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MC
WRITER.BIZ FACILITY
GENERAL TERMS AND CONDITIONS |
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The terms "UCPB", "Bank", "we",
"us", "our", or "branch" in this General
Terms and Conditions, shall refer to United Coconut Planters Bank, a corporation
organized and existing under Philippine laws; while the terms "client",
"you", "your", "yours" or "yourself"
shall refer to a juridical and its duly authorized representative or to
a natural person or persons availing of the MC Writer.biz facility (MC
Writer.biz) described herein, and may be interchangeably used to refer
to the juridical person's authorized representative.
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Section
1. Juridical Person/s |
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In
the case of a juridical person or its duly authorized representative,
by availing of MC Writer.biz described herein, you are declaring to us that you
and/or the person signing and availing of MC Writer.biz in your behalf are duly
authorized by your Partnership and/or your Company's Board of Directors
to avail of and use MC Writer.biz and, hence, enter into a binding agreement
with us and be bound by these terms and conditions; that the person signing
a copy of the MC Writer.biz Facility Memorandum of Agreement (MOA) is/are authorized
by your Partnership and/or your Company's Board of Directors to sign said
MOA and such other agreements or documents related to the availment of
MC Writer.biz.
You agree that before this agreement shall take effect you must submit
to us a sworn certificate, executed by the person(s) authorized by law,
attesting to (i) your authority to avail of MC Writer.biz and such other electronic
banking services offered by the Bank, (ii) the authority of the person(s)
authorized to sign in your behalf, and (iii) your affirmation that you
are holding the Bank free and harmless from any and all liability which
may arise out of or in connection with your use of MC Writer.biz as stated in
Section 10.1 below. |
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Section 2. Natural Person/s |
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In case you are a natural person, you are declaring to us that you are
of legal age, have the capacity to enter into a binding agreement and
agree to be bound by these terms and conditions. In the event that your
account is a joint "Or" account, you warrant that your co- depositor(s)
is/are aware of and agrees that you are registering your joint "Or"
account in MC Writer.biz as described below and you declare under penalties of
perjury that your co-depositor(s) is/are still living. |
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Section 3. Registration to
MC Writer.biz |
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3.1 |
Access to MC Writer.biz requires that you first avail of the Bank's MC Writer
Service. This service enables you to make local currency check payments
to your suppliers and business partners by merely sending your payable
details to us and we shall take charge in preparing the manager’s
checks in time for the pay-out to your suppliers and other business partners |
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3.2 |
To
avail of this service, a MOA needs to be executed between you and UCPB.
The MOA shall outline the different terms and conditions agreed upon by
both parties in availing of the Bank’s MC Writer Service. Aside
from these, the MOA shall specify the account(s) to be debited when processing
the check payments as well as the list of user(s) authorized to access
MC Writer.biz. |
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3.3 |
You
shall maintain a current or savings account in the UCPB branch where you
want the check payments to be processed. You will specify during registration
the account(s) to be used as debit account(s) for the MC Writer Service.
The check payments and corresponding processing fees and/or charges shall
be debited from the enrolled account(s). Any changes in the list of enrolled
account(s) shall be agreed upon in writing by both parties. No check requests
will be processed by UCPB for an account that has not been enrolled in
the MC Writer Service. |
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3.4 |
During enrollment to the abovementioned service, you agree to indicate
the authorized personnel that shall be granted access to MC Writer.biz. You also
agree to supply complete, truthful and valid information about said authorized
personnel. The Bank shall use this information to process your registration
to MC Writer.biz. You attest that the information you supply belongs to you or
are owned by you including, but not limited to, accounts, personal/company
information, valid email address, and agree to supply information as maybe
required by MC Writer.biz. |
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3.5 |
In
case of changes in the originally submitted list of personnel authorized
to access MC Writer.biz (e.g. addition of new users, deletion of existing authorized
user, changes in roles, etc.), you shall notify the Bank in writing of
these changes before its effectivity date. Written notice received after
the effectivity date would be processed by the Bank as soon as possible.
