TERMS & CONDITIONS OF USING SMARTBIZZ INTERNET BANKING

Transcription

1 TERMS & CONDITIONS OF USING SMARTBIZZ INTERNET BANKING I. General provisions 1. By these Terms & Conditions of Using SmartBizz Online Banking Services (hereinafter referred to as: Terms & Conditions), Splitska banka d.d., Split, Company Register Number: , Personal Identification Number (OIB): , regulates and defines the conditions and methods of use and the rights and obligations of the Service User (hereinafter referred to as: User) and the Bank regarding the contracting and use of the Internet banking service (hereinafter referred to as: Service). 2. Provisions of these Terms & Conditions shall be binding upon the User as well as all Authorised Persons of the User. 3. These Terms & Conditions shall be applicable to gether with General Terms & Conditions of Business Operations, General Terms & Conditions of Providing Payment Services to Non-Consumers, General Terms & Conditions of Card Operations, User Instructions and amendments thereto made during the contract relationship between the Bank and the User. II. Definitions 1. Bank denotes the provider of banking services via Internet banking SmartBizz. 2. Service denotes the group of banking products provided by the Bank via Internet Banking - SmartBizz. 3. Application denotes the Internet Banking - SmartBizz Service Use Application a form having the quality and legal effects of a contract. 4. Service User is the holder of one or several accounts set up with the Bank, who submits the Application to the Bank and can be a legal person, a craftsman or any other natural person operating within the scope of its business or freelance activity. 5. Authorised Person any resident or non-resident natural person of age authorised by the User to use the Service. 6. Account(s) denote the account(s) opened with the Bank and specified by the User in the Application as the account(s) available for business transactions by way of the Service. 7. User Name denotes an alphanumerical sequence automatically generated by the system and serving as the Authorised Person s ID. 8. Identification Device is a device used for identification and authorisation of transactions issued by the Bank to Authorised Persons in the form of a token or Smart Card. 9. Initial PIN is a personal identification number allocated by the Bank to each individual Authorised Person for the purpose of initial identification of the User. 10. PIN denotes a personal identification number of the Authorised Person required for the activation of the token. 11. Password is a personal secret series of characters and/or numbers known only to the Smart Card user. 12. Authorisation denotes an action or a series of connected actions by which Authorised Persons give their consent to the execution of one or several payment transactions or by which they contract one or several services using the Identification Device and Personalised Security Features 13. Personalised Security Features are secret identification numbers and/or signs known only to the Authorised Person, including User Name, Initial PIN, PIN, Smart Card Password 14. Bank Website unambiguously denotes the Internet location where the bank Website is located. The web address of the Website is BBT - Batch Booking True option in the PAIN.001 file denotes the manner of debiting the account of the payer of a certain group of orders. If the value is True, then the account is debited with the total amount of the group of orders, and if the value is False, then the account is debited with the amounts of individual orders in the group. III. Service 1. The Bank shall by way of the Service enable overview of account balances and account movements, delivery of statements of the account(s) the User requested in the Application to be available through the Service, domestic and international payments over accounts, overview of VISA cards, overview of liabilities and other financial services indicated in instructions on how to use SmartBizz. 2. The scope and content of the Service is indicated in the Bank s User Manual and can be modified depending on the Bank s technical and other capacities. Complete information about modifications of the scope and content of the Service shall be available to the User in the User Manual at www. splitskabanka.hr, which will be communicated by the Bank to the User in the contracted manner. 3. Statements concerning the Service shall be available free of charge in the PDF format, while other formats (CAMT.053, MT940, HUB) shall be charged according to the Bank s schedule of charges. 4. The Bank reserves the right to change the scope and content of the Service. Complete information about modifications of the scope and content of the Service shall be available to the User in the User Manual at 5. The foreign exchange rate published at the Bank s Website and in the Service is for information purposes only. 1

2 IV. Enabling the use of the Service 1. Prerequisite for enabling the Service is an account held with the Bank in domestic and/or foreign currency and the Application accepted by the Bank. 2. The use of the Service is enabled by the acceptance and approval of the Application by the Bank. Subject to conditions of its business policy, the Bank reserves the right to reject the Application without the obligation to provide any explanation for its decision to the User. 3. Every Authorised Person shall individually sign the Service Application and deliver a copy of the personal ID card or passport. The Application shall be certified by the User s legal representative or attorney-in-fact based on special power of attorney. 4. The time when the Application is approved by the Bank shall be considered the time of Contract conclusion. These Terms & Conditions, together with the signed Application, are a constituent part of the Contract. 