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BOCNET Service Agreement


 

1. Introduction

This Agreement (the "BOCNET Service Agreement" or this "Agreement") contains the terms and conditions governing services available to you under the Bank of China (Canada) Online Banking Service through website browser on a computer or a mobile device or through mobile application. You understand and agree to abide by all the terms and conditions of this Agreement. This Agreement replaces all prior agreements between you and the Bank for your use of Online Banking Service.

You may terminate the BOCNET Service at any time by attending in person at our branches and completing Bank's form(s). Any such action of termination will serve to cancel your Online Banking Service only, not your account relationship with the Bank.

2. Definitions

In this Agreement, the following terms shall be defined as below:

"Account or Accounts"- mean any account you have with us, including personal or business account.

"Authorized Signatory"- means a joint account holder(s) or in case of corporate customer, it means your authorized signing officer (s) as identified by you on our prescribed form on file with us. Authorized Signatory may include but not limited to a director or officer, of a company or a signing officer, partners or members of partnership, representative, agent or nominee.

"BOCC" - means Bank of China (Canada) and any of its branches, whichever holds your account, which will also be referred to as "Bank", "us", "we", or "our".

"BOCNET Service" - means the online banking service offered by us that allows you to view information and/or conduct transactions. The service(s) is/are available on a computer through website browser, on a mobile device through website browser or on a mobile device through mobile application(s), which will also be referred to as "Online Banking Service" or "Service".

"Business Day" - means any business day excluding Saturday, Sunday and statutory banking holidays.

"E-token" - means an electronical device that produces a unique passcode, also known as a one-time or dynamic password each time it is used.

"Home Branch"- means the branch where you opened your account(s).

"Losses" - means any and all damages, claims, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any claim, default or assessment), including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the Service provided to you, even if the Bank was advised of the possibility of damages or was negligent.

"Password" - means a confidential combination of numbers, symbols and/or letters you use to sign on to or transact on Online Banking Service.

"Status Screen" - means any screen accessible through BOCNET, which allows you to check the status of a transaction.

"Transfer" - means being able to remit and transfer to your own and a third party's account(s) and is further defined in section 3(B1) of this Agreement.

"You" and "your" refer to you, a Bank of China (Canada) customer applying for or using the BOCNET Services. In case of Corporate Customers; "You" and "your" will mean both the business and you as an individual user, wherever these terms are used throughout this Agreement.

3. BOCNET Service

  • A. Identifying Information:
    • To be eligible to utilize the BOCNET Service, you must maintain an account with us. The Bank reserves the right to limit eligibility to certain types of accounts and to monitor and modify such eligibility from time to time.
    • To establish an eligible account with the Bank, you shall provide true, accurate, current and complete information about yourself as requested in our Account Opening Form and agree not to misrepresent your identity. Accurate records enable us to provide the service to you. You agree to keep your account information up to date and accurate.

  • B. Services:
    • If you use BOCC Online Banking Service through any website browser, all you need is access to the Internet with a browser that supports 128-bit encryption. BOCC allows you to access your bank accounts from anywhere where there is access to the Internet.
    • If you use BOCC Online Banking Service through mobile application, the application(s) is/are available on Android or iOS.
    • It is your full responsibility to ensure whether your electronic device, such as mobile device, tablet, or computer, is capable of accessing the Internet and whether your wireless carrier supports such action on your electronic device. You understand that your wireless carrier's standard data fees apply to your online banking and mobile banking activities with the Service.

      • B1. Instructions
        • When using the Service, you agree that we may decline to act on an instruction if we suspect that the instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an instruction in these circumstances.
        • You acknowledge that each instruction that you provide to us is final. You agree that we may rely on your instructions (including your electronic acceptance of this Agreement) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your instructions, and any Losses that may arise from these transactions.

      • B2. Transfer Services
        • When you request a Transfer(s) to be made using BOCNET Service, you will be required to designate one of your eligible BOCC accounts as the source for that transaction. You authorize the Bank, and any agent used by the Bank in connection with BOCNET Service, to debit or credit your accounts with the Bank for all Transfers that you authorize through BOCNET Service. Any Transfer(s) cannot be processed unless there are sufficient funds available in your designated source account. You agree to maintain sufficient available balance in your designated source account to cover all requested Transfer(s). You recognize, however, that a garnishment or other legal process served on the Bank, or a "hold" placed on your account by the Bank in accordance with its normal policies, may serve to diminish the available balance in your designated source account. You hereby authorize the Bank, at its option, to debit any one of your other accounts to cover an overdraft created by following your instructions to make Transfer(s). There may be circumstances (such as, but not limited to, electrical outages, failures in computer systems or communication lines, strikes, acts of God, natural disasters, acts of war, and civil unrest), which prevent timely processing. The Bank will not be liable for any delay or failure due to these or similar circumstances. If for any reason your BOCNET Service connection is interrupted during a Transfer session, you are required to log on to BOCNET Service again to check that the Transfer instruction is displayed appropriately on the Status Screen. If the Transfer instruction is not displayed, you have to re-enter your request and, if necessary, you can contact our Customer Service Hotline as set out in Section 13(G) of this Agreement.

