I agree to abide by the
Bank's Terms and Conditions and rules in force and the changes
in Terms and Conditions from time to time relating to my account.
I agree that the opening
and maintenance of the account is subject to rules and regulations
introduced or amended from time to time by the Reserve Bank
of India.
I agree that the Bank will
be at liberty to close my account any time without assigning
any reason whatsoever.
I agree that the Bank can,
at its sole discretion, withdraw any of the services/facilities
given in my account either wholly or partially at any time without
giving me any notice.
I agree that any change in
my account status or change of address will be immediately informed
to the Bank.
I agree that all instructions
relating to my account will be issued in writing satisfactory
to the Bank in form and content.
I agree to preserve my chequebook
/ ATM/Debit card carefully. In case of loss/theft of the same
I shall immediately inform the Bank in writing.
I agree that I will maintain
the minimum balance in my account as prescribed by the Bank.
I agree that I shall be liable
to pay all charges, fees, interest, costs wherever applicable,
which the Bank in its absolute discretion may levy with respect
to my account or any transaction and the same may be recovered
by the Bank by a debit to my account.
I agree that I shall not pay
any amount in cash to any Sales Representative of the Bank at
the time of opening an account or carrying out any transaction
in the normal course of the business. I agree to deposit cash
only at the Teller counters or the ATM.
I agree to accept the format
provided by the Bank in order to execute my fax instructions
to the Bank.
I agree that the Bank will send me communications/letters/cheque
books/etc. through courier / messenger/mail or through any other
mode at its discretion and the Bank shall not be liable for
any loss or delay arising therefrom.
I agree that the Cheque Books,
PhoneBanking TINs, NetBanking Pass Words, Debit / ATM Cards
& PINs will be dispatched by courier (or any other mode
at the Bank's discretion) at my risk and consequence. I shall
not hold the Bank liable in any manner what so ever in respect
of such dispatch of these items.
An account may be opened on behalf of a minor by his/her natural
guardian or by a guardian appointed by a court of Competent
Jurisdiction. The guardian shall represent the minor in all
transactions of any description in the above account until the
said minor attains majority. Upon the minor attaining majority,
the right of the guardian to operate the account shall cease.
The guardian agrees to indemnify the Bank against the claim
of above minor for any withdrawal/transactions made by him in
the minor's account.
I agree and undertake to ensure
that there would be sufficient funds/cleared balance/pre-arranged
credit facilities in my account for effecting transactions.
I agree that the Bank shall not be liable for any consequences
arising out of non-compliance by the Bank of my instructions
due to inadequacy of funds and the Bank can at its sole discretion
decide to carry out the instructions notwithstanding the inadequacy
of funds. The Bank may do the aforesaid without prior approval
from or notice to me and I shall be liable to repay with interest
the resulting advance, overdraft or credit thereby created and
all related charges arising thereby @ Prime Lending rate +5%
p.a. compounded quarterly.
I agree that the Bank shall
not be liable for any damages, losses (direct or indirect) whatsoever,
due to disruption or non availability of any of services/facility/s
due to technical fault/error or any failure in telecommunication
network or any error in any software or hardware systems.
I agree that the Bank may disclose customer information, in
strict confidence, to any of its agent/s and/or contractors
with whom the Bank enters or has entered into any arrangement
in connection with providing of services.
I agree that in case of a dispute, the matter will be settled
by arbitration as per the rules of Indian Arbitration and Conciliation
Act 1996. Further, the Managing Director of HDFC Bank Ltd. or
any other person nominated by him will be the sole arbitrator
and that the place of arbitration will be Mumbai.
SAVINGS ACCOUNTS
I agree to ensure sufficient
balance in my savings account before issuing cheques.
CURRENT ACCOUNTS
I hereby declare that I am not enjoying credit facilities with
any of the Bank's branches or any other Bank at the time of
opening this current account. I undertake to inform the Bank
in writing in case any credit facility is availed of by me
I agree to repay to the Bank
on demand, unconditionally, the amounts of overdrafts that the
Bank may grant me from time to time, together with interest
accrued thereon. I agree that this does not imply that the Bank
is bound to grant me any credit facility whatsoever.
