Internet Banking Terms and Conditions

TERMS AND CONDITIONS FOR ELECTRONIC BANKING SERVICES

1. Electronic Banking Services include:

(a) (Al Islami Online Banking): DIB Online Services

(b) (Al Islami Phone Banking): DIB Phone Banking service

(d) (Al Islami Business Online): DIB Online Services for corporates

(e) (Al Islami Business Alerts): DIB SMS services for corporates

(f) E-statement, Al Islami Business Online, Business Alerts or any other services oﬀered electronically by the Bank

2. All transactions accepted and implemented by the Bank based on the instructions of the Customer shall be at the expense and responsibility of the Customer and the Customer shall be bound by these instructions.

3. The Bank may, without referring to the Customer, deduct from the Customer's account any expenses, fees or commissions payable against the banking services and products rendered to the Customer provided by Electronic Banking Services, pursuant to banking fees and commissions regulation approved by the Bank.

4. The Bank shall not be liable before the Customer if the amount credited or transferred to the Customer’s account is reduced because of fees or value depreciation, nor shall the Bank be held liable if the Customer was unable to receive his/her funds as a result of any restrictions or regulations issued by the court or the competent authorities.

5. The Customer may have a printout of his/her statement of account through Al Islami Online Banking/Al Islami Business Online. In the event of any objection, the Customer shall notify the Bank in writing within ﬁfteen (15) days from the date of the account statement printout. If the Customer fails to notify the Bank within the period mentioned, the account statement shall be deemed correct and accepted by the customer.

6. The Bank shall not be liable for any damage, error or loss that may occur when the Customer uses the Electronic Banking Service. The Customer alone shall be responsible for the accuracy of the information and data entered and for any change or modiﬁcation that may take place to such information or data from time to time. The Customer shall also be responsible for settlement of any dispute arising out of the utility bill payment with the concerned utility institution.

7. The Customer shall be committed to discharge the Bank and its employees from all obligations and liabilities arising as a result of electronic transactions under which the Customer accepts transactions.

8. The Bank may refuse any requests, instructions or services requested by the Customer if the Customer fails to comply with the necessary procedures as provided in the Website or in this Terms and Conditions or if information and data are incorrect or are in violation of the laws applicable in the United Arab Emirates.

9. The Bank shall not bear any responsibility resulting from non-execution of the transaction or service requested by the Customer if such fault or default is beyond the control of the Bank, its agents and employees and if the Customer is notiﬁed of such fault or default by any acceptable and appropriate means.

10. The Customer shall permit the Bank, at any time, without prior notice to the Customer, to freeze and set-oﬀ any amounts of whatsoever value or type in the Customer's accounts held by the Bank in the name of the Customer from one account to another irrespective of their types or names, or whether they are individual and/or joint and whether in the local or foreign currencies, whereby each such account shall be considered as a security for the other accounts jointly or severally for the settlement of any of the indebtedness due from the Customer or his/ her guarantor to the Bank.

11. The Customer accepts that the Bank's record of electronics ﬁnancial transactions shall be conclusive evidence of such transactions (unless the Customer proves the contrary) and legally binding on the Customer for all the purposes in any claims or disputes that may arise later between the Bank and the Customer.

12. The Customer undertakes to pay costs of SMS (Mobile SMS) received from the Bank if the mobile phone and the service provider are outside of the United Arab Emirates and the foreign operator imposes fees on those SMS directly to the service supplier. This service shall be subject to fees applied by the Bank on a monthly basis or according to service fees deducted by the Bank.

13. If the Customer fails to pay the costs and fees for two months, the Bank shall cancel the services available to the Customer without prior notice. The Customer shall adhere to notify the Bank immediately if his/her mobile is lost or stolen. The Customer indemniﬁes the Bank from all losses and damages incurred by the Bank resulting from failure to notify the Bank.

14. The Customer undertakes to discharge the Bank in full for all damages and claims of any kind and shall waive, release and discharge the Bank, its staﬀ and its afﬁliates from any claims, obligations or rights that may arise as a result of the use of service, transmission of his/her personal information and data of his/her accounts and transactions via GSM and the world wide web (Internet).

15. Joint Account: Customers holding joint accounts who have separate signatures are entitled to subscribe to the Electronic Banking Services by submitting separate applications.In this case the conditions of Joint Accounts above mentioned shall be applied.

