Phillip Bank Plc - Phillip Bank Plc

Phillip Bank Plc - Terms and Conditions

These Terms and Conditions govern the use of the Bank's Internet Banking service (as hereinafter defined). They are to be read together with the terms and conditions of the relevant Account(s) (as hereinafter defined) to be linked through the Internet Banking service.

Amendments of Terms and Conditions

The Bank, at its sole discretion, reserves the right to make such changes to the Terms and Conditions in this agreement as well as to any of the Bank’s terms and conditions applicable from time to time without prior notice.
The Bank may notify of any changes by such method of notification as may be decided by the Bank, which may include notification by way of email, by posting on the website or through other digital communications channels or other means we deem fit and you are deemed to accept the changes.

1. Definitions

‘’Bank’’ means Phillip Bank Plc and its related subsidiaries & entities.
“Internet Banking” means Phillip Bank Internet Banking via internet browsers.
“You” and “Your(s),” mean each person with authorised access to your Account(s) who applies and uses the Internet Banking service.
“We,” “Us,” “Ours,” “Bank” and “Phillip Bank” mean Phillip Bank Plc.
“Law” means any law, legislation, regulation, proclamation, ordinance, by law, rule, instrument, official directive, ruling, code of practice, code of conduct or prudential requirement when your account is opened and held with the Bank.
“Account” means every account of any type which is opened by the customer (whether individually or jointly with any other person(s) whomsoever) with the Bank and “Account(s)” means two or more of such accounts
“Joint OR Account” means a bank account opened jointly by 2 or more persons and any banking instructions can be given by any one of the account holders through the Internet Banking service.
“Joint AND Account” mean a bank account opened jointly by 2 or more persons and any banking instructions must be given and agreed to by all of the account holders.
‘’Sanction Person’' means any person that the Bank is prohibited from entering into a relationship with.
‘’Compromised Device’’ means a device that has been infected by malware or has been compromised by hacking activities.

2. Accessibility

Access to Internet Banking service is available to individual account holders. You must also be equal to or over the age of 18. The details of which accounts can be designated for Internet Banking service access are set out in the account’s terms and conditions.
Corporate account holders are required to apply for Internet Banking based on instructions and approval from a Resolution of the Board of Directors of the company or organisation.

2.1. Registration

You are required to have a National ID number or Passport Number and a phone number to register with us for the Internet Banking registration. The Internet Banking can be used on any secured web browsers and can be used with the internet connection on a mobile device running an operating system supported by us.
During your registration process, a one-time-password (‘’OTP’’) will be sent to your phone number registered with us. Therefore, you must ensure your phone number is in-service and available to receive the OTP.

2.2. Joint Account

You acknowledge and agree that, where an application for the Internet Banking service has been accepted by the Bank and that application is in respect of a “Joint OR Account”, each “Joint OR Account” holder shall be jointly and severally liable to the Bank for any instruction effected or performed or processed through the Internet Banking service. You will automatically link your account to the application. For “Joint AND Account” it will be restricted to allow viewing of account statement only. Financial transactions are not permitted.

2.3. Daily Transaction Limits for Internet Banking

The daily aggregate limit is USD 1,000,000.00. However, the limitation amount is not permitted to exceed USD 1,000,000.00 daily per customer for all service combine and each service are limited by the Bank.
You can set your own limits but not exceeding the limits allowed by the Bank. If you want to increase your limits beyond what the Bank allows, you are required to visit any Phillip Bank branch to submit a request form for limits change.

3. Internet Banking Service

New services and products: You acknowledge that the Bank reserves the right to introduce new services and/or products through the Internet Banking service at any time and that by accessing or utilising (or allowing any of your authorised users to access or utilise) such new services and/or products, you shall be bound by the terms and conditions in force governing such new services and/or products.

