I. Opening of Accounts
Deposit accounts, hereinafter referred to as the “Account”, may be opened subject to the approval of BDO, after taking into consideration the presentation of references acceptable to BDO and after verification of applicant's identity and/or authority to open the account. The Depositor warrants that he is not suering from any legal disability upon opening of the account. The Depositor shall maintain the required Average Daily Balance (ADB) as the Depositor may be notified by BDO from time to time. A service fee shall be charged if the account falls below the required ADB.
Documents required for personal accounts, corporations, partnerships, associations or entities must be submitted to BDO. BDO is authorized to obtain and verify information relating to the Depositor from government agencies or third parties including banks, financial institutions, and credit bureaus to verify information provided by Depositor, conduct background check on the financial capability of the Depositor or for other purposes as BDO may deem necessary.
All deposits must be made by the Depositor or by his representative by accurately filling out the forms required to make such deposit. If the Depositor is unable to write for some reason, he must have the form filled-out by any person other than an employee of BDO. BDO shall not be liable for losses caused by any and all inaccuracies in filling-out the form. The initial deposit and the minimum subsequent deposits must be in such amount as may be reasonably determined by BDO. BDO may refuse certain items for deposits, such as second endorsed checks and checks presented after six (6) months from date of issue, otherwise considered as stale checks. BDO may, at its discretion, refuse to accept deposits or at any time return all or part of a deposit together with the interest due. Deposit of checks, drafts, money orders and treasury warrants shall be accepted by BDO conditionally, i.e. as subject to collection only, and shall not be considered as credited to the Depositor's account until the proceeds thereof shall have been definitely received by or credited to BDO. The client obligates himself to reimburse BDO any and all amounts credited by BDO to his deposit account equivalent to the face value of the items, including bank charges and other expenses, if any, should any item be dishonored due to fraud, forgery, material alteration or for any reason whatsoever. In this connection, BDO is hereby given full power and authority, at its sole option, to debit said amount/s from any account of the client with BDO and / or set-o the same against any of the client’s funds / property in the actual / constructive possession and / or control of BDO. Furthermore, the client hereby knowingly, unconditionally and irrevocably releases and discharges BDO, its owners, directors, ocers, employees, agents and representatives from any right, claim, cause of action that the client or any third party may now or in the future may claim against BDO arising from or in connection with the transactions
contemplated herewith. All endorsements and/or lack of endorsements on the items deposited are guaranteed by the Depositor. The Depositor assumes full responsibility for the correctness, due execution, genuineness and validity of all endorsements appearing on all checks or other items deposited.
The Depositors shall be deemed to warrant each time any deposit or withdrawal is made on the account that the Depositors have full and absolute title and right of disposition over all monies, checks and funds in the account.
IV. Joint Accounts
A. Joint OR Account
i. BDO shall honor the signature of any one of the Depositors named in the account in the payment of funds or in the transaction of other business on the account.
ii. Checks, drafts, bills of exchange and/or other instruments for the payment of money payable or purporting to belong to any one or more of the Depositors may be
endorsed by any one of the Depositors/payees for deposit to the account.
iii. BDO has full authority to honor and pay via debit from the account, checks or other written orders of the Depositors as the case may be, all without need for inquiry by BDO as to the use or disposition which may be made of the fund so withdrawn.
iv. The account shall be payable to, and collectible by any one or all of them, as the case may be, during their lifetime; and upon the death of any one of them, shall be
payable to the survivors unless the law provides otherwise.
B. Joint AND Account
i. BDO shall require the signatures of all the Depositors named in the account in the payment of funds or in the transaction of other business in the account, unless
otherwise indicated. BDO shall be free from any loss, damage or liability of whatever kind or nature arising from or in connection with any arrangement adopted by the
Depositors requiring less than all the signatures of the Depositors.
ii. The Depositors shall be jointly and severally liable for the payment of any obligation to BDO. BDO may, at anytime at its own discretion, with or without
notice to anyone of the Depositors apply all or any part thereof to the payment in whole or in part, of any indebtedness that may be due to BDO from anyone/all of
them and oset a corresponding amount of such indebtedness against such balance.
iii. For all intents and purposes, BDO shall assume that at all times, the Depositors own the account in equal shares, unless BDO is otherwise notified in writing signed by all Depositors.
C. Declaration that Co-Depositors are Alive (Perjury Clause)
In joint accounts (whether “Joint Or” or “Joint And”), each Depositor declares and arms, under the penalty of perjury that his co-depositors are still living at the time of
withdrawal and BDO shall fully rely on said declaration. The Depositors shall hold BDO free and harmless against any losses, damages, claims or liabilities which may arise as a result of or in connection with BDO's reliance to said declaration.
