GENERAL TERMS AND CONDITIONS
Application Acceptance, Liability and Customer Instructions
Euro Exim Bank may accept or reject in whole or in part my application to open any Account at my discretion. The rejection or cancellation of my application may be communicated to me by any means, whether oral or otherwise, or through the omission by me to issue a Confirmation. In either case, notification of acceptance or rejection shall be served on me at such time determined by me in accordance with Euro Exim Bank’s usual practice.
1. Euro Exim Bank is authorised to treat as valid, accurate, authentic and binding on me and to act on any instructions (whether oral or written) purportedly given by me or any Authorised Signatory which are referred to me in accordance with my prescribed verification procedure at that time and I will have no obligation to further investigate the authenticity or authority of person(s) providing the instructions, and regardless of the circumstances prevailing at the time of such instructions or the nature of the transaction and notwithstanding any error, misunderstanding, inaccuracy or incompleteness or lack of clarity in the terms of such instructions, including but not limited to instructions given or purported to be given by me.
2. I agree that Euro Exim Bank may leave a message for me/us on an answering machine or facsimiles or with any person answering the phone or with an automated dialling system.
3. Euro Exim Bank is permitted to act on any instructions given by an authorised person provided the security procedures are followed, however Euro Exim Bank may refuse to act on any instruction if it is unclear or might be in breach of a law, regulation or contractual agreement between Euro Exim Bank and us.
4. Euro Exim Bank will not be liable to me/us for any loss, indirect or consequential, incurred by not acting on my/our instructions, such failure being caused by force majeure, acts beyond our reasonable control.
5. Euro Exim Bank shall give notice of any variation in operation, features, terms and conditions of the service and the times the service will be available.
6. I agree to indemnify Euro Exim Bank against any loss, damage or liability which might occur as a result of non-compliance with the above and I shall be solely or jointly liable for any negligence, misuse, dishonesty or unlawful use whatsoever of the service provided herewith.
7. Euro Exim Bank agrees to the use and disclosure of my/our information as set out in this notification.
8. I accept that deposits and their payments are governed by laws in effect from time to time in the applicable jurisdiction.
9. I acknowledge that all transactions can only be executed on line by logging on to the online banking platform.
10. Euro Exim Bank will take reasonable care to ensure that any information provided to me is an accurate reflection of the information contained in our computer systems or, where the information provided by a third party, accurately reflects the information we receive from that third party.
11. Euro Exim Bank does not warrant that the information provided is always accurate or error free. Some of the information available through the Service or Mobile Banking may be identified on the screens or in the User Guide as subject to a disclaimer or other provisions. If I rely on that information, I do so subject to the disclaimer or those provisions.
12. I agree that unless Euro Exim Bank have specifically agreed with me otherwise, Euro Exim Bank shall have no liability whatsoever for:
a. any equipment, software or associated user documentation which any third-party other than us produces at any time for use in connection with the Service or Mobile Banking; or
b. any services through which I access the Service or Online Banking or which I access through the Service or Online Banking which are not controlled by us.
13. Euro Exim Bank shall not be liable to me for any loss I suffer due to any event or abnormal or unforeseeable circumstances beyond my control, which leads to the Service or Online Banking Platform being wholly or partly unavailable such as, but not limited to, technical breakdown, strikes or other industrial action (whether or not involving Euro Exim Bank’s employees) or communications or power failure, the consequences of which would have been unavoidable, despite all efforts to the contrary.
14. Euro Exim Bank is not obliged to monitor my use of the Service or Online Banking Platform for any failure by Euro Exim Bank to carry out my obligations under the Terms or notify me of such failure.
1. I shall make deposit(s) to the Account(s) in such manner as I may prescribe from time to time. Receipt tickets for deposits will be validated by Euro Exim Bank’s machine stamp, computer terminal or authorised signatory.
Taking money Summary:
1. Euro Exim Bank will allow withdrawals or payments from my account if I have enough available money in my account, or enough unused Arranged Overdraft, to cover the withdrawal or payment.
