These General Terms and Conditions apply to all transactions “agreements” concerning accounts between the Customer and the Bank as long as the transaction or [agreement] is not explicitly regulated in other terms and conditions applicable to particular transactions or [agreements] or services provided by the Bank.
1.1 Definition In these General Terms and Conditions:
a.
"Affiliate" means any person, any entity that is controlled directly or indirectly by that person, any entity that controls that person directly or indirectly, or any entity that is directly or indirectly under the general control of that person. For this purpose, "control" over any body or person means the majority ownership of the voting rights held by that body or person.
b.
"Related Entity" means any subsidiary, affiliate, head office, or branches other than the Bank.
c.
"Bank" means PT Bank Sahabat Sampoerna, which has agreed with the Customer to be bound by these General Terms and Conditions.
d.
"Business Day" means a working day other than Saturday, Sunday, or official holiday, in which the Bank is open to carry out operational activities.
e.
"Liability" means all obligations and responsibilities of the Customer towards the Bank and/ or current or future Related Entities (either conditionally or unconditionally).
f.
"Communication" means any notice, order, instruction, or other communication between the Customer and the Bank
g.
"LPS" means the Indonesia Deposit Insurance Corporation.
h.
"Report" means any statement, confirmation, notification, document, or record (whether in writing or electronic) provided by the Bank to the Customer. "Customer" means the Bank's Customer, including the Authorized Signatories, who have agreed to be bound by the General Terms and Conditions.
i.
"Authorized Signatories" means any person or entity (either individually or jointly) authorized to operate the Account, make agreements or transactions with the Bank, or communicate on behalf of the Customer. General Terms and Conditions.
j.
"Account" is each Customer's account at the Bank.
2.1
The Customer will provide the Bank with all information, authorization, or other documents, as deemed necessary by the Bank, including information required to comply with all applicable laws and regulations relating to the opening and holding of an Account, including but not limited to providing a sample signature of each Authorized Signatory. Account Opening will only take effect if the Bank has approved it.
2.2
The Bank determines the first deposit amount for Account opening and subsequent deposit following the type of Account opened by the Customer.
2.3
Incoming money transfers, deposits by cheque, Bank Giro credit slip, Money order, and the like will be credited to the Account after the Bank effectively receives the funds
2.4
The Customer must immediately notify and provide in writing to the Bank regarding any changes to the Customer's information or data, including:
a.
name or address;
b.
the authority of the Authorized Signatory even though the amendments have been recorded in a public register; or
c.
any information, authority, or document the Customer provides under Clause 2.1. 2.1.
2.5
Such changes will only take effect if accepted and/or approved by the Bank following the procedures as notified by the Bank, including requests for additional supporting documents for the validation process.
2.6
Starting from the submission of the notification until the Bank receives the notice of the change, the Bank has the right to continue to use the information, authority, or documents previously given to it, and the Bank is not responsible for any consequences arising from the Customer's failure to update it.
2.7
The Customer confirms that the Authorized Signatories are authorized to represent the Customer for all transactions related to the Customer's Account and services from the Bank. Unless otherwise stated in writing, the Bank is authorized to rely on any signed Communication following the relevant signature sample card. Suppose the Bank considers that the signature follows the sample signature of the Customer or the Authorized Signer, however, later it is proven to be a forgery or is rejected by the Customer, in that case, the Customer releases the Bank from lawsuits or other legal claims. The list of sample signatures stored with the Bank remains valid until the Bank has received and/ or approved written notification of the change from the Customer.
2.8
The Customer authorizes the Bank to open further Accounts on behalf of the Customer at any time and if deemed necessary by the Bank to fulfill any Communication from the Customer. The account must be opened based on the same terms and conditions and is subject to the same signing authority as the Customer's other Account with the Bank.
3.1
Any Communication from the Bank to the Customer is deemed to have been made or sent to the Customer appropriately if it is delivered to the Customer in one or more following ways (at the Bank's option):
a.
By direct delivery or by post or courier to the last known address based on information held by the Bank or at the Customer's official office or the Customer's primary place of business, and will be valid and deemed to have been received by the Customer, if received in person at the time of delivery or, if sent by post or courier to an address in Indonesia, on the Business Day after the date of delivery or delivery to a courier agent or in the case of an address outside Indonesia, on the third Business Day after and excluding the date of delivery or delivery to a courier agent; or
b.
