General Terms & Conditions

GENERAL TERMS & CONDITIONS

Enforcement

This General Terms and Conditions apply to all transactions or [agreements] or services concerning accounts between the Customer and the Bank (as defined below), as long as the said transaction or [agreement] or services is not explicitly regulated in other terms and conditions applicable to particular transactions or [agreements] or services provided by the Bank.

Definition

In this General Terms and Conditions, the following words shall have the same meaning as stated below unless the context requires a different interpretation:

"Affiliate" means (i) members of the Board of Commissioners or their equivalents, members of the Board of Directors or their equivalents or their proxies, officials, or employees of the Bank; (ii) parties that provide services to the Bank, including public accountants, appraisers, legal consultants, and other consultants; (iii) parties that control or are controlled by the Bank, either directly or indirectly; and/or (iv) parties that, according to the assessment of the competent authority in the banking sector, participate in influencing the management of the Bank, either directly or indirectly, among them the parties that have family relationships by marriage and descent up to the second degree, both horizontally and vertically, with members of the Board of Commissioners or their equivalents, members of the Board of Directors or their equivalents or their proxies, officials, or employees of the Bank.
"ATM" means ATM services (Automated Teller Machine or Anjungan Tunai Mandiri), which are electronic machines for banking services owned/managed by the Bank or owned/managed by other banks based on a cooperation agreement with the Bank, and can be used by Customers for cash withdrawals, balance inquiries, and other transactions in accordance with the terms and conditions applicable to the Bank, as can be accessed through the communication media provided by the Bank.
"Related Entity" means any subsidiary, Affiliate, head office, or other branches aside from the Bank.
"Bank" means PT Bank Sahabat Sampoerna, which has agreed with the Customer to be bound by this General Terms and Conditions.
"Bilyet Giro" means a written order from the drawer to the drawee Bank to transfer a specified amount of funds to the beneficiary's account.
"Business Day" means a working day other than Saturday, Sunday, or official holidays, as determined by the government of the Republic of Indonesia, on which the Bank is open to carry out operational activities.
"ATM Card" means a card issued by the Bank (whether bearing a National logo or not) which functions as an ATM card and/or debit card and/or other functionsthat has a unique number with a specific number of digits as determined by the Bank.
"Liability" means all obligations and responsibilities of the Customer towards the Bank and/or current or future Related Entity (either conditionally or unconditionally).
"Communication" means any notification, order, instruction, or other communication between the Customer and the Bank.
"LPS" means the Indonesia Deposit Insurance Corporation.
"Statement" 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 this General Terms and Conditions.
"Authorized Signatories" means any person or authorized entity (either individually or jointly) to operate the Account or make agreements or transactions with the Bank or Communication on behalf of the Customer.
"PIN" means a secret code/password required for the Customer to use services at the ATM/Cash Deposit Machines (CDM)/Electronic Data Capture (EDC) terminals, and its usage is solely authorized by the Customer.
"Account" means each Customer's account at the Bank, including but not limited to the main account and/or additional accounts opened by the Customer in accordance with the Bank's policies and procedures, including compliance with the applicable Know Your Customer (KYC) or Customer Due Diligence regulations.
"Active Account" is an account that has transaction activity in the form of deposits, withdrawals, or balance inquiries performed by the account holder. It excludes activities that occur automatically by the system, such as fee debits, tax debits, interest credits, or other similar transactions.
"Inactive Account" is account that has no cash deposits, cash withdrawals, or balance checks for more than 360 (three hundred sixty) days.
"Dormant Account" is an account that has no cash deposits, cash withdrawals, or Inquiry checks for more than 1,800 (one thousand eight hundred) days.
"Calendar Day" means any day in a calendar year, including Saturdays, Sundays, and public holidays as determined by the government

