• No results found

ebanking Private Client Application Form

N/A
N/A
Protected

Academic year: 2021

Share "ebanking Private Client Application Form"

Copied!
9
0
0

Loading.... (view fulltext now)

Full text

(1)

ebank-pca July 2007

Please complete a separate form for each user

Contact Details

Title Mr/Mrs/Ms/other

Forename(s)

Surname

Address

Telephone Number

Fax Number

Email Address

Identification Details

Date of Birth

Place of Birth

Mother’s Maiden Name

Memorable Word (6-8 characters)

Privileges Required

- please tick services required

View Only

Buy/Sell Securities

Moving Money

Client Services

Accounts to be Viewed

Account Number

Account Name

Authorisation

- to be signed by all parties who have signing rights over the accounts listed above

We hereby declare that we have read, understood and agree to be bound by the Terms and Conditions of the

Schroders (C.I.) Limited eBanking Service.

First Signatory

Second Signatory

Signed

Date

Internal Use Only

User ID:

Date Set Up:

(2)

Terms & Conditions

eBanking Service from

Schroders (C.I.) Limited

(3)

Contents

1 Definitions 1

2 The Terms and Conditions of Use 1

3 Contractual Relationship 1

4 General 1

5 Site Address 2

6 Use of “Cookies” by the Service 2 7 User Name, Password and Memorable Word 2

8 Service Access 2

9 Use of the Service 3

10 Secure Message Facility 3

11 Statement of Portfolio 4

12 The Client’s Information 4

13 Disclaimer 5

14 Indemnity 5

15 Termination of the Service 5 16 Copyright and the Client’s Rights 5 17 Availability of Information 5 18 Joint and Several Liability 5

19 Fees 5

20 Application of the Terms and Conditions of Use, Interpretation and Termination 5

(4)

1. Definitions

1.1 In this agreement, unless indicated to the contrary the following definitions shall apply:

(i) “Account” means all accounts belonging to or operated by the Client and all transactions thereon and data related to such transactions and covered by Mandates with the Bank, which the Client has indicated to the Bank are to be accessed by the Client through the Service. (ii) “Bank” means Schroders (C.I.) Limited whose

registered office is at PO Box 334, Regency Court, Glategny Esplanade, St Peter Port, Guernsey GY1 3UF. The address of the Jersey Branch is 2-6 Church Street St Helier, Jersey JE4 9WB.

(iii) “Business Day” means a day on which banks in Guernsey are ordinarily open for business. (iv) “Client(s)” means the legal owner(s) of an Account.

(v) “eBanking Helpdesk” means the telephone helpdesk provided by the Bank on a Business Day between the hours of 9.00am and 5.00pm in Guernsey on telephone number +44 1481 703722. (vi) “Mandate” means all existing mandates and

agreements between the Bank and the Client including (without limitation) those governing the operation of the Account, the Bank's general terms and Conditions and any Investment Management Agreement.

(vii) “Memorable Word” means the word given by the Client to the Bank on the e-banking application form.

(viii) “Password” means the unique password chosen by the Client.

(ix) “Requests” means all instructions, notices, acknowledgements, requests or demands given by the Client to the Bank via the Secure Message Facility.

(x) “Secure Message Facility” means the facility within the eBanking Service that enables the Client to send electronic messages to the Bank, including without limitation free-format messages, fixed format messages, or instructions to make payments, requests for cheque books, bankers drafts or the purchase or sale of securities and interests in mutual funds.

(xi) “Service” means the "Schroders eBanking" facility. An electronic facility made available via the internet which enables Clients to:

a) view accounts, balances and securities held by the Bank.

b) and where approved use the Secure Message Facility.

(xii) “Site” means the website on which the Service resides.

(xiii) “User Name” means the unique user identity supplied by the Bank to the Client. (xiv) “User Guide” means the operating instructions

supplied by the Bank to each Client in relation to the Service.

1.2 Unless the context otherwise requires, references in this Agreement to:

(i) any of the masculine, feminine and neuter genders shall include other genders;

(ii) the singular shall include the plural and vice-versa; (iii) a person shall include a reference to any natural

person, body corporate, unincorporated association, partnership, firm or trust; (iv) any statute or statutory provision shall be

construed as a reference to the same or may from time to time be amended, modified or re-enacted. 1.3 The headings in these Terms and Conditions are

for convenience only and shall not affect their meaning.

