| | Valid since 22 May 2010 |
| | |
1. | GENERAL PROVISIONS |
1.1. | General Conditions (hereinafter: General Conditions) of Tallinna Äripanga AS (hereinafter: the Bank) apply to all legal and natural persons who use Bank’s services (hereinafter: the Customer). |
1.2. | The Bank has drafted these General Conditions based on the current legislation of the Republic of Estonia and sound banking practice. |
1.3. | In addition to the current legislation of the Republic of Estonia the relationships between the Bank and the Customer are based on effective terms and conditions for the Bank’s products, its price list, contracts concluded between the Bank and the Customer, sound banking practice as well as principles of good faith and rationality |
| 1.4. | General Conditions, Terms and Conditions for the Bank’s product and Price List are made public by displaying them in the Bank’s offices on its website www.tbb.ee . |
2. | APPLICATION OF GENERAL CONDITIONS AND CONDITIONS FOR SEPARATE BANK PRODUCTS |
2.1. | The relationships between the Bank and the Customer are based on the current legislation of the Republic of Estonia, General Conditions, effective terms and conditions for the Bank’s products (hereinafter: Terms and Conditions for the Bank’s product), contracts concluded between the Bank and the Customer (hereinafter: Contract), the Bank’s price list (hereinafter: Price List), sound banking practice as well as principles of good faith and rationality. |
2.2. | Should there be any variance between the General Conditions and the conditions under the Contract or between Terms and Conditions for the Bank’s product and the Contract, the terms and conditions set forth under the Contract shall have priority |
2.3. | The General Conditions shall be applicable in respect to all relationship between the Bank and the Customer having arisen during the period of validity of the General Conditions and to contractual relationship having arisen before coming into force of the General Conditions and valid on the day of coming of the General Conditions into force. |
2.4. | The Bank shall be entitled to unilaterally make amendments in the General Conditions and Terms and Conditions for the Bank’s product provided the amendments are not unreasonable in relation to the Customer. The Bank shall inform the Customer about amendments to be made in the General Conditions, Terms and Conditions for the Bank’s product, Contracts and Price List by displaying the new/amended versions of these documents in the Bank’s offices or on its website at least 1 month prior to the amendments coming into force. In this case the Bank’s obligation to inform the Customer is considered fulfilled. |
2.5. | Where the Customer does not accept amendments made in the General Conditions, Terms and Conditions for the Bank’s product and Price List by the Bank, the Customer shall have a right to terminate the contract(s) with the Bank by issuing the Bank a respective written notification within the period of time indicated in Art. 2.4 and having fulfilled any outstanding contractual obligations before the Bank. |
2.6. | In reasonable circumstances the Bank has a right to unilaterally and without advance notification change or amend the Price List and immediately inform the Customer about such changes and amendments in the Bank’s offices or on its website. Where the Customer does not agree with the Price List changes the Customer shall have a right to immediately terminate the contract(s) with the Bank having fulfilled any outstanding contractual obligations before the Bank. |
2.7. | Where the Customer does not terminate contractual relationship according to provisions of Art. 2.5 or 2.6 it is considered that the Customer accepts changes or amendments made to the General Conditions, Terms and Conditions for the Bank’s product or Price List. |
3. | CUSTOMER IDENTIFICATION |
3.1. | When concluding a contract and making a transaction the Bank is obliged to identify the Customer or his/her representative. Where the Bank has identified the Customer or his/her representative earlier the Bank may decide in favor of performing additional identification. |
3.2. | Identification of a natural person means establishing his/her name and surname, personal ID number or date of birth, address, the title of the personal identification document and its number, date of issue of the personal identification document, the name of organization issuing the personal identification document and other personal identification data as well as recording such information or saving it digitally. |
3.3. | At the Bank’s request a natural person Customer and his/her representative shall present personal identification documents. |
| 3.4. | Identification of a legal person means establishing its business name, registration number or code, its area of activity, registered address and contact details as well as recording such information or saving it digitally. |
