The Use of This Website.
The following clauses exclude or limit our legal
liability for this site and you should read them carefully.
All material contained on this website or in any other
transmission containing a link to this website is for personal use and
information purposes only and is not intended for dissemination to, or use by,
any person or entity in any jurisdiction in any country where such dissemination
or use would be illegal or which would subject any member of Türkiye
İş Bankası AŞ to any registration requirement within such
jurisdiction or country. Where any opinions are expressed on this website, they
are provided by Türkiye İş Bankası AŞ for personal use and
for information purposes only.
Any information on this website constituting a financial promotion
has been issued and approved for publication and distribution in the United
Kingdom only.
Nothing in these terms and conditions shall try to exclude
liability that is not permissible to exclude under applicable law, including
without limitation, for death or personal injury, or for fraudulent
misrepresentation.
Nothing in these terms and conditions shall exclude, limit or
restrict our obligations to you under the Financial Services and Markets Act
2000, or the rules or regulations for the conduct of business which we are
bound to comply with under this Act.
This site contains a great deal of complex information and we have
tried to make it as clear, easy to use and accurate as possible. However, we disclaim
any warranties, undertakings or representations, whether expressed or implied,
to the full extent permitted under applicable law, that the website or (including
without limitation) all or any part of the content or materials, accuracy,
availability or completeness of the content of the website or any part of the
content or materials, are appropriate or available for use either in the United
Kingdom or in any other jurisdictions. If you use this website from other jurisdictions,
you are responsible for compliance with applicable local laws.
We accept no liability, including without limitation, in either
contract, tort, negligence, statutory duty or otherwise, to the maximum extent
permitted by applicable law, arising out of the use of or access to this
website, which includes without limitation any errors or omissions contained in
this website or if the website is unavailable and we shall not be liable for
any direct or indirect losses what-so-ever suffered or incurred
arising out of or in connection with your use of this website and these terms
and conditions.
You access and use this website at your own risk and
we do not warrant that the use of this website or any material downloaded from
it will not cause damage to any property, or otherwise minimise or eliminate
the inherent risks of the internet including but not limited to loss of data,
computer virus infection, spyware, malicious software, Trojans and worms. Also,
we are not in any way responsible for anything mentioned on or linked to this
site that someone else is marketing.
The contents of this website do not profess to
provide any financial, investment or professional advice and nothing on the
pages of this website shall be deemed to constitute financial, investment or
other professional advice in any way.
We may change, without notification, the material
contained in this website, including these terms and conditions of use.
Additionally Türkiye İş Bankası AŞ shall not be obliged to
remove any outdated information from the website or to expressly mark it as
being outdated.
To ensure the security of its systems, the protection of its staff
and the detection fraud and other crimes, Türkiye İş Bankası AŞ
reserves the right to monitor all internet communications, including web and
email traffic, into and out of its domain. Monitoring includes, without
limitation, checks for viruses and other malignant code, criminal activity, and
use or content that is unauthorised or unlawful or material that may cause
offence in any way.
Terms of Business for Personal Accounts
1 Terms and Conditions
1.1 These terms and conditions:
1.1.1 are a contract between you and us, Türkiye İş
Bankası (the 'Bank'), London Branch;
1.1.2 apply to our current accounts and savings accounts - which
should not be used for business purposes;
1.1.3 explain our obligations to you and your obligations to us;
and
1.1.4 are in addition to any other conditions, which are implied
in the contract between us and by law.
1.2 We may, at our discretion, change these terms and conditions
by notifying you of the change. If the change is to your disadvantage, we will
give you not less than 30 days' notice by post before we make the change.
We may make any other change immediately and tell you about it
within 30 days. If we make a disadvantageous change, you may at any time after
we tell you of the change, switch your account or close it without having to
pay any additional charges or interest.
2 Definitions and
interpretation
2.1 'We, us, our' means Türkiye İş Bankası, London
Branch (which expressions shall include any Türkiye İş Bankası
branch in London).
2.2 'You' means the account holder(s) set out in the separate
account operating instructions you provide us from time to time covering the
account and (if applicable) any other of your accounts with us.
2.3 'Authorised person' means any person authorised by you to
operate the account in accordance with condition 3.2 below.
3 Opening an account
3.1 If you wish to open an account with us, we will ask for proof
of your identity, proof of address and sources of income and will ask you to
complete a document (mandate) identifying you and containing a specimen of your
signatures.
3.3 You can authorise another person to operate your account(s).
You will need to sign a third party mandate in respect of those account(s). On
joint accounts, all of you must sign. You can also do this by signing a Power of
Attorney but you should take legal advice before doing so. If you authorise
another person to operate your account then you will be responsible for their
actions or omission as if they were your own. The Bank reserves the right to
make appropriate checks against the person appointed as your Attorney and if
the Power is executed by you abroad we will need to see a copy of it attested
by a notary.
