Terms and Conditions

1. PURPOSE

The purpose of these general terms and conditions (?these Terms?) is to regulate the modalities for accessing and operating the internet, on line, and/ or mobile banking services detailed below and under article 5 provided by SunTrust Bank Nigeria Limited (?SUNTRUST?) ( SUNTRUST Digital Banking Services ), and indicate the means by which SUNTRUST Customers, may access and use SUNTRUST Digital Banking Services.

Through SUNTRUST Digital Banking Services the Customer may access some information and carry out some transactions as indicated herein, from his SUNTRUST Private Data Storage Space defined under article 3.3.

SunTrust Digital Banking Services include the following services, as detailed under article 5:

  • Digital inquiries on any account(s) held by the Customer at SUNTRUST, SunTrust digital account and associated service(s).
  • Digital management of any account(s) held by the Customer at SUNTRUST and associated service(s);
  • SunTrust digital accounts
  • Other services.

SUNTRUST Digital Banking Services is governed by these Terms, especially with respect to security and, if need be, to directives provided in the customer?s SUNTRUST Private Data Storage Space or directly issued to the Customer as and when required.

SUNTRUST reserves the right to reject or not to act on any request for a product, service or SUNTRUST Digital Banking Services transaction, without having to give any reason for such refusal and/or provide any justification thereof.

2. CONTRACTUAL DOCUMENTS

SUNTRUST Digital Banking Services are governed by these Terms, which are known to the Customer as hereby confirmed by him/her, and which he/she accepts without any reservation. The contract terms and conditions applicable to the customer?s account(s) & SunTrust Mobile digital accounts shall remain in force. Where there is conflict between different applicable contract documents, the terms and conditions governing the account shall prevail.

3. CONDITIONS FOR SUBSCRIPTION TO SUNTRUST DIGITAL BANKING SERVICES

3.1 Conditions for subscription to SUNTRUST Digital Banking Services

SUNTRUST Digital Banking Services are accessible by any natural or corporate persons, holding one or several deposit, savings or current accounts in SUNTRUST?s books (?the Customer?). SUNTRUST Digital Banking Services are not open to joint accounts or accessible to Customers who are not personal holders of their accounts, even if they hold any power of attorney or any type of delegated authority on the account(s).

3.2 Rules of subscription to SUNTRUST Digital Banking Services and acceptance of these general terms and conditions.

Subscription to SUNTRUST Digital Banking Services is done upon the opening of an account at SUNTRUST or creating of a SunTrust mobile digital account, except in the event of refusal by the Customer.

The Customer may also apply for his subscription to SUNTRUST Digital Banking Services by filling out a form which he may collect at any SUNTRUST branch office, download from the SUNTRUST web site or activate the SunTrust Mobile App; the completed form if obtained from the branch office shall be returned to the Customer?s SUNTRUST branch office.

These Terms shall be accepted by the Customer through his signing of a SUNTRUST account opening form, or the form especially designed for subscription to SUNTRUST Digital Banking Services and the use or filling of the details on any of the Digital Platforms shall be deemed as an acceptance of these Terms by the Customer.

SUNTRUST reserves the right to reject or not to act on any subscription request to SUNTRUST Digital Banking Services, without having to give any reason and/or justification thereof.

3.3 Procedure for subscription to SUNTRUST Digital Banking Services and creation of the Customer?s SUNTRUST Private Data Storage Space.

The Customer fills out his/her information on the SunTrust Digital Platform or fills it out on the form to be returned to the Customer?s SUNTRUST branch office, whereby he/she will provide SUNTRUST with some personal information, especially the following:

  • Deposit account number,
  • E-mail address,
  • Mobile phone number.

As SUNTRUST accepts the Customer?s subscription request, SUNTRUST creates the Customer?s SUNTRUST Private Data Storage Space (the SUNTRUST Private Data Storage Space ) and communicates to the Customer his/her username together with the Customer?s alphanumeric password, whereby the Customer may connect to his SUNTRUST Private Data Storage Space. The username and the password are communicated to the Customer.

The Customer?s password makes up the Customer?s ?Personal Security Package?.

Communication of exact and complete information is absolutely necessary for provision of the SUNTRUST Digital Banking Services.

3.4 Updating of Customer?s data

The Customer undertakes to inform SUNTRUST of any changes in his/her personal data throughout his/her subscription to the SunTrust Digital Platforrm. The Customer?s contact information may be updated by the Customer from his SUNTRUST Private Data Storage Space. Other personal information which cannot be modified from the Customer?s SUNTRUST Private Data Storage Space (especially marital status data) and any modification in this respect must be made at the Customer?s SUNTRUST branch office.

