Giving us instructions. 3.1 We, your Bank, cannot change or stop an instruction you give using the Service except in the limited circumstances set out in the User Guides. 3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to us 3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an 2.1 Contacting each other 3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you. 3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed to the police and Bacs. 3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you. 3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited. 3.8 We, your Bank and/or Bacs, can refuse to act on any instruction if: 3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides. 3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides. 3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 3 contracts
Samples: Customer Agreement for the Bacstel Ip Service, Customer Agreement for the Bacstel Ip Service, Customer Agreement for the Bacstel Ip Service
Giving us instructions. Who can give us instructions?
3.1 WeWe can accept instructions from you or from anyone appointed to act on your behalf. We must receive satisfactory evidence of their appointment, your Bankfor example a signed instruction from you, cannot change a power of attorney or stop a court order (for example, appointing an instruction you give using the Service except in the limited circumstances set out in the User Guidesexecutor or a liquidator).
3.2 Before we, We have procedures which you must follow where you wish to appoint or remove someone acting on your Bank and/or Bacs can behalf. We will not accept instructions given from any person you appoint until we have satisfactorily completed our checks against that person. If you wish to us using the Service or in remove someone you have appointed to act on your behalf, any other way described in the User Guides instructions we have received from them before we are informed of your intention to remove them will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usremain valid.
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for instructions given by any person who is appointed to act on your behalf. You will be treated as having given those instructions.
3.4 You authorise us to give information about you and your accounts to any person appointed to act on your behalf.
3.5 For security reasons, we may not allow someone who is acting on your behalf to access some of our banking services. We will tell you if this is the case.
3.6 Unless you tell us otherwise, we can accept instructions from any one of you who are joint account holders to:
(a) withdraw money out of the account, up to and including the full available balance;
(b) provide information about the account; or
(c) close any accounts (for example, if the relationship between you ends).
3.7 For security reasons, we may decide not to process an instruction until we have confirmed it with another account holder(s).
3.8 If you wish to appoint or remove someone acting on your behalf, all instructions account holders must sign an instruction appointing or removing them.
3.9 Where you hold a joint account with us, any debt you owe us under the joint account will be owed by you all jointly and severally. This means that are received we can demand repayment of the full amount due from all or any of you, and acted onnot just a proportion, even if the instructions you personally were not aware of the debt.
3.10 You can instruct us by post. In addition, you may be able to use our banking services to give us instructions. Unless we expressly confirm otherwise, we will not accept instructions sent by electronic message such as e-mail or our online banking secure message service. We may also make a debit card available for use with some accounts. If we do, we will tell you this in the additional conditions for that account.
3.11 We will only act on an instruction if we reasonably believe that you have given by or consented to that instruction. You will be treated as having given or consented to the instruction if:
(a) in the case of written instructions, it appears to be signed in accordance with the mandate we hold;
(b) in the case of an instruction given using a banking service or a debit card, the correct Security Information was given when the instruction was given. In addition, our security procedures or any other procedures we or the payee use, such as additional identification checks, must be passed; or
(c) in the case of a debit card used in a contactless transaction, the debit card was held over a reader.
3.12 We will only treat your instruction as having been given once we actually receive it.
3.13 If your instruction is unclear, we may not act on it until we receive the clarification we need.
3.14 If you give us duplicate instructions we can treat them as being intended and can process them both, without checking with you.
3.5 You 3.15 If you give us a future-dated instruction, including a recurring instruction such as a standing order or a direct debit, we will provide treat this as having been given (in each case) on the date we are due to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information process it.
3.16 There may be passed to the police and Bacsa delay in processing your instructions while we carry out fraud or security checks, or ask you for additional information.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, 3.17 We can refuse to act on any instruction ifyour instructions in the following situations:
3.9 If Bacs receive instructions before (a) if your instruction appears to be unclear, or does not appear to have been properly authorised by you;
(b) if we become aware of a dispute between you and other account holders, or any dispute arises as to the relevant cut-off ownership of the money in your account;
(c) if we suspect fraud or criminal activity;
(d) if we suspend your account, or stop the use of your banking services or debit card (see condition 11, Suspending your account, or stopping your use of banking services or cards);
(e) if we reasonably believe that processing the instruction would be unlawful or would cause us to breach any legal obligation, regulation, code or other duty that applies to us;
(f) in the case of a payment instruction, if you do not have sufficient available funds to make the payment, or to pay any charge that is payable;
(g) if you exceed any limit we apply to your account or debit card from time on any working day those instructions to time (such as a cash withdrawal limit); or
(h) in the case of a cheque or bank draft payment into or out of your account, if the cheque or bank draft is more than 6 months old.
3.18 In the case of a payment instruction, we will be processed on that day or on try to contact you and tell you why we have refused your instruction and what you can do to fix this. We will contact you no later than the date specified in on which the payment should have been made to the payee’s bank. We will not tell you why we have refused your instructions. Instructions received after the cut-off time or instruction if we cannot do so for a non-working day will be processed in accordance with the relevant conditions of the User Guideslegal reasons.
3.10 3.19 If Bacs receive instructions before you attempt to make a debit card payment online, the relevant cut-off time on any working day those instructions will be processed on that day or on payee may ask you to verify the date specified in payment using Visa Secure, which is designed to prevent online fraud. If you do not use this service when asked, we may not authorise your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidesdebit card payment.
3.11 You can3.20 We set transaction limits on certain types of payments. This is an additional security and anti-fraud measure. For security reasons we will not challenge the legal effecttell you what our limits are on certain types of transactions, validity such as online banking payments.
3.21 If a standing order or enforceability direct debit payment from your account is refused due to lack of a transaction pursuant funds on more than one occasion and we reasonably believe this problem is going to your instructions solely on the basis continue, we can cancel that it is standing order or direct debit. We will tell you in electronic rather than advance that we are going to do this unless we are unable to contact you, in a written form or which case we will tell you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyas soon as possible afterwards.
Appears in 2 contracts
Samples: Banking Relationship Agreement, Banking Relationship Agreement
Giving us instructions. Who can give us instructions?
3.1 WeWe can accept instructions from you or from anyone appointed to act on your behalf. We must receive satisfactory evidence of their appointment, your Bankfor example a signed instruction from you, cannot change a power of attorney or stop a court order (for example, appointing an instruction you give using the Service except in the limited circumstances set out in the User Guidesexecutor or a liquidator).
3.2 Before we, We have procedures which you must follow where you wish to appoint or remove someone acting on your Bank and/or Bacs can behalf. We will not accept instructions given from any person you appoint until we have satisfactorily completed our checks against that person. If you wish to us using the Service or in remove someone you have appointed to act on your behalf, any other way described in the User Guides instructions we have received from them before we are informed of your intention to remove them will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usremain valid.
