| Terms and Conditions
This document lays out the Terms and Conditions
which shall be applicable to all the Account(s)
which are existing or may be opened any time in
future with DEVELOPMENT CREDIT BANK LIMITED,
a banking company incorporated under the Companies
Act, 1956 and having its registered office and
corporate office at 301, Trade Plaza, 414 Veer
Savarkar Marg, Prabhadevi, Mumbai - 400 025
Interpretation
- The words ‘I’
and/or ‘me’ and/or
‘my’ and/or “We”
refer to the Person(s) who open the accounts
and shall include both singular
and plural.
- The words ‘Bank’
and/or ‘DCB’ shall
refer to Development Credit Bank Limited and
any of its branch and also its successors and
assignees.
- Any reference to the masculine gender shall
include feminine gender and vice versa.
- The word “Account(s)”
and/or “account(s)”
shall mean any of the accounts as mentioned
herein after.
- The word “customer”
shall mean the Person(s) who open(s) the Account(s)
and/or avail(s) any of the facilities as mentioned
herein after.
- The word “Person(s)”
shall include individual, partnership firm,
company, association of persons, society, trust.
DEPOSITS
A. SAVINGS ACCOUNTS
I agree to ensure sufficient balance in my Savings
Account before issuing cheques.
I/We am/are aware that under Section 138 of the
Negotiable Instruments Act, introduced by the
Banking Public Financial Institutions & Negotiable
Instruments Laws (Amendment) Act 66 of 1988 in
terms of which a drawer of a cheque is liable
to penalties in case of dishonour of the cheque
for insufficiency etc. of funds in the account.
Accordingly I/we will ensure to draw cheques on
the account only against sufficient funds /clear
balance in the account equivalent to the amount
of the cheque being issued. The Bank has the right
to review all such accounts which have frequent
cheque returns and take appropriate action, as
per internal policies. Such internal policies
are liable to change at the sole discretion of
the Bank.
- Corporate Payroll Accounts
- Reversal of Salary Credits: I
hereby irrevocably and unconditionally authorise
the Bank to recover, on the request of the
employer/Company, by debiting/reversal of
credit, any excess amount credited by and/or
on the instructions of the employer/company
into my Account, without any reference or
notice to me. The Bank will not be held
responsible and liable for any such debit/reversal
of credit carried out by the Bank.
- Closure of Salary Accounts: I
acknowledge that my account has been opened
with the Bank by virtue of my employment
with the employer/Company and is designated
as "Corporate Payroll". I understand
that pursuant to the arrangement between
the employer/Company and the Bank, I may
be, at the sole discretion of the Bank,
being entitled for certain facilities on
the Corporate Payroll only during the currency
with duration of my employment with the
employer/company. I hereby agree that the
Bank may, at its sole and absolute discretion,
discontinue any of the said facilities completely
or partially on the Corporate Payroll &
close the Corporate Payroll if noticed that
no amounts are credited by and/or on the
instructions of the employer/Company to
the salary account regularly, or in the
event of my ceasing to be in the services
of the employer/Company for any reason whatsoever.
The words "the employer/Company"
refers to the corporate in which I am employed
and on whose request the salary account
is opened with the Bank.
- Minor Account
- An Account may be opened on behalf
of a minor by his/her natural guardian or
by a guardian appointed by a court of competent
jurisdiction. The guardian shall represent
the minor in all transactions with the Bank.
I agree and acknowledge that the cheque
books, Phone Banking- Telephone Identification
Number (TIN), Net Banking passwords, Debit/ATM
Cards & Personal Identification Number
(PIN) will be despatched by courier (or
any other mode at the Bank's discretion)
at my risk and consequences to the address
notified by me for correspondence. I shall
not hold the Bank liable in any manner whatsoever
in respect of such despatch of these items.
- The guardian agrees that the
minor's account will not be entitled to
any overdraft or any borrowing facility
whatsoever.
- If for any reason there is inadequate
balance or the minor's account is overdrawn,
the Bank shall be entitled to dishonour
any cheques drawn on the said Account without
being liable for any consequences arising
there from.
- The guardian agrees that on
issue of ATM/Debit card, all the terms and
conditions as applicable to ATM/Debit card
and its usage mentioned herein shall apply.
- The guardian agrees and acknowledges
that the liability arising due to withdrawal
by the minor, including through use of ATM/Debit
card, such liability is assumed by the guardian
and shall be discharged by the guardian
alone. The guardian shall be fully bound
by all debits to the minor's account including
through the use of ATM/Debit card.
- The guardian agrees that the
Bank shall be entitled without any notice
to debit any of his/her accounts to recover
all charges, fees, interests, costs or any
amounts overdrawn from the minor's account.
- In the event any special facility
such as life insurance cover for the guardian
is offered in the minor's account, the provision
as contained hereunder shall apply. The
guardian agrees that the Bank may disclose
in strict confidence to the insurance company
any personal information for any purposes
arising out of or in connection with such
insurance cover.
- The guardian agrees to indemnify
the Bank against all actions, claims, demands,
proceedings, damages, losses, costs, charges
and expenses whatsoever which the Bank may
at any time incur, sustain, suffer or be
put to as a consequence of or arising out
of opening and/or operation of the minor
account including withdrawal /transactions
through use of ATM/Debit card and further
against all and any claims of the minor
for any withdrawal/transactions made by
the guardian in the minor's account.
- I/We agree to accept the format
provided by the Bank in order to execute
my/our fax instructions to the Bank.
- An account may be opened on
behalf of a minor by his/her natural guardian
or by a guardian appointed by a court of
Competent Jurisdiction. The guardian shall
represent the minor in all transactions
of any description in the above account
until the said minor attains majority. Upon
the minor attaining majority, the right
of the guardian to operate the account shall
cease. The guardian agrees to indemnify
the Bank against the claim of above minor
for any withdrawal/transactions made by
him in the minor's account.
- Value Savings Accounts:
- I / We am/are aware that the
product is introduced to ensure that the
inability of person belonging to low income
groups to produce documents to establish
their identity and address does not lead
to their financial exclusion and denial
of banking services. A simplified procedure
has been provided for opening of account
in respect of those persons who do not intend
to keep balances above Rs. 50,000 or such
other balances as may be stipulated by the
Bank from time to time at its discretion,
and whose total credit in one year is not
expected to exceed Rs.1,00,000, or such
other balances as may be stipulated by the
Bank from time to time at its discretion.
