Legal Information - Internet Banking Solutions

Confidentiality and Security

National Bank of Canada and its subsidiaries ("the Bank") take all reasonable measures (given existing personal data protection technology) to protect the confidentiality of information exchanged between the Bank and its clients.

The Bank uses cutting-edge data encryption technology to protect your information. This technology scrambles the information transmitted between your computer and the Bank's IT systems. Information is encrypted at the source and decrypted at the destination.

As a client, you can download a browser, such as Microsoft Internet Explorer, Google Chrome or Mozilla Firefox, by clicking on the links provided in our support page.

In addition to cutting-edge encryption technology, National Bank of Canada also uses a firewall to block unauthorized access to its computer systems and data banks. Moreover, as all information is subject to various control measures during online transmission, only authorized messages or transactions reach National Bank’s computer systems. To protect the security of your personal information, never disclose your user code, your password, your verification code or the answers to your security questions. To protect yourself from online threats, be careful when opening emails and instant messages. They may contain malware or ask you to do something potentially harmful to your company, such as sending a transfer to a foreign country or providing sensitive business information.

Be cautious when visiting websites and avoid opening unknown files or email attachments, as most cyber threats stem from the Internet, emails and instant messages.  Files and attachments can infect your computer with spyware, such as keylogging software, which can capture your data (passwords, usernames, account numbers and other sensitive information).

Consult our security section for more information.

After completing any activity in an encrypted section of a transactional site, always clear your browser cache or close and restart your browser.

 

Precautions When Downloading and Installing Software

If you choose to access software through one of the links listed on this website, you are responsible for taking the necessary precautions to detect potential viruses and ensure the software in question is compatible with your computer. You must also make sure that you have up-to-date backup copies of the entire contents of your hard drive before installing the software. Be sure to comply with the guidelines issued by the Bank from time to time concerning precautions to be taken, especially those relating to cyber threats.

Your responsibilities

You are responsible for managing and monitoring access to your systems and networks (particularly through our Internet Banking Solutions for Businesses) for administrators and users. This involves limiting the number of users, providing training for administrators and users, implementing internal control measures and regularly updating your computer systems and other security software.

Your administrators and users are granted extensive rights allowing them to change settings, run your IT systems and use our Internet Banking Solutions for Businesses.

Malicious third parties are likely to target your administrators and users through various means aimed at gaining access to their accounts and infiltrating your IT systems, including our Internet Banking Solutions for Businesses.

 

Information Modification and Reliability

The Bank has taken appropriate measures to make sure the information provided on its transactional websites is accurate and up to date at the time of publication. However, it cannot guarantee the accuracy and validity of this information and reserves the right to change it without notice.

 

Services Offered

Our services are available only where they can be legally offered.

 

Liability of National Bank of Canada

The Bank is in no way liable for any loss, prejudice, delay or inconvenience resulting from (i) the use of our services via electronic channels or the use of services provided by a third party to which you have provided information in accordance with its directives; (ii) your disclosure of information via electronic channels; (iii) a technical issue, in particular caused by a cyber-attack; (iv) your inability to access and use our services via electronic channels; (v) a virus or other malware received by accessing our websites, services, applications, and tools or any website, service, application or tool associated with our websites, services, applications, and tools; or (vi) service interruptions beyond our control.

 

Security

The Bank offers no warranty, either expressed or implied, concerning its services, software, tools or applications, network connections, the actions of third parties, or any electronic access device that you control, and disclaims any warranty of merchantability, fitness for a particular use or immunity against cyber threats or any other harm targeting its systems and sites.

 

Trademarks

This site contains names, logos, images and words that may be trademarks or trade names. These names, logos, designs or words may belong to the Bank or its subsidiaries or other entities and be licensed for use by the Bank or its subsidiaries in Canada or another country.

® designates a registered trademark. ™ designates a trademark, whether registered or not. Other symbols, such as a cross (†) or an asterisk (*) may also be used to designate trademarks, whether registered or not.