4 Giving Us Instructions
4.1 You or any authorised person or joint account holder must give
us instructions in writing, in accordance with 4.3 below.
4.2 In the case of joint accounts, if any one of you tells us of a
dispute between any of you, we may treat this as notice of cancellation of the
authority. If we do, any further transactions will need the authority of you
all.
4.3 We can only act on instructions (including instructions to
make or collect payments from or into your account) given on a document bearing
your or any joint account holder or authorised person's original signature(s)
or on any faxed transmission of such a document (subject, in the latter case,
to the authority and the indemnity relating to faxed instructions contained in the
mandate). As long as we have followed your instructions correctly, we can
deduct the amount of any payment from your account. You agree that we may rely
on any account number quoted in an instruction as the correct account to be
debited or credited.
4.4 If you give us an instruction by fax we can ask for the
original signed copy of that instruction before we act on it.
4.5 We can refuse to act on any instruction if:
4.5.1 we have a good reason for thinking that you or any joint
account holder or authorised person did not give us the instruction; or
4.5.2 the instruction is not clear; or
4.5.3 we believe that by carrying out the instruction we might
break a law, regulation, code or other duty which applies to us; or
4.5.4 there are insufficient funds in the account.
4.6 In the event that: a petition for a bankruptcy order is
presented against you then you agree that we may:
4.6.4 refuse to act on any instructions whenever given by you or
any other party to make any payment/s out of any of your account/s or to carry
out any dispositions or transfers of any of your property or assets of any kind
unless you have previously obtained an appropriate validation order from the Court
and/or
4.6.5 set up a separate account or accounts in your name to which
any of your future receipts may be credited.
4.7 We may apply limits to transactions of certain types or
amounts from time to time. We will tell you what these limits are, and any
changes we make to them. Where possible we will do this before the changes come
into effect, but we shall not be liable to you for not doing so.
5 Paying in to your
account
5.1 We will accept payment into your account in cash, cheques or
interbank transfer, which are payable as to you or any joint account holder.
5.2 If you want to pay in a cheque or other item that has been
made payable to someone else, that person must sign it on the back. We may ask
for further details before we agree to accept it. If a cheque or other item is marked
on the front 'not transferable' or 'account payee', we reserve the right not to
accept it for any account other than the account of the person named on it.
5.3 You can pay cash or cheques into your account by post, over
the counter at any of our branches, and by personal delivery. We can only
accept responsibility for these after we have received and checked them.
5.4 If items are paid into your account on a working day, we will
normally deal with them that day, so long as we receive them before the
relevant cut-off time. Please also see condition 7 below regarding cheques paid
in to your account. Items paid in after the cut-off time or over the weekend or
on a public holiday, will be dealt with on the next working day.
5.5 If you pay cash alone into your account over the counter at
any of our branches, or we receive cash from you in the post (or by personal
delivery), we will normally deal with it that day and you will normally be able
to withdraw the money immediately. Your cash will be treated as cleared for
interest calculation purposes on the day it is paid in.
5.6 If you pay in a mixture of cash and cheques into your account
on the same paying in slip you will be able to withdraw the cash on the next
working day. Your cash will be treated as cleared for interest calculation purposes
on the day it is paid in if we receive it on a working day and before the
relevant cut-off time. Otherwise it will be treated as cleared on the next
working day.
5.7 When you pay in cash to settle a credit card, storecard or
utility bill, you will need to follow the payment instructions provided by that
company to ensure that payment is received in time to avoid interest or other penalties.
5.8 When you pay cash into your account at other banks for the
credit of your account with us, you will have to wait three working days before
withdrawing the money. This is because it takes time for the credit to reach your
branch. The cash is treated as cleared for interest calculation purposes two
working days after it has been paid in. When you pay in cash at any of our
branches for the credit of an account at any other clearing
bank, the beneficiary will have to wait three working days before
withdrawing the money. This is because it takes two working days to reach that
bank.
5.9 When you pay a cheque into your account it will normally take four
working days before you can withdraw the money unless you ask for special
presentation. However, the amount to be credited will show on your balance
before the cheque is cleared.
A cheque must be 'cleared' (i.e. payment of the amount shown on it
confirmed) to allow you to withdraw the money and to calculate any interest
payable either by us to you or by you to us.
A cheque can be subsequently returned unpaid even if we have
decided to allow you to withdraw the money and/or the amount shown on the cheque
has been included in your available balance on your account. (See 6.7 below).
We treat cheques as being cleared for interest calculation
purposes four working days after they have been paid in. If you withdraw money
which is not cleared for interest calculation purposes, you may be charged interest
even though your account shows a credit balance.
