Heading of employee and Bank Stamp GENERAL CONDITIONS REF: IBCI

Transcription

1 A. General 1. This document sets out the general contractual clauses applicable to all contracts for (i) opening current accounts (ii) cheque agreements (iii) electronic debit cards (iv) term investments (v) authorisations to debit current accounts and (vi) current account overdrafts, (vii) e-banking agreements entered into between customers and Banco Comercial e de Investimentos, SA (BCI), headquartered at Avenida 25 de Setembro 1465, Prédio John Orr s, Maputo, hereinafter referred to as BCI or the bank. 2. For the purposes of these general conditions, accountholders or customers are understood to be the singular or collective persons identified on the personal application form used to open an account and who are parties to the contractual relationship entered into with BCI, hereinafter referred to as accountholders or customers. 3. The signatures on the signature sheets are, except for any instructions to the contrary, valid for all accounts, products and services subscribed for. 4. Accountholders undertake to inform BCI, in writing, of all changes to the data supplied to the bank and undertake to deliver, when appropriate, a copy of the document in which any change has been made. 5. Customers undertake to immediately inform BCI, in the form of a written, duly signed document, of any situation of incapacity or potential incapacity (namely, interdiction or declaration of legal incompetence). 6. Mandates, powers of attorney or instructions in the form of a public or private instrument with or without a defined expiry period, registered with BCI, shall only be deemed revoked or cancelled, in compliance with legal formalities, for all purposes and effects, from the date upon which the respective written communication has been received, with the bank, in the absence thereof, being exempt from any liability. 7. Accountholders undertake to keep sufficient funds in their accounts to make payment of any commitments to BCI, third parties or when deriving from any legal dispositions. 8. Accountholders are civilly and criminally liable for any misuse of information provided by BCI. 9. Accounts in the name of minors must be represented by a competent legal representative. When minors come of age or are emancipated, BCI should be notified and a new personal application form for products and services filled in, in addition to the personal factsheet setting out the new conditions attached to the account, under penalty of BCI s continuing to apply the rules set out in this contract. 10. Legal effectiveness ACCOUNTHOLDERS ARE HEREBY NOTIFIED THAT: 10.1 The relationships between customers and the bank shall be regulated by these general conditions, specific conditions attached to each product or operation and, subsidiarily, the "general account conditions" The bank reserves the right, at any time, to propose changes to these general conditions and shall request customers consent thereto within a reasonable period of time, with such changes considered accepted if customers do not reply within the respective time period The consultations made under the terms of number 11.2 below are presumed to have been made by customers, with the bank forthwith declining any liability deriving from the misuse or fraudulent use of the information set out in the account Orders issued by customers and executed by the bank using the means provided under this contract, shall be fully effective in legal terms and customers may not allege the nonexistence of a signature for the execution of the obligations deriving from such orders These general conditions shall remain in force indefinitely Any of the parties may, at any time, cancel or annul any of the products or services included in this document, provided that they communicate their intention to the counterparty in respect of the intended rescission date The rescission shall be effective on the specified date, without prejudice to the execution of operations in progress which cannot be annulled and may, always at BCI s discretion, entail (i) the cancellation of the current and all associated accounts (ii) cancellation of all of the means of payment supplied, (iii) the immediate settlement of any negative balances on the current and associated accounts (including outstanding balances resulting from loans made by BCI and any penalties inherent to early disbursements relating to such operations or other operations contracted for with BCI), and (iv) the early redemption of any term deposits Accountholders shall be liable for all costs/charges payable on account of the rescission of these general conditions, notably including early withdrawal fees and the costs of contractually agreed transfers or under the terms of BCI s current price list. 11. Data use 11.1 Customers expressly authorise the bank to process the data supplied by computer, in addition to cross-referencing such information with the other information provided by them to the bank, owing to the opening of accounts or the entering into of any contracts, without prejudice to compliance with banking secrecy laws. meticais) Page 1 / 8

