Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. • The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. • THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. • Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. • To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. • All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. • In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. • THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:

Appears in 5 contracts

Samples: Banking Products and Services Agreement, Banking Products and Services Agreement, Banking Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. •  The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. •  If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. •  THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. •  THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. •  THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. •  When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. •  In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. •  The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. •  To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. •  The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: •  Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:

Appears in 5 contracts

Samples: Banking Products and Services Agreement, Banking Products and Services Agreement, Banking Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. •  The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. •  If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. •  THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. •  THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. •  THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. •  When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. •  In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:four

Appears in 1 contract

Samples: Banking Products and Services Agreement

Scope of the Service. It is ~~hereby~~ understood that the Clave Debit Card service is just ~~another~~ one more way to allow ~~Customers~~ Clients access to their ~~checking~~ current or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in ~~Automated Teller Machines (ATMs)~~ ATMs and Points of Sale, ~~shall~~ will be limited to the ~~account(s~~account (s) that THE ~~CUSTOMER~~ CLIENT has authorized to relate to this service, which is governed by these Conditions and Regulations, ~~to the extent that~~ insofar as they do are not in conflict with the rules contained in the ~~checking~~ current account and savings ~~account~~ regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to ~~perform~~ carry out the following at ~~Automated Teller Machines~~ATMs: cash withdrawal, purchase of pg. 22 Rev. 06/13/2017 prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to ~~affiliated private~~ companies’ Private affiliates, transfer between accounts, consultation of accounts and donations; Also purchases at ~~Points~~ points of ~~Sale~~ sale of ~~nationwide~~ merchants affiliated ~~businesses~~nationwide. •  THE BANK ~~shall~~ will debit or credit to the Related Account (s) the ~~transaction(s~~transaction (s) made by THE ~~CUSTOMER by using~~ CLIENT through the use of his Card. At the time of using the ~~Automated Teller Machine~~ATM, it is the responsibility of the ~~CUSTOMER~~ CLIENT to wait for the transaction to be completed. •  Transactions ~~performed~~ made with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days ~~shall~~ will be recorded on the next ~~banking~~ bank business day. •  To use the ~~Automated Teller Machine~~ ATM and Point of Sale service, THE BANK ~~shall~~ will provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to ~~keep~~ guard it and not to disclose ~~the PIN~~ to another ~~person(s)~~person (s) the PIN, being therefore directly responsible to THE BANK for the ~~improper use~~ misuse of said Card and ~~for~~ of all the transactions that ~~are performed~~ take place with this Card in ~~Automated Teller Machines~~ ATMs and Points of Sale. •  All transactions carried out at ~~Automated Teller Machines~~ ATMs and ~~/or~~ / or Points of Sale ~~by using~~ through the use of the Clave Card are understood ~~as performed~~ to be made by or authorized by the ~~CUSTOMER~~CLIENT. In ~~the event~~ case of loss or theft, the ~~CUSTOMER~~ CLIENT is obliged to give immediate notice to the Bank and ~~shall~~ will be responsible for the use ~~made~~ that a third party of the ~~same by a third party~~same, with false signature or ~~without false signature~~without, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in on a form provided by THE BANK. •  In ~~the event~~ case of forgetting the PIN, THE ~~CUSTOMER~~ CLIENT may request a new one, at any THE BANK ~~branches~~ branch at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior ~~notice~~notification. •  THE BANK ~~shall~~ will establish the daily limits of the transactions that are ~~performed~~ carried out through the local ~~Automated Teller Machines~~ ATMs (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the ~~account(s~~account (s) related to the Card. •  The Card is ~~not~~ non-transferable and ~~it is~~ owned by THE BANK and may be canceled or retained by THE ~~BANK~~ BANK, at any time and without prior notice. •  If the Related ~~Account(s~~Account (s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the ~~Customers shall~~ Clients will be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in ~~connection with~~ relation to the Related ~~Account(s~~Account (s), it being understood that the reference in this Regulation to the "Customer" ~~in this Regulation~~ shall be understood as a reference to each of them. •  THE ~~CUSTOMER may~~ CUSTOMER, under his responsibility and risk, may request the Bank, who ~~depending on~~ may or may not according to the type of Card, ~~may or may not~~ issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at ~~Automated Teller Machines~~ATMs, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, ~~and~~ insurance and for all transactions made with the Card. •  THE BANK ~~shall~~ will not be ~~liable~~ responsible in any case for deficiencies due to the lack of electrical fluid or mechanical ~~malfunction~~ or force majeure of any of the ~~Automated Teller Machines~~ ATMs and ~~Points~~ points of ~~Sale~~sale. THE BANK ~~shall~~ will not be responsible for the merchandise or service purchased by THE ~~CUSTOMER~~CLIENT, any discrepancy ~~shall~~ will be treated directly between THE ~~CUSTOMER~~ CLIENT and the ~~business in which~~ trade where the transaction was ~~performed~~carried out. •  THE ~~CUSTOMER shall~~ CLIENT will accept the physical and logical ~~records~~ registers left by the ~~Automated Teller Machines TM~~ ATM and ~~/or~~ / or the ~~Points~~ Point of Sale when the transaction is made in ~~such~~ said equipment. If for any reason the ~~amount~~ sum of money received in ~~Automated Teller Machines~~ ATMs differs from more than the ~~amount~~ one recorded on the receipt, THE BANK may charge the bank ~~account(s~~account (s) of THE ~~CUSTOMER~~ CLIENT for the difference between the two figures. •  When a Customer ~~desires~~ wishes to make a claim to the Bank for any ~~Automated Teller Machine~~ ATM and / or Point of Sale transactions that he it deems to be incorrect, ~~he shall~~ it must submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of ~~the~~ The claimed transaction; After this period the claim ~~shall~~ will not be accepted by THE BANK. •  In ~~the event~~ case of payment to public services or other commitments, THE ~~CUSTOMER~~ CLIENT is ~~fully~~ totally responsible for the payments (amount to ~~be paid~~pay, date on which the payments are ~~performed~~made). THE CUSTOMER agrees to make payments to public services or other commitments for at least three (3) or four (4) business days ~~in advance of~~ prior to the expiration date indicated on the service ~~invoices~~receipts. Therefore, THE ~~CUSTOMER~~ CLIENT waives any ~~claims~~ claim (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. ~~• The holder(s~~ Cardholder (s) ~~of Cards to~~ in the name of ~~juridical persons~~ legal entities (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole ~~fact~~act, are bound together with THE ~~CUSTOMER Holder~~ CLIENT Owner of the Related Bank Account, to respond for all obligations ~~deriving~~ arising from the use of ~~such~~ said Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, ~~definitive~~ final and ~~demandable~~ enforceable the ~~liquidation to be~~ settlement made by THE BANK in ~~connection with~~ respect of the ~~owed amount~~amount owed, and shall also ~~undertake~~ be obligated to pay to the Bank all ~~of the~~ The charges (including interest and costs of judicial or extrajudicial collection) ~~resulting~~ that result from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess ~~of the~~ balance of available funds ~~available~~ in the respective ~~account(s~~account (s) related by ~~transactions~~ Transactions or commissions, in any account that THE ~~CUSTOMER~~ CLIENT maintains ~~with~~ in THE BANK, any funds that THE BANK pg. 23 Rev. 06/13/2017 has or ~~could~~ may have in the future to the credit of THE ~~CUSTOMER~~ CLIENT or that otherwise are ~~otherwise~~ in the ~~possession~~ power of THE BANK by reason of deposits or in any other concept. ~~• To~~  For all legal effects, including ~~release of execution~~execution release, THE ~~CUSTOMER~~ CLIENT accepts as ~~accurate~~ correct the amounts ~~appearing~~ indicated in the ~~listing of~~ Audit, books or other ~~registers~~ records of THE BANK ~~in connection with~~ regarding the use of the Card and that the certificate ~~to be~~ issued by THE BANK, in ~~connection with~~ relation to the debit balance, ~~as the case may be~~if applicable, ~~shall~~ will provide executive merit, and the ~~Customer~~ Client shall present evidence to the contrary. Likewise, THE ~~CUSTOMER~~ CLIENT declares that he / she waives the domicile and the proceedings of the executive ~~lawsuit~~ judgment in the event that THE BANK ~~has to appeal~~ must resort to the courts to ~~enforce~~ assert its rights. ~~• The~~  According to the Criminal ~~Code,~~ Code in its Chapter VI (MONEY LAUNDERING) ~~Articles~~ article 389 and 390 establishes ~~as follows~~the following: •  Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, ~~aware~~ knowing that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, ~~human trafficking~~Trafficking in persons, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, ~~stipulated~~ provided for in Panamanian criminal law, in order to conceal or ~~hide~~ conceal their ~~unlawful~~ illicit origin or to help avoid legal consequences of Of such punishable acts, shall be punished with a penalty of ~~prison from~~ 5 to 12 years in prison and 100 to 200 days-fines. Article 390: It will be sanctioned with the same penalty referred to in the previous ~~article shall be~~article:

Appears in 1 contract

Samples: Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. •  The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. •  If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers pg. 23 Rev. 06/06/2018 shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. •  THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. •  THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. •  THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. •  When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. •  In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. •  The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. •  To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. •  The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:

Appears in 1 contract

Samples: Banking Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:.