If you pay a cheque drawn on one of our branches into that branch,
you will normally be able to withdraw the money the next working day. The
cheque is treated as cleared for interest calculation purposes on the day it is
paid in
6 Payments from your
account
6.1 We will make payments from your account if you authorise them
in the ways set out in these terms and conditions and in any other way we have
agreed with you and there are enough cleared funds in your account to cover the
payments, or, the amounts due are covered by an overdraft we have agreed with
you. However, we may decline to make a payment you request us to make if the
amount exceeds any limit we set.
6.2 We will normally deduct cash withdrawals made over the counter
at one of our branches from your account on the same day.
6.3 Cancelling or
stopping payments
6.3.1 Once we have made a payment, you will not be able to cancel
your instructions.
6.3.2 Please see condition 7 in relation to stopping payment of
cheques.
6.3.3 If you want to cancel a standing order, you should tell us.
6.3.4 You can cancel a Direct Debit by either telling the person
or organisation that collects the Direct Debit from your account or us.
6.3.5 You can only cancel payment instructions given to us in
advance, including standing order and Direct Debit payment instructions up to
the day before you have asked us to make the payment.
6.3.6 To cancel a regular payment other than a Direct Debit or
Standing Order you should tell the person/organisation that collects the
payment from your account.
6.3.7 You cannot cancel a cash transaction or a card payment
6.3.8 Cash withdrawals made via our debit card are subject to
separate terms and conditions to which you are referred.
6.4 Foreign Currency
Payments
6.4.1 If we make payments in a currency other than the currency of
your account, we will tell you the rate of exchange and the fees we may charge.
6.4.2 Depending on the currency involved and certain other
factors, it might not be possible to convert the amount and complete the
transaction on the day that you give instructions to us.
6.4.3 If the transaction is conditional on the exchange rate for
conversion or on the date of completion you must inform us of this when giving
us your instructions. This clause only applies to accounts held in the UK and
not to those held offshore.
6.5 Automated Payments
6.5.1 The central clearing cycle for automated payment is normally
three working days. (If the person you are paying banks at the same bank as you
the amount will usually be credited on the same day payments may take longer
than three working days through some financial institutions). Where
automated withdrawals (e.g. standing orders and direct debits) or
cheque payments are debited to your account, they will normally be debited at
the beginning of the working day that they are received or due. This means that
if you pay cash, make a transfer or make a CHAPS payment into your account on
the day a withdrawal is due, it may be credited too late to meet that
withdrawal, The clearing cycle may also take longer when paying via some
financial institutions as an agent (such as the post office)
6.5.2 If your account becomes overdrawn, we may cancel any of your
direct debits, standing orders and other direct payments from your account. We
will normally give you at least 7 days' notice but in exceptional
circumstances, where we consider this necessary to prevent abuse of your
account, we may cancel a payment without giving you notice. If your account is
subsequently in credit, those payments will not be automatically reinstated. If
you wish to reinstate them you must apply in writing.
6.6 Balance on your
account
The balance shown on your account may include cheques and other
items paid into it that have not yet been cleared. Unless we have agreed in
advance to let you draw against uncleared items we can always refuse to allow
you to do so and the fact that we allow you to draw against uncleared items on
one occasion does not mean that we cannot refuse to allow you to do so on
another occasion.
6.7 Returned payments
If an uncleared cheque or other item is returned unpaid we will
debit your account with the amount and with any interest we have paid you on
it, even if you have already withdrawn against it. You may incur a charge and
if debiting the item overdraws your account, interest may be charged - see
Condition 9 for details. If the item is returned to us with an indication from
the bank it is drawn on that it may be paid if it is presented again through
the clearing, we are not obliged to do this. We will normally only present such
a cheque or other item again if it is above a certain amount. This amount may
change. We will tell you what this amount is when you open your account and if
it changes.
7 Cheques
7.1 You must ensure that there are always sufficient available
funds in your account to cover cheques and other payments to be made from it.
Available funds include the available balance of any overdraft, which we have given
you on your account.
7.2 When you issue a cheque on your account, the amount will
normally be deducted from your account two working days after the recipient
pays it into their account. More time may be needed for a cheque paid into a building
society account or any bank outside England, Wales or Scotland or any account
held at another non-clearing bank.
7.3 A cheque paid in at your own branch will be deducted from your
account on the same day. If you issue a cheque on your account and it is paid
in by the recipient over the counter at your own branch, the amount will be
deducted on the same day. If you cash a cheque at any of our branches, the
amount will be deducted from your account on the same day. If you issue a
cheque, which is specially presented, the amount will be deducted from your
account on the day it is received at your branch, which is likely to be on the
working day after the day it was paid in by the recipient (but it could even be
on the day it is paid in).
7.4 If your account goes overdrawn or your existing overdraft
increases as a result of our deducting a cheque from your account, we may
charge you interest from the day the amount of the cheque is deducted from your
account. (Please also see clause 9).
