Regulations of the Electronic Customer Service System BRESOK of mbank S.A.

Transcription

1 Regulations of the Electronic Customer Service System BRESOK of mbank S.A. Warsaw, December 2017 mbank.pl

2 Table of contents: CHAPTER I. GENERAL PROVISIONS...3 CHAPTER II. ENTERING INTO AN AGREEMENT AND GRANTING ACCESS TO THE BRESOK SYSTEM Entering into an Agreement Making the BRESOK system available...4 CHAPTER III. SECURITY OF THE BRESOK SYSTEM...4 CHAPTER IV. ACCESS TO BANK INFORMATION ANDINTRA-SYSTEM ELECTRONIC MAIL...5 CHAPTER V. EXECUTING ORDERS General Terms and Conditions of the Execution of Orders The detailed rules for effecting domestic FX transfers and international FX transfers General Terms and Conditions of the Execution of Postal Order Payment Special rules of executing mass domestic transfers (Mass Payment)...7 CHAPTER VI. ORDER EXECUTION LIMITATIONS...7 CHAPTER VII. INTEREST CALCULATION...8 CHAPTER VIII. FEESAND COMMISSION...8 CHAPTER IX. AMENDING THE REGULATIONS, THE PROVISIONS OF THE AGREEMENT AND TERMINATING THE AGREEMENT...9 CHAPTER X. FINAL PROVISIONS...9

3 Chapter I General provisions 1 1. These Regulations set forth the terms and conditions of: 1/ entering into an Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A., further referred to as the Agreement, with the Customer, and granting the Customer access to the system, 2/ accessing funds deposited in the bank accounts held by the Customer through cable or wireless communication devices used by the Customer, executing orders submitted by the Customer, accessing bank information and services of the intra-system electronic mail with the use of the Electronic Customer Service System BRESOK of mbank S.A. 2. The Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A. is an electronic banking service agreement. 3. To issues not governed by the Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A. and these Regulations, the provisions of the bank account agreement, the bank account regulations, referred to in 2 point 12 and generally applicable law apply. 2 The following terms used in the Regulations are construed as follows: 1/ Bank mbank S.A., 2/ business day a day when the Bank is open to Customers, that is every day from Monday to Friday, excluding public holidays or days announced previously by the Bank as days free from work; 3/ bank holiday any day other than a business day, 4/ IBAN the International Bank Account Number used for cross-border settlements specified in the Order of the President of the National Bank of Poland no. 7/2017 dated 20 February 2017 on the numbers of bank accounts maintained with banks, 5/ NRB Bank Account Number used in domestic settlements, specified in the Order of the President of the Management Board, referred to in point 4, 6/ business information business information referred to in Article 2.2 of the Act on Electronic Services dated 18 July 2002, 7/ Customer a natural person conducting business activity, legal person or organisational unit without legal personality, provided it has legal capacity, being party to a bank account agreement (current or auxiliary bank account) concluded with the Bank, 8/ branch a branch of the Bank indicated in the Agreement, 9/ Postal Operator an entrepreneur providing mail services, in particular, Poczta Polska S.A., 10/ electronic signature an electronic signature verified with the use of a valid non-qualified authorisation certificate issued by the Bank on the basis of the Agreement, 11/ bank account regulations Regulations for Opening, Maintaining and Closing Bank Accounts at mbank S.A. or Regulations for Opening, Maintaining and Closing an Integrated Bank Account at mbank S.A., depending on the bank account agreement entered into with the Customer, 12/ Parties to the Agreement the Bank and the Customer, 13/ BRESOK system Electronic Customer Service System BRESOK of mbank S.A., 14/ Agreement an agreement concluded between the Parties based on which the Bank provides services of the electronic banking by making available the Electronic Customer Service System BRESOK of mbank S.A. to the Customer, in particular: the Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A., 15/ the Payment Services Act the Payment Services Act dated 19 August 2011, 16/ order an order made by the customer to effect financial settlements through the agency of the Bank or other service ordered by the customer electronically with the use of the BRESOK system, in particular an order of domestic transfer, domestic FX transfer, international FX transfer in zlotys or in a foreign currency (including SEPA and EuroEkspres transfer), transfer of contributions to the Social Insurance Institution (ZUS transfer), transfer to the Tax Office (tax transfer), the following orders are executed with the use of the tax transfer form: transfers to a customs authority, postal orders (postal transfers), term deposit placement mass domestic transfer orders (mass transfers) and direct debit. Chapter II Entering into an Agreement and Granting Access to the BRESOK System 1. Entering into an Agreement 3 1. The condition for providing the BRESOK system is meeting by the Customer the requirements stipulated herein and concluding an Agreement with the Bank. 2. The condition for using by the Customer from BRESOK system is a PC computer with the following configuration: minimum processor Pentium 60 MHz, 16 MB RAM, MS Windows (NT, 2000, XP, Vista, 7, 8 or 10), with a modem or access to the Internet. 