The Customer may change his/her pin on Mobile banking via USSD provided that the Customer remembers his/her old pin, if not the Customer will have to perform a pin reset.

4. REQUIREMENTS FOR ACCESS TO SUNTRUST DIGITAL BANKING SERVICES

4.1 Means of access to SUNTRUST Digital Banking Services

Access to SUNTRUST Digital Banking Services requires a terminal connected to the Web. However access to the SUNTRUST Mobile app may be accessed without an internet connection. The purchase or lease of a terminal, its installation and maintenance , as well as internet access and user fees (especially contracting with a service provider), are to be borne by the Customer, and shall not be charged to SUNTRUST in any event whatsoever. The Customer is liable to attend to the compatibility of the hardware and software which will be used for access to SUNTRUST Digital Banking Services.

Access to SUNTRUST Mobile App requires data to be downloaded, the purchase or lease of data as well as data access are to be borne by the customer, and shall not be charged to SUNTRUST in any event whatsoever. The Customer is liable to attend to the compatibility of the hardware and software which will be used for access to SUNTRUST Digital Platform.

Access to SUNTRUST Digital Banking Services requires an Internet browser or mobile operating system which is compliant with market standard security norms. The choice and installation of the Web browser or operating system shall be the responsibility of the Customer, and not SUNTRUST in any circumstance.

The technical and operating specifications of the SunTrust Digital Banking Services may be subjected to further developments. In this case the Customer shall be personally responsible for the upgrading of his hardware and software

The Customer undertakes to inform SUNTRUST if he detects a website or app which attempts to counterfeit any of SUNTRUST Digital Banking Services.

4.2 Access to SUNTRUST Digital Banking Services

SUNTRUST Digital Banking Services can only be accessed by connection through the SUNTRUST Website. Customer cannot connect from any other address. SUNTRUST Mobile App can only be accessed on the IOS store and Google Play store

SUNTRUST Digital Banking Services are made secure by end-to-end encryption of data transmission. The Customer must ensure that when connecting, the mention of https and a padlock are displayed in his browser tool bar.

In the event of changes in the SUNTRUST Web site address, SUNTRUST shall inform the Customer as appropriate.

SUNTRUST will devote its best efforts to ensure that SunTrust Digital Banking Services operate in normal and satisfactory conditions of security, by putting in place appropriate technical and organizational means. However SUNTRUST cannot, in view of maintenance requirements and incidents which may arise, guarantee an uninterrupted functioning of the SUNTRUST Digital Banking Services.

4.3 Connection to the Customer?s SUNTRUST Private Data Storage Space, and Disconnection

Access to the Customer?s SUNTRUST Private Data Storage Space is strictly reserved for the Customer. The Customer guarantees the confidentiality of his username and or phone number and Personal Security Package, and forbids their use by anybody else. The Customer must ensure that the keyboarding and checking processes of his username and or phone number and Personal Security Package are carried out in perfect conditions of confidentiality and security.

SUNTRUST reserves the right to restrict access to the Customer?s SUNTRUST Private Data Storage Space for some operations (i.e. access to accounts data) when security risks are detected.

From the Customer?s SUNTRUST Private Data Storage Space, the Customer may carry out operations under the SUNTRUST Digital Banking Services in accordance with the options selected by the Customer.

To exit from the SUNTRUST Digital Banking Services, the Customer must click on the log/sign out key on the mobile app button or web page which closes access to the SUNTRUST Digital Banking Services. The Customer undertakes not to exit from the SUNTRUST Digital Banking Services in any other way; especially, the Customer should not be satisfied with closing or reducing the windows.

The SUNTRUST Digital Banking Services are disconnected automatically after an idle period of 5 minutes.

4.4 Theft, loss, forgetting or diversion of the username and/or the Personal Security Package of the Customer.

The Customer must immediately inform SUNTRUST by phone, e-mail, fax, report to a SUNTRUST branch office, in case of theft, loss, forgetting or diversion of his username or Personal Security Package. SUNTRUST shall deny access to the Customer?s SUNTRUST Private Data Storage Space and shall indicate by e-mail or phone number to the Customer what procedure to follow to renew his Personal Security Package.

5. OPERATING RULES OF THE SUNTRUST DIGITAL BANKING SERVICES

5.1 General Rules

Orders and requests for services passed on a working day by the Customer from the Customer?s SUNTRUST Private Data Storage Space are deemed to be received by SUNTRUST on the same day. However any order or request for services passed on a non-working day or after the SUNTRUST closing hours shall be deemed to have been received by SUNTRUST on the following working day.

