BILLS COLLECT
ENROLLMENT TERMS AND CONDITIONS
1. BILLS PAYMENT FACILITY
1.1 Under EastWest Bank’s (“Bank”) Bills Payment Facility (“Bills Collect” or “Bills
Payment”), [1] the Client’s customers may pay their utility and service bills through
the various facilities of the Bank; and [2] payments received through any of the
Bank’s Bills Payment Facility are credited to the Client’s Deposit Account with the
Bank.
1.2 Bills Payment Facility Channels. Client’s customers (“Customers”) may pay
their utility and service bills or accounts through any of the following channels:
1.2.1 Automated Teller Machine (ATM) – a payment scheme where customers,
who are at the same time Bank CASA accountholders, may pay their utility and
service bills by accessing the Bank’s Automated Teller Machines (ATM).
1.2.2 Internet Banking – an automated payment scheme where Client’s customers
may pay their utility and service bills by accessing the Bank’s electronic payment
channels.
1.2.3 Over-the-Counter Payments (OTC) — OTC payments may be made at and
accepted by any store of the Bank (“Accepting Store”) by presenting an
accomplished Bills Payment form of the Bank and a copy of the billing statement
issued to the Client.
1.3 Upon execution of this Agreement, the Client shall accomplish and submit the
Customer Set-Up Form and which the Bank will use and rely upon to process the
enrollment of the Client to Bills Collect.
2. DEPOSIT ACCOUNT
2.1 Upon execution of this Agreement, the Client shall open and maintain a
deposit account or nominate an existing account (the “Deposit Account”) with the
Bank store (“Store of Account”), which shall be indicated at the Client Information
portion below, and where the payments received by the Bank from the customers
through the Bills Payment Facility will be credited. The opening, operation and
maintenance of the Deposit Account shall be subject to the terms and conditions
of this Agreement and the rules, regulations and documentary requirements
covering the Deposit Account.
2.2 Authority. The Client shall submit to the Bank a duly notarized Secretary’s
Certificate certifying the resolution of the Board of Directors (a) authorizing the
opening and maintenance of the Deposit Account and the availment of the Bills
Payment facility and the Internet Banking facility (as applicable) with EastWest
Bank, (b) designating the Client’s authorized signatories and representatives for
the Bills Payment Facility and the Deposit Account, and (c) showing the specimen
signatures of the Client’s authorized signatories. Should there be any change in
the composition of the Board of Directors of the Client or the authorities of the
designated signatories or Bills Payment users, the Bank shall be notified thereof
and the Client undertakes to submit the necessary amendment to the Board
Resolution or its equivalent as is necessary to facilitate the Client’s transactions
with the Bank.
3. ACCEPTANCE AND CREDITING OF PAYMENTS
3.1 Bills payments received by the Bank after its defined cut-off time for the day
shall be included in the following banking day’s transactions. Bills payments
received on Saturdays, Sundays or other non-working holidays shall be
transmitted, together with all transactions processed, on the following banking
day.
3.2 For any discrepancy between the amount paid by the customer and the billing
statement, as well as any other complaint, problem, or inquiry regarding the Bills
Payment facility provided by the Client, including those arising from the Client’s
billing statement, the Bank shall direct the customer to the Client who shall
directly handle and resolve the same.
3.3 All bills payments received by the Accepting Store shall be credited to the
Deposit Account, subject to the terms of this agreement.
3.4 Only cleared balance may be withdrawn from the Deposit Account. Any check
credited to the Deposit Account shall be provisional and subject to final collection
until such time that the check has been cleared and the proceeds thereof shall
have been actually received by the Bank. The Bank reserves the right to
automatically debit the Deposit Account for any check previously or provisionally
credited but was subsequently returned or dishonored due to insufficiency of
funds, account closed, stop payment order, forgery of the drawer’s signature, or
any other reason, regardless of the time that has elapsed, within three (3) banking
days from notice of the return or dishonor of the check.
4. REPORTS
A consolidated report of all bills payments received from Client’s customers
through the various payment channels shall be made available to the client
through any of the available modes of transmission at the option of the client. The
consolidated report allows Client to check whether the bills payments are correctly
credited to its Deposit Account.
5. ADB: SERVICE AND OTHER FEES
5.1 Deposit Account Required Maintaining Balance. The Client agrees to maintain
the Minimum Maintaining Balance as required by the deposit account opened by
the Client under par. 2.1.; otherwise, the Bank shall charge the Client with the
applicable fee for each month that the Client fails to do so.
5.2 Cash Management Service Required Maintaining Balance; Service and Other
Fees. In addition, the Client agrees that in order to avail of the Bills Payment
facility provided under this Agreement, it shall maintain an agreed upon monthly
Bills Payment ADB in its nominated Deposit Account, or pay a monthly
subscription fee, whichever is applicable.
a. The Client further agrees that should it fail to maintain the required Bills
Payment ADB for its nominated Deposit Account, the Bank shall charge the Client
with an applicable minimum service fee or the amount of actual service charges
computed, based on the formula under 5.2.b, whichever is higher. This shall be
over and above the fees under par. no. 5.1.
b. The actual service charge shall be computed as follows:
Service Fee = (Required ADB – Current ADB) x Current Transfer Pool Rate / 12 x
Number of Months
Where: Current Transfer Pool Rate is the weighted average cost of funds as
determined by the Bank’s Treasury. (Refer to sample computation for service fees
provided on the next page.)
c. The Client authorizes the Bank to debit said service fees under 5.2.a,,
subscription fees and all other applicable fees, from its nominated Deposit
Account on the date that it is due and payable, without need of notice to the
Client.
d. Should the Client fail to meet and maintain the required monthly Bills Payment
ADB for six (6) consecutive months, the Bank, with thirty (30) calendar days prior
written notice to Client, may stop or suspend provision of the services under this
Agreement or terminate this Agreement altogether, notwithstanding the collection
and payment of service fees or charges. For this purpose, the Client expressly and
unconditionally authorizes the Bank to automatically debit from the Client's
Deposit Account the amount representing the fees due, including but not limited
to withholding taxes and/or other applicable charges, as provided for under 5.2.c.
e. The ADB of the Client’s related accounts shall be considered in computing the
service fees, if any, which the Bank shall charge the Client. The Peso Savings or
Demand Deposit Account is considered as a related account of the Client if it falls
under any of the following criteria:
