Terms and Conditions for use of Lloyds Commercial Currency Internet Banking Service ("The Service")
Please read these Terms and Conditions carefully.
These Terms and Conditions set out the rights and obligations of you, the Business,
and ourselves, the Bank, in connection with your use of the Service.
These Terms and Conditions are legally binding so please read them through carefully
before you agree to them.
These Terms and Conditions:
-
replace all earlier terms and conditions relating to the Service except where we
advise you otherwise; and
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are in addition to the mandate`s terms and conditions that apply:
- to the individual accounts you may be accessing through the Service;
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to the transactions you can authorise on those accounts through the Service. If
there is a conflict between these Terms and Conditions and any other relevant terms
and conditions, these Terms and Conditions will prevail; and do not replace any existing terms and conditions relating to other services or any
mandate to operate your account.
1.
DEFINITIONS: THE MEANING OF SOME WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS
1.1
Some words and expressions used in these Terms and Conditions have particular meanings
as follows:
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Authorised User(s)/User (s) means any individual who has completed the online
registration process by providing to the Bank their full name, a Business Group
Code, a Password, Memorable Information, their business e-mail address and the user
type for which they are to receive authorisation and who has been approved by the
Business in the manner agreed between the Business and the Bank and who has been
confirmed by you as one of the following types of user:
Inputter: -is able to view information and account statements, input and
amend instructions that have been referred back to them, but not check or release
payment instructions. An Inputter is able to initiate and view electronic messages
within the Secure Message Facility. Messages sent through the Secure Message Facility
generated by this class of user will require checking and verification by a Checker
before being submitted to the Bank.
Checker: -is able to view information and account statements, check or refer
payment and Secure Message instructions initiated by authorised Inputters. Once
checked these become available to the Releaser.
Releaser: -is able to view information and account statements, release or
refer payment and Secure Message instructions once approved by an authorised checker.
An individual can only be allocated one of the user types indicated above within
the Service at any given time.
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Biometric information means physical human characteristics used to digitally identify
a person to grant access to the Service, devices or data. For example fingerprint when using Touch ID.
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Business means the entity whose details are registered for the Service whether
it is a limited company, limited partnership, limited liability partnership or an
ordinary partnership.
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Business Group Code is a bank reference whereby the Bank groups all of the
accounts of the Business which are required to be accessible through the Service.
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Correspondent Bank is a bank in one country that acts as an agent for a bank
in another country e.g. in the transmission of funds.
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Country means each state or territory, or subdivision thereof, having a separate
jurisdiction including for these purposes the Crown dependencies of Jersey, the
Bailiwick of Guernsey and the Isle of Man.
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Electronic Message means a message sent electronically by an Authorised User
using the electronic messaging tool within the service.
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Eligible/Your Account means all accounts whether in the name of the Business
and/or its clients which are attached at any given time to the Business Group Code
allocated to the Business.
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Exchange Rate is the rate at which one currency may be exchanged against
another.
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Group account means collectively the accounts of the Business which are created
and linked within our Globus information system to enable the Business to use the
Service.
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Lloyds Banking Group, which includes us and a number of other companies using
brands including Lloyds Bank International, Lloyds Bank, Halifax and Bank of Scotland, and their associated
companies. More information on the Lloyds Banking Group can be found at www.lloydsbankinggroup.com. For these purposes "associated
companies" includes Lloyds Banking Group plc and any subsidiary, affiliate or other
firm directly or indirectly controlled from time to time by either Lloyds Banking
Group plc or us.
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Memorable Information means the information selected by you and agreed between
you and us for the Service that may be used to confirm your identity whenever you
use the Service.
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Normal Banking Hours refers to the office hours of the Bank in London UK,
which are 9am to 5pm GMT, Monday to Friday (excluding days that are not Working
Days).
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Password means the secret word of at least eight characters using a combination
of alpha and numeric characters agreed between you and us for the Service that is
used to confirm your identity whenever you use the Service.
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Secure Message Facility enables you the User to send and receive secure electronic
messages via the Service.
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Secure Messages are messages sent or received via the Secure Message Facility.
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Security Tokens means collectively and individually the Password, Memorable
Information, additional payment verification answers and the User ID agreed between
you and us that are used to identify Authorised Users whenever they use the Service.
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Service means the service provided by us that enables you, the Business,
to use a computer or other device to access our online platform to obtain information
and also to give us requests.
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Service Software means any software supplied to you whenever you access the
Service and any other software we supply to you for this purpose from time to time.
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User Guidance means the guidelines we provide from time to time in connection
with your operation of the Service. Such guidance may be issued (but not limited
to):
- in hard copy form (for example, in a user manual or by letter);
- spoken guidelines (through any technical helpdesks which may be provided); and,
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in any message sent to you through, or on any online help service available as part
of the Service (including the Service Helptext).
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User ID means an alpha numeric user name, unique to each individual customer
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We/us/our/Bank refers to Lloyds Bank Corporate Markets plc.