| 3.5. | A legal person registered in the Republic of Estonia or a branch of a foreign company registered in the Republic of Estonia shall be identified on the basis of a valid printout of registry data and/or other documents required by the Bank. |
| 3.6. | A legal person registered in a foreign country shall be identified on the basis of a valid printout of registry data or a copy of registration certificate (which shall contain the name of a legal person, its registration number, date of registration, the name and the country of the registry, the date of issue of documents), Articles of Association or incorporation agreement, document to identify owners of the legal person including personal data of owners (name, address, personal or register code), document regarding elections/assignments of management (managing board, chief executive officer) of the legal person or other documents upon the Bank’s request. |
| 3.7. | According to the Contract concluded by the Bank and the Customer further identification of the Customer or the Customer’s representative for the purposes of concluding contracts, issuing instructions, notifications and applications and signing the abovementioned documents may be performed by using technological means approved by the Bank. |
4. | REPRESENTATION |
4.1. | A natural person may perform bank transactions in person or through his/her representative. A legal person performs bank transactions through its representative |
4.2. | At the Bank’s request a natural person Customer shall perform bank transactions in person. |
4.3. | The Bank is not obliged to accept the document confirming the right of representation that fails to communicate the Customer’s intention in clear and unambiguous manner |
| 4.4. | The document confirming the right of representation shall be presented in the form accepted by the Bank. The Bank has a right to demand notarization or similar certification of a document confirming the right of representation that was made outside of the Bank’s premises. |
| 4.5. | The Bank is entitled to accept a document confirming the right of representation only if it contains the following information: description of authority limits, name and surname of the representative, his/her personal ID number or date of birth (or name and registration code for legal persons), right to transfer power of attorney (if any), date of issue of the document confirming the right of representation and period of its validity. |
| 4.6. | The Bank shall not be responsible for transactions performed by any persons without the right of representation and for any consequences of such transactions where the Customer has failed to properly perform the obligation of notification (see, Art. 9.3 and 9.4). The Customer shall also inform the Bank where information about the right of representation is registered with a public registry, published in the media (including any official publications) or where a court decision exists in connection with the right of representation. |
| 5. | REQUIREMENTS WITH REGARD TO DOCUMENTS |
5.1. | Documents shall be submitted by the Customer to the Bank in the form of original copies or notarized (or similarly certified) duplicates. |
5.2. | Documents issued in a foreign country shall be either original copies or notarized (or similarly certified) duplicates, legalized copies or copies certified in a manner similar to legalization (with apostil). |
5.3. | The Bank shall be entitled to keep the original document (except for personal identification documents) submitted by the Customer or his/her representative, or make a copy of this document. |
| 5.5. | The Bank shall be entitled to request translation of documents presented in foreign languages into the Estonian language or some other language at the Bank’s option. The translation is to be made by a sworn translator or the signature of the translator is to be notarized. |
| 5.5. | The Bank shall be entitled to assume that any documents submitted by the Customer are authentic, accurate and valid. |
| 5.6. | Where the origin of any document causes doubts, the Bank shall be entitled to refuse performing a transaction and may request submitting additional information or documents. |
6. | CONCLUDING A CONTRACT |
6.1. | Relationships between the Bank and the Customer are regulated by Contracts made in writing or any other form where the law provides for no compulsory form of contract. The contract for using services rendered by the Bank for the first time (provided there is no need to have a bank account for it) or for opening the first account with the Bank shall be made in writing. |
6.2. | As a prerequisite to concluding a contract the Customer shall accept the General Conditions, Terms and Conditions for the Bank’s product and Price List. |
6.3. | Based on the public interest or the interest of the Bank and the Customer the Bank may limit the number of persons with whom/which the Bank enters into contractual relationships. Before concluding a contract the Bank shall carefully consider all relevant circumstances and shall only refuse concluding a contract where legitimate reasons exist. The Bank shall be entitled to refuse to conclude the Contract primarily where: |