16. Loss or misuse of Personal Identiﬁcation Number (PIN): The Customer must send a written notice to the Bank immediately if the Password is lost, disclosed or misused, so that the Bank would take the necessary precautionary measures. The Bank may issue a new Password at the expense of the Customer who is fully responsible for any transaction that takes place in his/her account as a result of the disclosure or misuse of Personal Identiﬁcation Number until the Bank issue a written notice to the Customer conﬁrming the receipt of the Customer's written notice.

17. The service of electronic account statements and all other services shall be provided at the sole responsibility of the Customer. In case the relevant data are disclosed, the Bank shall not be held responsible towards the Customer of any direct, indirect, loss or damage resulting from this disclosure and/or from provision of such electronic data through the e-mail of the Customer.

18. In case of any dispute arising about an amount written in ﬁgures and in words, the amount in words shall be adopted.

19. The Bank shall not be held responsible for any use or unauthorized change of the Customer's data by any party outside the Bank.

20. The Bank may at any time provide new services to the Customer or amend the fees by increase or decrease and deduct them from the Customer's accounts at the Bank.

21. The Bank may, at any time and without notices or giving reasons, stop or refuse the provision of all the Electronic Banking Services.

22. The Customer acknowledges that part of the Electronic Banking Services is free. However the Bank reserves the right to impose fees on the services, according to its sole discretion, and may change its policy as it deems appropriate, upon giving notice to the Customer in an appropriate manner.

23. The Customer acknowledges and agrees that the delivery of some Electronic Banking Services shall be conﬁrmed by a conﬁrmation message sent to the e-mail addresses provided by him/ her to the Bank. Therefore, the Bank shall not be responsible or liable for any delay in the provision of Electronic Banking Services, relevant messages and notices, non-delivery of statements (or SMS), any shortage or division as a result of stopping, delaying, preventing or ﬁltering of e-mail messages by the Customer's internet service provider, the system of e-mail, or by any service provider or any other party.

24. The failure of the Bank at any time to require the performance by the Customer of any provisions thereof shall not aﬀect the full right of the Bank to require such performance at any time thereafter.

25. If the account is closed due to any reason whatsoever, Customer should return the unused cheque leaves to Bank.

26. Notices and Correspondence : As provided for this contract, all notices and correspondence exchanged between the Bank and the Customer shall be in writing and addressed as follows: If to the Bank the notice correspondence shall be sent to his/her address of the branch where the Customer’s account is maintained or to the head ofﬁce of the Bank. If to the Customer, the notice correspondence shall be sent to his/her address indicated in the account application form or any such other address as the Customer may notify the Bank from time to time.

27. E-statement service all services are provided entirely at the Customer’s sole risk and in case of disclosure of the released statement, the Bank shall not be liable to the Customer for any direct, indirect special, incidental, or consequential loss or damage, which may arise in respect of this disclosure and/or delivery of this e-statement service through the e-mail address(es) stated above.

28. It is the responsibility of the Customer to immediately inform the Bank in writing about any change in information about the user registered for this service. The Bank shall not be held liable for any loss or damage that may arise due non-updating of user details.

29. Any change in the legal status, name or/and ownership of the Customer shall be notiﬁed immediately to the Bank failing which shall cause to the suspension of the services.

30. Business Alerts:

(a) The Bank will take reasonable care to ensure that any message of Business Alert it sends reaches the Customer and that is accurate and complete, the Bank cannot guarantee this as it depends upon the reliability of the text messaging or mail box service provider, internet and the network operator for your mobile phone(s) as well as geographic and other conditions or circumstances beyond our control. The Bank shall not be liable for any loss caused by delay or failure of any message of Business Alert to be received by the Customer /Customer’s Users’ mobile telephone or mailbox.

(b) The Bank will not be liable to the Customer for any loss that customer may suﬀer due to any event or circumstance beyond our reasonable control which leads to the service being wholly or partly unavailable such as, but not limited to, technical breakdown, strikes or other industrial action (whether or not involving our employees) or communications or power failure.

(c) The Bank shall not be liable to the Customer for any loss or damage arising out of Customer’s use of the Service to the extent that such loss or damage is indirect, consequential or special, or, without prejudice to the foregoing, is a loss of business or proﬁts, or a loss of data, whether or not we have been advised of the possibility of such loss or damage.

(d) Customer agrees to pay the fees for the Service (if any) as set out in the bank’s schedule of charges and details of which can be found on its website or branches.