In case of account balance or credit in
one year exceeds the prescribed limit, customer’s
account will be frozen till the customer
would establish their identity and address
proof as required in the regular Savings
Accounts.
- Free Style Savings Account
- The customer is aware that the
Bank offers a 90 days trial offer. In case
the customer is not satisfied with the services
of the Bank, he can opt for trial offer
within 90 days from the account activation
date wherein account maintenance fees would
be refunded to the customer.
B. CURRENT ACCOUNTS
- I/We hereby declare that I/We am/are
not enjoying credit facilities with any of the
Bank's branches or any other bank at the time
of opening this Current Account. I undertake
to inform the Bank in writing in case any credit
facility is availed of by me from any other
bank.
- I/We agree to repay to the Bank
on demand, unconditionally, the amount of overdrafts
that the Bank may grant to me from time to time,
together with interest accrued thereon. I/We
agree that this does not imply that the Bank
is bound to grant me any credit facility whatsoever.
- I agree to ensure sufficient balance/not
to exceed arrangement in my current account
before issuing cheques. I/We am/are aware that
under Section 138 of the Negotiable Instruments
Act, introduced by the Banking Public Financial
Institutions & Negotiable Instruments Laws
(Amendment) Act 66 of 1988 in terms of which
a drawer of a cheque is liable to penalties
in case of dishonour of the cheque for insufficiency
etc. of funds in the account.” Accordingly
I/we will ensure to draw cheques on the account
only against sufficient funds/clear balance
in the account equivalent to the amount of the
cheque being issued. The Bank has the right
to review all such accounts which have frequent
cheque returns and take appropriate action,
as per internal policies. Such internal policies
are liable to change at the sole discretion
of the Bank
C. FIXED DEPOSITS
- I/We agree that the stipulated income
tax on interest earned on Fixed deposits be
deducted at source as directed by the Government
of India.
- I/We agree to the Bank issuing certificate
in the prescribed form for tax deducted at source
on interest on Fixed Deposits, at the end of
the Bank's Financial Year only which shall commence
from 1st day of April every year and end at
31st day of March every year.
- I/We agree that, on maturity of my
Fixed Deposit, in absence of my/our written
instructions on disposal, the Bank reserves
the right at its discretion to renew the deposit
along with accrued interest thereon in the same
name and for the same tenure as of the original
Fixed Deposit at the rate/s of interest, then
prevailing.
- I/We agree that if the Bank permits
me/us to make a pre-mature withdrawal of my/our
Fixed Deposit, the recovery of interest already
paid or the penalty may be recovered from the
proceeds of the Fixed Deposit, in accordance
with prevailing regulations of the Bank and
the Reserve Bank of India.
- I/We agree that a pre-mature withdrawal
of the maturity amount of my/our Fixed Deposit
is allowed/paid at the branch of the Bank, only
where the account is opened.
ADVANCES
A. OVERDRAFT ACCOUNTS/FACILITY
- In consideration of the Bank having granted/agreed
to grant me/us a Temporary Overdraft facility
for an amount not exceeding the predefined limit,
(which will not exceed 90% or above of the amount/s
that may be held by the Bank in Term Deposits
on my behalf). I/We hereby agree, record and
confirm, that the Bank shall have a first charge
on the amount/s of such Term Deposits (which
expression shall mean and include all such amounts
standing to my/our credit in the Term Deposit
account with the Bank and whether such sums
are additional to or by way of renewal of or
replacement for any sums deposited/to be deposited
by me/us with the Bank or otherwise together
in each case with all and any interest accruing
in respect thereof) as a continuing security
for the due repayment by me/us to the Bank on
demand of all the sums which at any time or
from time to time become due and owing by me/us
to the Bank in respect of the said Temporary
Overdraft facility and all interests, costs,
charges, expenses, and other amounts whatsoever
which may become due and payable by me/us to
the Bank.
- I/We hereby irrevocably and unconditionally
agree that the Bank shall be entitled to discontinue
or terminate the said Temporary Overdraft facility
at any time without notice to me.
- I/We hereby irrevocably and unconditionally
authorise the Bank to appropriate, adjust and
set off the amount/s of such Term Deposits towards
the dues of the Bank in the event of my/our
failure to pay the amount demanded by the Bank
from me/us, the demand of the Bank being conclusive
as to my/our liability for repayment thereof
and for the said purpose.
- I/ We hereby irrevocably and unconditionally
authorise the Bank, on the basis of my/our consent,
to terminate all or any part of the Term Deposits
prior to the maturity date thereof.
SWEEP IN INSTRUCTIONS
- I/We agree that all sweep-in accounts will
have the same title.
- I/We agree that all sweep-in deposits will
be for a predetermined period only.
- I/We authorise the Bank to break units of
deposits formed due to sweep out instruction
in case there is insufficient balance and /or
the balance in the account is less than the
specified threshold limit in my/our linked Savings/Current
Account.
ATM USABLE CARDS
- Fees: I/We agree that all
fees/taxes/surcharges/service charges and all
other levies related to the ATM usable card
may be recovered by the Bank by debit to my/our
account.
- Transactions Responsibility:
I/We will be responsible for all types of transactions
processed by the use of my/our ATM usable card,
whether or not processed with my/our knowledge
or authority, express or implied. I/We shall
accept the Bank's record of transactions as
conclusive and binding for all purposes.
- Cash Withdrawal Limits:
I / We will be allowed to withdraw through the
ATM, only a pre-defined amount of cash everyday,
irrespective of the credit balance in my/our
account. This amount will be determined by the
Bank and may be changed at any time at the Bank's
sole discretion without notice to me/us. I/We
agree that cash withdrawals will be subject
to tax as applicable from time to time.
- Overdrawn Accounts: I/We
agree not to attempt to overdraw cash from the
ATM unless sufficient funds are available in
my/our account. The onus of ensuring adequate
account balances is entirely on me/us. In case
my/our account gets overdrawn due to cash withdrawal
from the ATM, I/We agree to rectify the account
balance position immediately. In case my/our
account gets overdrawn, the Bank may levy any
charge, which the Bank deems fit in addition
to any interest to be charged on the debit balance
in my/our account.
- Deposits: I/We agree that
a receipt will be produced by the ATM for all
cash/cheque deposits, and that no separate receipt
will be issued by the Bank. The amount of deposit
will be verified by the Bank's staff/authorised
representative, and this verified amount shall
be deemed to be the correct amount and binding
on me/us conclusively.