Account Operational Terms

The Customer shall present a valid original proof of identity to the Bank.
The Customer shall provide to the Bank with all information, authorizations, or other documents, which deemed necessary by the Bank, including information required to comply with all applicable laws and regulations in relation to the opening and ownership of the Account, including but not limited to providing specimen signatures of each Authorized Signatory.
Customer hereby declares and guarantees to the Bank that all data/information/documents/statements provided to the Bank in relation to the opening of the Account are complete, original, accurate, and in accordance with the actual circumstances, and constitute the most recent data/information/documents/statements that had not/have not been altered and are still valid/not expired/ have not been changed or other conditions as agreed based on the Bank's policies.
The opening of the Account will only take effect if it is approved by the Bank, after all of the Bank's requirements are fulfilled by the Customer and the Account opening application is approved by the Bank. In the event that the Bank approves the Account opening with certain conditions, then if the conditions required by the Bank are not fulfilled by the Customer within a certain agreed period, the Customer hereby agrees that the Bank has the right to close the Account at any time. Any risks arising in connection with the closure of the Account due to the Customer's mistakes and/or negligence will be the responsibility of the Customer and the Bank will not provide any compensation to the Customer or any party in any form for any charge/claims and compensation arising from the Customer or any party in connection with the closure of the Account.
The Bank determines the first deposit amount for Account opening and subsequent deposits following the type of Account opened by the Customer.
Incoming transfers, deposits by checks, Bilyet Giro, money order, and the like will be credited to the Account after the Bank effectively receives the funds.
The Customer shall immediately provide and/or notify in writing to the Bank regarding any changes to the Customer's information or data, including:
1. name or address;
2. the authority of the Authorized Signatory even though the amendments have been recorded in a public register; or
3. any information, authority, or document the Customer provides under Clause 3.1 above.
The Customer is required to update information and/or data upon request from the Bank if there are any discrepancy in the information and/or data as determined by the applicable laws and regulations.
Such changes as referred to in Clause 3.7 and 3.8 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
Bank reserves the right to continue using the information, and/or data, authority, or documents previously provided by the Customer, as long as the Customer has not made updates or provided notification regarding the changes, and/or Bank has not received notification regarding the changes in the Customer’s data. However, the Bank will provide periodic notifications to the Customer to ensure that the information and/or data remains relevant and valid. In the event that the Customer fails to update the information and/or data that needs to be updated, the Customer shall be responsible for the risks arising as long as there is no negligence on the part of the Bank.
The Customer confirms that the Authorized Signatories are authorized to represent the Customer, for all transactions related to the 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. The Bank is responsible for taking the necessary steps in accordance with applicable internal procedures and regulations to ensure that the signature matches the specimen signature of the Customer or Authorized Signatory. The list of specimen signatures held by the Bank shall remain valid until the Bank has received and/or approved a written notification of any changes from the Customer
The Customer authorizes the Bank to open additional Accounts in the Customer's name at any time, if deemed necessary by the Bank to fulfill any Communication from the Customer. These Accounts must be opened under the same terms and conditions and subject to the same signing authority as the Customer's other existing Accounts with the Bank.
All transactions and Accounts opening, including the opening of additional Accounts by the Bank as referred to in this clause, remain subject to applicable laws and regulations, including but not limited to the Bank's Know Your Customer (KYC) policies and procedures, as well as the the applicable regulations of Anti-Money Laundering (AML), Counter-Terrorism Financing (CTF), and Prevention of the Financing of Proliferation of Weapons of Mass Destruction (PFWMD), and the applicable Bank's internal regulations.