(e) The Bank reserves the right to amend the fees for the Service at any time at its sole discretion by giving customer thirty (30) days advance notice. Such notice may be in any form that the Bank deems appropriate, including notice on its website, SMS/ email notiﬁcation or physical advice.

(f) Customer undertakes to pay the Service fees, if any, for Business Alerts and understands that the set up & monthly fees will be deducted from their current/savings account. Customer understands that the monthly fee is levied for each user of the company who is registered for the Business Alert service.

(g) Bank has the right to recover any overdue fees of the Service from other relationships of the Customer apart from the primary account number in any currency without referring to the customer or obtaining prior approval.

(h) Bank reserves the right to discontinue, without prior intimation, the service due to Customer’s default on payment of the speciﬁed service charges, if any.

31. Al Islami Business Online:
The Customer (as deﬁned below) intends to use Dubai Islamic Bank’s Online Service (Service) and the Bank is willing to make the Service available to the Customer in accordance with and subject to these terms and conditions (“Terms and Conditions”). In the event of any conﬂict between the provisions of these Online Terms and Conditions and the General Terms and Conditions, the provisions of these Online Terms and Conditions shall prevail.

(a) Deﬁnitions and Interpretation

(i) Deﬁnitions: The following expressions shall have the following meanings:

"Account" means all accounts held by the Customer with the Bank to which the Service will be made available upon acceptance by the Bank of the Customer's Application.

"Application" means the application form provided to the Customer by the Bank for the purpose of applying for access to the Service and any documents and information submitted pursuant thereto, including without limitation, the Al Islami Business Online Enrollment Form and Maintenance Form.

"Command" means any request or instruction that is received from the Customer by the bank through the service.

"Conﬁdential Information" means the information provided or obtained through the Service, its form, format, mode or method of compilation, selection, conﬁguration, presentation and expression.

"Corporate Administrator" means a Corporate User named in the Application by the Customer with the authority to and responsibility for administrating all other relevant Corporate Users and establishing restrictions relating to the provision of all Commands.

"Al Islami Business Online Maintenance Form" means a standard Bank format through which the Customer maintains/modiﬁes its receipt of the Service, including without limitation, changing its Corporate Administrator.

“Al Islami Business Online Enrollment Form" means a standard Bank format used by the Customer to appoint their Corporate User(s).

"Corporate User" means the person authorised from time to time by the Customer to use the Service to issue Commands. For the avoidance of doubt, a Customer appoints a Corporate User by executing a Corporate IB User Enrollment Form and/or a Corporate IB Approval Rules Form.

"Internet Site" means any internet site established, operated and/or maintained by Bank or on the Bank's behalf to facilitate the provision of the Service to the Customer.

"Online" means by way of internet access to the Service through any Internet Site(s).

"Password" means the alpha numeric password provided by the Bank to Customer in order to complete the self-registration process.

"Service" means the online services and transactions and facilities oﬀered by the Bank through the Internet to the Customer as further referenced in Clause d below.

"User Guide" means the guidance and information set out on screen in the 'Help' pages of the Service and all other customer guides issued by the Bank in connection with the Service, as amended by the Bank from time to time at its sole discretion.

"Username" means the unique identiﬁer, by whatever name called, which is issued to each Corporate User in connection with the Service.

(ii) Interpretation:

(gender) words importing any gender will include all genders;

(headings) the headings to the clauses and sub-clauses herein will not be taken into consideration in the interpretation of these Terms and Conditions; (including) including and includes are not words of limitation;

(references) a reference to the background, a party, clause, paragraph, is a reference to the background, a party, clause, paragraph, to or of these Terms and Conditions; (singular) words importing the singular number will include the plural and vis versa;

(time and date) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Dubai, United Arab Emirates even if the obligation is to be performed elsewhere; and

(writing) a reference to a notice, consent, request, approval or other communication under these Terms and Conditions or an agreement between the parties means a written notice, request, consent, approval or agreement.