• same account or same client name
• same account owner for sole proprietorship
• same signatories for partnerships
• same signatories or majority owners for corporation
• husband or wife account owner for personal account (either single or
joint account)
f. In case the client decides to be a BancNet biller, the Client, likewise, agrees to
be subject to the applicable terms and conditions set forth by BancNet for its biller
accreditation, including applicable fees for such accreditation.
5.3 Bills payment transactions transmitted to the Client beyond the prescribed
period for reasons of force majeure or any event that is beyond the reasonable
control of the Bank will be considered and included in the current monthly service
fees due to the Bank.
5.4 Cash Management’s required monthly Bills Payment ADB, transaction fee,
subscription fee and other service fees, is subject to review and re-negotiation
every year.
6. ONSITE TRAINING SUPPORT FEE
The Client agrees that the Bank will charge a support fee of Php__________
for every onsite training support activities to be conducted by the Bank.
7. RESPONSIBILITIES OF THE CLIENT
7.1 The Client shall hold the Bank free and harmless from any and all liabilities,
claims, damages, suits of whatever nature arising from or in connection with this
Agreement and with the use of the Bills Payment Facility channels by the Client’s
customers and the Client, including but not limited to those arising from fortuitous
event, force majeure, technical or mechanical reasons including computer and/or
systems breakdown or disruption of communication or electrical facilities or
equipment shutdown for repair and maintenance and the occurrence of off-line
conditions, and/or errors except those attributed to the gross negligence of the
Bank.
Client Authorized Signatory #1
(Signature over Printed Name) _______________
Client Authorized Signatory #2
(Signature over Printed Name) _______________
Client Authorized Signatory #3
(Signature over Printed Name) _______________
CONFIDENTIAL
7.2 In accepting bills payments, the Bank merely acts as the conduit between the
customer and the Client and shall not be liable for any claim, action or dispute
which may arise between the customer and the Client. In the event damages are
claimed against the Bank, and the Bank decides to settle the claims, regardless of
whether judicial action was initiated or not, the Client shall reimburse, upon
demand, the Bank for any such amount paid in settlement of the claims. The
negotiation and settlement of the claims must, however, be subject to the
participation and prior consent of the Client, which consent shall not be
unreasonably withheld.
7.3 The Client shall exert its best efforts to inform and encourage its customers to
pay their utility and service bills to the Client through the Bills Payment Facility of
the Bank, in accordance with this Agreement. If the Client wishes to promote the
Bills Payment Facility, this shall be at the Client’s own cost and all advertising and
promotional materials involving the Bank must be submitted to the Bank for
approval prior to implementation. All advertising and promotions programs which
will carry the name or mark of the Bank and/or which will entail certain work or
functions from the Bank should be cleared with the Bank.
7.4 The Client warrants to the Bank that: (1) it has taken all necessary corporate
actions to make this Agreement valid and enforceable, and (2) all approvals and
authorizations required to permit the execution, delivery, or performance of this
Agreement have been obtained and are in full force and effect.
8. RESPONSIBILITIES OF THE BANK
8.1 The Bank shall provide assistance to the Client regarding inquiries or
investigations concerning Client’s customer complaints on bills payments made
through the Bills Payment Facility. The Client shall refer customer complaints to
the Bank within seven (7) banking days from date of complaint.
8.2 The Accepting Store shall keep all records of all bills payment transactions it
accepted and processed for a period of six (6) months from date of transaction.
After which, said records shall be disposed based on the Bank’s existing guidelines
on records retention and disposal.
9. CONFIDENTIALITY
All information secured or obtained by the parties in the performance of their
obligations under this Agreement shall remain confidential. The parties shall keep
at all times the secrecy and confidentiality of such information. Any information or
data obtained by the parties, their respective officers, employees, agents or
representatives, in the performance of their respective duties and obligations
under this Agreement, shall be considered confidential and shall not be made
known to anyone, without written authority from the party owning such
information, for the duration of this Agreement and even thereafter.
of the terms and conditions of this Agreement, the non-breaching party may
immediately terminate this Agreement upon written notice to the breaching party.
11.2 The termination of this Agreement shall be in addition to, and not in lieu of,
other rights and remedies under the law. All obligations incurred or existing as of
the date of termination of this Agreement will survive such termination. The Client
shall be responsible for informing its Customers of the termination of this
Agreement.
12. GENERAL PROVISIONS
12.1 The Client’s Deposit Account shall be subject to the terms and conditions
governing each deposit account, the Bank’s policies, rules and regulations, and
applicable banking laws, rules and regulations.
12.2 Severability. Should any provision contained herein or any document executed
in connection herewith be declared invalid, illegal or unenforceable, the remaining
provisions of this Agreement shall not in any way be affected or impaired.
12.3 Waiver. No waiver of any provision hereunder and no consent by either party
to any departure there from shall be effective unless the same is in writing and
such waiver or consent shall be effective only in the specific instance and for the
purpose for which it has been given.
12.4 Amendment. This Agreement supersedes all prior agreements, oral or written
between the parties and is intended as a complete and exclusive statement of the
Agreement between the parties. No amendment, revision or modification of this
Agreement shall be valid and effective unless the same is in writing and mutually
agreed to and signed by the parties hereto.
12.5 Assignment. This Agreement inures to the benefit of, and is binding upon, the
successors and assigns of the parties hereto. Neither party may assign this
Agreement or the obligations to be performed hereunder to any person or entity
without the prior written consent of the other.
12.6 Notices. All notices permitted or required under this Agreement shall be in
writing and shall be sent by personal delivery, registered mail, or facsimile
(followed by the hard copy) at the address set forth at the beginning of this
Agreement, unless notification in writing of change of address is received by the
other party.
12.7 Effects of Rules. All present and future laws, rules and regulations pertinent
to this Agreement, and other documents executed pursuant thereto, are deemed
incorporated into this Agreement by reference and are to be strictly complied with
by the parties.