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Website means www.lloydsbank.com/islands/commercial.html
or any other URL we tell you about.
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Working day means any day except a Saturday, Sunday, or a public holiday
or bank holiday in the Country in which your account(s) are held.
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You/your means the Business which becomes registered with us for the use
of the Service.
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Your System means the electronic equipment used by you to access the Service.
2.
THE ACCOUNTS ON WHICH YOU MAY USE THE SERVICE 2.1.
By agreeing to these Terms and Conditions, you agree that the Service will be available
to any Authorised User who is authorised by the Business in accordance with these
Terms and Conditions on all eligible accounts in your name with us whether open
now or opened in the future. The Service cannot be used on some types of accounts
and we will advise you on request as to which accounts are eligible.
2.2.
Unless specifically requested by you in writing to the contrary; all present and
future accounts for the Business shall be automatically attached to the Business
Group Code. This will include accounts both in the name of the Business and those
in the names of its present and future clients. All such accounts will be immediately
accessible to any Authorised Users through the Service. The Bank will supply you
with a full list of all eligible accounts attached to the Business Group Code upon
written request.
2.3.
In order to use the Service, you must:
2.3.1.
be a properly constituted company, limited partnership, limited liability partnership
or ordinary partnership established in the jurisdiction whose laws govern these
Terms and Conditions or in such other jurisdiction as you specify to
us. By signing these Terms and Conditions you confirm that you are properly constituted and
established in your jurisdiction;
2.3.2.
meet our registration requirements and register with us for use of the Service;
2.3.3.
have authority to bind the Business and agree on behalf of the Business to these Terms and Conditions.
3.
FOLLOWING OUR USER GUIDANCE 3.1.
User Guidance will be made available to you on the operation of the Service. This
guidance will be within viewable screens within the Service. User Guidance will
cover (among other things) the time when the Service is available, how to access
and operate the Service, what you can and cannot do within the Service and the time
it usually takes to carry out particular types of transaction using the Service.
You must ensure that Authorised Users, follow all the relevant User Guidance whenever
Authorised Users access and operate the Service.
3.2.
We may inform you from time to time about changes to the way Authorised Users access
or operate the Service; Authorised Users must comply with any such changes.
3.3.
It is the responsibility of Service Administrators to revoke the User accounts of
Authorised Users should they leave the employment of the Business.
4.
YOUR RESPONSIBILITIES FOR SECURITY 4.1.
You must ensure:
4.1.1.
that only Authorised Users are able to access the Service, to view accounts, make
payments and/or issue instructions; and
4.1.2.
that Authorised Users keep strictly to the security procedures outlined in these
Terms and Conditions.
Types of Authorised User and applying for Authorised User status
4.2.
Before an Authorised User is able to access the Service they must complete the on-line
part of the registration process following the guidance given on screen.
4.3.
The Authorised User must enter their Password and Memorable Information whenever
they seek to access the Service.
4.4.
The Bank will agree a process with you whereby you confirm that an individual is
suitable for the type of user status for which they apply in their online registration.
The Bank will not allow theindividual to access the Service until such confirmation
has been obtained from you.
Safeguarding your Security Tokens
4.5.
We will ask you/Authorised Users to confirm your identity when you log on and before
we can accept any instructions you give us through the Service. We may also rely
on some of the security functions on the devices used to access the Service, such as
location data and biometric tools. From time to time we may apply additional security
checks to help confirm your/Authorised Users' identity.
4.6.
In connection with an Authorised User`s Security Tokens:
4.6.1.
Authorised Users must change their Security Tokens each time the Service requires
them to do so. Authorised Users must not choose a Security Token they have used
at any time before;
4.6.2.
Whenever Authorised Users choose a Password, they must take care not to choose a
word or number that is likely to be guessed by anyone trying to access the Service
pretending to be them: for example, they should avoid their own or a relative`s
birthday, a child`s name or initials, or any part of their telephone number;
4.6.3.
Authorised Users must take all reasonable steps to ensure that all Security Tokens
stay secret. They must not disclose details of any Security Token to someone else,
even to other Authorised Users, or to a Bank staff member, or to someone giving
assistance on a technical helpdesk in connection with the Service;
4.6.4.
Authorised Users must not record any of their Security Tokens in a way that could
make them recognisable to someone else.
4.6.5.
If an Authorised User discovers, or suspects that their Password, Memorable Information
or any Security Token is known to someone else, the Authorised User or the Business must
notify us, by telephoning us as soon as possible on 01539 871570 (Lines are open
from 09:00 - 17:00 Mon to Fri UK time) or on any other number provided to you or
the Authorised User from time to time for this purpose. The Authorised User must also
immediately change the Security Token through the Service.
4.6.6.
If it is not possible for the Authorised User to change their Security Token, the Authorised User
or the Business must notify us when telephoning as required by clause 4.6.5 above. We will suspend
that Authorised User's access to the Service until new Security Tokens have been set up for them.
