- (a) information on Account balances;
- (b) information on Account transactions;
- (c) view, cancel or amend standing orders on an Account;
- (d) cancel direct debits on an Account;
- (e) cheque search from the last statement date on a Current Account;
- (f) domestic funds transfer between Designated Accounts in the UK
- (g) payment of those categories of bills in respect of which
- the Customer has effected registration with the Bank as listed at Clause
- 3.2 of these Terms and Conditions (which may be amended or extended by
- the Bank from time to time) (the "Bill Payment Service");
- (h) statement request in respect of Current, Savings and/or Loan Accounts;
- The Services may be altered by the Bank from time to time at its discretion
- (a) the Customer is the legal and beneficial holder of the Accounts;
- (b) the Bank has been provided with an authority from the customer ("Mandate") to operate the Accounts.
- To the extent to which the provision of the Services (or any of them) necessitates an alteration or amendment of the terms of the Mandate, the terms of the Mandate are hereby deemed to be amended to that extent only. The Bank shall not be responsible for verifying the existence or the terms of the Mandate.
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Where the Bank is not a party to the provision of any of the above services by the service provider any and all inquiries and/or disputes in respect of those services should be directed by the Customer to the relevant service provider. Queries in respect of credit cards and charge cards should be directed to the relevant card issuer. 3.3 The Bank may refuse to act on any Instruction (as defined in Clause 5.1 below) without liability to the Customer where sufficient cleared funds are not available or where an agreed overdraft facility is not in place on the Account (where applicable) or where such overdraft facility (if in place) would be exceeded if the Bank acted on the Instruction. 3.4 Customers may register to effect payments by means of a funds transfer to Designated Accounts (other than the list set out at 3.2 above) within the UK. Payments will not be permitted to a new Designated Account until such registration is verified by means of an OTAC issued by the Bank to the Customer. 3.5 Funds transfers are not permitted from Loan Accounts or from Credit Card Accounts. Where a funds transfer is made to a Loan Account the resultant balance on the Loan Account may not be taken as conclusive evidence between the Bank and the Customer of the state of the Loan Account. The Customer accepts that where conclusive evidence of the state of the Loan Account is sought he/she must contact his/her branch of the Bank to ascertain the correct balance. 3.6 Domestic funds transfers to Designated Accounts are subject to transaction and other limits. Details of these limits are available from the Bank and may be altered by the Bank at its discretion from time to time. 3.6.1 Where Future Dated Payments are requested they shall be processed according to date order. Where two or more Future Dated Payments are requested for the same date they shall be processed in the order in which they were requested by the Customer. 3.7 Whilst customers may send instructions to the Bank 24 hours a day, every day of the year, in respect of payments out of an Account,(debit payments), the date of receipt of such payment instructions("D") will be that Banking Day where the payment instruction is actually received by the Bank prior to the cut-off time. The Bank will process all payment instructions received such that the beneficiary bank will be credited within three (3) Banking Days of the date of receipt by the Bank of said payment instruction(D+3). With effect from January 1, 2012 the Bank will process all payment instructions received such that the beneficiary bank will be credited within one (1) Banking Day of the date of receipt by the Bank of said payment instruction (D+1). The above referenced transaction processing times apply only to PSR regulated payments and any non-PSR regulated payments may take longer to process. 3.8 Notwithstanding the provisions of 3.7 above, where the beneficiary bank is the Bank, all such payment instructions will be processed on the same Banking Day. 4 Security/Authentication 4.1 The Bank will provide the Customer with a 365 PIN, which must be provided on request and in the form requested on each occasion the Customer accesses the Services. In addition, the User I.D. must be provided where relevant and additional security questions may be posed by reference to the password information provided by the Customer to the Bank for this purpose. Any further Security Devices prescribed by the Bank from time to time must also be furnished, as required by the Bank. 4.2 The Customer:
- (a) must keep secret the Security Devices;
- (b) must not record them or hold them in a form or manner which would be intelligible or otherwise accessible to an unauthorised person; and
- (c) must notify the Bank without delay (telephone: 08457 365333 (GB) or 08457365 555 (NI)) should the Customer either suspect or become aware that the Security Devices (or any of them) have become known or available to an unauthorised person.
