Al Safa Islamic Banking

Telephone Banking Terms And Conditions

Access and use of the Telephone Banking service is subject to Customer acceptance of and agreement to be bound by the following Terms and Conditions:

DEFINITIONS
“Account” means any account held by the Customer with the Bank
“Bank” means The Commercial Bank of Qatar (Q.S.C.)
“Base Number” means the Customers account number
“Card” means any card issued to a Customer by the Bank, including but not limited to a Debit Card or Credit Card
“Customer” means a customer of Al Safa Islamic Banking, a branch of The Commercial Bank of Qatar (Q.S.C.)
“Instruction” means an order, transaction or request issued by the Customer through Telephone Banking regarding the Customer’s accounts or Card
“Pin number” means a security number provided by the Bank to the Customer to ensure exclusive and secure access to the Customer’s accounts through Telephone Banking
“QCB” means Qatar Central Bank, the banking regulatory authority
“Statement of Account” means a statement sent periodically by the Bank detailing transactions on Accounts
“Telephone Banking” means the telephone banking service offered and maintained by the Bank

AVAILABILITY
1. The Bank will, on a best efforts basis, make available Telephone Banking, however routine maintenance requirements, excess demands on the system and reasons beyond the control of the Bank may cause disruptions in availability of this service.
2. The Bank may suspend any service provided on Telephone Banking or the entire Telephone Banking service without notice where it is necessary or advisable to do so.  Such situations will include but not be limited to an event where there is suspected breach of security and a need for maintenance of the service.

ACCESS
1. To access Telephone Banking the Customer must enter the PIN number and either a Card number or the Base Number.
2. Consecutive incorrect entries of the PIN number will result in the Customer’s Telephone Banking account being suspended.  In the event of such suspension the Customer should contact the Bank’s customer service department to reactivate Telephone Banking.

INSTRUCTIONS
The Customer authorizes the Bank to act on all Instructions received from the Customer or deemed to be received from the Customer through its Telephone Banking account and the Customer irrevocably and unconditionally accepts as binding any such Instruction. 

EXECUTION OF INSTRUCTIONS
1. The Bank will debit the Customer’s account with the relevant amounts according to Instructions together with any applicable fees or charges. 
2. Instructions cannot be reversed without the Bank’s approval. The Bank will not be responsible for any inability to reverse an Instruction.  All costs and expenses incurred in reversing an Instruction shall be for the account of the Customer.
3. Execution of Instructions will be undertaken in accordance with the Bank’s standard policies and procedures.
4. The Bank may, at its sole discretion, refuse to execute an Instruction if the Bank has reason to believe the Instruction is not genuine, is fraudulent or is illegal (in which the decision of the Bank will be final and binding).

TRANSACTION LIMITS
Instructions regarding transactions shall be subject to daily limits per Customer.

FEES AND CHARGES
1. Fees and charges applicable to Instructions can be found in the Bank’s prevailing Tariff of Charges.  Such fees and charges may be amended from time to time at the Bank’s absolute discretion.
2. Currently no fee is charged for the provision of the Telephone Banking service (this does not include Instructions issued through the Telephone Banking service), however, the Bank may in the future at its discretion, introduce such a fee, the cost and implementation of which shall be notified to Customers in writing in advance.

RECORDS AND STATEMENTS
1. No written advice or confirmation will be issued by the Bank for each Instruction executed.  The Bank will periodically (or as otherwise requested by the Customer) issue Statements of Account which shall record transaction Instructions.
2. Instructions will be recorded in accordance with the Bank’s policies and procedures.
3. The Bank’s records of Instructions shall constitute binding and conclusive evidence of such Instruction unless the Customer notifies the Bank otherwise within two (2) weeks of dispatch of a Statement of Account or other confirmation as may be requested by the Customer.

CUSTOMER OBLIGATIONS
1. The Customer is responsible for keeping any information conveyed through Telephone Banking confidential at all times.
2. It is the Customers responsibility, at their own risk, to input correct account details of payment beneficiaries for a transaction Instruction.  The Bank shall not be obliged to verify any such details.
3. The Customer must ensure that (if applicable) there are sufficient funds in the Customer’s account for the Bank to execute Instructions.  If for any reason an account is overdrawn an Instruction for that account will not be executed and any charges incurred pursuant to refusal to so execute will be for the account of the Customer.
4. If the Customer suspects any fraudulent action on or access to the Customers Telephone Banking account or suspects any third party of knowing the Customers Pin number and Card number the Customer must notify the Bank immediately.
5. The Customer acknowledges that Telephone Banking is provided through a third party service and telecommunications provider and the Customer understands that such service and telecommunications are subject to failure, infiltration and hacking by third parties.
6. Telephone Banking shall be used in good faith and in accordance with these Terms and Conditions and must not be abused or used to perpetrate any kind of fraud or illegality.

