Regulation for Personal Online Banking of Shanghai Pudong Development Bank

Article 1 The regulation is formulated for standardizing Personal Online Banking transaction operation, clarifying the rights and obligations of both parties, and safeguarding the interests and rights of clients and bank.

Article 2 Personal Online Banking business herein refers to Shanghai Pudong Development Bank (hereinafter referred to as "SPDB") provides banking business for individual client through Internet.

Article 3 Client of SPDB Personal Online Banking shall meet the following requirements:

1. Client shall own bank card or Current Savings Passbook of SPDB.

2. Client has read this regulation and agreed to comply with it.

3. Client has signed Customer Service Agreement of Shanghai Pudong Development Bank on Personal Online Banking in written or electronic method.

Article 4 Client shall use satisfactory computer and other necessary equipments to transact personal Online Banking business via internet or other public data network.

Article 5 Client shall read carefully this regulation and clauses of Customer Service Agreement of Shanghai Pudong Development Bank on Personal Online Banking, and fully understood the business provisions of personal Online Banking, possible risks on transactions, operations and so on.

Article 6 Client shall provide the true, correct and complete customer information and relevant vouchers when transacting subscription application and signing relevant agreements. If information has been changed, client shall make corresponding revision in time through the service channels such as SPDB Personal Online Banking, telephone banking, bank outlets and so on. Otherwise, client shall undertake all consequences resulted from false, incomplete customer information, or failing to update in time etc.

Article 7 SPDB shall have the duty of keeping confidential for the client¡¯s transaction data and customer information, and shall not randomly provide the above information to the third party unless otherwise regulated by the State Laws and regulations, required by supervision department or agreed with client.

Article 8 Bank outlets which accepting Personal Online Banking subscription shall have the right to verify the application information of subscription submitted by client, and shall transact the relevant subscription procedures after approval. SPDB shall have the right to reject the subscription application submitted by client who violates this regulation, Payment and Settlement Measures, or other financial regulations, or has overdrawn with ill intentions, or has bad personal credit and record.

Article 9 After completing subscription procedures and signing Customer Service Agreement of Shanghai Pudong Development Bank on Personal Online Banking, Client becomes the SPDB Personal Online Banking customer. Bank outlets, which accepting customer application and handling subscription, are responsible for providing banking ID, necessary identification and encryption equipments to customer, the cost of the equipment will be borne by customer.

Article 10 Client, who wants to change or terminate the service or settings of Personal Online Banking business, shall submit application to relevant bank outlets of SPDB, and shall transact the relevant procedures as per bank outlets requirements.

Article 11 Based on the banking ID, SPDB shall provide the corresponding Personal Online Banking service for all accounts under the customer name. After completing subscription, Online Banking service will be automatically opened for any bank card, other vouchers, and accounts under the same banking ID, and need not sign a separate agreement.

Article 12 Client shall use inquiry password, transaction password, dynamic password and digital certification to transact Personal Online Banking business with banking ID, account No., card No., or other vouchers. SPDB shall deem the above operations as client¡¯s legal and effective business order and shall deem being authorized to transact relevant businesses. Therefore client shall undertake all consequences caused by the operations.

SPDB shall have the obligation to transact relevant business as per client¡¯s business order sent via Personal Online Banking system, and shall treat it as the only legal and effective evidence for handling personal internet transaction.

SPDB shall deem the received Personal Online Banking business order as client¡¯s own demand, and shall handle the transaction based on it. SPDB shall not have the obligation to re-verify the actual user or his/her qualification and capability of this Personal Online Banking business.

SPB Bank shall save client¡¯s business order via computer system. The business order shall be deemed as the effective and legal evidence for solving subsequent dispute or controversy in the future.

Article 13 Client shall keep personal confidential information (password, digital certificate, mobile phone for getting dynamic password and so on) in good condition, and shall be responsible for all Personal Online Banking transactions completing by part or by all of the above factors. Client shall not reveal or provide password, digital certificate and mobile phone for getting dynamic password to others. SPDB shall not undertake risks or losses resulted from customer information being stolen or revealed.

Article 14 If client forgets the password, loses bank card, passbook, other vouchers, digital certificate, mobile phone for getting dynamic password, or the above factors has been stolen by others, client shall timely go to SPDB to transact relevant procedures (loss report, updating and so on) associated with financial business. Client shall undertake losses caused by the transactions before completing relevant procedures and before the procedures becoming effective.

Article 15 Customer certificate shall be used within the term of validity. Prior to the expiry of certificate, client can update the certificate via Online Banking. Beyond the expiration of certificate, if client wants to use it continually, client shall go to SPDB outlets to transact updating procedure. If customer certificate is damaged, locked or lost within the term of validity, client shall go to SPDB outlets to transact updating procedure. Client shall undertake losses caused by transactions before completing relevant procedures and before the procedures becoming effective.

Article 16 Client shall transact Personal Online Banking business as per operation instructions of SPDB Personal Online Banking. Client shall undertake consequences caused by the operation which violated the instructions.

Article 17 Client shall transact Personal Online Banking business according to Payment and Settlement Measures of People¡¯s Bank of China and other relevant regulations, and shall pay for transaction and service charge according to the regulations of SPDB. Client shall authorize SPDB to deduct charges directly from his/her various accounts. Client shall keep enough balance in accounts, otherwise SPDB shall have the right to terminate the Personal Online Banking service immediately.

Article 18 SPDB shall have the right to adjust Personal Online Banking business service or function at the appropriate time. In case of adjusting Personal Online Banking business, SPDB shall announce the revised contents via website or bank outlets timely. The revised contents shall be effective on the date of announcement, and shall bind upon all clients.