4.6.7.
You / Authorised Users must ensure that the only Biometric Information registered on any devices used
to access the Service is that of the relevant Authorised User and no other person's.
We will never phone, text or email you or an Authorised User asking for your Password or Memorable Information.
Checking your statements
4.7.
If the Business or an Authorised User becomes aware of any transaction on any account
that has not been validly authorised by an Authorised User, you must notify us immediately
by telephoning us on the number advised in the User Guidance (or on any other number
provided to you from time to time for this purpose). We will act upon telephone
instructions from an Authorised User of the Business, which must later be confirmed
in writing. The Business must check any bank statements we send within a reasonable
time of receipt and notify us immediately of any errors.
Other security safeguards
4.8.
Authorised Users must not allow anyone else to operate the Service on their behalf.
4.9.
Authorised Users must not leave their System unattended while they are online to
the Service.
4.10.
Authorised Users must not access the Service from any computer connected to a local
area network (LAN) without first making sure that no one else will be able to observe
or copy their access or get access to the Service pretending to be them. The Business
is responsible to ensure that this requirement is met within their organisation.
4.11.
The Business and Authorised Users must comply with any other requirements designed
to protect the security of the Service that are set out in the User Guidance or
notified to the Business or to Authorised Users in any other way.
4.12.
The Business is responsible for ensuring that all Authorised Users and their designation
as a particular type of Authorised User remain valid. The Business agrees to immediately
advise the Bank as soon as they become aware that an Authorised User is no longer
valid or has a degree of service functionality no longer deemed appropriate. The
Business agrees to respond promptly to any Bank requests, in any form, requiring
confirmation or validation of Authorised Users and or their levels of functionality
within the Service.
5.
YOUR AUTHORITY TO US TO CARRY OUT AUTHORISED USER REQUESTS
5.1.
You agree that the use of the Security Tokens is adequate to identify Authorised
Users. We are entitled to act on all electronic requests given via the Service,
without obtaining any further written or other confirmation from you and even if
those requests are not actually given or authorised by an Authorised User.
Business liability for unauthorised requests
5.2.
You will not be responsible, nor have any liability, for any request that is not
authorised by you but is given using an Authorised User`s Security Tokens if:
5.2.1.
subject to Clause 5.3 below, the request is given after you have notified us that
you have discovered or suspect that any of an Authorised User`s Security Tokens are known
to someone else in accordance with Clause 4.6.5; or
5.2.2.
the relevant Security Tokens have become known to the person giving the unauthorised
request as a result of negligence or wilful default on our part.
5.3.
If an Authorised User`s Security Tokens are used to give unauthorised requests purporting
to come from such Authorised User, and you or they have given us notification that
their Security Tokens are known or might be known to someone else in accordance
with Clause 4.6.5, then your liability will be limited to the first £50 of
any resultant loss unless:
5.3.1.
you or the Authorised User have acted fraudulently (in which case you will be liable
for all of the loss); or
5.3.2.
you or the Authorised User have failed to comply with the security procedures in
Clauses 4.6 to 4.12 inclusive or have otherwise acted with negligence (in which
case we may, at our discretion, hold you liable for all the loss).
5.4.
You will be liable for instructions given using Authorised Users` Security Tokens
in all other cases.
Acting on Authorised User requests
5.5.
Authorised Users must not use the Service to create an unauthorised overdraft on
any of your eligible accounts and we are entitled to refuse to accept a request
that would do so. If an unauthorised overdraft is created, we may take any action
we think fit and charge any interest and charges to the account in question (in
line with the terms and conditions of that account). You agree that:
5.5.1.
it is your responsibility to make sure that no unauthorised overdrafts are created;
and
5.5.2.
you must not rely on the operation of the Service to prevent an unauthorised overdraft
being created. In particular, you must remember that any Visa Debit Card request
(if applicable) and any payment request an Authorised User has given via the Service
might take time to clear and might not always be reflected immediately in the balance
of an account.
5.6.
When we receive a payment request from you through the Service, we will be entitled
to debit the payment plus any charges payable for the transaction from the account
you have specified. Once you have given a request through the Service, you will
not be able to reverse it. We will be under no obligation:
5.6.1.
to reverse a request you have given; or
5.6.2.
to accept a request that is conditional or reversible; or
5.6.3.
to accept a request that does not give us sufficient information to put that request
into effect or is incomplete or inaccurate; or
5.6.4.
which requires us to pay a third party sooner than we would be able to pay them
following our normal banking practices;
and we will accept no responsibility for any delay in processing your request as
a result.
5.7.
However, if you do ask us to reverse a request after you have given it, we may in
our absolute discretion try to do so to the extent that this is possible under any
applicable rules and practices. You will be responsible for any costs incurred by
us as a result and for any loss arising from foreign Exchange Rate movements where
cross currency rates apply.
5.8.
