SEC Bank

TERMS AND CONDITIONS

ATM DEBIT CARDS

The following terms and conditions (“Terms & Conditions”) shall govern the issuance and use of the Card. By applying for and using the Card, the Cardholder hereby agrees as follows:

1.Definition of Terms

“Account/s” shall mean current and/or savings deposit account/s (single or multiple) opened and maintained by the Cardholder with SECBANK and with respect to which, the Card is issued/linked.

“ATM Network Participant/s” shall mean banks and other financial institutions that are, or in the future be, members or affiliates of BancNet, or such other ATM networks or affiliations that will allow SECBANK ATM Debit Cards in their ATM systems and facilities.

“Card” shall mean SECBANK ATM Debit Card and such other ATM Debit Cards that may be issued or acquired by SECBANK in the future.

“Cardholder” shall mean the person who maintains current/savings deposit account/s with SECBANK and in whose name, the Card is issued.

“PIN” / “Personal Identification Number” shall mean a personalized digit code used to access the ATM and make ATM/POS transactions.

2.Card Activation/Authentication Process

2.1.
To first activate the Card, the Cardholder is required to insert the Card in a SECBANK designated ATM card slot and enter his/her self-nominated PIN in the ATM.
2.2.
The PIN is strictly confidential and should not be disclosed, given to or made available for use by any other person under any circumstances, including SECBANK. Withdrawal, transfer, deposit, payment of funds, and any other transactions entailing the use of the Card shall in all circumstances and at all times, whether with or without the Cardholder’s authorization, be conclusively binding upon the Cardholder.
2.3.
SECBANK shall have no liability whatsoever for any loss or damage incurred by the Cardholder arising from any breach of or non-compliance with the provisions of Sections 2.1 and 2.2 hereof.

3.Card Usage/Ownership

The Card is for the exclusive use of the Cardholder and is not transferable. The Card may be linked to single or multiple Accounts of the same currency, and in case of the latter, subject to a maximum number of Accounts and a maximum number of Cards per Account as may be allowed by SECBANK. The Card shall be used only for lawful banking and other transactions allowed by SECBANK with respect to the Account (i.e., Automated Teller Machine [“ATM”] transactions, Point of Sale [“POS”] debit/purchase transactions, payments at Online/Web Merchants). It may be used on SECBANK’s and/or ATM Network Participants’ ATMs, cash dispensers, POS terminal networks, payment page of Online/Web Merchants and/or other electronic devices. The Cardholder agrees to sign the Card immediately upon receipt thereof and to keep the Card in a secure and safe place. The Card is the property of SECBANK and SECBANK may at any time, without prior notice and without the need to give any reason, therefore, terminate the use of, cancel, repossess, or decline to issue, renew, or replace the Card. SECBANK may cause the ATM to retain the Card automatically or suspend any services at any time without notice to the Cardholder. The Cardholder agrees to return the Card to SECBANK upon the latter’s request. The card is valid for ten (10) years from card issuance and shall be subject to replacement initiated by the cardholder upon expiry.

4.Card Transactions

4.1.
Deposits to the Account made through the use of the Card shall be credited to the Account only after verification by SECBANK the date of which may or may not be the same as the date when the deposit was actually made. The amount verified by SECBANK shall be conclusively and irrefutably deemed to be the correct amount deposited by the Cardholder to his/her Account.
4.2.
The receipt which is electronically generated at the time the deposit is made prima facie represents the amount deposited to the Account and shall not bind SECBANK until verified as true and correct by SECBANK.
4.3.
In accepting transactions of Cardholders with third parties with the use of the Card through the ATM, such as bills payments, POS purchases, airtime reloads and the like, SECBANK merely serves as a conduit between the Cardholder and the payee and SECBANK shall not be held liable for any action or claim which may arise between the payee and the Cardholder, the latter hereby agreeing to hold the Bank free and harmless there from. The Cardholder accepts full responsibility for all transactions made with the use of the Card [with or without his/her knowledge or authority, with or without his/her signature or PIN]. All transactions using the Card shall be deemed by SECBANK as having been made with the knowledge of or authorized by, the Cardholder and shall be valid and binding upon the Cardholder. The Cardholder accepts SECBANK’s  record of transactions as conclusive and binding for all purposes in the absence of manifest error. The Cardholder further agrees to waive any and all rights and remedies against SECBANK in connection therewith.

