Last update date : 2014, 8th of August release 0.1
1. « Pepele Mobile » is a service created and developed by the public limited company incorporated under Congolese law « Trust Merchant Bank » to develop services using information technology.
2. Access to such a mobile account and to online services, their utilisation, as well as recourse to this service and in this context to the
services of the bank necessarily entail approval, on the part of the customer, of :
3. The customer has been informed and accepts that all the services provided by the bank are subject to the general and particular provisions applicable to the bank.
4. He expressly accepts that all current or future regulatory or legal provisions relating to the banking sector, data protection, money laundering and prevention apply to this service.
5. The customer recognises that the international and national regulations relating to the use of the Internet and any other mobile service used by the bank apply to this programme.
6. All the aforementioned provisions shall apply as the establishment of business relations by and between the parties.
b) Particular provisions :
Adherence to the « Pepele Mobile » services shall moreover be subject to the adherence to and acceptance of the general terms and conditions relating to the use of the « Pepele Mobile » service put in place by the bank under the afore-mentioned rules and regulations.
The customer acknowledges that he has become cognisant of and accepts the terms and conditions mentioned below (hereinafter referred to as the terms and conditions) that govern the business relationship between the customer and the bank, hereinafter referred jointly to as « the parties ».
The operations shall comprise :
a) Cash In, Cash out (Withdrawal and deposit of money);
b) Transfer from account to account or from account to cash;
c) Recharge of prepaid debit cards or funding of credit cards;
d) Payment for goods to authorised dealers;
e) Payment of invoice;
f) Management operations of the mobile account.
All other operations not stipulated above, if they can be carried out, shall require a prior particular agreement by and between the customer and the bank.
The bank shall have the option of asking for a deposit to guarantee the fulfilment of all obligations or commitments undertaken by the customer.
1.2 Awareness of the risks
The Customer acknowledges and accepts the risks arising out of the use of mobile services and all related operations. The risk of loss or fraud may be substantial. Before engaging in transactions, the Customer acknowledges that he has understood perfectly :
a) The nature and fundamental notions of the contracts and the underlying transactions;
b) The scope of the economic risk to which the Customer is exposed as a result of such contracts;
c) The legal terms and conditions for such contracts.
1.3 Technical installation and PIN code
The customer shall choose his PIN code himself. The PIN code can be used with the telephone number to access the mobile services provided by the Bank. The Customer must keep the PIN code secret and protect it against abuse at all times.
Whosoever identifies himself each time he uses the system by entering the user's telephone number and the personal PIN code shall have access to the mobile and electronic transaction tools as well as to the other services offered on the Bank's website.
The Customer is requested to change the PIN code regularly and not make it accessible to third parties. The Customer shall incur alone all the risks arising from the loss or fraudulent use respectively of the telephone number, his SIM card and/or his PIN code. The bank is not responsible for damages likely to result from the loss or fraudulent use of his telephone number, SIM card and/or PIN code. The customer shall inform the bank immediately of the need to block his account, cancel or replace his telephone number and/or his PIN code. The customer may also carry out its operations on the Internet site online or with an authorised agent of the bank, at all times. Once the Customer's identity (telephone number and PIN code) and availability of his assets have been duly identified, the Bank undertakes to carry out immediately or within a reasonable period, or within such time as defined for individual transactions, all orders and instructions issued by the customer. The Bank may nonetheless decide to accept specific orders from the Customer only through dedicated sites or other means communicated to the Customer. The Bank shall be entitled, at its discretion, but not required, to accept or to require that instructions be given in writing. The foregoing notwithstanding, the Bank reserves the right, at all times and at its discretion, to ignore orders and instructions and to require written proof of identity. The Bank shall be entitled, if it wishes, to introduce and to require additional identification levels for all or part of its services, including in particular lists of numbers to be crossed out and/or a secure identification system.
1.3.2. Irrevocability of the legitimisation
Whosoever identifies himself pursuant to Article 1.3.1 above shall be deemed as being authorised to use the Bank's services. The Bank may consider that such orders and communications are indubitably authorised and issued by the customer and/or by his legitimate representative.
