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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
SMBCI News
To/Kepada : All Customers/Seluruh Nasabah From/Dari : PT Bank Sumitomo Mitsui Indonesia Date/Tanggal: 01 September 2016
Dear valued customers/ Nasabah Yang Terhormat,
For security reason of your account transaction with our Bank, the report of account movement should be delivered to the Customer in due time. Based on the above consideration, we would like to notify you that effective on 1 November 2016 (the “Effective Date”), our Bank shall terminate the following Service(s) and therefore we shall no longer entertain any request of the following Service(s): 1. 2.
Hold Account Statement (“Hold Mail”); Printing and/or sending Credit Advice related to incoming fund; and 3. Printing and/or sending Debit Advice related to outgoing fund. Any record of movement of your account shall be stated in the monthly Account Statement which will be sent to your address registered with us, in accordance with the General Terms and Conditions Governing Account.
We are currently working on our system enhancement to deliver the Account Statement by electronic basis as alternative replacement of Hold Mail Service. We will notify further once the system is ready. In terms of Credit Advice and Debit Advice, we will continue to send only for the loan/trade customers as the payment evidence under certain credit or facility agreement. Based on the above, we also notify you that we will amend the General Terms and Conditions Governing Account, mainly: 1. To delete all related to the above Service(s); and 2. To adjust from time to time with OJK Regulation on standard agreement. Please carefully read the table attached for detail of its amendment.
Dengan tujuan keamanan atas transaksi yang Anda lakukan melalui Bank kami terkait dengan rekening, laporan atas pergerakan rekening tersebut wajib dikirimkan kepada Nasabah secara tepat waktu. Berdasarkan pertimbangan tersebut diatas, bersama ini kami beritahukan bahwa terhitung sejak tanggal 1 Nopember 2016 (“Tanggal Efektif”), Bank kami akan menghentikan Layanan(-layanan) berikut ini dan oleh karenanya tidak lagi melayani permintaan nasabah atas Layanan(-layanan) berikut ini: 1. 2. 3.
Menahan Laporan Rekening (“Hold Mail”) Pencetakan dan/atau pengiriman Credit Advice terkait dengan dana masuk; dan Pencetakan dan/atau pengiriman Debit Advice terkait dengan dana keluar.
Jejak rekam atas pergerakan rekening Anda akan dinyatakan dalam Laporan Rekening bulanan yang akan dikirim ke alamat Anda yang terdaftar pada kami, sesuai dengan ketentuan didalam Syarat dan Ketentuan Umum Bagi Rekening. Saat ini kami sedang melakukan pengembangan sistem, agar dapat mengirimkan Laporan Rekening melalui elektronik sebagai alternative pengganti dari Layanan Hold Mail. Untuk itu kami akan memberitahukan kepada Anda segera setelah sistem kami siap. Sehubungan dengan Credit Advice dan Debit Advice, kami akan tetap mengirimkan hanya untuk para nasabah yang diberikan fasilitas pinjaman/trade sebagai bukti pembayaran berdasarkan perjanjian kredit/perjanjian fasilitas tertentu. Berdasarkan penjelasan diatas, dengan ini kami beritahukan pula bahwa kami akan merubah Syarat dan Ketentuan Umum Yang Berlaku Bagi Rekening, yakni: 1. Untuk menghapus semua yang terkait dengan Layanan-layanan tersebut di atas; dan
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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
SMBCI News 2.
Untuk menyesuaikan dari waktu ke waktu dengan Peraturan OJK tentang perjanjian baku.
Mohon dibaca dengan seksama tabel terlampir untuk rincian perubahannya. Should you have any objection regarding such amendment, you can convey to us within 14 (fourteen) calendar days after the date of this notice and we would be happy to discuss with you. If we do not receive any comment from you until the deadline and you continue to use the Account or other services as usual, we will assume that you agree with the above amendment.
Apabila terdapat keberatan atas perubahan tersebut, Anda dapat menyampaikan keberatan tersebut kepada kami dalam waktu 14 (empat belas) hari kalender sejak tanggal surat pemberitahuan ini dan kami akan senang hati melayani Anda. Namun, jika kami tidak menerima tanggapan apapun dari pihak Anda sampai dengan batas tersebut dan Anda tetap maka kami menggunakan layanan kami, menganggap bahwa Anda menyetujui perubahan tersebut.
