Terms and Conditions for Karnataka Bank’s RTGS Facility-MoneyQuick.
Karnataka Bank shall endeavour to provide to the Customer, the Karnataka Bank RTGS Facility – "MoneyQuick" (as defined hereinafter) subject to the Terms and Conditions herein specified.
In these Terms and Conditions the following words and phrases shall have the meanings set opposite them unless the context indicates otherwise:
"MoneyQuick" means RTGS facility offered by Karnataka Bank.
"MoneyClick" means Internet Banking facility offered by Karnataka Bank.
“RBI” means the Reserve Bank of India.
"Account(s)" refers to the Customer's bank account(s) maintained with Karnataka Bank, to be used for payments through RTGS, in addition to regular banking operations.
“Business Day” for any branch/office of Karnataka Bank shall mean a day other than (i) Sunday and any public holiday (ii) a day on which RBI does not provide RTGS, or (iv) a day on which normal business cannot be transacted due to storms, floods, bandhs, strikes etc.
"Customer" shall mean the applicant/remitter availing MoneyQuick facility.
"Bank" means Karnataka Bank Limited, a company incorporated under the Indian Companies Act, 1913 and having its registered office at Mahaveera Circle, Kankanady, Mangalore – 575 002, herein after called the Bank, (which expression shall, unless it is repugnant to the subject or context thereof, include its successors and assigns).
“Regulations” shall have the meaning given to that term in clause 2 of these Terms and Conditions and shall include RTGS (Membership) Business Operating Guidelines, 2004 and RTGS (Membership) Regulations, 2004.
"RTGS" means the Real Time Gross Settlement System of RBI.
“RTGS (Membership) Business Operating Guidelines, 2004” shall mean the Real Time Gross Settlement System Business Operating Guidelines, 2004 issued by RBI, and any amendment/modification of the same from time to time. “RTGS (Membership) Regulations, 2004” shall mean the Real Time Gross Settlement System (Membership) Regulations, 2004 issued by RBI, and any amendment/modification of the same from time to time. Hereinafter the above guidelines and regulations will be collectively referred to as the “Regulations”.
"MoneyQuick Request application or RTGS Request" means an unconditional instruction issued by the Customer to the Bank, in form, manner and substance as Bank may prescribe or require including Internet Banking channel, to effect a funds transfer for a certain sum of money expressed in Indian rupees, to the designated account of a designated beneficiary in India with a scheduled bank, that shall be effected by debiting the Account of the Customer.
All references to singular include plural and vice versa.
All references to any gender shall include the masculine and also the feminine as well as neutral gender.
“Words or expressions used in these Terms and Conditions, but not specifically defined herein shall have the respective meanings assigned to them by the Bank or RBI from time to time”.
2. Applicability of Terms
To avail / use the facility of MoneyQuick, a Customer shall submit to the Bank an RTGS Request. The Bank shall be entitled, at its sole discretion, to accept and process or reject such RTGS Request.
The Terms and Conditions shall be in addition to and not in derogation of the Terms and Conditions relating to any account of the customer and the Terms and Conditions governing the MoneyClick, regulations, circulars, orders, notifications, press releases, instructions issued by RBI from time to time, including the aforesaid regulations and any practices and / or policies followed by the Bank from time to time The Customer hereby acknowledges that the Customer has read and understood the Regulations and agrees that the rights and obligations provided therein and in these Terms and Conditions in so far as it relates to the Customer shall be binding on him / it with regard to every RTGS Requests made by him / it.
The Customer understands and agrees that availing the facility of MoneyQuick shall not be construed as creating any contractual or other rights with or against RBI or any other participant in the RTGS other than Bank.
Bank shall have no obligations to any person including any beneficiary (or any person claiming under or through such beneficiary) other than the Customer, for the execution of any RTGS Request. All obligations of the Bank to the Customer in relation to any RTGS Requests shall cease upon the execution of the RTGS Request.
Notwithstanding anything contained herein, all terms and conditions stipulated by the Bank in connection with the customer’s Accounts shall continue to apply.
