35/ the Act- the Act on Electronic Signature of 18 September 2001 (Consolidated text: Journal of Laws of 2013 r., item. 262, as amended),
36/ Payment Services Act - Act of 19 August 2011 on payment sen/ices (Journal of Laws of 2011. No. 199, item 1175, as amended),
37/ mBank Company Net system user - Ihe natural person specified by the Customer in the Agreement. authorised to use the mBank CompanyNet system users
38/ appendix - configuration documents of the mBank CompanyNet system which are the basis to set up the rights of the Customers and users of the mBank CompanyNet system and constitute an integral part of the Agreement,
39/ payment order - an order submitted by the Customer to perform financial settlements through the Bank. or another sewice requested by the Customer by electronic means with the use of the mBank CompanyNet system and in particular domestic funds transfer order (in zloty or in a foreign currency). induding Expres Elixir instant PLN transfers (in zloty) and Blue Cash instant PLN order (in zloty), and HalCash transfer (in zloty), a foreign funds transfer order (in zloty or in a
(tax transfer), an instruction to execute a postał money order (postał order), an order to set up, change the terms of or cancel a term deposit, disbursement of a loan order, an order for mass domestic transfer (Mass Payment or Mass Payment Plus) and direct debit.
1. The Customer's orders referred to in § 83 point 39 are fulfilled by the Bank solely under the terms and in the scope set forth in these Regulations unless these Regulations provide that specific regulations shall apply, and specifically regulations referred to in provisions regarding the fulfilment of orders with the use of optional modules or transaction platforms.
2. The provision of modules or transaction platforms by the Bank, or commencement of execution of the Customers orders by the Bank with the use of modules or transaction platforms may requite the signing of an additional Agreement by the Parties, or the fulfilment by the Customer of other requirements specified in
3. In the case of conf lict of provisions of these Regulations with any of the regulations referred to in paragraph 1. provisions of regulations referred to in paragraph 1 shall apply.
CHAPTER 2
Principles of Providing the mBank CompanyNet system
In order to be provided with the mBank CompanyNet system, the Customer must sign the Agreement with the Bank and fulfil conditions set forth in these Regulations.
1. The Agreement is a framework agreement within the meaning of provisions of the Payment Services Act.
2. The following provisions shall not apply to any payments seraces provided under an Agreement: Chapter II of the Payment Seraces Act and Artides 34 - 37. sections 3 and 4 of Article 40, Artide 45, sections 2 to 5 of Articte 46, Article 47, Artide 48, Article 51, and Artides 144 to 146 of the Payment Seraces Act or, if allowed. any other legał provisions that will amend or modify the above provisions.
1. Spedfication of the parameters of the configuration of the mBank CompanyNet system occurs, through submission to the Bank of appendices, signed by the
2. For the purpose of proper configuration of the mBank CompanyNet system parameters. the Customer is obliged to submit the mBank CompanyNet System Customer’s Access Rights Card together with all required appendices, and specifically:
1/ The mBank CompanyNet System User Card, for each mBank CompanyNet user. It is possible to simultaneously allocate identical rights to multiple mBank 2/ Authorization Scheme Card,
3/ Account Authorization Limit Cards in the case where the Customer wishes to define separate authorization limits for the individua! accounts madę available under the mBank CompanyNet system,
4/ ID Card induding information about Processing persona! data for each user who under mBank CompanyNet System User Card was granted rights by the Customer to authorize orders or to use the FX platform in the scope stipulated in paragraph 5,
5/ Application for purchase/renewal of the certificate under the mBank CompanyNet system for users of mBank CompanyNet using the certificates serace under mBank CompanyNet.
3. Appendices submitted by the Customer become an integral part of the Agreement upon their acceptance by the Bank.
4. The scope of authority allocated to the given mBank CompanyNet system user on the basis of submitted appendices is the sole responsibility of the Customer who granted that authority. The Bank shall not be responsible for any losses that may arise due to actions of mBank CompanyNet system user or mBank CompanyNet system controller, acting in linę with the scope of their authority defined in the contents of the appendices.
5. When the Customer authorises mBank CompanyNet system user to condude transactions in the FX platform, by acting so, he/she also authorises such a user to review transactions in the FX platform of the Customer and to open term deposits and conclude FX transadions by phone.
6. If the access rights of the mBank CompanyNet system user defined in multiple appendices are different or contradictory, the document submitted with the latest datę shall prevail. If the contradictory appendices have been submitted at the same datę, the Bank refuses their acceptance and returns the cards to the Customer.
7. The Bank commences the implementation of the mBank CompanyNet system upon submission by the Customer of all documents listed in paragraph 2 and upon their acceptance by the Bank
8. Appendices and other documents tied to banking actwities may be submitted to the Bank as electronic documents, provided that the Parties have earlier agreed such manner for submission of documents. The agreement of the appropriate manner shall be understood as the Bank providing the relevant functionalities of the mBank CompanyNet system, enabling the Parties to fulfil requirements set forth in Article 7 of the Act dated 29 August 1997 - the Banking Law (Consolidated text: Journal of Lawsof 2012, no. 1376, as amended).
1. The Customer is entitled to change the system's configuration parameters during the term of the Agreement
2. Change of the system's configuration parameters during the term of the Agreement must be madę in writing under the sanction of invalidity. The provisions of § 88 are applied accordingly.
4. The Bank informs the Customer of any change to the current specimens of documents referred to in § 88. to use solely the new specimens of documents.
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