Definitions: 1. Bank : Arab Tunisian Bank (ATB) 2. Client: Any person holding an account contracted within the bank books. 3. Working day: All the weekdays, excepting the weekly days off (Saturday and Sunday), public holidays usually days off in the bank as well as cash permanence days. 4. Service : ATBNET and ATB Mobile online bank service 5. Access settings: Identification and password of the client. 6. Authentication parameters :Second password 7. Activation code :Single use code sent by SMS Object The present convention presents the general conditions to use ATB online bank services offered to the registered clients. It aims at setting the rights and obligations of each of the parties: the Bank and the Client. The present general conditions are agreed in compliance with the applicable legal and regulatory provisions. The current functions are in process and will be presented as they are entered into the computer. They may be different according to usual access, allowing one to consult and/or achieve bank operations and transactions related to their account operation. They may be followed by the signature of the additional clause considering the product new specifics and new services. Access and Security Access to the service is reserved to the registered clients. The service is accessible to clients 24 hours a day, 7 days a week. The bank may disrupt the service when works are needed on the bank installations aiming at upgrading the system, repair or maintenance. The ATB bank shall notify all foreseeable interruption to the clients at least two working days in advance, except for emergencies, or when this is impossible due to imperious security reasons. ATB shall reserve the right to execute any modifications and possible adjustment to security instructions. Should the occasion arise, the client shall accept the potential modifications and adaptations introduced to the operation procedures and security instructions the bank will send to him. The client has the choice to access to service, as he likes either by computer and/or mobile terminals. The client is free to acquire or rent the installation or the equipment maintenance and utilization rights of the programs needed for the online bank service exploitation. He has to make sure by himself, under his responsibility, about the equipment compatibility with the service or services offered by the bank. Even though the bank tries very hard to optimize compatibility, it cannot guarantee the operation of the services with all the existing terminals on the market. The bank bears no responsibility relating to any problem arising between the client and the equipment supplier, or even the suppliers of access to telecommunication wire or wireless networks. The bank also bears no responsibility for any problem arising due to a modification in the system or programs of navigation on the internet. The bank bears no responsibility for any possible damage resulting from internet connection. The client is aware that access to online bank services is protected. The client is alone responsible for the security system of his terminal and for any possible fraudulent consultation or manipulation. Access to the service is protected by an identification and a password (access settings), given to the client by the bank following subscription via a secure document. During his first access session the client is invited to change his access settings. Access settings are strictly confidential and personal. The client alone is responsible for their conservation and use. He should try to change them regularly to preserve confidentiality. The access parameters as well as all the operations achieved on the site circulate under encrypted form on telecommunication networks. The client will be informed by the bank, by all means according to the bank’s convenience, about any subsequent modifications operated on the access parameters or their use to keep in line with technological progress. In any case, and whatever the means used, it is expressly agreed that any interrogation or order introduced, after entering the access parameters, is considered as irrefutably made by the client, who accepts that the bank is absolved from any responsibility in case of unjustified or fraudulent order. Access to the service may be disrupted, without any prior notice, in case the client introduces mistaken or erroneous data. The Bank shall bear no responsibility for service irregularity, in case the service is not operational or inaccurate data is entered by the service. The secured mail service offered by ATBNET and ATB Mobile is the secured exchange channel agreed between the Bank and the client. The client should send secured messages to the Bank exclusively via this service. Convention scope The convention allows the client to access all the accounts he holds. Joint account: The convention allows a co-holder of the account to access the service provided the deliberate agreement of all the co-holders. This agreement is applicable to all the services that will be subscribed subsequently, without any need for reiteration. Any revocation of the agreement must be materialized with a written application executed with the agency or by registered letter with acknowledgement of receipt. Related account: The convention integrates the accounts opened in the name of the registered clientas well as any other accounts, which are legally accessible to him. The services The client can access all available information related to the accounts to which he has access as well as the products and services in connection. He can also access information related to the operation of his ATBNET session. Information available on the site takes into consideration the sole operations entered during the session, excepting ongoing operations. It is understood errors and omissions excepted. The client may receive, and he bears all responsibility, personalized information specified according to the Bank events and his use of the service within the framework of the alert procedures implemented by ATB Bank. These alerts may be communicated to him through the various communication channels available to him. Any modifications in the client’s choice will be treated within 48 H working days as of the registration of the new data communicated by the client. ATB Bank commit to do their utmost to guarantee the good running of the alarm and information services in the best conditions possible. Within the framework of general information, the Bank commit to communicate to the client information received from their suppliers renowned for their competence and professionalism. The alerts communicated to the client are simply indicative and are sent according to the criteria selected by the client under his responsibility, without any interpretation or special treatment from the Bank. Prior to any possible use of the information considered as general within an alert system, the client should be attentive to its coherence and its relevance, considering transmission hazards; this implies systematic verification of the concerned event by referring mainly to the other information sources available to him. The