Regulations governing KBC

Regulations governing KBC-Mobile Banking
These regulations were registered in Leuven on 11 December and are effective from 16 December 2014
until further notice.
This publication contains 7 pages.
These regulations and accompanying annex govern the contractual relationship regarding KBC Mobile Banking between
the contracting party and the bank and set out the terms and conditions for the exchange of information and orders using
that form of mobile banking.
These regulations and accompanying annex also supplement the General Banking Terms and Conditions of KBC Bank
NV. together with the rates and charges notified in accordance with Article I.32 of the General Banking Terms and Conditions of KBC Bank NV and the KBC Mobile Banking pre-contractual information sheet, they constitute the framework
agreement.
De contractant heeft tijdens de contractuele looptijd het recht om de voorwaarden van deze raamovereenkomst op papier of een andere duurzame drager te vragen.
1
The contracting party declares that he has read all documents forming part of the framework agreement and explicitly
agrees to be bound by them when registering for KBC-Mobile Banking.
1
Whenever in this document the masculine gender is used, it shall be taken to include the feminine and neuter.
Definitions
The bank or KBC: KBC Bank NV.
Payment transaction: An action initiated by the contracting party to transfer or withdraw money, more particularly
using credit transfers, in euros or in a currency of a Member State of the European Economic Area (EEA), where
the payer’s bank and the beneficiary’s bank are, or the
only bank involved in the payment transaction is, established in the EEA. Notwithstanding the application of
these regulations, the special terms and conditions for the
execution of payment transactions (e.g., requirements
regarding format, acceptance method, execution times,
rules regarding value dating, etc.) are laid down in the
General Banking Terms and Conditions and in the special
regulations applying to specific payment services and
payment instruments.
Order: A payment or other transaction initiated by the
contracting party and any instruction for acceptance of an
agreement with the bank.
Contracting party:
Any private individual resident in Belgium who enters into
a KBC Mobile Banking agreement. KBC Mobile Banking
is only available to clients of the bank. The contracting
party is also any party that uses KBC Mobile Banking.
Agreement: The KBC Mobile Banking agreement.
KBC Mobile Banking, KBC Mobile Banking app or
KBC Banking: The set of procedures agreed between
the contracting party and the bank that provide access to
the services of KBC Mobile Banking on the contracting
party’s own device and enable the contracting party to
use mobile banking.
Bank branch: The KBC branch where the contracting
party holds his accounts.
Card: The KBC Bank Card that the contracting party uses
in combination with the card reader and his secret code to
sign certain orders. Use of the card is governed by the
KBC Bank Card Regulations.
Card reader: Equipment that, in combination with the
card and secret code belonging to the card, generates
new codes that the contracting party can use to sign
orders.
Means of access and signature tools: The PIN, the
card reader and the secret code belonging to the card.
The contracting party gains access to KBC Mobile Banking by means of his PIN. He can sign certain orders using
his PIN and other orders using his card reader, card and
secret code. The contracting party can learn more about
means of access, signature tools and the security of
KBC Mobile Banking at m.kbc.be/mobile.
Device: The mobile apparatus the contracting party uses
to access KBC Mobile Banking. Requirements for the
device are given at m.kbc.be/mobile.
Services: The present and future services made available to the contracting party through KBC Mobile Banking
and which are detailed further at m.kbc.be/mobile.
PIN: A personal, confidential identification code that enables the contracting party to identify himself in order to
access KBC Mobile Banking. The contracting party can
also use the PIN to sign certain orders. The contracting
party must choose a PIN when first logging into
KBC Mobile Banking.
Information provided by third parties
The contracting party can use KBC Mobile Banking to
view information made available by third parties, whether
pursuant to legal obligations or otherwise. For instance,
he can display an overview of the credit cards provided to
him by KBC Consumer Finance NV. The bank is not liable
for any error, incompleteness or inaccuracy in information
provided by third parties. Nor can this external information
give rise to any obligation on the bank's part.
Terms and conditions of use
1.
