Terms & Conditions
Retail Internet Banking Terms and Conditions
Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the On-line Banking Service or the Bill Payment Service ("Service" or "Services"). It also describes the rights and obligations of Business Development Finance Group. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Business Development Finance Group for the provision of certain On-line Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transaction you conduct using the Service.
We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.
If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call Business Development Finance Group at 888 809-8282, or write a letter and send it to:
Business Development Finance Group
Attention: Branch Operations
First Floor, Menara Binai, No 1 Jalan Binjai,
Kuala Lumpur, Malaysia
You are able to access information that is provided in the same manner as the information and the Services via the Internet.
Definitions
The following definitions apply in this Agreement.
"On-line Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement
"On-line Account" is a Business Development Finance Group account from which you will be conducting transactions using a Service.
"Business Day" refers to Monday through Friday, 8:30 a.m. to 5:30 p.m. PT, excluding holidays as determined by Business Development Finance Group. All On-line transaction requests received after the Business Day, or on a non-Business Day, will be processed immediately, but will not post to accounts until the following Business Day after checks processed during nightly processing.
"Password" is a series of numbers and/or letters that you select after the initial sign-on, which establishes your connection to the Service. Business Development Finance Group will provide you with a code for use during the initial sign-on process.
"Payment Initiation Date" is the date you enter into On-line Banking when setting up a bill payment.
"Time of day" references are to Pacific Time.
"We," "us" "our" or "Business Development Finance Group" refer to Business Development Finance Group, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
Business Development Finance Group will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.
HOURS OF OPERATION
The Services are generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between 9:00 pm PT Wednesday to 3:00 am PT Thursday, and 9:00 pm PT Sunday to 3:00 am PT Monday.
USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of paramount importance to Business Development Finance Group. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Business Development Finance Group User-ID, up to the limits allowed by applicable law. While Business Development Finance Group continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Business Development Finance Group representative will ever call and ask for your Access ID or User Password.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call Business Development Finance Group immediately at 888-809-8282, between 8:30am – 5:30pm PT Monday through Friday, is the best way of minimizing your losses. You may also restore the security of your Service by immediately changing your Password. If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use On-line Banking to conduct the following transactions:
Transfer funds among your linked checking, savings, loan and line of credit accounts.
NOTE: Because regulations require Business Development Finance Group to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:
Statement Savings Account-- You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by telephone or On-line Banking.
Money Market Savings Account-- You may view your account status and history. Debits from the account are not allowed.
New services may be introduced for On-line Banking from time to time. Business Development Finance Group will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
STATEMENTS
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Business Development Finance Group immediately at 888 809-8282, or write a letter and send it to:
Business Development Finance Group
Attention: Branch Operations
First Floor, Menara
Binai, No 1 Jalan Binjai,
Kuala Lumpur, Malaysia
If you do not notify Business Development Finance Group within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Business Development Finance Group had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an On-line Banking or Bill Payment transaction, you may call Business Development Finance Group at 888 809-8282, or write a letter and send it to:
Business Development Finance Group
Attention: Branch Operations
First Floor, Menara
Binai, No 1 Jalan Binjai,
Kuala Lumpur, Malaysia
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
Your name and account number
A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
The dollar amount of the suspected error
The date on which it occurred
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
You agree that Business Development Finance Group may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Business Development Finance Group shall be considered received within three (3) Business Days of the date sent by Business Development Finance Group, regardless of whether or not you sign on to the Service within that time frame.
LIMIT OF UNIVERSAL BANK'S RESPONSIBILITY
Business Development Finance Group agrees to make reasonable efforts to ensure full performance of On-line Banking. Business Development Finance Group will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Business Development Finance Group is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from Business Development Finance Group is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Business Development Finance Group is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Business Development Finance Group is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. Business Development Finance Group will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of Business Development Finance Group's liability shall be as expressly set forth herein. Under no circumstances will Business Development Finance Group be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
UNIVERSAL BANK'S RESPONSIBILITY
Business Development Finance Group will be responsible for your actual losses if they were directly caused by our failure to:
Complete an Electronic Funds Transfer as properly requested
Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
Through no fault of Business Development Finance Group, you do not have enough money in your account to make the transfer
Through no fault of Business Development Finance Group, the transaction would have caused you to exceed your available credit
Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
There is a hold on your account, or if access to your account is blocked in accordance with banking policy
Your funds are subject to legal process or other encumbrance restricting the transfer
Your transfer authorization terminates by operation of law
You believe someone has accessed your accounts without your permission and you fail to notify Business Development Finance Group immediately
You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service
For the failure of any payee to correctly account for or credit the payment in a timely manner
We have received incomplete or inaccurate information from you or a third party involving the account or transfer
For changes to the payee's address or account number (unless you have advised us of the change within three (3) Business Days in advance)
We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send Business Development Finance Group an electronic mail message through the Service, Business Development Finance Group will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with Business Development Finance Group immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that Business Development Finance Group may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Business Development Finance Group shall be considered received within three (3) days of the date sent by Business Development Finance Group, regardless of whether or not you sign on to the Service within that time frame.
ALERTS/MESSAGES
Internet banking alerts allows you to set up automated alert events based on your own criteria. Alerts may be sent via email or in an online message box within Internet banking, or both. Email alerts will be sent to the email address you provide in creating the alert.
The bank may add or remove types of alerts from time to time.
If you change your email address you are responsible for changing this in the alerts you have already set up.
You agree that alerts may be delayed or prevented for a variety of reasons.
We do not guarantee the delivery or validity of the contents of any alert.
You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.
You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.
The bank will never include your password or full account number in an email alert, however you understand that alerts may include your name and some information about your accounts.
Unfulfilled events (events that do not happen) will only remain on the system for 999 days. You will not be notified when they are removed.
Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.
OTHER AGREEMENTS
In addition to this Agreement, you and Business Development Finance Group agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the On-line Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Business Development Finance Group, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Business Development Finance Group may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY
A copy of Business Development Finance Group's Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling Business Development Finance Group at 888-809-8282, or writing a letter and sending it to:
Business Development Finance Group
Attention: Branch Operations
First Floor, Menara
Binai, No 1 Jalan Binjai,
Kuala Lumpur, Malaysia
You can also access our Policy online by clicking on the Privacy Policy icon on the Business Development Finance Group Website.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your On-line Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the On-line Banking and/or Bill Payment Service, you must notify Business Development Finance Group. Your notification should include your name, address and the effective date to stop the service(s). When Bill Payment is terminated, any pre-scheduled bill payments made through On-line Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify Business Development Finance Group by one of the following methods:
By writing a letter and either sending it to:
Business Development Finance Group
Attention: Branch Operations
First Floor, Menara
Binai, No 1 Jalan Binjai,
Kuala Lumpur, Malaysia
GOVERNING LAW
This Agreement is governed by the laws of the East London and applicable federal law(s).
FEE SCHEDULE
Business Development Finance Group offers the benefits and convenience of the On-line Banking service to you at no monthly charge. Account research, stop payment charges and Bill Pay Services will be assessed at the rates published in Business Development Finance Group's Schedule of Fees Brochure and deducted from your Bill Pay Account or another account you hold at Business Development Finance Group.
These fees are subject to change. Business Development Finance Group will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.