Business Banking. Terms Business Customers. Ahead for business

Transcription

1 Business Banking Terms Business Customers Ahead for business

2 Contents Page Use of your information and regulatory details 3 Account Terms 5 Section A General terms which apply to all Accounts 6 Section B Specific terms which apply to individual Accounts 10 Section C Terms which apply if the Bank issues a Debit card 11 Section D Terms which apply if the Bank allows the use of telephone, online and mobile banking services (excluding Bankline) 13 Business Credit Card 15 NatWest Business Card Your Insurance Policy 26 For Small and Medium Enterprises (turnover up to 25million) the opening or maintaining of a business current account should not be a condition of opening, maintaining or servicing any business loan or business deposit account; except that where it is required to service a business loan, a feeder account may be opened. This leaflet is also available in Braille, large print and on audio tape. Please ask at any NatWest branch for a copy of Our services for customers with disabilities leaflet.

3 Use of Your Information and Regulatory Details 1 YOUR INFORMATION 1.1 Who we are We are a member of The Royal Bank of Scotland Group ( RBS ). For more information about other Royal Bank of Scotland companies please visit rbs.com and click on About Us, or contact your branch or Relationship Manager. 1.2 The information we hold about you Your information is made up of all the financial and personal information we hold about you and your transactions. It includes: (a) information you give to us; (b) information that we receive from third parties (including other Royal Bank of Scotland companies, third parties who provide services to you or us and credit reference or fraud prevention agencies); (c) information that we learn about you through our relationship with you and the way you operate your accounts and/ or services; and (d) information that we gather from the technology which you use to access our services (for example location data from your mobile phone, or an Internet Protocol (IP) address or telephone number). 1.3 Accessing your information and other enquiries Accessing your informationif you would like a copy of the information we hold about you, please write to: Subject Access Requests, Ground Floor, Business House B, Royal Bank of Scotland Gogarburn, PO Box 1000, Edinburgh EH12 1HQ. A fee of 10 is payable If you believe that any of the information that we hold about you is inaccurate, or if you have any queries about how we use your information which are not answered here, please contact us; telephone or Text Relay , visit your branch or speak to your Relationship Manager or Business Manager Team. 1.4 Changes to the way we use your information From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we will notify you and will allow a period of 60 days for you to raise any objections before the change is made. However, please note that in some cases, if you do not agree to such changes it may not be possible for us to continue to operate your account and/or provide certain products and services to you. 1.5 How we use and share your information with other Royal Bank of Scotland companies We may use and share your information with other Royal Bank of Scotland companies. This information is used by us and them to: (a) assess and process applications, provide you with products and services and manage our (or their) relationship with you; (b) understand our customers preferences, expectations and financial history in order to improve the products and services we offer them; (c) carry out financial (including credit) and insurance risk assessments and for risk reporting and risk management; (d) develop, test, monitor and review the performance of products, services, internal systems and security arrangements offered by Royal Bank of Scotland companies; (e) assess the quality of our service to customers and to provide staff training; (f) improve the relevance of offers of products and services by Royal Bank of Scotland companies to our customers; (g) recover debt; (h) confirm your identity; and (i) prevent and detect crime, including fraud and money laundering. 1.6 Sharing with third parties We will not share your information with anyone outside Royal Bank of Scotland except: (a) where we have your permission; (b) where we are required by law and/or by law enforcement agencies, government entities, tax authorities or regulatory bodies around the world; (c) to third party service providers, agents and sub-contractors acting on our behalf, such as the companies which print our account statements; (d) to debt collection agencies; (e) to credit reference and fraud prevention agencies; (f) to other companies that provide you with benefits or services (such as insurance cover) associated with your product or service; (g) where required for a sale, reorganisation, transfer or other transaction relating to our business; (h) in anonymised form as part of statistics or other aggregated data shared with third parties; or (i) where permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above We will not share your information with third parties for marketing purposes. 1.7 Transferring information overseas We may transfer your information to organisations in other countries (including to other Royal Bank of Scotland companies) on the basis that anyone to whom we pass it protects it in the same way we would and in accordance with applicable laws. 1.8 Marketing information If you have permitted us to do so, then we will send you relevant marketing information (including details of other products or services provided by us or other Royal Bank of Scotland companies which we believe may be of interest to you), by mail, phone, , text and other forms of electronic communication. If you change your mind about how you would like us to contact you or you no longer wish to receive this information, you can tell us at any time by contacting us; telephone or Text Relay , visit your branch or speak to your Relationship Manager or Business Manager Team. 3

