TERM AND CONDITIONS

Online Banking Access Request
Considering that Sogebank makes available to its customers two services called Sogebanking and Sogemobile;
Considering that Sogebanking and Sogemobile shall allow Sogebank customers to access certain account information via Mobile Terminal & Internet
Considering that in order to access these services, it is necessary to establish and fix beforehand the terms, conditions and commitments,

BETWEEN THE UNDERSIGNED:

• SOCIETE GENERALE HAITIENNE DE BANQUE S.A (SOGEBANK), limited bank company, hereinafter referred to as “Sogebank”, on the one hand;
• You hereinafter referred to as the User or the Customer, on the other hand;

THE FOLLOWING HAS BEEN AGREED AND DECIDED UPON:

ARTICLE 1.- Sogebank provide the user with an Internet banking service available at https://www.sogebanking.com and / or via mobile terminal accessible via the Sogemobile app intended to enable access to a range of banking and financial services.

These means of access are called Sogebanking / Sogemobile.

Upon acceptance, the client shall automatically benefit from the basic services: consultations and transactions. The list of products and services is available on https://www.sogebank.com).

ARTICLE 2.- Definitions

«Online banking “means the ability of Sogebank to provide its customers with access to banking services through the Sogebanking website or through the Internet or via the Sogemobile app.
«Customers” means any legal entity whose application for membership in e-banking services has been accepted by Sogebank.Customers».
«Users ” means any individual to whom Sogebank gives access to the company’s accounts through online banking services.
«Accounts” means one or more bank accounts held by the customer accessible through online banking services.
«Username” means a sequence of characters chosen by the customer for confidential use, allowing him/her to uniquely identify himself/herself and gain access to the User’s personal data.
«Temporary password ” means the temporary code provided to the customer by Sogebank to access online banking services.
«Password ” means a string of characters for strictly confidential use, chosen by the customer and allowing him to authenticate himself to have access to the online banking services.
« Electronic Transactions “means all transactions made on authorized accounts through online services.
«Security Question” means a secret question to which the customer answers when subscribing and which will allow authentication in case he has forgotten the username or password. This question may also be asked to confirm certain online transactions.
«Security PIN” means a single-use security code sent to the customer to authorize certain types of electronic transactions.
«Confirmation number” means the number provided to the customer by Sogebank to confirm the execution of an electronic transaction. This issue will be used by the customer for follow-up or complaint purposes.
«Foreign Currency Transactions” means all currency conversion transactions effected through online banking services according to rates and limits established by Sogebank.
«Sogebanking” means the Internet site allowing customers to access their bank accounts and/or credit/debit cards to carry out financial and non-financial transactions on them.
« Sogemobile” means the mobile application, to be downloaded, which allows customers to access their bank and/or credit/debit card accounts cards to carry out financial and non-financial transactions.

ARTICLE 3.- Purpose of online banking services

The purpose of this agreement is to define the general terms and conditions of access, operation and use of online banking services, hereinafter referred to as “Services”.
These services, which the customer accepts, are made available to the customer by Sogebank and can be accessed via the Internet through Sogebanking and/or the Sogemobile application.
These e-banking services allow customers to access remote banking and financial services and conduct a variety of banking transactions through the Internet within the terms of this Agreement.
The customer shall be deemed to knowingly adhere to and accept the terms and conditions of use of these services as established by Sogebank in this Agreement and shall respect the terms of the agreement.
The present provisions may give rise, in the event of evolution and/or changes, to the signature of amendment (s).

