CLYDESDALE BANK PUBLIC LIMITED COMPANY
VALID FROM · 1st June 2006 until changed in accordance with these Terms and Conditions
Contents
PART 1
General Information
Things you should know
PART 2
Meaning of Words Used in these Terms and Conditions
PART 3
General Terms and Conditions which apply to both the Telephone Banking Service and the Internet Banking Service
Offer
Account Terms
Nominated User
Functionalities of the Telephone Banking Service and the Internet Banking Service
Your Responsibilities
Allocation of Liabilities
Our Responsibilities
Changes by Us
Right of Cancellation
Termination
Personal Information
Cash Advances
General
Notices
Good Banking
Financial Services Compensation Scheme
Telephone Calls
PART 4
Terms and Conditions for the Telephone Banking Service
Nominated Users and the Telephone Banking Service
PART 5
Terms and Conditions for the Internet Banking Service
Nominated Users and the Internet Banking Service
Allocation of Liabilities
PART 1
General Information
Telephone Banking Service and Internet Banking Service
This brochure sets out important information about Our Telephone Banking Service and Our Internet Banking Service. Parts 2, 3, 4 and 5 of this brochure contain the Terms and Conditions for these services.
This brochure (including the Terms and Conditions) is written and available only in English and We undertake to communicate to You in English when communicating with You regarding the Telephone Banking Service and/or the Internet Banking Service.
This brochure (including the Terms and Conditions) is also available in Braille, large print and audio tape. Please phone either Our Telephone Banking Helpdesk on 08457 24 00 24 or Our Internet Banking Helpdesk on 08456 01 18 01 for details.
By reading this brochure You will be able to understand the Terms and Conditions which apply to Our Telephone Banking Service and to Our Internet Banking Service.
Make sure You read and understand this brochure thoroughly before making a decision to proceed with either or both of these services.
Using the Terms and Conditions
Parts 2, 3, 4 and 5 of this brochure contain the Terms and Conditions for Our Telephone Banking Service and Our Internet Banking Service.
Users who are registered (or who wish to be registered) for both Our Telephone Banking Service and Our Internet Banking Service should read and understand all Parts of this brochure.
Users who are registered for Our Internet Banking Service are also, as a result, registered for Our Telephone Banking Service and should read and understand all Parts of this brochure. If You wish to be registered for Our Internet Banking Service You should, therefore, read and understand all Parts of this brochure.
Users who are registered (or who wish to be registered) for only Our Telephone Banking Service should read and understand all Parts of this brochure except Part 5.
What do I do if I have a dispute relating to the Telephone Banking Service and/or the Internet Banking Service?
We are committed to providing a high standard of customer service. However, if You are not satisfied with any aspect of Our service, We have internal complaint handling procedures in place to deal with Your concerns effectively and in the correct manner.
If You do wish to register Your complaint, please follow the steps which We have outlined below. Please provide Us with as much relevant information as possible, including Your Account details, the Branch/Business Area involved, a summary of Your complaint and any actions which We may have already taken to address the issue.
Step 1
If possible, please refer Your complaint to the member of Our staff who was Your original point of contact.
If the matter is not resolved to Your satisfaction by that member of staff, please speak or write to Your Branch/Relationship Manager. Your Branch/Relationship Manager will ensure that Your complaint is investigated and will try to resolve the matter to Your satisfaction. If Your complaint has not been resolved by close of business on the working day after it has been received by Your Branch/Relationship Manager, We will either send to You an acknowledgement letter or a written response addressing the matters You have raised. We will issue this letter or written response within five working days of receipt of Your complaint (unless, of course, We have resolved Your complaint before We have actually issued this letter or written response to You).
Step 2
If You are still not satisfied with the response from Your Branch/Relationship Manager, You may refer Your complaint to Our Customer Relations Manager at the following address:
Customer Relations Manager
Clydesdale Bank PLC
Clydesdale Bank Exchange
20 Waterloo Street
Glasgow G2 6DB
Telephone number: 0141 242 4137
Your complaint is treated as being received from the date it is notified to Us orally or in writing, whichever happens first. The Customer Relations Manager will arrange for Your complaint to be investigated further.
Once Your complaint has been fully investigated by Us, the Customer Relations Manager will issue to You a final response letter. This letter will confirm the outcome of Our final investigation.
If the Customer Relations Manager has been unable to issue a final response letter to You within four weeks of receipt of Your complaint, We will send to You a progress report confirming what stage Our investigations have reached. If the Customer Relations Manager is still unable to issue to You a final response letter within eight weeks of Us first receiving Your complaint, We will send to You a further progress report. At this point We will also inform You that, if You are dissatisfied with the delay, You may refer Your complaint to the Financial Ombudsman Service.
