RTGSManagement System
Real Time Gross Settlement
A system of
Mega Packaging Bangladesh Ltd.
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On the aspect of transmitting the Fund Transfer transaction by the means of BEFTN/BD-RTGS to the beneficiary’s account by Jamuna Bank Limited from my /our request stated overleaf, I/we hereby make sure and agree as follows:
1. All kind of transactions to the beneficiary s’ account from our bank would be settled using BEFTN format or BD-RTGS System and adopted by the bank for transmittal of the entries to the beneficiary’s bank and the beneficiary’s account in accordance with the BEFTN/BD-RTGS operating Rules framed by Bangladesh Bank including all amendments made thereto from time to time and all other prevailing and relevant laws, rules, policies and regulations including without limitation Bangladesh payments & settlement system regulations 2009 framed and adopted by Bangladesh Bank.
2. It is a request to the sender, to carefully read to understand the BEFTN/RTGS rules, policies, regulations and do hereby agree and undertake that he /she/they would duly confirm with and abide by the BEFTN/RTGS rules including all laws, regulations amendments, notification, guidelines, circulars in relation thereto as may be framed and circulars in relation thereto as may be framed and circulated by Bangladesh Bank& other concerned authorities from time to time.
3. It is to mention with importance that the core responsibility of the originator regarding transaction through BEFTN/RTGS to ensure that the transmission of entries and origination of BEFTN/RTGS transactions are in absolute compliance with mentioned rules, laws, amendments, notifications and also advised to preserve the original copy of document as if the originator can present the document when the can the bank deserves to get.
4. All the Instructions mentioned / made/requested by the originator in overleaf must be remained uphold as basic indications of transaction and be kept effective until the bank has received written notification from the originator or the beneficiary of its revocation/withdrawal in such time and such manner as to afford the bank a reasonable opportunity to act on it.
5. It is important to indicate that the originator has to concord with all the internal circulars, different kind of policies, amendments and time to time directions from Bangladesh Bank on the ground of Anti –Money laundering and Anti-Terrorist Financing laws to accelerate the Anti-money laundering and Anti-Terrorist financing movement Directed by the central Bank.
6. Most importantly, it is mandatory to apprise the issuing Bank if any error made in the respective form within twenty four (24) hours from the time of filling up the form for transaction. On these cases, Bank will take the opportune steps as per its best to initiate an adjustment entry or stop processing of any such entry at the sole and absolute risk and responsibility of the originator by initiating a reversal file to correct the entry, as provide for and abiding by the BEFTN/RTGS rule.
7. The Bank always preserves absolute authority and right to nullify any entry that doest not stand in line with the requirements of the BEFTN/RTGS rules and other relevant policies circulated by the higher concerned authorities. Besides, the bank also possesses the legal right to make void any entry that is made when the originator is in default of maintaining any requirement and adequate account balance or line of credit.
8. The bank will take necessary steps to do process the application received before Cut-Off time or such other time mentioned by Bangladesh bank and Jamuna Bank Limited.
9. It is mentionable that the originator is accorded with bank policies to make compensation the bank for providing the services referred to herein at the prices set forth in schedule of charges.
10. The Bank must not be liable for any failure or delay in
transmission of any entry if such transmission would violate any rule or regulation of any Bangladesh Governmental authority or has to postpone the transaction or discontinue for uncertain period of time for unpredictable technical difficulties or for any other reasons beyond reasonable control of the bank.
11. In the event the bank suffers any loss, injury, damages, costs or expenses due to any and all of the action, inaction, omission negligence and/or illegal / fraudulent instruction of the originator or transfer through BEFTN/RTGS and/or violation of rules, regulations and prevailing laws of the land in relation thereto by the originator, the originator will indemnify and hold the bank fully indemnified and harmless against all such loss or Liability(including attorney’s fees and associated expenses )
12. The bank shall have the right to exercise general right of lien and the right off set off any such amount arising out of the above from and against any and all account or accounts maintained by the originator with the bank and/or any goods pledged, liened or otherwise deposited by the originator with the bank.
13. The Bank must not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is occur by flood, fire, labor strike, sabotage, fiber or data line cut, Government codes, ordinances, laws, rules, regulations or restrictions, war civil disorder or for any other causes beyond reasonable control of the bank.
14. Liability will only go to the Bank side if any willing negligence and misgivings or any type of massive error taken place on part of the Bank.. Notwithstanding the foregoing, in no event shall bank liable for any indirect, incidental, special, punitive or consequential damages or for any lost or imputed profits or revenue or cost of cover arising from or related to the services provided under this agreement, regardless of the legal theory under which such liability is asserted and regardless of whether a party has been advised of the possibility of any such liability, loss or damage originator’s exclusive remedies for any and all claims related to the services provided hereunder shall be limited or any other Sub member pursuant to the BEFTN/RTGS rules or any applicable indemnity agreement.
15. The terms and conditions mentioned above would only be for the benefit of the parties hereto and their respective legal representatives, successors or any assigned ones. Herewith all the terms and policies are not for the benefit of other persons who never possess any legal right against the Bank hereunder.
16. The Banks also have the legal ground and authority to exercise the right of lien and that of set-off any such amount arising out of the above from and against any and all accounts maintained by the originators with the Bank or any goods pledged, liened or otherwise deposited by the originators with the Bank.
17. It is to mention that despite the Bank’s commitment to keep secret all the information of the parties, the bank will not be held responsible if it has to reveal any information under the instruction of government authority / court / Bangladesh Bank /ACC /NBR for the purpose of any investigation in the cases of money laundering.
I /we hereby on the ground of all terms and conditions in the line of BEFTN/RTGS accord and agree to abide by the mentioned conditions by which I/We authorize to initiate Electronic Credit or debit entries through BEFTN/BD-RTGS. In addition to the beforehand, I am eager to provide all sort of information/document if it requires as per the Bank’s requirement.
1. I / We hereby authorize Modhumoti Bank Limited to carry out the RTGS / BEFTN transaction as per details mentioned overleaf.
2. I / We hereby agree that the overleaf details including the beneficiary account is correct.
3. I / We further acknowledge that Modhumoti Bank Limited will accept no liability for any consequences arising out of erroneous details provided by me/us.
4. I / We agree that the credit will be affected solely on the beneficiary account number provided by the sender.
5. I / We authorize the bank to debit my / our account with the charges plus taxes as applicable for this transaction.
6. I / We agree that requests submitted after the cut off time will be sent in next batch or next working day as applicable.
7. I / We hereby agree & understand that the RTGS / BEFTN request is subject to the Bangladesh Bank regulations and guidelines.
8. I / We also understand that the remitting Bank shall not be liable for any loss of damage arising or resulting from delay in transmission delivery or non-delivery of Electronic message or any mistake, omission, or error in transmission or delivery thereof or in deciphering the message from any cause whatsoever or from its misinterpretation received or the action of the destination Bank or any act or even beyond control.
9. I / We agree that incase of EFT Transaction and if we do not have an account with Modhumoti Bank Limited, we will produce original identification proof while submitting the request. If requires we will also submit the proof of address or any other document(s) related to this transaction as advised by the Bank.
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