1. INTRODUCTION

1. The Bank may, at the Customer’s request, make available to the Customer the use of Electronic Banking Services provided by the Bank, subject to the below Agreement, the General Terms and Conditions for Opening and Operating a Bank Account at the Bank, as well as the prevailing laws and banking practices enforceable in Iraq, namely the Law #78 of year 2012 regulating Electronic Signature and Electronic Transactions to which the Customer hereby undertakes to abide by all its terms and conditions.
2. The Customer shall access the Electronic Banking Services either directly or through Delegates acting on its behalf.

2. DEFINITIONS

1. Access ID (user ID/Online ID/Username) means the login/sign In code assigned or issued by the Bank to the Customer and/or set or replaced by the Customer, in connection with the Electronic Banking Services.
2. Account means any present or future account opened by the Bank in the name of the Customer subject to the General Terms and Conditions for Opening and Operating a Bank Account at the Bank, except as otherwise expressly notified by the Customer, and “Accounts” means two or more of these accounts.
3. Agreement means the present Terms and Conditions and all documents and supplementary terms issued by the Bank organizing the provision of the Electronic Banking Services, as the same may be modified by the Bank at any time.
4. Application Form means the application form provided by the Bank to the Customer and signed by the latter for the purpose of applying for access to the Electronic Banking Services.
5. Bank means Byblos Bank S.A.L. and or its branches and subsidiaries, and includes its successors and assignees.
6. Banking Services mean the financial, banking or other services, related products facilities, banking operations and activities which may be offered by the Bank from time to time (as may be withdrawn, added to or modified by the Bank at its discretion).
7. Byblos Bank Website / Byblos Bank Electronic Banking Website means the Bank portal through which Customers and their Delegates access the Electronic Banking Services.
8. Certificates mean digital security certificates issued to the Customer and/or to its Delegates by the Bank, to be used in conjunction with Passwords to enable the Customer and/or its Delegates to access Byblos Bank Website, Electronic Banking Services and/or to implement the Customer’s instructions.
9. Customer means any owner of an Account which is opened in the name of an individual or jointly with one or more other individuals, or opened in the name of a corporation, organization, institution, association, government agency, bank, or company (joint stock, limited liability, partnership, etc...), and which has applied for the Electronic Banking Services and has been provided with the Access ID, PIN / Password, Certificates and/or any other security device, and includes its respective successors, personal representatives and Delegates, which are assigned banking and/or other special rights.
10. Customer Guides mean the welcome letter, brochures, security guides, usage guides, manuals, help text and any other documents, in any format (including but not limited to hard copies and/or electronic forms) issued by the Bank to the Customer from time to time in connection with the Electronic Banking Services.
11. Customer Instructions mean the request and/or instruction received by the Bank from the Customer through the Electronic Banking Services.
12. Delegate/s means any user/s authorized by the Customer to use the Electronic Banking Services.
13. Digital signature is a private key in the form of letters, numbers or codes/characters (password) that are tagged to electronic documents and has the equivalent legal power of signature on paper documents.
    1. Digitally signed email means any email which is signed by the sender using a PKI certificate.
    2. An ATM transaction is considered digitally signed when the user uses a valid plastic card delivered by the Bank and a PIN code
    3. An Electronic Banking transaction is considered digitally signed when the user enters his Access ID and Password, and an OTP for confirmation of transactions above a predefined value.
14. Electronic Banking/ Electronic Banking Services means the service of providing access to any Banking Service through the use of electronic or photoelectric means (including but not limited to fixed telephone, cellular phone, mobile applications, computer, tablet, internet, automated teller machine, point of sale or any other electronic device) with or without the assistance of any officer, employee, or agent of the Bank.
15. Instruction means any instructions, authorizations or requests communicated through the Electronic Banking Services and verified through the relevant Security Devices.
16. OTP means One Time Password. It is an authentication solution supplying an extra layer of security over the usage of Electronic Banking Services, by requiring a unique password that is provided to the Customer (or its Delegates) via a Security Device, and that is only valid for one login or for one transaction conducted on Electronic Banking Services, in combination with an Access ID and a login Password.
17. PIN/Password means all confidential passwords, phrases, codes, numbers, or other forms of personal identification including but not limited to any replacement number or signature issued by the Bank to the Customer or its Delegates and/or set or replaced by the Customer, which may be used to access the Byblos Bank Website, the Electronic Banking Services, the Security Devices, and/or to effect Customer Instructions.
18. -PKI means Public Key Infrastructure. The PKI is a system of digital certificates, certificate authorities and other registration authorities that verify and authenticate the validity of each party involved in an internet transaction. The PKI encrypts the message using 2 keys one is public and used by the sender to encrypt the message, the other is private and used by the recipient to decrypt it.
19. Security Devices mean any Security procedure or tool (physical or electronic, protected or unprotected by password) assured by the Bank for a purpose related to the use of the Byblos Bank Website, the Electronic Banking Services and/or to effect Customer Instructions, in conjunction with the Access ID and PIN.
20. Transaction means utilization of any of the Electronic Banking Services, execution of a banking operation through the Electronic Banking Services, and includes any utilization that may not be authorized by the Customer or which may be fraudulent or dishonest

