TERMS AND CONDITIONS

Please read these terms and conditions before using any Antigua Commercial Bank Online Electronic Banking Services to include its Internet Banking and Mobile Banking services. By clicking on I agree below or by using Antigua Commercial Bank Online Electronic Banking Services, you confirm that you are legally bound by these terms and conditions, as may be amended or cancelled from time to time. By using the services, you will be taken to have read, understood and accepted these terms and conditions in the same way as if you signed a printed version and you will be bound by them and they will continue to apply every time you use these services.

Please note that your internet service provider and your wireless carrier's standard data fees apply.

  1. In these terms and conditions, we, our and us and the bank mean Antigua Commercial Bank and its affiliates or subsidiaries and you and your mean the individual who is using Antigua Commercial Bank Online Electronic Banking Services to include but not limited to Internet Banking and/or Mobile Banking.

  2. You must meet and comply at all times with the technical and security requirements that we establish regarding Antigua Commercial Bank Online Electronic Banking Services and that we provide to you from time to time.

  3. There is no contractual arrangement or relationship between us and your Internet service provider and mobile or wireless carrier as it relates to these services.

  4. Changes to the Agreement

    You agree that we can amend, modify, change or replace these terms and conditions, the technical and security requirements and/or any of the services provided under these terms and conditions at any time by posting a notice on the Antigua Commercial Bank Internet Banking and/or Mobile Banking Service sign-on page(s) or on our website. The new or revised terms and conditions, technical and security requirements and/or services provided under these terms and conditions are effective and binding on you when we notify you of such change.

    If you continue to use these services after we post the notice that means you agree to and accept the new or revised terms and conditions, technical and security requirements and/or the services provided under these terms and conditions as amended.

  5. Use/Instruction

    Your client identification and Password must be used to access the Services. Each instruction given to the Bank by use of the Services will be attributed to you and will have the same legal effect as if it was made in writing to the Bank and signed by you.

    You acknowledge that once an instruction is submitted to the Bank it is final, unless the Bank has received written notice to the contrary.

    The Bank does not have to act upon any of your Instructions if it is unsure that they are accurate or are really from you or if the Bank does not understand them.

  6. Payment instruction

    If you give instructions to pay bills or transfer funds from an Account, you acknowledge that the instructions will result in funds being withdrawn from your account on the date the instructions are given.

    You acknowledge that merchants or third parties may not treat payments as being received as of the date of your instructions. The Bank will not be responsible for processing delays by merchants.

    The Bank has no responsibility whatsoever for any problems or disputes with merchants or other third parties, including if a merchant or third party does not credit your account for a payment for whatever reason (including where merchant or third party is no longer included on your payee list) or charges you late fees or interest penalties or takes any other actions.

  7. Prohibitions on Use

    You will not:

    1. access or use the services for an illegal, fraudulent or defamatory purpose, or
    2. take steps or actions that could do or undermine the security, integrity, effectiveness, goodwill or connectivity of the Services or the Bank (including but not limited to fraudulent, malicious or other activity that threaten to harm or cause harm to any other person).The Bank may, in its discretion, decline or refuse to act on any instructions given by you.

  8. Security

    In order to assist in protecting your information - You acknowledge that ensuring the security of your information requires that you exercise safe computing practices. We recommend that you review, on a regular basis, those sections on our Website that deal with security in connection with the Services. You must sign out, log off, disconnect and close your browser, as appropriate, after each session in which you have accessed the Services to prevent anyone else from accessing the Services without your permission or knowledge. In addition, you agree to implement and maintain safe computing practices which will include, at least, the following security measures:

    1. an internet browser with at least 128-bit encryption technology;
    2. up-to-date virus scanning software; and
    3. a firewall system.

    (a) You must always keep your Password strictly confidential and shall take every precaution necessary to ensure that your Password(s) are not disclosed, accidentally or otherwise, to or shared with anyone else at any time. You are solely responsible for maintaining the security of your password(s). If you know or suspect that someone else may know your Password, you must change your Password immediately and advise the Bank only if that change may impact your access to the Services.

    (b) The Password and Personal Verification Questions you select must be confidential, unique and not easily guessed by others. You must not select a Password containing your birth date or name or those of your family members, your telephone number or address, Bank account number or Bank Card number should also not be used. You must not select a Password that is the same as any Personal identification Number (PIN) you use with any other bank card issued to you.

    If you know or suspect that someone else may know any of your passwords or may be using your Bank Card Number, you must notify the Bank as soon as is reasonably possible. You must also change all of your Password(s) immediately. You will be held liable for all losses that occur if your Bank Card Number and/or Password(s) are used to access your account or any service whether you authorize that use or not unless you prove to the Bank's satisfaction that you did not disclose your Password(s) to anyone else or in any way enabled someone to find out your Password(s).