NET BANKING
Definitions and Interpretations:
"Net Banking Terms and Conditions" shall mean the
terms and conditions as modified from time to time applicable
to NetBanking offered by the Bank.
"Confidential Information"
refers to information obtained by the customer, through the
Bank, for the effective availment of Services or Payment Instruction
Services" Internet banking services ,;
"Payment Instruction" shall mean an instruction given
by a Customer to transfer funds from the Account held by the
Customer to accounts held by other approved customers with the
Bank and /or request to issue Demand Drafts (DD) in the name
of the beneficiary who may or may not have an account with the
BankThe Bank may in its sole and exclusive discretion confine
this facility only to certain permitted Customers or may extend
it from time to time to be generally available to all customers;
INTERNET refers to the network of computers
/ mobile phones / other electronic devices which share and exchange
information. The Internet is at once a worldwide broadcasting
capability, mechanism for information dissemination, and a medium
for collaboration and interaction between individuals and their
computers / mobile phones / other electronic devices capable
of accessing the Internet without regard for geographic location.
NETBANKING SERVICES
is the Bank's Service which provides access to account information,
products and other services as advised by the Bank from time
to time to the Customers through the Internet. NetBanking service
shall include the provision of the Demat accounts on the Internet.
The terms NetBanking and NetBanking services/facility may be
interchangeably used.
CUSTOMER refers to any person who has a Bank
Account and/or a Demat Account and who has been authorised by
the Bank to avail of the said facility.
ACCOUNT refers to the Customer's Savings and/or
Current Account and/or Fixed Deposit or DP account opened in
NSDL or CDSL or any other type of account so designated by the
Bank to be eligible account(s) for operations through the use
of NetBanking / NetDP.
PERSONAL INFORMATION refers to the information
about the Customer obtained in connection with NetBanking.
APPLICATION FOR NETBANKING
The Bank may offer NetBanking to selected Customers at its discretion.
I agree that in order to be eligible for NetBanking I would
need to be a current Internet user or have access to the Internet
and knowledge of how the Internet works. I accept that the application
for NetBanking does not automatically imply acceptance by the
Bank.
SOFTWARE
The Bank will advise from time to time the Internet software
such as Browsers, which are required for using NetBanking. There
will be no obligation on the Bank to support all the versions
of this Internet software. I agree that I shall be responsible
for upgrading my software, hardware and the operating system
at my cost from time to time so as to be compatible with that
of the Bank. The Bank shall be at liberty to change, vary or
upgrade its software, hardware, operating systems, etc., from
time to time and shall be under no obligation to support the
software, hardware, operating systems used by me and that the
same shall be my sole responsibility.
NETBANKING SERVICE
The Bank shall endeavor to provide through NetBanking, such
services as the Bank may decide from time to time. The bank
reserves the right to decide the type of services which may
be offered on each account and may differ from customer to customer.
These facilities shall be offered in a phased manner at the
discretion of the Bank. The Bank may also make additions / deletions
to the services offered through NetBanking at its sole discretion.
The availability / non-availability of a particular service
shall be advised through e-mail or web page of the Bank or written
communication.
All accounts opened with the
Bank attached to the same Customer Identification Number will
be accessible through NetBanking
In case of Joint accounts and
accounts with two or more signatories, the bank will offer such
services as restricted by the terms and conditions governing
the operation of such accounts.
In case of Minor accounts,
the natural guardian undertakes to give all instructions relating
to the operation of the account and further undertakes not to
reveal the Customer ID and Password to the minor.
The Bank shall take reasonable
care to ensure the security of and prevent unauthorized access
to the NetBanking service using technology reasonably available
to the Bank.
I agree that I shall not use
or permit to use NetBanking or any related service for any illegal
or improper purposes
OTHER HOLDERS OF DEMAT ACCOUNT: refers to such
holders other than the first named holder of the Demat Account.
The NetBanking services of
the bank for Demat Account is available to a Customer who has
a DP account and a Bank account in his / her name (i.e. the
first holder of the DP account and the Bank account to be same).
The Bank reserves its rights to consider any deviation to the
above at it sole discretion.
The DP account will be attached
to the Customer Identification Number and will be accessible
through NetDP.
