1. Scope
These terms and conditions for the use of E-banking services apply to all current and future electronic services of the Bank (hereinafter collectively referred to as "services") that are used by the Client or his representatives (hereinafter collectively referred to as "User"). This is without prejudice to any special provisions that may apply to individual services.
2. Access to the services
2.1. E-banking services are accessed via the Internet via the provider chosen by the User and with the help of the User's own hardware and software, provided they meet the technical requirements set by the Bank.
2.2. Access to the respective services is granted to users who correctly carry out the authentication procedure using the codes and/or tools provided by the Bank (hereinafter referred to as "authentication means").
The authentication means are transmitted to the User's address known to the Bank. The Client acknowledges and accepts that the Bank is unable to verify who has received the authentication means and who actually uses them. In particular, in the case of legal entities and/or delivery to a business address, it is the Client's sole responsibility to monitor the receipt and use of the identification media.
2.3. The Bank shall consider authorized to use E-banking services any person who has identified himself in accordance with art. 2.2 above, without any need for further verification.
Should the Bank suspect any misuse, it shall nevertheless be entitled to refuse to provide information and accept instructions, orders and communications via the E-banking service and to require the User to identify himself in another way (e.g. by means of a handwritten signature or by appearing in person).
2.4. The Client is aware and accepts that his representatives and proxies may independently request access to the E-banking services and undertakes to inform them of the content of these provisions and to ensure that they comply with all obligations arising therefrom.
3. Duty of care of the User
3.1. The User is obliged to change the initial password provided by the Bank immediately upon receipt and to change it on a regular basis. The password must not consist of any alphanumeric combinations that can be easily determined (e.g. telephone numbers, dates of birth, car number plate, etc.).
3.2. The User shall keep the authentication means secret and protect them against misuse by unauthorized persons. In particular, passwords shall not be stored unprotected or otherwise recorded on the User's terminal device (e.g. computer or cell phone). The authentication means shall not be handed over or otherwise made available to third parties. The single authentication means shall be stored separately.
3.3. The User is obliged to minimize the risk of unauthorized access to his device (e.g. via public electronic networks, such as the Internet) by taking appropriate protective measures. In particular, the operating system and browser must be kept up-to-date, i.e. the User shall promptly install software updates and security patches made available or recommended by the respective provider. Furthermore, the traditional security measures for public electronic networks must be taken, e.g. using an anti-virus program and installing a firewall, which must be kept up-to-date at all times. The User shall be responsible for staying informed about the security precautions and to implement to the appropriate security measures recommended by the Bank or industry best practices.
3.4. If the User suspects that unauthorized third persons have gained possession of the authentication means or have gained access to the User's terminal device, he must immediately report this to the Bank. The Client assumes all risks arising from the use, including misuse, of his authentication means or those of its proxies or other authorized persons.
3.5. The User shall be responsible to check the accuracy and completeness of the data he enters. The Client shall remain responsible for the data provided by the User.
3.6. The Client is fully responsible for ensuring that the above obligations are also observed by his proxies and authorized persons.
4. Execution of orders / instructions
4.1. The Client fully acknowledges all transactions that are carried out via E-banking services using his authentication means or those of his proxies or representatives. The same applies to all instructions, orders and communications transmitted to the Bank via the electronic services, which are deemed to have been drawn up or in any case authorized by the Client.
4.2. An order entered via E-banking cannot be executed 24 hours a day. Execution depends on the technical functioning of the service, the Bank's hours (which can be viewed in E-banking) and, for stock exchange transactions, the stock exchange trading days and trading hours on the corresponding exchanges.
4.3. To increase security, The Bank can request a transaction confirmation from the User. In such cases, the User is required to review the accuracy of the information transmitted by the Bank. If in the view of the User this information is correct, he shall confirm the order. Only after confirmation has been given shall the order deemed as issued. If in the view of the User the information transmitted by the Bank is not correct, the User shall terminate the transaction and inform the Bank. If no transaction confirmation is given, the order shall be deemed to have not been issued. The order shall in this case therefore not be processed by the Bank.
5. Stock exchange transactions
The Client is aware that the Bank does not provide any kind of advice for stock exchange transactions executed via E-banking and that the Bank does not check whether such transactions are in line with any agreed investment objectives.
The User acknowledges that the brochure "Risks associated with financial services and investments", in which the characteristics and risks of financial products are summarized, is available on the official website of the Bank and confirms that he is aware of the customs in stock exchange transactions and is familiar with the structures and risks of individual types of transactions in particular.
6. Provisions concerning the use of E-banking by authorised representatives or third parties
6.1. The request to use the E-banking service allows any proxies or representatives to obtain access to the E-banking service in order to operate the account within the limits of the powers they have been granted.
The right of access of the authorized persons shall not be extinguished by the death or loss of civil capacity of the Client, respectively by changes in the Commercial Register.
6.2. The revocation of powers of attorney or powers of disposal in favour of Users automatically results in the cancellation of their access to E-banking services.
7. Blocking
7.1. The User may have his E-banking access blocked by making a request to the Bank during normal business hours. The risk of undue use of the services before the blocking takes effect is borne by the Client.
For security reasons, the system will also automatically block E-banking access if the authentication procedure fails repeatedly.