2. The Terms and Conditions of Use 2.1 The terms and conditions contained in this

document constitute the terms of use and protocols by which the Bank will provide the Service to all Clients. All Clients are required to comply with the terms and conditions and protocols contained in this document and those operating instructions set out in the User Guide. The Bank reserves the right to update and amend these terms and conditions as it sees fit from time to time and will notify Clients of these amendments via the Service.

2.2 These terms and conditions vary the Mandate by providing for the Client to use the Service and for the Bank to act on Requests.

3. Contractual Relationship

The terms and conditions are to be read together with the Mandate as if specifically incorporated into the same. In the event of a conflict between these terms and conditions and the Mandate the provisions of these terms and conditions shall prevail.

4. General

The Service is not an online banking service. The use of the Secure Message Facility is to offer the Client the opportunity of sending secure messages. With the exception of buy/sell security Requests (see paragraph 10.5), it is the intention that requests will be actioned at the latest on the next Business Day.

(5)

When the Bank receives in its sole opinion ambiguous or conflicting Requests from the Client in connection with the Account, the Bank may, in its absolute discretion and without any liability, act or decline to act as the Bank thinks fit, but shall notify the Client that this is the case by telephone on the next Business Day after receipt of such requests.

The Bank also reserves the right to delay the execution of the Client’s Request if, due to the nature of the Request, the Bank believes it should check the authenticity with the Client. In such cases, the Client will be contacted by the Bank by telephone on the next Business Day after receipt of such Request. When a Client's Request has been actioned, a confirmation should appear in the Client's received messages within the Secure Message Facility. It is the Client's responsibility to regularly view their messages for confirmations and to contact the Bank if they have not received a confirmation message within 2 Business Days of their Request.

Requests to move money from an Account or buy/sell security Requests sent using a free format message within the Secure Messaging Facility will not be accepted.

5. Site Address

The Service will be accessible at: www.schroders.com/ci/ebanking.htm 6. Use of "Cookies" by the Service

The Service will make use of "Cookies", encrypted small text files that are sent to the Client's browser or stored on the Client's computer and which contain information that is relevant to the Client.

Clients authorise the Bank to place a Cookie onto the Client's browser for the current User session. The Cookie is automatically timed out after 20 minutes of inactivity. If so desired a Client may delete the Cookie from the browser themselves immediately upon signing out of the session.

The Bank will use Cookies only for controlling security and the general protection of Clients. Cookies are not being used for any marketing purpose.

7. User Name, Password and Memorable Word The Client is responsible for any and all use of the Service made using the Client’s User Name, Password and Memorable Word and is responsible for protecting and securing the Client’s User Name, Password and Memorable Word from unauthorised use. If the Client believes that unauthorised access to the Client’s User Name, Password or Memorable Word has been obtained, the Client should notify the eBanking Helpdesk immediately and not via the Secure Messaging Facility.

Once the eBanking Helpdesk has been notified the Client’s access will be blocked by the Bank and a new User Name will be provided by the Bank. In addition the Client will need to provide a new Memorable Word to the Bank.

The Client undertakes to log into the Service within 24 hours of being notified that the Client’s User Name has been activated and to change the Client’s Password to a code known only to the Client of a minimum of six characters.

The Password is held in an encrypted format on a secure server and it is a requirement that the Client’s Password be changed after the initial log in. However it is recommended that the Client change the Password every 30 days. The Client is reminded that it is not advisable to use proper nouns or anything which could be easily associated with the Client for the Password. Without prior notification the Bank reserves the right to disable a Client from using the Service at anytime if it has reasonable grounds to believe that the security of the User Name, Password or Memorable Word has been compromised. A Client will be notified by telephone on the next Business Day after the Service is disabled. A Client is given three attempts to log in with a User Name, Password and the correct characters of a Memorable Word. After a failed third attempt with either the User Name, Password or the Memorable Word the Client’s access will be blocked. The Client should contact the eBanking Helpdesk on +44 1481 703722 to have the User Name re-activated. If a Client forgets the User Name, Password or Memorable Word the Client should immediately contact the eBanking Helpdesk for assistance on +44 1481 703722.

