BizKo Terms and Conditions

These BizKo Terms and Conditions (the “BizKo Online Banking Terms and Conditions” or “Agreement”) set forth the specific terms and conditions which shall govern my use and operation of the BizKo Mobile app, as defined herein, of Bank of the Philippine Islands (the “Bank”), its website, applications and offerings. By availing of or accessing the BizKo Online Banking Services, I (also referred to in this Agreement as the “Authorized User” or “client”) agree to be bound by and accept these BizKo Online Banking Terms and Conditions.

I. Definition

1.1 Unless the context otherwise requires, I agree that the following terms when used in this Agreement shall have the meaning indicated below:

“Authorized User” means the subscriber and/or client given online access to the BizKo mobile app and/or website through the use of his/her Login Credentials.

“Beneficiary Account/s” is the receiving account that is identified by the Authorized User as the account to be credited with the amount specified in the BizKo Online Banking Services or Facilities.

“BizKo Mobile App” or “BizKo” means the software application of the Bank that is designed to run on a smartphone, tablet or such other portable device providing authorized users with services similar to those which can be accessed through personal computers.

“BizKo Online Banking Services” or “Facilities” shall refer to each of BizKo Online Banking Services and/or Facilities, electronically provided by the Bank via access to the BizKo Mobile app or Website, which may be through the BizKo’s website or mobile app, as may be deemed appropriate by the Bank for the purpose.

“BizKo Website” means the transactional website of the Bank <www.bpibizko.com> where an authorized user can log in to use and/or access the BizKo Online Banking Services or Facilities.

“Biometric Login” means one of the Bank’s authentication methods and the Authorized User’s alternative unique identification in place of the Username and Password, which allows the Authorized User to log in to the BizKo Mobile app installed in such Authorized User’s Linked Device via the Authorized User’s biometrics, e.g. the Authorized User’s electronic face identification or any of the Authorized User’s fingerprints, provided that such biometrics are saved by the Authorized User in the said Linked Device’s settings.

“Collection Account” means the Bank account maintained, opened and designated by the Authorized User to receive funds from the Invoice Facility, Request Money Facility, and/or Payment Link Facility.

“Collection Facilities” shall mean the facilities enabling the Authorized User to collect payments from its Customer/s. Such payments would be made by Invoice Facility, Request Money Facility, or Payment Link Facility.

“Customer” means the Authorized User’s clients, customers, debtors, or members who transacts through the Collection Facilities.

“Credit Card/s” refers to the Authorized User’s and/or Customer’s credit card from Credit Card Provider.

“Credit Card Provider” means the provider of a Credit Card Payment Method, including but not limited to, the Credit Card issuer, Visa, Mastercard, and JCB, or such other entities as the Bank may deem appropriate to include.

“Enrolled Account/s” means the Authorized User’s Savings and Current Account/s with the Bank that is/are made accessible to such Authorized User through the use of the BizKo Mobile app.

“e-Wallet” refers to mobile wallets coursing mobile payments, including but not limited to, Gcash and such other mobile wallets as the Bank may deem appropriate to include.

“Force Majeure” means circumstances beyond the Bank’s reasonable control, including, without limitation, acts of God, natural disasters, calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by any person (other than the Bank’s or its officers or employees), epidemics, pandemic, riots, interruptions, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions, and other similar occurrences.

"Intellectual Property Rights" means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Bank's name, duly licensed to the Bank by an affiliate or subsidiary of the Bank or by a third party.

“Linked Device” means an internet-enabled mobile device/s paired with a Username for logging in to the BizKo Mobile app. The linking of the mobile device/s of an Authorized User with his/her Username is authenticated using a One-Time PIN (OTP). Mobile device/s may be linked to only one Username at any given time. As such, only the Username linked via OTP to the mobile device/s may log into the BizKo Mobile app installed in the said mobile device/s.

“Login Credentials” means my Username and Password.

“Mobile Key” means one of the Bank’s authentication methods and the authorized user’s alternative to the OTP to authenticate and authorize online banking transactions, which allows the authorized user to complete his/her transactions using biometrics (fingerprint or facial ID) or a PIN.

“Nominated Account” means any one of the Authorized User’s Enrolled Account/s that the Authorized User has elected as subject of the specific transaction being processed by the Authorized User through the BizKo Mobile app and/or website.

“One-Time PIN” means one of the Bank’s authentication methods and also referred to as the “OTP”, which is a security code that is only valid for a single transaction and is intended to add an extra layer of security. For each transaction wherein the OTP is required by the Bank, the OTP is sent via text message to the Authorized User’s Registered Mobile Number and the Authorized User will be prompted by the online banking facility to directly input the OTP on the space provided therein in order to authorize, confirm and complete the corresponding transaction.

“Originating Institution/Bank” shall mean Bank of the Philippine Islands.

"Password" means a string of special characters, letters, and/or numbers, created and nominated by the Authorized User, which when used in conjunction with the Username, serves as the Authorized User’s unique identification for the purpose of authenticating and accessing any and all the BizKo Online Banking Services.

“Payment Instructions” refer to the instructions created by the Authorized User in the BizKo Mobile app to effect payment.

“Payment Method” means the type of payment method accepted as part of the Payment Link Facility. The Payment Methods available are payment using BPI BizKo, payment using BPI Online, payment via Credit Card (“Credit Card Payment Method”), payment via e-Wallet and interbank networks (Instapay and PesoNet).

“Payment Schedule” refers to the timing when the instruction will be executed. The Payment Schedule is selected upon creation of the payment instruction. There are three (3) types of Payment Schedule, the applicability of which shall be subject to the prescribed guidelines of the relevant facility.

1. Pay Now – means transaction will be executed immediately
2. Pay On – means transaction will be executed at the specified future date
3. Pay Every – means transaction is recurring and will be executed on a regular basis

“Push notification” means an automated message sent to the Authorized User’s mobile device which may include announcements, account and transaction notifications, marketing messages and location-based alerts, among others.

“Registered Mobile Number” refers to the mobile number provided by the Authorized User to BPI and is the mobile number reflected in the Authorized User’s Bank documents, such as the signature card and the personal information sheet, as such documents may be updated by the Authorized User from time to time. Any OTP, as defined herein, to be sent by the Bank will be sent to this mobile number. Local and international mobile numbers may be elected as an Authorized User’s registered mobile number.

"Username" means a string of special characters, letters, and/or numbers in the form of an email address nominated by the Authorized User, which when used in conjunction with the Password, serves as the Authorized User’s single unique identification for the purpose of authenticating and accessing any and all of the BizKo Online Banking Services.

“Bizkey” refers to a unique code nominated by an Authorized User to enable the quick sending and receiving of payments to and from another Authorized User.

1.2 Headings used herein are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted or re-enacted.

II. Agreement Revisions

The Bank may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the Bizko Online Banking Services from time to time (the "Amendments"). shall be notified of any such Amendments via e-mail, posting on the Bank's Website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective. The Amendments will take effect on the date specified in the written notice to me subject to the Bank’s compliance with applicable legal and regulatory requirements, provided any Amendments that are required by law or if, as determined by the Bank, in its sole discretion, the existing Bizko Online Banking Services or this Agreement will result to considerable losses and/or material risks to the Bank, such Amendments may be implemented immediately or as required by law, Continued use of any of the Bizko Online Banking Services will constitute my acceptance of the modifications, amendment or revisions to this Agreement or the terms and conditions applicable to any of the Bizko Online Banking Services.