      • B3. Bill Payment
        • Although your online banking bill payment will be withdrawn from the account you select on the date you instruct us to make the bill payment, you acknowledge that not all merchants treat payments as being received as of that date. You should give bill payment instructions several business days in advance of the date on which you wish a bill payment to be effective. We will not be responsible for processing delays by merchants and any Losses resulting from merchants' processing delays or your own delays in making a bill payment. Service fees as set out in the Personal Banking Personal Account Fee Disclosures will apply when processing bill payment over the counter.
        • If you pay bills using Service, you must settle directly with the merchant any disputes or claims you may have. We have no responsibility for any problems or disputes with merchants, including if a merchant does not credit you for a bill payment, refund any amount to you, imposes any additional charges on you (such as late fees or interest penalties), or takes any other actions.

      • B4. Changing Your Profile
        • It is important that your account records be kept up-to-date. You might change your information over-the-counter or through Online Banking Service. If you notify us of a change of contact information once your account is opened, it will not affect the Home Branch assigned to your account. Once your Home Branch is established, any additional accounts you open through Online Banking Service will be assigned to the Home Branch.

      • B5. Open / Manage Account
        • You may apply for opening new deposit account through our BOCNET Service. Transfer(s) made on weekends, bank statutory holidays or after Bank business hours are not reflected in your account until the next Business Day. You understand that it is your responsibility to maintain a positive balance in your account before conducting any further Online Banking transaction. Overdraft is prohibited.

      • B6. Order Cheques
        • You can order cheques through BOCNET Service. When we place an order for your cheques, we act as sales and billing agent for the cheque supplier, and we are compensated for our services. The cost varies depending on the style and quantity you select and includes postage and handling. For charges, refer to Section 8 of this Agreement.

      • B7. Remittance (Wire Transfer)
        • The wire Transfer request through BOCNET Service has the following limits and features: For security purpose, the Bank may set up a maximum dollar limit for each transaction and / or a daily maximum total remittance amount. Service fees and currency exchange fee may apply (refer to Personal Banking Personal Account Fee Disclosures). Overdraft is prohibited.

      • B8. Stop Payment
        • Any Authorized Signatory on the account can give instruction to the Bank to stop payment on a cheque that has not been paid. You can issue a stop payment order by using BOCC Online Banking Service. Payment cannot be stopped on a cheque that has already been paid or that is in the process of being paid. A stop payment order will stay in effect for six months, unless you instruct us to cancel it or to renew it, provided we have not already returned the cheque. The order may be renewed for additional six-month periods. You will need to provide your account number, the cheque number and amount, the payee's name, and the date the cheque was written. If this information is not exactly correct, the stop payment may not be effective and BOCC shall not be held responsible for this. Under certain circumstances, the law may allow the party in possession of the cheque to enforce payment, despite the stop payment order. The stop payment service is a chargeable service. For charges refer to Section 8 of this Agreement.

4. Hours of Operation

BOCNET Service is available twenty-four hours a day, seven days a week, except during system maintenance periods when you may experience some delay or failure to gain access to the system. If some services are not available during certain hours, you will be notified online. You understand that the Service may be unavailable to you periodically in order to allow for maintenance and updates.

5. Internet Access

You are responsible for obtaining Internet services via the Internet service provider of your choice. You are additionally responsible for any and all fees imposed by such Internet service provider for such access, as well as the cost of telecommunications usage and connection time.

6. Your Liability for Transfers or Payments

You are responsible for all Transfers made with your Password(s). We will not hold you responsible for any unauthorized Transfers made with your Password(s), if it can be shown that you have been a victim of crime, fraud, or intimidation, provided you report the incident to us in writing promptly and cooperate fully in any subsequent investigation.

You should frequently check your account balances and Transfer(s) requests to ensure there has been no unauthorized use of such accounts and that there are sufficient funds for any Transfer request. If you believe that your Password(s) has (have) been lost or stolen or that someone has made Transfer(s) from your account without your permission, you should notify us AT ONCE by contacting BOCC Customer Service Hotline pursuant to the notice provisions in Section 13(G) of this Agreement.