1.3.3. Blocking access
The customer may at all times require the bank to block access to his account immediately. Only the customer is authorised to revoke such blocking in writing. The Bank reserves the right to block the Customer's access via the Internet or telephone at all times, without any explanation and without additional notification, insofar as it considers such blocking appropriate.
1.3.4. Security / Risks relating to the Internet and to mobile services
The customer shall expressly absolve the bank for any and all damage caused to the Customer or his representative owing to transmission errors or failures, technical errors, surcharge, failures (including in particular the system maintenance service), malfunction, interference, illegal intrusion (e.g. through hacking) and intentional blocking of telecommunication tools and networks (for example, massive dispatching of e-mails, service refusal attacks, etc.). Any other inadequacy on the part of providers of telecommunication - or network - services shall be explicitly excluded. The Customer is aware of the fact that the data are transmitted through open and generally public networks (e.g. via the Internet). The data are consequently transmitted regularly and in uncontrolled manner and may therefore go beyond the borders of the DRC, even in the event where the sender and receiver are located in the DRC. The Bank shall under no circumstances be held liable and shall provide no guarantee or commitment concerning the data transmitted on the Internet or via Mobile, i.e. whether they are correct, accurate or complete, in particular, data relating to the accounts (confirmations of transactions, statements of accounts, balances, etc.).
Information accessible to the public shall be provided for indication only and shall in no way render the bank liable.
The Customer shall in particular be deemed to have taken due note of the following risks relating to the use of the Internet and mobile services (for which the bank may under no circumstances be held liable) :
+ Inadequate knowledge of the systems and inappropriate security measures may facilitate unauthorised access. It is up to the customer and to him alone to be informed exactly about the security measures necessary.
+ By proceeding to statistics relating to the users, providers of Internet or Mobile access may deduce that the customer contacted the bank.
+ Computer viruses may reach the Customer's computer without being noticed, particularly through the Internet and exchange of external support.
+ The use of computers which are not used permanently by the Customer himself constitutes a source of additional risks. The risks inherent in the use and storage of information such as the PIN code and data relating to the account, transaction activities and account balances shall be borne by the customer, for which he shall be solely responsible.
+ The software and hardware at the customer's disposal or which he uses must come only from trustworthy sources.
+ The Customer expressly accepts that mail shall be sent by electronic means. The customer is aware and accepts all the consequences, losses and risks likely to result from the transfer of data via electronic or mobile means.
1.3.5. Hardware and software
The Customer shall assume responsibility for technical access to the Bank's services. The Customer shall be responsible for the acquisition, installation and configuration of suitable hardware and software for establishing connections/communications to/with the bank's online services (computer, modem, browser, etc.). The bank shall consequently bear no responsibility for the access provider nor for external software and hardware that it has not made available itself.
The customer has taken due note and accepts that the bank may outsource or assign certain parts of its sectors of activities within its own organisation or to third parties under its responsibility, to provide services on a continuous basis, particularly, but not limited to, IT, administration or accounting data.
1.3.7. Licensing agreement and right of use
The Bank shall provide the Customer with a software for the users of the Online or Mobile Service. The Customer may use the software only for its own internal business. The software, Online Service, or Mobile Services may not be used to train third parties or as a service bureau of third parties. The Customer accepts to use the Online Service, the Mobile service and the software strictly in compliance with the Terms and Conditions, as amended by the Bank from time to time. The Customer moreover accepts to be bound by all the rules, regulations, procedures and terms and conditions defined by the Bank concerning the use of the Online and Mobile Service provided by the Bank.
