Instant Accounting - Terms and Conditions
(Last Updated: 4 December 2009) Instant Accounting
Instant Accounting (the "Product") is an online accounting product
that is available to Bank customers, which automatically generates financial
statements and reports using the customer's electronic Bank statements.
This means that a user 's books are always up to date and s/he can check
on his/her books and the performance of his/her business at anytime,
anywhere via the Internet. For a detailed description of the functions
and capabilities of the Product, visit the Product link located on
www.fnb.co.za (the "Website"). Acceptance
The Product is brought to you by FirstRand Bank Limited ("us",
"we", "the Bank"), an authorised Financial Services and
Credit Provider (NCRCP20). These terms and conditions (the "Terms")
govern our respective rights and obligations when you use the Product and
come into effect when you register for the Product. By making use of the
Product, you admit that you have read, understood and agreed to these Terms,
and that you have consented to us sharing certain of your personal information
within the Bank in the ordinary course of our business of providing the
Product to you. Amendments to these Terms
We may amend these Terms from time to time. If you use the Product after
we have posted an amended version of these Terms on the Website,
we will be entitled to assume that you have agreed to be bound to
the amended version of the Terms and you will be deemed to have
accepted such amended version. For convenience only, the date on
which these Terms were last amended is shown below the main heading
of these Terms. Access codes For security,
identification and verification purposes, when using the Product,
you will make use of a variety of access codes for different purposes,
such as your Bank account number, your Product user name and Product
password. These are collectively referred to herein as your "access
codes". You must take utmost care to keep your access codes secret.
Do not disclose your access codes to any other person and do not keep
access codes together with other Product documents. If you call the
Product helpline, we may ask you for certain information such as your
account number and/or identity number. However, there will never be a
reason for anybody, including our staff, to know your Password.
You must keep any reference number they give you as proof of the
fact that you have notified us of your security risk.
If you believe your access codes have been compromised, you must
immediately contact call-centre on 087 312 5220
and request that they deactivate your access codes or you
can reset your access codes yourself on the Website.
Until you notify us to deactivate your access codes we will not be
responsible for any use of the Product performed without your
knowledge or consent or any loss you suffer as a result.
Registration for use of the Product In order to register
for and use the Product, you must first have an active
Bank business cheque account. In order to register for the
Product, you need to follow the registration procedures set
out on the Product description page on the Website.
For more information you can call the call-centre on
087 312 5220. Fees and Packages
The Product is free to all Bank clients who have a
FNB business account. This includes free use of the Product,
free telephonic set-up and support and free access to historical
data (data is available on existing business accounts
from 1 January 2006). Details of what you will receive once you
register for the Product are set out and further explained on
the Product description page on the Website. We reserve the right
to re-introduce a charge for the use of the Product at our
sole discretion at any time. Any fees introduced or any subsequent
changes to the prices will be published on the Website and
will become effective on the first day of the month following
the month during which the change is notified on the Website.
If you continue to use the Product after any introduction of
any charge or any change to the prices, you will be deemed to
have accepted such amended prices. Cancellation
You can cancel your subscription for the Product
at any time by emailing us at fnbqwill@fnbcommercial.co.za
or by phoning our call centre (087 312 5220) between
the hours of 08h00 and 17h00 on weekdays. If you notify us t
hat you wish to cancel your subscription, your cancellation
will be made effective within 48 hours. Your
instructions You are solely responsible for providing
correct information and instructions when registering for the
Product and when conducting transactions via the Website.
Requirements In order to use the
Product you agree that you must: (i) provide for your
own access to the World Wide Web and pay any service
fees associated with such access; (ii) provide all
equipment necessary for you to make such connection to
the World Wide Web, including a computer and modem; and
(iii) have Internet Explorer version 7
(or any later version of Internet Explorer)
or Firefox version 2 (or any later version of Firefox)
installed on your computer in order for the Product to
function optimally. Privacy We respect
your privacy and your personal information. For this reason, we have prepared a Privacy Policy to
let you know how we will treat any personal information that we may have about you. We will take all
reasonable measures, in accordance with our Privacy Policy, to protect your personal information and
to keep it confidential, even when you are no longer our customer. We shall not be liable in any
way for any breach or invasion of your privacy by any third person and/or where any third person
becomes aware of your personal information, which occurs for any reason other than as a result of
us willfully breaching our Privacy Policy and/or willfully distributing any of your information to such third person. Security Information that is transmitted over the Internet or via other networks (wireless or otherwise) may be subject to interception. While we will take all reasonable precautions to ensure that the Product is secure, we cannot be liable for any loss or damage you suffer as a result of any interception of any of your information howsoever arising. You should regularly read the security tips which we publish on the Website and take the precautions mentioned therein. If you want to prevent others from reading any email we send you, you must set up your own password protection on your system at home or work. Please visit our Security Centre for more information. Disclaimer You expressly agree that the use of the Product is at your sole risk. The Bank provides no warranties, representation, guarantees or undertakings of any kind, whether express or implied, in respect of the Product including in respect of the performance, quality, security, content, information, availability, accuracy, safety or reliability of the Product. Without derogating from the generality of the aforegoing: (i) the Product does not produce automated audited financial statements or tax returns and does not ensure compliance with auditory, legal and tax requirements in terms of the law; and (ii) FNB provides no warranties as to the correctness or accuracy of any accounting records that are produced using the Product and does not warrant that the use of the Product should be used as a substitute by you for obtaining accounting, auditing, financial, legal or tax advice where necessary. Limitation of liability Although we have taken reasonable care to prevent harm or loss to you, we are not liable for any harm, damage or loss whatsoever, including, without limitation, loss of use, incidental, consequential or exemplary damages, arising as a result of your use of the Product unless such loss or damage arises from our gross negligence or intentional misconduct. This includes your inability to use the Product including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute, delict. Without derogating from the generality of the aforegoing, we are not liable for: - any damages which you suffer as a result of a compromise of your access codes;
- any interruption, malfunction, downtime or other failure of the Product, our banking system, third party system, databases or any component part thereof for whatever reason;
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
- any event over which we have no direct control.
