JUN 14 HTF / Version 1 / Page 1 of 6. International Services Corporate Terms and Conditions

Transcription

1 JUN 14 HTF / Version 1 / Page 1 of 6 International Services Corporate Terms and Conditions

2 International Services Business JUN 14 HT / Version 1 / Page 2 of 6 The following Terms and Conditions are the agreement between us and you. They formally outline our relationship. By using the International Services, you agree to these Terms and Conditions. n Th ese Terms and Conditions, unless stated otherwise, apply as follows: Part 1 (the International Services Agreement ) applies regardless of whether you have an SCCB Account or a Non-SCCB Account (as defined below) and you wish to make or receive International Payments, to or from countries outside of the EEA; and Part 2 (the EEA Services Agreement ) applies only if you have a Non-SCCB Account (as defined below) and you wish to make International Payments to countries within the EEA. If you have an SCCB Account, then all EEA Payments you wish to make on that account are governed by your SCCB Account s terms and conditions. n Apply unless we have in writing specified or agreed to other conditions or variations. They are in addition to any banking terms and conditions agreed between you and us either expressly or as implied by law. n Explain our respective obligations to each other. n Apply until we have given you notice of any changes. n All telephone calls between you and us may be recorded or monitored for training and security purposes. Definitions In these Terms and Conditions: (a) us, we and our means Santander UK plc. you and your refers to you, the customer for whom we are providing the payment services. Agent Bank means banks, other than Santander UK plc, that we may use in order to make the International Payment to the Beneficiary. SCCB Account means your account with us (if any). Business Day means any day on which we are open for International Payments services which is Monday to Friday excluding UK bank holidays. Beneficiary means the person or organisation to whom you request an International Payment to be made. BIC means Bank Identifier Code which is an international standard for identifying banks. Within Europe the relevant BIC is usually provided on the customer s bank account statement and will often appear on invoices. Cut-off time means the time before which payment instructions must be received in order for that day to be deemed the Day of Receipt. Day of Receipt of a payment instruction is the Business Day on which you request the payment to be executed by us. EEA means the European Economic Area. EEA Payment means any payment which you request us to make to a Beneficiary located within the European Economic Area. EEA Services Agreement means the agreement between you and us whereby we agree to provide the services described in Part 2 of these Terms and Conditions on the terms set out in that Part 2 of these Terms and Conditions. Facsimile Payment means a request by you made by facsimile to us to make an International Payment. GST means the Goods and Services Tax in Jersey (or any replacement tax). IBAN means an International Bank Account Number. Within Europe the IBAN is usually provided on the customer s bank account statement and will often appear on invoices. International Internet or Facsimile Payment Service means the service provided by us to carry out internet payments and/or facsimile payments. Internet Payment means a request by you made to us via our internet site to make an International Payment but for the avoidance of doubt excludes any instructions that you give us via the internet site International Payment means any payment which you request us to make to a Beneficiary in the UK or another country. International Services Agreement means the agreement between you and us whereby we agree to provide the services described in Part 1 of these Terms and Conditions on the terms set out in that Part 1 of these Terms and Conditions. Non-SCCB Account means a business account which you hold with a Bank other than us on which you have established and maintain a variable direct debit allowing us to debit International Payments to such account. Overdraft Limit means the maximum amount of money, if any, we are prepared to lend you on your SCCB Account as determined by us from time to time and notified to you in writing. RASN means Random Access Security Number. SCCB means Santander Corporate & Commercial, a brand name used by Santander UK plc. VAT means the UK Value Added Tax (or any replacement tax). (b) The singular shall include the plural and vice-versa. (c) Headings are for convenience only and will not affect interpretation. Part 1: International Services Agreement international payments outside the EEA. 1 Making International Payments outside of the EEA (a) You may instruct us to make International Payments to be delivered outside of the EEA from your SCCB Account, or through a debit to your Non-SCCB Account, to a Beneficiary. You may use the international internet or facsimile payment service to request us to make International Payments and to authorise us to debit your SCCB Account with the amount of those payments, plus any charges payable. If you do, then condition 10 of this International Services Agreement shall apply. (b) You may also request us to make an International Payment by using our internet site, in which case: i) condition 10 of this International Services