6.3.1. | a natural person or a legal person related to such natural person have intentionally or due to gross negligence submitted incorrect and insufficient data to the Bank or a legal person of the group consolidated with the Bank or refuses to submit the required data; |
6.3.2. | upon the Bank’s request a natural person or a legal person related to such natural person have not submitted to the Bank or a legal person of the group consolidated with the Bank data or documents sufficient for identification of the person or to confirm legal origin of the money or where there are suspicions of money laundering or financing of terrorism in connection with the person; |
6.3.3. | a natural person or a legal person related to such natural person have overdue debts before the Bank or before a legal person of the group consolidated with the Bank; |
6.3.4. | actions or omissions of a natural person or a legal person related to such natural person result in damage or actual danger of damage for the Bank or a legal person of the group consolidated with the Bank; |
6.3.5. | the document submitted by a person to the Bank has forgery elements or does not meet requirements of the Bank in some other way; |
6.3.6. | according to the information of recognized and trustworthy sources (e.g. state authorities, international organizations, media) a person is related to a criminal group, involved in money laundering or terrorism financing; |
6.3.7. | the Bank has a right to refuse conclusion of a current account contract on other reasonable grounds, primarily where conclusion of such contract is impossible due to legal constraints, such as restricted ability to act, collision or lack of representation rights. |
6.4. | The Bank has a right to decide whether to conclude a current account contract with natural or legal persons that are not resident in Estonia (e.g. legal persons registered in a foreign state with low taxation rates). |
6.5. | Before refusing to conclude a current account contract the Bank shall carefully consider all aspects of the each particular case and shall make its decision on the basis of reasonable principles. |
7. | SIGNATURES |
7.1. | The Bank shall accept the Customer’s personal signature, the Customer representative’s personal signature and in cases indicated in the Contract electronically or orally transmitted codes. |
7.2. | Documents shall be signed digitally only in cases stipulated by the law, provided a digital signature certificate has been issued by the company approved by the Bank |
7.3. | The Bank shall be entitled to request the Customer to sign documents in the Bank’s premises, or where it turns out impossible, to request notarization of Customer’s signature. |
8. | BANKING SECRECY AND PROCESSING OF CUSTOMER’S DATA |
8.1. | The Bank may not disclose any information considered a banking secret by the Credit Institutions Act to any third parties without the Customer’s approval, except for situations where disclosure of banking secrets is allowed or prescribed by the law. |
8.2. | The Customer is aware and agrees that the Bank may process (gather, store, sort, change, use, forward etc.) personal data of the Customer and the Customer’s representative (including personal ID numbers) without approval of the Customer and the Customer’s representative. Processing of personal date of the Customer and the Customer’s representative after termination of contractual relationships with the Customer is allowed without prior obtaining approval of the Customer and the Customer’s representative in order to perform or enforce concluded Contract or in order to enforce rights or perform obligations of the Bank imposed by the law. |
8.3. | The Bank shall process personal data of the Customer solely to reach legally allowed goals and only to the extent necessary to perform the Bank’s obligations under the law, provide services to the Customer or to protect the Bank’s violated rights |
8.4. | The Customer is aware and agrees that in addition to situations indicated by the law the Bank may forward data in connection with the Customer (including data considered the banking secret and personal data) to: |
8.4.1. | a legal person of the group consolidated with the Bank; |
8.4.2. | a correspondent bank under such bank’s request where it is necessary to perform instructions issued by the Customer; |
8.4.3. | persons related to services provided by the Bank (international credit card organizations, communication, post services, printing services and IT services providers); |
| 8.4.4. | data banks (including Krediidiinfo AS), where the Bank is obliged to forward information according to the law or under a contract; |
| 8.4.5. | other third parties in connection with protection of the Bank’s legal rights. |
9. | EXCHANGE OF INFORMATION BETWEEN THE BANK AND THE CUSTOMER |