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for instructions given by any person who is appointed to act on your behalf. You will be treated as having given those instructions.
3.4 You authorise us to give information about you and your accounts to any person appointed to act on your behalf.
3.5 For security reasons, we may not allow someone who is acting on your behalf to access some of our banking services. We will tell you if this is the case.
3.6 Unless you tell us otherwise, we can accept instructions from any one of you who are joint account holders to:
(a) withdraw money out of the account, up to and including the full available balance;
(b) provide information about the account; or
(c) close any accounts (for example, if the relationship between you ends).
3.7 For security reasons, we may decide not to process an instruction until we have confirmed it with another account holder(s).
3.8 If you wish to appoint or remove someone acting on your behalf, all instructions account holders must sign an instruction appointing or removing them.
3.9 Where you hold a joint account with us, any debt you owe us under the joint account will be owed by you all jointly and severally. This means that are received we can demand repayment of the full amount due from all or any of you, and acted onnot just a proportion, even if the instructions you personally were not aware of the debt.
3.10 You can instruct us by post. In addition, you may be able to use our banking services to give us instructions. Unless we expressly confirm otherwise, we will not accept instructions sent by electronic message such as e-mail or our online banking secure message service. We may also make a debit card available for use with some accounts. If we do, we will tell you this in the additional conditions for that account.
3.11 We will only act on an instruction if we reasonably believe that you have given by or consented to that instruction. You will be treated as having given or consented to the instruction if:
(a) in the case of written instructions, it appears to be signed in accordance with the mandate we hold;
(b) in the case of an instruction given using a banking service or a debit card, the correct Security Information was given when the instruction was given. In addition, our security procedures or any other procedures we or the payee use, such as additional identification checks, must be passed; or
(c) in the case of a debit card used in a contactless transaction, the debit card was held over a reader.
3.12 We will only treat your instruction as having been given once we actually receive it.
3.13 If your instruction is unclear, we may not act on it until we receive the clarification we need.
3.14 If you give us duplicate instructions we can treat them as being intended and can process them both, without checking with you.
3.5 You 3.15 If you give us a future-dated instruction, including a recurring instruction such as a standing order or a direct debit, we will provide treat this as having been given (in each case) on the date we are due to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information process it.
3.16 There may be passed to the police and Bacsa delay in processing your instructions while we carry out fraud or security checks, or ask you for additional information.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, 3.17 We can refuse to act on any instruction ifyour instructions in the following situations:
3.9 If Bacs receive instructions before (a) if your instruction appears to be unclear, or does not appear to have been properly authorised by you;
(b) if we become aware of a dispute between you and other account holders, or any dispute arises as to the relevant cut-off ownership of the money in your account;
(c) if we suspect fraud or criminal activity;
(d) if we suspend your account, or stop the use of your banking services or debit card (see condition 11, Suspending your account, or stopping your use of banking services or cards);
(e) if we reasonably believe that processing the instruction would be unlawful or would cause us to breach any legal obligation, regulation, code or other duty that applies to us;
(f) in the case of a payment instruction, if you do not have sufficient available funds to make the payment, or to pay any charge that is payable;
(g) if you exceed any limit we apply to your account or debit card from time on any working day those instructions to time (such as a cash withdrawal limit); or
(h) in the case of a cheque or bank draft payment into or out of your account, if the cheque or bank draft is more than 6 months old.
3.18 In the case of a payment instruction, we will be processed on that day or on try to contact you and tell you why we have refused your instruction and what you can do to fix this. We will contact you no later than the date specified in on which the payment should have been made to the payee’s bank. We will not tell you why we have refused your instructions. Instructions received after the cut-off time or instruction if we cannot do so for a non-working day will be processed in accordance with the relevant conditions of the User Guideslegal reasons.
3.10 3.19 If Bacs receive instructions before you attempt to make a debit card payment online, the relevant cut-off time on any working day those instructions will be processed on that day or on payee may ask you to verify the date specified in payment using Verified by Visa, which is designed to prevent online fraud. If you do not use this service when asked, we may not authorise your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidesdebit card payment.
3.11 You can3.20 We set transaction limits on certain types of payments. This is an additional security and anti-fraud measure. For security reasons we will not challenge the legal effecttell you what our limits are on certain types of transactions, validity such as online banking payments.
3.21 If a standing order or enforceability direct debit payment from your account is refused due to lack of a transaction pursuant funds on more than one occasion and we reasonably believe this problem is going to your instructions solely on the basis continue, we can cancel that it is standing order or direct debit. We will tell you in electronic rather than advance that we are going to do this unless we are unable to contact you, in a written form or which case we will tell you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyas soon as possible afterwards.
Appears in 2 contracts
Samples: Banking Relationship Agreement, Banking Relationship Agreement
Giving us instructions. Who can give us instructions?
3.1 WeWe can accept instructions from you or from anyone appointed to act on your behalf. We must receive satisfactory evidence of their appointment, your Bankfor example a signed instruction from you, cannot change a power of attorney or stop a court order (for example, appointing an instruction you give using the Service except in the limited circumstances set out in the User Guidesexecutor or a liquidator).
3.2 Before we, We have procedures which you must follow where you wish to appoint or remove someone acting on your Bank and/or Bacs can behalf. We will not accept instructions given from any person you appoint until we have satisfactorily completed our checks against that person. If you wish to us using the Service or in remove someone you have appointed to act on your behalf, any other way described in the User Guides instructions we have received from them before we are informed of your intention to remove them will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usremain valid.
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for instructions given by any person who is appointed to act on your behalf. You will be treated as having given those instructions.
3.4 You authorise us to give information about you and your accounts to any person appointed to act on your behalf.
3.5 For security reasons, we may not allow someone who is acting on your behalf to access some of our banking services. We will tell you if this is the case.
3.6 Unless you tell us otherwise, we can accept instructions from any one of you who are joint account holders to:
(a) withdraw money out of the account, up to and including the full available balance;
(b) provide information about the account; or
(c) close any accounts (for example, if the relationship between you ends).
3.7 For security reasons, we may decide not to process an instruction until we have confirmed it with another account holder(s).
3.8 If you wish to appoint or remove someone acting on your behalf, all instructions account holders must sign an instruction appointing or removing them.
3.9 Where you hold a joint account with us, any debt you owe us under the joint account will be owed by you all jointly and severally. This means that are received we can demand repayment of the full amount due from all or any of you, and acted onnot just a proportion, even if the instructions you personally were not aware of the debt.
3.10 You can instruct us by post. In addition, you may be able to use our banking services to give us instructions. Unless we expressly confirm otherwise, we will not accept instructions sent by electronic message such as e-mail or our online banking secure message service. We may also make a debit card available for use with some accounts. If we do, we will tell you this in the additional conditions for that account.