Appears in 1 contract

Samples: Banking Products and Services Agreement

Scope of the Service. It is ~~hereby~~ understood that the Clave Debit Card service is just ~~another~~ one more way to allow ~~Customers~~ Clients access to their ~~checking~~ current or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in ~~Automated Teller Machines (ATMs)~~ ATMs and Points of Sale, ~~shall~~ will be limited to the ~~account(s~~account (s) that THE ~~CUSTOMER~~ CLIENT has authorized to relate to this service, which is governed by these Conditions and Regulations, ~~to the extent that~~ insofar as they do are not in conflict with the rules contained in the ~~checking~~ current account and savings ~~account~~ regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to ~~perform~~ carry out the following at ~~Automated Teller Machines~~ATMs: cash withdrawal, purchase of pg. 22 Rev. 03-27-2017 prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to ~~affiliated private~~ companies’ Private affiliates, transfer between accounts, consultation of accounts and donations; Also purchases at ~~Points~~ points of ~~Sale~~ sale of ~~nationwide~~ merchants affiliated ~~businesses~~nationwide. •  THE BANK ~~shall~~ will debit or credit to the Related Account (s) the ~~transaction(s~~transaction (s) made by THE ~~CUSTOMER by using~~ CLIENT through the use of his Card. At the time of using the ~~Automated Teller Machine~~ATM, it is the responsibility of the ~~CUSTOMER~~ CLIENT to wait for the transaction to be completed. •  Transactions ~~performed~~ made with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days ~~shall~~ will be recorded on the next ~~banking~~ bank business day. •  To use the ~~Automated Teller Machine~~ ATM and Point of Sale service, THE BANK ~~shall~~ will provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to ~~keep~~ guard it and not to disclose ~~the PIN~~ to another ~~person(s)~~person (s) the PIN, being therefore directly responsible to THE BANK for the ~~improper use~~ misuse of said Card and ~~for~~ of all the transactions that ~~are performed~~ take place with this Card in ~~Automated Teller Machines~~ ATMs and Points of Sale. •  All transactions carried out at ~~Automated Teller Machines~~ ATMs and ~~/or~~ / or Points of Sale ~~by using~~ through the use of the Clave Card are understood ~~as performed~~ to be made by or authorized by the ~~CUSTOMER~~CLIENT. In ~~the event~~ case of loss or theft, the ~~CUSTOMER~~ CLIENT is obliged to give immediate notice to the Bank and ~~shall~~ will be responsible for the use ~~made~~ that a third party of the ~~same by a third party~~same, with false signature or ~~without false signature~~without, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in on a form provided by THE BANK. •  In ~~the event~~ case of forgetting the PIN, THE ~~CUSTOMER~~ CLIENT may request a new one, at any THE BANK ~~branches~~ branch at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior ~~notice~~notification. •  THE BANK ~~shall~~ will establish the daily limits of the transactions that are ~~performed~~ carried out through the local ~~Automated Teller Machines~~ ATMs (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the ~~account(s~~account (s) related to the Card. •  The Card is ~~not~~ non-transferable and ~~it is~~ owned by THE BANK and may be canceled or retained by THE ~~BANK~~ BANK, at any time and without prior notice. •  If the Related ~~Account(s~~Account (s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the ~~Customers shall~~ Clients will be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in ~~connection with~~ relation to the Related ~~Account(s~~Account (s), it being understood that the reference in this Regulation to the "Customer" ~~in this Regulation~~ shall be understood as a reference to each of them. •  THE ~~CUSTOMER may~~ CUSTOMER, under his responsibility and risk, may request the Bank, who ~~depending on~~ may or may not according to the type of Card, ~~may or may not~~ issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at ~~Automated Teller Machines~~ATMs, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, ~~and~~ insurance and for all transactions made with the Card. •  THE BANK ~~shall~~ will not be ~~liable~~ responsible in any case for deficiencies due to the lack of electrical fluid or mechanical ~~malfunction~~ or force majeure of any of the ~~Automated Teller Machines~~ ATMs and ~~Points~~ points of ~~Sale~~sale. THE BANK ~~shall~~ will not be responsible for the merchandise or service purchased by THE ~~CUSTOMER~~CLIENT, any discrepancy ~~shall~~ will be treated directly between THE ~~CUSTOMER~~ CLIENT and the ~~business in which~~ trade where the transaction was ~~performed~~carried out. •  THE ~~CUSTOMER shall~~ CLIENT will accept the physical and logical ~~records~~ registers left by the ~~Automated Teller Machines TM~~ ATM and ~~/or~~ / or the ~~Points~~ Point of Sale when the transaction is made in ~~such~~ said equipment. If for any reason the ~~amount~~ sum of money received in ~~Automated Teller Machines~~ ATMs differs from more than the ~~amount~~ one recorded on the receipt, THE BANK may charge the bank ~~account(s~~account (s) of THE ~~CUSTOMER~~ CLIENT for the difference between the two figures. •  When a Customer ~~desires~~ wishes to make a claim to the Bank for any ~~Automated Teller Machine~~ ATM and / or Point of Sale transactions that he it deems to be incorrect, ~~he shall~~ it must submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of ~~the~~ The claimed transaction; After this period the claim ~~shall~~ will not be accepted by THE BANK. •  In ~~the