Agreement shall not apply to such International Payment; and ii) any conditions that you have agreed to in order to access shall apply instead. (c) We will decide on the appropriate method for making any International Payment. (d) We will debit the amount of each International Payment which we make, together with any charges, to your SCCB Account or claim the required funds from your Non-SCCB Account (as appropriate), on the date on which the International Payment is processed. (e) We may make International Payments from your SCCB Account or your Non-SCCB Account (as appropriate) in accordance with your instructions provided that: i) the instruction is authorised by you in a manner agreed by us and, if we so require, given in a form agreed by us; ii) the balance in your SCCB Account or your Non-SCCB Account (as appropriate) is sufficient to cover the payments and any charges we make, or the amounts due are covered within your Overdraft Limit (if any); and iii) the instructions provide sufficient information to enable us to effect the International Payment. (f) We may refuse to make any International Payment which you have requested if there are insufficient cleared funds in your SCCB Account or your Non-SCCB Account (as appropriate) or which would or might result in your SCCB Account becoming overdrawn or your Overdraft Limit being exceeded. We may decide to make an International Payment out of your SCCB Account which may cause it to become overdrawn or to exceed your Overdraft Limit, but this does not mean that we shall have to do so on another occasion nor does it constitute an increase in your Overdraft Limit. (g) Any sums due under this Agreement must be repaid by you when we demand it. If an International Payment or the debit of any amounts in accordance with Condition 4(a) or 4(c) does result in an overdraft on your SCCB Account or your Overdraft Limit being exceeded, you shall immediately repay the amount of the excess, together with any interest and other charges. We may refuse to make any further International Payments until the debit balance has been repaid. (h) Any International Payment covered by this agreement will be converted into such currency as we decide is appropriate for making the International Payment at a rate to be determined by us. However, we will give you an explanation of the service, details of the exchange rate and an explanation of the charges that apply to foreign exchange transactions that you are about to make. If these are not known, we will tell you how these will be worked out. Once the International Payment transaction has completed, we will give you confirmation of the exchange rate which was applied when your funds were converted to a foreign currency and details of any charge incurred, together with a unique reference number for enquiry purposes. (i) When you ask us to make an International Payment, we can advise you how to do this and can give you: n A description of the services and how to use them; n Details of when the money you have sent abroad should get there and the reasons for possible delays; n The exchange rate applicable when converting to the foreign currency (if this is not possible at the time of the transaction, we will let you know later what the rate is); n Details of any charges that you will have to pay to SCCB. However International Payments outside of the EEA may be subject to agent bank charges which are beyond our control; and n We may ask whether you want the person receiving an International Payment outside the EEA to pay any charges. (j) You cannot normally cancel or alter an International Payment instruction once you have asked us to make the payment and we have acted on your instruction. If you ask us to do so, we will use reasonable endeavours to recall or change the transaction but cannot guarantee that we will be able to do so. You will pay all reasonable costs and expenses we incur in seeking to do so. Any monies which are repaid to us will be reconverted into sterling at our conversion rates current when the proceeds are received.

3 JUN 14 HT / Version 1 / Page 3 of 6 2 Foreign Currency Cheque Payments into Your Account from outside of the EEA (a) The provisions of Conditions 2, 3 and 4 only apply where you hold an SCCB Account. Customers that use the direct debit facility via a Non-SCCB Account cannot receive payments into their accounts. You may receive payments into your SCCB Account by means of cheques deposited to that SCCB Account, cheques denominated in foreign currency or cheques denominated in sterling and drawn on a non-uk bank may be collected by us to your SCCB Account provided that they: i) are dated less than six months prior to the date of presentation for collection; ii) are payable to you; and iii) are not deemed by us to be invalid. (b) You must: i) send cheques which are to be credited to your Account by post to: International Banking Services, Santander Corporate & Commercial, Bootle, Merseyside L30 4GB; ii) endorse each cheque to us with your signature on the reverse and quote your SCCB Account number; and iii) complete and sign the deposit slip as required by us. (c) You must send cheques and foreign currency Travellers cheques separately. (d) We will despatch the cheque for clearing on the Business Day following receipt of the cheque at our office in Bootle. We will, at our discretion, select the most appropriate method to obtain payment from the bank on whom the cheque is drawn. (e) You must maintain a record of all cheques which have been posted to us. We will not accept liability for any cheques until they have been received by us at the address in Condition 2(b)(i). (f) The Uniform Rules for Collections published by the International Chamber of Commerce will apply to the collection of foreign cheques or other foreign means of payment. 