FNB Cellphone Banking Terms and Conditions _Last updated July 2009

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FNB Cellphone Banking Terms and Conditions _Last updated July 2009 Powered By Docstoc
					FNB Cellphone Banking Terms and Conditions
(Last updated July 2009)
FNB An Authorised Financial Services Provider

These Terms and Conditions (Rules) apply to the registration and use of the
Cellphone Banking service (“the Service”) offered by First National Bank, a
division of First Rand Bank Limited (“FNB”). These terms and conditions
constitute an agreement between you (“the Customer”) and FNB when you
register and make use of the Cellphone Banking Service.

Section A: Definitions (What we mean)
1. “You/the Customer”: means the person who has registered for FNB’s
Cellphone Banking service.
2. “We/Us/Our/FNB”: means First National Bank (FNB), a Division of First
Rand Bank Limited – a registered bank and Authorised Financial Services
3. “The Account/s”: means any account/s held by you with us and included in
your customer profile.
4. “Transactional account”: means the Customer’s qualifying account that is
registered for use with our Service.
5. “Qualifying”: means any one of your Accounts held with us that we deem
acceptable for registration for use with our service and which account is called
the Transactional account herein.
6. “Prepaid products”: means any prepaid airtime or third party prepaid credit
7. “Registered cellphone number”: means the Customer’s cellphone number
that is selected during the Service registration process.
8. “Other cellphone number”: means any cellphone number that you purchase
prepaid products for by using the service other than the registered cellphone
9. “MOPIN”: means the Customer’s five (5) digit authorisation code, selected
during the Service registration process.

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10. “The Service”: means FNB’s Cellphone Banking service which allows you
to do various transactions and obtain information about your account/s held
by you with us via your registered cellphone number.
11. “InContact”: means our free notification service, which communicates via
e-mail or SMS whenever a transaction that is within the customer’s alert limits
is processed to or from the Customer’s Account/s.
12. “SMS”: means a short message service consisting of text messages.
13. “USSD”: means unstructured supplementary services data, which allows
you to browse text menus, in this case, relating to Cellphone Banking.
14. “”: This is the FNB WAP Banking site.
15. “TAB”: Totaliser Agency Board
16. “Soccer 6”: A customer predicts the results of 6 pre-determined soccer
matches, where there are only three possible results per match as follows:
o Team A to win
o Draw
o Team B to win
17. “Telebet/TAB Account”: A customer’s virtual account, owned and
maintained by TAB, which they can transfer funds into in order to place bets.
18.” Scheduled Prepaid Topup”: This will allow customers to create a
scheduled topup service and then specify how often, and with how much, they
would like to automatically topup various prepaid products accounts.
19.”MXit Moola Topup”: This will allow customers to purchase MXit Moola and
topup MXit Virtual accounts real time.
20. ‘Gidani’: is a private company incorporated in accordance with the laws of
South Africa; who operates the South African National Lottery in terms of a
licence awarded by the Minister Of Trade and Industry.
21.‘National Lottery’: the lottery conducted in the Republic of South Africa in
accordance with the provisions of the Act and a licence awarded by the
Minister Of Trade and Industry.
22. ‘National Lottery Products’: National Lottery Products are games offered in
terms of a National Lottery licence as a part of the National Lottery in which
the determination of whether any participants has won a prize is determined,
in whole or in part, by reference to numbers or other symbols selected by the

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participant, or automatically by the Licensee’s Central System. These National
Lottery products includes LOTTO and LOTTO Plus.
22.1. “LOTTO”: A game of chance where the player should select six (6)
numbers from a field of forty-nine (49) numbers. If these six (6) numbers
match the six (6) drawn numbers during the LOTTO draw, the player wins the
first division prize.
22.2. “LOTTO Plus”: An extension of the National Lottery products in which
selections made for a LOTTO draw are wagered for an additional
corresponding LOTTO Plus draw. It gives a second chance to win in the
LOTTO game at an additional cost.
23. “Quick Pick”: Numbers randomly generated by the National Lottery’s
central systems.
24. “Automatic Payouts”: Winning funds will be deposited directly into the
customer’s FNB bank account. Payouts are based on matched numbers for
various prize categories.
25. Know your customer (KYC): is the due diligence and bank regulation that
financial institutions and other regulated companies must perform to identify
their clients and ascertain relevant information pertinent to doing financial
business with them.

Please note that any reference to “coupon entries” and the “Retailer” in the
Gidani game rules should be interpreted as “FNB electronic entries” and
“FNB” respectively.