1.3.8. Access and security
The Online Service may be used to transmit, receive and confirm the execution of orders, subject to the conditions of the market in force and the applicable laws and regulations. The Bank shall grant access and use by the Customer with full confidence as of the moment that s/he establishes procedures to prevent unauthorised access to and use of the Online or Mobile Service, and whatever happens, the Customer shall accept full financial responsibility for the transactions carried out through the Mobile or Online Service. The Customer recognises, declares and guarantees that :
a) He has received a secret code or other sequence that enables him to access the online or mobile service (PIN code);
b) He is the sole and exclusive holder of the PIN code
c) He is the sole and exclusive owner and holder of any identification or connection number (telephone number) and that
d) He accepts full responsibility for the use and protection of the PIN code for all the transactions in an open account, kept or accessed via the telephone number and/or the PIN code.
The Customer accepts responsibility for surveillance of his accounts.
The Customer shall notify the Bank immediately in writing if he should become cognisant of one of the following :
a) Any loss, theft, or other unauthorised use of his telephone number, SIM card and/or PIN code; or
b) Failure to receive a message indicating that an order was received and/or carried out; or
c) Failure to receive precise confirmation of an execution; or
d) Receipt of order and/or execution confirmation that he requested; or
e) Any imprecise information of his account, balances, positions, or record of transactions.
1.3.9. Risk of online or mobile service
The Customer's access to the online or mobile service, or a part thereof, may be restricted or unavailable during periods of demand, system upgrading or for other reasons. The Bank shall make no express or tacit declaration, provide no guarantee to the Customer on the subject of usability, state or functioning thereof. The Bank shall not guarantee that access to the online and/or mobile service or its use shall be without interruption or error or that the online and/or mobile service meets a particular performance or quality criterion.
Under no circumstances, including negligence, shall the Bank or any other person involved in the creation, production, delivery or management of the online and/or mobile services be held liable for any direct or indirect damage resulting from the use or impossibility to use the online and/or mobile service, any violation of guarantees, including in particular guarantees for the interruption of activity or loss of earnings.
The Customer shall assume full responsibility and the risks of loss resulting from the use of the Online and/or Mobile Service, or of basic materials obtained through that service. The Bank, or each of its directors, managers, employees, agents, entrepreneurs, affiliated companies, third sellers, suppliers of installations, IT suppliers, licensors, stock exchanges, clearing organisations or other suppliers of data, information or services of the Bank, shall not guarantee that the Online and/or Mobile Service would not be interrupted and would be error-free; the Bank shall not guarantee the results obtainable through the use of the Online and/or Mobile service, the punctuality, continuity, precision, exhaustiveness, reliability or contents of information, service or transaction whatsoever provided by the Online and/or Mobile Service.
In placing an order or conducting a transaction through the Online and/or Mobile Service, the Customer recognises that his order or his transaction might not be examined by an authorised representative before it is carried out. The Customer accepts that the Bank shall not be held liable for any losses, missed opportunities and accrued commissions which may result from his inability to use the Online and/or Mobile Service to place orders, transactions or to access information.
1.3.10. Market data and information
Neither the Bank nor any provider may be held responsible in any way by the Customer or any other person for :
a) Any inaccuracy, error or delay in the transmission or delivery of data, information or messages, or their omission;
b) Any losses or damages resulting from any inaccuracy, error, delay, omission, non-execution, interruption in data, information or messages caused by an act of negligence or omission or by cases of force majeure, or any other reason, whether within or beyond the bank's or any provider's control. The bank shall not consider that it has received any order or communication transmitted electronically by the Customer, until the Bank has actual knowledge of such an order or communication, or if a customer has carried out a transaction at a wrong price at the time the operation was carried out, whilst the Bank shall be relieved of any damages or expenses arising from it.
The Customer recognises that, from time to time and for a given reason, the Online and/or Mobile Service may not function or not be operational because of maintenance, hardware failure, software malfunction, interruption of service or transmission or any other reason, and undertakes to hold the Bank and any provider unharmed from any liability for damage resulting from the down time of the Online or Mobile Service.
The Customer acknowledges that there are alternative arrangements in place for the transmission and execution of his order in the event that, for any reason whatsoever, circumstances should hinder the transmission and execution of all or part of his orders through the Online and/or Mobile service.