2. Euro Exim Bank must be provided with the following Payment Details:
a. for payments and electronic transfer of funds, the name (or the account name, if different), account number and sort-code of the person you want to pay;
b. for an international transfer of funds: (i) the name, address, routing code (if applicable) and correct Bank Identifier Code (BIC) of the bank of the person you want to pay; (ii) the bank account number or IBAN (International Bank Account Number) of the beneficiary you want to pay; (iii) the name and the registered address of the beneficiary you want to pay and (iv) you name and account number (v) beneficiary’s company registration number, (vi) beneficiary’s company business activity (vii) reason and evidence of payment.
c. You must provide us with all of the following details (‘International Identifier’) to enable us to make an International Payment: a) the recipient’s bank name, address, routing code and correct Bank Identifier Code (BIC); b) the recipient’s bank account number or IBAN (International Bank Account Number); c) the name and address of the recipient to whom the payment is to be made; and d) you name and account number.
Euro Exim Bank will be treated as having received a Payment Instruction from me (or, if applicable, the person requesting a payment from me) at the time that instruction is actually received by Euro Exim Bank, except:
a. if Euro Exim Bank receives the Payment Instruction on a non-working day, then it will be treated as having been received on the following working day. If my Payment Instruction is an instruction to withdraw cash using my card and PIN from a cash machine or an instruction made using a card and PIN, it will be treated as having been received by Euro Exim Bank at the time that instruction is actually received by us; or
b. if the Payment Instruction is received by us after 5pm, it will be treated as having been received on the following working; or
c. if my Payment Instruction specifies that the payment is to take place on a specific day or on the last day of a certain period, then Euro Exim Bank will treat it as having been received on the day specified, unless that day is a non-working day (in which case the following working day will apply).
Processing of Payment Instructions
1. You can request certain payments through the Service. When I have provided my instruction, I will be asked to confirm it, which will be my agreement for Euro Exim Bank to make the payment.
2. I request and authorise Euro Exim Bank to:
a. rely and act upon all apparently valid payment or transfer instructions as properly authorised through the Service, even if it may conflict with any other mandate given at any time concerning you account(s) or affairs, and
b. debit my account(s) with any amount I have paid, transferred or incurred in accordance with the instruction.
3. My payment instructions will only be accepted by Euro Exim Bank after my Security Details have been accepted and it passes any further authenticity checks.
4. Euro Exim Bank may refuse to act upon a payment instruction, for example, if it exceeds the limit that Euro Exim Bank has set for such an instruction, or if Euro Exim Bank knows of or suspects a breach of my Security Details. If Euro Exim Bank decided to decrease my default maximum limits at any time, Euro Exim Bank will override any limits that may be above my new maximum limits. To increase you limits at any time, please call Euro Exim Bank.
5. Euro Exim Bank will not be responsible if the circumstances giving rise to an incorrect payment or transfer, or a payment or transfer not being made were due to abnormal and unforeseeable circumstances beyond Euro Exim Bank’s control, the consequences of which would have been unavoidable despite all efforts to the contrary.
6. Euro Exim Bank may, at any time, suspend my access to the Service. Euro Exim Bank will normally give you advance notice if Euro Exim Bank is going to suspend you use of the Service.
7. Euro Exim Bank will tell you why we are taking this action, but Euro Exim Bank will not give me notice or details of the reason for the suspension if this would compromise Euro Exim Bank’s reasonable security measures, or if it is unlawful to do so. Euro Exim Bank may occasionally suspend my use of the Service without notifying me where Euro Exim Bank has been unable to contact me in advance. Euro Exim Bank may also suspend my use of the Service due to local legal obligations that applies to Euro Exim Bank.
8. Euro Exim Bank will use reasonable efforts to inform me without undue delay through the Service and/or our website, if any service under the Service is not available.
9. Euro Exim Bank will not always carry out a payment or transfer instruction immediately following it being requested by me. Some matters may take time to process and my instruction may only be processed during normal banking hours.