(b) Enrollment:

i. Each Corporate User will be issued with a Username and a Password notiﬁed to them directly but mostly at separate intervals.

ii. The Customer shall follow the guidance provided by the Bank either in person or online in designating the Username and the Password for identifying the Customer for the purposes of the Service.

iii. The Customer shall act in good faith, exercise reasonable care and diligence in keeping the login credentials secret. At no time and under no circumstances the Customer shall disclose directly or indirectly the login credentials to any other person or permit the login credentials to come into the possession or control of any other person.

iv. The Customer shall be fully responsible for any accidental or unauthorised disclosure of the login credentials to any other person and shall bear the risk of the login credentials being used by unauthorised persons or for unauthorised purposes and the Customer agrees that the Bank shall not be responsible or liable for such disclosure and shall indemnify the Bank from any loss, damage or cost the Bank may incur as a result thereof.

v. Upon notice or suspicion of login credentials and/or the login credentials being disclosed to, and/or the login credentials being lost or has otherwise come into the possession or control of any unauthorised person or any unauthorised use of the Service being made, the Customer shall notify the Bank as soon as practicable (and the Bank may ask the Customer to conﬁrm in writing any details given) and, until the Bank's actual receipt of such notiﬁcation, the Customer shall remain responsible for any and all use of the Service by unauthorised persons or for unauthorised purposes. However, the Bank shall not be responsible or liable for any failure to act upon such notiﬁcation if it is received at a time or under circumstances that renders the Bank unable to comply therewith.

(c) Commands:

i. The Customer is required to quote anyone or more of the login credentials and any other identiﬁers as shall be prescribed by the Bank from time to time inorder to log-on to the Service and give Commands to the Bank Online. Commands in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. The Bank will only accept a Command if it has been eﬀected through the Service using an appropriate login credentials and any other identiﬁers in accordance with these Terms and Conditions.

ii. The Customer requests and authorises the Bank to treat all apparently valid Commands received by the Bank as commands properly authorised by the Customer, even if they conﬂict with the terms of any other mandates given by the Customer at any time concerning the Customer's Accounts or aﬀairs. Subject to the Bank's obligations in Clause i above, the Bank shall be under no other obligation to check the authenticity of Commands or the authority of the person(s) giving them.

iii. The Customer is responsible for the accuracy and completeness of Commands and for ensuring that they will achieve the Customer's intended purpose. The Bank is not liable for any loss or delay where the contents of a Command are inaccurate or incomplete nor the Bank shall be responsible or liable for acting in good faith upon a Command and the Customer shall indemnify the Bank for any loss, damage or expense the Bank may incur as a result thereof.

iv. Any Command given in connection with the Service by quoting the login credentials and such other identiﬁers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without the consent of the Bank. All such Commands given, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer.

v. In the event that the Customer requests the Bank to cancel or modify any Command, the Bank will make all reasonable eﬀorts to comply with the Customer's request. However, the Bank is not liable for any failure to cancel or modify the Command if such a request is received at a time or under circumstances that renders the Bank unable to comply with the Customer's request.

vi. The Bank is entitled to debit the Customer's Accounts, wherever they are situated and whenever they are opened, with any amounts that the Bank has paid or incurred in accordance with a Command.

vii. The Bank may, in its absolute discretion and without liability, refuse to act on or delay acting on a Command if:

(a) it is a request or Command the eﬀect of which would be to exceed a limit imposed by the Bank upon the Customer generally or upon the Corporate User in question;

(b) the Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer's Accounts orthe Service generally; or

viii. In the event that the Bank does not act on or delays acting on a Command pursuant to Clause vii above, the Bank shall notify the Customer of such inaction or delay as soon as is reasonably possible.

ix. The Customer acknowledges that a transaction being carried out is not always simultaneous with a Command being given. Some Commands may take time to process and certain Commands may only be processed during normal banking hours even though the Service is Online and may be accessible outside such hours. Accordingly, the Bank shall be not be liable for loss, damage or cost as a result thereof.

x. Any exchange rate, proﬁt and/or, dealing rate and other prices and information quoted by the Bank on the Internet Site or otherwise in response to an Online inquiry is for reference only and is not binding. Any rate, price and information oﬀered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon his conﬁrmation of his acceptance irrespective of any diﬀerent rate, price or information quoted by the Bank for other purposes or transactions.

xi. Any advice or conﬁrmation that a Command has been received and/or a transaction has been eﬀected through the Service will be provided by the Bank Online. Such advice or conﬁrmation shall be deemed to have been received by the Customer immediately after transmission and it is the Customer's responsibility to check such advice or conﬁrmation. Where the Customer does not receive an advice or conﬁrmation within the time usually required for a similar advice or conﬁrmation to be received, it is the Customer's responsibility to make enquiries with the Bank. No separate advice or conﬁrmation of the transaction will be supplied to the Customer by the Bank.