However, you agree to hold us and/or any of our officers or representatives
free and harmless from any delay, loss, liability, demand or claim of
whatever nature due to the use of MC Writer.biz by your resigned and/or terminated
employees that we have not yet dis-enrolled from the system because of
the late receipt by the Bank of the notice. |
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Section 4. Access to MC Writer.biz |
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4.1 |
Use
of MC Writer.biz shall take effect once you receive from us your User ID(s) and
temporary Password(s). As such, you agree to supply complete, truthful
and valid information as required by MC Writer.biz in a timely fashion. |
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4.2 |
You shall be able to access the services available in MC Writer.biz with the
use of a valid User ID and Password. During registration to MC Writer.biz, UCPB
shall provide you and your authorized personnel with User ID(s) together
with a temporary Password. Upon initial log on to MC Writer.biz, the system shall
prompt you to change this temporary Password. Once changed, the new Password
shall only be known to you. |
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4.3 |
All changes you make as to your users' access and in any information required
by MC Writer.biz shall be logged in MC Writer.biz. You agree that UCPB may elect to
send out notifications pertaining to these changes to you or your Company's
officers as part of our audit trail requirements and for the enhancement
of the security features of MC Writer.biz. |
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4.4 |
You
may access MC Writer.biz through the use of the Internet (access via personal
computer). Charges related to connecting to the Internet including but
not limited to, subscriptions, memberships, equipment, networking, and
communications, shall be borne by you. |
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4.5 |
We
reserve the right to cancel your access privilege to MC Writer.biz if, in our
opinion, access to MC Writer.biz is being handled improperly. |
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Section 5. Security for MC Writer.biz |
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5.1 |
Upon initial log on in MC Writer.biz, certain information shall be requested
from you to improve user access security. Said information shall be known
only to the user. In case the user forgets his password, the system can
generate a new password only after the user has successfully entered his
responses to these security questions. |
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5.2 |
You acknowledge and agree that only you and the persons you have granted
access to MC Writer.biz know your respective User ID(s) and Password(s). You
likewise acknowledge and agree that only you and the persons you have
granted access to MC Writer.biz have the sole option to change your respective
Password(s) by using the MC Writer.biz facility anytime you may deem it necessary.
Hence, you and the persons you have granted access to MC Writer.biz guarantee
that you shall keep your respective ID(s) and Password(s) confidential
and that the use of the User ID(s) and Password(s) in any and all transactions
involving your enrolled account(s) shall be deemed by us as having been
fully authorized by you. You agree that the unauthorized use of the User
ID(s) and Password(s) involving your enrolled account(s) by any person
shall be your sole responsibility and liability. |
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5.3 |
You agree to undertake to change your Password from time to time as you
deem necessary or in the event that you feel that your Password has been
compromised.
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5.4 |
All transactions made by you through MC Writer.biz are automatically logged in
MC Writer.biz for audit trail and for the enhancement of the security features
of MC Writer.biz. |
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Section 6. Functions Available
in MC Writer.biz |
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6.1 |
Submit Check Requests - you may use MC Writer.biz to submit online your request
for UCPB to prepare checks. The details of the individual checks to be
prepared may be entered manually or uploaded directly from a pre-formatted
payables file. |
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6.2 |
View/Edit Check Request - you may modify the check requests and payables
details that you have submitted online as well as put on hold or cancel
check requests that have not been approved and released to UCPB for processing |
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6.3 |
Approve Check Requests |
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6.3.1 |
Your
authorized signatories may use MC Writer.biz to approve or disapprove the submitted
check requests. Only check requests submitted online can be approved or
disapproved. |
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6.3.2 |
Only upon
final approval of the check request(s) online would UCPB start the actual
preparation of the checks. Approvals should be received by UCPB at least
two (2) banking days prior to the specified release date of the checks.
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6.3.3 |
You agree
to regularly log in to MC Writer.biz to monitor the status of requests created
by you or your authorized users and to approve said requests. You also
agree that UCPB is not responsible for any delay in preparing and/or releasing
the checks caused by you or your authorized signatories’ late or
untimely approval of the request(s) in MC Writer.biz. |
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6.4 |
Reports
- You can view different reports for monitoring the status of the checks
subject of your requests. These reports can be printed for ready reference
or downloaded as a text file that can be opened using a spreadsheet program.
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6.5 |
The
information displayed in MC Writer.biz is updated by the Bank at the end of every
banking day. As such, there might be some delay of at most one (1) day
in the actual status of the checks that have been processed by the Bank
versus the check information viewed online, e.g. checks processed in the
morning will not be reflected in MC Writer.biz until the next banking day. The
client shall always refer to the date/time the system was last updated
as a guide when viewing information in MC Writer.biz.
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Section 7. Personalization |
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You
may modify your responses to the security questions or change your password
anytime by using the corresponding functions within MC Writer.biz. |
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Section 8. Notification Services
– Email/Facsimile/SMS |
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8.1 |
You
may elect to be notified via Email/Facsimile/SMS of transactions made
through MC Writer.biz or for announcements regarding UCPB or MC Writer.biz. Options
to obtain notifications are available throughout MC Writer.biz and must be setup
by you. |
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8.2 |
Automatic
notifications are sent by the system only as a convenient way to inform
you of transactions prepared online. Delivery of these notifications is
dependent on factors including, but not limited to, equipment, communications,
and subscriptions, and as such, UCPB cannot guarantee that you shall receive
these notifications in a timely fashion. You agree that non-receipt of
the notifications cannot be construed to mean that there are no transactions
prepared online. You agree that you shall be responsible in monitoring
the check requests prepared online as well as in approving or disapproving
said requests in a timely fashion. You also agree to regularly login to
MC Writer.biz to determine the status of your check requests. |
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8.3 |
MC Writer.biz
shall automatically send notifications to the designated email address,
fax number, and/or SMS number you provided. Hence, you agree to ensure
the correctness of the information being entered with regard to your designated
email address and telephone/fax/SMS numbers. You likewise agree that you
shall be responsible in keeping the confidentiality of the information
contained in the notifications sent to your designated addresses/numbers.
