Get your account Online

Contact Homepage Favorite Links Online banking



Register: Step 1 of 4
AFRIBANK SA ELECTRONIC CHANNEL BANKING
INDIVIDUAL APPLICATION
TERMS AND CONDITIONS APPLICABLE TO ELECTRONIC CHANNEL BANKING INDIVIDUAL APPLICATION
1. DEFINITIONS
In these Terms and Conditions the following words will have the following meanings:
1.1Access Channel means the Electronic Channel banking service provided by the Bank, and includes the following services:
1.1.1obtaining information relating to the Account, including transactions and standing instructions;
1.1.2transferring funds;
1.1.3paying accounts;
1.1.4making own defined payments where the Customer provides the beneficiary’s details;
1.1.5requesting from the Bank statements and replies to enquiries which relate to the Account;
1.1.6creating stop orders; and
1.1.7using any other service, which may be available through the Access Channel.
1.2Account means any account held in the name of the Customer together with any accounts in respect of which the Customer holds a Valid Mandate.
1.3Bank means Absa Bank Limited registration number 1987/004768/04.
1.4Billing Account means the Customer’s nominated account used for the purpose of debiting the fees payable in terms of this agreement.
1.5Channel means the Internet or Cellular network.
1.6Commencement Date means the date of submitting or signing the application for registration, whichever occurs first.
1.7Customer means the person who has registered for Electronic Channel banking.
1.8Electronic Channel banking includes Internet Banking and Cellphone Banking.
1.9Main User/s means any person/s authorised or deemed to be authorised by the Customer to use the Access Channel.
1.10Password means 6(six) to 12 (twelve) alphanumeric (both letters and numbers) characters chosen by the Customer or Main User, as the case may be, used as additional security and authentication during the access procedure.
1.11PIN means 4 (four) to 5 (five) numeric digits (Personal Identification Number), chosen by the Customer or Main User and used as a security and authentication measure during access procedures.
1.12Reminder Notice means a reminder by the Bank to the Customer to make payments to third parties, if the Customer selects such service as offered through the Access Channel.
1.13User number means the number assigned to the Customer or Main User upon successful registration to the Access Channel and should be used to access the Access Channel in conjunction with the PIN and access Account number.
1.14Valid Mandate means an instruction given to the Bank by a third party authorising the Customer to act on behalf of the third party.
2. USE OF THE ACCESS CHANNEL SUBJECT TO CONDITIONS
2.1The use of the Access Channel is provided subject to these Terms and Conditions. The Customer acknowledges that the Access Channel will enable the Customer to access facilities (e.g. overdraft facilities), Accounts and products offered by the Bank, and that such facilities, Accounts or products will be governed by separate Terms and Conditions.
2.2The Bank may vary these Terms and Conditions by giving reasonable notice of such amendments to the Customer, by posting a notification of amendment on the website.
2.3A certificate signed by the administrator responsible for maintaining this website will be accepted as sufficient proof of the date of publication and content of the current version and all previous versions of the Terms and Conditions and will be regarded as correct, unless the Customer proves otherwise.
3. INTERNET
3.1Should the Customer obtain access to the Access Channel via the Internet the Customer must register with an Internet Service Provider before the Commencement date.
3.2The Customer will be solely responsible for the acquisition, installation and maintenance of the connection to the Internet and any related costs or expenses will be borne by the Customer.
3.3Should the Internet software and hardware requirements be modified with a view to improving or upgrading the Internet and/or the Access Channel, the resultant cost of any hardware, software or Internet connection required for use of the system will be for the Customer’s own account.
3.4In the event that the Customer experiences problems with the Internet and the Internet connection, it is the Customer’s responsibility to liaise with the Internet Service Provider prior to contacting the Bank.
3.5All information on this website is only intended to provide the Customer with general information about the Bank, Bank products and services and the Bank will not be liable for information which is not accurate or up to date.
4. CELLPHONE REQUIREMENTS
4.1The Customer must obtain access to the Access Channel via the Cellphone Service Provider. For this purpose, the Customer must, where applicable, register with a Cellphone Service Provider, before the Commencement Date.