5.Cardholder’s Responsibilities

In order to help ensure security in Card transactions and personal information, the Cardholder agrees to strictly comply with the following security measures, as may be amended or supplemented by SECBANK from time to time:

5.1.
Sign on the signature panel at the back of the card
5.2.
Nominate a Personal Identification Number (PIN) as soon as Card is received.
5.3.
Do not use birth date as PIN.
5.4.
Keep Card Number, PIN and Card Security Code confidential.
5.5.
Regularly change PIN especially when using the Card at other bank’s ATM, local or abroad
5.6.
Transact only in well-lighted or safe areas with ATM
5.7.
Do not entertain strangers offering assistance while using an ATM.
5.8.
Keep eyes on the Card when paying for purchases.
5.9.
Update contact information with the Branch of Account.

6.Indemnification/Liability Limitation.

In addition to other non-liability/indemnification provisions in favor of SECBANK the Cardholder hereby agrees to indemnify and render SECBANK its directors, officers, employees and agents and assigns, free and harmless from and against any claim, cause of action, suit, liability, loss or damage of whatever nature which may arise as a result of or in connection with the use of the Card and the transactions made with the use of the Card, in the following instances:

6.1.
Disruption, failure or delay relating to or in connection with the use of the Card which is due to circumstances beyond the control of SECBANK fortuitous events such as but not limited to prolonged power outages, breakdown in computers and communication facilities, computer-related errors, typhoons, floods, public disturbances and calamities and other similar or related cases;
6.2.
Fraudulent or unauthorized utilization of the Card due to theft, unauthorized disclosure or breach of security or confidentiality of the Card Number, PIN and Card Security Code, with or without the Cardholder’s participation;
6.3.
Inaccurate, incomplete or delayed information received by SECBANK due to disruption or failure of any communication facilities or electronic device used for the Card;
6.4.
Mechanical defect in or malfunction of the electronic device on which the Card is used (i.e., ATM, POS, etc.); the Card not being honored or being declined; any delay in the crediting of any deposit to or debiting of payment from the Account due to or by reason of failure and/or malfunction of any mechanical, electronic or other part, component, system or network upon which the ATM/branch computer is critically dependent on normal and efficient operations; and/or
6.5.
Improper, unauthorized use of the Card’s facilities and electronic devices (i.e. ATM, POS, etc.) or recklessness or accident in connection with the use thereof.

The above provisions shall survive the termination or suspension of the right to use the Card.

7.Liability Limitation

SECBANK’s entire liability for loss or damage (if any) in connection with Card use shall be limited to the amount of P25,000 or the actual damage or loss incurred, whichever is the lesser. SECBANK shall not be liable for any special, consequential or indirect damage suffered by the Cardholder from the use of the Card even if SECBANK has been advised of the possibility thereof. This provision shall survive the termination or suspension of the right to use the card.

8.Lost/Stolen/ Compromise Cards.

In the event the Card is lost or stolen, the Cardholder agrees to immediately report the same by calling SECBANK Customer Contact Center (054-881-1365. or other tel. nos. that may be made available by SECBANK) or the Branch of Account. The Cardholder shall likewise immediately file an affidavit of loss (in SECBANK prescribed form) personally with the Branch of Account (where the account is maintained). If the loss or theft of the Card occurred on a Saturday, Sunday, legal holiday or on a day or time when SECBANK is otherwise closed for business, the report must be made within the next banking day. Prior to receipt by SECBANK of Cardholder’s report of loss or theft, all transactions generated by the use of the Card shall be deemed conclusively binding upon the Cardholder and SECBANK will not be held liable for any loss or damage incurred by the Cardholder.

In case of a compromised Card, where the SECBANK receives information that the Card number, Card name, Card expiry date have been obtained by an unauthorized source/party, SECBANK shall tag the Card as “hot” to prevent its unauthorized use, and SECBANK shall immediately notify Cardholder of the situation and issue a new Card for the Cardholder.

9.Unclaimed/Captured cards.

Unclaimed Cards shall be cut vertically in half across the magnetic stripe after a period of sixty (60) calendar days or two (2) months from the date of receipt by the SECBANK Branch where the Cards could have been claimed. Captured Cards retrieved from the ATM by SECBANK shall be destroyed after three (3) days.

10.Limitation.

The Cardholder agrees not to use the Card for the purchase of items/goods, the importation of which into the Philippines is subject to the provisions of CB Circular 1384, as amended, and all other circulars, laws, rules and regulations pertaining to importation. Likewise, the Cardholder agrees and warrants that the proceeds of Card withdrawals abroad shall not be used for foreign investments or for the payment of foreign loans or for any other purpose in violation of any existing foreign exchange rules and regulations.