Section B: Registration (How to get FNB Cellphone Banking)
1 Registering for Cellphone Banking from FNB:
1.1 In order to register for the Service, you must:
1.1.1 Have an active and valid 10 digit cellphone number, which is connected
to a registered national Cellphone network that is operating within the national
borders of South Africa, i.e. MTN, Vodacom, Cell C or Virgin Mobile;
1.1.2 Have an active qualifying Transactional Account;
1.1.3 Immediately select a five (5) digit MOPIN when registering for the
1.1.4 Be registered for inContact; and

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1.1.5 Accept the Terms and Conditions (Rules) governing the use of the
1.2. In order to be able to make payments to third parties, you need to have
the third party set up as a beneficiary on your account via one of secure
channels listed below (except ATM).
1.3. You must register for the Service via the following secure channels:
1.3.1. Any FNB ATM;
1.3.2. The FNB Internet Banking website: http// (you must be a
registered FNB Internet Banking user);
1.3.3. The FNB Cellphone Banking Helpline or
1.3.4. Any FNB branch
Section C: How to use Cellphone Banking from FNB
1 Using the Cellphone Banking service:
1.1. In order to use the Service, you must be registered for the Service.
1.2. You must be registered for inContact. If you de-register from inContact
subsequent to registering for the service, you will not be eligible for the full
Money Back Guarantee. inContact is a messaging value-add service that is
additional to any statement you may receive. While we will endeavour to
ensure the integrity and content of any email or SMS sent to you, your
statement will remain the record of your Account transactions. The Money
Back Guarantee assures that your money will be refunded if any unauthorised
or fraudulent transactions are processed to the Account/s on your profile and
you have taken adequate care to safeguard your access details.
This is subject to certain terms and conditions set out below and in Sections D
and F. If you think you have been a victim of a Cellphone Banking fraud, you
must inform us as soon as you become aware that a suspicious transaction
has occurred on your Accounts and open a case at your nearest SAPS office.
You will also be required to co-operate with us and the police in any
investigation conducted into losses you suffer. We will investigate all reported
cases of Cellphone Banking frauds and, provided that you have complied with
the safety measures listed in the Security features, will reimburse you after
the investigation for any losses suffered due to fraud committed via Cellphone
Banking. You are responsible for ensuring that we have your correct
Cellphone number and e-mail address. We will not be held responsible if the

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SMS or e-mail is sent to the wrong number or address if you have not
updated your records with us. We cannot guarantee the accuracy or arrival of
an SMS and/or e-mail. We are dependent on external service providers to
deliver information on account transactions. We accept no liability
whatsoever, and you indemnify us against any loss, expense, claim or
damage whatsoever arising from the use of the Service, or arising from any
delay or failure by us to send an e-mail or SMS. We make no representation
or warranty, whether express or implied, as to the operation and functionality
of the Service.
1.3. You must have enough airtime available on your registered cellphone
number to access the Service. (Available on the following dial strings
*120*321# and *130*321#
1.4. You must have selected a MOPIN in order to authorise transaction
requests made via the registered cellphone number. You should not store
your MOPIN on your cellphone handset in any form whatsoever. If your
cellphone automatically stores your MOPIN, the onus is on you to delete it.
This will ensure that no one can transact using your registered number, as
they will need your MOPIN to complete and authorise transactions.
1.5. You must have enough money in your Transactional account to complete
requested transactions. If you do not, we retain the right to decline any
authorisation relating to the transaction.
1.6. Your remaining daily limit must be enough to complete the requested
1.7. Cellphone Banking default daily limits are as follow:
1.7.1. R1 000 daily limit for prepaid purchases for you or someone else as
well as for playing any of the National Lottery products.
1.7.2. R10 000 daily limit for account payments
1.7.3. R100 000 daily limit for transfers between own accounts
The above limits can be decreased but not increased to anything above the
default amounts stated.
1.8. You can visit any FNB branch for immediate assistance with regard to the
operation of the Service or call the FNB Cellphone Banking Helpline on 0861
313 210.

