DHANLAXMI BANK NEFT RTGS FORM
Dhanlakshmi Bank RTGS / NEFT Form
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Dhanlakshmi Bank RTGS / NEFT Form
Applicability of Terms
To avail / use the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility a Customer shall submit to Dhanlaxmi Bank Ltd. a RTGS/NEFT Funds Transfer named as Dhanam@Realtime Application. Dhanlaxmi Bank Ltd. shall be entitled, at its sole discretion, to accept and process or reject such RTGS/NEFT Funds Transfer Application.
The Terms and Conditions shall be in addition to and not in derogation of the regulations, circulars, orders, notifications, press releases, instructions issued by RBI from time to time, including the RTGS (Membership) Business Operating Guidelines, 2004 and the RTGS (Membership) Regulations, 2004, (hereinafter collectively referred to as the “Regulations”) and any practices and / or policies followed by Dhanlaxmi Bank Ltd. from time to time (hereinafter referred to as “Dhanlaxmi Bank Ltd. Practices”). The Customer hereby acknowledges that the Customer has read and understood the Regulations and is aware of Dhanlaxmi Bank Ltd. Practices and / or shall make himself aware of the Dhanlaxmi Bank Ltd. Practices and agrees that the rights and obligations provided therein and in these Terms and Conditions in so far as it relates to the Customer shall be binding on him / it with regard to every Dhanam@Realtime Application issued by him / it.
The Customer understands and agrees that availing the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility shall not be construed as creating any contractual or other rights with or against RBI or any other participant in the RTGS/NEFT other than Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. shall have no obligations to any person including any beneficiary (or any person claiming under or through such beneficiary) other than the Customer, for the execution of any RTGS/NEFT Funds Transfer Application. All obligations of Dhanlaxmi Bank Ltd. to the Customer in relation to any Dhanam@Realtime Application shall cease upon the execution of the RTGS/NEFT Funds Transfer Application
Not withstanding anything contained herein, all terms and conditions stipulated by Dhanlaxmi Bank Ltd. in connection with the Accounts shall continue to apply.
The Terms and Conditions shall be in addition to and not in derogation of the regulations, circulars, orders, notifications, press releases, instructions issued by RBI from time to time, including the RTGS (Membership) Business Operating Guidelines, 2004 and the RTGS (Membership) Regulations, 2004, (hereinafter collectively referred to as the “Regulations”) and any practices and / or policies followed by Dhanlaxmi Bank Ltd. from time to time (hereinafter referred to as “Dhanlaxmi Bank Ltd. Practices”). The Customer hereby acknowledges that the Customer has read and understood the Regulations and is aware of Dhanlaxmi Bank Ltd. Practices and / or shall make himself aware of the Dhanlaxmi Bank Ltd. Practices and agrees that the rights and obligations provided therein and in these Terms and Conditions in so far as it relates to the Customer shall be binding on him / it with regard to every Dhanam@Realtime Application issued by him / it.
The Customer understands and agrees that availing the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility shall not be construed as creating any contractual or other rights with or against RBI or any other participant in the RTGS/NEFT other than Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. shall have no obligations to any person including any beneficiary (or any person claiming under or through such beneficiary) other than the Customer, for the execution of any RTGS/NEFT Funds Transfer Application. All obligations of Dhanlaxmi Bank Ltd. to the Customer in relation to any Dhanam@Realtime Application shall cease upon the execution of the RTGS/NEFT Funds Transfer Application
Not withstanding anything contained herein, all terms and conditions stipulated by Dhanlaxmi Bank Ltd. in connection with the Accounts shall continue to apply.
Scope of RTGS
RTGS is a payment system in which both processing and final settlement of fund transfer instructions happens real time. It is a gross settlement system where transfers are settled individually, i.e. without netting debits against credits. RTGS effects final settlement continuously rather than periodically and the settlements are immediate, final and irrevocable.
Scope of NEFT
National Electronic Fund Transfer (NEFT) application is built on Structured Financial Messaging System SFMS).The transactions in NEFT are settled in batches. Any transaction initiated after a designated settlement time would have to wait till the next designated settlement time. Contrary to this, in RTGS, transactions are processed continuously throughout the RTGS business hours.
Rights and Obligations of the Customer
The Customer shall be entitled, subject to the Regulations and the terms and conditions herein or as may be modified from time to time, to issue Dhanam@Realtime Application for execution by Dhanlaxmi Bank Ltd..