11.Change of Address and Other Data.

Unless otherwise provided herein, any and all notices and communications required or allowed to be given under these Terms and Conditions shall be in writing and sent to the Cardholder at the address or any of the addresses indicated in this application form. Notices shall be deemed received by the Cardholder on the date of receipt, if delivered personally, after fifteen (15) days from posting, if sent by mail, or on the date of transmission, if by facsimile or electronic mail. The Cardholder shall immediately notify SECBANK of any change in his address, as well as other data previously indicated in this application form. Until SECBANK is notified of such change, it will continue to use the information and data on file with it.

12.Termination/Suspension of Card Use.

The Cardholder may request SECBANK to terminate or suspend its use of the Card by calling SECBANK Customer Contact Center, or by visiting the Branch of Account to make such request. SECBANK shall, on a best efforts basis and to the extent practicable, immediately effect the requested cancellation or termination. The Cardholder shall remain responsible for any transactions made on the Account/s until the time of termination or suspension of the use of the Card.

SECBANK may terminate or suspend the Cardholder’s use of the Card at any time, with or without notice if:

12.1.
The Cardholder has breached these Terms and Conditions;
12.1.1.
SECBANK learns of the Cardholder’s bankruptcy, insolvency, liquidation, dissolution, death, incapacity, or other analogous circumstances, or that the Cardholder committed an act of bankruptcy , insolvency, liquidation, dissolution or other analogous acts, or that a bankruptcy or insolvency or other analogous petition has been filed against the Cardholder;
12.1.2.
If in SECBANK’s reasonable opinion, the Cardholder’s Account/s is/are being mishandled as determined pursuant to SECBANK’s existing policies and procedures, or if the Account/s or the Card is being used for any unlawful or illegal activity or transaction;
12.1.3.
In case of closure, termination, suspension, garnishment, hold-out or other similar restrictions on the Account/s; or
12.1.4.
SECBANK considers that there exist other reasonable grounds to do so.
12.2.
Any and all accrued but unpaid obligations of the Cardholder to SECBANK prior to termination, and terms and conditions hereof which by express terms, shall survive the termination of the Cardholder’s right to use the Card.

13.Cardholder Complaint.

Any complaint regarding the Card, the Account, and/or transactions using the Card shall be communicated to: [email protected]

SECBANK NET BANKING (ELECTRONIC BANKING)

These Terms and Conditions form the contract between you as a customer and SECBANK as the provider of these services. By enrolling in and using Electronic Banking Services, you acknowledge and accept these Terms and Conditions. While we will provide a secure system within which you can conveniently carry out your banking transactions via the ATM, Internet, Phone, Mobile Phone, and Call Center, you shall take full responsibility for protecting your personal information and accounts once you are enrolled in the service/s and using secure communication lines and internet connection when utilizing the service/s. Before doing any online transactions or sending personal information, make sure that correct website has been accessed. Always enter the URL of the website directly into the web browser and avoid being re-directed to the website, or hyperlink to it from a website that may not be as secure.

Beware of bogus or "look alike" websites.

SECBANKI’s Electronic Banking Services can be used to access your bank accounts and do transactions through ATM, Internet Banking, Phone Banking, Mobile Banking and Call Center provided you request to specifically enroll these accounts.

1.Acquiring Access to SECBANK ’s Electronic Banking Service

To access your accounts through SECBANK’s Electronic Banking Services, you must have a valid ATM Personal Identification Number (PIN) for ATM, User ID and an online password for Internet Banking or Mobile Banking PIN for Mobile Banking.

2.Mobile Banking ID and Mobile PIN

2.1.
Your Mobile Number shall be your Mobile Banking ID. You shall receive a system-generated Mobile Banking PIN via a text message upon processing of your enrollment. Your Mobile Banking ID when used together with your system-generated Mobile PIN will enable you to access Mobile Banking.
2.2.
You will be responsible for keeping your User ID and password/PIN confidential. For security reasons, you must make it a habit to change your password and/or PIN regularly, especially if you suspect its confidentiality has been compromised. It is strongly suggested that the password and/or PIN you select must not relate to any readily accessible personal data such as your name, birth date, address, phone number, or identification card number; or an obvious combination of letters and numbers, including sequential numbers (e.g. 123456); or one which can easily be guessed by someone else such as nicknames, places or events and dates of events closely associated with you.
2.3.
Under no circumstances should you keep a written or electronic record of your User ID and password/PIN, nor disclose these to any other person, including family, co-employees and those with apparent authority, e.g. SECBANK officer or employee. Do not disclose personal information such as address, mother's maiden name, telephone number, social security number, bank account number or e-mail address unless the one collecting the information is reliable and trustworthy. These must remain confidential to you alone and you must take all reasonable steps to prevent disclosure.
2.4.
To protect your User ID and password/PIN, you should log off after transaction is completed or when computer is unattended. Clear the memory cache and transaction history after logging out from the website to remove account information. It is also recommended that you do no open other browser windows while banking online.