8. Service Access

The Service allows the Client to view Client data as at 5.00pm UK time for the previous Business Day. The Service will be unavailable for approximately thirty minutes in every twenty four hours to permit the data to be updated from the most recent close of day. If the Service is not available the Client will receive a warning message on the "log in" screen.

Whilst every care is taken to ensure that the standard of the Service remains high and to maintain the continuity of the Service, the Internet is not an inherently stable medium, and errors, omissions or interruptions of service may occur at any time. The Bank shall not be liable if for any reason the Service or the services of any Helpdesk are unavailable at any time for any period. Access to the Service may, without notice to the Client, be temporarily suspended.

(6)

The Service is offered only to the Client by the Bank in the jurisdiction in which the Bank is registered or incorporated. The Client accepts that if they are resident outside the Channel Islands they must satisfy themselves that it is lawful to use and receive the Service. The Bank accepts no liability for any costs, losses or damages resulting from or related to the availability or content of the Service to persons in jurisdictions outside the Channel Islands or to persons who are, or who are nominees of or trustees for, citizens, residents or nationals of other countries. 9. Use of the Service

9.1 The Customer authorises the Bank to provide statements and other information relating to the Account in electronic form to them.

9.2 In consideration of the Bank agreeing to allow the Client to use the Service the Client undertakes to the Bank that the Client shall use such Service only in accordance with these terms and conditions issued by the Bank from time to time and in any event never attempt to misuse, interfere, corrupt, de-programme, transfer information in any form, copy (save for the Account details) or duplicate any features of the Service and thus the Client shall indemnify and keep indemnified the Bank from and against all loss or damage suffered or incurred by the Bank as a result of any misuse by the Client by reason of any nature whatsoever howsoever arising out of a breach of these terms and conditions including (but without limitation) any failure by the Client to act in accordance with these terms and conditions.

9.3 In particular the Client accepts that the Client is not entitled to access data other than that of the Account and that any attempt to access any data other than the Account will result in the Bank suspending all services it provides to the Client and retaining the balance of any account the Client may hold with the Bank by way of security as a lien until any misuse has been fully investigated and any liability established. 9.4 The Client also accepts that any attempt to

access any area within the Service other than data related to the Account and Secure Message Facility may result in a prosecution under the Computer Misuse (Bailiwick of Guernsey) Law 1991 and the Client irrevocably submits to the non-exclusive jurisdiction of the Courts of Guernsey for this purpose.

9.5 The Client also agrees and undertakes unconditionally to indemnify the Bank against all costs, claims, losses and expenses which may be suffered by it arising out of or in connection with any attempt whatsoever the Client makes (even if

unsuccessful) to access any area of the Service other than the Account and Secure Message Facility.

10. Secure Message Facility

The Service has a Secure Message Facility to enable Clients to send and receive free format messages and also make transaction requests for:

a) Client services b) Moving money c) Buy/Sell securities

Clients wishing to use the Secure Message Facility are also governed by the terms and conditions contained in this clause 10:

10.1 Use of the Secure Message Facility

(i) Subject to clause 4 the Client hereby authorises the Bank to act on instructions which may be given by them from time to time in relation to the Account or in respect of any other dealings between the Client and the Bank using the Secure Message Facility and in particular, but without limitation, request and authorise the Bank to act on instructions which may be given by them using the Secure Message Facility requesting the Bank to make payments, transfer amounts between accounts, execute foreign exchange transactions for settlement by the Account or by making payments, in respect of any account nominated by the Client in accordance with the Mandate. (ii) Requests given by the Client using the Secure

Message Facility and transactions resulting therefrom shall be valid and electronic copies of such instructions and transactions resulting therefrom shall constitute good and sufficient evidence of the same and the Client waives any right to object to such evidence in any legal proceedings between the Bank and the Client. (iii) The Client understands, acknowledges and

agrees that in consideration of the Bank agreeing to act on Requests given in accordance with paragraph 10.1(i) above:

a) The Bank may refuse to act upon Requests where it doubts the contents, authorisation or origination of Requests or where the Requests would not be accepted by the Bank under the Mandate. The Bank will promptly notify the Client of its decision in such circumstances. b) The Bank shall be entitled to rely on Requests given using the Secure Message Facility. The Bank will be entitled to assume that the compliance with the User Guide when using the Secure Message Facility is evidence of authority for the Bank to act on any such instructions.