Wherever the Demat Account
is jointly held by the customer, the other holders of the Demat
account have the right to authorize the first holder to either
query on the account or initiate transaction on the account
and it will be binding on them.
The Customer further undertakes
that he/she is exempting the Bank in sending of the fortnightly
statements as required. The Customer shall query on the net
for the transactions and holding information. The Customer agrees
that the results of the query generated on the Internet shall
substitute such statements.
The Customer acknowledges that
all information provided in Demat Account of the NetBanking
is obtained by the Bank from sources believed by the Bank to
be accurate and reliable. Because of the possibility of human
and technical error as well as other factors, Bank is not responsible
for any errors of omissions. The development of the products
and services of the Bank is a continuous process and published
information on the Internet may not be upto date. The formats,
update frequency and retention period of the information will
be decided at the sole discretion of Bank. It is important to
check the current position with your respective branch. All
information is provided on 'as is' basis without warranty of
the kind. The Bank makes no representation and disclaims all
express, implied and statutory warranties of any kind to the
user and/or any third party including warranties as to accuracy,
timeliness, completeness, merchantability or fitness of the
information for any particular purpose. All proprietary rights
in the information received shall remain the property of the
Bank. Reproduction, redistribution and transmission of any information
contained on the web site is strictly prohibited. Access to
this web site is a confirmation by you that you have understood
and accepted these terms.
NETBANKING ACCESS
I understand that the Bank would allot me a Customer-ID and
a NetBanking secret password in the first instance. I will be
required to change the password assigned by the Bank on accessing
NetBanking for the first time. As a safety measure I shall change
the password as frequently thereafter as possible.
I agree that in the absence
of any specific request from me for personally collecting the
PIN, the PIN shall be sent to me by courier at my risk and consequences
to the address notified by me for correspondence, and the bank
shall be not liable or held responsible in any manner whatsoever,
if the IPIN falls in the hands of unauthorised person/s.
In addition to Customer-ID
and Password the Bank may, at its discretion, require me to
adopt such other means of authentication including but not limited
to digital certification and / or smart cards.
I agree that I shall not attempt
or permit others to attempt accessing the account information
stored in the computers of the Bank through any means other
than the NetBanking service.
I am aware that the transaction
through NetBanking can be effected by use of my PIN only. I
shall not request /demand any evidence of proof for transactions
undertaken through the Net and the audit trail of the log-in
would be conclusive proof to establish that the transactions
are bonafide.
PASSWORD
I understand and agree that I must :
Keep the password totally confidential and not reveal the password
to any third party
Choose a password which shall be at least 6 characters long
and shall consist of a mix of alphabets, numbers and special
characters which must not relate to any readily accessible personal
data such as my name, address, telephone number, driver license
etc. or easily guessable combination of letters and number
Commit the password to memory and not record them in a written
or electronic form, and
Not let any unauthorized person have access to my computer or
leave the computer unattended while accessing NetBanking.
In case I forget the NetBanking
password, I can request for change of the password. Such replacement
shall not be construed/deemed as the commencement of a new contract.
CHARGES
I authorize the Bank to recover all charges related to NetBanking
as determined by the Bank from time to time by debiting my account
MAILING ADDRESS
All correspondence / delivery by the Bank shall only be made
at the address and / or e-mail address as registered with the
Bank.
TRANSACTION PROCESSING
All the requests for instantaneous transactions will be given
effect to instantaneously. All the requests for non-instantaneous
transactions such as Demand Draft Request, Fixed Deposit Opening
etc. will be carried out at the end of the day on first in first
out basis subject to availability of clear finds in the account
authorised for debit. In case requests for effecting any transactions
are received on weekly offs/holiday/public holidays, they shall
be effected on the immediately succeeding working day on the
terms and conditions prevailing on that day.
I shall not hold the Bank responsible for not processing/effecting
any transactions in case the Bank does not receive instruction
to this effect even though the I have forwarded the same.