3.11 We will only act on an instruction if we reasonably believe that you have given by or consented to that instruction. You will be treated as having given or consented to the instruction if:
(a) in the case of written instructions, it appears to be signed in accordance with the mandate we hold;
(b) in the case of an instruction given using a banking service or a debit card, the correct Security Information was given when the instruction was given. In addition, our security procedures or any other procedures we or the payee use, such as additional identification checks, must be passed; or
(c) in the case of a debit card used in a contactless transaction, the debit card was held over a reader.
3.12 We will only treat your instruction as having been given once we actually receive it.
3.13 If your instruction is unclear, we may not act on it until we receive the clarification we need.
3.14 If you give us duplicate instructions we can treat them as being intended and can process them both, without checking with you.
3.5 You 3.15 If you give us a future-dated instruction, including a recurring instruction such as a standing order or a direct debit, we will provide treat this as having been given (in each case) on the date we are due to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information process it.
3.16 There may be passed to the police and Bacsa delay in processing your instructions while we carry out fraud or security checks, or ask you for additional information.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, 3.17 We can refuse to act on any instruction ifyour instructions in the following situations:
3.9 If Bacs receive instructions before (a) if your instruction appears to be unclear, or does not appear to have been properly authorised by you;
(b) if we become aware of a dispute between you and other account holders, or any dispute arises as to the relevant cut-off ownership of the money in your account;
(c) if we suspect fraud or criminal activity;
(d) if we suspend your account, or stop the use of your banking services or debit card (see condition 11, Suspending your account, or stopping your use of banking services or cards);
(e) if we reasonably believe that processing the instruction would be unlawful or would cause us to breach any legal obligation, regulation, code or other duty that applies to us;
(f) in the case of a payment instruction, if you do not have sufficient available funds to make the payment, or to pay any charge that is payable;
(g) if you exceed any limit we apply to your account or debit card from time on any working day those instructions to time (such as a cash withdrawal limit); or
(h) in the case of a cheque or bank draft payment into or out of your account, if the cheque or bank draft is more than 6 months old.
3.18 In the case of a payment instruction, we will be processed on that day or on try to contact you and tell you why we have refused your instruction and what you can do to fix this. We will contact you no later than the date specified in on which the payment should have been made to the payee’s bank. We will not tell you why we have refused your instructions. Instructions received after the cut-off time or instruction if we cannot do so for a non-working day will be processed in accordance with the relevant conditions of the User Guideslegal reasons.
3.10 3.19 If Bacs receive instructions before you attempt to make a debit card payment online, the relevant cut-off time on any working day those instructions will be processed on that day or on payee may ask you to verify the date specified in payment using Verified by Visa, which is designed to prevent online fraud. If you do not register for this service, we may not authorise your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidesdebit card payment.
3.11 You can3.20 We set transaction limits on certain types of payments. This is an additional security and anti-fraud measure. For security reasons we will not challenge the legal effecttell you what our limits are on certain types of transactions, validity such as online banking payments.
3.21 If a standing order or enforceability direct debit payment from your account is refused due to lack of a transaction pursuant funds on more than one occasion and we reasonably believe this problem is going to your instructions solely on the basis continue, we can cancel that it is standing order or direct debit. We will tell you in electronic rather than advance that we are going to do this unless we are unable to contact you, in a written form or which case we will tell you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyas soon as possible afterwards.
Appears in 2 contracts
Samples: Banking Relationship Agreement, Banking Relationship Agreement
Giving us instructions. 3.1 We, your Bank, cannot change or stop an instruction you give using the Service or given by any Bureau acting or purporting to act on your behalf except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bank, RBS and Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) given by any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given Bureau acting or purporting to usact on your
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each otheran unauthorised person using the same work station can access or use the security procedures using stored details.
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed to the police and Bacs.
3.6 We, your Bank and/or Bank, RBS and Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bank, RBS and Bacs, can refuse to act on any instruction if:
3.9 We, your Bank will agree maximum file limits with you and we will tell you (under condition 2.1) what these limits are. We will not be liable to authorise files in excess of agreed limits. If Bacs receive instructions before a limit is exceeded without prior approval from us this may delay the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified processing of your files and result in your instructionsyou incurring additional charges. Instructions received after the cut-off time or Any request for a non-change in limit should be made in writing to us, your Bank, for approval at least 10 working day will be processed in accordance with the relevant conditions of the User Guidesdays before submitting your files to Bacs.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Giving us instructions. 3.1 WeYou can give us instructions either in writing, your Bankverbally, by telephone or through the online banking service unless we tell you that instructions can only be given in a specific way for a particular account or service. Generally we cannot change or stop an instruction you give by telephone or using the Service online banking service (except in the certain limited circumstances set out in the User Guidescircumstances) because we start processing instructions when we receive them. If we are able to cancel your instruction we may make a charge.
3.2 Before weWhen your account is activated, your Bank and/or Bacs can accept instructions given and from time to us using the Service or in any other way described in the User Guides time, we will agree security procedures with you. By ‘security procedures’ we mean either provide you with, or ask you to provide, any of the use of following: a password, security keys, card, personal identifier(s), personal digital certificates, ) and codes, PINs or Personal Identification Numbers (PINs) and encryption device(s) any of which may be changed by agreement in the futuredevices. We, These are your Bank and/or Bacs may also agree “security procedures with codes”. When you before accepting use your security codes you are authorising us to carry out all instructions given using the online banking service or by telephone. Please note that we will never ask you to usprovide details of your online banking password/PIN over the telephone.
3.3 You must do all that is you reasonably possible at all times can to make sure that the security procedures codes are kept secret and at all times. You must not give details of the security codes to anyone else or let anyone else use your security codes. Try to remember any code or PIN as soon as you receive it. Any security-related device is must be kept physically secure. This , which includes making sure that security details are not kept in any form that anyone using the same device can go through the security procedures using stored details (including by browser or any other software) in such a way that an
2.1 Contacting each other).
3.4 You If you think someone else may know your security codes or that your security codes have been breached, you must tell usus without undue delay by telephoning 0333 222 4516 or an alternative telephone number advised to you from time to time, your Bankand in any event no later than 13 months after the debit date, as soon as possible if on becoming aware of any unauthorised person may know any security procedures or may have or has had access incorrectly executed transaction. Subject to any security related device used to access the service. Until you have notified us conditions 3.6 and 3.7, you will be responsible liable up to a maximum of £35 for all instructions that are received and acted onany losses incurred in respect of an unauthorised payment transaction arising from the use of a lost or stolen payment instrument or, even if where you have failed to keep personalised security features of the instructions were not given by youpayment instrument safe, from the misappropriation of the payment instrument.