To obtain new Form or should you have any inquiries regarding this matter, please do not hesitate to contact your Relationship Manager at 5227011. Untuk memperoleh Format Baru atau jika ada hal-hal yang ingin ditanyakan mengenai hal tersebut diatas, mohon hubungi Relationship Manager anda di nomor telepon 5227011 Thank you for your kind attention. Terima kasih atas perhatiannya. This SMBCI News is computer generated and will not require Bank’s signature. SMBCI News ini adalah hasil cetak komputer dan tidak memerlukan tandatangan Bank.
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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
SMBCI News
AMENDMENT No.2 TO THE GENERAL TERMS AND CONDITIONS GOVERNING ACCOUNT [English Version] No.
1.
Subject Account Statement
Article 7.1
Before Amendment The Bank will issue and send the Account Statement(s) to the Account Owner at monthly intervals or at other interval as the Bank may deem fit via postal service or other communication media, if requested by the Account Owner and approved by Bank. The Account Owner shall notify the Bank in writing if the Account Owner does not receive the Account Statement within 7 (seven) days of the expected date of receipt thereof. In the case where the Account Owner instructs the Bank to hold the Account Statement(s), the Bank may only hold the Account Statement(s) for maximum 6(six) months period. If such period has lapsed and no further instruction from the Account Owner been received by the Bank, the Account Owner authorizes the Bank to opt whether to send the Account Statement(s) by mail or dispose destroy the Account Statement(s) at the Account Owner’s expense. The Account Owner agrees to release the Bank from any liability and agrees to reimburse any loss, damage and cost as a result of such action.
After Amendment The Bank will issue and send the Account Statement(s) to the Account Owner at monthly intervals or at other interval as the Bank may deem fit via postal service or other communication media, if requested by the Account Owner and approved by Bank. The Account Owner shall notify the Bank in writing if the Account Owner does not receive the Account Statement within 7 (seven) days of the expected date of receipt thereof.
2.
Account Statement
7.6
The Bank shall be entitled to stop sending the Account Statement to the Account Owner if the Account Statement is returned to the Bank with unknown address or addressee.
The Bank shall be entitled to stop sending the Account Statement to the Account Owner if the Account Statement is returned to the Bank with unknown address or addressee. The Account Owner may contact the Bank’s customer service to update the address and request in writing to reprint the relevant Account Statement but subject to an administration fee pursuant to the following paragraph.
3.
Account Statement
7.7
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The Account Owner may request the Bank in writing for reprint the Account Statement of previous months subject to payment of an administration fee to the Bank in the sum as notified by the Bank.
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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
SMBCI News 4. Closing of Account
19.2
The Bank may at any time, at its reasonable discretion, close the Account for any reason whatsoever, including but not limited to:
The Bank may at any time, at its reasonable discretion, close the Account for any reason whatsoever, including but not limited to the following reasons:
(a)
the Account is known or suspected on fraud, invalidity or impropriety of the transaction or fund or documents or incompliance with the purpose of account opening ;or
(a)
the transaction is one of the Suspicious Transactions as defined under the Law No.8 of 2010 regarding the Prevention and Eradication of Money Laundering Crime (as amended from time to time); or
(b)
the Account is being used for accommodating and/or performing a crime and/or money laundering and/or activities injurious to the community, the Bank or any other party, and/or terrorist activity; or
(b)
the Bank doubts the righteousness of the information provided by the Account Owner during the process of the Bank’s due diligence on the Account Owner; or
(c)
the Account is known or suspected on fraud, invalidity or impropriety of the transaction or fund or documents or incompliance with the purpose of account opening ;or
(d)
the Account is being used for accommodating and/or performing a crime and/or money laundering and/or activities injurious to the community, the Bank or any other party, and/or terrorist activity; or
(e)
the Account Owner does not provide or submit any document as required by the Bank based on the Bank’s standard procedure of opening account and/or updating Account Owner’s data, within a prescribed time decided by the Bank;
(c)
the Account Owner does not provide or submit any document as required by the Bank based on the Bank’s standard procedure of opening account and/or updating Account Owner’s data, within a prescribed time decided by the Bank;
The Bank will use its reasonable endeavours to send written notification to the Account Owner regarding such closing.
The Bank will send written notification to the Account Owner regarding such closing of Account.