- I/We shall not deposit any cash
in a Cheque Drop Box nor deposit any cash
in a Drop Box meant for collecting other
documents/payments. I/We agree and acknowledge
that in case I/We deposit any cheque/cash
in the wrong Cheque Drop Box or Drop Box
then the Bank shall not be liable or responsible
for the consequences of the same.
- I/We acknowledge that no receipt
will be issued for any cheque deposited
for collection in the Cheque Drop Box.
- I/We understand that the Bank
will process the cheque deposited in the
ATM machine or Cheque Drop box on the basis
of the information provided by me/us in
the Pay-in-slip duly filled in by me. The
Bank will not be held responsible for any
wrong credits due to incorrect information
provided by me/us in this regard. I/We shall
hold the Bank harmless for any consequences
arising thereof.
- PIN: I/We understand that
the Bank will allot to me a unique PIN (Personal
Identification Number) which will allow me/us
to access my/our account through the ATM. The
Bank will despatch the PIN in a sealed envelope.
On receipt, I/We shall ensure that the same
is received by me/us in a sealed envelope. I/We
shall be responsible to maintain the confidentiality
of the PIN and not to reveal the PIN to any
third party. I/We shall commit the PIN to memory
and not record the PIN in a written or electronic
format.
- Validity of Card: I/We agree
that the ATM usable card at all times is the
Bank's property. The validity period of the
ATM usable card will be mentioned on the face
of the card. I/We agree to surrender the card
to the Bank in case of account closure or whenever
demanded by the Bank for any reason whatsoever.
- Lost Card: In case my/our
ATM usable card is misplaced, stolen or otherwise
lost, I / We agree to immediately report the
event in writing to the Bank or call up at the
Phone Banking. I / We understand that the ATM
usable card will be cancelled by the Bank only
during the working hours on a working day following
the receipt of such intimation or 24 hours whichever
is later. The Bank shall not be liable for any
loss by the misuse of the ATM usable Card during
such time that I / We would have lodged complaint
with the Bank and the Bank would have actually
cancelled the same as prescribed herein.
- Security of Card: I/We agree
to keep our ATM usable Card in safe custody
and agree not to hand over the ATM usable Card
to any person including any person who is a
representative or claims to be a representative
of the Bank. I/ We understand that the Bank
shall not be responsible for any misuse of the
ATM usable Card by virtue of the same falling
into wrong hands.
- Transaction not getting completed:
I/We understand that due to reasons beyond the
control of the Bank or force majure like discontinuance
of power supply /lost communication/mechanical
problems / problems in ATM Machine/ system problems
etc. the ATM will not be able to complete the
desired transaction. I/We understand that the
Bank will not be responsible for any ATM transaction
not getting completed. I / We also understand
that due to system maintenance /ATM errors,
the ATM may not dispense the complete amount
of cash that I/We have requested for. I/We understand
that in such circumstances, I/We shall not hold
the Bank responsible for not receiving the requested
cash.
- Wrong entries to Account pertaining
to ATM transactions: In case I/ We
find out that a wrong entry has been debited
to my/ our account for ATM transactions not
done by me/us, I/We would immediately raise
the issue with my /our home branch. I/We understand
that the Bank will do a thorough investigation
of the same and revert to me with their final
findings and decision of the Bank shall be final
and binding on me/us.
- Audit Trail to be final and conclusive
in case of any dispute: I/We agree
that in case of any dispute the Bank will be
using the audit trail of the ATM (either in
a printed or in non-editable electronic form)
as the final and conclusive evidence in all
disputes. I/We agree to abide by the recordings
of the audit trail.
- In case, I/We receive mutilated/torn/cut
currency note(s) from the ATM, I/We will go
to the branch of the Bank where I / We have
opened the account and exchange the currency
note(s) by submitting a letter and the transaction
slip and confirming that I/We did the transaction
at the ATM. Any other forms of claim will not
be entertained.
Form I
FENA DECLARATION
DECLARATION-cum-UNDERTAKING
[Under Section 10(5), Chapter III of The Foreign
Exchange Management Act, 1999]
I / We hereby declare that the transaction the
details of which are specifically mentioned in
the Schedule hereunder does not involve, and is
not designed for the purpose of any contravention
or evasion of the provisions of the aforesaid
Act or of any rule, regulation, notification,
direction or order made there under.
I / We also hereby agree and undertake to give
such information/documents as will reasonably
satisfy you about this transaction in terms of
the above declaration. I / We also understand
that if I / We refuse to comply with any such
requirement or make only unsatisfactory compliance
herewith, the Bank shall refuse in writing to
undertake the transaction and shall if it has
reason to believe that any contravention / evasion
is contemplated by me / us report the matter to
Reserve Bank of India. I / We further declare
that the undersigned has / have the authority
to give this declaration and undertaking on behalf
of the firm / company.
Signature of the Applicant
for Foreign Exchange
* Applicable when the declaration / undertaking
is signed on behalf of the firm / company.
SCHEDULE
All foreign exchange transactions as may be entrusted
by us to the Bank from time to time.
GENERAL TERMS AND CONDITIONS
A. APPLICABLE TO ALL ACCOUNTS/SERVICES
- I/We agree to abide by the Bank's Terms and
Conditions and rules in force and the changes
there to in Terms and Conditions from time to
time relating to my/our account.
- I/We agree that the opening and maintenance
of the account is subject to rules and regulations
introduced or amended from time to time by the
Reserve Bank of India.
- I/We agree that the Bank will be at liberty
to close my/our account any time without assigning
any reason whatsoever.
- I/We agree that the Bank can, at its sole
discretion, withdraw any of the services /facilities
given in my/our account either wholly or partially
at any time by giving one months notice.
- I/We agree that any change in my/our account
status or change of address will be immediately
informed to the Bank.
- I/We agree that all instructions relating
to my/our account will be issued in writing
satisfactory to the Bank in form and content.
- I/We agree and acknowledge that the cheque
books, Phone Banking- Telephone Identification
Number (TIN), Net Banking passwords, Debit/ATM
Cards & Personal Identification Number (PIN)
will be despatched by courier (or any other
mode at the Bank's discretion) at my/our risk
and consequences to the address notified by
me/us for correspondence. I/We shall not hold
the Bank liable in any manner whatsoever in
respect of such despatch of these items.