We may, when we believe we are justified in doing so:
5.8.1.
refuse an application for registration to the Service; or
5.8.2.
refuse to grant access to an account requested by an Authorised User; or
5.8.3.
refuse to carry out a request given via the Service; or
5.8.4.
insist on written confirmation from the Business of a particular request; or
5.8.5.
insist on clarification as to the nature and purpose of any payment instruction
given via the Service. We may require such clarification to be in writing and or
supported by copy documentation which we may or may not require to be suitably certified.
5.8.6.
make additional security checks before acting on a particular request.
If we come to believe that a request may not have been properly authorised by you,
we will be entitled, after making reasonable efforts to check whether it was properly
authorised, to refuse to act on that request and to take steps to reverse any action
already taken on the basis of that request and we will not be responsible for any
loss to you that results from such a refusal or reversal.
5.9.
A transaction may not always be processed immediately upon a request for it being
given. Time may be required for some requests to be processed and certain requests
may only be processed during Normal Banking Hours even though the Service may be
operational outside such hours. We will not be liable for any loss to you that results
from any reasonable delay in processing requests.
5.10.
You provide us with data, information, instructions and messages at your own risk.
You will ensure that all data transmitted to us for or in connection with the Service
is correct and complete. You must notify us immediately about any errors, discrepancies
or omissions.
5.11.
You must honour your settlement and other legal obligations with respect to requests,
payments and transactions effected through the Service.
6.
CHANGES TO OPERATING TIMES OR DISRUPTIONS 6.1.
The Service will usually be available for use at the times given in the User Guidance
or displayed on relevant screens within the Service or at other times notified to
you
6.2.
You accept, however, that routine maintenance requirements, excess demand on the
systems and circumstances beyond our control may mean that it is not always possible
for the Service to be available during the normal operating hours.
6.3.
In connection with the Service, we are entitled at any time to:
6.3.1.
change the mode of operation or the facilities available; or
6.3.2.
end the Service.
6.4.
If we decide to end the Service or withdraw facilities available through the Service,
we will give you 30 days notice, or whatever shorter notice period may be reasonable
in the circumstances.
7.
LLOYDS BANK CORPORATE MARKETS PLC COMMERCIAL INTERNET BANKING SERVICE: THE SOFTWARE AND HARDWARE
Software Compatibility
7.1.
Each time you access the Service, it may automatically provide Your System with
the Service Software necessary to enable you to access and operate the Service.
Alternatively the Service Software may be supplied to you in some other way. It
is your responsibility to ensure that the Service Software that is supplied to you
is compatible with any computer or other device from which you access the Service
and any software on that computer or other device.
Protecting against viruses
7.2.
You must take all reasonable practicable measures to ensure that any computer or
other device through which you access the Service is free of any computer virus
and will not interrupt nor impair the operation of the Service and is adequately
maintained in every way. The Service can be accessed through the Internet, a public
system over which we have no control. You must therefore ensure that any computer
or other device you use to access the Service is adequately protected against acquiring
a virus.
7.3.
We may use software and other technology to help us identify you and to detect viruses
or suspicious software (malware) on the device you use to access the Service.
If we detect these things we may suspend, restrict or block your access to the Service
or the use of your security details and Security Tokens. If this happens, you may not
be able to access some or all of our services again until you have removed the viruses or malware.
Using other people`s computers
7.4.
You must not and you must not allow an Authorised User to access the Service using
any computer or other device which you do not own unless you or the Authorised User
have first obtained the owner`s permission. If you or an Authorised User breaks
this rule, you must compensate us for any loss we suffer as a result and we shall
not be liable for any loss suffered by you as a result.
Access through third party services
7.5.
We shall not be responsible for:
7.5.1.
any services through which you or an Authorised User access the Service that are
not controlled by us; and
7.5.2.
any loss you may suffer as a result of your or an Authorised User using such a service.
You must comply with all the terms and conditions of such a service and pay all
the charges connected with it.
7.6.
If you or an Authorised User access the Service from a Country other than Jersey
or the Bailiwick of Guernsey or the Isle of Man, you are responsible for complying
with the local laws of that country, including obtaining any licence needed for
the import of the Service Software (and in particular, the encryption software which
it contains) into that Country.
7.7.
We shall each be responsible for protecting our own computers and/or networks from
being affected by viruses, worms, etc, and neither of us shall be liable to the
other for any negligent introduction on its part of any virus, worms, etc into the
computers and/or networks of the other.
7.8.
If you become aware of any unauthorised use of the Service Software, you shall notify
us immediately on the number provided in the User Guidance (or any other number
provided to you from time to time for this purpose).
8.
ELECTRONIC MESSAGING 8.1.
We shall be entitled (but not obliged) to rely on Electronic Messages as conclusive
evidence of:
8.1.1.
the accuracy of the Electronic Message; and
8.1.2.
the Electronic Message having been made with your express authority, without the
need for any verification or investigation by the Bank.
8.2.