3. AVAILABILITY AND ALTERATIONS

1. Availability of the Electronic Banking Services
   1. The Electronic Banking Services are provided on an “as is” / “as available” basis only.
   2. The Bank does not warrant that the Electronic Banking Services will be available on an uninterrupted basis. The Bank shall be entitled at any time, to temporarily or indefinitely suspend the operations of some or all of the Electronic Banking Services for updating, maintenance and upgrading purposes, or any other purpose regardless of its nature that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result of such suspension.
2. Alteration and limits to the Electronic Banking Services
   The Bank may, without notice, at any time and from time to time add to, vary, alter, suspend or remove any of the Electronic Banking services or products, including without limitation the right to set, vary or cancel limits for any transactions types, facilities, services and products that may be carried through the Electronic Banking Services, and to vary their frequency and availability period.

4. USE OF THE ELECTRONIC BANKING SERVICES

1. Use of the Electronic Banking Services in General
   The Customer shall be bound by and shall comply with any and all of the Bank’s procedures, requirements, restrictions, instructions or any additional conditions pertaining to the access and use of the Electronic Banking Services as may be issued by the Bank at any time.
2. Use of Access ID, PIN / Password, Certificates and Security Devices
   1. The Access ID and/or the PIN and/or any other Security Device may be collected by the Customer at the branch where the Customer Identification File (CIF) is maintained or as may be otherwise arranged by the Bank
   2. The Customer shall abide by the instructions provided to him by the Bank for using the Device, Certificate, Password and Access ID and shall cause its Delegates to comply with the terms of this Agreement and any other instructions or recommendations the Bank may issue regarding Electronic Banking Services security including, without limitation, the security recommendations contained in the Customer Guides, and more particularly in the Security Guide relating to Electronic Banking Services.
   3. The Customer shall at its sole responsibility set up, maintain and regularly review security arrangements concerning access to and use of the Electronic Banking Services, its computers, devices, equipment and communication systems and information stored therein, and in particular its control and any of its Delegates‟ control of Access IDs, Passwords, Certificates and Security Devices.
   4. The Bank may from time to time at its sole discretion and without any liability change the Access IDs, Passwords, Certificates, security devices and/or procedures used by the Customer in order to perform Electronic Banking Services considered by the Bank as high risk. The Customer shall comply with using such new devices and/or procedures.
   5. The Customer may at any time change the PIN to another Password and/or number of his choice through such methods as may be prescribed by the Bank from time to time.
   6. The Customer shall memorize and shall ensure that its Delegates memorize and keep their passwords and Access IDs confidential and for their use alone and secure at all times and take steps to prevent unauthorized use of their Access IDs, Passwords and any Certificate provided to them, including but not limited to the following:
      1. Never write or otherwise record their Access IDs and Passwords in a way that can be understood by someone else except where it is required by the Bank as set out in the Customer Guides;
      2. Never reveal their Access IDs and Passwords to anyone else, including their staff, except where specifically provided in the Customer Guides;
      3. Destroy any advice from the Bank concerning their Access IDs and Passwords promptly after linking their Electronic Banking Services logon details to their Byblos Bank Website logon, except where specifically provided in the Customer Guides;
