db OnlineBanking - Terms and Conditions

General

The customer acknowledges that he has read, reviewed and understood these terms. By signing the Internet Banking Services Application Form or by acknowledging receipt of the username and / or password, the customer has unconditionally and irrevocably accepted these terms. These terms shall form the contract between the customer and the Bank for availing of the services and shall be further subject to the Bank's general terms and conditions and such other terms as the Bank may agree with the other service providers.
The customer acknowledges that the Internet Banking services are provided by the Bank to the customer at its discretion and only as a convenience to the customer. The customer may avail the Services at his own risk.
The customer further acknowledges that the account or services that are offered to the customer are not assignable / transferable to any third party under any circumstances and shall be used only by the customer or its authorized representative.
The clause headings are only for convenience and do not affect the meaning of the relative clause.
If any provision is held to be illegal, void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be deleted here from and the remaining terms and conditions shall continue in full force and effect. Reference to masculine gender herein would include the feminine gender.

Definitions

In these terms, all the capitalised words and phrases have the meaning stated hereunder, unless indicated otherwise:
Account includes all existing, new and future (including but not limited to any changed or altered form) account(s), (in any form whatsoever, including, but not limited to usual Banking and any kind of Banking or Financial relationship), either held, operated and / or transacted singly and / or jointly at the Bank.
Bank shall mean Deutsche Bank Limited and its branches in India and includes, unless it is repugnant to the context or meaning thereof its officials, employees, agents, contractors, consultants, representatives, successors, content providers and any such persons or entities, who are affiliated or associated with the Bank for any purpose, in relation to any of the accounts or provision of services or any other Bank operations, except where the Bank has itself excluded any such person or entity here from.
Business hours means the time period for which the Bank is open for business and the Business hours may vary for each branch of the Bank, as notified from time to time.
Charges shall mean all charges, fees, interest, costs levied by the Bank or any law as modified from time to time with respect to any account and / or services and / or otherwise on the customer and includes a service Tax.
Customer refers to the person or person(s):
- in whose name the accounts(s) with the Bank are existing, may be opened (changed) now / any time in future;
- to whom the services are made available at the sole discretion of the Bank;
- the cardholder, wherever applicable, and includes both singular and plural, and for purposes of reference to Joint account holders, individually and collectively.
Internet refers to a network of computers and other electronic devices that share and exchange information and is at once a worldwide broadcasting capability, a mechanism for information dissemination, a medium for collaboration and interaction between individuals and their computers without regard for geographic location.
Instruction means any instruction or command given by the customer in reference to any service.
Internet Banking service or services means the facilities offered by the Bank, at its sole discretion, to carry out various transactions or avail of information over the Internet including services such as enquiry about balance in the account, details about transactions in the account(s), statement of account, transfer of funds and any other service as the Bank may decide to provide from time to time through the internet. The availability / non-availability of a particular service shall be communicated to the customer through e-mail, web page of the Bank or in writing as may be deemed fit by the Bank. Such Internet Banking services may be provided by the Bank directly or through its associates or contracted service providers.
Password means and includes any randomly generated secret and confidential code, allotted by the Bank to the customer and / or selected by the customer and / or subsequently changed by the customer as per his choice, for operating the account and / or to avail specified services through Internet Banking.
RBI means the Reserve Bank of India.
Technical Snags includes any problems and difficulties arising due to routine maintenance requirements, excess demand, power and electricity failure, computer errors, programming errors, software or hardware errors, computer breakdown, Internet or network failure, power failure, faults in the telecommunications network, non-availability of Internet connection, communication problems between the Bank's server and customer's computer network, shutting down of the Bank's server or website, non-availability of communication links, corruption of the computer software, snags in the service providers infrastructure and telecommunication network, and arising due to any other technology related snags; any problems and difficulties for any reasons whatsoever including but not limited to natural calamity, floods, fire and other natural disasters, labour disputes, legal restraints or any other problem or difficulty beyond the control of the Bank.
Username or User ID means and includes an identification code which is selected by the Bank and / or the customer for operating the account and / or to avail specified services through Internet Banking. Website means the website owned, established and maintained by the Bank.

Applicability

These terms and conditions are applicable to all Internet Banking services offered by the Bank to its customers.
The customer acknowledges that the Bank may add banking products or services to the Internet Banking service or discontinue some of the banking products and services provided through the Internet Banking service as the Bank in its absolute discretion deem appropriate or fit without the prior consent of the customer.
The customer further acknowledges that any and all information provided through the Internet Banking services or for the use of the Internet Banking services (including the username and password(s)) remain the sole property of the Bank. Accordingly, the customer acknowledges and accepts that the Bank may, in its absolute discretion, restrict the Internet Banking services or withdraw the usage of the username, the password(s) and / or any other services, authentication methods / devices that may have been provided by the Bank for the purposes of using the Internet Banking services.