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1.8.1. You must advise us immediately if your cellphone is stolen, as we need
to block your registered cellphone number. The Registered cellphone number
is an access mechanism, to your Account/s – the same as an ATM card – and
by suspending the Service we ensure that no one gains access to your
Account/s via the stolen cellphone.
1.9. We may at our discretion amend, add or remove any of the services
included in the Service.
1.10. Please note that when using the TAB Soccer 6 betting feature on
Cellphone Banking from FNB that Cellphone Banking Terms and Conditions
apply. For placing of bets and transacting on your Telebet account,
Phumelela’s Rules & Regulations apply. Phumelela’s Rules and Regulations
can be obtained on the TAB web site
1.11. No person under the age of 18 will be allowed access to National Lottery
products or the TAB Soccer 6.
1.12. Please note that when scheduling a Prepaid Topup for yourself or
someone else on Cellphone Banking from FNB, that Cellphone Banking
Terms and Conditions apply.
1.13. Scheduled Prepaid Topups are processed on the nominated dates from
08h00 to 16h00 including Public holidays and weekends, however the exact
time of the scheduled topup cannot be guaranteed.
1.14. Should the customer de-register from Cellphone Banking the Scheduled
Prepaid Topup will continue until the customer cancels the scheduled topup
via the call centre on 0861 313 210
The call centre will only be able to cancel the scheduled topup; they will not
be able to increase or decrease the scheduled topup amount.
1.15. No transaction on Cellphone Banking is reversible.

Section C: Security (The security of FNB’s Cellphone Banking service)
1 Security features for FNB’s Cellphone Banking service:
1.1. The main security feature of the Service is the five (5) digits MOPIN,
which you use to authenticate and authorise transaction requests from your
registered cellphone number;
1.2. The MOPIN must be selected immediately when you register for the

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1.3. The security of the MOPIN must not be endangered or compromised by
choosing a MOPIN that can be easily guessed, such as five (5) of the same
numbers or numbers in sequence such as 12345.
1.4. You must not under any circumstances store your MOPIN on your
cellphone handset in any way whatsoever. If your Cellphone automatically
stores your MOPIN, the onus is on you to delete it. This will ensure that no
one can transact using your registered cellphone number, as they will need
your MOPIN to complete and authorise transactions.
1.5. You are responsible for the security of the MOPIN and may not disclose
the MOPIN to anyone.
1.6. If anyone obtains your MOPIN and cellphone with the registered
cellphone number, it will be assumed that this person is you. From our
perspective, any transactions authorised by this other person are legitimate
and will be acted on. You will be liable for any transactions processed during
this period until you advise us to suspend or block the Service.
1.7. Only transactions requested from the registered cellphone number will be
considered as legitimate and will be acted on.
1.8. The MOPIN should never be SMSed to anyone, including us. When
authorising a transaction, follow the instructions as SMSed to you to complete
the transaction successfully.

Section D: Fees/Costs (Does FNB Cellphone Banking cost you money?)
1. FNB Cellphone Banking has no subscription fee or account transaction
fees for personal cheque and transmission accounts; however credit card
transaction fees and network operator fees are applicable.
1.1. By using the Service you authorise FNB to debit the Transactional
account with any transaction fees that may be introduced and communicated
to you in our pricing brochure available at any FNB branch or on our website: The account service fees are reviewed on an annual
basis and communicated to you as at the time of the annual price review.
1.2. FNB may at any time amend or introduce new fees for the Service and
will advise you within a reasonable time of such changes.

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1.3. A fee from the relevant Cellphone Network Service Provider will be
incurred when using the Service and will need to be settled between you and
the Cellphone Network Service Provider.
1.4. For menu-driven services such as USSD, if premium rated, the price for
the service will be clearly stated at the top of the first page. Any additional
costs associated with browsing specific menu selections will also be clearly
indicated. “Premium Rated” shall mean any charge above the standard rate
charged to the customer.
1.5. SMS, USSD and any data service used (e.g. GPRS, 3G, Edge) are at
present charged to you at standard rates.
These rates are subject to change at the sole discretion of the Cellphone
Network Service Provider.
1.6. No banking fees or charges will be applied when playing any of the
National Lottery products.

Section E: Liability and Exclusions of Liability
1. FNB Cellphone Banking has the following stipulations and indemnities:
1.1. You will be liable for:
1.1.1. Any unauthorised transaction that has been debited to the Account/s
through any person other than you using the MOPIN, unless it can be proved
that such person obtained the MOPIN as a result of our negligence or fraud.
1.1.2. All transactions, including the payment of fees up until the Service is
terminated. If there are any transactions or a fee still unpaid by you after the
Service is terminated, you will remain liable for the full outstanding amount
owed to FNB. In this regard we reserve our right to set off any unpaid
transactions or fees from any account held by you with us.
1.2. You agree to use the Service at your own risk and we will not be held
liable for any loss or damage whatsoever, unless such loss or damage arises
from our gross negligence or intentional misconduct.
1.3. You indemnify us against any claims by third parties or loss suffered by
you arising from the use of the Service.
1.4. Prepaid products purchased using the Service are sold under the Terms
and Conditions of the applicable Network Operator or service provider and the