Orders and requests for services are executed by SUNTRUST in the terms and time provided for in the applicable agreements, completed by these Terms and the directives indicated to the Customer by SUNTRUST. SUNTRUST also reserves the right not to act upon any order or request for services, especially in case of insufficient funds, for security reasons or when there is a suspicion that the requested operation might not be authorized or might be fraudulent.

5.2 Specific rules applicable to enquiry and information services

The Customer may carry out the following operations through the SUNTRUST Digital Banking Services, in the conditions specified below:

  • Display the details of his deposit accounts(s) if need be, and especially use limits, balances, real time movements on the account(s) except for operations in process ;
  • Display the statements of accounts:

The Customer may display on his SUNTRUST Private Data Storage Space the statements of accounts as they may be available in hard copy in SUNTRUST branch offices.

  • Download statements on a specific period:

The Customer may download his statements of accounts for a specific period chosen by him under the available formats as indicated on his SUNTRUST Private Data Storage Space. To this end, the Customer must comply with the directives displayed on his SUNTRUST Private Data Storage Space.

Information displayed on the Customer?s SUNTRUST Private Data Storage Space may be temporary. Accessible information on Customer?s SUNTRUST Private Data Storage Space is provided for information. Only hard copy statements available in SUNTRUST branch offices are final.

5.3 Specific Rules applicable to operation execution services.

The Customer may carry out the following operations through SUNTRUST Digital Banking Services in the terms specified below:

Bank transfers:

The Customer is entitled to request for occasional or permanent transfers as follows:

  1. Own accounts transfers (among SUNTRUST bank accounts owned by the Customer);
  2. Transfers within SUNTRUST (to other customers? SUNTRUST accounts);
  3. Transfers to other in-country banks (to the Customer?s or to other customers? accounts held at other in-country banks);

Such transfer orders may only be given from the account(s) displayed in the Customer?s SUNTRUST Private Data Storage Space (excluding accounts from which funds transfers are impossible).

Customer may register some beneficiaries in his SUNTRUST Private Data Storage Space in accordance with the procedure indicated in the Customer?s SUNTRUST Private Data Storage Space or at the Customer?s SUNTRUST branch office

Transfers are limited in terms of unit amounts per transfer, and/or in cumulated amounts per period (day, week and/or month), in accordance to regulations in force and SUNTRUST policies. SUNTRUST reserves the right to modify these limits for reasons relating to regulations, internal policies, security, or on request by the Customer with acceptance by SUNTRUST.

Transfers are ordered by the Customer as indicated in the Customer?s SUNTRUST Private Data Storage Space.

Transmission of transfer orders as indicated under this section is deemed to have the Customer?s consent to the execution of these operations, whereby they may be charged to the account(s) of the Customer, as the case may be. The Customer?s consent to such transfer orders makes these transfers irrevocable. The Customer must ensure that his/her transfer orders are accepted by SUNTRUST, using the monitoring functions provided in the Customer?s SUNTRUST Private Data Storage Space.

Transfer orders are executed in compliance with directives given by the Customer in his/her SUNTRUST Private Data Storage Space, with respect to the account to be debited, the account to be credited and the amount of the operation.

Sensitive operations are subjected to additional authentication and security in the form of a one-time password (OTP) or PIN in the case of SunTrust Mobile Banking. Sensitive operations are making one-off payments and adding and changing beneficiaries. OTP is transmitted to the Customer by e-mail. If the Customer does not use the OTP within the prescribed validity period, he must go through the procedure afresh.

SUNTRUST reserves the right, anytime and without notice, to:

  • Adjust the duration of validity of the OTP
  • Impose OTP on operations, other than those listed above, SUNTRUST deems sensitive or risky
  • Amend or increase authentication and security measures on operations SUNTRUST deems sensitive or risky.

The Customer is aware that the provision of services indicated under this article 5.3 may require the Customer to supply his SUNTRUST branch office with additional information and documents (for example, information on transfers); this is deemed accepted by the Customer.

5.4 Rules specific to the other services

The Customer may carry out the following operations with SUNTRUST Digital Banking Services, in the terms and conditions detailed below:

- Change password /pin :

The Customer may modify his/her password/pin at any time from his SUNTRUST Private Data Storage Space. To do this, the Customer must comply with the directives indicated in his SUNTRUST Private Data Storage Space.

- Contact SUNTRUST Customer Services and receive messages and notifications from SUNTRUST, through the SUNTRUST dedicated electronic message transmission services. SUNTRUST electronic message transmission service is reserved for transmissions between SUNTRUST and the Customer. This message service has an unlimited storage capacity. Messages sent to trash are definitively suppressed.