Communication with Bank

Any Communication from the Bank to the Customer is considered properly made or delivered if sent to the Customer through one or more of the following methods (as determined by the Bank):
1. by direct delivery or by mail or courier to the last known address based on the information held by the Bank, or to the Customer's registered office or Costumer’s place of business, and it will be effective and deemed received by the Customer if delivered in person at the time of delivery, or if sent by mail or courier to an address within Indonesia, on the Business Day following the date of dispatch or delivery to the courier agent, or in the case of an address outside Indonesia, on the third Business Day following, but not including, the date of dispatch or delivery to the courier agent; or
2. to the Customer’s email address as notified to the Bank, and it will be effective on the date and time of delivery through the mail server operated by the Bank and/or its service provider, unless the Bank receives a non-delivery notification or "returned mail" or any message indicating that the email failed to reach the Customer’s mailbox.
The Customer shall ensure that all Communications to the Bank are clear, complete, and accurate, shall refer the related Account, shall be addressed to the appropriate department of the Bank and shall only be effective upon received by the Bank. If the Communication is unclear or if the Bank receives conflicting Communications, the Bank may choose not to act on such Communications unless the ambiguity or conflict can be resolved by the Bank in accordance with the internal provisions commonly used by the Bank in relation to the Communication process between the Bank and the Customer.
Unless otherwise approved by the Bank, at its sole discretion and subject to any conditions the Bank may impose, all Communications from the Customer to the Bank shall be made in writing, in a form approved by the Bank and signed by the Customer or the Authorized Signatory(-ies) in accordance with the specimen signature card on record with the Bank.
The Bank, at its sole discretion, is authorized to enforce any Communication made by the Customer to the Bank via telephone, facsimile, or other forms of communication and Bank may act on such Communication without verifying the authority or identity of the person making or intending to provide the Communication or its authenticity, this applies regardless of the circumstances, type of transaction, or amount of money involved, and without questioning any errors, misunderstandings, fraud, forgery, or ambiguity in the content of the Communication, or even if the initial communication is not followed by the original signed Communication or confirmation of the Communication.
The Customer agrees to bear all risks arising from any telephone, facsimile, and other forms of communication with the Bank, including those resulting from transmission errors, power outages, fraud, forgery, misunderstandings, or mistakes made by the Bank regarding the identity of the Customer or the identity of the Customer’s Authorized Signatory.
For the Customer’s benefit, the Customer may request the blocking or closure of an Account by submitting a blocking request at any Bank branch and a closure request at the branch where the Account was opened.
For a blocked Account, the Customer may request the removal of the block by submitting an application to the Bank through the communication channels provided by the Bank to remove the said block, and the Bank has full discretion to refuse to unblock the Account if it is not satisfied with the request after verification.
Any Account that is blocked during a prize draw period will not be eligible for any prize draws held by the Bank (if any).
The Customer grants permission to the Bank to temporarily suspend services to the Account in the event of an order from the police, based on a court order, or from other authorized authorities, including the tax office
The Bank may, at its discretion or in accordance with applicable laws and regulations, refuse to comply with any Communication, block or temporarily suspend the services on the Account and the Bank is not obligated to assess any Communication with caution. If the Bank determines that the Customer's Communication or other circumstances may cause the Bank to incur losses and expenses, the Bank may temporarily suspend the operation of any or all of the Accounts and/or require compensation from the Customer before resuming the operation of the Accounts or executing the Customer’s Communication
The Bank may only execute the Customer’s Communication during banking hours as determined by the Bank from time to time, on Business Days. Any Communication received after the specified time will be executed on the next Business Day.
The Bank (or its designee) may record any Communication with the Customer or the Authorized Signatory of the Customer, with prior notification to the Customer. The Customer hereby gives express and explicit consent to such recording, and agrees that such recording may be used by the Bank for the purposes of verification, service improvement, and/or legal purposes, in accordance with the provisions of applicable laws and regulations. Such recording may be submitted as valid evidence in court if necessary and in accordance with applicable laws. The Customer has the right to withdraw consent, access, correct, or request the destruction of recorded personal data, in accordance with the provisions set out in laws and regulations.
The Customer agrees to be responsible for and to execute and validate any contract entered into or actions taken by the Bank as a result of actions carried out based on Communications provided via telephone, facsimile, or other forms of communication that, in the Bank's judgment, have been provided by or on behalf of the Customer, provided that the Bank has acted in accordance with the applicable regulations.

Bank Statement Check

The Customer is obligated to perform the following actions:
1. promptly review all Statements; and
2. ensure that Communications made by or on behalf of the Customer have been executed correctly and in full by the Bank. The Customer must also notify the Bank in writing of any errors or omissions without delay.
If the Customer does not notify the Bank in writing of any errors or omissions found in any Statements, or the execution of any Communication, within 14 (fourteen) Business Days from the date the Customer is deemed to have received the relevant Statements in accordance with the provisions of Clause 4, the Customer will be deemed to have acknowledged the accuracy of the contents of each such Statement.
Entries in the Account are not final in terms of their accuracy does not match with the Bank. The Bank reserves the right to cancel any erroneous entries in any Account at any time, effective from the date of the correct entry (or if there should have been no entry made).
The Bank Statements regarding dates, amounts, or rates, if there are no manifest errors, shall serve as conclusive evidence of the facts indicated in those Statements
The Bank or the Customer shall notify the other party of any errors or omissions discovered by the Bank or the Customer in any Communication from the other party and the related party must rectify such errors or omissions as soon as possible.

