This Customer Master Agreement (“Customer Master Agreement”) is entered into between Wing Bank (Cambodia) Plc (“Bank”) and you on your Acceptance Date.
Clause 1: Construction of Customer Master Agreement
Unless the context otherwise requires:
- references to the masculine gender include the feminine and neuter genders and vice versa, and references to the singular include the plural and vice versa;
- clause and sub-clause headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of the Customer Master Agreement or the intent of the provisions hereof; and
- all customer agreements under each annex and schedule of this Customer Master Agreement are taken, read and construed as essential and form integral parts of this Customer Master Agreement.
- in the event of any inconsistency or conflict between the provisions of this Customer Master Agreement and other specific agreements, or other related documents, the provisions of this Customer Master Agreement shall prevail unless expressly stated otherwise in that specific agreements or other related documents.
Clause 2: Application
- This Customer Master Agreement constitutes a legally binding agreement made between the Bank and you in your personal capacity (“you” or “your”).
- You will be required to accept this Customer Master Agreement only once on your first engagement with the Bank. This Customer Master Agreement will be valid upon your acceptance pursuant to Clause 3 below; however, the specific customer agreements annexed to this Customer Master Agreement will only take effect upon your activation of those products or services of the Bank. For a sake of clarity, “activation” refers to customer’s enrollment, subscription, registration or request or similar activities for obtaining a service or product of the Bank by entering OTP, PIN code or other authentication methods. At the time of your activation of any Bank’s products or services, the specific customer agreement on those products or service as annexed to this Customer Master Agreement will bind your obligations with the Bank without further acceptance or signing required from you. For certain products or services of this Customer Master Agreement, you will be required to accept additional terms and conditions at the time of your activation of such products or services.
Clause 3: Acceptance
You have read, understood and agreed to each term and condition of this Customer Master Agreement. You acknowledge that ticking the agreement box, inserting OTP or PIN or utilizing face scan technology or other forms of agreement confirmation constitutes your acceptance of this Customer Master Agreement to the extent of the applicable laws and regulations, and that you will be legally bound by this Customer Master Agreement from your Acceptance Date.
Clause 4: Your Consent
4.1 Consent for Personal Data Sharing
By accepting this Customer Master Agreement, you explicitly authorize and agree that the Bank may collect, store and disclose your personal data to the following persons in accordance with applicable laws and our privacy policy:
- our employees and agents to the extent as reasonably necessary to perform the work under the products and services you requested, in which case we will require those persons to honor our privacy policy;
- our Affiliates, Royal Group of Companies Ltd. and RGC Company for the purpose of cross sale of the products and services, in which case we will require those affiliates to honor our privacy policy. We will share your personal data with the abovementioned companies only when and in case that you request, activate, subscribe or use one or more of the products or services of such companies;
- vendors, consultants, sub-contractors, and service providers who require access to data and information to carry out operations or transactions on behalf of the Bank or for the purpose of product development, in which case we will require those persons to honor our privacy policy;
- in response to a request for data from you if the Bank believes that the disclosure is in accordance with any applicable laws, regulations or legal process (i.e. to establish, exercise or defend our legal rights such as for the purpose of fraud prevention), or as otherwise required by any applicable laws, rules or regulations;
- in connection with any merger and acquisition involving the Bank, sale of all or part of our company business or assets to other persons or similar transactions; and
- the competent courts, dispute resolution forums or regulators as requested or to fulfill our disclosure or reporting obligation as required to do so by laws.
For further details on personal data protection, you agree to be bound by our Privacy Policy as scheduled for this Customer Master Agreement.
4.2 Consent to Freeze Balance or Account
You authorize and agree for the Bank to freeze your fund and/or Account in the following circumstances:
- You receive an unintended amount that does not belong to you;
- It is believed or suspected that your Account is suspected or is or has been involved in any money laundering or criminal acts;
- The Bank receives instruction from the court or competent government authorities to freeze your balance or Account; and
- Other cases as permitted by applicable laws and regulations.
4.3 Consent to Reverse Amount
You hereby authorize the Bank to reverse any transaction amount that was erroneously credited to your Account due to system error, duplicate processing, fraud, or other unintended events. You further agree that the Bank is authorized to debit your Account in accordance with the applicable laws and regulations as soon as the Bank becomes aware of those incidents.
In cases where the balance in the Account is insufficient to cover the reversal, you agree to repay the amount owed immediately upon notification. The Bank reserves the right to take legal action or report the matter to relevant authorities if repayment is not made in a timely manner.
In the event of a disagreement regarding a transaction reversal, you may submit a formal complaint through the Bank’s internal complaint handling process. The Bank will investigate and respond in a timely and transparent manner. If you are not satisfied with the outcome, you retain the right to refer the dispute to ABC or NBC or a competent court in accordance with applicable laws.