1.1 Access to KBC Mobile Banking
The KBC Mobile Banking app is activated once it has
been downloaded from the app store and upon its first
being used. The bank may immediately terminate access
to KBC Mobile Banking without notice if the contracting
party does not log into KBC Mobile Banking for an uninterrupted period of six months or does not install two or
more consecutive updates.
Zetel van de vennootschap: KBC Bank NV – Havenlaan 2 – 1080 Brussel – België
BTW BE 0462.920.226 – RPR Brussel – FSMA 026256 A
Een onderneming van de KBC-groep
AA0972
V11-2014
-/-
P. 1/7
Access to KBC Mobile Banking – Availability
1.2 Availability of KBC Mobile Banking
The
bank
guarantees
the
continuity
of
KBC Mobile Banking and related services to the best of
its ability. It will take requisite measures to safeguard the
security of its systems. The bank may interrupt the services for the maintenance of existing hardware and softsoftware or to install new software versions, provided that
such interruptions are not of unreasonable duration. Such
interruptions do not entitle the contracting party to any
compensation.
1.3 New versions of KBC Mobile Banking
The contracting party declares that he is aware that
KBC regularly releases new versions of KBC Mobile
Banking (hereinafter referred to as ‘updates’). The contracting party will be notified when updates are available
in the app store for his device and given a summary of the
main changes. The contracting party undertakes to familiarise himself with these changes before installing an
update. The contracting party also undertakes not to
install an update if he does not agree with the changes it
entails. The contracting party declares that he is aware
that he cannot use a previous version of
KBC Mobile Banking once he has installed an update and
that he should not install an update if he wishes to use an
older version of KBC Mobile Banking. When the contracting party installs a new version of KBC Mobile Banking
and uses it for the first time, he receives a summary of the
changes and must declare that he accepts them.
2.
Identification of the contracting party to
access and use KBC Mobile Banking
The contracting party must use the means of access and
signature tools provided to identify himself when logging
into KBC Mobile Banking and sign orders. The first time
the
contracting
party
logs
in
using
the
KBC Mobile Banking app, he must register to use
KBC Mobile Banking. At the time of registration, the contracting party must confirm that he agrees to:
(i) the provisions of the framework agreement,
(ii) the selected limits and
(iii) the chosen PIN.
He does so using his card and card reader. If the contracting party wishes, he may choose a new PIN in the
KBC Mobile Banking app. If the contracting party enters
an incorrect PIN three times in a row, access to
KBC Mobile Banking will be blocked. In that case he will
need to request a new PIN using the KBC Mobile Banking
app.
3.
Services linked to KBC Mobile Banking
The contracting party can see a list of the services linked
to KBC Mobile Banking at m.kbc.be/mobile and can use
KBC Mobile Banking for a number of purposes, including
viewing and managing his accounts and cards and executing orders. The contracting party acknowledges that:
(i) he received all documents comprising the framework
agreement prior to entering into the agreement,
along with all information regarding the features and
functions of the services provided via KBC Mobile
Banking, allowing him to determine whether they
meet his requirements; and
AA0972
V11-2014
-/-
P. 2/7
(ii)
he may only use the services under the terms and
conditions specified in the framework agreement.
4.
Executing payment transactions
4.1 General
All orders issued to the bank are governed by Article I.16
of the General Banking Terms and Conditions of KBC.
The contracting party irrevocably authorises the bank to
debit his account in the amount of the payment transactions executed via KBC Mobile Banking. Any irregular
debit balance arising on an account as a result of such
debits may not be deemed a grant of credit and must be
cleared immediately by the account holder. Any payment
transactions submitted via KBC Mobile Banking will be
executed by the bank on condition that the status of the
relevant account and the agreements and regulations
governing
the
account
so
permit.
Using
KBC Mobile Banking for sending orders to the bank does
not affect the nature of those orders.