4 Under the Agreement: 1/ The Bank undertakes to ensure the Customer access to funds deposited in the Customer s bank accounts through cable or wireless communication devices used by the Customer, access to bank information, intra-system electronic mail and execution of orders submitted by the Customer, 2/ The Customer authorises the Bank to debit his/her bank account with the amount of executed orders and fees and commissions due to the Bank, including costs of foreign bank in the case of execution of orders for domestic FX transfers or international FX transfers, and with the amount of postal fees arising from execution of a postal order The agreement is a framework agreement in the meaning of the Payment Services Act. 2. Provisions of section 2 and Articles 34-37, Article 40 (3-4), Article 45, Article 46 (2-5), Article 47, Article 48 and Article 51, Articles of the Payment Services Act or when admissible, other provisions of law that modify or amend these provisions do not apply to the payment services rendered hereunder The following constitute an integral part of the Agreement: 1/ the Information on electronic signatures put by the Customer in the BRESOK system, 2/ the Application form to the Electronic Customer Service System BRESOK including the appendices, 3/ the Form for cancelling a batch order to be executed at a future date, 3/10

4 4/ the Tariff of banking fees and commissions of mbank for SME and Corporates - Chapter I - Bank accounts The Agreement is concluded upon signing by persons authorised to make declarations of will with respect to property rights and obligations of the parties. 2. One signed copy of the Agreement remains at the Bank, the other copy (together with the text hereof) is provided to the Customer. 2. Generating access to the BRESOK system 8 Following the execution of the Agreement, the Bank provides the Customer with: 1/ the electronic information carriers containing signing keys (to generate electronic signature authorising orders) and authorisation certificate to verify electronic signature and an electronic information carrier including installation key and communication certificate making it possible to install the BRESOK system, establish connection to the Bank and access the banking system; all the electronic information carriers are placed in secure envelopes, 2/ password unblocking the signing keys and installation password placed in PIN-envelopes, 3/ password to the banking system placed in a PIN-envelope The letters, referred to in 8, are delivered through the agency of a Bank employee, courier or by registered mail. The delivery method is chosen by the Bank. 2. The letter, referred to in 8 paragraph 1 is delivered to the person indicated by the Customer as the person entitled to receive keys and certificates in section A of the Appendix, referred to in 6 paragraph 1 point The letters, referred to in 6 paragraph 2-3 are delivered to the person indicated by the Customer as the person entitled to receive passwords in section A of the Appendix, referred to in 6 paragraph 1 point Following the receipt of the undamaged letters, referred to in 8 paragraph 1-2, the Customer is obliged to complete the letter receipt form delivered by the Bank together with the letter, referred to in 8 paragraph1, and hand it to the Bank employee who visits the Customer to install the BRESOK system. 2. In the case when any of the letters, referred to in 8, is found damaged, the Customer is obliged to notify the Bank employee of this fact forthwith. 11 Following the receipt of the letter delivery form, referred to in 10 paragraph 1, from the Customer, the Bank employee installs the BRESOK system, provides the Customer with training in servicing the electronic banking system and the order manual on using the Electronic Customer Service BRESOK of mbank S.A. Chapter III Security of the BRESOK System 12 The Bank identifies the Customer with the use of the password, referred to in 8 point 3, and the communication certificate and authorisation certificate, referred to in 8 point The Customer undertakes to protect, with due diligence, the passwords, keys and certificates, referred to in 8, against unauthorised use and is liable for their unauthorised use. 2. The passwords, keys and certificates, referred to in paragraph 1, may be used only for the purposes and in the scope defined in the Agreement and these Regulations. The Bank is not liable for the consequences of their use going beyond these purposes and scope. 3. The Customer undertakes to protect all the devices used by the Bank to execute electronic banking services, including mobile devices, with due diligence, in particular by means of the relevant software and he/she undertakes not to provide these devices to unauthorised persons. 4. In the scope of using BRESOK system the Customer undertakes to observe the rules of safe use of devices used to execute electronic banking services, in particular to observe the security rules presented by the Bank on the mbank Group website at bankowosc-mobilna/bezpieczenstwo/. 5. The Customer is liable for incorrect operation of the devices referred to in paragraph 2 in connection with the activity of malicious software installed in those devices. 14 The Customer is charged with orders submitted by persons to whom s/he disclosed information on operation of the BRESOK system, of which disclosure may cause ineffectiveness of the mechanisms ensuring security of orders The Customer is obliged to notify the Bank forthwith of loss, theft or appropriation or unauthorised use of the passwords, keys or certificates, referred to in 8, or the BRESOK system software. Notification not given in writing should be confirmed by the Customer in the form of a letter submitted to the branch within 7 business days from the date of giving the initial notification. 