4 1.9 Communications about your account We will contact you with information relevant to the operation and maintenance of your account by a variety of means including via online banking, mobile banking, , text message, post and/or telephone. If at any point in the future you change your contact details you should tell us promptly about those changes We may monitor or record calls, s, text messages or other communications in accordance with applicable laws for the purposes outlined in clause 1.5 overleaf Credit reference and fraud prevention agencies We may access and use information from credit reference agencies when you open your account and periodically to: (a) manage and take decisions about your accounts; (b) prevent fraud and money laundering; (c) check your identity; and (d) trace debtors and recover debts We may share information with credit reference agencies about how you manage your account including your account balance, credit limit and any arrears or default in making payments. This information will be made available to other organisations (including fraud prevention agencies and other financial institutions) so that they can take decisions about you, your associates and members of your household If false or inaccurate information is provided and/or fraud is identified or suspected, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information We and other organisations may access and share fraud prevention agency information about you to prevent fraud and money laundering, for example, when checking: (a) applications and managing credit or other facilities and recovering debt; (b) insurance proposals and claims; or (c) details of job applicants and employees. We and other organisations may access and use this information from other countries If you would like a copy of your information held by the credit reference and fraud prevention agencies we use, please telephone or Text Relay , visit your branch or speak to your Relationship Manager or Business Manager Team where you can obtain their contact details. The agencies may charge a fee How long we keep your information We will keep your information for as long as it is required by us or other Royal Bank of Scotland companies (even if you close your account) in order to comply with legal and regulatory requirements, or for other operational reasons, such as dealing with any queries relating to your account Security We are committed to ensuring that your information is secure with us and with the third parties who act on our behalf. For more information about the steps we are taking to protect your information please visit business.natwest.com and click on Fraud and security advice. 2 Not used. 3 Not used. 4 REGULATORY INFORMATION We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Financial Services Register number is Compensation The Financial Services Compensation Scheme, set up under the Financial Services and Markets Act 2000, may cover your account. The FSCS is mainly available to private individuals although some small businesses are covered. Larger businesses are generally excluded. For money held in a bank or building society in the UK, the scheme will cover up to 75,000 of your claim. Deposits in all currencies are treated the same. Private individuals and small business client funds may be covered. For further information on the conditions governing compensation and details on how to apply, please refer to the FSCS at fscs.org.uk 4.2 Complaints How and where to complain Talk to us If you re not completely happy with our service, we d like to hear about it that way, we can do something to put it right. At NatWest we do everything we can to make sure our customers get the best possible service. However, sometimes, we don t get things right first time. When that happens, we always encourage you to tell us about your complaint, so that we can put matters right. We want to: Make it easy for you to tell us about your complaint Give your complaint the attention it deserves Resolve your complaint fairly without delay Make sure you are satisfied with how your complaint was resolved. How and where to complain If you re not satisfied with any aspect of our service or products, you can tell us about your complaint in the following ways: In person Visit any of our branches and speak to a member of staff. Most of our branches are open from 9.00am-4.30pm Monday to Friday (9.30am-4.30pm on Wednesdays). Some smaller branches have limited opening hours, and some of our branches are also open on Saturdays. 4