- I/We acknowledge that no receipt will be
issued for any cheque deposits in the Cheque
Drop Box.
- I/We understand that the Bank will process
the cheque deposited in the Cheque Drop Box
on the basis of the information provided by
me/us in the pay-in-slip duly filled by me/us.
The Bank will not be held responsible for any
wrong credits due to incorrect information provided
by me/us in this regards. I/We shall hold the
Bank harmless for any consequences arising thereof.
- I/We agree to preserve my cheque book/ATM/Debit
card carefully. In case of loss /theft of the
same I/We shall immediately inform the Bank
in writing.
- I/We agree that I/We shall maintain the minimum
balance in my/our account/s as prescribed by
the Bank.
- I/We agree that I/We shall be liable to pay
all charges, fees, interest, costs wherever
applicable, which the Bank in its absolute discretion
may levy with respect to my/our account or any
transaction and the same may be recovered by
the Bank by a debit to my/our account.
- I/We agree that I/We shall not pay any amount
in cash to any Sales Representative of the Bank
at the time of opening an account or carrying
out any transaction in the normal course of
the business. I/We agree to deposit cash only
at the Teller counters or in the ATM.
- I/We agree that the Bank will send me/us
communications/letters/cheque books etc. through
courier/messenger/mail or through any other
mode at its discretion and the Bank shall not
be liable for any loss or delay arising therefrom.
- I/We agree that Bank will unless requested
by me/us in writing to the contrary issue cheque
book on the opening of my account. Further issue
of cheque books will be only against written
requisition by me/us or by using a valid login
through ATM, Phone Banking or Net Banking.
- I/We agree that in the event of an account
being overdrawn, the Bank reserves the right
to set off such overdrawn amount against any
credit lying in any of my accounts without giving
any notice to me/us.
B. PHONE BANKING
- I/We accept that at my/our request the Bank
has agreed to provide me/us the facility of
carrying out banking transactions by giving
instructions through the Interactive Voice Response
System (IVRS) and/or verbally to a Phone Banking
officer (agent).
- I/We am/are aware that in connection with
such facility I/We am/are required to identify
myself/ourselves to the Phone Banking system
by using my/our Customer Identification Number
and my/our Telephone Identification Number (TIN)
and OR manual verification checks as decided
by the Bank from time to time.
- The Bank has no means of verifying the identity
of the person giving the telephone instructions
in my/our name and I/We further agree not to
hold the Bank liable for any loss or damage
incurred or suffered by me/us due to any error,
defect, failure or interruption in the provision
of Phone Banking services arising from or caused
by any reason whatsoever.
- I/We agree that my/our TIN is confidential
in nature and is known respectively to me/us
only. I / We undertake to inform the Bank immediately
in case my/our TIN is lost/ceases to be a secret/is
forgotten by me/us.
- I/ We agree that the Phone Banking facility
will be available and applicable to all my/our
existing accounts and all other accounts that
may be opened from time to time.
- I/We unconditionally agree that I/We shall
not hold the Bank liable for:
- transactions resulting from
carrying out my/our telephonic instructions
in good faith any delay or inability on
its part in carrying out any telephonic
instructions.
- transactions that are carried
out on telephonic instructions given by
unauthorised persons who might have illegally
or otherwise gained access to my/our confidential
TIN.
- not carrying out such instructions
where the Bank has reason to believe that
the instructions are not genuine or are
otherwise unclear, improper, vague or doubtful
accepting instructions given by any one
of us in case of joint accounts.
- I/We agree that the Bank can withdraw/suspend
the Phone Banking facility at any time either
wholly/partially without prior notice to me/us.
- I/We agree that the record of the instructions
given and transactions concluded over the phone
shall be conclusive proof and binding for all
purposes and can be used as evidence in any
proceedings
- I/We agree to give the Bank seven days notice
in writing and obtain a receipt thereof in order
to terminate the Phone Banking services availed
of by me/us.
- I/We agree that in the absence of any specific
request from me/us for personally collecting
the TIN, the same shall be sent to me/us by
postal service/courier at my/our risk and consequences
to the address notified by me/us for correspondence
and the Bank shall not be liable or held responsible
in any manner whatsoever, if the TIN falls in
the hands of unauthorised person/s.
- I/We accept that in the event of my/our forgetting/
losing/ misplacing the TIN and requesting a
new TIN, the Bank may issue a new TIN online
or through the Phone Banking system after the
necessary authentication procedures based upon
such request. I/We agree to keep the Bank harmless
at all times as a result of any consequences
of such a TIN re-generation.
C. BILL PAY FACILITY
- I/We agree and accept the services as provided
by the Bank at my/our request to carry out my/our
bill payments by Phone Banking/ATM/Net Banking/Mobile
Banking. The instructions for bill payments
will be given by me/us from time to time.
- I/We agree to provide my/our correct identification
details as registered with the billing company.
I/We agree to indemnify the Bank from any liability
due to erroneous information given by me/us
in this regard.
- I/We agree that in case of any change in
my/our identification details, it would be my/our
responsibility to communicate these changes
as registered with the billing company to the
Bank immediately.
- I/We agree that this facility will be available
to me/us subject to and upon receipt of the
billing company's confirmation as to the details
furnished by me/us.
- I/We have no objections whatsoever to the
billing company providing my/our billing details
to the Bank.
- I/We agree that all billing and payment details
will be prepared by electronic means and the
information contained therein will be extracted
from the computerised system maintained by the
billing company and the Bank respectively. The
Bank is not liable for any error in the statement
and I/We shall always hold the Bank harmless
against any losses, damages etc. that may be
incurred or suffered by me/us if the information
contained turns out to be inaccurate/incorrect.
- I/We agree that any disputes on bill details
will be settled directly by me/us with the billing
company and the Bank's responsibility is limited
to provision of information only.
- I/We agree to pay the exact amount due as
per the utility company's bill before the expiry
of due date thereof and failing which I/ We
shall hold the Bank harmless against the consequences
thereof including in particular the non-payment
of bill amount.