2. On the basis of the notification, the Bank prepares new passwords, keys or certificates and delivers them to the Customer or installs the BRESOK system software. In such a case, 8-11 of these Regulations apply accordingly In the event of a suspicion that the order has been placed as a result of fraud or abuse, the Bank has the right to suspend the execution of the order and make it conditional on an additional order confirmation obtained by phone from the user of the BRESOK system entitled to authorise orders. Suspending the execution of an order until an additional order confirmation is obtained, referred to in the previous sentence, is not a violation of the Agreement. 2. The Customer declares that the data of the BRESOK system users provided in the Application form to the Electronic Customer Service System BRESOK and in the Identity Card together with information on personal data processing, including phone numbers and addresses, is valid. The Customer undertakes to update the Application form to the Electronic Customer Service System BRESOK and the Identity Card together with information on personal data processing in the event of a change in any of the data items provided. The Bank takes no responsibility for damage caused by failure to update data of the BRESOK system users. 4/10

5 17 1. The description of security rules and the Customer s obligations related thereto are presented by the Bank on the mbank Group website at and on the website for logging into BRESOK. 2. The Customer undertakes to make himself familiar with the information on security rules referred to in paragraph 2 at least on a weekly basis. 3. The Customer is liable for violation of provisions of and paragraph 2 hereof, in particular, the Customer is responsible for orders placed in relation with the violation of these provisions and in relation with the violation of security rules referred to in paragraph 1. Chapter IV Access to Bank Information and Intra-System Electronic Mail The Bank makes the following general information available to the Customer in the BRESOK system: 1/ basic data on the head office and branches of the Bank, including addresses and telephone numbers, 2/ fees and commissions for services provided by the Bank, 3/ foreign exchange rates, 2. The Bank makes the following available to the Customer in the BRESOK system: 1/ detailed information on the account balance as at a given date and time and operations on the Customer s bank accounts, 2/ information on the Customer s deposits and loans. 3. The bank information, referred to in paragraph 1-2 does not replace bank documents. 4. Any change in the scope of bank information made available to the Customer, referred to in paragraph 1 2, is not deemed as amendment to the Agreement and these Regulations. 5. The Customer undertakes to familiarize himself/herself with the information, referred to in paragraph By means of the BRESOK system, the Bank provides the Customer with access to the intra-system electronic mail used to exchange text messages with the Bank. 2. The Customer undertakes to download and read the text messages sent by the Bank via the electronic mail, referred to in paragraph 1, at least once a week. 3. The Customer grants his/her consent to receive business information from the Bank via means of electronic communication. In particular, the Bank may send business information using the BRESOK system via the intra-system electronic mail, referred to in paragraph At any time, the Customer may cancel his/her consent, referred to in paragraph 3, by submitting a written statement to the branch. Chapter V Executing Orders 1. General Terms and Conditions of the Execution of Orders 20 The persons indicated by the Customer as persons entitled to authorisation in section A of the Appendix, referred to in 6 paragraph 1 point 2, are entitled to submit orders in the BRESOK system. 21 Instructions submitted to the Bank are authorised by means of electronic signatures, referred to in 8 point The Customer may submit the order both on business days and holidays. 2. The moment of payment order receipt by the Bank in the meaning of the Payment Services Act is the moment when the Bank received a correct order from the Customer. 3. In the case when the Bank receives a payment order, referred to in paragraph 2, after the cut-off time specified by the Bank, pursuant to paragraph 4, or on the bank holidays, it is assumed that the Bank received the payment order in the meaning of the Payment Services Act on the following business day for the Bank. 4. The detailed information about the cut-off times for submitting and executing orders, forms and principles of monetary settlements applicable at the Bank are communicated through information displayed in the operating rooms of the Bank or on the official website of the mbank Group at Subject to 22, the Customer may submit orders to be executed at a future date, unless the Agreement provides otherwise. The future execution date is the same for all the orders included in one batch. 2. The future execution date of an order may fall on the 180th day following the date of submitting the order to the Bank at the latest. 3. If the future execution date falls on bank holidays, the order is executed on the first business day following the holiday. 4. The Customer has the right to cancel, in writing or electronically within the BRESOK system, all the orders to be executed at a future date included in one batch ( term batch cancellation ), no later than on the first business day preceding the execution date inclusive. 5. The written order of the Customer, referred to in paragraph 4, must be submitted on the form appended to the Agreement, referred to in 6 paragraph 1 point 3, to the branch within its working hours. 