Both you and we are aware that the electronic transmission of information cannot
be guaranteed to be secure or error-free and that such information could be intercepted,
corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely
affected or unsafe to use. Each of us accepts the risk of the corruption, loss of
or delay affecting any Electronic Message sent by it and except in the case of your
or our own fraud, you or we respectively will not be liable to the other for any
damage or loss caused to or suffered by the other for any such corruption, loss
or delay. If an Electronic Message relates to a matter on which either of us wishes
to rely, you or we (as the case may be) may (but shall not be obliged to) request
a hard copy of such Electronic Message from the other.
8.3.
The Service requires that all Electronic Messages are generated by an Authorised
User with Inputter status and checked by Authorised Users both with a Checker and
Releaser status.
8.4.
You are responsible for ensuring all Authorised Users and any other person authorised
to give instructions to us on your behalf comply with all requirements for sending
Electronic Messages within the Service.
9.
THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE
9.1.
Subject to Clause 9.2 and 9.4, we are not liable for any loss or damage to you
as a result of making the Service available to you, unless our negligence or our
deliberate default directly causes the loss or damage. Examples of circumstances
in which we will not be liable to you for loss or damage resulting to you through
the use of the Service include (but are not limited to):
9.1.1.
acting on a request given using your Security Tokens but which was not in fact authorised
by you (the circumstances set out at Clauses 5.2 and 5.3, are exceptions to this
rule);
9.1.2.
any incompatibility between Your System and the Service;
9.1.3.
any machine, system or communications failure, industrial dispute or other circumstances
beyond our reasonable control that leads to the Service being totally or partially
unavailable, to any failure, delay or interference with the transmission of requests
and/or notifications given via the Service or to requests given via the Service
not being acted upon promptly or at all;
9.1.4.
your relying on any financial information provided as part, or by means, of the
Service;
9.1.5.
the currency, accuracy or completeness of any information provided to you by the
Service or your relying on any financial information provided as part, or by means,
of the Service.
9.1.6.
any misuse of Your System by yourself or anyone else;
9.1.7.
any access to information about your accounts that is obtained by a third party
as a result of your using the Service (except where that access is obtained as a
result of our negligence or deliberate default); and/or
9.1.8.
any damage or loss to Your System caused by the Service Software
9.2.
If we are liable for any loss or damage to you as a result of your use of the Service,
we shall only be liable for loss or damage that, in the ordinary course of events,
might reasonably be expected to result from the circumstances in question. We are
not liable for any consequential or indirect loss or damage, nor any loss of profits,
business, goodwill, revenue or anticipated savings or loss or corruption of data
or any form of special damages whatsoever and howsoever arising and whether such
liability was reasonably foreseeable or not and whether or not we have been advised
of the possibility of such loss being incurred. This applies even when the loss
or damage results from negligence or deliberate default on our part.
9.3.
The Service has no facility
for you to let us know that it is especially important to you that a transaction
is carried out by a particular time. If you need to know whether or not a request
has reached us and whether it will be carried out by a particular time, you must
speak to a member of our staff at the branch at which Your Account is maintained.
9.4.
Nothing in these Terms and Conditions excludes our liability for personal injury,
death or any fraudulent misrepresentation.
9.5.
Any and all additional limitations and/or exclusions of liability contained or referred
to in the terms and conditions that apply (a) to the individual accounts you may
be accessing through the Service and (b) to the transactions you can authorise on
those accounts through the Service shall continue to apply to such accounts and
transactions and shall not be prejudiced by these Terms and Conditions.
10.
BREACH OF THESE TERMS AND CONDITIONS 10.1.
If you breach these Terms and Conditions you must compensate us on demand for any
loss and for damage we suffer directly or indirectly as a result of your breaching
any part of these Terms and Conditions.
11.
ENDING YOUR USE OF THE SERVICE 11.1.
You may terminate your right to use the Service at any time, by giving notice to
us in writing or in any other way that we may specify to you from time to time for
this purpose.
11.2.
You may terminate the use of the Service entirely or with respect to a particular
client within your Eligible Accounts. With respect to a specific client you acknowledge
that termination of the use of the Service for such client number will result in
all of that client`s accounts being excluded from the Service. You accept that it
is not possible to exclude a client`s account and allow other accounts in the name
of that same client to remain accessible within the Service. Termination requests
must be received by the Bank in writing and signed in accordance with the governing
account mandate for the Business. You acknowledge and accept that you will be bound
by any properly initiated payments or Secure Messages issued through the Service
in the time between the issue of your written termination request and the Bank implementing
the termination within the Service.
11.3.
We have the right to terminate or suspend your use of the Service at any time upon
giving you at least 30 days notice. However, we may give you a shorter notice period
or none at all if we consider it reasonable and necessary: for example, because
of security concerns in connection with your use of the Service or because we are
concerned that you have used or may use the Service to create an unauthorised overdraft
or otherwise to operate any of Your Accounts in breach of your arrangements with
us.
13.4.