  9. Access Fees

    You will pay service fees or other charges applicable to your access to and use of any of the Services. The Bank will charge your Accounts for any service fees or other charges that may apply at the time they are incurred. The Bank will give you notice of these service fees and charges and may change them from time to time providing you with prior notice. You acknowledge that these service fees or other charges are in addition to any other service fees or other charges that may apply to an Account.

  10. Limitation of Liability

    (a) The Bank will not be liable to you for any loss, damage, delay or inconvenience suffered or incurred by you with respect to the (i) Agreement, (ii) any instructions provided to you in connection with the Services, or (iii) use of an Electronic Access Device to access the Services (including but not limited to any delay or inability to access the Services), except in a case where there has been negligence (to be determined in light of reasonable commercial standards) on the Bank's part. The Bank will not, under any circumstances (even if we are negligent), be liable for any loss of data, or indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in a whole or in other part (including but not limited to any business interruption, loss of profits, data, information, opportunity, revenues, or goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.

    In no event will the Bank be liable for any loss or damage suffered by you that is caused by: i. the actions of, or any failure to act by, a third party ii. mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, any data or information (including Log-in Information, Information or any Document) including where such data or information is furnished by you to the Bank or any Third Party Service Provider (including but not limited to your failure to update the log-in Information); iii. any delay, error, interruption or failure by the Bank to perform or fulfill any obligations to you due to any cause beyond the Bank's control (including but not limited to acts of God, lockouts, riots, acts of war, fire, communication line failures, power failures, any system malfunctions or technical failures) or if the information retrieved by the Bank is not timely, complete or accurate; iv. any delay in retrieval or presentment of the information or any malfunction in the communication facilities that are not under our control, that may affect the timeliness, completeness or accuracy of the Information or that may prevent the retrieval or presentment of any information; v. use of, or inability to use, the Services (including but not limited to any charges such as late fees or additional interest you may have to pay an issuer); vi. your leaving the Website and linking to and from any third party's Website; or vii. your failure to fulfill any of your obligations under this Agreement including those in Sections 8 and 9 or to comply with any instructions the Bank may provide to you from time to time in connection with the Services. In the event of the Bank's gross negligence or willful misconduct, the Bank's liability will be limited to the amount involved in your instructions, the Bank will not in any event be liable for any special, incidental, consequential or indirect damages, or loss of profit whatsoever.

  11. Release/Indemnities

    You will indemnify and save the Bank harmless from any claims, damages, demands and expenses that the Bank incurs (other than due to its own gross negligence or willful misconduct), including among other things all legal fees and expenses, arising from the Bank acting or declining to act on any of your instructions given under this Agreement. This indemnity is in addition to any other indemnity or assurance against loss provided by me to the Bank. You will release and indemnify the Bank against any claim, cost and liability incurred by the Bank in connection with: (i) your access to the Services; or (ii) any breach by you of the terms and conditions of this Agreement, including but not limited to, Section 7 (Prohibitions of Use).

  12. Suspension/ Termination

    By the Bank: The Bank may suspend or terminate (in whole or in part) this Agreement or your access to any of the Services immediately for any reason whatsoever at any time without prior notice. The Bank will not be responsible for any loss or inconvenience that may result from such suspension or termination.

    By You: You may terminate the Agreement by giving notice of termination to your branch and such termination will be effective one (1) Business Day following the Bank's receipt of such notice.

  13. Third Parties

    You understand and agree that: (a) the Bank may use Third Party Service Providers to provide or assist the Bank in providing access to the Services and that such Third Party Service Providers will not respond directly to you with respect to any inquiries, complaints, questions or other issues relating to the Service other than to direct you to the Bank; and (b) use of the Service may involve leaving our Website and linking to a third party's Website (including Third Party Website of an Issuer, Third Party Service Provider of Account Provider).

  14. Status of Agreement

    This Agreement replaces all prior agreements between you and the Bank governing your electronic access to the Services but does not replace any other agreements you have with the Bank (now or in the future) governing an Account or the Services. Any agreement you have with the Bank governing an Account or the Service shall continue to apply to that Account or service unless it conflicts with this Agreement, in which case the agreement governing such account or Service will prevail to the extent of the conflict. You also agree to abide by and comply with all instructions the Bank may provide to you from time to time in connection with accessing and using the Services.

  15. Severability

    The invalidity or enforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and such invalid or unenforceable provision shall be deemed to be severable.

  16. Governing Law

    These terms and conditions will be governed exclusively by the laws of Antigua and Barbuda. You and the Bank agree that the Courts of Antigua and Barbuda will have jurisdiction for the determination of any matters arising out of these terms and conditions.