This agreement defines the terms of the cash management services (“service” or “services”) offered by Cathay Bank (“we” or “we”). By requesting or registering a service, you accept this agreement. Your use of a service is further proof of your consent to its terms. We will let you know when the services you are requesting will be available. If you request additional services in the future, they will be subject to this agreement, unless we deport you otherwise. Unless otherwise stated in this Agreement, we shall be liable to you only for damages resulting directly from our intention or gross negligence in the performance of services. We are not responsible for losses, delays, costs or liability, to the extent that they result directly or indirectly, in whole or in part, from: (a) to your actions or omissions or to those of third parties who are not subject to our direct and appropriate control; (b) your negligence or breach of an agreement with us; (c) ambiguities, inaccuracies or omissions contained in instructions or information provided to us; (d) errors, errors or delays in the transmission or transmission of data, recordings or objects resulting from a computer or communication device failure; (e) accidents, strikes, labour disputes, disturbances, fires, floods, water damage (e.g. B by firefighting systems) or acts of God; (f) causes that are not under our proper control, including non-enforcement by third parties; (g) the application of a rule, directive, directive or regulation on transfers of state or resources; (h) the lack of funds available in your account to complete a transaction; (i) our inability to confirm the authority of a person acting on your behalf, to our satisfaction; or (j) your failure to follow the software manufacturer`s recommendations or our service instructions. There may be other exceptions to our liability, as stated in your account or other service agreements with us. System security and security procedures. You accept that for any mobile device used by you or your authorized users: (a) the Internet browser software is up to date, (b) the systems are protected by economically reasonable and up-to-date fraud prevention software, c) upgrades to both browser prevention software and fraud are installed regularly; (d) verification of system fraud is carried out on a regular basis by a qualified employee or a third party. ( e) there is a separation of tasks between administrators and users, (f) the software is dealt with only in a secure private network and (g) all identified system security issues are corrected in a timely manner. You may need to prove current viruses and other associated software installations.
You also agree to maintain operational controls and risk management practices that are satisfactory to us and are subject to an annual independent review or self-assessment according to the criteria and formats we have defined and to provide us with a written review or self-assessment on request. You agree to provide us, at our request, an updated financial statement and more information about your financial situation. You agree to work with us in all audits we conduct to confirm your compliance with the conditions you have chosen for each service. Any claim, action or procedure on your part to enforce the terms of this Agreement or to recover a service-related loss must begin within one year of the date of the event which, for the first time, reveals the request, request or procedure. You agree to work with us in all loss hedging efforts we make to reduce losses or responsibilities related to your services. You acknowledge that our service charges were set by: (a) these limitations of our liability; (b) your consent to immediate verification of statements, confirmations and communications and immediate notification of any disagreement or issue; and (c)