6. The Bank provides the Customer with the functionality Orders awaiting funds (all the Customers orders will await for funds by the cut-off time of a given order time, provided that the time for order processing is included, if upon the order placement, there are not enough funds on the account), unless the Customer submits to the branch a written statement about resignation form this functionality. It is possible to resign from the service at any time, effective as of the next business day following the day on which the Customer files his statement with the Bank. In the case when the Customer resigned from this functionality, in order to reactive it, the Customer must file a written statement; the service is activated no later than on the next business day following the day on which the Customer files his statement with the Bank The Bank executes the Customer s orders denominated in PLN or foreign currencies listed in the mbank S.A. Exchange Rates. 5/10

6 2. If it is necessary to convert the order amount, the Bank settles the order using the exchange rate of the currency, referred to in paragraph 1, applicable at the Bank at the time of execution. 3. If a need arises to convert the amount of the order - between accounts maintained within the Bank or in the case of a domestic transfer from an account with the Bank - the minimum amount of a single order should be at least 100 Japanese yens (JPY) or 100 Hungarian forints (HUF) or one monetary unit for other currencies, e.g. 1 zloty (PLN), or 1 euro (EUR). 4. The principles laid down in paragraph 1-3 apply, unless the provisions of separate agreements entered into between the Customer and the Bank provide otherwise. 25 Subject to 16 paragraph 1, 23 paragraph 4 and 27 paragraph 4, the Customer s orders constitute final orders binding on the Customer to debit his/her bank account, and except for postal orders, to credit the bank account indicated in the order The Customer authorises the Bank to debit his/her bank account with the amount of executed orders. 2. The Bank debits the Customer s account at the time of executing an order, unless separate agreements entered into between the Customer and the Bank provide otherwise. 3. At the time of debiting his/her account with the amount of executed order, the Customer is obliged to hold funds in the bank account in the amount at least equal to the order amount plus fees or commissions due to the Bank The Bank confirms the execution of orders by bank account statements in accordance with the bank account agreement or bank account regulations. 2. The documents, referred to in paragraph 1, include, in particular, information on executed orders, relevant settlements, and fees and commissions charged by the Bank. 3. The Customer may notify the Bank of his/her reservations about the information, referred to in paragraph 2, in a manner and within deadlines specified in the bank account regulations. 4. The Customer may cancel the order until and including the day preceding the order execution date. 5. The Bank is entitled to charge a fee for cancelling the order, in line with paragraph 4. The fee amount is stipulated in the Tariff of banking fees and commissions of mbank for SME and Corporates. 28 The Bank is not liable for the loss and distortion of or delay in the execution of orders caused by factors beyond the Bank s control during the time of processing the order through any cable or wireless device, and for the effects of execution of orders submitted by the Customer The provisions set forth in 22, 23 and 26 paragraph 1 do not apply to direct debits whose terms and conditions of execution are defined under another agreement. 2. Detailed rules of executing orders to open term deposits are laid down in the Regulations of Term Deposits in PLN and Foreign Currencies for Institutionals. 2. The detailed rules for effecting domestic FX transfers and international FX transfers The Bank executes domestic FX transfers and international FX transfers applying the following division of costs: 1/ SHA commissions and fees are incurred by both the Customer (the ordering party) and the beneficiary (the Customer incurs fees and commissions charged by the Bank, and the beneficiary incurs all the other fees and commissions), 2/ OUR fees and commissions are incurred only by the Customer (the ordering party), 3/ BEN fees and commissions are incurred only by the Beneficiary (the Bank debits the bank account of the Customer determined in a domestic FX transfer or an international FX transfers (ordering parties) with a full amount of the order and decreases the amount of the order by the fees and commissions due to the Bank and incurred by the beneficiary. 2. Depending of the transaction currency and the selection of the Customer, the Bank executed domestic FX transfers in the following modes: 1/ STANDARD - the order is executed on the value date for the beneficiary s bank D+2, where D stands for the date of executing the Customer s payment instruction by the Bank, 2/ URGENT - the order is executed on the value date for the beneficiary s bank D+1, where D stands for the date of executing the Customer s payment instruction by the Bank, 3/ EXPRESS - the order is executed on the value date for the beneficiary s bank D, where D stands for the date of executing the Customer s payment instruction by the Bank. 3. Detailed information on the availability of execution modes of domestic FX transfers or international FX transfers depending on the currency of the order is available in the applicable the Tariff of banking fees and commissions of mbank for SME and Corporates. 