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TERMS AND CONDITIONS
SERVICES
ALERTS
ADDRESS
APPLICABLE / GOVERNING LAW
BILL PAYMENT / PRESENTMENT / SHOPPING
CORRESPONDENT BANK RELATIONSHIP
DISCLOSURE OF INFORMATION
ELECTRONIC BANKING OR BANKING OVER ELECTRONIC MEDIUM
AUTHORITY TO BANK
WITHDRAWL OF ELECTRONIC BANKING
STATEMENT OF ACCOUNTS
STOP PAYMENTS
WORKING DAYS

 
 
 
TERMS AND CONDITIONS

This document lays out the Terms & Conditions and Rules for the Services (hereinafter called "T&Cs") which shall be applicable to all Current, Savings and Fixed Deposit Account(s)* which are existing, may be opened now or any time in future with the J&K Bank branches in India (hereinafter called the 'Bank'). The word 'Customer' refers to the person or person(s) in whose name the Account(s) with the Bank are existing, may be opened (changed) now/any time in future. The word Customer shall include both singular and plural. The word 'Account' refers to the Account either held single and/or jointly with the Bank which are existing, may be opened (Changed) now/any time in future. The word Customer shall include both singular and plural and both the genders as well as juristic persons, though for the sake of convenience is referred to in the masculine gender. The Customer agrees to comply with and be bound by the T&Cs for the time being and from time to time in force governing operation of Account and recognizes that the T&Cs herein are without prejudice to any right that the Bank may have with respect to the Account in law or otherwise.

 
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SERVICES
For the convenience of the Customer and for more efficiently servicing the Account, the Bank offers, itself or through third parties, various Services including but not limited to:
a) Cash Delivery;
b) Courier pickup/delivery;
c) Combined portfolio statement;
d) Foreign Exchange delivery/sale/purchase;
e) Bill payments/presentment;
f) Pool Sweeps;
g) Drop Box;
h) Stop Payment;
i) ATMs;
j) Bank By Phone;
k) Net-Banking;
l) Banking over other electronic media, etc. (hereinafter called the 'Services').
Customer acknowledges that he has understood the particulars of these Services and the Rules & Conditions for their utilization. Brief particulars of these Services and the Terms & Conditions governing the customer relationship with the Bank are summarized below.
 
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ALERTS
Alerts are certain messages sent to the Customer triggered by certain events taking place in the Account of the Customer or otherwise. These messages are sent over certain channels of Electronic Banking. Bank on best effort basis may display certain pre-defined Alerts. These Alerts may be on the Welcome page of the Net-Banking when the Customers access's his Account over the Net-Banking and/or on Mobile Phone. However the Bank shall not be responsible or liable for the timeliness, completeness, accuracy and successful delivery or receipt of the Alerts and also why certain information is not put as an Alert or why certain information earlier put as an Alert is not later put as an Alert.
 
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ADDRESS

Bank shall send all communications, correspondences, statement of accounts, cheque books, drafts etc. to the Customer at the address of the Customer duly recorded with the Bank except in exceptional circumstances. Change of address can only be done by the Bank on a written instruction from the Customer, in the case of accounts with joint holders, the change of address request should be signed by all the account holders for it to be affected by the Bank. Customer must promptly notify in writing to the Bank in case of change in his address. Change of address will be applicable to all the accounts of the Customer wherein he is the sole as well as the primary account holder. Bank will not be responsible for any mail posted/couriered by the Bank at such address but not received by the Customer due to any reason whatsoever including but not limited to the fault of the postal/courier agency, mail being delivered at the given address but being not received by the Customer and/or mail not being delivered at the given address due to the Customer not being available thereof. In case of non-delivery of mail, Bank will not be responsible or liable to re-deliver the mail. In case of accounts with joint holders, all account communication will be ONLY sent to the address of the primary holder.

 
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APPLICABLE / GOVERNING LAW

All Accounts shall be governed and be subject to laws of India and guidelines as may be issued by Reserve Bank of India from time to time. The Courts of the city in which the branch of the Bank in which the Account is/was opened shall have the exclusive jurisdiction and the Customer and the Bank unconditionally submit to jurisdiction of those courts.

