TERMS AND CONDITIONS

Mutual Trust Bank Limited, a scheduled commercial bank duly incorporated in Bangladesh under the Companies Act, 1994 and carrying on its banking business under the Bank Companies Act, 1991, having its registered Corporate Head Office at MTB Centre, 26 Gulshan Avenue, Plot 5, Block SE (D), Gulshan 1, Dhaka 1212, Bangladesh, (hereinafter referred to as the “MTB”).

Dear Sir,

I would request you to open and/or continue the MTB account in my name on the terms and conditions set out below.

In consideration of Mutual Trust Bank Limited (“the Bank”) opening and/or continuing any MTB account and providing banking services and facilities to me, I (“the Customer”) agree to be bound by the following terms and conditions. These terms and conditions shall apply to each and every account of whatever nature hereafter, opened or continued in the same name by the Bank.

Identity Verification and Source of Fund:

The Customer hereby authorizes the Bank to verify the genuineness of the Customer’s NID.

Definitions & Interpretations

1. ‘Account’ means any and all of the account as mentioned and requested for in the Account Opening Form and any other account, which are opened in my name.

2. ‘Business Day’ means any day on which banks in Bangladesh and the Bank are open for account transaction business and exclude weekends, bank holidays, public holidays and all such other holiday or holidays as the government and Bangladesh Bank may declare from  time to time.

3. “Designated Electronic Mail Account” means the electronic mail account specified by me on the subscription form or upon registration for the Facilities by such other means and in the absence of such details, an electronic mail account I provided in connection with my use of the Bank’s Facilities, or such other electronic mail account which I may designate to the Bank from time to time for purposes of receiving electronic mails in relation to my use of the banking services, as the case maybe.

4. “Designated Mobile Number” means the mobile number specified by me on the subscription form or upon registration for the Facilities by such other means and in the absence of such details, any mobile number I provided in connection with my use of the Bank’s Facilities or Services, or such other mobile number which I may designate to the Bank from time to time for purposes of communications in relation to my use of the services, as the case may be.

5. “Facility or Facilities” mean and include all or any of debit cards, locker facilities, statement and all other electronic services such as e -Statement and e-Services, phone banking, internet

banking (i-Banking), Automated Teller Machine (ATM), Cash Deposit Machines (CDM), SMS Banking, Utility Bill Payment, Bangladesh Electronic Fund Transfer Network (BEFTN) Services, POS Services and any other services or facilities offered or to be offered via electronic means by the Bank. The use of the Facilities is subject to Bank’s Terms and Conditions governing such Facility in addition to these Terms and Conditions. If there is a conflict, the terms and conditions governing such Facility will prevail as far as it relates to the specific services unless otherwise expressly stated herein.

General

1. The operation and maintenance of the Account, Deposit Schemes, other Products and banking Services and the facilities shall, in addition to the Terms and Conditions stated herein, be subject to Bank’s prevailing Risk Management Guideline and Terms and Conditions related to the service available in the Bank’s website at www.mutualtrustbank.com or in other forms (including all such modifications, revisions, amendments made by the Bank from time to time) and I do hereby accept the same. In the event of any conflict, the prevailing Terms and Conditions related to the specific product shall prevail over these Terms and Conditions unless otherwise expressly stated herein.

2. I shall furnish all necessary document or documents as may be required and instructed by the Bank from time to time, failing which the Bank shall have the right to refuse opening the account and/or provide the facilities, close the account and terminate and/or suspend the Services and claim necessary fees and charges in relation thereto. I shall always keep the Bank duly and immediately informed of any changes in my address, contact details, Designated E-mail Address, Designated Mobile Number and /or any other information as provided in the AOF or in such other documents provided subsequently related to the Account and Services failing which the Bank reserves the right to block my account in case of bouncing back of any mail or email containing any communications from the Bank’s end to my designated address due to the address being improper/ invalid/ not updated.