4.4 Consent for Direct Debit
You authorize and agree for the Bank to deduct or withdraw your money automatically from your indicated Account or any of your Accounts held at the Bank without having to further inform or obtain consent from you in order to perform your obligations that you have agreed upon when accepting this Customer Master Agreement, including repayment of principal, interest, fees, charges, insurance premiums and other amounts to be paid to the Bank.
4.5 Uncertain Events for Transaction Gain or Loss
There might be circumstances whereby system failure or any human error occurs due to uncertain events as a nature of service delivery in general. You are willing to cooperate with the Bank and to follow the Bank’s applicable procedures and the applicable laws to resolve the issue without damaging the other party’s interests. You acknowledge, authorize and agree for the Bank to make adjustment transparently on such gain or loss on your Account(s) without having to obtain your consent from you to do so.
Clause 5: Your Responsibility for Unauthorized Transaction
You agree to take reasonable steps to protect your Account and device(s) from unauthorized access. In the event of an unauthorized transaction, you will be held responsible if it is determined that the incident resulted from your negligence or failure to follow security guidelines.
Clause 6: Discretion of the Bank
The Bank reserves the right to limit or cancel your transaction without prior notice and without liability if the Bank suspects that:
- the use of your banking access, username or password may cause losses to you or the Bank;
- the disclosed documents are invalid or fake after your Account has been opened;
- Bank System or equipment malfunctions or are otherwise unavailable for use;
- the Bank finds that the security of your Account is at risk; or
- Any reason which the Bank is required to do so by law.
Clause 7: Exchange Rate
In banking transactions, we may receive an amount in a different currency for credit or debit from your Account including but not limited to a telegraphic transfer or cheque drawn in foreign currency. In this regard, we will convert the amount in a different currency to the same currency of your Account by using the retail exchange rate that we make available for such currency on that day. The rate of exchange offered by the Bank for any transaction is influenced by factors such as the channel used, transaction currency, the amount, the date and time the transaction is initiated and prevailing market conditions. Considering all these factors, you agree to purchase or sell the different currency and accept the exchange rate quoted by the Bank for such a transaction.
Clause 8: Anti-Money Laundering, Terrorism Financing and Sanction Controls
8.1 We are not obliged to do or omit anything if it would, or might in our reasonable opinion, constitute a breach of any applicable laws and regulations on anti-money laundering, combating the financing of terrorism or economic or trade sanctions laws or regulations applicable to us.
8.2 You should be aware that transactions may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach the applicable law or sanctions (or the law or sanctions of any other countries). Where transactions are delayed, blocked, frozen or refused, the Bank and its correspondent banks are not liable for any loss you suffer (including consequential loss) howsoever caused in connection with that transaction.
8.3 You must promptly provide to the Bank all information and documents that are within your possession, custody or control reasonably required by the Bank for the Bank to properly comply with any applicable laws and regulations on anti-money laundering, combating the financing of terrorism or economic or trade sanctions laws or regulations applicable to the Bank.
8.4 You agree and consent that the Bank may disclose any information and documents concerning you and your Accounts to any government authority where required by applicable laws and regulations applicable to the Bank.
8.5 You agree to exercise your rights and fulfil your obligations under this Customer Master Agreement and any other relevant specific terms and conditions in accordance with all applicable laws and regulations on anti-money laundering, combating the financing of terrorism or economic or trade sanctions laws or regulations applicable to the Bank.
Clause 9: Your Liabilities
9.1 You shall be liable for any damage and loss resulting from your Customer Instruction, negligence, fraud or violation of this Customer Master Agreement in connection with your usage of the Bank’s products or services.
9.2 You agree to indemnify and hold the Bank harmless against any claim or damage from any party arising out of or in connection with your usage of any of the Bank’s products or services. You shall compensate the Bank promptly for any amount claimed by the Bank to which the Bank becomes liable due to your Customer Instruction, negligence, fraud, violation of contractual obligation or your usage of any of the Bank’s products or services.
Clause 10: The Bank’s Disclaimer of Liabilities
10.1 Unless due to negligence or willful misconduct by the Bank and its authorized employees, the Bank, its directors, employees and affiliates, shall not be liable for any harm, loss or damage suffered by you or any other person as a result of:
- withdrawal, suspension or cancellation of your initiated transaction or any failure to effect or execute any of the orders or Customer Instructions whether such failure is attributable, either directly or indirectly, to any circumstances or events outside the reasonable control of the Bank;
- any mechanical, electronic or other failure, malfunction, interruption of the Bank’s telecommunication and computer system or other equipment or its installation or operation;
- any incomplete or erroneous transmission of any of your Customer Instruction or order or any error in the execution of any such Customer Instruction or order including any resulting delay, loss, expenses or damages whatsoever incurred or suffered by you as a result thereof;
- any delay, interruption or suspension, however, caused by any third party, including but not limited to service providers or equipment suppliers, which interferes with, affects or disrupts the performance of the Bank; or
- any disruption of service due to force majeure, any incomplete or erroneous Customer Instruction or order made by you, or any error in execution of the Customer Instruction or order caused by you.