3 Crediting Foreign Currency Cheques The provision of Condition 3 only applies if you hold an SCCB Account. (a) Where any cheque is payable in a currency other than sterling, the amount of the cheque will be converted to sterling (where the proceeds are being credited to a sterling account) at Santander UK plc s prevailing rate of exchange on the day on which the amount is credited to your SCCB Account. (b) After the credit has been made we will notify you of the exchange rate used, the original amount we have received and any charges. 4 Unpaid Cheques The provision of Condition 4 only applies if you hold an SCCB Account. (a) All amounts credited to your SCCB Account are with recourse. If we do not receive payment of the full face value of the cheque when presented for payment or if at any time we are required to refund all or part of that payment, we may at any time debit your SCCB Account with the corresponding amount, together with, where appropriate, any charges, regardless of whether any such debit would cause your SCCB Account to become overdrawn. (b) We shall return all invalid or unpaid cheques in our possession to you. (c) Where it is claimed that any cheque which we have collected for you has been materially altered or contains a forged signature or a forged endorsement, we may deduct such amount from your SCCB Account, without returning the cheque to you. (d) If any cheque which you request us to collect is marked by the words not transferable or account payee or words to similar effect then this may only be credited to the SCCB Account of the named payee. (e) If we do collect cheques marked by any such words and if we incur a liability as a result of such action, then we shall be entitled to debit the amount of such liability together with all costs incurred in connection with it to your SCCB Account. 5 Indemnity (a) You will, in addition to any other liability under this Agreement, pay to us any losses, costs, expenses or legal fees (including VAT or GST thereon) which we reasonably incur in tracing you or as a result of any breach by you of this Agreement. (b) You will indemnify us against all loses and claims arising from the implementation of your instructions and/or your use of our International Payment services or if your activities in relation to them contravene or breach any local, foreign or international laws, regulations or directives or are alleged to be such a breach or contravention. (c) Your liability to us under clauses 5(a) and 5(b) will be on full indemnity terms. 6 Liability (a) We shall not be liable for any loss, damage, error or delay that may take place in the collecting or clearing of any cheque(s) or making of any International Payments which (in either case) is not directly due to the negligence, fraud or wilful default of our officers, employees or agents. (b) In providing the International Services to you, we will not be liable for anything beyond our reasonable control, including, but not limited to: i) any delays, losses or errors caused by an Agent Bank; ii) any failure by any company responsible for delivery of items to be credited or debited to your SCCB Account or your Non-SCCB Account (as appropriate); iii) the failure (directly or indirectly) of any system, machine or means of transmission; iv) fire, flood, explosion, riot, or any other cause beyond our control; or v) industrial action. 7 Charges (a) You shall pay such charges for the use of the services described in this International Services Agreement as shall be determined by us and notified to you. We will deduct our charges prior to despatch of any International Payment, and will inform you, wherever possible, of the level of charges to be taken by our Agent Bank in each country. We shall not be liable for deductions made by Agent Banks. (b) When you enter this International Services Agreement we will inform you of the current level of our standard charges. If we change any of our standard charges we will give you no less than 30 days advance notice by first class post. 8 Advice of Payment or Receipt We will send you debit advices as acknowledgement of International Payments sent from your SCCB Account or Non-SCCB Account (as appropriate) by electronic means. We will send you credit advices as acknowledgement of International Payments received in to your SCCB Account, whether received by electronic means or by cheque. Those advices sent by mail will be sent under separate cover from account statements and will be despatched within 48 hours of execution of the relevant transaction. 