(d) Use of the Service:

i. The Bank shall provide, subject to these Terms and Conditions, Online services and facilities from time to time through any Internet Site to enable the Customer to provide Commands and to communicate with the Bank for the purposes of conducting banking, investment, ﬁnancial and other transactions and dealings of various nature and obtaining services, products, goods, beneﬁts and privileges from the Bank. The Customer shall act as and/or nominate a Corporate Administrator, who in turn may nominate other Corporate Users.

ii. The Bank shall have the right to determine and vary from time to time the scope and type of Service to be made available including, without limitation:

(a) expanding, modifying or reducing the Service at any time;

(b) imposing and varying any restrictions on the use of the Service such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which the Customer may conduct by using the Service; and

(c) prescribing and changing the normal service hours during which the Service is available and any daily cut-oﬀ time for any type of services or transactions. Any of the Customer's Commands received by the Bank after any applicable daily cut-oﬀ time may be processed on the same day or latest by the next banking day. The Bank may specify banking day and daily cut-oﬀ times by reference to the time of various markets operating in diﬀerent time zones.

iii. Until further notice, the Service is oﬀered by the Bank only in United Arab Emirates. If the Customer is not resident in United Arab Emirates and/or is not accessing the Service through a computer located in United Arab Emirates, the Customer is required to become informed about and observe any relevant laws, regulations and local practices whether in relation to any restrictions or otherwise or in relation to the Customer's own circumstances before using the Service or acting on information relating to the Service. No information provided through the Service shall be regarded as an oﬀer or solicitation to sell investments or make deposits in any jurisdiction other than United Arab Emirates nor is such information intended to directly or indirectly oﬀer investment, legal, accounting, tax or ﬁnancial advice to any party.

iv. The Customer agrees to at all times, in addition to complying with these Terms and Conditions, exercise due diligence and good faith in using the Service. Should the Bank be of the opinion that the Customer, Corporate Administrator, and/or Corporate User in any way breach these Terms and Conditions, the Bank shall have the right to, with reasonable post notiﬁcation (if possible), suspend or terminate the use of the Service by the Customer and/or anyone or more of the Customer's Corporate Users.

(e) Service interruption:

i. The Bank may (but is not obliged to) suspend any service provided to the Customer under the Service with reasonable post notice (if possible) where the Bank considers it necessary or advisable to do so, including, without limitation, when:

(a) the Bank suspects a breach or a potential breach of security or the Terms and Conditions;

(b) the Customer fails to take reasonable care to ensure the security of its use of the Service: or

ii. The Bank will use reasonable eﬀorts to inform the Customer without undue delay through the Service, and/or the Bank's Internet Site(s) if any service under the Service is not available. In the event that the Bank has levied any charge on the Customer which is speciﬁcally expressed to be for a particular service which is not available (which for the avoidance of doubt shall not mean any periodic fee charged for the Service as a whole) then the Bank will reimburse the Customer this sum. Other than reimbursing any sum as set out in this Clause, the Bank will have no further liability to the Customer.

iii. It may be necessary from time to time to suspend some or all of the Service for routine, non-routine or emergency maintenance where the Bank considers it necessary to do so. In the event of such a suspension being necessary, the Bank will so far as is possible provide the Customer with a reasonable period of notice prior to the suspension.

(f) Records:

i. The Bank's records, except in the case of manifest error, will be evidence of the Customer's dealings with the Bank in connection with the Service.

ii. Subject to the applicable laws of evidence, the Customer agrees not to object to the admission of the Bank's records as evidence in legal proceedings because such records are not originals, are not in writing or are documents produced by a computer.

(g) Customer's liabilities:

i. The Customer shall be fully liable and responsible for all consequences arising from or in connection with the use of the Service and/or access to any information as a result of such use by the Customer or any other person(s) whether or not authorized.

ii. The Customer will be liable for any loss of funds arising from any unauthorized transaction if the loss occurs before the Customer notiﬁes the Bank that the Customer's login credentials has been misused, lost or stolen provided that the Bank has received such notiﬁcation at a time or under circumstances that renders the Bank able to act upon such notiﬁcation.

iii. The Customer will be responsible for all losses (including the amount of any transaction carried out without the Customer's authority) if the Customer has acted with negligence so as to facilitate any unauthorized transaction(s), or if the Customer has acted fraudulently. For the purposes of this Clause iii, negligence shall be deemed to include failure to observe any of the Customer's security duties referred to in these Terms and Conditions, and the User Guide.

iv. Customer shall be solely responsible for ensuring that the online system used by him for accessing the Bank’s electronic channel “Al Islami Business Online” is secured from viruses, hacking, bugs, any threats that may disclose the login credentials to un-authorized persons/parties or lead to distorting/altering Customer’s Commands delivered to the Bank through the electronic channel “Al Islami Business Online” and the Customer shall be held responsible and liable for any altered, deleted or duplicated Command made by him through the online portal.