3. I agree that the use of the facilities and other banking services will constitute my agreement and acceptance of the applicable terms and conditions as well as my acknowledgement of the inherent risks in conducting any transaction and using the facilities and I authorize the Bank to follow/act on my instructions (as applicable) over telephone/mobile/internet and/or other means set out herein.

4. The Bank reserves the absolute right at its discretion from time to time to modify, restrict, withdraw, cancel, suspend or discontinue the facilities and other banking services without giving any reason or prior notice.

Bank Account

1. The Bank reserves the right to accept or reject the application without notifying the customer.

2. In case of existing customer, all information specific to the individual and the mandatee (if any) stated in this form will replace the information provided earlier under the same fields to establish and/or maintain relationship with MTB.

3. The Bank reserves the right to close any account at its own discretion and without assigning any reason.

4. While existing customer opens a new account, the Bank shall replicate necessary information of the said customer from the previous account opening form.

5. I authorize the Bank to act on my signed instructions or documents drawn or accepted in accordance with the signing instructions given until such time as I shall give the Bank written notice to the contrary 

• for making payments of cheques, bills of exchange, promissory notes, standing orders, direct debits, issues of drafts, mail/email, purchases and sale of securities and foreign currency, and any other instruction by debiting such account whether in credit or otherwise; and 
• to accept any other instruction regarding such account including instruction for the closure of such account.

6. Minimum account opening balance will be as per guideline from regulator(s) and bank from time to time.

7. Fees and charges as per Bank’s schedule of charges.

8. I understand that any funds received by the Bank on my behalf are to be credited to the relevant account unless the Bank receives written instructions from me to the contrary.

9. I understand that the Bank acts only as my collection agent and assumes no responsibility for the realization of any item deposited with the Bank for collection. Proceeds of cheques or other instruments deposited are not available for withdrawal until collected by the Bank. The Bank reserves the right to debit any account that may have been exceptionally credited with an item subsequently unpaid on collection. The Bank may refuse to accept for the collection cheques drawn in favor of third parties or if the payee’s name is not identical to my name on the Bank’s record. The Bank will not accept for credit to the account any cheques or drafts in favor of a third party crossed or denoted ‘’A/C Payee” (or any words of similar effect). Any cancellation of any crossing or denoting as above shall be null and void.

10. All cheques and other instruments should be crossed before they are deposited for crediting in the account.

11. The Bank shall not be responsible for the delay and/or loss in transit of any cheque/instrument, nor for any act, omission, neglect, loss of profit, default, failure or insolvency of any correspondent bank, agent or sub-agent, or for any reason beyond the control of the Bank. In case of delay or loss in transit, the Bank will follow-up with the concerned for swift resolution.

12. The Bank shall not pay post-dated, stale and defective cheques.

13. As per instruction of Bangladesh Bank on Positive Pay for clearing cheque, the account holder must inform the Bank in writing or through Contact Center or Internet banking after issuance of cheque for the amount one lac and above. Otherwise, the Bank may return the cheque if presented through automated clearing house at the risk and responsibility of the account hoIder.

14. The Bank shall have the right to reverse or recover any amounts transferred through erroneous transactions in any of the account, from such account, without prior notice/intimation to the Customer. The Customer shall refund the amount credited erroneously in their account to the bank, if withdrawn.

15. Withdrawals from the account shall be made by using cheque book/debit card supplied by the Bank at the request of the Customer or through any means/instruments acceptable to the Bank.

16. Customer will sign cheque as per his/her specimen signature provided to the Bank. Customer should inform the bank in writing beforehand, if he/she wants to bring any change in the specimen signature. Customer will use his/her specimen signature at the time of any written communication with the Bank.

•  The Bank reserves the right to issue cheque book. For issuance of any cheque book, the Bank will realize applicable charges. For a cheque book issued in my favor, I undertake to be responsible for its safe custody at all times and I shall immediately notify the Bank if this or any of the cheques contained therein, is lost or stolen.