9 Termination and variation (a) You may end this International Services Agreement by writing to us. We may end this International Services Agreement at any time and we shall usually give you no less than 30 days notice. If there is a special circumstance, for example fraud or misuse of the services or other breach of this International Services Agreement, we may end this International Services Agreement with less notice. (b) We may terminate, cancel or suspend any service provided to you under this International Services Agreement whether wholly or in part. Where possible we will give you no less than 30 days notice, but we may give you less notice than this or no advance notice in special circumstances including but not limited to: i) suspected fraud or other criminal or money laundering activity; ii) breach of this International Services Agreement; iii) serious misuse of your SCCB Account or where we reasonably suspect serious misuse of your Non-SCCB Account; iv) equipment failure. (c) We may terminate this International Services Agreement or withdraw or cancel any service referred to in this International Services Agreement immediately if anything happens to you which in our reasonable opinion could damage our reputation or that of any other company within the Santander Group from time to time, or could damage our business or give rise to investigation or intervention by our regulator, or does give rise to the reasonable suspicion of fraud or other criminal or money laundering activity. (d) We may change the terms in this International Services Agreement: i) If the change is to your advantage, we may make it immediately and tell you about it within 30 days. ii) If the change is neither to your advantage or disadvantage, we shall always give you at least 30 days notice before making the change. iii) If the change is to your disadvantage, we shall tell you (at your address provided to us) at least 30 days before we make the change and at any time up to 60 days from the date of the notice you may, without notice, switch your account or close it without having to pay any extra charges or interest for doing this. (e) One of our personnel has authority to agree verbally to vary any of the conditions in this International Services Agreement. 10 International Payments requested via the international internet service or facsimile payment service (a) Any RASNs supplied to you by us for use with the international internet or facsimile payment service shall be used solely for those services and shall remain our property and must be returned by you at our request. (b) You must: i) not store your RASNs on a computer; ii) keep the RASNs secret and confidential and not disclose them to any third party other than to such of your officers and employees as may be necessary to enable you to use the international internet or facsimile payment service; iii) exercise all proper care to prevent the RASNs being disclosed to any unauthorised person;

4 JUN 14 HT / Version 1 / Page 4 of 6 iv) not quote or use the RASNs other than for the purpose of requesting an International Payment; and v) immediately notify us by telephoning us on (Lines are open Monday to Friday 9am to 5pm. Calls from UK landlines are free. Mobile charges may vary) if you know or suspect that the RASNs have become known to any unauthorised person. (c) We shall supply you with a list of RASNs which shall match a list of RASNs that we hold. To make an internet payment, you will need to have been provided with a secure username and password for our international payments website, www. internationalpayments.co.uk. You must keep your username and password secret and confidential and not disclose them to any third party other than to your officers or employees as may be necessary to enable you to use the international internet or facsimile payment service. Your payment request should be made using the first RASN appearing on the list. For each subsequent request, you must quote the next RASN appearing on the list and each time a RASN is used you must strike it off from the list. Any instructions received by us which incorporate the correct use of the next appearing RASN will constitute sufficient authority for us to effect the payment(s) requested in the instructions and to debit your SCCB Account with the amount of the payment and any charges payable. We shall not be liable for any unauthorised use of the services. (d) To make a facsimile payment, you must fax instructions to: The Manager, International Operations, Santander Corporate & Commercial, Bootle, Merseyside L30 4GB. Facsimile number: using the first RASN appearing on the list. For each subsequent request, you must quote the next RASN appearing on the list and each time a RASN is used you must strike it off from the list. Any instructions received by us which incorporate the correct use of the next appearing RASN will constitute sufficient authority for us to effect the payment(s) requested in the instructions and to debit your SCCB Account with the amount of the payment and any charges payable. We shall not be liable for any unauthorised use of the services. (e) Where you wish to make any alteration to an internet or facsimile instruction (e.g. to cancel a transfer, increase/reduce the amount of a transfer or change the credit account details notified), you must telephone us immediately on (Lines are open Monday to Friday 9am to 5pm. Calls from UK landlines are free. Mobile charges may vary). We may choose in any such instance, and at our discretion, to cancel a payment set in motion on the basis of the original instruction, but if we are unable to do so we shall be entitled to act on the original instruction to debit your SCCB Account accordingly. (f) We will not be liable to you for any loss arising as a result of the use of the international internet service or facsimile service to make International Payments, including, but not by way of limitation, loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we knew of the possibility. 