4. The Customer authorises the Bank to modify domestic FX transfers or international FX transfers in the scope of correct assignment of the execution mode of the order (change of the STANDARD mode to URGENT mode) and select the costs option (change from BEN to SHA option) in order to ensure compliance of the order with the provisions of the Payment Services Act - provided that the domestic FX transfer or the international FX transfer originally submitted by the Customer is non complaint with these provisions. 5. The Customer authorises the Bank to set the BIC code of the beneficiary s bank on the basis of the IBAN account of the beneficiary given by the Customer, in the case of discrepancies between the BIC of the beneficiary s bank and the IBAN account of the beneficiary given by the Customer in SEPA transfer. 3. Special rules of executing postal orders against confirmation of receipt 31 The Customer, through the BRESOK system, may submit an execution order for within the territory of the Republic of Poland: 1/ a (regular) postal order, delivered to the recipient s address, as indicated, as per applicable regulations in that respect, 2/ a Poste Restante postal order which is issued to the addressee exclusively at the Postal Operator s paying post office specified by the Customer. Poste Restante postal orders must contain the forename and surname or the full name of the postal order addressee, and be correctly marked ( Poste Restante ), together with the postal number of the Postal Operator s paying post office to which the addressee is to report for the collection of the postal order. 6/10

7 32 1. Postal Operator will process data of addressees of the postal order provided by the Customer. 2. The Postal Operator acting on the basis of the Postal Law Act dated 23 November 2012 is obliged to keep postal secret, i.e. render the service in a manner which ensures data secrecy of the entities using the postal services and data concerning the scope of services rendered, unless the obligation to disclose such information stipulates from the a decision of the court, a public administration authority, or is connected with performing a legal obligation arising from a different basis Confirmation of the postal order fulfilment, subject to provisions of 23 of these Regulations, are sent to the Customer upon receipt of the Acknowledgement of receipt slip of the postal order from the Postal Operator, signed by the recipient of the postal order, or return document. Return confirmations Acknowledgement of receipt of the sent postal orders are made available to the Customer by the Bank in a return report, whose structure is presented at the mbank Group websites at the address: or under the file name Struktura_raportu_przekazu_pocztowego (Postal_order_report_structure). 2. The Bank does not provide the Customer with actual paper documents of on acknowledgement of receipt in a paper form. These documents are stored at the Bank under separate regulations. 3. The Bank may forward electronic images of acknowledgement of receipt to the Customer upon receiving an Instruction of granting the rights to use the Bank s/postal Operator s website and displays of confirmation of receipt or return documents under postal orders filed and signed by the Customer, and provided that the Customer agrees to incurring costs connected with making this service available. 4. Electronic images of the recorded delivery documents are made available at the Postal Operator s website following the approval and signing of the instruction referred to in paragraph The Customer may request the Bank to make available the original acknowledgement of receipt documents of the postal order. At the Customer s request, within 14 business days from receiving it, the Bank will deliver the original confirmation of receipt of the postal order at the address indicated by the Customer. 6. Additional fee is required for the services referred to in paragraphs 3-5. Rates of fees are consistent with the Tariff of Banking Fees and Commissions of mbank for SMEs and Corporates applicable at the Bank or the Instruction to grant authorisations to use the website and images of documents confirming the receipt within a postal order. 34 In the case when the postal order is returned, the Customer shall receive a refund of the entire amount of the postal order sent to the bank account from which the postal order was sent. 35 The Bank charges the Customer with a postal fee for returning the postal order in accordance with a price list available on the mbank Group website at the address: and transfers it to the Postal Operator. 4. Special rules of executing mass domestic transfers (Mass Payment) Under the Agreement or a separate Customer s instruction approved by the Bank, the Bank makes the Mass Payment product available to the Customer. 2. The Customer may submit mass domestic transfer orders (Mass Transfer) via the BRESOK system, including transfers to the contribution account assigned by ZUS. 3. Mass Payment product is made available to the Customer on condition that the Customer holds an auxiliary PLN bank account ( Mass Payment account ) with the Bank. 4. The Mass Payment orders may be submitted solely from the Mass Payment accounts indicated in the Agreement or the separate Customer s Instruction approved by the Bank. 5. The Bank executes Mass Payment orders denominated solely in PLN. 6. Mass Payment orders are executed up to the limit equal to the sum of the Mass Payment account balance and the overdraft, if any, granted to the account under a separate credit agreement. 