7.5 You should always date a cheque, as undated cheques are likely
to be returned with a request to include a date.
7.6 You should not write a future date on a cheque. If you do and
the cheque is presented for payment before that date we can decide whether to
pay or return it. In either case, we will not be liable to you.
7.7 We will 'stop' one of your cheques drawn by you at your
request as long as:
7.7.1 the cheque has not been guaranteed;
7.7.2 the cheque has not already been paid; and
7.7.3 you give us sufficient details including;
.
The cheque number i.e. the number appearing on the face of the cheque.
.
The number of the account on which the cheque was drawn.
.
The name of the payee.
.
The amount of the cheque.
.
The date of the cheque.
We cannot 'stop' a Counter Cheque or Bankers Draft that you have
asked us to draw for you.
7.8 If you send a cheque through the post, it will help to prevent
fraud if you clearly write the name of the person you are paying the cheque to
and put extra information about them on the cheque. You should draw a line through
unused space on the cheque so unauthorised people cannot add extra numbers or
names.
7.9 Cheques you receive normally become out of date after 6 months
and you should pay them into your account so they clear before they expire.
Outdated cheques will be returned to you. We will notify you when this happens.
7.10 Cheques can be returned unpaid by the bank of the person who
wrote the cheques even where funds have been made available.
7.11 You should only write cheques in the currency of your
account. If you need to make a payment in a currency other than the currency of
your account, we will advise you on the best way to do so.
7.12 If it is necessary to make amendments to a cheque you are
writing, these should be made clear by crossing through the error and signing
the correction.
7.13 When writing a cheque, you must take all reasonable
precautions to prevent anyone else altering it or making a forgery including
using ink to write the cheque. You may be liable for cheques which have been altered
or signed by someone else if you have not taken all reasonable steps to prevent
anyone from doing this and/or if you have not notified us of any actual or
suspected event in accordance with clause 7.14 below.
7.14 If your cheques are lost or stolen, or if you think that
someone has signed one of your cheques without your permission, you must tell
us as soon as you can.
7.15 Foreign cheques
7.15.1 By 'foreign cheques' we mean cheques drawn in a foreign
currency other than in sterling.
7.15.2 If you want to pay in cash or a cheque in one currency into
an account in another currency, e.g, a cheque drawn in US dollars into a
sterling account, we will convert the amount at our applicable rate of
exchange. We will tell you the exchange rate and, where applicable, the fees we
charge for negotiating or collecting the cheque.
7.15.3 We may decide or agree to negotiate a foreign cheque
although we are not obliged to do so. This means that we will credit your
account on the day we receive the foreign cheque if credited to a sterling
account, or with a pre-determined forward value if credited to a foreign
currency account, with the full amount or the converted amount but if it is
returned unpaid, we will have 'recourse' against you (as well as anyone who has
signed or endorsed it) and we are entitled to deduct from your account either
the amount we added or, if we converted the cheque into another currency, the amount
reconverted at the exchange rate applicable on the date we make the deduction.
This means that if the exchange rate has changed the amount we deduct could be
greater than the amount we originally added.
7.15.4 For details of how and when interest is calculated and
applied in relation to amounts added to or deducted from your account following
negotiation of a foreign cheque, please ask at your branch.
7.15.5 For a foreign cheque that we negotiate, we will deduct our
fees at the time that you pay it in. If a cheque is returned unpaid, we will
also deduct a further fee at the time it is returned. Agents' fees may also be
payable whether the cheque is paid or not. These will be deducted from your
account when we receive notice of them. This may be after the foreign cheque
has been dealt with.
7.15.6 We may decide or agree to send a foreign cheque for
collection although we are not obliged to do so. We will either:
.
send the cheque directly to the bank on which the foreign cheque is drawn for
payment, or
.
pass the foreign cheque through the appropriate clearance system in the country
where the foreign cheque needs to be presented for payment. We may appoint an
agent in that country to do this for us. We will credit your account with the
amount of the foreign cheque (subject to clauses 7.15.2 and 7.15.7) when we or
our agents have received the funds and are satisfied that they can be credited
to your account. This may involve us or our agents waiting for a period of time
after receiving funds from the bank upon which the foreign cheque was drawn so
we or they are certain that it has cleared and has not been returned before we
credit your account.
You should be aware that a cheque, which has been sent for
collection, can be returned unpaid even after we have credited your account
with the amount of the cheque. If this happens we reserve the right to debit
your account with the amount we credited your account with, or if we converted
the cheque into another currency, the amount reconverted at the exchange rate
applicable on the date we make the deduction. This means that the amount we
deduct could be greater than the amount we originally added.
