DBTC
DBTC
DBTC
Definitions:
The following words wherever stated have the meanings assigned to them respectively:
A day on which the Bank is open for banking business in the State
Business Day
of Qatar.
Means the local currency of the State of Qatar: the Qatari Riyal
Card Currency
(QAR).
3
Cash disbursed to the Cardholder by any bank or financial
Cash Advance
institution inside or outside Qatar or by their affiliated ATM’s.
Supplementary A person who you have authorised to use the Card and to whom
Cardholder we have issued a Supplementary Card.
1. Account Opening:
a. Individual Accounts can be opened in the name of one person or jointly in the name of two
or more persons.
4
2. Base Account Number:
The Bank shall assign a base identification number (called RIM) to each customer to proceed
with all transactions with the Bank. The base account number is used to determine the
Customer’s various account types. The customer may carry out transactions with any of the
Bank’s branches.
3. Specimen Signature:
The specimen signature of the Customer, registered with the Bank, shall be deemed as the
basis for dealing with the Customer’s accounts and shall remain effective unless amended
or cancelled. Such amendment or cancellation shall be valid only on the next working day
following the day of receipt of such instructions by the Bank.
a. The Bank will accept deposits from the Customer in cash or by customary banking
practices. Deposits by third parties into the Customer’s account may be accepted without
any responsibility by the Bank.
b. I hereby confirm that I am the real beneficiary of the account. Drawings can be made by
the Account holder or by an authorised agent who can be appointed after completion
of the required documents prepared by the Bank. Cash drawings from savings and call
accounts shall be done by using the Bank’s forms or the special request or the Debit Card.
Cash drawings from the Current Account shall be done by using cheques issued by the
Bank or the Debit Card or Bank supplied forms.
c. Account holders who are unable to sign their names (for example, blind or illiterate
customers) should produce official identification acceptable to the Bank and should
complete the transaction in front of a Bank official by using a finger print and stamp (if
any) before drawing any amount (applicable to Individual Accounts only). For the interest
of blind or illiterate customers, the Bank will not issue a cheque book or Debit Card except
through an authorised agent.
b. Drawings against cheques under collection shall only be allowed after their actual
realisation.
c. The Bank shall pay the actual value of inward telex / SWIFT remittances, drafts and Bank
cheques received in favour of the Customer after deducting any banking commissions and
Charges.
5
d. The Customer agrees that the purchase by the Bank of a draft (in foreign currency) issued
previously by the Bank at the request of the Customer, shall be at the discretion of the
Bank and at the prevailing exchange rate on the day of purchase after deducting any
commissions and Charges payable to the Bank.
e. The Bank shall credit all inward remittances and drafts of the Customer in the Customer’s
account in the currency of such account unless the Bank receives instructions to the
contrary from the Customer, whereupon the deposit shall be calculated at the exchange
rate prevailing on the day of deposit.
f. The Bank shall have the right to reject the payment of any draft or transfer if the name of
the beneficiary and/or his/her account number does not match the Bank’s records or for
any other reason.
g. All transfers effected by the Bank according to the Customer’s instructions shall be at the
Customer’s expense and responsibility, and the Bank shall not be held responsible if any
amounts credited to the Customer’s account are reduced due to any Charges or a decline
in value, and the Bank shall not be responsible if the Customer is unable to cash any funds
on account due to restrictions issued by any concerned authorities.
h. The Bank and its correspondents are not liable for the consequences of any irregularity,
delay, mistake, telegraphic error, omission or misinterpretation that may arise from and
against any loss which may be incurred through its correspondents failing to properly
identify the persons named in the instructions or retaining the funds should the Bank or
its correspondents deem such retention expedient pending confirmation regarding the
identity of any person or of the above instructions by a letter or otherwise.
i. Should all or any of these transfers be unpaid and refunded to the Bank, the Customer
can only claim the value of the transfers at the buying rate of the day when the refund
takes place. The refund cannot be effected until the Bank has received confirmation from
its correspondents that the funds are unpaid and that the original instructions have been
cancelled.
6. Statements of Accounts/Addresses/Details:
a. I hereby confirm that all information and documents provided by me herein are correct
and genuine. I undertake to inform Dukhan Bank immediately of any changes to the
information provided.
b. The Customer shall be provided with advice and Statements of Account (as per the
Customer’s request or at the Bank’s discretion) and if the Bank does not receive any
objection within fifteen (15) calendar days from the date of dispatch of the advice or the
Statement of Account by mail, or any other agreed means of communication then such
Statement of Account and advice shall be deemed correct.
6
c. Unless the Customer gives notice in writing, the address set out on the Account Opening
Form shall be the approved address for dispatching by mail a notice, advice or Statement
of Account or notification to the Customer, and the Customer shall inform the Bank in
writing in case of any change regarding the Customer’s details set out on the Account
Opening Form.
d. The Bank may stop sending advice or Statements of Account if they are returned twice to
the Bank and were considered twice not received by the customer.
e. The Customer shall have the right to ask for an additional copy of a Statement of Account
at the Customer’s own expense.
The Bank shall agree to act upon any instructions for standing orders provided that the
Customer’s Account has sufficient balance on the due date(s) to fulfill such instructions, and
the Bank shall not be responsible for any delay or error in dispatch on the part of the Bank or
its correspondent who transfers the funds. The Customer declares that the Bank shall not be
held liable and the Customer shall indemnify the Bank for any losses, damages or expenses
incurred by the Bank due to the execution of the standing orders given by the Customer.
8. Adjustments of Entries:
In case of any error in entries, any adjustment or correction in the entries signed by the Bank
shall be considered effective and correct, and the Customer does not have the right to claim
the value of any deposits made in error into the Customer’s account, and the Bank is
authorised to process the correction entries accordingly and debit the Customer’s account.
The Customer declares that the Bank has the right to claim any amounts paid in error into the
Customer’s account and the Customer agrees to settle any wrongful entry by any method or
procedure, and on the date(s) specified by the Bank without any objection and irrespective of
the lapse of any period of time from the date of occurrence of the wrongful entry.
a. The Bank may, without consulting the Customer, debit the Customer’s account with
any Charges, expenses or commissions payable for any banking service rendered in
accordance with the banking Charges and commissions approved and announced by the
Bank.
b. Current, savings and call accounts are subject to a stipulated minimum daily balance level
as determined and announced by the Bank. The Bank has the right to deduct the required
fees if the daily balance falls below the determined level.
7
10. The Bank’s Rights of Account Set-Off and Securities:
a) Where a Customer maintains more than one account with one of the Bank’s branches
or establishes more than one account in the future, the relationship between the Bank
and the Customer will be deemed to constitute that of a single account relationship. The
Bank shall have an absolute right to combine or merge any or all the Customer’s accounts
for the purpose of setting-off a debit balance against an available credit balance or to
reimburse itself for the recovery of any commitments for which the Customer is liable.
b. The Customer agrees that the Bank may at any time and without giving any prior notice
freeze, set-off or transfer any amount between the Customer’s accounts, regardless
of the type or name of the account, or regardless of whether it is an individual and/or
joint account, or in local or foreign currency, so that each account shall be considered as
Security for the other accounts, individually or jointly, for the purpose of setting-off any
debts of the Customer or a party guaranteed by the Customer in favour of the Bank.
c. The Bank may enforce all guarantees and assets subject to security granted by or on
behalf of the Customer in favour of the Bank for the purpose of settling any amounts
owed by the Customer to the Bank.
a. The Customer may open accounts in foreign currency upon the approval of the Bank and
the transactions in this account shall be effected only by Bank’s forms, drafts or written
instructions, in the same currency of the account.
b. Cash withdrawal in foreign currency notes or from foreign currency accounts will be
subject to the rate of exchange (on the day of withdrawal) and commission determined by
the Bank from time to time.
c. Customers holding foreign currency accounts may transfer amounts from the foreign
currency accounts to local currency accounts or vice versa at the prevailing rate of
exchange on the same day. The Customer acknowledges that the Bank will not be held
responsible for any exchange losses that the Customer may incur when transferring any
amount from the foreign currency accounts to another currency accounts.
a. A joint account is an account opened jointly for two or more persons in which they have
equal rights and equal obligations. All deposits made in a joint account and the inward
transfers to this account shall be deemed to be owned equally by the account holders
unless otherwise stipulated in writing to the Bank.
b. Persons authorised to operate joint accounts will be entitled to deposit and withdraw
convertible currencies, cheques, payment orders, drafts or other negotiable instruments.
Such authorised persons, will also have the right to draw, endorse and negotiate cheques,
transfers or other negotiable instruments in favour of the Bank in their capacity as
authorised representatives.
