General Terms and Conditions for Corporate Netbank, страница 2

The Customer may, subject to the Bank's approval in relation to each Connected Party, by virtue of powers of attorney represent Connected Parties via Corporate Netbank. The Bank is entitled to limit the Connected Parties to a reasonable number.

A power of attorney or a change in or a revocation of an existing power of attorney must be in a form specified by the Bank.

Such new power of attorney, change or revocation will take effect when it has been registered in the Bank's system.

Such registration must be carried out within a reasonable time and, in respect of a limitation or revocation of an existing power of attorney, at the latest by the end of the third Banking day following receipt of a written notice containing the limitation or revocation.

If, in a power of attorney relating to a Connected Service or in any other document, the Customer has been given authority to represent a Connected Party in a certain respect, such authority may also be used via Corporate Netbank subject to the Bank's approval.

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7. Security instructions

Both the Customer and the Bank are responsible for ensuring adequate data security in their respective computer systems and for ensuring that the systems are protected against unauthorised use in a reliable manner.

The Customer undertakes to comply with the security instructions notified from time to time by the Bank regarding the use of Corporate Netbank and the security instructions notified from time to time by the provider of the Means of Identification. Certain security instructions are contained in Schedule 3 to this Agreement. The Customer must ensure that each authorised Administrator or User will comply with the security instructions.

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8. Bank secrecy

The Customer grants the Bank and all other Nordea Companies consent to disclose and process information regarding the Customer within the Nordea Group.

The Customer grants the Bank consent to disclose the Customer's identity and the relevant Administrator's or User's identity and authority to act on behalf of the Customer together with any other relevant information to a Service Provider, to the extent that it is necessary for the fulfilment of this Agreement or for the provision of any Connected Service.

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9. Binding communication and processing of the Customer's instructions

The Bank and any Service Provider are entitled to rely and act on a Message as received by the Bank, and the Customer is bound by such Message towards the Bank and the Service Provider provided that the Message was identified and authenticated by the Bank as having been sent by using an Administrator's or a User's Means of Identification. This applies notwithstanding that the Administrator or the User did in fact not send the Message (eg due to misuse of the Means of Identification).

When a Message, fulfilling the requirements set out in clause 9.1 above, has been received by the Bank, the Bank must within a reasonable time process the Message and/or forward it to the relevant Service Provider. A Service Provider's obligation to process a Message starts, if not otherwise agreed, when it has been received by the Service Provider.

The Bank will not verify the rationale or the sense of such Message.

The Bank or a Service Provider is entitled to postpone the performance of a service requested via Corporate Netbank where, in the Bank's or the Service Provider's reasonable opinion, there are grounds to take measures to identify or authenticate the User, ascertain the User's authority or verify the Message.

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10. Fees and charges

The fees and charges for Corporate Netbank are set out in the Bank's price list.

Fees and charges for Corporate Netbank will be charged according to one of two charging principles: centralised charging or decentralised charging. If centralised charging is applied for a fee, the fee will be charged to the Customer. If decentralised charging is applied, the fee will be charged to the party, either the Customer or a Connected Party, to which the fee relates according to the price list. The principle applicable to each specific fee is specified in Schedule 1.

The Connected Services are separate services and accordingly fees and charges for those services are subject to the agreements for those services.

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11. Availability

Corporate Netbank will be accessible to the Customer during the hours applied by the Bank from time to time

The Bank must inform the Customer of the applicable hours.

The Bank is entitled to suspend the Customer's access to Corporate Netbank:
- for software updates, system maintenance, alterations or other corresponding reasons;
- if the hardware, software or data communication used by the Customer endanger the security of Corporate Netbank;
- if the Bank or any Service Provider is suffering from power interruptions, interruptions in telecommunication services or other similar problems;
- if, in the Bank's reasonable opinion, there is a clear risk that the Bank, its customers or any Service Provider may suffer damage or loss as a consequence of the continued provision of the service;
- if the Bank suspects unauthorised use or recognises repeated unsuccessful attempts to log on; or
- if the Bank is entitled to terminate this Agreement with immediate effect according to clause 13.4.

Where the Bank can foresee a suspension, the Bank must inform the Customer within a reasonable time prior to the suspension. In case of unforeseen suspension, the Bank must inform the Customer as soon as possible. The Bank is not obliged to notify the Customer of suspensions that may reasonably be assumed to be of only minor significance to the Customer. 

The opening hours for the Connected Services may be limited compared to the opening hours for Corporate Netbank.