7. Subject to paragraph 8-10, the Bank s acceptance of Mass Payment order results in: 1/ blockade of funds in the Mass Payment account on the business day on which the order was accepted if the order was sent by the cut-off time specified by the Bank, and execution of the order on the same business day, or 2/ blockade of funds at the Mass Payment account on the following business day if the order was sent after the cut-off time specified by the Bank, and execution of the order on the following business day. 8. In the case when the Bank accepts a mass domestic transfer order on bank holiday, the blockade, referred to in paragraph 7, is imposed on the first business day following the bank holiday. 9. Subject to paragraph 10, in the case when the Bank accepts a BRE Mass Payment order to be executed at a future date, the blockade, referred to in paragraph 7, is imposed on the business day which is the execution day of the order. 10. If the future execution date indicated by the Customer is bank holiday, the blockade, referred to in paragraph 7, is imposed on the first business day following the bank holiday. 11. The blockade of funds at the Mass Payment account is imposed in the amount equal to the sum of all the partial orders submitted within the Mass Payment order. 12. The Mass Payment account is debited with the total amount of executed Mass Payment orders. 13. Partial orders making up the Mass Payment order are executed on the execution date of the Mass Payment domestic order indicated by the Customer, even if the content of particular partial orders indicates that they should be executed on other business day. Chapter VI Order execution limitations 37 The Customer has the right to use funds freely up to the amount of the current or auxiliary account balance within the framework of applicable law If the order submitted by the Customer is at variance with the Agreement, these Regulations, the bank account agreement and the bank account regulations or law, the Bank refuses to execute the order. 7/10

8 2. If the Customer s order for a domestic FX transfer or an international FX transfer was filed in a mode of executing a domestic FX transfer or an international transfer which is not serviced by the Bank for the currency in which the order was issued, the Bank refuses to execute the order, subject to 30 paragraph If the amount of the Customer s order plus the fees or commissions due to the Bank exceed the bank account balance, the Bank may refuse to execute the order. 4. If the Customer uses invalid NRB or IBAN identifier in the order, the Bank may refuse to execute the order. Incorrect NRB or IBAN identifier means an identifier not in line with the bank account number standard set in the Regulation of the President of the National Bank of Poland, referred to in 2 point The Bank may refuse to execute an order submitted by a person entitled to authorise orders, referred to in 20, who in accordance with 52, failed to meet the obligation to provide the branch with the Identity Card and information on personal data processing, i.e. section B of the Appendix, referred to in 6 paragraph 1 point The Bank may refuse to execute an order whose execution date falls after the 180th day following the date of submitting the order to the Bank. 39 In the case when the Bank s verification of the electronic signature authorising an order is negative, the order is not executed by the Bank In the case of refusal to execute an order, the Bank notifies the user of the BRESOK system forthwith about the refusal to execute the order. 2. In cases referred to in 38 paragraph 3-6, information on the refusal to execute an order will be forwarded to the BRESOK system user via an announcement available within the BRESOK system or at the Customer s request via an sent to the address indicated by the Customer, or by sending a fax to the fax number indicated by the Customer. 3. The Bank has the right to collect a fee for the announcement referred to in paragraph 2 in the case when the refusal to execute the order was justified. The fee collected is defined in the Tariff of banking fees and commissions of mbank for SME and Corporates. Chapter VII Interest Calculation 41 Funds deposited in current and auxiliary accounts held by the Customer bear interest at a variable interest rate. Interest on the current and auxiliary account is capitalised on a monthly basis. 42 The detailed terms and conditions of interest on: 1/ current or auxiliary bank accounts held by the Customer are laid down in the bank account agreement and the bank account regulations, 2/ term deposit accounts held by the Customer are laid down in the Rules of Term Deposits in PLN and Foreign Currencies for Institutional Clients. Chapter VIII Fees and Commissions In respect of the Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A. the Bank charges fees and commissions as per the Tariff of banking fees and commissions of mbank for SME and Corporates - Chapter I - Bank accounts, which is an integral part of the Agreement on Using the Electronic Customer Service System BRESOK of mbank S.A. 2. For the servicing of the postal order, the Bank charges, subject to the fee mentioned in paragraph 1, postal charges in accordance with the current price list of the Postal Operator, published on the mbank Group websites at the address 3. The Bank collects a fee for execution of a Mass Payment specified in the Agreement or a separate Customer s instruction approved by the Bank. 4. The amount of fees and commissions may change. The changes in fees and commissions depend, in particular, on the level of the operation service costs incurred by the Bank and on the market parameters affecting the level, such as inflation rate or foreign exchange rates, reference interest rates set by the National Bank of Poland. 