To the Customer's email address notified to the Bank and will be effective on the date and time of delivery via the mail server operated by the Bank and/ or its service provider unless the Bank receives a non-delivery message or a "returned mail" or a message indicating that the email failed to be sent to the Customer's mailbox
3.2
The Customer must ensure that all Communications to the Bank are clear, complete, and correct, mention the relevant Account, be addressed to the specific recipient, and will only take effect upon receipt by the Bank. Suppose the Communication is unclear or the Bank receives a conflicting Communication. In that case, the Bank may choose not to act on the Communication unless the ambiguity or conflict is resolved following the Bank's wishes, or the Bank may act on the Communication as the Bank deems appropriate. The Customer releases the Bank from any claims, demands, or lawsuits as a result of the Bank's actions or the Bank's inaction on unclear and/ or conflicting Communications.
3.3
Unless the Bank agrees otherwise, at its sole discretion and subject to such provisions as may be imposed by the Bank, all Communications by the Customer to the Bank must be made in writing in a form approved by the Bank and affixed with the signature(s) of the Customer or an Authorized Signatory following the sample signature card stored in the Bank's records.
3.4
The Bank, in its sole discretion, is authorized to enforce any Communications made by the Customer to the Bank by telephone, facsimile, or other forms of communication. The Bank may act on such Communications without investigating the authority or identity of the person who made or intends to provide such communication or its authenticity, regardless of the prevailing circumstances, the type of transaction, or the amount of money involved, and without questioning any error, misunderstanding, fraud, forgery or lack of clarity in the contents of the Communication or even if the initial communication is not followed by the original of the signed Communication or confirmation of the Communication.
3.5
The Customer agrees that the Customer will bear all risks arising from any telephone, facsimile, and other forms of communication with the Bank, including those resulting from delivery errors, power failures, fraud, forgery, misunderstanding, or errors by the Bank regarding the Customer's identity or the identity of the Authorized Signatories from the Customer.
3.6
For the Customer's benefit, the Customer may block and close the Account by applying blocking at any branches and a request for closure at the branch where the Customer opened the Account.
3.7
For an Account that has been blocked, the Customer may unblock the Account by submitting a written request to the branch where the Account was opened to open the blocking. The Bank has full authority not to unlock the block should the Bank not be confident in the application after verification by the Bank.
3.8
Any account closed during the lottery period will not be included in any draw held by the Bank (if any).
3.9
If the Account is blocked by the Bank or by the police, or by order of a court or other competent authority, including the tax office, the Customer releases the Bank from any claims, demands, or lawsuits related to the consequences arising from non-fulfillment of Customer Communications including termination of services to the Account temporarily.
3.10
The Bank may, at its discretion or following applicable laws and regulations, refuse to fulfill any Communication, block or temporarily stop the Account's service, and the Bank is under no obligation to assess any Communication carefully. Suppose the Bank determines that the Customer’s Communications or other circumstances may cause the Bank to suffer losses and incur costs. In that case, the Bank may temporarily suspend the operation of any or all Customer’s Accounts and/ or request compensation from the Customer before continuing to operate the Account or carry out Customer’s Communications.
3.11
Banks may only perform Customer Communications during banking hours as determined by the Bank from time to time, on Business Days. Any Communications given after the specified time will be executed on the following Business Day.
3.12
The Bank (or its designee) may record any Communication with the Customer or the Customer's Authorized Signatories without notification to or permission from the Customer. The Customer agrees that the recording will bind them and agrees not to refuse its submission as evidence in court.
3.13
The Customer agrees, irrevocably and without any conditions, to indemnify and hold harmless the Bank and its employees and the Bank's designated parties from any and all actions, claims or demands, legal proceedings, losses, liabilities, costs, and expenses (including fees and legal expenses based on total compensation) issued or experienced by the Bank directly or indirectly as a result of actions taken on Communications given by telephone, facsimile or other forms of communication which, according to the Bank, have been provided by or on behalf of the Customer and agree to execute and ratify any contracts entered into or actions taken by the Bank as a result of such Communications.