•  I understand that the Bank may in its absolute discretion, accept any stop payment instruction (verbally followed by in writing) from me in cases where I have lost the relevant cheques or, in other circumstances in which it shall be allowed by law and agreed by the Bank. The Bank should accept any such instruction from me or from some other person purporting to be me, I do hereby undertake to indemnify the Bank against any loss, damage, cost (including any legal cost) or demand incurred by it as a result, or in connection therewith.

•  I will be liable for any overdraft or other facilities arising in connection with the account and I do hereby authorize the Bank to debit the account with all or any interest (including compound interest), commission and other banking charges, costs and expenses (including any legal costs) incurred in connection therewith at such rates as may be determined by the Bank from time to time in its absolute discretion. I will also pay to the Bank any such amount, in the manner and, at such times, as may be required by the Bank in its absolute discretion.

•  Any and all amounts credited to the above account while any overdraft or any other banking facilities in connection therewith is current shall firstly be applied by the Bank to reduce any charges, penal interest, interest, (including compound interest) payable until the interest is paid in full. Then and only then shall any such amount so credited be applied to reduce the principal amount or such overdraft or any other banking facilities.

•  The Bank shall always be entitled without notice to me to levy or impose all customary banking and other charges and expenses in respect of any of the above account or in respect of any other banking facilities provided to me by the Bank and to debit the relevant account in accordance with the Bank’s normal banking procedures. Such charges are not refundable upon termination of any or all of my accounts.

•  I authorize the Bank to accept for safekeeping, collection or for any other purpose, any securities or other property deposited with the Bank or received from me and to release or deliver or give up any of these against my written instructions.

•  I understand that any deposits or withdrawals in respect of any of the above account may be made at any of the Bank’s branches in Bangladesh subject to the production of evidence  identity satisfactory to the Bank and, to payment of any customary charges that may be levied by the Bank in this regard from time to time in this connection.

•  The rate of any interest payable on any account may be displayed by the Bank at its various branches in Bangladesh or the bank’s official website and further, I accept that this may be subject to change without sending notice to me, interest on any account will accrue in arrears from day to day in or, as otherwise determined by the Bank (in its absolute discretion), and be credited by the Bank to the relevant account.

•  I understand that the Bank will send or deliver balance confirmation letter/statement of account to me at least half yearly or in other intervals as may be agreed between the Bank and me, from time to time and I agree that I am solely responsible for promptly examining all itinerates thereon and that I must give the Bank written notice within 14 days of the date of the relevant statement of any discrepancy that I believe no difference exists between any such statement and my own records. In the absence of any such notice from me, I shall be deemed to have agreed and certified conclusively (for all purposes) the correctness of the relevant statement of account.

• I authorize the Bank to respond, if it shall so choose, to any and all enquiries received from any other banks concerning the above account without referencing to me. For the avoidance of doubt any such response may include a bank reference.

• I understand that I may close off the above account by giving prior written notice to the Bank. The Bank may, however, either, at its own instance or, at the instance of any court or administrative order, or otherwise close, freeze or suspend dealings on any/all of the above account(s) without prior notice to me or without being liable for and breach of duty it may owe to me.

• In relation to any dealings to any of the above account, the Bank shall not be liable for any loss resulting from my death, incapacity or bankruptcy (or any other analogous event or proceeding) unless and until the Bank has received written notice of any such event together with such documentary evidence as the Bank may require. Further, the Bank shall not be liable to me for any loss, damage or delay attributable in whole or part to the action of any government or government agency or any other event outside the Bank’s control (including without supplies) provided that the Bank shall in each case endeavor to give notice generally to its Customer or any anticipated delays due to any of the above events by notice in its branches or otherwise.

• The Customer has to inform the Bank immediately, if any change occurs in the address of the account holder. Bank generally communicates with the account holder through postal/courier service. Bank will not be held responsible, if no letters/documents are delivered in time or not at all through postal/courier service.

• The Customer shall be solely responsible for ensuring the accuracy and completeness of Customer instructions. The Bank shall not be responsible for the consequences of any Customer instructions being incomplete, garbled or inaccurate.

• Any Current account will be considered as ‘Inoperative Account’ if there is no customer initiated transaction or no acknowledgement of receiving statement/request for statement by customer in last 6 months. Such “Inoperative Account” will be considered as “Dormant” after minimum 06 months.