Step 3
Our aim is always to resolve complaints to the satisfaction of Our customers. However, in the unlikely event that You disagree with the decision We have made, You may refer the matter to the Financial Ombudsman Service. You should, in these circumstances, address Your complaint to:
Financial Ombudsman Service
South Quay Plaza, 183 Marsh Wall
London E14 9SR
Telephone number: 0845 080 1800
Fax number: 020 7964 1001
Our leaflet called 'Addressing Your Complaint' is available on request. It is also available in Braille and tape format. Speak to a member of staff for details.
THINGS YOU SHOULD KNOW
Our main business is to provide financial services in the form of a bank and to provide associated products and services.
The Terms and Conditions may be:
- accessed and viewed via Our Website at www.CBonline.co.uk and can be printed out if You select/click on the PRINT button on the appropriate page on Our Website; or
- obtained by You if You phone either Our Telephone Banking Helpdesk on 08457 24 00 24 or Our Internet Banking Helpdesk on 08456 01 18 01.
If You believe that Your Telephone Security Information or Your Internet Security Information has (or may have) become known to anyone other than yourself, please refer to Clause 16 of the Terms and Conditions which sets out the actions You must take.
For queries concerning the Telephone Banking Service contact Our Telephone Banking Helpdesk on 08457 24 00 24.
For queries concerning the Internet Banking Service contact Our Internet Banking Helpdesk on 08456 01 18 01.
Calls to the Telephone Banking Helpdesk or to the Internet Banking Helpdesk are charged at local rate.
Please note that if You do not actively terminate Your session with the Internet Banking Service, the session will stay active only for a further 10 minutes after which, for Your security, it will automatically terminate.
Please ensure that You always exit the Internet Banking Service by using the "log out" button on the screen. This is to prevent any person who uses the computer after You from accessing any of Your Account information.
Please note that We would never contact You to request details of Your Access Code Number, Customer Number, Telephone Security Information, Internet Security Information and/or Unique Registration Reference Number and if You receive a request for any such information You should not provide it, even if the request purports to come from Us.
Please see the Security Information on Our Website (www.CBonline.co.uk) for further information about security and the Internet Banking Service.
The meanings of words printed in bold in this Part 1 of this brochure and in the Terms and Conditions are explained in Part 2 of this brochure.
PART 2
Meaning of Words Used in these Terms and Conditions
Access Code Number (or "ACN") means the four-digit code which is selected by Account Holders, Main Users and Nominated Users during the registration process to allow them first to access the Telephone Banking Service and/or the Internet Banking Service.
Account means an account with Us (or with any other third party) which We have determined is accessible by the Telephone Banking Service and/or the Internet Banking Service.
Account Holder means a person who has entered into an arrangement with Us to use the Telephone Banking Service and/or the Internet Banking Service and who has an Account held either a) in that person's own name; or b) jointly with any other person(s) and in respect of which joint Account We may act on the instructions of any or all of the joint holders.
Account Holding Branch means, in relation to an Account, the branch of Us at which the Account is located.
Banking Business Day means any day with the exception of Saturdays, Sundays and bank holidays in the jurisdiction in which the Account Holding Branch is situated.
Clause means a clause of these Terms and Conditions.
Customer Number means the number which We have notified in writing in accordance with Our procedures to an Account Holder, Main User or Nominated User as the Customer Number applicable to that Account Holder, Main User or Nominated User.
Cut-off Time in respect of a Banking Business Day means, for the purposes of payments or any other purpose under these Terms and Conditions, the time or times by which the instruction relating to that purpose must be completed, which times are determined by Us from time to time. Different times of the day may be specified for different purposes.
Internet Banking Service means the internet banking service We make available through the internet network to enable the electronic receipt and transmission of information (including in relation to an Account).
Internet Password means the code (which must consist of a series of letters and numbers) chosen by You which You will use, together with Your Security Questions And Answers, in order to use the Internet Banking Service.
Internet Security Information means Your Internet Password and/or Your Security Questions And Answers.
Limit means any transactional limit on the amount which may be transferred in a transaction or series of transactions using the Telephone Banking Service and/or any transactional, daily or other limit on the amount which may be transferred in a transaction or series of transactions using the Internet Banking Service.
Main User means, in relation to a business Account, a person nominated by the Account Holder in accordance with Our requirements from time to time (including in relation to the formalities of nomination by the Account Holder and the identity of such person) and in respect of whom We may act on his or her instructions and who has entered into an arrangement with Us to use the Telephone Banking Service and/or the Internet Banking Service.