The Dhanam@Realtime Application shall be issued by the Customer, in the form as prescribed from time to time, which is complete in all particulars. The Customer shall be responsible for the accuracy of the particulars given in the Dhanam@Realtime Application and shall be liable and responsible for any loss or damage arising on account of any error in the RTGS/NEFT Funds Transfer Application.
The Customer shall be bound by any Dhanam@Realtime Application executed by Dhanlaxmi Bank Ltd., upon the execution of the Dhanam@Realtime Application by Dhanlaxmi Bank Ltd. reasonably in compliance with such instruction.
The Customer shall ensure availability of funds in the Account(s) towards the fulfillment of the Dhanam@Realtime Application before / at the time of the execution of the Dhanam@Realtime Application by Dhanlaxmi Bank Ltd. as also for the payment of applicable fees and / or charges. In case Dhanlaxmi Bank Ltd., at its discretion, executes the Dhanam@Realtime Application without necessary funds being available in the Account for payment of fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS Facility for which Dhanlaxmi Bank Ltd. may extend a temporary loan / overdraft for the amount of such fees / charges which have not been paid or which is unavailable in the Account (hereinafter referred to as “Temporary Overdraft”), that the Customer shall pay / repay forthwith and in any case not later than the end of that Business Day. Dhanlaxmi Bank Ltd. shall be entitled to charge interest on the Temporary Overdraft at rates determined by Dhanlaxmi Bank Ltd. from time to time, for the period during which the Temporary Overdraft is outstanding. If the Customer does not repay to Dhanlaxmi Bank Ltd. the Temporary Overdraft with such interest as has accrued on it, before the end of that Business Day, Dhanlaxmi Bank Ltd. shall be entitled to charge further interest on such unpaid amounts at rates determined by Dhanlaxmi Bank Ltd. from time to time (hereinafter referred to as “Further Interest”).
Notwithstanding the above, the Customer agrees that Dhanlaxmi Bank Ltd. shall be entitled, at all times, to debit, any and all of, the balances standing at any time to the credit of the Account (or other accounts of the Customer with Dhanlaxmi Bank Ltd.), for the payment of the fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and / or for repayment of the Temporary Overdraft and any interest (including Further Interest) payable on the Temporary Overdraft.
The Customer agrees that the fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the interest (including Further Interest) payable by the Customer on the Temporary Overdraft are reasonable.
The Customer agrees that the Dhanam@Realtime Application shall become irrevocable when such instructions have been executed and / or are in the RTGS for execution, and the revocation of such instruction is not possible.
(a) Subject to the provision of sub clause (b) below, the Customer agrees that Dhanlaxmi Bank Ltd. shall be liable to the Customer, only in the event of any error in the execution of the instructions pursuant to a Dhanam@Realtime Application arising on account of gross negligence or willful misconduct of Dhanlaxmi Bank Ltd.. In such an event, Dhanlaxmi Bank Ltd.'s liability shall be limited to the refund of the excess amounts (if any) erroneously paid or reversal of the transaction if possible and practical, so to do and / or refund of any fees and / or charges which have been paid to Dhanlaxmi Bank Ltd. in relation to the Dhanam@Realtime Application erroneously executed. In the event of a Dhanam@Realtime Application not having been fully effected (i.e. there being a deficiency or shortfall in the amount to be actually remitted / transferred) Dhanlaxmi Bank Ltd.'s obligation and liability shall be limited to remitting / transferring such deficient amounts or amounts in shortfall, upon the same being brought to its notice and subject to availability of funds in the Account.
(b) The Customer shall forthwith report to Dhanlaxmi Bank Ltd. any discrepancy in the execution of a Dhanam@Realtime Application by Dhanlaxmi Bank Ltd.. The Customer agrees that, in any event, he / it shall not be entitled to dispute the correctness of the execution of the Dhanam@Realtime Application or the amount debited to his Account, after five Business Days from the date of the RTGS Funds Transfer Application
No Dhanam@Realtime Application shall have any special conditions attached to it, unless specifically agreed to in writing by Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. shall have the sole discretion to decide on the cut-off time for transmitting the settlement instructions. Dhanam@Realtime Application received after cut-off time will be completed on the next Business Day. Such cut – off time shall be notified to the Customers on Timings section of the website.