7.15.7 For a cheque that we collect, we will deduct a fee from the
proceeds at the time we receive them or, if it is not paid, we will charge a
fee at the time we receive the unpaid cheque. Agents fees and/or fees of the
bank on which the cheque is drawn may also be payable whether the cheque is
paid or not. These will be deducted from your account when we receive notice of
them. This may be after the foreign cheque has been dealt with.
7.15.8 You must endorse any foreign cheques you pay into your
account. This means that you must sign on the back. Your signature should be in
the same form as your name on the front of the cheque.
7.15.9 Whilst we take care in choosing our agents when negotiating
or collecting any foreign cheques, we do not accept liability for any loss,
damage or delay that is not directly due to our own negligence. If exchange
restrictions or some other cause result in us receiving payment in a currency
different from that of the cheque, neither we nor our agents will be liable for
any loss in exchanging the proceeds into the currency of your account.
7.15.10 Because of difficulties that occur from time to time with
foreign cheques drawn on banks abroad, for example exchange restrictions, we
may not always be able to negotiate or collect foreign cheques for you.
7.15.11 When we refer to foreign cheques, we also mean other forms
of foreign payment, unless other arrangements are in place between you and us
in respect of any other forms of foreign payment. The Uniform Rules for
Collections, as published by the International Chamber of Commerce from time to
time, also apply to any negotiation or collection of foreign cheques or other
forms of foreign payment. If you would like a copy of these, please ask us.
7.15.12 We will keep original cheques paid from your account or
copies for at least six years unless we have already returned these to you.
8 Electronic Payments
(This clause applies to electronic payments in addition to the
remainder of the Terms and Conditions)
8.1 You can instruct us to make electronic payments from your
account to beneficiaries in the UK or abroad by electronic fund transfer.
8.2 To make an electronic payment you need to complete the
appropriate written instruction form depending on the type of electronic
payment you require us to carry out. In the future, we may accept instructions
in other ways, such as via the telephone or Internet.
8.3 You must make sure that you give us the correct details of the
bank, the bank sorting code, (for payments within the UK) or national bank code
IBAN number and SWIFT code (for payments outside the UK), bank account number
and the name and address of the beneficiary to whom the payment is made. In
order for us to meet our statutory obligations, details of your name and
address, our reference number, or date and place of birth will be passed to the
beneficiary's banker.
8.4 We do not accept liability for any kind of loss or delay
occasioned by any incorrect description by you of the beneficiary's name or
bank or account details.
8.5 Making the Payment
8.5.1 We will send your payment in the currency requested for
electronic fund transfers.
8.5.2 In respect of priority payments, payments may be made for
any amount in any freely traded currency. However, unless your beneficiary has
requested that you send the payment in a particular currency and you have
completed the appropriate boxes on the priority payments application form, where
possible, we will send the payment in the currency of the destination country.
8.5.3 We shall endeavour to ensure that payment is credited to the
bank account of the beneficiary on the same day that we process the payment for
electronic fund transfer. In respect of priority payments, same day value can
be achieved in a few financial centres; otherwise you should expect payments to
be received by the beneficiary's bankers within 3 to 6 business days (a
business day being a day when banks are open for business both in London and in
the financial centre of the foreign currency being transferred).
8.5.4 Circumstances beyond our control or that of any
correspondent we may select may cause delays in whole or in part, these may
include the following but are not limited to them: the action of any government
or government agency, industrial action (whether involving our staff or not),
equipment failure, or interruption to power supplies, or the information you
gave us is incorrect, or if there are complications in the routing of your
payment or in overseas banking systems. In addition, all banks apply different
cut off times for the processing of payments in foreign currencies.
8.5.5 Where we select any correspondent we shall exercise
reasonable care in making any such selection but, subject to that, we shall not
be liable for any failure to perform or any act of omission of any such
correspondent, which will act for your account and at your risk.
8.6 Charges
8.6.1 A charge will be made when you give us your instructions to
make the payment. This will be debited to your account. You will also have to
pay us any additional expenses we incur in making the electronic payment in
accordance with your instructions e.g. confirmation that a beneficiary's bank account
has been duly credited (net of any pre-payment the customer has made on the
account of this expense). These may either be debited to your account or
deducted from the remittance.
8.6.2 We will also make a charge for any enquiries we receive in
respect of any payment made in accordance with your instructions whether
enquiries are made by you or by any other person. These charges will apply in
respect of each electronic payment instruction (but we will not charge you if
we have made an error). The enquiries, which will generate charges, may include
the following but are not limited to them: refunds, cancellations, amendments,
duplicated services, copies of cleared payments and enquiries about whether the
funds have cleared. A charge will be made per payment instruction.
8.7 Cancellation of a
Payment
You cannot normally cancel a payment that you have instructed us
to make after we have accepted your instructions. However, if you ask us to we
will do all we can to recall the payment but we cannot guarantee that we will
be able to do so once your instructions for the payment have been received and
acted on. Any refund of the amount retrieved will be made net of any incidental
expenses.