 
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BILL PAYMENT / PRESENTMENT / SHOPPING

Certain service providers/vendors/utilities over Electronic Banking, with or without the ability for the Customer to know the details of such bills. However the Bank shall not be liable or responsible for:
--> the accuracy of such bills/outstandings and/or details thereof or whether the bill was made available over Electronic Banking on time or not;
--> to track whether the Customer has made payments through channels other than the Electronic Banking;
--> the timeliness of payment to the respective service providers/vendors/utilities;
--> the timeliness of receipt of payment by the respective service provider/vendor/utility;
--> the discontinuation/suspension/partial suspension/cancellation of the service/goods/utility, for any reason whatsoever, and the consequences thereof;
--> the quality of the service/goods for which the payment is intended/made or delay/non-delivery of the same due to any reason whatsoever including but not limited to the fault of the service provider/vendor/utility or the service provider/vendor/utility going into bankruptcy/suspending/ceasing to do business;
--> any short/excess payment made to service provider/vendor/utility, and for which, the Customer is solely liable to follow up and settle the shortfall and or for refunds.

 
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CORRESPONDENT BANK RELATIONSHIP

Bank uses the services of correspondent banks to provide various Services that include draft issuance and cheque collection. Bank will take due care to protect the interest of the Customer, but the Bank will not be responsible if there are any losses/liabilities which arise as a result of the action of the correspondent bank and/or any delay in realization of cheques deposited.

 
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DISCLOSURE OF INFORMATION

The Customer agrees that the Bank or its contractors may hold and process information relating to his person, address, Accounts, business, etc. whether provided by the Customer or that may otherwise come to the possession of the Bank. The Customer acknowledges and agrees that the Bank may disclose from time to time Customer Information to other offices and branches of the Bank, to the Bank's subsidiaries and affiliates and to third parties/vendors such as but not limited to messengers, couriers, credit rating agencies, verification agencies and marketing agencies engaged by the Bank. The Customer further consents to the disclosure of Customer Information by the Bank, or any such subsidiary or affiliate of the Bank (i) at the request of any government regulatory or other similar agency or authority having jurisdiction over the Bank or such subsidiary or affiliate (ii) pursuant to subpoena or other court processes, or to the extent required in connection with any litigation between such Bank, subsidiary or affiliate and the Customer, provided that such disclosure is subject to an appropriate protective order if such order is available (iii) when requested by any other bank/financial institution/Reserve Bank Of India and (iv) when otherwise required to do so in accordance with applicable law. Bank may obtain credit reports and make any other inquiries about the Customer as necessary in the regular course of banking business including recovery of amounts due by the Customer to the Bank and for the said purposes share the Customer Information with credit rating agencies, verification agencies, recovery agents and the like.

 
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ELECTRONIC BANKING OR BANKING OVER ELECTRONIC MEDIUM

All banking transactions and Services carried/availed by the Customer other than by direct personal interface with the branch of the Bank such as over telephone, ATM, Net-Banking, Mobile Phone, fax, kiosks or other electronic mediums are referred to as "Banking over an Electronic Medium or Electronic Banking". The facility of Electronic Banking is provided as a convenience to the Customer only and it is implicit in the Customer availing this facility that the Customer recognizes that the Bank will not preserve any record of the instructions given by the Customer for availing this facility and hence the Customer will not contest any transaction carried out or not carried out by the Bank, over Electronic Banking, shall accept the record of the transaction maintained by the Bank, without any demur or protest, and hold the Bank harmless and blameless against any loss, or consequences thereof, arising from any transaction carried out or not carried out over Electronic Banking. Against the above Cancelground, the Customer can use any services provided by the Bank over Electronic Bank. Some of the Services, which the Customer can avail over Electronic Banking and conditions of such Services, are given below: Accuracy of Information The Customer is solely responsible for the correctness of information supplied to the Bank through the use of Electronic Banking or through any other means such as electronic mail or written communication. The Bank accepts no liability for the consequence arising out of erroneous, incorrect or incomplete information supplied by the Customer. If the Customer suspects that there is an error in the information supplied to the Bank by him, he shall advise the Bank as soon as possible. The Bank will endeavor to correct the error wherever possible on a 'best effort' basis. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized Cancel up system maintained by the Bank in its ordinary course of business. While the Bank will take all reasonable steps to ensure the accuracy of the statement, the Bank is not liable for any error. The Customer shall hold the Bank harmless against any loss, damages, etc. that may be incurred/ suffered by the Customer if the information contained in the above said outputs turns out to be inaccurate / incorrect/incomplete.