Receipts and Payments of Money and Transfers

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.
The Bank may provide checks/Bilyet Giro/payment orders to the Customer. The Customer shall ensure that sufficient funds are available in the related Account before issuing any checks/Bilyet Giro/payment orders. The Customer shall indemnify the Bank against all losses, costs, and Liabilities incurred by the Bank that may arise in connection with the loss, theft, fraud, misuse, or dishonor of any check/Bilyet Giro/payment order. The Customer must notify the Bank as soon as possible regarding the loss or theft of any checks/Bilyet Giro/payment orders, accompanied by a police report confirming the loss or theft.
If the related Account does not have sufficient funds (or if the overdraft facility provided by the Bank to the Customer is insufficient) or the Bank has received a court order or judgment, whether permanent or temporary, in relation to the Account, or any similar event occurs, the Bank shall not be obligated to execute or process any checks/Bilyet Giro/payment orders, however, at its sole discretion, the Bank may:
1. execute the checks/Bilyet Giro/payment orders, in whole or in part; and/or
2. execute the checks/Bilyet Giro/payment orders in any order deemed appropriate by the Bank.
All deposits or transfers of funds, securities, or other valuable items to or from the Account carried out through checks/Bilyet Giro/payment orders or other means subject to the Bank’s procedures are conditional until final payment has been received by the Bank for the value in the relevant currency and no claims have been made by third parties. The Customer is responsible for the authenticity, ownership, and source of funds or clearing instruments provided to the Bank.
If the final payment as stated in Clause 6.4, is not received by the Bank or is claimed due to an error, negligence, oversight, or fraud by the transferring party or related third party concerning the transfer, any conditional credit made to the Account may be canceled, and the Customer shall indemnify the Bank for any costs, losses, and Liabilities incurred by the Bank as a result of such cancellation.
Any adjustments made to implement Clause 6.5 above, as far as practicable, shall be made at the value on the date of crediting performed by the Bank (or as feasible) where the error or negligence occurred. If such adjustments are not possible, the actual adjustments made must have the same economic effect as if the adjustments had been made on that date. If a currency exchange is required, the exchange rate used by the Bank shall be the rate at the time of the exchange.
The Bank shall not be liable for any costs, losses, or liabilities incurred by the Customer, including the rejection of checks/ Bilyet Giro/the submission of other requests to the Bank for collection. Under no circumstances, shall the Bank be responsible for any costs, losses, or liabilities arising from defects or the invalidity of instruments presented to the Bank for collection.
The Customer agrees that in connection with cross-border transactions, the Bank or Related Entity is authorized to use payment systems or clearing or intermediary banks of its reasonable choosing, to carry out the transfer of funds or collection of clearing instruments and further subject to the laws and regulations in the jurisdiction where such clearing instruments are collected and/or payments are made, including applicable limitations and fees and charges to be paid in connection with such collection or payment.
Without prejudice to Clauses 4.1, 4.2, 4.3, and 4.4, the Bank is only obligated to fulfill obligations in the specified currency for those obligations. However, if there are restrictions or controls on the availability, exchange, or transfer of any funds of the Customer or others (whether before, on, or after the due date and in any jurisdiction where such controls or restrictions are imposed), the Bank may (but is not required to) fulfill those obligations in any currency at the exchange rate and in any manner reasonably determined by the Bank in each case. The fulfillment of the Bank's obligations shall constitute a proper and valid discharge of those obligations.
The Customer fully understands that if, within 6 (six) consecutive months, the Customer issues 3 (three) or more checks/Bilyet Giro/payment orders against insufficient funds or for other reasons as determined by Bank Indonesia regulations, the Customer's name must be reported and placed on Bank Indonesia's blacklist. The Bank may immediately close the Account and require the Customer to provide funds to pay for checks/Bilyet Giro/payment orders drawn by the Customer that remain outstanding. The closure of the Account is governed by Clause 10 of this General Terms and Conditions. The procedures for being placed on the blacklist are regulated by and subject to the regulations of Bank Indonesia.
Cash withdrawals on Business Days from any Account shall be subject to the minimum and maximum daily amounts set by the Bank from time to time for such transactions unless otherwise approved by the Bank.
The Bank shall not be liable for the unavailability of funds for any reason, including but not limited to the restrictions on exchanges or transfers or policies set by Bank Indonesia or other reasons beyond the Bank's control, whether arising within or outside Indonesia or anywhere the funds are held by the Bank.

Interest and Interest on Default

The Bank will only credit interest to the Account agreed by the Customer to receive interest at a time determined by the Bank.
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:
1. agreed between the Bank and the Customer; or
2. determined by the Bank's policy in the event of no agreement.
If the Customer fails to pay the outstanding amount, the Customer at the request of the Bank, shall pay interest on the outstanding amount from the due date until the date of payment made at the interest rate as determined by the Bank from time to time.

Costs, Expenses, and Indemnities.

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 shall be confirmed in writing by the Bank. In the event that there is no agreement regarding certain fees or charges, the Bank may only charge fees and charges in accordance with applicable legal provisions or the Bank's internal policies that have been approved by the relevant authorities. The Customer authorizes the Bank to debit the Account and pay all Account fees and costs. All payments by the Customer under Clause 9.1 must be made without the collection or withholding of taxes or other charges.
The Bank may request full compensation from the Customer for all reasonable costs and expenses incurred by the Bank in accordance with the General Terms and Conditions relating to:
1. relationship with the Customer;
2. implementation and maintenance of the Bank's rights; and
3. any legal proceedings or disputes between the Customer and a third party, if the Bank is also involved in the dispute.
The Customer, at the request of the Bank, shall 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.
Any account that has a balance below the minimum balance provisions as determined by the Bank will be subject to a fine in accordance with the provisions determined by the Bank.