Unauthorized reproduction or use of the trademarks or material contained on this website may constitute an infraction under the law and may result in legal proceedings against the offender.

 

Hyperlinks

The fact that this website offers links to other websites on the Internet does not imply that the Bank endorses or approves these websites or the products/services or publications that may appear on such websites.

 

Terms

You are responsible for reviewing our terms and conditions when you sign up for a service, and when such terms and conditions are amended. Use of our services constitutes your acceptance of these terms. Please read them carefully.

 

Use of Information

The information contained on the sites is not intended to replace a consultation of a legal, accounting, fiscal or other nature and under no circumstances is it to be used for such purpose.

 

Credit references

Below are the terms and conditions for accessing, ordering and using the investigative services available via the internet.

Equifax grants you access to its investigative services in order to conduct searches and obtain printed copies of the results of such searches for use in the normal course of your business activities. The Services are provided to you online for a fee.

The services obtained from Equifax are intended for your internal use only. You may use the investigative services as a factor in your business decisions, but they must not be the sole criteria used.

You acknowledge that Equifax has dedicated considerable time and effort to compiling, selecting and arranging its investigative services, and that they constitute a valuable asset for Equifax. Therefore, you shall not sell, transfer, assign, publish, distribute, disseminate or allow any third party to access the investigative services, or convey such services or any part thereof to any third party.

The investigative services are protected by the copyright and/or other property rights of Equifax, and you agree to protect Equifax’s copyright and/or other property rights over the investigative services. You shall comply with any reasonable request from Equifax to protect its rights over the investigative services and shall not reproduce or copy the investigative services except as provided in these terms and conditions.

Equifax shall not be held liable for any inaccuracies, errors or omissions with respect to the information provided through its services or contained in the investigative services or their delivery, regardless of the source or cause of any such errors or omissions.

Equifax warrants that it has the right to grant you access to the investigative services, perform the searches and print a copy of such searches. Except as expressly stated in this section, no warranties, conditions or representations, whether express or implied, apply to the services, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Equifax shall not be liable for any loss or injury arising from the performance of the services, whether caused by or attributable to any negligent act or omission, the preparation and delivery of the investigative services, or the performance of any related function. Notwithstanding the above, the total aggregate liability of Equifax under these terms and conditions is limited to and shall not exceed one hundred dollars ($100). In no event shall Equifax be held liable for any indirect, incidental or consequential damages arising out of the delivery or performance of the services, or failure thereof, even if Equifax has been advised of the possibility of such damages. Without limiting the generality of the foregoing, Equifax does not warrant that the services will be performed without interruption or error or will meet your requirements. To this effect, you are solely responsible for preparing all searches, and for the results obtained.

These terms and conditions and the performance of these services shall be governed by the laws of the Province of Ontario and of Canada.

 

Guaranteed Investment Certificates (GIC)

Any Guaranteed Investment Certificate ("GIC") requested through Internet Banking Solutions for Business is governed by the following terms and conditions:

At maturity, the amount in principal and interest of the GIC is deposited in the account you designated in the GIC application.

If a GIC is automatically renewable, unless you have notified us otherwise, it will be renewed at maturity for the same term at the interest rate in effect at the time of renewal in accordance with your instructions, either:

> For the same amount including accrued unpaid interest.

or

> For the same amount excluding accrued interest. Accrued interest will be payable at the time of renewal, i.e., on the GIC’s maturity date.

For a GIC with simple interest, the applicable interest rate indicated on the site when the GIC was issued will be payable at maturity or according to the frequency of interest payments for the GIC in question.

For a GIC with compound interest, the interest will be compounded annually on the anniversary date and will be payable at maturity. The GIC stops bearing interest starting on its maturity date.

The GIC can only be transferred by the depositor in person at a National Bank branch. No transfers can be made during the 15 days immediately preceding the maturity date of the investment.