The Customer agrees that it is aware that there is a risk of non-payment to the beneficiary on the day of the transaction. The same may be for any reason whatsoever, including a holiday at the beneficiary's branch. Dhanlaxmi Bank Ltd. or RBI or any other participant in the RTGS/NEFT shall not be liable, in any manner whatsoever, to the Customer for any such delay.
The Dhanam@Realtime Application shall be issued by the Customer, in the form as prescribed from time to time, which is complete in all particulars. The Customer shall be responsible for the accuracy of the particulars given in the Dhanam@Realtime Application and shall be liable and responsible for any loss or damage arising on account of any error in the RTGS/NEFT Funds Transfer Application.
The Customer shall be bound by any Dhanam@Realtime Application executed by Dhanlaxmi Bank Ltd., upon the execution of the Dhanam@Realtime Application by Dhanlaxmi Bank Ltd. reasonably in compliance with such instruction.
The Customer shall ensure availability of funds in the Account(s) towards the fulfillment of the Dhanam@Realtime Application before / at the time of the execution of the Dhanam@Realtime Application by Dhanlaxmi Bank Ltd. as also for the payment of applicable fees and / or charges. In case Dhanlaxmi Bank Ltd., at its discretion, executes the Dhanam@Realtime Application without necessary funds being available in the Account for payment of fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS Facility for which Dhanlaxmi Bank Ltd. may extend a temporary loan / overdraft for the amount of such fees / charges which have not been paid or which is unavailable in the Account (hereinafter referred to as “Temporary Overdraft”), that the Customer shall pay / repay forthwith and in any case not later than the end of that Business Day. Dhanlaxmi Bank Ltd. shall be entitled to charge interest on the Temporary Overdraft at rates determined by Dhanlaxmi Bank Ltd. from time to time, for the period during which the Temporary Overdraft is outstanding. If the Customer does not repay to Dhanlaxmi Bank Ltd. the Temporary Overdraft with such interest as has accrued on it, before the end of that Business Day, Dhanlaxmi Bank Ltd. shall be entitled to charge further interest on such unpaid amounts at rates determined by Dhanlaxmi Bank Ltd. from time to time (hereinafter referred to as “Further Interest”).
Notwithstanding the above, the Customer agrees that Dhanlaxmi Bank Ltd. shall be entitled, at all times, to debit, any and all of, the balances standing at any time to the credit of the Account (or other accounts of the Customer with Dhanlaxmi Bank Ltd.), for the payment of the fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and / or for repayment of the Temporary Overdraft and any interest (including Further Interest) payable on the Temporary Overdraft.
The Customer agrees that the fees and / or charges payable to Dhanlaxmi Bank Ltd. for providing access to or allowing the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the interest (including Further Interest) payable by the Customer on the Temporary Overdraft are reasonable.
The Customer agrees that the Dhanam@Realtime Application shall become irrevocable when such instructions have been executed and / or are in the RTGS for execution, and the revocation of such instruction is not possible.
(a) Subject to the provision of sub clause (b) below, the Customer agrees that Dhanlaxmi Bank Ltd. shall be liable to the Customer, only in the event of any error in the execution of the instructions pursuant to a Dhanam@Realtime Application arising on account of gross negligence or willful misconduct of Dhanlaxmi Bank Ltd.. In such an event, Dhanlaxmi Bank Ltd.'s liability shall be limited to the refund of the excess amounts (if any) erroneously paid or reversal of the transaction if possible and practical, so to do and / or refund of any fees and / or charges which have been paid to Dhanlaxmi Bank Ltd. in relation to the Dhanam@Realtime Application erroneously executed. In the event of a Dhanam@Realtime Application not having been fully effected (i.e. there being a deficiency or shortfall in the amount to be actually remitted / transferred) Dhanlaxmi Bank Ltd.'s obligation and liability shall be limited to remitting / transferring such deficient amounts or amounts in shortfall, upon the same being brought to its notice and subject to availability of funds in the Account.