3.5 You will provide not be liable for any of the losses referred to usin condition 3.4 if: • the loss, theft or misappropriation of the payment instrument was not detectable by you prior to the payment and you have not acted fraudulently; or • the loss was caused by acts or omissions of one of our employees, agents or branches or one of those belonging to an entity which carried out activities on our behalf.
3.6 You will be liable for all losses in respect of an unauthorised payment transaction if: • you have acted fraudulently; • with intent or gross negligence, failed to use your Bankpayment instrument in accordance with this agreement; • with intent or gross negligence, failed to follow the procedures in condition 3.4 (for example, by delaying telling us that your payment instrument has been lost, stolen or misappropriated, that you suspect someone else may know the security codes or that the security codes have been breached); or • with intent or gross negligence, failed to take all reasonable steps to keep you personalised security credentials relating to a payment instrument safe.
3.7 Except where you have acted fraudulently, you will not be liable for any losses which occur: TAB103 PATC V18 10.2018 • after you have notified us that your payment instrument has been lost, stolen or misappropriated, that you suspect someone else may know the security codes or that the security codes have been breached; and/or • where the payment instrument has been used in connection with certain distance contracts.
3.8 Where you are not liable for all the losses we will refund to your account any amount deducted (subject to any liability you may have), immediately once it is established that a transaction was not authorised and subject to the notification requirements detailed above. Where applicable, we will restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place (subject to any liability you may have). We can ask you for all the information you have about the misuse of the security codes, which we may pass to the Police if we think that will be useful.
3.9 We will do all that we reasonably can to prevent a breach of security, resulting in unauthorised access to your accounts and the information we hold about you. To help prevent any security breach you should also read and follow any security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed we advise from time to the police and Bacs.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidestime.
3.10 If Bacs receive instructions before the relevant cut-off time on We may remove, suspend or reduce: • access to your account using our telephone and/or online banking services; and • any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidesservices we make available to you as part of our telephone and/or online banking services, without giving you notice if we consider there is a security or fraud risk.
3.11 You canmay authorise certain types of regulated businesses to access and collate information regarding your accounts with different providers, or initiate payments to third parties from your account (without using your any payment card details). We refer to these businesses as ‘Third Party Payment Service Providers’ (‘TPPs’). TPPs can offer you alternative ways of interacting with us and we are, in most circumstances, obliged to allow you to use such services (including executing transactions that are initiated via a TPP as though you had made the instruction to us directly). If you share your confidential details with a genuine TPP, we will not challenge treat this as the legal effectsecurity of your account being breached. However, validity we strongly recommend that, before sharing your confidential details with a TTP, you should make sure that the TPP is genuine, they are authorised (by the FCA or enforceability another, equivalent, regulator) and have the appropriate systems and controls to protect you and your data. If an unauthorised payment transaction is initiated through a TPP we will still comply with our obligations to refund your account in accordance with your Agreement. However, if the TPP is liable for the unauthorised payment transaction, the TPP must, on our request, compensate us immediately for the losses incurred or sums paid as a result of a transaction pursuant complying with our obligations to your instructions solely on (including the basis that it is in electronic rather than in a written form or you did not review amount of the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyunauthorised transaction).
Appears in 1 contract
Samples: Current Account Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised Individual, they may have unlimited authority to give us instructions on your Bankbehalf. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Individuals where applicable. We will rely on instructions from Authorised Individuals until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised Individual, cannot change please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at xxxx@xxxxxx.xx.xx. We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at xxxxxxx@xxxxxxxxxxxx.xxx We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at xxxxxxx@xxxxxxxxxxxxxx.xxx We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 We, your Bank, cannot change You can give us instructions in writing (post or stop an instruction you give using the Service except in the limited circumstances set out in the User Guidesemail).
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or You will be liable for all losses in any other way described in the User Guides we will agree security procedures with you. By ‘security procedures’ we mean the use respect of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with an unauthorised payment transaction if: • you before accepting instructions given to ushave acted fraudulently;
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and Except where you have acted fraudulently, you will not be liable for any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until losses which occur: • after you have notified us that you will be responsible suspect someone else may know the security codes or that the security codes have been breached.
3.4 Where you are not liable for all instructions the losses, we will refund to your account any amount deducted, immediately that are received it is established that a transaction was not authorised and acted onsubject to the notification requirements detailed above, even if and where applicable, we will restore the instructions were debited payment account to the state it would have been in had the unauthorised payment transaction not given by you.
3.5 You will provide taken place (subject to us, your Bank, any liability you may have). We can ask you for all the information you have about the misuse of the security codes, which we may pass to the Police if we think that will be useful.
3.5 We will do all that we reasonably can to prevent a breach of security, resulting in unauthorised access to your accounts and the information we hold about you. To help prevent any security breach you should also read and follow any security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed we advise from time to the police and Bacstime.
3.6 WeWe may remove, suspend or reduce: • access to your Bank and/or Bacsaccount; and • any of the services we make available to you, without giving you notice if we consider there is a security or fraud risk.
3.7 We can act on instructions given using by you in writing. We reserve the Service (including right to take additional security measures before acting on instructions from time to make or collect payments from or into your account) as time. As long as security procedures we have been followed your instructions correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank we can deduct the amount of any payment from your account. You agree that we, your Bank we may rely on any account number information quoted in an instruction as the correct account to be debited or creditedcorrect.
3.8 WeWe will accept payment instructions from you in writing, your Bank and/or Bacseither to the extent expressly permitted elsewhere by these conditions or if we have expressly agreed with you that we will do so, or if such instructions comprise completed, pre-printed, standard instruction forms provided by us from time to time.
3.9 We can refuse to act on any instruction or to accept a credit into your account if:
3.9 If Bacs receive instructions before : • we have a good reason for thinking that you did not give us the relevant cutinstruction; PBD-006-off time on any working day those instructions will be processed on V1-07.2023 • the instruction is not clear; • we reasonably believe that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance by complying with the relevant conditions of instruction we might break a law, regulation, code or other duty which applies to us; or • we reasonably believe that carrying out the User Guidesinstruction may damage our reputation.
3.10 If Bacs receive We can act on instructions before the relevant cut-off time on given by any working day those instructions will be processed on that day or on the date specified person who has signed a mandate as set out in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidescondition 1.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Giving us instructions. Who can give us instructions?
3.1 WeWe can accept instructions from you or from anyone appointed to act on your behalf. We must receive satisfactory evidence of their appointment, your Bankfor example a signed instruction from you, cannot change a power of attorney or stop a court order (for example, appointing an instruction you give using the Service except in the limited circumstances set out in the User Guidesexecutor or a liquidator).
3.2 Before we, We have procedures which you must follow where you wish to appoint or remove someone acting on your Bank and/or Bacs can behalf. We will not accept instructions given from any person you appoint until we have satisfactorily completed our checks against that person. If you wish to us using the Service or in remove someone you have appointed to act on your behalf, any other way described in the User Guides instructions we have received from them before we are informed of your intention to remove them will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usremain valid.
