CB International Bank Service Agreement

THIS AGREEMENT IS ONLY PROVIDED FOR THE NON-US RESIDENT OR NON-US CITIZEN. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING, OR PERMITING ANY OTHER PERSONS OR ENTITY TO USE OR ACCESS THE ONLINE/OFFLINE BANK SERVICE, VISIT THE WEBSITE OR DOWNLOAD OR USE ANY SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE CLAUSE BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES OR SIGN THIS AGREEMENT.

I. Introduction
1. The terms "Bank," "CBiBank," "us," "we," or "our, " means CB International Bank that holds your accounts or provides you services and any agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Online Service. "You" or "your" or the “client” or the “customer” means 1) an individual or entity that is the owner of an account or a party-in-interest to an account (such as a grantor, beneficiary or co-trustee of a trust account) or 2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account.
2. By offering this Online Service and information, products or services via this agreement, we make no distribution or solicitation to any person to use the CB International Bank Service or such information, products or services in jurisdictions where the provision of the Online Service and such information, products or services is prohibited by law.
3. This CBiBank Service Agreement is only provided for the non-U.S. citizen or non-U.S. resident. If there is any requirement to open an account or use the service for a U.S. citizen/resident, please contact our bank agent as soon as possible.
4. We may amend or change this Agreement from time to time by sending you written notice by email or by mail about the updated terms on the sites within the Online Service (the "Site(s)"). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Online Service. Your use of the Online Service after we have made such changes available will be considered your agreement to the change.

II.Definition & Explanation
1. “CBiBank Online Service” means the Financial Services which was provided by online website offering a variety of services, including but not limited to open Multi-Currency Accounts, deposit, loan, transfer and remittance etc.
2. “Account” refers to any account, such as saving account, you have with us that is covered by this agreement.
3. The “digital certificate”, also known as “U-Key”, refers to an electronic file used to store the identity of a client of individual or entities, and digital signature of the transaction information of the online banking. It is an identity authorization for secure electronic transactions, and other online financial services. You must use the digital certificate to certify your identity, and once your identity was authorized, you could process your online services.