(b) The Customer shall forthwith report to Dhanlaxmi Bank Ltd. any discrepancy in the execution of a Dhanam@Realtime Application by Dhanlaxmi Bank Ltd.. The Customer agrees that, in any event, he / it shall not be entitled to dispute the correctness of the execution of the Dhanam@Realtime Application or the amount debited to his Account, after five Business Days from the date of the RTGS Funds Transfer Application
No Dhanam@Realtime Application shall have any special conditions attached to it, unless specifically agreed to in writing by Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. shall have the sole discretion to decide on the cut-off time for transmitting the settlement instructions. Dhanam@Realtime Application received after cut-off time will be completed on the next Business Day. Such cut – off time shall be notified to the Customers on Timings section of the website.
The Customer agrees that it is aware that there is a risk of non-payment to the beneficiary on the day of the transaction. The same may be for any reason whatsoever, including a holiday at the beneficiary's branch. Dhanlaxmi Bank Ltd. or RBI or any other participant in the RTGS/NEFT shall not be liable, in any manner whatsoever, to the Customer for any such delay.
Rights and obligations of Dhanlaxmi Bank Ltd.
Dhanlaxmi Bank Ltd. shall endeavor to duly execute a Dhanam@Realtime Application issued and authorised by the Customer, except when:
- The funds available in the Account are not adequate or funds are not properly applicable / available to comply with the Dhanam@Realtime Application and / or the payment of any fees and / or charges as applicable and the Customer has not made any other arrangement to meet its payment obligations in relation to the Dhanam@Realtime Application and / or the any fees and / or charges as applicable.
- The Dhanam@Realtime Application is incomplete or it is not issued in the agreed form or when the Dhanam@Realtime Application has been filled in wrongly or has been received in advance of the date as specified in the RTGS/NEFT Funds Transfer Application.
- The Dhanam@Realtime Application is attached with notice of any special condition.
- In the event the Dhanam@Realtime Application is issued to carry out an unlawful transaction.
- The Dhanam@Realtime Application cannot be executed in the RTGS/NEFT.
- The Dhanam@Realtime Application is received by Dhanlaxmi Bank Ltd. on a day other than Business Day.
- The Dhanam@Realtime Application has not been received by Dhanlaxmi Bank Ltd. even though forwarded by the customer.
An acknowledgement of receipt of a Dhanam@Realtime Application shall not be construed as binding Dhanlaxmi Bank Ltd. to execute the same, other than in terms of these Terms and Conditions and the right reserved by Dhanlaxmi Bank Ltd. to reject or refuse the carrying on of any RTGS/NEFT Funds Transfer Application. The Customer agrees that no prior or written intimation or notice of such refusal or rejection needs to be provided by Dhanlaxmi Bank Ltd..
Fees and / or Charges
Dhanlaxmi Bank Ltd. may levy fees and / or charges for use of Dhanlaxmi Bank Ltd. RTGS/NEFT Facility which will be notified by Dhanlaxmi Bank Ltd. to the customer from time to time. Any change in the fees and / or charges will be notified to the Customer by hosting the same on Fees Section of the website. The charges as above shall be in addition to any charges which RBI may levy on any given transaction.
Fees and / or Charges
Dhanlaxmi Bank Ltd. may levy fees and / or charges for use of Dhanlaxmi Bank Ltd. RTGS/NEFT Facility which will be notified by Dhanlaxmi Bank Ltd. to the customer from time to time. Any change in the fees and / or charges will be notified to the Customer by hosting the same on Fees Section of the website. The charges as above shall be in addition to any charges which RBI may levy on any given transaction.
RTGS Funds Transfer Application
The Customer agrees and understands that the Dhanam@Realtime Application is not negotiable instrument. It is merely an instruction to Dhanlaxmi Bank Ltd. to debit the Account and credit the beneficiary's account using RTGS. The Customer agrees and acknowledges that Dhanlaxmi Bank Ltd. has not made any representations to the Customer that the Dhanam@Realtime Application is a negotiable instrument. The Customer agrees that Dhanlaxmi Bank Ltd. shall have no obligations to any person including any beneficiary (or any person claiming under or through such beneficiary) other than the Customer, for the execution of a RTGS/NEFT Funds Transfer Application.
The Customer agrees that instructions for making payments through the RTGS shall be accepted only in the form of an RTGS Funds Transfer Application. If subsequently Dhanlaxmi Bank Ltd. allows payment instructions to be made in any other mode and the Customer wants to avail of such modes, the Customer agrees to abide by such terms and conditions as Dhanlaxmi Bank Ltd. may stipulate for such modes
The Customer also agrees to enter into, make, sign, execute, deliver, acknowledge and perform any agreement, deed, writing or thing that may in the opinion of Dhanlaxmi Bank Ltd. be necessary, proper and expedient for the aforesaid purpose.