Compensation (set-off)

In addition to other rights that the Bank may have under law or reason, the Bank may compensate any Customer's Liability to the Bank with any Liability owed by the Bank and/or the Related Entity to the Customer, whether the obligation is past due or not, 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 in accordance with applicable laws. If the obligations are in different currencies, the compensation will be carried out based on the exchange rate prevailing at the Bank on the date the set-off is executed.
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.

Account Closing

Bank may, at any time and at its sole discretion, close an Account with prior written notice of one month (or such other period as may be required by applicable law) to the Customer. In certain circumstances, including but not limited to violations of the law, suspicious activities, or breaches of banking regulations, the Bank reserves the right to close the Account without prior notice in accordance with applicable legal provisions. The General Terms and Conditions shall remain in effect until all Customer’s Liabilities are fully settled. The Bank reserves the right to withhold the remaining funds in the Account to fulfill such Liabilities.
The Customer may, at any time, submit a request to close the Account by providing written notice to the Bank. Such a closure request shall take effect after being verified by the Bank and is subject to the settlement of all obligations related to the Account. The Bank reserves the right to refuse the closure if the Customer's obligations have not been settled or if the Account is linked to other products or facilities.
All Customer’s Liability related to the Account will become due upon the effective closure. The Bank reserves the right to utilize the Account balance to settle such obligations before the closure is processed. If the balance is insufficient, the Bank will inform the Liability that the Customer must settle.
Any closure of the Account does not reduce the Bank's rights to:
1. collect Liability arising prior to the closure; or
2. use the Account number for administrative purposes related to Liability with protections in accordance with applicable data protection regulations.
Upon closure or termination of the Account, by the Bank or the Customer, the Customer shall return all cheques/Bilyet Giro/payment orders, debit/ATM or credit cards, and any Bank facilities before the date as determined on the date for closure of the Account. If it is not returned within the specified time, the Bank has the right to block/terminate the instruments/facilities and may charge an administrative fee.
If after the Account is closed there are still remaining funds in the Account, then the remaining funds in the closed Account (if any) remain the property of the Customer and the Bank will hand over the remaining funds to the Customer, after deducting the Account closing fee and other fees charged on the Account, and taking into account all amounts owed by the Customer to the Bank.
Without prejudice to the provision of point 10.1, the Bank is authorized to automatically close an Account with zero balance and no transaction activity within a maximum period of six (6) months.

Dormant Accounts

If an account is Inactive account status, the Customer shall not be allowed to perform withdrawal transactions. If an account Dormant Account status, the Customer shall not be allowed to perform deposit and withdrawal transactions.
The Customer apply to reactivate an Inactive account or a dormant account through the Bank’s branch, call center, or other channels provided by the Bank. For reactivate the Account, the Customer must complete the Bank’s verification process and comply with all applicable laws and regulations, including Anti-Money Laundering (AML), Counter-Terrorism Financing (CTF), and Prevention of Proliferation Financing of Weapons of Mass Destruction (PF-WMD) requirements. If the Customer ails to complete the verification process, the Bank may refuse to reactivate the Account.
The Bank shall be entitled to manage a dormant account for period of thirty (30) years from the date the account is designated as a dormant account. If, within such period, no request for reactivation is submitted by the Customer, the Bank shall be entitled to settle the dormant account in accordance with the applicable laws and regulations.
The Accounts that remain classified as active despite meeting the criteria for Inactive Accounts or Dormant Accounts include designated destination accounts, term-feature accounts, and accounts that are currently under dispute.
Accounts classified as inactive and dormant still entitled to earn interest/returns on the funds held in the dormant account.

Due Immediately for Payment

If the Customer, after being given written notice of the negligence, still fails to perform and/or fulfill any of their obligations to the Bank within the time frame specified in the notice, the Bank has the right to declare that all Liability arising from the Account, whether due or not, will become due and shall be settled, without prejudice to the Bank's other rights and legal remedies.

Liability for Losses

The Bank is only liable for losses caused by negligence or willful misconduct.
The Bank is not liable for any indirect losses, including but not limited to the loss of anticipated profits by the Customer or any other party.
The Customer understands and agrees to bear any losses arising from the Bank's delay or failure to perform its obligations due to changes in laws and/or laws, policies or regulations of the competent public authorities, including but not limited to the existence or moratorium, exchange controls, or currency restrictions, and applicable taxes, levies or charges on the balance of the Account (or any part thereof) caused by the Customer and including those related to indications of involvement in money laundering, terrorism financing, proliferation financing of weapons of mass destruction, and other unlawful activities.