      4. Avoid Passwords which may be easy to guess such as passwords used in connection with third parties, telephone numbers, birthdays, addresses, or any other readily identifiable combination of letters or numbers or other personal information;
      5. Inform the Bank immediately if they believe that a third party may have seen or have had access to their Access IDs, Passwords or Certificates;
      6. Never record their Passwords on any software which retains it automatically (for example, any computer screen prompts or „save password‟ feature or the like on their Internet browser);
      7. Change their Passwords on a regular basis, not alternate between passwords and not to use any previously used Electronic Banking Services Password or Security Device Password.
      8. Choose a different Electronic Banking Services Password from any personal identification number or other secret code he uses for other Banking Services.
   7. The Customer shall take all reasonable precautions to maintain the secrecy of his Access ID, Electronic Banking Services Password, and Security Device Password, including ensuring that any information stored on any device with which he accesses the Electronic Banking Services is protected against unauthorized access by third parties.
   8. Some internet browser applications allow the user to electronically store passwords for easy future access to a particular website; the Customer shall not use this "save password" feature in conjunction with Electronic Banking Services.
   9. The Bank shall not be responsible for the security or confidentiality of the Customer’s Account information or instructions until actually received by the Bank. Once the Customer or its Delegates have initiated an on-line Electronic Banking session, they will, under no circumstances, leave the electronic terminal from which they have accessed Electronic Banking Services until they have terminated that session and have logged-off the Electronic Banking Services. The Customer shall be responsible for ensuring that he or the Delegates have logged off Electronic Banking at the termination of any Electronic Banking session. The Customer shall also be solely responsible for implementing any and all browser security measures available through Customer web browser, including, closing Customer web browser or clearing Customer browser's cache after an Electronic Banking session.
   10. The Customer shall not access Electronic Banking Services, Byblos Bank website, or Byblos Bank Electronic Banking Services website, from any device connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no one else will be able to observe or copy their access or get access to Byblos Bank Website and/or to Electronic Banking Services pretending to be a Delegate. The Customer shall ensure that his Delegates abide by the same.
   11. The Customer and its Delegates shall ensure that
       1. all Security Devices are kept completely confidential and secure; and
       2. there is no unauthorized use or abuse of the Security Devices
   12. The Customer and its Delegates shall undertake to notify and/or contact the Bank immediately (“Security Notification”) if he has reason to believe that, suspect that or has knowledge that any of the following has occurred:
       1. the security of any Security Device may have been compromised
       2. the Security Device is damaged or no longer functional
       3. such Security Device has become known or been revealed to any person other than the Customer and/or the concerned Delegate.
       4. there has been unauthorized use of any Security Device or an unauthorized access to Byblos Bank website and/or Electronic Banking Services, or any unauthorized transaction or instruction which the Customer or any of its Delegates know of or suspect.
       5. there has been use of the Electronic Banking Services by any unauthorized person other than the Customer or its Delegates.
       6. if the Customer suspects someone else knows the Passwords of one or more of the Delegates or has access to their Certificates and Security Devices. In the event of any such breach or suspected breach of security, the Customer shall ensure that all its Delegates change their Passwords or security devices immediately.
          
