The Royal Bank of Scotland N.V.
 

TERMS & CONDITIONS - SMART BILL PAY
 
I/We agree to be bound by the terms and conditions as stated below;
1. "Smart Bill Pay"; is a service exclusively for RBS Credit Cardholders ("Cardholder"), which is defined as a service/facility which enables setting up of standing instruction facility for direct debit authorisation of the Cardholder’s Credit Card Account for payment of utility bills to utility companies listed on the Smart Bill Pay website. This service is being provided by The Royal Bank of Scotland N.V. (“Bank”). For the said services, the Cardholder agrees to pay registration fee, processing fee charges, service tax, education cess and other such charges as communicated by the Bank from time to time at its sole discretion. Further, said amount will be automatically debited to Cardholder’s Credit Card Account. Currently, the said services are being offered free of cost to Cardholders. The registration for the service will be accepted only if the credit card details are successfully validated for the purpose of which Cardholder agrees to his credit limit being blocked for Re. 2, which will subsequently released within 30 days from the date of registration.
2. The term "Utility Company" or "Biller"; shall mean a company, organisation or entity that sends a Bill, statement or invoice, usually a request for payment for a product or service to the Cardholder.
3. The said services will be available to the designated Credit Cardholders only and is not applicable to any other accounts held with the Bank.
4. The Bank reserves the right to revoke / stop this facility if, in the sole discretion of the Bank, the Cardholder’s credit behavior on the Bank’s Credit Card is unsatisfactory.
5. The Cardholder agrees that he / she would enter the Bill details correctly in the designated fields on the webpage to which he will be directed on submission of Biller Name, Location, if entered incorrectly it will not be the responsibility of the Bank, and any further disputes are to be settled with the utility company directly by the Cardholder.
6. It will be the responsibility of the Cardholder to ensure that no double payment is made from his end for the same bill.
7. The Bank will not bear the responsibility of late payment made by the Cardholder.
8. It will be the responsibility of the Cardholder to inform the Bank in writing of any change or withdrawal of the Smart Bill Pay facility thus availed. Such change or withdrawal will take 30 days to be effected upon receipt of a written Cardholder request. Failure of the Cardholder to do the same and subsequent debits, if any, towards utility payments will constitute valid transactions and the Cardholder will be liable to pay the same.
9. Certain utilities / service providers may specify the date on which payment is to be made, notwithstanding any instructions given by the Cardholder in this regard, the Bank shall remit the payment anytime before the payment due date specified by the utilities / service providers.
10. Without prejudice to the generality of the aforesaid, processing of all the payments are subject to the availability of free, clear and available limits in the Cardholder's Credit Card Account at the time of processing the transaction. In the event of credit limits not being wholly available, the Bank shall not process the instructions and shall not make payments to the utility company.
11. Any disputes arising out of disconnection of the utility services, penalty from government and late charges on installment dues arising due to change / revocation of the services will be the sole responsibility of the Cardholder and the Bank shall not be responsible/liable for the same.
12. The Cardholder indemnifies the Bank from and against all actions, suits, claims, liabilities and proceedings due to or arising out of any or all disputes between the Cardholder and Utility companies or by reason of the Bank acting in good faith or refusing to take or omitting to act on the said services.
13. The Bank shall not be liable to the Cardholder for any loss or damage whatsoever or howsoever arising directly or indirectly including without limitation due to delay or failure to give effect to the Smart Bill Pay facility.
14. The Bank will endeavour to effect payments / carry out instructions received by it within the payment due date to each utility company. However, the Bank does not warrant that payment / fulfillment of instructions will not be delayed for reasons beyond its control. As the instructions would depend on various electronic technology used from time to time, there could be delays in receipt of any instructions by the Bank from the Cardholder and by the provider of utilities / services.
15. The Bank will not in any way be connected with the disputes between utility companies and the Cardholder.
16. This service is available only for utility bills pertaining to residential uses. No commercial utility bills will be paid under these services.
17. The Smart Bill Pay facility is in respect of the entire charges or to the extent of the limit set by the Cardholder on the utility outstandings and the said instruction shall be valid and binding for the validity period and subsequent renewal period of the Card Account, unless and until rescinded by the Cardholder in writing to the Bank.
18. No receipt will be given for bills paid through these services. Cardholder statement is adequate proof that such payment was paid to utility company.
19. The Bank neither endorses the services offered, nor is it in any manner party to the contracts that may be executed between the Cardholder and the providers of such Utilities / Services. The providers of Utilities / Services shall be solely responsible to the Cardholder to render the Utilities / Services for which Payment is to be made by the Bank and the Bank shall not be responsible/liable for any deficiency in the same including, but not limited to, deficient quality, delivery, quantity etc., and shall not be made party to any disputes between the Cardholder and any providers of Utilities / Services.
20. The Cardholder shall not hold the Bank liable for any non-service, delayed service or faulty service rendered by the provider of Utilities / Services and shall not contact or communicate in any manner whatsoever, inter alia, by electronic mail, phone, post, SMS, or personal meeting with the Bank in this regard.
21. The Bank will not accept any cancellation request by the Cardholder if the payment transaction has been authorised on his card account and payment accepted by the Biller. Any disputes will have to be settled by the Cardholder directly with the Biller.
22. Nothing contained herein shall prejudice or affect the terms and conditions of the Cardmember Agreement. The terms of these services shall be in addition to and not in derogation of the terms contained in the Cardmember Agreement.
23. Nothing contained in the said services shall be construed as binding obligation on the Bank or any participating utility company to continue the services after the services are terminated or substitute by a new or similar services.
24. The Bank reserves the right to revoke/stop these services to any Cardholder without any prior intimation if the Bank believes that the continued use of these services is not in the interest of the Bank.
25. As and when other communication channels are introduced the Bank may be entitled to rely upon all electronic communications, orders or messages to the Bank from the Cardholder whether received by email, SMS, on telephone or otherwise in the manner prescribed for the same from time to time by the Bank and the Bank shall not be obliged to verify or make further inquiry into the identity of the sender, or the message integrity, of any communications, orders or messages. The Cardholder shall in no circumstances dispute such reliance by the Bank.
26. All disputes arising out of the said services shall be subject to the exclusive jurisdiction of competent courts in New Delhi.
27. The said services will be effective subject to the Bank’s Credit Card being valid and in good standing.
28. The Bank may at its sole discretion accept or decline the said services by the utility company.
29. The record of charges in respect of the said services received or availed by the Cardholder and submitted by utility companies to the Cardholder’s Account will neither bear the Cardholder’s signature nor the imprint of the Cardholder’s Card. The Cardholder therefore undertakes to unconditionally honour and pay without demur and contestation all the said charges including interim charges booked by him/her under the said services, as and when he/she is billed for the same by the Bank. This Recurring Transaction Instruction shall subsist during the validity period of my Card and subsequent renewals thereof.
30. Cardholder agrees to resolve disputes (if any) of whatsoever nature directly with the utility company and will not hold the Bank liable for any deficiency of services provided by the utility company.
31. Cardholder hereby affirms that he/she is liable to honour all his/her credit card commitments irrespective of any grievances/complaints he/she may have with utility companies.
32. Cardholder agrees to communicate termination of the facility to the Bank in writing failing which the payment made to the utility company will be construed as valid and binding on me.
33. The Bank may change from time to time the utility companies for which Smart Bill Pay facility is extended.
 
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