| 9.1. | The Bank shall notify the Customer by posting information in its branch offices, on its Website or in other agreed manner. Where necessary the Bank shall send personal notifications by post or with other means of communication. |
9.2. | Where the Customer has provided the Bank with its contact details (phone number, email address, postal address) the Customer agrees that the Bank may forward the Customer the Bank’s group information or information of any third parties. |
9.3. | The Customer shall be obliged to immediately inform the Bank in writing or in any other agreed way about any circumstances that are considered important for the purposes of current business relationships that impact or might impact the fulfillment of the Customer’s or the Bank’s obligations including: change of the Customer’s name, address or representative; loss or theft of personal identification documents of the Customer and the Customer’s representative or of other means of their identification (e.g. Internet banking security element) as well as any changes in rights of representation of the Customer’s representative. |
9.4. | A legal person Customer shall inform the Bank about restructuring, merging or splitting of the legal person as well as about declaration of its bankruptcy or start of its liquidation. The Customer’s obligation to inform the Bank shall also stand in case the abovementioned changes have been filed with the public registry or made public in the media. |
| 9.5. | Where the Customer fails to comply with information obligation indicated in Art. 9.3 and 9.4 the Bank shall consider the information at its disposal to be accurate and the Bank shall not be responsible for any loss incurred to the Customer and/or any third party due to the Customer's failure to comply with the information obligation. |
| 10. | CUSTOMER’S INSTRUCTIONS |
10.1. | Any instructions shall be submitted to the Bank by the Customer in writing or shall be transmitted in another manner agreed between the Bank and the Customer |
| 10.2. | The Bank shall be entitled to assume that the content of any instruction of the Customer presented to the Bank corresponds to the Customer’s intentions |
| 10.3. | The Bank shall generally undertake to execute only such instructions that are drawn accurately and in the form accepted by the Bank, that are unambiguous, executable and clearly indicate the Customer’s intentions. The Customer shall be responsible for any inaccuracies, mistakes and incorrect delivery of the instructions. The Bank shall be entitled to request additional information or documents where particular set of instructions is incomprehensible. |
| 10.4. | The Bank shall be entitled to record instructions submitted and other transactions performed by the Customer and if necessary, use them as an evidence of the Customers instructionss or other transactions. |
| 11. | PERFORMANCE OF CUSTOMER’S INSTRUCTIONS |
11.1. | The Bank shall perform the Customers instructions taking into consideration the Estonian law, other legal acts, the General Conditions and Contract concluded between the Bank and the Customer. |
11.2. | Prior to performing the Customer’s instructions the Bank shall be entitled to ask the Customer to provide documents as a proof of legal origin of the funds or any other property to be used in particular transaction. The Bank shall be entitled to reject the Customer’s instructions in case the Customer fails to prove legal origin of the money or any other property to be used in transaction or if the transaction has raised the Bank’s suspicions of money laundering or terrorism financing. |
11.3. | The Bank may deviate from the Customer’s instructions where it is reasonable for the Bank to assume that the Customer would approve such actions. |
11.4. | The Bank shall be entitled to refuse performing the Customer’s instructions in case the instructions do not meet the requirements stipulated in Art. 10.3. The Customer may find out whether the transaction has been performed or not from the statement of the account. |
11.5. | The Customer shall be obliged to create all conditions reasonably dependant on the Customer and necessary for swift performance of the Customer’s instructions. In case the Customer fails to comply with this obligation, the Bank shall be entitled to refuse performing the Customer’s instructions and shall not bear liability for any damage caused to the Customer and/or any third party by the refusal to perform such an order |
| 11.6. | The Customer shall be entitled to demand that the Bank performs the instructions provided the performance of such instructions is indicated in the Bank’s Price List or the Bank and the Customer have a separate agreement for performance of such instructions. |
| 11.7. | The Customer shall be entitled to revoke the instructions where the Bank has not yet performed them or has not taken any obligations before the third parties related to the performance of the instructions. |
12. | TRANSACTIONS IN FOREIGN CURRENCY |