1. Maximum daily limits apply to the amount of cash I can withdraw using my card.
2. Euro Exim Bank can refuse any withdrawal or payment from my account, if:
a. I do not have enough available money in my account;
b. I have exceeded my maximum daily withdrawal;
c. it may place Euro Exim Bank in breach of any legislation or law;
d. Euro exim Bank suspects it relates to fraud or any other criminal act
e. I am in breach of any of these Conditions.If Euro Exim Bank refuses to allow a withdrawal or payment from my Account, Euro Exim Bank will tell me the following by the end of the next working day after the day Euro Exim Bank receives my withdrawal or payment request;
a. that Euro Exim Bank has done so;
b. the reason why Euro Exim Bank refused; and
c. if I think Euro Exim Bank has based its decision on mistaken information, how I can ask Euro Exim Bank to rectify that mistake. Euro Exim Bank will not tell me that they are refusing a payment or withdrawal if the law prevents Euro Exim Bank from doing so.
Joint Accounts1. The holders of a joint account authorises Euro Exim Bank to pay or deliver, or to the order of, the survivors or survivor or the executors or administrators of such survivor any moneys standing to the credit of joint account;
a. All liability on a joint account is joint and several;
b. Any mandate intimation, notice, request or letter varying the original instruction regarding the operation on the account, issue of mandate for or annulling the stop payment of cheques, debit to the joint accounts etc., affecting the operations on the joint account will be acted upon by the Bank only if these are signed by minimum number of such people who are authorized to operate on the Joint Account. This applies with equal force to authenticating material alteration(s) in the cheque(s) or other mandate(s) instructing the Bank to debit such accounts.
1. In the event of the Customer being a partnership the following additional provisions apply:-
a. The partners authorize the bank to carry out instructions countermanding payment of cheques, bills of exchange, promissory notes or other orders for payment when such instructions are given by any person who is authorized to sign the mandate whether or not that person has signed the original payment instruction.
b. The partners authorize the Bank to make advances with or without security by way of overdraft, loan or any other manner on the request of partners for the time being made in accordance with the mandate, and to discount bills or promissory notes on the request of the partners for the time being made in accordance with the mandate.
c. The partners authorize the Bank to accept by way of pledge or deposit as security or for safe custody anything belonging to the partnership on the instructions on the partners for the time being made in accordance with the mandate, and to deliver upon the said instructions anything as accepted or held on account of the partnership.
d. All liability of the partners to the Bank is joint and several.
e. Upon any change in the constitution of the partnership, the partners will sign a new mandate.
f. A mandate remains in force and may be acted upon by the Bank until it has either been revoked in writing by all or any of the signatories or until it has been replaced by a new mandate and such revocation or new mandate has reached the Bank and not until that event has happened, the Bank will be responsible for acting according to the original mandate.
1. I must take all reasonable precautions to keep safe and prevent fraudulent use of my devices and security information. These precautions include:
a. never writing down or otherwise recording my security details in a way that can be understood by someone else;
b. not choosing security details that may be easy to guess;
c. taking care to ensure that no one hears or sees my security details when I use it;
d. keeping my security details unique;
e. not disclosing my security details to anyone, including the police and Euro Exim Bank;
f. changing my security details immediately and telling Euro Exim Bank as soon as possible if I know, or even suspect, that someone else knows my security details, or if Euro Exim Bank asks me to;
g. keeping my security details and devices safe;
h. complying with all reasonable instructions we issue regarding keeping my security details safe;
i. once I have logged onto the online banking platform, I will not leave my devices unattended or let anyone else use my devices;
j. logging out of my devices once I have finished using the online banking platform services and, in particular, not leaving the online banking platform in the background whilst logged in;
k. I will never disclose my security details to them or information about my accounts with Euro Exim Bank;
l. undertake reasonable and adequate precautions to scan for computer viruses or other destructive properties.
2. I must not use the online banking platform on any device or operating system that has been modified outside its operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”.
3. Euro Exim Bank will never contact me after initial registration (or ask anyone to do so on Euro Exim Bank’s behalf) with a request to disclose my security details in full. If I receive any such request from anyone (even if they are using Euro Exim Bank’s name and logo and appear to be genuine) then I will not supply my security details to them in any circumstances. Additionally, I will report any such requests to Euro Exim Bank immediately.
4. I will be responsible for all instructions given by me or anyone acting with my authority between when I log onto the online banking platform until I log off.
5. I am responsible for making sure information shown or stored on my devices is kept secure.
Suspension of Account(s)
1. Euro Exim Bank may at its reasonable discretion suspend my operation of the Account(s) at any time for any reason whatsoever; including without limitation industrial actions, power failure, computer breakdown or sabotage or any other event beyond my reasonable control.
