I/We ("the Subscriber") hereby authorize and request Arvest Bank Online(representing Arvest Bank Plc International ("Arvest Bank Online") for the provision of Arvest Bank Online internet banking service (" the Service") and the issuance and delivery of the password. The Bank has accepted and agreed to grant the Subscriber access to the Service and both parties have proposed to document herein their respective rights and responsibilities in respect of access to, use of and provision of the Service.
The Arvest Bank Online may from time to time vary these terms and conditions by posting the same on Arvest Bank Online’s Internet Home Page and the Subscriber gives prior approval to such variation(s) and waive any right of contestation in respect thereof and fully agree to be bound by the same.
Terms and Conditions
1. Definitions
2. Use of the Service
2.1 Use of the Service is permitted only upon Arvest Bank Online allowing access to the Subscriber. Arvest Bank Online reserves the right to require further documentation prior to allowing such access.
2.2 Upon access to the Service being permitted to the Subscriber through the Registration processes, the Subscriber has full access to all Functionalities comprised therein and, for the purpose of own use and records only, may (a) download and store data on hard disk, and (b) print hard copy of certain pages.
3. Instructions and Transactions
3.1 The Subscriber irrevocably authorizes Arvest Bank Online to accept and act upon instructions for Financial and Non-Financial Transactions given to Arvest Online and the Subscriber will be bound by such instructions.
3.2 The Subscriber shall be liable for all monies due and liabilities incurred arising from instructions given by the Subscriber, in accordance with Arvest Bank Online’s Schedule of Charges.
3.3 The Subscriber accepts that the payment request submitted to Arvest Bank Online cannot be treated as evidence of Arvest Bank Online having paid or agreed to pay the sum so requested.
3.4 The Subscriber accepts that the cut-off time for a business day is the same as Arvest Online ’s normal business timings in the Internetional from Monday to Friday. All requests received after the cut-off time or on a Arvest Bank Online holiday will be deemed to have been received on the following business day.
3.5 The Subscriber agrees that Arvest Bank Online shall in no circumstances be liable for any loss or damage arising from payment requests submitted to Arvest Bank Online where the time of receipt of such requests by Arvest Bank Online does not fall during the normal business timings of Arvest Bank.
3.6 The Subscriber accepts that any transaction will be completed as and when the process is successfully concluded, provided all other requirements are met.
3.7 Arvest Bank Online will not act on any instructions via public e-mail nor will Arvest Online or the Subscriber transmit to the other any information of a sensitive nature via public e-mail. In the event that public e-mail system is used by the Subscriber Arvest Bank Online shall in no circumstances be liable for any loss or damage arising from such use.
3.8 The Subscriber shall ensure sufficient drawing powers in any account before making transfers. If for any reason an account is overdrawn by use of the Service, the Subscriber shall be responsible for immediately making up the deficit by a direct payment or transfer of funds from any other account(s) and payment of relevant Charges.
3.9 The Subscriber hereby acknowledges all debits arising from the use of the Service and considers that the Arvest Bank Online’s books, entries and registers shall be final and conclusive evidence of the correctness of any transaction.
4. Right of set-off
Arvest Bank Online reserves have the right, at any time and without giving prior notice, to combine or consolidate all or any of the Subscriber’s Account(s) to the credit of anyone or more of such account(s) in or towards the satisfaction of any liabilities to Arvest Bank Plc. The combinations, consolidations, set-off and transfer referred to herein may be made as and when required and at the absolute discretion of Arvest Bank Plc.
5. Charges and Fees
Arvest Bank Online reserves have the right to debit the Subscriber’s account with charges applicable for transactions over the Service. Such charges shall be as per Arvest Online Schedule of Charges.
6. Security
6.1 Arvest Bank Online undertakes to use reasonable care that the Password not to become known to any of Arvest Bank Online’s employees or agents. It is the responsi bility of the Subscriber to set the Password at inception and to change it as and when required in order to secure confidentiality and security of the Password.
6.2 The Subscriber undertakes not to disclose the Password to any other person and the Subscriber is entirely responsible for ensuring that the Password is kept secret and not used by any one else for any fraudulent purpose. In the event of the Password becoming known to someone other than the Subscriber, that person may be treated by Arvest Bank Online as an authorized user and Arvest Online shall not be responsible for any loss or damage which may occur as a result of the Password becoming known to others. If the Subscriber knows or suspects that someone else has learned the Password the Subscriber shall inform Arvest Bank Online immediately.