| 12.1. | The Bank shall be entitled to apply all conditions and restrictions in connection with transactions and operations performed by the Customer in a foreign currency that are effective in the country of origin of particular currency and that have an impact on the Bank while making transactions or investments in such foreign currency. |
| 12.2. | The Bank shall be entitled to postpone or apply limitations on obligations nominated in any foreign currency in case such actions are caused by force majeure circumstance in the country of origin of the currency. The above provision shall not apply to the transactions performed within the Bank or to any offsets. |
| 12.3. | The Bank shall use the valid exchange rate set by the Bank in order to perform currency exchanges necessary in order to perform the Customer’s instructions. The Customer shall bear any risks in connection with possible exchange rate fluctuatio |
13. | SERVICE CHARGES AND ARREARS |
| 13.1. | The services rendered by the Bank to the Customer, the transactions performed for the Customer and the prices charged are indicated in the Price List. The Bank shall be entitled to charge and the Customer shall be liable to pay for a rendered service in accordance with the Price List. |
| 13.2. | The Bank and the Customer may conclude an additional agreement for service charges different from that indicated in the Price List. |
| 13.3. | In addition to the Price List or any separate agreement the Customer shall cover costs of any operation performed by the Bank in the interest of the Customer (e.g. postage, telephone expenses, notary fees, unexpected extra pays, deposit charges, etc.). |
| 13.4. | The Price List shall be available at any time within business hours in all branch offices of the Bank and at any time of the Bank’s website. |
| 13.5. | Notifications with regard to amendments to the Price List shall be provided according to provisions of Art. 2.6. |
| 13.6. | The Bank shall withhold all charges and other payable amounts and arrears from the Customer’s current account indicated in the Contract. |
| 13.7. | The Bank shall be entitled to set up an order in which any charges and other amounts and arrears payable to the Bank are to be withheld. |
| 13.8. | In case the funds available on the account to deduct a charge and other payable amounts and arrears from are not sufficient, the Bank shall be entitled to withhold a charge and other payable amounts and arrears from any other Customer’s account at its own option (and may use any foreign currency deposited on the account for these purposes) or from the funds at any time coming to the Customer’s accounts (after the amounts became collectable but before they have been actually withheld by the Bank) even where the Customer provides different instructions with regard to these amounts |
| 13.9. | Where the Customer fails to perform its obligations before the Bank, the Customer shall pay the Bank a fine as indicated in the Price List or in the Contract. The Bank shall charge the fine from the day the respective debt is created and shall stop charging the fine on the day the debt is fully repaid. |
| 13.10. | The Customer shall receive information about withheld service charges and other amounts / debts from the statement of the account. |
| 14. | GUARANTEE FOR THE BANK’S CLAIMS |
| 14.1. | The Bank shall be entitled to request a collateral to guarantee proper performance of the Customer’s obligations under the Contract. |
| 14.2. | The Bank shall be entitled to request a collateral from the Customer or to demand increasing the value of already available collateral where the terms and conditions serving as the basis for the relationship between the Customer and the Bank have changed and where such change has an impact or may have an impact on the performance of obligations by the Customer. Such changes are: |
| 14.2.1. | change of the Customer’s economic situation for the worse or risk of such change; |
| 14.2.2. | decrease of the available collateral value or risk of decreasing; |
| 14.2.3. | other circumstances that affect or may affect proper performance of obligations of the parties. |
15. | MISTAKENLY PERFORMED TRANSACTIONS |
| 15.1. | Where funds have been transferred to the Customer’s account by mistake, the Customer having discovered the mistake shall be obliged to immediately inform the Bank about it and return the funds. |
15.2. | Where the Customer fails to return the funds the Bank shall be entitled to deduct the amount mistakenly transferred to a wrong account from such account and/or block the account without obtaining the Customer’s approval |
| 16. | BLOCKING UP AN ACCOUNT AND/OR A SERVICE |
| 16.1. | Blocking up an account means making transactions with funds available on the account partially or totally impossible. |
| 16.2. | Normally the Bank shall block up and release a blocked account or rendered service at the Customer’s request made in writing or transmitted in any other way agreed between the Bank and the Customer. |
