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Mobile Banking Investment Services Agreement of Bank of China Limited


 


Party A: Client (The user of Mobile Banking of Bank of China Limited)

Party B: Bank of China Limited

To safeguard the interests of both sides and regulate the behavior of the parties, both parties reach the agreement in relation to the personal mobile banking investment services provided by Party B to Party A under the principles of voluntariness, equality and mutual benefit.

Article 1 The scope of investment services provided by Party B to Party A through mobile banking: foreign exchange services and third party custody services. In case of any alteration of investment service scope, Party B is not required to give further notice to Party A.

Article 2 In the use of the services provided by Party B, Party A shall observe the business guidelines in respect of investment services or related products set by Party B.

Article 3 Party A shall ensure the payment capacity of the account for mobile banking investment service, and agrees that Party B may collect expenses for relevant business from its account without its consent. Where Party A opens online banking services and online investment function previously, the account used for mobile banking investment shall be the same with that used for online investment.

Article 4 Party B undertakes no liabilities for any failure in implementation of the mobile banking investment order submitted by Party A or any suspension of business caused by force majeure or other reasons not attributable to Party B (equipment failure, communication line failure, and mobile phone failure, power failure, power cut off, etc.)

Article 5 Party B undertakes no liabilities for any failure in performance of the agreement by Party B due to cancellation or abnormality (loss reporting, frozen account) of or inadequate balance in the account designated by Party A.

Article 6 Party A agrees to this agreement and shall open mobile banking investment function after authentication made by the authenticator. In the event that Party A requires to terminate the use of the mobile banking investment services provided by Party B, it may withdraw the investment services through clicking on the cancellation feature on relevant page.

Article 7 This agreement constitutes a supplement to rather than a substitution of the agreements previously executed or agreed between the two parties, and shall have the same legal effect with any previous agreements. In using the services provided by Party B, Party A shall comply with the e-bank charter, business rules and all related agreements previously executed, and other relevant business requirements.

Article 8 All disputes arising from the performance of the agreement should be resolved through consultation. If such disputes can not be resolved through consultation, the dispute resolution method agreed in the Mobile Banking Service Agreement of Bank of China Limited or Personal Account Opening and Comprehensive Service Agreement of Bank of China Limited shall be adopted to solve such disputes.

Article 9 The conclusion, validity, performance and interpretation of the agreement shall be governed by the laws of the People’s Republic of China. The prevailing financial practices are applicable where no express prescriptions are found in laws.

Article 10 The agreement shall come into force as of the time when Party A agrees and opens mobile phone payment function after authentication made by authenticator and shall terminate as of the time when the services are withdrawn. All the time points are subject to the records in the mobile banking system of Bank of China. Termination of the agreement shall not be construed as revocation of the outstanding transactions ordered prior to the termination, nor shall it eliminate any legal consequences brought by transactions conducted prior to the termination.

Article 11 Risks exist in the mobile banking investment business. All the investments made by Party A through mobile banking of Bank of China shall be construed as acts voluntarily made by Party A with full knowledge of the risks in mobile banking investment, and such risks shall be assumed by Party A.

Article 12 Party B reserves the rights to interpret and amend the agreement.

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