8.8 Return of a
Payment
If, for any reason, a payment is returned to us we will convert
the amount at the exchange rate applicable at that date and credit it to your
account. This means that if the exchange rate has changed the amount we credit
could be less than the amount originally paid out by you.
9 Interest rates and Bank
Charges
9.1 We will pay you interest on your account (after deduction of
tax) when it is in credit and charge you interest if it is overdrawn. A higher
rate of interest will be charged if we have not given you an overdraft or to
the excess if you exceed an overdraft limit which we have given you. We will
tell you what the rates are and how interest will be calculated and about any
changes in the rates.
9.2 We will tell you our tariff of charges for basic account
services and about any changes in the tariff. We will give you at least 14
days' notice of charges to be debited. We will also tell you about any charge
for a service related to your account, which is not in our tariff. We will do
this on request or before or when we provide the service to you.
9.3 The period during which charges for transactions and debit
interest on your account build up before we debit them from your account
('Charging Periods') will usually be on a quarterly basis. The initial Charging
Period will commence on the day your account is opened and include all
transactions up to and including the next Quarter Day.
9.4 We may change our interest rates at any time, by giving you
direct notice within 30 days of the change. Details will also be posted elsewhere
on our website.
9.5 We may change our charges for the day-to-day running of your
account or introduce such charges by giving you at least 30 days' direct
notice. Again details will be posted elsewhere on our website.
9.6 We may change or introduce charges for any other service or
product at any time but we will tell you what the charge is before we provide
you with any such product or service and at any time you ask.
9.7 We will deduct tax from interest payments at the rate
applicable to savings income, unless you are entitled to receive interest gross
and have completed and delivered to us the appropriate form confirming that you
are not liable to tax.
10 Overdrafts
10.1 If you are 18 or over, we may at our discretion provide an
overdraft facility on your account (except saving accounts). When we agree to
do so we will tell you the terms of the facility, the limit and the interest
rate and charges which you must pay and we will confirm these details and any
other conditions in writing. In some cases, we may need security.
10.2 We may make any enquiries which we think are appropriate when
you apply for an overdraft facility or if we wish to consider increasing the
limit.
10.3 You must bring the account into cleared credit from time to
time. As a minimum, this will mean once a year or if the overdraft facility is
specified for a shorter period, on expiry of that period.
10.4 We can also require you to repay any overdraft on your
account at any time (unless we have told you in writing that an overdraft on
your account is available for a specific period of time). If we have given you
an overdraft on your account, we will wherever possible give you at least 30
days' notice to repay it as long as you have not exceeded your overdraft limit
and none of the events in Condition 10.5 have occurred.
10.5 If we have made an overdraft on your account available for a
specific period of time, we can require you (or your estate in the event that
you die) to repay it at any time if:
10.5.1 You are in breach of any of these Conditions;
10.5.2 You fail to make payments into an overdrawn account as
required under the relevant facility letter or loan agreement;
10.5.3 You are in breach of any financial obligation you owe to us
or anyone else;
10.5.4 Any step application or proceeding is taken by you for an
individual voluntary arrangement or composition or reconstruction of your debts
or bankruptcy.
10.5.5 Any distress or execution is levied on or affects any of
your property or assets;
10.5.6 You are deemed to be unable to pay your debts.
10.6 If you:
10.6.1 Overdraw your account when we have not given you an
overdraft on it; or
10.6.2 Exceed the limit of any overdraft that we have given you on
your account
You are in breach of these Conditions and must immediately pay
sufficient money into your account to put it back into credit (or back within
the overdraft limit on your account), taking account of any interest and charges
you will have incurred. We have the right to pay off or reduce any overdrawn
balance on your account by transferring funds from any other account you hold
with us.
11 Responsibility for
borrowing
11.1 You are personally responsible for any money you owe us,
whether this arises from your own actions or from the actions of someone
authorised by you.
11.2 Joint account holders are individually and jointly liable for
money owed to us, unless we have agreed otherwise in writing. We have the right
to demand repayment from all or any account holders or partners for all or part
of such money. Where any of you has an account with us in your sole name, we
can set-off these monies against any money owing to us on the joint account
even if the accounts are in different currencies and/or jurisdictions.
12 Closing your account
12.1 If we wish to close your account, we will give you at least
30 days' notice in writing unless there are circumstances that justify us in
ending our relationship earlier.
12.2 If you are not happy about your choice of account within 14
days of making your first payment into your account, we will help you to switch
to another of our accounts or we will close your accounts and pay you the
balance in your account with interest at the rate(s) if any applicable to your
account. We will ignore any additional charges and any notice period that
applies to your account.
