SBS commercial online banking terms and conditions

• You will have access to the Services once you accept the Agreement.
• Some Services have their own terms and conditions. To access and use these specific Services, you must read and accept the terms and conditions for those specific Services.
• Access to SBS Commercial Online Banking services is dependent upon the privileges to the Accounts users are granted by the organizational owner of the Online Banking service

• You must be a Cardholder and/or Authorised Signatory in order to register for the Service. 
• If the organization is accessing Online Banking for the first time, it will be required to register to use the Service (“Registration Process”). 
• The organization will only be required to complete this initial Registration Process once. 
• In order to complete the Registration Process, the organization will have to: complete all forms and/or fields on Online Banking as may be required by SBS from time to time in order for you to be registered to use the Service; and 
• pass a resolution indicating that the organization has agreed to register for the Service and has accepted these Terms. A hardcopy can be transmitted to the bank physically or via email.
• The organization agrees to keep its information accurate, complete, and current. The organization registered users must never tell anyone else their username, password and other information required to access the organization account.
• Users are responsible and liable for all activity on the organization account. It is your sole responsibility to monitor and control access to and use of your user account including any access to or use of your user account
• You must ensure that any instructions, information and/or data you submit using your account are correct.

• The Account holder or an Administrator on behalf of the account holder can register Users to  access Accounts through User administration or by contacting SBS
• SBS will assign each User a Customer Login ID and a Password
• the organisation has the ability to appoint a User that can self approve transactions in Online    Banking.

Note: The authorised sharing of an Account through Online Banking does not authorise the Users to operate an Account outside of Online Banking.

• Each User with Approver access must be assigned a Daily Payment Limit.
• The Administrators will be notified within User administration if an Administrator requests to increase a Daily Payment Limit for a User.
• The aggregated maximum amount across all the Accounts for an organization that can be approved each day is known as the Business Daily Limit.

1. There must be at least one Administrator nominated by the organization. The Administrators can manage the permissions including the features Users can access on the Accounts through User administration in Online Banking. The types of tasks an Administrator is authorised to perform include: 
   • Add, amend or remove a User. 
   • Suspend and reactivate a User’s access.
   • Add and assign User access to Accounts and features available to the organization.
   • Set up payee and biller groups within the payee and biller list and assign User access.
   • Create and update new payees and billers.
   • Manage contact details for Users.
   • Amend a User’s Daily Payment Limit. 
   • Amend the Business Daily Limit. 
   • Manage the number of approvals required for payments and other tasks
2. To add an Administrator to an organization’s Online Banking, the owner of the Online Banking service will need to complete an application form.

User Access

Each User added to an organization must be assigned an access group by the Administrators, who can then customise the features accessible to the Users. The following list sets out the User access groups available to the organization and the features that can be made available to Users in the organization.

1. View Accounts
   • view Account balances 
   • view transaction details, statements
2. Create
   • create payments on an Account for Users with Approver access to approve the payment 
   • create multiple payments 
   • create new and amend payee and biller details 
3. Approve

   An Approver with ‘Create Payments’ access to any account may: 

   • approve tasks that the Approver has been assigned (for example, approve a new biller), approve a payment created by another User, or
   • simultaneously create and approve a payment themselves. Note: further approvals may be required depending on the account authority or payment task approvals.

   Note: further approvals may be required depending on the account authority approval requirements as set by the Administrator.

1. You may use Online Banking on any computer, phone or tablet provided that device internet browser meets our minimum operating standards. 
2. We do not guarantee that Online Banking will be  compatible with all hardware and software that you may use.

You may use Internet Banking to:

• view account balances and transactions
• create payees
• transfer money between accounts; 
• make payments to existing and new payees; 
• view statements
• change preferences; and 
• receive messages 
• Obtain Proof of payments

You must: 

• only use the recommended internet browser versions. If you do not use the recommended internet browser version, Online Banking may not function correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances;
• Do not access Online Banking from a Jailbroken Device. SBS will not be responsible for the security of any of your accounts, or personal information or other data which you may provide on Online Banking, should you access the Web Application from a Jailbroken Device.
• Learn how to use the Services and, if necessary, ask SBS for help;
• change immediately any temporary PIN and password that may be allocated by SBS to you;
• read and follow the security procedures published by SBS;
• ensure the safekeeping and confidentiality of your Access Credentials, and in particular ensure that your Access Credentials are not written down or kept where they can easily be discovered;
• ensure that only you or persons authorised by you have access to and are allowed to use the Services;
• inform us immediately if you become aware of or reasonably suspect any unauthorised access to, or compromise and/or use or loss, of your Access Credentials. You will need to go to contact SBS to obtain replacement Access Credentials;
• not cede or assign any of your rights under this Agreement without our prior written consent; and
• not operate or use the Services in any manner that may be prejudicial to us. 