4. Responsibility and Availability
4.1. Your Liability of Using Internet Banking

You agree and confirm that the Bank shall in no event be liable for any direct, indirect, incidental, punitive, special or consequential damage or economic loss incurred by you, any authorised user(s) or any party whatsoever or howsoever caused arising directly or indirectly in connection with the Internet Banking service, any instruction and/or this agreement, including but not limited to:

(a)   losses, damages or costs arising from or referable to the Instructions given (whether by us, any of our authorised Users, authorised officers, employees, agents, representatives, or otherwise) being incorrect or inaccurate in any manner whatsoever;
(b)   losses, damages or costs arising as a result of use of the Compromised Security Device by any party;
(c)   any delay or failure to send, transmit, receive, confirm or acknowledge any electronic alert;
(d)   messages, security device or anything available under the Internet Banking service for any reason whatsoever;
(e)   losses, damages or costs arising as a result of any service agreement prescribed by telecommunications carriers and/or internet service providers or as a result of any machine, system or communications breakdown, interruption, malfunction or failure, act, default or fault of any telecommunications carriers and/or Internet service providers and/or SMS service providers or operators;
(f)   any error(s) in transmission of the instructions that might have been transmitted through the Internet Banking service or transmission by the Bank of any other data or information through the Internet Banking service; and/or
(g)   damages for loss of profits, goodwill, use, data or other intangible losses (even if the Bank has been advised of the possibility of such damages) arising from or in connection with:

i. any use, inability to use or interruption in the use of the Internet Banking
service for any reason whatsoever; or
ii. any system, hardware, software, telecommunications, server or connection failure, error, omission, interruption, delay in transmission, or computer virus.

(h) an unauthorised transaction which refers to a transaction that is carried out by a third party or another user, beside yourself without your knowledge and consent. The Bank’s system determines your liability for losses resulting from any unauthorised transaction.

4.2. Seeking for Solution

When you or any other user makes a transaction on our Internet Banking services, it is your responsibility to confirm to us the correct amount you wish to pay or transfer, and the correct account number to which you wish to make a payment, a transfer, credited to or debited from.
In the event of a loss of your funds during a transaction, we will use our best efforts to claim or facilitate the recovery of funds on your behalf, but we are not liable for any loss as a result of your mistaken or erroneous transaction. There will be specific fees and charges for the fund recovery process and you, as the claimer, unconditionally agree to pay and indemnify, defend and hold harmless the Bank.
Once we have the information we require and are satisfied that you have made an error in the payment or transfer, we will send a request to the recipient’s financial institution and/or payee’s account holder (if the claimed fund is not yet withdrawn by the account holder) for a refund. We will advise you in writing or via a phone call about the outcome of the request as soon as possible after receiving a response from the receiving party (ies).
In the case of the payee being an account holder of the Bank, we reserve the right, based on the dispute form or phone call from the sender (claimer), to put the disputed funds on hold for investigation and resolution. We will endeavour to keep the holding period as short a time as possible, unless under exceptional circumstances, more time may be required for further investigation, and you will be informed accordingly.

4.3. Refusal of Service

Notwithstanding any right contained in these Terms and Conditions, in the event that you appear to be a Sanction Person, then the Bank may immediately decline to process your Internet Banking application or suspend the provision of a product or service to you or terminate these arrangements with you.
Under such circumstances, the Bank will be not liable to you if we are to exercise our right under this clause and you must pay for any losses, costs or expenses that we incur in relation to any action taken under this clause and the Terms and Conditions of this agreement.