12.3 We reserve the right not to close your account until you have
returned any plastic cards we have given you and any unused cheques. You must
repay any money you owe us, including the amount of any cheques you have issued
or card transactions you have made, which have not been taken out of your
account, and any charges incurred.
13 Our liability to you
and your liability to us
13.1 Subject to the other provisions of this Condition 13, we will
be liable to you for any loss, injury or damage resulting from any failure,
delay or error in carrying out your instructions unless or to the extent caused
by you, but our liability will be limited to the lower of:
13.1.1 the amount of such loss, injury or damage; and
13.1.2 the amount of any interest you do not receive or any
interest you have to pay as a result of such failure, delay or error.
13.2 We will not be liable to you if we do not act on your
instructions for any reason under conditions or if we cannot carry out our
responsibilities under this agreement as a result of anything that we cannot
reasonably control. This includes, amongst other things, any machine failing to
work, complete or partial closure of any payment or settlement system such as
CHAPS, industrial disputes and any act, omission or delay of any agent,
correspondent or paying bank, or any third party.
13.3 We will not be liable to you in any circumstances for:
13.3.1 loss of business, loss of goodwill, loss of opportunity,
loss of profit; and
13.3.2 any type of special, consequential or indirect loss
whatsoever.
13.4 If you wish to make a claim on us under this agreement you
must notify us and give us such details of the loss as we may request as soon
as you have identified it and in any case within six months after you become
aware or should reasonably have become aware of the event or omission on which
your claim is based. If you do not do so we will not be liable to you.
13.5 You will reimburse us for any costs incurred, loss, damage or
liability we or our agents suffer in acting upon your instructions or resulting
from the effect any local laws or regulations have on payments made in accordance
with your instructions or as a result of any breach by you of the terms of this
agreement.
13.6 You will carefully control the issue of all instructions to
us and make sure they are in accordance with the authority you have given us.
We will not be liable to you if it can be shown that you have not exercised reasonable
control over the operation of, and access to, your account and our services.
14 Savings Accounts
14.1 The terms set out in this clause 14 only apply to savings
accounts (the 'Savings Account'). They apply in addition to the remainder of
these Conditions, but to the extent that they may be inconsistent with any
other provision of these Conditions then the terms in this clause 14 shall
prevail..
14.2 The Savings Account is a deposit account and must not be used
to carry out business transactions.
14.3 There are no minimum or maximum amounts you may invest in
your Savings Account.
14.4 You must ensure that you have sufficient cleared funds in
your Savings Account before making a withdrawal. If there are not enough
cleared funds in the Savings Account to meet a withdrawal or payment out of the
Savings Account we will refuse to carry out an instruction to do so.
14.5 Until further notice, interest is worked out daily, on the
cleared balance of the Savings Account at the close of business. Please note
that a Savings Account should not become overdrawn. However, if the Savings Account
does become overdrawn for any reason, we may charge you interest at the
unarranged borrowing rate of interest applicable to the account.
14.6 Interest rates applicable to Savings Accounts (including the
unarranged borrowing rate of interest) may change from time to time, but
revised rates are available in our branch on the date of change. Rates may be changed
for any of the following reasons: (a) movements in the market rates such as
Base Rate changes; or (b) to reflect market conditions; or (c) if there are
changes in the availability of deposits to us or the rates payable in respect
of such deposits; or (d) if in our opinion a variation is otherwise reasonably
necessary.
14.7 Credit interest is paid bi-annually, at the end of both June
and December. Any debit interest payable will be charged to the Savings Account
at the end of each month.
14.8 If we have your written authority to do so, we may pay the
interest earned on the Savings Account to another Isbank account held by you at
the same branch.
14.9 There are no account charges for making transfers between the
Savings Account and any other account you maintain with us.
14.10 If you wish to make a deposit in a currency that is
different from that applicable to a particular Deposit Account, e.g. a payment
in Sterling into a New Turkish Lira Deposit Account, we will convert the amount
at our applicable rate of exchange at the time of the deposit. Should you then
wish to re-convert the deposited amount back to the original currency at a
later date you should note that the exchange rate used to reconvert the funds
will not be the same as that used at the time you made your deposit. This means
that the capital amount you receive when your deposit matures may be less than
the amount that you would have received had you made a deposit in the original
currency. We will not be responsible for any such loss.
15 Notice Accounts
15.1 The terms set out in this clause 15 only apply to notice
accounts (the 'Notice Account'). They apply in addition to the remainder of
these Terms and Conditions, but to the extent that they may be inconsistent
with any other provision of these Terms and Conditions then the terms in this
clause 15 shall prevail.
15.2 Notice Accounts are deposit accounts and must not be used for
the purposes of business transactions.
15.3 There is no minimum or maximum amount you can invest in a
Notice Account.
