General Terms and Conditions Applicable to All ICS Deposit Accounts

Transcription

1 General Terms and Conditions Applicable to All ICS Deposit Accounts These Terms and Conditions are applicable to All ICS Deposit Accounts and are to be read in conjunction with the Additional Account Specific Terms and Conditions for your Account. If there are any inconsistencies between the General Terms and Conditions and the Additional Account Specific Terms and Conditions, the Additional Account Specific Terms and Conditions will override the General Terms and Conditions. Interpretation The General terms and conditions applicable to All ICS Deposit accounts along with the additional terms and conditions applicable to your specific type of Account (the Terms and Conditions) constitute the salient terms and conditions applicable to the provision of the Account by the Bank. They do not comprise an exhaustive list and fall to be read in conjunction with and subject to relevant banking law and practice. Any reference herein to Terms and Conditions includes all of the terms, conditions and provisions contained herein. Any references to legislation or tax in these terms and conditions are accurate as of the print date and are subject to change. 1.0 Definitions 1.1 Account means the Account(s) with us in your name as set out in the Additional Account Specific Terms and Conditions; 1.2 Accountholder or you is the person in whose name the account is maintained. Where the Account is opened in the name of more than one person, any references to the Accountholder includes a reference to each of such persons; 1.3 Additional Account Specific Terms and Conditions means the additional terms and conditions that apply to the Account along with these General Terms and Conditions as amended, extended or replaced from time to time; 1.4 Bank we or us means The Governor and Company of the Bank of Ireland having its Head Office at 40 Mespil Road, Dublin 4, and its successors and assigns; 1.5 Banking Day means the periods of time in any one day during which the Bank is open for business in Ireland, and non-banking Day (i.e. Saturdays, Sundays and Bank Holidays) shall be construed accordingly; 1.6 Society or ICS means ICS Building Society having its chief office at New Century House, IFSC, Mayor Street Lower, Dublin 1 and shall include it successors and assigns. 2.0 ICS Building Society 2.1 The Account is held with the Society, which is a subsidiary of the Bank. The Bank administers the Account on behalf of the Society. 2.2 The Accountholder is bound by the rules of the Society, a copy of which is available from any Bank branch. 3.0 Maintenance of the Account 3.1 The Accountholder must conduct the Account in credit at all times. 3.2 If an amount is debited or credited to your Account in error by the Bank, the Bank may make any necessary correcting entry on your Account without the need for the Accountholder s approval. 3.3 If a credit to the Account is subsequently recalled or not credited by the paying bank the Bank may make any necessary correcting reversal entry without the Accountholder s Page 1 of 10

2 approval and the Accountholder will be liable to pay the Bank any debit which may arise as a result. 3.4 Any correspondence or notices sent by the Bank to the Accountholder by post to the last address notified by the Accountholder, shall be deemed to be received by the Accountholder two Banking Days after dispatch by ordinary post, or immediately upon delivery by hand. 4.0 Identification and Account Opening 4.1 To ensure compliance with its obligations under law and regulations concerning the prevention of money laundering and terrorist financing and to comply with 5.2 and 5.3 below you may be required to produce to the Bank satisfactory evidence as to your identity, current permanent address, the source of the funds lodged or proposed to be lodged to the Account and your PPSN/Tax reference number. 4.2 We reserve the right not to open an Account. 5.0 Deposit Account Interest 5.1 The Bank will pay interest in accordance with the Additional Account Specific Terms and Conditions. Interest is subject to Deposit Interest Retention Tax (DIRT) which the Bank will deduct at the prevailing rate. 5.2 Details of interest paid, along with details of the person to whom the interest is paid, may be reported to the Revenue Commissioners, in accordance with the requirements of s891b of the Taxes Consolidation Act, For Customers who are not resident in Ireland but are resident in a Member State of the EU or one of the reportable territories, the Bank must disclose to the Irish Revenue Commissioners, details of the Customer s identity, address and interest paid to the Customer, in accordance with the requirements of Chapter 3A ot the Taxes Consolidation Act, 1997 (Implementation of EU Savings Directive). 6.0 Non-Residents 6.1 In order for Non-Resident personal Accountholders to avail of an exemption from D.I.R.T., a minimum balance (inclusive of accrued interest) of 6,500 must be maintained at all times. An appropriate Revenue non-resident declaration form must also be fully completed by the individual(s) within prescribed time limits. Where the balance falls below the minimum requirement, the Account will be subject to D.I.R.T.. The Bank shall advise you in writing in the event of this occurrence. 7.0 Amendment of Terms & Conditions 7.1 The Bank reserves the right at all times to introduce new Terms and Conditions and to vary or amend the existing Terms and Conditions by giving notice thereof to the Accountholder by whatever means the Bank, in its discretion deems appropriate, in which circumstances the Accountholder 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 respect of the Account. In the absence of any prior notice to the contrary, the Accountholder will be deemed to have accepted such revised Terms and Conditions with effect from their notified effective date. 7.2 The Bank reserves the right at all times to vary any and all applicable interest rates by giving notice thereof to the Accountholder by whatever means the Bank, in its discretion deems appropriate, save where the variation is to the benefit of the Accountholder in which circumstances the Bank may implement such variation with immediate effect and notify the Accountholder thereafter. Page 2 of 10