LIABILITY AND INDEMNITY
1. The PIN number must not be disclosed to anyone. The Customer shall be solely liable for any cost, loss, expense or damage incurred by the Customer due to unauthorized access to the Pin number and the Customer’s accounts via Telephone Banking except upon timely notification to the Bank of such unauthorized access and provided the Bank has had reasonable time to suspend the Customers Telephone Banking account.
2. The Customer shall irrevocably and unconditionally be liable for all Instructions given through Telephone Banking except in accordance with (1) above.
3. The Customer will be solely liable for any misdirected funds (and incidental fees and charges) due to erroneous information given by the Customer in a transaction Instruction.
4. Telephone Banking is provided entirely at the risk of the Customer who shall indemnify and keep indemnified the Bank, its employees, agents, representatives and nominees on a full indemnity basis from and against all actions, claims, proceedings, demands, losses, damages, harm (including direct, indirect or consequential) costs, expenses, charges, taxes, penalties and legal costs and any other liabilities of whatsoever nature and howsoever caused, resulting from access to and the use of any of the services provided through Telephone Banking whether by the Customer or with the Customer’s consent.
5. The Customer shall indemnify, and keep indemnified, the Bank, its employees, agents, representatives and nominees on a full indemnity basis from and against all actions, claims, proceedings, demands, losses, damages, harm (including direct, indirect or consequential) costs, expenses, charges, taxes, penalties and legal costs and any other liabilities of whatsoever nature and howsoever caused, resulting from fraudulent and illegal use of Telephone Banking.
6. The Customer agrees to hold harmless and indemnify the Bank against any loss, cost, damage, expense, liability or proceedings which the Bank may incur or suffer as a result of the Bank acting upon, delaying to act upon, or refraining from acting upon Instructions.

BANKS EXCLUDED LIABILITY
1. The Bank shall not be liable for the security of Card numbers and PIN numbers input during the set up of, and ongoing access to, Telephone Banking.
2. The Bank shall not be responsible or liable in the event Telephone Banking is inaccessible due to reasons beyond the Bank’s control, including without limitation, any computer, telecommunication, electrical, technical or network failure or malfunction.
3. The Bank will not be liable for any loss or damage of whatsoever nature, whether direct, indirect or consequential, to the Customer as a result of making Telephone Banking available and such loss or damage may include without limitation the following:
(a) Acting on a valid Instruction given fraudulently or mistakenly unless timely notified in accordance with the Customers obligations under these Terms and Conditions (in which case the Banks liability shall only extend to actual loss incurred by the Customer);
(b) Failure to act upon an Instruction or to provide services accessible through Telephone Banking for any reason beyond the Bank’s control;
(c) Delay in or complete failure to execute Instructions due the Bank acting in accordance with its standard policies and procedures;
(d) Partial, incomplete, late or failed Instructions due to reasons beyond the Bank’s control;
(e) Customer reliance on information provided and available on Telephone Banking;
(f) Access by a third party to information concerning Customer accounts (except where such access is obtained due to gross negligence or willful default of the Bank; in such an event the Banks liability shall only extend to actual loss incurred by the Customer);
(g) Any amendment to these Terms and Conditions and the Telephone Banking service.
4. The Bank shall not be responsible for any delay in carrying out an Instruction for utility bill payments due to i) incorrect information input by the Customer; or ii) reasons beyond the control of the Bank resulting in either a) disruption of the utility payment transaction; or b) disruption of the utility service. 
5. Information provided by the Bank through Telephone Banking is believed to be accurate and reliable at the time presented, however the Bank can not and does not guarantee the validity and correctness of such information and shall not be liable for any reliance by the Customer on such information; the Customer relies on any information at their own risk.

ANTI-MONEY LAUNDERING
1. The opening of accounts and availing of any facilities offered by the Bank is subject to all information requested by the Bank being provided by the Customer in accordance with QCB Anti-Money Laundering regulations and the Bank’s policies and procedures.  If the information criteria are not met or prove to be incorrect or fraudulent the Bank is under no obligation to, and has the absolute right to refuse to, offer any facilities to the Customer. 
2. In accordance with QCB regulations, the Bank has the right to set aside any funds transferred to Customer's accounts, withdraw facilities, and close Customer accounts held with the Bank in the event of suspicion that such transfers involve money-laundering or terrorism financing and terrorist organizations.  Such events shall be reported immediately to QCB.

MISCELLANEOUS
1. These Terms and Conditions are in addition to the terms and conditions applicable to all Accounts held by, or services and facilities provided to, the Customer.  In the event of a conflict between these Terms and Conditions and other such terms and conditions, these Terms and Condition will prevail in so far as the issue or dispute relates to Telephone Banking.
2. The Bank reserves the right to refuse any application for Telephone Banking at its absolute discretion.
3. Any waiver by the Bank of any breach by a Customer shall not be construed as a permanent waiver and such waivers will not affect adversely the rights of the Bank at any other time.
4. The Bank reserves the right to modify these Terms and Conditions and any information provided on Telephone Banking at any time at its absolute discretion.  Any such amendments shall be binding on the Customer.

TERMINATION
1. The Customer may terminate their Telephone Banking account at any time upon notice to the Bank.
2. The Bank reserves the right to terminate Telephone Banking completely or in relation to any individual Customer at its absolute discretion.
3. Failure by the Customer to comply with their responsibilities and obligations related to Telephone Banking and these Terms and Conditions entitles the Bank to terminate the Customers Telephone Banking account and withdraw the Telephone Banking service.
4. Upon termination of the Telephone Banking service or a Customers Telephone Banking account, the Customer shall be liable for all payments and applicable and incidental fees and charges pursuant to Instructions issued up to and including the effective date of termination.

GOVERNING LAW
These Terms and Conditions, access to Telephone Banking and use of the services provided therein shall be governed by and construed in accordance with all applicable laws of the State of Qatar.  The Customer agrees to submit to the non-exclusive jurisdiction of courts in Qatar.  The Bank reserves the right to pursue its remedies outside the State of Qatar in the courts of any other competent jurisdiction considered appropriate.