5. Security
5.1. Your Security Obligations

You must take all reasonable precautions to keep safe and prevent any fraudulent use of your computer, laptop, mobile or other electronic devices and your personal security information and passwords. These precautions include but are not limited to:

(a) Never writing down or otherwise recording your security details in a way that can be understood by someone else;
(b)   Not choosing security details that may be easy to guess;
(c)   Taking care to ensure that no one hears or sees your security details when you use it;
(d)   Keeping your security details unique to Internet Banking;
(e)   Not disclosing your security details to anyone, including the police and us;
(f)   Changing your security details immediately, if you know, or even suspect, that someone else knows your security details, or if we ask you to;
(g)   Complying with all reasonable instructions we issue regarding keeping your security details safe;
(h)   Once you have logged into the Internet Banking, please do not leave your logged-in browser or mobile device unattended or let anyone else use your browser or mobile device;
(i)   Logging out of Internet Banking once you have finished using Internet Banking;
(j)   Undertaking reasonable and adequate precautions to scan for computer viruses or other destructive properties.
(k)   Never installing the application from an unknown source

We will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them under any circumstances. Additionally, you should report any such requests to us immediately.
You will be responsible for all instructions given by you or anyone acting on your behalf with your authority between when you log in until you log off the Internet Banking application.
You are responsible for ensuring that the information shown or stored on your mobile phone is kept secure at all times.
Please inform us if you change your mobile phone number for us to update our database. This is for security purposes.
If there has been any unauthorised transactions, errors or incorrectness in your bank account, or loss or theft of your account information or banking document, you need to report this to the Bank as soon as possible and no more than 2 days after the incorrectness, theft or loss is known to you.

5.2. What to Do if There Is A Breach of Security?

If you know or suspect that someone else knows your security details, or has used or tried to use them, or if your mobile device is lost or stolen, you must inform us immediately by calling our contact centre at (855) 86 930 000/89 989 818 (24/7).

5.3. Software, Hardware & Security Devices

You acknowledge and agree that the Bank reserves the right to change the type or versions or specifications of any hardware or equipment that may be required for use of the Internet Banking service, and in the event that such requirements are not met by you, the Bank may reject any instructions sent by you and terminate this agreement forthwith.

6. Abnormal and Unforeseen Circumstances

We are not responsible for:

(a) Abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary; or
(b) The obligations under any law in effect.

7. Variation

We reserve the right to change, modify, delete, amend, add or vary the Terms and Conditions which shall be binding on you without prior notice.

8. International Use

You agree and acknowledge that access to Internet Banking from outside of Cambodia may be subject to, among others:

(a) other fiscal or exchange control requirements of the country where the transaction is effected or requested; or
(b) other relevant laws and regulations of the country where the transaction is effected or requested and the law or regulation is not contrary to Cambodian law.

9. Suspension & Termination of Internet Banking

The Bank shall be entitled:

(a)   in its absolute discretion, to forthwith terminate this agreement or to forthwith deactivate or revoke the Internet Banking service without any reasons at any time.
(b)   to terminate this agreement immediately if you are in default of this or any other agreement with the Bank. The Bank may suspend your usage of the Internet Banking service, while the Bank is investigating whether such default may have occurred.
(c)   may use reasonable endeavours to notify the customer of any termination.

Termination of this agreement shall not affect the on-going operation of any indemnity given by you in respect of this agreement for the Internet Banking service, or affect any right or liability which may have accrued prior to termination.
Immediately upon the termination of this agreement by either party for whatever reason, you agree that:

(a) you shall forthwith cease, and shall ensure that all your authorised Users cease, the use of all security devices and/or the Internet Banking service; and
(b) you shall forthwith return, and ensure that all your authorised Users return all security devices to the Bank.

10. Disputes and Resolutions
10.1. What to Do if You Have a Complaint

If you believe that funds have been lost, there is an error in transactions, or you lose your mobile phone or device, you should call our contact centre immediately. We will investigate and will respond to you. Most problems can be resolved quickly and simply by talking with us.
If the investigation is not completed within this time, you will be informed of the reasons.
If the error is caused by the Bank, we will promptly correct the error and readjust any fee or charge that may have been incurred as a result of the error.
Should any error occurred with your transaction or payment, please call our contact centre immediately at (855) 86 930 000/ 89 989 818 (24/7).