The customer agrees and acknowledges that the Bank's own record of transactions in relation to the Internet Banking services maintained through its 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 and the customer recognizes, undertakes and agrees to accept such record of the Bank without demur or protest. Due to some of the inherent features of internet, the customer may be able to take out a print of the transaction attempted to be effected by the customer over the internet. However, only the record maintained by the Bank shall prevail. The customer unconditionally acknowledges and agrees not to contest any transaction carried out or not carried out by the Bank upon requesting for the same over the internet.

Password(s) / Access

The customer will be allotted password(s) by the Bank to avail of any of the Internet Banking services. The customer shall receive the same in a tamper proof sealed envelope ("Mailer"). The customer shall ensure that the mailer is received without any tampering, and if not, the customer shall forthwith inform the Bank immediately in writing or by phone.
Customer's access to Internet Banking services banking will be disabled if wrong password is entered successively five times (or such number of attempts as may be decided by the Bank from time to time). In such event, the Bank may automatically reactivate access after a specified interval.
The Bank may decide to disable username / password in case the services are not utilised by the customer for a continuous period as specified by the Bank. The customer may also request for temporary disabling of access. To reactivate access to Internet Banking Services, the customer must intimate the Bank by way of a letter, phone or such other mode as may be prescribed by the Bank, providing certain details as may be required or prescribed by the Bank and the information so sent shall be deemed to be correct.
We shall also not be responsible for wrong transactions and wanton disclosure of password details by you. Viewing option and transactions option on the net are different. You may exercise your option diligently.

Security and Confidentiality of Password

The customer agrees and acknowledges that he shall be solely responsible for maintaining secrecy of his account details and password(s). The customer must comply with any other requirements designed to protect the security of his use of the Internet Banking services, which are set out in the guidelines or notified to the customer from time to time.
To ensure that the customer alone is able to access and give instructions through the internet, he must at all times comply with the following security procedures:
- the customer should change his password regularly or if so required by the Bank
- not choose a password, which he has used before or which is likely to be guessed by anyone;
- to safeguard his password(s) at all times and not to disclose any details of his password to anyone else (including to Joint account holder or a member of the Bank staff);
- not record passwords in a way whereby it will be legible or accessible to any third party;
- preferably memorize passwords and then destroy any record of it;
- not allow anyone to operate the Internet Banking services on his behalf;
- not leave any system unattended while he is logged on to the internet and each time he goes away from such system to log-out from internet;
- not access the Internet Banking services from any equipment or device connected to a local area network (or LAN), such as an office environment, without first ensuring that no one else is able to observe or copy his password(s). The customer shall indemnify the Bank if any loss is suffered by the Bank due to his failure to comply with the above security procedures.

If the customer discovers or suspects that his password or any part of it is known to someone else or is lost or stolen, he must immediately change the password himself through the internet. If this is not possible, the customer must notify the Bank immediately in writing at the Bank branch during Business hours or through the phone. The Bank may suspend use of the Internet Banking services until new password(s) has been set up. Any transaction done prior to such a notification shall be entirely at customer's risk and cost. The Bank shall not be liable for any losses and / or damages arising directly or indirectly as a result of such loss or theft or failure by the customer to notify the Bank of such incident.

Liability of the Customer / Rights of the Bank

The Bank may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to the Internet Banking services. The Bank shall endeavor to use the best technology, but the customer understands that due to the nature of technology, it may not be possible to keep the system foolproof and tamperproof at all times.