Notwithstanding anything herein to the contrary your failure to report to us any unauthorized Transfer(s) payment error from any of your account(s) as soon as you are aware (up to any period applicable under law) of its appearance on your bank statement or on BOCNET Service whichever is earlier shall relieve BOCC of any liability for any resulting Losses sustained, and such failure to report shall preclude you from asserting any such claim or error.

Any errors reported to the Bank will be promptly investigated by the Bank, and the Bank will advise you of the results of the investigation.

You are responsible for any Losses that result from your own use of BOCNET Service and your Password(s), including any Losses that result from any use by a third party. Without limiting the generality of the foregoing, you are also responsible for any Losses that result from:

  • making an entry error when using BOCNET Service;
  • Your claim that an account was accessed by someone else but you do not co-operate fully in an investigation by us or the authorities,
  • or your actions (or inaction) contributing to the unauthorized use.

7. Your Responsibilities for Managing Your Password (s) / Maintaining Internet Security

You (in case of Corporate account, this section should also refer to each of the authorized user as specified in the BOCNET Service Application Form) should ensure that the Password(s) that you choose cannot be guessed by other persons easily, e.g. your date of birth, your phone number. You should keep the Password(s) strictly confidential to yourself and not disclose your Password(s) to any other persons. You should also change your Password(s) on a regular basis.

You should ensure that any computer you use to access BOCNET Service has an up-to-date anti-virus / anti-spyware program and a firewall to reduce the chances of attack of any viruses or any means of online interception of information that you provide over the internet.

Once you finish with your BOCNET Service, you should log off and close your browser immediately to prevent any unauthorized access to your account.

For Corporate Customers only: you acknowledge that access to your account through BOCNET Service is separate and distinct from any signature arrangements for that same account which may exist with the Bank. BOCC shall have the right to rely on the authenticity and authority of all instructions received when they are accompanied by your Password(s), and to act on such instructions.

By designating a person as an authorized user, you are authorizing that person to view information about the business and, if online transactions are permitted through the services, to carry out online transactions on your behalf. You accept the responsibility for all Losses that may arise from any unauthorized use including an Authorized Signatory misusing his or her authority in any way, either purportedly on the business' behalf or for personal or other purposes.

You are responsible for maintaining the confidentiality and security of your BOCNET Service access information, such as username(s), Password(s), and any other security or access information. If you believe that any of the access information has been lost or stolen, or someone has logged onto your account without your permission, you should notify us AT ONCE by contacting BOCC Customer Service Hotline pursuant to the notice provisions in Section 13(G) of this Agreement.

You agree to indemnify and save us harmless from and against all Losses that we may incur (other than due to our own gross negligence or misconduct), including legal fees and disbursements reasonably incurred by us, arising from a breach by the business or an Authorized Signatory of any part of this Agreement, or from our acting or declining to act upon any instruction or information given to us in accordance with this Agreement. This indemnity is in addition to any other indemnity or assurance against loss that the business may provide to us, and will survive any termination of this Agreement.

8. Charges

Access to BOCNET Service is free to all BOCC account customers. Other applicable service charges for transactions done through BOCNET Service are described in our most recent Disclosure Statement.

9. Disclosure of Account Information to Third Parties

You have the right to confidentiality regarding your account information. The Bank agrees to keep all such information confidential, with the following exceptions:

  • The Bank may exchange such information with its employees, agents, affiliates, or parent bank in circumstances deemed necessary or appropriate by the Bank;
  • If and when the Bank selects an agent to act as service provider for the BOCNET Service product, such agent may encounter information about your account(s), BOCNET Service transactions and e-mail messages;
  • When you agree in writing that the Bank may disclose specific information;
  • When you have named BOCC as credit reference;
  • When an inquiry is made regarding sufficient funds to cover a Transfer authorized by you;
  • When the Bank is required by law to disclose such information e.g., the Bank receives a subpoena, summons, search warrant, court order.

10. The Bank's Liability

You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. Gross negligence means conduct which is (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.

BOCNET SERVICE, EQUIPMENT, E-TOKEN AND RELATED DOCUMENTATION ARE PROVIDED "AS IS". WE DO NOT MAKE ANY WARRANTIES REGARDING THE SAME, INCLUDING WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OPERATION, TIMELINESS, SECURITY ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Indemnification

You shall indemnify the Bank against any claim, liability, or Losses asserted against or incurred by the Bank arising from or in connection with your use of the BOCNET Service product, including but not limited to any claim that use of a Password is not a commercially reasonable means of providing security against unauthorized transactions and any liability or loss incurred by the Bank as a result of our allowing a multiple authorization account to be included within BOCNET Service.

