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Document Sample
General Regulations
Version December 2011
I. General principles ING may not be compelled to conclude a
contract, to carry out a transaction or to
Art. 1 – Scope of application execute an instruction unless such action is in
ING Belgium SA/NV, avenue Marnixlaan 24, B- accordance with legal or statutory provisions,
1000 Brussels (hereinafter referred to as or with commitments it has entered into
“ING”) is a bank accredited by the Belgian pursuant to agreements with the Client.
Banking, Finance and Insurance Commission
(“BFIC”), rue du Congrès 12-14, B-1000 Art. 3 – Liability
Brussels (www.cbfa.be). ING may be held liable for any serious
ING works with affiliated agents whose details misconduct or deliberate transgression – with
are kept on file in Belgium in the BFIC’s the exception of minor shortcomings –
register of agents providing banking and committed by itself or its employees when
investment services. carrying out its professional activities.
The business relationships between ING and Without prejudice to special legal provisions,
its Clients are governed by the provisions no contractual provision may exempt ING from
indicated below in an order of priority with such liability.
regard to their applicability:
the special agreements and/or the appendices Art. 4 – Prescription
thereto; Without prejudice to any statutory or
the special regulations and/or the appendices contractual provisions which stipulate a shorter
thereto; period, the right to institute proceedings
these regulations (hereinafter referred to as against ING is forfeited after three years. Such
“the Regulations”) and/or the appendices period runs from the transaction or the act
hereto; which gives rise to the dispute.
generally accepted banking practice.
These provisions govern all such relationships, Art. 5 – Professional discretion
even occasional, including those business ING is bound to observe professional
relationships entered into with ING’s offices discretion.
abroad, subject to the mandatory provisions of However, it informs the Client that it may be
the applicable legislation. obliged to disclose information on him/her,
The provisions of the Regulations may be where it is required to make such a disclosure
amended under the terms and conditions set by a Belgian or foreign legal or statutory
forth in Article 58. provision, in particular where such disclosure is
required by an administrative or legal authority
Art. 2 – Professional code of ethics and or by a supervisory body of banking activities in
mutual confidence Belgium or abroad. The Client expressly
The business relationship between the Client consents to the foregoing by accepting these
and ING is based on mutual trust. Regulations.
ING undertakes to abide by all the legal, By the very existence of his/her business
statutory or other provisions which define the relations with ING, the Client also accepts that
professional code of ethics and conduct all information and data necessary or useful for
applicable to the exercise of banking activities. the due performance of transactions with
It will do its utmost to execute the agreements financial institutions is recorded in the
concluded with the Client, the transactions databases of ING and of the other companies of
carried out on his/her behalf and the the ING banking and insurance group
instructions he/she has given. established in the European Union (see Art.
Within the limits of its competence and 6.2.5), as well as the databases of third parties
activities, it may provide Clients with advice at whose involvement is necessary or useful to
their request. achieve the aforementioned purpose (Swift
For their part, Clients will contribute fully to a SCRL, MasterCard Europe SPRL, etc.). With
smooth relationship with ING, in particular by regard to loans, certain Client data may be
providing the latter with all useful information, recorded in the National Bank of Belgium’s
in such a manner which it can assist them central credit surveillance unit, in compliance
efficiently and fulfil its remit properly. with the applicable statutory provisions.
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Art. 6 – Protection of privacy particular, for payment transactions: Swift
6.1. Processing, by ING, of data of a personal SCRL, MasterCard Europe SPRL and (as well
nature relating to its Clients as for wealth management (investment)) Pro
Information of a personal nature relating to Capital SA), or ING Group companies
Clients includes inter alia that which concerns established in an EU Member State.
their identity, domicile, personal status, assets, Data may therefore be transferred to a non-
and the transactions which relate to them. European Union country regardless of
Information of a personal nature which is whether it has an adequate level of personal
communicated to ING data protection (e.g. payment data
- when the Client or, if applicable, his/her communicated to SCRL Swift is stored in the
proxies or a third party remits or sends to United States and subject to American
ING a completed form or document, or an legislation). However, ING only transfers data
instruction or request, on whatever medium to non-EU countries without an adequate
(e.g. by mail, fax, e-mail, etc.); level of protection in the cases stipulated by
- or in any other manner (e.g. when the Client the law of 8 December 1992 on the protection
goes to a branch, by telephone, etc.) of privacy, for instance by amending
is processed by ING in compliance with the law contractual provisions to protect data. The
of 8 December 1992 on the protection of Client consents to the exchange of data
privacy and the decrees providing for the relating to him/her between the EU-based
enforcement thereof. companies – whether existing or future – of
This information is processed by ING within the the ING banking and insurance group.
scope of any request to carry out a transaction The ING Group in the EU is a group of
or transactions – and, where appropriate, companies active in the fields of banking,
execution thereof – made by the Client or a insurance, leasing, asset management and/or
third party in favour of the Client for one or activities following on from these. Clients can
more of the following purposes: ask for a list of the companies established in
- the management of accounts and payment Belgium and in another European Union
transactions; country which also exchange data.
- the granting and management of loans; These companies guarantee a high level of
- asset management (investments) and/or protection for the exchange of personal data
rental of safe deposit boxes; and are obliged to exercise discretion as
- brokerage services (including insurance and regards such data.
leasing). The aim of exchanging data is to enable the
Furthermore, such data is processed by ING participating companies to centralise Client
for the purposes of centralising Client management, to have a global view of the
management, marketing (inter alia studies and Client, to compile statistics and carry out
statistics) banking, leasing and/or insurance studies and/or marketing initiatives, to offer
services, obtaining an overview of the Client, and/or provide the aforementioned services
as well as monitoring the regularity of and to monitor the legality of transactions
transactions and preventing irregularities. (including preventing irregularities).
ING Client data managed by intermediaries Legal or administrative authorities or
(independent agents or brokers), including that supervisory bodies, whether Belgian or foreign
relating to their financial transactions, is also (e.g. US), may, in certain cases provided for by
processed by ING to ensure compliance by law or local regulations (inter alia to prevent
these intermediaries with their obligations terrorism), require - from ING or a company to
imposed by law, by regulations in a CBFA which data has been transferred by ING in
circular letter or contractually, including any accordance with the foregoing - which Clients’
duty of exclusivity owed to ING. personal data be sent to it, either wholly or in
6.2. Confidentiality of personal data in the ING part (e.g. data relating to payment
Group within the EU transactions).
ING processes data for the purposes Data of a racial or ethnic nature is never
described above in a confidential manner. processed, except insofar as it emerges from
This data is not intended to be communicated the identification data for the individual
to third parties other than the persons concerned (mainly the surname, first name,
designated by the Client or companies whose address and nationality). Should this be the
involvement is necessary or useful for one of case, the Client concerned authorises such
the purposes mentioned in point 6.1 (in data to be processed in accordance with
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Article 6 of the law of 8 December 1992 on the favour of the Client.
protection of privacy. The groups of people
with access to such data are ING staff Art. 7 – Protection of deposits and financial
members and, where applicable, staff instruments
members of companies whose involvement is ING participates in the Belgian system for the
necessary or other ING Group companies protection of deposits and financial
based in the EU responsible for achieving one instruments, as organised by the law of 17
or more of the aforementioned objectives. December 1998 and through the royal decree
Likewise, data of a political, philosophical or of 14 November 2008.
religious nature, or that relating to trade union In the event of a default by ING (involuntary
membership or sexuality is not processed, liquidation, petition or summons for
except insofar as it arises from payment composition or suspension of repayment of
transactions (for example, a payment order for deposits), such protection guarantees payment
a political party membership fee). by the “Fonds de Protection des Dépôts et des
Consequently, the Client concerned authorises Instruments Financiers”/“Beschermingsfonds
such data to be processed in the context of voor Deposito’s en Financiële Instrumenten”
carrying out payment transactions, in (Deposits and Financial instruments Protection
accordance with Article 6 of the law of 8 Fund) and the “Fonds Spécial de Protection
December 1992 on the protection of privacy. des Dépôts et des Assurances sur la vie”/
The groups of people with access to such data “Bijzonder Beschermingsfonds voor Deposito’s
are ING staff members and, where applicable, en Levensverzekeringen” (Special Deposits
staff members of other EU-based ING Group and Life Insurance Protection Fund) to certain
companies, or other companies (e.g. SCRL depositors and investors.
Swift, Mastercard Europe SPRL, etc.) which The beneficiaries are:
are responsible for processing payment •certain holders:
transactions. •of cash deposits (in euros or other
6.3. Protection of ING’s premises currencies of EU Member States);
The premises accessible to ING’s Clients are •of bank debt securities (bank savings
protected by CCTV. The information gathered certificates, bonds or otherwise) issued by
is used for security purposes (surveillance and ING, provided they are in registered form
monitoring) by ING and is not forwarded to or held on open deposit;
third parties. Clients agree to be filmed when •of cash deposits in currencies of non-EU
visiting ING’s premises. Member States if they are associated with
6.4. Clients’ rights the purchase or sale of financial
Clients may, at any time: instruments.
- object, upon request and free of charge, to For these deposits and debt securities, the
their personal data being processed by ING maximum indemnity from the Deposits and
for direct marketing purposes; Financial instruments Protection Fund and
- object to their data being exchanged between from the Special Deposits and Life Insurance
EU-based companies of the ING Group for Protection Fund is 100,000 euros per holder.
the purposes of direct marketing; this will be •certain holders of financial instruments
taken into account as soon as possible. (shares, bonds, bank debt securities issued
The individual concerned may access data by another credit institution, etc.), regardless
concerning him/her which is processed by ING of the currency in which they are
or another ING Group company in the EU and, denominated.
if necessary, request which incorrect data be For financial instruments, the maximum
rectified or illegally processed data be deleted. indemnity from the Protection of deposits
There is no legal provision making it and financial instruments fund is 20,000
compulsory to answer questions asked by ING euros per holder.
or another ING Group company in the EU, but
if questions are not answered, it is possible, The terms and conditions of the Deposits and
depending on the circumstances, that ING or Financial Instruments Protection Fund were
another ING Group company in the EU will be laid down in a Notice issued by the Ministry of
unable, or will refuse, to enter into a (pre-) Finance and published in the Moniteur
contractual relationship, to continue such a belge/Belgisch Staatsblad [Belgian Official
relationship or to carry out a transaction Gazette] of 25 January 1999 (p. 5728).
requested by the Client or a third party in Those of the protection from the Special
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Deposits and Life Insurance Protection Fund information and advice is reserved for Clients.
were laid down by the royal decree of 16 The information and advice are given from the
March 2009 published in the Belgian Official perspective of carrying out transactions or
Gazette of 25 March 2009 (p. 23950). providing banking, financial and insurance
products and services by ING, other ING
A detailed information document is available to Group companies or third parties on behalf of
Clients at their ING branch. Information about which ING acts as an intermediary.
the Deposits and Financial Instruments Such information and advice are reserved for
Protection Fund can also be obtained from the the personal use of Clients, who undertake to
Protection of Deposits and Financial respect the confidentiality thereof.
Instruments fund (address: boulevard de The communication or provision of such
Berlaimont 14, 1000 Brussels), or via the information and advice does not, however,
website http://www.protectionfund.be/ .
HU UH
entail any commitment by Clients to carry out
transactions or to take up the banking, financial
Art. 8 – Languages of communication or insurance products and services referred to
ING will communicate with Clients in the in the information and advice which has been
language they chose (French, Dutch, German communicated or provided.
or English) at the start of their relationship with ING exercises the utmost care in the quality of
ING or subsequently. the information and advice it provides, with
However, when Clients contact an ING branch, regard to both the content and the way it is
ING only agrees to communicate with them in communicated or made available. The bank
the language(s) of the region in which the uses reliable methods to communicate or to
branch is situated (French, Dutch or German). provide correct, up-to-date information and
These Regulations, the other regulations advice; however, it does not guarantee that the
applicable (including the Special Regulations information and advice are up to date. The
for Payment Transactions (S.R.P.T.) and the bank also gives no undertaking to ensure
Special Regulations for Trading on Financial updates if it decides to no longer disseminate
Instruments (S.R.T.F.I.)), current rates and the information or advice concerned.
other terms and conditions, schemes (including Unless otherwise provided for by law,
those for implementing Clients’ orders), and regulation or contract, ING may, therefore, at
contracts provided by ING are available in any time and without giving Clients prior
French, Dutch, German and English from any warning, modify the information available.
ING branch and the Home’Bank and The information and advice which ING
Phone’Bank services. provides in its own name, and that provided by
Some schemes and contracts are available in other ING Group companies, are based on an
these same languages from Self’Bank. objective analysis of the data which ING or
these companies have available to them.
Art. 9 – Information and advice 9.3. Where the information and advice
9.1. Unless otherwise expressly stipulated, this originate from sources outside ING, ING
article applies to all general and specific assures that these will be first-rate sources.
information and all advice, whether personal or Information and advice originating from such
not, communicated or provided by ING, sources, which ING communicates or makes
regardless of whether this concerns financial, available with reference to such sources, are
commercial, technical, legal or any other type forwarded in good faith by ING without
of information or advice. assessment or guarantee on the part of ING. In
It does not, however, apply to information and particular, the accuracy, lack of error,
advice concerning financial instruments or exhaustive nature and updating of data from
financial instrument services. The rules third parties cannot be guaranteed.
applicable to such information and advice are ING is only able to detect the incomplete,
laid down in the Special Regulations for imprecise or incorrect nature of the data in its
Trading in Financial Instruments. possession if this is obvious; furthermore, ING
9.2. Information and advice communicated or cannot be held responsible for the
made available by ING, including via branches consequences of any errors in such data.
or electronic systems, is provided by ING, 9.4. Regardless of whether a date and/or time
other ING Group companies (list available are stated, the information and advice are only
upon request sent to ING) or third parties. valid at the moment they are communicated or
Unless otherwise expressly stipulated, this made available, subject to any revision and
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without prejudice to any subsequent decisions.
modifications to the applicable legislation or
regulations. Art. 10 – Handling complaints
Clients are aware that the information and Without prejudice to the provisions of Articles 3
advice may be modified between the time it is and 19 of these Regulations, and without
communicated or made available and the time prejudice to the special provisions stipulated by
of carrying out the transaction or taking up the the Special Regulations for Payment
banking, financial or insurance product referred Transactions, applicable to the transactions
to in such information and advice. and services covered by the said Special
9.5. With regard to any transaction carried out Regulations, any complaint concerning a
or agreement entered into, Clients will ensure transaction processed by ING must be notified
they provide ING and, if applicable, the other to it in writing as soon as possible.
ING Group companies concerned with any Clients should send complaints to their ING
relevant information, including concerning their branch.
personal situation, goals, requirements and Any complaint may also be sent by post to the
constraints. following address:
9.6. Without prejudice to the foregoing, ING ING
and, if applicable, the other ING Group Mediation Service
companies will communicate to Clients Avenue Marnix 24
appropriate and comprehensible information 1000 Brussels
on the products or services offered and/or
supplied by ING or through its intermediary, to Phone: 02/547.88.19
enable Clients to understand the nature and Fax: 02/547.83.20 or 02/547.78.90
the risks of these products and services and to e-mail address: MediationService-
HU
make an informed decision with full knowledge Reclamations@ing.be U
of the facts.
Before carrying out any transaction or taking If such notification is not made within a
up a banking, financial or insurance product or reasonable period, given the nature of the
service, Clients must ensure they obtain or transaction concerned, the transaction is
receive information and any advice from ING deemed to be correct, exact and approved by
or, if applicable, other ING Group companies the Client. However, such period must in any
or third parties, enabling them to make an event not exceed 60 calendar days from the
informed decision with full knowledge of the date of the transaction in question. Clients will
facts. similarly notify, within the same period, any
The information and advice communicated or errors or discrepancies noted in documents,
made available by ING are intended for all or a including account statements, or in any other
section of Clients and are not based on an messages, delivered in any format
assessment of Clients’ specific situations, with whatsoever, communicated or handed over by
the exception of personalised advice. ING, as well as any observations concerning
Save for this reservation, such information and such documents or messages, with the
advice can never be considered to be personal aforementioned 60-day period taking effect on
advice or a personal invitation to carry out the date the document or message in question
transactions and/or to take up banking, was issued.
financial or insurance products and services. If Clients are not satisfied with the way ING
Clients should always assess the information handled their complaint, they can submit a
communicated or provided by ING in the light complaint, free of charge, to the Banks -
of their individual circumstances, especially as Credit - Investments (rue Belliard, 15-17, boîte
regards their financial position. 8, 1040 Brussels – e-mail address:
9.7. The information and advice are intended Ombudsman@OmbFin.be
HU UH
– see
as mere items of assessment for Clients and www.ombfin.be for more information) which
are, in any event, communicated or provided will not affect their right to take legal action.
without any warranty or liability on the part of
ING, except in the event of gross negligence or II. Legal status, capacity and representation
a deliberate transgression of duty on its part.
Clients remain exclusively and fully responsible Art. 11 – Status and powers
for the free use they make of this information Any relationship with ING, as well as the
or advice and for the consequences of their conclusion or execution of any transactions,
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are subject to communication by the Client of the Client, by ordinary letter. Such notice of
all information and supporting documents revocation must be precise and complete.
requested by ING and relating to the identity of ING will take the revocation into account on the
the Client, his/her legal status, domicile or third bank business day after notification is
registered office, as well as family and received. However, it will endeavour to
professional situation, including, where implement it before such time where possible.
appropriate, any marriage regime, registration ING cannot be held liable if, after the
in the trade register, and VAT status. implementation of the revocation, it carries out
Pursuant to the above paragraph, companies a transaction initiated or an instruction given by
will provide ING with a copy of their articles of the proxy prior to such implementation date.
association, as well as all corporate documents ING is entitled to the same period of notice as
indicating or revoking the officers empowered that determined above to take account of the
to represent them, including deeds indicating termination of the effects of a power of attorney
the appointment and revocation of proxies. following the occurrence of one of the causes
Furthermore, they may be required to provide stipulated in Article 2003 (3) of the Civil Code
ING with an updated list of such officers, (death, restraint, insolvency of the principal or
indicating the scope of each of their powers. of the proxy) or equivalent to such events. In
Clients are required to inform ING immediately such cases the said period commences on the
and in writing, together with, where date on which ING is informed of the event in
appropriate, the supporting documents, of all question.
changes to any of the information referred to in Termination of the relationship for which a
the two preceding paragraphs. power of attorney was conferred extinguishes
ING will take these changes into account on the effects of such power of attorney.
the third bank business day after notification is Once a power of attorney is no longer
received. However, it will endeavour to effective, for whatever reason, the Client must
implement such changes before then where return to ING all documents – such as forms,
possible. means of payment and miscellaneous cards –
which are in the possession of the proxy; the
Art. 12 – Specimen signatures Client will otherwise be liable for the
When the Client enters into his/her business consequences arising from any use thereof by
relationship with ING, he/she will lodge a the proxy or a third party, inter alia in the cases
specimen signature with ING. referred to in Article 25.
The proxy(ies) he/she appoints will also lodge
their specimen signature(s) with ING. Art. 14 – Multiple holders
In the case of a company, the specimen Subject to any powers of attorney, accounts
signatures to be lodged are those of the and assets held in the names of more than
officers who are empowered to deal with ING, one person – in particular joint owners, bare
in accordance with the articles of association owners and usufructuaries, or the parties to
or with the powers which have been validly an escrow account – are managed under their
conferred upon them. joint signatures.
Art. 13 – Powers of attorney III. Correspondence and dispatches
The powers of attorney which a Client wishes
to confer to represent him/her with regard to
Mail addressed to Clients
ING will be given by means of the forms made
available by ING, unless the latter agrees to
take into account a power of attorney conferred Art. 15
in another form; any such agreement will be Mail destined for the Client is sent at the
implicit in ING’s execution of an instruction current rates to the address he/she has
given by the proxy. indicated or, in the absence of such an
ING is unable to take into consideration any address, to his/her address last known to ING,
powers of attorney of an imprecise or legal domicile or main place of business if
incomplete nature. he/she exercises a liberal profession or a
In the event a power of attorney is revoked, the trade.
Client will inform ING by means of a form Article 11 (3) and (4) applies in the case of a
completed and signed at ING, or by registered change of the address to which the mail is to
letter, or even, but in such case at the risk of be sent.
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Art. 16 Mail addressed to ING
Mail relating to transactions carried out on
behalf of more than one person is sent to the Art. 19
address indicated with the joint approval of all Mail addressed to ING will be clearly indicated
the parties involved. for “ING Belgium” or “ING” and will bear the full
If no such address has been indicated, any address of the branch or regional office for
communication is made validly as far as all the which it is intended. Clients will ensure which
parties are concerned, where it has been sent they indicate their account number and, where
to any of them, either to the address indicated appropriate, the references allocated by ING to
by him/her or, in the event no address has the subject of the communication.
been indicated, to the last address known to
ING, or to his/her legal domicile.
Dispatch and transport of assets
Art. 17
Proof of the sending and of the contents of the Art. 20
mail addressed to the Client is validly Assets and documents - whatever their nature
evidenced by the production by ING of a copy - which ING sends to the Client or to third
or a summary statement obtained and parties on behalf of the Client, as well as those
visualised according to any technical process. which the Client sends to ING or which third
parties send on behalf of the Client are, at the
Art. 18 discretion of the sender, entrusted to the post
At the written request of the Client, ING will office or to private courier services. In all
keep the mail for him/her for a period to be cases, they are transported at the expense and
agreed, but which will not exceed six months, risk of the Client, except where he/she is
at the current rates. discharged.
Mail which is thus held in accordance with the Upon request, to be filed at least eight
instructions of the Client: calendar days beforehand, ING will organise
will be either sent to him/her on a fixed date; such dispatches and transport on behalf of and
or kept for him/her to collect at the branch of at the expense of the Client.
his/her choice.
In the latter case, the Client will ensure that IV. Transactions – Instructions given to ING
he/she collects his/her mail by the latest on the
last day of the period agreed; if he/she fails to In principle the provisions of this section apply
collect his/her mail by the deadline, ING may to any transaction and to any order given by
take the initiative of sending it to the Client’s the Client to ING, except insofar as special
last address known to it or to the Client’s legal regulations and agreements derogate
domicile, at the Client’s expense. therefrom.
Where ING keeps the mail, on the instructions
of the Client, the effects on the said Client will In particular, they apply without prejudice to the
be the same as if it were dispatched. provisions stipulated by the Special
The Client is deemed to be aware of the Regulations for Payment Transactions
contents of his/her mail which is kept for (S.R.P.T.) for the transactions and services
collection as from the third bank business day covered by these Special Regulations.
following the date indicated on it.
The Client acknowledges that he/she is liable
Rules relating to instructions given by the
for all consequences, of whatever nature, of
Client
his/her instructions to keep his/her mail for
collection as well as any failure to collect it.
Art. 21
Notwithstanding the existence of any
instructions as indicated in this article, ING
The Client will give his/her instructions:
may send any urgent or important mail or any
mail which requires a quick response to the
• either by means of the paper forms made
Client, to the last address known to ING or to
available by ING, duly completed and bearing
the Client’s legal domicile.
the hand-written signature of the Client or
possibly his/her proxy;
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• by means of forms made available by ING accordance with banking customs and
through an electronic system, with the business practices, it is unable to verify, it will
electronic signature of the Client or, where be unable to guarantee their authenticity,
appropriate, his/her proxy, as stipulated by the validity, accuracy or scope; this applies in
special conditions applicable to the service particular to documents drawn up by third
used to initiate the transaction. parties: amongst others, by those ING has
been instructed to receive or to deliver, to pay
A Client who wants to submit orders in another or to collect, by order and on behalf of the
form in particular in writing using a form other Client.
than that issued by the Bank, by fax or by any
other technical procedure, must contact the Art. 24
Bank first to check that it will accept to execute The Client will sufficiently fund, in good time,
an order in such form and, where appropriate, the account to be debited for the execution of
the conditions which would apply. The Bank his/her debit instructions.
may in particular subject their execution to If the account consists of several sub-
prior confirmation in a form meeting its accounts, in particular in several currencies,
approval and/or to the prior conclusion of a funds will be paid into the sub-account and in
special agreement. the currency indicated in the instruction.
The Client acknowledges that the assets which
Subject to the limitations on its liability may be recorded under an account number,
recognised in statutory mandatory or public sub-account or currency other than those
order provisions, and without prejudice to indicated in the instruction do not form part of
Article 3, if the Client does not use the forms the funding.
made available by the Bank on paper or via However, he/she accepts that ING, in such
electronic systems, he/she will accept the risks circumstances, is entitled to make an
inherent in the method of transmission of automatic transfer as stipulated in Article 45.
his/her choice, in particular any delays in ING is entitled to refuse or to suspend the
execution or errors in the interpretation of the execution of any instruction which has not
order given. been partly or wholly funded.
Art. 22 Art. 25
Any instruction, whatever its form, will precisely The Client will take the utmost care of the
state the purpose and terms of the transaction documents of whatever nature – such as
to be carried out. forms, means of payment and miscellaneous
ING can only detect any missing information, cards – which ING makes available to him/her.
inaccuracies, errors or irregularities if they are If he/she has received an electronic signature
obvious on usually close, but brief, or a secret code, he/she undertakes not to
examination. Instructions which are obviously disclose them under any circumstances and to
incomplete, inaccurate, incorrect or irregular take all the necessary precautions to
may be returned to the Client. If, however, ING safeguard their secrecy.
is able to rectify the data, it may execute the Subject to the limits of his/her liability
instruction, although it cannot be held liable for recognised by law, the Client accepts liability
the consequences of any delay in execution or for all the consequences resulting from the
error of assessment, with the exception of a theft or loss of such documents and/or the
serious or deliberate error on its part or on the disclosure – whether or not voluntary – of
part of its employees. his/her electronic signature or secret code, as
well as any misuse thereof.
Art. 23
Clients will ensure that all documents, records, Art. 26
data, information and instructions Any cancellation or amendment of an
communicated or handed over to ING are instruction must be notified in writing to ING,
absolutely clear, reliable and complete, and bearing the signature of the principal or any
that they comply with the contractual, statutory proxy and must clearly indicate the instruction
and regulatory provisions and practices which is being cancelled or amended.
applicable. The provisions of Article 21 apply to these
In the event ING has to rely on documents, instructions.
records, data or information which, in ING undertakes to take the cancellation or
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amendment of an instruction into consideration Art. 31
from the third bank business day following The Client authorises ING to credit to the
receipt thereof, provided the instruction has not account or one of the accounts held with the
been carried out in the meantime. However, it bank all amounts and/or assets which ING
will endeavour to implement it before such time may, on the instructions of a third party, be
where possible. asked to make available to him/her in whatever
fashion, in particular by means of a transfer to
another account of the Client held with ING or
Rules relating to the execution of
to an account opened in the name of the Client
transactions by ING
with another financial institution.