2 11.2 Customers forthwith authorise the bank, in the sphere of the agreements entered into between the bank and the government institutions of other countries, to provide upon a written request from the referred to institutions, information on customers from the countries in question, namely for fiscal purposes and for assessing the income earned by the customers Customers forthwith authorise the bank to share customers banking information with the banks of other countries which have an equity stake in the bank, namely for prudential supervision and compliance purposes Customers are entitled to access the information on them, request such information to be updated and/or rectified, in addition to requesting their names to be deleted from the pertinent banking records after this contract has been extinguished. 12. Modification of data 12.1 Customers undertake to inform the bank of any change of address or any other data which have been previously transmitted by customers to the bank. 13. Information 13.1 The written communications addressed by BCI to accountholders shall always be sent to the addresses set out in the specific conditions, with such communications being presumed to have been received, unless proved to the contrary, on the day following their registration date or the first following weekday Customers undertake to notify the bank of any change of address or any other data which have been previously transmitted by customers to the bank The information supplied by customers to BCI shall be processed by computer and is for the exclusive use of BCI s services. BCI undertakes to respect and protect the confidentiality of all information on customers it may obtain on the basis of the application of these general conditions and undertakes to observe, as set out by law, the strictest banking secrecy relative to such information The data may be supplied to the judicial or administrative authorities, in cases in which the provision of such information is mandatory. BCI is authorised to compile additional information, albeit indirectly, namely from the bank of Mozambique s Centralised Credit Risk Service for updating or complementing such data No claim may be made against BCI in the case of falsity or any error/lapse contained in any elements, documents or information provided or delivered to BCI by customers or any persons acting on their behalf or representing them nor shall BCI be held liable for damages deriving from such falsity, error/lapse, particularly the acceptance and use of the elements or documents transmitted or information provided All informational material supplied by BCI to customers, in addition to all component parts of BCI s service, including the graphical design of its internet page and logos, domains and brands, are BCI s intellectual property and shall be exclusively used for their intended purposes with any copying, modification, adaptation, correction and use for public disclosure accordingly being prohibited. 14. Liabilities 14.1 BCI shall not be liable for any damages or losses resulting from interferences, interruptions, disconnections or other anomalies, namely as a consequence of faults, overloads or other eventualities, without prejudice to being able to correct and value date credit and debit movements in the current account in question when shown to be wrong or incorrect, in order to restore the correctness of such transactions BCI shall not be liable for any damages resulting from the use of mail services, telephone, fax, SWIFT or any other means of transmission or transport, namely those resulting from losses, delays or misunderstandings BCI shall not execute customers orders when it suspects that they are related with unlawful operations, namely, the crime of money laundering and shall, as set out at law, communicate its referred to suspicions to the competent authorities. 15. Bank s special rights 15.1 BCI reserves the right to offset any amounts owed to it by customers by any of the accountholders credit in the bank, even in other accounts, independently of lawful netting operations BCI reserves the right to change interest rates, fees and other charges applicable to the service provided, namely if so imposed by directives issued by the monetary authorities or changes in the conditions of money and financial markets The failure to exercise or late of partial exercising of any of BCI s rights, under the law, these general conditions or any additional stipulations agreed between BCI and customers, does not signify that such rights have been forfeited nor does it preclude the latter exercising thereof, nor a moratorium on or novation of any debts. 16. Complaints 16.1 BCI has a service for dealing with complaints, requests for information and suggestions under the terms prescribed by the Bank of Mozambique Any complaints regarding the performance of operations in the sphere of the service should be addressed to the bank within a maximum period of 15 (fifteen) days from the date of the occurrence of the fact upon which the complaint is based, under penalty of expiry. meticais) Page 2 / 8