3.General Use

3.1.
You will not use or permit the use of your User ID and password/PIN in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out your banking transactions and inquiries via Electronic Banking Services.
3.2.
Transactions carried out via Electronic Banking Services are subject to all conditions, fees and charges applicable at the time of the transaction.
3.3.
The use of your User ID and password/PIN will serve as your irrevocable authorization for us to carry out transactions that you initiated.
3.4.
You acknowledge that we shall have no obligation to verify authenticity of any instruction received from you through the use of your Electronic Banking Services accounts and without further inquiry, act on any directives contained in that instruction. The Bank shall be entitled (but not bound) to give effect to any instruction received, in the terms in which it was received. The Bank's record of any instruction shall (unless there is an obvious error) be final and binding.

4.Account Access

4.1.
Each enrollment can consist of a single user (one person) or joint users (several persons).
4.2.
Personal Individual, Personal Joint OR Account, individual Parental By Account and Joint OR Parental By Account shall be allowed to enroll in Electronic Banking Services. For joint OR accountholders, you understand and agree that all transactions to be made by any one of the enrollees via Electronic Banking Services are conclusively considered as done with the consent of all co-depositors.
4.3.
You can access your accounts via Electronic Banking Services seven (7) days a week, twenty four (24) hours a day. However, at certain times, some or all of Electronic Banking Services may not be available due to system maintenance.

5.Fund Transfer

This Service Agreement lays down the Terms and Conditions concerning the use of Southeast Country Bank, Inc., (SECBANK), Online Banking Facility or simply SECBANK NetBanking which provides a facility to initiate fund transfer transaction/s. By using this facility, you agree to be bound by the following terms and conditions:

5.1.
You understand that you can transfer funds from one of your SECBANK Bank accounts to your another SECBANK Bank account and/or to other person’s SECBANK Bank account, or from your SECBANK Bank account to your account/s and/or other person’s account/s with any BancNet member banks, subject to the following conditions:
5.1.1.
The Bank may anytime impose without prior notice a limit on the frequency and amount of funds to be transferred through the use of this Facility.
5.1.2.
You authorize the Bank to automatically debit from any of your enrolled account any and all fees from interbank bank (transfer within BancNet member banks) fund transfer transactions subject to relevant stipulations in this Agreement.
5.1.3.
You understand that you should ensure that your account is adequately funded before real time or scheduled fund transfer otherwise the system will reject the transaction. Only cleared and/or remaining balances on any of your enrolled/nominated account(s) shall be available for transfer.
5.1.4.
You agree that the Bank shall not, in anyway be liable for any rejected transactions. of authorization is required if ordered checkbook/s will be picked up by my representative.

6.Other Conditions

6.1.
We reserve the right to vary these Terms and Conditions at any time and will give you thirty (30) days prior notice of such changes.
6.2.
If by your act or omission, fault or negligence, SECBANK becomes involved in any litigation which may have relation with Electronic Banking Services, the Terms and Conditions of its use, or with any rights, powers and remedies hereunder, then you agree to pay all fees and expenses incurred by in such a litigation, including but not limited to a reasonable amount for the attorney's fees which amount is hereby agreed to be at the rate of at least 10% of the sum sought, which shall not in any way fall below P10,000.00 as well as the costs of suit. Venue of all legal actions or proceeding arising out of or in connection with BDO's Electronic Banking Services shall be brought in the proper courts of Legazpi, Albay Philippines or any other place where SECBANK may subsequently transfer its principal place of business
6.3.
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. It shall be understood that access to and use of the Electronic Banking Services shall be subject to applicable requirements and procedures of government telecommunications or other regulatory authorities and those prescribed by law.