The Customer agrees that instructions for making payments through the RTGS shall be accepted only in the form of an RTGS Funds Transfer Application. If subsequently Dhanlaxmi Bank Ltd. allows payment instructions to be made in any other mode and the Customer wants to avail of such modes, the Customer agrees to abide by such terms and conditions as Dhanlaxmi Bank Ltd. may stipulate for such modes
The Customer also agrees to enter into, make, sign, execute, deliver, acknowledge and perform any agreement, deed, writing or thing that may in the opinion of Dhanlaxmi Bank Ltd. be necessary, proper and expedient for the aforesaid purpose.
Instructions
The Customer confirms that all the persons authorized to operate the Accounts (the “Authorized Officials”) are also authorized, as per the present mode of operation, to issue an Dhanam@Realtime Application to Dhanlaxmi Bank Ltd.. The Customer undertakes to keep Dhanlaxmi Bank Ltd. informed of any changes in the mode of operation of any of the Accounts.
The Customer is responsible for the accuracy and authenticity of the instructions provided to Dhanlaxmi Bank Ltd. and the same shall be considered to be sufficient to operate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. Dhanlaxmi Bank Ltd. shall not be required to independently verify the instructions or authority of the Authorized Officials of the customer.
Dhanlaxmi Bank Ltd. has no liability if it does not or is unable to stop or prevent the implementation of any instruction revoked by the Customer. Where Dhanlaxmi Bank Ltd. considers the instructions to be inconsistent or contradictory, it may at its discretion either (i) seek clarification from the Customer before acting on any instruction of the Customer, or (ii) act upon any such instruction as it thinks fit.
Dhanlaxmi Bank Ltd. may refuse to comply with the instructions without assigning any reason whatsoever. Dhanlaxmi Bank Ltd. shall not be under any duty to assess the prudence or otherwise of any instruction. Dhanlaxmi Bank Ltd. has the right to suspend the operations through the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility if it believes that the Customer's instructions will lead to or expose Dhanlaxmi Bank Ltd. to direct or indirect loss or may require an indemnity from the Customer in such form, substance and manner as it deems fit before continuing to operate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. All instructions issued by the Customer or its Authorized Officials, are the sole responsibility of the Customer.
The Customer is responsible for the accuracy and authenticity of the instructions provided to Dhanlaxmi Bank Ltd. and the same shall be considered to be sufficient to operate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. Dhanlaxmi Bank Ltd. shall not be required to independently verify the instructions or authority of the Authorized Officials of the customer.
Dhanlaxmi Bank Ltd. has no liability if it does not or is unable to stop or prevent the implementation of any instruction revoked by the Customer. Where Dhanlaxmi Bank Ltd. considers the instructions to be inconsistent or contradictory, it may at its discretion either (i) seek clarification from the Customer before acting on any instruction of the Customer, or (ii) act upon any such instruction as it thinks fit.
Dhanlaxmi Bank Ltd. may refuse to comply with the instructions without assigning any reason whatsoever. Dhanlaxmi Bank Ltd. shall not be under any duty to assess the prudence or otherwise of any instruction. Dhanlaxmi Bank Ltd. has the right to suspend the operations through the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility if it believes that the Customer's instructions will lead to or expose Dhanlaxmi Bank Ltd. to direct or indirect loss or may require an indemnity from the Customer in such form, substance and manner as it deems fit before continuing to operate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. All instructions issued by the Customer or its Authorized Officials, are the sole responsibility of the Customer.
Sharing of Information
The Customer irrevocably and unconditionally authorises Dhanlaxmi Bank Ltd. to access all the Customer's Accounts and records for the purpose of providing the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. The Customer agrees that Dhanlaxmi Bank Ltd. may hold and process its personal information and all other information concerning Dhanam@Realtime Application and / or its Account(s) on computer or otherwise in connection with the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility as well as for analysis, credit scoring and marketing.
Disclaimer of Liability
Dhanlaxmi Bank Ltd. does not hold out any warranty and makes no representation about the quality of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility. The Customer agrees and acknowledges that Dhanlaxmi Bank Ltd. shall not be liable and shall in no way be held responsible for any damages whatsoever, whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer and processed by Dhanlaxmi Bank Ltd., information provided or disclosed by Dhanlaxmi Bank Ltd. regarding Customer's Accounts or any loss of any character or nature whatsoever, and whether sustained by the Customer or by any other person.
