Notice on ICBC Mobile Banking (Short Message) Business

I. Definition of Mobile Phone Banking (Short Message)

  (I) "Mobile Phone Banking (Short Message)" is a new financial service for customer to make enquiry, transfer, remittance, donation, consumption and bill payment according to the customer's short message instructions sent through mobile. This is a new service mode different from STK-based Mobile Phone Banking. Customer sent short message in specified format to ICBC special services number. ICBC completed the relevant services according to customer's instructions and sent back the transaction result to customer by short message.

  (II) "Registered Customer" refers to customers who registered Mobile Phone Banking (Short Message) Service over the counter or through Internet self-services.

  (III) "Non-registered Customer" refers to customers who have not registered Mobile Phone Banking (Short Message) Service

  (IV) "Registered Mobile Number" is the mobile number given and confirmed by customer when registering Mobile Phone Banking (Short Message) Service.

  (V) "Default Payment Card" is a registered card designated by customer when registering Mobile Phone Banking (Short Message) Service. Customers do not need to input card number when making enquiry or transfer of this default payment card.

  (VI) "Payment Password" is the password set up and confirmed by customer when registering Mobile Phone Banking (Short Message) Service. Customer must enter this payment password when making enquiry, remittance, bill payment, consumption and cancellation.

II. Rules of Mobile Phone Banking (Short Message)

  (I) All personal customers who have savings accounts and settlement accounts opened in ICBC and mobile from cooperative Mobile Operators (currently are China Mobile and China Unicom, hereinafter referred as cooperative unit) are eligible to apply for Mobile Phone Banking (Short Message) Service. Customers must follow ICBC E-Banking Regulations when applying for Mobile Phone Banking (Short Message) Service. Registered customers also have to fulfill ICBC E-Banking Individual Customer Service Agreement.

  (II) When registering Mobile Phone Banking (Short Message) Service, customers should specify registered mobile phone number and default payment card and set up payment password. Service will be immediately opened after completing the registration.

  (III) Mobile Phone Banking (Short Message) Service offers such services as enquiry, transfer, bill payment, remittance, consumption, donation, financial information enquiry, etc.

  (IV) Customers registered over counter can apply for all Mobile Phone Banking (Short Message) Services, but transfer and remittance have to be separately applied. Self-help registered customers can apply all services except transfer and remittance. These two services can be applied in business offices if needed.

  1. Customer apply for enquiry services can also enquire on mobile owner's own banking accounts (mobile owner's name, ID card number take the information stated in cooperative unit) besides enquire on registered card account of Mobile Phone Banking (Short Message) Service.

  2. When applying for transfer services, transfer-out account must be the registered card account of Mobile Phone Banking (Short Message) Service, and both transfer-out account and transfer-in account must be settlement accounts opened in ICBC business offices in the same area. When applying for remittance service, remit-out account must be the registered card account of Mobile Phone Banking (Short Message) Service. Remit-in account should be the settlement account opened at ICBC.

  3. Customer who wants to make transfer between registered cards accounts of Mobile Phone Banking (Short Message) Service have no restrictions on transaction limit. Customers who wants to make transfer or remittance to other registered card (account) have restrictions on transaction limit. Daily transaction limit is RMB 1,000.

  4. If customer cannot pass the authentication of payment password for consecutive 6 times when making transfer, remittance, bill payment and consumption, ICBC will freeze this ID qualification of transfer and remittance in Mobile Phone Banking (Short Message) Service in the current-day. It will be automatically de-frozen the next day. Other E-banking and couther service of the customer are not effected in the freezing period.

  5. Daily transaction limit on consumption is RMB 1,000.

  6. Daily transaction limit on bill payment is RMB1,000.

  7. If customer wants to make a donation, donation account can be registered card account of Mobile Phone Banking (Short Message) Service or mobile owner's own banking card account (mobile owner's name, ID card number take the information stated in cooperative unit). Minimum donation amount is RMB 1, maximum daily donation amount is RMB 500.

  (V) Non-registered customers can only use enquiry, donation and financial information inquiry services.

  1. When customers want to make enquiry service, enquired account must be mobile owner's own banking account (mobile owner's name, ID card number take the information stated in cooperative unit).

  2. When customers want to donation service, donation account information must be mobile owner's own banking card account (mobile owner's name, ID card number take the information stated in cooperative unit). Minimum donation amount is RMB 1, maximum daily donation amount is RMB 500.

