| Please read carefully and sign where indicated. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Return to: AIB 24 Hour Banking, PO Box 24, FREEPOST, Naas, Co. Kildare | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| To:Allied Irish Banks, p.l.c. (the Bank) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| First Applicant | Second Applicant (Joint Account Holder) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Terms & Conditions Definitions Account Account Holder Adviser Facility Agreement AIB Bank or Bank AIB 24 Hour Banking AIB Direct Banking AIB Credit Card AIB Finance Limited and AIB Leasing Limited AIB Group AIB Internet Banking AIB Tariff Card AIB Top-Up Services ARK Life Banking Services Bill Payment Account Bill Payment Business Day Customer Service Adviser Data Protection Notice Euro or EUR Funds Transfer Inter Account Transfer Intra Account Transfer Mandated Account Nominated Account Non-Business Day Period Personal Access Code ("PAC") Privacy and Security Policy Registration Process(es) Registration Number Secure Message Centre Self-Service Facility SMS Message Terms and Conditions Top-Ups User Website Use of AIB 24 Hour Banking, AIB Internet Banking and AIB Top-Up Services
1.1 Banking Services are available only in respect of Accounts in Ireland. 1.2 The Registration Number, Banking Services and PAC must be used by the User strictly in accordance with this Agreement. 1.3
(a) The PAC will be provided by AIB direct to the User and the User
must not disclose the PAC in any way, whether direct or indirect, to
any other person (including, but not limited to, any account
aggregation service provider). Should the User know or think it
possible that the Registration Number and/or PAC has/have become known
to any other person (other than AIB) the User shall immediately effect
a change to the PAC through AIB 24 Hour Banking. 2. Equipment 2.1 The equipment necessary for the User to access AIB Direct Banking shall be provided and be maintained by and at the expense of the User and AIB may change the requirements for such equipment from time to time. 3. Indemnity 3.1 The User undertakes to AIB to comply strictly with this Agreement. The User acknowledges that his or her compliance with this Agreement is designed to minimise the risk of unauthorised use of AIB 24 Hour Banking, AIB Internet Banking and AIB Top-Up Services. The User agrees to indemnify AIB in full in respect of any loss or damages which may arise to AIB, the User or any third party as a consequence of the User's non-compliance with this Agreement. 4. Instructions 4.1 AIB shall be entitled, but without being obliged to do so, to record instructions received from the User to AIB, or messages sent by AIB to the User through, AIB Direct Banking. 4.2 (a) The User shall ensure that all instructions given by the User to AIB through AIB Direct Banking are accurate and complete, and that, where appropriate, he/she correctly identifies the Account to which any amount is to be credited or debited. in particular, prior to confirming any instruction to AIB, the User shall ensure that the instruction which is relayed back to the User confirming the instruction that the User sent through AIB Direct Banking is the instruction which the User intends to give. AIB is entitled to rely on any instruction from the User using the Banking Services, and, for the avoidance of doubt, the processing by AIB of any such confirmed instruction shall be final and binding on the User. (b) AIB is authorised to provide the User with account balance information in respect of all accounts currently or at any future time opened in the name of the User with any AIB Group member where AIB has agreed to do so and the User gives instructions to AIB through AIB Direct Banking. (c) AIB is authorised to provide to the User any or all of the Banking Services which may be accessed and availed of through AIB Direct Banking in accordance with the User's instructions given to AIB through AIB Direct Banking. 5. Transactions on the Account 5.1 The User authorises AIB to act upon any instruction to debit an Account received through AIB Direct Banking which has been transmitted using all or part of the Registration Number and PAC (or any part of the PAC in respect of AIB Top-Up Services) without requiring AIB to make any further authentication or enquiry, and all such debits shall constitute a liability of the User. Where the Users' Account is maintained in joint names the liability of the Account Holders shall be joint and several. 5.2 The User shall not create an unauthorised overdraft, exceed an approved limit on an Account or otherwise act in any manner contrary to any other terms and conditions applicable to an Account and/or the Banking Services through the use of AIB Direct Banking. 5.3 (a) Upon receipt of instructions to effect a Bill Payment or an Inter Account Transfer AIB will carry out the transfer instructions and will debit the Account within three Business Days. (b) Upon receipt of instructions from the User to effect an Intra Account Transfer AIB will act on the instructions by debiting the Account. Where the instructions to effect an Intra Account Transfer is given on a non-business day the Intra Account Transfer may not be effective for interest purposes until the next Business Day following the non-business day on which the instructions were received by AIB. (c) Upon receipt of a proper and complete request from the User for a Top-Up AIB will debit the Nominated Account and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount transferred for the benefit of the pre-paid mobile phone number nominated by the User. 5.4 Notwithstanding any other limit or authorisation (including any limit referred to in this Clause 5), whether in respect of any Account or otherwise the maximum aggregate amount which a User may transfer using the Banking Services (whether by Bill Payments, Fund Transfers, Top-Ups and/or otherwise) is EUR 250,000 during any Business Day, or during a Business Day and a preceding Non-Business Day Period. 