15.4 You must ensure that you have sufficient cleared funds in
your Notice Account before making a withdrawal. If there are not enough cleared
funds in the Notice Account to meet a withdrawal or payment out of the Notice
Account we will refuse to carry out an instruction to do so.
15.5 We will pay you interest either annually, at the end of
December, or at maturity where the requisite notice has been received for
withdrawal in full of the capital, at the appropriate Notice Account rates.
15.6 We may at our discretion vary any of the applicable rates of
interest at any time. Rates may be changed for any of the following reasons:
(a) movements in the market rates such as Base Rate changes; or (b) to reflect market
conditions; or (c) if there are changes in the availability of deposits to us
or the rates payable in respect of such deposits; or (d) if in our opinion a
variation is otherwise reasonably necessary.
15.7 You may make a single withdrawal of up to £500 without notice
or penalty from any Notice Account.
15.8 For subsequent withdrawals or with the prior agreement of the
Bank you may be able to withdraw your money in full without giving us the
relevant period of notice applicable to your Notice Account. However, if you do
so you will lose the interest, which would have accrued on the amount withdrawn
for the duration of the notice period applicable to the Notice Account.
15.9 If you wish to make a deposit in a currency that is different
from that applicable to a particular Deposit Account, e.g. a payment in
Sterling into a New Turkish Lira Deposit Account, we will convert the amount at
our applicable rate of exchange at the time of the deposit. Should you then
wish to re-convert the deposited amount back to the original currency at a
later date you should note that the exchange rate used to reconvert the funds
will not be the same as that used at the time you made your deposit. This means
that the capital amount you receive when your deposit matures may be less than
the amount that you would have received had you made a deposit in the original
currency. We will not be responsible for any such loss.
15.10 We will issue statements every month and on request for
Notice Accounts.
16 Fixed Term Deposit
Accounts
16.1 The terms set out in this clause 16 only apply to fixed term
deposit accounts (the 'Fixed Term Deposit Account'). They apply in addition to
the remainder of these Conditions but to the extent that they may be inconsistent
with any other provision in these Terms and Conditions then the terms in this
clause 16 shall prevail.
16.2 We will only accept cleared funds as a Fixed Deposit. A
cheque used as a deposit must be placed in your current account you hold with
us until it has cleared. We will then open your Fixed Deposit by transferring the
cleared funds. You will receive the interest rate applicable when your Fixed
Deposit is opened.
16.3 The interest rate you receive is fixed for the term of the
Fixed Deposit and is calculated daily on the cleared balance. We will tell you
what the applicable interest rate is when your Fixed Deposit is opened.
16.4 We will pay you interest when we repay your deposit. The
interest may be added to your Fixed Deposit or credited to you by cheque or by
automated bank transfer to any UK bank account that you may nominate for such
purpose.
16.5 Interest will be paid subject to deduction of any tax that
may be due.
16.6 You cannot make additions to your initial Deposit but you can
open more than one Fixed Deposit. Each Fixed Deposit will receive interest at
the rate applicable at the time of opening.
16.7 No early withdrawals of capital are allowed during the term
of the Fixed Deposit either in whole or in part.
16.8 You must contact us at least two working days before your
Fixed Deposit matures to let us know what you wish to do on maturity. In the absence
of any other instructions, we will renew your Fixed Deposit for the same term
at the prevailing interest rate when it matures. If you wish you can provide us
with standing instructions when you make a Fixed Deposit or set up an automatic
rollover so that until further notice your Fixed Deposit is renewed for the
same term at the prevailing interest rate each time it matures.
16.9 If you wish to make a deposit in a currency that is different
from that applicable to a particular Deposit Account, e.g. a payment in
Sterling into a New Turkish Lira Deposit Account, we will convert the amount at
our applicable rate of exchange at the time of the deposit. Should you then
wish to re-convert the deposited amount back to the original currency at a
later date you should note that the exchange rate used to reconvert the funds
will not be the same as that used at the time you made your deposit. This means
that the capital amount you receive when your deposit matures may be less than
the amount that you would have received had you made a deposit in the original
currency. We will not be responsible for any such loss.
17 Confidentiality and
Disclosure of information, Data Protection etc
17.1 We will treat any personal or business information you give
us as confidential and it will not be disclosed to anyone, other than where:
17.1.1 we are legally required to disclose, or
17.1.2 we have a public duty to disclose, or
17.1.3 our interests requires disclosure, or
17.1.4 the disclosure is made with your consent, or
17.1.5 set out in the terms below.
17.2 We may put the information obtained by us or given by you in
your dealings with us on our information systems. This will be used by us for
assessment and analysis and so that we can develop and improve our services to
you and other customers and protect our interests.
17.3 We will inform you about products and services which may be
of interest to you.
17.4 We may give information about you and h |