Common use of Debit Arrangements Clause in Contracts

Debit Arrangements. 2.1 By making a DDR you authorise the Lender to arrange for funds to be transferred from your Nominated Account in accordance with this Direct Debit Service Agreement, and you also authorise the financial institution where your account is held (Financial Institution) to debit your Nominated Account accordingly. 2.2 The DDR must be in writing signed by you unless otherwise agreed by the Lender. The Lender may not agree to act on a telephone, facsimile, email or other instruction for any reason, including if the Lender believes or suspects that the instruction is fraudulent, mistaken or unauthorised. 2.3 You agree that if the Lender accepts an instruction by telephone, facsimile, email or other means the Lender approves from time to time, the risk of an unauthorised transaction or a fraud lies with you and you will not make any claim on the Lender, and will indemnify the Lender against any claim on the Lender made by anyone else, as a result of or in connection with the Lender acting on such an instruction. 2.4 Direct debits will not commence until the Lender has processed your direct debit application. 2.5 All direct debits made on your behalf in accordance with a DDR are deemed payments by you. 2.6 If the date you have nominated for payment falls on a day that is not a Business Day, the Lender may direct the Financial Institution to debit your account on the following Business Day. If you are unsure about which day your account has been or will be debited please check with the Financial Institution. 2.7 Nothing in this Direct Debit Service Agreement affects or overrides the terms of the Agreement. If the result of a debit payment being returned is that you do not make a payment due under the Agreement on time then an Event of Default will occur for the purpose of that Agreement and default interest may accrue on the unpaid amount. 2.8 If there are insufficient cleared funds available in your Nominated Account to meet any debit payment: (a) you or your Nominated Account may be charged a fee and/or interest by the Financial Institution; (b) the Lender may charge a fee to reimburse itself for costs or charges it has incurred as a result of the failed transaction; (c) if there has been a Margining Event or you are in default in your payments, you must arrange for the payment to be made by another method or arrange for sufficient cleared funds to be in your Nominated Account within 3 days or such other period as the Lender specifies so that the Lender can make a further drawing on your Nominated Account; and (d) the Lender may attempt a redraw on your Nominated Account.

Appears in 6 contracts

Samples: Margin Loan Revised Terms and Conditions, Margin Loan Revised Terms and Conditions, Margin Loan Revised Terms and Conditions

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Debit Arrangements. 2.1 By making a DDR you authorise the Lender to arrange for funds to be transferred from your Nominated Account in accordance with this Direct Debit Service Agreement, and you also authorise the financial institution where your account is held (Financial Institution) to debit your Nominated Account accordingly. 2.2 The DDR must be in writing signed by you unless otherwise agreed by the Lender. The Lender may not agree to act on a telephone, facsimile, email or other instruction for any reason, including if the Lender believes or suspects that the instruction is fraudulent, mistaken or unauthorised. 2.3 You agree that if the Lender accepts an instruction by telephone, facsimile, email or other means the Lender approves from time to time, the risk of an unauthorised transaction or a fraud lies with you and you will not make any claim on the Lender, and will indemnify the Lender against any claim on the Lender made by anyone else, as a result of or in connection with the Lender acting on such an instruction. 2.4 2.3 Direct debits will not commence until the Lender has processed your direct debit application. 2.5 2.4 All direct debits made on your behalf in accordance with a DDR are deemed payments by you. 2.6 2.5 If the date you have nominated for payment falls on a day that is not a Business Day, the Lender may direct the Financial Institution to debit your account on the following Business Day. If you are unsure about which day your account has been or will be debited please check with the Financial Institution. 2.7 2.6 Nothing in this Direct Debit Service Agreement affects or overrides the terms of the Agreement. If the result of a debit payment being returned is that you do not make a payment due under the Agreement on time then an Event of Default will occur for the purpose of that Agreement and default interest may accrue on the unpaid amount. 2.8 2.7 If there are insufficient cleared funds available in your Nominated Account to meet any debit payment: (a) you or your Nominated Account may be charged a fee and/or interest by the Financial Institution; (b) the Lender may charge a fee to reimburse itself for costs or charges it has incurred as a result of the failed transaction; (c) if there has been a Margining Event or you are in default in your payments, you must arrange for the payment to be made by another method or arrange for sufficient cleared funds to be in your Nominated Account within 3 days or such other period as the Lender specifies so that the Lender can make a further drawing on your Nominated Account; and (d) the Lender may attempt a redraw on your Nominated Account.

Appears in 1 contract

Samples: Direct Debit Service Agreement

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