Revocation of the blocking can be requested by the User by telephone to the Bank's hotline.
7.2. The Bank is entitled to block the access of each User to one or more services at any time, without giving reasons and without prior notice. The Bank shall not be liable for any damages due to such interruption.
8. Electronic documents
8.1. With the activation of the E-banking service, bank correspondence will be transmitted via the E-Banking service in place of the normal paper mailing.
The User will therefore automatically receive, unless explicitly instructed otherwise, exclusively via the E-banking service all statements relating to individual transactions, accounts, correspondence ("Notices"). Similarly, in the appropriate "documents" section, the User will be able at any time to generate and view statements of account and portfolio statements relating to the banking account ("Statements") according to the preferences and frequency set by him.
The Client accordingly acknowledges that individual Notices shall be deemed validly received on the day following the execution of the relevant transaction. Similarly, Statements shall be deemed validly delivered from the time they are generated via the E-banking service.
However, the Bank remains free to forward particular correspondence to the User in the manner it deems most appropriate.
8.2. In dealings with domestic and foreign authorities, electronic documents are not always recognised as evidence. In such cases the Client may order the same document in paper format at any time.
8.3. By sending the documents to the E-banking mailbox, the Bank fulfils its communication and reporting obligations.
The Client is responsible for complying with any legal requirements, in particular with regard to the content, recording and storage of electronic documents.
8.4. The electronic documents will remain available in E-banking for at least two years. After this period has expired, the Bank reserves the right to remove them.
9. Exclusion of Bank liability
9.1. The Bank does not guarantee the accuracy and completeness of the data displayed in E-banking. In particular, information on accounts and deposits (balances, statements, transactions, etc.) as well as information that is publicly available is provisional and non-binding. Such data do not constitute binding offers, unless they are expressly marked as such.
9.2. The Bank shall not be liable for any non-executed or delayed transactions and for any damages arising therefrom, unless gross negligence on the part of the Bank.
9.3. The Bank assumes no responsibility for the hardware or software used by the User.
9.4. Data traffic takes place via an open network that is not subject to any special protection measures (telephone network, Internet, etc.). The Bank excludes any liability for damages incurred by the User as a result of transmission errors, technical faults, interruptions, disturbances, failures or illegal interventions in telecommunications systems, except in cases of gross negligence.
9.5. Any liability on the part of the Bank for damages in connection with a breach of contract on the part of the User, as well as indirect damages such as loss of earnings and claims by third parties, is expressly excluded.
10. Banking secrecy / data protection
10.1. The Client acknowledges that Swiss law (e.g. banking secrecy, data protection) applies only within Switzerland and that any data transmitted abroad are no longer protected by it.
10.2. The Client is also aware that data is transferred via the Internet, which is a network open to all. The transmission of data is therefore cross-border, takes place regularly and is not subject to controls. This also applies to the exchange of data where both sender and recipient are in Switzerland.
Even if individual data packets are transmitted in encrypted form, the sender and the receiver are identifiable and may be intercepted by third parties as well, who are thus able to deduce that a banking account exists.
11. Risks
Due to the encryption used, it is in theory not possible for unauthorized third parties to gain access to confidential customer data. However, absolute security cannot be guaranteed, even by means of state-of-the-art security measures, by the Bank or the Client. The terminal equipment (computer, cell phone, etc.) and/or the User's network are part of the system, but are outside the Bank's control and may become a weak point of the system.
The Client acknowledges the risks listed below and undertakes to consult the security information that can be viewed on the Internet pages of the respective services or otherwise made available to the User in another form and to take any recommended security measures immediately:
- insufficient knowledge of the system and deficient security measures may facilitate unauthorized access (e.g. saving data on the hard drive insufficiently protected, transferring files);
- there is a risk of viruses and the like spreading to the terminal device when using a network (e.g. Internet, mobile network). Appropriate security software available on the market can help the User to take the necessary security measures;
- it is important that the User operates only with software from reliable sources;
- It is technically possible for the network provider or the software provider to set up the monitoring of the User's traffic or to find out when the User came into contact with which person;
- it is also possible that a third party may gain access to the User's terminal equipment without the User's knowledge while using the services.
The Bank cannot guarantee either unlimited access to the respective services or unlimited use of the respective services. Similarly, the Bank cannot guarantee unlimited operation of the Internet. Furthermore, the Bank cannot guarantee that the information transmitted by it via electronic communication channels (e.g. e-mail, SMS) at the User's request will reach the User in good time. The Bank will exercise ordinary care when displaying and transferring data, information, communications etc. transmitted by it as part of the respective services.
12. E-Mail
The Client acknowledges that the data transmitted by e-mail are not protected and that the Bank will never ask the Client by e-mail to enter his identification data for the E-banking service.
13. Foreign legislation
13.1. If the User uses E-banking from abroad, he is aware that there may be restrictions on the import and export of encryption algorithms, which may hinder the use of E-banking.
13.2. The User acknowledges that in certain circumstances the use of E-banking from abroad may be in breach of foreign laws. It is the responsibility of the User to find out about this, and the Bank shall not assume any liability in this regard.
14. Termination
The E-Banking service as well as the related user access may be terminated at any time by the Client or the Bank by written notice.
