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For the purpose of defining the rights and obligations and standardizing business behavior of both parties, and improving customer services,
the applicant for e-banking services for personal customers
（hereinafter referred to as "Party A"）and
China Construction Bank Corporation
（hereinafter referred to as "Party B"）hereby enter into this Agreement on the matters relating to e-banking services of China Construction Bank, on the basis of equality and reciprocity. This Agreement is binding on both parties.
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| Article 1 |
Definitions
Unless otherwise specially stated, for the purpose of this Agreement, the following terms shall have the meanings below:
E-banking services mean payment and settlement service, wealth management service and information service that Party B provides to Party A through international internet, public communications, telephone integrated circuit and other means.
Identity authentication factors mean information factors used by Party B to authenticate the identity of Party A in e-banking transactions, including customer number (username, certificate number, etc.), password, electronic certificate, USB key, dynamic password, and principal telephone number and mobile SIM card or UIM card set when signing the Agreement.
Passwords mean various passwords used by Party A in e-banking services, including login password, transaction password and account password.
Transaction instructions mean inquiry, transfer, purchase of financial assets and other instructions sent by Party A to Party B through e-banking.
Errors mean Party B fails to or cannot timely execute or cannot correctly execute the transaction instructions of Party A.
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| Article 2 |
E-banking service activation and content
i. Internet banking service activation and content
Party A may sign up for online banking independently and become an ordinary customer of internet banking by registering his personal basic information and account information via the bank's website, and completing other relevant operations as required. Ordinary customers are entitled to such services as inquiry and credit card repayment. Party A may become a senior customer of internet banking by signing an agreement through the bank's counter or mobile POS, and going through relevant formalities. Senior customers are entitled to such services as inquiry, transfer, online payment, bill payment, securities and fund business, foreign exchange business, gold business, credit card, insurance business, loan business and other financial transaction services and information services. Senior customers may also apply for activating or changing other functions available for internet banking.
ii. Telephone banking service activation and content
Party A may sign up for telephone banking independently and become an ordinary customer of telephone banking by registering his personal basic information and account information via the customer service hotline 95533, and completing other relevant operations as required. Ordinary customers are entitled to such services as inquiry, bill payment, consultation, complaint and oral report of loss. Party A may become a senior customer of telephone banking by signing an agreement through the bank's counter or mobile POS; if Party A is a senior customer of internet banking, he may sign the agreement on telephone banking via internet banking to become the senior customer of telephone banking. Senior customers are entitled to the following services: Inquiry, transfer, bill payment, securities and fund business, foreign exchange business, gold business, telephone payment and other financial transaction services, as well as consultation, complaint, recommendation, oral report of loss, registration, reservation and other value added information services. Senior customers may also apply for activating or changing other functions available for telephone banking.
iii. Mobile banking service activation and content
Party A may sign up for mobile banking independently and become an ordinary customer of mobile banking by registering his personal basic information and account information via the bank's website, internet banking, mobile phone and other means and completing other relevant operations as required. Ordinary customers are entitled to inquiry, micro payment and bill payment, mobile stock market, securities and fund business and other financial transaction services and information services. Party A may become a senior customer of mobile banking by signing an agreement through the bank's counter or mobile POS; if Party A is a senior customer of internet banking, he may sign the agreement on mobile banking via internet banking to become the senior customer of mobile banking. Senior customers are entitled to such services as inquiry, transfer, bill payment, securities and fund business, mobile stock market and credit card services. Senior customers may also apply for activating or changing other functions available for mobile banking.
iv. SMS financial service activation and content
Party A may become a SMS financial service user by registering his personal basic information and account information via the bank's SMS, website, mobile banking, counter, mobile contracting POS and other means and completing other relevant operations as required. SMS financial service users are entitled to such services as financial information notification, inquiry, security prompt and transaction reminder.
v. To enjoy the above e-banking services, customers must have relevant electronic devices and access to corresponding e-banking system and meet other conditions precedent.
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| Article 3 |
Main Rights and Obligations of Party A
I. Main rights
i. After activating corresponding e-banking services, Party A has the right to enjoy the services rendered by Party B under this Agreement.
ii. Within the effective period of this Agreement, Party A has the right to file an application for changing or terminating the e-banking services hereunder according to related business rules of Party B.
iii. After handling relevant transactions through e-banking, Party A has the right to renew a passbook or print transaction vouchers at an outlet of Party B within a specified period.
II. Main obligations
i. When handling internet banking transactions, Party A shall directly log in the website Party B (http://www.ccb.com), instead of the links provided by email or other websites.