• I agree that the account would be treated as a ‘Dormant’ Account & will be blocked for any Debit transaction for Account safety by the Bank. I agree that the account status would change to ‘Active’ only on my written instruction in this regard by me at any MTB branch. I understand that until the account status is ‘Dormant’, transactions through Banking Channels like ATM, POS, Internet Banking, Mobile App, etc. may not be allowed by the Bank.

1. (As per Clause 35 of Banking Company Act 1991) Account will be transferred to Unclaimed account status after 10 (ten) years if there has been no transaction in the said account by the customer.

2. The Bank will not execute any customer transaction over phone, fax and e-mail (unless standard indemnity arrangements are already in place).

3. The Bank reserves the right to close any account having zero balance without transaction for three consecutive years.

4. I agree and undertake to ensure that there would be sufficient funds/cleared balance/prearranged credit facilities in my account for effecting transactions.

5. I agree that the Bank will send me communications/letters etc. through courier/messenger/mail or through any other mode at its discretion and the Bank shall not be liable for any delay arising there from due to lost in mail/post/undelivered. Documents sent by electronic means will contain all the information as printed hard copy version with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an email, an attachment to an email, or in the form of provision of a link to the Website sent through SMS from which a document could be downloaded. The Bank will be deemed to have fulfilled its legal obligation to deliver to the user any document if such document is sent via electronic means. 

Automated Teller Machine (“ATM”)/Point of Sale (“POS”)/Debit Card (the “Card”)

6. The Bank may, in its absolute discretion, issue card to me: A card is the property of the Bank and I will surrender it unconditionally at the time of closing my account or upon demand by the Bank at any time.

7. I will immediately notify the Bank of the loss, theft of a card or of unauthorized use of a card or of unauthorized acquisition of the Personal Identification Number (PIN) relating to it and shall accept full responsibility for all ATM/Point of Sale (POS) transactions effected by use of a card until such time as the Bank confirms to me that it has received this notice.

8. The Bank’s record of all ATM/POS transactions effected by use of a card will be conclusive and binding on me for all purposes. The amount stated on the ATM screen or printed on ATM screen or printed on ATM Inquiry Slip shall not be taken as conclusive proof of the statement of my account with the Bank.

9. I will indemnify the Bank and keep it indemnified for any loss, damage, costs (including legal costs) claims or demands arising in connection with the use, loss or theft or unauthorized use of any debit card issued to me or, resulting from any malfunction, mechanical defect or insufficiency of funds in the ATM.

10. I understand that for the protection of Customer and the Bank, all deposit envelopes will be opened in the presence of 02 (Two) Bank officials. I also understand that cash deposited will be created to the account by the next working day, and my account will be credited subject to realization. I further understand that instructions will be acted upon by the next working day. All deposits are accepted subject to verification by the Bank. The Bank’s verification will be considered correct and will be deemed to be the amount deposited by me. If any fake, mutilated, torn note(s) is/are found in the said Deposit Envelope, I undertake to bear all legal risks associated with such note(s).

11. The card may be used for payment of electricity, telephone and other utility bills in accordance with the details given on the account opening form in any other manner and I undertake to notify the Bank immediately of any change. The Bank will act as an intermediary only in transferring funds from the account in settlement of the said bills. The Bank shall not respond to, and shall not be a party to, any dispute regarding the correctness of the bills, or regarding the electricity, telephone or other utility service. The Bank shall not be liable for and I hereby irrevocably release the Bank from any liability for excess, insufficient, late or incorrect payment of the said bills or any consequence thereof (including, but not limited to termination of service) or any other loss, damage, claims or proceedings that may arise as a result of the payment of such bills by this method. In particular, the Bank shall have no liability arising from misuse of the Card, malfunctioning of the ATM/POS or otherwise whatsoever and whether similar to the foregoing or not.