8
c. The joint account holders shall be jointly and individually/severally liable for settling in
full all dues or claims to the Bank that may arise or any commitments, present or future,
resulting from the actions of those operating the account or any withdrawals that may
cause the account to be overdrawn.
d. If one of the joint account holders is subject to an attachment, such attachment will be
enforced on that individual’s share only with effect from the day of notifying the Bank
of said attachment. The Bank shall stop withdrawal from the joint account to the extent
of the attached share, and shall consequently notify the joint account holders or their
representative of the said attachment within five working days from the day of the
attachment notification.
e. The joint account holders authorise the Bank to include their share in the joint account for
set-off against their other various accounts.
f. In the event of death of one of the joint account holders or the loss of their legal capacity,
the other account holders should notify the Bank of their intention to continue the
account, within a period not exceeding ten days from the date of death or loss of legal
capacity. The Bank shall then suspend withdrawal from the joint account until a successor
is legally appointed by the competent court.
g. None of the joint account holders or their representatives should request credit facilities
in their personal name secured by the joint account without a written approval from all of
the joint account holders.
h. The Bank shall have the right to issue a Debit Card to each of the joint account holders
if each of them is authorised to handle the account by a single signature only, and they
will be held individually or jointly, responsible for all liabilities that occur from using this
service.
a. The persons authorised to sign, whose names are mentioned on the Account Opening
form, shall handle all of the banking and investment transactions with the Bank to the
extent of the powers granted to them in the company’s memorandum and articles of
association and commercial registration or by a legalized power of attorney.
b. The company/ establishment/ organisation undertakes to inform the Bank promptly in
writing of any changes in its memorandum or articles of association, the commercial
registration or its by-laws or its legal form or any change in its constitution, board of
directors, partners or representatives or any changes in the authorised signatories. The
Bank will bear no responsibility in the event that any of its directors, partners, managers
or representatives have violated the provisions of the Company’s status as contained in its
articles of association or its by-laws or have acted against their powers.
c. The company/ establishment/ organisation authorises the Bank to pay and debit the
account, whether the account was in credit or overdrawn or which subsequently becomes
overdrawn due to such debits, all transactions issued by those authorised to operate
the Accounts in accordance with the authorizations held by the Bank. The company/
establishment/ organisation shall be liable for any instructions or orders issued to
the Bank by those authorised to operate the Accounts and to enter into all Banking
Transactions including documentary letters of credit, money transfers and all transactions
including any credit facility etc.
9
d. The company/ establishment/ organisation undertakes to furnish regularly to the Bank
an audited balance sheet and income statements or any other document required by the
Bank.
a. The Account shall be operated in accordance with the board of director’s resolutions and
conditions. A board resolution should be submitted stating the names and designations of
the authorised signatories, and any amendments that may occur thereon. The authorised
signatories should not delegate others to exercise such powers.
b. Clubs and societies and the like shall submit the registration document issued by the
concerned authorities in the State of Qatar upon submitting the application for opening
the Account.
c. In case of expiry of the term of a board director of the club or society and the like or their
resignation or dismissal, a letter indicating the appointment of a new board director
should be submitted to the Bank, or alternatively the minutes of the general meeting
in which the new board of directors has been elected shall be submitted, indicating the
name and capacity of those who have the right to sign on behalf of the club or society and
the like before the Bank and the manner of operating the account.
a. If a Customer gives the instructions to the Bank by facsimile, email or telephone the Bank
shall be entitled to process or reject the instructions and the Bank shall not be bound to
obtain a confirmation of the correctness of such instructions unless the customer has
indicated either on the Account Opening form or subsequently in writing not to accept
such instructions. The Customer declares that the Bank shall not be liable and shall
indemnify the Bank for any losses, damages, and expenses incurred by the Bank due to
any act or omission relating to any instructions given or understood to have been issued
by the Customer. The Customer agrees that the Bank shall not be liable for any dispatch
errors.
b. The Customer hereby agrees and authorises the Bank at its discretion to rely upon and act
in accordance with any notices, instructions or other messages issued by the Customer
or to rely upon and act in accordance with any notices, instructions or other messages
issued by or which purport to be issued by the Customer by email (from only the
addresses as advised to the Bank), facsimile, or telephone, without any verification of such
instruction being undertaken by the Bank to verify or inquire about the genuineness of
the instructions or the identity of its sender, whether such instructions were to pay funds
or otherwise to debit or credit any account or to have discretion to dispose of any money
or securities or document in the hands of the Bank or purport to bind the Customer to
any agreement or other arrangement with the Bank, and the Customer agrees in advance
irrevocably and unconditionally that such instructions are issued from the Customer or on
their behalf and accepts such instructions as being binding.
c. The Customer understands that it is not required to confirm such notices, instructions or
other messages by sending the original documents.
10
d. The Customer also agrees that the Bank will not accept or act upon any instructions
received by email, facsimile, or telephone where such instructions are in connection with
changing the Account(s) operation mandate or changing the authorised signatories or
assignment of another person or the closing of Account(s) and the transfer of the balance
of the Account, by any way.
e. Hence, the terms of these instructions shall remain valid and fully effective until the Bank
receives a written notice of termination from the Customer in accordance with the terms
of the existing Account(s) operation mandate, and the Bank had reasonable time to act
upon such notice. Such termination will not release the Customer from any liability in
accordance with this mandate in regard to any action taken in line with its terms before
expiry of the termination notice period.
f. The provisions of this indemnity are in addition to and not in substitution for the provisions
of our existing mandate to the Bank for the time being to operate the account(s). I/we also
remain obliged and severally liable for all actions that may arise from or be connected
with this indemnity.
a. Rules of Transactions:
i. Transactions will be processed only upon the availability of sufficient funds in the
Customer´s account at the time the user submits the transaction and subject to the
Bank’s standard daily transaction limits. All transactions will be carried out on a
Business Day or the next available Business Day if the cut-off times have passed.
ii. The Bank may, at its sole discretion, refuse to carry out any instruction if the Bank
has reason (in which the decision of the Bank will be final and binding) to believe the
instruction is illegal.
iii. Instructions given on the services cannot be reversed without the Bank’s approval.
The Bank will not be responsible for, including but not limited to, the following: (i) to
reverse an instruction given through either service; (ii) to accept an instruction which
is conditional or which requires the Bank to make payment to a third party earlier (or
later) than the time the Bank requires according to normal banking practice.
b. Transfers, remittances and Payments:
i. Transfers are permitted between the Customer´s own accounts with the Bank.
ii. Transfers remittances and payments in QAR and in foreign currencies to third parties
will be accepted at any time via internet banking, and shall be processed on the
same Business Day or the next Business Day if the cut-off times have passed at the
prevailing exchange rate applicable at the time of the transaction.
c. Cut off times:
i. Instructions submitted by 12.00 Noon (Qatar Time) will be processed on the same day.
Foreign currency instructions may be submitted latest by 1.00 PM (Qatar Time) and
will be processed on the same day.
ii. QAR and foreign currency instructions submitted after the above mentioned cut-off
times or during any public holiday in Qatar will be processed on the next Business Day.
11
iii. Additional correspondent and/or beneficiary bank Charges, if any, will be deducted
from the remittance amount.
i. The Customer must input all information required to effect utility bill payments.
ii. It is the Customer’s responsibility to ensure the correct information is input; any
erroneous payments to utility companies arising out of incorrect information input by
the customer will be the responsibility and liability of the customer.
iii.The Customer confirms and agrees to waive any right it may have for holding the Bank
responsible for any mistake or omission or any delay by the Bank, due to reasons
beyond its control, in the transfer of the funds to the utility companies which may
result in disruption of the utility service.
ii. The Bank will debit the Customer’s Account with any amount along with the applicable
Charges/fees from time to time for transactions instructed by the Customer
f. Security Tools :
i. The Customer shall be fully responsible for safeguarding any Security tools and must
not disclose any Security information to any person. The Customer is required to
change any password(s) as instructed by the Bank through the service or any other
means of communications.
ii. In case the secure ID device is lost/stolen/damaged, the user must immediately report
to the Bank to disable it.
iii. The Security tools are considered as a means of customer identification and
authentication. Once completely and successfully entered, the Bank shall consider the
Customer as the source of all instructions and transactions.
iv. Access to services will be automatically stopped if the login password or telephone
banking Security number (Telephone Identification Number, referred to here as “TIN”)
is entered incorrectly five consecutive times. Thereafter, the Customer may contact
the Bank for further assistance and to request a new login password or TIN to be
delivered to any branch of the Bank for collection by the Customer in person, upon
verification of the Customer’s identity. If the Customer wishes to re-activate the same,
the Bank will allow further (5) five attempts to login. After re-activation, if the service
is stopped again consecutively for the second time due to wrong password or TIN
input, the Bank will reset and issue a new login password or TIN to be delivered to the
Customer at any branch of the Bank as requested by the Customer for collection by
the Customer in person, upon verification of the Customer’s identity.