ATB Bank, for this end, contract an obligation of means and disclaim all responsibility for any erroneous information or delay in its update by external suppliers and partners. The Bank is not responsible for the information transport, nor for the quality and availability of telecommunication networks. Furthermore, the Bank is not responsible for any disruption in the service following an incidental case or force majeure mainly those resulting from social unrest, even minor, occurring at the Bank or at the level of any other intermediary participating in the operation of these products online, or any defect in electricity supply. On any assumption, to terminate any operation, one should take into consideration the working day following the revocation application and not the date of reception by the Bank of the revocation application. Money transfers are made automatically on the date indicated by the client or the following working day if the transfer is made between two ATB accounts, or in the following two working days if the transfer is made between ATB and another bank. The amount will be debited from the client’s account on the day of the order execution and with the applicable exchange rate. The Bank shall have the right to change the ceiling of money transfers at any time without the client’s prior approval. The client cannot cancel any financial transaction ordered and executed through ATBNET. In order to make transfers to tier parties, the client needs a specific subscription. He will have to choose a second password to confirm the following transactions: a. Money transfers to tier parties. b. Special instructions. Concerning money transfers to tier parties, the client shall assume alone responsibility for any possible mistake occurring when entering erroneous data mainly the bank account details of the beneficiary. a- Opening an account The client may open only saving and/or deposit accounts. He commits to comply with the convention conditions governing the account he opened… Furthermore, the client agrees that the information, the authorized signature and the address of his existing account shall be applicable to the new account opened through ATBNET. b- Stopping payment of a cheque The client may ask to stop payment of a cheque only in the case of theft, loss or bankruptcy of the endorsee. The ATB Bank shall not be responsible in case the drawer requests stopping payment of a cheque for reasons other than theft, loss or bankruptcy of the endorsee as provided for in Paragraph 1 of Article 374 of the Trade Code.The client shall be, in this case, alone responsible for the request of stopping payment of a cheque made outside the reasons above and would bear the consequences of any legal action. A request to stop payment of a cheque made during a holiday shall be taken into consideration the following first working day. The client commits to submit to his agency the copy of the Minutes of the theft declaration or loss made by the economic brigade with his request of stopping payment of a cheque in case of theft or loss and the copy of the judgement declaring the bankruptcy in the case of bankruptcy of the endorsee. c- The transactions: operations on the accounts All the operations accomplished on accounts opened in the name of the client with his access and/or authentication parameters are considered as done by the client himself, excepting when he would have, prior to the operations, ordered to stop payment of a cheque in compliance with the provisions relating to that. Operations accomplished in this way by the client are governed by specific conventions for opening and operating the accounts concerned by these operations mainly relating to prior sufficient and available provision. Prior to any order he may give, the client should ensure that the position of the accounts allow the operations he plans, for this end, he must take into consideration any other orders hemay have given by other means.In the absence of sufficient and available provision on the account, excepting additional conditions agreed, the orders will not be executed. d- Evidence about the operations The orders entered must be authenticated by means of access and/or authentication parameters. The parties accept explicitly that these parameters deemed as true by the parties present evidence about the identity of the order giver, about his agreement to the orders content entered by means of these parameters and about the conformity between the orders given by the client and those received by the Bank. For the bank online services, it is expressly agreed that the data kept by the bank represent evidence for the operations carried out by the client and they could be used, if necessary, in case of dispute. The client is considered to have approved the operations communicated to him within a month as of the date of the account statement. Any claim should be made in writing and submitted, against a discharge, to his agency or to the Bank Head Office, or by registered letter with acknowledgement of receipt addressed to the agency that hosts the account. e- Opposition In the case of loss of password (access and/or authentication) or any other support needed for access to the services the client must immediately inform his agency or the client relation center. Access to the service or services by means of a code will be blocked as of reception of the information by the bank within normal office working hours. The parameters will be automatically modified (re-calculation of access parameters and/or re-start of the authentication parameters). The client is responsible for any damage occurring due to the use of his access and authentication parameters until his declaration at the bank is taken into consideration. Within the two hours following receipt of the opposition request, the client shall not be responsible for any consequences relating to the loss, theft, or fraudulent use of the identification and authenticationmeans, unless ATB brings evidence of neglectful or fraudulent conduct of the client. What is considered notably and certainly as serious neglect is the non-respect of the basic obligations below. f- Money Transfers With ATBNET and ATB Mobile, the client may make transfers from his accounts to tier partiesthat he will have previously added to his list of beneficiaries. Adding a beneficiary for transfers needs an activation. Activation is made via ATBNET by means of an activation code sent by message on the client’s mobile phone. If the client is registered with ATB SMS Banking service, ATB Messenger, the telephone number used by the bank will be used to send the SMS. Otherwise, the ATB will use the mobile phone number provided on the registration form. The confirmation of the transfer order is done by means of a second password chosen by the client. ATB Mobile To use ATB Mobile application, the client needs to activate his mobile phone. Activation is done via ATBNET by an activation code sent on the client’s mobile phone. If the client is registered with ATB SMS Banking service, ATB Messenger, the phone number used by the bank will be used to send SMSs. Otherwise, the ATB will use the mobile