The Customer declares and guarantees that he is fully authorised to engage in this type of Online and/or Mobile transaction and is not subject to any legal incapacity that prohibits such services, and shall remain in compliance with all the laws, rules and regulations applicable thereto.
The Customer acknowledges that he knows well the rules and procedures adopted by the Bank and by any provider concerning the use of the Online and/or Mobile Service, with which he complies and for the use of which he has undergone the necessary training. The Customer must not (nor allow a third party to) copy, use, analyse, change, decompile, disassemble, reverse engineer, translate or convert any software provided to him in connection with the use of the Online and/or Mobile Service or distribute the software for the online service to any third party.
2.1. Terms and conditions of use
The Bank publishes on its website www.pepele.com updates of the system, functionalities available for customers as well as information, statements and warnings relating to its offers. The Bank also sends information bulletins to the Customer's e-mail address from time to time. The Customer undertakes to keep up to date regularly with such information, statements and warnings. In case of disagreement with any information published, the Customer undertakes to inform the Bank immediately. By continuing to use the services provided by the Bank, the Customer acknowledges that he accepts the communicated changes.
2.2.1 Given the means of electronic communication put in place, the beneficiary of the Pepele Mobile Service accepts that instructions in execution of the general terms and conditions can be given via the Internet or any other means of electronic communication. The bank is not required to confirm these instructions.
2.2.2. The Customer accepts that the Bank has the right, but not the obligation, to request personal details in order to establish his identity. The Bank must not be held responsible for having refused to carry out orders given by a person whose identity it does not consider to be sufficiently confirmed. Once an instruction has been given by the Customer or for his account, it may not be cancelled, withdrawn or changed without the express approval of the Bank. The Bank may, at its absolute discretion, refuse the instruction to carry out an operation given by the Customer or for his account, without having to give a reason nor being held responsible from any loss caused thereby.
2.2.3. The Customer must give promptly (and within the time limits stipulated by the Bank) such instructions as the Bank may request as regards any planned contract. If the Customer does not provide such instructions promptly, the Bank may, at its absolute discretion, take such measures as it shall deem appropriate, at the Customer's expense, for its own protection and that of the Customer. The Bank does not carry out orders for customers on non-business days.
2.2.4. The Customer undertakes to indemnify and to keep the Bank harmless from any liability, for and against any damages or losses that could occur as a result of the instructions conveyed through the afore-cited means.
2.2.5. Communications can be conveyed to the Customer by telephone, fax or e-mail and the addresses provided to the Bank for that purpose. Any communication by telephone, fax or e-mail shall be deemed to have been made or (where appropriate) delivered, upon being dispatched. The Customer must make sure that the Bank may communicate with him or his designated representative at all times via telephone, fax or e-mail.
At the Customer's specific request and expense, the Bank may try to re-enact, without any commitment on its part, the instructions or exchanges of communication.
The communications can be conveyed to the Bank at the address and telephone number provided for that purpose to the Customer, and shall be considered as having been duly made, only after they have been actually received by the Bank.
2.2.6. The Customer shall also be authorised to obtain information on his mobile account through the Bank's instant messaging service. The Customer takes due note of the fact that the Bank may refuse to provide information elements through instant messaging and/or suspend this service temporarily, if the Bank deems it necessary, in order to protect the security and confidential interests of the Customer.
2.2.7. Since e-mails and other means of communication based on the Internet (such as instant messaging) are usually transmitted by different countries through open structures that are accessible to anyone, the use of means of communication entails certain risks, in particular :
a) The lack of confidentiality (e-mails with attachments can be viewed and monitored without the person being aware thereof);
b) The modification or falsification of sender's addresses or content (for example, masked by false sender's addresses or incorrect information being disseminated);
c) Malfunctions in the systems and other transmission errors are likely to delay, deform, entail transmission errors or deletion of e-mails and attachments;
d) The existence of viruses, worms, etc. which are spread, without anyone being aware of it, by third parties through e-mails, which are likely to cause considerable damage;
e) Fraudulent use that entails harmful consequences because e-mails are intercepted by third parties.