If your use of the Service comes to an end, for whatever reason, this will not affect
any requests you or Authorised Users have already given via the Service if we in
our absolute discretion, decide to complete or implement any such request, nor will
it affect any accrued rights or liabilities of you or the Bank.
12.
ABOUT OUR CHARGES 12.1.
We retain the right:
12.1.1.
to charge you fees and charges for the Service; and
12.1.2.
to change those fees and charges from time to time, by giving you at least 30 days
notice by whatever means we deem most appropriate. If we give you such a notice,
you will not have to pay any proposed increase so long as you cancel your use of
the Service during the 30 day notice period.
12.2.
To avoid any doubt, please note that the reference to fees and charges in this Clause
12 only applies to our charges for providing the Service. It does not apply to any
charges other services we might provide in response to your requests via the Service;
we will be happy to provide you with details of our charges for other services on
request.
13.
OUR RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS
13.1.
We have the right to change these Terms and Conditions at any time by giving you
notice either in writing or via the Service. Your own rights to use the Service
will not be affected by the change until the notice has been sent to you.
13.2.
We will give you 30 days notice of any such change before it takes effect, except
when it has to be shorter in order to protect the security of the Service or in
other circumstances beyond our control in which case we will give you such period
of notice as we consider reasonable in the circumstances. Once you have received
a notice about any change in terms, we will treat your use of the Service after
that as your acceptance of the change (but please remember, you have the right to
end your use of the Service at any time).
14.
THE VALIDITY OF THE TERMS OF THESE TERMS AND CONDITIONS
14.1.
If one or part of these Terms and Conditions proves to be legally invalid or unenforceable
in any way, this will not affect the validity of the remaining terms in any way.
14.2.
We believe the terms of these Terms and Conditions to be fair. If any one, or part
of them proves to be not legally valid or enforceable because it is unfair or for
any other reason, we are entitled to treat that term as changed in a way that makes
it fair valid and enforceable.
14.3.
If one of the terms is unenforceable against one of the customers agreeing to these
Terms and Conditions, this will not in any way affect the enforceability of that
term against the other customers agreeing to these Terms and Conditions.
14.4.
If we relax any of the terms of these Terms and Conditions once, this may be just
on a temporary basis or as a special case; it will not affect our right to enforce
that term strictly again at any time.
15.
COMMUNICATIONS BETWEEN US 15.1.
You and Authorised Users can communicate with us by telephone on the number provided
in the User Guidance within the Service (or any other numbers provided to you or the
Authorised Users for this purpose).
15.2.
Subject to clause 15.3 below, any requests required to be in writing should be sent
to your Relationship Manager or to a postal address, email address or form for contacting
us provided on our Website.
15.3.
Any formal notice in connection with Clause 11.1 and 11.2 should also be confirmed to us
by writing (in hard copy form) to us at Your Account holding branch (or any other address
provided to you from time to time for this purpose). We will not act on a notice
in connection with Clause 11.1 and 11.2 until we receive the written confirmation of such notice from you.
15.4.
Any complaints in connection with the Service should also be directed to us at Your
Account holding branch (or any other address provided to you from time to time for
this purpose).
15.5.
Although communications given via the Service are intended to be secure, electronic
mail is not a completely reliable or secure method of communication and except for
use of the Secure Message Facility you must not use it for sending us:
15.5.1.
notices in connection with these Terms and Conditions; or
15.5.2.
sensitive communications.
15.6.
If we need to send you a notice, we will use the address you have given us most
recently in connection with your bank accounts or, where deemed appropriate, we
may send you a message through the Service. You undertake to read messages sent
to you through the Service.
15.7.
All electronic communications including but not limited to telephone messages, faxes,
e-mails or Secure Messages, will be actioned by the Bank at the next available opportunity
or the next available Working Day.
16.
SERVICE QUALITY: RECORDING YOUR CALLS AND REQUESTS 16.1.
To protect both customers and staff to check we have carried out your instructions
correctly, to access and improve the quality of the Service and to help resolve
any disputes between you and us, you agree that:
16.1.1.
we will keep a record of all requests given via the Service;
16.1.2.
we may monitor that is, record and listen to, calls to our staff in connection with
the Service; and
16.1.3.
we may monitor and record calls to any technical helpdesk used in connection with
the Service.
17.
OUR WEBSITE ADVERTISING 17.1.
From time to time we may advertise our own products or services, and those of other
companies in the Lloyds Banking Group, on the Internet website through which you
access the Service or through the Service itself. If, in connection with other Lloyds
Bank Corporate Markets plc agreements, you have asked us not to send you any marketing material (or if
you do so in the future), you agree that this restriction will not apply to these
electronic advertisements and consent to receiving them when accessing the Service.
18.
INTELLECTUAL PROPERTY RIGHTS 18.1.
The Lloyds Bank International website is protected by copyright and other intellectual property
rights. You acknowledge that we and/or our third party suppliers retain all right,
title and interest in and to the Lloyds Bank International website and that the use thereof does
not confer any ownership rights on you.