4.2 Signing orders
Orders must be signed using either the PIN or the secret
code in combination with the card and card reader. Payment transactions must always be signed. The
contracting party can find out which orders need to be
signed using which means of access and signature tools
at m.kbc.be/mobile. The contracting party acknowledges
that the means of access and signature tools constitute
an electronic signature that satisfies the legal requirements concerning accountability and integrity of the
content of the order. The contracting party acknowledges
the legal validity of orders initiated using KBC Mobile
Banking and executed by the bank that he signs using his
PIN or using the card reader, card and secret code. This
constitutes valid, adequate proof that the contracting party
agrees with the existence and content of the order. The
contracting party expressly waives the right to challenge
the validity or proof of obligations arising from orders or
payment transactions signed using a PIN, or the secret
code in combination with the card and card reader.
4.3 Cancellation of payment transactions
As soon as the contracting party sends a signed payment
transaction, it is deemed received by the bank. A contracting party making a payment can no longer cancel a
payment transaction via KBC Mobile Banking once it is
received by the bank. To cancel a payment transaction,
the contracting party must contact his bank branch. To
cancel a payment transaction with a specified execution
date, the contracting party may use KBC Mobile Banking
up until the end of the calendar day preceding that execution date.
4.4 Refusal to execute an order
The bank reserves the right to refuse to execute payment
transactions if there are no or insufficient funds in the
account to cover them. If the bank refuses to execute a
payment transaction, the contracting party is notified
accordingly as soon as possible and, if possible, the reasons for the refusal are given. Notice will be given on
paper, in an e-mail sent to the e-mail address provided by
the contracting party, by notification message in the
KBC Mobile Banking app itself, or via another type of
Regulations governing KBC-Mobile Banking
electronic carrier available and accessible to the contracting party.
5.
Spending limits
When submitting orders, the contracting party must adhere to the spending limits that are agreed by the bank
and the contracting party for each type of transaction,
time period, and means of access and signature tools
within the maximum and minimum limits set by the bank.
All these limits are specified at m.kbc.be/mobile (separate
limits apply to minors).
The contracting party or his legal representative may ask
to have limits adjusted within the minimum and maximum
amounts set by the bank. Limits are always subject to and
bounded by the underlying powers under which the contracting party is authorised to act.
6.
Obligations and liability of the contracting
party
The contracting Party must ensure that there are sufficient funds on his account before giving a payment order.
The contracting party must use his means of access and
signature tools in accordance with the terms and conditions of these regulations. The contracting party must
notify the bank forthwith of:
• the loss, theft, falsification or any other improper use of
KBC Mobile Banking and/or his means of access and
signature tools and/or the loss or theft of his device;
• any entries of unauthorised orders and any errors or
irregularities appearing on his statements of account. To
this end, the contracting party must regularly check the
balance of the accounts to which the transactions executed through KBC Mobile Banking relate, as well as the
movements entered on the account.
The contracting party can report such incidents at any
time by telephoning + 32 70 69 00 02. The contracting
party must confirm telephone notifications by sending the
bank written notification within three calendar days.
The contracting party must immediately file a complaint
with the federal police whenever any unauthorised use is
detected. The contracting party is under a duty when
using the card reader to abide strictly by the card holder's
obligations as set down in the KBC Bank Card Regulations. The contracting party undertakes to upgrade his
KBC Mobile Banking app whenever an upgrade is released, and to always use the most recent version of the
app. If the contracting party fails to upgrade in time, the
bank reserves the right to block access to KBC Mobile
Banking. The accuracy of the information provided can
only be ensured if the contracting party has the most
recent upgraded version of his KBC Mobile Banking app.
7.
Obligations and liability of the bank
The bank undertakes:
• to bear the risk associated with sending the contracting
party his means of access and signature tools;
• to furnish the contracting party at all times with the
means necessary to facilitate the notification specified in
Article 6, or to request deactivation of a block, and to
make available to the contracting party the means to
prove that he has provided this notification, and to do so
AA0972
V11-2014
-/-
P. 3/7
•
•
•
•
8.