5. The User can define one or several natural persons to use the Service and dispose of the funds in the User s account according to authorisations granted by the User. Any resident or non-resident natural person of age can be an Authorised Person. The Authorised Person checks the account balance and gives orders for financial transactions on behalf and for the account of the User. The User shall be obliged to inform the Authorised Persons about their rights and obligations. The User shall supervise the use of authorisations granted to the Authorised Person. The User shall be liable for any loss caused to the User/Bank by the Authorised Person. The User determines and modifies the scope (level) of authorisation granted to the Authorised Persons, and removes their authorisations. The User may grant, change the scope (level) of authorisations, and remove the authorisations from Authorised Persons only in written form and only on forms defined by the Bank. A User who is at the same time also the Authorised Person for the Service may exceptionally request by way of the Service, on a one-time basis, modification of amounts of limits granted to the Authorised Persons and block Authorised Persons on the grounds of suspected abuse. Modification of the scope (level) of authorisations as well as the removal of authorisations shall take effect from the time when the Bank has received notice, officially recorded and informed the User about performed modifications. 6. The Bank shall, upon approval of the Service Application, deliver to the Authorised Persons the identification device for use. 7. By way of exception, when the identification device has been at the User s explicit request sent to the User mail or taken over by a person sent by the User, the User shall bear full liability and accept all risks related to possible abuse, loss or damage of the device after delivery of the identification device by the Bank. 8. The Bank shall allocate a User name and Initial PIN to every Authorised Person upon approval of the Application. 9. The Bank shall enable the use of the Service by posting a link to the Service on its website The Bank shall publish the User Manual for the Service on its website. 11. The Bank shall publish the content of these Terms & Conditions and any future amendments thereto on its website. V. Payment transactions 1. The Bank shall execute payment orders received by way of the Service according to the document Time of receipt and execution of transactions through SmartBizz published on the Bank s Website. 2. The Bank shall execute payment orders authorised by way of the Service when all conditions for order execution have been met according to General Terms & Conditions of Business Operations, General Terms & Conditions of Providing Payment Services to Non-Consumers and these Terms & Conditions. 3. Data about mandatory elements that each payment or der must contain are available to the Users in the User Manual on the Bank Website. 4. The User shall be responsible for the accuracy of issued domestic and/or international payment orders and for their compliance with valid statutory regulations. 5. It shall be deemed that the Bank has received a payment or transfer order at the time when the Authorised Person has authorized the duly completed payment order by way of an Identification Device using Personalised Security Features and sent it for execution. 6. The Bank shall not execute the order in case of incorrectly entered data if such data are subject to control in accordance with statutory regulations (reference number, model, account number ). 7. The Bank shall not execute a payment transaction or transfer if the transaction account is not sufficiently credited for the payment of the full order amount. 8. Where a future execution date is defined in the payment order or transfer (so-called future value date orders ), the Bank shall not execute the order if the account is not sufficiently credited for the payment of the full order amount on the date defined for order execution. 9. Where a future execution date is defined in the payment order or transfer (so-called future value date orders ) which requires conversion, it shall be rejected on the date defined for execution if the Bank suspends trading in the order currency on the order execution date, about which the User/Authorised Person shall not be specifically notified by the Bank; instead, it will be visible in the status of the order in the Service that the order has been rejected. 10. The Bank undertakes to execute financial transactions only if they correspond to the defined restriction individual transaction limit, monthly or weekly limit relative to the amount and number of orders, as well as the total daily limit defined by the User in the Application. Before the Application with defined limits is signed, the Bank shall define/determine client limits at its own discretion and notify the clients thereof in the agreed manner. Such notification is a constituent part of the Contract and these Terms & Conditions. 2