12
v. Requests made by the Customer for a new login password or TIN due to lost, forgotten
password or TIN (or if the Customer has established that existing login password
or TIN is compromised), will be responded to by the Bank only upon positive
authentication of the Customer. The Bank will reset and issue a new login password
or TIN to be delivered to the Customer at any branch of the Bank as selected by the
Customer for collection upon verification of the Customer’s identity.
g. Liability:
i. The Customer is fully responsible for any instructions given to the Bank and the
Bank will not be liable in any manner for any unauthorised, fraudulent, or erroneous
instruction.
ii. The Customer hereby acknowledges that the Bank shall not be responsible for any
errors, damages and claims that may result from the open nature of the internet or
telephone. The Customer shall be solely responsible for all risks resulting from using
the services. Further, the Customer will indemnify the Bank, its employees, agents,
representatives and nominees on a full indemnity basis from and against all actions,
claims, proceedings, demands, losses, damages, harm (including direct, indirect or
consequential) costs, expenses, Charges, taxes, penalties and legal costs and any
other liabilities of whatsoever nature which the Bank may incur or suffer by reason of
the Customer accessing the services.
iii. The Customer is solely responsible for the accuracy and correctness of all information
and details transmitted via the services. The Customer acknowledges that all
transactions and instructions conducted via the services will be processed without
any further reference, written notice or verification.
vi.The Customer agrees to treat the access rights, documentation, or any information
related to the service, strictly private and confidential at all times and shall not copy or
reproduce them in any form either in whole or in part.
vii.The Bank shall not accept any claim for compensation, loss or damage that may
result from any transaction and instruction via the services. The Customer agrees to
indemnify the Bank against all requests and instructions.
viii.Any waiver by the Bank of any breach by a Customer shall not be construed as a
permanent waiver and such waivers will not affect adversely the rights of the Bank
under this agreement at any other time.
13
ix. The Bank will not be responsible for any loss or damage of whatsoever nature
whether direct, indirect or consequential to the Customer due to any access by a third
party to information concerning a Customer’s account(s) (except where such access
is obtained due to gross negligence or wilful/unwilful misconduct of the Bank and
in such cases the Bank will only be liable for direct loss or damage to the Customer
which in the ordinary course of events might reasonably be expected to result from
the circumstances in question).
x. The Customer agrees to hold harmless and indemnify the Bank against any loss, cost,
damage, expense, liability or proceedings which the Bank may incur or suffer as a
result of the Bank acting upon, delaying to act upon, or refraining from acting upon
the said instructions.
xi. The Customer shall be liable for any misuse of the services as a result of non-
compliance with Security procedures, these terms and conditions, disclosure of any
Security tools or any other form of Security breach from the Customer´s terminal.
xii.The telephone identification number (“TIN”) is to be used by the authorised user only
and should not be disclosed to anyone.
xiii.The Bank will not be liable for any losses due to the TIN being used by unauthorised
persons.
xiv. The Bank shall not be liable for any failure of the services beyond its reasonable
control, including without limitation, any computer, telecommunication, electrical,
technical or network failure/malfunction.
xv.The Bank shall not be a party to any dispute between the Customer and any service
provider.
xvi.Information provided by the Bank, such as account information and share information,
is believed to be accurate and reliable when presented, however the Bank cannot and
does not guarantee the validity and correctness of such information.
xvii.The Bank shall not be liable to any reliance by a Customer on any information
provided through the services; the customer relies on any information at their own
risk.
h. General Terms
i. No written advice or confirmation will be made or issued by the Bank for any
transaction conducted via these services. The Bank´s records of transactions and
instructions shall be legally binding and conclusive evidence of such transactions and
instructions.
ii. The Bank will, on a best effort basis, make available the internet and telephone
banking services on a 24 hour 365 day basis, however routine maintenance
requirements, excess demands on the systems and reasons beyond the control of the
Bank may cause disruptions in availability of these services.
iii. The Bank may suspend any service provided under the internet or telephone banking
service without notice where it is necessary or advisable to do so. Such situations
will include but not be limited to where there is a suspected breach of Security and a
need for maintenance of the services.
14
iv. Currently the Bank does not charge a fee for the use of the internet or telephone
banking services, however in future, the bank may at its discretion charge a fee for
these services, the cost and implementation of which shall be notified to Customers
in writing in advance.
v. The Bank reserves the right to refuse any application for these services at its absolute
discretion.
vi. The services should be used in good faith, should not be abused and should not be
used to commit any kind of fraud or illegality. The services should only be used in
accordance with these Terms and Conditions.
vii. In the event of any misuse by the user of the email provided through the services, the
Bank shall be entitled to disable the Customer´s access to the service without prior
notice.
viii.The Bank reserves the right to terminate these services either collectively or
individually, completely or in relation to any individual customer at its absolute
discretion.
ix. Each party has the right to terminate the internet and telephone banking services by
giving (3) three Business Days prior written notice to the other.
15
h. The Bank may accept from the account holder any ‘stop payment’ of cheque request in
case it is lost or in any other circumstance which shall be allowed by law and agreed to by
the Bank. However, the Customer will bear any direct or indirect loss, damage and cost
(including legal cost) due to this. The Bank maintains the right to request a Police Report
before accepting “stop payment” instructions.
i. The Customer must take care of the cheque book, and shall bear full responsibility
for it. Cheques should not be given to others to use, and the Bank should be informed
immediately upon the loss or theft of a cheque book, otherwise the Customer shall bear
the consequences in case of misuse. The Customer undertakes that they shall return to
the Bank any issued cheque book upon the Bank’s request or upon closure of the account
with the understanding that Dukhan Bank may take legal actions against customers who
do not adhere to the undertaking.
j. The Bank has the right to refuse issuing a cheque book to the Customer, without giving
any reason.
k. The Customer shall comply with Article 357 of Qatari Law (11) / Year 2004, the Penal Code
of Qatar which states: “Imprisonment punishment shall apply for a period not exceeding
three years but not below three months (or) penalty payment not exceeding QAR ten
thousand only but not below QAR three thousand only (or) both for those Customers who
intentionally commit:
i Cheque(s) issued against insufficient funds (or) where available funds are less than the
cheque(s) amount.
ii Cheque(s) issued, but with subsequent withdrawals of the full or part amount from the
account which makes the Cheque(s) dishonored.
iii Cheque(s) issued, but the customer subsequently instructs the bank to stop-payment.
v Knowingly endorsing the cheque(s) in a manner that will disallow encashment for
funds and/or technical reasons.
l. The Customer undertakes not to issue any cheque without a balance or sufficient
available balance. The Bank reserves the right to recall unused cheque(s) and to close
the Account and/or advise appropriate authorities in such cases, without referring to the
Customer.
16
b) Debit Card:
i. The debit Card may be activated via the Bank’s ATM network or by contacting the
Bank’s call centre.
ii. The debit Card may only be used in machines that accept VISA, NAPS, GCC Network
Cards.
iii. The debit Card must be signed by the Customer immediately upon receipt and may
only be used:
a) by the Customer;
b) within the Account limits as described in clause 1 above; and
c) during the validity period of the debit Card.
iv. Debit Cards shall be renewed automatically prior to the expiry unless otherwise
requested in writing by the Customer (45) forty five calendar days prior to expiry.
c) Transaction:
i. A transaction executed using a debit Card shall be deemed to be validly given by the
Customer and the Customer irrevocably and unconditionally accepts as binding any
transaction and applicable fees and Charges.
ii. Transactions effected outside of Qatar will be converted from the relevant foreign
currency into Qatar Riyals at the time of transaction at the prevailing rate of exchange.
iii. The Account shall be debited for the amount of any transaction, including applicable
fees and Charges, when using a debit Card and upon authorisation by the Bank of a
transaction.
v. A transaction shall not be authorised if there are insufficient funds in the Account.
vi. The Bank may, in its sole discretion, refuse to authorise any transaction if the Bank has
reason to believe, at its absolute discretion, a transaction may be fraudulent or illegal.
vii. Any refunds by a Merchant shall only be credited to the account upon actual receipt by
the Bank of the amount of such refund.
d) Security:
i. The Customer must keep Account numbers, debit Card numbers and PIN number
confidential at all times.
17
ii. The Bank confirmation of the PIN number must be destroyed immediately after
receipt. Any record of the PIN must be unidentifiable and kept separate from the debit
Card.
iii. In the event the Customer suspects or discovers that their Account numbers, debit
Card number or PIN number have become known by any third party or the debit Card
is lost or stolen, the Customer must immediately notify the Bank and may be required,
at the Bank’s discretion, to provide written notification of such claim setting out all
relevant details and supporting evidence (if any) of the incident. The Customer shall
bear any consequences occurring in the period between the loss/theft and the time
the Bank is officially notified.
iv. The Customer may be charged a fee for replacement of a lost or stolen debit Card.
v. In the event a lost or stolen debit Card is found subsequent to reporting it lost or
stolen to the Bank, the debit Card cannot be used and must be returned to the Bank
immediately.
i. The Bank reserves the right, at its absolute discretion, to withdraw or refuse to re-issue
a debit Card in the event the Customer fails to make any payment due; exceeds the
Customer’s mandate concerning the Account limit; or breaches any of these Terms
and Conditions.
ii. The Bank may at any time at its absolute discretion suspend or cease altogether the
debit Card facility.
iii. The debit Card must upon withdrawal, suspension, cessation or termination of the
debit Card facility, be returned to the Bank. The debit Card must not be used from the
date of receipt by the Customer of such notice of withdrawal, suspension, cessation or
termination.
iv. Withdrawal, suspension, cessation or termination of the debit Card facility for
whatsoever reason shall not affect the accrued rights and liabilities of the Customer.
v. The Customer may cancel or terminate the debit Card facility upon thirty (30) calendar
days written notice to the branch of the Bank where the Customer’s Account is held.
