Your Relationship With Us. Agency and Custodial Relationship We will act as your agent in placing deposits for you through the DDA-MMDA Option. Under a separate agreement with you that grants us custodial powers (“Custodial Agreement”), we will also act as your custodian for the Deposit Accounts. Each Deposit Account will be recorded (i) on the records of the Destination Institution in the name of BNY Mellon, as our sub-custodian, (ii) on the records of BNY Mellon in our name, as your custodian, and (iii) on our records in your name. The recording will occur in a manner that permits the Deposit Account to be FDIC- insured to the same extent as if it were recorded on the records of Destination Institution in your name. For purposes of Article 8 of the Uniform Commercial Code, we will act as your securities intermediary for, and will treat as financial assets, the Deposit Accounts and all your security entitlements and other related interests and assets with respect to the Deposit Accounts, and we will treat you as entitled to exercise the rights that constitute the Deposit Accounts. All interests that we hold for the Deposit Accounts will be held by us only as your securities intermediary and will not be our property. You will be the owner of the funds in the Deposit Accounts and any interest on those funds. Termination of Custodial Relationship Either you or we may terminate the custodial relationship between you and us at any time. You may not transfer the Deposit Accounts to another custodian, but you may dismiss us as your custodian for a Deposit Account and request that it be recorded on the records of the Destination Institution in your name. We will endeavor to cause any request from you pursuant to Section 2.2(a) to be promptly forwarded to the Destination Institution. Each Destination Institution has agreed that it will promptly fulfill any such request, subject to its customer identification policies and other account opening terms and conditions. If a Deposit Account has been recorded on the records of a Destination Institution in your name pursuant to this Section 2, you will be able to enforce your rights in the Deposit Account directly against the Destination Institution, but we will no longer have any custodial responsibility for it and you will not be able to enforce any rights against the Destination Institution through us. If we were to become insolvent, our receiver or other successor in interest could transfer custody of the Deposit Accounts, and our rights and ob...
Your Relationship With Us. 4.1 This Agreement shall take effect immediately upon:
4.1.1 when you register via our website and click to accept the Terms; or
4.1.2 if we communicate by phone or by email, receipt of a signed scanned copy of this Agreement, each the “Effective Date”.
4.2 This Agreement shall commence on the Effective Date and continue in full force and effect indefinitely unless and until terminated by you or us under Clause 9.
4.3 You must tell us as soon as possible if any of the information you have given us changes, including:
4.3.1 a change of name, address or Authorised Parties; or
4.3.2 a material change to your financial position.
Your Relationship With Us. 4.1 This Agreement shall take effect immediately upon:
4.1.1 when you register via our website and click to accept the Terms; or
4.1.2 if we communicate by phone or by email, receipt of a signed scanned copy of this Agreement (if we communicate by phone or by email), each the “Effective Date”.
4.2 This Agreement shall commence on the Effective Date and continue in full force and effect indefinitely unless and until terminated by you or us under Clause 10.
4.3 You must tell us as soon as possible if any of the information you have given us changes, including:
4.3.1 a change of name, registered address, directors, Authorised Parties, shareholders or beneficial owners;
4.3.2 a change of your status as a Charity or a Micro-Enterprise;
4.3.3 a material change to your business activities or operations; or
4.3.4 a material change to your financial position.
Your Relationship With Us. 4.1 This Agreement shall take effect between you and us on the earlier to occur of:
(a) you opening a General Client Account on our Online System and signing an online Application Form; or
(b) signing and returning to us a copy of the Application Form (by email or post), (the “Effective Date”).
4.2 You must tell us immediately if any of the information you have previously provided to us changes, including:
(a) a change of name, registered address, directors, country of incorporation, Authorised Parties, shareholders or beneficial owners;
(b) a change of your status as a Charity or a Micro-Enterprise, where applicable;
(c) a material change to your business activities or operations; or
(d) a material change to your Financial Position.