3 11. For current national, cross-border and international payments, according to regulations of binding force, the User is not required to deliver documents to prove the payment basis and obligation (invoices and contracts) to the Bank, but undertakes to set aside and store the indicated original documents according to statutory provisions and to keep them on a selected medium in order to have them available for control purposes. The Bank can determine at its own discretion which additional documents it may require for the execution of payment orders to be delivered by the User at the Bank s request. 12. By way of the Service, the Authorised Person can deliver the PAIN.001 file with BBT option = True exclusively for the payments group containing orders for salaries, other regular and occasional payments, which are completed according to the Contributions Act including any amendments and other corresponding by-laws. The Bank debits the User s account with the total amount of salary orders in the BBT = True group. If the account is not sufficiently credited to execute the entire group of payments, the Bank shall reject the file. If one or several salary orders in the BBT=True group has a wrong account indicated (e.g. the indicated payee account is closed) or cannot be executed for any other reason, the Bank shall execute all correct payment orders and query incorrect orders with the User. If the User or its Authorised Persons deliver correct data, the Bank will execute the queried salary orders or otherwise return the total amount of not executed orders. 13. By way of the Service, the Authorised Person can contract the execution of standing payment orders, including internal standing orders (transfers between the User s accounts), standing orders in favour of payees with the Bank or with other institutions, including kuna orders with the amount defined in foreign currency. The Bank shall perform standing orders in favour of the payee s account, according to the amount and deadlines indicated in the payment order. The User/Authorised Person can modify/delete the standing order 5 days prior to the date defined as the payment order execution date at the latest. 14. For payment transactions initiated by way of the Service, which imply the application of the Bank s foreign exchange rate (for example, the buying and selling of foreign currency), the Bank s buying/selling foreign exchange rate in force or contracted on the processing and payment order execution date shall apply. For SEAP eligible national and cross-border payment transactions in EUR with order amounts equal to or less than the equivalent of HRK 75,000.00, the Bank s buying/selling foreign exchange rate prevailing on the date of processing and execution of the payment order shall apply. For SEPA eligible transactions with amounts exceeding HRK 75,000.00, orders can be made only to the debit of a transaction account in the transaction currency (EUR). 15. For currency conversions between accounts in other countries currencies, the official currency of the Republic of Croatia shall be used as the accounting currency and the Banks foreign exchange rate shall apply. 16. A payment transaction can be revoked by the time when the order becomes irrevocable at the latest or, as the case may be, if no funds are reserved in the debited account and/ or if the order has not been executed in the meantime and does not have the pending status (future order). To revoke an order with pending status, one signature of any Authorised Person having signatory power shall be sufficient. To revoke national payments in foreign currency, cross-border and international payments, the client shall deliver a certified letter or authorised message of cancellation of transaction by the time it becomes irrevocable. The order becomes irrevocable when the Bank has reserved funds in the debited account and/or executed the order. 17. The Bank may, in certain cases, accept authorised corrections of the order delivered by a message. The Bank shall take into consideration the order correction message only if the order has not been processed yet and if the message contains: Additional payment description data Additional address data Change of BIC Change of cost option Request for urgent value date Additional credit reference data. If change of credit reference data would result in funds being channelled to another account, the Bank shall reject the order with written notice to the User. 18. Every payment transaction which has been confirmed and authorised by way of an Identification Device shall be considered an authorised payment transaction. The use of a Personalised Security Feature and Identification Device shall be considered indisputable proof of identity of the User/ Authorised Person and their confirmation of the payment transaction. The fact that the Bank has recorded that an Identification Device accessed by way of a Personalised Security Feature has been used as a payment instrument shall be sufficient proof that the User or the Authorised Person has authorised the payment transaction and thus accepted the responsibility for the executed transaction. Every User/Authorised Person with signatory power can sign any payment transaction; however, a payment transaction is considered authorised only when it has been authorised by persons authorised for a particular transaction with their signature(s). The list of transactions authorised by authorised persons contains the names of all Users who have signed the payment transaction. VI. Deposit operations 1. The Bank shall enable deposits to be contracted by way of the Service. 2. In order to be able to contract a term deposit by way of the Service, the User must previously have signed with the Bank a Master Contract on Contracting Cash Deposits by Way of SmartBizz Internet Banking Service. 3. The product description and the manner of contracting deposits are defined by the Master Contract on Contracting 3