  (VI) ICBC Mobile Phone Banking Special Service Number is: 95588 (China Mobile), 95588(China Unicom). China Mobile customers send special-formatted short message to 95588 can immediately make transactions; China Unicom customers send short message to 95588 can enjoy all Mobile Phone Banking (Short Message) services except consumption. If wanting to make consumption payment, please reply confirmation to the information sent by ICBC special service number 95588 in order to complete the payment.

  Operating instruction of Mobile Phone Banking (Short Message) Service can be viewed in ICBC website. Customer can send "?" (Help) instruction to enquire if forgot the short message format.

  (VII) ICBC offers 24 hours Mobile Phone Banking (Short Message) Service.

  (VIII) Customer can go to ICBC business offices to register Mobile Phone Banking (Short Message) Service over the counter, change default payment card, change mobile number, re-set payment password, add or delete registration card, add or cancel outward transfer function, add or delete agreed transfer account, or cancel Mobile Phone Banking (Short Message) service. Customers can also register Mobile Phone Banking (Short Message) Service at ICBC website by themselves, or send short message to modify default payment card, modify payment password, or cancel Mobile Phone Banking (Short Message) service.

  (IX) Customers should pay relevant fee according to the fee collection standard of "Charging Standard" in ICBC website when using Mobile Phone Banking (Short Message) service.

  (X) Mobile Phone Banking (Short Message) Services applied through registering mobile number or through registering mobile number and payment password are all considered as customers' actions. Customers held responsible for the banking transactions through the above-mentioned number and password. For security purpose, customers should safely keep the mobile phone and payment password. Timely stop the mobile or cancel Mobile Phone Banking (Short Message) Service once the mobile phone is lost. Customers should delete the payment password from the mobile phone after making transactions through Mobile Phone Banking (Short Message). It is recommended that payment password should be different from the payment password of Internet Banking.

  (XI) ICBC adjusts the relevant transaction limits of transfer and remittance as service developed, so as adjusts the charging standard. Notice will be given in advance through website and will not individually inform the customers.

  The agreement shall be written in both Chinese and English. Both versions shall have equal binding force. The Chinese version shall prevail in the event of discrepancy between the two versions.

Personal Customer Service Agreement of ICBC Electronic Banking

  Party A (customer) and Party B (ICBC) enters into the agreement with respect to ICBC Internet Banking to specify rights and obligations, and standardize their business behavior under the equal and mutual benefit principles.

  Article I Definitions

  Terms herein has the meanings as defined below:
  "Electronic Banking" refers to virtual banking provide self-help financial service to customers through network and electronic terminals. ICBC Electronic Banking provides customers with services such as enquiry, transfer, financing and payment settlement through Telephone Banking, Internet Banking and Mobile Phone Banking, etc.
  Article II. "Customer certificate" refers to the electronic file that stores customer ID and completes digital signature for electronic transaction information submitted by customers.
  "Electronic Banking Business Instruction" refers to the customer request for enquiry and transfer sent to the bank through network with registered card (customer number and registered mobile phone number) or deposit book account number or customer certificate and related password.

  Article II Rights and Obligations of Party A

  I. Rights
  (I) Party A voluntarily applies to register Party B's electronic banking and shall have right to enjoy different services under registered items with approval of Party B.
  (II) Party A shall have right to cancel electronic banking during the registration period.
  (III) If Party A has questions, suggestions or advice on Party B's electronic banking service, it can call "95588" or log on Party B's website or go to Party B's business offices for consulting and complaint.

  II. Obligations
  (I) Party A shall abide by ICBC Electronic Banking Procedures when processing electronic banking businesses.
  (II) Party A shall guarantee the materials provided true, correct and complete when going through registration, cancellation and change of electronic banking.
  (III) Party A shall directly log on Party B's Website (http://www.icbc.com.cn) instead of through mail or other website when processing Internet banking service.
  (IV) Party A shall properly keep its own registered card number, customer number, password and customer certificate and be responsible for the financial transactions completed with the above information.
  (V) Party A shall set and keep the password under confidential principle, avoid using information related to oneself such as name, date of birth and telephone number as password; must not disclose its password to anyone unless specified by the law; delete the password from the mobile phone after completing Mobile Phone Banking business, and take other reasonable measures to prevent the password being stolen. Party A shall take responsibility for all the consequences caused by disclosure of the password.
  (VI) In case of damage, lock, loss or disclosure or forgetting of electronic banking password of Party A's customer certificate, Party A shall go the business office to go through procedures related to change, unlock, loss report or resetting password. Party A shall take responsibility for all the consequences before completing all above procedures.
  (VII) Party A can make loss report for Elite Club Account and Bank Cards through Party B's electronic banking. Loss report of Peony International Card and Peony International Debit Card comes into effect upon the loss report. Effective period of loss report of Peony Moneylink Card, ICBC (Asia) Wealth Card, Peony Moneylink Card ?E-Age, Elite Club Account and deposit account is 5 days and the loss report is automatically cancelled after the effective period. Effective period of Peony Credit Card and Peony Quasi-Credit Card refers to related regulations. For responsibilities for economic loss occurred, please refer to related business procedures and regulation.
  (VIII) Party A shall not refuse payment to Party B with excuse of disputes with any third party.
  (IX) Party A shall not intentionally defame or impair Party B's reputation or hostilely attack Party B's electronic banking system.
  (X) Party A shall also abide by Party B's other business regulations or rules involved by service functions used when Party A processes electronic banking business.