(7)

c) The Client further agrees to comply with the terms and conditions governing use of the Service, which may be amended from time to time as notified by the Bank to the Client.

d) The Client confirms that in the event that they suspect that any of the components of the Service (including without limitation the User Name, Password and the Memorable Word) have been compromised or disclosed to another person or misused in any way the Client understands that they have a duty to ensure that the Bank is informed immediately and they agree not to use the Service again until notified in writing by the Bank. The Client further undertakes not to give details of the User Name, Password or Memorable Word to any other party.

(iv) The Bank shall not be liable for any loss arising or incurred by the Client as a result of:

a) acting in good faith in accordance with these terms and conditions; or

b) the Client being unable to provide the Bank with instructions by reason (without limitation) of any failure of software or breakdown in communication

10.2 Notice given by the Bank by telephone, facsimile, electronic mail or any other means including the Secure Message Facility shall constitute good and sufficient notice for all legal purposes.

10.3 Instruction Requests on Fixed Deposits The fixed deposits ("Fixed Deposits") on which instructions to renew or mature can be given are listed on the Fixed Deposit list under the “moving money” menu on the site.

Fixed Deposit maturity Requests can be given via the Secure Messaging Facility for sterling deposits up until 5.00 pm UK time, the Business Day before the maturity date of those deposits.

For any non-sterling Fixed Deposits, maturity requests can be given up until 5.00 pm UK time, three Business Days before the maturity date of those deposits. 10.4 Buy/Sell Security Requests

Requests received to buy or sell securities will not be actioned until the details have been confirmed with the Client by telephone due to the sensitive nature of the data contained in those Requests. The Client is therefore requested to supply the Bank with a contact time (between 9.00 am and 5.00 pm UK time) and telephone number including international dialling code where they can be contacted.

The Bank will only accept Requests to buy securities (a "Buy Request") where the holding is to

be registered in the name of Schroder Nominees (Guernsey) Limited. The Bank will only accept Requests to sell securities (a "Sell Request") where the holding is registered in the name of Schroder Nominees (Guernsey) Limited. If this is not or will not be the case, the “Buy/Sell Securities” request form within the Secure Message Facility should not be used and the Client should contact the Bank directly.

When placing a Buy Request or Sell Request the Client warrants and confirms to the Bank that they have read all relevant offering documentation and/or conditions of purchase or sale relating to the relevant securities and that they have complied with all necessary conditions which may apply to that Request.

11. Statement of Portfolios

The Service allows the Client to view the Client's securities held by the Bank on the Client's behalf with an associated value in the currency of the Client's portfolio. The values attached to each holding are an indication only and should not be relied upon to make investment decisions and will not have been audited by the Bank or any other person.

The prices used will be received from a leading industry data provider. However, they may be inaccurate and in some cases where there is no readily available price no value maybe indicated. Depending on the time that the Client uses the Service, the prices detailed may be up to forty-eight hours old. Where a price has not been available to be updated for more than seven days a warning asterisk will appear next to the holding. 12. The Client's Information

The Bank is a limited company incorporated in the Island of Guernsey and is registered under the Data Protection (Bailiwick of Guernsey) Law, 1986 (the "Law"). The Bank is a Data Controller within the meaning of the Law, and all personal data which the Client supplies or has supplied to the Bank under the terms of this agreement "Data", will be treated in accordance with that Law, or any other which may supplement, amend or replace it from time to time. The Bank will collect and use Data in order to operate and enhance the quality of the Service.

The Client consents that the Bank may forward Data pursuant to the Service to its agents or associates for processing:

(i) for the provision of the Service (which may include the transfer of the Data out of the European Economic Area);

(ii) to update Client records and to advise the Client of other products and services, unless the Client informs the Bank otherwise in writing;

(8)

(iii) as required by any other regulatory authority or legal authority or any stock exchange or any person empowered to require such information by or under any legal enactment or as may be required under relevant laws or regulations. The Client consents to any communications between the Client and the Bank being taped or monitored. 13. Disclaimer

Information, advice and valuations may be provided to the Client via the internet and the Client acknowledges that the internet is not a secure medium for

communication of sensitive information. Communication is therefore at the Client's own risk. The Bank will not be liable for any breach of confidentiality which may arise from the communication being accessed by an unauthorised third party.