III. Access to BizKo

Bank has provided sufficient instructions and/or guidelines on how to use BizKo Mobile app and Website under and pursuant to these Terms and Conditions and continues to do so through amendments and supplements from time to time, as well as, the Bank’s rules, regulations, and policies, as communicated through the Bank’s announcements, publications and notifications on the BizKo Website <www.bpibizko.com> and/or through Push Notifications. I understand that it is my responsibility to follow the said instructions and/or guidelines and only after understanding and accepting the said instructions and/or guidelines of the Bank may be eligible to access any of my Enrolled Account/s via the Bizko Mobile app and/or Website with the use of an internet-enabled device, such as, (a) the Linked Device for access to the Bizko Mobile app and (b) a web browser for access to the Bizko Website. I further acknowledge and agree to be responsible for any and all adverse consequences of my access and use of an internet connection and/or the internet-enabled device, or the Linked Device, to access the Bizko Online Banking Services.

3.1 Through the BizKo Mobile app and/or Website, I may be able to access any of my Enrolled Account/s registered in the BPI Online Banking Facility. I may be able to access and use any of my Enrolled Account/s through the BizKo Website and/or the BizKo Mobile app using my Login Credentials or, for the BizKo Mobile app, my biometrics, provided that in the latter case, only if and when Biometric Login is available and enabled.

3.2 Although the Bizko Online Banking Services are designed to be accessible seven (7) days a week, twenty four (24) hours a day, I understand and accept that, at certain times, with or without prior notice to me, any one, some or all of Bizko Online Banking Services may not be available due to Force Majeure, system maintenance or system downtime. Provided, that scheduled system maintenance shall be priorly announced to the public through the Bank’s official website, news outlets, the Bank’s social media accounts, or any of the Bank’s official communication channels. In no event shall the Bank be held liable for any delay, non-performance or failure to perform any of its obligations under this Agreement, as well as any and all claims, liabilities, costs, payments, damages and expenses, for reasons due to, arising from or in connection with, directly or indirectly, any such Force Majeure, scheduled and announced system maintenance or system downtime.

3.3 For purposes of dating my BizKo Online Banking Services transactions, I understand that a bank cut-off time has been implemented. All transactions done before the designated bank cut- off, as stated in this Agreement or as otherwise determined by the Bank, will be posted to my Nominated Account on the same day. Transactions after cut-off on a banking day or those completed on a Saturday, Sunday or bank holiday will be posted on the next banking day.

3.4 I further agree that once I register with BizKo Online Banking Services, my savings and current accounts with the Bank shall become Enrolled Accounts that may be viewable whenever the Bizko Mobile app or Website is accessed using my Login Credentials or Biometrics Login.

3.5 As the Bank may require me to input an OTP in order for me to complete my transaction/s via any, some or all of the BizKo Online Banking Services, I agree to immediately update the Bank of any changes to my Registered Mobile Number in accordance with the Bank’s information updating guidelines. I understand and agree that it is my obligation to verify and, if necessary, correct in accordance with the Bank’s established guidelines and procedures the mobile number reflected in the Bank’s records as my Registered Mobile Number. I hereby agree that in no event shall the Bank be held liable for sending any such OTP/s to the mobile number reflected as my Registered Mobile Number in the Bank’s records at the time the Bank sent such OTP/s.

3.6 The Bank reserves the right and is authorized, in its sole discretion, to hold and/or initiate reversal of a transaction and debit and/or cause the debiting of my Account/s at any time and with notice in case (i) a deposit, credit or any inward flow of funds appears to be due to an error or mistake; (ii) there is a written claim that said transaction is a result of a fraudulent act and there is reason to believe that such deposit, credit or any inward flow of funds to my Account is attended by error, mistake or is a result of a fraudulent act which I may or may not be a party of; (iii) when the purpose claimed by the person depositing, sending or crediting funds to my Account is contradictory to what I declare and/or have declared as purpose or reason for the deposit or funds transfer; or (iv) such other circumstances or cases analogous or similar to any of the foregoing. The foregoing shall be without prejudice to the Bank’s right to close or terminate my Account in accordance with the Terms and Conditions governing the Bank’s Products, Services, Facilities and Channels and this Agreement.

IV. Use of Password, Login Credentials, Biometric Login, Mobile Key, One-Time PIN, and/or other applicable Bank authentication methods

4.1 I agree not to let anyone know of my Password which is known only to me. As such, any transaction using my Password shall be binding on me. I further acknowledge and agree that the Bank shall not require me to divulge my Password through phone call, text or e-mail to any person or to any entity. My Password is only required to be provided when I access the Bizko Mobile app, the Website, and/or whenever I avail of the Bizko Online Banking Services using the Bizko Mobile app or Website through my Linked Device and the Bizko Website.

4.2 I acknowledge and agree that all transactions that involve the use of and/or access to my Account are subject to additional security measures imposed by the Bank, including, but not limited to, the use of my Login Credentials, Biometric Login, Mobile Key and/or OTP to authenticate and authorize the transactions. All transactions undertaken through the Bizko Mobile app or Website using my Login Credentials, Biometric Login, Mobile Key, OTP and/or any of the Bank's applicable authentication method/s, are binding on me.

4.3 I agree to secure at all times all my Linked Devices and immediately inform the Bank through its established guidelines and procedures if any of those devices are no longer in my possession.

4.4 If Biometric Login is enabled on my Bizko Mobile app, I agree that any biometrics saved in my Linked Device's settings can be used to access Bizko and my Enrolled Account/s. I agree to assume full responsibility for all the biometrics enrolled in my Linked Device and for the Linked Device into which my biometrics is saved.

4.5 I further agree and undertake to change my Password from time to time as I deem necessary in order to fully safeguard and ensure the security of my access to the BizKo Mobile App or Website. Should I determine that my Password has been compromised, I shall immediately change my Password through BizKo’s Forgot Password facility and/or immediately inform the Bank through its established guidelines and procedures.

4.6 I agree that the Bank, at its sole discretion, is entitled to rely and act upon the instructions received via the Bizko Mobile app or Website which the Bank may have reasonably believed to have emanated from me by virtue of the use of my Login Credentials, Biometrics Login, Mobile Key, OTP and/or any of the Bank's applicable authentication methods.

4.7 I acknowledge and agree that the transmission of OTPs via SMS may not be secure, may fail or may be delayed or interrupted from time to time due to telecommunication network failure and/or interconnectivity issues of the telecom service provider.

4.8 As a newly enrolled Authorized User of the BizKo Online Banking Services, I understand that there shall be a 48-hour cool off or verification period before I shall be allowed to do outgoing transactions on the BizKo Mobile App or BizKo Website.