Party A shall directly call Party B's customer service hotline 95533, rather than any other phone number, when handling telephone banking transactions in the Chinese Mainland.
ii. When enjoying the e-banking services provided by Party B, Party A must observe this Agreement and relevant business rules and other requirements that Party B may issue from time to time through outlet, website, e-banking and other channels. When handling banking transactions through e-banking, Party A shall also abide by the rules of Party B that apply to such transactions handled via ordinary channels (e.g. bank counter), unless otherwise specially required by Party B.
iii. Party A shall ensure the authenticity, completeness and effectiveness of the personal information provided by him to Party B, and in case of changes therein, Party A shall promptly inform Party B in writing and go through modification formalities as required by Party B. For the personal information that can be changed via the e-banking service channel of Party B, Party A may change it on his own through such channel. Party A shall bear the risks and liabilities incurred by inauthenticity, inaccuracy or incompleteness of his personal information.
iv. Party A shall not send illegal, irrelevant or destructive information via e-banking, nor shall it interfere with the normal operation of e-banking system of Party B. All short messages in SMS financial services shall not contain customer number, password and other key information.
v. Party A's identity authentication factors (see relevant provisions in Article hereof) are the basis for Party B to identify Party A in provision of e-banking services, and shall be properly kept by Party A, who shall not provide or deliver them to any third party (including staff of Party B). All transaction operations completed with the above identity authentication factors shall be deemed as being conducted by Party A, who must be liable for any consequence incurred thereby.
vi. In case the identity authentication factors (see relevant provisions in Article hereof) of Party A are lost, stolen, forgot or suspected of being known or stolen by other people or involved in any other circumstances that may harm the security of Party A's account, Party A shall promptly report loss of such account or terminate relevant e-banking channel. The losses that occur before loss is reported or termination takes effect shall be borne by Party A.
vii. The cancellation or change of mobile number registered by Party A with a China mobile operator and the cancellation or change of the e-banking channel of Party B shall not be superseded with each other. Party A's cancellation or change of relevant e-banking business, if necessary, shall be handled according to relevant business rules of Party B.
viii. Party A shall accept full responsibility for all the transaction instructions sent by him.
ix. Party A shall not change or cancel his instructions after they have been executed by Party B. Should Party A find any inconsistency between account changes and his actual transaction operations, he shall send a written error notice of causes for errors, related account number and amount to Party B within 15 days after such inconsistency occurs. Party B shall accept and investigate the error notice from Party A in time. If Party B believes that the error has taken place due to its fault, it must correct the error in time.
x. Party A shall take reasonable measures, including installing anti-virus software and computer system security patches in time, to prevent identity authentication factors (see relevant provisions in Article hereof) from being stolen or leaked; Party A shall also perform reasonable care obligations and use related e-banking channels in a secure environment. The password set by Party A on his own must have a high security level, in order to prevent the passwords that are simple and easy to remember from being guessed by other persons. If a password is set using numerals due to technical restrictions at the time of activating e-banking services, Party A shall replace it to a password with a higher security level in time after activation of e-banking services.
xi. Party A shall pay relevant fees according to the e-banking service charging items and standards for personal customers published by Party B.
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| Article 4 |
Main Rights and Obligations of Party B
I. Main rights
i. Party B has the right to regularly or irregularly maintain, upgrade and transform e-banking system in order to constantly improve the security, reliability and convenience of e-banking services.
ii. To guarantee the security of Party A's funds, Party B has the right to develop different security strategies by customer type, identity authentication measures, transaction risk and other factors. These security strategies have different requirements on customer identity authentication measures, transaction limit and operation process, and shall be observed by Party A. Party A's security strategy adjustment that involves changes in the rights and obligations of customers must be announced by outlet, website, e-banking or other channels according to this Agreement.
iii. Party B has the right to adjust the service content, operation procedures or charging standards of e-banking service system according to laws, regulations, rules or business needs. The adjustment concerning charging or other changes in rights and obligations of customers shall be implemented after being formally announced to the public, and the content of announcement shall be an effective amendment and supplement to this Agreement as of the date of implementation. If Party A refuses to accept the adjustment made by Party B, Party A has the right to apply to Party B for terminating related e-banking services, but still needs to observe related adjustment if using e-banking services of Party B before the date of application. Should Party A neither apply for terminating the services nor observe the adjusted content of Party B, Party B has the right to terminate this Agreement.
iv. Party B has the right to withhold, on its own or via a China mobile operator, related fees from the account opened by Party A with China Construction Bank according to the e-banking service charging items and standards for personal customers published by Party B. The fees collected will not be refunded in case of termination of related e-banking service channels or change or termination of this Agreement.
v. Party B shall not be liable for any error incurred by the following reasons.