Art. 27
Art. 32
In its capacity as a diligent professional, ING
Any amounts or assets made available to the
assesses the terms of execution of instructions
Client – whether in cash, by means of an
from the Client.
account entry or by any other method –
pursuant to a transaction whose settlement is
Art. 28
not yet known or final, constitute an advance
The Client acknowledges that – in view of the
made by ING to the Client subject to the due
technical constraints to which ING is subject –
performance of the transaction in question,
instructions will be carried out on the basis of
even if the clause “under the usual reserves” is
account numbers, as far as both the principal
not expressly indicated on the documents
accounts and the beneficiary accounts of such
which relate to the said transaction.
instructions are concerned.
The due performance condition will be fulfilled
He/she accepts that any discrepancy between
by the settlement of the transaction within a
the account numbers indicated and the identity
reasonable period, taking its nature into
of either the principal or the beneficiary will not
account.
prevent the execution of the instruction in
In the absence of such settlement, the Client
question.
undertakes to immediately repay ING an
This provision in no way prejudices the
amount equal to that he/she received or to the
application of Article 31.
equivalent value of the assets he/she received,
plus interest.
Art. 29
In which case, the Client accepts that this
All instructions with an execution due date will
amount and the associated interest may be
be carried out by ING on the date stipulated,
debited, without prior notice, to his/her
provided:
account; similarly, he/she also accepts that in
- ING receives the instruction by the latest on
the same case ING will automatically withdraw
the third bank business day prior to the due
any assets which may have remained in safe
date indicated;
custody at ING.
- where appropriate, the instruction is given by
means of the form required by the
Art. 33
contractual, statutory and regulatory
The amounts or assets which are due to the
provisions and practices which are
Client pursuant to transactions carried out, via
applicable to it.
a Belgian or foreign correspondent, by ING will
ING does not accept liability for the
only become the property of the Client from
consequences of any delay in the execution of
such time as ING has effectively and definitely
instructions which do not comply with any of
received them, notwithstanding any
these conditions.
communication – made or received by one of
the parties involved – announcing or
Art. 30
confirming the execution of the transaction.
If deemed appropriate ING may – at the
expense of the Client – call on one or more
Art. 34
Belgian or foreign third parties, of its choice, to
The assets in foreign currencies recorded on
execute the Client’s instructions unless the
the account of the Client are included as an
Client has expressly appointed a specific third
aggregate registration on the accounts in the
party or parties; in the latter case, the Client
name of ING with its correspondents; they also
accepts full responsibility for his/her choice.
contain their contra entry to the outcome of
which they are indissociably linked.
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Consequently, they are subject – ipso jure and The above provisions do not prejudice the right
immediately – to all the effects of statutory and of the Client to provide proof to the contrary
regulatory provisions, whether fiscal or not, through any legal channel.
applicable in the countries of the currencies in
question and/or in the countries of such Similarly, when a transaction is made by a
correspondents, of measures taken by the proxy of the Client, they do not prejudice the
authorities of such countries, and of all events authority of this proxy or the possible specific
of “force majeure” which may occur. limits on this authority in the "Management
Subject to the application, where applicable, of Powers" or “Management Mandate”
Article 3, ING cannot be held liable for any documents of the Client’s account or
prejudicial consequences for the Client which amendments made subsequently to such
may ensue from the circumstances listed powers and limits.
above, in particular where the situation which
thus arises may entail the deletion, Art. 37
depreciation, unavailability or lack of return on ING cannot be held liable for any prejudice the
capital – either wholly or in part – of ING’s Client may suffer as a result of:
assets in the countries in question. - events of force majeure;
Assets in euros may be recorded on any - decisions taken by Belgian, foreign or
account opened in the name of ING with its international de jure or de facto authorities;
correspondents in any EU Member State - instructions given in the event of war, unrest,
whose currency unit is the euro. In such cases riot or occupation of the territory by foreign or
the provisions of the above paragraph apply. illicit forces by persons upon whom de facto
power has been conferred;
Art. 35 - hold-ups.
The amounts or assets entrusted to ING will be The Client acknowledges that ING’s liability
kept in the place it deems the most suitable; may not be invoked when the human and/or
where appropriate in the custody of a third technical resources required to carry out
party. transactions are unavailable due to reasons
In which case, the provisions of Article 30 will for which it cannot be held liable, including the
apply. disorganisation of its departments as a result
of strike by its staff, breakdown – even
Art. 36 temporary and for whatever reason – of its
Without prejudice to the public order or computers, the destruction or deletion of
mandatory legal or statutory provisions which computer data, or an interruption in any of its
may lay down special rules with regard to means of communication whatsoever.
proof, the proof of the execution of orders Likewise, he/she acknowledges that ING will
given to the Bank is sufficiently substantiated not be held liable for the repercussions of any
by the account statements, breakdowns and/or errors or delays attributable to other institutions
correspondence compiled through whatever or bodies, or those resulting from any act or
means – including electronic – and provided by deed committed by a third party.
the Bank to the Client. In the absence of such This article does not preclude the application,
a document, such proof shall result from the where appropriate, of Article 3.
booking of the transaction in the books of the
Bank. V. Successions
From a both civil and commercial perspective, Art. 38
whatever the amount of the transaction in In the event of the death of the Client (or
question, the Bank may provide the proof his/her spouse), the heirs and/or assigns, as
referred to in the above paragraph by means of well as any proxies or joint holders are
both the original document and its reproduction required to notify ING immediately, in writing.
or copy (micro) photographic, magnetic,
electronic and optical copy, that without proof Art. 39
to the contrary, are deemed to represent an ING may not be held liable for any error if, prior
accurate copy and to prevail as would the to receiving the notice stipulated in Article 38, it
original document. carries out instructions given by the Client
before his/her death or, even after it, by the
joint holders of the accounts of the Client or the
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latter's proxies within the limits of the powers limit, including withdrawals from other banks, is
conferred upon them. not respected, the surviving spouse or
cohabitant shall lose their share of the joint
Art. 40 assets, indivision or estate up to the extent of
The heirs and/or assigns shall present to ING, the amount withdrawn above such limit. In
at its first request, a certificate or deed of addition, he/she shall lose the right to waive
inheritance compiled by the inheritance tax the estate or to accept it without liability to
collector or by a notary and establishing the debts beyond assets descended.
devolution of the estate, and/or any other
document ING may consider necessary or Art. 42
useful such as, for instance, the authorisation The correspondence destined for the estate
of the judge of the peace if such authorisation shall be sent to the address indicated by
is legally required. ING reserves the right to mutual agreement of all the heirs and/or
demand a certificate or deed of inheritance assigns referred to above or the notary
established by a notary if it deems such appointed by them. In the absence of such
document necessary. instructions, it shall be sent to the address the
Client had indicated or, otherwise, to the last
The respective liabilities of ING and of the said address know to ING or to the legal domicile
heirs and/or assigns with regard to these either of the Client, or one of the said heirs or
documents are defined by Article 23. assigns, and such correspondence shall be
deemed to have been sent to each of them.
ING is definitely discharged if it delivers the
assets to or on the instructions of the persons Art. 43
indicated in such certificate or deed of The heirs and/or assigns mentioned in Article
inheritance. When examining the authenticity, 41 will jointly, severally and indivisibly bear the
validity, translation or interpretation of such costs incurred by opening the estate and the
document, ING can only be held liable for its settlement transactions thereof, at the current
grave or deliberate errors, in particular in the rates.
case of documents of foreign origin.
Art. 44
Art. 41 The agreements concluded between ING and
All transactions which relate to assets the Client will continue with the heirs and/or
belonging in part or in whole to the estate, general or residuary legatees, on their joint
whether they are registered in the name of the behalf, unless one of the parties exercises
deceased or his/her spouse who has his/her right to terminate them in accordance
community of property or in both their names, with the terms stipulated in Article 59.
may be subject to the written consent of all the In the event the business relationship with the
persons - possibly represented by their proxy Client is not continued, the said heirs and/or
(ies) - who, according to the documents which assigns will settle any outstanding transactions
establish the transmission of the estate, qualify within the shortest possible period, in
as heirs or general or residuary legatees, or accordance with the provisions of the said
assigns destined to receive all or part of the article.
estate assets held by ING.
VI. Charges
To access the safe-deposit boxes rented by
the deceased or his/her spouse who has
community of property the presence or Art. 45 – Rates and conditions
agreement of the same persons is required. Clients will be informed of the current rates and
conditions applicable to the services provided
Prior to presenting a certificate or deed of to them in accordance with the terms and
inheritance, the surviving spouse or cohabitant conditions stipulated by law. The rates and
may dispose of part of the assets blocked on conditions are available to Clients in all ING’s
their current or savings accounts, in their joint branches.
names or undivided. Such availability is limited Clients will ensure which they are aware of the
to a maximum of EUR 5,000 and may not rates and conditions before they give their
represent more than half of the available credit instructions or settle any transactions.
balances on such accounts. If such double ING may amend the charges for financial
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services offered by ING during the term of the even if such instructions and transactions are
contract, for the time left to run until it expires. cancelled, revoked or not carried out. If they
The Client concerned will be informed have been paid by the Client they will not be
beforehand subject to a reasonable period of refunded.
notice and is then free to terminate the contract
immediately. VII. Guarantees
The above provision does not prejudice the
provisions stipulated in the special regulations, Art. 48 – Unicity of account
in particular Article 19 of the Special Whatever their nature and whatever conditions
Regulations for Payment Transactions, for the may apply to them (e.g. as regards the specific
transactions and services covered by these nature of an account, different terms for which
Special Regulations. accounts are allocated, or the existence of
security guaranteeing the balance of an
Art. 46 - Commissions and costs account exclusively), the various accounts
In accordance with the current legal provisions, (including deposit accounts, savings accounts
Clients will be charged inter alia: and savings books) showing a credit or debit
- standard bank commission; balance, in whatever currency or unit of
- the taxes and duties applicable to account, opened in the name of the Client at
transactions processed on behalf of Clients one or more of ING’s offices in Belgium or
or in their favour; abroad, constitute sub-accounts of a single
- the costs incurred on behalf of or in a Client’s and indivisible account.
interest, or relating to his/her assets and the Subject to the same reservations, in the event
transactions processed on his/her behalf or the Client were to default on any commitment
in his/her favour, such as those relating to: entered into towards ING, the latter may, upon
the conservation, dispatch or transportation ordinary notice, merge these sub-accounts and
of assets or documents; make transfers from one to the other, from
the dispatch of mail and any other credit balances to debit balances and vice
communications to Clients or to third versa. The term “balance” is used here with the
parties; meaning of a debit or credit position.
the intermediation costs of ING’s Such mergers and transfers will be carried out
correspondents or other intermediaries; in euros after, where appropriate, conversion
all steps taken and research undertaken to of the other currencies and units of account at
determine and assess the position of the the statutory rates or at the market rate in force
Client, in particular to obtain any on the bank business day prior to the merger
information from administrations or any or transfer.
third parties empowered to provide such
information; Art. 49 – Setoff
any research ING is obliged to carry out at ING is authorised to offset – at any time and
the request of the Client or a third party even after bankruptcy or involuntary liquidation
empowered to make such requests, or to of the Client – any claims, whether or not they
investigate any complaint; have fallen due, in whatever currency or unit of
all steps taken or procedures implemented account, which it has against the Client against
by the authorities or by third parties; any claims, whether or not they have fallen
all steps taken by ING to preserve or to due, in whatever currency or unit of account,
recover its rights with regard to Clients; which the Client has against it to safeguard
ING’s fees for exceptional services it may be ING’s justifiable interests, provided such setoff
obliged to provide as a result of is not prohibited by imperative statutory
circumstances beyond its control. provisions.
The intervention of ING may be subject to the Such setoffs will be entered in the accounts in
prior payment of such costs or to the payment euros after, where appropriate, conversion of
of a fee to cover them. the other currencies and units of account at the
statutory rates or at the market rate in force on
Art. 47 the bank business day prior to such setoffs
The sundry costs, commissions and fees in being applied.
favour of ING and/or its correspondents which
relate to transactions initiated or to instructions Art. 50 – Liens
given by the Client or on his/her behalf are due All amounts and/or assets, of whatever nature,
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held by ING on behalf of the Client guarantee documents relating to such claims.
his/her commitments, of whatever nature, He/she authorises ING to gather such
towards ING. information or request such documents from
If the Client fails to fulfil his/her commitments, third-party debtors of the claims assigned.
or fulfils them late, ING may withhold these
amounts and assets. Art. 53 – Joint and several liability and
The amounts withheld may – ipso jure and at indivisibility
any time – be used by ING, at its discretion, to All persons who, in whatever capacity, are the
settle all or part of these commitments in joint holders of an account or assets, the joint
principal, interest, costs and incidentals. beneficiaries of a facility or are jointly involved
As far as the assets are concerned, ING may, in a single transaction, are jointly, severally
at its discretion, realise them and use the and indivisibly bound by all the obligations
proceeds to settle all or part of any relating thereto.
commitments in principal, interest, costs and The heirs and general or residuary legatees of
incidentals which the Client has not cleared the Client are jointly, severally and indivisibly
within eight days of the date of the formal bound by all the Client’s obligations of
notice for immediate payment. whatever nature towards ING.
Art. 51 – Constitution of provisions VIII. Miscellaneous provisions
To cover its risk arising out of any conditional
or contingent commitments of the Client, ING Art. 54 – Amounts owed by ING
may automatically debit, at any time, the All amounts which may be owed by ING to the
Client’s account with the amount required to Client, for whatever reason, will be made
form a provision. available by crediting his/her account or in any
Once any commitments thus covered have other manner ING deems appropriate; the
fallen due, ING may use the amount of such Client may give ING specific instructions,
provision to clear the debt or the portion of the except with regard to interest which will be
debt which it wishes to extinguish. credited exclusively to the account which
Any amounts which have not been used will be generated it.
refunded to the Client provided there are no This provision does not preclude the
further outstanding commitments towards ING. application of Articles 48 and 49.
Art. 52 – Assignment of claims Art. 55 – Amounts owed by the Client
To guarantee the repayment of all amounts In accordance with the mandatory statutory
which he/she may owe ING, for whatever provisions, the Client authorises ING to
reason, in connection with his/her business automatically debit his/her account with all
relationship with it, the Client assigns within the amounts he/she may owe it, for whatever
legal limits in favour of ING all the claims it reason, in particular by way of interest,
holds or may hold against any: commissions, costs, fees, taxes or duties.
- tenants, farmers or other persons with a lien If this creates an irregular debit balance on the
or personal right on movable or immovable Client’s account, he/she undertakes to clear it
property belonging to the Client; immediately, without prior demand for
- insurance companies; payment.
- banks and financial institutions;
- employers and social security institutions; Art. 56 – Rectification of errors
- payers of annuities and alimony; ING is entitled to automatically rectify, at any
and, generally, all amounts which may be time, any errors it may have committed when
owed to him/her for whatever reason. executing a transaction or recording an entry,
If the Client fails to fulfil any of his/her as well as those committed when transmitting
commitments towards ING, the latter may, an instruction even if they originate from its
without prior notice or demand for payment, remitting correspondent.
notify – at the expense of the Client – the Insofar as the rectification of an error
above-mentioned assignment to the debtors of committed implies the restitution of amounts or
the claims assigned who, thereafter, will only assets by the Client, ING is authorised:
be validly released by payment to ING. - in the case of amounts, to debit the Client’s
The Client undertakes to provide ING, at its account with the amount without prior notice;
first request, with any information and - in the case of assets, to repossess the latter
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or to automatically withdraw an equal ING within two months of the date of such
number of assets of the same type and same notification.
quantity which it may be holding on behalf of If the Client fails to exercise such right, he/she
the Client. will be deemed to have accepted the proposed
Apart from the rights and obligations of the amendments.
parties with regard to the rectification of the The amendments will come into force at the
error committed, such error will not give rise to end of a period of two months from the date of
any legal repercussions on the Client’s the notification. Posters and notices will
business relations with ING or with third indicate the date on which the amendments
parties, nor on ING’s relationship with third come into force.
parties. The new provisions will apply to all
transactions initiated prior to their
Art. 57 – Evidence of the Client’s implementation, except where the Client, within
commitments the aforementioned two-month deadline and
The commitments of the Client are evidenced without incurring any expense, terminates
by: his/her business relationship with ING, fulfils all
- any document he/she has signed or his/her commitments towards it and settles all
accepted; outstanding transactions; however,
- a copy of such document obtained and transactions or commitments which, by their
visualised by whatever technical process; very nature, cannot be terminated until their
- any entry or summary statement compiled by settlement will continue to be governed by the
ING in accordance with the legal provisions, provisions previously in force.
obtained and visualised by whatever Any termination of the business relationship
technical process; will give rise to the application of Article 59.
- any correspondence and/or communication –
or copy of such – supplied by ING to the Art. 59 – Termination of the business
Client and whose content the Client has not relationship
disputed within the deadline stipulated by Without prejudice to the provisions stipulated
Article 10 or within the deadline stipulated, by the special regulations, in particular the
where appropriate, in the special regulations, Special Regulations for Payment Transactions,
for transactions and services covered by for the transactions and services covered by
these regulations (in particular the Special these Regulations, both the Client and ING
Regulations for Payment Transactions); may - without being required to justify their
- in the case of transactions which have decision - terminate the business relationship
resulted in a debit balance on an account or they have entered into, subject, where
an aggravation of a debit balance, by the appropriate and at the request of the other
account statements compiled by ING, which party, to compensation for any loss suffered as
constitute sufficient evidence of the a result thereof, which the other party will
existence and the amount of ING’s claim as demonstrate. The party wishing to terminate its
a result of such debit balance. business relations will notify the other party of
its decision in writing.
Art. 58 – Amendments to the Regulations From the moment when such notification is
Without prejudice to the provisions stipulated given, the Client must return to ING all unused
by the special regulations, in particular the documents, such as forms, means of payment
Special Regulations for Payment Transactions, and any cards issued by the bank to the Client
for the transactions and services covered by or his authorised representatives; the Client
these Regulations, any amendments to the will otherwise be liable for the consequences
provisions of these Regulations will be agreed arising from any use thereof, inter alia in the
between ING and the Client on the basis of the cases referred to in Article 25.
following procedure: The parties will settle all outstanding
The Client will be informed by means of a transactions and close their mutual accounts
dated notice which will be included with the as quickly as possible, subject to any terms or
Client’s account statements or sent to him/her maturity dates which have been stipulated in a
by ordinary letter or communicated via another contract, by law or in the statutes and cannot
durable medium. If the Client does not wish to be terminated or amended, as well as the
accept such amendments, he/she is free to fulfilment of any commitments which may have
terminate his/her business relationship with been entered into towards third parties.
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Moreover, the provisions of these Regulations ACCOUNTS
and of any other agreements between the
The provisions of this section do not prejudice
parties will remain applicable until full
the provisions, whether they derogate or
settlement of all transactions and fulfilment of
supplement, stipulated in the special
all commitments.
regulations, in particular the Special
If settlement results in a credit balance in
Regulations for Payment Transactions, for the
favour of the Client, it is the duty of the Client
transactions and services covered by these
to inform ING of the manner in which he/she
regulations.
wishes to receive the amounts owed; such
amounts will otherwise be made available in
I. General principles
any manner which ING deems appropriate.
This provision does not preclude the
Art. 62
application of Articles 48 and 49.
ING will open current or deposit and savings
Insofar as termination relates only to certain
accounts in the name of its Clients, whether or
business relations between the Client and ING,
not regulated.
the aforementioned provisions will apply only
Other types of accounts may be opened whose
to the extent which they are compatible with
terms and conditions of operation and closing
the nature and terms and conditions of the
will be determined by mutual agreement
business relations concerned.
between the Client and ING. Accounts may be
opened in euros, in any other currency
Art. 60 – Dormant Accounts
approved by ING or in any unit of account
If no transaction is made for at least five years
designated by mutual agreement.
over the accounts (jointly) held by the Client
him/herself or a proxy designated by him/her,
Art. 63
and if ING and the Client have not had any
Without prejudice to any more constraining
contact during such period, the Client and all
terms and conditions governing operation of
his/her accounts shall be considered as
the account, substantial withdrawals may be
"dormant". In that case ING shall start the
subject to prior notification.
information and investigation procedure
stipulated by law. If the procedure fails to
Art. 64
produce a result, ING shall then transfer the
Accounts must permanently show a credit
available balances on such dormant accounts,
balance.
after deduction of the current investigation
charges, as well as information stipulated by
Any debit balance on the account tolerated by
law, to the Caisse des Dépôts et
ING may not, under any circumstances, be
Consignations/Deposito- en Consignatiekas
invoked as constituting a right to maintain such
where such assets shall be kept.
debit position or to renew the tolerance.
Art. 61 – Applicable law - Power of
The existence of a debit balance constitutes,
jurisdiction
with regard to ING, a claim for which the
All the rights and obligations of the Client and
payment is automatically due in full, without
of ING are governed by Belgian law.
any prior demand.
Apart from those cases in which the competent
In accordance with imperative legal provisions
courts are determined by imperative statutory
and unless otherwise expressly agreed with
provisions, inter alia litigation involving
the Client or the special provisions stipulated
consumers, ING is authorised, whether as
by other regulations, ING may modify credit or
plaintiff or as defendant, to bring any disputes
debit interest rates, with future effect, and
concerning its business relationships with the
without notice in the event of a valid reason
Client before the courts of Brussels or the
(e.g. in the event of substantial fluctuations in
courts having jurisdiction over the place
interest rates on the financial markets). The
where the office with which the business
Client will be informed of such modification as
relationship is maintained - whether directly, or
quickly as possible and is free to terminate the
indirectly through a subsidiary or a branch of
contract immediately in which case.
ING - is located.
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II. Account statements as indicated on the statement.
In the event the Client disagrees with such
Art. 65 balance, his/her objection or observations must
ING provides the Client with account be sent to ING in the forms and within the
statements which indicate the balance on the deadline stipulated by Article 10 or the special
account at the beginning of the period covered, provisions stipulated in other regulations, in
all the transactions carried out on the account particular the Special Regulations for Payment
during such period, any debit or credit interest Transactions, for the transactions and services
booked, and the charges, as well as the covered by these Special Regulations;
balance on the account, following such otherwise the information indicated on the
transactions and/or entries. statement will be deemed to be exact and
approved.
Art. 66 – Form
ING will provide the Client with account Art. 70 – Liability
statements either by post or by e-mail, at the The Client accepts full liability for his/her
Client’s discretion. choice with regard to the form and the
If the Client wishes to change the manner in frequency of his/her account statements, in
which he/she receives statements, he/she will particular which may result from the time which
inform ING in writing or by e-mail. has elapsed between the date of a transaction
and the issue of the account statement on
Art. 67 – Frequency which it is indicated. The Client may, at any
The Client chooses the period covered by time, check the recording of his/her
his/her account statements. In the case of transactions on the account and the balance
statements which are transmitted by post, the on the account by using an electronic system.
frequency of the statements is determined and Furthermore, it behoves the Client to check all
chosen by the Client from the various options details which are established when his/her
offered by ING; if the Client wishes to change transactions are carried out. The provisions of
the frequency chosen, he/she will inform ING this article do not preclude the application of
in writing or by e-mail. Statements which are Article 10 which stipulates the deadline for
transmitted electronically may be requested at filing a complaint or the special provisions
any time. stipulated in other regulations, in particular the
Special Regulations for Payment Transactions,
Art. 68 – Supporting evidence for the transactions and services covered by
Account statements evidence the execution by these Special Regulations.
ING of the transactions, the amount and the This article does not preclude the application,
booking to the account of the credit or debit where appropriate, of Article 3.
interest, and the charges and the account
balance indicated thereon, as well as, for any III. Current accounts
debit balances, ING’s claim on the Client.
This provision in no way prejudices the value Art. 71
of the other documents or supporting elements The credit interest granted by ING depends on
mentioned in Articles 36 and 57. the specific terms and conditions of each type
They do not prejudice the public order or of account. It is calculated, according to current
mandatory legal or statutory provisions which rates, on credit balances in terms of value
may be laid down the special rules with regard dates and is credited to the account which
to proof, or the special provisions stipulated in generated it. Debit interest – which is
other regulations, in particular the Special calculated pro rata temporis on every debit
Regulations for Payment Transactions, for the balance in terms of value dates – is owed by
transactions and services covered by these the Client automatically and without demand.
Special Regulations. Subject to any changes which may result from
special agreements or the rates in force, such
Art. 69 – Account approvals interest is calculated at the rate of 2% a month.
When ING sends an account statement to the The term “value date” means the date from
Client it may ask him/her to approve the which the amounts resulting from credit or
contents in writing. Such approval of the debit transactions which have been booked to
account implies the Client’s acknowledgement the account start or cease to yield interest.
of the accuracy of the balance on the account
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Art. 72
Interest is calculated and booked annually.
However, interest may be calculated and VI. CHEQUES
booked at the end of any calendar month
during which an account has shown a debit Art. 76
balance in terms of value dates. Cheques may be issued to the Client upon
request.
Art. 73 ING cannot be compelled to comply with such
Any outstanding interest to be credited to a request or to communicate the reasons for any
Client who has asked to close his/her account negative decision.
will be made available in accordance with the
terms and conditions stipulated in Article 54. Art. 77
However, the Client may only avail him/herself The issuing of a cheque, whether or not it is
of such interest at the end of the period guaranteed by ING – implies the existence of
required to search for and settle any sufficient funds for its payment; Article 24
outstanding transactions. applies with regard to the constitution of such
provision.