5.5 Subject to Clauses 5.2, 5.4 and 5.7: (a) the total value of Bill Payments which may be effected by a User through AIB 24 Hour Banking and/or AIB Internet Banking is limited in aggregate to EUR 10,000 in any Business Day and the preceding Non-Business Day Period (if any). For the avoidance of doubt, the total value of Bill Payments effected during a Non-Business Day Period shall be taken into account in determining whether the EUR 10,000 aggregate limit has been reached during the next succeeding Business Day. (b) the total value of Inter Account Transfers which may be effected by a User through AIB 24 Hour Banking and/or AIB Internet Banking is limited in aggregate to EUR 5,000 in any Business Day and the preceding Non-Business Day Period (if any). For the avoidance of doubt, the total value of the Intra Account Transfers effected during a Non-Business Day Period shall be taken into account in determining whether the EUR 5,000 aggregate limit has been reached during the next succeeding Business Day. (c) the total value of Intra Account Transfers which may be effected by a User between the Accounts of a User through AIB 24 Hour Banking and/or AIB Internet Banking in any Business Day or non-business day is limited to the amount of the available balance on the Account to be debited at the relevant time. (d) the total value of Intra Account Transfers which may be effected by a User to third party accounts maintained with AIB through AIB 24 Hour Banking and/or AIB Internet Banking is limited in aggregate to EUR 5,000 in any Business Day and preceding Non-Business Day Period (if any). For the avoidance of doubt, the total value of transfers effected during a Non-Business Day Period shall be taken into account in determining whether the EUR 5,000 aggregate during the next succeeding Business Day; and (e) the total aggregate value of transfers using the AIB Top-Up Services which may be effected by a User on any Business Day or non-business day is EUR 220. 5.6 Entries in an Account in respect of Bill Payments, Fund Transfers and Top-Ups shall be prima facie evidence that the transfer or debit represented thereby has been duly authorised and shall be binding on AIB and the User unless and until proved to the contrary. 5.7 When using the Banking Services each of AIB and User agree that they will attempt to rely on any terms and conditions relating to the Accounts if to do so would be an attempt to repudiate the validity of the User's instructions relating to the Banking Services or the communications regarding the instructions sent to the User by AIB. Both AIB and the User agree that the instructions, information, communications and/or authorisations given through the Banking Services shall be treated as satisfying any legal requirements for communication in writing. 6. Information on Account Balances and Statements 6.1 The User acknowledges that any Account balance quoted through AIB Direct Banking is the balance at the relevant close of business for that Account on the Business Day prior to the day of the quotation and that the balance may not be appropriately adjusted to include any debit or credit (whether paper or electronic (including via SMS Message)) transactions processed or issued since the close of business. The User accepts that, as the Account balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions and may not be fully up to date. 6.2 The User shall carefully examine any account information (including Account statements and balances) received by the User, or any other information provided by AIB to the User, through the Banking Services from time to time and shall report any errors or omissions to AIB in writing within 30 days from the date of despatch of such statements or receipt of such information. In the event that no error or omission is reported by the User within the time specified, AIB shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent AIB or the User subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof. 7. Information on AIB Finance and Leasing and ARK Life Account Information 7.1 The User acknowledges and accepts that account balance information on accounts with AIB Finance Limited and AIB Leasing Limited quoted through AIB Direct Banking is in all cases subject to the terms and conditions of the form of authorisation completed by the User and furnished to AIB Finance Limited and AIB Leasing Limited in respect of the provision of such information through AIB Direct Banking. 7.2 The User acknowledges and accepts that the policy information in relation to ARK Life products of the User quoted through AIB Direct Banking is in all cases information relating to the policy as at close of business on the Business Day prior to the day of quotation and that such policy information is in all cases provided subject to the terms and conditions of the form of authorisation completed by the User and furnished to ARK Life in respect of the provision of such information through AIB Direct Banking. 