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for instructions given by any person who is appointed to act on your behalf. You will be treated as having given those instructions.
3.4 You authorise us to give information about you and your accounts to any person appointed to act on your behalf.
3.5 For security reasons, we may not allow someone who is acting on your behalf to access some of our banking services. We will tell you if this is the case.
3.6 Unless you tell us otherwise, we can accept instructions from any one of you who are joint account holders to:
(a) withdraw money out of the account, up to and including the full available balance;
(b) provide information about the account; or
(c) close any accounts (for example, if the relationship between you ends).
3.7 For security reasons, we may decide not to process an instruction until we have confirmed it with another account holder(s).
3.8 If you wish to appoint or remove someone acting on your behalf, all instructions account holders must sign an instruction appointing or removing them.
3.9 Where you hold a joint account with us, any debt you owe us under the joint account will be owed by you all jointly and severally. This means that are received we can demand repayment of the full amount due from all or any of you, and acted onnot just a proportion, even if the instructions you personally were not aware of the debt.
3.10 You can instruct us by post. In addition, you may be able to use our banking services to give us instructions. Unless we expressly confirm otherwise, we will not accept instructions sent by electronic message such as e-mail or our online banking secure message service. We may also make a card available for use with some accounts. If we do, we will tell you this in the additional conditions for that account.
3.11 We will only act on an instruction if we reasonably believe that you have given by or consented to that instruction. You will be treated as having given or consented to the instruction if:
(a) in the case of written instructions, it appears to be signed in accordance with the mandate we hold;
(b) in the case of an instruction given using a banking service or a card, the correct Security Information was given when the instruction was given. In addition, our security procedures or any other procedures we or the payee use, such as additional identification checks, must be passed; or
(c) in the case of a card used in a contactless transaction, the card was held over a reader.
3.12 We will only treat your instruction as having been given once we actually receive it.
3.13 If your instruction is unclear, we may not act on it until we receive the clarification we need.
3.14 If you give us duplicate instructions we can treat them as being intended and can process them both, without checking with you.
3.5 You 3.15 If you give us a future-dated instruction, including a recurring instruction such as a standing order or a Direct Debit, we will provide treat this as having been given (in each case) on the date we are due to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information process it.
3.16 There may be passed to the police and Bacsa delay in processing your instructions while we carry out fraud or security checks, or ask you for additional information.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, 3.17 We can refuse to act on any instruction ifyour instructions in the following situations:
3.9 If Bacs receive instructions before (a) if your instruction appears to be unclear, or does not appear to have been properly authorised by you;
(b) if we become aware of a dispute between you and other account holders, or any dispute arises as to the relevant cut-off ownership of the money in your account;
(c) if we suspect fraud or criminal activity;
(d) if we suspend your account, or stop the use of your banking services or card (see condition 11, Suspending your account, or stopping your use of banking services or cards);
(e) if we reasonably believe that processing the instruction would be unlawful or would cause us to breach any legal obligation, regulation, code or other duty that applies to us;
(f) in the case of a payment instruction, if you do not have sufficient available funds to make the payment, or to pay any charge that is payable;
(g) if you exceed any limit we apply to your account or card from time on any working day those instructions to time (such as a cash withdrawal limit); or
(h) in the case of a cheque or bank draft payment into or out of your account, if the cheque or bank draft is more than 6 months old.
3.18 In the case of a payment instruction, we will be processed on that day or on try to contact you and tell you why we have refused your instruction and what you can do to fix this. We will contact you no later than the date specified in on which the payment should have been made to the payee’s bank. We will not tell you why we have refused your instructions. Instructions received after the cut-off time or instruction if we cannot do so for a non-working day will be processed in accordance with the relevant conditions of the User Guideslegal reasons.
3.10 3.19 If Bacs receive instructions before you attempt to make a card payment online, the relevant cut-off time on any working day those instructions will be processed on that day or on payee may ask you to verify the date specified in payment using Verified by Visa, which is designed to prevent online fraud. If you do not register for this service, we may not authorise your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidescard payment.
3.11 You can3.20 We set transaction limits on certain types of payments. This is an additional security and anti-fraud measure. For security reasons we will not challenge the legal effecttell you what our limits are on certain types of transactions, validity such as online banking payments.
3.21 If a standing order or enforceability of a transaction pursuant Direct Debit payment from your account is refused on more than one occasion due to your instructions solely on the basis insufficient funds and we reasonably believe this problem is going to continue, we can cancel that it is standing order or Direct Debit. We will tell you in electronic rather than advance that we are going to do this unless we are unable to contact you, in a written form or which case we will tell you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyas soon as possible afterwards.
Appears in 1 contract
Samples: Banking Relationship Agreement
Giving us instructions. 3.1 We4.1 To manage your relationship with us under this agreement, you will need to give us a range of different instructions such as:
4.1.1 to make payments, a “Payment Order", by direct transfer, direct debit, banker’s cheque or cash withdrawal, a “Payment Instrument";
4.1.2 to give you information about your Bank, cannot change accounts;
4.1.3 to open new accounts or stop an instruction close existing accounts; and/or
4.1.4 to take any other action on your accounts. This section explains how you can give using us instructions and the Service except in the limited circumstances set out in the User Guidessteps we shall take before we act on any instruction.
3.2 Before we, your Bank and/or Bacs 4.2 You can accept normally give us instructions given to us using the Service in writing or in person at our offices, using a card, a telephone, Online Services or any other way described in the User Guides method we will agree security procedures with you.
4.3 Taking into consideration all your accounts with us, if the aggregate balance is:
4.3.1 below EUR 100,000 or equivalent, you can make up to three transfers per month to external accounts in your name;
4.3.2 at or above EUR 100,000 or equivalent, you can make up to three transfers per month to external accounts in your or anyone’s name;
4.3.3 at any level, you can make an unlimited number of transfers between accounts with us in your or anyone’s name. By ‘security procedures3 Thus, for example, if you opt for an account on 12 months’ notice, you may withdraw no more than the maximum published withdrawable amount at the end of each 12 month period commencing on the date your deposit is made.
4.4 Before applying them, we mean shall make clear any other limitations on instructions.
4.5 Before we act on an instruction, we shall take steps to check that the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed instruction is given by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usand contains all necessary information.
3.3 4.6 You must do all that is you reasonably possible at all times can to make sure that any and all security information about you and your accounts is kept confidential. You must not give anyone else information about your account or its security protocols. You should not store information on a mobile phone, personal organiser, browser or other hardware or software that would allow anyone using the same equipment to see the stored details.