for a period of up to 18 months after notification was
provided;
to block any future use of KBC Mobile Banking – insofar
as is technically possible – as soon as the contracting
party reports loss, theft or misuse;
subject to Article 10, in the case of an unauthorised
payment transaction – and after conducting a limited review to ascertain whether or not the contracting party
has committed fraud – to immediately reimburse the
contracting party the amount of the unauthorised payment transaction and, where necessary, restore the
payment account debited by the relevant amount to the
state it would have been in had the unauthorised payment transaction not taken place (i.e. with the correct
value date), plus any interest on that amount; the bank
will also reimburse any further financial consequences,
in particular the amount of the costs incurred by the contracting party to determine the amount of loss to be
compensated;
to regularly inform the contracting party of the precautionary measures to be taken to prevent any improper
use of KBC Mobile Banking;
in the event of a dispute concerning an unauthorised or
improperly executed payment transaction, to produce
evidence showing that the transaction was authenticated, correctly registered and booked to account and was
not affected by a technical failure or other defect, provided that the contracting party has informed the bank of
the relevant payment transaction without delay and no
later than 13 months after the date on which the amount
was debited or credited for value.
Security
The means of access and signature tools are strictly personal and confidential. The contracting party must take all
reasonable measures to keep his means of access and
signature tools as secure as possible and must observe
the security tips provided by the bank in this regard.
• The contracting party may not leave his device or
means of access and signature tools unattended (for instance, at his place of work, in a hotel or vehicle – even
if it is locked – or in any place effectively open to the
public).
• He may not of his own volition give his means of access
and signature tools to third parties (including his
spouse/partner, family members or friends) or allow
them to be used by said third parties.
• He may not reveal details of his means of access and
signature tools over the phone or by e-mail.
• The means of access and signature tools may not be
noted down on any permanent carrier.
• The means of access and signature tools must be used
discreetly. The contracting party must ensure than nobody sees them and must inform the bank if he
observes any unusual behaviour.
• When choosing a new PIN, the contracting party must
avoid any combinations that are obvious. If the contracting party is aware that the confidentiality of his PIN has
been compromised, he must apply for a new PIN via
KBC Mobile Banking.
The contracting party undertakes to ensure that his device meets the system and security requirements listed on
the KBC website. To this end, the contracting party must
respect the system security built into his device so that he
Regulations governing KBC-Mobile Banking
can use KBC Mobile Banking securely. If the contracting
party deliberately switches off that system security, the
bank cannot be held liable for any resulting loss or damage. The contracting party will bear full liability for the
risks associated with his own equipment, specifically for
the risks of unauthorised access, modification, destruction
or loss of messages during transmission. Any loss arising
from this shall be borne entirely by the contracting party.
In addition, the following terms and conditions apply to
use of the card reader:
• The KBC Card Reader security system is based on
symmetric cryptography. Using his card and the secret
code belong to the the card, the contracting party can
generate an electronic signature in the form of a unique
numerical code, which enables him to sign instructions.
• If the contracting party enters an incorrect code generated by his KBC Card Reader three times, his card will
be blocked. The contracting party will then have to contact his bank branch.
• The contracting party should only insert his card into
card readers issued by KBC and should never enter the
secret code belonging to his card via the keyboard of his
device.
• The contracting party must ensure that his card number
is not saved in a cookie on shared equipment.
9.
Blocking KBC Mobile Banking
The bank may block access to KBC Mobile Banking for
objective, legitimate reasons pertaining to the security of
the app or to suspicion of unauthorised or fraudulent use
of the app or the means of access and signature tools. In
such cases, the bank will – if possible – inform the contracting party before access is blocked or immediately
afterwards by means of a permanent carrier (on paper or
in electronic format) available and accessible to the contracting party. This information does not have to be
provided if it runs counter to objective, legitimate security
considerations or is prohibited under relevant legislation.
The bank will reactivate KBC Mobile Banking once the
reasons for the block cease.
10. Responsibility and liability
Subject to the following provisions, the liability rules set
out in Article I.27 of the General Banking Terms and Conditions apply.
The bank will bear any and all risk associated with sending the contracting party the means of access and
signature tools. As soon as the means of access and
signature tools are provided, the contracting party is liable
for any claims arising from their use, subject to the following provisions.
