6.1
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.
6.2
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.
6.3
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
7.1
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.
7.2
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
8.1
The Customer grants the Bank and all other Nordea Companies consent to disclose
and process information regarding the Customer within the Nordea Group.
8.2
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
9.1
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).
9.2
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.
9.3
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
10.1
The fees and charges for Corporate Netbank are set out in the Bank's price
list.
10.2
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.
10.3
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
11.1
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.
11.2
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.
11.3
The opening hours for the Connected Services may be limited compared to the
opening hours for Corporate Netbank.
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