V. Continued Use

My continued use, operation or access of any or all of the BizKo Online Banking Services shall constitute my acceptance of this Agreement and any Amendments governing the BizKo Online Banking Services including the applicable Fees and requirements that may now or hereafter be imposed by the Bank from time to time.

VI. Sufficiency of Terms and Condition

The Terms and Conditions governing the BizKo Online Banking Services shall likewise govern the upgraded/expanded/improved/modified versions of the Facilities. By using or continuing to use any or all of the Facilities, I agree to the Terms and Conditions covering the updated/expanded/improved/modified versions of any or all of the BizKo Online Banking Services and any Amendments, as applicable.

VII. Rules on Bank Accounts

I likewise agree to abide by and comply with all applicable laws, banking regulations, requirements, rules, policies, procedures and the Terms and Conditions governing the Bank’s Products, Services, Facilities and Channels maintained (the “Accounts”) to continue my access to and use of the BizKo Mobile app or Website.

VIII. Performance

The implementation of the Bank of its standard operating procedures and guidelines for maintaining the efficiencies of the BizKo Mobile App or Website and ensuring the integrity, authenticity and confidentiality of information relating to its customers, shall constitute fulfillment of its obligation to perform in good faith and with reasonable care the use and operation of the BizKo Online Banking Services.

I agree that the Bank shall not be responsible for any loss or damage incurred for any reason or as a consequence of:

a) breach of security resulting in an unauthorized person gaining access to or making use of the BizKo Mobile app or Website and its Facilities, except where such breach is directly a result of the Bank’s gross negligence or willful misconduct;
b) my misuse of the BizKo Mobile App or Website and its Facilities;
c) inaccurate information I have provided;
d) unauthorized or incomplete authorization of my transactions.

I agree and consent that the Bank will not be responsible or liable for any delay, non-performance or failure to perform any of its obligations under this Agreement for reasons due to, arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by a party other than the Bank, its officers or employees, epidemics, riots, interruptions, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions.

IX. Outsourced Service Provider

I authorize the Bank to engage its Affiliates and Outsourced Service Providers (as defined herein) to perform (whether within or outside the Philippines) data processing, collection, consolidation, storage and such other services in connection with my Enrolled Account/s, the BizKo Online Banking Services and this Agreement.

I likewise authorize the Bank to outsource under a duty of confidentiality, the performance, in whole or in part, of the services or Facilities under this Agreement to its Affiliates and Outsourced Service Providers in connection with the foregoing purposes.

X. Reliance

I authorize the Bank to rely and act upon my instructions received by any means (such as electronic instructions, telephone, telex, telefax or electronic mail) in accordance with the Bank's operating procedures or system requirements. I shall be liable for any direct expense, loss or damage incurred by the Bank due to the Bank's reliance on and/or by acting upon my instructions. 

XI. Indemnification and Limitation of Liability

I agree to hold the Bank, its Affiliates, and their respective directors, officers, employees, representatives, agents and Outsourced Service Providers engaged by the Bank, whether within or outside the Philippines, free and harmless and indemnified from and against any liability, costs, damages, claims, losses or dispute which may arise in connection with the implementation of the BizKo Online Banking Services or this Agreement or any authorities provided by me to the Bank

The Bank shall not be liable for any losses or damages resulting from circumstances over which the Bank has no direct control, including, but not limited to, my linking of my Linked Device, unauthorized access to any OTP sent to my Registered Mobile Number, my disclosure of my personal information, Login Credentials, OTP to other persons – regardless of whether such disclosure was intentional or inadvertent, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, pandemics, epidemics, government actions, severe weather, earthquakes, floods, fire or other such other similar events.

The above indemnity and limitation of liability do not apply if the loss or damage incurred or suffered by me is solely and directly caused by the gross negligence or willful misconduct of the Bank.

To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, exemplary, Incidental or punitive damages, including but not limited to lost profits or actual or anticipated revenue, lost opportunities and business interruption, howsoever caused, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, arising out of or in connection with the access to or use of the Bizko Mobile app or Website, the Bizko Online Banking Services, this Agreement or its termination, and irrespective of whether I have advised the Bank of the possibility of any such loss or damage.

XII. Suspension and Termination

This Agreement takes effect upon its execution and complete submission of the documentary requirements prescribed by the Bank for the purpose and shall continue to be in full force and effect unless sooner terminated by either party upon thirty (30) calendar days prior written notice to the other party.

The Bank reserves the right, in its absolute discretion, to suspend or terminate the BizKo Online Banking Services, the Facilities and/or this Agreement immediately without prior notice if:

a) the Authorized User commits a breach or violates any provision, term, condition, or obligation under this Agreement which is incapable of remedy;
b) the Authorized User fails to perform or comply, in a material respect, with any provision, term, condition, or obligation contained in this Agreement or any other documents executed or submitted in connection herewith which is remediable but continues to be unremedied for a period of thirty (30) days after receipt of a notice from the Bank;
c) the Authorized User’s breach of any provision, term, or condition of this Agreement results or will result in considerable losses and/or risks on the part of the Bank, in its sole determination;
d) the Authorized User’s use of the BizKo Online Banking Services and/or Facilities poses a security threat;
e) the Authorized User provided information that is untrue, inaccurate, not current or incomplete;
f) the Authorized User's use of the BizKo Online Banking Services and/or Facilities constitute a violation of law, including, without limitation, the provisions of the Anti-Money Laundering Act, its revised implementing Rules and Regulations (IRR) and Bangko Sentral ng Pilipinas (BSP) Circular No. 706, as the same may be amended or supplemented from time to time (collectively, the “AMLA Rules”);
g) in the opinion of the Bank, the Authorized User used or is suspected to have used the BizKo Online Banking Services and/or Facilities for fraudulent, criminal or unlawful activities; or
h) such other analogous instances which, in the Bank’s sole determination, would warrant immediate termination of the BizKo Online Banking Services, the Facilities or this Agreement.

XIII. Consent to Disclosure

I acknowledge and agree that the updated information related to me, my business, transactions, credit relationships and Accounts which I have provided, made available to or in the possession of the Bank or any of its Affiliates (collectively, the “Information”) or updated from time to time, may be collected, used, stored, consolidated, processed, profiled, benchmarked, disclosed and shared to or by the Bank or by and between the Bank or any member of the BPI Group of Companies, its successors and assigns, for any or all of the following (the “Purposes”):

a) To approve, manage, facilitate, administer, implement and provide the BizKo Online Banking Services and/or Facilities I have availed and/or selected;
b) To comply with the Bank’s operational, audit, administrative, credit and risk management processes, policies and procedures, the Terms and Conditions governing the Bank’s Products, Services, Facilities and Channels, the Bangko Sentral ng Pilipinas (BSP) rules and regulations, legal and regulatory requirements of government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;
c) To comply with applicable laws of the Philippines on the prevention of money laundering and the implementation of know your customer and sanction screening checks;
d) To develop and enhance product, business and customer offerings of the Bank and/or its Affiliates, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, planning and research;
e) To pursue marketing, sales, promotional, advertising and business initiatives (the “Marketing Initiatives”), which may include the development, formulation, dissemination, distribution and rollout of Marketing Initiatives information, materials, documents or brochures relating to the products, services, events, promotions, programs and offers, of the Bank or any of its Affiliates (the Bank and its Affiliates are collectively referred to as the “BPI Group of Companies” and, individually, “member of the BPI Group of Companies “ ) or those provided by third parties which the Bank or any member of the BPI Group of Companies, under a duty of confidentiality, has contracted with through a partnership, joint venture, servicing or tie- up arrangement in connection with the Marketing Initiatives (the “Program Partners”);