ARTICLE 4.- It is agreed that, upon approval of the request for access to Sogebanking / Sogemobile services, the User is entitled to carry out banking transactions within the limits of available services. For this purpose, Sogebank shall provide the User with special menus containing the necessary instructions to enable the optimal and secure use of Sogebanking / Sogemobile services.
In order to be able to benefit from the Sogebanking / Sogemobile services, the customer may, at his own discretion, use any computer terminal connected via a services provider or an information carrier and/or any mobile terminal connected to a GSM network via a telecommunications operator to the Sogebank telematic server.
The customer initiates the transaction. As such, he commits himself and is responsible for the rental or acquisition, installation and maintenance of the equipment and/or rights of use as laid down by information carriers.
The customer already agrees to bear any costs resulting directly or indirectly from the change of all or part of the aforementioned hardware and/or software, the modification of the regulations applicable to telecommunications and, more generally, of any event which would result in such consequences.
Sogebank shall not be involved in any dispute between the customer and the software developer, constructors, information carriers, operators of the software, or any other third party in telecommunications.

4.1. Access to the Internet Banking Service

In order to use Internet Banking, you must have a computer with an operating system and a connection to an electronic communication network (Internet) for the transport of information, communication and navigation software that the user installs on his computer according to the required procedure.
The user shall personally be responsible for his or her access to the Internet (including the choice of an Internet service provider) and for the proper functioning of his or her computer system.
The user shall personally be responsible for his or her access to the Internet (including the choice of an Internet service provider) and for the proper functioning of his or her computer system.
Access to the service is via an Internet browser (Internet Explorer v. 6 and higher, Mozilla Firefox, Netscape) with the required security standards for the said access.

4.2. Access to the Mobile Banking service depends on the terminal model used and its technical characteristics. It can be operated according to the customer’s choice, by using the following methods Sogemobile:

4.2.1. Application version

This type of access requires the use of a mobile terminal, which enables content to be accessed over the Internet via the network of a telephone operator, an Internet service provider or a mobile phone subscription with one of the Haitian operators, including the operator’s mobile Internet access option. The user is the sole responsible for the holding of said terminal and its commissioning and maintenance, connected to the telecommunications telephone network for information transport of the web browser of his mobile device that has security standards required to access the service. The customer is responsible for the choice and selection of the installation of the web browser, being understood that Sogebank shall in no way be held liable for the harmful consequences resulting from the installation and use of the said Web browser of the Mobile application that he must download to his mobile device. This is only available for certain compatible mobile devices, as indicated on the service application form.

4.2.2. Web Version
This type of access is reserved for mobile phones equipped with a web browser and a mobile phone subscription subscribed with one of the Haitian operators including the operator’s mobile Internet access option and, not having the technical characteristics necessary to download and install the Mobile application.

4.2.3. USSD Version
Access to the mobile service is reserved for the mobile terminal without a web browser and connected to the GSM network via a telecommunications operator.

Article 5.- Access to Internet Banking Services
Sogebank undertakes to provide the company with a secure website with instructions on how to make optimum use of the services offered by Sogebank. Through this site, Sogebank shall provide all users with an instruction manual (contextual help) on information and recommendations relating to these services.

Once Sogebank has approved its application for membership, the company will be able to:

• give access to the users it has designated, depending on the parameters it has defined;
• carry out banking transactions on internet support, from the Internet site set up by Sogebank

The Company and its designated users undertake jointly and severally not to use the services in violation of the instructions given by Sogebank, in a fraudulent or illegal manner and/or in a manner prejudicial to the safety and effectiveness of the said service.

In addition, it undertakes not to conduct from this site any illegal transaction, which may harm the site, Sogebank and/or third parties

5.1. Access to the Service

Access to the Service is only possible by means of codes identical to Internet service access and mobile services:

• a ten-character username chosen by the customer when subscribing to the services;
• a temporary password, sent to the customer after the activation of his profile by e-mail.

5.1.1. Specific features of access to the Internet

A security PIN is also required to validate/authorize certain online transactions. This code is communicated to the customer (user) when an operation is performed.

5.1.2. Specific features of access to mobile services

An activation code is required for registration to the application. This code is communicated to the customer (user) after the creation of his or her profile during the download process of the application.

If the username changes for any reason, the user must obtain a new activation code.