Nominated User(s) means a person who has:
a. been nominated by the Account Holder (or in the case of a business account by the Main User) under Clause 6 and in accordance with these Terms and Conditions;
b. complied with the requirements which We specify shall apply from time to time in respect of Nominated Users (including, for example, providing Us with such documentation as We may require);
c. been accepted by Us; and
d.accepted these Terms and Conditions to operate an Account (to the access level and extent specified by the Account Holder (or Main User in relation to a business Account)) using the Telephone Banking Service and/or the Internet Banking Service all in accordance with the provisions of these Terms and Conditions.
Our Group
Our Website means the website at www.CBonline.co.uk through which You can access the Internet Banking Service.
Security Questions And Answers means the security questions which You have selected and the answers to such security questions which You have given to Us and which will, on subsequent occasions, be used by You in order to access and use the Internet Banking Service.
Telephone Security Information means Your Access Code Number and/or the telephone password used in connection with the Telephone Banking Service.
Telephone Banking Service means the telephone banking service which We make available through the public telecommunications network to enable the receipt and transmission of information by telephone (including in relation to an Account).
Terms and Conditions means the terms and conditions set out in Parts 2, 3, 4 and 5 of this brochure (as amended from time to time in accordance with their terms).
Unique Registration Reference Number means the ten-digit unique code which We have notified in writing in accordance with Our procedures to an Account Holder, Main User or Nominated User as applicable to that Account Holder, Main User or Nominated User for Our Telephone Banking Service.
User means You or a Nominated User or both, as the context requires.
We or Us or Our means Clydesdale Bank Public Limited Company, registered in the Companies Register in Scotland held at Companies House, 37 Castle Terrace, Edinburgh, EH1 2EB with Registered Number SC001111 and having its Registered Office at 30 St Vincent Place, Glasgow G1 2HL and its successors and assignees.
You means an Account Holder or Main User who has accepted these Terms and Conditions (and includes a Nominated User as the context requires) and Your has a corresponding meaning.
PART 3
General Terms and Conditions which apply to both the Telephone Banking Service and the Internet Banking Service
Offer
- We offer to make available to You on the Terms and Conditions the Telephone Banking Service and, if requested by You, the Internet Banking Service.
- For the Telephone Banking Service, You will be taken to have read, understood and accepted these Terms and Conditions when You enter Your Unique Registration Reference Number and first use the Telephone Banking Service.
- For the Internet Banking Service, You will be taken to have read, understood and accepted these Terms and Conditions when You select and/or click on the "ACCEPT" button on the Internet Banking Service website.
Account Terms
- These Terms and Conditions are in addition to any of Our terms and conditions for an Account or for any other product and/or any other service provided by Us using the Telephone Banking Service and/or the Internet Banking Service. These Terms and Conditions contain, where relevant, the information listed in Schedule 1 of The Financial Services (Distance Marketing) Regulations 2004. This information is contained in the Terms and Conditions in order that We comply with The Financial Services (Distance Marketing) Regulations 2004 and disclose the appropriate information to You.
- If there is any inconsistency between these Terms and Conditions and the terms and conditions applying to an Account or any other product and/or service provided by Us using the Telephone Banking Service and/or the Internet Banking Service, these Terms and Conditions shall apply to the extent of that inconsistency.
Nominated User
- We may allow any person who is aged 16 years or over who is nominated by You:
a. in accordance with the terms of Our Telephone Banking Service, in respect of Our Telephone Banking Service; and
b. in accordance with the terms of Our Internet Banking Service , in respect of Our Internet Banking Serviceto be a Nominated User. - A Nominated User who has been nominated by You and accepted by Us may use the Telephone Banking Service and/or the Internet Banking Service (where relevant) to access and operate an Account in any way You ask Us to (provided this does not conflict with the extent to which We allow Nominated Users to access and operate Accounts as determined by Us from time to time). For example, a Nominated User may use the Telephone Banking Service and/or the Internet Banking Service :
a. to conduct debit or credit transactions on Accounts;
b. to access financial information about Accounts;
c. to request statements, cheque books and other items relating to Accounts;
d. to pay certain bills; and
e. to access any other facilities which We may make available in the future and which You have agreed the Nominated User may access.