12. The use of the local debit card is confined to the territory of Bangladesh only and international debit card may be used anywhere in the world subject to applicable procedures and charges. Use of the local debit card outside Bangladesh shall make the card liable for immediate cancellation and any other appropriate action as stipulated by Bangladesh Bank or other regulatory body. The card holder will also be liable to clear all outstanding without prejudice to any right, remedy or action against him/her, by Bangladesh Bank, the Bank, court or any regulatory agency. For cash change, I agree to pay the applicable charges and/or duty.

13. The Bank shall be under no liability whatsoever to the card holder in respect of any loss or damage arising directly or indirectly out of refusal of any merchant member institution of Visa Card/MasterCard/Union Pay to honor or accept the card or for any defect or deficiency in the goods or services supplied to the card holder by any merchant where applicable, for any breach or non-performance by a merchant of a card transaction. Customer’s international debit card transactions denominated in a currency other than US Dollars will be subject to charge over the exchange rate by Visa/MasterCard/Union Pay.

14. Fees and charges may be determined periodically by the Bank without prior notice to the card holder.

15. Undelivered debit card will be retained by the Bank for, up to 90 days. Thereafter, those will be destroyed by the Bank for non-collection by the account holder and charge may be applicable as per schedule of charges. 

Closure of Account 

When an account is closed either by the constituents or by the Bank, the account holder is required to return all the unused cheque leaves and cards, if any, to the Bank. Charges as per the Bank’s prevailing schedule will be recovered from account holder, who opts to close an account.

Cheque Books

Charges as per the Bank’s prevailing Schedule of Charges will be recovered for recording any stop payment(s), return of cheque(s), destruction of undelivered cheque books, etc. The Bank reserves the right to dishonor- cheque(s) on reasonable ground. In the event of a cheque being returned, the Bank may realize a penalty charge for each presentation and return. Undelivered cheque book(s) will be retained by the Bank for, up to 90 days. Thereafter, those will be destroyed by the Bank for non-collection by the account holder and charge will be applicable as per schedule of charges. The customer should comply with the conditions as printed on the inside of the front cover of the issued cheque book.

The customer must at all times exercise due care to prevent cheques from being altered or forged in a manner which may facilitate fraud. In such events, the Bank is not responsible for any loss suffered by the customer or any other person. Any loss or misuse of the cheques must be immediately reported to the Bank and confirmed in writing without any delay.

Internet Banking

Customer must carry out online registration from MTB Website/Smart Banking App for availing the Bank’s Internet Banking Services. If the customer registers for view only access, then system will not allow transaction. The Customer agrees to be bound by the MTB Terms and Conditions governing account and all services including Internet Banking. The account/card holder is solely responsible to ensure secrecy of password of internet banking, and OTP (one-time password) delivered to mobile phone/e-mail to maintain the confidentiality of his/her financial information.

Online Banking

In respect of online encashment of a cheque, payment made to the bearer of the cheque shall be fully binding on Customer and shall not be questioned or disputed for any reason whatsoever.

e-Statement

The Bank does not guarantee that integrity of the email has been maintained and that communication will be free of viruses, interceptions or interference. Although, the Bank will take reasonable precautions to ensure that no viruses will be present in the e-mail, the Bank cannot accept the responsibility for any loss and damages arising from any use of the email or attachments.

SMS Banking

• The Bank will use its prescribed number to send transaction/financial information related to Customer’s account.

• For PULL service, the account/card holder will be able to obtain a range of financial information related to account by typing a pre-defined keyword with a Personal Identification Number (PIN) as a message in the mobile phone and then sending this message to a prescribed SMS short code or a regular mobile number. For this service, regular SMS charges of the respective mobile phone operator will be applied. 

• The account/card holder is solely responsible to ensure the possession of the mobile phone/connection assigned to SMS Banking Service to maintain the confidentiality of his/her financial information. If the mobile phone/connection is lost, stolen or sold to another individual, the account/card holder shall immediately notify the Bank of the incident and cancel the service. 

