TERMS AND CONDITIONS FOR THE USE OF THE E-BANKING SERVICES (hereinafter the “E-B”) OF BANCA ZARATTINI & CO. SA
These Terms and Conditions govern the use of the E-Banking Services of Banca Zarattini & Co. SA (hereinafter the “Bank”). Where the accountholder and/or accountholder’s de facto representative (hereinafter the “Client”) expressly wishes to use the E-B, he/she must sign a relevant agreement in which he/she accepts these Terms and Conditions and acknowledges that the said Terms and Conditions are an integral part of the Bank’s General Terms and Conditions. All additional terms and conditions governing the relationship with the Bank, such as terms and conditions for the opening of accounts/custody accounts for individuals or companies, remain legally binding. In case of discrepancies between these Terms and Conditions and the General Terms and Conditions, the General Terms and Conditions shall prevail.
1. Description of the Services
The E-B allows the Client to access information on the account via Internet. The E-B may be amended at any time at the Bank’s discretion. The service includes the current view of assets (including loans) and the possibility of carrying out certain transactions such as payment orders, purchase and sale of financial instruments and on cryptocurrency. This list is not exhaustive and may be modified according to the Bank’s business strategy.
The identity of the Client shall be established via an authentication process involving a user ID (login), password and security code. In order to generate the security code, the client is required to install the E-B application on his own mobile device. The device, once associated with the Client, will allow access to the E-B application directly through the device itself, or it will guarantee identification through the generation of the security code that will allow access to the E-B through a third party device not necessarily associated with the Client.
Identification process indicated herein may be added to, modified or replaced by the Bank at any time. The user has the right to replace or change the identification details offered and/or accepted by the Bank at any time.
3. User Identification
The Bank considers anyone who identifies himself or herself in accordance with point 2 above to be authorized to use and activate the E-Banking services. Within the framework and within the limits of the services chosen on the opening application and taking into account the type of provision chosen, the Bank may therefore allow the authorised user, without further verification, to consult via E-Banking the accounts/deposits specified on the opening application, to accept or decline the orders and communications independently of the internal legal relationship between the Bank and the Client and without taking into account any different regulations contained in the Bank’s specimen signature forms. The Bank shall, however, be entitled at any time, without giving reasons, to refuse to provide information and to accept instructions, orders and communications and to require the user to identify himself or herself in any other way (either by signing or by personal presentation).
Any users who identify themselves by means of the above-mentioned authentication process shall be considered legally permitted users, irrespective of whether they have been duly authorised to access the E-B.
The Client is solely responsible for any activity carried out after the system has authorized access based on positive verification of his / her identity.
The Client shall bear full responsibility for any activity carried out after the system has authorised access based on positive checks on the user’s identity. All orders, instructions and communications received by the Bank E-B are also deemed to have been given and authorized by the Client.
4. Duty of care by the Client
The Client is obliged to ensure that all means of identification, referred to in point 2 above, are kept safely by the Clients and are protected against misuse by unauthorized persons. In particular, it is forbidden to write down passwords after their modification or to store them in the computer without any protection. The Client bears all risks arising from the disclosure of user identification.
If there are grounds for suspicion that an unauthorized user has had access to the user identification details, the Client must ensure without delay that they are changed, deleted or E-B access is blocked.
The Client is fully responsible for ensuring that other users authorized by the account holder to access E-B (de facto attorneys) also comply with these conditions.
5. E-B access block
At the request of the Client the Bank may block the access to E-B., The Client shall assume responsibility for all the risks arising from use of the E-B before the block is set up and is aware of the necessary time periods for the normal blocking and unblocking procedures. Access may (only) be blocked or unblocked during the Bank’s working hours. To have access blocked, the Client must contact his/her account manager.
The Bank is authorised to block the Client’s access at any time without having to give prior notice if it considers that there is sufficient reason to do so.
6. Risk awareness
The Client acknowledges the following risks:
• Insufficient knowledge of the system and inadequate security measures may facilitate unauthorized access to the system (e.g. storage of data on an insufficiently protected hard disk, file transfer, electromagnetic emissions from video drives, etc.). It is up to the user to find out exactly what security measures are required for safety of E-B.
• It is not possible to exclude the possibility that a network operator (e.g. Internet provider, SMS) may set up a surveillance system for data exchange, so that the operator can determine when and with whom the user has come into contact.
• The Bank uses an encrypted system that is currently considered secure by the Bank. This system will be adapted regularly in line with developments in data encryption technology. There is, however, a latent danger that third parties may access the user’s terminal without the user’s knowledge when using E-Banking services.
• Insufficient technical knowledge or lack of security precautions may facilitate access to the system by unauthorized users. It is the responsibility of the Client to have information about the necessary security measures at his disposal.
• When using a network (e.g. the Internet, SMS), there is a danger of viruses and the like spreading in the terminal as a result of contact with external systems. There are special anti-virus programs available on the market that can help the customer with individual security measures.