18.2.
We grant you a revocable, non-exclusive, non transferable, limited right to access,
use and display the Lloyds Bank International website in accordance with these Terms and Conditions
for the purpose of utilising the Service only.
18.3.
We may change, suspend, terminate, restrict or discontinue the Lloyds Bank International website
(or any part) or any services, information, features or functions accessible via
the Lloyds Bank International website at any time without notice or liability.
18.4.
You will not use or allow the use of the Lloyds Bank International website or the Service in contravention
of any laws, regulations or rules of any regulatory authority to which you are subject.
19.
THE LAW COVERING THESE TERMS AND CONDITIONS 19.1.
These Terms and Conditions will be governed by the law of the Country (or Countries
if more than one) in which the accounts that you access via the Service are held.
All parties agree to submit to the jurisdiction of the courts in that Country in
connection with any dispute. This does not affect our right to pursue our remedies
in the courts of any other jurisdiction that is appropriate.
20.
FORCE MAJEURE 20.1.
We will not be liable for any loss, damage, interruption, delay or non performance
in connection with the Service provider by us caused in whole or in part by events
which are beyond our reasonable control.
21.
YOUR BUSINESS DATA AND PERSONAL DATA AND LLOYDS BANK CORPORATE MARKETS PLC*
21.1
*Business data and personal data
"You/your" means Key Account Parties and Account Parties of the business. In this context
"Key Account Parties" means individuals who are sole traders, partners, directors, company secretaries,
member or beneficial owners, trustees or other controlling officials within the business.
"Account Parties" means individuals (other than Key Account Parties) who have provided their
personal information in connection with the products and services provided to the business by us.
"The business" means the business you are associated with and which is our customer, whether it is a company,
limited liability partnership, partnership, sole trader, or other entity such as a special purpose vehicle, club, charity or trust.
21.2.
CONTACTING US ABOUT DATA PRIVACY.
If you have any questions, or want more details about how we use your personal information,
you can ask your usual bank contact, or Relationship Manager. Our full data privacy notice can be accessed
here.
If you need this communication in another format, such as large print, Braille or audio CD,
please contact us. If you have a hearing or speech impairment, you can use Relay UK.
If you are not satisfied with our response, you can contact our Group Data Protection Officer
on 0345 602 1997 (+44 1733 347 007 from outside the UK).
22.
ASSIGNMENT 22.1.
These Terms and Conditions are for the benefit of us and the members of the Lloyds
Bank group of companies, their successors and assigns. We may assign or transfer
any of our rights, duties and obligations under these Terms and Conditions upon
giving 30 days` written notice to you. We may delegate or sub-contract the performance
of any obligations under these Terms and Conditions.
23.
ELECTRONIC EVIDENCE 23.1.
You agree that any of our logs or records of information placed on or of payment
or transaction requests made via the Service may be admitted in evidence in any
proceedings arising out of your use of the Service and that you will not challenge
the admissibility thereof. Except in the case of manifest error, you agree that
our logs and records relating to the Service and of any payments or transactions
requested or executed through the Service shall stand as conclusive evidence of
the same.
24.
REGULATORY INFORMATION 24.1.
Lloyds Bank International is a trading name of Lloyds Bank Corporate Markets plc, Jersey Branch.
Lloyds Bank Corporate Markets plc registered Office: 25 Gresham Street, London, EC2V 7HN. Registered
in England and Wales no. 10399850. Lloyds Bank Corporate Markets plc in the UK is authorised by
the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the
Prudential Regulation Authority under registration number 763256. Authorisation can be checked on
the Financial Services Register at
www.fca.org.uk.
Services provided by Lloyds Bank Corporate Markets plc, Jersey Branch will be subject to the
regulatory regime applicable in Jersey, which differs in some or all respects from that of the
UK. Further information about Lloyds Bank Corporate Markets plc, Jersey Branch’s regulatory
status is set out below.
The Jersey branch of Lloyds Bank Corporate Markets plc's principal place of business is
9 Broad Street, St Helier, Jersey, JE2 3RR and is licensed by the Jersey Financial Services Commission
to carry on deposit-taking business under the Banking Business (Jersey) Law 1991 and general
insurance mediation business under the Financial Services (Jersey) Law 1998. Lloyds Bank
Corporate Markets plc has also notified the Jersey Financial Services Commission that it carries
on money service business. Lloyds Bank Corporate Markets plc, Jersey Branch, subscribes to the
Jersey Code of Practice for Consumer Lending.
Lloyds Bank Corporate Markets plc, Jersey Branch trading as Lloyds Bank International is a
participant in the Jersey Bank Depositors Compensation Scheme. The Scheme offers protection
for eligible deposits of up to £50,000. Eligible deposits are deposits held by private individuals
and charities. Depositor protection does not extend to corporations, small to medium sized
enterprises, partnerships and trusts. The maximum total amount of compensation is capped at
£100,000,000 in any 5 year period. Full details of the Scheme and banking groups covered are
available on the States of Jersey website www.gov.je/dcs or on request.