• The account/card holder hereby agrees the Bank/mobile phone operator shall not be responsible for any disruption in SMS Banking Service due to any technical failure on the part of the Bank/mobile phone operator. The service shall remain effective until otherwise advised in writing by the account/card holder, which should reach the Bank at least one week before the next statement is due.

Contact Center

• I do hereby authorize the Bank (in its absolute discretion) to follow/act on my verbal or telephonic instructions (including any email instructions) required by or, given by me, in relation to these terms and conditions unless these terms and conditions otherwise expressly state to the contrary.

• I shall not reveal my Telephone Identification Number (TPIN) to anyone. The Bank shall not remain liable for any loss incurred for my failure to protect the TPIN. My verbal instruction(s), identified by my correct bank account No. and TPIN shall be deemed to be proper. Accordingly, the Bank shall be entitled to rely on any such instructions. Should the Bank accept any such instruction from me, or from some other person purporting to be me, I do hereby agree to indemnify the Bank against any loss, damages, costs (including legal costs), or demands incurred by the Bank as a result or, in connection therewith.

• The Bank may in its absolute discretion require that written confirmation of my verbal instruction(s) be received by it within such period as the Bank may specify.

• Where any/all of the above account are opened by more than one person, any such one person shall be entitled to give any such verbal instructions and the Bank shall be entitled to rely upon such instructions.

Responsibilities in relation to Information Security

I agree to read, understand and comply with Bank’s provided User Guides, Information Security Procedures, and guideline, email / SMS notification, circulars, any technical or functional specifications that they are adequate to protect my interests.

I would take reasonable steps to detect, prevent, remove and remedy any unauthorized access in my device to protect the banking channel from malware

I acknowledge that it is my duty to immediately report any: (i) actual or potential Loss suffered by me in connection with the Banking Channel; (ii) loss or actual or attempted, theft, misuse or unauthorized use of any Bank provided electronic devices, Electronic Keys, Digital Certificates, Client IDs and Credentials, including failure to comply with User Guides, Information Security Procedures or other specifications. I also acknowledge to help the Bank with my reasonable requests to resolve such problems;

I understand and agree not to use any jail broken or rooted portable device for using Mobile Banking Applications provided by the Bank, and I will not use any intercepting application to capture data of Banking Channel.

Third Party Service Providers

• Arrangements with third party service providers

– The Bank may engage third party service for Information Audit and/ or Information Security Assessment in connection with an Account or in providing me with a Service. Provision of such service will be dependent on and subject to the performance of such audit and/ or assessments. The Bank may disclose information relating to me to such auditors and/ or assessors. If I ask, the Bank will, to the extent permissible, give me details of such arrangements.

• Liability on information security assessments

– The Bank will not be liable for the performance or any act or omission of any such service provider or any of their employees or agents, including any fraud, misconduct, negligence or insolvency on the part of any of them.

• Liability of the Bank

– I will be liable to the Bank and will indemnify the Bank on demand against any Loss arising from or incurred by Bank engaging any third party service provider in connection with an Account or in providing me with a Service.

Nominee

• The account holder for each account can appoint nominee as per section 103 of the Bank Companies Act, 1991 (as amended up to date).

• Nomination will be cancelled if the nominee dies in the lifetime of the account holder. The account holder in such cases will advise the Bank in writing for new nominee.

• The account holder, with written instruction, may change the nominee any time. In the event of the death of account holder, his/her nominee will not be allowed to continue the account and the amount deposited prior to the death of the account holder shall be paid to the nominee after proper identification and upon obtaining such document(s) as the Bank may require. 

• Account holder can name and authorize any competent individual to represent the nominee, so that such person can withdraw money from the account of the account holder on behalf of nominee in case nominee is a minor at the time of death of the account holder and the Bank shall be discharged from its liability upon making payment to such person.

• In case where there is/are no nominee, Succession Certificate from the appropriate court will be required for releasing the balance amount after the death of the account holder. 