11 Miscellaneous (a) This International Services Agreement contains all the terms agreed between you and us regarding International Payments you request us to make and any foreign currency cheque deposits to your SCCB account and they supersede any prior terms, agreement, understanding or arrangement (whether in writing or oral) between us in relation to the same. If any condition in this International Services Agreement is found to be illegal, invalid or unenforceable under any applicable law, such condition shall, insofar as it is severable from the remaining conditions, be deemed to be omitted from this International Services Agreement and shall in no way affect the legality, validity or enforceability of any of the remaining conditions. (b) This International Services Agreement is governed by English law. You and we agree that the courts of England and Wales will have non-exclusive jurisdiction to hear any disputes (including non-contractual disputes) arising in relation to this International Services Agreement. Part 2: EEA Services Agreement 1 EEA Payment services available for Non-SCCB Account holders (a) This EEA Services Agreement applies to the types of EEA Payment listed at Condition 1(b) below (referred to in this Part 2 together as EEA Payments ), which you ask us to make using funds we take by direct debit from your Non SCCB Account. (b) The payments are: i) payments to Beneficiaries made by electronic transfer and denominated in sterling. ii) payments to Beneficiaries made by electronic transfer and denominated in euro or in the currency of an EEA state that has not adopted the euro as its currency. (c) This EEA Services Agreement does not apply to International Payments made outside the EEA, you ask us to make using funds we take by direct debit from your Non SCCB Account. Such International Payments are governed solely by the conditions set out in the International Services Agreement at Part 1 above. 2 Information you need to give us when you make an EEA Payment Before you instruct us to make an EEA Payment you must give us the following information (a Unique Identifier ), so that we can identify the Beneficiary: i) for electronic transfers denominated in sterling and destined for a UK bank account, the name (or account name, if different), account number and sort-code of the Beneficiary you want to pay; or ii) for electronic transfers in a currency other than sterling and destined for an account within the EEA, the name (or account name, if different), the IBAN of the Beneficiary and the BIC of the Beneficiary s bank you want to pay. 3 Instructing us to make an EEA Payment (a) You can instruct us to make an EEA Payment by: i) giving us a written instruction signed by you; or ii) by using our international internet site or facsimile payment services in accordance with condition 4; or iii) by using our internet site, in accordance with the terms and conditions that you will need to agree to in order to access (b) Where you give us an EEA Payment instruction by any of the ways listed in condition 3(a) above, you will be consenting to us: i) debiting your Non-SCCB Account with funds equal to the aggregate of the value of the EEA Payment you are requesting and our charges for making that EEA Payment; and ii) making the EEA Payment the subject of your instruction. 4 Making EEA Payments using the international internet service or facsimile payment service (a) We shall supply you with a list of RASNs which shall match a list of RASNs that we hold. These RASNs are used to make EEA Payments via our international internet service and/or facsimile payment service in accordance with the following procedures: i) To make an EEA Payment using the international internet service, you will need to log into our international payments website, using the secure username and password given to you by us. Your payment request should be made using the first RASN appearing on the list. For each subsequent request, you must quote the next RASN appearing on the list and each time a RASN is used you must strike it off from the list. Any instructions received by us which incorporate the correct use of the next appearing RASN will constitute sufficient authority for us to effect the EEA Payment(s) requested in the instructions and to claim the required funds from your Non-SCCB Account with the amount of the EEA Payment and any charges payable; and ii) To make an EEA Payment using the facsimile payment service, you must fax instructions to: The Manager, International Operations, Santander Corporate & Commercial,, Bootle, Merseyside L30 4GB. Facsimile number: using the first RASN appearing on the list. For each subsequent request, you must quote the next RASN appearing on the list and each time a RASN is used you must strike it off from the list. Any instructions received by us which incorporate the correct use of the next appearing RASN will constitute sufficient authority for us to effect the payment(s) requested in the instructions and to claim the required funds from your Non-SCCB Account with the amount of the EEA Payment and any charges payable. (b) Any RASNs supplied to you by us for use with the international internet service and/or facsimile payment service shall be used solely for those services and shall remain our property and must be returned by you at our request.