SECBANK WALLET / PREPAID CARD

1.ACCEPTANCE (PAGTANGGAP)

By accepting, activating or using this SECBANK SECBWALLET Prepaid Card (hereinafter referred to as “Card”), you are deemed to have accepted these Terms and Conditions, including the contents of the welcome letter/card carried and any attachments. (Sa pamamagitan ng pagtanggap, pag-activate o paggamit ng SECBWALLET Prepaid Card (tinutukoy dito bilang "Card"), itinuturing mong tinanggap ang Mga Tuntunin at Kundisyon na ito, kasama ang mga nilalaman ng welcome letter/card at anumang mga kalakip nito.)

2.CARD USAGE (PAGGAMIT NG CARD)

Load credited to the card may be withdrawn as cash through any Bancnet automated teller machine (ATM) terminals and or make cashless purchases in stores through POS. You authorized the Bank to deduct all fees and charges due to us or due to third parties from your card balance. (Ang load sa card ay maaaring i-withdraw bilang cash sa kahit saan mang ATM terminal ng Bancnet at o gumawa ng mga cashless na pagbili sa mga tindahan sa pamamagitan ng POS terminals. Pinahintulutan moang Banko na bawasan ang lahat ng mga fees and charges para sa banko at partners nito mula sa iyong balanse ng inyong card.)

3.CARD BALANCE

You may add to the Card balance or otherwise reload your Card. Card fund balance is not entitled to earn interest. The amount loaded in the Card is not considered a deposit and may only be redeemed at face value. Card loading is limited to Php 100,000.00 cumulative monthly. A Php 25.00 loading fee will be collected to the cardholder. Card minimum balance is Php 100.00. (Maaaring mag deposito sa card balance o mag reload. Ang card balance ay hind makatanggap ng interest. Ang halagang iniload sa card ay hindi kinukonsidera na deposito at maaari lamang ma-redeem sa nakuhang halagang. Ang card loading o pagdeposito ay limitado sa halagang Php 100,000.00 sa isang buwan. Php 25.00 na loading fee ay kokolektahin sa cardholder. Ang Card minimum na balance ay Php 100.00.)

4.EXPIRATION (PAGKAWALANG BISA)

The Card is valid from the date of issuance until the last day of the month indicated on the face of the Card. (Ang card ay may bisa mula sa petsa ng pagpapalabas hanggang sa huling araw ng buwan na nakasaad sa unahan ng Card.)

5.CARD MAINTENANCE

5.1.
The card should be safeguard by the cardholder. In case of loss or theft, the fact should at once be reported by contacting SECB ATM Operations for appropriate action at (054) 881-8692 (Ang seguridad sa card ay nakasalalay sa cardholder. Sa kaso ng pagkawala o pagnanakaw, ay dapat i-ulat sa pamamagitan ng pagkontak sa SECBANK ATM Operations para sa nararapat na hakbang marapat lamang tumawag agad sa (054) 881-8692
5.2.
The cardholder must notify the Bank of any error in Card transactions immediately. (Tumawag agad sa nasabangit na numero pag may pagkakamali o katanungan tungkol sa inyong transaction)

6.CARD HOLDER LIABILITY

You shall hold SECB free and harmless from any and all losses, damages or liability you shall suffer a consequences or result of your disclosure of your PIN or unauthorized use of your Card. You are absolutely and unconditionally liable for the full amount of all activity/ies on your card account completed through the different channels. (Ikaw ay sumasailalim sa SECB na malaya at hindi makasasama mula sa anumang pagkawala, pagkasira o pananagutan at maaaring humantong sa kahihinatnan ng resulta ng pagsisiwalat ng iyong PIN at di- awtorisadong pag gamit ng card. Ikaw ay mananagot para sa buong halaga ng lahat ng aktibidad sa iyong card account dahil dito.)

7.CLAIMS AGAINST ERRONEOUS ENTRY

Special effort is exerted to ensure proper and correct entry/ies. However, the Bank shall investigate any cardholder claim, without the Bank incurring liability as a consequence thereof, concerning suspected erroneous entry related to your card. (Espesyal na effort ang ginawa upang matiyak na maayos at tama ang entry. Gayunman ang Bangko ay dapat siyasatin ang anumang pagclaim ng cardholder , Walang pananagutan ang Banko sa pagkakamali hinggil dito, o may kinalaman at hinihinalang may maling entry na may kaugnayan sa iyong card.)