The foregoing conditions shall apply also to any authorised agent appointed by the Customer.
2.2.8. The Customer is aware of the risks relating to these means of communication and shall release and discharge the Bank of any liability ensuing from their use. The Customer confirms that he must assume all the risks of abuse of these means of communications, such as undiscovered falsifications, errors, alterations, duplications, misunderstandings or losses that could occur following instructions given by one of the means of communication cited above.
2.3. Transaction monitoring
Each transaction concluded by the Bank with the Customer may be viewed through the Online Service provided by the Bank.
The record of transactions can be printed at all times from the Online Service provided by the Bank.
The Customer must verify continuously the content of each document received from the bank and all the transactions published on its online service. In the absence of obvious error, published documents and transactions shall be deemed to constitute conclusive proof of their content, unless the Customer should apprise the Bank of the contrary immediately after having had access to that information.
Any complaint by the Customer about the execution or non-execution of an order as well as any objection relating to a statement of account or deposit or any other communication sent by the Bank, must be presented immediately upon receipt of the information in question, but at the latest one day after date of said communication. Otherwise, the execution or non-execution of the order concerned as well as the statements and corresponding communications shall be deemed approved by the customer. In the event of a late complaint, the Customer shall assume any loss ensuing therefrom. If the Customer does not react in accordance with this clause within the accorded timeframe, the statements shall be deemed accepted. The express or tacit acknowledgement of a statement of account or deposit shall entail the approval of its different headings as well as any reservation expressed by the bank. Complaints must be lodged in writing by the Customer or his representative to the Bank's address for the attention of the General Manager. The Customer acknowledges that the Bank will not reply to any complaint that is not lodged in writing and/or is not signed by the complainant.
2.5. Rates and charges
The Bank will invoice the rates and charges for its services according to its list of rates and charges in force with which the Customer declares that he agrees. These rates and charges will be published on our website www.pepele.com.
The Customer expressly acknowledges that the Bank may pay remuneration to third parties, as customer support agents and/or external agents, the dealers under cooperation agreements. Such remuneration may be based on the volume of assets and/or charges relating to the transaction and the rates on any Customer transaction. The Customer will get special information from the Bank on all expenses or additional commission requested according to the consent granted.
The Customer understands and accepts that the Bank may receive all types of payment or other monetary benefits from third parties. These payments can be based on the volume of assets invested or may be based on the volume of transactions by customers. The customer accepts that such payments may be processed and retained by the Bank as compensation in addition to the payment made by Customer in exchange for the services provided by the Bank. The Bank shall not be required to disclose the nature or amount of payment received.
2.6. Performance of the services
Before placing an order for payment or transfer of money, the Bearer must make sure that there is credit on his Mobile account. If the balance of the account is less than the value of the purchase carried out or the amount transferred, the Bank will reject the order of payment or of transfer of money and the account will be debited with notification charges.
It is up to the Customer to make sure, before issuing an order of payment, that the supplier of goods or provider of services, is an authorised Agent of the Bank.
The charges and exchange rates are those of the date indicated on the Bank's website, in the Points of Sale or at Authorised Agents. The Customer who requests our services is required to consult and comply with them.
For an order of payment or of transfer to be executed, the Customer shall, during each request, use his PIN code as well as his telephone number. This order of payment or of transfer of money will be possible only if the PIN code and the telephone number are recognised by the central system in addition to the technical solutions put in place so as to approve the transactions.
2.7. Operations generated by the customer
The Customer will be solely responsible for all the transactions on the assets deposited with the Bank and shall take such decisions entirely at his own risk. The Customer recognises and accepts that the Bank may not be held responsible for any consequences which may ensue.
All actions of the Customer shall fall under his entire responsibility. The Customer hereby releases the Bank fully and in advance of any and all liability for all actions/omissions on his part. In particular, the Bank shall not be required to examine the Customer's instructions to verify their accuracy, appropriate character, frequency or scope. No responsibility shall be incurred by the Bank for any decision taken by the Customer and the Customer hereby expressly releases the Bank of any obligation to provide advice, information or warning whatsoever as regards actions or omissions on the part of the Customer.