I hereby agree to abide by the following terms and conditions
in addition to the terms and conditions as applicable to NetBanking:
I/We shall be free to utilise the Payment Instruction Services
through NetBanking for transfer of funds for such purpose, as
I/we shall deem fit
I/We however agree not to use
or permit the use of the Payment Instruction Services or any
related services for any illegal or improper purposes. Whilst
utilising the Payment Instruction Services for making any payments
for any goods purchased or any services obtained whether on-line
or otherwise, I/We shall ensure that
I/We have the full right and/or
authority to access and avail of the services obtained and the
goods purchased and I/We shall observe and comply with the applicable
laws and regulations in each jurisdiction in applicable territories
I/We shall not involve the
Bank as a party to such transaction
I/We shall provide the Bank with such information and/or assistance
as is required by the Bank for the performance of the Services
and/or any other obligations of the Bank under this Agreement.
I/We shall not at any time
provide to any person, with any details of the accounts held
by me/us with the Bank including, the passwords, account number,
card numbers and PIN which may be assigned to me/us by the Bank
from time to time.
Risks:
I/We hereby acknowledge that
I/We are availing the Payment Instruction Service at my/our
own risk. These risks would include but not be limited to the
following risks:
Misuse of Password:
I/We acknowledge that if any
third person obtains access to my/our password of the Customer,
such third person would be able to provide Payment Instructions
to the Bank. I/We shall ensure that the terms and conditions
applicable to the use of the password as contained in the Net
Banking Terms and Conditions are complied with at all times.
Internet Frauds:
The Internet per se is susceptible
to a number of frauds, misuse, hacking and other actions which
could affect Payment Instructions to the Bank. Whilst the Bank
shall aim to provide security to prevent the same, there cannot
be any guarantee from such Internet frauds, hacking and other
actions which could affect Payment Instructions to the Bank.
I/We shall separately evolve/ evaluate all risks arising out
of the same.
Mistakes and Errors:
The filling in of applicable
data for transfer of funds and/or issue of Demand Drafts would
require proper, accurate and complete details. For instance,
I/We are aware that I/We would be required to fill in the account
number of the person to whom the funds are to be transferred.
Similarly in the case of request for DD I would be required
to fill in the corect details such as the name of the payee
(who may or may not have an account with the Bank), mailing
address, amount of the DD and the city/state where the DD is
payable. In the event of any inaccuracy in this regard, the
funds could be transferred to incorrect accounts or the DD maybe
incorrectly issued or sent to a wrong address and there is no
guarantee of recovery thereafter. I/We shall therefore take
all care to ensure that there are no mistakes and errors and
that the information given by me/us to the Bank in this regard
is error free, accurate, proper and complete at all points of
time. I agree that the Bank is providing the Services at my
sole risk. I agree that the Bank shall not be liable for any
loss , damages or consequences whatsoeverarising due to any
erroneous or incomplete information or any delay in executing
the instructions for reasons beyond the control of the Bank.
On the other hand in the event of my Account receiving an incorrect
credit by reason of a mistake committed by some other person,
the Bank shall be entitled to reverse the incorrect credit at
any time whatsoever without the consent of the Customer I/We
shall be liable and responsible to Bank and accede to accept
the Bank's instructions without questions for any unfair or
unjust gain obtained by me as a result of the same.
Transactions:
The transactions, which I/We
may require, the transfer of the funds or issue of DD may not
fructify or may not be completed by the parties to whom I/we
request the Bank to transfer the funds or issue of DD. The Bank
is not in any manner involved in the said transactions and contracts
and my/our sole recourse in this regard shall be with the party
with whom I/We have the transactions. The Bank is merely providing
me services whereby the said funds would be transferred on my/our
instructions
The transaction(s) for transfer
of funds as per my/our instruction may not fructify or may not
be completed for any reason whatsoever, in such cases, I/We
shall not hold the Bank responsible or involved in any manner
in the said transaction(s) and contracts and my/our sole recourse
in this regard shall be with the party to whom the transaction
my/our instruction was favouring the transfer of funds. The
Bank is merely providing me/us the services whereby the said
funds would be transferred at my /our instructions.
Technology Risks:
The technology for enabling
the transfer of funds and the other services offered by the
Bank could be affected by virus or other malicious, destructive
or corrupting code, programme or macro. It may also be possible
that the site of the Bank may require maintenance and during
such time it may not be possible to process the request of the
Customers. This could result in delays in the processing of
instructions or failure in the processing of instructions and
other such failures and inability. I/We understand that the
Bank disclaims all and any liability, whether direct or indirect,
whether arising out of loss of profit or otherwise arising out
of any failure or inability by the Bank to honour any customer
instruction for whatsoever reason.