ARTICLE 6.- Account Management

Account information

The information relating to the situation of the selected accounts only takes into account actual transactions except those in the process of being processed at the time of consultation. The information of a general nature such as currency quotation is given for information purposes only.

6.1. Access mode

By default, the user has access to the “consultation” or “transaction” functions for all the accounts at Sogebank that he has access to, either his personal accounts or as an agent or authorized by the Justice.

6.2. Account Access

The user shall be able to view and/or transact on accounts, provided that the characteristics of his profile allow it, if he has a power of attorney or an appropriate power of attorney authorising him/her to consult and/or carry out transactions on the account (s) concerned. The user shall no longer have access to said accounts and services in the event of revocation of his mandate, loss of legal or judicial representative status and in the event of death (cf. Article 8 on delegation)

Article 7.- Transactions

Transactions shall be executed subject to the available account balance and other commitments of the User to Sogebank. All operations carried out via Sogebanking or Sogemobile shall be recorded in accordance with banking and financial standards of imputation. Any transaction made after six o’ clock p. m. shall be recorded on the next business day. Any transaction requiring in-branch presence – such as bank certificates, handing over of a management cheque, delivery of cheque books etc. – shall be subject to the conditions available at the customer’s preferred branch within one to five business days following the request.

ARTICLE 8. – Evidence-related provisions

Transactions carried out by Sogebanking Sogemobile shall automatically obtain an internal reference number. Each completed transaction shall be kept by the bank in electronic form.

If need be, the recording shall serve as evidence. Evidence of transactions between the parties, or to be produced in court, will sufficiently result from the computer records kept by Sogebank.

In this respect, it is agreed that transactions may result in postings being placed automatically to the account as a result of computer constraints and, in this case, these will be taken over by Sogebank.

In all cases and, except in the case of agreements, amendments, written amendments or contrary uses confirmed by OHR circulars, the recordings shall be retained for a period of one (1) month from the receipt by the customer of its statement of transactions. After this period, the customer shall be deemed to have approved the operations brought to his attention.

No claim shall then be admissible.

ARTICLE 9.- Conditions for execution of a transfer

9.1. Execution of a transfer

All transfers executed after 6 p. m. is deemed to have been made on the next business day. Under no circumstances Sogebank shall be held liable incurred in the event of an error in imputation of the name or account numbers of the beneficiaries.

9.2. Irrevocability of a transfer

In the case of transfers and transfer orders initiated via Sogebanking / Sogemobile, the customer shall not be entitled to revoke the transaction after the expiry of the time limit notified at the time of seizure. If no time limit is given, the order shall not be revoked.

9.2.1. One-time transfer

Due to their specificity, some accounts are deemed to be deposit-receiving accounts. Therefore no other transaction shall be possible on these accounts.

Transfers are executed subject to the available balance of the sender account. The user shall ensure that the Sogebank accepts his one-time transfer requests using the appropriate function available in the customer area.

9.2.2. Recurring transfer

Any user can set up, via Sogebanking / Sogemobile, standing transfer orders to debit his or her accounts or third parties bank accounts for which he or she is mandated. According to the regulations, certain accounts and products may not be issuers or beneficiaries of standing transfers.Permanent transfers will be executed subject to the balance of the issuer account available on the day of the transaction

ARTICLE 10.- Alert

The “Alert” service allows the account holder to be informed, via email and/or SMS, of account or credit card transactions (Sogecard, Cartecheque, and Sogecash). This service will be invoiced monthly at the beginning of the month, according to the general banking terms and conditions in force, depending on the chosen plan.

(cf. the FAQ section of the website https://www.sogebanking.com to view the different plans).

ARTICLE 11.- Delegation

The customer may appoint one or more agents acting separately or jointly on behalf of Sogebank in his own name and on his behalf, by means of a specific form of proxy to be provided by Sogebank for this purpose.

