1. ZB INTERNET BANKING
1.1. The Bank offers and
the Client accepts the use of ZB Internet Banking, which
enables the Client to conduct, among other services,
inter-account transfers; balance and transaction viewing,
third party payments, bill payments and change the users
or accessing profiles on its side in respect of account(s)
which may be linked to the Internet Banking System by
giving instructions to the Bank via the Client’s personal
computer(s) linked to the Bank’s Central Computer Systems
via the Internet.
1.2. Internet Banking
shall be accessible through the computer or Mobile phones
or any gadget with Internet capability. Where its
mentioned Computer, it shall have same meaning to
incorporate any such gadget or hardware being used by
client for ZB Internet Banking.
2. LINKAGE TO THE NETWORK OF THE BANK
2.1. The Client
undertakes, for purposes of accessing The ZB Internet
Banking, to acquire at its expense, the computer hardware
and operating environment recommended by the Bank.
2.2. The Client shall
ordinarily be able to access the System once its profiles
are set up. However, in cases where the client requires
the Bank’s assistance in rendering the system operative,
the Client undertakes to afford the Bank, its officers or
agents access to its premises.
2.3. The Bank shall
provide a user password and user ID to the Client, who
undertakes to immediately change such password to its own
exclusive password(s) that shall enable it to access the
ZB Internet Banking site the first time it logs on to the
2.4. Whilst the Bank shall
use its best endeavors to provide the ZB Internet Banking
service on a daily basis, certain services and
instructions that include funds transfers to third parties
who bank with other banks other than ZB Bank shall be
effected by the Bank during normal banking hours or on the
next working day. Notwithstanding any provision to the
contrary contained herein/the Bank may temporarily suspend
and/or terminate the service at any time and without prior
notice to the Client in circumstances beyond its control.
3. TARIFFS AND FEES
3.1. The client hereby
undertakes to pay to the Bank such tariffs, levies, stamp
duties and service fees that are charged by the Bank from
time to time in accordance with the stipulated tariffs.
4.1. The Client authorizes
and instructs the Bank in compliance with the instructions
given through the Clients personal computer and/or mobile
device and within the marked limits to:
debit and/or credit its account(s) and/or third party
account(s) with such sums as per instructions;-
transfer funds from and to its other account(s) and/or
third party account(s)
provide it with information regarding its account(s)
including, but not limited to account balances and limits
applicable from time to time;
make predefined payments in accordance with written
instructions by the Client;
make user-defined payments on an ad-hoc basis;
to effect instructions given by the client through the
completed forms and/or self registration process available
under this facility.
4.2. The parties agree
that all instructions issued by the Client to the Bank
shall be deemed irrevocable and any alleged fraudulent
instructions shall be deemed to be the responsibility of
the Client unless negligence on the part of the Bank is
4.3. The Client accepts
and agrees to repay to the Bank a penalty fee plus the
excess amount and interest thereon on such amounts as may
exceed the credit balance and/or the marked limit arising
as a result of the debit entry on its account due to its
5.1. The Client undertakes
to exclusively control and restrict access to its Internet
Banking facility through the minimum recommended security
safeguards provided by the Bank in terms of Clause 7
hereto. The provisions of Clause 2.4 shall apply hereto.
5.2. The Client confirms
that it has fully acquainted itself of the required
security measures and administrative functions as
recommended by the Bank in Terms of Clause 7 hereto, prior
to the operation of the Internet Banking System. The terms
and conditions which apply to ATM cards also apply to ZB
6. BREACH AND TERMINATION
6.1. This agreement shall
remain in force and effect for an indefinite period until
terminated as provided herein.
6.2. In the event that a
material breach of the Terms and Conditions is committed
by either party; including an order of attachment of
assets, a provisional or final order for sequestration or
liquidation or an order for judicial management; the other
party shall call upon the defaulting party to make good
the default, within 48 hours of a written notice to the
other party, provided the Client shall remain liable to
the Bank for any tariffs, fees, costs, levies, stamp
duties, taxes, etc.
6.3. The parties hereto
agree that the termination of this agreement shall not
prejudice the validity and enforceability of the
indemnities given by the Client.
7. DETERMINATION OF RISK AND INDEMNITY
7.1. The Bank shall not be
liable for any damage that the Client may sustain as a
a) The malfunctioning of the Client’s
hardware and software;
b) Malfunctioning and/or
delays of the Internet Banking system due to vis major;
Any major or, off-line situations or any other defect in
the computer system of the Bank, that is beyond its
d) The incorrect and/or late execution of
any instructions of the Client as a result of any of the
circumstances mentioned herein above.
e) Losing his
password, ATM card or both to a third party resulting in
unauthorized access to the operative accounts.
7.2. Either party hereto
undertakes to ensure that all computer software and
hardware under its direct supervision and control shall be
free from computer viruses.
Warranties and Undertakings; The Client indemnifies and
holds the Bank harmless against any claims for damage or
loss resulting from computer error, breach of security,
unauthorized access of Client’s account, which may be
brought against the Bank by any third party arising from
the operation or use of the ZB Internet Banking system.
The client further acknowledges that the Internet Banking
facility shall not be used to perpetrate illegal
activities and money laundering.
7.4. The Client warrants
that and undertakes to limit access to all materials,
documentation, user name and user passwords relating to
the ZB Internet Banking to itself or the appointed and
authorized users, in the case of multiple users. The
Client further warrants that the said user name, user
password and documentation, shall not be disclosed or
released to any third party, without the prior written
consent of the Bank where relevant.
7.5. The Client undertakes
to furnish the Bank with the original mandates with
respect to insurance or other such similar garnishees
designated as defined payments, before instructions to
effect transfers from third party accounts and forwarded
to the Bank.
7.6. The bank reserves the
right to disconnect any given client from the Internet
Banking service or part of its services for any reason at
any given time, and as it may deem fit.
8.1. The Client
acknowledges that the Bank owns and will continue to own
all property rights in the software, documentation and
trade secrets (including but not limited to any new
releases and any parameterisation, modifications or
translations made by the Bank or its agents), and further
acknowledges that the copyright and other industrial
intellectual property and marketing rights in such
software and documentation shall be and shall remain the
sole property of the Bank as aforesaid.
8.2. The Client shall
indemnify the Bank against any claims for damages or costs
incurred by the Bank in consequence of breach of copyright
through release of such documents, software and/or copies
to third parties without the written consent of the Bank.
8.3. The Client undertakes
not to make or allow to be made any copies of the software
or documentation, which the Bank makes available to the
Client without prior written consent to the Bank.
8.4. The Client shall not
effect any modification of the software without any prior
written approval of the Bank.
9.1. The Client
acknowledges that the software and documentation
constitute valuable and confidential property of the Bank
and shall advise all its employees and other persons
having access to the software or documentation
9.2. Each party undertakes
to treat as confidential all non-public information
learned in the course of this relationship relating to the
business, products and services of the other, to protect
that information by using the same care and precautions as
are or ought to be used in keeping confidential
proprietary information. Such non-public information as is
received from the other part shall not be disclosed or
used, directly or indirectly, other than for the purposes
of this relationship.
10. CESSION AND PROTECTION OF RIGHTS
10.1. The parties hereto
agree that no party shall have the right to cede or assign
its respective rights in terms of this agreement to a
third party without the express written approval of the