5 JUN 14 HT / Version 1 / Page 5 of 6 5 When we will receive your Payment instruction (a) We will be deemed to have received your EEA Payment instruction at the time that EEA Payment instruction is actually received by us, except: i) if we receive your EEA Payment instruction on any day that is not a Business Day, then we will be deemed to have received it on next Business Day; ii) if we receive your EEA Payment instruction after 11am for non-account holders, or 2pm for account holding customers, then we will be deemed to have received it on the following Business Day; or iii) if your EEA Payment instruction specifies that the EEA Payment is to take place on a specific day (or on the last day of a certain period), then we will be deemed to have received it on the day specified, unless that day is not a Business Day in which case the following Business Day will apply. (b) We will only send your EEA Payment once we have received the funds from your Non SCCB account according to the timescales agreed with you. 6 Cancelling a EEA Payment instruction (a) You can ask us to cancel an EEA Payment instruction you have given us by telephoning us on A fee may be payable for requesting us to stop an EEA Payment; please see our fee price list for details. After we receive your EEA Payment instruction, we will stop the EEA Payment, provided that: i) the EEA Payment has not already been made; ii) you give us details of the date and amount of the EEA Payment you want us to cancel and the name, account number and sort code of the Beneficiary you asked us to pay; and iii) if it is an EEA Payment instruction to be made at a future date, you instruct us to cancel the EEA Payment no later than the end of the Business Day before the EEA Payment is due. 7 When we will and will not make a EEA Payment (a) We will make an EEA Payment if you give us an EEA Payment instruction in any of the ways listed in condition 3(a), provided that: i) you have enough available money in your Non-SCCB Account to cover the EEA Payment, or where you are allowed to borrow money on your Non SCCB Account, you have enough unused overdraft remaining to cover the EEA Payment; ii) we are satisfied that the EEA Payment will not place us in breach of any legislation or law and that it does not relate to fraud or any other criminal act; and iii) you are not in breach of any of the conditions in this EEA Agreement. (b) If we refuse to make an EEA Payment we will tell you no later than the end of the Business Day following the Day of Receipt of the payment instruction: i) that we have done so; ii) if possible, the reason why we refused; and iii) if you think we have based our decision on mistaken information, how you can ask us to rectify that mistake. 8 EEA Payment execution times and when interest will be calculated If we agree to make an EEA Payment, then: (a) where you ask us to make an EEA payment in Euros before the cut-off time given in Condition 5(a), that payment will normally be credited to the Beneficiary s bank no later than the Business Day following the Day of Receipt. (b) where you ask us to make an EEA payment in a currency other than in Euros, that payment will normally reach the Beneficiary s bank no later than the end of four Business Days from the Day of Receipt. 9 Changes to this framework contract, interest and exchange rates (a) We may remove, change or add to any of the conditions in this EEA Services Agreement: i) to conform with or anticipate any changes in the law, Codes of Practice or recommendations of the Financial Services Authority, Jersey Financial Services Commission or any other appropriate regulatory authority; ii) to provide for the introduction of new or improved systems, methods of operation, services or facilities; iii) to take account of a ruling by a Court, Ombudsman, Regulator or similar body; iv) to reflect general banking practice; v) to make them clearer or more favourable to you; vi) to ensure that our business is run prudently; vii) to rectify any mistake that might be discovered in due course; or viii) for any other valid reason. (b) If we change any of the conditions in this EEA Services Agreement (other than in respect of foreign currency exchange rates as to which see Condition 9(c) below), we will give you at least 60 days notice of the change. (c) Our exchange rates for foreign currency payments are based on a reference rate which is our prevailing rate for the day. The relevant rate will be provided by our International contact centre on request ( ). (d) If you are not happy with any of the changes, deletions or additions to the conditions in this EEA Services Agreement, you are free to end the EEA Services Agreement immediately by telling us at any time during the notice period we give you for the change, deletion or addition. We will not charge you for ending the EEA Services Agreement because you are unhappy with any change, deletion or addition to the conditions in it. Please see Condition 12 for your and our general rights and obligations in ending this EEA Agreement. If you do not notify us that you are unhappy with any of the changes, deletions or additions before the end of the relevant notice period, you will be treated as accepting the changes, deletions and/or additions. 