Termination by the Customer shall only be effective upon expiry of the thirty (30)
calendar days’ notice period and shall be conditional on return to the Bank of all debit
Cards and full and final settlement of all liabilities of the customer under the account.
i. Transactions or any other actions, costs, expenses or losses incurred in the activation
and use of the debit Card shall be the responsibility and liability of the Customer.
18
ii. Joint account customers shall be jointly and severally liable for all transactions and
fees and Charges arising from utilisation of a debit Card by others, irrespective of
whether each such Customer is issued with their own debit Card.
iii. Prior to notification to the Bank of a disclosed, lost or stolen debit Card and/or PIN
number, the Customer shall be solely liable for any transactions using a debit Card.
Subsequent to notification and after reasonable time to suspend accounts and
cancel the validity of the debit Card, the Customer shall not be liable for any further
unauthorised transactions unless the Bank can show the Customer acted fraudulently.
iv. The Customer shall remain liable for any transactions, fees and Charges incurred on
the account for a period of ninety (90) calendar days after the date the debit Card is
returned to the Bank pursuant to withdrawal, suspension, cessation or termination of
the debit Card facility or the account by either the Customer or the Bank.
g) Limitation of Liability:
i. The Bank shall not be liable for any unauthorised, fraudulent, or erroneous transaction
using a debit Card unless the Bank shall have been notified accordingly by the
Customer and given reasonable time to suspend Accounts and debit Cards.
ii. The Bank does not guarantee goods or services purchased using a debit Card nor will
the Bank involve itself in disputes between the Customer and a Merchant or any other
third party.
iii. The Bank shall not be liable for any act by a Merchant, any warranty or guarantee
given by a Merchant in connection with a service or product purchased by the
Customer in a transaction, any failure to deliver, misrepresentation or any other
breach by a Merchant whatsoever and the Customer expressly waives any right it may
have against the Bank in respect of any goods or services purchased in a transaction
in so far as such goods or services may not be as described, of Merchantable quality or
not fit for the purpose for which it was purchased.
iv. The Bank shall not be liable for any costs, losses or damages suffered or incurred by
the Customer as a result of any failure in the performance of any machines or any
equipment associated with utilisation of the debit Card.
h) Miscellaneous:
These debit Card terms shall apply in conjunction with all other applicable terms and
conditions, including but not limited to the Account Terms and Conditions and VISA
International terms and conditions.
a) Saving account are subject to the minimum balance of QAR 25,000, as decided by the
bank. The balance below QAR 25,000 will not earn the profit. The Customer should not
issue payment orders or write cheques on this account. A debit Card will be issued to the
saving account holders to enable them to utilise the ATMs and POS services.
19
b) The Bank as a Mudarib according to the absolute Mudaraba provisions will invest the
funds of the saving accounts on the basis of the minimum monthly balance available in
the account.
c) Funds of the savings account shall be invested according to unrestricted Mudaraba basis
in the joint investing pool between depositors and the shareholders. The Bank shall invest
a percentage of the savings account balances in accordance with its standard practice and
the net profits from the joint investment pool shall be distributed between the depositors
and shareholders according to their respective shares in the investment. The Bank as
Mudarib shall be entitled to a percentage of the realised net profit. As agreed, Mudarib
shall bear any loss attributable to negligence or violation of Mudaraba terms. The
percentages mentioned above are available upon request.
d) The investment period in saving accounts is one calendar month commencing from the
1st day of the month with auto renewal unless the whole or part of the balance is drawn
whenever the Customer desires, and in this case they shall be subject to the profits for the
period prior to the withdrawal date. For accounts closed during the month, calculation
shall be done on the day prior to the day of closure basis.
e) Profits of the saving account shall be credited to the same account as per the Bank’s
declared frequency, unless the Customer requests otherwise, and the Customer
authorises the Bank to invest the realised profits following the credit date with the same
investment terms and conditions of the savings account.
a) Faseel savings account is an account in which the a) Faseel savings account is an account
in which the deposited funds are invested on the unrestricted Mudaraba basis. These
investments are approved by the Bank’s Shari’a Supervisory Board. The Bank shall have
the right to perform any acts which it deems fit to achieve the interest of both parties.
c) The minimum balance required for the account is QAR 100,000. This limit is QAR
2,000,000 for Faseel HNWI product. If this is not maintained during the calendar month,
the profit rate will be reduced to our regular savings account profit rate.
d) More than one (1) withdrawal (any mode of transaction including retail transaction at any
retail store through POS) in a calendar month will also result in a reduction of the profit
rate and it would be reduced to our regular savings account profit rate.
e) The Account is provided with a debit Card; withdrawals and deposits can be made from/to
the Account.
20
f) Withdrawal may only be made by using special stationery or debit Cards (with PIN
number) provided by the Bank. Unless arranged otherwise, over-the-counter withdrawal
will be permitted only to the accountholder(s) on personal application and identification.
g) Profit is payable on deposits of QAR 2 million or less in a calendar month only. Deposits in
excess of QAR 2 million will earn profit only for QAR 2 million. The maximum limit is QAR
10,000,000 for Faseel HNWI product.
h) Profit on Faseel savings accounts for a calendar month is calculated on the minimum
balance of the month and is paid every calendar month.
a) Jeelkum savings account is an account in which the deposited funds are invested on the
unrestricted Mudaraba basis. These investments are approved by the Bank’s Shari’a
Supervisory Board. The Bank shall have the right to perform any acts, which it deems fit to
achieve the interest of both parties.
b) Jeelkum savings accounts may be held in the name of a minor, opened by the father (or
mother, upon the consent of the father) or guardians of a minor (under 18 years of age).
c) The minimum balance required for the account is QAR 100,000. This limit is QAR
2,000,000 for Jeelkum HNWI product. If this is not maintained during the calendar month,
the profit rate will be reduced to our regular savings account profit rate.
d) More than one (1) withdrawal (any mode of transaction including retail transaction at any
retail store through POS) in a calendar month will also result in a reduction of the profit
rate and it would be reduced to our regular savings account profit rate.
e) The Account is provided with a debit Card; withdrawals and deposits can be made fromto
the Account. However, said Card will only be issued to the father (or mother, upon the
consent of the father) or guardians of a minor.
f) Only the parents or guardian (subject to specific powers bestowed on such guardian in
a court order) may make withdrawals from the minor’s Account until the minor reaches
majority.
h) Withdrawal may only be made by using special stationery or debit Cards (with PIN
number) provided by the Bank. Unless arranged otherwise, over-the-counter withdrawal
will be permitted only to the account holder(s) guardian on personal application and
identification.
21
i) Profit is payable on deposit of QAR 2,000,000 or less in a calendar month only. Deposits
in excess of QAR 2,000,000 will earn profit only for QAR 2,000,000. This maximum limit
is QAR 10,000,000 for Jeelkum HNWI product.
j) Profit on Jeelkum savings account for a calendar month is calculated on the minimum
balance of the calendar month and is paid every calendar month.
k) Upon reaching majority the parents or guardian shall not be permitted to further operate
the minor’s account and the account shall be converted into a normal account and shall
require new account forms being submitted by the minor upon reaching majority.
a) Call investment account is an account that can be opened for individuals, companies,
establishments or organisations, and can be opened in Qatari Riyal or any other currency
as agreed by the Bank, subject to the minimum balance defined by the Bank, and
announced in the branches of the Bank.
b) Cheque books will not be issued to call accounts and withdrawals shall be affected by
using the Bank’s forms.
c) The Bank as a Mudarib according to the absolute Mudaraba provisions will invest the
funds of the call accounts on the basis of the daily cleared credit balance available in the
account.
d) Funds of the call account shall be invested according to unrestricted Mudaraba basis
in the joint investing pool between the depositors and the shareholders. The Bank
shall invest a percentage of the call accounts balances, and the net profits of the joint
investment pool shall be distributed between the depositors and shareholders according
to their respective shares in the investment. The Bank as Mudarib shall be entitled to a
percentage of the realised net profit. As agreed, Mudarib shall bear any loss attributable
to negligence or violation of Mudaraba terms. The percentages mentioned above are
available upon request.
e) The investment period in call accounts is one calendar month commencing from the
1st day of the month with auto renewal unless the whole or part of the balance is drawn
whenever the Customer desires.
f) Profits of call accounts shall be credited to the same account as per the Bank’s declared
frequency, unless the Customer requests otherwise, and the Customer authorises the
Bank to invest the realised profits following the credit date with the same investment
terms and conditions of call accounts.
22
g) The Bank at its discretion may close the call account and transfer the balance to the
Customer’s other current or savings accounts should the balance fall below the prescribed
minimum balance. In any case the Bank will deduct the required fees if the balance falls
below the determined level.
a) This is an account where the depositor (Rab Al Mal) authorises the Bank (Mudarib)
to invest the deposit according to the unrestricted Mudaraba agreement under the
principles of Islamic Shari’a.
d) Profit on the deposit amount shall become due on the last day of each calendar month
and shall be credited to the Customer’s account, or paid in accordance with the Customer’s
instructions at the time of distribution of the profits, that is no later than the first five (5)
Business Days of the month following the month in which the profits were earned.
e) Profit on deposits where their maturity date is during the month shall be calculated on
the basis of the last working day results and on the basis of exoneration and reconciliation
between the Bank and the Customer.
f) The percentage of the profit on this account shall be stated in the profit statements. The
Bank may adjust this percentage from time to time at its discretion, provided it notifies
the Customer by way of announcement at the Bank or any of the Bank’s branches and
channels. If the Customer does not object within fifteen (15) calendar days after the date of
the announcement, he/she/they shall be considered to have accepted the adjustment.
g) The depositor may not draw the whole or a part of their deposit before its expiry, except
in special cases where the management of the Bank may allow the depositor to draw
the whole or a part of the deposit, and to pay profit up to the date of withdrawal based
on the investment savings account’s declared profit rate for the previous period and the
management has the right to decide about the treatment of the deposit in such case.
h) The Customer shall be considered as agreeing to the renewal of the deposit automatically
on maturity, unless they instruct otherwise within four (4) working days before the expiry
of the investment.