However, You may notify Us by telephone or in writing in accordance with the terms of Clause 38 that a Nominated User should only have restricted access to an Account (for example, only to access financial information about an Account). You may notify Us electronically, but for security reasons, You may only do so electronically if You use the electronic messaging facility which is part of Our Internet Banking Service. - -
a. Subject to Clause 9, You are liable for any use or operation of an Account by a Nominated User as if the Account had been used or operated by You. You should ensure that any Nominated User has read and understood these Terms and Conditions. You must also ensure that the Nominated User complies with all Your obligations under these Terms and Conditions.
b. If an Account is held jointly with another party or parties then when a User uses the Telephone Banking Service and/or the Internet Banking Service to set up a regular payment using the Telephone Banking Service or a regular transfer to a linked Account or a single payment or transfer using either service, in each case affecting that joint Account, it will be treated as personal to that User. It will not appear among the payments or transfers presented to any other party to that joint Account but will only be available for inspection if that other party wishes to visit the Account Holding Branch or request details to be posted to him or her. For that reason, the payment or transfer cannot be cancelled or altered through use of the Telephone Banking Service and/or the Internet Banking Service except by the party who set it up. Instructions in relation to cancellation or alteration by any other party can only be processed by direct application to the Account Holding Branch.
9. A Nominated User's right to use the Telephone Banking Service and/or the Internet Banking Service to access and operate an Account will be withdrawn when You have notified Us in accordance with Clause 38 when You want that to happen.
10. A User may continue to use the Telephone Banking Service and/or the Internet Banking Service unless:
a. the relevant service is cancelled or terminated under these Terms and Conditions; or
b. access to the Telephone Banking Service and/or the Internet Banking Service is denied under these Terms and Conditions.
Functionalities of the Telephone Banking Service and the Internet Banking Service
- We may add to, remove, change or impose restrictions on the functionalities of the Telephone Banking Service and/or the Internet Banking Service at any time. In particular, but without prejudice to that general right, we may impose Limits which may be general to all Users of the Telephone Banking Service and/or the Internet Banking Service or may be particular to You and/or any Nominated User. If We materially add to, remove, change or impose restrictions (the "change") on the functionality of the Telephone Banking Service and/or the Internet Banking Service We will notify You by at least one of the following methods: (1) in writing; or (2) by email (which, for Users of the Internet Banking Service, includes the electronic messaging facility which is part of the Internet Banking Service); or (3) by telephone; or (4) by putting a message on Our Website, in all cases at least 30 days before the change takes effect (unless the law requires a more immediate change). If You or any Nominated User then continue to use the Telephone Banking Service and/or the Internet Banking Service after the change takes effect, it will mean that You and any Nominated User have agreed to the change.
Your Responsibilities
- You agree:
a. and You shall ensure that Your Telephone Security Information and, where relevant, the Internet Security Information which You choose to access the Internet Banking Service will not be the same as, or similar to, any other personal identification number or password You have for any Account You have with, or for any other service provided by, Us;
b. not to permit any other person to use Your Internet Security Information or Telephone Security Information;
c. not to disclose Your Internet Security Information or Telephone Security Information to any other person including in response to a request that You provide it (even if that request purports to come from Us) other than in connection with Your actual and immediate use of the Internet Banking Service and/or the Telephone Banking Service;
d. not to record or store Your Internet Security Information or Telephone Security Information anywhere but to commit it to memory;
e. to take reasonable care when accessing the Internet Banking Service or Telephone Banking Service to ensure that Your Internet Security Information and Telephone Security Information is not disclosed to any other person; and
f. to check Your Account records carefully. - You must ensure that a Nominated User protects, stores and uses their Internet Security Information and Telephone Security Information in the same manner as Clause 12 requires You to protect, store and use Yours.
- Subject to Clause 9, You agree and acknowledge that:
a. an instruction to Us by a User using the Telephone Banking Service and/or the Internet Banking Service constitutes a valid and irrevocable authority for Us to follow that instruction;
b. subject to c. below, a payment instruction which is given before the Cut-off Time for a Banking Business Day will be processed on the same day but if it is given after the Cut-off Time it will be processed on the next Banking Business Day after the instruction is given; and
c. when using the Internet Banking Service,standing orders or direct debits must be cancelled not less than three Banking Business Days before a processing date, failing which the cancellation will not apply until the next processing date. If You wish to cancel a standing order or direct debit which is due for processing in less than three Business Banking Days from the proposed date of cancellation, You should do so using the Telephone Banking Service or through Your Account Holding Branch. - You are responsible and liable for all instructions authorised by a User's use of their Internet Security Information or Telephone Security Information or undertaken by another person with a User's knowledge or consent.