10. LIABILITY 12.8 Venue. All actions arising from or connected with this Agreement shall be
10.1 The Bank’s obligations under this Agreement shall be limited to the provision settled at the proper courts of Taguig City, all other venues being expressly
of the Bills Payment Facility. All inquiries and complaints arising from or related to waived.
the amounts debited from Client customer’s account shall be coursed through,
handled and resolved directly and solely by the Client. The Client assumes full and
absolute responsibility for the amounts debited and credited and shall hold the
Bank, its stockholders, directors, officers, employees, and assignees free and Client Authorized Signatory #1
harmless from any and all claims of the Client’s customers arising from or related (Signature over Printed Name) _______________
to this Bills Payment Facility availed of by the Client.
Client Authorized Signatory #2
10.2 In case the Bank, through the Bills Payment Facility, fails to credit the (Signature over Printed Name) _______________
Deposit Account due to (a) computer or systems related errors, failure and/or
breakdown and/or the (b) occurrence of fortuitous events or events which are Client Authorized Signatory #3
beyond the control of men, such as but not limited to typhoons, storms, (Signature over Printed Name) _______________
earthquakes, floods, riots, strikes, civil disturbances and wars, the Client agrees to
allow the Bank to make the necessary adjustments within two (2) banking days
from the date of the transaction except for cases where adjustments can be made
only at a later date.

