Terms and Conditions

16. PROPRIETARY RIGHTS

• USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying or create any derivative product based on the software. USER acknowledges that the software underlying the ONLINECUB SERVICE as well as other Internet related software which are required for accessing are the legal property of the respective vendors. The permission given by CUB to access will not convey any proprietary or ownership rights in the above software.

17. CHANGE OF TERMS AND CONDITIONS

• CUB has the absolute discretion to amend or supplement any of the TERMS for providing Net Banking Facility at any time without any prior notice for such changes. CUB may introduce new services within ONLINECUB from time to time. The existence and availability of the new functions will be notified to USER as and when they become available. The changed terms and conditions applicable to the new ONLINECUB services shall be communicated to the USER. By using these new services, the USER agrees to be bound by the terms and conditions applicable.

18. NON-TRANSFERABILITY

• The ONLINECUB service shall be used only by the USER and it is not transferable under any circumstances.

19. TERMINATION OF SERVICE

• The ONLINECUB service can be terminated on the following grounds:
• 19.1 Request by the USER by giving a written notice of at least 15 days to the Bank.
• 19.2 The Bank may withdraw the facility anytime provided the USER is given at least 15 days notice..
• 19.3 Either party may also terminate this agreement with immediate effect by notice in writing to the other party if the other party commits a breach of any obligation, warranty, representation or any other terms of these Terms and Conditions, ceases or disposes of its business or threatens to do so, begins proceedings for voluntary winding up, is subject to proceedings under the laws of any country or territory relating to insolvency, bankruptcy, distress, receivership, administration or for the relief of creditors, enters into arrangements benefiting its creditors,
• 19.4 If the service is withdrawn by the Bank for a reason other than the breach of the terms and conditions by the USER, the Bank's liability shall be restricted to the prorata return of the annual charges, if any, recovered from the USER for the period in question.
• 19.5 The closure of all accounts of the USER will automatically terminate the Service.
• 19.6 Termination of these Terms & Conditions will not affect the rights and remedies of either party accrued to the date of such termination.
• 19.7 Upon termination of this agreement USER shall forthwith return to the Bank any document or other materials supplied to the Customer/User for or in connection with the use of Services as required by the Bank. Notwithstanding such termination, the USER/Customer shall continue to be bound by the provisions of these Terms & Conditions to the extent they relate to any obligations or liabilities of the USER/Customer which remain to be performed or discharged

20. NOTICES

• Notices under these Terms and Conditions may be given by the Bank and the

USER

• 20.1 Electronically to the mail box of either party. Such notices will be regarded as being in writing
• 20.2 In writing by delivering them by hand or by sending them by post to the last address given by the USER and in the case of the Bank to the address mentioned in the heading above. The Bank shall in no way be held responsible for any non receipt of the same.
• 20.3 In addition, the Bank may also publish notices of general nature which are applicable to all USERS of ONLINECUB on its web site. Such notices will have the same effect as a notice served individually to each USER.

21.GOVERNING LAW

• This agreement and or the operations in the accounts of the USER maintained by the Bank and or the use of the services provided through ONLINECUB shall be governed by the laws of the Republic of India and no other nation. USER and the Bank agree to submit to the exclusive jurisdiction of the Courts of competent jurisdiction in Chennai, Tamilnadu, India as regards any claims or matters arising under these terms and conditions. The Bank accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the service can be accessed through Internet by a USER in a country other than India shall not be interpreted to imply that the laws of the said country govern these terms and conditions and or the operations in the accounts of the USER and or the use of. Notwithstanding anything stated elsewhere in this Agreement, this Agreement shall also be subject to any / all present or future Rules, Regulations, Directives, Instructions and Advice of the Reserve Bank of India or any other concerned Regulatory Authorities as applicable from time to time. The aforesaid Rules, Regulations, Directives, Instructions and Advice shall over-ride any terms of this Agreement, as from the date they are applicable. In particular, the Bank's obligations under this Agreement shall always be subject to the aforesaid Rules, Regulations, Directives, Instructions and Advice.

22.APPLICABILITY TO FUTURE ACCOUNTS

• CUB and the USER agree that if the USER opens further Accounts with/subscribes to any of the products or services of CUB or any of the Affiliates, and CUB extends the Net Banking to such Accounts or products or services and the USER opts for use thereof, then the Terms shall automatically apply to such further use of the Net Banking by the USER.

23. MAINTENANCE OF SUFFICIENT BALANCE

• USER shall ensure that there are sufficient funds (or prearranged credit facilities) in any Account for transactions through the Net CUB BANK shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities provided always that CUB shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the USER and the USER shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related to costs and charges.
• CUB may at its discretion, levy penal charges for non-maintenance of the minimum balance. In addition to the minimum balance stipulation CUB may levy service charges for use of Net Banking, which will be notified by the CUB to the USER from time to time. Any change in such service charges will also be notified to the USER through Net Banking. The USER authorises CUB to recover all charges related to Net Banking as determined by CUB from time to time by debiting one of the Accounts. CUB may withdraw the provision of Net Banking, wholly or partly, if at any time the amount of deposit falls short of the required minimum as aforesaid and / or if the service charges remain unpaid, without giving any further notice to the user and or without incurring any liability or responsibility whatsoever by reason of such withdrawal.