4 Cash Deposits by Way of SmartBizz Internet Banking Service and the Bank s User Manual. 4. The User is required to ensure the deposit funds in the account from which the fixed term deposit is made. Otherwise, the deposit request shall be considered invalid. 5. When negotiating the term deposit conditions, the User and/ or the Authorised Person must explicitly state to the Bank employee if he/she wishes the Confirmation to be delivered by fax/ rather than by way of the Service. 6. The fixed term deposit transaction can be signed by the Authorised Person with signatory power for the account from which the deposit is made, according to the internal orders signing scheme, without considering the limits. 7. No early withdrawal of the fixed term deposit shall be possible by way of the Service. 8. In case of early withdrawal of the deposit in the contracted manner, the Bank shall pay to the User the interest rate defined by the Bank s valid decision on interest rates on sight deposits, and not the contracted interest rate for the respective fixed term deposit transaction. By signing the Master Contract, the User has accepted the indicated interest rate calculation applicable in case of early withdrawal. The User shall inform the Bank in writing about his/her intention to early withdraw the term deposit, at least two business days prior to the planned early withdrawal date. VII. Using the service and safety 1. The Bank undertakes to apply the technological solution enabling a safe connection between the User s computer/ communication equipment and the Bank s computer/communication equipment and representing standard security conditions in electronic banking. 2. To use the Service, the User shall ensure adequate, timely updated computer (hardware and software) and communication equipment as determined in the techni cal requirements which are published on the Bank s Website. The Bank shall be entitled to unilaterally modify the technical requirements for the Service, which shall be notified to the User by way of the Service. The User accepts the manner of modifica tion of the technical requirements and notification as indicated above. 3. The User shall be liable for all contact information delivered to the Bank and required for proper and secure function ing of the Service and shall update and notify the Bank of any change thereof (e.g. telephone number, mobile phone number, address, notification address etc.). 4. All account balance inquiries, issued payment orders, orders to perform certain financial transactions, orders to take certain actions (e.g. sign contracts) made electronically and authorised by way of the Identification Device and Personalised Security Features shall be considered equal to signed written orders. 5. The User shall keep, for its own safety, the confidentiality of data relevant for the use of the Service, in particular the Personalised Security Features used to activate the Identification Device and use the Service, and keep third parties from accessing the Service. 6. The User shall be unlimitedly responsible for all liabilities arising from the use of the Service under the Authorised Person s User Name. 7. The User undertakes to use the service on a computer equipped at all times with the most recent active version of anti-virus software or other malicious code protection service. 8. When using the Service, the User undertakes to use the Service on a computer where a licensed and supported operating system and other software provided by the end producer is installed. VIII. Rights and responsibilities of the Bank 1. The Bank shall not be required to execute payment orders if: the account(s) of the User have been garnished or frozen by decision of a court or another government authority, data required for proper payment are missing or inaccurate, the account of the User is not sufficiently credited, order execution is prevented by valid statutory regulations, Payment orders are not compliant with internal procedures of the Bank payment orders are not compliant with General Terms & Conditions of Providing Payment Services to Non-Consumers, in other similar cases. 2. If the User has not ensured the funds required to execute the payment order on the date defined for execution or by the deadline determined by the Bank, the order shall not be considered received and the Bank shall not be liable for any loss incurred by the User. 3. The Bank shall not be liable for the loss incurred due to ex ecuted payment orders which contained inaccurate data and/ or executed payment orders issued by unauthorised employees of the User or third parties. 4. The Bank not be liable for data transmission errors. 5. The Bank shall be authorised not to perform order(s) for the User s financial transactions if it should for any reason doubt the authenticity of the Authorised Persons as the instructing party or the accuracy of the order. 6. The Bank reserves the right to verify the authenticity of the Authorised Person as the instructing party or the accuracy of the order by direct contact. 7. The Bank shall forthwith and without delay disable the use of the Service as soon as it receives notice from the User/Authorised Person of any unauthorised use of the Identification Device and Personalised Security Features or unauthorised Service login. 8. The Bank shall disable the use of the Service after five successive attempts to login to the Service with the wrong combination of Identification Device and/or Personalised Security Features. 9. The Bank can reactivate Personalised Security Features or issue new ones and/or reactivate the Identification Device if it has established in direct contact with the User/ Authorised Person that the Service has been disabled as a result of wrong entry of Personalised Security Features. To reactivate 4