4.1
The Customer is obliged to do the following:
a.
imediately check all Reports; and
b.
check whether the Communication provided by or on behalf of the Customer has been carried out correctly and in full by the Bank and must notify the Bank of any errors or omissions immediately.
4.2
If the Customer does not notify the Bank in writing of any errors or omissions found in any Report, or the execution of any Communication, within 14 (fourteen) days from the date on which the Customer is deemed to have received the relevant report per the provisions under Clause 3, the Customer will be considered to have:
a.
acknowledge the truth of the contents of each of the Reports; and
b.
waive his right to file an action against the Bank in connection with errors or omissions that should have been able to be submitted to the Bank within the said time limit.
4.3
The entries in the Customer's Account are not final regarding the veracity of the entries towards the Bank. The Bank reserves the right at any time to cancel incorrect entries in any Account valid from the date of correct entry (or no entries should be made).
4.4
The Bank's report regarding the date, amount, or rate, if there are no manifest errors, shall constitute conclusive evidence of the facts presented in the report.
4.5
The Bank or Customer must notify other parties of any errors or omissions found by the Bank or Customer in any Communications from other parties, and related parties must correct such errors or omissions as soon as possible.
5.1
Unless otherwise stated in writing, the Customer agrees that the Bank is authorized and may carry out its policy to credit or debit the Account related to the Customer for any money received or sent or payments made by the Bank on behalf of the Customer, including any fees and/ or other expenses made as a result of these things.
5.2
The Bank may provide the Customer a cheque/ giro /payment order. The Customer must ensure that the Customer has sufficient funds in the relevant Account before issuing a cheque/ giro/ payment order. The Customer must indemnify the Bank against all losses, costs, and liabilities incurred by the Bank that may arise in connection with loss, theft, fraud, misuse, or rejection of any cheque/ giro/ payment order. The Customer must notify the Bank as soon as possible regarding the loss or theft of the cheque/ giro/ payment order by enclosing a police report confirming the loss or theft.
5.3
If the related Account does not contain sufficient funds (or if the overdraft facility limit provided by the Bank to the Customer is not enough) or the Bank has received a court order or decision, either a permanent decision or a temporary/ interim decision in connection with the Account, or a similar event occurs, the Bank is not obligated to execute or process cheque/ giro/ payment order. However, in its sole discretion, the Bank may:
a.
execute the said cheque/ giro/ payment order, in whole or in part; and/ or
b.
carry out cheque/ giro/ payment order in any order deemed appropriate by the Bank.
5.4
All deposits or transfers of funds, securities, or other items of value to or from the Customer's Account carried out by cheque/ giro/ payment order or other means subject to Bank procedures are conditional until the Bank has received final payment for the value in the relevant currency and no claims are made from third parties. The Customer is responsible for the authenticity, ownership, and source of funds or clearing instruments provided to the Bank.
5.5
If the final payment, as stated in clause 5.4, is not received by the Bank or is claimed as a result of an error, omission, or fraud on the part of the party making the transfer or related third-party in connection with the transfer, any conditional crediting made to the Customer's Account may be canceled. The Customer is obliged to indemnify the Bank in respect of costs, losses, and liabilities incurred by the Bank due to the cancellation.
5.6
Any adjustment made to implement Clause 5.5 above, to the extent practicable, shall be made in the amount on the date the crediting was made by the Bank (or as may be made) where the error or omission occurred. If such an adjustment is not possible, the adjustment must have the same economic effect as if the adjustment was made on that date. If a currency exchange is required, the exchange rate used by the Bank must be the exchange rate at the exchange time.
5.7
The Bank is not responsible for any costs, losses, or liabilities incurred by the Customer, including the rejection of cheques, giro, or other submissions and requests to the Bank for collection. Under no circumstances shall the Bank be responsible for any costs, losses, or liabilities resulting from defects or invalidity of instruments submitted to the Bank for collection.
5.8
The Customer agrees that in connection with cross-border transactions, the Bank or Related Entity is authorized to use a payment or clearing system or an intermediary bank of its choice to carry out the payment of transferred funds or collection of clearing instruments and is further subject to the laws and regulations of the jurisdiction where the clearing instrument is billed and or payment is made, including the applicable limits and fees and charges to be paid in connection with the collection or payment.