10 Protecting against unauthorised EEA Payments (a) You must follow the safeguards set out in condition 10(b) and you must immediately notify us by telephoning us on if you know or suspect that the RASNs (as defined in the Conditions of Service for Internet or Facsimile Payments) or any other security details we agree with you in respect of making or authorising EEA Payments have become known to any unauthorised person. The telephone lines are open Monday to Friday 9am to 5pm. Calls from UK landlines are free. Mobile charges may vary. (b) You must: i) not store your RASNs on a computer; ii) keep the RASNs secret and confidential and not disclose them to any third party other than to such of your officers and employees as may be necessary to enable you to use the international internet or facsimile payment service; iii) exercise all proper care to prevent the RASNs being disclosed to any unauthorised person; iv) not quote or use the RASNs other than for the purpose of requesting an EEA Payment; and v) keep all user names and passwords and any other security details we give you (or which you use) for the purpose of making EEA Payments, secret and confidential and not disclose them to any third party other than to your officers or employees as may be necessary to enable you to use the international internet or facsimile payment service. (c) We may cancel your RASNs or any other security details relating to EEA Payments: i) if we believe that this is necessary for security reasons or to prevent suspected unauthorised or fraudulent EEA Payments; or ii) where we consider that there is a risk you will not be able to repay any money you owe us under this EEA Services Agreement, and if we do so, we will try to give you advance notice of the cancellation or withdrawal and the reason why [(either in writing, in branch or by phone)]. If we are unable to give you advance notice, we will tell you as soon as possible afterwards. However we do not need to tell you at all of our intention to cancel you RASNs or other security details, if doing so would compromise our reasonable security measures or would be unlawful. 11 Our liability for EEA Payments (a) If you believe that: i) any funds was debited from your Non-SCCB Account as a result of an EEA Payment that was not authorised by you; or ii) any EEA Payment you instructed us to make was made incorrectly, then you must notify us as soon as possible by telephoning us on (b) We are responsible for making EEA Payments that you instruct us to make correctly. Unless we can demonstrate to you (and if applicable the Beneficiary s bank) that the Beneficiary s bank received the EEA Payment within the relevant execution time listed at Condition 8 above (in which case the Beneficiary s bank is responsible to make the EEA Payment to the Beneficiary you want to pay), we will: i) promptly refund to your Non-SCCB Account with sufficient money to ensure that your Non-SCCB Account does not suffer a loss as a result of the incorrect EEA Payment; ii) promptly refund your Non-SCCB Account with any charges we may have charged in connection with the incorrect EEA Payment; and iii) if you ask us to, make immediate efforts to trace the incorrect EEA Payment and to notify you of the results of that action. (c) However condition 11(b) does not apply and we are not responsible for any incorrect EEA Payment: i) where you fail to tell us in accordance with condition 10(a) of the incorrect EEA Payment without undue delay (and in any event within 13 months of the date on which the EEA Payment occurred or in the case of a failed EEA Payment ought to have occurred); or

6 ii) where the cause of the incorrect EEA Payment is because you gave us the wrong or insufficient Unique Identifier, in which case we will use reasonable efforts to recover any money paid out of your Non-SCCB Account as a result of the incorrect EEA Payment. (d) Unless Condition 11(e) applies, we will be responsible for any unauthorised EEA Payment made by us under this EEA Agreement, provided that you tell us in accordance with condition 11(a) of the unauthorised EEA Payment within 13 months of the date on which the unauthorised EEA Payment occurred. Where we are responsible (and if Condition 11(e) does not apply) we will promptly refund your Non-SCCB Account with the amount of the funds we debited in respect of the unauthorised EEA Payment and any charges we may have charged in connection with the unauthorised EEA Payment. We will also credit your Non-SCCB Account with lost interest that would have accrued on the amount of the unauthorised EEA Payment. (e) You will be responsible for all losses that occur on your Non-SCCB Account as result of any unauthorised EEA Payment if: i) you acted fraudulently or you authorised the EEA Payment or the access to or use of any of our services by which the EEA Payment was made; or ii) you deliberately failed to follow any of the safeguards set out or referred to in condition 10(b) above or to notify us of the unauthorised EEA Payment in accordance with Condition 10(a), or in each case you acted with serious disregard in taking reasonable care to do these things. (f) unless you have acted fraudulently, you are not liable for any unauthorised use of your RASNs, passwords or any of your other security details in any of the following cases: i) before you receive them; or ii) after you have notified us of its loss, theft or unauthorised use under Condition 10(a); or iii) if we have failed to provide the telephone facilities for you to notify us in accordance with 10(a) of their loss, theft or unauthorised use; or iv) if the unauthorised use relates to the purchase of goods or services made online or by post (including mail order), , fax, telephone or tele-shopping, except where the purchase relates to land or financial services or is made via an auction. (g) Where your RASNs or other security details are used to make an EEA Payment without your authority in circumstances other than those listed in Condition 11(f), then you will be liable up to a maximum of 50 for any losses incurred as a result, unless Condition 11(e) applies in which case you will be liable for the full amount. 