IV. Term accounts Subject to any guarantee obligation, ING may
refuse to pay any cheques for which no or
insufficient funds have been provided. If ING
Art. 74 pays such cheques, this will result in a debit
The terms and conditions for deposits on term balance on the account, which is to be repaid
accounts are agreed when the deposit is made in full immediately, automatically and without
or when the term is renewed. They will be demand.
confirmed by an advice from ING prepared, at
the latest on the date the term commences and Art. 78
each time it is renewed. Subject to compensation for any loss
The amounts credited to term accounts and evidenced, ING may refuse to allow the Client
their balances will be at least equal to the to issue cheques if it deems such measure
minimum amount stipulated in the Charges necessary due to the circumstances or the
applicable on the date the deposit is made or situation of the Client.
the term is renewed. ING cannot be compelled to communicate the
When an account balance falls below such reasons for its decision; it will inform the Client
minimum amount it may be made available to of its decision in writing. Once such notice has
the Client in the manner indicated in Article 54. been given, any cheques which ING has
issued to the Client or his/her proxies and
V. Savings accounts which have not been used must be returned to
ING; the Client will otherwise be liable for the
Art. 75 consequences arising from any use thereof,
The terms and conditions governing deposits inter alia in the cases referred to in Article 25.
in savings accounts, whether or not regulated
(i.e. savings deposits governed by the Art. 79
provisions of Article 21.5 of the Income Tax If, for whatever reason, the Client asks ING to
Code and Article 2 of the Royal Decree dated refuse the payment of a cheque issued by the
27 August 1993 implementing the said Code, bank, ING is obliged – subject to any
amended by the Royal Decree dated 1 July guarantee obligation – to assess in its capacity
2006 (subject to any subsequent modifying as a diligent professional, whether or not it can
provisions)), are agreed at the time the comply with such request.
account is opened. Should it decide to comply with such request, it
The amounts credited to savings accounts and may also decide, if appropriate, to block the
their balances will be at least equal to the provision for the cheque on the account of the
minimum amount stipulated in the Charges Client until amicable or legal settlement of the
applicable, which may be revised subject to at dispute between the Client and the beneficiary
least 30 calendar days’ prior notice. of the cheque.
When an account balance falls below such
minimum amount it may be made available to
the Client in the manner indicated in Article 54.
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COLLECTIONS regularise it if it where possible, although such
action will not imply any guarantee on its part
with regards to rectification of the document.
I. General principles
Art. 83
The net amount of the proceeds from the
Art. 80
collection will be made available to the Client
Both in Belgium and abroad, ING will present
once the funds have been definitively received
financial documents (such as bills of exchange,
by ING. Unless the Client instructs otherwise,
promissory notes, cheques) and commercial
the amounts collected will be credited to the
documents (such as invoices, shipping
Client’s account in euros after, where
documents, title deeds) for collection and/or
appropriate, conversion of other currencies at
acceptance, at the current rates.
the legal or market rates.
However, with regard to bills of exchange and
promissory notes denominated in euros and
II. Financial documents
payable in Belgium, it reserves the right to
accept a collection mandate only if the
Art. 84
document to be presented is domiciled with a
When the Client sends documents to ING for
financial institution established in Belgium and
collection or acceptance which can be
if such domiciliation is evidenced by the
protested, he/she will stipulate whether or not
standardised account number to be debited
ING is exempt from preparing the protest;
which is indicated on the actual document in
otherwise the protest will be prepared at the
such a manner that the document can be
Client’s expense.
centralised for collection as defined in Article
However:
89.
- as far as bills of exchange and promissory
notes denominated in euros and payable in
Art. 81
Belgium are concerned, the Client will
These transactions are governed by the
exempt ING from preparing a protest for any
provisions of the “Uniform Rules for
bill which is not domiciled with a financial
Collections” laid down by the International
institution established in Belgium, by
Chamber of Commerce in Paris (ICC), in
indicating the standardised account number
force at the time the collection instruction is
to be debited;
given, insofar as these Regulations do not
- as far as cheques are concerned, ING will
derogate from them. For the interpretation of
only prepare a protest at the written request
the commercial terms, reference is made to
of the Client.
the “International Rules for the Interpretation
With the exception of protests, the Client
of Trade Terms” (INCOTERMS) of the “ICC”
exempts ING from accomplishing or instructing
in force on the date of the instruction.
the accomplishment of the formalities
stipulated by law with regard to the
Art. 82
preservation of recourse.
The Client certifies the validity and regularity of
The Client acknowledges that – subject to the
the documents he/she remits for collection, in
application, where appropriate, of Article 3 –
particular with regard to the wording which
ING cannot be held liable for failure to protest
must mandatorily be indicated on them;
or failure to observe the legal deadlines
likewise he/she certifies the authenticity of the
relating to presentation and protests, with
signatures appearing, for whatever reason, on
regard to:
these documents.
- documents where one of the particulars is
Consequently, the Client acknowledges that
wrong, imprecise, insufficient or has been
ING is not required to make any checks in this
altered;
respect and accepts full liability for any
- documents with a maturity date which is not a
consequences which may result from the
bank business day;
invalidity of the documents sent to it for
- documents payable in a place where there is
collection, from their irregularity or the non-
no post office or process server authorised to
authenticity of the signatures on them.
prepare a protest;
However, without prejudice to the foregoing, if
- documents payable in Belgium which, at the
ING notices that a document it has been
time they are remitted to ING, have less than
instructed to collect is incomplete, inaccurate,
eight days to run;
incorrect or irregular, it may – although it is not
- documents payable abroad which ING
obliged – either return it to the Client or
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receives so late that the protest – or the account to pay financial or commercial
equivalent formality in the country of documents, in any currency approved by ING,
presentation – cannot be prepared without drawn on or issued by him/her. Such direct
exceptional diligence; debiting must be “specific”, in other words the
- documents sent for collection to standardised number of the account to be
correspondents of ING who, pursuant to the debited must be indicated on the document.
applicable law, regulations or practices, do With the exception of bills of exchange and
not prepare protests or are not responsible promissory notes denominated in euros and
for preparing the protest within the periods payable in Belgium, ING may, however, accept
stipulated. a “general” direct debit instruction, i.e.
instructions which include all documents drawn
Art. 85 or issued on the Client.
The statutory or regulatory provisions of some General direct debit instructions given by the
countries grant the drawees and successive Client do not apply to documents with different
holders of financial documents the right - under specific direct debiting instructions.
certain circumstances, such as where, after By indicating the number of the account to be
payment, the forgery of one or more particulars debited in the specific or general direct
on the document is noted - to demand, for debiting instruction, the Client designates the
several years, the repayment of the payment address of ING’s branch where such account
they made. is held as the place of payment.
Consequently, the Client undertakes to refund
ING, at its first request, with the proceeds from V. Centralisation of collections
the payment of any document whose
repayment may have been demanded from Art. 89
ING pursuant to such a provision, whatever In the cases mentioned in this article, the
period of time has elapsed since the payment. following provisions will prevail over those of
The Client authorises ING to debit his/her Articles 80 to 88 insofar as they derogate
account with any amount which is to be therefrom.
refunded in this manner. 1. ING may become a member of any
centralisation system for the collection of
III. Commercial documents financial documents and, for this purpose,
entrust all transactions which are necessary,
Art. 86 useful or incidental to such collections – in
ING’s intervention in a transaction to collect particular the presentation, payment,
commercial documents does not imply that it preparation of protests and non-payment
guarantees or certifies, in whatever manner, advice operations – to a centralising
the accuracy or authenticity of the documents institution. Thus, it may entrust such
and wording on them, in particular with regard operations to the “Banque Nationale de
to the quantity, quality or value of the goods Belgique/Nationale Bank van België”
they represent, the conditions of any [National Bank of Belgium (NBB)] which
insurance policy which may cover them and organises such a centralisation system in
the solvency of any insurers. Brussels.
2. The system set up by the NBB is
Art. 87 characterised as follows:
ING’s usual activities do not include receiving a. It is applicable to bills of exchange and
or storing goods on behalf of its Clients. promissory notes (hereinafter referred to
Consequently, it may not accept such as “bills”) denominated in euros and
assignments, except by way of an exception. domiciled with a financial institution
The above provisions do not prejudice the established in Belgium, if such
provisions stipulated in the Special Regulations domiciliation is evidenced by the
for Payment Transactions, for the direct debits indication of the standardised number of
referred to in these Special Regulations. the account to be debited on the actual
bill.
IV. Direct debiting b. ING forwards to the NBB the bills it has
received for the purpose of collection and
Art. 88 those it has discounted.
The Client may instruct ING to debit his/her c. ING, as well as the other financial
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institutions which are members of the be channelled via the remitting bank and
system, authorises the NBB to collect bills the domiciliatory bank.
– in accordance with the instructions i. Only the domiciliation account will be
given to ING by the presenting Client – as used for all financial flows relating to the
well as, where appropriate and at the bill and to its collection transactions.
express request of the presenting Client, 3. The Client:
to request or accomplish the formalities – a. accepts that all the bills, defined in point
in particular the protest, non-payment 2.a, which he/she remits to ING for the
advice and cancellation of protest purpose of collection will be processed
operations – required in the event of non according to the procedure described in
or late payment. point 2 and kept by the NBB as
d. Collections (presentations and payments) stipulated in the said point 2.f and g; and
are made via the clearing house or any acknowledges that proof of payment –
other institution duly mandated for this whether total or partial – of the bills
purpose. presented by him/her is sufficiently
e. Bills are paid exclusively by debiting the evidenced by the crediting of the
account indicated on them; any funds amounts paid to his/her account, as
booked to another account of the drawee recorded according to one of the
Client with the domiciliatory bank may not methods defined in Article 36;
be used to cover the payment. b. acknowledges that all bills, as defined in
f. Bills which have been paid at their point 2.a, which he/she accepts and for
maturity will remain deposited with the which ING is the paying agent, will be
NBB, which keeps them for a period of 10 processed according to the same
years from 1 January of the year following procedure;
the maturity date. After this deadline, the - acknowledges that proof of payment –
NBB will destroy the bills. whether total or partial – of the bills
g. Any (partly) unpaid bill which has matured signed by him/her is sufficiently
will remain deposited with the NBB. evidenced by the debiting of the
The remitting bank and the presenting Client amounts paid to his/her account, as
will receive notice of non-payment. They recorded according to one of the
may, upon request, obtain a copy of the bill methods defined in Article 36;
from the NBB. - consequently he/she waives, by the
If the presenting Client does not grant any mere fact of the domiciliation, the
extensions of payment and if the restitution of the documents after their
examination of the bill shows that no payment, in particular in derogation
recourse can be exercised against a debtor from Article 39, subparagraph 1 of the
other than the presenting Client or the coordinated laws of 31 December 1955
drawee, the NBB will give a certified true on bills of exchange and promissory
copy of the (partly) unpaid bill, a statement notes.
of non-payment or partial payment and,
where appropriate, a copy of the deed of
protest to the remitting bank who, in turn,
will forward these documents to the
presenting Client. Thereafter it behoves the
presenting Client to decide whether to
exercise his/her right of recourse.
Any subsequent presentations of such a bill
will not participate in the centralised
collection system.
Any late payment of a (partly) unpaid bill
which has matured must be made
exclusively, through the intermediary of the
domiciliatory bank, to the NBB.
h. ING is the sole contact between the Client
and the NBB with regard to the collection
of bills: all the Client’s instructions and all
the relevant information from the NBB will
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Version 15 December 2011 provisions of the Agreement once it has been
concluded, be accessible via the
Phone'Bank/Home'Bank/Mobile Banking
Annex 1: General Terms services and may, if appropriate, be managed
via these services.
And Conditions of
3) ING: ING Belgium SA/NV, avenue
Phone’Bank, Home’Bank Marnix/Marnixlaan 24, B-1000 Brussels, VAT
and Mobile Banking BE 0403.200.393, Brussels Register of
Companies, authorised as an Insurance Broker
Services under BFIC no. 12381 A, acting in its name
and for its own account, and for and on behalf
of the other ING Group companies in Europe.
1. GENERAL PROVISIONS
ING acts, inter alia, as a service provider by
1.1. Purpose of the General Terms and means of electronic communications, as well
Conditions as a certification authority and issuer of means
of access and signature for the
The purpose of these General Terms and Phone’Bank/Home’Bank/Mobile"Banking
Conditions of the service, with the other ING Group companies
Phone’Bank/Home’Bank/Mobile Banking in Europe using the services and means for
Services (hereinafter referred to as the secure electronic data transmission.
"General Terms and Conditions") is to describe
the electronic services offered by ING under 4) ING Contact Centre: - the ING Contact
the name "Phone’Bank/Home'Bank/Mobile Centre Belgium SA/NV, with registered office
Banking" and to determine the rights and at avenue Marnix/Marnixlaan 24, B-1000
responsibilities of the Customer, the User and Brussels, VAT BE 0452.936.946, Brussels
ING with regard to ING providing the Customer Register of Companies, acting as the agent
with Phone’Bank/Home'Bank/Mobile Banking appointed by ING for the Phone’Bank
services, as well as access to these services personalised services, as set out in point 2.2.
and use thereof.
5) The other ING Group companies in Europe:
1.2. Definitions Group companies, with the exception of ING,
that undertake banking, financial and/or
The following terminology is used and insurance business, that are established in a
applicable under these General Terms and European Union Member State, and whose
Conditions and in the documents to which they products and services are available via the
refer, subject to other terminology in the latter. Phone'Bank/Home'Bank/Mobile Banking
The terms may be used without distinction in services.
the plural or singular form. The up-to-date list of the ING Group
companies in Belgium is available on the ING
1) Agreement: all the provisions which lay website (www.ing.be). The up-to-date list of the
down the rights and obligations of the ING Group companies based in an EU
Customer and ING in the context of using the Member State can be obtained on simple
Phone’Bank/Home'Bank/Mobile Banking request sent to ING.
services, as listed in point 3.1 below.
6) Parties: ING and the Customer and, if
2) Customer: the individual or legal entity in appropriate, other ING Group companies in
whose name and on whose behalf the Europe.
Agreement is concluded and who is the holder
or joint holder of the account(s) opened with 7) User: the individual(s), appointed and
ING and/or other ING Group companies in authorised by the Customer, in accordance
Europe and/or who has entered into a contract with the provisions of point 4 below, to use the
or contracts with ING and other ING Group Phone’Bank/Home’Bank/Mobile Banking
companies in Europe; these accounts and services in accordance with the conditions laid
contracts may, in accordance with the down in this Agreement. If the Customer is an
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individual, he is also a User, unless he is a Banking services for and on behalf of the
minor or person under disability (in which case Customer requesting the execution of a
he is only a User if he is duly authorised). Payment Transaction
8) The Phone’Bank/Home’Bank/Mobile 15) Consumer: an individual who, as part of
Banking Services: all the electronic services the Phone'Bank/Home'Bank/Mobile Banking
offered by ING under the name services, is acting for purposes other than his
Phone’Bank/Home'Bank/Mobile Banking as business or profession.
described in point 2 of these General Terms
and Conditions. 16) Durable Medium: any instrument allowing
the Customer or User to store information sent
Technical Documentation on use of the personally to him in such a way that he is able
Phone’Bank/Home’Bank/Mobile Banking to access it readily in the future for a period of
services: any instruction manual for the time appropriate to the purposes for which the
Phone’Bank and/or Home’Bank services and information is intended and permitting identical
other technical documentation on the use of reproduction of the information stored, such as
these services , particularly with regard to a DVD-Rom, CD-Rom, hard disk of personal
electronic communication and signature computers on which electronic mail can be
procedures. stored, etc.
10) Order: any instruction submitted via the 17) Value date: The reference date used to
Phone'Bank/Home'Bank/Mobile Banking calculate the interest applicable to funds
services for and on behalf of the Customer debited from or credited to an account.
requesting the execution of a Payment
Transaction, Transaction involving financial 18) Unique Identifier: the combination of
instruments or any other banking, financial or letters, figures or symbols the Customer or
insurance transaction and/or any request for User must provide to enable the secure
the conclusion (subject to acceptance by ING identification of the account used and/or the
or another ING Group company in Europe beneficiary of a Payment Transaction.
concerned and by mutual agreement) or
acceptance of a contract for banking, financial To the exclusion of any other item, the unique
or insurance products or services signed for identifier consists of:
and on behalf of the Customer;
- the BBAN (Belgian Bank Account Number, or
11) Transaction any transaction, be it a national 12-digit bank account number, with a
Payment Transaction, a Transaction involving 3-7-2 structure);
financial instruments, or any other banking,
financial or insurance Transaction, or any - the IBAN (International Bank Account
contract for banking, financial or insurance Number); it includes up to 34 alphanumeric
products or services for which an Order may characters and has a fixed length for each
issued via the country; it consists of a two-letter country code,
Phone'Bank/Home'Bank/Mobile'Bank services; a two-figure control digit and a national
account number.
12) Transaction involving financial instruments:
an act involving the purchase, subscription, For certain Payment Transactions, the BBAN
transfer or sale of financial instruments, or IBAN should, if appropriate, be
irrespective of any underlying obligation supplemented by the BIC (Bank Identifier
between the principal and beneficiary of the Code) or international code enabling unique
Order. identification of each bank; it designates the
beneficiary's bank; it has eight or 11
13) Payment Transaction: an action consisting alphanumeric characters and consists of a
of transferring funds, irrespective of any four-letter bank code, two-letter country code
underlying obligation between the principal and and a two-character place code and for some
beneficiary of the Payment Order. banks may be supplemented by a three-
character branch code. When the BIC is
14) Payment Order: any instruction submitted required it forms part of the Unique Identifier.
via the Phone'Bank/Home'Bank/Mobile
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However, neither the name of the principal or modify his choice at any time on request.
beneficiary of the Payment Order nor their Customers who opt for Home’Bank services
addresses form part of the Unique Identifier may also use the Phone’Bank and Mobile
when one or the other of these pieces of Banking services.
information is required, in particular for control
purposes under national or international law Mobile Banking services are only accessible by
and order provisions. Users who use Home'Bank services.
2.1.4. The banking, financial or insurance
2. PURPOSE OF THE PHOME’BANK / products and services available via the
HOME’BANK / MOBILE BANKING Phone’Bank/Home’Bank/Mobile Banking
SERVICES services are intended only for account holders
residing in an EU Member State and who are
2.1. Phone'Bank/Home'Bank/Mobile nationals of an EU Member State, unless
Banking services otherwise expressly stipulated or agreed. They
are supplied either by ING, in which case the
2.1.1. According to the options offered by ING, latter is the "vendor", or by a third party
the Phone'Bank/Home'Bank/Mobile Banking company (including another ING Group
services allow the User to obtain, via his company in Europe), in which case the
telephone line or computer, general or capacity of the latter with regard to the
personal banking, financial or insurance banking, financial or insurance products and
information (in particular account information) services that it provides is mentioned in the
from ING or from other ING Group companies Home’Bank/Phone’Bank/Mobile Banking
in Europe, and to send Orders to ING or to services and ING simply acts as an
other ING Group companies in Europe relating intermediary for and on behalf of the company
to Payment Transactions, Transactions concerned.
involving financial instruments or any other
banking, financial or insurance transactions. 2.2. Phone’Bank services
According to the options offered by ING and 2.2.1. Phone’Bank services are telephone
subject to acceptance by ING or another ING services available through the exchange of
Group company concerned in Europe and by telecommunications data between ING and the
mutual agreement, the Customer, if he is a User. They are provided by ING by means of
User, and/or the Users that may represent the telecommunications systems and intended for
Customer, may conclude or request the the User who has a mobile or fixed telephone
conclusion of contracts relating to banking, system or any other suitable means of
financial or insurance products or services with communication connected to the public
ING or other ING Group companies in Europe. electronic communications network.
According to the options offered by ING, the The User ensures that his telecommunications
User may receive information and carry out system complies with the specifications laid
Transactions relating to all of the accounts down in the Technical Documentation on use
opened with ING and other ING Group of the Phone’Bank/Home’Bank/Mobile Banking
companies in Europe of which the Customer is services.
the holder or joint holder. Likewise, the User
may also receive information relating to all the In order to access and use the Phone'Bank
accounts the Customer is authorised to services, the User must use the means of
consult. access and signature of the Phone'Bank
services as defined in Article 5 of these
2.1.2. The Phone’Bank/Home’Bank/Mobile General Terms and Conditions.
Banking services can be accessed in French,
Dutch, German and English. 2.2.2. The Phone’Bank services include
services provided in person by Phone’Bank
2.1.3. When he requests access to agents (hereinafter referred to as "Phone’Bank
Phone’Bank services, the Customer also personalised services") and services that are
specifies that he wishes to use Home’Bank provided automatically, without any direct
services immediately. Subsequently, he may contact with a Phone’Bank agent (hereinafter
23/66
referred to as "Phone’Bank automated
services"). Access to the Home'Bank services and use
thereof also entails using Home'Bank services
These automated services are provided by means of access and signature as defined in
ING via its IT and telecommunications Article 5 of these General Terms and
systems. Conditions.
2.2.3. To consult any information and perform Home’Bank services include services provided
any Transactions available via Phone’Bank online (hereinafter referred to as "Home’Bank
services, the User calls the Phone’Bank Online services") and services which are
telephone number sent to him in the Technical provided when the User's IT system is not
Documentation on use of the connected directly to ING’s information
Phone’Bank/Home’Bank services. systems (hereinafter referred to as
"Home’Bank Offline services").
2.3. Home’Bank services
2.3.3. In order to use the Home'Bank Offline
2.3.1. Home’Bank services are computerised services, the User must download the
services available through electronic data appropriate computer programme of the
exchange between ING and the User. They Home'Bank Software package via the
are provided by ING through its IT systems (in Home'Bank Online services and install it on his
particular its software, servers and network) IT system.
and intended for any User who has access to a
compatible IT system, portable or not, To use Home’Bank Online services, the User
equipped with a terminal (hereinafter referred establishes a connection between his IT
to as the “IT System” for the purposes of this system and ING’s information systems via an
Agreement), making it possible to use ING’s IT electronic communications network, that is, a
systems for use of the Home'Bank services. public or private telecommunications network
and/or a broadcasting network, in accordance
The User ensures that his IT system complies with the instructions set out in the Technical
with the specifications laid down in the Documentation on use of the
Technical Documentation on use of the Phone'Bank/Home'Bank/Mobile'Bank services
Phone’Bank/Home’Bank/Mobile Banking and issued by the provider(s) of the electronic
services. communication network concerned.
2.3.2. Home'Bank services are provided by 2.4. Mobile Banking services
ING through computer programmes
(hereinafter referred to as the "Home’Bank 2.4.1. Mobile Banking services are
Software") and a database (hereinafter computerised services available through
referred to as the "Home’Bank Database"). electronic data exchange between ING and the
Among other things, the Home’Bank Software User. They are provided by ING through its IT
may include a security module (hereinafter systems (in particular its software, servers and
referred to as the "Security Module") and a network) and intended for any User who has
security file for each User (hereinafter referred access to a compatible Apple IT system (Apple
to as the "Security File") containing the iPad, Apple iPhone, Apple iPod Touch, etc.)
Home’Bank codes for a User in figure form, (hereinafter referred to as the “Apple IT
which ensures that accessing and using System” for the purposes of this Agreement),
Home'Bank services is secure. The Security making it possible to use ING’s information
File is created by the User during the Security systems for use of the Mobile Banking
Module initialisation procedure. services.
The User ensures that his Apple IT system
To access and use the Home'Bank services, complies with the specifications laid down in
the User must first activate the Home'Bank the Technical Documentation on use of the
services in accordance with the specifications Phone’Bank/Home’Bank/Mobile Banking
laid down in the Technical Documentation on services.
use of the Phone’Bank/Home’Bank/Mobile
Banking services.
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2.4.2. Mobile Banking services are provided by 3. LEGAL FRAMEWORK APPLICABLE TO
ING through computer programmes THE PHONE’BANK / HOME’BANK / MOBILE
(hereinafter referred to as the "Mobile Banking BANKING SERVICES
Software") and a database (hereinafter
referred to as the "Mobile Banking Database"). 3.1. Contractual Content of Agreement
Among other things, the Mobile Banking
Software may include a security module 3.1.1. List of documents comprising the
(hereinafter referred to as the "Security Agreement
Module") and a security file for each User
(hereinafter referred to as the "Security File") 3.1.1.1. The Agreement includes the following
containing the Mobile Banking codes for a documents:
User in figure form, which ensures that • if applicable, the amendment notices referred
accessing and using Mobile Banking services to in point 3.1.2;
is secure. The Security File is created by the • the Phone’Bank/Home’Bank/Mobile Banking
User during the Security Module initialisation Subscription Contract and, as appropriate, its
procedure. The Mobile Banking Software uses annexes (in particular additional mandate
SSL v3 (encryption/decryption technology). forms) accepted for and on behalf of the
. Customer (hereinafter referred to as the
To access and use the Mobile Banking "Phone’Bank/Home’Bank/Mobile Banking
services, the User must first activate the Subscription Contract");
Mobile Banking services in accordance with • the Management Authority documents for
the specifications laid down in the Technical general and specific transactions and/or the
Documentation on use of the authorisations accepted for and on behalf of
Phone’Bank/Home’Bank/Mobile Banking the Customer (hereinafter referred to as
services. For this purpose, the User must be "Management Authority" documents);
able to use the Home'Bank services in • these General Terms and Conditions of the
accordance with point 2.3. In addition, the User Phone'Bank/Home'Bank/Mobile Banking
must download the Mobile Banking Software services and, as appropriate, the annexes
via the App Store electronic application of his thereto;
Apple IT System or via the iTunes App Store • the scales of charges applicable to the
electronic application on the relevant Apple Phone’Bank/Home’Bank/Mobile Banking
website and install it on his Apple IT system. services;
• the Technical Documentation on use of the
Access to the Mobile Banking services and use Phone'Bank/Home'Bank/Mobile Banking
thereof also requires using the means of services.
access and signature of the Mobile Banking
services as defined in Article 5 of these The documents comprising the Agreement
General Terms and Conditions. shall take precedence in descending order as
set out above, unless certain provisions of the
2.4.3. The Mobile Banking services are Agreement expressly provide otherwise. The
services provided online requiring a direct Agreement represents all the agreements
connection between the User's Apple IT entered into between the Parties and
system and ING's information systems. supersedes all previous agreements (verbal or
written) relating to the subject of the
To use the Mobile Banking services, the User Agreement.
establishes a connection between his Apple IT
system and ING’s information systems via an However, unless this Agreement expressly
electronic communications network, that is, a provides otherwise, the contractual provisions
public or private telecommunication network concerning electronic services offered by ING
and/or a broadcasting network, in accordance or other ING Group companies in Europe and
with the instructions set out in the Technical concerning the banking, financial or insurance
Documentation on use of the products and services available via the
Phone'Bank/Home'Bank/Mobile'Bank services Phone’Bank/Home’Bank/Mobile Banking
and issued by the provider(s) of the electronic services and, more specifically, the
communication network concerned. Transactions available via these services,
apply in full to the
Phone'Bank/Home'Bank/Mobile Banking
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services, be these provisions agreed or to be Customer, and to which the Customer has
agreed between the Customer and ING, in access, including by means of a message on
particular those of ING's General Regulations, the Customer's or User's account statements,
Special Regulations for Transactions involving or via an electronic mail sent to the Customer's
Financial Instruments, for Transactions or User's electronic mail address that has been
involving financial instruments and financial given to ING and/or via a notice provided by
services covered by these Regulations, or the Home’Bank Online services, without
Special Regulations for Payment Transactions, prejudice to mandatory statutory provisions or
for payment Transactions and payment public policy orders. This notification must be
services covered by these Regulations, or given at least two months before the
those agreed between the Customer and other amendment in question is implemented. The
1
ING Group companies in Europe . All Customer can refuse to accept this
documents referred to in this clause 3.1.1.2 are amendment, in which case he shall avail
also available from ING branches. himself, before the effective date of the
amendment concerned, of his right to
3.1.1.2. The Customer and the User can obtain terminate the Agreement in accordance with
all of the necessary information on the point 18.2 of these General Terms and
Phone’Bank/Home’Bank/Mobile Banking Conditions with immediate effect, free of
services by calling the Phone’Bank information charge and without having to state his
line, consulting the ING website (www.ing.be) grounds. If the Customer does not avail himself
or, with respect to Home’Bank services, the of his right to terminate the
information made available via these services. Phone’Bank/Home’Bank/Mobile Banking
services in accordance with point 18.2. of
3.1.1.3. The Customer and the User these General Terms and Conditions within
acknowledge that, prior to conclusion of the two months of the notification referred to
Phone’Bank/Home’Bank Agreement, they above, the Customer is considered to have
received from ING all of the documents tacitly agreed to the proposed amendments.
comprising the Agreement, as well as all the
information they might reasonably expect, in 3.2. Application of the Agreement
particular with regard to the characteristics and
functionalities of the Phone’Bank/Home’Bank The provisions of the Agreement apply without
services so as to verify that the services meet prejudice to applicable statutes or regulations,
their needs. As a result, by concluding the mandatory or public policy provisions. If a
Phone’Bank/Home’Bank/Mobile Banking provision or part of a provision of the
Agreement, they absolve ING from any liability Agreement is rendered null and void, this has
in this respect and acknowledge that the no effect on the validity, scope and binding
Phone’Bank/Home’Bank/Mobile Banking nature of the remaining provisions of this
services meet their needs. Agreement.