Dhanlaxmi Bank Ltd. shall endeavor to execute and process the transactions as proposed to be made by the Customer promptly but shall not be responsible for any non-response or delay in responding due to any reason whatsoever, including due to failure of operational systems or any requirement of law.
Neither Dhanlaxmi Bank Ltd. nor its subsidiaries or affiliates shall be liable for any unauthorized persons accessing the records and / or Accounts / information through the use of Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the Customer hereby fully indemnifies and holds Dhanlaxmi Bank Ltd. and its subsidiaries and affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Dhanlaxmi Bank Ltd. shall under no circumstance, be held liable to the Customer if the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Dhanlaxmi Bank Ltd..
Illegal or improper use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility shall render the Customer liable for payment of pecuniary charges or penalties which Dhanlaxmi Bank Ltd. may at its sole discretion decide or may result in suspension of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility to the Customer. The Customer hereby also agrees to fully indemnify and hold Dhanlaxmi Bank Ltd. and its subsidiaries and affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
All the records (including electronic) of Dhanlaxmi Bank Ltd. generated by the transactions arising out of the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. For the protection of both the parties, and as a tool to correct misunderstandings, the Customer understands, agrees and authorises Dhanlaxmi Bank Ltd., at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations (if any) between the Customer and Dhanlaxmi Bank Ltd. and any of its employees or agents or instruction provided by the Customer to Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the Dhanlaxmi Bank Ltd. RTGS Facility.
Indemnity
The Customer agrees, at its own expense, to indemnify, defend and hold harmless Dhanlaxmi Bank Ltd., its subsidiaries and affiliates, and any of their directors and employees, representatives and / or agents against any claim, suit, action or other proceeding brought against them by a third party, to the extent that such claim, suit, action of other proceeding brought against such person is based on or arises in connection with any action of the Customer, including but not limited to:
Dhanlaxmi Bank Ltd. shall endeavor to execute and process the transactions as proposed to be made by the Customer promptly but shall not be responsible for any non-response or delay in responding due to any reason whatsoever, including due to failure of operational systems or any requirement of law.
Neither Dhanlaxmi Bank Ltd. nor its subsidiaries or affiliates shall be liable for any unauthorized persons accessing the records and / or Accounts / information through the use of Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the Customer hereby fully indemnifies and holds Dhanlaxmi Bank Ltd. and its subsidiaries and affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Dhanlaxmi Bank Ltd. shall under no circumstance, be held liable to the Customer if the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Dhanlaxmi Bank Ltd..
Illegal or improper use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility shall render the Customer liable for payment of pecuniary charges or penalties which Dhanlaxmi Bank Ltd. may at its sole discretion decide or may result in suspension of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility to the Customer. The Customer hereby also agrees to fully indemnify and hold Dhanlaxmi Bank Ltd. and its subsidiaries and affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
All the records (including electronic) of Dhanlaxmi Bank Ltd. generated by the transactions arising out of the use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. For the protection of both the parties, and as a tool to correct misunderstandings, the Customer understands, agrees and authorises Dhanlaxmi Bank Ltd., at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations (if any) between the Customer and Dhanlaxmi Bank Ltd. and any of its employees or agents or instruction provided by the Customer to Dhanlaxmi Bank Ltd..
Dhanlaxmi Bank Ltd. expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the Dhanlaxmi Bank Ltd. RTGS Facility.
Indemnity
The Customer agrees, at its own expense, to indemnify, defend and hold harmless Dhanlaxmi Bank Ltd., its subsidiaries and affiliates, and any of their directors and employees, representatives and / or agents against any claim, suit, action or other proceeding brought against them by a third party, to the extent that such claim, suit, action of other proceeding brought against such person is based on or arises in connection with any action of the Customer, including but not limited to:
- A violation of the Terms and Conditions by the Customer;
- Any use of the Dhanlaxmi Bank Ltd. RTGS Facility by the Customer;
- Any misrepresentation or breach of representation or warranty made by the Customer contained herein;
- Any breach of any covenant or obligation to be performed by the Customer hereunder;
The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The Customer hereby agrees that under all circumstances, Dhanlaxmi Bank Ltd.'s aggregate liability for claims relating to the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility, whether for breach or in tort shall be limited to the transaction charges / fees or consideration paid by the client within the previous twelve (12) months for the service, excluding any amount paid towards transactions.