event~~ case of payment to public services or other commitments, THE ~~CUSTOMER~~ CLIENT is ~~fully~~ totally responsible for the payments (amount to ~~be paid~~pay, date on which the payments are ~~performed~~made). THE CUSTOMER agrees to make payments to public services or other commitments for at least three (3) or four (4) business days ~~in advance of~~ prior to the expiration date indicated on the service ~~invoices~~receipts. Therefore, THE ~~CUSTOMER~~ CLIENT waives any ~~claims~~ claim (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. ~~• The holder(s~~ Cardholder (s) ~~of Cards to~~ in the name of ~~juridical persons~~ legal entities (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole ~~fact~~act, are bound together with THE ~~CUSTOMER Holder~~ CLIENT Owner of the Related Bank Account, to respond for all obligations ~~deriving~~ arising from the use of ~~such~~ said Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, ~~definitive~~ final and ~~demandable~~ enforceable the ~~liquidation to be~~ settlement made by THE BANK in ~~connection with~~ respect of the ~~owed amount~~amount owed, and shall also ~~undertake~~ be obligated to pay to the Bank all ~~of the~~ The charges (including interest and costs of judicial or extrajudicial collection) ~~resulting~~ that result from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess ~~of the~~ balance of available funds ~~available~~ in the respective ~~account(s~~account (s) related by ~~transactions~~ Transactions or commissions, in any account that THE ~~CUSTOMER~~ CLIENT maintains ~~with~~ in THE BANK, any funds that THE BANK pg. 23 Rev. 03-27-2017 has or ~~could~~ may have in the future to the credit of THE ~~CUSTOMER~~ CLIENT or that otherwise are ~~otherwise~~ in the ~~possession~~ power of THE BANK by reason of deposits or in any other concept. ~~• To~~  For all legal effects, including ~~release of execution~~execution release, THE ~~CUSTOMER~~ CLIENT accepts as ~~accurate~~ correct the amounts ~~appearing~~ indicated in the ~~listing of~~ Audit, books or other ~~registers~~ records of THE BANK ~~in connection with~~ regarding the use of the Card and that the certificate ~~to be~~ issued by THE BANK, in ~~connection with~~ relation to the debit balance, ~~as the case may be~~if applicable, ~~shall~~ will provide executive merit, and the ~~Customer~~ Client shall present evidence to the contrary. Likewise, THE ~~CUSTOMER~~ CLIENT declares that he / she waives the domicile and the proceedings of the executive ~~lawsuit~~ judgment in the event that THE BANK ~~has to appeal~~ must resort to the courts to ~~enforce~~ assert its rights. ~~• The~~  According to the Criminal ~~Code,~~ Code in its Chapter VI (MONEY LAUNDERING) ~~Articles~~ article 389 and 390 establishes ~~as follows~~the following: •  Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, ~~aware~~ knowing that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, ~~human trafficking~~Trafficking in persons, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, ~~stipulated~~ provided for in Panamanian criminal law, in order to conceal or ~~hide~~ conceal their ~~unlawful~~ illicit origin or to help avoid legal consequences of Of such punishable acts, shall be punished with a penalty of ~~prison from~~ 5 to 12 years in prison and 100 to 200 days-fines. Article 390: It will be sanctioned with the same penalty referred to in the previous ~~article shall be~~article:

Appears in 1 contract

Samples: Banking Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. •  The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. •  If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. •  THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. •  THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. •  THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. •  When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. •  In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. •  The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. •  To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. •  The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:

Appears in 1 contract

Samples: Banking Products and Services Agreement

Scope of the Service. It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. •  The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. •  THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. •  Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. •  To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. •  All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. •  In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. •  THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. •  The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. •  If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers pg. 23 Rev. 27/11/2017 shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. •  THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. •  THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. •  THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. •  THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. •  When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. •  In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. •  The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. •  THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. •  To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. •  The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:

Appears in 1 contract

Samples: Banking Products and Services Agreement

Common use of Scope of the Service Clause in Contracts