Whilst the Bank endeavours to ensure that the information contained within the Service is correct, no warranty, express or implied, is given as to its accuracy and nor does the Bank accept any liability for error or omission. Arrangements made or entered into in reliance on the information provided by the Service are made or entered into at the Client’s own risk (see clause 11). 14. Indemnity

The Client indemnifies the Bank against all costs, claims, losses and expenses which may be suffered or incurred by them arising out of or in connection with services provided or acts or omissions taken or made by them pursuant to or in accordance with these terms and conditions including (without limitation) in relation to unauthorised instructions given by the Client which appear to the Bank to be genuine unless it can be shown that the Bank acted in gross negligence or did not act in good faith (including all legal and other costs, charges and expenses which the Bank may incur in relying upon any such instruction or in enforcing or attempting to enforce any agreement arising or purportedly arising therefrom).

15. Termination of the Service

Either party may terminate the provision of the Service at any time by giving written notification to the other. These terms and conditions will terminate automatically upon termination of the Service.

Notwithstanding the content of this clause any indemnity and disclaimer provisions contained in these terms and conditions shall survive termination. 16. Copyright and the Client's Rights Copyright and all other intellectual property rights subsisting on the website (the "Information"), unless otherwise stated, is owned by Schroders plc. Information accessible via the Service that is personal to the Client is provided by the Bank who is responsible for

the accuracy of any and all such information. The Client may use Information retrieved from the Service only for the Client's own private or domestic use and may not sell, retransmit or otherwise make available the Information retrieved from the Service in any manner. 17. Availability of Information

The Bank reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Service at its sole discretion. 18. Joint and Several Liability

If the Client is more than one person the Clients’ obligations under these terms and conditions shall be joint and several.

19. Fees

No additional fee shall be payable by the Client in relation to the provision of the Service although normal transaction charges will apply in respect of transactions undertaken as a result of utilising the Service. However, Customers who have nominated more than 10 Users will be charged a set up fee of £200 per User in excess of 10. Each User authorised by the Customer will be charged £100 per User per year to use the Service. All such fees will be payable annually in advance. 20. Application of the Terms and Conditions of

Use, Interpretation and Termination

These terms and conditions shall vary the Mandate and for the purposes of interpretation therein the expression "in writing" or any cognitive expression shall include electronic communication, and any references to "signature" or "signed" shall, mean and include signature by any form of encryption and authentication from time to time required by the Bank and will remain in force and effect until such time as the Bank receives and has reasonable time to act on, a written notice of termination by the Client under the original signature signed purely in accordance with the Mandate. Such termination will not release the Client from any liability in respect of any act performed by the Bank in accordance with this variation to the Mandate prior to receipt by it of such notice of termination.

21. Governing Law

The Terms and Conditions set out herein shall be governed by the Law of the Island of Guernsey and the non-executive jurisdiction of the Royal Courts of Guernsey.

October 2001

(9)

Schroders (C.I.) Limited, PO Box 334, Regency Court, Glategny Esplanade, St Peter Port, Guernsey,

GY1 3UF Tel: +44 (0) 1481 703700 Fax: +44 (0) 1481 703600 Email: scil@schroders.com

Schroders (C.I.) Limited, 2-6 Church Street, St Helier, Jersey JE4 9WB

References

Related documents

Small Business Innovation Research (SBIR/STTR) Program: Small Business Innovation Research (SBIR/STTR) Program: Government-funded R&D for fun and profit..

An analysis of the economic contribution of the software industry examined the effect of software activity on the Lebanese economy by measuring it in terms of output and value

We all have areas in our lives where we feel stuck, at least one area that we cannot change, but look for what you can change, look for what you can learn, look for what God

oil, consumer cooperation, Henry Kissinger, Washington Energy Conference, Energy Coordinating Group, International Energy Agency, intergovernmental organizations?.

On the date these consolidated financial statements were approved, based on their review of cash flow projections prepared by management for the years ending 31 December 2014

A, 1= Eozäne Biotit- und Amphibolandesite, 2= Karpatische und Badenische Andesite (Miozän), 3= Lavaagglomeratum aus Piroxen- andesit (Badenisch), 4= Tuff und Agglomeratum

It is the prime destination for Education, Research, Training, Consultancy, Leadership Development and Publication in Insurance Pension and Risk Management in the

Constructions of social inclusion which focus upon the individual student and their levels of self-esteem or aspiration carry more psychological values: education is for