Terms and conditions of LHV Connect

Terms and conditions of LHV Connect
1/2
Terms and conditions of LHV Connect
Valid from 01.09.2016
1.
TERMS USED IN THE AGREEMENT
3.
USING THE SERVICE
1.1.
Bank – is AS LHV Pank
1.2.
LHV Connect – is the program interface between the Client’s
quality of the Service through the software is the sole responsibility
software and the Bank’s systems, which enables the Client to use
of the Client. The Client assumes the obligation to conduct all the
the Services through the Client software.
necessary development works on the software used by them, which
Technical specification of LHV Connect – are the technical
are necessary for establishing a secure and functional connection
specification imposed by the Bank and which must be fulfilled in
with LHV Connect.
1.3.
3.1.
order to use LHV Connect.
3.2.
Party/parties – is/are the Bank or the Client.
1.5.
Client – A Client is a 1) legal person, who has concluded an
the minimum time the Bank needs to reconfigure LHV Connect and
to conduct all the related technical works.
agreement with the Bank to use LHV Connect and wishes to use or
consume the Services, or 2) a legal person designated by the Client
3.3.
offered through LHV Connect. The Bank has the obligation to notify
also a Client of LHV Connect.
the Client at least 1 (one) month in advance of any changes to the
technical specification of LHV Connect. The Bank has the obligation
User – a person appointed by the Client, whose rights and limits are
to notify the Client at least 3 (three) months in advance of
termination of the Service.
Monthly fee – is the fee the Client is obligated to pay to the Bank
on a monthly basis according to the Bank’s price list for the service
3.4.
Agreement – is the agreement concluded between the Client and
3.5.
If the provision of the service is not possible due non-compliance
with the agreed terms and conditions the Bank issues an error report
the Bank.
1.9.
The Service is used according to the technical specification
applicable for the respective Service.
specified in the Agreement.
1.8.
The Bank has the right to add, change or terminate any Services
who mediates the Services of LHV Connect to the Client and who is
established in the Internet Bank agreement.
1.7.
The Client has the obligation to report any changes in the software
to the Bank in writing at least 15 banking days in advance, which is
1.4.
1.6.
The functioning and contents of the Client’s software as well as the
to the client.
Public key – is a sequence of symbols enabling verification of the
digital approval or digital signature of the owner of the certificate.
1.10. Personal key – is a sequence of symbols the owner of the
certificate uses to compose their digital approval or digital signature
3.6.
Services which need to be signed digitally must be approved by the
User with a digital signature.
3.7.
The Bank has the right to suspend Transactions immediately, when
the way the Transactions are conducted does not comply with the
and is known only to the owner of the certificate.
requirements set by the Bank.
1.11. Device certificate – is a form of electronic verification, which is
issued by a certification service provider approved by the bank (i.e
AS Sertifitserimiskeskus), that the client’s software uses to connect
4.
TECHNICAL REQUIEMENTS
to the bank and verify the messages sent to the bank.
1.12. Digital signature – is a form of electronic certification used to
4.1.
All orders and approvals between the Parties and related to the use
of the Service must comply with the technical specification of LHV
identify the User for the digital approval or signing required for the
Connect (valid technical specification available on the web page of
User to be able to use the Services. A Digital signature is based on
the Bank).
the Public and Secret key and the Secret key is protected by a PIN.
1.13. Security Feature – the Personal Key along with the security PIN of
4.2.
The Bank and the Client take the obligation to ensure the reliability
and security of the software and systems used for the Service.
a Device certificate or a Signature certificate stored on a device
4.3.
used for secure digital signing.
The Bank grants the Client access to the Service on the condition
that the Client follows the procedure for using the service as
provided in the agreement.
2.
2.1.
PURPOSE OF THE AGREEMENT
4.4.
of all circumstances which have damaged or could damage the
The agreement regulates the relationship between the Bank and the
Parties’ software or the performance of the Agreement, as well as
Client in relation to the provision of the Service and other
any circumstances which may be necessary for the secure
accompanying circumstances.
AS LHV PANK
TARTU MNT 2, 10145 TALLINN
6 800 400
INFO@LHV.EE
The Parties undertake to notify the other Party as soon as possible
LHV.EE
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functioning, maintenance or repair of the Parties’ technical solutions
9.
and systems.