Set-off and Consolidation Rights

• The Bank may at any time and from time to time without notice, combine all or any of my account and liabilities with it, in Bangladesh or elsewhere, whether singly or jointly, with any other person or set-off all or any money standing to the credit of such account including my deposits with the Bank (whether matured or not) towards satisfaction of any of my liabilities to the Bank in Bangladesh or elsewhere, whether as principal or actual or contingent, primary or collateral, singly or jointly, with any other person, and the Bank may effect any necessary currency conversion, at the Bank’s prevailing rate of exchange. 

Confidentiality 

• Whilst the Bank maintains strict confidentiality in all matters relating to my account and business, I hereby authorize the Bank (and/or any of its officers or employees) to disclose any information concerning me, my business, my account held with the Bank or another group member, or my relationship with the Bank or another group member, to any of the following:

o Any office or branch of the Bank or another group member.

o Any agent, contractor or third party service provider, or any professional, technical adviser of the Bank or another group member.

o Any regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over the Bank or another Group Member.

o Any person to whom the Bank is required or authorized by court order to make such disclosure.

o Any person who is under a duty of confidentiality to the Bank.

o Any bank or financial institution with which I have or propose to have dealings; regardless of whether the recipient in each case is located in Bangladesh or in another country, and regardless of whether such information will, following disclosure, be held, processed, used or disclosed by such recipient in Bangladesh or another country.

Indemnity

• I also agree to fully indemnify the Bank against all costs and expenses (including legal costs) arising in any way in connection with the account these terms and conditions or, in enforcing these terms and conditions and in recovering of any amount due to the Bank or incurred by the Bank in any legal proceedings of whatever nature. 

Stop Payment Instructions

• To indemnify the Bank fully against any loss, costs, damages and expenses resulting from non-payment of the stopped cheque(s).

• Not to hold the Bank responsible in any matter for making payment(s) due to break down of system or any circumstances beyond control of the Bank, or through misdescription of the cheque(s), provided usual procedures for handling stop payment instruction is to be complied with.

• To notify the Bank promptly in writing if the said cheque(s) is/are recovered or known to have been destroyed or if for any other reason this stop payment order may have cancelled. 

Waiver

• No forbearance, negligence or waiver by the Bank in the enforcement of any of these terms and conditions shall prejudice the Bank’s right thereafter to strictly enforce the same. No waiver by the Bank shall be effective unless it is in writing.

Variations

• The Bank in its sole discretion may amend these terms and conditions at any time. If I use any banking service and facility after the effective date of the amendment, I shall be deemed to have received notice of the amendment and to have decided to continue to use the banking service and facilities upon the revised terms and conditions to be informed to me by the Bank. I further acknowledge that in the event of any changes being communicated to me, the Bank is not obliged to obtain my signature for receipt of such communication.

Notices

• Save as otherwise provided in these terms and conditions, and demand of communication made by the Bank under these terms and conditions shall be in writing and made at the address given by me (or such other address as I shall notify the Bank from time to time) and, if posted, shall be deemed to have been served on me on the date of posting whether actually received by me or not.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh. Any dispute(s) relating to the terms and conditions of this T&C or performance under this T&C shall be settled amicably between us within 30 (thirty) Days’ of receipt of written notice of such dispute. In the event of failure to settle, either party may refer the matter to Bangladesh International Arbitration Centre (BIAC) for settlement through mediation in accordance with BIAC Mediation Rules as under Arbitration Act, 2001. If a settlement cannot be reached within sixty (60) days following the appointment of the Mediator(s), such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 2001 of Bangladesh. All arbitration proceedings shall be conducted in the Bangla/English language and the place of arbitration shall be Dhaka, Bangladesh. The decision of the Tribunal shall be regarded as final and binding on both the Parties to this Agreement. Each Party shall bear its own costs, charges and fees of such arbitration unless otherwise directed by the arbitral tribunal.

Force Majeure

• The Bank shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Bank to perform any of its obligations under these Terms and Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

• “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Bank, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication, etc.

Terms & Conditions for MTB PRA Account

MTB reserves the right to amend, add, delete, upgrade, expand, and change the existing terms and conditions at any time in any manner without giving any prior notice to the User.