In the case of loss, theft or misuse of the means of access and signature tools, the contracting party is liable for
their unauthorised use until the loss, theft or misuse is
reported, as laid down in Article 6.
Until the loss, theft or misuse is reported as set out in
Article 6, the contracting party's liability for unauthorised
payment transactions resulting from improper use of his
means of access or signature tools is nonetheless limited
to 150 euros per claim. Claim means all loss resulting
from misuse of the same lost or stolen device or of the
means of access and signature tools. This limitation of
liability shall not apply and the contracting party shall bear
AA0972
V11-2014
-/-
P. 4/7
any loss or damage that arises if he acts fraudulently or
with intent or gross negligence. Whether or not gross
negligence occurred in given circumstances is a matter
for assessment by the court, whose decision will be final.
However, the contracting party must be aware that he has
to keep his means of access and signature tools safe and
secure, and use them as stipulated in Article 8, failing
which his means of access and signature tools may be
used improperly. The bank cautions the contracting party
that the following behaviour can (without prejudice to the
generality) lead to losses for which he may be held liable:
• failure by the contracting party to comply with his obligations under Article 6 or breach of the security
requirements set down in Article 8;
• failure to have KBC Mobile Banking blocked immediately if he discovers that his device and/or means of access
and signature tools have been lost, stolen or misused;
• failure to notify the bank without delay of any entries of
unauthorised orders and any errors and irregularities
appearing on his statements of account.
As regards unauthorised payment transactions, the contracting party is not liable for any loss attributable to loss,
theft or misuse of his device and/or the means of access
and signature tools that arises after this has been reported, except in cases of fraud. Subject to what is stated
regarding unauthorised payment transactions, the contracting party is not liable for any loss due to loss, theft or
misuse of the means of access and signature tools that
arises after this has been reported, except in the case of
fraud, intent or gross negligence by the contracting party.
In derogation from the previous clauses, and save for
evidence of fraud or an intentional act by the contracting
party, he will not be liable if the order was effected without
physical presentation of the card or electronic identification.
In derogation from the previous clauses, and save for
evidence of fraud or an intentional act by the contracting
party, he will not be liable if the means of access and
signature tools were copied by a third party or were misappropriated, insofar as the contracting party had these
means of access and signature tools in his possession at
the time of the disputed transaction.
The bank will be liable in the event of non-execution or
improper
execution
of
orders
initiated
via
KBC Mobile Banking, unless the contracting party has
failed to satisfy his obligations.
The bank cannot be held liable if some of the KBC Mobile
Banking facilities are temporarily unavailable due to
maintenance work or force majeure. Such occurrences do
not in any way entitle the contracting party to compensation.
The bank must make all requisite efforts to ensure that
proper service is provided and that an appropriate security and identification system is in place. In the case of
KBC Mobile Banking, the bank cannot be held liable for
any loss, whether direct or indirect, that is attributable to
operation of the contracting party's device or the telecommunication services of a third party or to an
interruption in the services due to events beyond its control.
Regulations governing KBC-Mobile Banking
11. Term and termination of the agreement
15. Intellectual property
The KBC Mobile Banking agreement is valid without time
limit. The contracting party can terminate his agreement
without charge at any time by deleting the Mobile Banking
app. He must notify the bank if he does so. The bank may
terminate the agreement at any time subject to two
months' notice. Notice of termination by the bank must be
given on paper or another permanent carrier. The bank is
entitled to terminate the agreement forthwith, without
having to provide formal notice in advance or having
recourse to the courts, if:
All intellectual property rights (or, in any event, the right to
grant the contracting party rights of use) over
KBC Mobile Banking and the documentation, information,
publications and data that are provided remain with the
bank. The contracting party shall not infringe any of these
rights. The contracting party is granted a personal, nonexclusive, non-transferable right of use for the term of this
agreement. The contracting party may not without the
prior written consent of the bank in any way whatsoever
make available to third parties or distribute, reproduce,
copy, translate, process, compile or in any other way
change brand names, logos, software programs, documentation, publications, data or other elements of
KBC Mobile Banking that are protected by intellectual
property rights, whether directly or indirectly, free of
charge or in return for payment, in part or in whole.