2.8. Account / balance deposit / list of charges
The Customer shall have access to the balances of the accounts and to the statements through the Online and/or Mobile Service provided by the Bank. The Bank may, at its own discretion, send the account balances. The interest, charges and commissions shall be net. The taxes, dues or other expenses shall be borne by the Customer. The Bank and its authorised agents must be remunerated according to the scale of charges in force, modified from time to time by the Bank, particularly if the current terms and conditions of the monetary market are modified. It shall therefore inform the Customer by posting the respective information on its websites or by any other appropriate means.
3.1. General provision
The entire regulations for the operations of the TMB as well as the regulations relating to the granting of credit shall apply to the Pepele Mobile service for all operations carried out under said Pepele Mobiel Service, except with the prior express consent or exemption clause referred to below.
3.2. Deposit and delivery
3.2.1 Acceptance of assets
In general, the Bank shall accept :
a) Sums of money of all sorts;
3.2.2. Due diligence
The Bank undertakes to protect the assets that it holds in a safe place with the same degree of diligence as for its own assets.
Subject to compliance with particular warnings or constraining legal provisions, the customer shall be authorised to require at all times that assets on deposit be provided or made available on the basis of the rules concerning the management of cash in accordance with the general regulations for applicable operations.
3.2.4.Forms of deposit
The bank shall be expressly authorised to entrust the custody of assets to a third party for the account and at the risk of the customer. Barring instructions to the contrary, the bank shall be authorised to keep the securities by types, to have them kept by third parties or to keep them in a centralised location for collective deposits. If the assets are held in a collective deposit in the DRC, the Customer shall have a right of co-ownership based on the ratio between the value of the assets deposited by it and the total value of the collective deposit fund. This shall not apply to assets which have to be kept separately for specific reasons.
The bank as well as the customer shall be authorised to terminate this agreement in writing at all times without having to specify the reason. The termination of this agreement shall put an end to the customer's right to use the installations and any software placed at his disposal by the bank. During or after the termination, the Bank shall be entitled (but not required) to liquidate all or part of the current contract in force on the date of termination and the terms of this agreement shall continue to bind the two parties as regards such contracts. In case of death, liquidation or bankruptcy of the Customer or any other similar cause, the Bank may put an end to the relationship effective immediately without notice. The Bank must then close the orders and transactions of the Customer and keep the investments under custody until instructions are provided to the Bank by the competent authority.
3.4. Indemnification and limitation of responsibility
By these presents, the Customer undertakes to indemnify the Bank and hold it harmless against all losses, expenses, charges (including legal expenses) and all dues, direct or indirect, resulting from the Bank's proper performance of its obligations or application of its rights in accordance with these Terms and Conditions and Regulations, or by reason of violations of any applicable condition by the Customer.
These indemnities shall be due in addition to any other duty, compensation or claim that the Bank may have by virtue of the general law and must not be affected by any variation or limitation of these Terms and Conditions and Regulations. These indemnities shall survive the termination of the Terms and Conditions and Regulations.
The bank shall be authorised to amend the provisions of this agreement as well as the services it provides unilaterally and at all times. Such amendments shall be communicated to the customer by appropriate means. Unless contested by the Customer in writing, the amendments shall be deemed approved. By continuing to use the services provided by the Bank, the Customer acknowledges that he accepts the changes communicated.
3.6. Reservation of legal regulations
All the legal and regulatory provisions and other sets of applicable regulations, current or future, in the sector of banking services, data protection, the prevention of money laundering or the operation and use of the Internet and/or mobile services or any other applicable regulation in connection with the services proposed by the bank shall apply to the services provided by the bank as of the date that they enter into force.
