Telephone Banking Terms and Conditions

ACCESS

After a number of consecutive incorrect entries of a Secret Number, the Telephone Banking service facility will be suspended, requiring the Customer to contact Commercial Bank’s customer service agent.

INSTRUCTIONS

1. The Customer authorizes Commercial Bank to act on all Telephone Banking service requests, transactions and instructions received from the Customer, and irrevocably and unconditionally accepts as binding any request, transaction, or instruction made or given through the Telephone Banking service.

2. It is the Customer’s responsibility to ensure that all details relating to the beneficiaries account are input correctly. Commercial Bank is under no obligation to verify these details and cannot be held liable for any funds transferred to an incorrect beneficiary.

3. It is the Customers responsibility, and at their own risk, to provide Commercial Bank with correct account details of payment beneficiaries for any transactions instructed by the Customer over the Telephone Banking service. Commercial Bank shall not be obliged to verify any details provided to it pursuant to a Customer’s instruction.

UTILITY BILL PAYMENTS

1. The Customer must input all information required to effect utility bill payments.

2. It is the Customer’s responsibility to ensure the correct information is in-put, any erroneous payments to utility companies arising out of incorrect information input by the Customer will be the responsibility and liability of the Customer.

3. The Customer confirms and agrees to waive any right it may have for holding Commercial Bank responsible for any mistake or omission and any delay by Commercial Bank due to reasons beyond its control in onward transmission of the funds to the utility companies which may result in disruption of the utility payment transaction.

EXECUTION OF INSTRUCTIONS

1. Commercial Bank will debit the Customer’s account with any amount along with the applicable charges/fees from time to time for transactions instructed by the Customer.  Instructions given on the Telephone Banking service cannot be reversed without Commercial Bank’s approval. Commercial Bank will not be responsible for, including but not limited to, the following: (i) To reverse an instruction given through the Telephone Banking service; (ii) To accept an instruction which is conditional or which requires Commercial Bank to make payment to a third party earlier (or later) than the time Commercial Bank requires according to normal banking practice.

2. Commercial Bank may, at its sole discretion, refuse to carry out any instruction if Commercial Bank has reason (in which the decision of Commercial Bank will be final and binding) to believe the instruction is illegal.

TRANSACTION LIMITS

Transactions instructed through the Telephone Banking service shall be subject to daily limits per customer.

CUSTOMERS’ OBLIGATIONS

1. The customer is responsible for keeping any information conveyed using the Telephone Banking service confidential at all times.

2. The Customer must ensure that there are sufficient funds in their account for Commercial Bank to carry out instructed transactions. If for any reason the relevant account is overdrawn the instruction will not be carried out and any charges thereof will be the responsibility of the Customer.

3. It is the Customer’s responsibility to ensure that payment beneficiary details are input correctly.  Commercial Bank is under no obligation to verify these details and the Customer will be solely liable for any misdirected funds due to their error.

RECORDS AND STATEMENTS

1. No written advice or confirmation will be made or issued by Commercial Bank for any transaction conducted on the Telephone Banking service although such transactions will be recorded in a statement of account issued by Commercial Bank periodically or as provided to Customers at their request.

2. Commercial Bank’s records of any transaction processed through the Telephone Banking service shall constitute binding and conclusive evidence of such transaction.

LIABILITY

1. The Telephone Banking Secret Number is to be used by the authorized user only and should not be disclosed to anyone. The Bank will not be liable for any losses due to the PIN being used by unauthorized persons.

2. The Customer irrevocably and unconditionally accepts responsibility and liability for any and all transactions arising from the use of the Online Banking Service without limitation.

3. The Customer shall be liable for all such requests and instructions and shall keep the bank indemnified against all requests and instructions.  

4. The Customer is fully responsible for any Instructions given to Commercial Bank and Commercial Bank will not be liable in any manner for any unauthorized, fraudulent, or erroneous Instruction.

5. All information input by the customer over the Telephone Banking service shall be at the customers’ liability and discretion. The Bank shall not be liable for any incorrect information input by the customer, or for the consequences of any incorrect information input.

BANKS EXCLUDED LIABILITY

1. Commercial Bank will not be responsible if Customers are unable to gain access to and/or use the Telephone Banking service due to reasons beyond its control, including without limitation, any computer, and telecommunication, electrical, technical or network failure/malfunction.