You acknowledge that: 

• we will accept that transactions performed using the Services with your username are performed or authorised by you unless you advise us to the contrary; 
• we will debit the relevant SBS account with the amounts of all transactions carried out using the Services;
• any failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your Access Credentials and may lead to unauthorised transactions on your SBS account(s); and
• any software downloaded by you from the internet, and specifically our internet website, is third-party software, the licensing of which will be subject to such terms and conditions as the licenser of such software may impose. 

• We are entitled to effect any transactions according to the information provided by you.
• We will not verify the numbers of the destination accounts, parties’ names or the amounts involved in any transaction nor will we match the destination account numbers with the parties’ names. If there is a discrepancy in any transaction between the number of the destination account and the name of the party concerned, the destination account number will prevail.
• Payments to other banks may take up to three (3) business days to be reflected in third-party accounts.
• Once we have processed a transaction performed by you using the Services, you will not be able to stop or amend the transaction or instruct us to reverse a transaction that has already been made, except as provided otherwise by law. 

Except where damage or loss arises directly or indirectly from our wilful misconduct or gross negligence (or any person acting for or controlled by us), we will not be liable to you for any damage or loss that you may suffer because of: 

• your use of the Services;
• any action taken in terms of clause 8 or 10;
• any person having gained unauthorised access to any information or data;
• transactions performed using the Services that fail;
• incorrect information having been given to us or to any person, including any credit bureau;
• delay or failure by us to process a transaction performed using the Services;
• malfunction, failure or unavailability of the Services;
• your failure to comply with any of your obligations or any banking and security procedures and requirements;
• destruction of any data, power failures or corruption of storage media;
• natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond our control;
• interruption or distortion of communication links or reliance by any person on incorrect, illegible, inaudible, incomplete or inaccurate information or data contained in any instructions received by us;
• use, misuse, abuse or possession of any third-party software, including, without limitation, any operating system software, browser software or any other software packages or programs;
• breach of security;
• the failure of third-party facilities or systems;
• the inability of a third party to process a transaction;
• fraudulent, false or altered instructions given using the Services; and
• your breach of this Agreement. 

• We retain our copyright in or licence to software and associated information and documents belonging to us and used in the provision of the Services and in respect of any logos, trademarks or Service marks used.
• You may not duplicate, reproduce or in any way tamper with the software and associated documents. 
• In respect of third-party software, we are not a party to any licence agreement entered into by you and the licenser, and therefore provide no warranties relating to such software, including, without limitation, warranties relating to the suitability for a particular purpose, security features or performance. You acknowledge that the use of such software is at your own risk.
• Furthermore, you understand that the use of such third-party software may be illegal in jurisdictions outside Eswatini and/or may infringe on certain third-party intellectual property rights in such jurisdictions. You understand that, should you use any third-party software outside the boundaries of Eswatini, it will at all times be incumbent on you to ascertain the legality of such use and to obtain all necessary licences and permissions from the relevant parties

• For all purposes under this Agreement, the Parties choose the following addresses as their respective domicilia citandi et executandi: us: SBS Head Office, Mdada & Dzeliwe Streets, Mbabane; and you: the last known physical address supplied by you for any of your SBS accounts.
• Any legal notice to be served on any Party may be served at the address specified for such Party in this clause.
• Legal notices will be valid and effective only if given in writing and delivered by hand or prepaid registered post. 
• If delivered by hand, the notice will be deemed to have been received on the date of delivery, provided it was delivered to a responsible person during ordinary business hours.
• If delivered by prepaid registered post, the notice will be deemed to have been received within seven days of the posting date, unless the contrary is proved.
• Notwithstanding anything to the contrary in this clause, a written notice or other communication actually received by any Party will be adequate written notice or communication to such Party even if the notice was not sent to or delivered at the Party’s chosen address.
• A Party may by written notice to the other Party change its address for the purpose of this clause to any other address (other than a post office box number), provided that the change will become effective on the seventh business day after receipt of the notice.
• It is your responsibility to ensure that we are kept informed of any changes to your personal information, including address and contact details. 