5. The Tariff of banking fees and commissions of mbank for SME and Corporates are introduced by the President of the Bank s Management Board in the form of an order The new text of Chapter I of the Tariff of banking fees and commissions of mbank for SME and Corporates specifying the revised fees and commissions along with their effective date will be delivered by the Bank to the Customer in a manner and mode specified for revised fees and commissions in the Regulations for Opening, Maintaining and Closing an Integrated Bank Account with mbank S.A. or in the Regulations for Opening, Maintaining and Closing Bank Accounts at mbank S.A. depending on the current or auxiliary bank account agreement concluded with the Customer. 2. If the Customer fails to submit a written declaration on his refusal to accept the changes introduced within 14 days following the delivery date of the new text of Chapter I of the Tariff of banking fees and commissions of mbank for SME and Corporates specifying the revised fees and commissions, referred to in paragraph 3, the changes are deemed accepted by the Customer and binding on the parties as of the effective date. 3. The Customer s refusal to accept the changes in the fees and commissions of mbank S.A. within the deadline referred to in paragraph 2 will constitute the Customer s termination of the Bank Account Agreement. In such a case, 48 paragraph 1 applies The current rates of the Tariff of banking fees and commissions of mbank for SME and Corporates and information on the amendments in rates are available in the form of announcements in the Bank s operating rooms or through the mbank Group websites at the address 2. The Customer undertakes to familiarize himself/herself with the content of the information published on the official website of the mbank Group at www. mbank.pl/informacje-dla-klienta/msp-korporacje/, at last once a week The Customer authorises the Bank to debit his/her bank account with the fees and commissions due to the Bank, including potential costs of the foreign bank in the case of execution of domestic FX transfers or an instruction to make an international FX transfer and with the amount of postal fees arising from execution of a postal order. 2. The Bank will debit the Customer s account with fees and commissions for executed orders at the time of its execution. 3. The monthly fee for using the BRESOK system is collected in advance for each month. 4. The provisions of paragraph 2-3 apply unless the provisions of separate agreements entered into by the Customer and the Bank provide otherwise. 8/10

9 Chapter IX Amending the Regulations, the provisions of the Agreement and terminating the Agreement Amendments introduced hereto during the term of the Agreement will be delivered to the Customer on their effective date. The amendments are sent by registered mail against confirmation of receipt, handed against receipt or sent electronically in the BRESOK system. 2. In the case when the amendments to the Regulations are sent electronically in the BRESOK system, the Customer is notified via the intra-system electronic mail about the place where the amendments are available for download and the date from which the download is possible. The delivery date of the amendments to the Regulations is the eighth day counting from the date of making the amendments available for download. 3. The Customer may submit a written notice of termination of the Agreement within 14 days following the delivery of amendments to the Regulations. 48 paragraph 3 of the Regulations applies accordingly. 4. The termination period is one month and starts on the delivery date of the notice to the Bank. 5. Unless the Customer delivers the notice of termination to the Bank within 30 days following the delivery date of amendments to the Regulations, the amendments enter into force on the effective date of the amendments to the Regulations. 6. The Customer undertakes to get familiar with the content of the information made available to the Customer by the Bank through an inter-system at least once a week The Agreement may be terminated with a one-month notice by the Customer or the Bank. The period of notice runs from the date of delivery of the termination notice to one of the parties. 2. The Bank may terminate this Agreement under paragraph 1 for important reasons, in particular: 1/ gross violation of the Agreement, these Regulations, bank account agreement and bank account rules committed by the Customer, 2/ false information provided by the Customer when entering into the Agreement, 3/ actions taken by the Customer which may cause damage to the Bank, 4/ disclosure of information about operation of the BRESOK system by the Customer, where such disclosure may render security mechanisms ineffective, 5/ decommissioning of the BRESOK system by the Bank, 6/ in the case when the Customer is included by the Polish Financial Supervision Authority (KNF) in the list published on the KNF s official website being a public warning against dishonest entrepreneurs (also in the case when the Customer is included into a list published on the official website of a foreign counterpart of KNF being a public warning of the financial supervisor against dishonest entrepreneurs) 3. Termination of the Agreement by any of the parties is made in writing and should be signed by persons authorised to make declarations of will with respect to proprietary rights and duties. In the event when the Bank terminates the Agreement, the Customer is notified of the reason for the termination. 49 The Agreement is dissolved as of the date of terminating the bank account agreement entered into between the Bank and the Customer (current or auxiliary account agreement) referred to in the introductory part of the Agreement. 