23
i) Except regarding investment deposit accounts in Qatari Riyals, the Bank is not obliged to
pay the deposit amount in the currency of the deposit. However, the Bank undertakes to
issue a draft or transfer, on request, in the currency of deposit at the prevailing exchange
rate as on the date of payment.
a. This is an account where the depositor (Rab Al Mal) authorizes the Bank (Mudarib)
to invest the deposit according to the unrestricted Mudaraba agreement under the
principles of Islamic Shari’a.
b. The minimum balance to open the Profit in Advance term deposit is QAR 250,000 and in
case of change it will be communicated by placing the details at a place conspicuous to
customers.
c. Advance Profit on the deposit amount will be paid to customer account using the historical
general profit rate announced on the existing Mudaraba pool of the Bank. On the last day
of every month the actual profit to be calculated using the Mudrabha profit distribution
mechanism and any difference in the advance profit paid and the actual profit earned will
be recorded. The reconciliation between the actual profit earned and the profit paid in
advance will be made at the time of maturity/renewal.
d. In case you early break the deposit the Bank will debit the complete advance profit from
the principal amount and recalculate the profit based on the prevalent Savings Account
rate and credit to the customer account.
f. Adjustment in the advance Profit on deposits where their maturity date is during the
month shall be calculated on the basis of the last working day results and on the basis of
exoneration and reconciliation between the Bank and the Customer. The percentage of
the profit on this accounts hall be stated in the profit statements. The Bank may adjust this
percentage any time after the announcement of profit of the ongoing Mudarabha at its
discretion, provided it notifies the Customer by way of announcement at the Bank or any
of the Bank’s branches.
24
g. The depositor may not draw the whole or a part of their deposit before its expiry,
excepting special cases where the management of the Bank may allow the depositor
to draw the whole or a part of the deposit, and to adjust the profit up to the date of
withdrawal based on the investment savings account’s declared profit rate for the
previous period and the management has the right to decide about the treatment of the
deposit in such case.
h. The Customer shall be considered as agreeing to the renewal of the deposit automatically
on maturity, unless they instruct otherwise within four (4) working days before the expiry
of the investment.
i. These terms and conditions shall form an integral part of the signed GTC of Banking
Services Agreement between the Bank and the customer.
Deposits
1. The Bank shall open an account for the depositor for which an account number will be
designated and ATM cards issued.
2. Deposit of funds will take place by visiting any of the Bank branches personally.
Cheques may be sent by mail or deposited through the Automated Teller Machine
(ATM) or through authorized collection agents of the bank for depositing the amounts
thereof in the account.
4. In the two cases mentioned in clauses 2 and 3 above, the credit balance shown in the
account shall not be considered final except after clearance and the receipt by the Bank
of the amounts of these cheques or papers and in case of non-collection of the amounts
credited, a reverse entry may be made in the account to show the actual balance.
5. The account number should be indicated in the deposit and withdrawal forms and in
case the account number is not shown the Bank will not process the depositor’s request
shall not assume any responsibility in this request.
Withdrawals
1. Withdrawals will be allowed through ATM Cards or by visiting the branch personally
or through E-Channels (internet banking, mobile banking etc.) and will be affected by
verifying the credentials electronically or by authorized representatives by verifying
the signatures with the specimen available at the Bank.
25
2. Any amount paid by the Bank to the user of the ATM card or who’s signature appears on
the Bank’s withdrawal form will be considered as a valid and proper withdrawal. In case
of loss of the ATM card, the depositor should immediately notify the Bank in writing to
this effect. In such event the Bank will take necessary action for suspending the use of
the lost card and at the card holder’s expense will issue a new replacement card.
1. For monthly Prizes: By keeping a minimum balance of QAR 10,000 per month, every
QAR 1,000/- will give the depositors one chance in the monthly draws. Customers
entering in the middle of the month will be eligible from next calendar month.
2. For Quarterly Prizes: By keeping a minimum balance of QAR 10,000 per month for a
consecutive period of 3 months, every QAR 1,000/- will give the depositor once chance
in the quarterly draw. If the minimum balance goes down in all or any single month of 3
months period the customer will not earn any chance. Customers entering the program
in the middle of the Quarter will get into the draw for the next Quarter end as per
calendar.
3. Prize draws on this Dukhan Bank Islamic Account will take place accordingly to the
prize schedule and are subject to eligibility requirements as announced by the Bank
from time to time. The Bank reserves the right to change these terms and conditions,
the frequency of draws (including eligibility criteria) prizes and the prize structure at
its absolute discretion any time with a 1 month prior notice to customers through any
means of communication as decided appropriate by the Bank.
4. All the prizes will only be credited to the customer’s account maintained with the Bank
5. In case the Monthly winners leave the country before the completion of the full tenor
of the prize payment, the Bank will continue to credit the account if maintained with the
Bank. The Bank will not incur any additional cost of repatriating the money.
1. If the monthly minimum balance goes below QAR 10,000 then the customer will not be
counted in the draw for that month. For Quarterly draws the minimum balance in each
month for 3 consecutive months should not go lower than QAR 10,000.
2. If the number of withdrawal transactions exceeds more than 2 times in a month then
the customer will be excluded from the monthly draw and if the number of withdrawals
exceeds more than 6 times in a 3 months period (taken for Quarterly draw) then the
customer will be excluded from the Quarterly Draw.
26
3. The customer should not be a defaulter of the Bank for any of the credit facilities if
obtained from the Bank and should not be in the black listed database and/or not have
any criminal offence as per the laws of Qatar.
Miscellaneous
1. The Bank reserves the right to use winners name and photographs in all current/future
promotional, advertising campaigns and/or marketing material.
2. In the unfortunate event of the death of the winner post announcement of the results
the amount will be credited in the customer’s legal heir as (appointed by the court)
maintained with the Bank.
3. All accounts of Staff and Directors of the Bank and its subsidiaries/affiliate Banks and
their immediate family members (parents, spouse and children) will be excluded from
the prize draws it shall be the responsibility of such staff member to notify the Bank if
any of their immediate family member as specified above wins any prize draw. In the
event any Director /Staff representing Dukhan Bank entity/group or his/her immediate
family member wins the prize draw. The Bank reserves the right to deny the prize
money or claim refund of any prize paid (without prejudice) and conducts another draw
to determine the eligible winner.
4. All eligible customers of Dukhan Bank are allowed to participate in this Islamic account
prize scheme. There will not be any monthly draws during the draws of Quarterly prizes.
The maximum number of chances per customer is 10,000 only.
5. All prizes are available to all eligible customers of the Bank participating in the scheme.
6. All draws shall be held under the supervision of representatives of the Bank’s, Shari’a
compliance and the relevant govt. representative (Ministry of Commerce). The result of
the draw is final.
7. These terms and conditions shall be governed by and construed in accordance with
the Laws of the State of Qatar provided non-contradiction to the rules and principles of
Islamic Shari’a and customer hereby submits to non-exclusive jurisdiction of the Qatari
courts.
8. These terms and conditions are subject to Bank’s general account opening terms and
conditions. In case of conflict between the Bank’s general account opening terms and
conditions and these terms and conditions, the Bank’s general account opening terms
and conditions shall apply.
27
9. Fees and Charges: The customer agrees, accepts and authorizes the Bank to debit his
account of all fees, charges and expenses arising from his account with the Bank, if
the customer does not accept the increase or new charge, he/she has the option of
terminating the relationship within 15 days of application of the charge. If the customer
does not terminate the relationship within this time, it will be deemed as accepted.
10.The Bank as a Mudarib according to the absolute Mudaraba provisions will invest the
funds of the accounts on the basis of the minimum monthly balance available in the
account. Funds of the account shall be invested according to unrestricted Mudaraba
basis in the joint investing pool between depositors and the shareholders. The Bank
shall invest a percentage of the balances in accordance with its standard practice
and the net profits from the joint investment pool shall be distributed between the
depositors and shareholders according to the irrespective shares in the investment. The
Bank as Mudarib shall be entitled to a percentage of the realized net profit. As agreed,
Mudarib shall bear any loss attributable to negligence or violation of Mudaraba terms.
The percentages mentioned above are available upon request.