• It is important to ensure that the Client uses software from a trusted source.
7. Exclusion of the Bank responsibility
Although security measures are taken in accordance with the latest technology, it is not possible to guarantee absolute security for either the Bank or the Client. Although it is a component of the system, the user terminal is located outside the Bank’s control and can therefore become a weak point in the system. Despite all the security measures taken, the Bank cannot assume responsibility for the user terminal.
In most cases, the Bank does not provide technical access to its services. This is the sole responsibility of the Client. Specifically, the Client acknowledges that the Bank does not distribute the special security software required for E-B. The Bank does not therefore provide any guarantees either with respect to network operators (e.g. Internet providers, SMS) or with respect to the security software required for E-B.
The Bank does not assume any guarantee for the accuracy and completeness of the E-B data made available to the Client. In particular, information on accounts and custody accounts (balances, statements, transactions, etc.) as well as freely accessible information such as exchange and stock exchange rates shall be non-binding. E-B data does not constitute a binding offer unless it has been explicitly designated as such.
Any liability on the part of the Bank for damages incurred by the Client as a result of transmission errors, technical defects, overloads, interruptions (including system maintenance work), faults or unlawful interventions and intentional blocking of telecommunications equipment and networks or as a result of other malfunctions attributable to the operators of telecommunications equipment and networks is excluded.
The Bank shall not be liable for the consequences of disturbances and interruptions, in particular in the processing of E-Banking transactions (e.g. caused by illegal system interventions), provided that it has acted with the usual professional diligence.
In addition, the Bank expressly excludes any liability for software or hardware that it may have supplied (including means of legitimation), as well as for the consequences resulting from the transmission of the software via the network (e.g. the Internet).
Should security risks become visible by the Bank, the Bank reserves the right to discontinue E-Banking services at any time until such risks have been eliminated in order to protect the interests of the Client. The Bank shall not be liable for any damages resulting from such interruption.
The Bank shall not be liable for damages incurred by the Client as a result of a breach of contractual obligations owed to third parties or for indirect or consequential damages, such as unrealized profits or claims by third parties.
In the event of slight negligence, the Bank shall not be liable for damage caused by its auxiliaries in course of business.
8. Access times and downtime
The user may access the E-B system 24 hours per day every day, except Sunday, when it is not accessible between 4 a.m. and 8 a.m. (GMT+1).
If the Bank identifies any security risks, it reserves the right to suspend the E-B at any time to protect the Clients assets until the risk is eliminated. The possibility still exists that the system may also not be available in case of exceptional events or extraordinary maintenance. The Bank shall not accept any liability for any loss or damage due to such suspension.
9. Client orders
For orders transmitted by the Client via the E-B platform, the provisions of the Bank’s General Terms and Conditions and the specific provisions for the order receipt and transmission contract shall apply. The Client is therefore aware that transmitted orders can only be executed during the office hours (hereinafter the “Office Hours”) indicated by the Bank,
Orders placed outside these hours will be executed in the next possible Office Hours.
10. Electronic documents
Bank documents and evidence in electronic format regulated in these terms and conditions refers to banking transactions that are based on separate contracts and conditions (e.g. General Terms and Conditions of the Bank). Within the scope of electronic documents, these Terms and Conditions shall take precedence over any divergent regulations contained in the above-mentioned contracts and conditions.
These Terms and Conditions govern the electronic submission of all bank documents and evidence of the Clients accounts and custody accounts specified in the application for the use of E-B in accordance with the Client’s instructions. Electronic documents enable the Client and any user with access rights to receive in electronic form, in addition to or instead of sending them in paper form, certain documents defined by the Bank. Within the framework of E-B, the Bank provides the Client with a special documents section dedicated to and reserved for the Client (hereinafter the “Documents Section”) in which it deposits the electronic bank documents and bank statements intended for the Client, which are therefore deemed to be delivered.
The Client acknowledges that banking documentation and documents transmitted via electronic means are deemed to have been delivered to the Client when they can be retrieved by the Client in the Documents Section. Any deadlines relating to banking documentation and receipts shall start to run from that moment.
By accepting these terms and conditions, the Client explicitly accepts that by sending banking documentation and receipts to the Documents Section, the Bank has fulfilled its reporting obligation.
The blocking or deactivation of the E-B and/or electronic documents for the last user authorized to access them results in the restoration of the sending of the documentation to the postal address indicated at the opening of the relationship, in the mode agreed upon therein. If, during the blocking period or after the deactivation of individual users, the Client wishes to receive additional copies of bank documents or bank statements, even before deactivation, they must refer to the Bank. This additional order may be subject to additional charges.
The Client’s complaints regarding the electronic bank documents and bank statements must be made immediately after acknowledgement and within the time limits specified in the document or slips concerned. If the time limit specified in the bank document or proof in question has elapsed, but no later than 30 days after delivery to the Documents Section, the electronic documents and proofs shall be deemed to have been fully accepted by the Client.