- I/We unconditionally agree that I/We shall
not hold the Bank liable for:
- such transactions that are carried
out on my/our instructions in good faith;
- not carrying out such instructions
where the Bank has reason to believe (which
decision of the Bank I / We shall not question/dispute)
that the instructions are not genuine or
are other wise unclear, improper, vague
or doubtful;
- accepting instructions given
by any one of us (in case of joint accounts);
- for any loss or damage incurred
or suffered by me/us due to any error, defect,
failure or interruption in the provision
of bill payment services arising from or
caused by any reason whatsoever;
- withdrawing/suspending the facility
wholly/partially without prior notice to
me/us;
- I/We agree that the record of
instructions given and transactions with
the Bank shall be conclusive proof and binding
for all purposes and can be used as evidence
in any proceedings.
- I/We agree that all transactions other than
those executed instantaneously by the Bank,
that is those requiring processing by the Bank/billing
company will be carried out only during business
hours and the value dates if any, will follow
the operating hours/days decided by the Bank/billing
company.
- I/We agree the Bank is at liberty to withdraw
at anytime, the Bill Payment facility, or any
services provided there under, in respect of
any or all the accounts without assigning any
reason whatsoever and without giving me/us any
notice.
- I/We agree to give the Bank 15 days notice
in writing and obtain an acknowledgment thereof
in order to terminate the Bill Payments facility
availed by me/us.
- I/We agree that all the conditions applicable
to ATM services and Phone Banking services are
binding on me/us in this regard.
D. MOBILE BANKING
- Definitions:
In this section, the following words and phrases
have the meaning set opposite them
unless the context indicates otherwise:
- “Mobile Banking”
means facility of access to information
relating to the saving/ current account(s)/fixed
deposit of the customer and usage of products
and/or other services as may be advised
or made available on Mobile Phone by the
BANK from time to time on/through Mobile
Banking. The words Mobile Banking and Mobile
Banking services are used interchangeably
in this document.
- “Mobile Phone” means
the handset together with requisite accessories,
equipment, attachments and other software
which is owned/ possessed by the customer/Cellular
service subscriber.
- “User” refers to
a customer of the Bank authorised to use
the Mobile Banking service provided by the
Bank.
- “Personal Information”
refers to the information about the User
obtained in connection with the Mobile Banking
service.
- “Cellular Service Provider”
or “CSP” refers to the GSM/CDMA
service provider (for operation of Mobile
Phones) who has entered into an agreement
with the Bank for provision of Mobile Banking
services to its customers.
- Applicability of Terms and Conditions:
These Terms and Conditions form the
contract between the User, the Bank, and the
Cellular Service Provider and shall be in addition
to and not in derogation of the terms and conditions
relating to any account of the User and/or the
respective product or the service provided by
the Bank or the CSP.
- Eligibility: Any customer
of the Bank, having a Saving and/or Current
and/or Fixed Deposit account authorised to operate
singly or on either or survivor basis and who
is also a Current Subscriber of the CSP. The
User should have access to the Mobile Phone
and knowledge of how the Mobile Phone works.
The User should at all times possess the Mobile
Phone software, which is required for using
Mobile Banking. In case of Minor accounts, only
the natural guardian of the minor shall be eligible
to avail of this service.
- Registration: I/We agree
that I/We shall be entitled to use the Mobile
Banking service only if my/our application is
found in order and the relevant particulars
are registered by the Bank and the CSP. The
Bank and the CSP shall be at liberty to reject
my/our application without assigning any reason.
- Mobile Banking: The Bank
shall endeavour to provide to the User through
Mobile Banking, such services as the BANK may
decide from time to time. The Bank reserves
the right to decide the type of services which
a user may be offered on each account and may
differ from user to user. The Bank may also
make additions/deletions to the services offered
through Mobile Banking at its sole discretion.
- Only those accounts opened with the Bank
and attached to the respective User's ID will
be accessible through Mobile Banking.
- There will be no obligation on the Bank to
support all the versions of this Mobile Phone
software.
- Mobile Banking Access: I/We
agree that I/We shall use only my/our Mobile
Phone to access the Mobile Banking Service of
the Bank. The access is restricted to me/us
on the specific Mobile Phone number/s registered
with the Bank for Mobile Banking. I/We shall
not disclose my/our PIN number/s relating to
the Mobile Phone/s, to any person or write/record
it at any place whereby some other person can
come to know my PIN no. I / We understand that
in case I/We fail to follow/adhere to this,
I / We shall be solely responsible for the consequences
arising there from. I/We shall not attempt or
permit others to attempt accessing the account
information stored in the computers of the Bank
through any unauthorised means. I/We shall not
allow any other person to have access to my/our
Mobile Phone/s or leave the Mobile Phone/s unattended.
- Authority to the Bank: I/We
grant express authority to the Bank for carrying
out the transactions performed by me/us through
Mobile Banking. The Bank shall have no obligation
to verify the authenticity of any transaction
received from me/us through Mobile Banking or
purporting to have been sent by me/us via Mobile
Banking other than by means of verification
of the Mobile Phone number/s. The display that
is produced by me/us at the time of operation
of Mobile Banking is a record of the operation
of the mobile access and shall not be construed
as the Bank's records of the relative transactions.
The Bank's own records of transactions maintained
through computer systems or otherwise shall
be accepted as conclusive and binding for all
purposes unless I / We point out any discrepancy
within a week from the date of receipt of periodical
statement. All transactions arising from the
use of Mobile Banking, to operate a joint account,
shall be binding on all the joint account holders,
jointly and severally.
- Accuracy of Information:
I/We am/are responsible for the correctness
of information supplied by me/us to the Bank
through the use of or through any other means
such as electronic mail or written communication.
Neither the Bank nor the CSP accepts any liability
for the consequences arising out of erroneous
information supplied by me/us. If I/We suspect
that there is an error in the information supplied
to the Bank by me/us, I/We shall advise the
Bank as soon as possible. The Bank will endeavour
to correct the error wherever possible on a
'best efforts' basis. If I/We notice an error
in the account information supplied to me/us
through or by the use of any of the Mobile Banking
services, I/We shall advise the Bank as soon
as possible. The Bank will endeavour to correct
the error promptly and adjust any interest or
charges arising out of the error. All outputs
of statements are duplicate statements of account
and will be prepared by electronic means and
the information contained therein will be extracted
from a computerized back up system maintained
by the Bank. While the Bank will take all reasonable
steps to ensure the accuracy of the statement,
the Bank is not liable for any error. I/We shall
hold the Bank harmless against any loss, damages,
etc that may be incurred/suffered by me/us if
the information contained in the above said
outputs turns out to be inaccurate/ incorrect.