3. Scope of RTGS
RTGS is a payment system in which both processing and final settlement of fund transfer instructions happens on real time basis. It is a gross settlement system where transfers are settled individually, i.e. without netting debits against credits. RTGS effects final settlement continuously rather than periodically and the settlements are immediate, final and irrevocable.
4. Rights and Obligations of the Customer
- (i) The customer shall be entitled, subject to the regulations and the Bank’s practices, to issue MoneyQuick Requests.
- (ii) The customer shall submit the MoneyQuick Request in the prescribed format from time to time, which is complete in all respects. The Customer shall be responsible for the accuracy of the particulars given in the Request and shall indemnify the Bank against any loss arising on account of any error in his MoneyQuick Request.
- (iii) Any MoneyQuick Request executed by the Bank if the Bank had executed the request in good faith and in compliance with the security procedures shall bind the customer.
- (iv) The customer shall ensure availability of sufficient funds in his account properly applicable to the MoneyQuick Request before/at the time of execution of the request by the Bank. Where however, if the Bank executes the RTGS request without properly applicable funds being available in the customer’s account, the customer shall be bound to pay to the Bank the amount debited to his account for which an RTGS was executed by the Bank pursuant to his request, together with interest and charges.
- (v) The customer agrees that the MoneyQuick request shall become irrevocable when it is executed by the Bank.
- (vi)The customer agrees that in the event of any delay in the completion of the Funds Transfer or any loss on account of error in the execution of the Funds Transfer pursuant to a MoneyQuick Request, the Bank’s liability shall be limited to the extent of payment of interest at the Bank rate for any period of delay in the case of delayed payment and refund of the amount together with interest at the Bank Rate upto the date of refund, in the event of loss on account of error, negligence or fraud on the part of the Bank.
- (vii) The customer shall forthwith report to the Bank any discrepancy in the execution of a MoneyQuick Request by the Bank. The Customer agrees that, in any event, he / it shall not be entitled to dispute the correctness of the execution of the Request or the amount debited to his Account, after five Business Days from the date of the MoneyQuick Request.
- (viii) The customer agrees that no special circumstances shall attach to any MoneyQuick request executed under the RTGS facility and under no circumstances customer shall be entitled to claim any compensation in excess of the amount that is provided in clause (vi) above.
- (ix) The Bank shall have the sole discretion to decide on the cut-off time for transmitting the settlement instructions. MoneyQuick Request received after cut-off time or on RTGS Holiday shall be executed on the next RTGS Business Day.
- (x) The Customer agrees that he/it is aware that there is a risk of non – payment to the beneficiary on the day of the transaction. The same may be for any reason whatsoever, including a holiday at the beneficiary’s branch. The Bank or RBI or any other participant in the RTGS shall not be liable, in any manner whatsoever, to the Customer for any such delay.
- (xi) The Customer agrees and understands that the MoneyQuick Request is not a negotiable instrument. It is merely an instruction to the Bank to debit the designated Account and credit the beneficiary’s account using RTGS. The Customer agrees that the Bank shall have no obligations to any person including any beneficiary (or any person claiming under or through such beneficiary) other than the Customer, for the execution of a MoneyQuick request.
- (xii) The Customer agrees that instructions for making payments through the RTGS shall be accepted only in the form of an RTGS Request. If subsequently the Bank allows payment instructions to be made in any other mode and the Customer wants to avail of such modes, the Customer agrees to abide by such terms and conditions as the Bank may stipulate for such modes.
- (xiii) By availing MoneyQuick facility, the customer shall be deemed to have acknowledged and accepted these Terms and Conditions and shall be binding under the process of RBI – RTGS Scheme. The Customer also agrees to enter into, make, sign, execute, deliver, acknowledge and perform any agreement, deed, writing or thing that may in the opinion of the Bank be necessary, proper and expedient for the aforesaid purpose. These Terms and Conditions will be in addition to and not in derogation of the terms and conditions relating to any account of the customer or the Terms and Conditions governing the Internet Banking service of the Bank.