11. The investment period is one calendar month commencing from the 1st day of the
month with auto renewal unless the whole or part of the balance is drawn whenever
the Customer desires, and in this case they shall be subject to the profits for the period
prior to the withdrawal date. For accounts closed during the month, calculation shall be
done on the day prior to the day of closure basis. Profits of the saving account shall be
credited to the same account as per the Bank’s declared frequency, unless the Customer
requests otherwise, and the Customer authorizes the Bank to invest the realized profits
following the credit date with the same investment terms and conditions of the savings
account. The minimum balance required to participate in the pool is QAR 3,000.
12.Any winner of Millionaire draw of previous year draw will not be eligible of subsequent
year draw. For example any customer who has won the Millionaire draw in 2015 or 2016
will be excluded from Millionaire draw of 2017.
13.Maximum number of monthly prizes won by any customer will not exceed 3 times the
maximum monthly prize. Any customer who has won monthly prizes 3 times will be
excluded from the subsequent draws during that calendar year.
1. The customer hereby undertakes to provide the Bank all information, explanation and
relevant supporting documents related to opening an account when requested to do so.
2. The customer should notify the Bank upon any change in any customer information
provided to the Bank.
28
3. The customer undertakes to provide to the Bank with updated copies of his/her
identification documents should they expire or there be a change.
General Conditions
The Bank shall have the right, without giving a prior notice to seize and to set off account
balances against any accrued obligation on the account in favor of the Bank under any
other account or for any reason whatsoever and whether the obligations of the account
holder towards the Bank are present or future. The account holder hereby waives any
right whatsoever to dispute the validity of the Bank’s records, provided that this shall not
be construed as any approval or obligation by the Bank to grant any credit facilities of
whatever kind.
18. Definitions
Account: A credit/charge Card Account held with the Bank by the Cardholder from which the
Cardholder authorises payments to be made against all Charges incurred through the Card.
Deposit: The amount in cash (if any) placed with us as Security for the performance of your
obligations relating to your Card Account.
Minimum Payment: The amount specified in the Statement of Account, as the amount that
you are required to pay on or before the Payment Due Date, in order to keep the Card active.
Payment Due Date: The date specified in the Statement of Account, by which date you must
pay the present balance or any part thereof or the minimum payment.
Present Balance / Outstanding Balance: The total debit balance (inclusive of all Charges and
fees which shall be debited to the Card Account) outstanding on the Card Account, payable
to us in accordance with our records on the date the Statement of Accounts issued.
a) The Card remains the property of the Bank and you must return it to us immediately
upon request.
b) Subject to the right of the Bank, in its absolute discretion and without prior notice, the
Bank may withdraw the right to use the Card temporarily or permanently, or refuse any
request for authorisation of any particular Card Charges.
29
c) The Bank will not guarantee goods or services purchased on the Card or involve itself in
disputes between the Cardholders insurance companies or any other third party.
d) Where the Card is delivered to you by courier it is at the Cardholders risk and the Card
will only be handed over to the Cardholder or authorised representative upon receipt of
the Cardholder’s prior written instructions and at the risk of the Cardholder.
e) The Card must be signed by the Cardholder immediately on receipt and may only be
used:
i) by the designated Cardholder whose name appears on the face of the Card;
ii) subject to the current terms of this agreement at the time of use;
iii) within the credit limit as advised to the Cardholder by the Bank from time to time; and
v) Debit cards are automatically renewed before their expiration date, unless a written
request is sent by the customer 45 days prior the card’s expiration date.
f) As the Cardholder you must keep the PIN secret and must not let anyone else know or use
the PIN.
g) We shall set the limit and shall notify you of it. We may change the limit at any time and
notify you of any changes. You are not allowed to exceed the limit without our prior
approval. Should you exceed your limit the Bank has the right to charge a fee.
h) Any Card Transaction originated in a currency other than your Card Currency will
be converted to your Card Currency at a rate of exchange determined by VISA. Such
transactions will also be subject to a currency conversion fee as determined by the Bank.
i) You must not use your Card for any unlawful purpose, including the purchase of goods or
services prohibited by Islamic Shari’a or any applicable laws wherever the Card is used.
The Bank has the right to refuse transactions from Merchants deemed prohibited by
Islamic Shari’a.
j) If you are required to use the PIN in conjunction with the Card when effecting a Card
Transaction at a Merchant or ATM, our record of any Card Transaction effected in
conjunction with a PIN shall be conclusively binding on you.
l) You shall ensure that any Supplementary Cardholder takes the steps outlined above in
relation to any Card issued to them.
30
18.2 Cash Advances:
a) You may obtain Cash Advances using the Card in such amounts as may be determined by
us from time to time by the following means:
i) by presenting the Card at any branch of the Bank or any branch of a member
institution of VISA International which offers such facility, together with
internationally recognised evidence of identity, and by signing the appropriate Card
Transaction record; or
ii) by using the Card on any of the Bank ATM’s or that of any other bank or institution with
whom we have an agreement for the use of the ATM of the said bank or institution, in
which case the amount of each advance will be further subject to the applicable daily
withdrawal limit of the ATM used.
b) Any transfer of funds from your Card to the Bank transaction account (current, investment
savings account, investment time deposit account) will be treated as a Cash Advance and
will incur normal Cash Advance fees.
c) You shall pay a Cash Advance fee for each Cash Advance you get using the Card. We may
from time to time vary the amount of the Cash Advance fee without referring to the
customer.
18.3 Payment:
a) The Cardholder will pay the Bank the amount of all Card Charges and any loss incurred by
the Bank arising from the use of the Card or which the Bank determines it has suffered as
a result of any breach of this agreement by the Cardholder.
b) The principal Cardholder is and shall remain at all times liable for all Charges incurred on
his/her Card and any Supplementary Card(s).
c) The Bank reserves the right to demand from the principal and Supplementary
Cardholders, severally or jointly to settle all Charges incurred through the use of each and
every Supplementary Card.
d) We shall make available to you online/physically a Statement of Account for the Card
Account. Non- receipt of the Statement of Account and/or inability to view the Card
statements online shall not be construed to be sufficient reason for non-payment of
amounts due to us.
e) The Cardholder must verify all Charges shown on the Cardholder statement by checking
these against receipts and report any discrepancy within fifteen (15) calendar days from
the statement date. The Bank will not accept any responsibility for Charges disputed after
such time.
31
f) You agree to pay to us the total amount of all Charges and fees appearing in the Statement
of Account as the present balance, not later than the Payment Due Date.
g) If you do not settle the outstanding/minimum payment by the Payment Due Date, and
it remains unsettled at the date of issue of the next Statement of Account, the unpaid
amount will be added to the next Statement of Account’s minimum payment and is due
immediately.
h) You are not allowed to make Card Transactions that exceed the current limit without
prior approval from us. You shall immediately upon demand by us, pay the full amount
by which the limit has been exceeded and the minimum payment then due. If you fail to
make such payment in full, we may cancel the Card immediately without prior notice to
you, and the whole outstanding balance on the Card Account shall become immediately
due and payable.
i) Any arrears and any Card Transaction made in breach of these terms and conditions shall
become immediately payable by you.
j) All payments you make shall be applied in the following order of payment (or such other
order as we may think fit):
i) all unpaid fees, Cash Advances, Charges and other costs shown on any previous
Statement of Account;
ii) all unpaid fees, Cash Advances, Charges and other costs shown on the current
Statement of Account;
iii) all unpaid Card Transactions (excluding Cash Advances) shown on any previous
Statement of Account.
iv)all unpaid Card Transactions (excluding Cash Advances) shown on the current
Statement of Account; and
v) all Cash Advances and other Card Transactions not yet shown on the current
Statement of Account.
k) We may charge fees for any returned unpaid cheques drawn by you/failed standing order
in full or partial payment of the outstanding balance, and this shall not affect any of the
other legal remedies available to us.
32
l) You shall make all payments in the Card Currency. If you make payments in any other
currency, you shall pay to us all exchange, commission and other Charges or losses we
may incur in converting such payments to the Card Currency. Such conversion shall be
effected at the prevailing bank rate on the date of exchange, which we may conclusively
determine at the date of entry into the Card Account. Any payment you make in the Card
Currency will be credited to the Card Account only on the date on which we receive the
required funds for value in our books. Whenever a payment is received in any other
currency, such a payment shall be credited after the date when the payment is converted
to the Card Currency, or when the relevant funds have been received for value by us in
Qatar and credited to the Card Account.
m) You shall pay additional Charges in the amounts, which we may prescribe immediately
upon request, for the provision of copies of sales/cash advance receipts, Statements of
Account, which you may request, and any further service we may provide from time to
time.
n) If you dispute a Card Transaction and it is subsequently proven to have been originated by
you, we will charge back the original amount of the Card Transaction when it took place
and any other fee related/cost incurred due to this.
o) Our acceptance of late or partial payment, cheques or money orders shall not prevent
us from enforcing our rights to collect the full amount due from you, or constitute an
amendment to these Terms and Conditions.
p) You agree that if any sum shall be due from you to us at any time under the Card Account,
or if you shall be liable to us on any banking account or any other account, current or
otherwise, in any manner or if you are in default in the provisions of such accounts or
in any other banking facilities granted by us to you, the whole outstanding balance on
your account shall become immediately due and payable and we may debit any account
maintained by you with us to recover such outstanding.
q) Any cheque deposit shall be acceptable for collection and the proceeds shall not be
available, until the cheque has been cleared and the proceeds paid to us by the paying
bank. Any cash deposit may only be regarded as having been received by us upon our
receipt or crediting the same to the Card Account. Any fees and Charges related to cash
deposits or cheque collection / clearance will be borne by you.
r) We may at any time demand that you deposit and/or pledge cash collateral in our favour
for a specified amount not exceeding the Card Limit, even if such a cheque or cash
collateral were not demanded when the Card was issued. If we make such a demand, you
shall be treated as having authorised us to insert the date on the cheque and present it for
payment on the inserted date against any amount due to us. In case the deposited cheque
exceeds the outstanding amount and it is cashed, the surplus amount will be refunded to
you.
