App, we will process this using the exchange rate and fees confirmed in the App at the time of making the payment. Other organizations are also involved in processing International Payments and we are not responsible for all stages of an International Payment. If we become aware that an International Payment has been rejected or delayed, we will try to help you retrieve the funds. If any funds are returned to you for any reason, they may need to be reconverted to EUR/GBP/CHF/CAD/HKD (depending on which currency you choose and register for your account) and you may receive less than you originally paid.

The payment-cancellation request is solely for your interest and does not fall under any responsibility or liability of DNBC Financial Canada Limited. Therefore, we are not liable to any damage/loss induced by your decision on adjusting/canceling their payment orders. You must be well-aware of that: after the Payment Order is authenticated, it will be executed at any later time according to the Processing Time and Cut-off Schedule when clearing payment in our Non-SWIFT Credit Transaction system which is designated by DNBC Financial Canada Limited, and you have no right to appeal under any circumstances.

In case the Payment Order can be canceled/adjusted (informed to clients by our back-office Staffs), you will have to pay a cancellation/adjustment fee, which will be deducted from your account. The fee for this cancellation or adjustment is 50 EUR/GBP/CHF/CAD (or 410 HKD) (depending on which currency you choose and register for your account).

Legal Fee

In case further compliance investigation has to be conducted for a transaction due to suspicious activities or abnormal operations, a legal fee paid by the Client for interview, document review, and transaction verification with related parties may be applied to both incoming and outgoing transactions.

This fee equals 200 EUR/GBP/CHF/CAD (or 1,650 HKD) (depending on which currency you choose and register for your account) + 0.5% of total transaction’s value. The minimum legal fee is 500 EUR/GBP/CHF/CAD (or 4,125 HKD) (depending on which currency you choose and register for your account) and the maximum legal fee is 3,000 EUR/GBP/CHF/CAD (or 24,750 HKD) (depending on which currency you choose and register for your account), regardless of transaction’s value. DNBC Financial Canada Limited reserves the right, at its sole discretion, to charge this fee directly from your Current Account, whether the transaction is approved or rejected.

Payments made in error

If you suspect an incorrect or unauthorised payment has been made from your Account (for example, a direct debit which you previously canceled), please get in touch with us immediately so we can assist as far as we can. If you have made a payment by mistake (for example, you use the wrong payee details), please let us know as soon as possible. We will try to help you recover the funds but we will not be liable for any loss you suffer.

If we make a payment into your Account by mistake, we will take out the same amount without asking for your permission but will let you know what has happened. If someone else tells us they have made a payment into your Account by mistake, we will check with you first before returning the funds. If you disagree, we will not return the funds to the payer, but we may put the payer’s bank in contact with you directly

Monthly Maintenance Fee

We will apply a monthly service charge (paid in advance) for the maintenance of your DNBC Account. The amount and the timing of the Maintenance Fee will be set out in the Rates, Fees and Charges information sheet for Personal and/or Business Account. The Maintenance Fee is non-refundable.

When the monthly Maintenance Fee is due, DNBC will automatically deduct the service fees from your Current Account. A negative Available Balance of your Account means that you incur a liability to DNBC for the corresponding amount. If you fail to pay off this Maintenance Fee by the due date, you will be subject to a late-payment overcharge fee which is 0.5% per day of the unpaid amount.

Providing Information

We will provide you with:

monthly statements in PDF format through the App; and
a paper copy of our Agreement on request.

Your Contact Details

You must keep your personal details (and details of your Company if you have a Business Current Account) up-to-date in the App. When we need to contact you, we will use the contact details we hold in the App. We will not be responsible for any losses you may incur as a result of us using contact details that are out of date.

Section 2: Use of the App

License to use the App

We grant you a non-exclusive, non-transferable, royalty-free license to use the App and software embedded in it to open and manage your Account. This license will terminate immediately when you close your Account and delete the App.