  Article III Rights and Obligations of Party B

  I. Rights
  (I) Party B shall have right to decide whether or not accept Party A's registration application based on Party A's credit standing.
  (II) Party B shall have right to decide charge standards of electronic banking businesses and publish them on Internet and business offices.
  (III) Party B shall have right to update and improve the electronic banking system.
  (IV) Party B shall have right, on its own discretion, terminate electronic banking service to Party A and reserve right to investigate Party A's responsibility if Party A fails to pay related expenses or abide by Party B's related regulations or viciously behave, defame or damage Party B's reputation.
  (V) Party B processes business according to Party A's electronic banking business instruction and deem the operation with Party A's registered card number, customer number, password and customer certificate to be made by Party A. E-info records resulted from the operation shall be the valid document of Electronic banking business processed by Party B.
  (VI) Party B takes no responsibility when it fails to correctly execute Party A's electronic banking business instruction in any of the following cases.
  1. Party B receives unclear, luanma or incomplete instructions;
  2. Party A's account has insufficient deposit balance or credit limit;
  3. Fund in Party A's account is frozen or deducted lawfully;
  4. Party A fails to correctly operate according to Party B's related business regulations;
  5. Force majeure or other reasons than Party B.
  (VII) Party B shall not return related fees already paid by Party A if the agreement is expired or terminated within the effective period of the service.

  II. Obligations
  (I) Party B assumes responsibility for legality of related software used by the electronic banking.
  (II) Party B is responsible for processing registration procedures of electronic banking for Party A in time and provides Party A with related electronic banking service to Party A according to functions registered by Party A.
  (III) Party B is responsible for providing Party A with electronic banking business consulting service and publish Function Introduction, Questions and Answers and Transaction Regulations, etc. on Party B's Website.
  (IV) Party B is liable to keep confidential for application materials and other information provided by Party A, unless otherwise specified by laws and regulations.
  (V) Party B shall make compensation for Party A in accordance with Payment and Settlement Regulations issued by People's Bank of China if payment and settlement is delayed due to negligence.

  Article IV Governing Law

  Construction, effect, fulfillment and interpretation of the agreement is governed by laws of the People's Republic of China or by generally accepted financial practice if not expressly specified by laws.
  The agreement is the supplement to the existing agreement and conventions instead of substitution. If there is discrepancy between the agreement and other existing agreement and conventions, if involved in electronic banking business contents, the agreement shall prevail.

  Article V Dispute Settlement

  Disputes in connection with the agreement shall be settled through negotiation between both parties. If no settlement is made, the disputes shall be submitted to the local Peoples' Court of Party B for lawsuit.

  Article VI Suspension and Termination of the Agreement

  Electronic banking service provided by Party B is subject to status of Party A's registered card (account). If the card is out of use due to (account) loss report or payment stop, etc, the related services are automatically suspended. When Party A's registered card (account) resumes to normal status, Party B will provide the related service again.
  The agreement is terminated when party A completes cancellation procedures of Party B's electronic banking.

  When Party A violates provisions of the agreement or Party B's other business regulations, Party B shall have right to suspend or terminate the agreement. Termination of the agreement shall not mean cancellation of uncompleted transaction instructions that are issued before such termination, nor eliminate legal consequences caused by the transaction before termination.

  Article VII Effect and execution of the agreement

  Invalidity of any term of the agreement for any reason shall not affect effect of other terms of the agreement. The agreement comes into execution upon Party B completes registration for Party A in the electronic banking system.