- Liability of the User: I/We
shall not be liable for any unauthorized transactions
occurring through the use of Mobile Banking
which can be attributed to the fraudulent or
negligent conduct of the employees or agents
of the BANK. I/We shall not be liable for losses
arising out of the unauthorised transactions
occurring in my/our accounts if I/We have complied
with the Terms and advise the Bank in writing
under acknowledgement immediately after I/We
suspect that my/our Mobile Phone number is /
has been allotted to another person and/or notice
an unauthorised transaction in my account, after
a maximum of 2 days from the receipt of such
advice by the Bank. I/We agree that the access
to Mobile Banking is through my/our Mobile Phone
and any transaction which originates from the
same, whether initiated by me/us or not shall
be deemed to have originated from me/us. I/We
shall be liable for all losses from unauthorised
transactions in my/our accounts if I/We have
breached the Terms or contributed or caused
the loss by negligent actions such as the following:
- Not advising the Bank in a reasonable
time about unauthorised access to or erroneous
transactions in the Mobile Banking accounts.
- In case of change in or termination
of the Mobile Phone number/SIM Card, not
informing the Cellular Service Provider
and the Bank about the change/ termination.
- I/We understand that in the
event of my/our Mobile Phones getting lost
or falling in the wrong hands, it can be
misused. I/We hereby agree to indemnify
the Bank for any such misuse arising out
of the same.
- Liability of the Bank: The
Bank shall, in no circumstances, be held liable
by me/us, if access is not available in the
desired manner for reasons including but not
limited to natural calamity, floods, fire and
other natural disasters, legal restraints, faults
in the telecommunication network or network
failure, software or hardware error or any other
reason beyond the control of the Bank. Under
no circumstances shall the Bank be liable for
any damages whatsoever whether such damages
are direct, indirect, incidental, consequential
and irrespective of whether any claim is based
on loss of revenue, investment, production,
goodwill, profit, interruption of business or
any other loss of any character or nature whatsoever
and whether sustained by the User or any other
person. The Bank is in no way liable for the
services provided by the CSP in relation to
the Mobile Phone. The Bank is in no way responsible
and/or liable for the charges levied by the
CSP in relation to Mobile Banking transaction.
- Liability of the CSP: The
CSP and the Bank do not warrant the confidentiality
or security of the messages whether personal
or otherwise transmitted through Mobile Banking
service. The CSP makes no warranty or representation
of any kind in relation to the system and the
network or their function or performance or
for any loss or damage whenever and however
suffered or incurred by the User or by any person
resulting from or in connection with the Mobile
Banking Service or the CSP network. Without
limitation to the other provisions of this agreement,
the CSP, its employees, agents or contractors,
shall not be liable for any loss or damage whether
direct, indirect or consequential, including
but not limited to loss of revenue, profits,
business, contracts, anticipated savings or
goodwill, loss of use or value of any equipment
including software, whether foreseeable or not,
suffered by the User or any other person howsoever
arising from or relating to any delay, interruption,
suspension, resolution of error of the Bank
and the Mobile Banking service in receiving
and processing the request and in formulating
and returning responses or any failure, delay,
interruption, suspension, restriction or error
in the transmission of any information or message
to and from the telecommunication equipment
of the User and the CSP network and the Bank's
system or any break down, interruption, suspension
or failure of the telecommunication equipment
of the User, the Bank's system or the CSP network.
Notwithstanding herein to the contrary, the
CSP shall not be involved in or in any way liable
to the User for any dispute between the Bank
and the User.
- Indemnity: I/We shall indemnify
and hold the Bank and the CSP harmless against
any loss suffered by the Bank, its customers
or a third party or any claim or action brought
by a third party which is in any way the result
of the Mobile Banking by me/us. I/We agree that
the Mobile Banking service uses the network
provided by the CSP.I/We hold the Bank harmless
against any loss incurred by me/us due to failure
in this network.
- Disclosure of Personal Information:
I/We agree that the Bank or its contractors
may hold and process my Personal Information
on computer or otherwise in connection with
Mobile Banking services as well as for statistical
analysis and credit scoring.
- Termination of Mobile Banking Service:
I/We can request for termination of the Mobile
Banking facility any time by giving a written
notice of at least 15 days to the Bank. I/We
agree that I/We shall remain responsible for
any transactions made on my/our Mobile Banking
account(s) through Mobile Banking until the
cancellation of my/our Mobile Banking service.
The Bank may withdraw the Mobile Banking facility
anytime and shall endeavour to give a reasonable
notice under the circumstances. The closure
of all my accounts will automatically terminate
the Mobile Banking service. Similarly the Bank
may suspend or terminate Mobile Banking facilities
/ services without prior notice if I/We have
breached these Terms and Conditions.
- Notices: I/We am/are aware
that the Bank may give notices under these Terms
and Conditions, electronically to my/our mailbox
(which will be regarded as being in writing),
or in writing by delivering them by hand, or
by sending them by post to the last address
given by me/us and in the case of the Bank to
its registered office. In addition, the Bank
may also publish notices of general nature,
which are applicable to all Users of Mobile
Banking on the web site of the Bank. Such notices
will have the same effect as a notice served
individually to me/us.
E. INSTAALERT
- Definitions: In these Terms
and Conditions, the following terms shall have
the following meanings:
- "Alerts" or "Facility"
or "Alerts Facility" means the
customized messages based on Triggers, sent
as Short Messaging Service ("SMS")
over mobile phone or as a message via email
to the customer;
- "Triggers" means the customized
triggers to be set or placed by the customer
or by the Bank with the Bank & its systems,
with respect to specific events/transactions
relating to his/her account to enable the
Bank to send the corresponding Alerts to
the customer.
- "CSP" means the Cellular Service
provider through whom the customer or the
Bank receives the mobile services.
- Availability:
- The customer has requested for this facility
which Bank at its sole discretion may discontinue
at any time without any prior notice. The
facility is currently available only to
resident customers with accounts with the
Bank's branches in India. The Bank may at
its discretion extend the facility to Non-resident
customers in respect of Mobile Phones of
CSP rendering services within cellular circles
in India or email.
- The SMS alert facility is available only
in India.
- The Alerts will be sent to the customer
only if the customer is within the cellular
circles of the CSPs or in circles forming
part of the roaming GSM network agreement
between such CSPs.