          Until the Customer gives such notice to the Bank and the Bank actually receives it, the Customer will be liable for all Transactions and customer instructions that may be carried out as a result of authorized or unauthorized use of Customer’s Access ID, or Electronic Banking Services Password, or Certificates or Security Device.
   13. The Bank shall be entitled to deactivate or revoke the use of any one or more Security Devices at any time without assigning any reason and without prior notice to the Customer.
   14. The Bank shall not be liable in contract, tort or otherwise, for any damage, losses, expenses or costs whatsoever whether direct, indirect, foreseeable or not, suffered or incurred by the Customer as a result of:
       1. any transaction resulting from any Instruction made by the Customer or purportedly made by the Customer or its Delegates with or without the Customer’s consent and referable to such Compromised Security Device and which was processed by the Bank prior to or at the time of such Compromised Security Device and which the Bank has stopped the processing thereof; or
       2. any failure by the Bank to carry out any Instruction referable to a Compromised Security Device, Access ID, Certificate, and/or PIN/Password which was outstanding as at the time the Bank has stopped the processing thereof.
   15. The Customer shall comply immediately with all requests for assistance from the Bank in trying to recover any losses or identify actual or potential breaches of security.
   16. If the Customer suspects any impropriety on the part of any of its Delegates in connection with the use of Electronic Banking Services, or a Delegate is leaving his employment, the Customer shall immediately notify the Bank in writing and take all steps to ensure that the Delegate is replaced and his access to Electronic Banking Services is revoked, including but not limited to recovery and destruction of security Devices issued to the relevant Delegate either by cutting across the computer chip located on the security Devices or in such a manner as directed by the Bank.
   17. It is the Customer’s duty to make sure that any device which the Customer or its Delegates use to access Electronic Banking Services is free from and adequately protected against viruses and other destructive or disruptive components. In particular, the Customer shall ensure that anti-virus, anti-spyware and firewall software („Security Software‟) are installed in the device which the Customer or its Delegates use to access Electronic Banking Services, and that these Security Software are regularly updated with security patches and new versions as issued or recommended from time to time by the suppliers of such security software.
   18. The Bank shall not be liable for defects in the Security Device provided by the Bank especially for any malfunctions attributable to extrinsic causes, such as (i) natural disasters including fire, smoke, water, earthquakes or lightning, (ii) electrical power fluctuations or failures, (iii) failure of Customer to comply with the conditions and storage instructions or other abuse, misuse, accident, alteration, neglect, (iv) repair, correction or modification not provided or authorized by the Bank. The Bank does not warrant that the Security Device operates without interruption or without error

5. CREATION AND MANAGEMENT OF USERS

1. The Bank may offer to legal entities through the Electronic Banking Services the right for their authorized signatories (“Authorized Signatories”) without getting the prior approval of the Bank, to create Delegates profiles, define transactions limits, activate/deactivate access to accounts, and assign rights to Delegates as they might deem fit from time to time.
2. The authorized signatories shall inform the Bank of the identity of the Delegates, provide it with the contact details as requested, and validate each Delegate’s access and/or rights in using Electronic Banking Services.
3. The Authorized Signatories must ensure that the rights they define and validate for the Delegates for Electronic Banking Services are legal, valid and binding for the legal entity. The Bank shall not in any way be liable for verifying these accesses, delegations and/or approvals The Customer undertakes that all the rights exercised by the Delegates do not contravene any law, or regulation to which it is subject or any regulation and agreements related to the Customer.
4. The Customer shall notify the Bank of any changes in the above Delegations. Any failure to notify the Bank of any change in aforementioned rights and to request the amendment of these Delegates‟ electronic banking profiles, caused by a change in the Delegate’s employment or function or authority status at the legal entity, and any resulting transactions and instructions triggered or confirmed by these Delegates and executed by the Bank, shall be considered as binding to the Customer and at its sole liability of the Customer without any kind of liability on the Bank.