5. Rights and obligations of the Bank
- (i) The Bank shall execute a MoneyQuick Request issued by the customer duly authenticated by him and as verified by the security procedure, unless:
- a) The funds available in the account of the customer are not adequate or properly applicable to comply with the Request and the customer has not made any other arrangement to meet the payment obligation.
- b) The MoneyQuick Request is incomplete or it is not issued in the agreed form
- c) The MoneyQuick Request is attached with notice of any special circumstances.
- d) The Bank has reason to believe that the MoneyQuick Request is issued to carry out an unlawful transaction
- e) The Request cannot be executed under RBI RTGS scheme or any other valid reasons.
- f) The customer’s account is attached under provisions of any law.
- (ii) No MoneyQuick Request issued by the customer shall be binding on the Bank until the Bank has accepted it. An acknowledgement of receipt of the Request shall not be construed as binding the Bank to execute the same, other than in terms of these Terms and Conditions and the right reserved by the Bank to reject or refuse to carryout of any MoneyQuick Request. The Customer agrees that no prior or written intimation or notice of such refusal or rejection needs to be provided by the Bank.
- (iii) The Bank shall, for execution of every money quick request, has the discretion to select and execute any one or a few among various money quick and other payment instructions of the customer, if the available balance in the account is not sufficient to execute all the orders.
- (iv) The Bank shall, for execution of every MoneyQuick Request, be entitled to debit the designated account of the customer, the amount of the funds transferred together with charges payable thereon, whether or not the account has sufficient balance.
- (v) If the RGTS is not complete before the close of the business of the same day, the Bank shall advise the customer before the closure of the business on the next RTGS business day.
6. Fees and / or Charges
The Bank will levy fees and / or charges for use of MoneyQuick facility, which will be notified to the customer from time to time. Any change in the fees and / or charges will be notified by hosting the same on Bank’s web page. The said charges shall be in addition to any charges, which the RBI may levy on any given transaction.
The Customer confirms that all the persons authorized to operate the Account at Branch or thro’ Internet Banking channel are also authorized to issue MoneyQuick Request to the Bank.
The Customer is responsible for the accuracy and authenticity of the instructions provided to the Bank and the same shall be considered to be sufficient to execute the MoneyQuick Request. The Bank shall not be required to independently verify the instructions.
The Bank has no liability if it does not or is unable to stop or prevent the execution of any instruction revoked by the Customer. Where the Bank considers the instructions to be inconsistent or contradictory, it may at its discretion either (i) seek clarification from the Customer before acting on the instruction or (ii) act upon any such instruction as it thinks fit.
The Bank shall not be liable for any loss or damage arising or resulting from delay in transmission delivery or non-delivery of Electronic messages or any mistake, omission, or error in transmission or delivery thereof or in deciphering the message from any cause whatsoever or from its misinterpretation received or the action of the beneficiary Bank or any act or event beyond it’s control.
The Bank shall not be under any obligation/duty to assess the prudence or otherwise of any instruction. The Bank has the right to suspend the operations through the it’s RTGS Facility-MoneyQuick if it believes that the Customer’s instructions will lead to or expose the Bank to direct or indirect loss or may require an indemnity from the Customer in such form, substance and manner as it deems fit before continuing to operate the MoneyQuick RTGS Facility.
All instructions issued by the Customer, are the sole responsibility of the Customer.
MoneyQuick Request/s received after cut-off time will be executed by the Bank on the next RTGS business day. There shall be no RTGS on Sunday and common holidays across the country (as declared by the RBI).
8. Sharing of Information
The Customer irrevocably and unconditionally authorises the Bank to access all the Customer’s Accounts and records for the purpose of providing the RTGS Facility. The Customer agrees that the Bank may hold and process his/its personal information and all other information concerning RTGS Requests and / or its Account(s) on computer or otherwise in connection with the MoneyQuick RTGS Facility as well as for analysis, credit scoring and marketing etc.
9. Disclaimer of Liability
The Bank does not hold out any warranty and makes no representation about the quality of the RTGS Facility. The Customer agrees and acknowledges that the Bank shall not be liable and shall in no way be held responsible for any damages whatsoever, whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer and processed by the Bank, information provided or disclosed by the Bank regarding Customer’s Accounts or any loss of any character or nature whatsoever, and whether sustained by the Customer or by any other person.