• You may terminate your use of these Services at any time without giving us notice.
• We may freeze, suspend, modify or restrict your access to these Services or terminate your access to these Services immediately at any time without prior notice to you due to, including but not limited to, the following circumstances: 

  • Our being compelled to do so by law. 

  • Our having reasonable suspicion that the Services are being used for illegal, unlawful or fraudulent purposes. 

  • Your conduct resulting in a breach of our regulatory obligations. 

• We will give you reasonable prior notice if we want to freeze, suspend, modify or restrict your access to the Services or terminate your access to the Services due to, including but not limited to, the following circumstances, as determined at our sole discretion:
• Our being compelled to do so by law. 
• Reputational risks or operational or business reasons.
• You no longer having a SBS account.
• You no longer qualifying for a SBS account according to our product specifications.
• You no longer qualifying for the Services.
• Your breaching this Agreement.
• Your breaching any other agreement with us.
• Your breaching any of the other service channel and/or product terms and conditions.
• Your doing anything (or allowing anything to be done) that we think may damage or affect the operation or security of the Services. 

• If it becomes uneconomical or commercially impractical for us to provide any of the Services or if we are unable to continue to provide any of the Services, for whatever reason, we may terminate any of the Services on reasonable notice to you.
• We will give you information of comparable services.
• If you do not select an alternative service, we will be entitled to move you to a service that we identify as suitable for your needs. 

• You give us consent to process your organizational information in relation to your applications for financial products and/or services with us, subject to our privacy policies and within the parameters of applicable laws. The processing will include, without limitation, conducting affordability assessments, credit scorings and any other profile building, that can help us appropriately allocate a product or service offering that is suited to your needs. The consent will also extend to us processing your organizational information as we may deem fit for your and/or our legitimate interest. 
• You also give us the right to:
  • collect your organizational information from third parties when reasonably necessary and/or if it is impractical to collect the data directly from you;
  • share your organizational information with third parties if necessary, to provide financial products or services to you;
  • process your organizational information for purposes of complying with any legislative or regulatory requirements; 
  • transfer and/process your organizational information outside Eswatini, where necessary, on condition that such transfer and/or processing is subject to applicable laws binding corporate rules or binding agreement; and
  • process your special organizational information (such as race, ethnic origin, biometric information or alleged criminal behaviour) only where necessary and subject to our privacy policies and applicable laws. 

• We keep all Intellectual Property Rights in and to the Online Banking Application, all content in it or sent to and from the Online Banking Application.
• We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the Online Banking Application, which may include updates and/or upgrades. You will be asked to accept any additional terms through the Online Banking Application when they become applicable to you. The Online Banking Application is licensed to you for the purposes in these Terms only and for no other purposes. The Online Banking Application is licensed only to you and you will not grant any rights of use or any other rights in respect of the Online Banking Application or any Intellectual Property Rights in it to any other person.
• The licence granted to you will commence when you install the Online Banking Application and will continue until it is terminated in line with these Terms, which will result in the cancellation of your access to the Online Banking Application and/or the termination of your ability to use Online Banking. On termination of the license granted in these Terms for any reason, you must immediately stop all use of the Online Banking.
• You may not in any manner exploit the Online Banking Application for any commercial gain of any nature.
• Certain content available on the Online Banking Application may include content belonging to third parties. We may provide links to third-party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy;
• all content belonging to third parties on the Online Banking Application;
• any content featured on the websites that are accessed via links found on the Online Banking  Application.
• You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Online Banking Application, its contents, including any Intellectual Property therein, its design, any updates to the Online Banking Application and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the Online Banking and Mobile App. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.
• You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise (collectively referred to a linking), or any other reference to the Online Banking Application.
• You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against us relating to your unauthorized use of the Online Banking Application and/or any Intellectual Property Rights flowing from them.

• We may change the Agreement and we will give you notice of such changes.
• When you access the Services after the Agreement has been changed, you will need to accept the revised Agreement.
• If you do not agree to the changed Agreement, you may not access the Services. 

For more information call the SBS Contact Centre on 2404 1313 or visit any of our branches or our website at www.sbs.co.sz. 

• We have a complaint process that is available through the SBS Contact Centre, any SBS branch or at www.sbs.co.za.
• If you have a dispute or a complaint regarding your Services, you will need to send us a written statement setting out the dispute or the complaint. We undertake to investigate your dispute or complaint within a reasonable time, keep you informed during the investigation and provide you with a final written response.