- If:
a. a User's Internet Security Information or Telephone Security Information becomes known (or You suspect it has become known) to anyone other than the User;
b. You become aware that a User's computer which the User uses to access and use the Internet Banking Service in respect of an Account is lost, stolen or fraudulently accessed;
c. You become aware of any unauthorised transaction or error on an Account using the Telephone Banking Service and/or the Internet Banking Service; or
d. You think someone else has or may try to access an Account - You must immediately (a) change Your Internet Security Information by using the "Change Password" and "Change Answers" sections within the "Administration Centre" of the Internet Banking Service and/or, where relevant, (b) change Your Telephone Security Information by calling Us immediately to select new Telephone Security Information, as appropriate.
Allocation of liabilities
- You are not liable for any losses:
a. where You have not contributed to those losses; or
b. that are caused by the fraudulent or negligent conduct of Our employees or agents; or
c. resulting from unauthorised transactions occurring after You notify Us that a User's Internet Security Information or Telephone Security Information has become known to someone else. You may notify Us either by telephone or in writing in accordance with Clause 38. You may notify Us electronically only if You use the messaging facility in the Internet Banking Service - Where You have contributed in any way to the losses because You have acted fraudulently or negligently, or if You or any Nominated User (deliberately or accidentally) discloses any of Your or their Internet Security Information or Telephone Security Information to someone else and this action constitutes fraud or negligence by You or any Nominated User then You will be liable for all losses so occasioned.
- You will be liable for any loss or damage incurred by another party due to breach of these Terms and Conditions by You or by any Nominated User where such breach constitutes fraud or negligence by You or by any Nominated User and You shall indemnify Us for any such claims made against Us by other parties and for any costs incurred in respect of such claims.
- You acknowledge that, subject to Your rights implied at law which cannot be excluded, We are not liable:
a. for any breakdown or interruption in the Telephone Banking Service and/or the Internet Banking Service due to circumstances beyond Our control or for periods of planned downtime, including, without limitation, for routine maintenance to computing or electronic or other communications equipment;
b. for any breakdown in, interruption or errors caused to a User's computer or computing equipment as a result of using the Internet Banking Service;
c. for the failure of the Telephone Banking Service and/or the Internet Banking Service to perform in whole or in part any function which We have specified it will perform;
d. for any delays or errors in the execution of any transaction or instruction in respect of an Account because of any breakdown or interruption in the Telephone Banking Service and/or the Internet Banking Service due to circumstances beyond Our control;
e. to a party to a payment instruction made by a User who does not receive funds because of a problem with the information provided by the User (for example, where a User provides Us with the wrong account number or the wrong reference);
f. for any delays or errors by other parties (for example, the failure of a financial institution to credit or debit an Account in a timely manner);
g. for any direct or indirect, economic or consequential loss or damage (including, without limitation, foreseeable or direct loss of profit, which arises as a natural consequence from the event or omission giving rise to such claim) suffered by You, any Nominated User or another party;
h. for loss or damage which arises due to the fraud or negligence of You or any Nominated User or through breach of these Terms and Conditions by You or any Nominated User or otherwise through use of the Telephone Banking Service and/or the Internet Banking Service where such use involves fraud or negligence by You or any Nominated User or as a result of Our failure to act or Our delay in acting;
i. for any reliance placed by You or any Nominated User on any part of Our Website or these Terms and Conditions which may have been stored or retained by You or any Nominated User and which may be out of date or otherwise amended (where applicable, in accordance with these Terms and Conditions) at any time and from time to time; or
j. for any losses caused by industrial action (whether or not involving Our employees).
Our Responsibilities
- You acknowledge that, subject to Your rights implied at law which cannot be excluded:
a. We need not act or may delay acting on any instruction given by a User through the use of the Telephone Banking Service and/or the Internet Banking Service (including, without limitation, We may process any instruction on the next Banking Business Day after the instruction is given) where, in Our opinion, there is a good reason for doing so; and
b. We are not liable for any loss or damage caused to You as a result of Our failure to act or for Our delay in acting; and
c. a transaction sought to be made on an Account may be rejected by Us where, in Our opinion, there is a good reason for doing so (including, without limitation, because of lack of funds or because the Account has less than the required minimum balance) in which circumstances We will advise You of the reason for such a decision as soon as is practicable in the circumstances; and
d. a transaction sought to be made on an Account may be rejected by Us where any Limit would be breached if it were actioned; and
e. We may reverse the linking of an Account to the Telephone Banking Service and/or the Internet Banking Service for any reason (including, without limitation, because the relevant Account has been closed). - You acknowledge that the correctness of information about an Account which a User obtains through the Telephone Banking Service and/or the Internet Banking Service is subject to checking by Us as part of Our normal procedures and reflects the entries that have been posted to the relevant Account at the time the information is obtained.