5 the Service, the Authorised Person shall submit a Service reactivation request. 10. The Bank reserves the right to disable the Service at any time it should find that the use could cause damage to the User, the Bank or third parties. 11. The Bank shall take all reasonable measures to ensure the availability of direct banking services, but shall bear no liability: in the event that transactions cannot be executed due to the User/Authorised Person s error for loss resulting from delays in data transmission, incor rect or incomplete data transfer or connection interruptions, unless caused by the Bank s gross failure for the unavailability of the Service as a result of technical problems with computer equipment of the Bank and/ or the User, communication channel breakdowns or disturbances, breakdowns of the electric power system or force majeure for the unavailability of the Service due to reasons resulting from force majeure or third-party operation (strikes, wars, unrests, terrorist activities, decisions of public bodies or bodies with public authorities etc.) or disturbances in telecommunications not caused by failure or malfunctioning of the Bank s equipment for the unavailability of the Service caused by deficiencies or failures of the User s equipment for any reason whatsoever for computer (hardware and software) and communica tions equipment used by the User to access the Service in the event of loss or destruction of the User s data and equipment and due to non-banking expenses caused by installation and use of direct banking services for loss caused by non-delivery of information about chang es of personal details required for proper and secure functioning of the Service (e.g. mobile phone number, address, etc.) for loss incurred by the User due to failure to meet obligations and liabilities according to these Terms & Conditions. 12. The Bank shall strive to resolve any technical problems in the operations of the Service as soon as possible. Use of the service by the User shall be partly or completely disabled during regular Service maintenance operations. Regular service maintenance shall take place at times of lowest Service use frequency. IX. Obligations and responsibilities of the User 1. The User/Authorised Person undertakes to: Use the identification device as required by the Instruction, keep it from damage and use it so as to ensure controlled access to the device and secrecy of the Personalised Security Features. Refrain from writing the Personalised Security Features on paper, sending it by electronic or other media or disclose it or make available to third parties. The User/ Authorised Person accepts full responsibility for all obligations and possible loss incurred by the User, the Bank or third parties as a result of using a combination of Identification Device and Personalised Security Features. For Personalised Security Features defined by the User/ Authorised person, select combinations of letters, numbers and characters which cannot be easily disclosed (e.g. refrain from using the same sequence of number, personal names, etc.) and change them periodically. Change Personalised Security Features if they are suspected or found to be known to another person, promptly and without exception notify the police or another body competent for initiating a criminal procedure about any loss or theft of Identification Device, unauthorised use or suspicion of unauthorised use of the Service and promptly notify the Bank about the same facts, request the Service to be blocked by calling the Bank s Contact Centre at Enter accurate information when setting up transactions through the Service and in accordance with the General Terms & Conditions of Providing Payment Services to Non-Consumers and laws and regulations. The User shall bear the risk of entering inaccurate and/or unneces sary information and abuse of the Service. Timely notify the Bank about changes of all personal or other data of the Authorised person which are essential for, affect or could affect the proper and safe use of the Service services by submitting a Data Change Request. Promptly notify the Bank in case of any change of Authorised Person. In case of change of the Authorised Person, the User undertakes not to give the existing Identification Device and corresponding Personalised Security Features to third parties which would continue to use the Service instead of the former Authorised Person before the Bank has registered such change. The User shall bear any risk resulting from non-compliance with this obligation. Behave responsibly and sensibly on the internet by not opening s containing unfamiliar links or malware or allowing the Identification Device/Computer to get infected by malware which can cause financial loss for the User and not opening, forwarding or responding to s which falsely appear to come from the Bank. Implement safety protection measures on devices/ computers used to access the Service and activate malware protection programs and access the Service only from devices that contain no malware. 2. In case of non-compliance with obligations and responsibilities of the User as referred to in the previous paragraph and other provisions of these Terms & Conditions by the User/ Authorised Person, the User shall be considered to have acted with extreme negligence and bear any loss incurred by such behaviour to the full extent. X. Disabling and cancelling the Service 1. Where there is suspicion of abuse, the Bank shall block the access to the Service and notify the User/Authorised Person thereof. 5

6 The Bank shall disable ac cess to the Service and may cancel the Contract if the User should fail to comply with contractual provisions, the General Terms & Conditions of the Business Operations of the Bank and other documents without a notice period. 2. The User may cancel the Service at any time by written notice. The term of notice shall be fifteen days. 3. In the event of cessation of the use of the Service, the User shall return to the Bank all identification devices in impeccable state and all corresponding documents within fifteen days since the date of Service cancellation. 