3.1.2. Amendments to the contractual 3.3. Governing law and jurisdiction
framework at ING’s initiative The Parties
agree that this Agreement (in particular, The conclusion, application, interpretation and
although the following list is not restrictive, the execution of the Agreement are governed
pricing and upper limits for Orders) as well as exclusively by Belgian law.
the contents and the means of access, use
and signature for the Without prejudice to mandatory statutory,
Phone’Bank/Home’Bank/Mobile Banking regulatory or public policy provisions setting
services may be amended unilaterally by ING, the rules for allocating competence – and in
provided that it adheres to the procedure particular in the event of disputes with
described below. ING shall inform the Consumers – the Bank, whether it be plaintiff
Customer individually of any amendment it or defendant, is authorised to bring or have
wishes to make to this Agreement by means of brought any dispute relating to this Agreement
amendment notices sent in writing or on a and/or the related services and/or Transactions
durable medium, electronic or otherwise, to the covered by this Agreement before the courts of
Brussels or those of the jurisdiction in which its
1
In particular, the rules regarding execution periods and registered office is located with which the
deadlines applicable to Payment Transactions covered by business relations with the Customer are
the Special Regulations.
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maintained directly or indirectly via a subsidiary Phone’Bank/Home’Bank/Mobile Banking
or branch. services and access and use them in
accordance with the provisions of the
4. SUBSCRIPTION TO THE PHONE’BANK / Agreement.
HOME’BANK / MOBILE BANKING
SERVICES AND USERS OF THESE If the Customer and the User wish to activate
SERVICES the Phone’Bank/Home’Bank/Mobile Banking
services, they are bound to comply with the
terms, conditions or procedures set out in the
4.1. Subscription to the Technical Documentation on use of the
Phone'Bank/Home'Bank/Mobile Banking Phone’Bank/Home’Bank/Mobile Banking
services services or any other form at ING's discretion.
Once accepted by ING, activation of the
4.1.1. The Phone’Bank/Home’Bank/Mobile Phone’Bank/Home’Bank/Mobile Banking
Banking services are provided to ING services is equivalent to the commencement of
Customers who wish to use these services for the subscription to the
private and/or professional purposes. Phone’Bank/Home’Bank/Mobile Banking
services.
4.1.2. The Phone’Bank/Home’Bank/Mobile
Banking Agreement is concluded with a 4.1.2. Subject to the options offered by ING,
Customer by entering into the upon entering into the Agreement, the
Phone'Bank/Home'Bank/Mobile Banking Customer agrees that all of the accounts of
services Subscription Contract and, as which he is the holder or joint holder at ING
appropriate, its Annexes (in particular and other ING Group companies in Europe are
additional mandate forms) accepted for and on accessible via the
behalf of the Customer, if applicable by simple Phone’Bank/Home’Bank/Mobile Banking
subscription as stipulated in the following services to carry out all of the Transactions
paragraph. authorised in the context the management of
these accounts, unless he expressly requests
When opening an account, appointing an ING to exclude one or more specific accounts
authorised user of the account or entering into from the scope of the Agreement. Subject to
a contract with ING or another ING Group the options offered by ING, the Customer
company in Europe, the Customer accepts that all of his representatives and
automatically subscribes, by signing the agents or authorised users referred to as such
relevant contractual documents (documents for in the "Management Authority" documents for
opening an account, "Management Authority" the account(s) of which he is the holder or joint
documents, etc.) and unless specified to the holder at ING and other ING group companies
contrary in these documents, to these General in Europe shall automatically be considered to
Terms and Conditions of the be Users of the
Phone’Bank/Home’Bank/Mobile Banking Phone’Bank/Home’Bank/Mobile Banking
services (including, inter alia, in the Annex to services.
ING's General Regulations); the Customer
acknowledges that he has received a copy of The powers and any specific limits to these
these documents on paper or another durable powers, expressed in terms of a maximum
medium in advance and has taken cognisance authorised Transaction amount, number of
of the terms thereof. This subscription implies signatures required to carry out Transactions
acceptance of the and/or types of Transactions authorised, as
Phone'Bank/Home'Bank/Mobile Banking they appear on the "Management Authority"
Subscription Contract and, likewise, conclusion documents for the account(s) of which the
of the Phone'Bank/Home'Bank/Mobile Banking Customer is the holder or joint holder, as well
Agreement. as any subsequent changes to these powers
and limits, apply to Transactions carried out via
Once the Phone’Bank/Home’Bank/Mobile the Phone’Bank/Home’Bank/Mobile Banking
Banking Agreement has been concluded, if services. However, when completing the
appropriate by means of the aforementioned various mandate forms that ING provides as
subscription, any of the Customer's Users is an Annex to the
authorised to activate and deactivate the Phone'Bank/Home'Bank/Mobile Banking
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Subscription Contract, the Customer can In addition, the Customer also expressly
confer mandates, in addition to the mandates agrees that all the Users may consult this
and limits appearing on the "Management information via the
Authority" documents for the account(s) of Phone’Bank/Home’Bank/Mobile Banking
which the Customer is holder or joint holder, to services.
carry out electronic Transactions via the
Phone'Bank/Home'Bank/Mobile Banking 4.1.4. Upon conclusion of the
services. The "Management Authority" Phone’Bank/Home’Bank/Mobile Banking
documents for the account(s) of which the Agreement, the Customer accepts that all the
Customer is the holder or joint holder, in insurance policies concluded with ING and
particular with regard to the mandates, the other ING Group companies in Europe may be
powers or limits thereon in the context of accessed by Users via the
Transactions carried out via the Phone’Bank/Home’Bank/Mobile Banking
Phone’Bank/Home’Bank/Mobile Banking services in order to carry out all the
services, may be changed at the Customer’s Transactions authorised in connection with the
request in accordance, with regard to ING, with management of these contracts, subject to the
the provisions of ING’s General Regulations or, options offered by ING.
with regard to the other ING Group companies
in Europe, the provisions of the applicable 4.2. Users of the
regulations of the said companies. Phone’Bank/Home’Bank/Mobile Banking
services
Without prejudice to any stipulations to the
contrary in this Agreement (in particular point 4.2.1. The Customer agrees that he, if a User,
4.2.2.), ING shall take into account, for the and each User appointed by him in accordance
application of this Agreement, mandate forms with point 4.1. of the General Terms and
completed by the Customer and/or the Conditions, may consult the
Customer's request to change "Management Phone’Bank/Home’Bank/Mobile Banking
Authority" documents from the seventh bank services, including all information on banking,
business day, at the latest, after they have financial or insurance products or services
been received by ING, or from the 30th bank subscribed for and on behalf of the Customer
business day, at the latest, after they have with ING or other ING Group companies in
been received by another ING Group bank in Europe (including information relating to the
Europe of which the accounts can be accessed accounts open at ING and other ING Group
via Phone’Bank/Home’Bank/Mobile Banking companies in Europe of which the Customer is
services; however, ING shall endeavour, as far the holder or joint holder or for which the
as possible, to take account of the documents Customer is entitled to receive information),
before these deadlines. The provisions of this subject to the options offered by ING.
point 4.1.2 are without prejudice to the
establishment of upper limits specific to the Subject to the same qualification, the
Transactions carried out via the Customer, if a User, and the Users to the
Phone’Bank/Home’Bank/Mobile Banking extent they are duly mandated in accordance
services in accordance with point 9 of these with point 4.1. of the General Terms and
General Terms and Conditions. Conditions, may also, within the limits of their
powers and subject to their own electronic
4.1.3. Subject to the options offered by ING, signature, enter orders for and on behalf of the
the Customer agrees to receive, in respect of Customer and/or transmit orders requesting
the Phone’Bank/Home’Bank/Mobile Banking the execution of a Payment Transaction,
services, all the information on the banking, Transaction involving financial instruments or
financial or insurance products or services any other banking, financial or insurance
subscribed to for and on behalf of the transaction. Subject to the options offered by
Customer with ING or other ING Group ING, the Customer, if he is a User, and/or the
companies in Europe, including concerning the Users who may act as his representatives,
accounts open at ING and other ING Group may also, using their electronic signature,
companies in Europe of which the Customer is conclude or request (subject to acceptance by
the holder or joint holder or for which he is ING or another ING Group company in Europe
authorised to receive information. concerned and mutual agreement) the
conclusion of banking, financial or insurance
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contracts, in accordance with their powers and duly authorised representatives and agents,
within the limits of these powers, as defined in may only block their own means of access and
point 4.1 above. signature for the
Phone’Bank/Home’Bank/Mobile Banking
However, by special dispensation to the services.
foregoing, Users whose powers are limited as If the Customer of his Users subsequently wish
regards the maximum authorised Transaction to reverse the block, he is obliged to confirm
amount or the number of signatures required to this to ING beforehand in accordance with the
carry out Transactions may not enter or terms, conditions and procedures set out in the
transmit orders requesting the execution of Technical Documentation on use of the
Transactions involving financial instruments. Phone’Bank/Home’Bank/Mobile Banking
In addition, with regard to Mobile Banking services or in another way at ING's discretion.
services, and subject to the possibilities offered
If the Customer requests ING to revoke a
by ING, the customer accepts, by derogation
User’s powers, ING shall endeavour to block
from the above, that only those users of Mobile
the User's access to the
Banking services who are authorised to
Phone’Bank/Home’Bank/Mobile Banking
manage, alone and without restrictions
services as soon as possible on receipt of the
(whether said restrictions are expressed in
request. It shall not, however, incur any liability
terms of the maximum authorised amount for
in this regard until the lapse of the period of
transactions, the number of signatures
time specified for ING to actually take a
required to initiate transactions and/or the
revocation into account given in the contracts
types of transaction authorised), the account(s)
and regulations applicable between the
the customer holds solely or jointly with ING
Customer and ING. If the Customer wants
and other companies in the ING Group in
such revocation to apply immediately in
Europe may encode and transmit orders
respect of use of the
requesting the execution of a payment
Phone’Bank/Home’Bank/Mobile Banking
transaction, a financial instrument transaction
services, he must use the specific procedure
or any other transaction of a banking, financial
for blocking means of access and signature
or insurance nature, or otherwise enter into
referred to above in conjunction with the
agreements or request (subject to acceptance
revocation procedure.
by ING or by another company in the ING
Group in Europe concerned, and by mutual
4.2.3. The Customer undertakes to inform all
consent) to enter into agreements of a
his Users of their obligations in the context of
banking, financial or insurance nature, in line
the Agreement and, in particular, of the
with the above provisions.
conditions for accessing, using and signing for
the Phone’Bank/Home’Bank/Mobile Banking
4.2.2. To revoke the powers granted to Users,
services.
the Customer must follow the revocation
procedure specified in the contracts and
The Customer is liable for his Users complying
regulations applicable between the Customer
with these obligations and conditions and for
and ING or another ING Group company in
all of the consequences arising from any
Europe, in particular, with regard to ING, in
shortcoming by his Users.
ING’s General Regulations or, with regard to
the other ING Group companies in Europe, in
the applicable regulations of the latter. 5. ACCESS TO AND USE OF THE
To block means of access and signature for PHONE’BANK / HOME’BANK / MOBILE
the Phone’Bank/Home’Bank/Mobile Banking BANKING SERVICES
services, the Customer or his Users must
follow the procedures for blocking means of 5.1. Phone'Bank/Home'Bank/Mobile
access and signature described in the Banking services
provisions of point 6.4. of these General Terms
and Conditions. However, Users duly 5.1.1. The means of access and signature
mandated in the "Management Authority" required by the User to access and use the
documents or in the various mandate forms Phone’Bank/Home’Bank/Mobile Banking
provided by ING in Annex to the services, including those needed to affix his
Phone’Bank/Home’Bank/Mobile Banking electronic signature, are provided to the User
Subscription Contract, with the exception of personally by ING, the User then having the
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choice, according to the options offered by 5.2.1. In order to access Home’Bank services,
ING, to set certain means of access and the User has the option, according to the
signature himself. The means of access and options offered by ING, of using his Security
signature for the Phone’Bank, Home’Bank Module, smart card with a card reader or
and/or Mobile Banking services are provided to Digipass.
the User concerned at ING branches or at
ING's electronic terminals (including, if 5.2.2. Home’Bank services are accessible to
appropriate, from the Phone'Bank, Home'Bank the User only after he has been authenticated
and/or Mobile Banking services themselves), by the means of access provided by ING (such
subject to the options offered by ING. as a Digipass, a Security Module, a smart card
with a card reader or a User identification code
5.1.2. Either when applying to subscribe to (login), according to the options offered by
Phone’Bank and/or Home’Bank services or ING), and those chosen by the User himself
after ING has informed him that the means of (such as a password, PIN and/or any other
access and signature for the Phone'Bank confidential authentication code known only to
and/or Home'Bank services are ready, the the User, according to the options offered by
User or the Customer can ask for them to be ING).
sent to the address of the User concerned, as
indicated. However, ING reserves the right to 5.2.3. With regard to access to the Home'Bank
refuse to send means of access and signature, Offline service, regardless of whether this
in particular in consideration of security involves use of the Security Module, Digipass
requirements, and to insist on providing them or a smart card with a card reader and without
at its counters or at Self’Bank. The request to prejudice to the provisions of this point 5. and
have means of access and signature for the point 8. of these General Terms and
Phone'Bank and/or Home'Bank services sent Conditions, the Customer accepts that the
is made solely by using the form designed for encoding and validation by someone of the
this purpose by ING, which must be duly User's personal access number and, if
completed and signed by the User or, if the appropriate, a personal, confidential key
Customer is a legal entity, by the Customer. All chosen by the User constitutes due and
of the costs for sending the Phone'Bank and/or adequate proof of the identity of this person as
Home'Bank means of access and signature a User of Home'Bank services who holds the
shall be borne by the Customer. Home'Bank Software for the personal access
number concerned, provided that these means
5.1.3. By entering into the of access have been authenticated by the
Phone’Bank/Home’Bank/Mobile Banking Home'Bank Software concerned and, more
Agreement and, if appropriate, pursuant to the specifically, recognised by the Software as
signature of the “Management Authority” coming from the User.
documents or the various mandate forms that
ING provides as an Annex to the If the Security Module is used to access the
Phone’Bank/Home’Bank/Mobile Banking Home'Bank Online services and without
Subscription Contract, the Customer and prejudice to the provisions of points 5 and 8 of
Users agree to the provision of the these General Terms and Conditions, the
Phone’Bank, Home'Bank and/or Mobile' personal key contained in the Security File
Banking means of access and signature. Upon created by the User during the Security Module
receipt of the Phone’Bank, Home’Bank and/or initialisation procedure is activated by the User
Mobile Banking means of access and entering the password chosen. The result of
signature, the User is responsible for direct this activation is recorded in a single file. The
and indirect loss associated with the use, by Customer accepts that this file resulting from a
the User or a third party, of the means of person using the means of access as stated
access and signature, in accordance with the constitutes due and adequate proof of that
provisions of these General Terms and person's identity as the User of Home’Bank
Conditions. ING shall assume the risk services who owns the Security File
associated with sending the means of access concerned, provided that these means of
and signature to the User until that time. access have been authenticated by ING’s
information systems and, more specifically,
5.2. Home’Bank services recognised by them as coming from the User
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and provided that his certificate is valid and confidential authentication code strictly
has not been revoked. personal to the user, in accordance with the
possibilities offered by ING).
In the case of use of the smart card with a card
reader and without prejudice to the provisions 5.3.2. Once the User has accessed the
of this point 5. and point 8. of these General Phone'Bank services and has been identified
Terms and Conditions, the Customer accepts in accordance with point 5.3.1., the User may,
that the encoding and validation by someone, after entering his secret code, send Orders via
with a view to having access to the Home'Bank the Phone’Bank automated services by
Online services, of the User's personal access entering data on the telephone keypad. Orders
number, number of the User's smart card and that cannot be processed automatically can be
the single-use password generated by his transmitted by speaking to an agent via
smart card with the card reader after entering Phone’Bank personalised services.
on the reader the PIN chosen by the User and
relating to his smart card constitutes due and 5.3.3. In terms of access to Phone’Bank
adequate proof of the identity of this person as services, without prejudice to the provisions
the User of Home'Bank services who is the outlined in points 5 and 8 of these General
holder of the smart card concerned, provided Terms and Conditions, the customer accepts
that these means of access have been that encoding and validation by a person of the
authenticated by ING’s information systems means of access made available by ING or not
and, more specifically, recognised by them as (such as his/her personal access number
coming from the User and provided that use of (login and/or ING ID) and/or his/her telephone
his smart card is valid and has not been number, in accordance with the possibilities
revoked and has not expired. offered by ING) and where appropriate, those
personal and confidential means of access
In the case of use of the Digipass to access chosen by the user, constitute valid and
the Home'Bank Online services and without sufficient proof of the identity of said person as
prejudice to the provisions of this point 5. and a user of Phone’Bank services for the personal
point 8. of these General Terms and access number in question, provided that
Conditions, the Customer accepts that the these means of access are validated by ING’s
encoding and validation by someone, with a computer systems, and more specifically, that
view to having access to the Home'Bank they are recognised by said systems as being
Online services, of the User's personal access from the user.
number and single-use password generated by
his Digipass after entering on the Digipass the 5.4. Mobile Banking services
PIN chosen by the User relating to his or her
smart card constitutes due and adequate proof 5.4.1. In order to access the Mobile Banking
of the identity of this person as the User of services, the User must have set up a profile
Home'Bank services who is the holder of the beforehand based on the means of access
Digipass concerned, provided that these provided by ING (such as the smart card with a
means of access have been authenticated by card reader and/or his personal access
ING’s information systems and, more numbers (ING ID and Card ID), according to
specifically, recognised by them as coming the options offered by ING) and those chosen
from the User and provided that use of his by the User himself (such as the PIN linked to
Digipass is valid and has not been revoked. the smart card, the Home'Bank password
and/or any other confidential authentication
5.3. Phone’Bank services code known only to the User, according to the
options offered by ING).
5.3.1. Phone’Bank services may only be
accessed by the user once he/she has logged Mobile Banking services are subsequently only
in using the means of access made available accessible to the User after he has been
by ING or not (such as his/her personal access identified by means of the profile set up as
number (login and/or ING ID) and/or his/her referred to above and by the means of access
telephone number, in accordance with the chosen by the User himself (such as a PIN
possibilities offered by ING) and, where and/or any other confidential authentication
appropriate, those chosen by the User code known only to the User, according to the
him/herself (such as a PIN and/or any other options offered by ING).
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5.4.2. Once the User has accessed the Mobile within the limits of use agreed upon with ING
Banking services and has been identified in and the other ING Group companies in
accordance with point 5.4.1., the User may Europe. The User undertakes to comply with
send Orders via the Mobile Banking the security advice which is appended to these
automated services by entering data on the General Terms and Conditions and which is an
keyboard of his Apple IT system. integral part thereof. At regular intervals, ING
provides the User with security advice intended
5.4.3. As regards access to Mobile Banking to avoid any risk of misuse of the means of
services, without prejudice to the provisions of access and signature.
this points 5 and 8 of these General Terms and
Conditions, the Customer accepts that the The User shall take all reasonable precautions
encoding and validation by someone of the to ensure that his
User's profile and the personal and confidential Phone’Bank/Home’Bank/Mobile Banking
means of access chosen by the User services means of access and signature are
constitute due and adequate proof of the secure. The means of access and signature
identity of this person as a User of Mobile chosen by the User himself (such as a
Banking services who is the holder of the password, PIN and/or any other authentication
Mobile Banking Software for the profile code) are strictly personal and confidential to
concerned, provided that these means of the User. The User is responsible for their use
access have been authenticated by the Mobile and for keeping them confidential. The User
Banking Software concerned and, more undertakes not to divulge his Phone’Bank,
specifically, recognised by the Software as Home’Bank and/or Mobile Banking means of
coming from the User access and signature to a third party
(including, but not limited to, his spouse, a
6. SECURITY OBLIGATIONS OF THE family member and/or a friend) under any
CUSTOMER AND ’USER circumstances and/or not to allow a third party
to obtain them. Similarly, the User may not
6.1. The Customer is responsible for the divulge to a third party any confidential
proper use of the information on the security procedures applied.
Phone’Bank/Home’Bank/Mobile Banking
services by all of the Users, in accordance with 6.4. The Customer and/or User is obliged to
the conditions for access and use of the notify ING immediately he becomes aware of:
Phone’Bank/Home’Bank/Mobile Banking
services stipulated in the Agreement. 1. the loss, theft, misappropriation or
unauthorised use of their Phone’Bank,
6.2. The Customer and Users shall take all Home’Bank and/or Mobile Banking means of
reasonable precautionary measures to ensure access and signature. “Loss” or “theft”, within
the security of access to their operating the meaning of these General Terms and
stations and their information systems (Apple Conditions, refers to any involuntary
or other) from which the dispossession of the Phone’Bank, Home’Bank
Phone’Bank/Home’Bank/Mobile Banking and/or Mobile Banking means of access and
services can be accessed. signature; “misappropriation” or any
“unauthorised use” means any illegitimate or
Inter alia, the Customer and Users undertake unauthorised use of the Phone'Bank,
only to use the Phone'Bank/Home'Bank/Mobile Home'Bank and/or Mobile Banking means of
Banking services on a computer system access and signature;
equipped with an up-to-date firewall, and
malware (for example, spyware) and antivirus 2. any technical incident or any other failure
software that are permanently enabled and associated with the use of his Phone’Bank,
updated regularly. Home’Bank and/or Mobile Banking means of
access and signature, or that might jeopardise
the security of these services.
6.3. The User is obliged to save and use his
Phone’Bank/Home’Bank/Mobile Banking ING provides each Customer or User with the
means of access and signature in accordance appropriate means to enable him to make this
with the provisions of this Agreement, which notification at any time. The Customer or User
are in effect when they are issued or used, therefore undertakes to follow the procedures
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for blocking, via the Phone'Bank services, the once it provides the Customer or User with
means of access and signature for the written confirmation of the blocking.
Phone'Bank, Home'Bank and/or Mobile
Banking services described in the Technical 6.5. Without prejudice to specific provisions
Documentation on use of the applicable to Payment Transactions, in
Phone’Bank/Home’Bank/Mobile Banking particular the Special Regulations for Payment
services. Transactions, and to Transactions involving
financial instruments, in particular the Special
The Customer or User receives a written or Regulations for Transactions involving
electronic confirmation or a means of Financial Instruments, neither the Customer
identification (such as a number) so that he is nor the User can revoke a Transaction that the
able to provide proof of notification. When the User has carried out using his means of
Customer or User makes the telephone call or access or signature.
carries out the electronic procedure to provide
notification, this is recorded by an automated 6.6. With the help of information he receives in
system. The data recorded in this way accordance with point 7.3. of these General
constitutes proof in the event of a dispute and Terms and Conditions regarding Transactions
is saved in accordance with Article 12. carried under the Phone'Bank, Home'Bank
and/or Mobile Banking services (in particular
The Customer or User is required to confirm his account statements) the Customer or User
his notification in writing, within a reasonable is obliged to check regularly – and at least
period of giving it, at the ING branch where the once a month – the due receipt, acceptance or
account(s) is (are) held. not and, if appropriate, the due execution of
Orders submitted via the Phone'Bank,
The aforementioned period shall not under any Home'Bank and/or Mobile Banking services
circumstances exceed five calendar days. using the User's means of access and
signature. Similarly, the Customer or User is
In the event of theft, misappropriation or also required to check regularly – and at least
unauthorised use of the once a month – the legality of entries booked
Phone’Bank/Home’Bank/Mobile Banking under the Phone’Bank/Home’Bank/Mobile
means of access and signature, the Customer Banking services.
or User must also file a statement or report In addition, the Customer or User who has
with the relevant local Belgian or foreign subscribed to Home’Bank services is required
authorities as soon as possible. If so requested to read regularly – and at least once a month –
by ING, the Customer or User must send the messages provided by ING via Home’Bank
proof, as well as references, of the statement services, in particular for the application of
or report made. The Customer or User point 3.1.2.
undertakes to send ING any information
required for the investigation. The Customer or User is required to notify ING
or, if the Transaction in question concerns
If the Customer or User asks for the means of another ING Group company (for instance, if
access and signature to be blocked in a way the Transaction involves account(s) held with
other than that described in the Technical another ING Group bank in Europe), the ING
Documentation on use of the Group company in Europe involved in the
Phone’Bank/Home’Bank/Mobile Banking Transaction:
services (in particular, either at the branch
where the account(s) is (are) held, or by 1. of any Transaction carried out without his
telephone but by calling a number other than agreement that appears on his account
the one mentioned in the Technical statements or any other document on a
Documentation on use of the durable medium pursuant to receipt,
Phone’Bank/Home’Bank/Mobile Banking acceptance or execution of his Transactions in
services), ING shall endeavour to carry out the accordance with point 7.3. of these General
blocking as soon as possible after receipt of a Terms and Conditions;
written request or written confirmation of a
request made verbally or by phone. In all 2. of any error or anomaly ascertained on the
cases, ING is responsible for this blocking account statements or any other document on
a durable medium received pursuant to receipt,
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acceptance or execution of his Transactions in If the Customer is not a Consumer in the
accordance with point 7.3. of these General meaning of Article 1.2, 13) of these General
Terms and Conditions. Terms and Conditions, the aforementioned
period of 13 months shall be reduced to two
This notification should be confirmed in writing months. Once this period has elapsed, the
to ING or, if the Transaction in question Payment Transaction is considered final and
concerns another ING Group company in can no longer be disputed.