Changes by Us
- We may at any time, for any valid reason set out in Clause 25 below:
a. introduce a fee or charge relating to the Telephone Banking Service and/or the Internet Banking Service and/or vary the amount, frequency or time for payment of any fees or charges relating to the Telephone Banking Service and/or the Internet Banking Service;
b. make any change to these Terms and Conditions;
c. amend or update Our Website from time to time. (This may mean that at any one time a stored or retained copy of any of the pages or these Terms and Conditions may be out of date.); and
d. withdraw the Telephone Banking Service and/or the Internet Banking Service. You acknowledge that We are not liable for any loss suffered as a result of the withdrawal of the Telephone Banking Service and/or the Internet Banking Service. - If We introduce fees or charges or increase fees or charges for the Telephone Banking Service and/or the Internet Banking Service We will notify You by at least one of the following methods: (1) in writing; or (2) by email (which, for Users of the Internet Banking Service, includes the electronic messaging facility which is part of the Internet Banking Service); or (3) by telephone, in all cases at least 30 days before the change takes effect. We will notify You if there is a complete withdrawal of the Telephone Banking Service and/or the Internet Banking Service by writing to You (which for Users of the Internet Banking Service, may be via e-mail including the electronic messaging facility which is part of the Internet Banking Service) at least 30 days before the Telephone Banking Service and/or the Internet Banking Service is withdrawn. If a change in Our reasonable opinion is to Your disadvantage, We will notify You by writing to You (which for Users of the Internet Banking Service , may be via e-mail including the electronic messaging service which is part of the Internet Banking Service) at least 30 days before it comes into effect (unless the law requires a more immediate change). We may make any other change immediately and notify You about it by writing to You or by advertisement in the national press and for Users of the Internet Banking Service , by putting a message on Our Website or by e-mail (including the electronic messaging facility which is part of the Internet Banking Service), in all cases within 30 days of the change taking effect. If You or any Nominated User continue to use the Telephone Banking Service and/or the Internet Banking Service after any of the changes set out in Clause 23 (a), (b) or (c) take effect, it will mean that You and such Nominated User have agreed to the change.
- The changes referred to in Clause 23 will be made for one or more of the following reasons:
a. by agreement with You;
b. to reflect the introduction or development of new systems, methods of operation, services or facilities;
c. to reflect a change or an expected change in market conditions, general banking practice or the cost of providing Our services to Our customers;
d. to conform with or anticipate any changes in the law or taxation, or codes of practice or recommendations of the Financial Services Authority or other regulatory body;
e. to ensure that Our business is run prudently and remains competitive;
f. to take account of a ruling by a court, ombudsman, regulator or similar body;
g. to make the Terms and Conditions fairer or clearer for You ;
h. to enable Us to harmonise Our banking, interest or charging arrangements;
i. to rectify any mistake that might be discovered in due course; or
j. for any other valid reason. - If We have made a major change or a lot of minor changes in any one year, We will give you a copy of the new Terms and Conditions or a summary of the changes.
Right of Cancellation
- You have a right to cancel this agreement once the Terms and Conditions have been accepted by You in accordance with Clause 2 and Clause 3 above. The period in which You can cancel this agreement begins on the day after You have accepted these Terms and Conditions in accordance with Clause 2 and/or Clause 3 above and ends 14 days after this date. During this period You may cancel the agreement between Us and You in respect of:
a. the Telephone Banking Service and the Internet Banking Service; or
b. the Internet Banking Service; or
c. the Telephone Banking Service (if You are not also at that time registered for the Internet Banking Service )
by giving written notice to Us in accordance with the terms of Clause 38. This agreement will be cancelled under this Clause when we receive notice of cancellation from You . There will be no charge for such cancellation. If You do not cancel this agreement, then, subject to these Terms and Conditions, You will be entitled to use the Telephone Banking Service and/or the Internet Banking Service and will be bound by these Terms and Conditions.
Termination
- You may end the agreement between Us and You in respect of:
a. the Telephone Banking Service and the Internet Banking Service; or
b. the Internet Banking Service; or
c. the Telephone Banking Service (if You are not also at that time registered for the Internet Banking Service
at any time by giving written notice to Us in accordance with the terms of Clause 38. We may end the agreement between Us and You in respect of the Telephone Banking Service and/or the Internet Banking Service at any time by giving You at least 30 days notice. - We may also terminate the agreement between Us and You in respect of the Telephone Banking Service and/or the Internet Banking Service immediately where there is a justifiable, financial or legal reason for Us to do so, for example, if:
a. You or a Nominated User acts, or is suspected of acting fraudulently or with negligence;
b. You or a Nominated User significantly breaches, or threatens to breach significantly these Terms and Conditions; or
c. We suspect that there is a threat to the security of Our systems. - If a User does not use the Internet Banking Service for 12 months in respect of any of the Accounts of an Account Holder, We may end the agreement between Us and You in respect of the Internet Banking Service without notice to You.