Customer Representative

Any standing instructions or authorizations granted to the Authorized Signatory in relation to any Account will terminate upon written notification to the Bank. This notification applied in the event of death, bankruptcy, mental incapacity, or liquidation of the Account holder (or joint account holders). In such cases, the Bank may withhold any payment of funds and refrain from acting upon any instructions or Communications until the Bank has received sufficient documentation, including but not limited to proof of rights, estate payment, or relevant duties and taxes. The Bank has the right to request indemnity guarantees from the heirs, acquired rights parties, administrators, executors, trustees/curators, person, or other entities authorized by the Customer in accordance with applicable laws.

Third Party Involvement

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 implement the principles of appropriate skill and prudence in selecting, supervising, and assessing the performance of such third parties in accordance with the provisions of applicable laws and regulations. The Bank is not responsible for any losses or liabilities arising from the actions or omissions of such third parties, unless the Bank is proven to be negligent in conducting the selection, implementation of cooperation and/or in exercising the principle of prudence to such third parties.
15.2Transactions involving third parties are conducted by the Bank in accordance with applicable laws and regulations, including provisions related to data protection, document security, and compliance with banking standards. The Bank remains committed to safeguarding the interests of the Customer in line with the principles of prudence and applicable legal provisions.

Foreign Currency

Foreign currency in the Account may be held by the Bank, along with any amounts in the same foreign currency deposited by other clients, at its own risk and exclusively for the Customer, in a bank or financial institution located in a country where the foreign currency is an official offering. Such storage will incur fees, charges, and expenses and will be subject to all applicable laws and clearing regulations.
The Bank's obligation to make payments in foreign currency is conditional upon the availability of that foreign currency and will incur a commission fee as determined by the Bank from time to time.
Unless otherwise agreed, any payments received or made for the Account in a currency other than the Account currency may be converted by the Bank, at its sole discretion, into or from the Account currency at the exchange rate applicable at Bank at that time the transaction is made. Any foreign exchange losses, charges, or expenses shall be fully borne by the Customer.

Services ATM and Phone Banking Services

Every transaction on the Account conducted through electronic banking services, including transactions carried out through ATM as specified by the Bank with the ATM Card and any other electronic services, will be subject to this General Terms and Conditions as well as other terms and conditions set by the Bank as notified by the Bank from time to time.
The Customer is responsible for all transactions made using the ATM Card, including maintaining the use and confidentiality of the PIN.
The Bank may record all transactions made through the ATM and any other electronic means and will issue Statements to the Customer. The transaction reports issued by the Bank are binding to the Customer, unless there is clear evidence of an error.
The ATM Card remains the property of the Bank, and the Customer agrees to return the ATM Card to the Bank upon request and/or if the Account is closed
The Bank is authorized to debit the Account for applicable fees, charges, and up to the amount of withdrawals or transfers or transactions involving the use of the ATM based on the evidence in the Bank's records for such transactions.
The Customer shall immediately notify or report to the Bank through the Communication channels provided by the Bank regarding the loss or theft of the ATM Card and PIN, and is responsible for transactions involving the use of the ATM Card until such notification is received by the Bank. In the event of loss, it remains the Customer's responsibility as long as the Bank has not received notification from the Customer.
Immediately after the Bank notifies the Customer regarding Clause 17.6, the Bank is entitled to block the Customer's ATM Card, and as long as the Customer does not apply for the unblocking of the ATM Card, the ATM Card under the Customer's name can not be used
The Bank is not responsible to the Customer if the ATM Card is declined or cannot be used
At any time, the Bank may, at its sole discretion, withdraw or with the notification to the Customer of the withdrawal or revision of ATM services.
For each transaction through the ATM applicable fees and service charges will be applied.
All transactions carried out using the ATM Card in joint accounts will bind the joint account holders both jointly and severally.
The Customer agrees that, except for gross negligence by the Bank, neither the Bank nor the financial institutions involved in providing ATM services shall be liable or responsible to the Customer regarding the use of ATM, ATM Cards, or transactions related to ATM in the Account or for any losses incurred by the Customer as a result.
If the Customer receives money from the ATM exceeding the amount requested or the credit balance in the Bank, the Customer is obliged to return the excess amount to the Bank.
In the event the ATM Card is used outside Indonesia:
1. The Customer shall comply with the laws and regulations in the said country including any restrictions.
2. Transactions will be conducted using the exchange rate and incur charges as determined by the Bank and the ATM network operator.
The Customer acknowledges and understands that due to system constraints, balance inquiries through the ATM may not always reflect the actual balance when the Customer checks their account balance via the ATM.