4.7 We may stop or suspend a transaction or whole account use if we believe security has been compromised:
4.7.1 to protect the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure of the Payment Instrument; or
4.7.2 because we suspect that security details are not kept in any form (including by browser there may be unauthorised or any other software) in such a way that anfraudulent use of the Payment Instrument; or
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until 4.7.3 where you have notified us an overdraft, if we believe that there has been a significantly increased risk that you will be responsible for all instructions that are received and acted on, even if unable to repay the instructions were not given by youoverdraft.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information 4.8 We may be passed to the police and Bacs.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, can refuse to act on any instruction, including a Payment Order, or accept a payment into an account if we reasonably believe that by carrying out the instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time we might break a law, regulation, code or other duty which applies to us or that any of our other conditions may be breached. We may also refuse to act on any working day those instructions will be processed on instruction, including a Payment Order, or accept a payment into your account if we reasonably believe that day doing so might expose us to action or on the date specified in your instructions. Instructions received after the cut-off time censure from any government, regulator or law enforcement agency or it is for a non-working day will be processed in accordance with the relevant conditions payment to or from, or you are trying to make a card payment in, a limited number of the User Guidescountries or if we have any other valid reason for doing so.
3.10 If Bacs receive instructions before 4.9 Unless the relevant cut-off time law prevents us from doing so, we shall try to contact you to tell you if we refuse to act on any working day those instructions will be processed on that day or on instruction, the date specified reasons for refusing it and what you can do to put right any errors in the instruction. We shall try to do this at the earliest opportunity and, in the case of a Payment Order, by the time the payment should have reached the bank you asked us to make the payment to. You can also contact us to find out why we have refused to carry out your instructions. Instructions received after instruction, although the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guideslaw may prevent us from doing so.
3.11 You cannot challenge 4.10 We may assume that the legal effectinformation given in an instruction is correct, validity or enforceability unless we are aware of a transaction pursuant to your instructions solely on an obvious error. In particular, we may assume the basis that it account number quoted in any instruction is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partycorrect account number.
Appears in 1 contract
Samples: Account Services Agreement
Giving us instructions. Who can give us instructions?
3.1 WeWe can accept instructions from you or from anyone appointed to act on your behalf. We must receive satisfactory evidence of their appointment, your Bankfor example a signed instruction from you, cannot change a power of attorney or stop a court order (for example, appointing an instruction you give using the Service except in the limited circumstances set out in the User Guidesexecutor or a liquidator).
3.2 Before we, We have procedures which you must follow where you wish to appoint or remove someone acting on your Bank and/or Bacs can behalf. We will not accept instructions given from any person you appoint until we have satisfactorily completed our checks against that person. If you wish to us using the Service or in remove someone you have appointed to act on your behalf, any other way described in the User Guides instructions we have received from them before we are informed of your intention to remove them will agree security procedures with you. By ‘security procedures’ we mean the use of a password, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to usremain valid.
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for instructions given by any person who is appointed to act on your behalf. You will be treated as having given those instructions.
3.4 You authorise us to give information about you and your accounts to any person appointed to act on your behalf.
3.5 For security reasons, we may not allow someone who is acting on your behalf to access some of our banking services. We will tell you if this is the case.
3.6 Unless you tell us otherwise, we can accept instructions from any one of you who are joint account holders to:
(a) withdraw money out of the account, up to and including the full available balance;
(b) provide information about the account; or
(c) close any accounts (for example, if the relationship between you ends).
3.7 For security reasons, we may decide not to process an instruction until we have confirmed it with another account holder(s).
3.8 If you wish to appoint or remove someone acting on your behalf, all instructions account holders must sign an instruction appointing or removing them.
3.9 Where you hold a joint account with us, any debt you owe us under the joint account will be owed by you all jointly and severally. This means that are received we can demand repayment of the full amount due from all or any of you, and acted onnot just a proportion, even if the instructions you personally were not aware of the debt.
3.10 You can instruct us by post. In addition, you may be able to use our banking services to give us instructions. Unless we expressly confirm otherwise, we will not accept instructions sent by electronic message such as e-mail or our online banking secure message service. We may also make a debit card available for use with some accounts. If we do, we will tell you this in the additional conditions for that account.
3.11 We will only act on an instruction if we reasonably believe that you have given by or consented to that instruction. You will be treated as having given or consented to the instruction if:
(a) in the case of written instructions, it appears to be signed in accordance with the mandate we hold;
(b) in the case of an instruction given using a banking service or a debit card, the correct Security Information was given when the instruction was given. In addition, our security procedures or any other procedures we or the payee use, such as additional identification checks, must be passed; or
(c) in the case of a debit card used in a contactless transaction, the debit card was held over a reader.
3.12 We will only treat your instruction as having been given once we actually receive it.
3.13 If your instruction is unclear, we may not act on it until we receive the clarification we need.
3.14 If you give us duplicate instructions we can treat them as being intended and can process them both, without checking with you.
3.5 You 3.15 If you give us a future-dated instruction, including a recurring instruction such as a standing order or a direct debit, we will provide treat this as having been given (in each case) on the date we are due to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information process it.
3.16 There may be passed to the police and Bacsa delay in processing your instructions while we carry out fraud or security checks, or ask you for additional information.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, 3.17 We can refuse to act on any instruction ifyour instructions in the following situations:
3.9 If Bacs receive instructions before (a) if your instruction appears to be unclear, or does not appear to have been properly authorised by you;
(b) if we become aware of a dispute between you and other account holders, or any dispute arises as to the relevant cut-off time on any working day those instructions will be processed on that day or on ownership of the date specified money in your instructions. Instructions received after account;
(c) if we suspect fraud or criminal activity;
(d) if we suspend your account, or stop the cut-off use of your banking services or debit card (see condition 11, Suspending your account, or stopping your use of banking services or cards);
(e) if we reasonably believe that processing the instruction would be unlawful or would cause us to breach any legal obligation, regulation, code or other duty that applies to us;
(f) in the case of a payment instruction, if you do not have sufficient available funds to make the payment, or to pay any charge that is payable;
(g) if you exceed any limit we apply to your account or debit card from time to time (such as a cash withdrawal limit); or
(h) in the case of a cheque or for a non-working day will be processed in accordance with bank draft payment into or out of your account, if the relevant conditions of the User Guidescheque or bank draft is more than 6 months old.
3.10 If Bacs receive instructions before 3.18 In the relevant cut-off time on any working day those instructions case of a payment instruction, we will be processed on that day or on the date specified in try to contact you and tell you why we have refused your instructionsinstruction and what you can do to fix this. Instructions received after the cut-off time or We will contact you no later than tell you why we have refused your instruction if we cannot do so for a non-working day will be processed in accordance with the relevant conditions of the User Guideslegal reasons.