Europe, to the ING Group company in Europe
concerned by the Transaction. 6.7. The Phone’Bank/Home’Bank/Mobile
Without prejudice to the aforementioned Banking means of access and signature that
special provisions relating to the deadline for ING provides to Users, with the exception of
disputing Payment Transactions, any claim the means of access and signature chosen by
regarding a Transaction carried out via the the User himself (such as a password, PIN
Phone'Bank/Home'Bank/Mobile Banking and/or any other confidential authentication
services must be submitted as soon as the code known only to the User), remain the
Customer or User becomes aware of it and in exclusive property of ING, unless otherwise
any event within two months as from the provided for in this Agreement or expressly
provision, or failing such provision, of the agreed with the Customer or User.
information relating to this Transaction, be it by
an account statement or notification or any The smart cards provided free of charge to
other document on a durable medium, Users by ING or purchased by the Customer or
electronic or otherwise, received pursuant to User to replace the free card readers provided
the receipt, acceptance or execution of these by ING remain the exclusive property of ING,
Transactions. Once this deadline has elapsed, unless provided for otherwise in this
the Transaction is considered final and may no Agreement or expressly agreed with the
longer be disputed. Customer or User. However, card readers
purchased by the Customer or User, with the
By special dispensation to the foregoing exception of those purchased to replace card
provisions, the following rules apply to disputes readers provided free of charge are, as from
concerning Payment Transactions: purchase, the exclusive property of the
Customer or User concerned.
After the information relating to the Payment
Transaction has been made available to the The User agrees to return his
Customer or User – or , failing this, has been Phone’Bank/Home’Bank/Mobile Banking
provided to the Customer or User – ING must means of access and signature to ING or
be notified of any dispute concerning a another ING Group company in Europe at the
Payment Transaction that was not authorised first request of ING or another ING Group
or not duly executed forthwith, and in any company in Europe, as the case may be, with
event within 13 months of the date of the the exception of card readers that are the
Payment Transaction at the latest. exclusive property of the Customer or User.
Furthermore, the User agrees to return his
If the Customer or User does not react within Phone’Bank/Home’Bank/Mobile Banking
this period and in any event within four months means of access and signature to ING, with
as from the information on this Payment the exception of card readers that are the
Transaction being made available – or, failing exclusive property of the Customer or User, in
this, being provided – the Transaction is the event of discontinued use of the means of
deemed to be due and proper, without access and signature pursuant to the
prejudice to the Customer's or User's right to termination of this Agreement or the revocation
provide proof that the Payment Transaction of the User's powers.
was not authenticated, duly logged or booked,
or that it was affected by a technical incident or 7. ING'S SECURITY OBLIGATIONS
other deficiency that can be attributed to ING
or another ING Group bank in Europe. Once 7.1. Without prejudice to the Customer's and
the 13-month period from the Transaction date User's obligations specified in Article 6, ING
has elapsed, the Transaction concerned is guarantees the secrecy of the means of
considered final and can no longer be access and signature chosen by the User
disputed. himself (such as a password, PIN and/or any
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other confidential authentication code known Regulations for Transactions involving
only to the User). Financial Instruments.
ING shall refrain from providing any unsolicited 7.4. As soon as the notification referred to in
Home’Bank, Phone’Bank and/or Mobile point 6.4 or 6.6 of these General Terms and
Banking means of access and signature, Conditions is received in accordance with the
except to replace such means. blocking procedures referred to in the said
points, ING shall prevent any further use of the
7.3. At the very least, ING ensures that the Phone’Bank, Home’Bank and/or Mobile
User is provided with confirmation, Banking means of access and signature.
electronically or by telephone, of receipt of his
Order requesting execution of a Payment 7.5 ING shall provide proof that the Customer
Transaction, Transaction involving financial or User has duly made this notification at the
instruments or any other banking, financial, or request of the Customer or User, for 18
insurance Transaction or receipt of his request months as from the notification referred to in
to conclude or accept a banking, financial or point 6.4.
insurance contract via the Phone’Bank,
Home’Bank or Mobile Banking services.
Depending on whether it involves an order or 8. LIABILITY OF THE PARTIES
request to conclude or accept a contract, ING
or the other ING company in Europe 8.1. General liability as regards
concerned shall also ensure that it provides the Phone’Bank/Home’Bank/Mobile Banking
User or Customer with electronic or written services
confirmation of the acceptance – or not, as the
case may be – and, in the event of 8.1.1. Without prejudice to provisions to the
acceptance, the execution – or not, as the contrary in this Agreement, ING, in accordance
case may be – of the order or the conclusion – with its general duty of care as laid down, inter
or not, as the case may be – of a contract or alia, in ING’s General Regulations, assumes
the acceptance – or not, as the case may be – liability for any gross negligence or a deliberate
of the request to conclude a contract. transgression of duty (with the exception of
minor offences) committed while performing its
Without prejudice to the foregoing, so as to professional activities, either by ING, its
enable the Customer in particular to monitor employees or approved agents.
his expenditure to a reasonable extent and, if
appropriate, to carry out his notification in ING exercises the greatest care in duly
accordance with point 6.4 or 6.6., ING or the executing the Agreement. However, unless
other ING Group bank in Europe where the expressly provided otherwise in the
account concerned has been opened, provides Agreement, the obligations arising from the
or makes available to the Customer or User latter incumbent on ING are only best efforts
information at regular intervals, and at least obligations. Under no circumstances is ING
once a month, on the receipt, acceptance or liable for consequential loss, including, but not
execution of Payment Orders relating to limited to, loss of data, loss of expected
Payment Orders carried out under the earnings, profit, opportunity, customers or
Phone'Bank, Home'Bank and/or Mobile savings, the costs of procuring an equivalent
Banking services using the User's Isabel service or product or reputational harm.
means of access or signature; this information
may be provided via account statements or 8.1.2. The liability and/or guarantees of ING or
any other document on a durable medium, other ING Group companies in Europe as
electronic or otherwise. regards banking, financial or insurance
products and services available via the
Without prejudice to the foregoing, ING shall Phone’Bank/Home’Bank/Mobile Banking
provide the Customer with confirmation of the services and, more specifically, the
execution of a Transaction involving financial Transactions available via these services, are
instruments on the day following the execution governed exclusively by the agreements and
of the Transaction concerned, at the latest, in other contractual conditions entered into with
accordance with Article 118 of the Special the Customer, in particular, but not limited to,
as regards ING, ING's General Regulations,
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Special Regulations for Payment Transactions from any use, whether improper or otherwise,
and Special Regulations for Transactions of the Phone’Bank, Home’Bank and/or Mobile
involving Financial Instruments, or with regard Banking services by third parties using a
to the other ING Group companies in Europe, User's means of access and signature.
the applicable regulations of these companies. This provision applies without prejudice to
point 8.2. of these General Terms and
These Transactions are offered as such via the Conditions.
Home’Bank/Phone’Bank/Mobile Banking
services, without any guarantee or additional 8.1.6. Subject to gross negligence or a
liability on the part of ING as a result of deliberate transgression of duty on the part of
providing them via the ING or its approved agents, ING accepts no
Home’Bank/Phone’Bank/Mobile Banking liability for damage or loss caused to the
services, except for gross negligence or a Customer or to a User arising from devices,
deliberate transgression of duty on the part of networks, terminals or equipment or
ING or unless otherwise provided for in this configurations not approved by ING, resulting
Agreement. in particular from defects,
breakdowns or failures in electronic
8.1.3. ING is liable for any gross negligence or communications networks or from the poor
a deliberate transgression of duty on its part functioning or poor configuration of devices,
(with the exception of minor offences) in the networks, terminals or computer,
design of the Home’Bank/Mobile Banking telecommunications or broadcasting
Software or the Home’Bank/Mobile Banking equipment not approved by ING, including
Database if it has designed them, or in the those acquired free or for a consideration from
choice of the Home’Bank/Mobile Banking other third parties by the Customer or User in
Software or Home’Bank/Mobile Banking order to access and use the Phone’Bank,
Database if they are developed by third Home’Bank and/or Mobile Banking services.
parties. This liability covers only material Subject to gross negligence or a deliberate
damage that may be caused to the Customer's transgression of duty on the part of ING or its
or User’s computer, telecommunications, approved agents, ING likewise accepts no
broadcasting or other equipment, software or liability for material damage or consequential
configurations as a result of installing, loss caused to the Customer or a User arising
accessing, downloading or using the from, inter alia:
Home’Bank/Mobile Banking Software and the
Home’Bank/Mobile Banking Database • acts or omissions that are in any way
provided by ING, or the inability to use them. attributable to third parties, including
the Customer or User, that have not
8.1.4. Except in the event of gross negligence been approved by ING, and in
or a deliberate transgression of duty on its part particular any add-ons to the
or if otherwise provided for in this Agreement, Home’Bank/Mobile Banking Software
ING cannot be held liable for material damage or alteration to this Software or
and consequential loss caused to the "jailbreaking" of the Apple IT system
Customer, a User or a third party that might carried out by the Customer, User or
result from the use of the Phone’Bank, third parties, and not approved by ING;
Home’Bank or Mobile Banking services by the • legal or regulatory requirements
Customer or a User in a way that does not envisaged by national or Community
comply with the conditions for access and use laws;
of the Phone’Bank/Home’Bank/Mobile Banking • events beyond ING’s control, such as
services stipulated in this Agreement. action by public authorities, war, riot,
strike, default by its own suppliers,
8.1.5. Prior to receipt of the notification referred damage resulting from fire or natural
to in point 6.4 of these General Terms and causes (such as flood, storm and
Conditions, and except in the case of gross lightning) or any event of force
negligence or a deliberate transgression of majeure.
duty on the part of ING, the Customer is liable
for any material damage or consequential loss Consequently, in the context of the
that might result for him, for ING, for other ING Phone’Bank, Home’Bank or Mobile Banking
Group companies in Europe or for third parties,
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services, ING cannot guarantee and provides associated with the loss or theft of these,
no guarantee concerning: except in the event of gross negligence or a
• access, availability and the access deliberate transgression of duty on their part.
and response times for the
Phone’Bank Home’Bank or Mobile 8.2. Specific Payment Transaction liability
Banking services via devices, rules
networks, terminals or equipment not
approved by ING; As special dispensation to points 5.1.3., 8.1.1.
• the technical security and reliability of to 8.1.3. and 8.1.5. of these General Terms
communications via devices, networks, and Conditions, but without prejudice to the
terminals or equipment not approved other provisions thereof setting out the Parties’
by ING, particularly, in the context of obligations and responsibilities, particularly
the Home'Bank or Mobile Banking points 5, 6 and 7, and points 8.1.4. and 8.1.6.
services, protection against viruses to 8.1.10., the liability of the Parties in the
and other malware (spyware, for event of non-execution or incorrect execution
instance), despite the protective of a Payment Transaction or in the event of an
measures put in place by ING; unauthorised Payment Transaction is
• protection and confidentiality of determined in accordance with the following
communications via devices, networks, provisions.
terminals or equipment not approved
by ING. 8.2.1. Liability in the event of non-execution
or incorrect execution of a Payment
8.1.7. Without prejudice to provisions to the Transaction
contrary in the Agreement, when ING has to
call on third parties to carry out Orders, it 8.2.1.1. Payment Transactions covered by the
undertakes to send them the Order as quickly Special Regulations for Payment Transactions
as possible. ING cannot under any (payment transactions in euros or the currency
circumstances be held liable for the detrimental of a member state of the European Economic
23
consequences of any negligence or error by Area (EEA) made within the EEA.
the third parties in question.
The liability of the Parties in the event of non-
ING cannot be held liable in the event of execution or incorrect execution of Payment
transmission or execution of the Customer's Transactions covered by this point is
Orders being delayed or hindered by established in accordance with Articles 16 to
circumstances beyond its control. 18 of the Special Regulations for Payment
Transactions.
8.1.8. The Customer and, if appropriate, each
of the Users, is responsible for ensuring that With regard to the application of these
their computer, telephone or other equipment, provisions, a Payment Order is only
software and configurations are compatible for considered to be issued by the User once the
accessing, downloading, activating, installing User has received confirmation from ING,
and using the Phone’Bank, Home’Bank and/or electronically or by telephone, of receipt of the
Mobile Banking services, in particular the Order submitted via the Phone'Bank,
Home'Bank/Mobile Banking Software and the Home'Bank or Mobile Banking services.
Home'Bank/Mobile Banking Database
provided by ING. The foregoing provisions are also understood
to be without prejudice to Article 2.2 of the
8.1.9. ING gives a guarantee to the User that Special Regulations for Payment Transactions.
the Home’Bank Software and Database are
free of any known virus on the date of
installation of the Home'Bank services.
8.1.10. As they are not the issuer of 2
On 1 December 2009, apart from the 27 Member States
Phone'Bank, Home'Bank and/or Mobile
of the European Union, the EEA also included Norway,
Banking means of access and signature, the Iceland and Liechtenstein.
other ING Group companies in Europe decline 3
The payment service provider of both the principal and
any liability with regard to the consequences the beneficiary must be located in the European Economic
Area.
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8.2.1.2. Payment Transactions not covered by
the Special Regulations for Payment However, his liability is limited to a maximum of
Transactions EUR 150 for all Payment Transactions carried
out prior to such notification, unless the loss or
In the event of non-execution or incorrect damage results from the Customer and/or User
execution or Payment Orders not covered by failing, intentionally or due to gross negligence,
the Special Regulations for Payment to satisfy one or more of his/their obligation(s)
Transaction, ING is only liable in the event of pursuant to these General Terms and
gross negligence or deliberate transgression of Conditions. In this case, the EUR 150 limit
duty in its services. does not apply.
If information such as the name and/or address Inter alia, the following are considered to be
of the Payment Transaction beneficiary is gross negligence:
provided in addition to its Unique Identifier
defined in point 1.2, 16), ING is only liable for 1) the User making a note of his password,
the execution of the Payment Transaction in PIN and/or any other confidential
accordance with the Unique Identifier entered, authentication code known only to the User, in
without having to take account of any an easily recognisable form, including in the
discrepancies between this additional vicinity of his IT system (Apple or other), on his
information and the Unique Identifier entered. Digipass, on his smart card, on his card reader
or on his telephone, or on an object or
With regard to the application of the above document kept and carried by the User;
provisions, a Payment Order is only
considered to be issued by the User once the 2) the Customer or User not notifying ING as
User has received confirmation from ING, soon as he becomes aware of the loss, theft,
electronically or by telephone, of receipt of the misappropriation or unauthorised use of his
Order submitted via the Phone'Bank, Phone’Bank, Home’Bank and/or Mobile
Home'Bank or Mobile Banking services. Banking means of access and signature, in
accordance with point 6.4 of these General
ING's liability is in any event limited to the Terms and Conditions.
material damage ascertained by the Customer,
excluding consequential loss including, but not In addition, ING draws the Customer's
limited to, loss of data, loss of expected attention to the fact that other events or
earnings, profit, opportunity, customers or actions, irrespective of whether or not they
savings, the costs of procuring an equivalent result from the Customer or User failing to fulfil
service or product or reputational harm. his obligations under these General Terms and
Conditions, may be considered as gross
8.2.2. Liability in the event of unauthorised negligence, depending on all circumstances in
Payment Transactions which they occur or transpire, with the courts
considering the case as a last resort if
8.2.2.1. Irrespective of the Payment appropriate.
Transaction currency, the Parties' liability with
regard to unauthorised Payment Transactions By way of example, the following may be
is established in accordance with the following considered to constitute gross negligence,
provisions, whether the Payment Operation is depending on the circumstances and without
made within or outside the EEA. prejudice to consideration by the courts:
8.2.2.2 Customer's liability • the User not using his Phone’Bank,
Home’Bank and/or Mobile Banking means of
8.2.2.2.1. The Customer assumes the loss access and signature in accordance with the
resulting from the loss, theft, misappropriation conditions for access and use of the
or unauthorised use of the Customer's or Phone’Bank/Home’Bank/Mobile Banking
User's Phone’Bank, Home’Bank and/or Mobile services that are laid down in the Agreement
Banking means of access and signature until and within the limits of use agreed upon with
the Customer or User provides the notification ING and the other ING Group companies in
referred to in point 6.4. of these General Terms Europe;
and Conditions.
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• the User not complying with the security pirating of the means of access and signature
advice appended to these General Terms and via hacking, skimming, etc.
Conditions;
The special dispensation set out in this
• the User not carefully saving his Phone’Bank, provision does not however apply if it is
Home’Bank and/or Mobile Banking means of established that the Customer and/or User
access and signature so as to prevent any has/have acted fraudulently or with intent.
improper use by third parties and, for example,
leaving them in a vehicle or place accessible to 8.2.2.2.4. If the Customer is not a Consumer in
the public, unless, in the latter case, they are the meaning of point 1.2, 13), of these General
kept in a secure cabinet or safe. Places to Terms and Conditions, the upper limit of EUR
which third parties have de facto access, 150 referred to in Article 8.2.2.2.1 does not
without being places open to the public, are apply. Until the notification referred to in point
also deemed to be places accessible to the 6.4 of these General Terms and Conditions,
public; the Customer shall therefore bear the entire
loss resulting from the loss, theft,
• the User allowing a third party (including, but misappropriation or any unauthorised use of
not limited to, his spouse, a family member or the Customer's or User's Phone'Bank
friends) to become aware of his password, PIN Home'Bank or Mobile Banking means of
and/or any other confidential authentication access and signature, except in the event of
code known only to the User or to use his gross negligence or deliberate transgression of
Phone’Bank, Home’Bank and/or Mobile duty on the part of ING.
Banking means of access and signature.
8.2.2.3. ING's liability
8.2.2.2.2. If the Customer and/or User
has/have acted fraudulently, the Customer 8.2.2.3.1. Other than in the event of fraud,
shall bear all of the losses resulting from gross negligence or deliberate failure by the
unauthorised Payment Transactions carried Customer and/or User to fulfil one or more of
out both before and after the notification his/their obligations pursuant to these General
referred to in point 6.4 of these General Terms Terms and Conditions, and without prejudice to
and Conditions, notwithstanding ING's point 8.2.2.2.4, if the Customer is not a
obligation to take all possible steps to prevent Consumer in the meaning of point 1.2, 13),
any further use of the Phone’Bank, Home’Bank ING shall bear, above and beyond the EUR
and/or Mobile Banking means of access and 150 for which the Customer is liable, the loss
signature. resulting from unauthorised Payment
Transactions before the notification referred to
8.2.2.2.3. By special dispensation to the in point 6.4 of these General Terms and
foregoing provisions, the Customer shall not Conditions.
bear any loss in the following cases:
8.2.2.3.2. Other than in the event of fraud by
1) if the Phone’Bank, Home’Bank and/or the Customer and/or User, ING shall bear the
Mobile Banking means of access and losses resulting from unauthorised Payment
signature were used without any physical Transactions after the notification referred to in
presentation or electronic identification. Mere point 6.4 of these General Terms and
use of a confidential code or other similar proof Conditions.
of identity is not sufficient to invoke the
Customer's liability. 8.2.2.3.3. Unless it is established that the
Customer and/or User acted fraudulently or
2) if the Phone’Bank, Home’Bank and/or with intent, ING shall bear the losses resulting
Mobile Banking means of access and from unauthorised Payment Transactions in
signature were copied by a third party or used the following cases:
without authorisation, provided that the User
was, at the time of the disputed Payment 1) if the Phone’Bank, Home’Bank and/or
Transaction, in possession of his means of Mobile Banking means of access and
access and signature. This provision covers signature were used without any physical
the forgery of the card and the copying or presentation or electronic identification; mere
use of a confidential code or other similar proof
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of identity is not sufficient to invoke the services, the execution of Transactions is
Customer's liability; limited to the available account balance
(including, if applicable, credit facilities linked
2) if the Phone’Bank, Home’Bank and/or to the account) and, if applicable, to one or
Mobile Banking means of access and more maximum amounts for each Transaction
signature were copied by a third party or used type and/or period of time determined jointly by
without authorisation, provided that the User the Customer, User and ING and/or the other
was, at the time of the disputed Payment ING Group companies in Europe. These limits
Transaction, in possession of his means of may vary according to the means chosen for
access and signature. This provision covers issuing Orders relating to Transactions via the
the forgery of the card and the copying or Phone'Bank/Home'Bank/Mobile Banking
pirating of the means of access and signature services and the security thereof.
via hacking, skimming, etc.
9.2. Within the minimum and maximum
8.2.2.3.4. In the event of an unauthorised amounts set by ING and/or the other ING
Payment Transaction, ING shall reimburse the Group companies in Europe and
Customer with the amount of the unauthorised communicated to the User, the applicable
Transaction without delay, plus interest if upper limits may, at the User's or Customer's
appropriate, by restoring the account debited request, and in agreement with ING or the
to the state in which it would have been if the other ING Group companies in Europe, be
unauthorised Payment Transaction had not adjusted according to the Customer's or User’s
occurred. This provision is understood to be specific requirements. Information in this
without prejudice to the obligations and regard is available at all ING branches or, if the
liabilities of the Customer and User as account(s) concerned is (are) held at another
described in point 6 and point 8.2.2.2. ING Group bank in Europe, at the bank where
the account(s) concerned is (are) held.
Similarly, in the cases referred to in point
8.2.2.3.3 (remote use of the means of access Moreover, the Customer or the User may,
and signature, forgery, copying or pirating of within the limits of the aforementioned
the means of access and signature) and minimum and maximum amounts, request that
unless the Customer and/or User has/have the applicable upper limits be changed in the
acted fraudulently or with intent, ING shall following cases:
reimburse the Customer as soon as possible
with the amount needed to restore the account • following the loss, theft, misappropriation or
debited to the state in which it would have any unauthorised use of the Phone’Bank,
been before the use of the forged, copied or Home’Bank and/or Mobile Banking means of
pirated means of access and signature within access and/or signature;
the meaning of this provision. • in the event of any Transaction appearing on
the User's account statements that has been
The foregoing provisions are understood to be carried out without his agreement.
without prejudice to point 8.2.2.2.4 if the
Customer is not a Consumer in the meaning of However, if the Customer is a legal entity, the
point 1.2, 13). agents designated as such in the
"Management Authority" documents for the
8.2.3. Force Majeure account concerned or in the various mandate
forms that ING provides as an Annex to the
By special dispensation to the provisions of Phone’Bank/Home’Bank/Mobile Banking
Articles 8.2.1 and 8.2.2, ING shall not assume Agreement and who are not duly authorised
any liability in the event of force majeure or representatives or agents of the Customer may
when the Bank is bound by other legal only change their own upper limits.
obligations provided for under national or
European Union legislation. 9.3. The upper limits applicable to Orders
relating to Payment Transactions made via the
9. TRANSACTION LIMITS Phone'Bank/Home'Bank/Mobile Banking
services are as follows:
9.1. In the context of the
Phone’Bank/Home’Bank/Mobile Banking 1) Phone'Bank services
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* Transfers: EUR 2,500 per seven-day period conferred by the Customer on his Users are
* Transfers with memo date: EUR 5,000 per limited to a certain amount, ING shall apply
seven-day period these limits to the amount of each separate
order and not to the overall amount of the
batch orders, unless expressly agreed
otherwise.
2) Home’Bank (Plus) services
10. MAINTENANCE OF THE
Home'Bank Home'Bank Plus PHONE’BANK / HOME’BANK / MOBILE
BANKING SERVICES
Security EUR 125,000 From EUR 125,000
10.1. With regard to any technical, operational
module per seven-day to
or functional incident or problem associated
period with the Phone’Bank/Home’Bank/Mobile
EUR 500,000 per
Banking services, in particular those
seven-day period
associated with the installation and use of the
Home'Bank/Mobile Banking Software and/or
Smart card EUR 125,000 EUR 500,000 per Database, or with the use of Phone’Bank,
with card per day day Home’Bank and/or Mobile Banking means of
reader access and signature or that might jeopardise
the security of these services, the User can call
the Help Desk via the Phone'Bank
Digipass No weekly or No weekly or daily
personalised services provided by the ING
daily limit limit maximum EUR Contact Centre.
maximum EUR 500,000 per Order
The Help Desk can be accessed by calling the
125,000 per
Phone’Bank services during business hours in
Order accordance with the Technical Documentation
on use of the Phone’Bank/Home’Bank/Mobile
3) Mobile Banking services Banking services. The Help Desk can provide
* Transfers: EUR 9,999 per Order, EUR 750 assistance in French, Dutch, English or
per day for all payment orders in favour of pre- German.
defined beneficiary accounts in connection with
Home’Bank services by the customer or user The User can also contact the Help Desk by e-
(with the exception of accounts for which the mail (info@ing.be). At the time of reporting the
customer is the holder or agent). problem and subsequently, the User must
provide all information useful and necessary to
Any upper limits applied to other Orders are help resolve the problem.
notified to the User in the context of the
Phone’Bank/Home’Bank/Mobile Banking 10.2. In any event, corrective maintenance of
Agreement. the Home’Bank/Mobile Banking services,
The User may always take cognisance of the associated primarily with the correction of any
upper limits applicable to Orders via the defects or errors in the Home’Bank/Mobile
Phone’Bank, Home’Bank or Mobile Banking Banking Software, may only be performed with
services. In addition, the User is always ING’s assistance. The User may not correct or
notified if a Transaction cannot be carried out modify Home’Bank/Mobile Banking services
because an upper limit has been exceeded. himself.