4.3 The parties understand and agree that if at any time following the Effective Date your Affiliate(s) wish to utilise the Services hereunder prior to such Affiliate(s) having taken the required steps as set out in Clause 3 above, we may (in our sole discretion) provide Services to such Affiliate(s) on the basis that:
(a) such Affiliate(s) shall be deemed to have entered into an agreement (the “Affiliate Agreement”) with us which is identical to this Agreement save that all references in this Agreement (other than this Clause 4.3) to “Customer”, “you” or “your” shall, for the purposes of the Affiliate Agreement, be construed to mean the relevant Affiliate; and
(b) you represent, warrant and undertake to us on an ongoing basis that:
(i) your entry into this Agreement shall be sufficient to bind the Affiliate(s) to the terms of the Affiliate Agreement; and
(ii) you have the right, power and authority to bind the Affiliate(s) to the terms of the Affiliate Agreement.
4.4 You understand and agree that if any time prior to the occurrence of a Termination Date, we consider (in our sole and absolute discretion) that one or more of the events set out in Clause 10.2 below has occurred and is continuing in respect of you, we may without giving notice to you, suspend:
(a) the provision of all or any Services to you under this Agreement;
(b) the payment of any amount which has become due and payable from us to you; and/or
(c) any debit or credit entries being made to your General Client Account.
Your Relationship With Us. 4.1 This Agreement shall take effect immediately upon:
4.1.1 when you register via our website and click to accept the Terms; or
4.1.2 if we communicate by phone or by email, receipt of a signed scanned copy of this Agreement, each the “Effective Date”.
4.2 This Agreement shall commence on the Effective Date and continue in full force and effect indefinitely unless and until terminated by you or us under Clause 10.
4.3 You must tell us as soon as possible if any of the information you have given us changes, including:
4.3.1 a change of name, registered address, directors, Authorised Parties, shareholders or beneficial owners;
4.3.2 a change of your status as a Charity or a Micro-Enterprise;
4.3.3 a material change to your business activities or operations; or
4.3.4 a material change to your financial position.
Your Relationship With Us a. We are a tenant referencing company licensed to perform credit reference checks in line with contracted tenancy referencing applications.
b. You are the managing/letting agent. This agreement sets out the basis on which We will accept business from You. You act as the agent of your customer. You have authority to receive Reference Conclusion Reports following our checks but, unless We agree otherwise, You have no authority to make any representation (whether in Writing or otherwise) about Our business and You will not vary or amend Our Referencing Conclusion Reports unless We agree in Writing that You may do so.
c. This Agreement will operate with effect from the Commencement Date and shall continue in force thereafter unless and until terminated in accordance with the terms of Condition 12.
d. You shall be responsible for ensuring the completeness and accuracy of the information provided on any Application and we shall be under no obligation to accept any Application that has not been completed fully or which has not been submitted to us by the appropriate method.
Your Relationship With Us. (a) This agreement applies separately between you and each Insignia Issuer in respect of Insignia Products of that Insignia Issuer, as if you and each Insignia Issuer were a party to a separate agreement in all respects identical with this agreement. To avoid doubt, we may remove an Insignia Issuer or add an Insignia Issuer by notice in writing to you.
(b) You and each Insignia Issuer enter into this agreement as independent contractors. Nothing contained or implied in this agreement constitutes you or any of your Representatives as an employee, partner, agent, or legal representative of any Insignia Issuer or Related party of any Insignia Issuer for any purpose.
(c) Neither you nor any of your Representatives:
(i) may hold yourselves out to any person as a Representative of any Insignia Issuer or as having authority to act for or on behalf of any Insignia Issuer or any Related party of any Insignia Issuer; or
(ii) have the authority or ability to incur any liability on our behalf, or to bind us to any contract, arrangement, understanding or obligation (including any application for an Insignia Product) in any way.
(d) To avoid doubt, any Financial Service that this agreement contemplates will be provided by you or your Representatives under your own AFSL and not that of any Insignia Issuer.
Your Relationship With Us. We will collect information arising from your relationship with and through us and your use of our products and services. For example, we will maintain a record of your account balance(s), transaction history, and payment history. As well, when you send us an e-mail, speak with one of our telephone service representatives, communicate with us in person or through any other means, we may monitor, record, and retain those communications for our mutual protection and in order to process your inquiries, respond to your requests, and improve our services.
Your Relationship With Us. It is important that you actively participate in our relationship. In particular, we encourage you to:
Your Relationship With Us. You agree that:
(a) your service is provided by Internode Pty Ltd;
(b) you do not have any service contract with NBNCo Limited.