2. I agree that Euro Exim Bank may block any payment or transaction with respect to the Account where such payment or transaction would result in Euro Exim Bank or Third Party Service Provider being in breach of Law or Regulation.
Freezing of Accounts
1. Euro Exim Bank may at any time freeze any of my accounts if and so long as there is any dispute or the Bank has doubt for any other reason (whether or not well founded) as to the person or persons entitled to operate the same, without any obligation to institute interpleader proceedings or to take any step of its own initiative for the determination of such dispute or doubt.
Closing of Accounts
1. Euro Exim Bank may at any time and at its reasonable discretion, without notice to me and without Liability or disclosing or assigning any reasons to me, refuse to accept any deposit(s), limit the amount that may be deposited, return all or any part of the deposit(s) after deducting any Collected Amount, interest, charges and fees due or funds required to be made by Law or Regulation, or upon reasonable notice to me, terminate any of my Account(s) and discharge Euro Exim Bank’s entire Liability.
2. If I choose to terminate any of my Account(s) held with Euro Exim Bank, I am required to give Euro Exim Bank reasonable notice of termination or such other period of notice which Euro Exim Bank may specify to me from time to time.
3. On the termination of my Account(s):- (a) Euro Exim Bank may discharge my entire Liability with respect to my Account(s) by mailing to me a draft or check in the currency(ies) of the Account(s) or in a currency(ies) as determined by Euro Exim Bank without recourse to me as drawer, payable to my order in the amount of the then credit balance in the Account(s) after deducting my Outstanding Indebtedness to Euro Exim Bank together with such other documents, if any, as may be necessary to transfer to me such claims as Euro Exim Bank may have on such funds, or, at Euro Exim Bank’s option, by delivering to my Account(s) or (as the case may be) to a Joint Account of all Account(s) holder(s) of the Account(s), any Alternative Financial Instrument as selected by me in my sole discretion; and (b) Euro Exim Bank may, at my own cost and expense, transfer all my Securities to me or such person as I may direct.
4. If Euro Exim Bank has effected a forward or any other transaction which extends beyond the date of termination, Euro Exim Bank may either close out or complete such transaction and retain sufficient funds for this purpose. Any security interest or set-off contained in an agreement shall not be discharged until all my Outstanding Indebtedness have been discharged.
5. On the termination of my Account(s), I shall forthwith return to Euro Exim Bank all unused checks issued to me, failing which I shall indemnify Euro Exim Bank for any reasonable costs or expenses arising or in connection thereto.
6. Upon the occurrence of any of the following events, Euro Exim Bank may (without demand or notice) terminate the Account(s) and/ or realise all or any of my Contracts and other investment transactions concluded directly or indirectly with or through Euro Exim Bank to repay my Outstanding Indebtedness to Euro Exim Bank including all interest, costs and expenses in connection with the recovery of such indebtedness: -
a. my failure to comply with any provision of these Terms and Conditions or anyother Agreement;
b. any grounds exist for the presentation of a bankruptcy petition against me;
c. my death or insanity;
d. a receiver, trustee, custodian, judicial manager or similar official is appointed or an encumbrancer takes possession of me or the whole or any substantial part of my property or undertaking;
e. the institution or commencement by petition, application, entry of an order for relief or otherwise of any bankruptcy, insolvency, reorganisation, arrangement, composition of debt, dissolution, liquidation or any similar proceeding relating to me under any applicable law;
f. the performance of any obligation of mine or Euro Exim Bank under these Terms and Conditions becomes illegal or impossible; or
g. it is required to comply with any Law or Regulation.
7. It is a condition that I do not:
a. act abusively, offensively or violently towards Euro Exim Bank staff; or
b. become bankrupt; or
c. misuse my account; or
d. act dishonestly with Euro Exim Bank; or
e. act in any way to give rise to reasonable suspicion of fraud or other criminal activities; And, if any of the above applies, I will be in breach of these Conditions and Euro Exim Bank can close my account.