When transferring a GIC, you must agree with the new depositor on how to split the interest, as the interest on the GIC will be paid to the new depositor.

Only deposits held in Canadian dollars for a five-year term or less and payable in Canada are insurable under the terms of the Canada Deposit Insurance Corporation Act (CDIC Act).

 

Qualification Declaration Under the Derivatives Act (Quebec)

In connection with the Derivatives Act (Quebec), the purpose of this declaration is to confirm the agreement between National Bank of Canada (the “Bank”) and yourself (the “Counterparty”) on the following points:

    1. The Bank represents that it is an “accredited counterparty” within the meaning of the definition of that term in the Derivatives Act (Quebec) and associated regulations (the “Derivatives Legislation”).

    2. The Counterparty represents that it is an “accredited counterparty” within the meaning of the Derivatives Legislation, because the Counterparty is seeking to hedge (within the meaning of the term “hedging” as defined below) its exposure to one or more risks to which it is exposed because of its activities.

    3. The representations made by the parties are deemed to be repeated by the Bank and the Counterparty immediately prior to each transaction or series of transactions entered into between the parties.

    4. In the event that either party ceases to be, or reasonably believes that it may cease to be, in a position to make the representations made in paragraphs 1 or 2 (as applicable), it shall so advise the other as soon as possible and in any event before any further transaction or series of transactions is entered into between the parties.

    5. In the case where an International Swaps and Derivatives Association (ISDA) master agreement (the "ISDA agreement") has been signed, the representations made are deemed to be representations for the purposes of the ISDA agreement entered into between the parties and to be an amendment to said agreement.

 

Definition of the Term “Hedging”

For the purposes of the Derivatives Act (Quebec), the term "hedging" means the entering into by the Counterparty of a derivatives transaction or series of derivatives transactions (the "Covered Transactions"), and the maintaining of the position or positions resulting from the Covered Transactions if:

    (1) the intended effect of each Covered Transaction is:

    a) to offset or reduce the risk related to fluctuations in the value of an underlying interest or a position, or of a group of underlying interests or positions; or

    b) to substitute a risk to one currency for a risk to another currency, provided that the aggregate amount of currency risk to which the hedger is exposed is not increased by the substitution;

and

    (2) the Covered Transaction results in a high degree of negative correlation between the changes in the value of the underlying interest or position, or group of underlying interests or positions, being hedged and changes in the value of the derivatives with which the value of the underlying interests or positions is hedged;

and

    (3) there are reasonable grounds to believe that the Covered Transaction no more than offsets the effect of the price changes in the underlying interest or position, or group of underlying interests or positions, being hedged.

 

Alerts Sent by the Services

Our services allow you to activate alerts according to your needs. The purpose of these alerts is to inform clients of particular situations as they occur, such as the rejection of a transaction made through a site. The information sent through these banking alerts will never be confidential in nature.

You must make sure that your alerts are sent to an up-to-date destination, which must be able to receive them at all times. The Bank takes all reasonable measures to ensure a continued alert service.

Note that National Bank will never send an email or a text message asking you to update your banking information or access its site. It also will never call you to ask for your login information or to request that you log in to the site. If you should receive any such calls or messages, please report them immediately by calling 1-844-394-4494.

 

© NATIONAL BANK OF CANADA.

Users are authorized to reproduce the contents of this website, in whole or in part, for their personal use only. It is strictly prohibited to copy, reproduce, publish or distribute, in whole or in part, the contents of this website in any form whatsoever for any other purpose without obtaining prior written authorization from National Bank of Canada and its subsidiaries.

In the event of any unauthorized reproduction or use, whether in whole or in part, National Bank of Canada and its subsidiaries shall be entitled to any recourse appropriate under the circumstances.

Please direct any request for information or for authorization with respect to copyrights to:

National Bank of Canada

600 De La Gauchetière West

10th Floor

Montreal, QC

Canada  H3B 4L2