6. CUSTOMER INSTRUCTIONS

1. All Instructions received through the Electronic Banking Services (whether authorized or not by the Customer or its Delegates), or by digitally signed email from the Customer or Delegate, are deemed to be authentic and duly authorized Instructions, are irrevocable and binding on the Customer. The Bank shall be under no obligation to investigate the authenticity or authority of persons effecting the Instruction or transaction and shall be entitled to effect, perform, or process such instructions and/or transactions without any further reference or notice to the Customer or its Delegates.
2. The Customer acknowledges and agrees that any instructions sent through email to the Bank must be digitally signed using his PKI certificate. Any instructions sent by the Customer or his delegates through an email not bearing their digital signature may not be processed by the Bank.
3. The Bank is authorized to accept, rely upon and act upon the Customer’s or its Delegates‟ instructions given in any manner permitted by the Electronic Banking Services, or given through digitally signed email from the Customer or Delegate, as if he has given signed written instructions to the Bank, even if they may conflict with any other mandate given at any previous time concerning his Accounts.
   
   The Bank is authorized to debit the Customer’s Accounts with any amounts the Bank has paid or incurred in accordance with instructions received through the Electronic Banking Services regarding said Accounts.
4. The Bank shall not be liable for not accepting or executing any instructions provided by the Customer in the form of a document uploaded on the Electronic Banking Service platform, especially for purposes of salary domiciliation, if the file is found or suspected to be infected (virus, Trojan…) by the Bank.
5. Notwithstanding sub-clause (6.1) above, the Bank may at any time: (i) refrain from acting promptly upon any Instructions given or purportedly given by the Customer in order to verify the authenticity thereof without incurring any responsibility for loss, liability or expense arising out of so and refraining to act; or (ii) require any Instruction to be confirmed in writing and signed by the Customer before acting upon such Instructions.
6. The Bank may refuse to complete or may reverse any Customer Transaction or instruction if:
   1. the Transaction/Instruction is one that the Bank cannot process; or
   2. in case the Customer is a legal entity, the transaction/Instruction is not authorized on the Electronic Banking Platform by the eligible Delegates, according to the rights defined and approved for each Delegate by the Authorized Signatory(ies); or
   3. he Transaction exceeds Customer’s balance or credit limit or violates any provision in any other agreement he may have with the Bank; or
   4. the Transaction is a payment/transfer to a business or other person that does not accept the Transaction;
   5. there is an operational failure or malfunction in the Electronic Banking Services; or
   6. the Transaction involves any Account that the Bank considers inactive.
   7. The Bank may specify at its sole discretion, limits on transaction types and values in respect of the Electronic Banking Services and may refuse to complete/execute any Transaction if such Transaction exceeds a particular limit.
   8. The processing of some Transactions such as payments, domiciliated salary payment or transfer of funds to third parties, may not be executed outside the Bank’s working hours, and may require two or more business days for completion
   9. The Customer shall be liable for all transactions processed or effected pursuant to the use or purported use of the Security Devices with or without his knowledge or consent, and the Customer waives all rights and remedies against the Bank in respect of any loss arising from unauthorized use of the Security Devices.

7. CONFIRMATION FROM THE BANK

The Instruction to the Bank through the use of the Electronic Banking Services may not be received by the Bank for reasons beyond the Bank’s reasonable control including but not limited to mechanical, software, computer, telecommunications or electronic failure. Unless the Customer receives a confirmation of receipt of the same from the Bank (via secured or unsecured medium pre-identified by the Bank) or from a duly authorized officer, employee or agent of the Bank, or views proof of the execution of transaction on his account balance displayed on the Electronic Banking Services platform, instructions may not have been received and accordingly may not be processed or accepted by the Bank. The Customer authorizes the Bank to keep the confirmation of any transaction in the Bank. The Customer acknowledges and agrees that the Bank shall not be liable to him in any way for any loss or damage whatsoever caused arising, directly or indirectly, in connection with the transmission or failure of transmission of Instructions to the Bank through the use of the Electronic Banking Services or any lack of confirmation of receipt of any Instructions by the Bank for whatever reason.