33
s) If you choose to settle by way of direct debit, the percentage of the total amount due
specified by you when applying for the Card will be debited to your bank account on
or immediately after the Payment Due Date. Where a sufficient credit balance is not
maintained, we may cancel the Card and charge any relevant fee.
t) You may choose to effect payment from your account with us via Call Centre. We shall not
be liable for any loss or delay caused by the use of Call Centre.
u) You shall not transfer funds from one Card Account to another in settlement of the debit
balance of one Card Account, except with our prior approval.
v) We will credit the Card Account with the amount of any refund only upon receipt of a
properly issued credit voucher from the member establishment.
w) Our records of any Card Transaction or otherwise relating to your Card Account shall
constitute evidence of the transaction and we may use any such information as evidence
in court.
a) The Bank may apply a joining fee when the Card is first issued as well as a renewal fee
when the Card is renewed annually.
b) If the Card is replaced due to loss or theft, a replacement charge will be posted to the Card
Account.
c) A reissue fee maybe charged to the Card Account if the Card is re issued due to the need to
reissue the PIN or if the Card is damaged.
d) A renewal fee will be charged to the Card Account even if the Card has been cancelled,
with no intention to be renewed, as a result of a late payment meaning there is still an
outstanding balance at the expiry date of the Card.
e) Any expenses or fees incurred for the recovery of unpaid payment requests will be
charged to the account of the Cardholder.
f) Any Cardholder who is advised to pay and fails to do so within the period prescribed by
the Bank shall suffer the recall of his/her principal and Supplementary Cards.
34
18.5 Supplementary Cardholder :
b) These Terms and Conditions shall apply to the Supplementary Cardholder. Every
Supplementary Cardholder shall be jointly and severally liable with you for all Charges
and all Card Transactions generated by the use of the primary Cardholder as well as the
Supplementary Card. We may commence an action or proceedings against you or the
Supplementary Cardholder or both of you.
c) The validity of the Supplementary Card is dependent on the validity of the primary Card.
The termination of the Supplementary Card for whatever reason shall not terminate the
primary Card or your agreement with us for your Card.
e) You agree to pay to us the amount of any loss, liability, costs and expenses, which we may
suffer as a result of any legal disability, or incapacity of the Supplementary Cardholder or
any breach of these Terms and Conditions by the Supplementary Cardholder.
f) Supplementary Card Limit is included in the primary Card Limit and primary Cardholder is
responsible with Supplementary Cardholder for settlement for the entire spend on both
the Cards.
a) If the Card is lost or stolen or the PIN is disclosed to any person, you shall immediately
notify us on +974-8008555 or +974-44100888 (if calling internationally) and the Police
of the country where such loss or theft or disclosure occurred. Such notification shall be
followed by signed written confirmation or email through Internet banking within 48
hours of receipt of notice. Until receipt of such confirmation, you will be liable for all Card
Transactions. You also undertake to ensure all necessary steps to assist us in recovering
the missing Card.
b) You shall be and remain fully liable to pay to us any debit to the Card Account arising
from any Card Transactions by any person, whether with or without your knowledge and
irrespective of whether they were authorised by you or not.
c) We may issue a replacement for any lost or stolen Card subject to these or such other
Terms and Conditions as we may consider appropriate and at a fee determined by us from
time to time.
35
d) If you recover the lost or stolen Card, you must immediately cut it in half and return it to
us without using it.
e) As the Cardholder you will exercise all possible care to ensure the safety of the Card and
will prevent the PIN becoming known to any other person. The confirmation of the PIN
must therefore be destroyed immediately after receipt. Any record of the PIN must be
unidentifiable as such and kept entirely separate from the Card. The Cardholder will not
disclose the Card number (embossed on the Card) to any third party. The Bank will not
be liable for ATM failure or malfunction and whether or not it affects the ability of the
Customer to use the Card.
f) You shall not use the PIN after notifying us of its disclosure to any person.
18.7 Termination:
a) You may at any time notify us of your intention to close the Card Account and terminate
the use of all Cards issued to you and to any Supplementary Cardholder, by giving us
notice in writing and returning to us all such Cards cut in half. The Card Account shall
be closed only after you have paid in full all Charges and amounts due under the Card
Account and a period of not less than forty-five (45) calendar days has transpired from the
date the Card was returned to the Bank.
b) All amounts outstanding on a Card Account, together with the amount incurred by the use
of the Card, but not yet charged to the Card Account, shall be payable immediately in full
upon termination of the use of the Card.
c) If a Supplementary Cardholder terminates the use of the Supplementary Card, you and the
Supplementary Cardholder shall be and shall continue to be jointly and severally liable to
us for all Charges and other amounts due under these Terms and Conditions, except that
the Supplementary Cardholder whose Card has terminated shall not be liable for Charges
and other liabilities incurred by you, and any other Supplementary Cardholder (if any)
after our receipt of the terminated Supplementary Card cut in half.
d) We may at any time and without prior notice recall the Card and terminate or suspend
your right to use it. You shall immediately after such recall return to us the Card cut in half
and pay in full all Charges and amounts due on your Card Account.
e) We shall terminate the use of the Card without notice upon your death, bankruptcy or
insolvency or in any situation that the Bank deems appropriate. The Bank reserves the
right to recover any outstanding amount from their heirs or attorneys.
f) You shall be responsible for setting off outstanding balances on the Card Account, and
shall pay us all expenses and costs that we may incur in recovering such balances.
g) We shall not be liable to refund the joining fee, monthly fee, annual fee or any other
applicable fee or any part of such fee on the termination of the Card Account.
36
h) Upon cancellation of the use of the Card, any Security held by us shall be held for a period
of a maximum of sixty (60) calendar days following the cancellation and/or return of the
Card, whether cancelled by you or us.
a) We shall not be liable for any loss or damage howsoever incurred or suffered by you by
reason of us or a Merchant or any bank or financial institution or any ATM or other party
refusing to allow a Card Transaction, or accept the Card or the Card number or the PIN or
to extend or provide a Cash Advance up to the credit limit or at all.
b) We shall not be responsible for the refusal by any Merchant or member institution of VISA
International to honour or accept the Card or for any defect or deficiency in the goods
or services supplied to you by any Merchant or, where applicable, for any breach or non
performance by a Merchant of a Card Transaction.
c) If there is a dispute between you and us, a Merchant, a bank or financial institution or any
other person, your liability to us shall not in any way be affected by such dispute or any
counterclaim or right of set-off which you may have against us, such Merchant, or other
bank or financial institution or person.
d) We shall not be liable for any disputes brought to our notice by you after thirty (30)
calendar days from the date of the relevant Statement of Account.
e) We shall not be liable in any way to you for any loss or damage of whatever nature, due
to or arising from any disruption or failure or defect in any ATM or machine or terminal or
communication system or facilities or data processing system or transmission link or any
industrial or other dispute or anything or cause, whether beyond our control.
a) You irrevocably authorise and permit us to disclose and furnish such information that we
deem fit concerning you and your affairs including but not limited to the Card Account to
our associates, branches, assignees, agents, or other parties.
b) We may check your credit standing at any times as and when we deem fit without
reference to you.
18.10 Notices
a) You must promptly notify us in writing of any changes in your name, employment or
business and address (email and/or office or residential).
b) Should you be away from the State of Qatar for more than a month, you must settle the
Credit Card Account in full seven (7) calendar days prior to departure.
c) If you leave the State of Qatar to take up residence elsewhere, the Card (including any
Supplementary Card) must be returned to us cut in half forty-five (45) calendar days prior
to your departure and its/their use shall be deemed to be terminated.
37
d) All demands, notices and other communications sent under these terms and conditions to
you and any Supplementary Cardholder shall be deemed to have been sent to both.
e) Instructions sent to us from you by facsimile transmission or through the Bank net shall be
considered valid and binding on you and we may act upon instructions received by those
means.
a) You undertake to pay to us the amount of any loss or damage which our directors, officers
and employees, or we may suffer by reason of these Terms and Conditions or by breach of
them by you, or arising in any way in connection with your Card Account. If caused by your
negligence we may debit all such amounts to your Card Account.
b) In addition to any other right we may have either under these Terms and Conditions or in
law, we may at any time and without notice consolidate and combine all accounts which
you hold with us, either individually or jointly or with a Supplementary Cardholder, and
set-off and transfer any sums held in any such account in satisfaction of any other sums
due to us. We may do so wherever such accounts are situated and in whatever currency
they are situated at our then prevailing exchange rates.
c) We may from time to time with notice to you change these Terms and Conditions. The
retention or use by you of the Card shall be treated as acceptance of any such change. If
you do not accept any change, you shall close the Card Account and clauses relating to
termination of these Terms and Conditions shall apply.
d) We shall have no liability to you in respect of any facilities or benefits which we may make
available to you, which do not form part of these Terms and Conditions. We may withdraw
such facilities and benefits at any time without notice.
e) The benefits offered with the Bank credit Cards are provided purely at the discretion of
the Bank. The Bank takes no responsibility for any liabilities incurred by the Customer on
account of these or any other benefits/services provided with the Bank credit Cards.
f) Pricing is subject to the Bank’s discretion and can be changed at any time without prior
notice.
a) The Bank approves the Credit Card Limit (In compliance with Bank’s policy and Qatar
Central Bank’s regulations) based on the Islamic concept of “Qard Al Hasan” and “Ujrah”.