For purposes of this Agreement, “Affiliate” means a corporation, partnership or other form of association which is directly or indirectly Controlled by the Bank. The term “Controlled” shall mean (i) ownership of at least twenty percent (20%) of the total issued and outstanding capital stock in such corporation or association, or (ii) the right to elect at least twenty percent (20%) of the number of directors in the corporation or association, or (iii) the right to cause the direction of the management and policies of such corporation, partnership or other form of association, whether through the ownership of shares, directorship, management, community of interest or contract.

f) To carry out, fulfil and complete my transactions in connection with the Bank’s performance of the services, the Facilities and this Agreement. Pursuant to the foregoing Purposes, the Bank may share and disclose my Information, whether within or outside the Philippines, under a duty of confidentiality:

i. to other members of the BPI Group of Companies;
ii. to the Bank’s directors, officers, employees, professional advisers, legal counsels, auditors, joint venture partners, loyalty program partners, agents, representatives, service providers and third parties providing services to the Bank on a “need to know” basis;
iii. to credit information companies, credit bureaus, the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations), financial institutions, banking and credit industry associations, credit protection provider or guarantee institutions, brokers, insurers and underwriters in relation to my availment of credit facilities of the Bank, if any (collectively, the “Credit Entities”);
iv. to any judicial, governmental, regulatory or supervisory body of the Philippines or those of other jurisdictions, including exchange of information among tax authorities in compliance with FATCA, as the same may be amended or supplemented from time to time;
v. to any potential transferee or assignee of the Bank’s rights and/or obligations under the relevant contracts or agreements or in connection with any sale, acquisition, merger or consolidation of any member of the BPI Group of Companies;
vi. to representatives, agents or service providers engaged by the Bank or by any member of the BPI Group of Companies to perform (whether within or outside the Philippines) data processing, collection, consolidation, storage and such other services in connection with the Accounts, the BizKo Online Banking Services and this Agreement (the “Outsourced Service Providers”);
vii. to representatives, agents or service providers engaged by the Bank, by any member of the BPI Group of Companies or by Program Partners, whether undertaken individually by the Bank or by each member of the BPI Group of Companies or pursued by members of the BPI Group of Companies together or with Program Partners under a joint venture initiative, servicing agreement, cross- selling arrangement, loyalty or promo program or any project undertaking on a collective or tie-up basis, in connection with the Marketing Initiatives, and
viii. to such other persons or entities that the Bank or any member of the BPI Group of Companies or the Credit Entities, if applicable, or the Outsourced Service Provider may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.

The foregoing constitutes my express consent under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions, including without limitation, the provisions of RA No.1405 (The Law on Secrecy of Bank Deposits), RA No. 6426 (The Foreign Currency Deposit Act), RA No.10173 (Data Privacy Act of 2012), RA No.8791 (The General Banking Law), RA No.9510 (Credit Information System Act) (collectively, the "Bank Secrecy and Privacy Laws") and I agree to hold the Bank, each member of the BPI Group of Companies, successors and assigns and their respective directors, officers, employees, authorized representatives, agents and service providers free and harmless from any and all liabilities, claims, damages, suits, costs and expenses resulting from or in connection with the implementation of the Purposes and authorities conferred under this Agreement except as otherwise provided in Section XI (Indemnification and Limitation of Liability).

The Bank’s Data Privacy Statement which explains how it collects, protects, uses, shares, consolidates and stores information (including personal information) is published at www.bpi.com.ph and deemed incorporated by reference in this Agreement. The Bank acknowledges and agrees that, in the course of implementing the use of BizKo Mobile app, BizKo Website, BizKo Online Banking Services and/or Facilities, it may receive or have access to my personal information, business information, beneficiaries and customers. As used in this Agreement, the term “personal information” shall have the meaning ascribed to it under RA No.10173 (Data Privacy Act of 2012). The Bank agrees to comply at all times with the requirements on the collection, processing and handling of personal information under the (Data Privacy Act of 2012 and its implementing rules and regulations.)

For the avoidance of doubt, to the extent that applicable confidentiality, bank secrecy or other laws impose non-disclosure requirements on certain relevant information but permits a party to waive such requirements by written consent, the express consent provided herein shall constitute my consent for purposes of such applicable laws. Any agreement between me and the Bank to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of my Information authorized under this Agreement.

XIV. Intellectual Property Rights

All Intellectual Property Rights arising from or in connection with the BizKo Mobile app or Website are owned by the Bank or the relevant third party. I agree not to do any act or thing inconsistent with the Bank’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Bank’s or such third party’s Intellectual Property Rights, I agree to promptly notify the Bank and take reasonable action as the Bank shall direct in relation to such infringement. I agree not to engage in any activity or commit any act, directly or indirectly, that may contest, dispute, or otherwise impair the Intellectual Property Rights of the Bank (or its licensors).

XV. BizKo Online Banking Services/ Facilities

Subject to these BizKo Online Banking Terms and Conditions, I acknowledge that I may avail of the following BizKo Online Banking Services, as these may be amended, modified, supplemented or discontinued from time to time.

15.1 SERVICES/FACILITIES - The Bank may make available such services/facilities on the BizKo Online Banking Services as it deems fit. The Bank reserves the right to amend, modify, supplement and/or discontinue these services/facilities from time to time and to impose reasonable fees.

15.2. ACCOUNT PORTFOLIO - I can view the balance of each of my Enrolled Account/s as of the date and time of my inquiry.

15.3 TRANSACTION HISTORY - I can view a summary of transactions made within seven (7) days in each of my Enrolled Account/s as of the date and time of my inquiry.

15.4 STATEMENT OF ACCOUNT – Through the BizKo Mobile App or Website, I can access the transactions of my Enrolled Account/s, or download available Statements of Account/s online.

15.5 FUND  TRANSFER  TO  BPI  ACCOUNTS,  FUND  TRANSFER  TO  OTHER  BANK  ACCOUNTS  AND  PAY EMPLOYEES/PAYROLL

15.5.1 I shall be responsible for the amount/s paid or transacted through the Facilities. I shall ensure that all data and information provided in the Facility/ies, including, but not limited to, the following are true, correct, complete and accurate:
-- Nominated Account
-- Amount to be transferred / paid
-- Beneficiary Account Details (Name and Account Number)

15.5.2 I authorize the Bank to rely upon and implement the payment/s instruction received from me.

15.5.3 I acknowledge that the Bank may process my payment/s instruction in accordance with its policies and procedures including BSP Circular No. 980 and any amendments thereto.

15.5.4 I acknowledge that there shall be no reversal of completed transactions. When the Originating Institution/Bank has debited the amount subject of the payments and service fee from the Nominated Account, and the Receiving Institution/Bank has credited the Beneficiary’s Account, the payment/s is/are deemed completed.