Article 19 SPDB shall not undertake the responsibilities of client¡¯s economic losses caused by force majeure such as Personal Online Banking business function loss, delay and data corruption etc.

 ¡°Force majeure¡± mentioned above refers to any unforeseen, unavoidable and insurmountable objective circumstances of the bank, including natural disaster, military act, laws or administrative instructions and the changes approved by government, epidemic diseases, war, terrorist action, rebellion, revolt, fires, explosions, earthquakes, nuclear accidents, flood, power-down impacting on instruments, formidable weather conditions etc; in addition, based on the network characteristics, ¡°force majeure¡± also includes stop or broken of internet service, telecommunications business and power supply, any hardware or software failure caused by financial fraud, computer virus, hackers penetrated, soft bomb or the similar circumstances.

Article 20 When operating on Personal Online Banking, client shall consider the following risks, and take necessary precaution measures. Otherwise, client shall undertake the disadvantageous consequences:

(I) Important information like password or banking ID are doped out, peeped by others or obtained by Trojan virus, false website, messages, call and so on, may lead to consequences such as revealing customer account information, funds being stolen or being operated maliciously by others and so on.

(II) In case of client¡¯s mobile phone being stolen or being used by others without allowance and password being stolen as well, it may lead to the consequences such as revealing customer account information, funds being stolen or being operated maliciously by others and so on.

(III) In case of client¡¯s digital certificate being stolen or being used by others without allowance, and password being stolen as well, it may lead to the consequences such as revealing customer account information, funds being stolen or being operated maliciously by others and so on.

(IV) In case of important information associated with transacting Personal Online Banking business (such as ID certificate, bank card/passbook and so on) being used falsely or embezzled by others resulted from failing to keep them well, it may lead to the consequences such as revealing customer account information, funds being stolen or being operated maliciously by others and so on.

Article 21 Client shall have the obligation to take all necessary precautionary measures to safely use Personal Online Banking. These measures including but not limited to:

 (I) Important vouchers associated with transacting Personal Online Banking business (such as ID certificate, bank card, passbook, password, digital certificate, mobile phone for getting dynamic password and so on), shall be kept in good condition and shall not handle to others for safekeeping. Client shall not leave personal information (such as card No., ID No., and useful telephone No. and so on) on mistrustful websites or at other places to prevent others from using it.

(II) Client shall keep password confidential and shall not tell it to anyone including bank staff; Client shall not record or keep password in computer, telephone, mobile phone or other electronic equipments. After transacting business via telephone with the function of keeping and displaying entered No. or mobile phone, client shall immediately delete the entered password, account No. and so on .

SPDB shall not demand client¡¯s password in any case. Do not provide bank password in case others (including bank staff) demand it. Otherwise, client shall be responsible for consequence losses.

Client shall immediately quit Personal Online Banking when completing transaction or leaving temporarily during the operation of Personal Online Banking. Client, using digital certificate, shall unplug timely the storage medium of mobile certificate from computer and keep it well.

((III) Client shall avoid using the information which is apparently associated with oneself (for example: birthday, telephone No., ID No. and so on) or obvious regular character (for example: repeated or consecutive numbers) as password; the password for transacting Personal Online Banking transaction shall be different from that of other usages (for example: member password of other Website, E-mail password and so on). Personal Online Banking inquiry and transaction password should be different and be updated frequently.

(IV) Client shall take effective measures (for example: install anti-viruses software and network firewall) to protect the security of electronic equipments for proceeding Personal Online Banking transactions such as computer and so on, preventing from information leaking or being operated by others. Client shall not log on Personal Online Banking via computers used by many people in Internet Bar. Once mobile phone No. changed, client shall timely change the mobile phone No. associated with Personal Online Banking.

 (V) Clint shall only login www.spdb.com.cn or ebank.spdb.com.cn to transact Personal Online Banking business, and shall not login Online Banking via other website or link.

(VI) Client shall often pay attention to the fund changes in account, and shall transact loss report or password change procedures immediately if the account is found to be operated by others, or the password been leaked. Should you have any question, please dial 95528 telephone banking or go to bank outlets of SPDB for consultation.

Article 22 Client shall undertake losses caused by failing to fulfill obligations (such as preventing the above risks and so on) or other reasons not caused by SPDB. SPDB shall not undertake any liability.

Article 23 SPDB shall be responsible for compensating subscriber¡¯s economic losses if the subscriber can provide sufficient evidence to prove that the major fails or error of Personal Online Banking operation is totally caused by SPDB, or by its gross negligence. But in any case, SPDB compensating liability is only limited in client¡¯s direct economic losses (i.e. bank charge), excluding client¡¯s indirect loss (for example: expected earning, commercial profit and so on).

Article 24 SPDB shall provide Personal Online Banking transaction service only based on client¡¯s effective order, and shall not take part in any dispute between client and the third party or its affiliates.

Article 25 If client violates this regulation, SPDB shall have the right to unilaterally stop, terminate part of or all of the client¡¯s operation qualification of Personal Online Banking business function, and shall reverse the right to further claim for compensating against client.

Article 26 Disputes arising from the Personal Online Banking business between client and SPDB, shall subject to the Law of the People¡¯s Republic of China (not including the laws of Hong Kong, Macao and Taiwan region).

Article 27 Both parties shall have the right to lodge a complaint to the Court with jurisdiction where SPDB is located for any dispute arising from the Personal Online Banking business between client and SPDB.

Article 28 The head office of SPDB is responsible for formulating and interpreting the regulation.

Article 29 The regulation shall become effective from the date of publication.

Disclaimer: This Regulation is stated in both Chinese and English versions on SPDB Online Banking; in case there is any inconformity between them, the Chinese version shall prevail.