12 Termination of this EEA Agreement Either you or we may terminate this EEA Agreement at any time by giving the other notice. Neither of us need to give a reason for terminating the EEA Agreement. If we decide to do this, we will give you at least 60 days written notice except where we decide to terminate because you are in breach of any of the conditions in this EEA Agreement, in which case we do not need to give you any advance notice. You can terminate this EEA Agreement immediately on giving us written notice to: International Banking Services, Santander Corporate & Commercial, Bootle, Merseyside L30 4GB. 13 Our communications with you (a) When we communicate with you in relation to EEA Payments or for any other reason relating to this EEA Agreement, we will do so either personally or by any other means that we have agreed with you in advance. When we communicate with you personally, we will send you messages by post, or, if you have registered, via our website. (b) If you want to communicate with us in relation to EEA Payments on your account or for any other reason relating to this EEA Agreement you should: i) use the contact addresses and telephone number we have given in this EEA Agreement for use in particular communications (for example, to tell us of a suspected unauthorised EEA Payments you should use the contact details given at Condition 10(a)); or ii) where no particular contact address or telephone is specified in this EEA Agreement for the particular communication you want to make, you should write to us at International Banking Services, Santander Corporate & Commercial, Bootle, Merseyside L30 4GB; or call us on (c) This EEA Agreement is available in English only and all communications we will send to you will be in English. We will only accept communications from you in English. 14 Complaints We hope that you will never find it necessary to make a complaint regarding our EEA Payment services but if you do a copy of our complaints procedure is available on request. If You have a complaint about any of Our products or services, please contact Your Relationship Manager, the office that manages Your Account or visit www. santandercb.co.uk/contact-us/complaints for a full list of contact details or to download a copy of our How to Complain leaflet. If after you have given us the chance to put things right you remain unhappy you can contact the Financial Ombudsman Service. Their contact details and details of how to complain to the Financial Ombudsman Service are available at: The Financial Ombudsman Service cannot deal with complaints concerning banking services provided outside the UK (i.e. outside England, Wales, Scotland and Northern Ireland). Complaints about our products and services arising in relation to a Jersey account are handled by us substantially in the same manner as indicated above. If we cannot resolve the matter or you remain unhappy about our complaint handling, you can contact in writing the Director General of the Jersey Financial Services Commission, PO Box 267, Castle Street, St. Helier, Jersey JE4 8TP. 15 Miscellaneous (a) This EEA Agreement contains all the terms agreed between you and us regarding EEA Payments you request us to make and they supersede any prior terms, agreement, understanding or arrangement (whether in writing or oral) between us in relation to any such EEA Payments. If any condition in this EEA Agreement is found to be illegal, invalid or unenforceable under any applicable law, such condition shall, insofar as it is severable from the remaining conditions, be deemed to be omitted from this EEA Agreement and shall in no way affect the legality, validity or enforceability of any of the remaining conditions (b) This EEA Agreement (and to the extent applicable, our relationship with you before you open your account) is governed by English law. You and we agree that the courts of England and Wales will have non-exclusive jurisdiction to hear any disputes (including non-contractual disputes) arising in relation to this EEA Agreement. Santander is able to provide literature in alternative formats. The formats available are: large print, Braille and audio CD. If you would like to register to receive correspondence in an alternative format please visit santander.co.uk/alternativeformats for more information, ask us in branch or give us a call JUN 14 HT / Version 1 / Page 6 of 6 Santander Corporate & Commercial is a brand name of Santander UK plc, Abbey National Treasury Services plc (which also uses the brand name Santander Global Banking and Markets) and Santander Asset Finance plc, all (with the exception of Santander Asset Finance plc) authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Financial Services Register numbers are: and respectively. In Jersey, Santander UK plc is regulated by the Jersey Financial Services Commission to carry on deposit-taking business under the Banking Business (Jersey) Law Registered office: 2 Triton Square, Regent s Place, London NW1 3AN. Company numbers: , and respectively. Registered in England. Santander and the flame logo are registered trademarks. Santander UK plc is a participant in the Jersey Banking Depositor Compensation Scheme. The Scheme offers protection for eligible deposits of up to 50,000. The maximum total amount of compensation is capped at 100,000,000 in any 5 year period. Full details of the Scheme and banking groups covered are available on the States of Jersey website ( or on request. This item can be recycled.