5. Closing of Account
19.3
The available balance of any closed Account shall be held by the Bank and will be returned at the Account Owner’s disposition after deducted by any normal service fee applied to such Account and
Any balance standing in the closed Account shall be held by the Bank and can
SMBCI News after being set-off against all sums payable by the Account Owner to the Bank.
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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
be claimed for the refund by the Account Owner at its written demand within the period as stated in the notice of Account closure (“Claim Period”) and the Bank will return all of the balances after deduction of any normal service fee and sums payable by the Account Owner to the Bank.
If the Claim Period lapses and Bank does not receive any claim for refund from the Account Owner, the Bank has the right to settle the balance in accordance with the prevailing laws and regulation or Bank’s internal rules. 6. Miscellaneo us
22.3
Any and all authorizations conferred by the Account Owner on the Bank under these General Terms (a) are irrevocable (b) permit the full right of substitution (c) permit full representation of the Account Owner whatsoever and towards whomsoever, in all matters and acts with respect to which the authorization relates. The Account Owner agrees that the authorization given by the Account Owner under this General Terms shall not be revoked or terminated for so long as the business relations still exist between the Account Owner and the Bank and for any reason whatsoever, including but not limited to those stated in Articles 1813, 1814 and 1816 of the Indonesian Civil Code.
7.
22.4
These General Terms together with any terms, conditions, rules and any regulations contained in Bank’s, cheque/bilyet giro books, deposit vouchers and any other documents and
To the extent permitted by Applicable Law, any and all authorizations conferred by the Account Owner on the Bank under these General Terms (a) are irrevocable (b) permit the full right of substitution (c) permit full representation of the Account Owner whatsoever and towards whomsoever, in all matters and acts with respect to which the authorization relates. The Account Owner agrees that the authorization given by the Account Owner under this General Terms shall not be revoked or terminated for so long as the business relations still exist between the Account Owner and the Bank and for any reason whatsoever, including but not limited to those stated in Articles 1813, 1814 and 1816 of the Indonesian Civil Code.
These General Terms together with any terms, conditions, rules and any regulations contained in Bank’s, cheque/bilyet giro books, deposit vouchers and any other documents and forms
SMBCI News forms supplied by the Bank, any agreement between the Account Owner and the Bank relating to the Account Owner’s Account with the Bank, shall comprise the entire agreement between the Bank and the Account Owner in relation to the Account and the Account Owner shall be bound by the same. The Bank reserves at any time and from time to time to add to, amend, modify, supplement or vary any of these General Terms and such additions, amendments, and modifications, supplements variations shall be deemed to have effect as soon as notified to the Account Owner. If the Account Owner continues to operate the Account after such notification, the Account Owner shall be deemed to have agreed to such additions, amendments, modifications, supplements and variations without reservation.
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Summitmas II, 9-11 Fl Jl. Jend. Sudirman Kav 61-62 Jakarta 12190 Indonesia
supplied by the Bank, any agreement between the Account Owner and the Bank relating to the Account Owner’s Account with the Bank, shall comprise the entire agreement between the Bank and the Account Owner in relation to the Account and the Account Owner shall be bound by the same. The Bank reserves at any time and from time to time to add to, amend, modify, supplement or vary any of these General Terms with a prior written notice to the Account Owner at the latest 30 (thirty) Business Days before such addition, amendment, modification, supplement or variation is effective.. If the Account Owner submits objection during the period given in such notification to such addition, amendment, modification, supplement or variation, the Account Owner may terminate the Account and these General Terms.
However, if the Account Owner continues to operate the Account after the period given in such notification has lapsed, the Account Owner shall be deemed to have agreed to such additions, amendments, modifications, supplements and variations without reservation.
8.
Legal Language
9. Closing part
23
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These General Terms have been drawn in English and Indonesian language, both texts are valid and have same effect. In the event of any inconsistency or different interpretation between Indonesian version and the English version, the English version shall prevail and the relevant Indonesian version shall be deemed to be automatically amended to make the relevant Indonesian version consistent with the relevant English version.
These General Terms have been drawn in English and Indonesian language, both texts are valid and have same effect. In the event of any inconsistency or different interpretation between Indonesian version and the English version, the Indonesian version shall prevail and the relevant English version shall be deemed to be automatically amended to make the relevant English version consistent with the relevant Indonesian version.
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These General Terms have been adjusted with the stipulation of laws and regulation including regulation as set out by the Otoritas Jasa Keuangan.