The Customer hereby agrees that under all circumstances, Dhanlaxmi Bank Ltd.'s aggregate liability for claims relating to the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility, whether for breach or in tort shall be limited to the transaction charges / fees or consideration paid by the client within the previous twelve (12) months for the service, excluding any amount paid towards transactions.
Assignment
Dhanlaxmi Bank Ltd. shall be entitled to sell, assign or transfer Dhanlaxmi Bank Ltd.'s right and obligations under this Agreement to any person of Dhanlaxmi Bank Ltd.'s choice in whole or in part and in such manner and on such terms and conditions as Dhanlaxmi Bank Ltd. may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons.
The Customer, its successors and assigns are bound by the terms of this Agreement. However, the Customer shall not be entitled to transfer or assign any of its rights and obligations under this Agreement.
The Customer, its successors and assigns are bound by the terms of this Agreement. However, the Customer shall not be entitled to transfer or assign any of its rights and obligations under this Agreement.
Termination
The Customer may request for termination of its use of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility any time by giving a written notice of at least 15 days to Dhanlaxmi Bank Ltd.. The Customer's responsibility for any Dhanam@Realtime Application issued and presented or transactions made through the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility on its behalf shall survive the termination of this Agreement. Dhanlaxmi Bank Ltd. may withdraw or terminate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility anytime either entirely or with reference to a specific Dhanlaxmi Bank Ltd. RTGS/NEFT Facility without assigning any reasons whatsoever. Dhanlaxmi Bank Ltd. may suspend or terminate the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility without prior notice if the Customer has breached any of the terms and conditions contained herein.
The Customer agrees that the Customer shall continue to remain liable to Dhanlaxmi Bank Ltd. for any instructions given under a Dhanam@Realtime Application prior to the request for termination by the Customer and no further Dhanam@Realtime Application shall be given by the Customer after the request for termination has been made.
The Customer also agrees and understands that RBI may terminate, modify, assign the provisions of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the Customer shall abide by the same.
The Customer agrees that the Customer shall continue to remain liable to Dhanlaxmi Bank Ltd. for any instructions given under a Dhanam@Realtime Application prior to the request for termination by the Customer and no further Dhanam@Realtime Application shall be given by the Customer after the request for termination has been made.
The Customer also agrees and understands that RBI may terminate, modify, assign the provisions of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility and the Customer shall abide by the same.
General Conditions
The laws of India shall govern these terms and conditions and/or the operations in the Account(s) maintained by Dhanlaxmi Bank Ltd.. Any legal action or proceedings arising out of these Terms and Conditions or in relation to the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility shall be brought in the courts or tribunals at Thrissur in India . Dhanlaxmi Bank Ltd. may, however, in their absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction.
The clause headings in these Terms and Conditions are only for convenience and do not affect the meaning of the relative clause.
Dhanlaxmi Bank Ltd. may sub-contract and employ agents to carry out any of its obligations hereunder.
Dhanlaxmi Bank Ltd. has the absolute discretion to amend or supplement any of the Terms and Conditions as stated herein at any time and will endeavor to give prior notice of 7 (seven) days for such changes wherever feasible. By using the services after any such modification made by Dhanlaxmi Bank Ltd., the Customer shall be deemed to have accepted the changed terms and conditions.
Notices under these Terms and Conditions to the Customer may be given in writing by delivering them by hand or on Dhanlaxmi Bank Ltd.'s website www.Dhanbank.com or by sending them by post to the last address given by the Customer and in the case of Dhanlaxmi Bank Ltd. to its corporate office address as set out hereinabove. In addition, Dhanlaxmi Bank Ltd. may also publish notices of general nature, which are applicable to all Customers in a newspaper or on its website at www.Dhanbank.com. Such notices will have the same effect as a notice served individually to each Customer. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.
Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms and Conditions or affect such provision in any other jurisdiction. Dhanlaxmi Bank Ltd. shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the Account to the extent of all outstanding dues, whatsoever, arising as a result of the Dhanlaxmi Bank Ltd. RTGS/NEFT Facility extended to and/or used by the Customer.
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