Updates

We may make updates to the App from time to time. We will let you know when we plan to do so and for how long the App will be unavailable (if at all). If we have an emergency or need to do unplanned maintenance on the App, we will try to let you know as soon as possible. You must upgrade the App when we make new versions available. If you do not (or you do not upgrade your phone’s operating system to the latest version available), certain features of the App may not work as intended. We are not responsible for the performance of the App on your phone if you do not update the App or your phone’s operating system to the latest version available.

Things you must not do

You must not do any of the following:

install the App on, or transfer the App to, anyone else’s phone;
translate, adapt, vary, modify, violate, circumvent, reverse-engineer, decompile, disassemble, create derivative works or otherwise interfere with any element of the App or assist anyone else to do any of these things;
use the App in any unlawful manner or in contravention of any term of your Agreement with us;
collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from our systems;
upload any content, which is or may be considered violent, threatening, liable to incite racial hatred, in breach of confidence or privacy, discriminatory, defamatory, abusive, unlawful, pornographic, obscene, indecent, profane or which may cause annoyance or inconvenience to any other person; or
share your password, PIN or any other security detail, with any other person.

If you do anything which is prohibited under this paragraph, you may be responsible for any losses we suffer as a result

Security

When you download the App, you will be required to provide certain Security Information. You are responsible for keeping your phone, the App and the Security Information secure and confidential. You must let us know if you think anyone else has your Security Information or has otherwise managed to unlawfully access your Account. We will never ask you for your passcode, PIN or password, so you must not share these with other people, even if you think they work for us.

Deleting the App

You must not delete the App from your phone until all of your Accounts have been closed and any remaining funds have been returned to you.

Section 3: Managing your Account

Checks

In order to continue to provide you with your Account, we carry out certain checks, including identity, fraud and credit checks, on a regular basis. We also update credit bureaus and other data sources from time to time in respect of your Account.

Tax Reporting

We are required to collect certain information about you and your Account in order to share this with Canada tax authority. If we ask for any information from you, which is required for us to comply with our tax reporting obligations, you must provide this to us as soon as possible, otherwise, we may need to close your Account. We may also be required to withhold certain funds from your Account and pay these to the relevant tax authorities in certain circumstances. We will let you know as soon as possible if we are required to do this.

Closing your Account

You can let us know if you wish to close your Account at any time by getting in touch with us. If you wish to close your Account, you must repay all amounts you owe us and delete the App from your phone. You will not be able to reopen your Account once it has been closed.

We may close your Account by providing you with two months’ written notice of closure.

We may also close your Account immediately without notifying you at all if any of the following things happen:

we suspect you are using your Account for criminal or fraudulent purposes or someone else is using your Account without your authority;
we do not have sufficient information to operate your Account or it turns out you were not entitled to open an Account in the first place;
your behavior towards our staff makes it difficult for us to deal with you (for example, you are threatening or abusive towards our staff);
you are no longer entitled to have an Account with us or you do not accept any revised Agreement;
you do not pay any, fees or charges on time;
you do not have any transaction on your account within 06 months;
you go into bankruptcy, enter into an individual voluntary arrangement, have a debt relief order or trust deed lodged against you or enter into any other form of analogous circumstances;
you die; or
you break the terms of our Agreement in any way (including, in particular, if you do anything in the paragraph above entitled “Things you must not do”).

If any of the events listed above happen, you are responsible for canceling all payments in and out of your Account and deleting the App from your phone. On the closure of your Account, if there are funds remaining in the Account, we will either transfer these on your instruction to an account with another bank or send a cheque to the address we hold for you at the time of closure. If you want to close your Account but still owe us money, we may keep your Account open and seek to recover the money from you using our standard recoveries procedures. On the closure of your last Account with us, our Agreement will terminate. However, certain paragraphs of our Agreement will remain in force given their nature and context.

The fees for closing accounts within 12 months are 200 CAD for personal accounts and 1,000 CAD for business accounts. After one year, it is free of charge.