V. Legal Compensation Clause
The Depositor or Depositors shall be, jointly and severally, as the case may be, liable for the payment of any obligation of the Depositor, or any of the Depositors in a joint account, to BDO. BDO may at its own discretion apply all or any part of the Accounts including Time Deposit Accounts) to the payment in whole or in part of any obligation that may be due to BDO from the Depositor or any one, or all, of the Depositors in a joint account without incurring any liability therefor.
All withdrawals must be made by the Depositor by filling out the required forms. Withdrawals by a person other than the Depositor himself may be allowed only upon the
Depositor's written authorization, accompanied by at least one valid identification card of the person authorized, which shall be verified by BDO. The Depositor will not be permitted to withdraw from his account any amount in excessof the outstanding available balance to his credit.
VII. Service and Other Bank Charges
BDO is authorized to collect from the Depositor all applicable service charges, penalty charge and other fees the account may incur. BDO reserves the right to impose new service and maintenance charges and change existing charges from time to time within the limits allowed by law or pertinent regulations. BDO, without need of prior notice, is authorized to deduct all such charges and fees from the account without incurring any liability therefor not limited to any loss, damage, cost or expense arising from or in connection with the dishonor of checks, drafts, notes or other instruments because of insucient funds as a result thereof.
VIII. Change of Personal Information or Circumstances
BDO should be properly notified in writing of any change in the personal information. (e.g. Postal Address, Marital Status, etc.) All correspondences relative to the account shall be sent to the Depositor's present postal address indicated in BDO's record.
IX. Closing of Accounts
Only the Depositor may close an account. The Depositor may close the account by filling out the prescribed form for withdrawal. The Depositor will pay a service charge in such amount as may be reasonably imposed by BDO if the account is closed within thirty (30) days from date the account was opened. However, BDO reserves the right to immediately close the Depositor's account at any time without prior notice in case of misrepresentation or falsity of information provided by the Depositor or if BDO perceives, at any time and in its sole discretion, that the account may be or may have been used or is being used in connection with any fraudulent or illegal activities or transactions; or if BDO perceives, at any time and in its sole discretion, that it may be exposed to any financial, operational, legal, reputational or other risk in maintaining the account, or if the Depositor fails to abide by any provision of the terms and conditions for deposit accounts. BDO reserves the right to close the account if the Depositor has handled his account in a manner not satisfactory to BDO and/or if the Depositor draws checks against insucient funds and/or uncollected deposits and any two (2) of such checks are presented to BDO within a 30-day period. In such event, BDO shall pay the Depositor the balance of his account, if any, upon his return of unused checks to BDO. Furthermore, BDO and its ocers and employees shall be held free and harmless from any liabilities, claims anddemands of whatever kind in connection with or arising from (a) closure of the account(s) and/or (b) the dishonor of any check which may be presented to BDO after the closure of the account(s) and/or (c) the reporting of BDO of the account closure and the reason therefore to Banker's Association of the Philippines (BAP) or any monitoring
entity or body established by BAP or law to keep record of and monitor mishandled deposit accounts.
X. Interest Credits
Interest bearing accounts shall earn interest at a rate determined by BDO on a per annum basis and in accordance with pertinent laws, rules and regulations. Interest shall be computed based on daily available balance and credited to the account at the end of the month, less of applicable withholding tax. However, no interest shall be paid on dormant accounts or those closed prior to crediting of interest at the end of any month.
XI. Dormancy and Unclaimed Balances
Accounts including those with Automatic Transfer Facility options which have no financial transaction for at least one (1) year (12 months) for Current Accounts and two (2) years (24 months) for Savings Accounts shall be classified DORMANT. Dormancy fee shall be charged aside from the maintenance fee for falling below the required minimum monthly Average Daily Balance (ADB). Pursuant to the provision of existing laws, all “unclaimed balances” which represent deposits of money and/or interest accrued thereon held by BDO for any depositor who has no further financial transactions for a period of ten (10) years or more shall be reported and, when so ordered, deposited by BDO to the Treasury of the Philippines, to the credit of the government of the Republic of the Philippines.
XII. Philippine Deposit Insurance Corporation (PDIC) Rules
Account/s shall be subject to applicable PDIC laws, rules and regulations including the insured value.
In the event of emergencies which merit the issuance of a work suspension order by appropriate public ocial in any or all of the Philippine Clearing House Corporation
(PCHC) covered clearing areas, by which PCHC shall, with the approval and concurrence of BAP, suspend the clearing in the aected areas or clearing exchanges shall be deemed automatically suspended, BDO, without prior notice to anyone of the Depositors is authorized to extend automatically the number of clearing days of bank check deposits. However, should the announcement be made later in the day when items have already been received for deposit by BDO, then such items shall be processed the next clearing day.
XIV. Other Provisions
In case of extraordinary inflation or deflation of the currency stipulated herein, the provision of Article 1250 of the Civil Code shall not apply. BDO reserves the right to amend the general terms and conditions stated herein at any time and without need of prior notice of changes to the Depositor