(h) Bank's liabilities:

i. The Bank will take reasonably practical steps to ensure that its systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulation, guidelines, circulars, codes of conduct and prevailing market practices that may be applicable from time to time.

ii. The Bank does not warrant or represent that the Service and any information provided by the Service are free from virus or other destructive features which may adversely aﬀect the Customer's hardware, software or equipment. As such, the Bank shall not be liable to the Customer for any loss or damage incurred by the Customer in the event that unauthorized transactions are eﬀected on the Customer’s accounts even in the absence of any negligence on his part. Further, the Bank shall not be liable to the Customer for any loss or damage resulting from computer viruses or other similar features which may aﬀect the Customer’s computer equipment.

iii. In no event shall the Bank be liable to the Customer or any other person(s) for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, proﬁt or savings.

iv. The Customer acknowledges that all information provided through the Service is made available for reference only and is not intended for trading or other purposes, and that the Bank is not an investment or commercial advisor to the Customer.

v. No warranty, representation or guarantee of any kind with respect to the information provided or obtained through the Service is given or may be implied, including without limitation, the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any information, whether they are ﬁt for any purpose, and no employee or agent of the Bank is authorized to give any such warranty, representation or guarantee. The Bank assume(s) no liability (whether in tort or contract or otherwise) for any reliance on information provided or obtained through the Service by the Customer or any other person.

vi. The Customer acknowledges that it is the Customer's responsibility to determine independently market prices and rates for trading purposes through the Customer's usual trading channels, to verify information provided or obtained through the Service before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Service, information provided or obtained through the Service, the conduct of transactions pursuant to such use and these Terms and Conditions which may aﬀect the Customer under all applicable laws.

vii. The information provided or obtained through the Service will be made available as it is supplied and identifying, where relevant, the information provider directly supplying it to the Bank. The Bank does not endorse or express any comment on any information supplied by any information provider nor assume any duty to check or verify any information.

(i) Security:

i. The Customer is responsible for acquiring and maintaining any equipment required for the Customer's continued access to and use of the Internet Site (such as the Customer's telephone or computer) and for the Customer's own computer's anti-virus software and security measures.

ii. The Customer conﬁrms that it has assessed the security features of internet banking and has determined that they are adequate to protect each of the Corporate Users and the Customer's interests in using the Service.

iii. The Customer agrees to ensure that each of the Customer's Corporate Users complies with these Terms and Conditions and any security procedures mentioned or referred to in it including, without limitation, the security recommendations contained in the User Guide.

iv. If the Customer suspects any impropriety on the part of any Corporate User in connection with the Service or a Corporate User leaves the Customer's business, the Customer must take all steps available to ensure that the Corporate User is unable to access the Service. The Customer further undertakes to notify the Bank immediately to terminate such Corporate User's access to the Service.

(j) Indemnity and authority:

i. The Customer requests and authorises the Bank from time to time to act upon written instructions or requests to the Bank concerning the administration of the Service when signed, by the Corporate Administrators. Such instructions and requests may include, without limitation, the provision by the Customer to the Bank of requests

(a) to remove or replace any Corporate User;

(b) to reset any Passwords; or

ii. The Bank shall be entitled to refuse to act on any written instruction or request that is sent by facsimile transmission or other electronic communication in accordance with Clause i above. The Bank agrees however to use reasonable endeavors to inform the Customer of such refusal.

iii. Where any written instruction or request referred to in Clause I above is sent by facsimile transmission or other electronic communication, the Customer hereby requests and authorises the Bank from time to time, without further authority or notice, from the Customer, to act upon such instruction or request. In addition the Customer agrees that the Bank shall not be liable to the Customer or any third party for any loss or damage suﬀered by the Customer or any third party arising from the facsimile transmission or other electronic communication being unauthor-ised or fraudulent and the Customer agrees to keep the Bank fully indemniﬁed against any claims or demands arising therefrom.

iv. The Bank shall not be liable for any losses arising as a result of any delays when acting in accordance with written instructions howsoever provided pursuant to this Clause j

v. The Customer shall indemnify the Bank and its respective ofﬁcers and employees against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind (including without limitation, legal fees on a full indemnity basis) that may be incurred by any of them and all actions and proceedings that may be brought by or against any of them in connection with the provision of the Service, information provided or obtained through the Service or the exercise or preservation of the Bank's powers and rights under these Terms and Conditions except in the case of fraud, gross negligence or willful misconduct of the Bank, its ofﬁcers or employees.