4.2The Customer will be solely responsible for obtaining of the prescribed Cellphone and the connection to the Cellphone Service Provider and any related costs or expenses will be borne by the Customer.
4.3Should the Cellphone requirements be modified with a view to improving or upgrading the Cellphone Banking, the resultant costs of any new Cellphone or Service provider connection required so as to use the Access Channel will be for the Customer’s own account.
4.4Cellphone Banking can only be conducted with a specific SIM Card and Cellphone. The cost incurred in obtaining the required Cellphone or SIM Card will be for the Customer’s own account.
4.5In the event that the Customer experiences problems with the Cellphone and/or the Cellular network, it is the Customer’s responsibility to liaise with the Cellphone Service Provider prior to contacting the Bank.
5. OPERATION OF THE ACCOUNT
5.1The Access Channel will be available at all times, subject to the availability of the Access Channel connection and to any periods required for necessary maintenance of the Access Channel or the Account.
5.2The Customer authorises the Bank to carry out any and all instructions given via the Access Channel, including the debiting of and transfer of funds from the Account and the furnishing of information on the Account, provided that the instructions are authenticated by the use of:
5.2.1the PIN and/or Password;
5.2.2any other procedures which may be agreed to in writing between the Customer and the Bank.
5.3The Customer accepts the financial limits imposed on transfer of funds, which limits may be altered at any time as agreed between the Customer and the Bank.
5.4The provision of the Access Channel will not entitle the Customer to overdraw the Account if borrowing arrangements have not been made with the Bank, or to overdraw in excess of any borrowing limit agreed by the Bank.
5.5The Customer may not use the Access Channel to collect debts of any nature from other parties. If the Customer uses the Access Channel as a debt collecting mechanism, the Bank is entitled, at its discretion, to immediately terminate the Access Channel.
5.6The Customer acknowledges that an instruction to purchase pre-paid products cannot be revoked once the Bank has sent the instruction, as the Bank merely acts as the intermediary between the Customer and the service provider.
6. DUTIES OF THE CUSTOMER
6.1The Customer must keep its PIN, Password and User number secret. The Customer must not disclose the PIN, Password or User number, thereby giving access to any unauthorised person.
6.2The Customer must take all reasonable precautions to prevent unauthorized use of the Access Channel and unauthorised access to the Account.
6.3If the Customer suspects that the PIN, Password or User number has become known to someone else, the Customer must immediately notify the Bank and immediately change the PIN or Password.
6.4The Customer must provide the correct account number as well as the correct branch clearing code, where required, of all beneficiaries when instructing the Bank to make payments, pay accounts and to transfer funds to such beneficiaries. The Bank does not at any stage verify an account number and branch clearing code against the name of a beneficiary.
7. UNAUTHORISED USE OF THE PIN AND PASSWORD
 If any unauthorised person obtains the PIN, Password or User number in any manner whatsoever, such a person will be regarded as the Customer’s duly authorised agent with full authority to use the Access Channel on the Customer’s behalf, unless the Customer is able to prove that the person has obtained the PIN, Password or User number due to the Bank’s negligence or due to internal fraud in the Bank.
8. THE MAIN USER
8.1The Customer must provide the Bank with the necessary written authorizations in terms of which the Main Users are authorised to use the Access Channel.
8.2The Customer is entitled to appoint new Main Users by providing the Bank with amended written authorisations from time to time.
8.3It is the Customer’s responsibility to control and restrict access to the Access Channel. The Bank will supply the Customer with the means to register access PINs for each Main User. All nominated Main Users, accompanied by the Customer, will need to call on the branch, identify themselves and select an individual PIN. The nominated Main User may change this PIN at any time, but is entirely responsible for the secrecy of the PIN.
8.4The Customer may revoke a Main User’s access to the Access Channel at any time by giving the Bank written notice of the revocation.
9. LIABILITY FOR LOSS OR DAMAGE
9.1The Customer acknowledges that the use of the Access Channel and the Account is at the Customer’s own risk.
9.2The Customer acknowledges that the Bank relies solely on the account number and the branch code of a beneficiary provided by the Customer, when receiving any instructions from the Customer to make a payment, to pay accounts or to transfer funds. The Bank is not obliged to determine whether the name of the beneficiary and the account number and branch clearing code of such a beneficiary refer to the same person.