50 The Customer is liable to the Bank for meeting all the obligations arising during the term of the Agreement and connected with its execution Subject to 44 paragraph 1 and 47 paragraph 1-2 of these Regulations, the provisions of the Agreement may only be amended in writing. 2. Amendments to the Appendices to the Agreement listed in 6 are construed as amendments to the Agreement. Chapter X Final provisions The responsibility for submitting the Identity Card and information on personal data processing, i.e. section B of the Appendix to the Agreement, referred to in 6 paragraph 1 point 2, by every person entitled to authorise orders, referred to in 20, falls with the Customer. 2. The responsibility for immediate update of personal data by persons entitled to authorise orders, referred to in 20, in the scope defined in section B of the Appendix, referred to in 6 paragraph 1 point 2, falls with the Customer. 3. The persons, referred to in paragraph 1, update their personal data at the branch. In order to update their data, the persons are required to present their identity document. 53 Using the BRESOK system, the Customer cannot provide the Bank with illegal contents The Bank may suspend provision of the services, referred to in 4 paragraph 1, in the event of a failure of the Bank s computer or telecommunications system which renders provision of the services impossible, until such a failure is repaired. 2. The suspension of services for reasons indicated in paragraph 1 does not violate of the Agreement and these Regulations The Bank, as the personal data administrator, under the provisions of the Personal Data Protection Act of 29 August 1997, hereby declares that the Customer s data, and the data of his/her representatives and employees designated by him/her to service the BRESOK system will be processed in the bank data base in order to satisfy the terms and conditions of the agreements signed with the Bank. 2. Pursuant to the provisions of the Personal Data Protection Act the Customer, his/her representatives and employees designated by him/her to service the BRESOK system are entitled to: 1/ access and correct their data, 2/ object to processing personal data for purposes of direct marketing of products and services offered by the Bank. 9/10

10 56 1. The Customer may file a complaint about the services rendered by the Bank under the Agreement. 2. Complaints may be filed with every organisational unit of the Bank providing customer service. The list of organisational units of the Bank together with their addresses is published on the official website of mbank Group. 3. Complaints may be filed in writing, verbally - by phone or in person during a meeting with the Bank s employee or electronically, in particular via the electronic banking system BRESOK. 4. Each complaint should contain a detailed description of the event giving rise to reservations, Customer s expectations regarding the way of settling the complaint, the bank account number, name and statistical number REGON of the Customer as well as data of the person rising the complaint (name, surname, phone no. and address). 5. The Bank handles complaints forthwith, as soon as possible; however, the deadline for handling a complaint and for providing a reply should not exceed 30 calendar days from the date of receipt of the complaint by the Bank. In particularly complicated cases which make it impossible to handle a complaint and provide a reply within the time limit stated in the previous sentence, it is acceptable to extend the deadline for handling a complaint and providing a reply to a maximum of 60 days; if that is the case, the Bank notifies the Customer accordingly. 6. Having handled the complaint, the Bank notifies the Customer of the result of the complaint proceedings. Replies to complaints are provided in writing, with the use of other durable medium or - in the case of a Customer being a legal person or an organisational unit without legal personality - by In the event when claims arising from the complaint are dismissed, the Customer may apply to the Bank for reconsidering the complaint within 14 days from the date of receipt of the reply to the complaint. The appeal should be made in writing. The appeal should contain the data referred to in paragraph. 8. The provisions of paragraphs 1-7 do not limit the Customer s right to pursue claims against the Bank in accordance with generally applicable law. 9. The Bank s operation is supervised by the Polish Financial Supervision Authority (KNF). 57 The Bank notifies the Customer that in connection with making international money transfers through the agency of the Society for Worldwide Interbank Financial Telecommunications (SWIFT), the administration of the United States of America may have access to the personal data. The US authorities have undertaken to use the personal data obtained from SWIFT only for the purpose of counteracting terrorism, respecting the guarantees provided for in the European system of personal data protection expressed in the Directive 95/46/EC of the European Parliament and of the Council dated 24 October 1995 on the protection of individuals with regard to the processing of personal data and in the free movement of such data. 58 Pursuant to Article 384 of the Civil Code and Article 109 of the Banking Law, these Regulations are binding. mbank.pl mbank S.A., ul. Senatorska 18, Warszawa, entered in the commercial register of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division, under KRS , Tax Identification Number (NIP): , with its fully paid-up share capital amounting to PLN as at 1 January /10