3.11 You can3.19 If you attempt to make a debit card payment online, the payee may ask you to verify the payment using Verified by Visa, which is designed to prevent online fraud. If you do not challenge the legal effectregister for this service, validity we may not authorise your debit card payment.
3.20 We set transaction limits on certain types of payments. This is an additional security and anti-fraud measure. For security reasons we will not tell you what our limits are on certain types of transactions, such as online banking payments.
3.21 If a standing order or enforceability direct debit payment from your account is refused due to lack of a transaction pursuant funds on more than one occasion and we reasonably believe this problem is going to your instructions solely on the basis continue, we can cancel that it is standing order or direct debit. We will tell you in electronic rather than advance that we are going to do this unless we are unable to contact you, in a written form or which case we will tell you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyas soon as possible afterwards.
Appears in 1 contract
Samples: Banking Relationship Agreement
Giving us instructions. 3.1 WeYou can give us instructions either in writing, your Bankverbally, by telephone or through the online banking service unless we tell you that instructions can only be given in a specific way for a particular account or service. Generally we cannot change or stop an instruction you give by telephone or using the Service online banking service (except in the certain limited circumstances set out in the User Guidescircumstances) because we start processing instructions when we receive them. If we are able to cancel your instruction we may make a charge.
3.2 Before weWhen your account is activated, your Bank and/or Bacs can accept instructions given and from time to us using the Service or in any other way described in the User Guides time, we will agree security procedures with you. By ‘security procedures’ we mean either provide you with, or ask you to provide, any of the use of following: a password, security keys, card, personal identifier(s), personal digital certificates, ) and codes, PINs or Personal Identification Numbers (PINs) and encryption device(s) any of which may be changed by agreement in the futuredevices. We, These are your Bank and/or Bacs may also agree “security procedures with codes”. When you before accepting use your security codes you are authorising us to carry out all instructions given using the online banking service or by telephone. Please note that we will never ask you to usprovide details of your online banking password/PIN over the telephone.
3.3 You must do all that is you reasonably possible at all times can to make sure that the security procedures codes are kept secret and at all times. You must not give details of the security codes to anyone else or let anyone else use your security codes. Try to remember any code or PIN as soon as you receive it. Any security-related device is must be kept physically secure. This , which includes making sure that security details are not kept in any form that anyone using the same device can go through the security procedures using stored details (including by browser or any other software) in such a way that an
2.1 Contacting each other).
3.4 You If you think someone else may know your security codes or that your security codes have been breached, you must tell usus without undue delay by telephoning 0333 222 4516 or an alternative telephone number advised to you from time to time, your Bankand in any event no later than 13 months after the debit date, as soon as possible if on becoming aware of any unauthorised person may know any security procedures or may have or has had access incorrectly executed transaction. Subject to any security related device used to access the service. Until you have notified us conditions 3.6 and 3.7, you will be responsible liable up to a maximum of £35 for all instructions that are received and acted onany losses incurred in respect of an unauthorised payment transaction arising from the use of a lost or stolen payment instrument or, even if where you have failed to keep personalised security features of the instructions were not given by youpayment instrument safe, from the misappropriation of the payment instrument.
3.5 You will provide not be liable for any of the losses referred to usin condition 3.4 if: • the loss, theft or misappropriation of the payment instrument was not detectable by you prior to the payment and you have not acted fraudulently; or • the loss was caused by acts or omissions of one of our employees, agents or branches or one of those belonging to an entity which carried out activities on our behalf.
3.6 You will be liable for all losses in respect of an unauthorised payment transaction if: • you have acted fraudulently; • with intent or gross negligence, failed to use your Bankpayment instrument in accordance with this agreement; • with intent or gross negligence, failed to follow the procedures in condition 3.4 (for example, by delaying telling us that your payment instrument has been lost, stolen or misappropriated, that you suspect someone else may know the security codes or that the security codes have been breached); or • with intent or gross negligence, failed to take all reasonable steps to keep your personalised security credentials relating to a payment instrument safe.
3.7 Except where you have acted fraudulently, you will not be liable for any losses which occur: TAB103 PATC V19 04.2019 • after you have notified us that your payment instrument has been lost, stolen or misappropriated, that you suspect someone else may know the security codes or that the security codes have been breached; and/or • where the payment instrument has been used in connection with certain distance contracts.
3.8 Where you are not liable for all the losses we will refund to your account any amount deducted (subject to any liability you may have), immediately once it is established that a transaction was not authorised and subject to the notification requirements detailed above. Where applicable, we will restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place (subject to any liability you may have). We can ask you for all the information you have about the misuse of the security codes, which we may pass to the Police if we think that will be useful.
3.9 We will do all that we reasonably can to prevent a breach of security, resulting in unauthorised access to your accounts and the information we hold about you. To help prevent any security breach you should also read and follow any security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed we advise from time to the police and Bacs.
3.6 We, your Bank and/or Bacs, can act on instructions given using the Service (including instructions to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your account. You agree that we, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidestime.
3.10 If Bacs receive instructions before the relevant cut-off time on We may remove, suspend or reduce: • access to your account using our telephone and/or online banking services; and • any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guidesservices we make available to you as part of our telephone and/or online banking services, without giving you notice if we consider there is a security or fraud risk.
3.11 You canmay authorise certain types of regulated businesses to access and collate information regarding your accounts with different providers, or initiate payments to third parties from your account (without using your any payment card details). We refer to these businesses as ‘Third Party Payment Service Providers’ (‘TPPs’). TPPs can offer you alternative ways of interacting with us and we are, in most circumstances, obliged to allow you to use such services (including executing transactions that are initiated via a TPP as though you had made the instruction to us directly). If you share your confidential details with a genuine TPP, we will not challenge treat this as the legal effectsecurity of your account being breached. However, validity we strongly recommend that, before sharing your confidential details with a TTP, you should make sure that the TPP is genuine, they are authorised (by the FCA or enforceability another, equivalent, regulator) and have the appropriate systems and controls to protect you and your data. If an unauthorised payment transaction is initiated through a TPP we will still comply with our obligations to refund your account in accordance with your Agreement. However, if the TPP is liable for the unauthorised payment transaction, the TPP must, on our request, compensate us immediately for the losses incurred or sums paid as a result of a transaction pursuant complying with our obligations to your instructions solely on (including the basis that it is in electronic rather than in a written form or you did not review amount of the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third partyunauthorised transaction).