1. Party A’s account does not have a sufficient balance or credit limit;
2. Funds in the account are frozen or withheld and transferred by statutory competent authorities;
3. Party A’s behavior is intended for fraud or other malicious purposes;
4. The transaction instructions received by Party B do not meet requirements or lack necessary transaction information;
5. Party A fails to correctly operate based on the explanation on e-banking services;
6. Force majeure or other reasons not attributable to Party B.
II. Main obligations
i. Party B shall timely accept Party A's application for e-banking services, and go through related formalities and render relevant services for Party A if his application matches conditions.
ii. Party B shall timely respond to Party A's inquiries about related business rules or provide him with inquiry channels.
iii. Party B shall keep Party A's information in confidence, unless otherwise stated by laws, regulations and financial regulators, or otherwise agreed by both parties or internally used by Party B.
iv. On condition that Party B's system operation is normal, Party B shall provide Party A with e-banking services that Party A applies for (some services will be provided by Party B only if they are signed up for by Party A separately), and have the obligation to timely and accurately execute Party A's transaction instructions.
v. In case Party B's payment and settlement services for Party A are delayed due to work mistakes which have an effect on Party A's fund use, Party B shall pay liquidated damages according to the Payment and Settlement Measures of the People's Bank of China.
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| Article 5 |
Effectiveness, Revision, Suspension and Termination of the Agreement
i. Should Party A apply for e-banking services by internet banking, telephone, mobile and other self-service channels, this Agreement shall come into effect when Party A signs up for e-banking services through self-service channel system; if Party A applies for e-banking services through Party B's counter, this Agreement shall come into effect after Party B approves his application and Party A successfully completes setting in Party B's system.
ii. Party A's revision or termination of e-banking services shall be handled through Party B's outlets and related e-banking channels according to relevant business rules of Party B. Party A shall pay up relevant fees before terminating e-banking services.
iii. Should Party A terminate e-banking services by internet banking, mobile or other self-service channels, this Agreement shall be terminated when Party A's termination instruction enters Party B's system. If Party A terminates e-banking services at Party B's counter, this Agreement shall be terminated after Party B approves his termination application and Party A successfully completes setting in Party B's system.
iv. Party B has the right to terminate this Agreement in case Party A does not observe this Agreement or relevant business rules of Party B (including adjusted business rules) or has other behaviors that harm Party B's interests. If Party B suffers losses therefor, Party A shall bear the liability for compensation.
v. In case an account is out of service temporarily due to report of loss, freezing or other reasons, relevant e-banking services shall be suspended simultaneously, and will be resumed after the account can be used normally. In case of cancellation of account, e-banking services relating to the account and related content in this Agreement shall be terminated.
vi. The invalidity of any provision of this Agreement shall not affect the validity of the other clauses hereof.
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| Article 6 |
Miscellaneous
i. Party B will not intervene in transaction disputes between Party A and any third party, but may assist Party A with transaction investigation.
ii. Unless there is contrary evidence, vouchers and bank's transaction records arising from e-banking services are the basis for determining the authenticity of transactions and specific contents of transactions.
iii. In case Party B cannot perform contract due to force majeure (including but not limited to war, riot, serious fire, flood, typhoon, earthquake, government actions, ban, or power supply, communication and hacker attacks and other objective conditions), Party B will provide necessary help for Party A as the case may be. Party B shall be partly or wholly exempted from liability depending on the impact of force majeure.
iv. If Party A selects to use SMS financial services, Party A is aware that SMS financial services are not the only channel to know account changes, and he may also inquire through other e-banking channels and outlet services of Party B.
v. Unless specially stated, all clauses of this Agreement shall apply to customers of internet banking, telephone banking, mobile banking, SMS financial services and home banking.
vi. The outstanding issues of this Agreement shall be handled according to China's laws, regulations, rules and financial practices and Party B's relevant business rules.
vii. The prices and additional fees under this Agreement include value added tax, unless other stated by the parties hereto.
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| Article 7 |
Governing Laws and Methods of Dispute Settlement
i. This Agreement shall be governed by the laws of the People’s Republic of China.
ii. Any dispute arising from or in connection with this Agreement shall be settled through consultation. If such negotiation fails, either Party may refer to the people’s court in the location of Party B.
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