7.3 The User shall carefully examine such statements of account as are received by the User from time to time from AIB Finance Limited and AIB Leasing Limited/ARK Life and report any errors or omissions to AIB in writing within 30 days from the date of despatch of such statements. In the event that no error or omission is reported by the User within the time specified, AIB Finance Limited and AIB Leasing Limited/ARK Life shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent AIB Finance Limited and AIB Leasing Limited/ARK Life or the User subsequently adjusting the statement to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof. 8. Charges / Fees 8.1 Subject to Clause 8.3, where a fee is applicable to any of the Banking Services provided through AIB Direct Banking shall be charged at the appropriate rate specified in the AIB Tariff Card. The amount of such charges will be advised to the User in writing and in the AIB Tariff Card sent to the Users from time to time, which will also be available at any AIB branch on request. All such charges applicable to the Banking Services shall conform to the scale or amounts (if any) for the time being set by statute or statutory regulations. 8.2 In relation to Text Banking Services, separate mobile network charges may apply and the Users is advise to refer to the mobile network operator he/she is using for further details relating the cost of the User of sending or receiving SMS Messages for the purposes of the Text Banking Services. The User acknowledges and agrees that, while AIB shall endeavour to make the Text Banking Services available to the User, in the event of the Text Banking Services being unable the User may still be charged for SMS Messages sent by the User for the purposes of requesting or using the Text Banking Services. 8.3 A transfer effected through AIB 24 Hour Banking and/or AIB Internet Banking at debit of an AIB Credit Card for the purpose of a: (a) Funds Transfer will be treated and charged by AIB as a cash advance transaction; and (b) Bill Payment will be treated and charged by AIB as a purchase transaction except where the resulting balance on the Account is credit or nil in which case no such charge will be applied in accordance with the AIB Credit Card terms and conditions. 9. Termination of the Agreement 9.1 AIB may terminate the Agreement and withdraw AIB Direct Banking: (a) on giving the User at least 10 Business Days prior written notice; (b) immediately upon breach by the User of any of the terms of this Agreement or where there are serious grounds for doing so and provided the User is informed by notice in writing as soon as is reasonably possible after termination; (c) immediately upon the bankruptcy or other contractual incapacity of the User; (d) if the User has not accessed AIB Direct Banking in any period of 12 consecutive months; or (e) if AIB reasonably believes that any of the Banking Services have been used negligently, illegally or fraudulently by the User, or by a third party as a result of the User's negligence or recklessness. 9.2 The User may terminate the Agreement at any time by giving AIB not less than 10 Business Days prior written notice to that effect, but without prejudice to the User's liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. 9.3 Notwithstanding the death or incapacity of the User all payments made by AIB at the debit of any Account, including the Nominated Account, shall be valid and binding upon the User and the User's estate or legal representative if made prior to the receipt by AIB of written notice of such death or incapacity. 9.4 AIB reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Banking Services. AIB is not responsible for any loss the User may incur as a result of any transaction not being processed as part of the Banking Services after termination of the Agreement or after any suspension or withdrawal of the Banking Services. 10. Variations of the Agreement AIB may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon the User 14 days after notice of such alteration has been sent to the User by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by electronic message through AIB Internet Banking including through the Service Message Centre, by recorded messages when accessing AIB 24 Hour Banking or by SMS Message through AIB Top-Up Services. The User shall be entitled upon receiving notice of any alteration to immediately terminate the Agreement but without prejudice to the User's liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date. 11. Notices 11.1 Save where expressly provided, any notice required to be given by the User to AIB in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to AIB, AIB 24 Hour Banking, P.O. Box 24, Naas, Co. Kildare. 11.2 Save where expressly provided, any notice required to be given by AIB to the User in connection with the subject matter of this Agreement may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by recorded message by accessing AIB 24 Hour Banking, by electronic message through AIB Internet Banking (including through the Service Message Centre) or by SMS Message through AIB Top-Up Services. 12. Use of Information and Confidentiality 12.1 Subject to the terms of the Privacy and Security Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Irish Financial Services Regulatory Authority or other competent statutory or regulatory authority, AIB shall ensure that all confidential personal data of a User held by AIB in relation to AIB Direct Banking shall only be accessible to AIB, AIB Finance Limited and AIB Leasing Limited, Ark Life, its or their agents or a company controlled by AIB and shall be processed or used by them for purposes and in a way compatible with the discharge of AIB's obligation to the User under the Agreement. 