15.5.5 Sending payment/s shall be subject to the Bank’s prescribed cut-off times and processing schedules. The Bank may impose a limit on the amount of funds and the number of times that I can make a payment/s within a certain period or at the Bank’s discretion. Transaction/s made after the Bank’s designated cut-off time(s) shall be considered transactions of the following banking day.

15.5.6 I shall ensure that the Nominated Account is sufficiently funded to fulfil the payment/s and answer for the service fees imposed by the Originating Institution/Bank. In case the Nominated Account is not sufficiently funded, the Bank shall not process or act on the requested payment/s. In all cases, I shall be responsible for making alternate arrangements for the payment/s.

15.5.7 I represent and warrant that I am compliant and shall continue to comply with all applicable laws, rules, policies and regulations including provisions of Republic Act No. 9160 (Anti Money Laundering Act of 2001), as amended (“AMLA”) and the Bank’s terms and conditions, requirements and procedures in relation with the Payment Instruction. In this regard, I agree that the Bank may require me to submit additional information and/or supporting document/s, as it may deem appropriate, within the timeframes specified, to verify my compliance with the law, rules and regulations, and/or may file necessary reports in compliance with AMLA. Should I fail to provide the required information, the Bank may refuse to process payment/s.

15.5.8 In the event the Payment/s instruction is cancelled due to reasons, such as, but not limited to, the following: i) sanctions screening; ii) wrong currency; iii) incorrect beneficiary details; iv) client initiated cancellation; v) and/or any other reason decided by the Bank and its regulators, any refund by the Bank will be processed net of costs incurred by it.

15.5.9 The ePayroll Accounts – Accounts opened under the service herein offered (“ePayroll Accounts”) shall have the features as described below: 

 

15.5.9.1 I agree to submit to the BANK, the ePayroll Application List using the BANK’s form, which shall contain the required information (such as the Last Name, First Name, Birthdate, Mobile Number, Email Address, employee ID) of each of my EMPLOYEE to be endorsed for ePayroll Account opening. Submission of the ePayroll Application shall be by way of emailing the list emailing to Bizko@bpi.com.ph.

15.5.9.2 The details I provide in the ePayroll Application List shall be pre-encoded in the EMPLOYEE’s application form, and as such, may only be confirmed, but not edited, by the EMPLOYEE during his digital application process.

15.5.9.3 I shall be responsible for ensuring the accuracy, completeness, and integrity of the data encoded in the ePayroll Application List. I warrant and certify that every individual endorsed for ePayroll Account opening through the ePayroll Application List is my bona fide employee.

15.5.9.4 I shall be solely responsible for the data transmitted to the BANK via my registered email address, before it reaches the BANK’s custody.

15.5.9.5 I authorize the BANK to rely upon and implement, without liability, all written instructions received from my registered email address. For this purpose, I agree to hold free and harmless and indemnify the BANK for any expense, loss, or damage incurred by it due to the BANK’s reliance on the information provided by me and/or for acting upon my instructions through the use of my registered email address or otherwise.

15.5.9.6 In consideration of the BANK’s performance of the service, I agree to indemnify and hold the BANK, its subsidiaries and affiliates, its respective directors, officers, employees, representatives, agents, and outsourced service providers, free and harmless from any liabilities, costs, claims, losses, damages, or dispute which may arise from or in connection with the performance of the service.

15.5.9.7 I recognize the following rights of the BANK:

1. To close the relevant ePayroll Account if the EMPLOYEE fails to pass the BANK’s KYC parameters due to, among others, the inaccuracy, misrepresentation, omission or falsity of the information supplied, or issues in the establishment of the EMPLOYEE’s identity;
2. To request the immediate submission of additional documents for the fulfillment of KYC procedures as exigencies arise (i.e., upon audit requests), and to terminate the relevant ePayroll Accounts in case of non- compliance;
3. To close the ePayroll Account at any time without liability, subject to reasonable notice to me and the EMPLOYEE, in case (i) I or the EMPLOYEE provides false information or made a misrepresentation to the BANK; (ii) I or the EMPLOYEE submits false, forged or misleading documents or information; (iii) the ePayroll Account is involved or used or suspected to be involved or used for any fraudulent, illegal, criminal or unlawful activities; or (iv) the BANK, at its sole option and discretion, has determined that maintaining the ePayroll Account is not in its best interest;
4. To convert the ePayroll Account into a regular deposit account if no payroll credits are made to the account for a period of two (2) consecutive calendar months.

15.5.9.8 In consideration for allowing the opening and maintenance of the ePayroll Account, I represent and warrant to the BANK on a continuing basis:

1. That every individual I have endorsed for ePayroll Account opening through the ePayroll Application List is my bona fide employee;
2. that all necessary authorizations and consents as may be required by applicable confidentiality and data privacy laws or agreement, has been obtained by me prior to submitting to the BANK information of the EMPLOYEE to enable the BANK to process the information necessary for my use and availment of the service; and,
3. that I have taken steps to identify my EMPLOYEES and verify their identity on the basis of documents, data and information obtained from the EMPLOYEES and from reliable independent sources, and that I have (i) in place appropriate systems and methods and (ii) adequate internal controls in compliance with the AMLA and other AMLC issuances, for verifying and recording the true and full identity of my EMPLOYEES upon establishment of the employer-employee relationship.

15.5.9.9 When so requested, I shall make available to the BANK within three (3) days from the date of such request, identification documents of the EMPLOYEES. The services/facilities shall be subject to periodic review to ensure compliance with the BANK’s policies and procedures, as well as with BSP rules and regulations and applicable laws.

15.5.9. 10 DATA PRIVACY for ePayroll 

As the services/facilities involves the processing of personal data provided by me to the BANK, making me a Personal Information Controller (PIC) and the BANK a Personal Information Processor (PIP), I agree to comply with Republic Act No. 10173 or the Data Privacy Act of 2012 (“Data Privacy Act”), its Implementing Rules and Regulations (“IRR”), and other issuances of the National Privacy Commission (“NPC”), including putting in place adequate safeguards for data privacy and security.

The following are the categories of personal data to be processed:

• Name
• Contact Details (phone, mobile, address)
• Financial Information (bank account information, salary)
• Government Identifiers (SSS, TIN, GSIS, Passport, UMID)
• Demographic Information (age, gender, civil status)

I, as PIC, shall:

a. be responsible for making sure that I have collected, processed and shared the personal data of the data subjects lawfully and in accordance with Data Privacy Act, its IRR, and other issuances of the NPC.

b. prior to collecting, processing, or sharing of personal data from the data subjects, I shall ensure and undertake to obtain the consent of the data subjects, as may be required by law.

c. ensure and undertake to inform the data subjects of the following information prior to collection or before personal data is shared: (i) the purpose for collecting personal data and data processing and/or sharing; (ii) intended recipients or categories of recipients of the personal data, if any; and (iii) other information that would sufficiently notify the data subject of the nature and extent of data sharing and the manner of processing.