- (a) the balance as at close of business on the Banking Day prior to the
- Banking Day of Access; and
- (b) all cheques due for value on the Banking Day of Access, standing orders,
- all automated debits and credits due for value on the Banking Day of
- Access, and debits and credits made by use of Branch terminals and the
- ATM network or any other electronic money transfer system.
- All transactions included under paragraph (b) above are for information purposes only
- and the Customer hereby acknowledges that their status will not be confirmed until
- close of business on the Banking Day of Access.
In such circumstances the Customer shall be free to dissolve this contract with the Bank and in so doing shall forthwith discharge all and any outstanding liabilities to the Bank. In the absence of any prior notice to the contrary, the Customer will be deemed to have accepted such revised Terms and Conditions with effect from their notified effective date. 10.2 Where applicable, standard Bank charges will be levied in respect of individual transactions/services in accordance with the Bank's then current schedule of fees and charges. Details of these fees and charges are as set out in the Bank’s Schedule of Fees and Charges which are available from any branch of the Bank and on www.bankofireland.co.uk (N.I) or www.bank-of-ireland.co.uk (GB). 11 Alterations 11.1 These Terms and Conditions, the available Services, and any associated limits or requirements, may be altered by the Bank at its discretion from time to time and will be altered by the Bank to comply with any regulatory directive or to enhance the security of the Services provided. Any such alteration shall become effective 2 months after notice of such alteration has been provided to the Customer by whatever means allowed by law or regulation the Bank, in its discretion, deems appropriate. In such circumstances the Customer shall be free to dissolve this contract with the Bank and if so doing shall forthwith discharge all and any outstanding liabilities to the Bank. In the absence of any prior notice to the contrary, the Customer will be deemed to have accepted such revised Terms and Conditions with effect from their notified effective date. 12 Limitation of Liability 12.1 The Bank shall not be liable for any delays, interruptions, errors or failures in the provision of the Services not within the reasonable control of the Bank including force majeure, those caused by failure or fluctuation of electrical power, industrial action, industrial disputes, breakdown or other malfunctions of the Customer's or the Bank's telephone or other technical equipment, including software. Additionally, the Bank shall not be liable, either in contract or in tort, for any loss or damage claimed to have arisen as a result of the non-availability, non- functioning or malfunctioning of the Services or otherwise in connection therewith. 12.2 In the event of any incorrectly executed transaction resulting from the acts or omissions of the Bank, the Bank will refund the amount of such incorrectly executed transaction and will restore an Account to the state it would have been in had the incorrectly executed transaction not taken place. 12.3 Where any transaction is effected by the Bank in accordance with any unique identifier (sort code, account number, IBAN or BIC) as supplied by the Customer but where the unique identifier supplied is incorrect the Bank shall have no liability to the Customer in respect of such transaction. The Bank will however make all reasonable efforts to recover the funds involved in such transaction. The Bank may charge the Customer in respect of all reasonable costs incurred in recovering the funds on behalf of the Customer. 12.4 Subject to the Customer's full compliance with these Terms and Conditions, the Bank shall accept liability for the non-execution or defective execution of a funds transfer between Designated Accounts or other bill payment, limited to the amount of the unexecuted or defectively executed transaction. 13 Customer Liability 13.1 The Customer must advise the Bank without undue delay, and no later than thirteen (13) months after the transaction date, of any unauthorised transaction. 13.2 In the event of an unauthorised transaction out of an Account, the Bank will, subject to 13.3 & 13.4 below, refund the amount of such unauthorised transaction and will restore the Account to the state it would have been in but for the unauthorised transaction. 13.3 Where such unauthorised transactions have resulted from the loss, theft or misappropriation of the Security Devices or any of them and where such loss, theft or misappropriation was reported to the Bank without undue delay the Customer will be liable for such unauthorised transactions up to a maximum of £50. 13.4 Where any such unauthorised transactions arise as a result of any fraud or gross negligence on the part of the Customer, the Customer shall be liable for the full amount of such unauthorised transactions. 13.5 The Bank shall have no liability whatsoever in respect of any loss or damage suffered by any person as a result of the Customer's breach of any of these Terms and Conditions. 