2. Commercial Bank will not be liable for any loss or damage of whatsoever nature, whether direct, indirect or consequential, to the Customer as a result of making the Telephone Banking service available and such loss or damage may include without limitation the following:

a. Acting on an instruction validly submitted by the Customer but which in fact was given fraudulently or mistakenly by a third person/party(ies);

b. Any failure to act upon any instructions or to provide the services for any reason that is beyond Commercial Bank’s control;

c. The Telephone Banking service being totally or partly unavailable for any reason;

d. Execution of instructions being delayed or not being acted upon by Commercial Bank;

e. Any partial, incomplete, late or failed transfer or bill payment to any nominated payee due to reasons beyond Commercial Bank’s control;

f. Customer’s reliance on the information provided and available on the Telephone Banking service;

g. Any access by a third party to information concerning a Customer’s account(s) (except where such access is obtained due to gross negligence or willful default of Commercial Bank and in such cases Commercial Bank will only be liable for direct loss or damage to the Customer which in the ordinary course of events might reasonably be expected to result from circumstances in question);

h. Any change, alteration, additions or deletions to these Terms and Conditions, the services, the systems of operation of the Telephone Banking service.

3. Commercial Bank shall not be responsible for any delay in onward transmission of utility bill payment funds to the utility companies which may result in disruption of the utility service due to reasons beyond its control.

4. Information provided by Commercial Bank, such as account information and share information, is believed to be accurate and reliable when presented, however Commercial Bank can not and does not guarantee the validity and correctness of such information.

5. Commercial Bank shall not be liable to any reliance by a Customer on any information provided through the Telephone Banking service; the Customer relies on any information at their own risk.

INDEMNITY

1. The Telephone Banking service is provided entirely at the risk of the Customer who shall indemnify Commercial Bank for all loss or damage, howsoever caused, resulting from the use of any of the services provided in the Telephone Banking service.

2. The Customer will indemnify Commercial Bank, its employees, agents, representatives and nominees on a full indemnity basis from and against all actions, claims, proceedings, demands, losses, damages, harm (including direct, indirect or consequential) costs, expenses, charges, taxes, penalties and legal costs and any other liabilities of whatsoever nature which Commercial Bank may incur or suffer by reason of Customer’s accessing the Telephone Banking service. 

3. The Customer agrees to hold harmless and indemnify Commercial Bank against any loss, cost, damage, expense, liability or proceedings which Commercial Bank may incur or suffer as a result of Commercial Bank acting upon, delaying to act upon, or refraining from acting upon the said instructions.

AVAILABILITY

1. Commercial Bank will, on a best effort basis, make available the Telephone Banking service, however routine maintenance requirements, excess demands on the system and reasons beyond the control of Commercial Bank may cause disruptions in availability of this service.

2. Commercial Bank may suspend any service provided under the Telephone Banking service without notice where it is necessary or advisable to do so. Such situations will include but not be limited to where there is suspected breach of security and a need for maintenance of the service.

3. Commercial Bank may introduce new services or modify existing services under the Mobile Banking Service without prior notice where it is necessary.

MISCELLANEOUS

1. Currently Commercial Bank do not charge a fee for the use of the Telephone Banking service, however, we may at our discretion charge a fee for this service, the cost and implementation of which shall be notified to Customers in writing in advance.

2. These Terms and Conditions are in addition to the terms and conditions applicable of all accounts held by or services and facilities provided to the Customer.  In the event of a conflict between these Terms and Conditions and other terms and conditions, these Terms and Condition will prevail in so far as the issue or dispute relates to Telephone Banking service.

3. Commercial Bank reserves the right to refuse any application for the Telephone Banking service at its absolute discretion.

4. Any waiver by Commercial Bank of any breach by a Customer shall not be construed as a permanent waiver and such waivers will not affect adversely the rights of Commercial Bank under this Agreement at any other time.

5. Customers may cease use of this service at any time upon notice to Commercial Bank.

6. The Telephone Banking service should be used in good faith and in accordance with these Terms and Conditions.

7. The Telephone Banking service should not be abused and should not be used to commit any kind of fraud or illegality.

8. Commercial Bank reserves the right to modify these Terms and Conditions and any information provided on the Telephone Banking service.

TERMINATION

1. Commercial Bank reserves the right to terminate this Telephone Banking service completely or in relation to any individual customer at its absolute discretion.

2. Failure by the Customer to comply with their responsibilities, obligations and these Terms and Conditions entitles Commercial Bank to terminate the Customers Telephone Banking account and withdraw the Telephone Banking service.

GOVERNING LAW

These Terms and Conditions, access to the Telephone Banking service and use of the services provided therein shall be governed by all applicable banking laws of the State of Qatar.  The Customer agrees to submit to the non-exclusive jurisdiction of courts in Qatar.  Commercial Bank reserves the right to pursue its remedies outside of the State of Qatar in the courts of any other competent jurisdiction considered appropriate.

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