Appears in 1 contract
Samples: Current Account Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at xxxxxxx@xxxxxxxx.xxx We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at xxxxxxx@xxxxxxxxxxxxxxxx.xxx We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us at support@Capital- XxxxxxxXX.xxx We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 WeIf you appoint an Authorised User, they may have unlimited authority to give us instructions on your Bankbehalf or, cannot if you are a business, you may specify the actions they are authorised to undertake. This Agreement will also apply to them but you remain responsible – any references to ‘you’ will also include Authorised Users where applicable. We will rely on instructions from Authorised Users until such time as you revoke or vary that authority by giving us 48 hours’ notice in writing or by calling us. If you wish to appoint or change an Authorised User, please contact us for more information. We will issue, or stop an instruction you can choose, a username and personalised security credentials (such as a password or fingerprint) and security questions (“security procedures”) so that you can give us instructions. We may accept any instructions received using the Service except in the limited circumstances set out in the User Guides.
3.2 Before we, your Bank and/or Bacs can accept instructions given to us using the Service or in any other way described in the User Guides we will agree security procedures with youwithout further checking the identity of the user. By ‘You must take all reasonable steps to keep your security procedures’ we mean procedures secret and safe, and you must take all reasonable steps to prevent loss, theft or fraudulent misuse of them, for example, you should not write them down in a format that is recognisable, save them electronically, choose simple passwords, or let someone else use them unless they are an Authorised User. at support@Capital- XxxxxxxXX.xxx If you know or suspect that your security procedures have been lost, stolen or misappropriated, or that there have been unauthorised transactions or payments or other security breach, you must notify us immediately by calling us on the numbers above or emailing us We will prevent the use of a passwordyour security procedures if we reasonably believe that: • It is appropriate to protect the security of your security procedures or access, security keys, card, personal identifier(s), personal digital certificates, codes, PINs • Their use is or encryption device(s) any of which may be changed by agreement in unauthorised or fraudulent, • It may otherwise compromise our security measures, or • We have to do so under an applicable law or regulation or order of a court or other regulatory body. We will tell you if we need to stop or suspend the future. Weuse of your security procedures, your Bank and/or Bacs may also agree security procedures with using the contact details you before accepting instructions given have provided to us
3.3 You must do all , unless that is reasonably possible at all times would break the law. If we cannot contact you in advance, we will attempt to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell us, your Bank, contact you as soon as possible afterwards. Unless we have terminated the Agreement as a result, we will allow you to use your security procedures again once the reasons for taking such action no longer apply. We will also tell you if any unauthorised person may we become aware of a security breach that could impact you and let you know any security procedures or steps you should take to reduce any risk to you. We may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed apply limits to the police and Bacs.
3.6 We, your Bank and/or Bacs, number of transactions that you can act on instructions given using the Service (including instructions make each day. We may also apply limits to make or collect payments from or into your account) as long as security procedures have been followed correctly, whether or not the instruction was given by you.
3.7 Where instructions have been followed correctly, we, your Bank can deduct the amount of any payment from your accountmoney that you can transfer each day. You agree that weWhere this is the case, your Bank may rely on any account number quoted in an instruction as the correct account to be debited or credited.
3.8 We, your Bank and/or Bacs, we will notify you separately and let you know if there is another way you can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in give us your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Customer Agreement
Giving us instructions. 3.1 We5.1 We will accept instructions from You, your Bankor an Authorised Person, cannot change including in relation to FX Instructions and Payment Instructions. Any instructions should be given to Us in person at Our Registered Office or stop an instruction you give using the Service except in the limited circumstances by telephone as set out in the User Guidesclause 2.
3.2 Before we5.2 Any communications, your Bank and/or Bacs can accept instructions given other than those subject to us using the Service clause 5.1, that You or an Authorised Person provide to Us under this Agreement shall be provided as set out in any other way described in the User Guides we will agree security procedures with you. By ‘security procedures’ we mean the use of a passwordclause 2.
5.3 We may, security keys, card, personal identifier(s), personal digital certificates, codes, PINs or encryption device(s) any of which may be changed by agreement in the future. We, your Bank and/or Bacs may also agree security procedures with you before accepting instructions given to us
3.3 You must do all that is reasonably possible at all times to make sure that the security procedures are kept secret and any security-related device is kept physically secure. This includes making sure that security details but are not kept in any form (including by browser or any other software) in such a way that an
2.1 Contacting each other
3.4 You must tell usobliged to, your Bank, as soon as possible if any unauthorised person may know any security procedures or may have or has had access to any security related device used to access the service. Until you have notified us you will be responsible for all instructions that are received and acted on, even if the instructions were not given by you.
3.5 You will provide to us, your Bank, all the information you have about the misuse of security procedures and security-related devices, as well as any material breach of the User Guides or fraud affecting the Service. This information may be passed to the police and Bacs.
3.6 We, your Bank and/or Bacs, can act on instructions given received from, or which reasonably appear to be from, You or Your Authorised Person. We will not act on instructions where:
(a) You have not made an Application to Us for registration and/or We have not accepted You as a client;
(b) You have not satisfied all of Our legal and regulatory requirements;
(c) You are using Our services for speculative or investment purposes;
(d) it appears to Us that You have provided Us with missing and/or incorrect information;
(e) We have not received cleared funds from You by the Service relevant deadline; or
(including instructions to make or collect payments from or into your accountf) as long as security procedures You have been followed correctly, whether or not the instruction was given by yourequested a contract that exceeds any spending limit on Your Client Account in accordance with clause 5.4.
3.7 Where 5.4 You may agree with Us at any time spending limits for any FX Contract and We will impose those spending limits on Your Client Account on an on-going basis.
5.5 All instructions have been followed correctlyreceived by Us after 5pm on a business day may only be executed on the following business day.
5.6 We may contact You or any Authorised Person by telephone, weemail or in writing except where the Regulations require Us to contact You through a medium which allows You to store and access the information in an unchanged form for future reference, your Bank can deduct the amount in which case We will provide, and You agree to Us providing, communications in writing.
5.7 It is Your responsibility to inform Us of any payment from your accountchanges to Your circumstances or contact details. You agree that we, your Bank may We are entitled to rely on any account number quoted in an instruction as information provided by You unless We are aware that the correct account information is manifestly out of date, inaccurate or incomplete. We may write to be debited or creditedYou from time to time to ask You to confirm that there are no changes to Your circumstances. You must ensure that You respond promptly to such requests to ensure that we can continue to provide our services to You under this Agreement.
3.8 We, your Bank and/or Bacs, can refuse to act on any instruction if:
3.9 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.10 If Bacs receive instructions before the relevant cut-off time on any working day those instructions will be processed on that day or on the date specified in your instructions. Instructions received after the cut-off time or for a non-working day will be processed in accordance with the relevant conditions of the User Guides.
3.11 You cannot challenge the legal effect, validity or enforceability of a transaction pursuant to your instructions solely on the basis that it is in electronic rather than in a written form or you did not review the contents of a transmission before signing it or no direct human instigation or intervention was involved or that it constitutes a breach by you of this Agreement or any agreement you may have with a third party.
Appears in 1 contract
Samples: Terms and Conditions