Personal Information
- In the event of unauthorised use of the Telephone Banking Service and/or the Internet Banking Service We may disclose any relevant information to the appropriate authorities and You and any Nominated User agree to assist Us and such authorities.
- These Terms and Conditions (including Clause 31) shall not, however, operate to limit or reduce the extent of any prior or future data processing notices and/or consents which You have given or which You may give to Us in respect of the use and disclosure of Your information.
Cash Advances
- When using the Telephone Banking Service and/or the Internet Banking Service, transactions instructed by You and any Nominated User for payment of bills from any of Your credit card or charge card accounts will be treated as cash advances and charged in accordance with the terms and conditions (and current tariff where applicable) relating to Your credit/charge card agreement which have been provided to You. The only other charges for using the Telephone Banking Service and/or the Internet Banking Service will be Your standard Account charges charged in accordance with the terms and conditions (and current tariff where applicable) relating to Your Account which has been provided to You.
General
- We will have available for You upon request information on Our current interest rates, fees and charges.
- In the event that any provision of the Terms and Conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provisions.
- This agreement (including the Terms and Conditions) and the transactions contemplated by this agreement are governed by and construed in accordance with the law of Scotland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Scottish courts. The law of Scotland is taken by Us as the basis for the establishment of relations with You prior to the conclusion of this agreement.
- You acknowledge that other taxes or costs may exist through the use of the Telephone Banking Service and/or the Internet Banking Service that are not paid via Us or imposed by Us.
Notices
- Notices, certificates, consents, approvals and other communications in connection with these Terms and Conditions should be given in writing or by telephone (where permitted under the Terms and Conditions) unless:
a. otherwise specified in these Terms and Conditions; or
b. We otherwise determine.
Such notices, certificates, consents, approvals and other communications (including any notice of cancellation in terms of Clause 27) can be given to Us in writing by post to 24 Hour Banking, Freepost SCO 1900, Dunbartonshire, G81 2NR, or by facsimile message to 0141 957 5509. You may also notify Us electronically, but for security reasons, You may only do so by using the electronic messaging facility which is part of Our Internet Banking Service.
Such notices, certificates, consents, approvals and other communications can be given to Us by telephone (where permitted under the Terms and Conditions) using Our Telephone Banking Service. For the avoidance of doubt, notice of cancellation in terms of Clause 27 may only be given in writing - Communications to Us may be provided by a User using the Telephone Banking Service and/or the Internet Banking Service.
- A communication is deemed to be sent from where the sender has its place of business and is deemed to be received where the recipient has its place of business. For the purposes of this Clause 40:
a. if the sender or recipient has more than one place of business, the place of business is the sender's or recipient's principal place of business; and
b. if the sender or recipient does not have a place of business, the place of business is the sender's or recipient's usual place of residence.
c. the date of receipt of a notice given by You to Us is deemed to be the date of actual receipt by Us and is deemed to take effect from 5pm on the business day after the date of actual receipt
GOOD BANKING
We are fully committed to the aims of the Banking and Business Banking Codes whose governing principles are to treat Customers fairly and reasonably, to help Customers understand how their accounts operate and give them a better understanding of banking services and to maintain confidence in the security and integrity of banks. Copies of the Banking and Business Banking Codes are available on request at any of Our branches and on Our Website www.CBonline.co.uk.
Clydesdale Bank PLC is authorised and regulated by the Financial Services Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS.
Clydesdale Bank PLC is a member of National Australia Bank Group.
Clydesdale Bank PLC is a member of the Financial Ombudsman Service.
FINANCIAL SERVICES COMPENSATION SCHEME
Clydesdale Bank PLC is a member of the Financial Services Compensation Scheme established under the Financial Services and Markets Act 2000. In respect of deposits with a UK office where that office is unable to satisfy claims, payments under the Scheme are limited to 100% of the first £2,000 of a depositor’s total credit balances with the bank and 90% of the next £33,000, resulting in a maximum payment of £31,700. Most depositors, including individuals and small firms, are covered. The Scheme covers deposits made with the offices of the bank within the European Economic Area and deposits denominated in all currencies are treated alike. Further details of the Scheme are available on request or can be obtained from www.fscs.org.uk.