All the transactions in the Customer's accounts shall be subject to the rules, constitution, regulations, supervisions, customs and established practices of the country and its central bank, where necessary, where these operations are carried out or cleared by the bank or its agents, including, but not limited to, its subsidiaries and companies affiliated with the Bank.
3.7. Emergency and cases of force majeure
The Customer acknowledges that the rules of the market usually reserve wide powers in case of emergency or other unfavourable situation, and the Customer agrees that if a market or any other organisation were to carry out any action that affects a contract, the Bank may, at its discretion, take all such measures as it deems desirable in the interest of the Customer and/or the Bank. The Bank shall not be held liable for the actions or omissions of any market or any organisation or any measure reasonably taken by the Bank following such actions or omissions. The Bank may, if it should deem it reasonable, decide that a case of emergency or exceptional market conditions exist ("force majeure") and shall take, in good time, reasonable measures to inform the Customer.
3.7.2. Force majeure
Cases of force majeure shall be considered to be in particular :
a) Any action, event or circumstance (including, in particular any interruption of the supply of electric power, or failure of electronic equipment or telecommunication, strike, riot, or civil or public disorder) which, in the opinion of the Bank, prevent it to maintain a well ordered market in one or more currencies to which contracts that the Bank usually offers to the Customer pertain;
b) The suspension or closing of any market or abandonment or absence of an event on which the Bank bases, or in accordance with which it determines, its exchange rates, or the imposition of limits or special or unusual conditions for transactions in such a market or such an event; or
c) The occurrence of an excessive movement of an exchange rate and/or the corresponding market.
3.8. Disclosure of information and bank secret
In its capacity as a bank in accordance with the Banking Act, the Bank shall be subject to bank secrecy. The Bank shall therefore be required to observe the strictest discretion concerning all business relations with the Customer, even after the termination of the customer's relationship with the Bank.
Nevertheless, by concluding this agreement, the Customer authorises the Bank to disclose information relating to the Customer, when it is required by any law, legal authority or regulation, without prior notification to the Customer.
3.8.1. Money laundering act
The applicable legislation is Act of the Democratic Republic of Congo (DRC) concerning the fight against Money Laundering and the Financing of Terrorism. The Customer is aware that the Bank must comply with the laws on the prevention of money laundering and the financing of terrorism. The Customer undertakes to provide the Bank with exhaustive and precise information including in particular the identity of contractual partners, the identification of the beneficiary and the origin of the assets.
3.8.2. Request for information
The Bank shall also have the right to ask the Customer to provide information concerning the circumstances or background of a given transaction. In such a case, the Customer shall be required to provide the requested information immediately. As long as the Customer has not provided the information requested by the Bank, the latter shall have the right to refuse to carry out the instructions received from the Customer and in particular not to follow his instructions concerning the transfer of assets. If the Bank should deem that the information provided is unsatisfactory or insufficient, it shall be entitled, at its discretion, to put an end to its business relationship with the Customer and to prohibit the latter from withdrawing assets. Furthermore, the Bank may, pursuant to the provisions of the legislation on the banking sector in the DRC, submit a report to the competent authorities in charge of proceedings and suspend the relationship with the Customer as a precautionary measure, until the authorities have ruled on the case in question.
Insofar as the Bank acts in accordance with the provisions and instructions set out in the relevant legislation in the DRC for the prevention of money laundering and in accordance with the directives and circulars of the Regulatory Authority, the Customer shall bear the losses resulting from the non-execution or delayed execution of instructions.
The Bank and the Customer shall be entitled to terminate this contract in writing at all times without having to give any reasons. The termination of this contract shall put an end to the Customer's right to use the facilities and any software placed at his disposal by the bank. During the term and after the termination, the Bank shall be entitled (but not required) to liquidate all or part of any contract in progress on the date of termination, and the terms of this contract shall continue to bind the two parties as regards said contracts. In case of death, liquidation or bankruptcy of Customer or any other such cause, the Bank may put an end to the business relationship effective immediately without notice. The Bank must then close the orders and transactions of the Customer and keep the investments in custody until instructed what to do by the competent authority.