- Define preferences for display and personalization for his SUNTRUST Private Data Storage Space in accordance with the indications given in his SUNTRUST Private Data Storage Space;

- Define alerts:

The customer is alerted about certain events, as especially the subscription to SUNTRUST Digital Banking Services, the allocation of his password, the change of his password, or the additional security code for transfer transactions. These alerts shall be sent to the Customer via e-mail.

- Update personal information:

The Customer may make changes to some of his personal information (mobile phone number, e-mail address) from his SUNTRUST Private Data Storage Space. To do this, he must comply with the directives indicated in his SUNTRUST Private Data Storage Space.

- Review and download forms and these general terms and conditions.

6. EVIDENCE OF OPERATIONS EXECUTED BY THE SUNTRUST DIGITAL BANKING SERVICES AND ARCHIVING

6.1 Evidence

The Customer accepts that the recording of telephone conversations and electronic communications by SUNTRUST of orders, requests and operations passed and made through the Customer?s Private Data Storage Space and the electronic message transmission service which can be accessed through the Customer?s SUNTRUST Private Data Storage Space shall be considered as evidence of the said orders, requests and operations.

6.2 Archiving

- With respect to orders for operations and requests for services passed by the Customer through his SUNTRUST Private Data Storage Space:

SUNTRUST keeps the records of orders and request for operations and services passed or made by the Customer, according to the legal period in force. SUNTRUST may supply such data to the Customer upon his request, as per the current rates.

- With respect to information and documents available in his SUNTRUST Private Data Storage Space.

SUNTRUST provides the Customer, in its SUNTRUST Private Data Storage Space with information and documents listed under article 5.2 above, which are generated as from the opening of the SUNTRUST Private Data Storage Space. These information and documents remain accessible to the Customer in his SUNTRUST Private Data Storage Space throughout the duration of his subscription to the SUNTRUST Digital Banking Services.

The Customer is hereby reminded that the denial of access to his SUNTRUST Private Data Storage Space entails the temporary or permanent inaccessibility of all the information displayed in the Customer?s SUNTRUST Private Data Storage Space; and furthermore, that the termination of subscription to SUNTRUST Digital Banking Services entails the definitive inaccessibility of these data. It is therefore recommended to Customers to carry out periodic back-up operations of information and documents displayed on their SUNTRUST Private Data Storage Space, using archiving back-up controlled and kept by themselves, so that no information or documents would be lost in the event of a denial of access to their SUNTRUST Private Data Storage Space. Customers are also reminded that these archives must be kept in perfect conditions of security and confidentiality.

7. FINANCIAL TERMS AND CONDITIONS

Generally, access to the SUNTRUST Digital Platform is provided free of charge. However, SUNTRUST reserves the right to request payment for access to its Digital Banking Services. In this case, article 10.2 shall apply. Transactions made through SUNTRUST Digital Banking Services are subjected to financial terms and conditions arising from applicable agreements in force.

8. PROCESSING OF PERSONAL DATA

SUNTRUST takes all necessary actions to ensure the confidentiality, security and integrity of Customers? data. Every Customer may obtain information on the processing of data concerning him, at his SUNTRUST branch office.

SUNTRUST may have to contact a Customer for proposals on new products or services, through the personal contact information he provided for SUNTRUST Digital Banking Services. The Customer may oppose this practice by contacting his SUNTRUST branch office.

9. LIABILITY

9.1 Customer?s liability

Each Customer is responsible for the transmission of exact, appropriate and complete information to SUNTRUST, and their update at regular intervals.

Each Customer is responsible for any consequence resulting from wrong manipulation attributable to him or to faulty transmission.

Each Customer is fully responsible for the use and safe keeping of his username, Phone number, PIN and Personal Data Package, as well as for the consequences of their disclosure to anyone.

Each Customer shall bear responsibility for any prejudice which may arise from connection to the SUNTRUST Digital Banking Services web site through another address and/or another procedure than those indicated in these general terms and conditions, which, inter alia, might lead to a site operated by a malicious third party seeking to divert the Customer?s bank data.

Each Customer declares that he knows the risks inherent to the use of Digital banking services (risks relating to data security, diversion, misappropriation of funds , misuse, etc.) and further declares that he fully accepts to assume the consequences of such risks.