The Bank shall endeavour to execute and process the transactions as proposed to be made by the Customer promptly but shall not be responsible for any non-response or delay in responding due to any reason whatsoever, including due to failure of operational systems or any requirement of law.
The Bank shall not be liable for any unauthorized persons accessing the records and / or Accounts / information through the use of RTGS Facility and the Customer hereby fully indemnifies and holds the Bank harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. The Bank shall under no circumstance, be held liable to the Customer if the RTGS Facility is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of the Bank.
Illegal or improper use of the RTGS Facility shall render the Customer liable for payment of pecuniary charges or penalties, which the Bank may at its sole discretion, decide or may result in suspension of the MoneyQuick RTGS Facility to the Customer. The Customer hereby also agrees to fully indemnify and hold the Bank and its subsidiaries and affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
All the records (including electronic records) of the Bank generated by the transactions arising out of the use of the RTGS Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. For the protection of both the parties, and as a tool to correct misunderstandings, the Customer understands, agrees and authorises the Bank, at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations (if any), e-mail notifications or automated electronic transmission between the Customer and the Bank and any of its employees or agents or instruction provided by the Customer to the Bank.
The Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the MoneyQuick RTGS Facility.
The Customer agrees, at its own expense, to indemnify, defend and hold harmless the Bank and any of their directors, employees, representatives and / or agents against any claim, suit, action or other proceedings brought against them by a third party, to the extent that such claim, suit, action or other proceedings brought against such person is based on or arises in connection with any action of the Customer, including but not limited to:
- (i) a violation of the Terms and Conditions by the Customer;
- (ii) any use of the MoneyQuick RTGS Facility by the Customer;
- (iii) any misrepresentation or breach of representation or warranty made by the Customer contained herein;
- (iv)any breach of any covenant or obligation to be performed by the Customer hereunder;
The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The Customer hereby agrees that under all circumstances, the Bank’s aggregate liability for claims relating to the MoneyQuick RTGS Facility, whether for breach or in tort shall be limited to the transaction charges / fees or consideration paid by the client within the previous twelve (12) months for the service, excluding any amount paid towards transactions.
The Bank shall be entitled to sell, assign or transfer it’s right and obligations under this Agreement to any person of Bank’s choice in whole or in part and in such manner and on such terms and conditions as the Bank may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other concerned persons.
The Customer, its successors and assigns are bound by the terms of this Agreement. However, the Customer shall not be entitled to transfer or assign any of its rights and obligations under this Agreement.
13. General Conditions
The terms and conditions and/or the operations in the Account(s) maintained by the customer with the Bank and the usage of MoneyQuick RTGS facility shall be governed by the laws of India. Any legal action or proceedings arising out of these Terms and Conditions or in relation to the RTGS Facility shall be brought in the courts or tribunals at Mangalore in India. The Bank may, however, in their absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction.
The Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the Account to the extent of all outstanding dues, whatsoever, arising as a result of the MoneyQuick RTGS Facility extended to and/or used by the Customer.
The Customer agrees and understands that RBI may terminate, modify, assign the provisions of the Bank’s RTGS Facility and the Customer shall abide by the same.
The customer agrees and undertakes that the Bank’s RTGS Facility will not be used for any Money Laundering activity.
The Bank also has the absolute discretion to amend or supplement any of the Terms and Conditions as stated herein at any time. By using the services after any such modification made by the Bank, the Customer shall be deemed to have accepted the changed Terms and Conditions.
Notices under these Terms and Conditions to the Customer may be given in writing by delivering them by hand or by sending them by post to the last address given by the Customer or thro’ electronic mail or Bank’s website “www.karnatakabank.com” and in case of the Bank to its Registered Office address as set out hereinabove. Such notices will have the same effect as a notice served individually to each Customer. Notice and instructions will be deemed to have been served after 7 days of posting or upon receipt in case of hand delivery, cable, telex or facsimile.
Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms and Conditions or affect such provision in any other jurisdiction.