3 8.0 Waiver 8.1 No time or indulgence that we may extend to you and no waiver by us of any breach of any term or condition of these Terms and Conditions shall affect our rights and powers under the Terms and Conditions. 9.0 Joint Accounts and Joint and Several Liability 9.1 Where the Account is opened in the name of more than one person the agreements, obligations, indemnities and liabilities of such persons herein contained are joint and several Indemnity 10.1 You shall hold us harmless from any loss or damage suffered by any person as a result of your breach of any of the Terms and Conditions Severance 11.1 Each of the provisions of the 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 the Terms and Conditions shall not in any way be affected or impaired Jurisdiction 12.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection herewith Termination 13.1 The Accountholder may terminate this contract at any time on notice to the Bank. A funding loss charge and/or default interest rate may apply for early withdrawal before the maturity of the Account where applicable. Details can be found in the Additional Account Specific Terms and Conditions of your Account included herewith, if applicable The Bank may terminate this Agreement at any time on 2 months notice to the Accountholder In addition to the general right to terminate as set out above, and without any liability to the Accountholder, the Bank may terminate this Agreement and close the Account immediately or, at the discretion of the Bank, may immediately block the use or operation of the Account in circumstances where; (a) The Bank is made aware of the death, bankruptcy or other act of insolvency of the Accountholder; (b) The Accountholder has failed security checks in a manner that the Bank deems unacceptable; (c) There is a reasonable suspicion of unauthorised or fraudulent activity on the Account; or (d) There has been a breach of these terms and conditions by the Accountholder. Where the Account is so closed or blocked, the Accountholder will be notified and, where the Account is blocked, the Accountholder will be advised as to how the block may be removed Making a Complaint 14.1 The Bank is committed to providing excellent customer service at all times. If the Accountholder wishes to make a complaint, the following steps will apply: (a) Raise the complaint at the Bank of Ireland branch where the problem arose, either in person or over the phone to the branch customer service manager (or any member of staff) or in writing to the branch customer service manager. Alternatively, If you are not satisfied with the response you receive from your branch, you can contact our dedicated Customer Care Unit by writing to Customer Care Unit, Bank of Ireland Head Office, 40 Page 3 of 10

4 Mespil Road, Dublin 4, or phone: (lines open Mon-Fri 9am-5pm) or (from abroad). (b) If the complaint has not been resolved within 5 Banking Days, the Society will acknowledge receipt of your complaint in writing. If the complaint has not been resolved within 20 Banking Days the Society will provide the Accountholder with a written update. If, after a further 20 Banking Days the Society has still not resolved the complaint, the Society will write again to explain the delay and will provide an indication of when a conclusion is expected. (c) When the Society has completed its investigation into the complaint, it will provide the details of the outcome to the Accountholder in writing. (d) If the Accountholder is not satisfied with how the Society has dealt with the complaint, it may be referred to the: Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo Call: , Telephone: , Fax: , enquiries@financialombudsman.ie,website: Page 4 of 10