Statement Regarding LPS

The Customer hereby acknowledges and agrees that, in accordance with the applicable regulations regarding the LPS, deposits insured by LPS are limited to the principal amount of the deposit and interest subject to a certain maximum amount and with the applicable maximum interest rate determined from time to time based on the regulations and provisions of the LPS.
The Customer agrees that if the Customer receives interest and/or other benefits that when calculated, exceed the guaranteed interest rate set by the LPS, such deposits will not be insured by LPS and the Customer assumes the risk associated with these deposits.

Disclosure of Information

The Customer hereby expressly authorizes the Bank and agrees that:

The Bank may from time to time provide or obtain information regarding the Customer, the Account, and its transactions to or from the Bank or Related Entity and contractors or their data carriers, agents, or other third parties worldwide for the purposes of transaction and payment processing, as well as for other purposes directly related to the services provided by the Bank (including other financial products and services) to the Customer;
The Bank also reserves the right to disclose information regarding the Customer, the Account, and its transactions as permitted or required by applicable law, legal processes, regulations, or by orders, decrees, or judgments of a court, or for any legal proceedings related to the Bank or Related Entity. Disclosure may also be made to government, authorities, and credit rating agencies both within and outside Indonesia; and
The authorization to transfer and disclose this information shall remain in effect even after the termination of services with or to the Customer, as long as the information is still necessary and relevant for the services provided by the Bank to the Customer, or required to fulfill legal obligations, resolve legal processes, or in accordance with applicable laws and regulations.

Suspicious Transactions

The Bank may refuse to process and cancel any transaction, including returning, blocking, or seizing funds in the Account, as well as closing the Account if the Bank suspects fraud, illegitimacy, untruthfulness, or if the transaction is contrary to applicable laws and regulations as determined by the Bank.
The Customer acknowledges that the Bank is subject to Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT), and Preventing the Proliferation of Weapons of Mass Destruction laws (PPWMD) applicable in Indonesia and internationally, as well as other relevant laws and regulations, both within and outside Indonesia, to which the Bank is bound and the internal regulations of the Bank. The Customer agrees to provide any information requested by the Bank to comply with these applicable laws and regulations.
For the Bank and Related Entities compliance with applicable laws and regulations in various relevant jurisdictions in relation to the prevention of financing, including terrorists, parties involved in the development of weapons of mass destruction, as well as other criminal actors, both at the domestic and international levels. The Bank may need to prevent/intercept 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 making a list of further questions regarding whether the name referring to the named person or the person convicted actually refers to that person. To support this process, the Customer is willing to provide additional information requested by the Bank. In carrying out these steps, the Bank and/or Related Entities are required to apply the principle of prudence and compliance with applicable regulations. The Customer understands and agrees to bear any losses suffered by any party arising from delays or negligence by the Bank, or Related Entities in processing such payment messages or information or Communications, as long as such actions are carried out reasonably and in order to fulfill or carry out any legal obligations in accordance with this Clause.

Retention and Security

The Bank has the right to retain and not pay any amounts owed or to be owed to the Customer and to hold as collateral any money or assets of the Customer in the Account, including joint accounts, checking accounts, or deposits, or others, and in any currency. This applies until the Customer has fulfilled all Liabilities to the Bank. For this purpose, the Customer hereby grants the Bank an irrevocable authority to enforce this collateral without prior notice, at the time and in the manner deemed appropriate by the Bank, to recover the said Liability. The collateral provided under this Clause is a continuing guarantee for the full performance of the Liability and will not diminish any other collateral or rights the Bank may have.
In addition to any rights the Bank may have under the law, the Bank may, at any time, without notice, combine, consolidate, or merge any or all of the Accounts and Liability. The Bank may also compensate or transfer any available credit balance in any Account (whether subject to the notice or whether due or not) to meet the Liability. This applies even if the Accounts and Liability are in different jurisdictions or use different currencies. The Bank is hereby authorized to make any necessary conversions, based on the applicable exchange rate at that time.
At its discretion, the Bank may destroy any checks/Bilyet Giro/payment orders or other records, reports, and documents related to any Account stored by the Bank after being documented in microfilm or other electronic media forms ("Electronic Documentation"). The result of such Electronic Documentation will be considered conclusive and binding on the Customer. The Bank may destroy records or Statements after the retention period set by applicable regulations has passed.
At any time at its discretion, the Bank may amend or replace the General Terms and Conditions (including any service provisions) and provide a written notice to the Customer 30 (thirty) Business Days prior to the amendment. The Customer will be deemed to have agreed to the amendment if within the period, the Customer does not submit an objection/response to the Bank.