The Jersey branch of Lloyds Bank Corporate Markets plc is not and is not required to be authorised
under the Financial Services and Markets Act 2000 of the United Kingdom and therefore is not subject
to the rules and regulations of the Financial Services Compensation Scheme made under that Act for
the protection of depositors.
Lloyds Bank International is a trading name of Lloyds Bank Corporate Markets plc, Isle of Man Branch.
Lloyds Bank Corporate Markets plc's registered Office: 25 Gresham Street, London, EC2V 7HN. Registered
in England and Wales no. 10399850. Lloyds Bank Corporate Markets plc in the UK is authorised by
the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the
Prudential Regulation Authority under registration number 763256. Authorisation can be checked on
the Financial Services Register at www.fca.org.uk.
Services provided by Lloyds Bank Corporate Markets plc, Isle of Man Branch will be subject to the
regulatory regime applicable in Isle of Man, which differs in some or all respects from that of the UK.
Further information about Lloyds Bank Corporate Markets plc, Isle of Man Branch’s regulatory status
is set out below.
The Isle of Man branch of Lloyds Bank Corporate Markets plc, principal place of business
Villiers House, 2 Victoria Street, Douglas, Isle of Man, IM1 2LN, is licensed by the Isle of Man
Financial Services Authority to conduct deposit-taking and is also registered as an insurance
intermediary in respect of general business.
Lloyds Bank Corporate Markets plc, Isle of Man Branch trading as Lloyds Bank International is a
participant in the Isle of Man Depositors’ Compensation Scheme as set out in the Depositors’
Compensation Scheme Regulations 2010.
Lloyds Bank International is a trading name of Lloyds Bank Corporate Markets plc, Guernsey Branch.
Lloyds Bank Corporate Markets plc's registered Office: 25 Gresham Street, London, EC2V 7HN. Registered
in England and Wales no. 10399850. Lloyds Bank Corporate Markets plc in the UK is authorised by the
Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential
Regulation Authority under registration number 763256. Authorisation can be checked on the Financial
Services Register at www.fca.org.uk.
Services provided by Lloyds Bank Corporate Markets plc, Guernsey Branch will be subject to the
regulatory regime applicable in Guernsey, which differs in some or all respects from that of the UK.
Further information about Lloyds Bank Corporate Markets plc, Guernsey Branch’s regulatory status is
set out below.
The Guernsey branch of Lloyds Bank Corporate Markets plc, principal place of business
1 Smith Street, St Peter Port, Guernsey, GY1 2JN, is licensed by the Guernsey Financial
Services Commission to take deposits and insurance intermediary business under the Banking Supervision
(Bailiwick of Guernsey) Law, 1994, and the Insurance Managers and Insurance Intermediaries
(Bailiwick of Guernsey) Law, 2002 (as amended), respectively, and is also registered with the Guernsey
Financial Services Commission as a money service provider.
Lloyds Bank Corporate Markets plc, Guernsey Branch trading as Lloyds Bank International is a participant
in the Guernsey Banking Deposit Compensation Scheme. The Scheme offers protection for 'qualifying deposits'
up to £50,000, subject to certain limitations. The maximum total amount of compensation is capped
at £100,000,000 in any 5 year period. Full details are available on the Scheme’s website:
www.dcs.gg or on request from telephone:
+44 (0) 1481 722756 or post: P.O. Box 33, St Peter Port, GY1 4AT.
Deposits with the Guernsey branch of Lloyds Bank Corporate Markets plc will not be covered by any equivalent
deposit compensation scheme to the Guernsey Banking Deposit Compensation Scheme in any other jurisdiction.
24.2.
Rules and regulations made under the Financial Services and Markets Act 2000 for the protection
of investors, including the Financial Services Compensation Scheme do not apply to the financial
services business of companies within the Lloyds Banking Group carried out from offices outside
the United Kingdom.
24.3.
Lloyds Bank International Limited is acting as agent when providing this service to other
members of Lloyds Banking Group. The terms and conditions for Online Products provided by
other members of Lloyds Banking Group will continue to apply to you and any Users you may
authorise to use the Service.
24.4.
Lloyds Bank Corporate Markets plc, is a UK registered and regulated bank, it is a wholly
owned subsidiary of Lloyds Banking Group plc. and a UK Non-ring-fenced Bank.
25.
AGREEMENT TO THESE TERMS AND CONDITIONS AND ACKNOWLEDGEMENTS
25.1.
You have read and agree on behalf of the Business to be bound by these Terms and
Conditions.
25.2.
You acknowledge that we may need to contact you or the Authorised Users independently
on the telephone to complete the registration process.
25.3.
You acknowledge that you will be required to confirm to the Bank in writing the
names and account numbers of all accounts you wish to be included in the initial
Eligible Accounts accessible through the Service