5 Additional Account Specific Terms and Conditions for ICS 12 Month Advantage Account ( the Account ) These Additional Account Specific Terms and Conditions are to be read in conjunction with the General Terms and Conditions applicable to All ICS Deposit Accounts. If there are any inconsistencies between the General Terms and Conditions and the Additional Account Specific Terms and Conditions, the Additional Account Specific Terms and Conditions will override the General Terms and Conditions. 1. Opening the Account: 1.1 You can open an Advantage 12-Month Fixed Term Deposit Account at the counter of any of our Bank of Ireland branches. 1.2 The Advantage 12-Month Fixed Term Deposit Account is a term account which means it has a defined start and end date. The term is 12 months (52 weeks). 2. Paying Money in and taking Money out 2.1 You can pay money into the Advantage 12-Month Fixed Term Deposit Account just once (and the amount you pay in must not breach the following clause 2.2). 2.2 You can pay (a) no less than 5,000 and (b) no more than 1,000,000 (not counting any interest we add) in the Advantage 12-Month Fixed Term Deposit Account. 2.3 You can take money out of the Advantage 12-Month Fixed Term Deposit Account just once during the term. The maximum amount you can take out is 10% of the amount you put in at the start. 3. Interest Rate (Interest rates quoted are correct as of March 22 nd 2012) Per Annum Fixed Rate AER (Annual Equivalent Rate) Fixed Interest paid monthly 3.20% 3.25% 3.19% Interest paid at end of 3.25% 3.25% 3.24% term 12-Month Fixed Term Return All interest rates are quoted based on a 365 Day calendar year. Interest is subject to DIRT at the prevailing rate. 4. How is interest paid to my Account? 4.1 We pay you interest at a rate that is fixed for the term. We show you your interest rate in clause At your choice, we can either (a) pay you your interest to the Account (or to another valid account with us in your name) at the end of the term or (b) pay you your interest on the last Banking Day of each month during the term to another account in your name with us. If you choose option (b) then: (i) the final monthly interest payment will be on the last day of the Term; (ii) we pay interest by electronic funds transfer to another Bank of Ireland account in your name only. We ask you to choose option (a) or (b) when you open the Account. (Once you choose, you cannot change your mind). 4.3 Unless the Bank receives instructions from you on or before the final day of the Term, the Advantage 12-Month Fixed Term Deposit Account will be changed to the ICS Demand Savings Share Account - which is a standard Demand Deposit Account. The funds will then receive the prevailing rate for that Account. Page 5 of 10

6 5. No Early Termination 5.1 You cannot close the Account or terminate the Advantage 12-Month Fixed Term Deposit Account before the end of the term. If the Distance Marketing Regulations apply, this clause does not affect your right to cancel under them. Page 6 of 10

7 Additional Account Specific Terms and Conditions for the ICS Demand Savings Share Account ( the Account ) These Additional Account Specific Terms and Conditions are to be read in conjunction with the General Account Terms and Conditions applicable to All ICS Deposit Accounts. If there are any inconsistencies between the General Terms and Conditions and the Additional Account Specific Terms and Conditions, the Additional Account Specific Terms and Conditions will override the General Terms and Conditions. 1.0 Definitions These Definitions are to be read in conjunction with the Definitions in the General Terms and Conditions. 1.1 Account Number means the 8 digit number that identifies the Account; 1.2 BIC means the 8 character Bank Identifier Code; 1.3 Cut-Off Times means the relevant point in time during any Banking Day after which any payment, or payment order received will be deemed to have been received on the next Banking Day; 1.4 IBAN means the 22 character International Bank Account Number, which incorporates the Account Number and codes to identify the country, bank and branch of the Accountholder; 1.5 Ireland means the Republic of Ireland; 1.6 Item(s) means, but is not limited to, cash and cheque lodgements or withdrawals. 1.7 PSR means The European Communities (Payment Services) Regulations 2009 and PSR regulated payments means any payments where the payment service providers of both the payer and payee are located within the EEA and where such payments are made in euro or any other EEA currency; 1.8 Sort Code means the 6 digit number that identifies a particular bank and bank branch within the Republic of Ireland. 2.0 Maintenance of Account 2.1 Subject to these Terms and Conditions, we agree to provide an Account in your name. You must operate the Account in credit. 2.2 In respect of payments instructions, the date of receipt of such payment instructions ( D ) will, subject to any applicable Cut-Off Times, be that Banking Day where the payment instruction is received by the Bank. The Bank will process most 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). Any payment instructions received in respect of cross-border payments in Sterling, or other EEA Currency (non-euro), will be processed 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). For paper initiated payment transactions, the above referenced processing periods are extended by a further day ((D+2) & (D+4)). The above referenced transaction processing times apply only to PSR regulated payments and any non-psr regulated payments may take longer to process. 2.3 In respect of payments into the Account, (credit payments), the Account will, subject to applicable Cut-Off Times, be credited with the amount of any such payment on the same Banking Day as the payment is received by the Bank, save where the date of receipt is not a Banking Day in which circumstances the Account may not be credited until the next Banking Day. Further, the Bank reserves the right to deduct transaction charges from any credit payment prior to applying, or crediting, such payment to the Account. Page 7 of 10