3 16.3 Complaints, requests for information or suggestions shall be processed by BCI within the lawfully defined periods. 17. Final conditions 17.1 Without prejudice to its continued liability to accountholders, BCI is expressly authorised to subcontract the provision of one or more of its services to third parties The general conditions are governed by the law and jurisdiction of the Republic of Mozambique. The Judicial Court of the City of Maputo shall be exclusively competent to rule on any dispute arising from these general conditions, with the express exclusion of any other. B. Current accounts 18. Type of account: a) Individual: an account in the name of a sole accountholder, used or closed solely by its account holder; b) Collective: an account in the name of more than one person, used or closed by any of its accountholders, either severally or jointly, with co-ownership rules being applied. c) Joint: an account in the name of more than one person, used or closed by the titleholders in conjunction; d) Mixed: an account in the name of more than one person, used or closed by some of the accountholders, without prejudice to the existence of an accountholder or accountholders who may use the account severally 19. The inclusion of an additional co-account holder or the relinquishment of accountholder status to the current account by one of the current co-accountholders requires either a written request from all co-accountholders or solely the author of the relinquishment, respectively. 20. Debit movements to accounts presuppose the existence (i) of sufficient funding for the purpose and (ii) the issue of a validly issued order by accountholders or their duly authorised representative to BCI. 21. Current accounts may be used by any of the means acceptable to BCI, in accordance with the internal regulations in force, namely: cheques, debit and credit cards, bank transfers, pre-authorised debits and the payment of services. 22. With the exception of cash deposits, any other deposits in the account are only effective after collection, whose period shall, for the purpose be the clearing period established in the regulations of the Bank of Mozambique s Clearing House. 23. The bank may cancel any amounts credited to the account if any irregularities or anomalies related with the respective securities or amounts are latterly found. Customers undertake to comply with the average provisioning maintenance levels currently in force at any time within the bank. Failure to comply with the referred to minimum balances may entail closure of the account and non-payment of interest. 24. The supply and use of current accounts is subject to BCI s current price list. 25. Interest is counted daily on current accounts credit balances and calculated on a 365 (three hundred and sixty five) day basis and credited at the end of each month, with BCI, at any time, being entitled to change the frequency, interest rates or other conditions, without advance notice. 26. If any contradictory orders issued by any collective accountholders are received, BCI reserves the right to execute the first eligible order received or, alternatively, refuse to execute such orders without the written confirmation of all accountholders. 27. BCI may cancel the current account, at any time, whenever it has good cause, notifying the customers thereof, with a minimum advance notice of 15 (fifteen) days. The bank will provide customers, upon request, with statements of their current accounts. C. Cheque agreement 28. Cheques are cash payment orders, issued to the bank in the form of a credit document the cheque itself which operates as a payment instrument and which, as such, circulates in conformity with the dispositions of the Cheque Law, in addition to its respective regulations and other legislation and applicable regulation. 29. Cheques are the property of BCI and are personalised in the name of singular and/or collective persons, with customers undertaking to return any cheques in their possession to BCI, whenever requested by the bank. 30. Cheque books are issued on the presentation of a written request from accountholders, using the means supplied by BCI for the purpose, in which the cheque agreement is considered to have been entered into after BCI has agreed to issue the cheques. 31. BCI reserves the right to accept or refuse to enter into a cheque agreement or limit the number of chequebooks to be issued to customers. 32. Minors accounts are not entitled to use cheques. 33. Accountholders are liable for the safekeeping and good use of the chequebooks supplied to them by BCI and accept liability for any misplacement, theft or improper use of cheques, if they fail to promptly notify BCI, in writing of such misplacement, theft or improper use, accordingly preventing BCI from avoiding the use of the referred to cheques for payments. 34. After an account has been closed at the initiative of customers or at BCI s request, accountholders undertake, at the same time, to return all unused cheques, without any obligation on BCI s part to reimburse the cost of the issue of cheques paid by customers with BCI not being liable for the consequences of any failure to comply with this obligation. meticais) Page 3 / 8