11. Force Majeure

The Bank shall not be responsible or liable to you for:

(a)   any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, virus attack, hacking of computer system, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy;
(b)   delays or failure in performance, whether foreseeable or not; and/or
(c)   any losses, expenses or damages, whether foreseeable or not, resulting from or due to any circumstances or causes whatsoever which are not within the reasonable control of the Bank.

The obligations of the Bank, so far as affected by circumstances or causes beyond the Bank's reasonable control, shall be suspended during the continuance of any delay or failure in performance so caused and such delay or failure shall not be a breach of this agreement.

12. Cancellation

The Bank shall not be obliged to cancel or change any instructions after the same have been transmitted to the Bank. We shall use all reasonable efforts to act on such cancellation or change prior to the Bank's execution of such instructions, but we shall have no liability whatsoever if such cancellation, or change is not effected in time or could not be made.
In the event that the Bank attempts to cancel or change any instructions for your request, you shall be liable to pay all costs and expenses, which are incurred by the Bank.
For the avoidance of doubt, the Bank shall not be taken to have received or been notified of any cancellation or change until the Bank actually receives the notice of cancellation or change from you.

13. Fees and Charges

You agree to pay all fees and charges for the use of the Internet Banking service imposed by the Bank from time to time.
You acknowledge that the Bank reserves the right to vary the fees and charges (including introducing new fees and charges). The Bank may or may not inform you about the change, which is at the Bank’s sole discretion and you shall be bound by those changes.
The Bank is authorised to debit such fees and charges incurred by the customer for the use of the Internet Banking service from any Account(s) (whether single or joint), which the customer has with the Bank.
If there are insufficient funds in your Account(s), the Bank may (but not be obliged to) debit your other account(s) with the Bank (whether single or joint or whether such account(s) are eligible for the Internet Banking service or not) as the Bank may decide but without prejudice to the Bank's right to forthwith cancel all our instructions and terminate this agreement.
You further agree that:

(a) all fees, costs, charges, expenses, interest and other amounts payable to the Bank under this agreement shall be in US Dollars; or in such other currency as the Bank may determine and
(b) you shall pay any goods and services tax or any other taxes, levies or charges whatsoever (collectively "the Taxes") now or hereafter imposed by law or required to be paid in respect of any monies payable on or in respect to the Internet Banking service or pertaining to any instructions carried out pursuant to this Agreement and you shall reimburse the Bank for any such payment by the Bank, which reimbursement shall be made in the same manner and together with the fees or charges to which the taxes relate.

14. Anti-Money Laundering

You agree that the Bank may delay, block or refuse to process any transactions, cancel any access to Internet Banking and/or terminate immediately and without prior notice to you, without incurring any liabilities if the Bank suspects that:

(a) a transaction may breach any laws or regulations in Cambodia or any other country;
(b) a transaction may involve any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States, the European Union or any country; or a transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.

You must provide all information to us which we reasonably require in order to manage anti-money laundering or counter-terrorism financing and economic and trade sanctions risk or to comply with any laws in Cambodia or any other country. You agree that we may disclose any information concerning you to:

(a)   any law enforcement, regulatory agency or court where required by any such law or regulation in
(b)   Cambodia or elsewhere; and
(c)   any correspondent Phillip Bank uses to make the payments for the purpose of compliance with any such law or regulation.

15. Terms of Banking Services

In addition to these Terms and Conditions, you agree that all other terms and conditions applicable to the banking services and/or other arrangements between the Bank and Terms of Banking services will continue to apply in full force and effect.
In the event of any inconsistency between these Terms and Conditions and the terms of banking services, the terms of banking services shall prevail.

16. Governing Laws

The laws of the Kingdom of Cambodia govern these Terms and Conditions. Further, the customer agrees to submit and be bound by the courts of Cambodia.

17. User’s Declaration

I have hereby read and accepted all these terms and conditions.

18. Further Information

For more information about Internet Banking, email us: info@phillipbank.com.kh or contact Phillip Bank's contact centre: (855) 86 930 000 / 89 989 818 (24/7).