| 16.3. | The Bank shall also block up an account or to rendered service at the Customer’s verbal request. In case the Bank has any doubts in the identity of the person giving the instructions the Bank shall be entitled not to block up the Customer’s account or rendered service, or to ask for confirmation of the request in writing to be submitted within the period of time indicated by the Bank. Where the Customer does not submit the confirmation in writing, the Bank shall be entitled to terminate blocking up the account or rendered service. |
| 16.4. | In cases mentioned in Art. 16.3 the Bank shall be not liable for the loss resulting from not blocking up or terminating the blocking up the Customer’s account or rendered service. |
16.5. | The Bank shall be entitled to block up the Customer’s account in the following cases: |
16.5.1. | if the Customer has no funds to perform its obligations under the Contract; |
| 16.5.2. | if the Bank receives information with documentary confirmation with regard to death of a natural person account holder; |
| 16.5.3. | if the Customer does not submit the documents asked for by the Bank or submitted documents on the representation rights are contradictory, or where correctness of submitted documents is doubtful; |
| 16.5.4. | if the Bank has reasons to suspect that the Customer is involved in money laundering; |
| 16.5.5. | if the Customer refuses to present the documents required by the Bank (e.g. a valid and where necessary a certified registry printout for a legal person not resident in the Republic of Estonia; a contract confirming origin of Customer’s funds or describing the Customer’s activities; a document confirming personal data of a person acting in the interests of the Customer etc.). |
| 16.6. | The Bank shall release the account from blocking after the circumstances having served as the reason to block up the account have lapsed. |
16.7. | The Bank shall not be liable for any loss resulting from blocking up the Customer’s account or rendered service. |
| 17. | TERMINATING A CURRENT ACCOUNT CONTRACT AND CLOSING AN ACCOUNT |
17.1. | A current account contract concluded between the Bank and the Customer shall generally be terminated and the account shall be closed at the Customer’s request made in writing or transmitted in any other way previously agreed on. |
| 17.2. | The Bank shall be entitled to terminate a current account contract unilaterally as well as to close an account in case the account has not been used for any banking transaction within a full year. Transfers made by the Bank without any instruction of the Customer shall not be deemed banking transactions for the purposes of this Article. The Bank shall also be entitled to terminate a current account contract on the basis of general provisions of the law. |
| 17.3. | In case an open-ended current account contract is terminated pursuant to the previous article, the Bank shall retain any funds available on the Customer’s account on the Bank’s own account and shall pay them out to the Customer at the Customer’s first request, or shall deposit such funds with the notary in favor of the Customer. The Bank shall not pay interest on the Customer’s funds left in the possession of the Bank after the current account contract has been terminated and the account closed. |
17.4. | Closing of an account shall serve as the basis for termination of all other agreements related to this account and for expiry of all obligations arising from these agreements |
| 17.5. | Before closing an account the Bank shall transfer any due interest to the Customer’s account, withhold any service charges and the Customer’s arrears, and shall pay out the remaining part to the Customer or to the third party designated by the Customer or transfer the funds to the account indicated by the Customer. |
| 17.6. | In case of death of a natural person Customer, the Bank shall close his/her account after making all payments subject to documents certifying the right of inheritance. |
17.7. | A closed account shall not be reopened. |
| 18. | OFFSETTING |
18.1. | The Bank shall be entitled to perform offsets unless otherwise agreed by the Bank and the Customer or stipulated by the law. |
18.2. | The Bank shall be entitled to first withhold from the Customer’s accounts any amounts payable to and recallable by the Bank (including where the Customer or any third party has submitted other payment orders after an amount has become recallable and before it is withheld by the Bank) unless otherwise stipulated by the law. |
18.3. | The Bank shall notify the Customer about an offset in accordance with a contract concluded with the Customer or pursuant to the law. |
19. | TERMINATION OF CONTRACT ON BEHALF OF THE BANK |
19.1. | The Bank shall be entitled to terminate the Contract unilaterally, where the Customer intentionally and substantially breaches any obligations under the Contract. For the purposes of this article the following is considered a substantial violation of the Customer’s obligation: |