8. FEES AND CHARGES

The Bank reserves the right to impose, set and/or modify the fees and charges payable by the Customer for use of the Electronic Banking Services, and/or use / maintenance / replacement / renewal of any Security Device or certificate related to that Service, in the exercise of the Bank’s sole discretion. The Customer authorizes the Bank in advance to exercise such right and shall pay all fees and charges imposed by the Bank for the use of the Electronic Banking Services and related Security Devices as varied from time to time. The Bank is authorized to debit such fees and charges incurred by the Customer to any Account(s) which he has with the Bank. If there are insufficient funds in the Customer Account(s), the Bank may cancel all Customer instructions and terminate this Agreement.

9. SUFFICIENT FUNDS

At no time and under no circumstances shall the Customer use or attempt to use the Electronic Banking Services for payments or the transfer of funds unless there are sufficient available funds in the Account. The Bank is under no obligation to honor any Instructions unless there are sufficient funds in the Account at the time of receipt of the Instruction.

10. COLLECTIVE ACCOUNTS

Where an application for the use of Electronic Banking Services has been accepted by the Bank and that application is in respect of a Collective Account, the Bank shall be entitled to act on any instruction purportedly arising from all account holders according to the “Application Form for Opening a Collective Credit Account” signed with the Bank

11. RECORDS OF THE BANK

1. The Bank’s records and any records or recordings of the Transactions, instructions, communications, operations or any other transactions made, performed, processed or effected through the Electronic Banking Services by the Customer or any person purporting to be the Customer, acting on his behalf or purportedly acting on his behalf, with or without his consent, or any record of any transactions relating to the operation of the Electronic Banking Services and any record of any transactions maintained or by any relevant person authorized by the Bank relating to or connected with the Electronic Banking Services shall be binding and conclusive on him for all purposes whatsoever and shall be conclusive evidence of the transaction and Customer’s liability to the Bank. All such records shall be admissible evidence and the Customer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waives any of his rights (if any) to so object.
2. Without limiting the generality of Clause 11.1 above, the Bank shall be entitled (but not obliged) to keep track of any communications between the Bank and the Customer. Any such tracking may be used as evidence in any proceedings or disputes involving the Bank and shall be conclusive evidence of the Instructions and of other communications between the Bank and the Customer.

12. NO WARRANTY

The Bank does not warrant the results that may be obtained from the use of the Electronic Banking Services. Notwithstanding any other provision of this Agreement, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, satisfactory quality, merchantability and fitness for particular purpose is given in conjunction with the Electronic Banking Services and / or the Security Devices.

The Customer shall bear all liabilities resulting from the Electronic Banking Services risks which may lead to information errors and violation of Banking Secrecy Laws.

13. LIMITATION OF LIABILITY

1. The Customer assumes the entire cost of all necessary servicing, repairs, or corrections to any equipment arising from or connected to Customer’s access to Byblos Bank Website and the Electronic Banking Services.
2. Without limiting the above, the Bank does not represent or warrant that:
   1. the Electronic Banking Services, Byblos Bank Website or its content will be available or will function without interruption or that they will be free of errors or that any errors will be corrected;
   2. or the use of the Electronic Banking Services and Byblos Bank Website, including the browsing and downloading of any content will be free of viruses, Trojan horses, worms, or other destructive or disruptive components;
   3. or the use by the Customer or any of its Delegates of the Electronic Banking Services and Byblos Bank Website or its content will not infringe the Intellectual Property or other rights of any third party.
3. The customer may receive alerts that have been automatically generated by the bank’s electronic banking services. The Bank would not have verified the content of this alert and bear no responsibility therefore. The Customer shall conduct his own verification and confirmation regarding the information including, without limitation, the status of any transaction mentioned in it. Where this alert is sent over the internet or by SMS message, the Customer acknowledges that such communication may be delayed, interrupted or could fail. In particular, email messages sent over the internet cannot be guaranteed to be timely, secure, error or virus-free as information could be intercepted, corrupted, lost, arrive late or contain viruses.
4. The Bank will not, under any circumstances, be liable to the Customer or anyone else for any damage (direct, indirect, or consequential) relating to the use of the Electronic Banking Services and Byblos Bank Website by him or anyone else (including without limitation, loss of use, loss of business, loss of data, loss of profits and third party claims).
5. Without limiting the above, the Bank will not be liable to the Customer or anyone else for any damage suffered as a result of the Bank’s failure or delay in accepting or processing a transaction or as a result of any failure attributable to any third party. In no event, will the Bank be liable to the Customer or anyone else for any losses suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Electronic Banking Services.