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Terms and Conditions of the Service do not supersede the purchase
agreement between you and the Network Operator or service provider.
1.5. You are responsible for giving correct information and instructions when
setting up beneficiaries and making payments to beneficiaries. We will not be
responsible for any loss or damage caused by your error, either in setting up
the beneficiary or in making payments. We will also not be liable for payments
made by you to unintended recipients if you give the wrong information to us.
We are also not responsible for the verification of the identity of recipients. We
cannot reverse duplicate or incorrect payments you make to other accounts
without the specific consent of the accountholder. Our role is to pass your
instruction on to where the account is held and we will not be liable for any act
or omission on the part of any institution where the account is held.
1.6. Payment notification and scheduled payment service
You are responsible for supplying us with the correct contact details of your
recipients and you agree to use the service at your own risk. Notice of
confirmation of payment to the recipient does not warrant that the recipient
has received the payment or has access to the funds. We accept no liability
whatsoever, and you indemnify us against any loss, expense, claim or
damage that you or a third party may suffer, whether direct, indirect or
consequential, arising from the use of this Service, or arising from any delay
or failure by us to send an email, telefax or SMS. We make no representation
or warranty, whether express or implied, as to the operation and functionality
of the Service or the accuracy and integrity of the transmitted information.
This service is not free and you will be charged per medium used to notify
your recipients of payments made to them. You can find details of these fees
by visiting the FNB website (, calling the Cellphone Banking
contact centre on 0861 313 210 or visiting your nearest FNB branch.

Section F: Playing National Lottery products via FNB Cellphone Banking
1.1. Instructions for playing National Lottery products will be done in English, if
you require help in your preferred language, please contact the Gidani call
centre: 0800 777 777.
1.2. Players must be 18 years and older to play National Lottery products.

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1.3. When you play National Lottery products through the FNB channels, you
cannot play for multiple draws. Your ticket will be entered into the next draw.
1.4. The National Lottery products functionality is linked to Prepaid, when you
delink the Prepaid option, you will not be able to play National Lottery
1.5. When you play Quick Pick, the numbers will only be displayed after you
confirm your transaction.
1.6. FNB winners’ accounts will be credited with winnings of less than R50
000 within 7 working days after the winners have been announced; provided
the necessary KYC requirements have been satisfied.
1.8. Customers whose winnings exceed R50 000 will be contacted by an FNB
representative within 7 days and will be advised of the process to redeem
their winnings.
1.9. The account holder of the account from which the ticket was purchased is
the legal owner of the National Lottery ticket and any associated winnings
unless the LOTTO ticket has been purchased fraudulently.
110. If an account is blocked or closed, every effort will be made by FNB to
contact you and make alternative arrangements for payments. Failure to
contact you after three telephonic attempts and with one registered letter will
result in the money being placed in a suspense account until claimed. Note
that winnings not collected within 365 days will be forfeited and paid back to
1.11. National Lottery jackpots are not determined by FNB. The results are
determined and confirmed by Gidani and not FNB.
1.12. FNB will waiver customers’ rights to disclose personal information if a
gaming problem is suspected.
1.12.1. A problem gambler is defined as a customer who spends more than
R1 000 per day and in excess of R15 000 per month across all channels

Please note that the National Lottery feature on Cellphone Banking is
governed by the National Lottery’s Rules and Regulations. The Cellphone
Banking Terms and Conditions for National Lottery products must therefore
be read in conjunction with the Terms and Conditions applicable to National

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Lottery products. Game rules can be obtained on the National Lottery website

The Participants’ Code of Practice provides information on all the procedural
issues for participating in the National Lottery Games, as well as the
procedures for claiming prizes and making enquiries or complaints.

The Participants Code of Practice can be obtained from the Gidani’s Players
helpline on 0800 777 777 Toll Free.

For complaints and enquiries that cannot be settled with FNB refer to:
Gidani (Pty) Ltd
Private Bag X130
Halfway House
Tel: 0800 777 777


The National Lotteries Board
P.O. Box 1556
Brooklyn Square
Tel: (012) 394 3440

First National Bank, in its responsibilities as an agent to Gidani hereby brings
you various National Lottery products via its cellphone banking channel in
accordance with the following terms and conditions. These terms and
conditions as well as applicable gaming rules are available on

