ERMS AND CONDITIONS
Electronic Banking
We confirm and agree that the following terms and conditions shall govern my/our electronic banking transactions with
the Bank. The following terms and conditions shall govern the banks e-Banking services.
1. Definitions
"Customers" means a customer of the bank who has or operates an account with the bank and is named in the
application form. Where two individuals are named, either or both of them are customers.
"The bank" means ProvidusBank Plc
"Card" means "ProvidusBank Plc Cash Plus Card issued to customers
"Card holders" means a customer who has been issued a ProvidusUnity Bank electronic card. The card is the property of the
Bank and will be returned unconditionally and immediately to the bank upon request by the Bank. "
"Service" means the ProvidusBank Plc internet Banking, SMS Alert, Automatic Tellering and other service delivery
channels.
"Access code, Pass code, Username and Password" means the enabling code with which you access the system for the
service and which is known to you only.
"Account" means a current or savings account or the other account maintained with the bank at any of the bank's
branches in Nigeria.
"PIN" means the Personal Identification Number.
"ATM" means Automated Teller Machine that dispenses cash to account holders via the use of debit/credit cards or
accept cash deposits.
"Cash Plus Card" means the card used by a customer for initiating transactions on the various electronic payment
channels e.g. ATM, POS, and Internet.
"Secure Messages Facility" means the facility within the e-Banking Service that enables the client to send electronic
messages ( e-mail, SMS) to the Bank, including and without limitation free format messages, or instructions to make
payments, request for cheque books, Bank drafts or the purchase or sale of securities and interests in mutual funds.
2. The service allows the customers to give the Bank instructions by use of:
a) Telephone, ATM, PIN, Password, Access code, Username and secure message (e-mail, SMS, internet banking) or the
following:
i. obtain information regarding customer's balances as at last date of business with the Bank.
ii. Obtain information with regards to any instrument in clearing or any balance standing in the customer's account as at
the last date of transaction on the customer's account.
iii. Authorise the Bank to debit customer's account to pay specified utility bills such as NITEL, PHCN, WATER RATE
and/or any other bills as specified by the customer subject however to availability of such bill payment under this
service.
iv. Authorise the bank to effect a transfer of funds from the customer's to any other accounts with the Bank.
v. Authorise the Bank to effect/stop payment order.
vi. Authorise the Bank to debit customer's account and load same into a designated card.
b) On receipt of instruction, the Bank will endeavor to carry out the customer’s instruction promptly, except in the event
of any unforeseen circumstances such as Act of God, Force Majeure and other causes beyond the Bank’s control.
3. Before the service can avail any customer, he/she must have anyone or a combination of the following.
i. an account with the blank & (ii) a valid email address
ii. A Pass code, Access code, Username, Password or token authentication.
iii. A Personal Identification Number "PIN"
iv. Valid GSM/ Landline Number.
4. The Pass code/Access code/Password/E-mail Security. The Customer understands that his/ her Pass code, Access
code/Password E-mail is used to give instructions to the bank and accordingly undertakes.
i. That under no circumstance shall the Pass code, Access code/Password be disclosed to anybody.
ii. Not to write the Pass code/ Access code/ Password in an open place in order to avoid third party access.
iii. The customer instructs and authorises the bank to comply with any instructions given to the bank or through the use
of the service.
iv. Once the Bank is instructed by means of the customer's Pass code/Access code and PIN the bank is entitled to
assume that those are the instructions given by the customer and to reply on same.
v. The customer's Pass code must be changed immediately it becomes known to someone else.
vi. The Bank is exempted from any form of liability whatsoever for complying with any or all instruction(s) given by
means of the customer's Pass code/ Access code if by any means the Pass/Access code becomes known to a third party.
vii. Where a customer notifies the bank of his intention to change his Pass code/Access code arising from loss of
memory of same, or that has come to the notice of a third party, the bank shall, with the consent of the customer,
delete same and thereafter allow the customer to enter a new Pass code/Access code PROVIDED that the Bank shall
not be responsible for any loss that occurs between the period of such loss that occurs between the period of such
loss of memory of the Pass/Access code or knowledge of third party and the time the report is lodged with the Bank.
viii. Once a customer's Pass code/ Access code is given, it shall be sufficient confirmation of the authenticity of the
instruction given.
ix. The customer shall be responsible for any instruction given by means of the customer's Pass code/Access code.
Accordingly, the bank shall not be responsible for any means of the customer's Pass code/Access code.
5. Customer's Responsibilities.
i. The Customer undertakes to be absolutely responsible for safeguarding his user name, Access code/ Pass code, PIN,
Password, and under no circumstance shall the customer disclose any or all of these to any person.
ii. The bank is expressly exempted from any liability arising from unauthorised access to the customer's account and/or
data as contained in the bank's records via the service, which arises as a result of inability and/or otherwise of the
customer to safeguard his PIN, Pass code/Access code and/or password and/or failure to log out of the system
completely by allowing on screen display of his account information.
iii. The bank is further relieved of any liability regards breach of duty of secrecy arising out of customer's inability to
scrupulously observe and implement the provisions of clause 4 above, and/or instances of breach of such duty by
hackers and other authorised access to the customer's account via the service.