A client who wishes to revoke such a mandate may:

• either modify his confidential code as he wishes;
• either request cancellation of services

In this case, he will send a letter with acknowledgement of receipt to Sogebank, Mobile & Internet Banking Division.

Sogebank will then proceed within twenty-four (24) business hours following the date of receipt at its registered office in Delmas 30 of the aforementioned letter of revocation.

Disposal orders or any transactions effected before the twenty-four (24) hours following receipt of the letter shall in this case, without prior notice, be deemed to have been executed without any other interpretation, attributable to the client.

ARTICLE 12.- Pricing

The services offered and their methods of execution remain subject to the rates and conditions in force on the date of their realization, subject to revision at any time by Sogebank.

In the event of revision by the Bank, a new service pricing brochure will be posted. The customer will be notified of any changes in rates by consulting the Sogebanking space, proposed for this purpose. Accordingly, he undertakes to keep himself informed of these revisions.

In the absence of protest from the customer, by letter with acknowledgement of receipt to request the deactivation of his profile to the online banking services, the expiration of the deadline of one (1) month from the date of publication shall be deemed as approval of the new rates.

In this case, the customer will determine upon registration, the invoicing account shall maintain a sufficient provision in advance to enable Sogebank to collect its remuneration.

12.1. Direct debit

The service fee is charged by automatic debit of the account (s) previously indicated by the customer for services offered via Sogebanking.

The Sogebanking / Sogemobile Services offer the possibility for the user to follow up his withdrawals from his profile. He shall be responsible for all improperly executed transactions.

12.2. Limits and Ceilings

Transfers made to a third party via Sogebanking / Sogemobile are limited to a maximum amount set by Sogebank based on its own internal rules.

internal regulations. However, this amount varies according to the type of user and currency used; it is specific to each feature.

ARTICLE 13.- Security

Safety principles

13.1. Personal codes (username, password and PIN Security) are strictly confidential. It is therefore the user’s responsibility to keep them secret and not to disclose them to anyone. Sogebank shall not be liable for negligence or fraudulent transactions. The user is entirely responsible for the retention and use of his codes and, as the case may be, of the consequences of their disclosure or use by third parties. In particular, it is the user’s responsibility to ensure that the storage and entry of his or her personal codes are carried out in perfect conditions of security and confidentiality. In particular, the user shall be aware of the safety information on the site in the “technical support” section. For security reasons, all access to Sogebanking / Sogemobile shall be refused after three passwords or three Security PINs have been entered incorrectly. If the password is forgotten or lost, the user can reset it online from https://www.sogebanking.com or by calling the Internet Banking Mobile Help Desk.

13.2. Sogebank advises the user to change his or her password on a regular basis in accordance with the instructions and advice given to him or her regarding the use of different channels (Sogebanking / Sogemobile). In the event of theft, misappropriation or any fraudulent use of access codes, the user must automatically inform Sogebank, which will take care of the deactivation of his profile. Sogebank reserves the right to modify the user’s access codes to the Services at any time without prior notice and without limitation, in the event of risk relating to the security of Sogebank’s computer system or the services in question or the presumption of unauthorised or fraudulent use of the service. Sogebank shall inform the customer by any means at its convenience. The user can also close one or more accesses to the Services (Internet / mobile) and/or transactional functions if he wishes.

13.3. It is expressly agreed that the access codes are confidential and personal and that they are placed under the sole responsibility of the User who is solely responsible for them, for their custody, retention and confidentiality and to the exclusion of all persons and of Sogebank in particular. Accordingly, the customer accepts without reservation that Sogebank be released from any responsibility in the event of fraudulent use of these access codes. That the only use of the confidential access codes to ensure the identity of the User deemed to be the customer or any third party mandated by the customer, as well as to presume irrefutably that any order for disposal or any transaction carried out after composition of the confidential codes necessarily and irrevocably emanates from the customer or the authorized third party.