- The Bank may, wherever feasible, shall
extend the facilities to other cellular
circles as well as to subscribers of other
cellular service providers, as will be notified
by the Bank, from time to time.
- A Mobile Phone trigger may not be made
by the customer or Bank if the account’s
operations have been suspended for any reasons
whatsoever.
- The customer assumes full responsibility
for the security and confidentiality of
his / her Mobile Phone / Mobile Phone number
and Mobile Phone identification number to
be used in initially gaining access to his/her
account(s) through the use of his/her Mobile
Phone.
- Process:
- To receive Alerts, the customer may select
and set all or any of the Triggers available
under this facility by submission of the
duly completed Registration Form at any
of the specified Bank branches/locations.
The form could also be downloaded and/or
submitted electronically through the Bank's
website www.dcbl.com subject to the introduction
of the facility or format on the website.
Alerts shall be sent to the customer's Mobile
Phone number registered with the Bank.
- The customer is duty bound to acquaint
himself with the detailed process for using
the facility and the Bank is not responsible
for any error / omissions by the customer
in setting the Triggers.
- The customer acknowledges that this facility
of Alerts will be implemented in a phased
manner and the Bank may at a later stage,
as and where feasible, add more Triggers
or Alerts. The Bank may, at its discretion,
from time to time change the features of
any Trigger or Alert. The customer will
be solely responsible for keeping himself
updated of the available Triggers or Alerts,
which shall, on best-effort basis, be notified
by the Bank through its website or through
any legally recognised medium of communication.
The customer may, from time to time, alter
or add to the Triggers selected by him/her
by prior written intimation to the Bank.
- Setting Triggers and Receiving Alerts:
- The Bank is not bound to acknowledge
the receipt of any Instructions or Triggers
nor shall the Bank be held responsible to
verify any Instructions or Triggers. The
Bank shall endeavour to provide Instructions
and Triggers on a best effort basis and
wherever operationally possible for the
Bank.
- The Bank may, in its discretion, not
give effect to any Triggers if the Bank
has reason to believe with the apprehension
(which decision of the Bank shall be binding
on the customer) that the Triggers are not
genuine or otherwise improper or unclear
or raises any doubt or in case any Triggers
cannot be put into effect for any reasons
whatsoever.
- The customer is solely responsible for
intimating in writing to the Bank any change
in his mobile phone number or e-mail address
or account details and the Bank will not
be liable for sending Alerts or other information
over the customer's Mobile Phone number
or address recorded with the Bank.
- The customer acknowledges that to receive
Alerts, his Mobile Phone must be in an “on”
mode. If the customer's Mobile Phone is
kept “off” for a specified period
from the time of delivery of an Alert message
by the Bank, that particular message may
not be received by the customer.
- Triggers will be processed by the Bank
after receipt and the processing time will
be decided by the Bank, in its sole discretion.
Initially, the alerts provided by the Bank
on the Mobile Phone and/or the e-mail on
any particular day, will have a certain
time lag. The customer acknowledges about
being aware that the Alerts being received
are based on data available with the bank
with a certain time lag. Weekly balance
alerts will be sent based on data updated
as on the preceding working day. The customer
also acknowledges that reasonable time may
be taken for data processing for the purpose
of sending Alerts on working days of the
Bank.
- The customer acknowledges that the facility
is dependent on the infrastructure, connectivity
and services provided by the CSPs within
India. The customer accepts that timeliness,
accuracy and readability of Alerts sent
by the Bank will depend on factors affecting
the CSPs and other service providers. The
Bank shall not be liable for non-delivery
or delayed delivery of Alerts, error, loss
or distortion in transmission of Alerts
to the customer.
- The Bank shall endeavour to provide the
facility on a ‘best effort basis’
and the customer shall not hold the Bank
responsible/liable for non-availability
of the facility or non-performance by any
CSPs or other service providers or any loss
or damage caused to the customer as a result
of use of the facility (including relying
on the Alerts for the customer's investment
or business purposes) for causes which are
not attributable to/and are beyond the control
of the Bank. The Bank shall not be held
liable in any manner to the customer in
connection with the use of the facility.
- The customer accepts that each Alert
may contain certain account information
relating to the customer. The customer authorises
the Bank to send account- related information,
though not specifically requested, if the
Bank deems that the same is relevant.
- Withdrawal or Termination:
- The Bank may, in its discretion, withdraw
temporarily or terminate the facility, either
wholly or in part, at any time. The Bank
may, without prior notice, suspend temporarily
the facility at any time during which any
maintenance work or repair is required to
be carried out or in case of any emergency
or for security reasons, which require the
temporary suspension of the facility.
- Notwithstanding the terms laid down herein,
either the customer or the Bank may, for
any reason whatsoever, terminate this agreement
at any time upon prior written notice. Liabilities
incurred by the customer shall, however,
survive the termination of this agreement.
- Fees:
- As an introductory offer, the facility
is currently being made available by the
Bank to the customer as a free of cost service.
The Bank at a later date may decide to introduce
fees which the customer shall be liable
to pay to the Bank such fees as may be applicable
from time to time. The customer shall be
liable for payment of such airtime or other
charges which may be levied by the CSP in
connection with the receiving of the Alerts,
which may be levied by the CSP as per the
terms and conditions of the CSP and the
Bank is in no way concerned with the same.
- Unless otherwise waived by the Bank,
the customer shall pay the Bank, its standard
fees and charges for the use of the service.
In this connection, the Bank is hereby authorised
by the customer to debit any of the customer's
account with the Bank.
- Disclaimer:
- The Bank will not be liable
for:
- any unauthorised use of
the customer's identification number
or
- Mobile Phone number/instrument
or unauthorised access to e-mails received
at his notified email address for any
fraudulent, duplicate or erroneous instructions/Triggers
given by use of the same;
- acting in good faith on any
instructions/Triggers received by the
Bank;
- error, default, delay or
inability of the Bank to act on all
or any of the instructions/Triggers;
- loss of any information/instructions/Alerts
in transmission;
- unauthorised access by any
other person to any information/instructions/Triggers
given by the customer or breach of confidentiality.
- The Bank shall not be concerned
with any dispute that may arise between
the customer and the CSP and makes no representation
or gives no warranty with respect to the
quality of the service provided by the CSP
or guarantee for timely delivery or accuracy
of the contents of each Alert.