10.3 The Bank, its stockholders, directors, officers, employees, agents, and
representatives are hereby held free and harmless from any and all liabilities,
claims, damages, suits or causes of action and other expenses arising out of or in
connection with its implementation of this Agreement, unless resulting from the
Bank’s acts of fraud, willful default, gross negligence, or evident bad faith.

10.4 Fax and E-Mail Indemnity. The Bank may be requested and authorized, but is
not obliged, to rely upon and act in accordance with any notice, instructions or
other communication which may be given by the Client by facsimile or by e-mail
(“Fax/E-Mail Instructions”). The Bank is not obliged to inquire or look into the
authority or identity of the person making or purporting to make Fax/E-Mail
Instructions or the conditions pertinent to or circumstances prevailing at the time
of the Fax/E-Mail Instructions. The Bank is entitled to treat Fax/E-Mail
Instructions as fully authorized by and binding upon the Client. The Bank shall be
entitled, but not bound, to perform such acts in reliance upon Fax/E-Mail
Instructions as the Bank may in good faith consider appropriate, whether such
Fax/E-Mail Instructions include orders to pay money or debit or credit any account.
The Client shall hold the Bank free and harmless from any and all losses, claims,
actions, proceedings, demands, damages, costs and expenses incurred or
sustained by the Bank of whatever nature and howsoever arising, out of or in
connection with Fax/E-Mail Instructions, provided that the Bank has acted in good
faith, except where such arise from the willful negligence of the Bank.

11. TERM AND TERMINATION

11.1 This Agreement shall be effective and shall remain in full force and effect for a
period of one (1) year from date of execution and shall be automatically renewed
every year without need of notice from or to either party, unless otherwise
terminated by either party by serving written notice at least thirty (30) calendar
days prior to effective date of termination. In the event, however, of breach of any

CONFIDENTIAL
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement ACCOUNT INFORMATION / FEES & CHARGES
to be duly executed by their respective authorized officers on the date and
at the place written below.
EXISTING CLIENT: YES NO

CLIENT INFORMATION
PRICING DETAILS

Enrollment Date: ADB Required ADB: __ ____________

Account Number: FEE BASED Monthly Subscription Fee: _ ____________

Account Name:
FEE PER
Customer Number: CHANNELS
TRANSACTION
Business/Trade Name
(For Sole Proprietors): OTC _________________

Store of Account: WEB _ ___________

Address: ATM _ ___________

Contact Person:
RELATED ACCOUNT NUMBER/S AND CUSTOMER NUMBER/S
E-mail:

Contact Number:

DISCLOSURE AND SHARING OF INFORMATION

a. Processing of Application
SAMPLE COMPUTATION FOR SERVICE FEE:
I/We consent and authorize the disclosure of personal and sensitive Minimum of P____ or
personal information by the Bank, provided that such disclosure is in Amount of Difference in ADB Requirement x Prevailing TPR Per Month,
whichever is higher
accordance with the provisions of Republic Act No. 10173 or the Data
Ex. Minimum Amount is P300;
Privacy Act of 2012, its Implementing Rules and Regulations, and other
Required ADB (500,000) – Actual ADB (450,000) = 50,000 (Difference)
rules and regulations relating to data privacy. = 50,000 x 6% (TPR) / 12 = 250.00, hence Service Fee should be P300.

b. Account Maintenance and Servicing

Approved by: (For Bank Use Only)
I/We hereby authorize the transfer, disclosure and communication of
EastWest of any information, including personal and sensitive personal
information, relating to my/our account/s with EastWest together with Store Manager’s Signature
all of the documents submitted for this application to any of its offices, Over Printed Name _________________________
branches, subsidiaries, affiliates, agents, representatives and third
parties for application processing, data processing/storage, customer
satisfaction surveys, and for any other purpose as EastWest may deem EastWest is regulated by the Bangko Sentral ng Pilipinas. For inquiries
appropriate, and/or as described in the Bank’s data privacy policy, and or complaints, you may call EastWest's 24-Hour Customer Service at
as may be required by law or regulation. The foregoing constitutes (02) 888-1700 or 1-800-1888-8600 Domestic Toll-Free. Similarly, you may
my/our written consent for any such submission and disclosure of also contact the BSP Financial Consumer Protection Department at (02)
information relating to my/our account/s for the purpose indicated 708-7087.
above and under applicable laws, rules and, regulations.

I/We agree to hold EastWest free and harmless from any liability that
may arise from any transfer, disclosure or storage of information
relating to my/our account/s.

DECLARATION

I/We certify that all the information in this enrollment form is true
and correct.

I/We further certify that I/we have read and understood and
expressly agree to be bound by the Bills Collect Facility Terms and
Conditions as set forth herein.

I/We also acknowledge that I/we have fully read and understood
the Bank’s data privacy policy published in its website:
https://www.eastwestbanker.com/info/ew_privacy.asp

Client Authorized Signatory #1

(Signature over Printed Name)

Client Authorized Signatory #2

(Signature over Printed Name)

Client Authorized Signatory #3

(Signature over Printed Name)

CONFIDENTIAL