The Bank shall not be responsible should third-parties obtain information
contained in said notifications by virtue of your own act or omission. |
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8.4 |
Should
you elect to receive notifications, you agree to purchase and arrange
for the necessary equipment, subscriptions and other paraphernalia necessary
to receive Email/Facsimile/SMS notifications. Your ability to receive
notifications depends on these factors and UCPB does not endorse nor guarantee
any third-party service or product for these purposes. Charges related
to receiving these notifications including, but not limited to, subscriptions,
memberships, equipment, networking, and communications, shall be borne
by you. |
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Section 9. Dis-enrolling from
MC Writer.biz |
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9.1 |
You
may send us a written notice with instructions to discontinue your use
of MC Writer.biz. Upon receipt of this notice, we will dis-enroll the User ID(s)
you use in MC Writer.biz. Once your User ID(s) have been dis-enrolled from MC Writer.biz,
you would not be able to use such User ID(s) to access the functions available
in MC Writer.biz. |
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9.2 |
All
check requests created by a dis-enrolled User ID may still be viewed in
MC Writer.biz. The check requests cannot be modified anymore but can still be
approved or disapproved. However, you would not be able to use a dis-enrolled
User ID to approve/disapprove pending transactions in MC Writer.biz. |
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Section 10. Miscellaneous Provisions |
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10.1 |
You
authorize us to disclose any instruction and/or information to any party
as we may deem it necessary in connection with and relative to the transactions
and activities required in the implementation of MC Writer.biz. |
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10.2 |
You
authorize us to send/dispatch any communication/message, advise, acknowledgment,
and report pertinent or related to MC Writer.biz in the manner we may deem necessary
to the implementation of MC Writer.biz, which you shall consider as a good discharge
of our obligations hereunder and shall not hold us to account for breach
of secrecy or confidentiality should such communications/messages, advises,
acknowledgments or reports be received by or fall unintentionally into
the hands of unauthorized persons. |
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10.3 |
Both
parties rights and obligations relative to the operation and maintenance
of your deposit account(s) with the Bank and the implementation of MC Writer.biz,
including but not limited to the issuance, delivery, release and encashment
of MCs and/or Replacement MCs and the refund of the amount of any Lost
MCs shall continue to be governed by the rules and regulations of the
Bank as they are not inconsistent with the terms and conditions herein
and shall be subject to the laws of the Philippines, the rules and regulations
of the Bangko Sentral ng Pilipinas (BSP), and of any other authority or
entity having the power to regulate financial institutions in the Philippines. |
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10.4 |
By
using MC Writer.biz, you hold us and/or any of our officers or representatives
free and harmless from any delay, loss, liability, demand or claim of
whatever nature due to or arising out of any error or event in connection
with or resulting from the use of MC Writer.biz, including but not limited to
computer error, computer off-line or telephone and/or mobile phone line
interruption, or any other cause not reasonably within our control. You
waive all rights of action against us in connection with the above. |
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10.5 |
Any
and all check requests concerning your enrolled debit account(s) making
use of any of the above-enumerated facilities/services shall be binding
and conclusive upon you. |
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10.6 |
We
may amend any time any of these terms and conditions as we may deem it
necessary for the best interest of both parties; provided, however, that
such amendments shall not be contrary to banking laws and to the rules
and regulations of the BSP. You agree to be bound by such amendments. |
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10.7 |
Either
party may terminate this agreement upon thirty (30) days prior written
notice to the other party. The termination of this agreement shall not
relieve any party of any of its obligations which may have accrued prior
to the effective date of termination. |
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10.8 |
You
agree to be bound by the terms and conditions of the Bank applicable to
either savings or current account, ATM, and Telebanking facilities, which
are made part and parcel of this agreement by way of reference, in so
far as they are not inconsistent. You also agree that in cases where this
agreement may be silent, the usual policies and procedures of the Bank
shall govern. |
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10.9 |
Our
failure to demand strict compliance with any of the terms and conditions
herein stipulated shall not be construed as a waiver thereof. You agree
that any waiver shall be made in writing and signed by both parties. |
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10.10 |
You
agree that all suits arising out of this agreement shall be exclusively
lodged in the proper courts of Makati City, both parties waiving all applicable
venues. |
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10.11 |
Finally,
you acknowledge that you have clearly understood the procedures and terms
and conditions of MC Writer.biz and that you are aware of the corresponding risks
you are exposed to and are entailed in availing of the Bank's MC Writer.biz facility
as described above as well as the other related electronic banking facilities
of UCPB. |
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