Terms and Conditions for Direct Banking
1. THE ACCOUNTS ON WHICH YOU MAY USE THE SERVICES
1.1 By agreeing to be bound by the terms of this agreement, you agree that the Service will be available on all eligible accounts with us, whether open now or opened in the future, including any joint accounts you hold with others. The Service cannot be used on some types of accounts and we will advise you from time to time as to which accounts are eligible.
1.2 In order to use the Service, you must be registered by us to use the Service.
2. FOLLOWING OUR USER GUIDANCE
2.1 User Guidance on the operation of the Service will be made available to you. User Guidance will cover (among other things) the times when the Service is available, how to access and operate the Service, what things you can and cannot do with the Service, and the time it usually takes to carry out particular types of transactions. You must follow all relevant User Guidance whenever you access and operate the Service.
2.2 We may inform you from time to time about changes to the way you should access or operate the Service. You must observe all such changes when accessing or operating the Service.
3. YOUR RESPONSIBILITIES FOR SECURITY
3.1 To ensure that you alone are able to access and give instructions on your accounts using the Service, you must adopt and at all times maintain the following security procedures.
3.2 To enable you to use the Service, we will give you a user identification code and initial password(s) and you may then choose your own password(s) for the Service. For certain online services and transactions, we may also require you to obtain and use an Additional Logon Pin (ALP) for additional security verification purposes. These are all your Security Codes used to identify you whenever you access and transact using the Service. If you are agreeing to the terms of this agreement jointly with others, we will give each of you a unique identification code, initial password(s) which each of you may choose individually and an ALP.
Safeguarding your Password and Security Codes
3.3 In connection with your Security Codes:
3.3.1 you should change your Passwords regularly and may do so if or when the Service requires you to do so. You should not choose a Password you have used before;
3.3.2 whenever you choose a Password, you must take care not to choose a number that is likely to be guessed by anyone trying to access the Service pretending to be you. For example, you should avoid your own or a relative's birthday, or any part of your telephone number;
3.3.3 you must take all reasonable steps to ensure that you safeguard your Security Codes at all times, whenever possible. You must not disclose any details of your Passwords to anyone else, including to someone who is a joint account holder with you, or to a member of our staff, or to someone giving assistance on a technical helpdesk in connection with the Service;
3.3.4 you must not record your Security Codes in a way that could make them recognizable by someone else as Security Codes;
3.3.5 if you discover or suspect that a Password or any part of it is known to someone else, you must immediately change the Password yourself through the Service. If this is not possible, you must notify us immediately by telephoning us on any number we may let you have from time to time for this purpose. We will suspend use of the Service until new Security Codes have been set up.
3.3.6 in the case of an Additional Logon PIN (ALP) to be obtained from us, you must immediately notify us on the loss or change of your mobile phone number registered with us. Clauses 3.3.3 and 3.3.4 above shall, with the necessary modifications, apply to the ALP, and you must notify us immediately if you discover or suspect that the ALP is obtained by or known to someone else. If you are using the Service, you should immediately terminate that online session to deactivate the ALP already obtained for that session.
Checking your statements
3.4 If you become aware of any transaction on any of your accounts that has not been validly authorized by you, you must notify us immediately by telephoning us on any number we may let you have from time to time for this purpose. For this purpose, you are reminded that you must, as is required of you for all your accounts, check all bank Statements for any unauthorized transactions.
Other security safeguards
3.5 You must not allow anyone else to operate the Service on your behalf.
3.6 You must not leave Your System unattended while you are on-line to the Service. This applies whether Your System is a device you have sourced independently of us or a device provided by us to access the Service in one of our branches. However, the public nature of our branches makes it particularly important that if you access the Service from a device in one of our branches you do not leave that device unattended while on-line and you ensure that you have gone off-line before leaving the branch.
3.7 You must not access the Service from any device connected to a local area network (or LAN), such as an office environment, without first making sure that no one else is able to observe or copy your access or obtain access to the Service pretending to be you.
3.8 You must comply with any other requirements designed to protect the security of your use of the Service which are set out in the User Guidance or notified by us to you in any other way.
Responsibility for loss of Security Codes/token(s)
3.9 In relation to any Security Codes and/or token(s) (where applicable) sent to you by ordinary post or by any other means, you agree to be responsible for and accept all risks associated with the delivery by the us to you of the Security Codes and/or token(s), from the time the foregoing leaves our physical custody or when we transfers control of the same to you (as applicable) or when we send the ALP to your mobile number based on our records or via the token and you shall be responsible for the continuing safekeeping of the same thereafter.
3.10 Any individual, (whether with or without your permission) who uses such Security Codes and/or token(s) shall be deemed to have be authorized by you unless otherwise notified by you to us. Unless otherwise notified to us by you, you agree not to hold us responsible in any way for losses you may suffer from non-receipt of Security Codes and/or token(s) or the disclosure to any party.
4. IF YOU HOLD ANY JOINT ACCOUNTS
4.1 In connection with any account which you hold jointly (provided that this may be operated on a single signing authority basis) with others, you agree that:
4.1.1 your joint account holders may operate the account using the Service on the terms set out in this agreement. This applies even if you are not yourself registered to use the Service (in accordance with section 1.2); and
4.1.2 any single party to a joint account may validly give instructions via the Service in connection with that joint account.
4.2 The provisions of section 5.1 above override any other existing arrangements in connection with your authority to operate joint accounts.
4.3 In connection with any account which you hold jointly with others and requires two or more authorised signatories to be operated, you and the joint signatories will only be able to utilise such part of the Service which allows you to obtain information about the account, including but not limited to the balance of the account.
5. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE
5.1 We will take reasonably practicable steps to ensure that our systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to us from time to time.
5.2 We will not be liable for any loss or damage to you as a result of making the Service available to you, including any direct, indirect, consequential or special loss, even if we have been advised of the same. Examples of circumstances in which we will NOT be liable to you for loss or damage resulting to you through the use of the Service include (but are not limited to):
5.2.1 acting on an instruction which has been validly authenticated as coming from you but which in fact was given by somebody else (but please see sections 4.4 and 4.5 which explain the exceptions to this rule); and
5.2.2 any incompatibility between Your System and the Service; and
5.2.3 any machine, system or communications breakdown, interruption, malfunction or failure (except where such failure should have been prevented by the risks control and arrangement measures had we adopted such measures in accordance with section 5.1), industrial dispute, failure or fault of any Internet service providers, telecommunications or SMS service providers or operators, or their respective agents and subcontractors or other circumstances beyond our control that leads either to the Service being totally or partially unavailable or delayed, or to the non-receipt, interception of or unauthorized access to or use of the Security Codes or to instructions given via the Service not being received, authenticated, accurate, correct or acted upon promptly or at all; and
5.2.4 you relying on or using any financial or product information provided as part, or by means, of the Service, or you using or purchasing any service or product by virtue of such reliance or use of the Service; and
5.2.5 any misuse of Your System or the Service by you or anyone else; and
5.2.6 any access to information about your accounts which is obtained by a third party as a result of your using the Service (except where that access is obtained as a result of our negligence or our willful default); and
5.2.7 any delay or failure to send, transmit, receive, confirm or acknowledge any email, SMS messages, Security Codes or anything available under the Service, or any error, inaccuracy or incompleteness of any information or data available under the Service.
5.3 In the event that we are liable for any loss or damage to you as a result of your use of the Service, we shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by our gross negligence or willful default.
Please note that the Service has no facility for you to let us know that it is especially important to you that a transaction is carried out by a particular time. If you need to be completely certain that an instruction has reached us and that it will be carried out by a particular time, you must speak to our staff on office number.
5.4 You shall indemnify us, our employees and our nominees or agents promptly and on a full indemnity basis from or against all actions, omissions, negligence, proceedings, claims, demands, damages, losses (including direct, indirect or consequential losses), costs and expenses including all duties, taxes, or other levies and legal costs as between solicitor and client (on a full indemnity basis) and other liabilities which we may incur or suffer from or by reason of your use of the Service.
6. ABOUT OUR CHARGES
6.1 We are entitled:
6.1.1 to charge you fees and charges for the Service; and
6.1.2 to change those fees and charges from time to time by giving you at least 30 days notice. If we give you such a notice, you will not have to pay any proposed increase so long as you cancel your use of the Service during the 30 day notice period. However, your continued use of the Service after the 30 day notice period shall be conclusively deemed to be your acceptance of such changed fees and charges.
6.2 To avoid any doubt, please note that the references to fees and charges in section 6.1 only apply to our charges for providing the Service. They do not apply to any charges for particular banking or other services we might provide in response to your requests via the Service. We will be happy to provide you with details of our charges for particular banking or other services on request.
7. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT
7.1 We have the right to change the terms of this agreement at any time by giving you notice either in writing, by placing prominent notices at our offices or branches or by sending you a message via the Service. Your own rights to use the Service will not be affected by the change until you have actually received the notice.
7.2 We will give you 30 days notice of any change before it takes effect, except when notice has to be shorter in order to protect the security of the Service or in other circumstances beyond our control. Once you have received notice of any change in the terms of this agreement, we will treat your subsequent use of the Service as your acceptance of the change (but please remember, you have the right to end your use of the Service at any time).
8. THE VALIDITY OF THE TERMS OF THIS AGREEMENT
8.1 If anyone or part of the terms of this agreement proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms.
8.2 We believe the terms of this agreement are fair. If any one or part of them proves to be not legally valid because it is unfair or for any other reason, we are entitled to treat that term as changed in a way that makes it fair and valid.
8.3 If one of the terms of this agreement is unenforceable against one of the customers signing this agreement, this will not in any way affect the enforceability of that term against the other signatories.
8.4 If we relax any of the terms of this agreement once, this may be on a temporary basis or as a special case only. Such relaxation will not affect our right to enforce that term strictly at any other time.
9. COMMUNICATIONS BETWEEN US
9.1 Except for situations where this agreement refers to your giving us notice by telephone, you should give us any other formal notice in connection with the Service in writing (in hard copy form) to any of our branches where you maintain an account (or any other address we may notify to you from time to time for this purpose).
9.2 Any complaints in connection with the Service should be directed to: any of our branches where you maintain an account (or any other address we may notify to you from time to time for this purpose).
9.3 Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us:
9.3.1 notices in connection with the terms of this agreement; or
9.3.2 sensitive communications, such as payment instructions (payment instructions should be sent through the Service in accordance with the User Guidance or in accordance with the terms of the relevant account which you hold with us).
9.4 If we need to send you a notice, we will use the address you have given us most recently in connection with your bank accounts.
9.5 For purposes of certain Passwords like the Additional Login Pin, we will for security reasons transmit them through a stipulated communication or electronic device designated in advance to the address or number reflected on our records as the most recently registered address or number (including your registered mobile phone number), or where such communication or electronic device is unavailable, in such manner and through such other medium as we may otherwise stipulate.