4. The Bank may cancel the use of the Service at any time, in particular if the User has failed to ensure that the account is sufficiently credited or failed to settle contracted fees or perform any other payment or other obligation as defined by the General Terms & Conditions of Providing Payment Services to Non-Consumers and other documents of the bank. 5. In the event of cessation of the use of the Service, the Bank shall be entitled to charge a fee according to the Bank s Decision on Fees to the User. 6. The Bank shall be entitled, if the Uses stops using the Service and has failed to settle due payment obligations, to withhold all funds in the User s accounts held with the Bank and transfer such funds directly to the its own account until full settlement of its due receivables without the need to initiate any court proceeding or other proceeding and without subsequent approval by the User. XI. Protection of personal data and confidentiality 1. Data related to the use of the Service (e.g. per sonal details of the Authorised Person, financial data of the User, etc.) are considered banking secret. The Bank shall use the thus collected data according to valid laws and regulations. The Bank shall keep confidential all data, facts and circumstances available to it about a particular User/Authorised Person. 2. The Bank shall use the Authorised Person s personal data collected ac cording to the Contract exclusively for the purpose of providing the Service. The User and the Authorised Person agree that the Authorised Person s personal data may be entered in documents created for the purpose of reali sation of the rights and obligations arising from the contractual relationship. 3. The Bank shall treat the above data according to its statu tory obligation to keep the secrecy of data learned in business operations with the User, ensuring confidential treatment of such data and full protection of the banking secret by all persons to have access to protected data, and use such data for lawful purposes only and in no other way which could be considered contrary to the interests of the parties. 4. The Bank and the User shall implement high-level security measures to minimise the risk of access to, modification and loss of data. XII. Fees 1. The Bank shall charge fees for the use of the Service by debiting the user s account according to the Bank s Decision on Fees. 2. By signing the Application, the person contracting the Service agrees that the Bank may debit due outstanding liabilities to his/her account without its specific consent and without the obligation to notify him/her in advance. 3. The Bank shall publish all of the abovementioned fees and expenses on its Website. 4. The amount and type of fees and other expenses that may result from the implementation of the Service are defined by the General Terms & Conditions of the Business Operations of the Bank, General Terms & Conditions of Providing Payment Services to Non-Consumers and the Schedule of Charges. XIII. Client complaints 1. The User shall have the right to submit a substantiated written complaint about the functionality of the Service if the User believes that the Bank has not complied with the provisions of this Contract, these Terms & Conditions and other documents referred to in these Terms & Conditions or constituting an integral part of these Terms & Conditions. 2. If the User considers that he was not provided the Service in the way it was contracted and/or within the contracted period, the complaint shall be submitted within the period prescribed by the Bank s docu ments for a certain service, and in case that no such period is prescribed, within 15 days since the day when Service was provided or should have been provided in the User s opinion. 3. The User shall address all complaints or questions regarding the Service to the Service Contract Centre. 4. For the purpose of resolving the complaint, the User shall provide all documents concerning the transaction, order or other activity performed by way of the Service referred to in the complaint. XIV. Amendments to the Terms & Conditions 1. The Bank shall inform the User about the amend ments to these Terms & Conditions at least 15 days prior to the effective date of such amendments by letter, account balance statement, other durable data carrier, through electronic channel or on the Bank Website. 2. If the User does not deliver to the Bank a written notice on non-acceptance before the proposed effective date of the amendments to the Terms & Conditions, the User shall be considered to have consented to the proposed amendments. 3. A User who does not accept the proposed amendments to the Terms & Conditions can cancel the Contract before the effective date of the amendments. 4. In case the User has notified the Bank on his non-acceptance of the proposed amendments to the Terms & Conditions, but has not cancelled the Contract, the Contract shall be 6

7 regarded as cancelled by the Bank with a term of notice of 15 days starting from the day on which the User was informed on the amendments to the Terms & Conditions. XV. Final provisions 1. The Terms & Conditions of Using SmartBizz Online Banking Services are an integral part of the Application and the User accepts the direct application of provisions of General Terms & Conditions of Providing Payment Services to Non-Consumers and General Terms & Conditions of the Business Operations of the Bank. 2. In case of disputes between the Bank on one side and the person having contracted the Service on the other side, the court in Split shall have jurisdiction. 3. For any disputes arising from this contractual relationship entered into between the Bank and a User considered to be a non-resident under relevant regulations, the Croatian courts shall have exclusive jurisdiction, according to the previous provision about the contracted local jurisdiction. 4. The provisions of these Terms & Conditions shall come into effect on 3 April 2017 and shall apply to all users of SmartBizz. Terms & Conditions of Using Banking Services via SmartOffice of 6 June 2016 shall be valid for SmartOffice users until they have switched to SmartBizz, at which time the Smart Office service and corresponding Terms & Conditions shall cease to be valid. 5. On 30 May 2017, the corporate name and registered office of the Bank were harmonized with the new corporate name and registered office. 7