14. FORCE MAJEURE

1. The Bank shall not be responsible or liable to the Customer for delays or failure in performance, whether foreseeable or not; and/or any losses, expenses or damage howsoever arising, whether foreseeable or not, resulting from or due to any circumstances or causes whatsoever which are not within the reasonable control of the Bank.
2. Without limiting of the generality of Clause 14.1 above, the following shall be regarded as circumstances and/or causes beyond the Bank’s reasonable control: (i) restrictions, regulations, laws, prohibitions or measures of any kind, (ii) power failure, (iii) acts of default of any telecommunications network operator, circumstances where communication lines for the Bank’s computer systems cannot be used for reasons attributable to third party telecommunication carriers and (iv) the failure of performance of any vendor, supplier or contractor of the Bank as a result of the risk that computer and/or automated systems, hardware, firmware and/or software may be unable to recognize and perform properly date- sensitive or date-dependent functions (v) failure of the internet due to any kind of circumstance.

15. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the Iraqi laws. Iraqi Courts shall have jurisdiction over any litigation arising out of the interpretation and/or execution of this Agreement. This shall not limit the right of the Bank to bring any proceeding in whatsoever jurisdiction the Bank deems fit in Iraq or outside Iraq and the taking of any proceeding in any court shall not preclude the taking of a proceeding in any other jurisdiction.

16. AMENDMENTS

1. The Bank may amend the terms of this Agreement at any time as necessary for the effective operation of the Electronic Banking Services. The Bank will inform the Customer of any amendments by: (a) Posting to the Customer a hardcopy of the amended Electronic Banking Services, Terms and Conditions; or
   (b) By posting an electronic version of the amended Electronic Banking Services Terms and Conditions on the Electronic Banking website; or
   (c) Exhibiting the same at the Bank's branches in Iraq.
2. The amended Electronic Banking Services Terms and Conditions shall comprise the entire agreement between the Customer and the Bank, and the Customer shall be bound by the amended terms from the date at which they are expressed to take effect, whether or not the relevant notice has been seen or received by the Customer (as the case may be). If the Customer does not accept the amendments, the Customer may terminate its access to Byblos Bank Website and the use of Electronic Banking Services. If the Customer or any of its Delegates continue to access and use Electronic Banking Services. at any time after the amendments, the Customer shall be deemed to have accepted and agreed to such amendments without reservation.

17. NOTICES

Any notice to be given under this Agreement by the Customer to the Bank must be communicated in writing by post. Any notice to be given by the Bank to the Customer under this Agreement can be communicated by post, through Electronic Banking Services, or to the Customer’s email address most recently notified to the Bank or exhibited at any of the Bank branches. If by post, the notice will be considered to have been received five days after posting by one party to the postal address most recently notified by the receiving party and if through Electronic Banking Services or via email three days after transmission.

18. TERMINATION

The Bank shall be entitled at its absolute discretion to forthwith terminate this Agreement or to forthwith deactivate or end the Service without any reasons at any time by giving notice.

In case of discrepancies between the Arabic and the English texts, the Arabic text shall prevail