8.CARD REPLACEMENT (PAGPAPLIT NG CARD)

For a lost or stolen Card, a new Card may be issued by submitting a request for Card replacement at the nearest SECB Branch, subject to prevailing card replacement charges. The remaining fund in the lost/stolen Card, if any, shall be automatically transferred/ credited to the new Card which shall likewise bear a new Card number. (Para sa nawala o nanakaw na Card, ang isang bagong card ay maaaring ibigay sa pamamagitan ng pagrerequest ng kapalit na Card sa pinakamalapit na SECB Branch, ang kapalit na card ay maaring may charge . Ang natitirang balance o pera sa nawala / ninakaw na Card, kung mayroon man, ay awtomatikong ililipat sa bago o kapalit na card na may bagong card number.)

9.CLOSING OF ACCOUNT (PAGSASARA NG ACCOUNT)

Should the Cardholder wish to close his/her Prepaid Card account, a manager’s Check shall be issued with the unused Card load. (Kung nais isara ng cardholder ang Prepaid Card account, ang banko ay mag iisyu ng tseke para makuha ang balance nito kung mayroon man.)

10.DORMANCY

Card is considered as dormant if inactive for two consecutive months. SECB to collect fees/month as inactivity fee. (Ang card ay isinasaalang-alang na dormant kapag ang account ay di aktibo ng dalawang magkasunond na buwan. Ang SECBANK ay maaaring mangolekta ng inactivity fee kada buwan).

GENERAL CONDITIONS

1.Confidentiality of Information and Data Privacy

The Borrower hereby waives their rights under applicable laws on bank secrecy and information security existing or may hereafter be enacted, such as RA 1405 (The Law on Secrecy of Bank Deposits), RA 8791 (The General Banking Law), RA 10173 (Data Privacy Act), and authorizes the Southeast Country Bank, Inc.:

  • Pursuant to BSP Circular No. 472 Series of 2005 as implemented by BIR Revenue Regulation RR-4 2005, to verify with the Bureau of Internal Revenue (BIR) (or such other taxing authority that may substitute it) in order to establish authenticity of the annual income tax returns and accompanying financial statements and documents or information submitted by the Borrower.
  • To inquire into any of the deposit accounts or properties maintained by the Borrower with the Southeast Country Bank, Inc., it for the purpose of implementing the Automatic Debit Authorization or the set-off provisions, and
  • Obtain from or disclose to credit bureau any information regarding the Borrower, the Loan, this Agreement, or any Secured Obligations, as the Southeast Country Bank, Inc. may deem necessary to exercise its rights under this Agreement or as may be allowed or required by applicable laws, rules and regulations. The Borrower also hereby authorizes the Southeast Country Bank, Inc. to request information on the status of any court case to which he/ she is a party. Pursuant to RA 9510 (Credit Information System Act), the Borrower finally authorizes the submission of basic credit data in connection with any credit availment from the Southeast Country Bank, Inc. to the Credit Information Corporation (or its successor entity) and authorize the latter to provide the same information to the BSP.
  • To inquire thru its representative to conduct credit information, bank deposits and any other transactions to any other financial institutions or non-financial institution. This is in connection with my/our loan application with Southeast Country Bank, Inc., I/we hereby waiving our rights under laws and existing regulations governing secrecy and confidentiality on deposits and documents.

2.Disclaimer Warranties

You agree that the Bank shall in no way be responsible for any incorrect or inaccurate information or entry of information, whether caused by me or by any of the equipment or programming associated with or utilized in connection with Facility or the products or services provided in or through the site, or by any technical or human error which may occur in the processing of information received by the Bank resulting to damage or losses. I further understand that the Bank assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, information received or submitted , any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Facility or its contents.

3.Force Majeure; Computer Breakdown; Disruption of the Facility.

The Bank shall not be liable for failure to perform, disruption, delay in the processing of any of the services herein provided, performance of its obligations, for causes beyond its control, including but not limited to force majeure, riots, strikes, war, civil disturbance, computer breakdown, disruption of communications or electrical facilities, equipment shutdown for repair and maintenance, and the occurrence of off-line conditions for any reason.

4.Declaration.

By signing on the portion provided below, I acknowledge that I have read and understood the SECBANK NetBanking Service Agreement, and I agree unconditionally to be bound by the terms and conditions of the SECBANK NetBanking Facility Service Agreement and all amendments, revisions and additions, and the Bank’s relevant policies and procedures, including the rules and regulations issued by the Bangko Sentral Ng Pilipinas, which the Bank may at its absolute discretion and without prior notice to me, effect from time to time.

GOVERNING LAW AND VENUE. Availment of the Bank’s products and services under the Facility shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Camaligan, Camarines Sur, Philippines, to the exclusion of all other venues.