Using Bank Cards
1. Cards are Euro Exim Bank’s property and Euro Exim Bank can ask me to return them to Euro Exim Bank.
2. Euro Exim Bank will tell me how to obtain the PIN to be used with my card. Euro Exim Bank may also ask me to provide my Personal Security Details as a means of identification, for example when buying goods with my card.
3. I will cancel my card by notifying and returning it to Euro Exim Bank. I must cut my cards once it has been cancelled.
1. I will be responsible for all losses arising from unauthorised transactions on my Account as a result of:
a. Acting fraudulently, or
b. Intentionally or with gross negligence failing to use the Mobile Banking app in accordance with the Terms (including keeping safe my Mobile Banking security details), or
c. Intentionally or with gross negligence failing to notify Euro Exim Bank if I know or suspect someone else knows my Mobile Banking security details or has used or tried to use my security details.
Abnormal and Unforeseen Circumstances
1. Euro Exim Bank is not responsible if Euro Exim Bank does not comply with any of the Terms:
- • Due to abnormal and unforeseeable circumstances beyond Euro Exim Bank’s control, the consequences of which would have been unavoidable despite all efforts to the contrary; or
- • Where our failure to comply is due to our obligations under the applicable laws.
Third Party Charges
1. There may be other third-party banks that apply charges in effecting the International Payment which may be deducted from the amount transferred by me or from funds received by me via an International Payment. This will mean that the sum received by the beneficiary or by me may be less than the amount I have sent or received. b) If any charges are passed back to Euro Exim Bank by a third-party bank, Euro Exim Bank reserves the right to debit my account with these charges.
1. Information Euro Exim Bank disclose: Subject to applicable local laws, I hereby consent for Euro Exim Bank or any of its affiliates (including branches) to share my information with domestic or overseas regulators or tax authorities where necessary to establish my tax liability in any jurisdiction.
2. Information Must be Correct: I agree and undertake to notify Euro Exim Bank Limited within 30 calendar days if there is a change in any information which I have provided to Euro Exim Bank Limited.
3. Withholding of Funds: Where required by domestic or overseas regulators or tax authorities, I consent and agree that Euro Exim Bank Limited may withhold, and pay out, from my account(s) such amounts as may be required according to applicable laws, regulations, agreements with regulators or authorities and directives.
Customer Data Retention Policy
1. The bank will implement and adhere to information legislation and policies relating to my information and will ensure that my information is securely disposed of at the end of the seven years retention period.
1. I represent and warrant that all information (including any documents) I have given to Euro Exim Bank in connection with the application is correct, complete and not misleading. (If this is not the case, I may be personally liable);
2. I authorize Euro Exim Bank to verify any of the information I have given Euro Exim Bank or my credit standing from anyone Euro Exim Bank may consider appropriate (such as an authority or credit reference agency);
3. I acknowledge that Euro Exim Bank will perform due diligence and anti-money laundering checks prior to opening any account.
4. I acknowledge that Euro Exim Bank may decline my application without giving me any reason for doing so. If this happens, no contractual relationship arises between me or Euro Exim Bank;
5. I confirm and agree that Euro Exim Bank may give any information in connection with this application (including my personal information) to any service provider for the purposes of providing any service to me in connection with this application (including data processing);
6. I understand that by entering into our banking agreement I give indemnities, authorizations, consents and waivers and agree to limitations on our liability;
7. I consent to Euro Exim Bank contacting me at the address, email address and telephone numbers I have provided to Euro Exim Bank, to give me information on other products and services that Euro Exim Bank, or our strategic partners may offer;
8. If I am applying for an Account, I confirm that I have read and understood the terms and conditions governing the opening, operation and closure of the accounts with Euro Exim Bank Limited as published on www.euroeximbank.com or associated websites and agree to be bound by it.
9. I agree that the account opening fees are non-refundable once paid.
10. I authorise the bank to review the account(s) and transactions from time to time and agree to provide further documents and clarification upon request. Failure to provide such documents and clarifications may result in closure of the account(s) without any notice.
11. I agree to provide evidence to support inward and outwards remittances as and when required by the bank.
Declaration of acceptance: I declare that the particulars given by me/ us are true. I confirm that I have read the terms and conditions governing the opening, operation and closure of the accounts with Euro Exim Bank limited as published on www.euroeximbank.comand agree to be bound by them.