5.9
Without diminishing clauses 3.1, 3.2, 3.3, and 3.4, the Bank is only obliged to perform obligations in the currency specified for such obligations, notwithstanding if there are limitations or controls on the availability, exchange, or transfer of any funds of the Customer or any person otherwise (whether before, on or after the maturity date and in whatever jurisdiction the controls or restrictions apply), the Bank may (but is not obligated) to perform such obligations in any currency, at any exchange rate and in any manner determined by Bank in each case reasonably. The implementation of the Bank's obligations is a proper and legal release from these obligations.
5.10
The Customer fully understands that if within 6 (six) consecutive months the Customer issues 3 (three) or more cheques or demands deposits for insufficient funds or other reasons as stipulated by Bank Indonesia regulations, the Customer's name must be reported and included in the black list of Bank Indonesia. The Bank may immediately close the Customer's Account and ask the Customer to provide funds to pay the cheque/ giro/ payment order drawn by the Customer, which remains in circulation. Account closure is governed by Clause 9 of these General Terms and Conditions. The blacklisting procedure is governed by and subject to Bank Indonesia regulations.
5.11
Cash withdrawals on Business Days from any Account will be subject to daily minimum and maximum amounts set by the Bank from time to time for such transactions unless otherwise agreed by the Bank.
5.12
The Bank is not responsible for the unavailability of funds for any reason, including but not limited to restrictions or exchange or transfer or policies set by Bank Indonesia or for other reasons beyond the control of the Bank, whether arising within or outside Indonesia or anywhere the Bank keeps the funds.
6.1
The Bank will only credit interest to the account agreed by the Customer to receive interest at a time determined by the Bank.
6.2
The Customer authorizes the Bank to debit the account for interest owed by the Customer or credit the Account at the time and the interest rate as follows:
a.
agreed between the Bank and the Customer; or
b.
determined by the Bank's policy in the event of no agreement.
6.3
If the Customer fails to pay the outstanding amount, the Customer, at the request of the Bank, must pay interest on the outstanding amount from the due date until the date of payment at the interest rate as determined by the Bank from time to time
7.1
The Bank may charge fees for its services in connection with the Account and other services or products to which the General Terms and Conditions apply. Fees and charges must be confirmed in writing by the Bank. If there is no agreement in this regard, the Bank may charge fees and charges that the Bank usually carries out. The Customer authorizes the Bank to debit the Account and pay all Account fees and costs. All payments by the Customer under Clause 7.1 must be made without the collection or withholding of taxes or other charges.
7.2
The Customer must pay the Bank all reasonable costs and expenses (including legal fees on a full indemnity basis) incurred by the Bank under the General Terms and Conditions relating to:
a.
relationship with the Customer;
b.
implementation and maintenance of the Bank's rights and
b.
any legal process or dispute between the Customer and a third party if the Bank is a party involved.
7.3
The Customer, at the request of the Bank, must immediately indemnify the Bank against Liability or expenses incurred by the Bank in connection with payments due to taxes or other obligations on taxes (which are not taxes on the Bank's total net income) or in connection with stamp duty, registration or similar taxes issued by the Bank for the relationship between the Bank and the Customer.
7.4
Any account with a balance less than the minimum balance set by the Bank will be subject to a monthly fine of Rp10.000 for savings accounts and Rp50.000 for current accounts.
8.1
In addition to other rights that the Bank may have under law or reason, the Bank may compensate any Customer's Liabilities to the Bank with any Liabilities owed to the Customer by the Bank and/ or the Related Entity, without considering whether the obligation is past due or not and whether actual (unconditional) or conditional, regardless of the place of payment, the branch of bookkeeping or currency of the obligation. For this purpose, the Customer irrevocably authorizes the Bank to exercise its rights to make compensation, including, but not limited to, debiting each Account.
8.2
Unless required by law, the Bank is not required to give prior notice to the Customer regarding the exercise of its right to make compensation.
9.1
In addition to the rights of the Bank under Clause 5.10 and clause 10.4, the Bank may, at any time and at its sole discretion, close the Account by giving one month (or another period under applicable law) prior written notice to the Customer. General Terms and Conditions will continue to apply after each account's closing until all Liabilities have been paid in full.