12.2 The User shall ensure that all information obtained from AIB by the User relating to AIB's operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by the User in strictest confidence and shall not be disclosed by the User to any third party unless it is already in the public domain. 13. Intellectual Property 13.1 The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by AIB for the purposes of providing the Banking Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in AIB or its licensors. The User shall use such material only for the purpose of receiving the Banking Services, as contemplated by this Agreement. 13.2 Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by AIB or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior consent of AIB, other than that a User may print or download one copy of the contents of the Website for personal non-commercial use. 14. Data Protection AIB will comply with its obligations under the Data Protection Acts, 1988 and 2003 (as amended from time to time) as regards relevant data in its possession relating to the User and shall make available for inspection by the User any information held by AIB about the User in accordance with those Acts. The Privacy and Security Policy published on the Website from time to time shall apply to the use of personal data relating to the User and shall form part of this Agreement. 15. Liability for Defective Transactions Subject to the User's compliance with the Agreement and provided the User has not acted fraudulently or in a negligent manner, AIB shall accept liability for the non-execution or defective execution of a Funds Transfer effected through AIB 24 Hour Banking and/or AIB Internet Banking but such liability shall be limited to the amount of the unexecuted or defectively executed Funds Transfer. 16. Roaming Whether or not a User who may use AIB Top-Up Services will be entitled to avail of the Text Banking Services outside of Ireland (excluding Northern Ireland) will depend on the service provided by the relevant mobile network operator and the User hereby acknowledges and accepts that specific, separate charges may be charged by the mobile network operator where a User uses AIB Top-Up Services outside the Ireland (excluding Northern Ireland). The User is advised to refer to his/her mobile network operator for further details and for details of charges which apply to the sending of SMS Messages for the purposes of receiving the Text Banking Services. 17. Temporary Withdrawal of Service 17.1 In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with AIB Direct Banking, or where there is a real or potential security risk, AIB shall be entitled, without incurring any liability to the User, to temporarily suspend the relevant Banking Services or access to AIB Direct Banking for such reasonable period as may be required to remedy, address or resolve the system issue. 17.2 Force Majeure: AIB shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of AIB's duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of SMS Messages via any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond AIB's control. 18. Security, Maintenance and Availability 18.1 The User accepts that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence AIB cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications. 18.2 From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to: (a) make certain or all of the Banking Services unavailable to a User; (b) withdraw, replace or reissue Registration Numbers and/or PACs; and/or (c) to change authentication procedures or processes for accessing AIB Direct Banking and while AIB will use reasonable endeavours to minimise any inconvenience caused to the User the User accepts that these events may occur and that AIB has no liability to it in the event of this happening. Where AIB changes authentication procedures for accessing AIB Direct Banking then, notwithstanding Clause 11 AIB may introduce these procedures by giving instructions to the User via the AIB Direct Banking system in respect of which such procedures are being introduced. 18.3 The User acknowledges that the Banking Services may not be available during the period from 03.00 to 07.00 hours. 19. Agency 19.1 The User agrees that he/she has entered into this Agreement for his/her own benefit and not for the benefit of another person, and may not subcontract or assign any of his/her rights or obligations under this Agreement. The User acknowledges that AIB enters into this Agreement for itself and as agent for any member of the AIB Group where that member of the AIB Group has an agreement with the User in respect of a product or service to which the Banking Services that are provided to the User apply. 20. Help Desk The User may contact AIB at the AIB Internet Banking Help Desk at 1890 24 20 00 (24 hours a day) in the event that the User requires urgent assistance in resolving a difficulty encountered in relation to AIB Internet Banking, AIB Top-Up Services and/or information generally in relation to AIB Internet Banking and/or AIB Top-Up Services. 21. Governing Law This Agreement is governed by and will be construed with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection with it. 22. Severability If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable). 23. Waiver Any waiver by AIB of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on AIB's part to exercise or avail of any right, power or privilege that AIB has or may have, operate as a waiver of any breach or default by the User. |
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