5.
VALIDITY, AMENDMENT AND TERMINATION OF
THE AGREEMENT
9.1.
SECURITY REQUIREMENTS
The Agreement enters into force when it is signed by the Parties
and is concluded without a term.
5.1.
The Client undertakes to keep the Security Feature carefully and in
9.2.
secret and to do everything necessary, incl. applying sufficient
Amendments to the Agreement are made on the basis of a written
agreement between the Parties.
regulatory, physical and electronic security measures, to ensure
9.3.
their security, incl. only authorised access.
The Bank has a unilateral right to amend the terms and conditions
and the price list of the Agreement by notifying the Client according
5.2.
The Client has the obligation to ensure the secrecy of all Security
to the procedure and time limits established in the Bank’s general
Features and that the User also follows the usage requirements.
terms and conditions.
The Client is responsible for all transactions made by the User.
9.4.
5.3.
The Client has the obligation to notify the Bank immediately of the
they have the right to cancel the Agreement immediately. If the
loss or theft of the Security Feature or any other incidents which
Client has not cancelled the Agreement within 1 (one) month, the
involved or could have involved the Security Feature becoming
Bank has the right to regard the Client as having agreed with the
known to a third Person.
5.4.
amended terms and conditions (tacit consent) and to apply the
Should the Bank receive a notification pursuant to Clause 5.3 of the
amended terms and conditions to the Client since their entry into
Agreement, the Bank has the obligation to employ all measures
force.
necessary to block the usage of the Security Feature.
5.5.
When the Security Features are blocked, it is not possible to use the
9.5.
The Client has the right to cancel the Agreement at any time.
9.6.
The Bank has the right of ordinary cancellation of the Agreement by
Services.
5.6.
If the Client does not agree with the amended terms and conditions,
notifying the Client at least 1 month in advance as provided in the
When the Security Features of one User are blocked, it is not
possible to use the Services conducted with the Signature
general terms and conditions.
9.7.
Certificate of the blocked User.
The Bank has the right to cancel the Agreement without the required
notification time, if the Client’s service fees are in debt for at least 6
(six) months.
6.
CONFIDENTIALITY
9.8.
6.1.
the notification time if the Client violates the terms and conditions of
term in relation to any confidential information obtained on the basis
the Agreement.
of the Agreement.
6.2.
The Bank has the right to cancel the Agreement without observing
The Parties take the obligation of non-disclosure for an unspecified
9.9.
The Agreement will be considered as having expired when the
Client’s current account contract has expired.
Confidential information is understood by the Parties as all
information arising from the use of the Service, security
9.10. Expiry of the Agreement does not have any effect on the falling due
requirements related to the Agreement, technical data and any
and satisfaction of any monetary claims arising from Transactions
other information, experience, know-how and business secrets
conducted before the expiry of the Agreement.
related to the Parties’ operations.
6.3.
Upon the termination of the contact and on the request of the Bank,
10.
OTHER TERMS AND CONDITIONS
the Client has the obligation to destroy any confidential data that
has become known to them through the conclusion of the
10.1. In issues not governed by the Agreement, the Bank’s general terms
and conditions, the Bank’s Internet Bank terms and conditions and
Agreement and use of the LHV Connect service.
the Bank’s payment service terms and conditions shall be applied.
7.
7.1.
8.
8.1.
In case in any discrepancies between the Bank’s general terms and
NON-TRANSFERABILITY OF RIGHTS
conditions, the Bank’s Internet Bank terms and conditions and the
The Client many not hand over or in any other way transfer their
Bank’s payment service terms and conditions, the terms and
rights arising from the Agreement.
conditions of the Agreement shall prevail.
SERVICE FEES
The Client pays a service fee for the Service on the basis of the
Bank’s price list, unless agreed otherwise in the Agreement.
8.2.
The Bank has the right to debit the full monthly fee from the Client’s
current account even if the Agreement was terminated in the middle
of the month.
AS LHV PANK
TARTU MNT 2, 10145 TALLINN
6 800 400
INFO@LHV.EE
LHV.EE
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