9.4. The Phone'Bank/Home'Bank services also ING shall use its best endeavours to carry out
include the option of sending batch orders maintenance tasks within a reasonable time.
under a single electronic signature requesting However, in carrying out its maintenance
the execution of Payment Transactions, tasks, it is only bound by a best efforts
Transactions involving financial instruments or obligation.
any other banking, financial or insurance
transactions. With regard to these batch 10.4. ING is not obliged to provide ongoing
orders, it is agreed that, if the powers maintenance and, as a result, does not
guarantee that the
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Phone’Bank/Home’Bank/Mobile Banking Member State is processed by these
services shall be appropriate to the specific companies in accordance with the information
requirements and wishes of the Customer or on the protection of privacy provided by them.
User, in particular concerning suitability for his
IT (Apple or other) or telecommunications 11.1.3. This data is not intended to be divulged
systems. to third parties other than the entities
The Customer and User are responsible for designated by the individual concerned,
verifying that these systems match the companies whose intervention is useful or
specifications laid down in the Technical necessary (including, for Payment
Documentation on use of the Transactions, SWIFT SCRL and MasterCard
Phone’Bank/Home’Bank/Mobile Banking Europe SPRL and, for Transactions involving
services. financial instruments, ProCapital SA) in
fulfilment of one of the purposes referred to in
11. PROTECTION OF PRIVACY point 11.1.2. or the ING Group companies
based in an EU Member State in fulfilment of
11.1. General provisions one of the purposes referred to below.
11.1.1. ING respects the privacy of any It may also be transferred to non-EU countries,
individual, including that of the User, that of the that may or may not provide an adequate level
Customer if applicable, and that of any other of personal data protection (for example,
individual concerned, in accordance with the SWIFT SCRL archives US payment data,
legislation in effect. The data processor for which is subject to US legislation). ING shall,
personal data on the individuals concerned is however, only transfer data to non-EU
ING (e-mail: info@ ing.be). countries that do not provide an adequate level
of protection in the cases laid down in the Data
11.1.2. Personal data relating to individuals Protection Act of 8 December 1992, for
communicated to ING in the context of the instance where data protection is assured by
conclusion or execution of the appropriate contractual provisions.
Phone’Bank/Home’Bank/Mobile Banking
Agreement, particularly in the context of use of The individuals concerned consent to the
the Home'Bank Online services, Phone’Bank exchange of data concerning them among
telephone services or Mobile Banking services, companies – existing and to be created – of
is processed by ING for the purposes of the ING banking and insurance group based in
centralised customer management, an EU Member State.
management of accounts and payments, credit
facilities, asset management (investments), The ING Group in the EU is a group of
brokering services (in particular insurance companies with activities in banking,
and/or leasing), marketing (including research insurance, leasing, asset management and/or
and statistics) of banking, financial and/or an activity following on from those activities.
insurance services (including leasing) (unless This data exchange is intended to enable
opposed by the individual concerned), participating companies to carry out centralised
establishing a customer profile, monitoring the customer management, to have a profile of the
legality of transactions and preventing customer, to carry out studies, to compile
irregularities. statistics and/or to undertake marketing
campaigns (except e-mail advertisements and
Data relating to individuals managed by unless opposed by the individual concerned),
intermediaries (independent agents or brokers) to offer and/or to provide the aforementioned
of ING, including those relating to their services, and to monitor the legality of
financial transactions, is also processed by transactions (including the prevention of
ING to ensure compliance by these irregularities).
intermediaries with their legal, regulatory
(including resulting from a CBFA circular) or Any individual may ask ING for an updated list
contractual obligations, including any duty of of ING Group companies based in Belgium or
exclusivity towards ING. in an EU Member State participating in this
exchange of data. These companies guarantee
Data transmitted at the initiative of individuals a high level of protection for the personal data
to other ING Group companies based in an EU
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exchanged and are obliged to exercise access to this data are ING staff members and,
discretion as regards this data. where applicable, staff members of the other
ING Group companies based in an EU
The legal or administrative authorities or the Member State, responsible for fulfilling one or
supervisory bodies, in Belgium or abroad – in more of the purposes mentioned in points
the US, for example – may in certain cases 11.1.2 and 11.1.3.
provided for by local legislation or regulations
(in particular to prevent terrorism) require ING 11.1.6. There is no legal provision making it
or any company to which the data ING has compulsory to answer the questions asked by
transferred the data in accordance with the ING or another ING Group company based in
foregoing, to disclose all or some of this an EU Member State, but not answering them
personal data on individuals, such as data on may, depending on the circumstances, result in
Payment Transactions. ING or another ING Group company based in
an EU Member State being unable or refusing
11.1.4. Any individual may access the data to enter into a (pre-) contractual relationship, to
concerning him, processed by ING or another continue such a relationship or to carry out a
ING Group company based in an EU Member Transaction requested by the individual
State and, if necessary, request that incorrect concerned.
data be rectified or illegally processed data be
deleted. 11.1.7. Personal data relating to the individual
concerned is processed by ING and the other
The individual concerned may object, at any ING Group companies based in an EU
time, on request and free of charge, to his Member State with the strictest confidentiality.
personal data being processed for direct However, as electronic communications
marketing purposes and/or withdraw his networks, particularly the Internet, do not offer
consent to his personal data being exchanged complete security, respecting privacy can only
among ING Group companies based in an EU be guaranteed if the personal data is sent via
Member State for direct marketing purposes; communication channels expressly indicated
this shall be taken into account as soon as by ING as being secure.
possible.
11.2. Home'Bank Online Services
11.1.5. Racial or ethnic data or political,
philosophical or religious data, or data 11.2.1. Cookies
concerning union affiliation or sexuality is not
processed, unless it appears during payment "Cookies" are used in some places of
transactions (for example, a payment order for Home’Bank Online services in order to provide
fees to a political party). the User with a better service. A "cookie" is a
text file containing information about the
In this case, the individual concerned behaviour of someone visiting a website. It is
authorises this data to be processed in the created by software on the website server but
context of carrying out payment transactions, stored on the hard drive of the website visitor's
in accordance with Article 6 of the Data IT system. During a subsequent visit to the
Protection Act of 8 December 1992. website, the contents of the "cookie" can be
retrieved by the website server. "Cookies"
The groups of people with access to this data created when using Home’Bank Online
are ING staff members and, where applicable, services enable offers of services to be
staff members of other ING Group companies personalised according to the areas of interest
based in an EU Member State, who are of each User, which can be identified by
responsible for processing payment means of these "cookies". These "cookies"
transactions. If racial or ethnic data is evident contain data concerning the User such as the
from the data identifying the individual language or currency selected, which shall
concerned (in particular surname, first name, prevent the User from having to re-enter this
address and nationality), the individual data each time he uses the Home’Bank Online
concerned also authorises the processing of services. They record data about the
this racial or ethnic data, in accordance with Home’Bank Online services pages visited by
Article 6 of the Data Protection Act of 8 the User and their aim is to carry out
December 1992. The groups of people with information sessions, particularly by recording
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the information that the User provides in accounts and payments, credit facilities,
successive forms, in order to avoid the User payments, asset management (investments) or
receiving the same advertising or other insurance;
material repeatedly. The User data recorded • centralised customer management and
by the "cookies" is also processed by ING to obtaining a profile of the Customer;
compile statistics for the Home’Bank Online • monitoring transactions and preventing
services and to ensure that the contents of irregularities.
these services are improved. These "cookies"
are stored on the User’s IT System for a The Customer – or, where applicable, the User
maximum of twelve months. – may receive telephone calls from ING
concerning the Transactions he has requested.
Most Internet browsers are automatically
configured to accept "cookies". However, the These recordings are saved for a period not
User can configure his Internet browser to exceeding that required to achieve the
inform him of each "cookie" sent or to prevent purposes for which they are obtained or for
them from being saved on his hard drive. which they are subsequently processed.
However, ING cannot guarantee the User
access to Home’Bank Online services if the ING Contact Centre Belgium SA is the
User refuses to record "cookies". subcontractor for processing recordings of
telephone conversations in the context of
11.2.2. Environment variables Phone’Bank personalised services.
When the User uses the Home’Bank Online Subscription to the
services, the following personal data, called Phone’Bank/Home’Bank/Mobile Banking
"environment variables", is sent to ING and services implies that the Customer and the
recorded by ING via the User’s browser User agree to all of their telephone
software: conversations being recorded in the context of
• his TCP/IP address (identification number of Phone’Bank services in accordance with the
the User’s IT system on the Internet network); foregoing.
• the makes and versions of his browser
software and his operating system; 11.4. Mobile Banking services
• the language used by the User;
• the type of Home’Bank services used by the When the User uses the Mobile Banking
User (Home’Bank or Home’Bank Plus); services, the following personal data, called
"environment variables", is sent to ING and
• all of the information about the Home’Bank recorded by ING via the User’s Apple IT
Online services pages visited by the User and system:
those of other websites through which the User • his TCP/IP address (identification number of
accessed Home’Bank Online services. the User’s IT system on the Internet network);
• the makes and versions of the Apple IT
This data is processed by ING so as to be able system used (iPad, iPhone, IPod Touch, etc.)
to take into account the specific configuration and his operating system,
of the User’s IT System so that he can be sent • the serial number of the Apple IT system
the web pages requested in the correct format. used (UDID),
It is also processed to compile statistics for • the type of Home’Bank services used by the
Home’Bank Online services and to ensure that User (Home’Bank or Home’Bank Plus);
the contents of these services are improved. • the language used by the User,
• the pages of the ING Mobile services viewed
11.3. Phone’Bank services by the user.
Telephone calls in the context of Phone’Bank
services are recorded. These recordings and This data is processed by ING so as to be able
the data they contain are kept systematically to take into account the specific configuration
by ING so as to enable: of the User’s IT System so that he can be sent
• the Customer's or the User’s transactions to the web pages requested in the correct format.
be processed, as well as to monitor services It is also processed to compile statistics for
provided to and/or at the request of the Mobile Banking services and to ensure that the
Customer relating to the management of contents of these services are improved.
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12. PROOF OF TRANSACTIONS any copy ING relies upon as proof to be
certified true by ING.
The provisions of this point 12 are without
prejudice to the Customer's right to provide 12.1.2. ING keeps an internal statement of the
proof to the contrary by all legal channels or Transactions pursuant to an Order issued
the regulations on liability laid down by point 5 using the Phone'Bank/Home'Bank/Mobile
and point 8 of these General Terms and Banking means of access and signature for at
Conditions. least five years from when the Transactions
are carried out, without prejudice to other legal
In addition, they are understood to be without or regulatory provisions regarding
prejudice to mandatory statutory provisions or substantiating documents.
public policy orders that establish the specific
rules of authentication, registration and/or 12.1.3. Without prejudice to mandatory
accounting of Transactions. statutory or regulatory provisions or public
policy orders, all notifications by ING in the
12.1. Proof of Transactions in general context of the Agreement may, inter alia, be
duly made by letter, by a notice included in
12.1.1. Without prejudice to point 6.6 of these account statements or, in the context of
General Terms and Conditions, in the event of Home'Bank services, by electronic notice.
a dispute concerning a Transaction pursuant to
an Order issued by a User using his 12.2. Home’Bank services
Phone’Bank, Home’Bank or Mobile Banking
means of access and signature, ING 12.2.1. In the context of Home'Bank services,
undertakes to provide proof that the any Order is signed electronically by a User
Transaction was authenticated, duly recorded with the Home'Bank means of signature
and booked and was not affected by a provided by ING (such as a Security Module, a
technical incident or other failure. smart card with a card reader or a Digipass,
according to the options offered by ING) and
For all Transactions pursuant to an Order those chosen, depending on the options
issued via the Home'Bank services, the offered by ING, by the User himself (such as a
Phone'Bank automated services or Mobile password, PIN and/or any other confidential
Banking services, this proof shall be provided authentication code known only to the User,
by producing an excerpt from the log file or according to the options offered by ING). To
recordings on a data medium of the sign an Order in the context of Home'Bank
Transactions, established by ING’s electronic services electronically, the User has the
systems or those of any sub-contractors used choice, provided he has signed up to these
by ING. means in the Phone’Bank/Home’Bank/Mobile
Banking Agreement and subject to the options
For all Transactions pursuant to an Order offered by ING, between the use of his
issued by the Phone'Bank personalised Security Module, smart card with a card reader
services, this proof shall be provided by or Digipass.
producing an excerpt from the log file or
recordings on data medium of all the 12.2.2. If the User uses the Security Module to
Transactions, established by ING’s electronic provide an electronic signature for a Order, the
systems or those of any sub-contractors used private key contained in the Security File the
by ING. User created during the Security Module
initialisation procedure is activated by entering
The Parties recognise that the aforementioned the password chosen by the User. The result
log file and recordings on a magnetic or data of this activation is recorded in a single file.
medium have evidential value. The contents of The Customer acknowledges that this file
this resulting from someone using the means of
log file and these recordings may be copied signature in the aforementioned manner
onto paper, microfiche or microfilm, magnetic constitutes the electronic signature of one of
or optical disc, or onto any other data medium. his Users that holds the Security File
As far as the Parties are concerned, this copy concerned or, if he is a User and holder of the
shall have the same evidential value as an Security File concerned, of the Customer
original document. The Customer may ask for himself, provided that this electronic signature
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is authenticated by ING's information systems and it has not been or revoked or has not
and recognised by these systems as coming expired.
from the User and that his certificate is valid
and has not been revoked. 12.2.5. By derogation from points 12.2.1,
12.2.2, 12.2.3 and 12.2.4 of these General
12.2.3. If a smart card with a card reader is Terms and Conditions, for certain orders
used to provide an electronic signature for an executed using Home’Bank services and
Order, a single-use password is generated via specified in the Technical Documentation
the User's smart card after entering into the relating to the use of
card reader the information relating to the Phone’Bank/Home’Bank/Mobile Banking
Order concerned provided by the Home'Bank services (for instance, payment orders in
services for the Transaction concerned and the favour of other accounts of which the customer
personal and confidential PIN associated with is the holder and/or of certain beneficiaries),
the card and chosen by the User. After being the customer acknowledges that simple
encoded and authenticated in the Home’Bank validation of the order, without recourse at this
services, this single-use password is recorded time to the Home’Bank services signature
by the Bank so that it can be authenticated. means, by a person duly authenticated
The Customer acknowledges that the single- beforehand as a user, in accordance with point
use password encoded and validated by 5.2 of these General Terms and Conditions,
someone in the Home'Bank services after via his/her means of access when accessing
using the means of signature as described Home’Bank services, constitutes the electronic
above, as recorded by the Bank, represents signature of this user, provided that these
the electronic signature of one of his Users means of access are validated by ING’s
who is holder of the card concerned or, if he is computer systems, and more specifically, that
a User and holds the card concerned, of the they are recognised by these systems as being
Customer himself, provided that this electronic from the user, and that said means of access
signature is authenticated by ING's information are valid and have not been revoked or, where
systems and, more specifically, recognised by appropriate, have not expired.
these systems as coming from the User and
the use of his smart card is valid and it has not
been or revoked or has not expired. 12.2.6. For all Transactions carried out in the
context of the Home'Bank services, the
12.2.4. If the Digipass is used to provide an Customer accepts that each User’s electronic
electronic signature for an Order, a single-use signature (authenticated by ING’s information
password is generated via the User's Digipass systems and recognised as coming from this
after entering into the Digipass the hash code User) , as defined in points 12.2.2, 12.2.3,
provided by the Home'Bank services for the 12.2.4 and 12.2.5 of these General Terms and
Transaction concerned and the personal and Conditions, meets the conditions for liability
confidential PIN associated with the Digipass and content integrity linked to a signature
and chosen by the User. After being encoded within the meaning of Article 1322, paragraph
and authenticated in the Home’Bank services, 2, of the Belgian Civil Code and that the Order
this single-use password is recorded by the bearing this electronic signature has the same
Bank so that it can be authenticated. The evidential value as a written Order with an
Customer acknowledges that the single-use identical content bearing the handwritten
password encoded and validated by someone signature of the User, and binds the Customer
in the Home'Bank services after using the as such. Provided that the User’s electronic
means of signature as described above, as signature has been authenticated by ING’s
recorded by the Bank, represents the information systems and recognised as coming
electronic signature of one of his Users who is from the User, the Customer accepts that all of
holder of the Digipass concerned or, if he is a the Orders signed electronically by the User
User and holder of the Digipass concerned, of and received by ING through the Home'Bank
the Customer himself, provided that this services constitute due and adequate proof of
electronic signature is authenticated by ING's his agreement to the existence and contents of
information systems and, more specifically, the Order concerned, as well as of the
recognised by these systems as coming from contents of the Order as sent by the User
the User and the use of his Digipass is valid matching the contents of the Order as received
by ING.
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12.3. Phone’Bank services encoding and validation by a person of the PIN
chosen by the user. The result of this activation
12.3.1. In the context of Phone'Bank services, is recorded in a single file. The customer
any Order is signed electronically by a User acknowledges that this file, resulting from the
using the Phone'Bank means of signature, as use by a person of the aforementioned
may be provided by ING, according to the signature means, constitutes the electronic
options offered by ING, and by those selected signature of one of his/her users who is a
by the User himself (such as a secret code holder of the Security File in question, or if
and/or any other confidential authentication he/she is the user and holder of the Security
code known only to the User, according to the File in question, of him-/herself, provided that
options offered by ING). this electronic signature is validated by ING’s
computer systems and recognised by these
12.3.2. The Customer accepts that the systems as being from the user, and that
recordings of Users' telephone conversations his/her certificate is valid and has not been
have evidential value with regard to their revoked.
content, including Orders issued by telephone.
12.4.3. By derogation from points 12.4.1 and
12.3.3. The Customer acknowledges that the 12.4.2 of these General Terms and Conditions,
file resulting from the entry by the User of the for certain orders executed using the Mobile
secret code selected by the User constitutes Banking services specified in the Technical
the User's signature and that the Order bearing Documentation relating to the use of
this signature has the same evidential value as Phone’Bank/Home’Bank/Mobile Banking
a written Order with an identical content services (for instance, payment orders in
bearing the handwritten signature of the User, favour of other accounts of which the customer
and binds the Customer as such. Provided that is the holder or agent), the customer
the User’s electronic signature has been acknowledges that simple validation of the
authenticated by ING ’s information systems order, without recourse at this time to the
and recognised as coming from the User, the Mobile Banking services signature means, by a
Customer accepts that all Orders signed person duly authenticated beforehand as a
electronically by the User and received by ING user, in accordance with point 5.4 of these
through the Phone'Bank services constitute General Terms and Conditions, via his/her
due and adequate proof of his agreement to means of access when accessing Mobile
the existence and contents of the Order Banking services, constitutes the electronic
concerned, as well as of the contents of the signature of said user who is a holder of the
Order as sent by the User matching the Security File in question, or if he/she is both
contents of the Order as received by ING. user and holder of the Security File in question,
of him-/herself, provided that these means of
12.4. Mobile Banking services access are validated by ING’s computer
systems, and more specifically, that they are
12.4.1. In connection with Mobile Banking recognised by these systems as being from the
services, all orders are signed electronically by user, and that his/her certificate is valid and
a user with the signature means of the Mobile has not been revoked.
Banking services that may be made available
by ING (such as a Security Module, in 12.4.4. For all Transactions carried out in the
accordance with the possibilities offered by context of the Mobile Banking services, the
ING) and those chosen, depending on the Customer accepts that each User’s electronic
possibilities offered by ING, by the user him- signature (authenticated by ING’s information
/herself (such as a PIN and/or any other systems and recognised as coming from the
authentication code that is strictly personal to User) , as defined in points 12.4.2 or 12.4.3 of
the user and confidential, in accordance with these General Terms and Conditions, meets
the possibilities offered by ING). the conditions for liability and content integrity
linked to a signature within the meaning of
12.4.2. In the event of using the Security Article 1322, paragraph 2, of the Belgian Civil
Module, with a view to the electronic signature Code and that the order replete with said
of an order, the private key contained in the signature has the same evidential value as a
Security File the user created during the profile written Order with an identical content bearing
creation procedure is activated by the the handwritten signature of the User, and
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binds the Customer as such. Provided that the interest rates and ING bank savings
User’s electronic signature has been certificates, etc.) published by ING and
authenticated by ING’s information systems available, inter alia, at all ING branches and/or
and, more specifically, recognised as coming via the Phone’Bank/Home’Bank/Mobile
from the User, the Customer accepts that all Banking information services or, with regard to
Orders entered pursuant to the User's products and services provided by another ING
electronic signature and received by ING Group company in Europe, in the scales of
through the Mobile Banking services constitute charges published by this company and
due and adequate proof of his agreement to available, inter alia, at this company and/or via
the existence and contents of the Order the Phone’Bank/Home’Bank/Mobile Banking
concerned, as well as of the contents of the services. These scales of charges as
Order as sent by the User matching the published are only valid on the date on which
contents of the Order as received by ING. they are provided. They do not constitute an
offer to enter into a contract from ING or other
13. FEES AND CHARGES – VALUE ING Group companies in Europe unless they
DATES are sent to the Customer in a subscription form
for the product or service concerned.
13.1. The scales of charges applicable to the
use of the Phone’Bank/Home’Bank/Mobile 13.3. Subject to any application of a separate
Banking services are given in the scales of scale of charges for automated Transactions,
charges for the main banking transactions the execution of Transactions pursuant to
published by ING and available, inter alia, at all Orders issued via the
ING branches and via the Phone’Bank/Home’Bank/Mobile Banking
Phone’Bank/Home’Bank/Mobile Banking services remains subject to the fees applicable
information services. to these Transactions.
They are also provided to the Customer prior 13.4. The Customer authorises ING to
to the conclusion of the Phone’Bank, automatically debit the reference account
Home’Bank and/or Mobile Banking Agreement. designated in the
These scales of charges as published are only Phone’Bank/Home’Bank/Mobile Banking
valid on the date on which they are provided. Agreement with all of the fees, applicable in
accordance with the prevailing scale of
They do not constitute an offer to contract from charges for use of the
ING unless they are sent to the Customer in a Phone'Bank/Home'Bank/Mobile Banking
subscription form for the Phone'Bank, services.
Home'Bank and/or Mobile Banking services. If the reference account is closed, the
These scales of charges may stipulate, for the Customer should notify ING Belgium of
use of the Phone’Bank/Home’Bank/Mobile another reference account. Failing this,
Banking services, payment of annual fees, another reference account from which the
which shall then be payable when ING aforementioned fees are to be debited
activates the Phone’Bank, Home’Bank and/or automatically shall be automatically designated
Mobile Banking services and subsequently on by ING, as it deems appropriate. In this case,
each anniversary date. the Customer is informed accordingly by a
notice included in the account statements and
13.2. The scales of charges for banking, has two months from this notice being made
financial or insurance products and services available to notify ING of another reference
available via the account. If the Customer does not inform ING
Phone’Bank/Home’Bank/Mobile Banking of such an account within the aforementioned
services and, more specifically, the charges for period, the aforementioned fees shall, as from
Payment Transactions and Transactions expiry of this period, automatically be debited
involving financial instruments available via from the reference account automatically
these services, are mentioned either, with designated by ING, without prejudice to the
regard to products and services provided by Customer's right to request a change to his
ING, in the scales of charges (scales of reference account subsequently.
charges for the main banking transactions for
individuals or legal entities, scales of charges In addition, with regard to Transactions carried
for the main transactions involving securities, out using the Home'Bank, Phone'Bank and/or
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Mobile Banking services, the Customer 14.1. Home'Bank/Mobile Banking software
authorises ING to automatically debit, unless
another method of payment has expressly 14.1.1. For the duration of this Agreement, the
been made available by ING and chosen by User is granted a strictly personal, non-
the Customer, any fees for these Transactions exclusive and non-transferable licence to use
from the account on which the Transaction is the Home'Bank/Mobile Banking Software in its
carried out. readable object code version in his IT System
(Apple or other). However, no property or
In both such cases, the Customer undertakes intellectual rights are transferred to the User.
to ensure that his account has sufficient This licence only entitles the User to install the
covering funds on the debit date. Home'Bank/Mobile Banking Software on all the
IT Systems (Apple or other) to which the User
13.5. The costs of telephone communications has access and to operate it in accordance
(including those associated with calls to the with its purpose as laid down in the
ING Contact Centre Help Desk) and, if Agreement.
appropriate, the costs associated with the
acquisition, installation and operation of 14.1.2. Any permanent or temporary
computer, telephone or other equipment and reproduction of the Home'Bank/Mobile Banking
software, as well as access to and use of the Software, in part or in whole, by any means
electronic communications networks in order to and in any form whatsoever, any translation,
access and use the Phone’Bank, Home’Bank adaptation, arrangement, any other
and/or Mobile Banking services shall be paid transformation and any correction of the
by the Customer or User. Home'Bank/Mobile Banking Software, as well
as the reproduction of the computer
13.6. If the Customer is the beneficiary of a programme resulting therefrom, are subject to
Payment Transaction, the credit value date is prior written authorisation from ING.
the bank business day when the amount of the
Transaction is received by the Bank. If the However, the User may perform operations of
funds are received outside a bank business loading, display, switching, transmission or
day, the value date is the following bank storing the Home'Bank/Mobile Banking
business day. Software necessary to enable the User to use
the Home'Bank/Mobile Banking Software in
If the Customer or User is the principal for a accordance with its purpose. The reproduction
Payment Transaction, the debit value date of the code or the translation of the form of the
corresponds to the time when the amount of code of the Home'Bank/Mobile Banking
the Transaction is debited from the account. Software is subject to prior written
authorisation from ING, even if these actions
14. USER LICENCE FOR THE are essential for obtaining the information
HOME’BANK / MOBILE BANKING necessary for the interoperability of the
SOFTWARE AND HOME’BANK / MOBILE Home'Bank/Mobile Banking Software with
BANKING DATABASE third-party software. The user may access the
said information at ING. Without prejudice to
Without prejudice to the provision of the the foregoing, the source codes of the
Home'Bank/Mobile Banking services to the Home'Bank/Mobile Banking Software shall not
User as provided for in the Agreement, ING or be communicated to the User.
the person who has granted the rights of use to
ING reserves, as appropriate, the ownership of 14.1.3. The provisions of this point 14.1 apply
all property rights and all of the intellectual not only to the Home'Bank/Mobile Banking
property rights (including the rights of use) for Software in its entirety, but also to all of its
both the Home'Bank/Mobile Banking Software components.
and the Home'Bank/Mobile Banking Database,
as well as all of the components, including but 14.2. Home'Bank/Mobile Banking database
not limited to, texts, illustrations and other
elements appearing in the Home'Bank/Mobile 14.2.1. For the duration of this Agreement, the
Banking Software and/or in the User is granted a strictly personal, non-
Home'Bank/Mobile Banking Database. exclusive and non-transferable licence to use
the Home'Bank/Mobile Banking Database.