The Client acknowledges that electronic bank documents and bank statements are kept for at least 10 years until they are deleted and that, if deleted they are no longer available in electronic form. Any additional documents order in paper form may be subject to additional charges.
Within the framework of any applicable statutory provisions (e.g. in Switzerland: Ordinance on the Keeping and Preservation of Business Books, Ordinance of the FDF on the Electronic Transmission of Data and Information, the Client is responsible for the recording, appropriate storage or storage and subsequent use as well as for the integrity of the electronic bank documents and bank slips received via electronic documents. The user is recommended to save the bank documents and bank statements to their own data storage. The information exchanged between the Client and the Bank via chat is stored until cancellation. The account statements that can be viewed via E-B over a period of 1 year remain available for a period of maximum 10 years.
The Bank cannot provide any guarantee that the bank documents and supporting documents provided have evidential value vis-à-vis domestic and foreign authorities. The Client shall use the documents and evidence against such authorities and shall assume personal responsibility for them. Any additional order in paper form may be subject to charges.
Printouts of electronic documents and proofs do not constitute original documents. It is therefore essential to keep the electronic bank documents and slips in their original (unchanged) electronic form. In particular, it should be noted that the storage of the aforementioned bank documents and documents should only be carried out using the version recommended by the Bank of the “Adobe Reader” software. Storage with a lower version may result in the illegibility of the electronic signature of the relevant document or evidence. The Bank reminds to the Client that bank documents and supporting documents must be submitted in paper form at the express request from the authorities entitled to inspect them (e.g. tax authorities).
At any time and without having to state reasons, the Bank shall be entitled to send bank documents and supporting documents exclusively or in addition in paper form.
11. Bank Secrecy
The Client acknowledges that data is often transmitted over an open network, freely accessible to all (Internet, SMS). The data can be transmitted across borders without being subject to any control. This also applies to the transmission of data between sender and recipient residing in Switzerland. Although individual data packets (with the exception of SMS texts) are transmitted in encrypted form, the sender and recipient (as well as the text of the SMS) remain unencrypted, so that it is possible for third parties to trace the existence of a banking relationship and/or a payment relationship between the Client and the recipient. The Client is aware that Swiss law, in particular banking secrecy, effectively extends only to the Swiss territory and that all data transmitted abroad no longer enjoys any protection under Swiss law. In this context, the Client expressly acknowledges and accepts that, by using the Internet, the data may be transmitted over a public network accessible to other Internet users. The data can thus be transmitted without border control (even if both sender and receiver are located in Switzerland) and can be transferred from and between different countries.
Some of these countries may not have the same level of legal protections as Switzerland with respect to the bank’s customer information.
Since banking secrecy cannot be fully guaranteed when using the Internet, the Client hereby expressly waives the benefits of banking secrecy and releases the Bank from all liability in connection with this waiver.
12. Legal restrictions
The Client shall ensure that he/she is not subject to any laws (due to his/her nationality, place of residence or another factor) that prevent him/her from accessing the E-B or from receiving access instruments for the E-B or from entering into business relationships with the Bank, in particular due to local investments or sales restrictions.
Should the Client wish to access the E-B from abroad, he/she must ensure that he/she is not in breach of any legal, government or regulatory authorisation or requirement (for example, restrictions on the import and export of encrypted algorithms). The Bank shall not accept any responsibility for such legal restrictions.
Any regulations governing the use of the Internet shall apply notwithstanding and may be applicable to these Terms and Conditions following their implementation.
The E-Banking Convention can be terminated at any time in writing by either party. The Client’s cancellation must be communicated to the Bank’s contact person.
The Bank reserves the right to debit a fee for the use of the various services related to the E-B. The Client shall be informed of any fees and any change to the said fees. The Client hereby agrees to the Bank debiting such fees directly to the respective Client’s account.
15. Amendments to the Terms and Conditions
The Bank reserves the right to amend these Terms and Conditions and the E-B service range at any time. The Client shall be notified of such amendments in writing or by another appropriate means and be deemed to have accepted them unless he objects in writing within one month of their notification and in any event with the next use of E-B services.
Both the Client and the Bank have right to terminate the E-B contract in writing at any time.
16. Reservation of statutory provisions
Any legal provisions governing the operation and use of telecommunications equipment and networks are reserved. They shall apply from the date of their entry into force and shall also apply at the start of E-B membership. The Client acknowledges that additional restrictions may apply to Clients domiciled in countries other than Switzerland with regard to the services and functions of E-B.
17. Applicable law and place of jurisdiction
All legal relations between the Client and the Bank shall be exclusively governed by and construed in accordance with Swiss law. Where permitted by the applicable law, the place of performance, the place of debt collection (only for the Clients domiciled abroad) and the sole place of jurisdiction for all proceedings shall be Lugano in the canton of Ticino. The Bank shall be authorised to initiate proceedings against the Client in his/her place of domicile or at any other competent court.