No Waiver of Rights

Failure to exercise or delay in exercising any right, power, or privilege under this General Terms and Conditions by the Bank shall not constitute a waiver or dismissal of such right, power, or privilege, and any single or partial exercise of such right, power, or privilege shall not prevent any further or other exercise of such right, power, or privilege.

Conflict and Invalidity

If any part of this General Terms and Conditions is deemed invalid, void, or unenforceable in any respect, the validity or enforceability of the remaining provisions shall not be affected or diminished.
The legal remedies provided in the General Terms and Conditions are cumulative and not exclusive of any legal remedies available under the law.
The responsibilities and Liability of the Customer under the General Terms and Conditions shall bind their successors and assigns, including but not limited to heirs and beneficiaries of the Customer.

Force Majeure

The Customer agrees that the Bank is hereby relieved from responsibility for any losses caused by events beyond the Bank's control (force majeure), including but not limited to sabotage, war, natural disasters, riots, government orders, epidemics, pandemics, international conflicts, violence or armed actions, labor disruptions, obstacles or disruptions to the Bank's operations, malfunctions or failures of equipment, or in any other circumstances, where the Bank will not be liable to the Customer or any third party for indirect losses or any consequences arising from or in connection with such delays or negligence.

Official Language

These General Terms and Conditions are made in the Indonesian and English languages. In the event of any dispute arising from differences in interpretation between the Indonesian text and the English text, the Indonesian text shall be considered the official text and shall thus prevail.

Waiver of Article 1266 Civil Code

For the purposes of terminating this General Terms and Conditions, both the Bank and the Customer shall waive the provisions of Article 1266 of the Civil Code to the extent that a court decision is required for the termination of this General Terms and Conditions.

Authority

All authorities granted by the Customer to the Bank under this General Terms and Conditions:

Irrevocability: The authorities granted are irrevocable;
Full Substitution Rights: The Customer allows for full substitution rights;
Full Representation: The Customer authorizes full representation, wherever and for whomever, in all matters related to the powers granted.

The Customer agrees that the authorities granted under this General Terms and Conditions shall not be revoked or terminated as long as the business relationship between the Customer and the Bank exists, and for any reason, including but not limited to those stated in Articles 1813, 1814, and 1816 of the Civil Code.

Applicable Laws and Juridiction

This General Terms and Conditions shall be governed by and construed under the laws of the Republic of Indonesia.
Any legal process related to this General Terms and Conditions shall be filed by the Customer only in the court where the Customer opened their Account or other area designated by the Bank which has jurisdiction over the Bank unless the Bank agrees in writing.

Customer Protection

In order to facilitate Customer Protection, the Customer has the right to:
1. Receive fair and equal treatment from the Bank or Bank’s partner in accordance with applicable laws and regulations
2. Obtain explanations from the Bank regarding the products and/or services offered by the Bank.
3. Submit questions and/or complaints to the Bank through the Communication designated by the Bank as referred in Clause 4.
4. Obtain information on the status of handling complaints submitted by the customers to the Bank.
5. Obtain a pause period for 2 (two) Business Days from the signing of the agreement on certain products and/or services to review the agreement documents and during the pause period, the Customer can cancel the agreement on certain products and/or services in accordance with applicable laws and regulations.
6. Obtain proof of ownership of the Bank’s product and/or service.
7. Obtain openness and transparency of data/information related to the ownership and/or application status of the Bank’s product and/or service
8. Obtain security for customer deposits, funds and/or assets stored in the Bank.
The Customer hereby declares that it acknowledges that the Bank has procedures for service and complaint resolution related to the Bank's services, which can be accessed by the Customer through media designated by the Bank.
The Bank guarantees that every product and/or service provided to the Customer is in accordance with the provisions of the prevailing laws and regulations.

Personal Data Protection

The Customer hereby gives consent and authorizes the Bank to use all data, information, and details obtained by the Bank regarding the Customer, including but not limited to the use of the Customer's personal communication channels for other purposes as long as it is permitted and allowed by applicable laws. For the use of data that requires third-party consent, the Customer hereby declares that they have obtained written consent from any third party for the use of such data, information, and details, and therefore the Customer agree to bear any losses and/or liability in any form including to any other party for any risks, claims, lawsuits, and/or compensation that may arise in the future related to the use of the data, information, and details that have received written consent.
The Bank is obligated to maintain the confidentiality and security of the Customer's personal data and/or information in accordance with applicable laws and regulations.

General Terms & Conditions

GENERAL TERMS & CONDITIONS

PT. Bank Sahabat Sampoerna