(k) Termination:

i. Either party may terminate the Service on not less than two (2) Business Days notice to the other party.

ii. Either party may terminate the Service with immediate eﬀect by notice to the other, if the other party commits a material breach of these Terms and Conditions or becomes insolvent under the laws of any applicable jurisdiction.

iii. Termination will not aﬀect the rights and remedies of either party accrued to the date of termination nor will it aﬀect any provision of these Terms and Conditions which are intended to apply after termination.

iv. Upon termination of the Service, all provisions of these Terms and Conditions which in order to give eﬀect to their meaning need to survive termination of the Service, shall remain in full force and eﬀect. Notwithstanding termination, each party shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities which remain to be performed or discharged.

(l) Notices and agents:

i. The Bank may at any time appoint one or more agents to provide all or any part of the Service. The Customer agrees that such agents shall have the beneﬁt of any provisions of these Terms and Conditions which limit the Bank's liability.

ii. The Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to the Terms and Conditions.

iii. All notices and advice to be given by the Bank to the Customer under these Terms and Conditions may be given in writing or electronically through the Service. All such notices and advice will be deemed to have been received by the Customer:

(a) in the case of personal delivery, at the time of personal delivery or on leaving it at the last address provided by the Customer to the Bank notwithstanding the subsequent return of such notices and advice;

(b) in the case of posting, three (3) Business Days from dispatch to the last address provided by the Customer to the Bank notwithstanding the subsequent return of such notices and advice;

(c) in the case of each e-mail communication, immediately after transmitting to the e- mail address through which the Customer has so communicated with the Bank;

(d) in the case of e-mail communication initiated by the Bank through the Service, immediately after issuance of the message by the Bank; and

(e) in the case of posting on the Internet Site(s), by display and/or advertisement, immediately after such posting, display and/or advertisement by the Bank.

iv. Except where these Terms and Conditions, the Internet Site's disclaimer or internet privacy statement speciﬁcally provide for the manner of giving notice, all notices and communications from the Customer to the Bank (such as instructions to close any Account(s) with the Bank) shall be in writing and shall be delivered by post or by hand to the Bank.

(m) Force Majeure:

i. Neither party will be liable for delay in performing or failure to perform any of its obligations under these Terms and Conditions which is caused by circumstances beyond its reasonable control, including, without limitation, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and the time for performance of the aﬀected obligation will be extended by a period which is reasonable under the circumstances.

(n) Internet sites, charges and supplemental terms:

i. The Customer agrees to pay the Bank's scale of charges (if any) for providing the Service as the Bank advises to the Customer from time to time. The Bank reserves the right to charge fees in relation to the use and/or termination of the Service including, without limitation, to impose a charge for its provision online services and to revise such fees. The Bank may with reasonable notice to the Customer vary its charges and the frequency and dates of payment at any time. These charges are in addition to any charges for particular banking or other services the Bank might provide in response to the Customer's Commands through the Service.

ii. The Customer is liable for any telephone charges and any charges made by the Customer's Internet service provider as a result of the use by the Customer of the Service.

iii. The Customer authorises the Bank to set oﬀ, freeze or debit any of the Customer's accounts with any charges for the provision of the Service.

iv. When the Bank introduces new services under the Service the Bank may do so on supplementary terms which will be notiﬁed to the Customer from time to time in accordance with these Terms and Conditions.

v. The Internet Site(s) through which the Customer accesses the Service is/are subject to change by the Bank. Unless such change would aﬀect a right or obligation of the Customer or the Bank under these Terms and Conditions or if the Bank has speciﬁcally agreed to give prior notice to the Customer, the Bank may make such changes (including changes to the layout) without notiﬁcation to the Customer.

vi. The Bank may modify these Terms and Conditions on not less than thirty (30) Business Days' notice to the Customer or such shorter period (other than in the event of any variations to the Bank's charges) as is necessary for the eﬀective operation of the Service. The Customer's access to and use of the Service after such modiﬁcations have been notiﬁed to the Customer shall constitute the Customer's acceptance of the same.