Liability

We accept liability where we act on a payment instruction and this is not received by your payee’s bank, except where this is a result of your or your payee’s bank’s negligence (for example, if you included the wrong payee details). We also accept liability for any losses you may suffer as a result of us not complying with our obligations under our Agreement with you, or as a result of our negligence or fraud. We are not liable for any matters as far as the law permits except where we have accepted liability under the two paragraphs directly above. The matters for which we are not liable to include the following:

business losses incurred, including loss of profits, loss of business, business interruption or loss of business opportunity;
losses incurred as a result of your inability to access the App;
losses incurred as a result of you doing anything set out in paragraph entitled “Things you must not do” above;
losses incurred as a result of using a third-party app on your phone in connection with a feature or service (for example, when sending a message via Settle Up);
losses incurred as a result of abnormal or unforeseeable circumstances outside our reasonable control, including delays or failures caused by problems with another system or network, data processing failures, mechanical breakdown or industrial action;
losses or costs incurred where a regulatory requirement means we must break our Agreement;
losses incurred as a result of your negligence, fraud or breach of any of the terms of our Agreement; or
losses incurred as a result of you sharing your information, Security Information or the App with any other person.

Section 4: General

Changing our Agreement

We may make changes to your Agreement with us. We will either do this immediately if the changes are in your favour, or with at least two months’ advance notice so you can consider the changes we have made. If you do not wish to accept any changes we may make, you can close your Account at any point before the new Agreement comes into force.

Intellectual Property

We own or license all intellectual property rights in our brand and name, our software, the App and all related materials. No right (including intellectual property right) in these things will vest in you at any time.

Set-Off

If you are in arrears or owe us any money for any reason, we may set off amounts you hold with us in any Account against the amounts you owe us. This means there will be less money available for you in your Accounts. We will only exercise this right where we consider it is reasonable to do so and, where practicable, once we have given you notice in advance.

Miscellaneous

If we do not insist that you perform your obligations under our Agreement, it does not mean you do not have to. If we choose not to exercise our rights immediately, this does not constitute a waiver of our rights and we may choose to do so at a later date. Each term of our Agreement operates independently and if any such term is deemed to be unlawful or unenforceable, this will not affect any other term of our Agreement. Our Agreement is governed by Canada law and the Canada courts will have exclusive jurisdiction to settle any dispute arising out of or in connection with our Agreement

Our Rights

We may reduce your Limit or cancel your registration entirely at any time on the provision of written notice to you.

Fraud or Suspicious Activity on your Account

If you become aware of or suspect that there is unauthorized activity on your Account, you must get in touch with us immediately to let us know.

If you believe you have lost money as a result of fraudulent or other criminal activity on your Account, we may ask you to provide more information for us to assess how the losses have arisen and who is responsible. If we ask you for any such information, you must provide it as soon as possible in all circumstances.

Definition

Account means each account you have with us that we open and maintain for you;
Account Schedule means each separate account schedule containing terms specific to the relevant Account, but which forms part of our Agreement;
Business Current Account means the business current account you have with us that we open and maintain for you and your Company;
Agreement means the agreement in place between us and you in respect of your Accounts, which comprises the General Part, each applicable Account Schedule and each applicable Rates, Fees and Charges Sheet
App means the DNBCnet mobile banking application, as updated from time to time;
Company means, in respect of a Business Current Account, the legal entity in whose name the Business Current Account has been opened;
General Part means this General Part, which is applicable to all current accounts opened and maintained by us for you;
Including means “including but not limited to” and will not limit the generality of the preceding or following words; International Payment means a payment through the
International Payments page in the App or, in certain circumstances, through our customer services team to an account outside Canada in a currency other than EUR/GBP/CHF/CAD/HKD (depending on which currency you choose and register for your account);
Privacy Notice means our Privacy Notice as updated from time to time;
Rates, Fees & Charges Sheet means the separate document which sets out the rates, fees and charges applicable to your Account;
Security Information means the information we request from you (including through the App or when we open your Account) to ensure your Account and your use of the App remain secure;
Third-Party Provider means an entity other than us (i) to which you have granted consent to access your Account and/or authorized to make payments from your Account on your behalf and (ii) which is authorized by the Canada Authority as an Account Information Service Provider or a Payment Initiation Service Provider.