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However, no property or intellectual rights are 16. USER MESSAGES
transferred to the User. This licence provides
only the right to access the Home'Bank/Mobile Any message from the User containing data,
Banking Database from all computers to which questions, comments, ideas and suggestions,
the User has access, and to operate it in sent to ING by e-mail (to the following address:
accordance with its purpose as laid down in info@ing.be) or by any other means, shall not
the Agreement. be considered as confidential, subject to ING’s
duty of discretion in the context of its banking
14.2.2. Any extraction and/or reuse of the activity and of respect of the User’s rights as
entirety or a qualitatively or quantitatively recognised by law, particularly those deriving
substantial portion of the content of the from data protection legislation. Subject to
Home'Bank/Mobile Banking Database is compliance with the same reservations, within
strictly prohibited. five years from the time it is sent and without
any compensation whatsoever, any message
Similarly, repeated and systematic extractions may be reused, copied in whole or in part,
and/or reuse of insubstantial portions of the amended and transmitted by ING, in any form
content of the Home'Bank/Mobile Banking whatsoever, by any means and for any
Database are not authorised when they are not purposes, within the European Union.
consistent with normal use of the
Home'Bank/Mobile Banking Database or
cause unwarranted harm to the legitimate 17. AVAILABILITY OF THE HOME’BANK
interests of ING. ON-LINE, PHONE’BANK AND MOBILE
BANKING SERVICES
14.3. Brands, names and logos
17.1. Insofar as it is able, and in accordance
The registered or non-registered brands, with the limitations laid down in this
names and logos contained in the Agreement, ING shall endeavour to make the
Home'Bank/Mobile Banking Software and Home'Bank Online and Mobile Banking
Home'Bank/Mobile Banking Database are the services accessible 24 hours a day, 7 days a
exclusive property of ING or the other ING week.
Group companies in Europe and may not be
reproduced without the express prior 17.2. Insofar as it is able and in accordance
agreement of ING or the other ING Group with the same limitations, ING shall endeavour
companies in Europe concerned. to make Phone'Bank automated services
accessible 24 hours a day, 7 days a week, and
Phone'Bank personalised services accessible
15. HYPERTEXT LINKS FROM THE during the business hours communicated to
HOME’BANK / MOBILE BANKING the Customer in the Technical Documentation
SERVICES on use of the Phone'Bank/Home'Bank/Mobile
Banking services.
Except in the event of gross negligence or
deliberate transgression of duty on their part, 17.3. However, ING does not undertake to
ING and the other ING Group companies in provide continuous, uninterrupted and secure
Europe do not provide any guarantee or accept access to the Home'Bank Online, Phone'Bank
any responsibility for hypertext links created and/or to Mobile Banking services.
from the Home'Bank/Mobile Banking services
to third-party websites, or with regard to the Moreover, ING reserves the right, without
content of these websites. These websites are being obliged to compensate the Customer, to
accessed solely at the risk of the User, who is suspend access to all or some of the
well aware that these websites may be subject Home'Bank Online, Phone'Bank and/or Mobile
to other conditions of use, other provisions as Banking services temporarily at any time and,
regards protection of privacy and/or other rules in emergencies, without prior notice, to any
in general than those which apply to the User in order to carry out maintenance
Home'Bank/Mobile Banking services. ING and operations, to make improvements or changes
the other ING Group companies in Europe are to the Home'Bank Online, Phone'Bank and/or
not responsible for these websites complying Mobile Banking services or to resolve any
with the legislation and regulations in force.
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technical incidents or deficiency in ING's time as it is terminated. Once activated, the
information or telecommunications systems. Phone'Bank/Home'Bank/Mobile Banking
ING shall inform the Customer by any means it services shall remain activated for an indefinite
deems appropriate of such suspension and the period until such time as they are deactivated,
reasons therefore, if possible before the that is, when access to the services ceases.
suspension, otherwise immediately thereafter,
unless providing this information is prevented 18.2. The Customer may terminate the
by security reasons adequately explained or Phone'Bank/Home'Bank/Mobile Banking
prohibited under applicable legislation. ING Agreement and/or deactivate the
shall do its best to limit the duration of such Phone'Bank/Home'Bank/Mobile Banking
suspension and to inform Users of the duration services, for himself and/or his Users, at any
thereof by any means that ING deems time, without penalty and without stating his
appropriate. grounds. Users designated as agents in the
"Management Authority" documents or in the
Moreover, each Party shall take all necessary various mandate forms that ING provides as
measures, within its capabilities and means, to an Annex to the
stop any technical incident or deficiency in Phone’Bank/Home’Bank/Mobile Banking
Home'Bank Online and/or Mobile Banking Subscription Contract, with the exception of
services as soon as possible. duly authorised representatives and agents,
may also deactivate only their own
Without prejudice to its right to additional Phone’Bank/Home’Bank/Mobile Banking
compensation for any damages, ING also services at any time, without penalty and
reserves the right to block access, at any time, without stating their grounds. ING must be
to all or some of the Home'Bank Online, notified of termination or deactivation in writing;
Phone'Bank and/or Mobile Banking services to ING shall endeavour to take account of the
any User for reasons adequately explained notification as soon as it is received, but may
and regarding the security of the services not be held liable in this regard before the end
and/or means of access and signature for the of the second bank business day following the
services, or in the event of a presumed receipt of the written notice of termination
unauthorised or fraudulent use thereof and/or signed by the Customer. If the Customer
of the means of access and signature for the wishes this termination or deactivation to have
services. If ING avails itself of this right, it shall immediate effect with regard to use of the
inform the Customer or User accordingly by Phone'Bank/Home'Bank/Mobile Banking
letter, a notice included in the account services, he must follow the special procedure
statements or in any other way ING deems for blocking the means of access and signature
appropriate according to the circumstances set out in these General Terms and Conditions
and if possible before the access is blocked, in conjunction with the termination and
otherwise immediately thereafter, unless deactivation procedure.
providing this information is prevented by
security reasons adequately explained or However, the Agreement may only be
prohibited under applicable legislation. ING terminated subject to simultaneous closure of
shall restore access to the blocked service(s) the accounts and termination of the contracts
when the reasons for the block cease to apply. with ING and other ING Group companies in
Europe that may be accessed via the
Phone'Bank/Home'Bank/Mobile Banking
18. TERM OF THE AGREEMENT - services and which, if appropriate, may be
DEACTIVATION OF THE PHONE’BANK / managed via these services. Otherwise, it is
HOME’BANK / MOBILE BANKING only possible to deactivate the
SERVICES AND TERMINATION OF THE Phone’Bank/Home’Bank/Mobile Banking
AGREEMENT services for the Customer himself and/or his
Users, without prejudice to the requirement to
18.1. The Phone'Bank/Home'Bank/Mobile follow the procedure for blocking the
Banking Agreement shall enter into effect on Phone'Bank/Home'Bank/Mobile Banking
the day of acceptance of the means of access and signature in accordance
Phone'Bank/Home'Bank/Mobile Banking with the provisions of point 6.4 or 6.6. of these
Agreement by the Parties and shall be General Terms and Conditions.
concluded for an indefinite period until such
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The Technical Documentation on use of the applicable, ING or any other ING Group
Phone'Bank/Home'Bank/Mobile Banking company in Europe may, at any time and
services may, if appropriate, specify other without notice, terminate the Agreement or
terms, conditions or procedures for suspend execution of all or part thereof and/or
deactivating the deactivate, for the Customer himself and/or its
Phone'Bank/Home'Bank/Mobile Banking Users, the Phone’Bank/Home’Bank/Mobile
services. The Customer undertakes to comply Banking services if the Customer seriously fails
with these terms, conditions and procedures in to honour his commitments towards ING or
any event. another ING Group company in Europe
concerned or is in a state of insolvency,
Deactivation of the Phone’Bank/Home’Bank becomes bankrupt, enters into an arrangement
and/or Mobile Banking services also implies with creditors, is put into receivership or is
cancellation of the subscription to the subject to similar proceedings, without
Phone’Bank/Home’Bank and Mobile Banking prejudice to the right of ING or any other ING
services concerned, as appropriate. In Group company in Europe to claim additional
addition, deactivation of the Home’Bank damages and interest.
services or cancellation of the Home’Bank
subscription shall automatically result in In addition, ING may, at any time and without
deactivation of the Mobile Banking services or notice, terminate the Agreement and/or
cancellation of the subscription to the Mobile deactivate, for the Customer himself and/or his
Banking services, but not vice versa. Users, the Phone’Bank/Home’Bank/Mobile
Banking services in the event of the end of
If the Customer or his Users subsequently wish contractual relations covering the products and
to reactivate the services available via the
Phone'Bank/Home'Bank/Mobile Banking Phone’Bank/Home’Bank/Mobile Banking
services, he is obliged to notify ING in advance services between the Customer and ING and
in accordance with the terms, conditions and between the Customer and any other ING
procedures specified in the Technical Group company in Europe.
Documentation on use of the
Phone'Bank/Home'Bank/Mobile Banking In any event, however, the Agreement may
services or in another way, at ING's discretion. only be terminated by ING or any other ING
Group company in Europe subject to the
18.3. Both ING and any other ING Group simultaneous closure of the accounts and
company in Europe may terminate the termination of the contracts with ING and other
Phone'Bank/Home'Bank/Mobile Banking ING Group companies in Europe that may be
Agreement and/or deactivate the accessible via the
Phone'Bank/Home'Bank/Mobile'Bankng Phone’Bank/Home’Bank/Mobile Banking
services at any time, for the Customer himself services and which, if appropriate, may be
and/or his Users, without stating its grounds, managed by these services. Otherwise, it is
subject to two months' notice to this effect by only possible to deactivate, for the Customer
post or on any other durable medium. himself and/or his Users, the
Termination by ING ends this Agreement with Phone’Bank/Home’Bank/Mobile Banking
regard not only to its relationship with the services, without prejudice to the procedure for
Customer, but also in the context of the blocking the Phone’Bank/Home’Bank/Mobile
relationships between the Customer and the Banking means of access and signature in
other ING Group companies in Europe, accordance with point 7.4. of the General
whereby ING acts for and on behalf of such Terms and Conditions or suspension of access
companies. Termination by another ING Group to the Phone’Bank/Home’Bank/Mobile Banking
company in Europe ends the Agreement with services in accordance with point 17.3. of the
regard only to its relationship with the General Terms and Conditions.
Customer, but not with regard to relationships
between the Customer and ING and between Furthermore, the above provisions are
the Customer and the other ING Group understood to be without prejudice to point
companies in Europe. 17.3 and legal provisions requiring the Bank to
take specific steps in exceptional
In addition, without prejudice to any mandatory circumstances.
statutory provisions or public policy orders
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Similarly, destroy the old smart card as soon
18.4. In the event of termination of the as you receive a new one, and return the old
Agreement or deactivation of the Digipass to your bank if it can no longer be
Phone’Bank/Home’Bank/Mobile Banking used or as soon as you receive a new one.
services, the Customer acting as a Consumer
in the meaning of Article 1.2, 13) of these • Keep your Security File and/or Digipass
General Terms and Conditions is entitled to and/or smart card on you or in a secure place.
reimbursement of the annual fee, if any, Never leave it (them) in a car or place that can
referred to in 13.1 proportionally to the be accessed by third parties (for example, a
remaining term, as from the month following gym or your workplace), unless it is (they are)
that in which the Agreement was terminated or kept in a secure cabinet or safe.
the services deactivated.
• Only use your Security File and/or Digipass
and/or smart card for the functions for which it
18.5. In the event of termination of the has (they have) been provided.
Agreement or deactivation of the
Phone’Bank/Home’Bank/Mobile Banking Specific advice concerning the Phone’Bank
services, the Customer remains obliged to secret code, Home’Bank password (and/or
honour the Transactions pursuant to an Order Digipass or smart card PIN) or Mobile
issued via the Phone’Bank/Home’Bank Banking PIN:
services before termination of the Agreement.
• Memorise your Phone'Bank secret code
and/or your Home'Bank password (and
Annex: SECURITY ADVICE FOR
Digipass or smart card PIN) as soon as you
ACCESS AND’USE OF THE receive it/them and immediately destroy the
PHONE’BANK / HOME’BANK / MOBILE notice in which it was (they were) sent to you.
BANKING SERVICES If you received your Phone'Bank secret code
by mail, change it as soon as possible.
General security advice concerning the Also memorise your Mobile Banking PIN as
Phone’Bank/Home’Bank/Mobile Banking soon as it has been generated, and do not
services write it down anywhere.
• Print out and keep the confirmations of your • When you choose your Phone'Bank secret
Transactions carried out via Home'Bank and code, your Home'Bank password (and/or
Mobile Banking. Also keep the electronic or Digipass or smart card PIN) and/or your Mobile
written confirmations of the execution or non- Banking PIN, avoid combinations that are too
execution of your Transactions. obvious (for example, part of your birth date,
your town's postcode, the first four digits of
• Always check your account statements as your phone number, your surname or first
soon as you receive them. Notify your bank name or that of a family member, etc).
immediately of any anomalies.
• Choosing the same PIN or password for all of
• When using Home’Bank services, make sure your cards and/or all of your means of access
you use the latest firewall, malware (such as and signature involves obvious risks.
spyware) and antivirus software, have them
permanently enabled, and update them • Your Phone'Bank secret code, your
regularly. Home'Bank password (and/or Digipass or
smart card PIN) and/your Mobile Banking PIN
• Make sure not to jailbreak your Apple IT must remain secret: do not divulge it (them) to
system (i-Pad, i-Phone, i-Pod). anyone, not even a family member or friend,
and certainly not to a supposedly well-
Specific advice concerning the Security File intentioned third party.
and/or Digipass and/or smart card for
Home'Bank services: No-one has the right to ask you for your
Phone'Bank secret code, Home'Bank
• Destroy the Security File and/or the smart password (and/or Digipass or smart card PIN)
card when it expires or can no longer be used. and/or Mobile Banking PIN. This includes your
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bank (except for requests for encryption via the Likewise, always create and/or enter your
secure Phone’Bank/Home’Bank/Mobile Mobile Banking PIN away from prying eyes.
Banking services), the police and insurance
departments, in any form whatsoever. • Always ensure that you cannot be observed
unwittingly, for example, by using your hand to
Therefore, never give your secret code, shield the telephone, iPad, iPhone or iPod
password and/or PIN via e-mail, over the keypad or computer keyboard. Do not allow
Internet (where requested by e-mail) or anyone to distract you and, if this is the case,
telephone, for example, without being certain never enter your Phone'Bank secret code,
of sending them to your bank via the secure Home'Bank password (and/or Digipass or
Phone’Bank/Home’Bank/Mobile Banking smart card PIN) and/or Mobile Banking PIN. If
services. you become aware of unusual circumstances,
inform your bank immediately in accordance
Be on your guard for fraudsters and inform with Article 6.4 of the General Terms and
your bank immediately if you notice any Conditions.
unusual circumstances.
• If you have good reason to believe that your
• Do not write down your Phone'Bank secret Phone’Bank secret code, Home’Bank
code, Home'Bank password (and/or Digipass password (and/or Digipass or smart card PIN)
or smart card PIN) and/or Mobile Banking PIN and/or Mobile Banking PIN is (are) no longer
anywhere, even in coded form, for example, by confidential, change it (them) immediately. If
disguising it (them) as a fake telephone you are not able to change your Phone'Bank
number. secret code, Home'Bank password (and/or
Digipass or smart card PIN) and/or Mobile
• Use the Phone'Bank, Home'Bank and/or Banking PIN, alert your bank immediately in
Mobile Banking services in places where accordance with Article 6.4 of the General
discretion is guaranteed. Always enter your Terms and Conditions.
Phone'Bank secret code and/or your
Home'Bank password (and/or Digipass or
smart card PIN) away from prying eyes.
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APPENDIX 2: THE “ING ZOOMIT" SERVICE OF THE HOME’BANK
SERVICES REGULATIONS
Version April 2010
1. Purpose of the "ING Zoomit service" The Issuer: the legal or natural person which
Regulations has concluded an "Issuer" contract with Isabel
for the Isabel Zoomit service, which is the
The purpose of the ING Zoomit service Issuer of Electronic Documents and which
Regulations (hereafter the "Regulations") is to makes these available, in whole or in part, to
describe the Isabel Zoomit service offered by the Main Recipient, and where appropriate, the
ING, within the scope of ING's Home'Bank Secondary Recipient, the Authorised User or
services, under the name "ING Zoomit", as another User via the ING Zoomit service.
well as to determine the rights and obligations
of the Client, the User and ING within the The full list of Issuers is available at the
scope of said service. website www.zoomit.be.
2. Terminology used in these regulations The Recipient: the User (natural person(s)) of
the Home'Bank services,
1. The definitions indicated in Article 1.2 of
the "Phone'Bank/Home'Bank Services General - acting and subscribing to the ING Zoomit
Terms and Conditions" (appended to ING’s service as a Client, in their own name and on
General Regulations) apply to these their own behalf,
Regulations. - and/or acting for, and subscribing to, the ING
Zoomit service, where appropriate, as a body
For the application of these Regulations, the or agent, i.e. acting in the name of and on
term "Transaction", defined in Article 1.2 of the behalf of the (Client) natural or legal
"Phone'Bank/Home'Bank Services General person(s)), who may have appointed him/her
Terms and Conditions" must be understood as as a User, in accordance with the Phone'Bank
the consultation of Electronic Documents using and Home'Bank Services General Terms and
the ING Zoomit service. Conditions, and who may have authorised it to
use Home'Bank services in their name and on
2. In addition to these definitions, the following their behalf,
terminology is used in these Regulations: - and for whom the Electronic Documents
available via the ING Zoomit service are
The ING Zoomit service: all services offered effectively intended.
by ING under the name ING Zoomit and
described in Article 4 of these Regulations. The Main Recipient: the User (natural
person(s)) of the Home'Bank services,
An Electronic Document: any electronic
document, which may or may not contain - acting and subscribing to the ING Zoomit
financial data (e.g. invoices, credit notes, service as a Client, in their own name and on
payslips, direct debit instructions, etc.) issued their own behalf,
by an Issuer and made available via the ING - and/or acting for, and subscribing to, the ING
Zoomit service, in whole or in part, to the Main Zoomit service, where appropriate, as a body
Recipient and, where appropriate, the or agent, i.e. acting in the name of and on
Secondary Recipient, of the Authorised User or behalf of the (Client) natural or legal
another User, in accordance with the person(s)), who may have appointed him/her
provisions laid down in these Regulations. as a User, in accordance with the Phone'Bank
and Home'Bank Services General Terms and
Electronic Documents contain, where Conditions, and who may have authorised it to
appropriate, payment orders for which the use Home'Bank services in their name and on
execution request (by transfer), pre-completed their behalf,
by ING with data from Electronic Documents - and for whom the Electronic Documents
communicated by the Issuer, can be carried available via the ING Zoomit service are
out via the ING Zoomit service. intended following a successful Compliance
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Test, in accordance with the provisions of
these Regulations. The Compliance Test is carried out by Isabel
when a User asks to consult an Electronic
The Secondary Recipient: the User (natural Document made available via the ING Zoomit
person(s)) of the Home'Bank services who service.
accesses and uses the ING Zoomit service in
the name of and on behalf of the Client The Basic Compliance Test: the comparison
authorised by the Main Recipient, in carried out by Isabel between, firstly, ING
accordance with Article 6.1 of these Client account numbers communicated to
Regulations, to consult, via the ING Zoomit Isabel by ING and, secondly, the account
service, the Issuer's Electronic Documents numbers of those natural or legal persons
intended for the Main Recipient and made communicated to Isabel by the Issuers of the
available via the ING Zoomit service in Electronic Documents.
accordance with the provisions of these
Regulations. The Basic Compliance Test is carried out
systematically by Isabel whenever a User
The Authorised User: the User (natural accesses the Home'Bank services, even in the
person(s)) of the Home'Bank services who absence of a request by said User to consult
accesses and uses the ING Zoomit service in an Electronic Document made available via the
the name of and on behalf of the Client ING Zoomit service.
authorised by the Main Recipient, in
accordance with Article 7.4 of these 3. Applicable legal framework
Regulations, to consult, via the ING Zoomit
service, the Issuer's Electronic Documents 1. These Regulations supplement ING's
intended for the Main Recipient and made "General Regulations" and ING's
available via the ING Zoomit service in "Phone'Bank/Home'Bank Services General
accordance with the provisions of these Terms and Conditions" (appended to ING’s
Regulations. General Regulations), as well as the "Special
Regulations for Payment Transactions", and
Isabel: Isabel, boulevard de l’Impératrice 13- are an integral part of the Home'Bank
15, 1000 Brussels, Brussels RPM/RPR, VAT Agreement signed in the name of and on
BE 0455.530.509. Isabel SA, is a third behalf of the Client.
company, acting as an Internet service
provider and the Isabel Zoomit service Moreover, the technical documentation relating
(including as regards the execution of the to the use of ING Zoomit supplements the
Compliance Test), which the Parties call on to Technical Documentation relating to the use of
supply the ING Zoomit service and, within this the Phone'Bank/Home'Bank services and is an
framework, transmit secure electronic data. integral part of the Home'Bank Agreement
Isabel acts as a subcontractor both in the signed in the name of and on behalf of the
name of and on behalf of the Issuers and ING. Client.
Compliance Test: the comparison carried out 2. Except insofar as these Regulations
by Isabel between, firstly, ING Clients' first expressly derogate therefrom, the provisions of
names, surnames and account numbers the "Phone'Bank/Home'Bank Services General
communicated to Isabel by ING and, secondly, Terms and Conditions", ING's "General
the first names, surnames and account Regulations" and ING's "Special Regulations
numbers of the natural or legal persons for Payment Transactions" fully apply to the
communicated to Isabel by the Issuers of ING Zoomit service.
Electronic Documents, with a view to making
available to the Main Recipient and, where Accordingly, unless expressly stipulated
appropriate, the Secondary Recipient via the otherwise in these Regulations, the Main
ING Zoomit service, those Electronic Recipient or, where appropriate, the
Documents concerning the Main Recipient in Secondary Recipient, the Authorised User or
the event of compliance between first names, another User may access and use the ING
surnames and account numbers, in Zoomit service under the same conditions and
accordance with the provisions of these according to the same procedures as those
Regulations. defined in the Phone’Bank/Home’Bank
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Services General Terms and Conditions. Through the ING Zoomit service, the Main
Furthermore, unless expressly stipulated Recipient and, where appropriate, the
otherwise in these Regulations, the rights and Secondary Recipient or the Authorised User
obligations of each party (in particular in terms can also request the execution of payment
of security) as well as their liabilities with orders linked to the Electronic Documents
regard to access and use of the ING Zoomit made available to them by the ING Zoomit
service, specifically in the event of theft, loss, service, in accordance with the provisions of
misappropriation or unauthorised use of the these Regulations. Payment instruction
means of access and use of the Home'Bank execution requests are, in this case, pre-
service, proof of consultation, maintenance completed by ING using data from the
and availability of the ING Zoomit service are Electronic Documents sent by the Issuer.
governed by the of the
Phone'Bank/Home'Bank Services General ING only accepts an obligation of means which
Terms and Conditions. is strictly limited to making Electronic
Documents available via the ING Zoomit
3. Except insofar as the technical service (including as regards the execution of
documentation relating to the use of ING the Compliance Test) and to the prior
Zoomit expressly derogates therefrom, the completion of payment instruction execution
provisions of these Regulations, of the requests.
Technical Documentation relating to the use of
the Phone'Bank/Home'Bank services, of the Consequently ING cannot guarantee that the
"Phone'Bank/Home'Bank Services General Electronic Documents will be available in a
Terms and Conditions", ING's "General continuous, secure and uninterrupted manner
Regulations" and ING's "Special Regulations via the ING Zoomit service.
for Payment Transactions" apply fully to the
ING Zoomit service. ING calls on the services of Isabel to offer the
ING Zoomit service, whereby Isabel acts as
4. Purpose of the ING Zoomit service and ING's subcontractor.
liability of the parties
ING does not represent Issuers in any way and
1. The ING Zoomit service is an integral part of does not guarantee either their solvency or
ING's Home'Bank services as defined in Article their worthiness.
2.3 of the Phone’Bank/Home'Bank Services More information about the ING Zoomit service
General Terms and Conditions. (including as regards the Compliance Test)
can be obtained online at the
With the ING Zoomit service, the Main www.ing.be /Zoomit website.
HU UH
Recipient and, where appropriate, the
Secondary Recipient, the Authorised User or 2. All Issuers other than ING or Isabel remain
another User can, when necessary, consult in solely liable, with the exception of ING or
a secure manner and in accordance with the Isabel, for the decision to make available
provisions of these Regulations, all or part of Electronic Documents which they have issued
the Electronic Documents made available by and which are made available via the ING
Issuers which are linked to the financial data of Zoomit service, as well as the time, form,
the Main Recipient as held by ING. frequency and duration for which said
Electronic Documents are made available,
The Electronic Documents are stored on the along with their content (including accuracy,
Issuers' server or on that of a third party precision error-free nature, exhaustiveness,
designated by the Issuer and are made quality, and updating), save serious or
available, in full or in part, to the Main deliberate error on the part of ING or Isabel.