III. Terms and conditions for Account Opening
1. Signature
1) For Electronic Signature: YOU CONSENT AND AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO INDICATE YOUR APPROVAL OR ACCEPTANCE BY SELECTING AN ITEM, BUTTON, OR ICON, OR ANY SIMILAR ACTION, WHILE USING ANY ELECTRONIC SERVICE WE OFFER OR IN ACCESSING OR MAKING ANY TRANSACTIONS REGARDING ANY AGREEMENT, ACKNOWLEDGMENT, CONSENT, TERMS, DISCLOSURES OR CONDITIONS, CONSTITUTES YOUR SIGNATURE, ACCEPTANCE AND AGREEMENT AS IF ACTUALLY SIGNED BY YOU IN WRITING.
2) For Hand-Writing Signature (Paper Signature): YOU CONSENT AND AGREE THAT YOU’RE WRITINGSIGNATURE INDICATE YOUR APPROVAL OR ACCEPTANCE BY SIGNING THIS AGREEMENT.
3) Further, you agree that no certification authority or other third-party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or resulting contract between you and CBiBank.
2. Registration
1) You acknowledge that the U-Key is a necessary tool which will send you a dynamic password to log in or access your account, without the U-Key you have no authorization to access your account, so you should also active your U-key at the same time to register your account. If your U-Key was lost or damaged or have any other problems, please contact CBiBank to request a new one as soon as possible. After you use your password and U-Key to log in/ access your account, you may directly use the financial services provided by CBiBank.
2) You acknowledge that you hereby expressly authorize that your company's corporate information (including but not limited to company name, contact person, contact information, etc.) has been authorized by CBiBank for your successful registration of the online bank account. It can also be used as Interactively verification of the information of other businesses (including but not limited to opening unit settlement accounts and online bank financial services) at CBiBank.
3) You acknowledge that You shall comply with the laws and regulations of the U.S. and the requirements of CBiBank, accurately provide and update your company's information in accordance with the promotions of the corresponding pages of your information to make it true, complete and accurate. If there are reasonable reasons to suspect that the information provided by you is incorrect, untrue, outdated or incomplete, CBiBank has the right to issue a notice to your company and/or request correction, and we have the right to directly delete the corresponding information. CBiBank will shall not be responsible for any or all of the services which is mentioned above until the suspension or termination of your services.
3. Requested information
1) The USA Patriot Act requires all financial institutions to take extra security precautions in order to assist the federal government in the fight to end the funding of terrorism and money laundering. Federal law requires us to obtain, verify, and record information on each customer and authorized signer of an account. Therefore, before your account is opened, you agree to provide the Bank with the information which is contained in:
(a) Account Opening Application Form.
(b) Signature Card.
(c) Board Resolution (optional, not necessary).
(d) Know-Your-Customer Survey.
2) IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your passport or other identifying documents.
3) You acknowledge that if you need a representative or authorized signatory to represent you to sign all documents, then you shall fill out the Board Resolution. If others sign the Board Resolution, then the person/they shall become an authorized signatory and may deal with business on behalf of the Client, but their rights are also limited by any other provisions of this agreement. You shall also provide the bank with a signature card (in schedule 2) for the signature of the authorized signatory. If the authorized signatory determines the form of signature combination through the Board Resolution, then all of the account opening agreement and other related agreement or material shall be signed in such an authorized form of signature combination as described above. The customer should properly keep the form of signature combination and the signature style, if the customer’s form of the signature combination or signing style changes, they must renew and resubmit the Board Resolution and re-sign the Signature Card. If the customer's account name changes, the customer must provide the latest information as required by CBiBank and sign the Signature Card. If there has any disputes or economic losses caused by improper storage of the customer's signature style, then the customer is responsible for that.
4) Unless we receive this information required by law, we reserve the right to refuse to accept open your bank account or deal with your deposit, pay interest on the balance, or permit withdrawals. You agree to provide documents establishing your existence, such as certified articles of incorporation, government-issued business license, or partnership agreement.
4. Contact/address information
1) You agree to receive any CBiBank disclosures and communication electronically. Any messages containing personal or confidential account information will be sent to the email address you provide. You may request a paper copy of any document sent to you electronically at any time by contacting CBiBank. You also agree that CBiBank may deduct the necessary fees to operate your online service such as account opening fees and bank charges from your account, you can look through the CBiBank Pricing Guide for more details.
2) You agree to establish and maintain an accurate email address with CBiBank. You further agree not to hold CBiBank liable for sending these disclosures and communications to such address. If you change your email address or any other information, it is your responsibility to notify us of your new address or other information as soon as possible. If the delay of your notice caused some damage to your account. You agree that we shall not be liable for damages in that event.
3) You may withdraw your consent to receive disclosures and communications electronically at any time by written notice to CBiBank by email or call CBiBank.

IV. Terms and Conditions for Online Bank Service
General terms and conditions
1. We grant to you a non-exclusive, nontransferable limited and revocable right to access and use the Online Service. You agree not to use the Online Service for any illegal purpose, including but not limited to: gambling, money laundering and terrorism activities. If you use your account(s) for any illegal purpose, CBiBank has the right to close your account(s), and return the remaining money to your original account. CBiBank also has the right to seek the legal compensate for any loss that caused by your illegal activities.
2. You may not, and will not allow or cause any third party to: (a) hack the system or data of our online service, in purpose of stealing information from others; (b) decompile, attempt to derive the source code of, or modify any portion of the Online Service, or use the Online Service to develop similar products; (b) sublicense, distribute, export or resell any portion of the Online Service or otherwise transfer any rights; or (c) exercise any other right to the Online Service not expressly granted in this Agreement. We own all right, title and interest in and to the Online Service. No license or other right in or to the Online Service is granted to you except for the specific rights set forth in this agreement.
3. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Online Service, you agree to protect and keep confidential your account number, User IDs, Passwords, Digital Certificate, Dynamic Passwords, or other means of accessing your accounts via the Online Service. If you permit any other person(s) or entity to use the Online Service or to access or use your account numbers, User IDs, Passwords, Digital Certificate, Dynamic Passwords, you are responsible for any transactions and activities performed from your accounts. Once the bank executed the business instructions issued by the customer through the online bank services, you cannot change or cancel the business instructions based on your request.
4. You acknowledge that the U-Key is a necessary tool which will send you a dynamic password to log in or access your account, without the U-Key you have no authorization to access your account, so if your U-Key was lost or damaged or have any other problems, please contact us as soon as possible.
5. You are additionally responsible for obtaining Online services via the online service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks.
6. You acknowledge that you have requested the Online Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third-party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

