Terms and Conditions for Remote Data Transmission (110 KB, PDF)

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Terms and Conditions for Remote Data Transmission

                                                   The following translation is provided for your convenience only. The original German text “Bedingungen für Datenfernübertragung” is binding in all
                                                   respects. In the event of any divergence between the English and German texts, constructions, meanings or interpretations, those of the German
                                                   original shall govern exclusively.

                                                   1            Scope of services
                                                   (1)          The Bank shall be at the disposal of customers (account holders) who are not consumers for remote data transmission by electronic means,
                                                                referred to hereinafter as “remote data transmission” or “RDT”. Remote data transmission comprises the presentation and retrieval of files
                                                                (particularly transmitting orders and calling up information).
                                                   (2)          The Bank shall inform customers of the types of services they may use within the scope of remote data transmission. The use of remote
                                                                data transmission shall be subject to the transaction limits agreed with the Bank.
                                                   (3)          Remote data transmission shall be possible via the EBICS connection (Annexes 1a – 1c).
                                                   (4)          The structure of the data sets and files used for transmitting orders and calling up information is described in the Data Format Specification
                                                                (Annex 3).

                                                   2            Users and subscribers, identification and security media
                                                   (1)          Orders can be placed via the EBICS connection only by the customer or the customer’s authorised representatives. The customer and the
                                                                authorised representatives are referred to collectively hereinafter as “users” (Nutzer). In order to authorise order data sent by remote data
                                                                transmission by means of an electronic signature, each user shall require individual identification media activated by the Bank. The
                                                                identification media requirements are specified in Annex 1a. If agreed with the Bank, order data sent by remote data transmission may be
                                                                authorised by means of a signed note accompanying it (Begleitzettel)/batch order (Sammelauftrag).
                                                   (2)          In addition to authorised representatives, the customer can name “technical subscribers” (technische Teilnehmer) for the exchange of data
                                                                via the EBICS connection. Such technical subscribers shall only be authorised to exchange data. Users and technical subscribers are referred
                                                                to collectively hereinafter as “subscribers” (Teilnehmer). To protect the exchange of data, each subscriber shall require individual security
                                                                media activated by the Bank. The security media requirements are set out in Annex 1a.

                                                   3            Procedural provisions
                                                   (1)          The data transmission procedure agreed between the customer and the Bank shall be subject to the requirements set out in Annex 1a and in
                                                                the technical interface documentation (Annex 1b) and the Data Format Specification (Annex 3).
                                                   (2)          The customer shall be obligated to ensure that all subscribers comply with the RDT procedure and the specifications.
                                                   (3)          Data field entries shall be governed by the data field entry and control guidelines for the format used in each case (Annex 3).
                                                   (4)          The user must correctly state the unique identifier of the payee or payer in accordance with the relevant special terms and conditions. The
                                                                payment service providers involved in handling the payment order shall be entitled to process it solely on the basis of the unique identifier.
                                                                Incorrect details may result in the payment order being misrouted. Any loss or damage incurred as a result thereof shall be borne by the
                                                                customer.
                                                   (5)          Before transmission of the order data to the Bank, a record of the full contents of the files to be transmitted and of the data transmitted for
                                                                verification of identification must be made. This record must be kept by the customer for a minimum period of 30 calendar days from the
                                                                date of execution (for credit transfers) or due date (direct debits) indicated in the file or, where several dates are indicated, from the latest
                                                                such date. Unless otherwise agreed, it must be demonstrably kept in such a way that it can be made available to the Bank again at short
                                                                notice on request.
                                                   (6)          In addition, the customer must produce for each presentation and each retrieval of files an electronic protocol which complies with the
                                                                provisions of Section 10 of the EBICS Connection Specification (Annex 1b). The customer must hold this protocol on file and make it available
                                                                to the Bank on request.
                                                   (7)          If the Bank provides the customer with data concerning payment transactions which have not yet been finally processed, this data shall
                                                                merely constitute non-binding information. It shall be specifically marked as such in each case.
                                                   (8)          The order data submitted by remote data transmission must, as agreed with the Bank, be authorised either by an electronic signature or by
                                                                a signed note accompanying the data (Begleitzettel)/batch order (Sammelauftrag). This order data shall become legally effective as an order
                                                                a) when submitted with an electronic signature:
                                                   		               -   if all necessary user electronic signatures have been received by remote data transmission within the agreed period of time and
                                                                    -   if the electronic signatures can be successfully verified with the agreed keys
Stand 06/2019


                                                                oder
                                                                b) when submitted with an accompanying note (Begleitzettel)/batch order (Sammelauftrag):
                                                   		               -   if the accompanying note/batch order has been received by the Bank within the agreed period of time and
                                                   		               -   if the accompanying note/batch order has been signed in accordance with the account mandate.

                                                   4            Obligation to exercise due diligence when handling the identification media for authorising orders
M0_55039_02 Bedingungen für Datenfernübertragung


                                                   (1)          Depending on the transmission procedure agreed with the Bank, the customer shall be obligated to ensure that all users comply with the
                                                                obligations resulting from these terms and conditions and the identification procedures set out in Annex 1a.
                                                   (2)          The user may place orders using an identification medium activated by the Bank. The customer shall ensure that each user takes care that
                                                                no other person obtains possession of their identification medium or gains knowledge of the password protecting it. This is because any
                                                                other person who is in possession of the medium or a duplicate thereof and knows the corresponding password can misuse the agreed
                                                                services. In order to protect the identification medium and the password, the following must be observed in particular:
                                                     -              The identification medium must be protected against unauthorised access and kept in a safe place.
                                                     -              The password protecting the identification medium must not be noted on the identification medium or kept together with it as a copy or
                                                   		               stored unsecured electronically.
                                                     -              The identification medium must not be duplicated.
                                                     -              When entering the password, care must be taken to ensure that no other persons can view it.


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                                                   5        Obligation to exercise due diligence when handling the security media for data exchange
                                                            When using the EBICS connection, the customer shall be obligated to ensure that all subscribers comply with the security procedures set
                                                            out in Annex 1a.
                                                            The subscriber shall secure the data exchange using the security media activated by the Bank. The customer shall be obligated to ensure
                                                            that each subscriber takes care that no other person obtains possession of, or can use, their security medium. Particularly if it is filed in a
                                                            technical system, the subscriber’s security medium must be stored in a technical environment which is protected against unauthorised
                                                            access. This is because any other person who has access to the security medium or a duplicate thereof may misuse the data e