4.2. Disruption of the service
The Bank shall, without having to serve notice or ask the prior authorisation of the Customer, be entitled to liquidate all or part of the contract, and realise the Customer's securities held be the Bank, as soon as or at all times after one of the following events should occur :
4.2.1. The Customer fails to make any payment due under the terms of the Conditions and Regulation on the due date;
4.2.2. The Customer fails to comply or perform all or part of any of the provisions of the Conditions or Regulations or commits a substantial violation of the declarations, guarantees or commitments;
4.2.3. The Customer dies, is declared absent or becomes mentally deficient;
4.2.4. An application to have the customer declared bankrupt is submitted or, if he is part of a company, one or more of his partners, or if it is a company where the responsibility of partners is limited, measures are taken by it or proceedings initiated or protection is sought under the regime of any law applicable to the restructuring due to bankruptcy or any insolvency law, by the Customer or against him, including in a non-limited capacity, the taking of any measure to appoint a bankruptcy trustee, a liquidator, a receiver or similar agent having to be appointed for its assets or liabilities or any part of them;
4.2.5. A request is submitted for the dissolution and/or liquidation of the Customer;
4.2.6. An ordinance is pronounced or a resolution adopted to proceed to the dissolution or the liquidation of the Customer (otherwise than for the needs of restructuring or merger in good faith);
4.2.7. The Customer convenes a meeting to make a proposal for liquidation or any winding up arrangement for the benefit of its creditors (other than for the needs of restructuring or merger in good faith);
4.2.8. A distrait or provisional or definitive procedure or another procedure is carried out against any of the Customer's assets and is not put aside, levied or paid within the period of seven days;
4.2.9. Any surety or mortgage created by the Customer becomes enforceable and measures are taken by the mortgagee or by the creditor to assert the surety;
4.2.10. Any debt of the Customer or any of his subsidiaries becomes immediately due and payable, or is capable of being thus declared and payable, before its fixed due date because of non-performance by the Customer (or any of his subsidiaries) or if the Customer (or any of his subsidiaries) fails to settle any debt on the due date;
4.2.11. The Bank or the Customer is requested to have a contract (or any part of a contract) liquidated by any regulatory authority or agency;
4.2.12. The Bank considers that this is reasonably necessary for its own protection. Without prejudice to all the other rights that the Bank may have, it shall be entitled to combine or consolidate the accounts held the Customer with the Bank, without exception, to offset any amount payable to it at all times by the Customer by any amount payable to the Customer by the Bank. Any guarantee or indemnity given to the Bank by the Customer shall extend, irrespective of the object, to any amount payable by the Customer after the exercise of such an offsetting right.
By these presents, the Customer undertakes to indemnify the Bank and to hold the Bank harmless against all losses, expenses, charges
(including legal fees) and any and all direct or indirect dues resulting from the proper performance, by the Bank, of its obligations,
or the application of its rights in accordance with these Terms and Conditions and Regulations, or by reason of the violation of any
applicable condition on the part of the Customer.
These indemnities shall be due in addition to any other entitlements, indemnities or claims that the Bank may have by virtue of the general law and must not be affected by any variation or limitation of these Terms and Conditions and Regulations. These indemnities shall survive the termination of these Terms and Conditions and Regulations.
The bank shall be entitled at all times to amend unilaterally the provisions of this agreement as well as the services it provides. Such
amendments shall be communicated to the customer by appropriate means. Except where contested by the Customer in writing, such amendments
shall be deemed approved. By continuing to use the services provided by the Bank, the Customer acknowledges that he accepts the changes
These General Terms and Conditions and Deposit Regulations shall be governed by Congolese law unless expressly stipulated to the contrary. The
place of performance and the place of jurisdiction for any proceedings whatsoever, including for the Customer residing abroad, shall be
Lubumbashi, in the DRC, at the address of the Bank's registered office. The Bank nonetheless reserves the right to introduce proceedings
in Customer's country of residence or before any other competent court.
The law of the DRC shall apply at all times.