10.2 No delay in exercising, nor any failure to exercise, on the part of the Bank, any right under the applicable laws, regulations, the Bank’s internal policies, procedure, guidelines, and these terms and conditions under the Customer Master Agreement shall operate as a waiver of its rights or a consent to breach of agreement by you in all respects.
Clause 11: Complaint Handling
You agree that any complaint or dispute arising in connection with this Customer Master Agreement will be handled in accordance with the Bank’s policy and applicable laws. However, depending on circumstances, the Bank does not guarantee that your issue will be resolved successfully or that your loss can be recovered.
Clause 12: Taxes
12.1 You must comply with your tax payment obligations related to the opening, operation and maintenance of your Account and related to the utilization of our products or services, which extend its coverage to any legal fee as well as timely payment of any proper taxation on its assets held with the Bank. The Bank may deduct the balance from your Account as necessary to be withheld or taxed by the tax authority or for execution of this Customer Master Agreement.
12.2 For any payment payable from you to the Bank, you warrant the Bank will receive unaffected payment, free of tax deduction. The Bank, on the other hand, is not obliged to provide additional fees to cover tax deductions for any payment payable to you.
Clause 13: Confidentiality
13.1 Keeping your information private and confidential is a core principle of the Bank. We commit to putting our best endeavor and making all efforts to ensure that your personal and financial data are protected. You may find full Privacy Policy as scheduled to this Customer Master Agreement.
13.2 To the extent permitted by applicable law, you fully understand that your privacy and confidentiality may not be kept at all the times. The Bank, after exhausting all security safeguards to its best effort, shall not be liable for security of any information input by you to the Bank System via any of your means using mobile banking or internet banking services which are not attributable to the Bank. Therefore, you acknowledge and accept the risk of penetration of unauthorized parties to the information contained in the Bank System. You agree not to hold the Bank responsible for any unauthorized access or any loss or damage resulting from this.
Clause 14: Termination
This Customer Master Agreement is valid from its Acceptance Date and becomes effective from the activation date of respective products and services and continues until either party ends the relationship with the other party.
Clause 15: Assignment
You shall not assign, delegate or transfer in any way your rights and obligations under this Customer Master Agreement, in whole or in part, without prior written consent from the Bank. You agree that the Bank may assign, delegate or transfer in any way the Bank’s rights and obligations under this Customer Master Agreement to any transferee or assignee and you agree that:
- you shall execute such documents as necessary to permit the transfer or assignment and to join the transferee or assignee as a party.
- in the event of such assignment and/or transferring to any person by the Bank, you shall thereafter deal with the assignee or transferee with respect to that matters.
Clause 16: Amendment
Except where specifically stated in this Customer Master Agreement, you understand and agree that the Bank may amend, change, modify, add or remove any part of this Customer Master Agreement at any time by providing a notice to you. Any amendment will become effective upon posting on the Bank’s website and any other applicable Bank Channel as the Bank deems appropriate. By continuing to use our products and services after the amendment takes effect, you are deemed to have accepted the amendment.
Clause 17: Notice and Contact
17.1 Any notice or communication takes effect from the time that it is received or deemed to be received unless a later time is specified.
17.2 Any notice or communication is deemed to be received:
- if posted on the Bank’s website or provided via other communication means deemed appropriate by the Bank;
- if in writing and delivered in person or by courier, on the date it is delivered;
- if sent by post, 03 (three) business days after posting (or 07 (seven) business days after posting if sent from one country to another);
- if sent by telegram, at the time the message appears to be read by the receiver; or
- if sent by email, (a) when the sender receives an automatic message confirming delivery (including out of office or similar messages); or (b) four hours after the time the email was sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered, whichever happens first.
17.3 For any concern or request for any information from the Bank, please contact the following contact:
WING BANK (CAMBODIA) PLC
Address: Wing Tower, Preah Monivong Blvd. corner Kampuchea Krom Blvd.,
Phum 6, Sangkat Monourom, Khan Prampir Meakkakra, Phnom Penh.
Email: care.centre@wingbank.com.kh
Call: +855 23 999 989
Clause 18: Governing Law and Jurisdiction
18.1 This Customer Master Agreement shall be construed, interpreted and governed by laws of the Kingdom of Cambodia.
18.2 Any dispute arising out of or in connection with the Customer Master Agreement, including any question regarding its existence, validity, performance or termination, shall be settled in an amicable manner and to reach an out-of-court resolution as soon as possible. If the parties are unable to reach a resolution within 60 (sixty) days from the date on which the party raises a dispute or controversial issues, the dispute shall be referred to and finally resolved by the competent court of the Kingdom of Cambodia.
Clause 19: Language
This Customer Master Agreement is made in Khmer language and may be translated into various languages as a complementary language for ease of use. If there are any inconsistencies between these languages, the version in Khmer language shall prevail.