8 2.4 In respect of any euro cash lodged to the Account by the Accountholder or any third party the Bank will ensure that the amount of such lodgement is credited to the Account immediately upon receipt of same by the Bank on any Banking Day. 2.5 You must ensure that sufficient cleared funds are maintained in the Account to meet any withdrawals. 2.6 The proceeds of any cheque lodged to the Account may not be withdrawn until the cheque has cleared. The Accountholder, at the discretion of the Bank, may lodge cheques to the Account that are payable to third parties. The Accountholder will be liable to the Bank for any losses incurred. 2.7 The proceeds of any cheque lodged to the Account in any currency other than euro will be converted to euro at the exchange rate determined by the Bank on the date such transaction is credited to the Account. If the cheque is later returned unpaid, it will be converted to euro at the exchange rate determined by the Bank on the date such transaction is debited to the Account. The Bank will not be responsible for any losses incurred. 2.8 The Bank will at least annually, or at such other frequency as may be agreed with the Accountholder, provide or make available to the Accountholder a written receipt of Account (i.e. transaction receipt or statement) setting out the following details in respect of all account transactions; (a) A reference enabling the Accountholder to identify each transaction; (b) The amount of the transaction; (c) The amount of any charges applied to the transaction; (d) Where applicable, the exchange rate applied to the transaction; (e) The debit or credit value date of the transaction The Bank may also, at its discretion, provide the above information in respect of any transaction by way of an individual transaction receipt. 2.9 Statements will issue annually, except where the balance is below 20 and has been below this threshold amount since the previous statement was issued. 3.0 Deposit Account Interest 3.1 The interest rate structure on the Account is tiered which means that the rate increases as the balance in the Account increases and reduces if the balance reduces within the set tiers. 3.2 The rates of interest on the Account are variable. Details of current rates are available from any Bank of Ireland Branch. 3.3 Interest is calculated each day based on the balance in the Account using the then prevailing interest rate. Interest is typically paid twice yearly in May and November. 3.4 Any change to the interest rates being applied to the Account will be notified to you by whatever means the Bank, in its discretion, deems most appropriate. 4.0 Account Transactions Fees, Lodgements & Withdrawals 4.1 Transactions on the Account include lodgements and withdrawals. Withdrawals using an ATM card, Standing Order or Direct Debit facilities are not available on the Account. 4.2 No transaction fees are applied by the Bank for lodgements to or withdrawals from the Account. 4.3 The Bank may apply transaction fees to the Account in the future, without prior consultation with the Accountholder, and subject to approval by the relevant regulatory authority and reasonable notice to the Accountholder. 4.4 Withdrawals are subject to one month s notice but in practice the Bank may pay on demand. Lodgements can be made on any Banking Day. Page 8 of 10