6.3 The Subscriber agrees and undertakes to treat the access rights, documentation or any other information related to the Service, strictly private and confidential at all times.
6.4 All technology based devices and method of electronic authentication for the security and integrity of electronic data and electronic communications transmission and identification of the sender may be subject to change, at the sole discretion of Arvest Bank Bank. Arvest Online is not obliged to give prior notification to the Subscriber for any technological change.
7. Limitation of Liability
With the exception of gross negligence and/or willful misconduct committed by Arvest Bank Plc, the Subscriber shall be responsible for any damage or loss incurred by the Subscriber or by Arvest Online and the Subscriber is fully liable to indemnify Arvest Bank Plc, their officers, directors, employees, agents for any loss or damage, howsoever caused, resulting from the use of the Service.
8. Subscriber Information
The Subscriber shall inform Arvest Bank Online immediately in writing of any changes to its details as submitted on any document pertaining to Arvest Bank Online Service.
9. The Subscriber's Equipment
The Subscriber is solely responsible for ensuring that the computer and other equipment with which the Subscriber accesses and uses the Service are suitable for such use and are functioning properly (including at any time providing sufficient storage for downloading data to disc or paper for printouts). Arvest Online accepts no liability if the Subscriber suffers any
loss or damage because an item of the Subscriber's equipment is unsuitable or not functioning properly.
10. Provision of Service
Arvest Bank Online shall not be obliged to provide the Service or any part of it at all times or during any particular hours and may withdraw, suspend or restrict the Service temporarily.
11. Communication
11.1 Arvest Bank Online may record and shall keep record of the Subscriber's electronic or other written communications for as long as Arvest Online considers appropriate.
11.2 Communications sent by means of the Service, which is accessed by the User ID and Password, shall be treated as satisfying any legal requirement that a communication should be signed and in writing.
11.3 Communications sent by means of the Service shall be deemed to be delivered upon receipt.
12. Linking
Arvest Bank Online does not accept any responsibility or liability for enabling the Subscriber to link to another web-site, or the contents of any other site, whether one from which the Subscriber may have been linked or to which the Subscriber may link from the web-site, or any consequence of acting upon the contents of another web-site.
13. Events Beyond Arvest Bank Plc's Control
Arvest Bank Online shall not be liable for any delay or failure of Arvest Online Service arising from any cause or causes beyond its control, including (without limitation) act of God, act of government or regulatory authority, war, fire, flood, explosion, terrorism, riot or civil commotion, or non-availability, non-functioning or malfunctioning, computer viruses, interruption or disruption of utilities, internet service provider(s), or broadcast, telecommunications or other network systems or services.
14. Updates
Arvest Bank Online reserves the right to alter any of its procedures concerning access to and use of the Service. In such circumstances Arvest Bank Online will post updates to notify the Subscriber of changes to the Service on Arvest Bank Online.
15. Termination
Arvest Bank Online reserves the right, in its sole discretion, to terminate the Subscriber's use of the Service immediately without giving prior notice to the Subscriber.
16. Events of Default
Arvest Bank Online may terminate the access to the Service with immediate effect:
16.1 if the Subscriber ceases to maintain an Account with Arvest Bank Online in the Internetional;
16.2 if the Subscriber’s relationship with Arvest Bank Online or any other banking activity has terminated;
16.3 if the Subscriber notifies Arvest Bank Online of changes in the status of the Subscriber which are unacceptable to Arvest Bank Plc.
17. Waiver
No failure or delay on the part of Arvest Bank Online to exercise any power, right or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by Arvest Bank Online of any power, right or remedy prevent any other alternative exercise thereof or the exercise of any other power, right or remedy. The remedies provided in this Agreement are cumulative and are not exclusive of any remedies provided by law.
18. Severability
Each of the provisions of this Agreement are severable from the others and if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.
19. Governing Law
The terms and conditions contained herein shall be governed and interpreted in accordance with the laws that may be determined by Arvest Online at its sole and absolute discretion. In the event of a dispute arising in relation to the use of the Service, it shall be resolved by courts of Arvest Bank Plc, Internetional provided that Arvest Bank Online may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the Internetional. The Subscriber confirms having read, understood and accepted the above terms and conditions in acknowledgement of which the Subscriber has submitted this agreement to Arvest Bank Plc.