9.3The Bank will not be responsible for any damage, loss or consequential damage which the Customer may suffer as a result of:
9.3.1any malfunction or defect in the hardware used by the Customer (which includes the personal computer or cellphone);
9.3.2any defect in the software used by the Customer to gain access to the Access Channel;
9.3.3any act or omission by the Internet or Cellphone Service Provider or any defect in the Access Channel or any other medium by which access is gained to the system;
9.3.4the Access Channel being off-line or unavailable;
9.3.5any industrial action;
9.3.6any other circumstances not reasonably within the Bank’s control;
9.3.7erroneous, unauthorized, incomplete, or unlawful instructions from the Customer;
9.3.8unlawful or unauthorised access by another person(s);
9.3.9the Bank’s failure to send Reminder Notices; and
9.3.10incorrect or late execution or non-payment of any instruction given by the Customer, due to the circumstances set out in 9.3.1 to 9.3.9 above.
10. INDEMNITY AND WARRANTY BY THE CUSTOMER
10.1The Customer indemnifies the Bank against any damage, loss and/or consequential damage that the Bank may suffer as a result of incorrect, wrong, unauthorised and/or wrongful instructions or information given by the Customer or any other person authorised or deemed to be authorised to act on behalf of the Customer.
10.2The Customer warrants its authority to deal with the accounts of a third party on the basis of a Valid Mandate.
10.3The Customer hereby warrants to the Bank that the Customer has the required legal capacity to enter into and be bound by these Terms and Conditions.
11. RECORDING OF TELEPHONE CONVERSATIONS
 For the protection of both the Customer and the Bank and to maintain the highest level of service, Afribanksa may record telephone conversations between the Customer and the Bank’s staff in respect of the Access Channel.
12. FEES
12.1Any fees, costs, taxes, commission, and charges in respect of the Access Channel will be debited to the Customer’s Billing Account.
12.2The Bank may vary the charges, fees, costs, taxes, commission charges and levies in respect of the Access Channel by giving reasonable notice of such amendments to the Customer, by posting a notification of amendment on the website.
13. INTELLECTUAL PROPERTY
13.1The Bank retains all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or through this website.
13.2The Customer is authorised to view and download one copy of these Terms and Conditions to a local hard drive or disk, print and make copies of such printouts, provided that:
13.2.1the material is used for considering use of the Access Channel and for no other commercial purposes;
13.2.2any reproduction of the Bank's proprietary material from this website or portion of it, must include the Bank’s copyright notice in its entirety.
13.3The logos and trademarks shown on this website are the Bank’s registered and unregistered trademarks, or that of third parties.
13.4Nothing on this website should be construed as granting any license or right to use any trademark without the Bank’s prior written consent and/or the prior written consent of third parties, as the case may be. The Customer may not, without the Bank’s prior written consent, use the Bank’s intellectual property or the intellectual property of third parties for any purposes whatsoever.
13.5The Customer is prohibited from spoofing, linking and framing any part of the website.
14. TERMINATION, SUSPENSION OR WITHDRAWAL OF THE ACCESS CHANNEL
14.1The Customer may terminate the Access Channel by giving the Bank 30 (thirty) days' notice. Notice by the Customer to the Bank should be given via e-mail or any other communication tool.
14.2The Bank is entitled, at its discretion, to terminate the Access Channel at any time the Bank deems it necessary.
14.3In order to protect the Customer, the Bank and the banking systems, the Bank is entitled to immediately suspend or withdraw all or part of the Access Channel if:
14.3.1the Access Channel is being used contrary to the Terms and Conditions of this agreement;
14.3.2the Bank has reasonable grounds to believe that the Access Channel may be used negligently, illegally or fraudulently; or
14.3.3the Bank believes that the security of the systems used to provide the Access Channel may be compromised.
14.4In the event of the Access Channel not being utilised for a period of 6 (six) months or longer, the Bank reserves the right to terminate the Access Channel without prior notice. The Customer may reapply for the Access Channel at any time.