6. Under no circumstances will the bank be liable for any damages, including without limitation direct or indirect, special
or consequential damages, losses or expenses arising in connection with the service or use thereof or inability to use by
any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation,
transmission, computer virus or line of system failure, even if the bank or its representatives thereof are advised of the
possibility of such damages, losses or hyperlink to the other internet resources are at the customer's risk or line of
system failure, even if the Bank or representatives thereof are advised of the possibility of such damages, losses or
hyperlink to other internet resources are at the customer's risk.
7. Copyright in the cards and other proprietary information relating to the service including the screens displaying the
pages and in the information and material therein and agreement, is owned by the Bank.
8. For the benefit and security of our customers and to comply with applicable laws, we have a few mandatory guidelines
that we call “rules of the road". Conduct that violates the rules of the road’s grounds for termination of this services and
the bank for whatsoever reason vary these terms and conditions. For this reason, the customer undertakes to: grounds
for termination of this services and the Bank for whatsoever reason vary these terms and conditions. For this reason, the
customer undertakes to:
i. provide accurate information. Agree to provide true, accurate and complete
ii. Information about yourself as requested in our registration/ account opening forms and the customer agree not to
misrepresent his/her identity or information, which may include user names. Password or other access devices for such
accounts.
iii. Obey the law, Customer agrees not to use the service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or
obscene, or that infringe the right of others.
iv. Restrictions on commercial use or resale, Customer's right to use the service is personal therefore customer agrees
not to assign or make any commercial use of this service.
v. proprietary rights. The customer acknowledges, and agrees that the bank own all rights to information relating to the
service including their website and the content displayed on the site. The customer is only permitted to use this
content as expressly authorised by the service. Customer may not copy, reproduce, distribute, or create derivative work
from this content. A violation of any of the rules (i-iv) is a ground for discontinuation of the service with the bank.
9. The Bank shall not be responsible for any electronic virus that the customer may encounter in course of making use
of these services rules of the Road.
Disclaimer of warranties.
10. The customer expressly understands and agrees that the use of the service is at his own sole risk. The service is
provided on an as is "available" basis. The Bank expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
11. The Bank makes no warranty that
i. The service will meet customer's requirements.
ii. The service will be uninterrupted, timely, secure, or error free.
iii. The results that may be obtained from the use of the service will be accurate or reliable
iv. The quality of any products, services, information or other material purchased or obtained by the customer through
the service will meet your expectations.
v. any errors in the technology will be corrected.
12. Any material downloaded or otherwise obtained through the use of the service is not responsible for any damages to
customer's computer system or loss of data that result from the download of any such material. No advice or
information, whether oral or written, obtained from customer from us or through or from the service will create any
warranty not expressly stated in these terms.
13. Customer agrees that the bank will not be liable for any liability. Whether direct, indirect incidental, special,
consequential or exemplary damages, including but not limited to damages for the loss of profits, goodwill, use or other
intangible losses, even if we have been advised of the possibility of such damages, resulting from.
i. The use or the inability to use the service
ii. The cost of getting substitute goods and services resulting from any products, data, information or services purchased
or obtained or messages received or transaction entered into through or from the service.
iii. Unauthorised access to or alteration of transmission of data,
iv. Statements or conduct of anyone on the service, or
v. any other matter relating to the service.
14. Indemnification, except when caused by the bank's intentional misconduct or gross negligence, customer agrees to
protect and fully compensate the bank and its affiliates and service provider from any/ and all third party claims,
liability damages, expenses and costs (including but not limited to, legal fees) caused by or arising from customer's use
of the service violation of the terms or infringement, by any other user of customer's account of any intellectual
property or other right of anyone.
15. Service changes and discontinuation. The Bank reserves the right to change or discontinue, temporarily or
permanently, the service at any time without notice in other to maintain the security and integrity of the service the bank
may also suspend customer's access to the service at any time without notice. Customer agrees that the Bank will not be
liable to the customer or any third party for any modification or discontinuation of the service.
i. The Bank shall not be considered an agent or other legal representative of the customer for any purpose by reason of
this agreement and/or any other party whom the customer is using this service to pay.
ii. This agreement cannot be changed by the customer nor any of the Bank’s right caved unless the Bank agrees in
writing or customer continues using the service following receipt of notice of any changes proposed by the Bank.
iii. This agreement is personal to the customer and the customer shall not assign it to anyone.
iv. All notice to the customer shall be in writing via the address the customer has provided to the bank, all address the
customer has provided, to the bank, all notices to the bank must be made in writing sent to the bank's address.
v. The bank and the customer shall be an independent contractor, and nothing contained in this agreement shall be
deemed to create any association, partnership, joint venture or relation of principal, agent or master and servant,
employer or employee between parties.
vi. If any of these terms is held unenforceable, then such provision shall be construed, as nearly as possible, to reflect the
intentions of parties with the other provisions remaining in full force and effect.
vii. The laws of the Federal Republic of Nigeria "shall apply to this agreement.
Credit Bureau
The customer acknowledges that the bank consults with various credit bureau and reference agencies, and may be
required to disclose the customer's information to these credit bureaus for the purpose of conducting checks on the
Customer. The customer hereby irrevocably and unconditionally grants his/her its account(s)/transaction(s) with the
bank, to such credit bureau and reference agencies whether based locally or abroad, including information on the
customer's directors and other personnel, transactions and conduct on the customer's account together with details of
any non-payment or delayed payments as the bank may deem necessary. The consent herein given discharges the bank
from all liabilities, claims, and damages for such disclosure made by the bank to any credit bureau pursuant to the
consent herein granted.