4 35. BCI is entitled to destroy any personalised cheques which have not been claimed within a period of 6 (six) months, in addition to microfilmed cheques which have been settled and not claimed within the legal period. 36. If customers write cheques which are returned owing to a lack of or insufficient funding, the bank shall notify the customers requesting them to remedy the situation within a respective period of 10 (ten) days starting from the date of the referred to notification, which shall also set out the consequences of a failure to remedy the situation. 37. Cheques shall only be considered settled if one of the following conditions is met within the lawfully defined period: a) The cheque is resubmitted and paid; b) The issuer of the cheque proves that it has paid the bearer the respective amount; c) The issuer of the cheque has provisioned the respective account with the necessary funds, allocating such funds for 30 (thirty) days to the settlement of such a cheque. 38. Failure to comply with the dispositions of the preceding clause obliges the bank to unilaterally rescind the cheque agreement, which rescission shall affect all of the accounts to which the accountholder is a party. 39. During the period of the rescission, accounts may be operated by counter cheques, certified cheques and noncertified cheques for cash withdrawals. 40. In the event of a first rescission of the Agreement, accountholders will be included by the Bank of Mozambique to which the event must be communicated by BCI, on the List of Issuers of Dishonoured Cheques, without the possibility of a new Cheque Agreement being entered into within a period of 6 (six) months from the date of the occurrence of the rescission. 41. In the event of two consecutive rescissions of the Agreement, accountholders will be included by the Bank of Mozambique on a list of users at risk, which shall be communicated to the whole of the national banking system, with customers not being allowed to enter into a new cheque agreement with any credit institution for a minimum period of 2 (two) years. 42. Customers shall be held criminally liable for any misuse of cheques. D. Debit cards 43. a) BCI s Visa Electron debit card is a means of payment which is valid on the VISA network and allows cardholders to purchase goods or services at any of the said network s member establishments in addition to making cash withdrawals from ATMs on the same network. The card can also be used on the PONTO 24 network. b) Debit cards are a means of payment enabling the use of a current account, whose transactions are validated by entering a PIN (personal identification number) and/or a signature (in line with the rules and conditions accepted by the POS point of sale terminals on which they are used). c) Debit cards enable purchases, withdrawals, payment of services and other operations to be made on Ponto 24 Network ATMs, in Mozambique, abroad, withdrawals from ATMs and purchases using POS terminals associated with the Visa network. 44. The cards are issued in the name of a singular person, hereinafter referred to as the cardholder, whose name is engraved on the card; Cardholders undertake to inform BCI of any circumstances affecting their capacity to fulfil the dispositions of this contract; 45. Cards are personal and non-transmissible and therefore for their cardholders exclusive use. BCI, although entitled to do so is under no obligation to examine or control who uses the card; BCI shall apply the price list in force in the bank for its issue of cards and for each year of the application of this contract; 46. Debit cards are the property of BCI, which may request their return, for reasons of security or in other cases provided for in these conditions and the law, owing to the closure of the current account or the death, interdiction or declaration of legal incompetence of cardholders and/or when customers make inappropriate and/or inadequate use thereof. 47. Cardholders undertake (i) to sign the card immediately upon receipt, even if they do not intend to use it immediately, (ii) not to disclose their PIN (personal identification number) to any third parties, in addition to taking the necessary steps to ensure the security of the card and prevent its use by third parties and shall assume full liability for any damages resulting from any access to and misuse or fraudulent use of the card as a consequence of any infringement, even if negligent, of such an obligation. 48. ATM fund transfers to cardholders or third parties accounts shall be made at the responsibility of cardholders who must ensure that they have correctly entered the elements identifying the account to which they wish to transfer the funds, in addition to the respective amount. 49. In the event of the loss, theft, robbery or fraudulent use of the card, customers must immediately request the card s cancellation using the BCI DIRECTO hotline on 1224/ / , in addition to notifying BCI of the fact, in writing, within a maximum period of 72 (seventy two) hours as well as filing a complaint with the police and sending a copy of the referred to complaint form to the bank within the subsequent 10 (ten) days. 50. Following the notification under the terms of the preceding article, the mechanisms necessary to prevent the misuse and fraudulent use of the card will be activated, with customers meticais) Page 4 / 8