13.4. Consequently, in the event of hacking or fraudulent use of his identifiers, the user undertakes to inform Sogebank without delay. The bank is not responsible for any transactions made prior to the date of receipt of such notification by Sogebank. These transactions shall be deemed to be irrefutably borne by the customer. The customer undertakes that, after several unsuccessful attempts to enter his or her password, the bank shall deactivate his or her access codes in order to prevent any hacking of his or her profile. He or she can reactivate his or her profile by sending a request to Sogebank, Mobile & Internet Banking Department.

13.5. The customer expressly acknowledges that Sogebank has no control over the operation of links to websites external to Sogebank and over the content of such websites. Consequently, he accepts that his choice to access another site via hypertext links from any server other than Sogebank is at his own risk. Consequently, any direct or indirect damage resulting from access to another site through these links shall not engage Sogebank’s liability. In general, the customer acknowledges that it is his responsibility to take the necessary precautions to ensure that the sites selected in general do not contain any computer viruses or other automatic parasites of a destructive nature.

ARTICLE 14.- Use of customer information

The customer acknowledges that during a connection session, simply connecting to the Sogebanking /Sogemobile services automatically transfers personal data to the partners associated with Sogebank, the Sogebank Group or its subsidiaries in order to facilitate the administrative processing of any orders and their use for strictly promotional or marketing purposes.

ARTICLE 15.- Contract Term – Termination

This contract is concluded for a period equivalent to that of the banking relationship between the customer and Sogebank. It will come into effect upon approval by Sogebank of the application for membership submitted by the customer.

Its termination may be effected at any time by either party, without having to observe any prior notice, by simple notification by registered letter with acknowledgement of receipt sent to Sogebank, Mobile Division & Internet Banking. In all cases, the termination of the banking relationship between the customer and the Sogebank Group shall result in immediate termination of the contract.

Sogebank reserves the right to suspend, without notice or prior notice of any kind, the provision of all or part of the services if it finds any irregularities or abuses in their use.

The customer may suspend these relations with Sogebanking / Sogemobile at any time by sending a letter with acknowledgement of receipt to the Mobile & Internet Banking Division of Sogebank, requesting to withdraw his confidential access code. The Bank shall execute the request within forty-eight (48) hours of receipt of the letter. The return to service can then only be obtained by subscribing to Sogebanking / Sogemobile Services. The normative information provided at the time of the conclusion of this contract as well as that which can be provided at each connection session determines its entry into force and thus the proper execution of these connections.

This information intended for Sogebank will only be used and disseminated for management purposes or to comply with legal and regulatory obligations.

ARTICLE 16. – Contract and service modification

Sogebank reserves the right to make changes to the above provisions in order to protect the data concerning the services offered.

These modifications will be communicated to the customer by all means. They shall take effect upon the customer’s objection, at the expiration of one (1) month after notification thereof.

For any change of address (physical or electronic) or telephone number and/or model, the customer undertakes to notify Sogebank without delay.

ARTICLE 17.- Transmission of letters

Correspondence, notices and other correspondence shall be sent to Sogebank at the following address: Sogebank, Mobile & Internet Banking Division, Head Office, Delmas 30.

ARTICLE 18.- Obligations and Responsibilities

In addition to its usual duty of care in the execution of orders, Sogebank assumes an obligation to put in place resources for receiving and issuing information. It shall not assume any responsibility for the transport of information. Sogebank shall not be involved in any dispute that may arise between the User and the electronic communications operator and/or telecom operator. Sogebank shall be liable for the non-performance of its obligations, except where this is the result of a case of force majeure, particularly in the event of interruption of the Service due to the transmission of information or the User’s computer system.

Similarly, Sogebank shall not be responsible for any failure of the security system (hardware or software) of the connection terminal (computer, mobile terminal) used by the user.

The user shall be liable for all consequences resulting from any transmission or handling error on his part.