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read, understood and accepted before playing any of the available National
Lottery products as provided on cellphone banking by First National Bank.
Although Gidani via its agent, First National Bank, shall endeavour to provide
accurate and up to date information on this site neither Gidani, the National
Lottery, the National Lotteries Board nor any of their employees, agents and
associates including First National Bank make any representations or give
any warranties, whether expressly, tacitly or implied, as to the operation of the
site, the information, content, materials and products that are included and
available on this site. Gidani, the National Lottery, the National Lotteries
Board, their employees, agents and associates including First National Bank
shall not be liable for any damage of whatsoever nature arising or resulting
from the use of or inability to use this site or the information contained herein,
including but not limited to direct, indirect, incidental, punitive and
consequential damages. To view the National Lotteries Act, please visit

Section G: Termination of the Agreement, Suspension or Withdrawal of
the Service
1 FNB Cellphone Banking may do the following:
1.1. We may at any time terminate this agreement and your right to use the
Service if:
1.1.1. You disclose or compromise the MOPIN.
1.1.2. You do not adhere to these Terms and Conditions.
1.1.3. You use the Service illegally.
1.1.4. The cellphone Network Service provider terminates the Registered
cellphone number from its network.
1.1.5. Your Transactional account is closed.
1.1.6. You do not perform a fee earning transaction within a specified period.
1.2. In the event of such termination, we will provide you with 30 (thirty) days
notice. In the case of fraud, suspected fraud, if we are compelled by law, if
you have not used the Service within a specified period or if the Transactional

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account that is linked to the service is closed, in order to protect our interests,
we may take other action, including but not limited to terminating the Service
without any notice.
1.3. You may at any time terminate the Service by giving us such notice in
writing, by contacting the FNB Cellphone Banking Helpline, or by de-
registering at any FNB branch or directly from your cellphone.
1.4. When this agreement is terminated your full indebtedness to us with
respect to all transactions remains due and payable. We reserve our right to
set off your full indebtedness to us against any other account held with us.
1.5. We have the right to immediately withdraw or suspend the Service if we
reasonably suspect that the Service is:
1.5.1. Being used outside of these Terms and Conditions.
1.5.2. Being used fraudulently or illegally.
1.5.3. Compromised, in order to protect you or for the protection of us or our

Section H: General
1.1 Information:
1.1.1. You must ensure that all account/personal related information disclosed
with the Service is kept confidential.
1.1.2. Any information relating to the Service may be communicated via SMS
and you give consent to receive product related information via the Registered
cellphone number.
1.2 Statements:
1.2.1. All transactions, fees and charges will be shown on your statement;
mini statement, or on a transaction record available from one of our branches.
1.3 Amendments:
1.3.1. FNB may from time to time amend these Terms and Conditions or the
Service; except where legislation requires an immediate change;
1.3.2. You will be notified of material changes only, within a reasonable period
of time of the changes. The manner in which notification herein will be given
to you is left within our discretion.
1.3.3. You will have 7 days from receipt of notification to terminate the Service
if you do not agree with the amended Terms and Conditions. If you use the

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Service after we have given you notice of the amendment/s and this falls
within the 7 day period, or falls anytime after the 7 day period has lapsed, we
will be entitled to assume that you have read and agree to be bound by the
amended Terms and Conditions. For convenience only, the date on which
these Terms were last amended is shown below the main heading of these
Terms. If the change to the Service requires that you must upgrade or change
your cellphone or network service provider, you will be responsible for any
cost that may be required to continue using the Service or you may then
decide to discontinue the Service.
1.3.4. Any amendments, additions or removals to the Service may be
communicated to you via SMS.
1.4 Waiver, cession and assignment
1.4.1. Any failure by us to enforce our rights will not constitute a waiver of
such rights.
1.4.2. You may not cede, assign or transfer in any way any of the rights and
obligations pertaining to you, the customer, in terms of the Service to any
other person or entity without the express and prior consent of FNB.
1.5 General
1.5.1. These specific Terms and Conditions are to be read together with our
General Terms and Conditions.
1.5.2. If there is a conflict between these specific Terms and Conditions and
the General Terms and Conditions, these terms and conditions will prevail.
1.6 Code of Banking Practice
1.6.1. We subscribe to the Code of Banking Practice, which will apply to our
relationship with you if you fall within the ambit of the Code. You may obtain a
copy of this document from your nearest branch or logon to
1.6.2. If you wish to lodge a complaint, please contact our Contact Centre on
0861 313 210. We will investigate the complaint and revert to you within a
reasonable period of time.
1.6.3. If we cannot resolve your complaint within a reasonable time you are
free to lodge a formal complaint at the office of the Banking Ombudsman,
provided that your complaint falls within the jurisdiction of the Banking
Ombudsman. For more information on how this process works, please visit

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