 
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AUTHORITY TO BANK

Electronic Banking transactions in the Customer's Account(s) are permitted only after authentication of the Customer-Id and Password/identifiers of the Customer. The Customer (along with the joint account holder(s), if any) grants express authority to the Bank for carrying out the banking transactions performed by him through Electronic Banking. The Bank shall have no obligation to verify the authenticity of any transaction received from the Customer through Electronic Banking or purporting to have been sent by the Customer via Electronic Banking other than by means of verification of the Customer-Id and the password/identifiers. Only the Bank's own record of transactions maintained through computer systems or otherwise shall be accepted by the Bank as conclusive and shall be binding on the Bank and the Customer for all purposes. All transactions arising from the use of Electronic Banking, to operate a joint account, shall be binding on all the joint account holders, jointly and severally.

 
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WITHDRAWL OF ELECTRONIC BANKING

The Bank without assigning any reason shall be entitled to withdraw from any of its Customers Electronic-Banking facility or any one or more of them. Without prejudice to the foregoing, the Bank shall also be entitled to withdraw such facility if: (i) the minimum balance requirement in respect of the Customer/ user accounts is not met with/fulfilled and/or (ii) the service charges remain unpaid and/or (iii) for any other or no reason. In event the Electronic Banking is withdrawn, it shall neither be obligation for the Bank to give any notice to the Customer nor shall the Bank incur any liability whatsoever by reason of withdrawal of Electronic Banking.

 
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STATEMENT OF ACCOUNTS

Statement of Accounts for each Account shall be issued on a frequency as determined by the Bank for each Account. Only one statement of Account shall be issued if the Customer opts to link related Accounts of the Customer and as advised by Customer. No separate statement of Accounts will be issued for such related Accounts. Unless disputed by the Customer within 15 (fifteen) days of mailing of the statement, the same is deemed to be correct. Bank reserves the right to rectify discrepancies, if any, at any point of time. If Customer delays in examining the statement or in reporting a problem, it may affect Bank's ability to resolve the problem, and Customer is liable for the losses that may occur. All the statements will be mailed to Accounts address as per Bank's records. The Customer authorizes the Bank to engage and utilize the services of third parties/vendors to stuff and mail the Statements and/or other documents/material. Bank is not responsible for statements lost in mail. Customer should contact the Bank for duplicate statements, if required.

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STOP PAYMENTS

Customer may, if required, ask for a stop payment on any of the cheque or range of cheques issued by the Customer subject to the condition that these instructions may be carried out by the Bank within two working days from the date of receipt of such instructions by the Bank. Accordingly the Bank shall not be liable or responsible for clearing of Cheques, or any consequences thereof, with respect to which stop payment instructions have been received by the Bank, if such instructions have been received by the Bank on a date which is earlier to two workings days from the date the said Cheque(s) were received in clearing. The charges for this Service will be debited to the Account as per the prevailing schedule of charges. Customer(s) declares and undertakes that it/they will not dispute any action taken by the Bank pursuant to any instruction received by the Bank, by telephone/fax/other electronic medium, irrespective of whether such instructions have been issued by the Customer or not, and even if such instructions have been received by the Bank but have not been acted upon or have been improperly/incorrectly acted upon, with respect to any Account(s) of the Customer, existing and those that may be opened in the future, singly or jointly, with the Bank, nor make any claim on the Bank for any consequences, direct or indirect, thereof, including without limitation any and all losses, liabilities, claims, prosecutions, expenses (including attorney fees and legal costs), costs and the like incurred/suffered by the Customer(s) thereof. Customer(s) shall fully indemnify and hold the Bank/its officers/employees/agents/representatives fully harmless against the same as well as any losses/claims/prosecutions/liabilities/expenses (including attorney fees and legal costs), costs and the like suffered/incurred by the Bank as a result thereof or arising out of the instructions received by the bank with respect to the Account over the telephone/fax/other electronic medium in general and in particular to non-payment of any cheque(s) due to stop payment instructions issued by the Customer verbally or otherwise with respect to any cheque/payment of any cheque(s) by the Bank despite stop payment instructions issued by the Customer verbally or otherwise with respect to any cheque(s). For stop payment instruction(s) deposited in the Drop Box or communicated over Electronic Banking by the Customers, the Bank shall not be responsible or liable for non-processing or delayed processing of such stop payment instruction(s) and consequential losses, if any, and for clearance of the cheque(s) covered by such stop payment instruction(s).

 
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WORKING DAYS

Working days means the days, which are not Sundays, or days that are declared as holidays in accordance with the Negotiable Instruments Act, 1881. Customer recognizes that the even though the Bank may be open for business on Sundays or holidays in accordance with the Negotiable Instruments Act, 1881, the same would not be deemed as working days for the purpose of these Terms and Conditions.

 
 
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