9.2
The Customer may, at any time, close the Account by giving written notice to the Bank. Such notification will take effect immediately upon receipt or deemed received by the Bank unless the time for closing the account is determined later by the Bank in the notification.
9.3
Upon notification to the Customer by the Bank pursuant to Clause 9.1 above or by the Customer to the Bank under Clause 9.2, all Liabilities in respect of the relevant Account will become due and payable when the Account closure takes effect.
9.4
Each Account closure shall be with no diminish to:
a.
any Liability arising before closing, or
b.
the right of the Bank to use the Account number to administer the Liability.
9.5
Upon closing or termination of the Account by the Bank or the Customer, the Customer must return all ATM Cards, cheques/ giro/ payment orders, debit cards or credit cards, and any other forms of means of Communication to the Bank before the date as determined on the date for Account closing.
10.1
If the Customer's Account is inactive for 6 (six) consecutive months, the Customer's account will become dormant.
10.2
When the Account is inactive, the Customer may receive funds in the Account and cannot make a withdrawal unless made at the branch where the Account is opened.
10.3
To reactivate a Dormant Account, the Customer must come to the branch where the Account was opened and fill out the Dormant Account Activation Form.
10.4
Dormant Accounts with zero balance for 6 (six) consecutive months will be closed by the Bank without prior written approval from the Customer.
Suppose the Customer, given notice of negligence, cannot carry out any of his obligations to the Bank, the Bank has the right, with written notification to the Customer, to declare that all Obligations from the Account will soon be due and payable without diminishing the Bank's rights and other legal remedies
10.1
The Bank is only responsible for its negligence or willful misconduct.
10.2
The Bank is not responsible for any indirect losses or loss of profits expected by the Customer or any other party.
10.3
The Bank is not responsible for losses arising from delays or failures to carry out its obligations due to the creation of laws, decisions or moratoriums or regulations, rules, practices or laws, inactions, directives or guidelines of public authorities (de jure or de facto) (including, without exception, exchange controls or currency restrictions and taxes, levies or charges applicable to the Account balance (or part thereof) caused by the Customer and including those relating to money laundering suspicions)
Each and any standing instructions or authority given to the Authorized Signatories in relation to each Account will end with written notification to the Bank related to the death, bankruptcy, mental disorder, or liquidation of the Account holder (or joint account holder). In that case, the Bank may withhold any payment of money and not act on instructions or Communications until the Bank has received sufficient documentation, including proof of title, payment of estate or duty or tax, and guarantee of compensation to the Bank from the heirs, the party who acquires the rights, administrator, executor, trustee/ curator of another person or entity authorized by the Customer per the applicable laws.
The Bank is authorized to make transactions with and use the services of third parties and/ or make transactions with themselves in carrying out orders, executing agreements, and storing goods and/ or documents from ownership rights in storage areas and for any other purpose related to the relationship and provision of its banking services with and to the Customer. The Bank must exercise proper skill and prudence in selecting the third party, provided that the Bank is not at any time responsible for any loss or liability arising from the actions or omissions of the third party.
15.1
The foreign currency in the Account may (together with any amounts in the same foreign currency held by another client) be held by the Bank, at the Customer's sole and exclusive risk, at a bank or financial institution in the country where the foreign currency is official offer. Such deposits will be subject to fees, charges, and all applicable laws and clearing house rules.
15.2
The Bank's obligation to make payments in foreign currency is conditional until the foreign currency becomes available and is subject to a commission fee which the Bank will determine from time to time.
15.3
Unless otherwise agreed, any payment received or made to the Account in a currency other than the Account currency may be converted by the Bank, in its sole discretion, into or from the currency of the Account at the exchange rate prevailing at the Bank at that time. The Customer shall bear any loss in exchange rates, liability, or expenses.
16.1
Every transaction on an Account made through electronic banking services, including transactions made through Automated Teller Machines as determined by the Bank ("ATM") using an ATM Card ("ATM Card") and any other electronic services will be governed by these General Terms and Conditions and any additional terms and conditions as notified by the Bank from time to time.
16.2
The Customer is responsible for all transactions involving the use of an ATM card, including the use and confidentiality of the password and personal identification number provided by the Bank ("PIN").
16.3
The Bank may record all transactions made through ATMs and other electronic means and issue a Report to the Customer. Bank records regarding transactions issued in the report are binding on the Customer, except for manifest errors.