19.1.1. | Natural person Customer or legal person related to him/her has submitted to the Bank or to a legal person of the group consolidated with the Bank wrong or deficient data or documents, refuses to submit required data or documents or fails to inform the Bank of the change of relevant data; |
19.1.2. | Natural person Customer or legal person related to him/her has not submitted to the Bank or to a legal person of the group consolidated with the Bank sufficient requested data or documents to identify his/her person or to confirm legal origin of the funds or/and property, or a serious suspicions in money laundering have arisen in connection with the person; |
| 19.1.3. | Natural person Customer or legal person related to him/her has got arrears payable to the Bank or to a legal person of the group consolidated with the Bank ; |
| 19.1.4. | Documents presented by the Customer has forgery elements or do not correspond to other requirements of the Bank; |
| 19.1.5. | The Bank has a reason to suspect that the Customer is involved in money laundering or terrorism financing or that a front party is used to perform transactions in the name of the Customer; |
19.1.6. | Actions or omissions of a natural person Customer or legal person related to him/her has resulted in losses for the Bank or for a legal person of the group consolidated with the Bank or might cause danger for such losses to arise; |
| 19.1.7. | Any other legal reason particularly where performance of the Contract is obstructed by any legal reason such as limited or total absence of ability to act, contradictions in the representation rights or absence of such rights. |
19.1.8. | In case of early termination of Contract the Bank shall carefully consider all aspects of the each particular case and shall make its decision on the basis of reasonable principles. |
20. | PREVENTION OF MONEY LAUNDERING AND TERRORISM FINANCING |
| 20.1. | In order to prevent money laundering and terrorism financing the Bank shall have a right to: |
| 20.1.1. | regularly control data serving as a basis for the Customer’s identification and request any additional documents; |
20.1.2. | repeat identification of the Customer of the Customer’s representative where the Bank has suspicions in the accuracy of information obtained during the initial identification; |
| 20.1.3. | introduce temporary or permanent restrictions on the use of Services; |
| 20.1.4. | demand documents and data on the Customer’s business activity, including information on the Customer’s business partners, turnover, payments, transactions in cash and proportion of such transactions, as well as information on the goal of particular transaction, its nature and legal origin of the Customer’s funds; |
20.1.5. | demand documents serving as a basis for the Customer’s transactions (e.g. sale contract, supply contract, documents related to the goods etc.), as well as data or documents in connection with another party in particular transaction, actual beneficiary or other persons related to the transaction. |
| 20.2. | The Bank has a right not to carry out the Customer’s instructions where the Customer fails to perform the requirements set out in Art. 20.1.4 and 20.1.5. |
21. | LIABILITY |
21.1. | The Bank and the Customer shall perform their obligations in good faith, soundly and in accordance with the requirements of taking care as well as traditions and practice. |
21.2. | Parties shall be responsible for the loss caused to another party as a result of failure to perform contractual obligations or improper performance of such obligations. |
| 21.3. | The Customer shall not be liable for violation of any obligations provided the Customer may prove that improper performance or the failure to comply with the obligations was caused by force majeure circumstances. |
| 21.4. | The Bank shall not be liable for any loss caused to the Customer by force majeure circumstances, including illegal obstruction of the Banks operation by any third party (e.g. bomb threats, bank robberies), as well as other events beyond the Bank’s control (e.g. strike, moratorium, power cut, malfunction of communication lines, etc.), or losses caused by actions of the state authorities. |
21.5. | The Bank shall not be responsible for any services provided or information forwarded by any third parties through intermediary of the Bank. |
| 21.6. | The Bank shall not be responsible for any damage caused by fluctuations in exchange rate of currency or securities or for any other investment-related risks. |
21.7. | The Bank shall not be responsible for any damage caused by the fact that the Bank does not know of absence of legal capacity of a legal person or absence of capacity to act or to make decision of a natural person. |
| 22. | SETTLEMENT OF DISPUTES |
22.1. | The Bank and the Customer shall attempt to settle any disputes arising between them immediately on the spot. |
| 22.2. | In case it is impossible to settle the disputes on the spot, the claimant is entitled to submit to the other party a complaint in writing. |