I/We understand and I/We accept that the Bank shall not be responsible
for any of the aforesaid risks. I/We also accept that the Bank
shall disclaim all liability in respect of the said risks.
Limits:
I/We are aware that the Bank
may from time to time impose maximum and minimum limits on transfer
of funds that may be transferred or amount of the DD that can
be issued by virtue of the payment transfer service given to
me/us hereunder. I/We realise and accept and agree that the
same is to reduce the risks on me/us. For instance, the Bank
may impose transaction restrictions within particular periods
or amount restrictions within a particular period or even each
transaction limits. I/We shall be bound by such limits imposed
and shall strictly comply with them.
Indemnity:
I/We shall indemnify the Bank
from and against all losses and damages that may be caused as
a consequence of breach of any of the NetBanking Terms and Conditions
and the terms and conditions mentioned herein above.
Withdrawal of Facility:
The Bank shall be entitled
to withdraw this service at any time whatsoever
Charges:
I/We hereby agree to bear the
charges as may be stipulated by the Bank from time to time for
availing of these services.
Binding nature of above terms and conditions:
I/We agree that by use of this
facility, I/We shall be deemed to have agreed to all the above
terms and conditions and such terms and conditions shall be
binding on us in the same manner as if I/we have agreed to the
same in writing.
AUTHORITY TO THE BANK
NetBanking transactions in
the Customer's Account(s) are permitted only after authentication
of the Customer-ID and Password. I/We agree that I/We grant
express authority to the Bank for carrying out the banking transactions
performed by me/us through NetBanking. The Bank shall have no
obligation to verify the authenticity of any transaction received
from me/us through NetBanking or purporting to have been sent
by me/us via NetBanking other than by means of verification
of my Customer-Id and the password.
The display or printed output that is produced by me at the
time of operation of NetBanking is a record of the operation
of the internet access and shall not be construed as the Bank's
record of the relative transactions. The Bank's own record of
transactions maintained through computer systems or otherwise
shall be accepted as conclusive and binding for all purposes
unless any discrepancy is pointed out within one week from the
date of access or from the date of sending the periodical statement,
whichever is earlier.
All transactions arising from
the use of NetBanking, to operate a joint account, shall be
binding on all the joint account holders, jointly and severally.
ACCURACY OF INFORMATION
I/We agree that I/We am responsible
for the correctness of information supplied to the Bank through
the use of NetBanking or through any other means such as electronic
mail or written communication. The Bank accepts no liability
for the consequences arising out of erroneous information supplied
by me/us.
I/We agree that if I/We notice any error in the account information
supplied to me/us through NetBanking or by the use of any of
the NetBanking services, I/We shall advise the Bank as soon
as possible. The Bank will endeavor to correct the error promptly
and adjust any interest or charges arising out of the error.
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 computerised back up system maintained by the Bank. While
the Bank will take all reasonable steps to ensure the accuracy
of the statement, the Bank is not liable for any error. I/We
agree that I/We shall hold the bank harmless against any loss,
damages, etc. that may be incurred/ suffered by me/us, if the
information contained in the above said outputs turns out to
be inaccurate / incorrect.
LIABILITY
I/We shall not be liable for
any unauthorized transactions occurring through the use of NetBanking,
which can be attributed to the fraudulent or negligent conduct
of the employees of the Bank.
If I/We comply with the Terms
and advise the Bank in writing under acknowledgment immediately
after I/We suspect that my/our Customer-Id or password is known
to another person and/or notice an unauthorized transaction
in my/our NetBanking account, I/We shall not be liable for losses
arising out of the unauthorized transactions occurring in the
NetBanking accounts after the receipt of such advice by the
Bank. I/We agree that I/We shall be liable for some or all loss
from unauthorized transactions in the NetBanking accounts if
I/We have breached the Terms or contributed or caused the loss
by negligent actions such as the following.
Keeping a written or electronic
record of NetBanking password.