• confidence in the contracting party has been seriously
impaired;
• the contracting party fails to comply with the security
procedures;
• there is a serious breach of contract.
12. Amendment of the regulations and addition
of new services
The bank reserves the right to amend the provisions of
these regulations, including the fee provisions in Article
13, without the contracting party’s express agreement. To
the extent required by law, any amendment will be notified to the contracting party without his express
agreement at least two months before its planned effective date, either on paper or via a permanent carrier made
available to the contracting party. The contracting party
may terminate the agreement at no cost and with immediate effect within two months if he does not agree to the
proposed amendments. Amendments will be binding on
the contracting party if he does not cancel the agreement
within
two
months
of
notification.
If
new
KBC Mobile Banking services are added, the contracting
party, after having been notified in accordance with the
legal requirements in respect of the main features, terms,
conditions and fees for these new services, will immediately give his permission in the manner agreed for the
service in question.
16. Helpdesk
For any questions concerning KBC Mobile Banking, the
contracting party can contact:
• KBC Helpdesk
016 43 25 07
[email protected]
• KBC Telecenter
078 152 154
[email protected]
• Outside office hours
070 69 00 02
17. Disputes
17.1 Complaints handling
If the contracting party has a complaint regarding
KBC Mobile Banking or the execution of orders, he must
follow the procedures described in Article I.25.2 of the
General Banking Terms and Conditions of KBC.
17.1 Governing law and jurisdiction
13. Fee
The bank does not charge a fee for the KBC Mobile Banking service. If the bank decides to charge a fee, it will be
specified in the schedule of rates and charges according
to Article I.32 of the General Banking Terms and Conditions of KBC. The contracting party will bear the costs for
the purchase, installation and operation of his device and
the KBC Mobile Banking app. The contracting party will
also pay the charges for Internet access.
The rights and obligations of the contracting party and the
bank are governed by the laws of Belgium. All disputes
are subject to the jurisdiction of the Belgian courts.
14. Personal data processing
The bank will use the personal data of the contracting
party in accordance with the Privacy Act and its privacy
statement. Contracting parties can find additional information regarding the processing and exchange of this
data and regarding their rights (i.e. in relation to objections, inspection and correction) in Articles I.13 and I.14 of
the General Banking Terms and Conditions (available at
kbc.be/regulations or from any bank branch) and in the
general privacy statement (available at kbc.be/privacy or
from any of the bank's branches).
AA0972
V11-2014
-/-
P. 5/7
Regulations governing KBC-Mobile Banking
ANNEX 1: KBC Payment Button
1.
Definitions
In these special terms, the following definitions are used
to supplement the definitions set down in the regulations.
The definitions may be used without distinction in the
singular or plural form.
Merchant: the natural or legal person that incorporates
the KBC Payment Button into their website (i.e. their eshop).
KBC Payment Button: the payment acceptance logo
displayed on the merchant's website and the underlying
software that is integrated into it, which clients can use to
effect payments at the merchant's e-shop using their
KBC electronic or mobile banking application.
2.
How the KBC Payment Button works
2.1
Contracting parties may use their means of access and signature tools to make secure payments for
goods and services purchased online from the websites
of merchants that accept payments via the
KBC Payment Button. Contracting parties who select the
KBC Payment Button on a merchant's website will be
connected to their electronic or mobile banking application, where they can initiate payment transactions.
Contracting parties using KBC Mobile Banking must first
log in to be identified. They then select the account to be
debited, and after that sign the relevant transaction order
using their means of access and signature tools in the
manner set down in the regulations.
Contracting parties can learn more about how the KBC
m.kbc.be/mobile
and
Payment
Button
works
at
www.kbc.be/kbcpaymentbutton.
2.2
Contracting parties can opt to pay on the basis of
an advance provided by KBC under the terms and conditions set out in Articles 3 and 4.