The BANK, as PIP, shall:

a. observe security measures to maintain the confidentiality and ensure compliance with practical security requirements.

b. ensure that its employees, agents, or representatives who are involved in the processing of personal data shall participate in privacy and information security trainings; and

c. notify the BIZKO USER within forty-eight (48) hours upon learning of any data security incident or breach.

The BANK’s Data Privacy Statement which explains how it collects, protects, uses, shares, consolidates and stores information (including personal information) is published at www.bpi.com and deemed incorporated by reference in this Agreement.

15.6 PAY BILLS AND PAY GOVERNMENT FACILITY

15.6.1 When availing the Pay Bills and/or Pay Government Facility, I can pay merchant/s and/or government agency/ies on a real time basis. Posting of payment/s may differ depending on the merchant/s or government agency/ies prescribed cut- off time. The specific cut-off time are listed in www.bpibizko.com I agree that I can enroll merchant/s or government agency/ies through the BizKo Facilities.

15.6.2 Only cleared and withdrawable balances of my Nominated Account shall be available for such payment. In case of insufficient funds in my Nominated Account, my payment request shall not proceed.

15.6.3 The Bank is authorized to disclose to any of the merchant/s government agency/les relevant information pertaining to me, my account/s, and/or my transactions, as may be necessary for the processing and implementation of my requested transactions under the Pay Bills and/or Pay Government Facility. For this purpose, I agree to hold the Bank free and harmless and indemnified from any and all liabilities, claims, demands and suits of whatever nature, arising out of or in connection with the Bank’s disclosure of my deposit account information, transactions and/or personal information, except as otherwise provided in Section XI (Indemnification and Limitation of Liability).

15.6.4 Specific requirements, guidelines and/or restrictions imposed by the merchant/s or government agency/ies in relation to Pay Bills or Pay Government Facility payments (i.e payment shall be for current / due bills only) are listed in <www.bpibizko.com>.

15.6.5 The Pay Bills and/or Pay Government Facility arrangements between the Bank and any of the merchant/s and/or government agency/ies may be cancelled and/or terminated at any time by either party without notice to me.

15.6.6 The Bank may, at its absolute discretion, reverse a Pay Bills and/or Pay Government transaction in case of system- related technical issues.

15.6.7 I agree that the Bank may, at its sole discretion, impose limits and restrictions on the currency of the funds that can be paid to a merchant/s and/or government agency/ies via the Pay Bills or Pay Government Facility.

15.6.8 Payment procedures/stipulations imposed by such merchant/s and/or government agency/ies consistent herewith or with any of the terms and conditions hereof or any related documents or instruments governing the Bank's products, services, facilities and channels, shall be incorporated herein and made part of this Agreement in so far as my transactions with such merchant/s and/or - government agency/ies are affected and only in instances where these are applicable. However, the Bank shall not be bound by any such terms and conditions unless otherwise expressly stated by the Bank.

15.6.9 Unless the loss or damage incurred is solely and directly caused by the gross negligence  or willful misconduct of the Bank, I shall hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any payments made by me through this Pay Bills and/or Pay Government Facility, including, but not limited to, payments which I may make by mistake or for any payment contrary to the requirements stated in the paragraphs above, such as, discrepancy/les between the billing amount and the paid amount and/or discrepancy/ies between the reference number and the payor name, or in connection with any failure by the Bank to process my requests for payment when such request does not comply with the Bank's requirements as stated above.

15.6.10 It shall be my responsibility to keep myself informed of the terms and conditions governing the merchant/s’ and/or government agency/ies’ payment requirements, guidelines and procedures, including any amendments, modifications or supplements thereto. The Bank shall not be responsible for delays, loss or damage arising out of circumstances beyond its control.

15.7 PREPAID LOADING - Through the BizKo Mobile App or Website, I can load any prepaid mobile phone accounts whether enrolled or unenrolled.

15.8 INVOICE FACILITY, REQUEST MONEY FACILITY, PAYMENT LINK FACILITY

Invoice Facility - I can create and generate an invoice through the Invoice Facility and electronically or manually send to my recipient/s and/or Customer/s.

Request Money Facility - I can create a request to collect money from my Customer/s through the Request Money Facility. The request can be sent to the Customer’s email address or directly through a BizKo customer’s Bizkey.

Payment Link Facility - I can create a link in the form of a URL or a QR code to collect money from my Customer/s through the Payment Link Facility.

15.8.1 I understand that through the Invoice Facility, Request Money Facility, or Payment Link Facility, I can choose the following options to be accessible to my Customer/s as their Payment Method to me:
-- Payment via BPI Bizko
-- Payment via BPI Online
-- Credit Card Payment Method
-- Payment via e-Wallet

15.8.2 I understand that only Customer/s who are account holders in BPI Bizko shall be able to use the Payment Method via BPI Bizko, and only Customer/s who are account holders in BPI Online shall be able to use the Payment Method via BPI Online. Payments made through the BPI Bizko and BPI Online Payment Method is subject to the terms and conditions of Fund Transfers as stated in this Agreement, as well as the BPI Online Banking Terms and Conditions.

15.8.3 Any payment by an Authorized User or Customer through the BPI Bizko and BPI Online Payment Method in the Invoice Facility, Request Money Facility or Payment Link Facility shall be credited to my nominated Collection Account on the same day of receipt. Payments made on a non-banking day shall be credited on the next banking day.

15.8.4 I acknowledge and agree that should I choose the Credit Card Payment Method or payment via E-Wallet as part of my Payment Method for collection, I consent to the use of the Bank’s preferred Outsourced Service Provider system for Credit Card and e-Wallet payments. I authorize and direct the Bank’s preferred Outsourced Service Provider to receive and settle any payment processing proceeds owed to me.

15.8.5 I agree that in the course of my use of the Credit Card Payment Method as a collection portal, validation procedures shall be conducted by the Bank’s preferred Outsourced Service Provider/s. Such validation procedures shall include, but not limited to, a review of my chargeback history, transactional behavior, and compliance with the rules set forth by my Credit Card Provider. I acknowledge that I may be notified by the Bank or the Bank’s preferred Outsourced Service Provider/s in the event that I am disallowed to use the Credit Card Payment Method based on the results of the validation procedure. I hereby hold the Bank free and harmless and further release the Bank from and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my disallowance of the use of the Credit Card Payment Method.

15.8.6 By activating the Credit Card Payment Method, I agree that I shall be bound by the following terms:

15.8.6.1 As a merchant accepting credit card payments, I agree to comply and be bound to rules and regulations imposed by Credit Card Provider/s. I agree that it shall be my responsibility to keep myself informed of the terms and conditions governing the Credit Card Provider/s’, and/or payee/s’ payment requirements, guidelines and procedures, including any amendments, modifications or supplements thereto. The Bank shall not be responsible for delays, loss or damage arising out of circumstances beyond its control.

15.8.6.2 Any refunds, chargebacks, and other similar arrangements for payments made through credit card payments shall be in accordance with the terms and conditions of the Credit Card Provider/s. For refunds, I agree to contact the stated e-mail address for customer support in these BizKo Terms and Conditions to request the processing of the refunds. In the event that I get contacted by my Customer for a chargeback, I shall relay to them to directly contact their Credit Card Provider for the processing of the chargeback. The Bank shall not be responsible for any claims, losses, liabilities, or damages arising out of or in connection with the processing of the refunds, chargebacks and other similar arrangements.