12. Suspension/Termination

The Bank reserves the right to alter or terminate this Agreement and the Service, in whole or part, at any time without prior notice and for any reason. You agree and accept that we can suspend or terminate your access to any of the Service immediately should you fail to comply these terms and conditions, other terms and conditions governing your use of the Bank's product, or any other reason beyond our control at any time without prior notice. We will not be responsible for any Losses or inconvenience that may result for such suspension or termination.

13. Additional Terms and Conditions

  • A. Other Agreements:
    • In addition to this Agreement, you agree to comply with BOCC's rules and regulations, applicable provincial and federal laws and regulations, and such other written requirements as the Bank may furnish to you (whether in connection with this service or not), including but not limited to our Account Opening Agreement and Credit Facility Agreement.
    • The addresses, telephone numbers, and other information, rights and responsibilities contained in this Agreement are limited to BOCNET Service related activities and do not cover any other types of accounts, fund transfer(s), payment mechanisms or other relationships between you and BOCC. These items are all governed by separate documentation relating to those services.

  • B. Consent to Electronic Delivery of Notices:
    • You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank's website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

  • C. Alteration or Termination of BOCNET Service:
    • BOCC reserves the right to alter or terminate this Agreement and the BOCNET Service, in whole or part, at any time without prior notice and for any reason, including your failure to use your BOCNET Service for a period of three (3) months or more.
    • You may terminate this service at any time by notifying BOCC either by e-mail or by writing to us in the address as set out in the Section 13(G) of this Agreement. Any such notice of cancellation will serve to cancel your BOCNET Service only, not your account relationship with BOCC. Subsequent to the termination BOCC will not honor your transaction instructions sent by e- mail.

  • D. Data Recording:
    • By using BOCNET Service, you acknowledge and grant us permission to record the e-mail messages and information contained therein when using BOCNET Service.

  • E. Authority:
    • You represent and warrant that you are authorized to enter into this Agreement and to bind the account holder(s) hereto.

  • F. Records:
    • BOCC's records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to the Bank and, in the absence of manifest error, will be binding and conclusive.

  • G. Customer Service:
    • If you need assistance with BOCNET Service or you need to communicate with the Bank, you may call toll free 1-844-669-5566 or write to:
      • Attn: BOCNET Service
      • Bank of China (Canada)
      • Suite 600, 50 Minthorn Blvd.
      • Markham, Ontario
      • Canada L3T 7X8

    • You agree that the Bank may record your conversations with the Bank. The Bank does this from time to time to monitor the quality of service and accuracy of information the Bank employees give to customers, and to ensure that the Bank employees accurately follow your instructions. Customer Service is not authorized to waive any provision of this Agreement.

  • H. Governing Law:
    • Any disputes arising from or related to this Agreement, BOCNET Service provided to you by BOCC shall be governed by the laws of the Province where your Home Branch is located (without reference to the conflict of law rules thereof), as well as applicable federal laws, rules and regulations. All actions, suits or proceedings in connection with the transactions contemplated by this Agreement shall be brought to a court of competent jurisdiction in the Province where your Home Branch is located. By execution and delivery of this Agreement, each Party hereby irrevocably submits to the jurisdiction of such a court without, however, waiving any immunity, right of removal, or other right each party may have.
    • You confirm that you prefer this Agreement and any related documents be in English.
    • Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.

  • I. Assignment:
    • BOCC may assign this Agreement to its parent bank or to any now existing or future direct or indirect subsidiary or affiliate of its parent bank. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

  • J. Severability:
    • In the event that one or more of the provisions of this Agreement shall for any reason be deemed to be invalid, illegal and/or unenforceable, the remaining provisions shall remain valid and enforceable.

  • K. Complaints and Dispute Resolution:
    • If you have a problem, concern or complaint, you may contact the Home Branch that handles your account or our Chief Compliance Officer by telephone at 905-771-6886 or by e-mail at privacycompliance.ca@bankofchina.ca. If your concern remains unresolved to your satisfaction, you can contact the Ombudsman for Banking Services and Investments (OBSI) by mail at P.O. Box 5, 401 Bay Street, Suite 1505, Toronto, ON M5H 2Y4, or toll free at 1-888-451-4519. If you have a complaint regarding a potential violation of a consumer protection law, you may contact the Financial Consumer Agency of Canada (FCAC) at 6/F, 427 Laurier Avenue West, Ottawa, ON K1R 1B9 or toll free at 1-866-461-3222 or through the internet at: www.fcac-acfc.gc.ca.

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