2.3
Provided there are sufficient funds, regardless of
whether they are own funds or an advance provided by
KBC, and provided there are no other factors preventing
payment, such as – but not limited to – a block or attachment, or any other reason named in Article 3, direct
payment will always be made to the merchant in real time.
3.
Conditions for payment with an advance
3.1
Contracting parties wishing to make use of an
advance provided by KBC must at least meet the following conditions:
(1)
they must have reached the age of majority and
have full capacity to contract;
(2) they must be the holder or joint holder of the account to be debited;
(3) they must act in the capacity of a consumer, i.e. not
for business or professional purposes.
KBC reserves the right to refuse an advance at any time.
Contracting parties that accept an advance can no longer
withdraw their consent once it has been given.
A contracting party who is a joint holder of the account to
be debited and who wishes to pay using the
KBC Payment Button by means of an advance provided
AA0972
V11-2014
-/-
P. 6/7
by KBC undertakes (i) to inform the other co-holders of
this fact and to notify them of their joint liability as coholder to reimburse that amount and (ii) always to act with
the prior consent of the co-holders.
3.2
Contracting parties that explicitly opt to pay with
an advance will themselves stipulate the date on which
they wish to reimburse KBC. That date must be within two
months of the transaction date. The payment date is
always a banking day. Contracting parties may not revoke
or alter that payment date. Contracting parties are given
an advance without having to pay any charges or interest.
The advance entered on a contracting party's account is
identified on their statements by the reference, 'advance
for purchase via KBC Payment Button'.
3.3
The contracting party authorises the bank to
recover all due and payable amounts and advances by
debiting the account named in Article 2.1 of these special
terms. The contracting party must ensure that there are
sufficient funds on the account at the time the payment
order is initiated, i.e. the payment date. Other than in the
case of an attachment, KBC reserves the right to debit
payable amounts automatically from the said account
even if there are insufficient funds on it. The resulting
debit balance does not, however, confer on the contracting party any vested right whatsoever to future credit and
must be cleared in accordance with Article I.30 of the
General Banking Terms and Conditions.
Accounts may only be debited with payable amounts and
advances following a civil attachment provided due heed
is taken of (i) the regulations on protected amounts and
after calculation of the amount that actually qualifies for
attachment and distribution among the creditors and (ii)
any liens that KBC can invoke. In the case of a criminal
attachment, amounts may only be debited with the prior
consent of the law enforcement agency that has laid the
attachment.
The advance becomes due early if:
(i) the holder of the account to be debited or their
spouse dies;
(ii) the account to be debited is closed for whatever
reason;
(iii) there is a serious deterioration in the contracting
party's creditworthiness;
(iv) the account holder files a petition for collective debt
settlement;
(v) an attachment is laid on the account to be debited.
4.
Limits
Execution
of
payment
transactions
via
the
KBC Payment Button is subject to the spending limits
contained in Article 5 of the regulations.
The specific limits for payments made with advances are
laid down for each payment transaction and/or time period and can be viewed at www.kbc.be/paymentbutton.
Contracting parties making several payments with the
KBC Payment Button must take account of the remaining
balance of their spending limit. Each time the advanced
amount is debited from a contracting party's account, the
card holder‘s credit limit is freed up and they may once
again carry out transactions up to the full amount of the
limit.
Regulations governing KBC-Mobile Banking
5.
Relationship with the merchant
KBC merely offers a payment service and cannot in any
event be held liable for any loss suffered by the contracting
party as a result of orders placed remotely and/or purchases of products/services from the merchant, or as a result of
processing by the merchant of online orders of products/services paid for using the KBC Payment Button,
including, but not limited to, packaging, delivery, customer
service or maintenance.
KBC is not liable for errors or shortcomings in the merchant's commercial offerings and conditions, or for the
completeness, accuracy or validity of the information on
the merchant's website.
All and any disputes arising between the contracting party
and the merchant must be settled solely between the two
of them, without intervention by the bank, and they do not
by any means relieve the contracting party of their obligation to reimburse the advance they have received.
AA0972
V11-2014
-/-
P. 7/7
Regulations governing KBC-Mobile Banking