15.8.7 I acknowledge and agree that should Customer/s choose the Credit Card Payment Method or the payment via e- Wallet, Customer shall be redirected to a separate browser payment page wherein the Customer shall provide his/her credit card details for Credit Card Payments, and/or mobile phone number and other personal details for e-Wallet payments.

15.8.8 I acknowledge that the Credit Card or e-Wallet payment collected by the Bank through its preferred Outsourced Service Provider is based on the payment instructions and inputted details made by the Customer. I shall hold the Bank free and harmless from any claims against the Customer/s for any non-payment, discrepancy, or dispute regarding my billing amount and paid amount of the Customer/s.

15.8.9 I shall be held solely liable for any and all claims, liabilities, actions or proceedings which my Customers or third parties may file arising out of, or as a consequence of the implementation of any of these Terms and Conditions or with the performance by the Bank of its responsibilities and functions under these Terms and Conditions as well as any computer- related activity / error on account of any payment transaction.

15.8.10 Settlement of all payments made by an Authorized User or Customer coursed through the Credit Card Payment Method or e-Wallet Payment Method shall be credited to my Collection Account anytime between Tuesday to Friday of the week, or the next business day, if Friday is a holiday. The Bank reserves the right to change the schedule of the crediting of the payment proceeds to my Collection Account or to suspend settlement of the payment proceeds.

15.8.11 I agree that the Bank and/or the Bank’s preferred Outsourced Service Provider shall impose fees for the use of the Payment Modes as described below:

I acknowledge that the fees mentioned above shall be subject to periodic review by the Bank and/or Bank’s preferred Outsourced Provider and may be changed or updated in the future via Amendment of the BizKo Terms and Conditions.

In the event that the amount to be credited to my Collection Account is insufficient to pay the outstanding charges described in the preceding sentence on any day and/or any other amount due or payable by me to the Bank or the Bank’s preferred Outsourced Service Provider, the Bank shall be entitled to:

a. Offset and deduct the outstanding amount in whole or in part from any payment due to me; and/or
b. Debit the outstanding amount in whole or in part from my Nominated Account; and/or
c. Claim from me the outstanding amount in whole or in part.

In cases of chargebacks or disputes filed by my Customer, I acknowledge that such chargeback or dispute shall be investigated by the Bank’s preferred Outsourced Provider. Pending investigation, the disputed amount will be automatically deducted from the amount to be credited to my Collection Account. I also acknowledge that I shall be charged a dispute settlement fee of Php 1,000, to be deducted from my Collection Account upon chargeback or dispute resolution, to answer for the costs and expenses of the investigation and the crediting and/or debiting of the disputed amount. Such dispute settlement fee shall be fixed, regardless of the result of the investigation.

Should the chargeback or dispute claim be decided in favor of me, the previously disputed amount shall be credited to my Collection Account on the next date of settlement. In the event I claim reimbursement of the fixed dispute settlement fee to my Customer, I shall settle this solely between me and my Customer. I shall hold the Bank free and harmless from any discrepancy or non-payment of my Customer of the fixed dispute settlement fee.

15.8.12 In case the Bank fails to credit my Collection Account for whatever reason in spite of a successful / consummated payment transaction, I hereby agree to allow the Bank to make the necessary adjustment(s) up to twenty (20) banking days from the date of transaction, except for cases where adjustment(s) can be made at a later date due to (a) occurrence of fortuitous events which are beyond the control of men, such as but not limited to typhoons, storms, earthquakes, floods, riots, strikes, civil disturbance, war and to (b) computer related errors and computer failure of breakdown.

15.9  REPORTS - Transactions made through the Fund Transfer to BPI Accounts, Fund Transfer to other bank accounts, Pay Employees/Payroll, Pay Bills, Pay Government Facility, Invoice Facility, Request Money Facility, and Payment Link Facility may be viewed real time or downloaded via reports in my chosen format (XLS, CSV, PDF, and HTML) (the “Reports”) in the Reports Facility.

The Reports shall contain, among others, transaction date, reference number, beneficiary name, and account number.

I agree to indemnify and hold the Bank free and harmless from any and all claims and liabilities in the event of failure or delay in posting payments to my and/or my Customers’ accounts.

XVI. General Provisions

With the use and access to BizKo –

A. I agree that I shall:

a. be responsible for its use, access, management and operation of the Facilities and for processing of all transactions using the BizKo Mobile app or Website. I agree to establish my own internal controls, processes and monitoring procedures for my use and availment of the Facilities. I agree and undertake to comply with all applicable laws, rules and regulations of pertinent government agencies, including the Bureau of Internal Revenue, on the use, access, management and operation of the Facilities, including the issuance of official receipts and/or other commercial invoices. The Bank shall not be held responsible, and shall be free and harmless, from any and all disputes, actions, investigations, cases, fees, penalties, interest that may be attributable to failure to comply with such laws, rules and regulations.

b. assume responsibility for maintaining the confidentiality of access and operation of the Facilities for all its transactions. Any transaction I undertake using my Login Credentials is conclusively presumed to have been performed by me.

c. ensure that I am knowledgeable, competent and accustomed with the use and operation of the Facilities.

d. allow the Bank to set, impose, and collect applicable service fees for the use of any and all Facilities and shall be debited from my Nominated Account without need for any further notice or demand.

e. be responsible for the amount paid or transacted through the Facilities. Any discrepancy between the total amount due and total amount paid shall be resolved between me and the Beneficiary or Customer.

f. abide by and observe the prescribed cutoffs for the processing and/or cancellation of scheduled transactions. It is understood that transactions made during Saturdays, Sundays and holidays shall be value-dated the next banking day.

g. be responsible for the validity and accuracy of all information provided to the Bank. Any discrepancy, such as, but not limited to, the beneficiary name, beneficiary account number, beneficiary email address, amount to be paid and/or collected, invoice details, among others, which I have indicated in the Facility/ies shall be directly resolved by me and my beneficiary/ies and/or customer/s. The Bank shall not be held responsible for any such discrepancy or dispute. Neither shall the Bank represent either party nor intervene in behalf of either party.

h. update the Bank of any changes relating to such information from time to time including changes affecting the user profile. The Bank shall not be responsible for my failure to update.

i. hold the Bank, its subsidiaries and affiliates, successors and assigns, their respective directors, stockholders, officers, employees, representatives, agents, service providers and such other persons or entities engaged by the Bank, under an obligation of confidentiality, free and harmless and indemnified from any and all liabilities, claims, losses, damages and suits of whatever nature arising out of or in connection with my written request for the Bank to undertake necessary adjustments/corrections arising due to my erroneous crediting to a Recipient Account which the Bank may, at its discretion, but without any obligation, extend reasonable assistance to me provided the Bank is immediately advised of the error within the same day of the erroneous credit and subject to submission of supporting documentation acceptable to the Bank.

j. immediately reimburse the Bank for the amount of loss or damage incurred by the Bank due to mishandling, error, negligence or fraud committed by any recipients and/or users involved in the preparation or submission of data to the Bank.

k. irrevocably commit and undertake to provide full assistance to the Bank to help recover losses or damages incurred by it due to the recipient’s mishandling, misuse, fraudulent or unlawful use of his/her Recipient Account. This assistance will take the form of actions up to and including, but without limitation, to the temporary withholding of amounts due to recipient/s in question equivalent to the Bank’s claim of loss, until such time that the matter is resolved.

l. in consideration of the Bank’s implementation and performance of the services required under the Facilities, indemnify and hold the Bank free and harmless from any liabilities, costs, claims, losses, damages or dispute which may arise therefrom.

m. ensure that all necessary authorizations and consents as may be required by applicable confidentiality and data privacy laws or agreement, has been obtained prior to submitting to the BANK information of the individuals related to the BIZKO USER to enable the BANK to process the information necessary for the BIZKO USER’s use and availment of the Facilities.