- The Bank shall not be held liable
in the event that the Mobile Phone company/mobile
phone service provider fails, for any reason
whatsoever, to reload the prepaid airtime
of the customer. The customer agrees that
any complaint in connection with the reload
service shall be referred to and addressed
by the mobile phone company/service provider.
- Disclosure: The customer
accepts that all information /Instructions /Triggers
will be transmitted to and /or stored at various
locations and be accessed by personnel of the
Bank (and its affiliates/agents). The Bank is
authorised to provide any information or details
relating to the customer or his account to the
CSPs or any service providers so far as is necessary
to give effect to any instructions/ Triggers.
- Liability and Indemnity:
The customer shall indemnify and keep the Bank
free and harmless from and against all liabilities,
losses, claims and damages arising from negligence,
fraud, collusion or violation of the terms hereof
on the part of the customer and/or a third party
provided there is no gross negligence on the
part of the Bank. In addition, the bank shall
not be liable for any expense, claim, loss or
damage arising out or in connection with this
agreement including but not limited to war,
rebellion, typhoon, earthquake, electrical,
computer or mechanical failures.
- Amendment: The customer
hereby, agrees to abide by, without need of
notice, any and all future modifications, innovations,
amendments or alterations in these terms made
by the Bank.
- Miscellaneous: The above
terms and conditions are in addition to the
terms and conditions applicable to the Accounts
agreed to by the customer. All disputes are
subject to the exclusive jurisdiction of the
competent courts in Mumbai only. Nothing expressed
or implied shall in any way waive or amend any
of the terms and conditions to the existing
Terms and conditions agreement with DCB.
F. NET BANKING
- Definitions and Interpretations:
- "Net Banking Terms and Conditions"
shall mean the terms and conditions as modified
from time to time and made applicable to
Net Banking offered by the Bank.
- "Confidential Information"
refers to information obtained by the customer,
through the Bank, for availing Services
or Payment Instruction Services Internet
banking services.
- "Payment Instruction"
shall mean an instruction given by a customer
to transfer funds from the Account held
by the customer to accounts held by other
approved customers within the Bank and /or
request to issue Demand Drafts (DD) in the
name of the beneficiary who may or may not
have an account with the Bank.;
- “Internet” refers
to the network of computers/mobile phones/other
electronic devices which share and exchange
information. The Internet is at once a worldwide
broadcasting capability, mechanism for information
dissemination, and a medium for collaboration
and interaction between individuals and
their computers/mobile phones/other electronic
devices capable of accessing the Internet
without regard to geographic location.
- “Net Banking Services”
refers to the Bank's Service which provides
access to account information, products
and other services as advised by the Bank
from time to time to the customers through
the Internet. The terms Net Banking and
Net Banking services/facility may be interchangeably
used.
- “Account” refers
to the customer's Savings and/or Current
Account and/or Fixed Deposit or any other
type of account so designated by the Bank
to be eligible account(s) for operations
through the use of Net Banking.
- “Personal Information”
refers to the information about the customer
obtained in connection with Net Banking
Services.
- Application for Net Banking:
The Bank may offer Net Banking to selected customers
at its discretion. I/We agree that in order
to be eligible for Net Banking I/We would need
to be a current Internet user or have access
to the Internet and should have knowledge of
how the Internet works. I/We accept that the
application for Net Banking does not automatically
imply acceptance by the Bank.
- Software: The Bank will
advise from time to time the Internet software
such as Browsers, which are required for using
Net Banking. There will be no obligation on
the Bank to support all the versions of this
Internet software. I/We agree that I/We shall
be responsible for upgrading my software, hardware
and the operating system at my/our cost from
time to time so as to be compatible with that
of the Bank. 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 used by
me/us and that the same shall be my/our sole
responsibility.
- Net Banking Service: The
Bank shall endeavour to provide through Net
Banking, such services as the Bank may decide
from time to time. The Bank reserves the right
to decide the type of services that may be offered
on each account and may differ from customer
to customer. These facilities shall be offered
in a phased manner and at discretion of the
Bank. The Bank may also make additions/deletions
to the services offered through Net Banking
at its sole discretion. The availability/ non-availability
of a particular service shall be advised through
e-mail or web page of the Bank or written communication.
All accounts opened with the Bank attached to
the same Customer Identification Number will
be accessible through Net Banking. In case of
joint accounts and accounts with two or more
signatories, the Bank will offer such services,
as restricted by the terms and conditions governing
the operation of such accounts. In case of Minor
Accounts, the natural guardian undertakes to
give all instructions relating to the operation
of the account and further undertakes not to
reveal the customer ID and password to the minor.
The Bank shall take reasonable care to ensure
the security of and prevent unauthorized access
to the Net Banking service using technology
reasonably available to the Bank. The customer
agrees that the customer shall not use or permit
to use Net Banking or any related service for
any illegal or improper purposes. The customer
further undertakes that he/she is exempting
the Bank in sending of the fortnightly statements
as required. The customer shall query on the
net for the transactions and holding information.
The customer also agrees that the results of
the query generated on the Internet shall substitute
such statements and that the development of
the products and services of the Bank is a continuous
process and published information on the Internet
may not be upto date. The formats, update frequency
and retention period of the information will
be decided at the sole discretion of Bank. The
customer understands that it is important to
check the current position with the respective
branch of the Bank. All information is provided
on 'as is' basis without warranty of the kind.
The Bank makes no representation and disclaims
all express, implied and statutory warranties
of any kind to the user and/or any third party
including warranties as to accuracy, timeliness,
completeness, merchantability or fitness of
the information for any particular purpose.
All proprietary rights in the information received
shall remain the property of the Bank. The reproduction,
redistribution and transmission of any information
contained on the web site is strictly prohibited.
Access to this web site is a confirmation by
the customer that the customer has understood
and accepted these terms
- Net Banking Access: I/We
understand that the Bank would allot me/us a
customer ID and a Net Banking secret password
in the first instance. I/We will be required
to change the password assigned by the Bank
on accessing Net Banking for the first time.
As a safety measure I/We will change the password
as frequently thereafter as possible. I/We agree
that the PIN shall be sent to me/us by courier
at my/our risk and consequences to the address
notified by me/us for correspondence, and the
Bank shall be not liable or held responsible
in any manner whatsoever, if the PIN falls in
the hands of unauthorised person/s. In addition
to customer-ID and password, the Bank may, at
its discretion, require me/us to adopt such
other means of authentication
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