9.2 SUNTRUST?s liability

SUNTRUST will use its best efforts to process orders passed by the Customer in conditions which are appropriate to ensure a normal service level. However, SUNTRUST is not responsible for data transmission. SUNTRUST shall not be liable for any keying error by the Customer which might especially result in the non-reception of information by the Customer, or in a faulty execution of an operation by SUNTRUST.

SUNTRUST does not guarantee the operating security of the network, nor shall SUNTRUST be held liable for the consequences of any error made by the Customer or any malfunctioning which are out of the control of SUNTRUST.

SUNTRUST shall not be liable for the consequences of the use of the username and/or Personal
Security Package of a Customer by a third party, especially in cases of fraudulent or unauthorized use.

SUNTRUST shall not be liable for any consequence of the Customer?s lack of information on any changes made to his personal data, in particular to his personal contact data (i.e. lack of information on changes made to his address resulting in non-reception by the Customer of a notification sent by SUNTRUST; communication of a wrong mobile phone number, resulting in non-reception by the Customer of a security code necessary for the processing of a transaction, etc.).

SUNTRUST will not be held liable in the event a message is not received or sent by the Customer as a result of an excess use of the message service provided to the Customer on his SUNTRUST Private Data Storage Space.

SUNTRUST shall not be liable for the consequences to the Customer of the interruption of the SUNTRUST Digital Banking Services, in which case the Customer may request information from his SUNTRUST branch office.

More generally, SUNTRUST is not liable in cases of damages attributable to the Customer, a third party or to Force Majeure. SUNTRUST shall not be responsible in cases of indirect damages, including in particular, any loss of data, claim from a third party, loss of image or reputation, etc.

In any case, the responsibility of SUNTRUST is limited to the amount of the operation for which its liability is called into question. Liability of SUNTRUST can only apply in instances where SUNTRUST, beyond reasonable doubt is found negligent in its operations of Customer?s transaction.

10. DURATION, TERMINATION AND MODIFICATION OF THE SUNTRUST ON LINE BANKING SERVICES

10.1 Duration, access denial and termination

The duration of the subscription to SUNTRUST Digital Banking Services is indefinite. Each party may terminate by registered mail with a request for acknowledgement of receipt.

The closing of all the accounts held or contracted by the Customer with SUNTRUST entails ipso facto the immediate termination of his Subscription to SUNTRUST Digital Banking Services, without any further judicial recourse nor formalities.

SUNTRUST reserves the right of deny access to the Customer?s SUNTRUST Private Data Storage Space:

  • After multiple attempts to connect with wrong data
  • After an idle period exceeding three months;
  • In case of unauthorized access, or where SUNTRUST suspects an unauthorized or fraudulent access to the Customer?s SUNTRUST Private Data Storage Space;
  • When the Customer has died;
  • For security reasons.

If necessary, SUNTRUST shall inform the Customer accordingly, and also indicate any action to be taken after the denial of access (termination or re-activation) within a reasonable time.

Furthermore, SUNTRUST may terminate SUNTRUST Digital Banking Services in case of default by the Customer, in particular and without limitations, in case of:

  • Insufficient funds;
  • Non-compliance with security measures and directives, especially with respect to the confidentiality of usernames and Personal Data Packages;
  • Requests for irregular transactions;
  • Suspicion of money laundering or terrorism financing;
  • Unreasonable or non-compliant use of the SUNTRUST message services;
  • Termination of the operating of the SUNTRUST Digital Banking Services for any reason whatsoever and especially for security reasons.

SUNTRUST informs the Customer of the effective date of the termination which may be immediate, except where some imperative security reason is an obstacle to the disclosure of the cause of the termination.

The termination of subscription to SUNTRUST Digital Banking Services entails the immediate denial of access to the Customer?s SUNTRUST Private Data Storage Space and the definitive inaccessibility of all the information in his SUNTRUST Private Data Storage Space.

10.2 Modification

The Customer may request for modifications on the SUNTRUST Digital Banking Services, in particular with respect to the list of accounts. These modifications shall take effect after acceptance by SUNTRUST. In the event of their rejection, the Customer shall be informed accordingly

The SUNTRUST Digital Banking Services and their operating terms and conditions may be subjected to change and/or further developments. The Customer shall be informed of such developments as and when they take effect from time to time. In the event of their rejection by the Customer, his subscription to the SUNTRUST Digital Banking Services shall be terminated as provided under article 10.1.

11. GOVERNING LAW AND COMPETENT COURTS

These general terms and conditions shall be governed by the laws in force in the country of the SUNTRUST branch office where the Customer?s account(s) is/are domiciled. Any dispute arising from the operation of the SUNTRUST Digital Banking Services shall be within the purview of the competent courts in the concerned location.