You furthermore indemnify us fully against any claims by third parties or loss suffered by us arising from your use of the Product. Links to third party websites For your convenience, the Website may contain links to the websites of other parties ("third party websites"). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites Intellectual Property in the Product You acknowledge and agree that (i) we and/or our partners and/or our affiliated companies own all intellectual property rights in and to the Product, and that the unauthorised use thereof is expressly prohibited; and (ii) in subscribing for and using the Product, you are granted a limited licence to use the Product strictly in accordance with these Terms but are not granted any further licence or proprietary rights in and to the Product or any intellectual property associated with the Product and nothing herein should be construed as granting you any such rights. Using content from our Website The content on the Website, including all registered and unregistered trade marks, constitutes our intellectual property rights. You may not establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise ("linking") to this Website or any other subsidiary pages without our prior written consent, which consent is at our sole and absolute discretion. You may apply to establish such a link by submitting your request to info@FNB.co.za. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected. Notices, confirmation and statements You agree that publishing a notice on our Website or sending you a notice by way of email, SMS or post will constitute sufficient notice to you. Should you fail to raise an objection with us within 5 (five) hours after we sent you a notice (including by SMS) confirming a transaction or the changing of any setting of the Product, you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects. Availability of the Product The Product may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. We shall not be liable for any inconvenience, delay, damage, losses or harm that you may suffer as a result of any temporary unavailability of the Product. Modification, suspension or termination of the Product We may modify, suspend, terminate or discontinue providing the Product at any time at our sole discretion. We will however, notify you of this within a reasonable time of these changes being made and shall use reasonable efforts to minimize any such disruption. We shall not be liable for any inconvenience, delay, damage, losses or harm that you may suffer as a result of any such modification, suspension, termination or discontinuance of the Product. Code of Banking Practice We subscribe to the Code of Banking Practice which will apply to our relationship with our customers who fall within the ambit of the Code. Submitting a complaint to us If you wish to lodge a complaint, please notify us in writing of this by completing our Feedback Form. We will provide you with a reference number as soon as possible after we receive your Feedback Form. We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at 087 312 5220 to check whether your complaint has been received. Please quote your reference number when you contact us directly. Disputes which cannot be resolved If we cannot resolve your complaint within a reasonable time you are free to lodge a formal complaint at the office of the Banking Ombudsman, provided that your complaint falls within the jurisdiction of the Banking Ombudsman. For more information on how this process works, please visit www.obssa.co.za Address for legal notices All legal notices relating to the Product which are sent by: (i) you to the Bank must be delivered at the address provided for in the agreements and forms completed at the time you applied for your FNB cheque account. Where such address is not specified, these must be sent to our Registered Address; (ii) the Bank to you, will be sent to any of the addresses you have specified on any of your Bank cheque account application/registration forms or at any other address on our systems furnished to us by you or at the physical address at which you actually work or live. The law governing our relationship These Terms are subject to the laws of the Republic of South Africa. Accessing the Product from another country may be an offence in that country. You agree that use of the Product outside South Africa will be at your own risk. General The headings appearing in these Terms are inserted for convenience only and will not be taken into account when interpreting these Terms. Where dates and times need to be calculated in terms of these Terms, the international standard time (GMT) plus 2 (two) hours will be used. The cooling-off rights, as set out in section 44 of the Electronic Communications and Transactions Act 2002, do not apply to any financial services or transactions conducted by way of the Product. The failure or delay on our part to exercise any of our rights will not constitute a waiver by use of such right. A certificate issued by our Website administrator will serve as proof of which version of these Terms as applied to your use of the Product at a specific date. Write to us Do you have a suggestion, enquiry, compliment or complaint about this product or us in general?
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