Our Bank does not ask for the details of your account / PIN / password. Therefore any one pretending to be asking you for information from the Bank / Technical team may be fraudulent entities, so please beware. You should know how to operate net transactions and if you are not familiar you may refrain from doing so. You may seek Bank's guidance in this regard. Bank is not responsible for online transactions going wrong.
We shall also not be responsible for wrong transactions and wanton disclosure of details by you. Viewing option and transactions option on the net are different. You may exercise your option diligently.
The customer acknowledges and unconditionally accepts and agrees that in no way shall the Bank be held responsible if the customer incurs a loss as a result of technical snags or as a result of information being disclosed by the Bank regarding his Bank account/s to any person or carrying out the transaction or instruction received by way of the Internet Banking services by use of passwords. If the customer fails to observe the security and confidentiality requirements he may incur liability for unauthorised use. The Bank does not assume any responsibility on this behalf under any circumstance.
The customer shall indemnify the Bank promptly upon written demand by the Bank and keep the Bank indemnified against any liabilities, damages, costs, expenses, claims or demands or loss which may be incurred by the Bank as a consequence of any breach by the customer of the terms of this agreement.
The additional service of the Bank providing Internet Banking Fraud Insurance to the customer in respect of Internet Banking transactions is subject to the terms and conditions mentioned herein:-
- The Bank shall at its own cost take out an insurance for the Internet Banking transactions within the geographical limit and subject to the terms and conditions and to the limit as more particularly set out in the Policy.
- The customer shall immediately report the any fraudulent transactions on his account, which fraudulent transaction is carried out through the Internet Banking, to the Bank by calling the 24 hour Phone Banking number in his city on such loss. The Bank will forthwith deactivate the customer's user id immediately to prevent further misuse.
- The customer is responsible for the security of the password(s) and shall take all steps to ensure the safekeeping thereof, as provided herein. If the password(s) are compromised, the customer must file a First Information Report ("FIR") with the local police station and send a copy of the same to the local Bank branch immediately with a covering letter informing the Bank about the same.
  The customer shall then send the following documents to the Bank:-
  - FIR Report duly acknowledged by a police officer;
  - Letter giving details of the loss / disputed transactions.
  - All other documents as required by the Bank and to the satisfaction of the Bank.
The liability per transaction shall be restricted to a maximum of Rs. 2,00,000/- per account.
On receipt of communication from the customer of any direct monetary loss ("Loss") along with requisite documents, prior to reporting of the loss, the Bank is authorised to conduct its own investigation in respect of such fraudulent transaction(s). If such investigation reveals any direct or indirect involvement of the customer his family members / relatives or his employees, the Bank is authorised to take appropriate action against the customer in addition to refusing to give benefit of such policy to the customer. The provisional credit will stand final only post the investigations. The findings of the Bank's investigation shall be final and binding on the customer.
The customer cannot close the account until such time that the hold funds for the said account are released by the Bank.
It is hereby clarified that the customer will get benefit of this Internet Banking Fraud Insurance only if:-
- the transaction account is in good standing
- no more than two unauthorised events have happened during the last 12 months, prior to such reporting of loss and
- the customer shows that he was not negligent in safeguarding the Internet Banking passwords(s).
The liability of the Bank under the Internet Banking Fraud Insurance Policy shall however be subject to general exclusions as mentioned in clause 8 herein and the customer will not be entitled to get any benefit under the Internet Banking Loss Policy if the loss is due to any reason as mentioned in clause 8.

Processing of Transactions

The customer acknowledges that the Bank shall process the transactions through the Internet Banking services only if there are sufficient funds available in the account. If the customer does not have sufficient funds in the account, the Bank may reject such transaction or instruction.
The time taken for processing of transactions through the Internet Banking services may vary depending on whether they are processed manually or electronically and / or whether they can be updated immediately or whether they are processed after the close of Business hours. For Stop Payment instructions and other urgent / important request, the customer should follow up with the Bank and ensure that the same are physically recorded / carried out by the Bank. The Bank shall not be liable for any omission to make any of these payments or for late payments due to circumstances beyond the reasonable control of the Bank.
Once the customer has given an instruction through the Internet Banking services, customer will not be able to reverse it. The Bank is under no obligation to reverse any instruction a customer has given; or to accept an instruction that is conditional or reversible or which requires Bank to pay a third party sooner than it would have been able to pay following normal banking practices. The Bank may at its discretion try to reverse entry to the extent that this is possible under the rules and practices of the banking system at a cost to the customer.
The customer hereby confirms and acknowledges that payments through electronic transfer of funds are subject to section 40A (3) of the Income Tax Act, 1961.
The financial information available by means of the Internet Banking services is for reference purposes only. Account information available through this service will not reflect transactions that may be in the Bank's hands but which have not been processed or which still have to be verified for payment. The Bank shall not be liable for any loss incurred or damage suffered by the customer or third party by reason or in consequence of any such financial information.

Software and Hardware

The customer shall at its cost, procure, maintain and update / upgrade all such software and computer and communication systems, as applicable, from time to time, to avail and use the services which are compatible with the Bank's system. 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 of the customer and that the same shall be the sole responsibility of the customer.

Limits

The Bank will, at its sole option, set and reset, minimum and maximum limits for any transaction that may be carried out by the customer over the internet or otherwise and any such limits would be subject to the availability of sufficient balance in the account. Such limits may be based on parameters as may be prescribed by the Bank from time to time.

Intellectual Property

The customer acknowledges and agrees that all the intellectual property rights in the software underlying any of the services as well as other software, which is required for availing the Internet Banking services accessing account are the legal property of the Bank or the respective vendors. The permission given by the Bank to access the accounts and to utilize the Internet Banking services shall not convey any proprietary or ownership rights in the intellectual property of the software. The customer shall not attempt to modify, translate, disassemble, de-compile or reverse engineer the above-mentioned software or copy the source code of the software or create any derivative product based on the software.

Costs

Applicable / Governing Law

These terms shall be governed by construed and be subject to laws of India and guidelines as may be issued by RBI from time to time. The Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Internet Banking services can be accessed in any country other than India shall not be interpreted to imply that the laws of that country govern these terms and / or the operations of the accounts of the customer. The Courts / Tribunal within the whose jurisdiction the branch office of the Bank maintaining the account of the customer is situate shall have exclusive jurisdiction over all matters arising out of these terms.