Recipient and, where appropriate, to the
Secondary Recipient, the Authorised User or They alone are free, with the exception of ING
another User, via the ING Zoomit service by or Isabel, to change the time, form, frequency,
automatic inclusion, following the successful duration and content of the Electronic
conclusion of the Basic Compliance Test, of a Documents they have issued, even after they
note on the account in question to which the have been made available via the ING Zoomit
Electronic Document in question is linked via a service, where appropriate according to the
secure hyperlink. procedures defined in the contract concluded
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between the Recipient and the Issuer in Neither ING nor Isabel can provide any
accordance with Article 5 of these Regulations. guarantee whatsoever, nor can they accept
any liability except in the event of grave
Any disputes or complaints relating to the time, misconduct or deliberate error on their part, as
form, frequency, duration of availability, and regards the hyperlinks via which the Electronic
contents of Electronic Documents as well as Documents are communicated by Issuers
any lack of availability of said Electronic other than ING or Isabel, and in terms of
Documents must be handled directly with the servers and/or websites, in particular their
Issuer in question. content or their security, to which said
hyperlinks are associated and on which such
3. Electronic Documents from any sources Electronic Documents are stored. Accessing
external to ING and Isabel, i.e. from Issuers and using these websites and/or servers of
other than ING or Isabel, are made available, Issuers other than ING or Isabel or third parties
in whole or in part, to the Main Recipient and, appointed by them, is solely at the risk of the
where applicable, the Secondary Recipient, the User. The latter is well aware that such
Authorised User or another User by ING websites and/or servers may offer a level of
faithfully via the ING Zoomit service, without security which is different to that of the
appraisal or checking on the part of ING or Home'Bank services and which is subject to
Isabel. other conditions of use, to other provisions in
terms of privacy and/or generally speaking,
They are made available via the ING Zoomit other rules than those which are applicable to
service by hyperlinks which are communicated the Home'Bank services.
to the User faithfully by ING with the data
communicated by the Issuer, without appraisal Neither ING nor Isabel is liable for the respect
or checking on the part of ING or Isabel. by Issuers other than ING or Isabel of the
Likewise, any payment instruction execution legislation and regulations in force, except in
requests linked to such Electronic Documents the event of grave misconduct or deliberate
are faithfully completed beforehand by ING via error on their part. In this respect, they are
the ING Zoomit service with data specifically not liable for the content of
communicated by the Issuer, without appraisal Electronic Documents insofar as they have no
or checking on the part of ING or Isabel. effective knowledge of any illicit information or
activity relating to said Electronic Documents
or with respect to civil damages proceedings,
Any Electronic Document from Issuers other deeds or circumstances which could highlight
than ING or Isabel, including data from the illicit content of the activity or information.
payment instructions linked to such Electronic
Documents which are completed beforehand in ING undertakes to act promptly as soon as it
payment instruction execution requests, as becomes aware of such knowledge or as soon
well as hyperlinks to which the Electronic as it is contacted by an administrative or legal
Documents are linked, are made available authority, to remove the hyperlink to which the
without any guarantee on the part of ING or Electronic Documents concerned are linked or
Isabel, nor any liability for the aforesaid, except to block access to said Document. ING also
in the event of serious or deliberate error on undertakes to tell the public prosecutor
their part. immediately about any illicit activity or
information, as soon as ING becomes
In particular, the accuracy, precision, error-free effectively aware of such illicit activity or
nature, exhaustiveness, quality and updating of information relating to an Electronic Document.
the Electronic Documents, including the
aforementioned data for payment instructions 4. The Main Recipient and, where appropriate,
linked to be Electronic Documents and the Secondary Recipient, the Authorised User
hyperlinks to which the Electronic Documents or any other User each remains wholly liable
are linked cannot be guaranteed by ING or by for the use they make freely of Electronic
Isabel, nor can the consequences of any errors Documents and the consequences of such
they may include be attributed to them, except use.
in the event of grave misconduct or deliberate
error on their part. Likewise, they each remain wholly liable for the
use that they make freely of payment
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instruction execution requests which are 1. Any access or use of the ING Zoomit service
completed beforehand by ING with data from by a User is subject to subscription or
the Electronic Documents communicated by membership to ING's Home'Bank services by
the Issuer. Each of them is responsible for such User, as a Client him/herself who is the
checking the aforementioned data, and if recipient of Electronic Documents or in the
necessary rectifying it. name of and on behalf of a Client who is the
recipient of Electronic Documents, or by the
5. The Recipient is obliged to notify ING as Client who is the Recipient of Electronic
soon as he/she becomes aware of any use Documents in the name of and on behalf the
whether abusive or not by an unauthorised entity for whom the User acts.
third party (including the Main Recipient, the
Secondary Recipient, the Authorised User or Subscription to or membership of ING’s
any other User) of the ING Zoomit service, in Home'Bank services is deemed as
particular in the event of consultation of subscription to or membership of the ING
Electronic Documents by a third party who is Zoomit service, including these Regulations.
not authorised for such purpose by the Through such subscription or membership, the
recipient (e.g. in the event failure to comply to Client, Recipient of Electronic Documents
the extent agreed in accordance with Article 7) authorises any User he/she may appoint (i.e.
or by the Main Recipient or in the event of the Main Recipient and, where appropriate, the
consultation by the Main Recipient, the Secondary Recipient, the Authorised User or
Secondary Recipient, the Authorised User or another User) to access and use the ING
any other User of an Electronic Document Zoomit services for the purpose of consulting
which is not intended for them. all or some of such Electronic Documents, in
accordance with the provisions of these
Likewise, the Main Recipient as well as, where Regulations.
appropriate, the Secondary Recipient, the
Authorised User or any other User are all It is not possible to request access and use of
obliged to notify ING as soon as they become the ING Zoomit service in any other way than
aware of any use whether abusive or not by an the aforementioned.
unauthorised third party (including the Main
Recipient, the Secondary Recipient, the 2. Each Issuer has concluded a specific,
Authorised User or any other User) of the ING separate "Issuer" contract with Isabel for the
Zoomit service, in particular in the event of Isabel Zoomit service, where appropriate on
consultation of Electronic Documents by a third the basis of a contract concluded between the
party not authorised by the recipient or the Recipient and the Issuer, in order that the Main
Main Recipient to such effect, or in the event of Recipient and, where appropriate, the
consultation by the Main Recipient, the Secondary Recipient, the Authorised User or
Secondary Recipient, the Authorised User or another User may consult all or part of the
any other User of an Electronic Document Electronic Documents made available by each
which is not intended for them. of the Issuers concerned via the ING Zoomit
service.
6. The Main Recipient and, where appropriate,
the Secondary Recipient or the Authorised Isabel remains free to conclude such an
User accept that the Electronic Documents "Issuer" contract with the persons of its choice
may appear markedly different from those and for the Document of its choice.
which are communicated in paper form, Conversely, each person remains free to
particularly in terms of colours, contrasts or conclude such an "Issuer" contract with Isabel
clarity, and generally speaking, quality. and for the Document of his/her choice.
Article 9 headed "Information and advice" in 3. In addition to acceptance of these
ING’s General Regulations does not apply to Regulations, the Recipient must conclude, via
Electronic Documents. the other Home'Bank services, a separate
individual contract with each of the Issuers in
5. ING Zoomit service subscription or order that the Main Recipient, and where
membership appropriate, the Secondary Recipient, the
Authorised User or another User may consult
all or part of the Electronic Documents made
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available by each of the Issuers via the ING However, a User who acts and subscribes to
Zoomit service. the ING Zoomit service as a person authorised
by another (Client natural or a legal person(s))
Recipients remain free to conclude such a to only consult their accounts, via the
contract with the Issuers of their choice and for Home'Bank services, in accordance with the
the Electronic Document of their choice. Phone'Bank and Home'Bank General Terms
However, the Main Recipient and, where and Conditions, cannot be appointed as a
appropriate, the Secondary Recipient or the "Secondary Recipient".
Main Recipient and, where applicable, the
Secondary Recipient, the Authorised User or The Main Recipient determines for each
another User may not consult Issuers' Electronic Document Issuer, for each Client
Electronic Documents via the ING Zoomit number with each Issuer and for each type of
service until the relevant agreement has been Electronic Document, whether the User of the
concluded with the Issuers, with the exception Home'Bank services is authorised, as a
of the data from the Electronic Documents "Secondary Recipient" to consult the Electronic
mentioned in Article 7.5. Documents via the Zoomit service. He/she
determines accordingly the Electronic
The Issuers also remain free to make the Documents from which Issuers, the Electronic
Electronic Documents available via the ING Documents linked to which Client number with
Zoomit service, and to conclude a contract with each Issuer and the Electronic Documents of
the Recipient to this end. They accept sole which type are made available to the
liability in this regard. Secondary Recipient that he/she appoints via
the ING Zoomit service.
4. The Issuer determines with Isabel, where
appropriate according to the contract 2. Likewise, only the Main Recipient can also
concluded between the Issuer and the refuse that the other Users who are authorised
Recipient, the moment from which the to consult the accounts referred to in Electronic
availability of Electronic Documents via the Documents, via the Home'Bank services, be
ING Zoomit service, may or may not replace appointed as " Secondary Recipients" in such
paper-based communication, insofar as the a way that they will not be authorised to
Main Recipient agreed beforehand that consult Electronic Documents from Issuers
Electronic Documents could be consulted via intended for the Main Recipient via the ING
the ING Zoomit service by requesting to Zoomit service and made available via the ING
consult an Electronic Document from the same Zoomit service, subject however to Article 7.5
Issuer, of the same type and with the same of these Regulations.
Client number.
7. Compliance test
5. Except in the case of grave misconduct or
deliberate error on its part, ING does not 1. When a User wishes to consult an Electronic
accept any liability as regards contractual Document made available via the ING Zoomit
relationships concluded between the Issuer service, Isabel carries out a Compliance Test
and Isabel and, where appropriate, between in the name of and on behalf of ING and the
the Recipient and the Issuers. Issuers, on the basis of data communicated by
the Issuers, to ensure that unauthorised
6. Appointment of the secondary recipient persons cannot consult the Electronic
Documents.
1. Only the Main Recipient can appoint as a
"Secondary Recipient", within the limits of the ING is not liable in the event of a Compliance
possibilities offered by ING, the User of Test failure following incorrect or incomplete
Home'Bank services who will be authorised to transmission of data on the part of an Issuer, of
consult Electronic Documents from Issuers via Isabel, of a Client or of a User.
the ING Zoomit service, intended for the Main
Recipient and made available via the ING 2. The Main Recipient of an Electronic
Zoomit service in accordance with the Document is appointed following a successful
provisions of these Regulations. Compliance Test.
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The Main Recipient of an Electronic Document privacy (e.g. water, gas and electricity bills) or
thus appointed is the User whose surname, which are intended for a legal entity and are
first name and account number with ING which not sensitive, a Basic Compliance Test is
he is authorised to consult via the Home'Bank successful but not the actual Compliance Test,
services, correspond, according to the agreed then the Recipient of the Electronic Document
level of compliance, to the surname, first name accepts, insofar as the Main Recipient did not
and account number of a natural person refuse the appointment of other Users as
communicated to Isabel by the Electronic Secondary Recipients in accordance with
Document Issuers. In the event of compliance Article 6.2, that a User - authorised to consult
between the aforementioned data (i.e. in the the accounts referred to in the Electronic
event of a successful Compliance Test), the Documents via the Home'Bank services - may
Main Recipient thus appointed is authorised to in their capacity as Authorised Users, consult
consult the Electronic Documents from Issuers, in full or in part the Issuers' Electronic
via the ING Zoomit service, intended for the Documents, via the ING Zoomit service,
Main Recipient and made available via the ING intended for the Main Recipient and made
Zoomit service. available via the ING Zoomit service, insofar as
such User enters the "Zoomit" code
The Issuer determines with Isabel in corresponding to the Electronic Document in
accordance with Article 5 of these Regulations, question and communicated by the Issuer.
where appropriate according to the contract
concluded between the Issuer and the However, this will not be the case if the
Recipient, the level of compliance applied for Electronic Documents are considered as being
the test designed to make the Issuer's closely linked to privacy (e.g. payslips, etc.) or
Electronic Documents available. Depending on are intended for a legal person and are
the agreed level of compliance, the Recipient sensitive.
accepts that Electronic Documents may be
consulted via the ING Zoomit service by a A User who acts and subscribes to the ING
Main Recipient and, where appropriate, a Zoomit service as a person authorised by ((a)
Secondary Recipient other than him/her. Client natural or legal person(s)) to only
consult their accounts, via the Home'Bank
The Issuer determines with Isabel in services, in accordance with the Phone'Bank
accordance with Article 5 of these Regulations, and Home'Bank General Terms and
where appropriate according to the contract Conditions, cannot consult Electronic
concluded between the Issuer and the Main Documents which are linked to the
Recipient, those Electronic Documents which aforementioned accounts as an "Authorised
may or may not be closely linked to their User".
privacy, or which may or may not be sensitive.
5. Furthermore, the Recipient accepts that all
3. The Main Recipient accepts that the Users who are authorised by him/her to consult
Secondary Recipient whom he/she has the accounts referred to in the Electronic
appointed in accordance with Article 6 of these Documents, via the Home'Bank services
Regulations may, following a successful Basic (including (joint) holders or agents for the
Compliance Test and in the absence of a accounts in question), may, following a
successful Compliance Test (i.e. that only the successful Basic Compliance Test and in the
account numbers comply, and not the absence of a successful Compliance Test, still
surnames and/or first names), consult, via the consult the following data from the Issuer's
ING Zoomit service, the Electronic Documents Electronic Documents, via the ING Zoomit
of Issuers intended for the Main Recipient and service, intended for the Main Recipient and
made available via the ING Zoomit service, made available via the ING Zoomit service:
insofar as he been authorised, in accordance - the Issuer's name;
with the above Article 6, for the relevant - the type of Electronic Document (bill, direct
Electronic Document Issuer, for the Client debit, payslip, etc.);
number in question linked to such Issuer and - the date of receipt of Electronic Documents;
the type of Electronic Document in question. - any expiry date of the Electronic Documents;
- the status of Electronic Documents
4. When, in respect of Electronic Documents (document consulted, new document,
which are not considered as closely linked to document downloaded, etc.);
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- any amount linked to the Electronic
Documents; Electronic Documents are accordingly
- where appropriate, the fact that any amounts processed by ING or by Isabel without either
linked to the Electronic Documents have been party becoming aware of the content of the
paid or not. data in the Electronic Documents, except with
regard to the following data:
Such Users may consult such data even if the - the Issuer’s name and account number;
Main Recipient refused to appoint them as - the surname, first name and account number
Secondary Recipients in accordance with of the Recipients of Electronic Documents;
Article 6.2. - the type of Electronic Document (bill, direct
debit, payslip, etc.);
8. Protection of privacy and duty of - the date of receipt of Electronic Documents;
discretion - any expiry date for direct debits with ING and
any payment instructions linked to the
1. Through subscription or membership of the Electronic Documents;
ING Zoomit service, in accordance with Article - the status of Electronic Documents
5, the User, in his capacity as a Client in (document consulted, new document,
his/her own right, or acting in the name of and document downloaded, etc.);
on behalf of a Client, and/or the Client in - any amount linked to the Electronic
whose name and on behalf of whom he/she Documents;
acts, consents to the exchange and processing - where appropriate, the fact that any amounts
of the following data between ING, Isabel and linked to the Electronic Documents have been
the Issuers within the scope of the ING Zoomit paid or not.
service, in accordance with these Regulations: - other data relating to direct debits with ING
and any payment instructions linked to the
a) the request made by the Main Recipient, the Electronic Documents (in particular, data
Secondary Recipient, the Authorised User or relating to structured messages or free-text
another User to access and use the ING messages from the Issuer).
Zoomit service in accordance with these
Regulations; The data listed in the previous paragraph as
b) data required to carry out the Compliance well as the data mentioned above in point 1,
Test: the Client’s surname, first name and a), b), c) and e) in Article 8 is processed by
account number as well as, where appropriate, ING, who is responsible for processing for the
the "Zoomit" code of the Electronic Document purpose of account and payment
in question; management, and by Isabel, as an ING
c) consultation or non-consultation by the Main subcontractor, with the sole purpose of making
Recipient, Secondary Recipient or the available, via the ING Zoomit service, all or
Authorised User of the Electronic Documents part of the Electronic Documents to the Main
in accordance with these Regulations; Recipient and, where appropriate, to the
d) Electronic Documents, including data Secondary Recipient, the Authorised User or
relating to direct debits with ING and any another User (including carrying out the
payments linked to the Electronic Documents. Compliance Test) as well as, where
2. The above-mentioned Electronic Documents appropriate, the execution of payment
referred to in point 1, c), of this Article 8 are instructions, to the exclusion of all other ends
processed by ING and by Isabel acting as a (e.g. marketing).
subcontractor for the Issuers of these
Electronic Documents, only in the event of a This data is not communicated to third parties
successful Basic Compliance Test and with the except for the persons designated in point 1
sole purpose of making available all or part of above, and where appropriate, companies
the Electronic Documents, via the ING Zoomit whose intervention is necessary (in particular,
services, to the Main Recipient, and where for payment transactions: Swift SCRL,
appropriate, to the Secondary Recipient, the MasterCard Europe SPRL, etc.) for the above-
Authorised User or another User (including mentioned purposes.
carrying out the Compliance Test) as well as,
where appropriate, the execution of payment 3. Private individuals may access this data and
instructions, to the exclusion of all other rectify the data relating to them.
purposes (e.g. marketing).
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4. For additional information about the available via the ING Zoomit service. The
processing of data by ING Belgium, private aforementioned deadline is determined,
individuals can refer to Article 11 (Protection of depending on the type of Electronic Document
privacy) of ING's Home'Bank and Phone'Bank in question, by the Issuer with Isabel in
Services General Terms and Conditions. accordance with Article 5 of these Regulations,
where appropriate according to the contract
9. Access and use of the ING Zoomit concluded between the Issuer and the
service Recipient, it being understood that such
deadline cannot, under any circumstances, be
1. Upon subscription to or membership of the less than 6 months or more than 12 months.
ING Zoomit service by the User, as the actual
Client him/herself, or in the name of and on The Recipient, the Main Recipient and, where
behalf of a Client, and/or by the Client in appropriate, the Secondary Recipient
whose name and on behalf of whom he/she is acknowledge and accept that:
acting, the Main Recipient and, where - the Main Recipient and, where appropriate,
appropriate, the Secondary Recipient, the the Secondary Recipient are themselves
Authorised User and/or any other User can, in responsible for safeguarding each Electronic
accordance with these Regulations, consult all Document, and they undertake for this purpose
or part of the Electronic Documents made to download (save) and/or print out each
available via the ING Zoomit service by the Electronic Document within the agreed
Issuers and intended for the Main Recipient availability timeframe;
pursuant to the Compliance Test. - the Electronic Documents will no longer be
available once the agreed availability
Only such persons can consult all or part of the timeframe has expired or as from the effective
Electronic Documents, to the exclusion of any date of any termination of the ING Zoomit
other person. service in whole or in part (with regard to the
Issuers concerned), irrespective of the reason
2. The means of accessing and signing for termination;
required by the Main Recipient or, where - any Electronic Documents which have not yet
appropriate, the Secondary Recipient, the been made available during the agreed
Authorised User or another User to access and availability timeframe, will no longer be
use the ING Zoomit service, including those available as from the effective date of any
necessary to approve electronic signatures, termination of the ING Zoomit service;
are identical to those required to access and - the availability of Electronic Documents via
use ING's Home'Bank services. the ING Zoomit service may have the
consequence, according to the contract
3. The Bank may refuse to process an ING concluded by the Issuer with Isabel in
Zoomit service consultation request, without accordance with Article 5 of these Regulations,
being required to justify said refusal, in that all or part of these will no longer be
particular if the Main Recipient, the Secondary communicated via other channels (e.g., in
Recipient on the Authorised User submits paper format by post or by fax, or in electronic
several successive requests which do not format by e-mail);
comply with the requirements indicated in
these Regulations or, generally speaking, Save in the case of serious or deliberate error
misuses the ING Zoomit service. Any on its part, ING does not accept liability with
complaint in this regard will be rejected, except regard to the contractual relationships
in the case of grave misconduct or deliberate concluded between the Recipient and the
error on the part of the Bank. Issuers.
10. Availability of the electronic documents 11. Charges for the ING Zoomit service
Each Electronic Document is made available The possible rates applicable to the
via the ING Zoomit service for a minimum subscription, membership and/or use of the
period of six (6) months and a maximum of ING Zoomit service are indicated in the lists of
(12) months from the date the Issuer makes it charges for the main banking transactions
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published by ING and available, in particular, the Isabel software relating to Isabel's Zoomit
at any ING branch and via the service, in its computer-readable object code
Phone’Bank/Home’Bank information services. version, and to use the Isabel database
Furthermore they are communicated to the relating to Isabel's Zoomit service. However,
User prior to subscription to or membership of no property rights or intellectual rights are
the ING Zoomit service. Such charges are only transferred to the User. This licence only
valid as from the date they are published. grants the right to use the Isabel software and
the Isabel database within the scope of the
They do not constitute a binding offer on ING, ING Zoomit service in accordance with its
unless they are communicated to the User in a purpose as determined in these Regulations, in
subscription or membership form. particular the consultation of Electronic
Documents.
If rates are applicable to subscription,
membership and/or use of the ING Zoomit 3. It is strictly forbidden for Users to make even
service, they apply to the Main Recipient both the slightest change to the Isabel software
in the event of use of the ING Zoomit service package or to the Isabel database relating to
by latter, or in the event of use of the ING the Isabel Zoomit service.
Zoomit service by the Secondary Recipient
that he/she appoints or by the Authorised User. 4. Isabel is the sole holder of the brands and
logos linked to the Isabel Zoomit service.
Such rates may stipulate, for subscription or
membership of the ING Zoomit service, the 13. Duration and end of the ING Zoomit
payment of an annual fee which is then service
payable and applied to the Main Recipient, as
soon as subscription or membership of the ING 1. Subscription to or membership of the ING
Zoomit service by the Client or in his/her name Zoomit service by a Client or on his/her own
and on his/her behalf, and then, on all behalf comes into force on the day of the
subscription or membership anniversary dates. subscription or membership and is valid for an
indefinite period.
Any charges for the ING Zoomit service are
independent from the Home'Bank services 2. Both the Client and ING may terminate the
charges. ING Zoomit service at any time, free of charge
and without any justification.
12. Intellectual property
The ING Zoomit service is an integral part of
1. Without prejudice to the availability of ING's Home'Bank services, and complete
Isabel’s Zoomit service within the scope of the termination of the ING Zoomit service is only
ING Zoomit service for the Main Recipient and, possible by terminating ING's Home'Bank
where appropriate, the Secondary Recipient, services. Accordingly, without prejudice to the
the Authorised User and/or any other User provisions of these Regulations, both the User,
exclusively for their personal needs as the Client and ING may only completely
stipulated in the Regulations, Isabel reserves terminate the ING Zoomit service under the
all rights in terms of property as well as all same conditions and according to the same
intellectual property rights (including usage terms as those defined for the termination of
rights) both in terms of the Isabel software and the Home'Bank Agreement in the
the Isabel database relating to the Isabel Phone'Bank/Home'Bank Services General
Zoomit service, as well as regarding all the Terms and Conditions.
elements which make it up, in particular and
not limited to texts, illustrations, brands and At any time, without charge and without
other items which can be found in the Isabel justification, the Main Recipient may terminate
software package and/or in the Isabel availability of Electronic Documents via the
database. ING Zoomit service for some or all of the
Issuers, by sending a request to this end to the
2. For the duration of subscription to or Issuers in question, where appropriate
membership of the ING Zoomit service, the according to the contract concluded between
User is granted a strictly personal, non- the Issuers and the Recipient in accordance
exclusive and non-transferable licence to use with Article 5 of these Regulations. Each
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relevant Issuer will take such a request into service due to a serious failure by the User or
account according to the conditions and terms the Client to respect their commitments
agreed between itself and the Recipient, towards ING or termination of the subscription
without ING's liability ever being involved in or membership of the ING Zoomit service by
this regard, except in the case of grave the User or the Client, then ING will not be
misconduct or deliberate error on its part. obliged to refund, even partially, the annual fee
which may be applicable in accordance with
At any time, without charge and without Article 11 of the Regulations.
justification, ING may also terminate with
immediate effect, the availability of the 6. If use of the ING Zoomit service is partially
Electronic Documents via the ING Zoomit terminated with regard to the availability of all
service for some or all of the Issuers. or part of the Electronic Documents for some
or all Issuers, or if use of the ING Zoomit
Furthermore, ING may, at any time and without service is completely terminated, then the Main
notice, terminate the subscription or Recipient and, where appropriate, the
membership to the ING Zoomit service or Secondary Recipient of the Electronic
suspend execution in whole or in part if the Documents concerned which were made
User or the Client fails to honour their available via the ING Zoomit service are
commitments towards ING or default on their obliged to inform the relevant Issuer and to find
payments, if they are declared bankrupt or put a solution with them as soon as possible for
into liquidation or receivership, or they are the another mode of communication or method of
subject of similar procedures, without prejudice availability for the future of the Documents in
to any additional damages. question.
3. Any closure of accounts with ING or Under the same conditions, the Issuers
termination of Home'Bank Agreements to concerned by the withdrawal of the Electronic
which the ING Zoomit service is linked will Documents made available via the ING Zoomit
immediately terminate use of the ING Zoomit service or via the complete termination of the
service for the accounts and the Home'Bank subscription or membership to the ING Zoomit
Agreements in question. If all the accounts service are not obliged, unless stipulated
held with ING to which the ING Zoomit service otherwise in any contract concluded between
is linked are closed, or if all the Home'Bank the Recipient and the Issuer in accordance
Agreements to which the ING Zoomit service is with Article 5 of these Regulations, to
linked are terminated, then subscription or communicate or make available in another way
membership of the ING Zoomit service will after the termination occurs, those Electronic
terminate with immediate effect. Documents which have already been made
available via the ING Zoomit service.
4. Except in the event of force majeure or
serious failure by the User or the Client to 14. Amendments to these regulations
respect their commitments towards ING,
termination of the ING Zoomit services or 1. The Bank reserves the right to amend these
withdrawal of the Electronic Documents made Regulations subject to one month's notice. To
available via the ING Zoomit service by ING in this end, ING will inform the User or the Client,
accordance with Article 13.2 will not prejudice at least one month before the application of the
the right of the Client or User to be amendments in question, of the availability of
compensated for any loss which may result for the new Regulations. ING will inform the User
them due to such termination as substantiated or the Client by (electronic or traditional) mail,
by them. Similarly, the User or the Client can by a message included in the account
invoke this right if the subscription or statements or by a notice displayed in ING
membership is terminated by him due to ING branches or via the Home'Bank services.
changing the contractual framework unilaterally
in accordance with Article 14 or due to serious 2. The User or the Client may refuse such
or deliberate error on the part of ING, as amendments and, in that case, exercise their
substantiated by him/her. right to terminate the subscription or
membership to the ING Zoomit service in
5. In the event of termination of the accordance with Article 12 of these
subscription or membership of the ING Zoomit Regulations. Failure to exercise, by the User or
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the Client, within a month of the
communication stipulated above, their right to
terminate the subscription or membership to
the ING Zoomit service, will be deemed as tacit
agreement of the User or Client to adopt the
proposed amendments.
ING Belgium SA/nv – Bank – avenue Marnix 24, B-1000 Brussels –
Brussels RPM/RPR – VAT BE 0403.200.393 – BIC (SWIFT):
BBRUBEBB – Account: 310-9156027-89 (IBAN: BE45 3109 1560
2789).
Publisher: Philippe Wallez – avenue Marnix 24, B-1000 Brussels –
12/2012.
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