14.5The Customer is liable for all transactions and/or obligations (and related charges) which are incurred up to and including the date of termination.
15. CERTIFICATE OF INDEBTEDNESS
 Subject to clause 2.3, a certificate signed by any of the Bank’s managers (whose appointment need not be proved) will be sufficient proof of all matters (including the Customer’s indebtedness to the Bank, interest and the rate of interest) stated therein.
16. CONFIDENTIALITY OF INFORMATION AND SECURITY
16.1The Bank cannot be held responsible for the confidentiality of information contained in documents that are sent to the selected fax number or e-mail address, or for documents that do not reach the selected fax number or e-mail address.
16.2The Customer acknowledges that information transmitted through the Internet or any other communication system, including wireless communication system, is susceptible to unlawful access, distortion and monitoring and that the Customer uses the Access Channel at its own risk.
16.3The customer should comply with Absa security tips as published on the website from time to time.
17. USE OF THE FACILITY OUTSIDE SOUTH AFRICA
 When the Customer uses the Access Channel outside the South African monetary area, such use will be subject to certain exchange control regulations and it is the Customer’s duty to become aware of the contents of those regulations, and to comply with them.
18. CESSION AND DELEGATION
 The Customer may not cede or assign or otherwise make over or dispose of any of the Customer’s rights or obligations in terms of these Terms and Conditions without prior written consent of the Bank.
19. NO WAIVER
 If the Bank, for any reason or purpose, does not immediately enforce or implement any of the Bank’s rights in terms of these Terms and Conditions, it does not mean that the Bank has abandoned or waived any of those rights.
20. ADDRESSES AND E-MAIL COMMUNICATIONS
20.1The Customer’s physical address as provided by the Customer to the Bank is the address (domicilium citandi et executandi) which the Customer chooses as the address where any process of court may be served on the Customer (‘domicile address’). The Customer’s mail address (be it residential, postal or electronic) will be used to forward statements, notices or other communications.
20.2If the Customer moves to another physical address, changes the mail address or wish to give the Bank any notice, the Customer must inform the Bank in writing at the branch where the Customer’s Account is.
20.3Only physical addresses within the Republic of South Africa may be used.
20.4Notices given by the Bank will be regarded as having been received by the Customer:
20.4.1by prepaid post to the Customer’s mail address, 7 (seven) days after posting;
20.4.2by hand, on the date of delivery;
20.4.3by telefax, at the time of transmission;
20.5An e-mail message will be deemed to be sent:
20.5.1by the Customer, at the time at which the Bank is capable of accessing such message;
20.5.2by the Bank, at the time shown on the message as having been sent, or if not so shown, at the time shown on the Bank’s computer system as having been sent.
20.6An e-mail message is deemed to be received:
20.6.1by the Customer once it becomes capable of being retrieved by the Customer;
20.6.2by the Bank , once the Bank has confirmed receipt thereof to the Customer, or responded thereto, whichever is the earlier.
20.7An e-mail message shall be attributed:
20.7.1to the Customer, if it purports to have originated from the Customer, irrespective of the fact that someone else may have impersonated the Customer or whether the message sent to the Bank resulted from an error or malfunction in the communication system;
20.7.2to the Bank, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by the Bank and such system operated without error or malfunction.
21. CONSENT TO JURISDICTION
 The Customer hereby consents in terms of section 45 of the Magistrates’ Courts Act, 32 of 1944, that any legal proceedings, which have to do with this agreement, may be instituted in any magistrate’s court which (in terms of section 28 of the Magistrates’ Courts Act) has jurisdiction over the Customer.
22. LEGAL COSTS
22.1The Customer will be liable for all legal costs, which will include but not be
limited to:
22.1.1legal costs on the so-called attorney and client scale (that is all the disbursements made by the attorney briefed by the Bank, including all cost of any advocate instructed by him, as on brief, and the cost of the professional services rendered by the attorney to the Bank);
22.1.2collection charges and tracing fees; and
22.1.3Value-added Tax (VAT) thereon, which the Bank may incur in recovering or attempting to recover moneys which the Customer owes the Bank.
Version number: 04.07208.I
Date of publication: 3 May 2007