16.4
The ATM Card remains the property of the Bank, and the Customer agrees to deliver the ATM Card to the Bank upon request and/ or if the Account is closed.
16.5
The Bank is authorized to debit the Customer's account for applicable fees, charges, and up to the number of withdrawals, transfers, or transactions involving the use of ATMs based on evidence in the Bank's records for such transactions.
16.6
The Customer is required to immediately notify the Bank in writing of the loss or theft of the ATM card and PIN and is responsible for transactions involving the use of the ATM card until the Bank receives such notification. The Customer waives every right to sue the Bank for any losses arising from misuse of the ATM card.
16.7
Immediately after the Bank notified the Customer regarding clause 16.6, the Bank has the right to block the ATM Card belonging to the Customer. As long as the Customer does not apply for an ATM card blocking opening, the ATM Card cannot be used.
16.8
The Bank is not responsible for the Customer if the ATM Card is rejected or cannot be used.
16.9
At any time, the Bank may, at its sole discretion, withdraw or, by notification to the Customer, withdraw or revise the ATM service.
16.10
For every transaction through ATM, applicable fees and service rates may be charged.
16.11
All transactions from using an ATM Card in a joint account will bind the joint account holders together or individually.
16.12
The Customer agrees that except for gross negligence by the Bank, the Bank or financial institution that participates in the provision of ATM services is not obliged or responsible to the Customer related to the use of ATMs, ATM Cards, or transactions related to ATMs in the Customer's Account with the Bank or for any losses experienced by the Customer as a result.
16.13
If the Customer receives money from an ATM that exceeds the requested amount or credited balance at the Bank, the Customer is obliged to return the excess amount to the Bank.
16.14
If the ATM card is used outside Indonesia:
a.
The Customer must comply with the laws and regulations in the country, including any restrictions.
b.
The transaction will use the exchange rate and bear the fees determined by the Bank and the ATM network operator.
16.15
The Customer is fully aware that due to a technical problem, the balance request via ATM may not always reflect the actual balance when the Customer checks their account balance through the ATM.
The Customer agrees that if the Customer receives interest yields and/ or other forms of benefit which, if calculated, the value exceeds the LPS guarantee interest rate, then the deposit is not guaranteed by the LPS, and the Customer accepts the risk for the deposit.
The Customer with this expressly authorizes the Bank and agrees that:
a.
The Bank may from time to time provide or obtain information regarding the Customer, Account, and its transactions to or from the Bank or its Related Entities and their contractors or, data carriers, agents, or other third parties worldwide for transaction and payment processing and other purposes directly related to the services provided by the Bank (including other financial products and services) to the Customer;
b.
The Bank also has the right to disclose information regarding the Customer, Account, and their transactions as permitted or required by applicable law, legal process, regulation, or by court order, determination, or decision, or for any legal process related to the Bank or its Related Entity. Disclosure can also be made to the government, the competent authorities, and credit rating agencies both inside and outside Indonesia; and
c.
Permission to transfer and disclose this information will remain valid even after termination of agreement, or service for the Customer ceases.
19.1
The Bank may refuse to process and cancel any transaction, including returning, blocking, or seizing funds in the Account and close the Account if the Bank suspects fraud, invalidity, or untruth, or the transaction is contrary to applicable laws and regulations as determined by the Bank.
19.2
The Customer acknowledges that the Bank is subject to anti-money laundering laws that apply in Indonesia and internationally, applicable laws and regulations, both inside and outside Indonesia, to which the Bank is bound, and the Bank's internal regulations. The Customer agrees to provide any information requested by the Bank to comply with the applicable laws and regulations.
19.2
For the compliance of the Bank and Related Entities with applicable laws and regulations in various relevant jurisdictions concerning the prevention of financing, among others, terrorists and convicted persons, the Bank may need to prevent/ interrupt and investigate any payment messages and other information or Communications sent to or by the Customer or on behalf of the Customer and this process involves the creation of a further list of questions as to whether the name refers to the person named or the person convicted actually refers to that person. In this case, neither the Bank nor any Related Agency is responsible for any losses suffered by any party arising from delays or negligence by the Bank or the Related Entity in processing such payment messages or information or Communications or carrying out any other obligations caused by steps taken either in whole or in part in accordance with this clause.