V. Privacy Notice
Collection of Information for the Non-US customer
1) To comply with legal obligations and regulations applicable to CBiBank and its Affiliated Entities in the United States and any relevant jurisdictions, including but not limited to “Know Your Customer” obligations based on applicable anti-money laundering and anti-terrorism requirements, economic and trade sanctions, customer due diligence, suspicious activity reporting, foreign exchange and international trade, tax reporting and other applicable laws, regulations, ordinances, and obligations, we collect and use work contact details, position description, authentication data, financial data, and background check data.
2) In order to conduct recordkeeping, we collect and use work contact details, position description, authentication data, financial data, and background check data.
3) Subject to applicable law, CBiBank may disclose Personal Data if required or permitted by applicable law or regulation, including laws and regulations of the United States and other countries, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or in response to a request from law enforcement or other public authorities wherever CBiBank may do business; (b) protect and defend the rights or property of any CBiB’s entity; (c) act in urgent circumstances to protect the personal safety of Individuals, Customers, and contractors/employees of any CBiB’s entity or others; or (d) protect against any legal liability.

VI. Intellectual Property Right
All the Trademark and Copyright in the CBiBank official pages and in the screens displaying the pages, and in the information and material in their arrangement, is owned by CBiBank unless otherwise indicated.

VII. Termination
1) We reserve the right to determine your eligibility for any products or services. We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Online Service, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access the Online Service for a period of twelve (12) months. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Online Service and delete any applicable copies.
2) If you refused or failed to: (a) cooperate with CBiBank to report the annual audit of your account after opening it, or (b) provide any new supporting documents and materials timely, and, (c) in accordance with the Rate and Fee Schedule. Otherwise, we may also terminate, suspend or limit your access privileges to the Online Service.

VIII. Liabilities
1. Confidentiality
You agree to protect the confidentiality of your account and account number, and your personal identification number. CBiBank will only disclose information to third parties about your account or the transfers you make: (a) As necessary to complete transfers; (b) To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant; (c) If the information relates to improper use of your accounts; (d) To comply with government agencies or court orders; (e) As explained in our Privacy Notice; or (f) If you give us written permission.
2. Indemnity
You acknowledge and agree that you are personally responsible for your conduct while using the Online Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Online Service or the use of the Online Service by anyone using your , account number, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

IX. Jurisdiction
1. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the U.S. and the law of Purto Rico, without regard to its principles of conflicts of laws that may require the application of laws of any other jurisdictions, provided that the law of the U.S. and of Purto Rico shall govern all matters concerning the Company’s legal existence, corporate powers, authority and other corporate matters.
2. Disputes
You hereby agreed that any dispute, claim or controversy arising under or relating this agreement, or to the service of us, regardless of the nature of the causes of action asserted, it should enter into a friendly negotiation at first, if the dispute cannot be solved, then it shall be resolved by the Hong Kong International Arbitration Centre, or the appropriate State Court in Purto Rico, and the parties shall reserve their respective rights to waive to a jury trial. Any cause of actions you may use of our service must be commenced within one year after the claim or cause of action arises.

X. Miscellaneous
1. This agreement shall be provided in two copies, with each party holding one copy and two copies have the same legal validity.
2. This agreement shall come into effect once the client open the bank account and their data shows in the system of CBiBank.

We/I confirm that the Bank has made explanations of the above terms and conditions as our/my request. We/I have made a comprehensive and accurate understanding of the terms and conditions regarding the exemption or limitation of the bank's liability, the bank's unilateral ownership of certain rights, the increase of the customer's liability or the limitation of the customer's rights.