TELEPHONE CALLS
We draw to Your attention that We may record or monitor telephone calls in order to ensure security for Our customers and Our staff and to help maintain service quality.
PART 4
Terms and Conditions for the Telephone Banking Service
In addition to the "General Terms and Conditions for both the Telephone Banking Service and Internet Banking Service " set out in Part 3, the following also apply to the Users of the Telephone Banking Service.
Use of the Telephone Banking Service
- The Telephone Banking Service applies to all Accounts of the Account Holder with Us and may include current, savings, mortgage, loan and credit card accounts.
- Once:
a. You have selected Your Telephone Security Information; and
b. You have accepted these Terms and Conditions; and
c. You have accessed the Telephone Banking Service by entering Your Customer Number, Unique Registration Reference Number and Telephone Security Information
We will register You as a User of the Telephone Banking Service. - It is Your responsibility to use other means of effecting transactions and giving and obtaining information if for any reason the Telephone Banking Service is unavailable for use or malfunctioning. Other means include, for example, Our Internet Banking Service.
- We may ask You to change Your Telephone Security Information for operational or security reasons. You shall do so if We ask You to.
Nominated Users and the Telephone Banking Service
- Once a Nominated User has:
a. selected their Telephone Security Information;
b. accepted these Terms and Conditions; and
c. accessed the Telephone Banking Service by entering their Customer Number, Unique Registration Reference Number and Telephone Security Information
We will register the Nominated User as a User of the Telephone Banking Service in accordance with these Terms and Conditions and the Nominated User agrees to be bound by these Terms and Conditions. - You and any Nominated User may call Us every day of the year.
- We will try to carry out any instructions immediately. If We cannot, We will carry them out as soon as We can, usually on the next Banking Business Day.
- You and any Nominated User will not create any borrowing by using the Telephone Banking Service unless such borrowing has been previously agreed by Us.
PART 5
Terms and Conditions for the Internet Banking Service
In addition to the "General Terms and Conditions which apply to both the Telephone Banking Service and the Internet Banking Service" set out in Part 3 and the " Terms and Conditions for the Telephone Banking Service" set out in Part 4, the following also apply to Users of the Internet Banking Service.
Use of the Internet Banking Service
- Once:
a. You have accepted these Terms and Conditions; and
b. You have accessed the Internet Banking Service by entering Your Customer Number, Account number, sort code, Access Code Number and the initial Internet Password issued to You using the Telephone Banking Service; and
c. You have selected a different Internet Password and Your three Security Questions And Answers which are to be used to access the Internet Banking Service
We will register you as a User of the Internet Banking Service. - Once a User is registered, the User may use the Internet Banking Service in accordance with these Terms and Conditions.
- Access to the Internet Banking Service will be denied to a User if the User enters incorrect Internet Security Information on three consecutive occasions. If this occurs then You should contact Our Internet Banking Helpdesk on 08456 01 18 01.
- It is Your responsibility to use other means of effecting transactions and giving and obtaining information if for any reason the Internet Banking Service is unavailable for use or malfunctioning. Other means include, for example, Our Telephone Banking Service.
- If You use an account aggregation service (which is a service which allows You to obtain details of all Your on-line accounts (whether such accounts are with Us or otherwise) and other information from one website (which website does not form part of the Internet Banking Service)), You will be in breach of Clause 12 of these Terms and Conditions (and possibly also other terms and conditions which apply to Your Account). You may therefore be liable for any fraud or mistakes that happen on Your accounts as a result. We will not be liable for any such fraud or mistakes.
- It is a condition of use of Our Website that You accept the “Rules of Use” which are displayed on Our Website as amended from time to time.
Nominated Users and the Internet Banking Service
- Once a Nominated User has:
a. accessed the Internet Banking Service by entering the Customer Number, Account number, sort code, Access Code Number and Internet Password issued to the Nominated User using the Telephone Banking Service; and
b. selected a different Internet Password (which password shall not knowingly be the same as any other User's Internet Password in relation to the Account or Accounts of such other User) and three Security Questions And Answers which are to be used to access the Internet Banking Service
We will register the Nominated User as a User of the Internet Banking Service in accordance with these Terms and Conditions and the Nominated User agrees to be bound by these Terms and Conditions.
Allocation of Liabilities
- Subject to Clauses 18 and 19, You are only liable to pay a maximum of £50 for any losses resulting from unauthorised transactions on an Account using the Internet Banking Service.