B. I understand/agree/confirm that:

a. any and all Facilities which may now or hereafter be offered, rolled-out, modified or discontinued, whether in whole or in part, by the Bank shall be governed by this Agreement.

b. the necessary security measures and safeguards have been adopted to prevent any unauthorized access to or use of Facilities under this Agreement.

c. I know the risks involved in connection with the use of the Facilities. My availment and continued use of the Facilities shall constitute my acceptance of this Agreement, including any and all of its modification/s or amendment/s, as applicable.

d. all fully approved Payment Instructions shall be carried out as scheduled on the due date indicated in the transaction page provided the Nominated Account is sufficiently funded unless I cancel the transaction before the prescribed cut-off time.

e. billing complaints shall be my direct responsibility and that the Bank shall not, in any manner, have any obligation to the customers for matters relating to my services or billing concerns.

f. in case the Bank fails to credit the covered Recipient and/or Collection Accounts despite a successful/consummated transaction for whatever reason, I agree to allow the Bank to make the necessary adjustment within a reasonable period of time except for cases where adjustment can be made at a later date due to occurrence of fortuitous events or events which are beyond the control of the Bank, such as but not limited to acts of God, natural disasters calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by a party other than the BANK, its officers or employees, epidemics, riots, interruptions, loss or malfunction of utilities, facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions.

g. the Bank reserves the right to close at any time my account or any beneficiary account on any of the following grounds:
(i) mishandling; (ii) fraud; (iii) misuse; and/or (iv) violation of the policies and procedure, rules and regulations of the BANK or those of the Bangko Sentral ng Pilipinas (BSP) which are incorporated herein by reference and made an integral part of this Agreement or such other grounds which in the Bank’s determination, would warrant immediate closure of my Account or the Recipient Account, as the case may be, or termination of any or all of the Facilities.

h. the Bank shall not be liable to me if the Bank is unable to process or complete the transactions by reason of closure of the customer account/s, dormancy, garnishment, freeze or hold order or such other grounds analogous to the foregoing causes.

XVII. New Services

New services and/or facilities may be introduced from time to time by the Bank as part of the BizKo Online Banking Services and, unless Push Notifications have otherwise been disabled, I will be notified of these new services and/or facilities. By using such new services and/or facilities when they become available, I agree to be bound by the applicable terms and conditions governing its use and/or access.

XVIII. Customer Service and Complaints

I can file requests and complaints through the following Bank's communication facilities and/or channels:

i. Electronic Mail (E-mail) at bizko.customersupport@tellysystems.com.ph
ii. Chat Facility in the BizKo Mobile App and/or BizKo Website

18.1 I agree to provide the Bank with necessary information to be used for the investigation and resolution of my requests and complaints. The Bank shall provide me with the prescribed processing time to resolve a complaint.

18.2 I acknowledge and agree that the Bank may, with notice, modify, supplement, remove and/or discontinue its official communication facilities and/or channels from time to time. I undertake to keep myself updated and informed of the Bank’s announcements for changes to its official communication facilities and channels including those pertaining to online security.

XIX. Communications to and from the Bank

19.1 In the event that I receive communications purporting to be from the Bank but originates from an unofficial number, e-mail address, and/or website, I hereby agree to protect myself from any such phishing attempt to obtain my personal and account information, such as my Login Credentials, authentication information, and other BPI Account details, by any such entity disguising as the Bank in such unofficial communication. I shall also remain vigilant against other cyberattacks that may appear to make unauthorized use of the Bank’s logo and/or tradename. I undertake to report any such suspected activity to the Bank immediately. Except as provided Section 3.1 hereof, I acknowledge and agree that the Bank does not need to ask me for my Password and/or OTP and I shall not disclose my Password and/or OTP to the Bank even if I believe that the Bank is asking me to do so via e-mail or through any other form of communication.

19.2 I agree to hold free and harmless and indemnify the Bank from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my failure to keep myself updated with the Bank’s official communication facilities and/or channels, as well as, my disclosure of any or all of my personal and/or account information to any entity other than the Bank even if such entity makes an unauthorized use of the Bank’s logo and/or tradename.

19.3 I agree that the Bank may respond to me by e-mail on any matter related to the BizKo Online Banking Services and/or Facilities using my e-mail address registered with the Bank. I am aware of the possible risks involved in connection with the giving and receiving of notices and other communications via e-mail. I acknowledge that said e-mail could be transmitted improperly or may never reach me or may become known to third parties thereby losing their confidential nature. The Bank accepts no responsibility for the occurrence of any such circumstances or for any action, claim, loss, damage or cost arising or incurred by me as a result of or in connection with any such circumstances. I shall be solely responsible for making my own independent appraisal and assessment of any possible risks in relation to the giving and receiving of notices and communications via e-mail.

19.4. I hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank, its subsidiaries, affiliates and partner institutions, by communicating to me (i) through my registered e-mail address, (ii) by short messaging service (SMS) to my Registered Mobile Number, (iii) by such other electronic transmission which the Bank, at its option, considers appropriate and effective, or (iii) through the Bank’s channels or any one of them including publication in the Bank’s website.

19.5 The Bank may send any notice or communication to me via mail, electronic mail, short messaging service (SMS), other Bank channels or any one of them, including publication in the BPI Website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective.

XX. Conformity

I acknowledge that I have carefully read, understood, conformed to and agreed to be bound by the terms of this Agreement. I further acknowledge that I am fully aware of the risks relating to the availment, use or access to the BizKo Online Banking Services and/or Facilities.

XXI. Declaration

I hereby declare and acknowledge that:

(i) all the statements, information and supporting documents provided by me are true, correct, accurate and updated; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Bank and may be a ground for the termination of this Agreement, or the cancellation or termination of my access to the BizKo Mobile app, Website or any of BizKo Online Banking Services, without prejudice to such civil and/or criminal liability that the Bank may pursue against me; (iv) the Bank may impose such terms, conditions and requirements as it may deem necessary or appropriate in connection with my availment of any of the BizKo Online Banking Services and/or Facilities; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any of the BizKo Online Banking Services and/or Facilities, I agree to comply with all applicable laws, rules and regulations.

XXII. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.