While applying for this product, I am agreeing to comply with and be bound by all TERMS AND CONDITIONS FOR MTB PRA ACCOUNT. If I do not wish to be bound by these Terms and Conditions, I will not be able to access or use the functionality of this product. If I use the platform in a manner inconsistent with these Terms of Use, MTB may block my access to the platform or suspend my account and/or take any other necessary steps it deems fit and as the circumstances of my misuse requires.

Please read and accept the following Terms and Conditions carefully before submitting the account opening application through this platform.

1. I will be solely responsible for the activities done through this platform and it will be considered that I am using this platform by myself. I can use this platform only for personal purpose and any business activity using this platform is strictly prohibited.

2. The User acknowledges and agrees to the following terms:

▪ The User agrees not to use this platform for any commercial purpose and/or any other use that goes against the law and/or good morals.

▪ The User agrees not to send or distribute virus programs or any other program that is designed to obstruct, devastate or damage this platform.

3. The User also acknowledges to avoid the following activities while using the platform:

▪ Uploading any fake document

▪ Taking/ uploading fake or indecent photograph

▪ Providing misleading or false information

4. The mobile number that I provide for account opening must be active and stay in my possession as we may request information for verification purpose by contacting me over the mobile phone.

5. My voice and conversation with MTB over the mobile phone may be recorded for future reference.

6. By using the platform, I represent and warrant that:

▪ All the information provided by me is true and accurate.

▪ I will use the platform only for the purpose for which it is intended to be used;

▪ I will not try to harm the service and/or the platform in any way whatsoever

7. I shall not reverse engineer or access the platform in order to build a competitive product or

Service,

8. All contents included on this platform including but not limited to its code, UX design, texts, graphics, logos, button icons, images, digital download, data compilations, and software, are the property of MTB and protected by the local laws as well as International Copyright Laws.

9. The service and the platform may be subject to limitations, delays, and other problems inherent in the use of the internet including the Device used by me. MTB is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

10. I agree that MTB may use my personal data to identify me. For the purposes of this Agreement, “personal data” means information about me and any documents from which I am identifiable, which I have provided to MTB.

11. MTB will maintain strict confidentiality of my information provided to MTB. I acknowledge that MTB shall have the right to monitor my account usage, and may disclose personal information to any of the following:

▪ Any regulatory, supervisory or government authority having jurisdiction over MTB

▪ Any organization, service provider or financial institution for the purposes of carrying out permissible functions and activities of MTB

▪ Any person/Entity to whom MTB is required or authorized by law or a court of law to disclose such information

12. MTB may access to the camera, photos, GPS location of my Device for providing services and/or features offered by MTB Easy Account.

13. By agreeing to the Terms and Conditions and upon using the platform, I agree that I shall defend, indemnify and hold MTB harmless from and against any and all claims, costs, damage, losses, liabilities and expenses arising out of or in connection with my violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein, or my use or misuse of the platform.

14. I may not permit or aid others to translate, reverse engineer, decompile, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the platform, or extract or attempt to extract source code from the platform. Upon identification of such attempt or use of my identity to attempt such act may result in legal action from MTB.

15. MTB shall take all reasonable measures to ensure the security of the platform. However, due to the virtual nature of technology, a security risk exists. I acknowledge the existence of such security risk involved in the use of the platform. MTB assumes no liability for any fraudulent transaction/ activity performed due to the User’s negligence or for a circumstance that is beyond the reasonable control of MTB.

Special Notes:

Customer who will be on-boarded through e-KYC, will be allowed to keep the account balance (PRA) within BDT 10,00,000 at any time and the transaction must be within BDT 10,00,000 in a month Bank shall have right to restrict customer initiated transaction, where transaction or account balance exceeds BDT 10,00,000 in a month. In such cases, customer have the option to convert to regular PRA/appropriate business AC by giving additional information and documents to the respective branch physically.

Acceptance of Terms and Conditions

I do hereby declare that I have read and fully understood all the terms and conditions contained hereinabove and do hereby accept and agree to all the terms and conditions.