5 being liable for payment to BCI of all expenses incurred to prevent the card from being used by third parties. 51. BCI shall be fully liable for any movements made after the communication has been shown to have been made under the terms of the preceding article and shall not, in this case, apply any excess. 52. Cardholders may not request BCI to revoke any order legitimately issued by them when using the card. 53. Without prejudice to adopting any measures considered to be convenient, BCI may not, under any circumstances, be held liable for the eventual impossibility of using cash machines or POS terminals, non-acceptance of the card at any establishment, customer service inadequacies or when equipment or data transmission networks are not operational, nor for the poor quality of the goods and/or services obtained by the use of the referred to card or any other incidents deriving from the relationship between cardholders and the establishment or owner of the POS terminal. 54. BCI cannot be held liable for technical limitations or refusals to accept the card abroad, namely resulting neither from locally established regulations and limits, nor for any local charges or fees of any kind and cardholders should therefore make enquiries in advance on the respective conditions governing the use of the card. 55. Any complaint over a movement made with the card made by cardholders should be submitted to BCI within the shortest possible space of time and be accompanied by copies of bills/invoices or other receipts in cardholders names. 56. Debit transactions (i) are entered directly in the current account (ii) shall be value-dated on the day upon which the operation was performed and (iii) are limited by the balance available on the referred to account, in addition to the daily limits attached to the product either using POS and/or ATM channels. 57. In the case of the misuse of the card, BCI may cancel the card and demand its immediate return, rescinding this contract without any advance notice within its period of validity. The burden of proving the misuse of the card by cardholders is exclusively BCI s. 58. In other situations, BCI may cancel the card within the period and cancel this contract, provided that it informs cardholders of its intention with an advance notice of 7 (seven) days prior to the date upon which it intends to process the cancellation. Following the period of the referred to advance notice, BCI is authorised to prevent the use of the card with cardholders continuing to be liable for all uses made of the card, until it has been received by BCI. 59. Cardholders are entitled to rescind this contract within a period of 7 (seven) days from the respective subscription date, in the form of a registered letter sent with recorded delivery, addressed to BCI, without any costs/charges, except when deriving from the fulfilment of fiscal obligations. 60. The expiry period shall be engraved on the cards (usually two (2) years) which may not be used after the last day of the month therein mentioned. The bank may arrange for the card s automatic renewal, provided that no objections are raised by cardholders within the 30 (thirty) days preceding the respective expiry date. E. Term investment 61. Term investments are governed by these special term investment conditions, specific term deposit conditions and other applicable legislation. 62. Term investments are made for the period and other terms set out in the specific conditions agreed to for the purpose between customers and BCI. 63. a) Interest is credited on a 365 (three hundred and sixty five days) basis, at the mutually agreed interest rate and maturity. b) Interest is credited to the term deposit account (compound) or current account within the agreed periods. 64. Accountholders may opt for the automatic renewal of term investments on their maturity date for the same period and pursuant to the conditions in force, except for one of the following situations: (i) When the conditions attached to the product do not permit the renewal of the investment (ii) the term deposit will be liquidated together with other liabilities to BCI, in which case the amount of the investment shall be credited to the current account. 65. Early withdrawals of term deposits prior to maturity are not permitted for as long as there are any outstanding, unpaid liabilities to BCI with BCI being entitled to make withdrawals to settle the referred to liabilities (netting). 66. Early withdrawals imply a penalty on the respective interest and/or capital, in accordance with the conditions established by BCI, at any time. 67. BCI does not accept any liability for any losses on returns on the investment in question, namely on account of any change of the fiscal regulations applicable thereon. 68. If the term deposit is used as a collateral guarantee or if secured as a guarantee of any credit operation, BCI has the right to mobilise the term deposit to provide for liabilities guaranteed by it, with the same right being applicable in the event of compliance with a legal order. meticais) Page 5 / 8

6 F. Authorisation to debit current accounts 69. Accountholders authorise BCI to debit the current account for the amounts of fees, taxes and any charges or expenses inherent to the deposit agreement and services provided, in accordance with BCI s current price list. 70. If the balance on a current account is insufficient for the debiting of transactions such as (i) the payment of a cheque, (ii) a transfer order (iii) the settling of liabilities to BCI, the latter is authorised to debit the amount plus respective interest, surcharge and stamp duty to any other deposit account with BCI in a customer s name. 71. In the event of insufficient funds in any of the accountholders other deposit accounts and if BCI decides to authorise the payment when the account does not have an associated overdraft or when it exceeds the final balance of the said limit, accountholders undertake to settle the overdraft originated by the debit, on the same day or a date to be specified by BCI, up until the scheduled closing time of banking establishments. 