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.
Deposits
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.
Payment Limits
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 Accounts
1. 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.
Partnership 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.
Security Obligations
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 Accounts
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
any other 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.
Unauthorised Transactions
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.
FATCA/CSR Policy
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.
DECLARATION
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.com
and agree to be bound by
them.