20.1
The Bank has the right to withhold and not pay any amount owed or subsequently owed to the Customer and to hold as collateral any money or assets of the Customer in the Customer's Account, including joint accounts, checking or deposit accounts, or others and in whatever currency, and until the Customer has entirely carried out all obligations to the Bank. For this purpose, the Customer with this authorizes the Bank irrevocably, without notice, to enforce such guarantees at such time and in the manner the Bank deems appropriate to recover such Obligations. The guarantee provided under this clause is a continuous guarantee for the full performance of the Obligations and will not reduce any guarantees or other rights that the Bank may have.
20.2
In addition to any rights which may be the Bank's legal rights, the Bank at any time, without notice, may combine, unify or merge all or any Customer Accounts and Liabilities and may compensate or transfer any amount on the credit of each Account (whether subject to on notification or whether or not it has matured or not) in or to fulfill the Liability, even though the Account and Liability may be in a different jurisdiction and regardless of currency, and the Bank is hereby authorized to make any necessary conversions at its exchange rate then in effect.
20.3
The Bank may, at its sole discretion, destroy any cheque/ giro/ payment order or other records, reports, and documents related to any Account held in the Bank after it has been processed with microfilm or other forms of electronic media and the results of microfilm or other forms of electronic media binding and is the definitive evidence against the Customer. The Bank can destroy records or reports after the detention period stipulated in the applicable regulations expires.
20.4
The Customer irrevocably waives all immunity for other similar reasons for the Customer and its assets to the extent permitted by applicable laws and regulations. Customers waive the right to protest, submit and notify the refusal of orders, and waive the right to bring any counterclaim or compensation against the Bank.
20.5
At any time at its discretion, the Bank may change or adjust the Terms and Conditions (including any terms of service) and provide notice to the Customer 30 (thirty) days before making such changes. Such changes and replacements are deemed binding on the Customer. The Customer will be considered to have received the notification 7 (seven) days after the Bank has notified the Customer.
Failure to exercise or delay in exercising any right, power, or privilege under this agreement by the Bank does not constitute a waiver of such right, power, or privilege, or any single or partial exercise of such right, power, or privilege will not prevent other or further exercise of such or other rights, powers or privileges.
22.1
If the General Terms and Conditions are invalid or become invalid, void, or unenforceable in all respects, the validity or legal force of the other provisions shall not be affected or diminished.
22.2
The remedies provided in the General Terms and Conditions are cumulative and not exclusive of any remedies provided by law.
22.3
The Customer's responsibilities and obligations under the General Terms and Conditions are binding on the heirs and beneficiaries of the Customer.
The Bank is not responsible for any losses resulting from any events that are beyond the Bank's control, including but not limited to natural disasters, government orders, international conflicts, violence or armed action, labor disturbances, disruption or disruption of the Bank's operations, malfunctions or failures of equipment or under no circumstances shall the Bank be liable to the Customer or any third party for any indirect or consequential loss arising out of or in connection with such delay or omission.
These General Terms and Conditions are made in Indonesian and translated into English. Should a dispute arise from the difference of interpretation between the Indonesian text and the English text, the Indonesian text will be considered the official text and will thus prevail.
To terminate these General Terms and Conditions, both the Bank and the Customer will waive the provisions of Article 1266 of the Civil Law Act as long as a court decision is required for the termination of these General Terms and Conditions.
Any and all authority granted by the Customer to the Bank based on these General Terms and Conditions are:
a.
irrevocable;
b.
allow full substitution rights;
c.
allow full representation of the Customer, anywhere and for anyone, in all matters and actions concerning issues related to the authority granted.
The Customer agrees that the authority granted by the Customer based on these General Terms and Conditions will not be revoked or terminated as long as the business relationship still exists between the Customer and the Bank and for any reason, including, but not limited to what is stated in Articles 1813, 1814 and 1816 of the Book of Civil Law Act.
27.1
These General Terms and Conditions shall be governed by and construed under the laws of the Republic of Indonesia.
27.2
Any legal process related to these General Terms and Conditions must be filed by the Customer only in the court where the Customer opened his Account or other area designated by the Bank which has jurisdiction over the Bank unless the Bank agrees in writing.