38
b) You agree to pay to us a non-refundable monthly fee in the amount we may prescribe, and
any other fee levied by the Bank. You shall also, at our request, pay us a handling fee for
the issue of a replacement Card. The Bank at its own discretion may waive monthly fees if
the customer has settled the outstanding balance in full.
c) The Bank reserves the right to charge you fees on any late payments you make, and we
will channel a portion of the late fee amounts collected from you to the charity fund
maintained by the Bank.
d) We may at our discretion vary the method of calculation of the monthly fees, handling
charges, additional charges or any other charges, due to any changes in extrinsic and
intrinsic cost/fee structure as well as the period of time within which these fees and
charges are payable. None of the fees payable to us under these terms and conditions are
refundable.
19.1 The Bank shall, to the extent required any law or regulator, have the right to respond to
all queries of other banks concerning the Account(s) without reference to the Account
holder. The Customer authorises the Bank to get any official information from any entity
in order to update its data, without any liability on behalf of Bank or that entity.
19.2 All accounts opened in the books of Dukhan Bank are subject to the local and
international regulations aimed at preventing and countering the account or
transactions passing through the account from Facilitating Terrorism and/or being used
for Money Laundering.
19.3 In case of the death of the Customer, their Account shall be frozen and no funds in their
name with the Bank shall be released to the heirs or their attorneys unless a formal
order by the competent court is addressed to the Bank to this effect, and the Bank shall
only be responsible from the date on which it has been notified about the death.
19.4 In case the company becomes bankrupt or any event or series of events occurs
which has or may have an adverse effect on the company’s ability to comply with its
obligations to the Bank under this Agreement, the Account shall be frozen until the
receipt of the court order.
19.5 The Bank shall not open a current account for minors but may open a saving/
investment deposit account for minors under the signature of their father or a guardian
until the minor comes of legal age, then they shall be entitled to receive their funds and
operate their account by themselves without the permission of their guardian(s). In case
of a minor under guardianship, a decision or judgment of the competent court for lifting
the guardianship must be obtained to enable them to operate the account. Minors’
accounts are subject to the Islamic Shari’a principles and the Civil Code No. 22 of the
Year 2004, and the Law No. 40 of the Year 2004 concerning guardianship over minors’
funds.
39
19.6 Conditions relating to current/call/investment deposit accounts shall apply on the
accounts of the juridical entities (company / establishment / organization / clubs /
associations and the like), and shall form an integral part of the conditions that identify
the judicial entities as well as the conditions of the judicial entities.
19.7 The Bank may close the Customer’s Account at any time without giving reasons or
notifying the Customer and in this case the Bank’s responsibility shall end by issuing
a cheque for the Account’s balance to the Customer and sending it by mail to the
Customer‘s address, and the Customer shall pay the amount due to the Bank upon
receiving the Bank’s advice of its intention to close the Customer’s indebted Account.
19.8 The Bank will regularly review the status of its relationship with its Customers.
Where no Customer originated Account activity has occurred on any of the Accounts
associated with the Customer, the Customer relationship shall be defined as dormant.
In the case of a saving account, the account will be considered dormant after a period
of two calendar years without activity and one calendar year for current account.
The term deposit account will be considered dormant after five calendar years
without activity. The Bank will continue to make every effort to contact the Customer,
however, any unclaimed amounts, together with the details of the customer will
be transferred to the General Authority of Minors Affairs of the State of Qatar after
a period of (10) ten calendar years from the date of the last Customer originated
transaction, in compliance with Qatar Central Bank instructions.
19.9 The Customer shall be responsible for paying the Zakat due on his/her/their funds
unless he/she/they authorise the Bank in writing to pay it on his/her/their behalf.
19.10 The Bank has the right to destroy the cheque books/Cards/PIN mailers if they have
not been collected by the Customer (as the case may be) within one calendar month
(at the most) from the issuance date thereof and the Customer shall submit a new
application for re-issuance of any of these items and pay the relevant Charges.
19.11 The Bank reserves the right to vary these terms and conditions from time to time. All
such variations will be available on the website and by notifying the Customer through
a general notice to be displayed at the Bank’s branches and the Customer shall be,
thereafter, bound by such amendments. Deposit agreements (saving/call/investment
deposits), shall not be amended during their validity without notifying the Customer
through a general notice to be displayed at the Bank’s branches. If the Bank does not
receive an objection from the Customer during fifteen (15) calendar days, then the
Customer shall be considered to have accepted such amendment. The amendment
shall be effective on the renewal of the deposit if the Bank notifies the Customer of
such amendment before the expiry of its term.
19.12 If the Bank does not at any time exercise or enforce (in whole or in part) the full
implementation of any clause or obligation set out in these terms and conditions or if
the Bank delays the implementation thereof, the same shall not be considered to be
a waiver of its right or abandonment of the full implementation at a subsequent time.
No waiver of any of these Terms and Conditions or a breach of them shall be given
unless in writing and shall not operate as a waiver of any other requirement or breach
of these Terms and Conditions.
40
19.13 The Bank’s records and documents shall be considered as evidence of the correctness
of the Customer’s balance. If, however, the contrary is claimed, for instance in the case
of manifest error, the burden of proof shall lie with the Customer.
19.14 The Bank shall have the right to invest the credit balance in the current account and
the remaining part of the savings account, call deposits and investment deposits not
sharing in Mudaraba Pool and the Bank shall bear the results of such investments.
19.15 The Customer shall not assign or charge the funds held in her/his/their accounts to
any other person by way of Security, without the Bank’s written consent.
19.16 The Bank may from time to time at its option open any further personal/impersonal
accounts(s) in any currency if deemed necessary and advantageous to control,
monitor, segregate and/or separate some transactions from others where the Bank
has a financial or other interest whatsoever. Such account(s) when opened shall also
be governed by the terms and conditions mentioned herein and the Bank shall be
considered to hold lawful authority in advance to do so, without requiring additional
account opening forms to be signed by the Customer.
19.17 The Bank may invite customers to use or become members of premium branded
services, subject to meeting qualification criteria. Similarly where a customer
stops meeting the qualifying criteria or the qualifying criteria has changed and the
customer has failed to meet the new criteria after being given notice of the change,
the bank reserves the right to request the return of premium branded material,
including but not limited to Cheque books, Debit Cards, Credit Cards, in replacement
for alternative material applicable to the revised service offering.
19.18 We may appoint an agent to collect any sum due from you to us under these Terms
and Conditions.
19.19 These Terms and Conditions are binding on you personally and you may not assign
your rights and obligations to any other person. The Bank may sub-contract and
employ agents to carry out any of its obligations under this contract.
19.20 You agree to sign and deliver to us such further documents as we may request from
time to time.
19.21 If any one of these Terms and Conditions is or becomes illegal or unenforceable, the
remaining terms and conditions shall continue in full force and effect.
These Terms and Conditions, and all relating matters are subject to the provision of the
Noble Islamic Shari’a, advisory opinions (Fatwas) made by Shari’a and Fatwa Supervisory
Board of the Bank and the Articles of Association of the Bank as well as the Laws of the
State of Qatar to the extent that it does not conflict with the principles of Islamic Shari’a.
You and we submit to the non-exclusive jurisdiction of the courts of the State of Qatar.
Such submission shall not restrict our rights to bring proceedings against you in any other
jurisdiction.
41
21. Anti-money Laundering:
Account opening and availing of banking services/facilities offered by the Bank is subject to
all information requested by the Bank and required in accordance with Qatar Central Bank
anti-money laundering and financing terrorism regulations and the Bank regulations being
provided by the Customer; if the information criteria are not met or information provided
proves to be in correct or fraudulent the Bank under no obligation to, and has the right
to refuse to offer any services/facilities to the Customer. In the event of suspicion arising
concerning the Customer’s involvement in money laundering, terrorism financing or other
illegal activities, Qatar Central Bank shall be notified accordingly of all such suspicion and
the Bank may be required by Qatar Central Bank to set aside funds transferred to or held in
the Customer’s Account
22. These Terms and conditions are written in Arabic and English languages.
In case of disputes, the Arabic version shall prevail.
These Terms and Conditions will apply to all accounts currently opened or will be opened in
the future by the Customer with the Bank. Pursuant to Qatar Central Bank requirements, the
Customer shall be registered for SMS banking as provided by the Bank linked to its mobile
number.
42