13.6 Without prejudice to the generality of the above, the Bank shall have no liability whatsoever in respect of any loss suffered by the Customer as a result of their breach of Clause 4 by way of knowingly, negligently or recklessly disclosing the Security Devices or any of them. 14 Severance 14.1 Each of the provisions of these Terms and Conditions is severable from the others and if at any time any one or more of such provisions, not being of a fundamental nature, is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired. 15 Waiver 15.1 No time or indulgence which the Bank may extend to the Customer nor any waiver by the Bank of any breach by the Customer of any provision of these Terms and Conditions shall affect the Bank's rights and powers there under. 16 Jurisdiction 16.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of England & Wales. For the benefit of the Bank, the Customer hereby submits to the jurisdiction of England & Wales in relation to any claim or proceedings under the Conditions of Use. Where the account is held in Northern Ireland, the Conditions of Use shall be governed by the Laws of Northern Ireland and the Courts of Northern Ireland will have jurisdiction. Where the account is held in Scotland, the Conditions of Use shall be governed by Scottish law and the Scottish Courts will have jurisdiction. The Customer further irrevocably submits to any other jurisdiction in which it has assets and hereby waives any objections to any claim that any suit, action or proceedings have been brought in an inconvenient forum. 17 Termination 17.1 The Customer may terminate this Agreement at any time on notice to the bank. 17.2 The Bank may terminate this Agreement at any time on two months notice to the Customer. 17.3 In addition to the right to terminate as set out above, and without any liability to the Customer, the Bank reserves the right to block the use or operation of the Services in circumstances where;
- (a) there is a reasonable suspicion of unauthorised or fraudulent activity; or
- (b) there has been a breach of these terms and conditions by the Customer.
In addition to the general Terms and Conditions above, the following Terms and Conditions also apply to the Services provided by 365 online: 18 Funds Transfer/Payments Timing 18.1 The Customer avails of the funds transfer and/or Bill Payment Service in the knowledge that Instructions are only effective at the time of their receipt by the Bank and that there may be a time lag between the transmission of Instructions over the Internet and their receipt by the Bank. 18.2 Customers may register to effect payments by means of a funds transfer to Designated Accounts (other than the list set out at 3.2 above) within the UK. Payments will not be permitted to a new Designated Account until such registration is verified by means of an OTAC issued by the Bank to the Customer. 19 Standing Orders 19.1 The Customer may register to set up standing orders on any Account which is a current account. Any such newly registered standing order will not be activated until such registration is verified by means of an OTAC issued by the Bank to the Customer. 19.2 The Customer may request the amendment or cancellation of any standing order set up on an Account at any time. The Customer is responsible for ensuring that any such amendment or cancellation Instruction is issued in good time and the Bank shall have no liability to the Customer in respect of any payment made by the Bank on foot of a valid standing order mandate where the Instruction to amend or cancel the said mandate was not received by the Bank at any time before the end of the working day preceding the date on which the funds are being debited from your account. 20 Suitable Facilities 20.1 The Customer will, at the Customer's own expense, provide and maintain facilities suitable for gaining access to the Services (as communicated by the Bank to the Customer from time to time). 21 The Bank's Website 21.1 The information provided on the other page(s) of the Bank's Website is not intended to constitute an offer or solicitation of investment, financial or banking services to Customers and is provided for information purposes only. 21.2 The Bank claims copyright over the information contained in and the contents of its Website pages, which may not be copied, transmitted, converted, transcribed or reproduced without the prior written consent of the Bank. 22 Security 22.1 While all reasonable security precautions have been taken by the Bank, the nature of communication by the Internet is such that the Bank cannot guarantee the privacy or confidentiality of any information relating to the Customer passing over the Internet. In accessing the Bank of Ireland Website and in availing of the Services, the Customer accepts that electronic mail messaging may not be free from interference by third parties and may not remain confidential. The use of the Bank's Website is at the Customer's sole risk. We are members of the Financial Ombudsman Service and subscribe to the Banking Code. Copies of the Code are available on request. If you are not satisfied with any aspect of our service or products please contact your Relationship Manager or Customer Service Manager directly. They will be pleased to help you and explain our complaints procedure in more detail. A copy of our complaints procedure is available on request Bank of Ireland - incorporated in Ireland with limited liability. Authorised by the Financial Regulator in Ireland and by the Financial Services Authority; regulated by the Financial Services Authority for the conduct of UK business.