(o) Intellectual property rights:

i. The Bank has a license for or owns all copyrights for the Internet Site through which the Customer accesses the Service and all applicable trademarks and other materials used on or provided through it, including, without limitation, Dubai Islamic Bank and the Dubai Islamic Bank logo.

ii. The Customer acknowledges and agrees that Dubai Islamic Bank and the Dubai Islamic Bank logo, the information provided or obtained through the Service, its form, format, mode or method of compilation, selection, conﬁguration, presentation and expression (collectively 'Conﬁdential Information') are trade secrets and conﬁdential and proprietary property of the Bank and/or that of the respective information providers. No right, title or interest other than the right to access the information provided or obtained through the Service subject to these Terms and Conditions is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest in the Conﬁdential Information.

iii. Unless expressly permitted by these Terms and Conditions, the Customer shall not, and shall not attempt to:

(a) sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Conﬁdential Information in any form or by any means to any other person or commercially exploit any Conﬁdential Information;

(b) remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Conﬁdential Information including, without limitation, any trademark or copyright notice; or

iv. The Customer is only permitted to print, copy, download or temporarily store extracts from the Bank's Internet Site(s) for the Customer's own information or when the Customer uses the Service. The Customer is not permitted to alter anything and any other use is prohibited unless the Customer ﬁrst obtains the Bank's written consent. The Customer may not use any part of the Bank's Internet Site on any other web site, or link any other web site to the Bank's Internet Site, without the prior Bank's written consent.

(p) Hyperlinks:

i. The Internet Site may provide hyperlinks that enable the Customer to access the web site of other companies.

ii. The hyperlinked web sites may not provide any regulatory protection in the Customer's jurisdiction and the Bank is not liable for the Customer's use of the hyperlinked web sites and the Customer shall assume all risks and responsibilities which may arise from accessing such web sites via the hyperlink and are advised to read the terms and conditions of use for these web sites. The Customer is also advised to read the privacy policy statements of such web sites prior to providing any personal information.

iii. The hyperlinks to non Bank web sites from the Bank's Internet Site do not constitute an endorsement by the Bank of such third party web sites.

(q) Encryption:

i. The Customer should be aware that the Bank uses a very high level of encryption. The use of such levels of encryption may be illegal in jurisdictions outside United Arab Emirates. It is the Customer's responsibility to ensure that, if outside the United Arab Emirates, the Customer's ability to use the Service is permitted by local law and the Bank shall not be liable for any loss or damage suﬀered by the Customer as a result of not being able to use the Service in these jurisdictions.

(r) Advertising:

i. From time to time the Bank may advertise its own products or services and also those of third parties on the Internet Site through which the Customer accesses the Service or through the Service itself. If, in relation to other agreements between the Customer and the Bank, the Customer has asked the Bank not to send the Customer any marketing material (or if the Customer does so in the future), the Customer agrees that this restriction will not apply to these electronic advertisements and consents to receiving them when accessing the Bank's Internet Site and/or the Service.

(s) General terms:

i. These Terms and Conditions constitute the entire agreement between the Customer and the Bank concerning the use of the Service and supersedes all previous agreements, communications, representations and discussions between the Customer and the Bank relating to the Service. Any other agreements between the Bank and the Customer and/or mandates relating to the conduct of the Customer's Accounts shall remain unaﬀected.

ii. As applicable, where the Customer is a partnership or company, the Terms and Conditions will continue in force unless revoked by notice given by relevant authority in such partnership or company, notwithstanding any change of name of the partnership or company, admission of new partner(s) or Shareholder or where such persons are ceasing to be a members of the partnership or company by reason of death or otherwise.

iii. The Customer agree to comply with all applicable data protection and other laws to the same or similar purpose in all relevant jurisdictions. iv. Each provision of these Terms and Conditions is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be aﬀected in any way.

iv. Each provision of these Terms and Conditions is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be aﬀected in any way.

v. Nothing in these Terms and Conditions shall aﬀect any right of set-oﬀ or combination which the Bank has in relation to any Account which the Customer accesses Online.

vi. The Customer acknowledges, accepts and agrees that he may be exposed to the risk while using electronic banking services and he indemniﬁes the Bank against any and all losses and damages suﬀered or incurred by him arising out of his use of electronic banking services of the Bank.

32. The Bank reserves the right at all times to amend the terms & conditions or introduce new terms & conditions without prior notice to the Customer.

33. Any change in the legal status, name or/and ownership of the Customer shall be notiﬁed immediately to the Bank failing which shall cause to the suspension of the services.