72. For operational reasons and on non-weekdays, amounts may be debited on a different date from the one on which the operation effectively took place, with the possibility of the occurrence of the former prior to the latter; as an alternative, BCI reserves the right not to execute debit instructions, notwithstanding the type of operation, with accountholders being liable for the respective legal implications. G. Unauthorised current account overdrafts 73. Interest shall be charged on overdrafts which remain unsettled within the period referred to in clause 65 at BCI s highest lending rate, plus the current legally permitted surcharge or any other in lieu thereof, applicable fees and stamp duty, up until the time of settlement of the overdraft, which amounts may be debited at any time without the need for any interpellation. 74. If the account is not provisioned within the period indicated for the purpose, BCI reserves the right (i) to request accountholders to provide a guarantee in the form of a blank promissory note, (ii) to retain possession of the documents originating the overdraft and furthermore (iii) to exercise all rights therefrom deriving against the accountholders. 75. In the case of current account overdrafts accountholders expressly authorise BCI to (i) liquidate any of their investments associated with the current account and/or offset any outstanding balances in the current account with credit balances in any other bank account, including term deposits, in their name with BCI. For the purposes of these general conditions, the meaning of the following words is set out below: a) ACCOUNT: the account with the bank in a customer s name. b) SERVICE signifies a customer s possibility of having a banking relationship through access to remote channels, providing them by such means with (i) access to information on balances, account movements and any of the products and services provided by the bank, (ii) the performance of transfer orders, purchases, sales, subscriptions for or redemptions of products or services supplied, (iii) the performance of operations by sending files for direct debit, namely, in the case of collective persons for the payment of salaries/wages, (iv) the issue of instructions for the cancellation of the whole of the service or, severally, any kind of access and/or service provided by the bank to customers, including operations in the sphere thereof. c) ACCESS CODES a combination of User ID, password and confirmation code supplied by the bank to customers when subscribing for the service. d) USER ID CODE a unique, personal, non-transmissible customer user name enabling customers to access the service. e) PASSWORD a unique, personal, non-transmissible code defined by the bank when the service is subscribed for and which should be changed by customers after they access the service for the first time and replaced by another of their choice. f) CONFIRMATION CODE a unique, personal, nontransmissible code, required to enable customers to perform certain transactions using the service and which should preferably be changed by customers to another of their choice. 77. Object 77.1 In subscribing for the service, customers enjoy remote access to all accounts to which they are a sole or joint/collective party, in accordance with the respective specific conditions governing their use and may perform all operations which are included in the service In the case of collective persons, access will encompass all of the entity s accounts, in accordance with the conditions governing their use as set out in the bank s customer database. 78. Conditions governing the use of the service 78.1 Customers may, at any time, change the accounts to which they enjoy access, as well as the type of operations they wish to use on the service Customers authorise the bank to fill in and validate all documents necessary for the effective performance and settlement of the operations using the service. H. e-banking 76. Definitions: meticais) Page 6 / 8

7 78.3 Notwithstanding any other rules which may be defined in the future of which customers shall be opportunely informed, a customer s identification for access to the service is processed by their indication of a User ID in addition to a password defined by the bank at the time of subscription, which must be changed by customers when accessing the service for the first time The bank may also, at any time, condition the performance of operations using the service to the obligation for customers to use the confirmation code which should also be regularly changed by customers The bank may: a) Refuse to execute orders when customers validation data are not correctly supplied; b) Refuse to execute orders when there are any reasonable doubts over the identity of the person issuing the order; c) Refuse to execute orders after a number of unsuccessful attempts have been made, as defined by the bank; d) Block or impose limitations on the performance of certain types of operations using the service, whenever this is imposed or recommended on the basis of the application of legal dispositions in force in Mozambique. 