phone number provided on the registration form. The client can activate a limited number of mobile phones, which he manages through his ATBNET session. Call Center The Bank put at their clients’ disposal a call center meant to assist them relating to the services offered by ARBNET and ATB MOBILE. By subscribing to the service, the client accepts to be contacted by the call center. Banking secret: Provided the state of technology, confidentiality cannot be guaranteed through several channels. Therefore, subscription to some services using the electric message service implies acceptation by the client of a risk that a non-authorized tier may access confidential information concerning him, and means express authorization by the client to transcript the banking secret. The client should ensure the confidentiality of his access/authentication parameters and that no tier will access them. Duration / Termination: The present convention becomes effective from the signature of the registration form for an unlimited period. The client may, at any time, terminate the convention by notifying his decision to his agency by registered letter with acknowledgement of receipt. Termination becomes effective at the date of reception of termination letter, subject to ending the ongoing operations. The amount relative to the ongoing month fees due/or to be paid at the end of the month. Furthermore, the client may terminate several services or options without having to terminate the present convention. The bank may, at any time, terminate the present convention or just several services or options within the present convention with the condition of a notice of 8 days.However, the present convention may be suspended by the bank, without any formality or notice for security reasons, and terminated without any formality and without notice for serious mistake, evident insolvency, interrupted payment, bankruptcy or liquidation, non-respect by the client of the contract obligations, irregularity, etc. In case of total or partial termination, for whatever motive, the parties must take any useful measure to put an end to the ongoing operations. Finally, the bank reserves the right to suspend without notification or notice the effects of the convention in case of legal action that invalidates the accounts, or in case of opposition by a tier or a co-holder to one or many accounts within the scope of the convention. The termination of this convention has no effect on any other conventions executed between the client and the bank, which continue to be valid according to the identified clauses. However, the termination of the relation leads de facto the termination of the present convention. Price: Subscription to the present convention is subject to the payment of monthly dues as remuneration paid to the bank for the service or services offered. The amount and payment methods of these dues may be modified at any time by the bank. Each change will be communicated to the client three months before being effective; except for termination by the client within two months as of the information, he is considered to have accepted the modifications. Moreover, the client is in charge of the communications costs due to telecommunication network operator. Obligations of the client: The client should keep his access parameters as well as his second password confidential. The client has to pay communication fees for the operations made through the service. The client has the obligation to use the access parameters in compliance with the applicable conditions for distribution and use. Furthermore, the client commits to comply with all security instructions and standards, most particularly he must keep confidential all the elements to be used with the highest circumspection. The client acknowledges to have examined the security instructions and standards at the delivery of the means of identification and authentication. The client must inform the bank about any risk of abuse related to identification and authentication means. To facilitate the service efficiency, the client shall save at irregular intervals his electronic letter boxes. The client commits to check the pertinence of the data to be immediatelynotified to the bank, the possible mistakes and /or aberrations. The client shall inform the bank about the registration on his account statements any operation executed without agreement, as well as any mistake or aberration on his account statements, at his agency or at the bank Head Office, or by registered letter with acknowledgement of receipt addressed to the agency that hosts his account. The clientcommits to inform the proxy or proxies about all the commitments he made within the present convention and binds them to comply with these commitments.The client is always personally responsible vis-à-vis the Bank in terms of full compliance with the commitments within the framework of thisconvention by his trustees. The client commits to, regularly, modify his access and authentication parameters. The client commits to inform the bank, as soon as possible, about the theft or the loss of his mobile phone. Modification of the convention The bank shall be entitled, at any time and by any means, to put forward the modification of the services within this convention.In case of disagreement, the client may terminate the convention simply by sending a registered letter with acknowledgement of receipt. Should he not reply within thirty days as of the offer, the client is considered to have accepted these modifications. Personal data and protection of private life The bank commit to use the nominative information within this convention only to meet regulatory and legal obligations, for the client management or information requirements. Through subscription to ATBNET, the client accepts that these personal data be used by the Bank within the framework of commercial campaign relating to the ATB. The conservation of these data shall be realized in compliance with the provisions of the organic Law n° 2004-63 dated 27/07/04, relating to the protection of personal data.These data may be subject to the privilege of access and rectification, provided for in the above-mentioned Law. The client agrees to the registration of the data related to his person and to the transactions he carries out. TheBank process these data for the following purposes: - Management of the Bank’s clients, - Management of the contracts, - Carrying out statistics and tests, - Informing clients about banking products and services offered by the ATB Bank. - Promotional objectives. Unless done on purpose or serious mistake, the bank shall bear no responsibility if any information related to these general or personalized data reveals to be incorrect, noris it responsible for the use or interpretation made by the client. Contract framework The application for registration to the bank online services attached to the present document, which the client acknowledges and executes, represents the registration file to the service. Legal cometence The Courts of Tunis alone are competent to deal with the disputes that may occur in relation to the present convention.