9 5.0 Disputed or Unauthorised Transactions 5.1 The Accountholder must advise the Bank without undue delay, and no later than thirteen (13) months after the transaction date, of any unauthorised or incorrectly executed transactions. 5.2 In the case of a dispute between the Accountholder and the Bank regarding a transaction, the books and records kept by or on behalf of the Bank (whether on paper, microfilm, by electronic recording or otherwise) shall, in the absence of manifest error, constitute sufficient evidence of any facts or events relied on by the Bank in connection with any matter or dealing relating to the Account. 5.3 In the event of an unauthorised transaction out of the Account, the Bank will 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. 5.4 Notwithstanding the provisions of 5.3 above, where any such unauthorised transactions arise as a result of any fraud or gross negligence on the part of the Accountholder, the Accountholder shall be liable for the full amount of such unauthorised transactions. 5.5 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 the Account to the state it would have been in had the incorrectly executed transaction not taken place. 5.6 Where any transaction is effected by the Bank in accordance with any unique identifier (e.g. Sort code, Account Number, BIC or IBAN) as supplied by the Accountholder but where the unique identifier supplied is incorrect, the Bank shall have no liability to the Accountholder 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 Accountholder in respect of all reasonable costs incurred in recovering the funds on behalf of the Accountholder. Note: If you have opened your Account through 365phone or 365online, this Distance Marketing Directive schedule applies to you (otherwise, it does not). Information about your Distance Contract pursuant to the European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 About us The ICS 12 Month Advantage Fixed Term Deposit Account and the ICS Demand Savings Share Account (together the Accounts ) are offered by the ICS Building Society ( the Society or ICS ), which is a subsidiary of the Bank of Ireland. Bank of Ireland administers the Accounts on behalf of the Society. The principal business of the Society is the provision of financial services to customers. The Society s Head Office is at New Century House, IFSC, 1 Lower Mayor St., Dublin 1. The registered number of ICS in the Companies Office is 10B and VAT number is B. If you wish to contact the Society in connection with the Account, please write to your account opening Bank of Ireland branch. Bank of Ireland and ICS Building Society are regulated by the Central Bank of Ireland. ICS is a member of Bank of Ireland Group. Description of Financial Service ICS 12 Month Advantage Fixed Term Deposit Account The financial service being supplied by Bank of Ireland and the Society is an ICS 12 Month Advantage Fixed Term Deposit Account. A minimum lodgement of 5,000, maximum 1million is required to open an ICS 12 Month Advantage Fixed Term Deposit Account. After the initial lodgement is made to open an ICS 12 Month Advantage Fixed Term Deposit Account no further lodgements are allowed during the Term of an ICS 12 Month Advantage Fixed Term Deposit Account. You can take money out of the ICS 12 Month Advantage Fixed Term Deposit Account just once during the term. The maximum amount you can take out is 10% of the amount you put in at the start. The rate of interest applicable to an ICS 12 Page 9 of 10

10 Month Advantage Fixed Term Deposit Account is a fixed rate and will be the rate applicable on the day the initial lodgement is made and will apply until the last day of the Term. Full details of the Bank s interest rates are available from any Bank of Ireland branch. Interest is calculated each day based on the balance in an ICS 12 Month Advantage Fixed Term Deposit Account using the interest rate applying. Interest will be paid at the end of the Term. Interest shall be paid after the deduction of Deposit Interest Retention Tax ( DIRT ) at the prevailing rate of DIRT at the time of interest payment. Description of Financial Services ICS Demand Savings Share Account The financial service being supplied by Bank of Ireland and the Society is an ICS Demand Savings Share Account. A minimum lodgement of 1 is required to open the Account. The rate of interest applicable to the Account is a variable rate. Details of the current interest rates are available in any Bank of Ireland branch. Interest is calculated each day based on the balance in the Account using the then prevailing interest rate. Interest is typically paid twice yearly in May and November. Interest accruing on the Account shall be paid after the deduction of Deposit Interest Retention Tax ( DIRT ). No transaction fees are applied by the Bank for lodgements to or withdrawals from the Account. Your right to cancel You may cancel the Account under the European Communities (Distance Marketing of Consumer Financial Services) Regulations, 2004 (the Regulations ) within 14 days of the opening of the Account by writing to your Account opening branch or to Bank of Ireland, The Resources Business, Block A5, Lower Baggot Street, Dublin 2. Any credit amount in the Account and interest due at the date of cancellation will be returned to you. If you do not exercise your right to cancellation, the Terms and Conditions that apply to the account continue to apply. Early Termination We may end the agreement by giving you two month s notice. We may end the agreement if you break the terms and conditions which apply to the Account or if certain things happen, for example, if you die, become bankrupt, or we are required to close the account by law. The General Terms and Conditions include further detail on this. Governing law and language The Account will be governed by and construed in accordance with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection with the Account. The English language will be used for the purpose of interpreting the terms and conditions of the Account and for all communication in connection with the Account. Making a complaint If you are not happy with any aspect of our service or products, you can let us know by contacting your account opening Bank of Ireland branch. If you are not satisfied with the response you receive from your branch, you can contact our dedicated Customer Care Unit by writing to Customer Care Unit, Bank of Ireland Head Office, 40 Mespil Road, Dublin 4, or phone: (lines open Mon-Fri 9am-5pm) or (from abroad). We always do our best to find a satisfactory resolution to your complaint. In the event that you are not satisfied with our response to you, you may make a complaint to the Financial Services Ombudsman by writing to the Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Bank of Ireland and ICS Building Society are regulated by the Central Bank of Ireland. ICS is a member of Bank of Ireland Group. Page 10 of 10