79. Suspension of service 79.1 The bank reserves the right to suspend or terminate customers access to the service whenever: a) Justified for considered security reasons; b) Customers misuse the service, namely when attempts are made or operations performed in breach of the rules of this contract, the general conditions governing the account and/or legislation applicable in Mozambique; c) Customers do not use the service within thirty days of subscribing for the service If access to the service is suspended under the terms of the dispositions of sub-paragraph c) of the preceding number, customers may request its activation or reactivation, as appropriate, by submitting a request to the bank. 80. Confidentiality 80.1 The bank undertakes to keep the secret codes allocated to customers strictly confidential Customers undertake not to disclose the access codes allocated to them by the bank when subscribing for the service to third parties Customers are liable for the security, adequate use and safeguarding of the secrecy of the access codes and shall be liable for all losses resulting from the use of the services by third parties who have been provided with the referred to access codes by customers, either wilfully or based on the improper use thereof by customers. 81. Liability 81.1 Under no circumstances shall the bank be liable for any losses deriving from: a) Transmission error, technical deficiencies, interferences or disconnections occurring from the use and within the sphere of the communication systems used for the provision of the service; b) Customers failures to provide information on changes to their data, whether an individual customer or a corporate person, nor the misuse or fraudulent use of the service s facilities by third parties; c) Any facts or circumstances beyond the bank s control capacities; d) Any facts or circumstances which have not been deliberately caused by the bank or which are due to the bank s negligence Customers shall be liable to the bank for any damages or losses caused by the improper use of this product and/or any breach of these contractual conditions Customers shall also be liable for all expenses and other costs incurred by the bank to recover the amounts owed to it, including legal costs and lawyers and solicitors fees. 82. Loss, robbery or misplacement 82.1 Customers must immediately notify the bank of any loss, robbery or misplacement of access codes, by letter, fax, telephone, or in person and may request the bank to supply new access codes, which the bank shall not refuse, unless it has good reason for doing so The bank shall only be liable for any losses after receiving the written communication on the referred to occurrence. 83 Costs 83.1 Notwithstanding the costs associated with the means of communication used, the bank may define a price for the service, as set out on its current price list Customers hereby authorise the bank to debit their account for the costs mentioned in the preceding number The bank may, at any time, change the price charged for the service, notifying customers of such a change 30 (thirty) days in advance of the date upon which the new price is due to come into effect. 84. Confirmation of transactions 84.1 The performance of the operations using the service is confirmed by the bank on its customers statements of current account Customers may request specific confirmation of a transaction, with the bank reserving the right to charge a fee for the said purpose, in accordance with its current price list. 85. Authorisations meticais) Page 7 / 8

8 Customers irrevocably authorise the bank, at its discretion: a) not to execute orders when customers validation data are not correctly supplied; b) not to execute orders when there are any reasonable doubts over the identity of the person issuing the order; c) not to execute orders after a number of unsuccessful attempts have been made, as defined by the bank; d) to request accountholders that orders relating to any unusual movements vis-à-vis their standard customer profile, be given in writing; e) To cancel access to the service whenever there are grounded suspicions of the improper use of the access codes allocated to customers. 86. Modification of data. In the case of customers which are collective persons, the bank must be notified of any changes to their respective articles of association and/or conditions governing the use of accounts using the address ebanking@bci.co.mz prior to the obligatory delivery of such documents setting out the respective changes to the branch with which the account is domiciled, with the bank, in such a case, being immediately authorised to temporarily suspend the service. The communication referred to in this disposition should be made during the bank s normal office hours and shall only be effective 3 (three) weekdays after the relevant documentation has been received by the branch with which the account is domiciled. 87. Financial information 87.1 The bank cannot be held liable if the supply of any data is occasionally incorrect or for any misperception, interpretation or use of the financial information supplied by the bank in its use of the service, namely, prices, indices, news, studies or others The information supplied by the bank is the bank s property and customers undertake not to transmit or copy such information. 88. Duration. The service shall be for an indeterminate period of time and may be terminated by any of the parties in the form of a simple written communication addressed to the other party, provided that the sending thereof has been duly confirmed. I (we) declare that I (we) acknowledged and will observe the limits imposed by the Central Bank of Mozambique, in the context of payments made using international bank cards outside Mozambique meticais) Page 8 / 8