Disclosing or failing to take all reasonable steps to prevent
disclosure of the NetBanking password to anyone including Bank
staff and/or failing to advise the Bank of such disclosure within
reasonable time
Not advising the Bank in a
reasonable time about unauthorized access to or erroneous transactions
in the NetBanking accounts.
The Bank shall in no circumstances
be held liable to the Customer if NetBanking access is not available
in the desired manner for reasons including but not limited
to natural calamity, floods, fire and other natural disasters,
legal restraints, faults in the telecommunication network or
Internet or network failure, software or hardware error or any
other reason beyond the control of the Bank. The Bank shall
under no circumstances shall be liable for any damages whatsoever
whether such damages are direct, indirect, incidental, consequential
and irrespective of whether any claim is based on loss of revenue,
investment, production, goodwill, profit, interruption of business
or any other loss of any character or nature whatsoever and
whether sustained by me or any other person.
DISCLOSURE OF PERSONAL
INFORMATION
I/We agree that the Bank or its contractors may hold and process
my/our Personal Information on computer or otherwise in connection
with NetBanking services as well as for statistical analysis
and credit scoring. I/We also agree that the Bank may disclose,
in strict confidence, to other institutions, such Personal Information
as may be reasonably necessary for reasons inclusive of, but
not limited to, the following
For participation in any telecommunication
or electronic clearing network
In compliance with a legal directive
For credit rating by recognized credit scoring agencies.
For fraud prevention purposes.
BANK'S LIEN
The Bank shall have the right
of set-off and lien, irrespective of any other lien or charge,
present as well as future on the deposits held in my/our accounts
whether in single name or joint name(s), to the extent of all
outstanding dues, whatsoever, arising as a result of the NetBanking
service extended to and/or used by me/us
PROPRIETARY RIGHTS
I/We acknowledge that the software
underlying the NetBanking service as well as other Internet
related software which are required for accessing NetBanking
are the legal property of the respective vendors. The permission
given by the Bank to access NetBanking will not convey any proprietary
or ownership rights in the above software. I/We agree that I/We
shall not attempt to modify, translate, disassemble, decompile
or reverse engineer the software underlying NetBanking or create
any derivative product based on the software.
NON-TRANFERABILITY
The grant of facility of NetBanking to me/us is not transferable
under any circumstance and shall be used only by me/us
TERMINATION OF NetBanking Service
I/We may request for termination of the NetBanking facility
any time by giving a written notice of at least 15 days to the
Bank. I/We agree that I/We will remain responsible for any transactions
made on my/our NetBanking account(s) through NetBanking prior
to the time of such cancellation of the NetBanking Service
The closure of all my/our Accounts will automatically terminate
the NetBanking service.
The Bank may suspend or terminate
NetBanking facilities without prior notice if these terms and
conditions are breached.
NOTICES
The Bank and the I/We may give
notices under these Terms and Conditions:
Electronically to the mailbox of either party. Such notices
will be regarded as being in writing.
In writing by delivering them
by hand or by sending them by post to the last address given
by me/us and in the case of the Bank to the following address:
HDFC Bank Ltd. Sandoz House, Dr. Annie Besant Road, Mumbai 400
018.
In addition, the Bank may
also publish notices of general nature, which are applicable
to all Customers of NetBanking on its web site. Such notices
will have the same effect as a notice served individually to
me/us.
GOVERNING LAW
These terms and conditions
and/or the operations in the accounts of the Customer maintained
by the Bank and/or the use of the services provided through
NetBanking shall be governed by the laws of the Republic of
India and no other nation. The Customer and the Bank agree to
submit to the exclusive Jurisdiction of the Courts located in
Mumbai, India as regards any claims or matters arising under
these terms and conditions.
The Banks accepts no liability
whatsoever, direct or indirect, for non-compliance with the
laws of any country other than the Republic of India. The mere
fact that the NetBanking Service can be accessed through Internet
by a Customer in a country other than India shall not be interpreted
to imply that the laws of the said country govern these terms
and conditions and/or the operations in the NetBanking accounts
of the Customer and/or the use of NetBanking
GENERAL
The clause headings in this
agreement are only for convenience and do not effect the meaning
of the relative clause. I/We shall not assign this agreement
to anybody else. The Bank may subcontract and employ agents
to carry out any of its obligations under this contract. |