5 In writing Address your letter to your Relationship Manager or the Manager of your account holding branch. By telephone Use your usual number for contacting the Bank. If you have access to our 24-hour telephone banking service, our advisers are available at all times. By Visit our website at natwest.com and address your complaint to us via the Support Centre page. Please note that additional personal information should not be included in this message for security reasons. We will respond by telephone or letter for the same reason. How long will it take? We aim to resolve your complaint straight away. However if we have not been able to do so within one week, we will write to tell you: Who is dealing with your complaint When we will contact you again. We will usually resolve most complaints within two weeks. If your complaint is particularly complex, it may take longer. We will contact you regularly until your complaint has been resolved. If we can t reach an agreement with you If we can t agree an acceptable resolution to your complaint within eight weeks we will: Send you a letter giving our reasons for the delay and an indication of when we expect to provide a decision Or Issue the Bank s decision letter, which will explain our final position. You may be eligible to refer your complaint to the Financial Ombudsman Service. We will send you a leaflet telling you more about the Financial Ombudsman Service and explaining your referral rights if we haven t been able to resolve your complaint within eight weeks and with our decision letter We are a member of The Financial Ombudsman Service. If you are still not satisfied after following our complaint handling procedures, you may be able to ask the Ombudsman to review the complaint. The Ombudsman will review complaints made by consumers, Micro-enterprises,small charities and small trusts You can find out more about The Financial Ombudsman Service in a leaflet available from any branch. Alternatively, you can write to Financial Ombudsman Service, Exchange Tower, London E14 9SR or telephone Account Terms These Terms apply to the following Accounts provided by the National Westminster Bank Plc: Current Accounts: Business Current Account Business Plus Account Foundation Account Advantage Business Account Community Current Account Deposit Accounts: Business Reserve Client Deposit Manager Special Interest Bearing Account Client Deposit Service These Terms and the related application form set out the Agreement between the Bank and the Customer. The Agreement also includes the Use of Personal Information and Regulatory Details as set out above and the accompanying tariff. The Agreement will remain in force until it is terminated in accordance with the termination provisions. A Business Day is a day on which banks in the United Kingdom are generally open for business, other than weekends and local bank holidays. A Protected Customer is a consumer, a Micro-enterprise, or a charity whose annual income is less than 1million. A Micro-enterprise means, at the time at which the Agreement is entered into, a business or group of businesses of which it forms part, and which employs fewer than 10 persons and whose annual turnover and/or balance sheet total does not exceed 2 million (or sterling equivalent), a charity which is one with an annual income of less than 1 million (or sterling equivalent) or a small trust which is one with a net asset value of under 1 million (or sterling equivalent). These Terms consist of: SECTION A. GENERAL TERMS WHICH APPLY TO ALL ACCOUNTS SECTION B. SPECIFIC TERMS WHICH APPLY TO INDIVIDUAL ACCOUNTS SECTION C. TERMS WHICH APPLY IF THE BANK ISSUES A CASH OR CASH/DEBIT CARD SECTION D. TERMS WHICH APPLY IF THE BANK ALLOWS THE USE OF TELEPHONE, ONLINE AND MOBILE BANKING SERVICES (EXCLUDING BANKLINE). 5

6 Section A GENERAL TERMS WHICH APPLY TO ALL ACCOUNTS 5 USE OF ACCOUNTS 5.1 The Customer may make and receive payments on Current Accounts. 5.2 The Customer must not overdraw a Deposit Account. 5.3 Where there is more than one Account holder, each is responsible for all transactions carried out and for the repayment of any borrowing on the Account. 6 INSTRUCTIONS ON AN ACCOUNT 6.1 The Bank will not make a payment to another party unless the Customer has consented (whether as an individual transaction or a series of transactions) by giving instructions in accordance with the authority held by the Bank. The Bank may not accept certain types of instruction on Deposit Accounts. 6.2 If the Customer wants to cancel a payment, the Customer will notify the Bank at least one Business Day before the payment is due to be made or, in the case of a cheque, presented for payment. The Customer will provide the following details: for cheques: cheque number, Account number, amount, name of payee and date for standing orders: name of the beneficiary, amount and frequency for direct debits: name of originator, amount and frequency for future dated payments: name of beneficiary, amount and due date for payment. The Customer may not stop a cheque guaranteed by a cheque guarantee card. 6.3 The Customer may make withdrawals from a Deposit Account, at the Account holding branch. The Bank may permit the Customer to make withdrawals from a Deposit Account at another branch, on written request from the Customer to the Account holding branch. 6.4 The time of receipt will be the time the Bank receives the Customer s instructions rather than the time that the Customer sends them. Instructions received on a non-business Day, or after the notified cut-off time for receiving an instruction, will be treated as having been received on the next Business Day. The Customer must not issue future dated cheques. If the Customer does, and a cheque is presented for payment before the date specified, the Bank may pay it. Other instructions for future dated payments will be treated as having been received on the date for payment, or if this is not a Business Day, on the following Business Day. 6.5 The Bank will decide at 2.30pm, unless a later cut off time is specified, on each Business Day, whether the cleared balance on an Account, plus any unused arranged overdraft, is sufficient to cover all cheques, standing orders, direct debits and other payments due to be paid on that day or whether an unarranged overdraft should be permitted. The Customer must ensure that there are sufficient funds in the Account by that time, failing which the Bank cannot guarantee that the payment will be made. 6.6 If the Bank refuses to make a payment the Bank will notify the Customer by either letter, telephone, text message or any other form of communication the Bank agrees, and if possible, give the Bank s reasons for doing so. The Customer can obtain information on how to correct any errors that led to the refusal by contacting one of the Bank s branches. 6.7 When the Bank receives instructions to make a payment in the European Economic Area (EEA), the Bank will credit the institution which holds the payee s account: if the instruction is electronic or by telephone and for payment in sterling (to an account in the UK) or euro (to an account in the EEA), by the end of the first Business Day following the day on which the Bank received the instruction if the instruction is on paper and for payment in sterling (to an account in the UK) or euro (to an account in the EEA), by the end of the second Business Day following the day on which the Bank received the instruction for all other instructions, by the end of the fourth Business Day following the day on which the Bank received the instruction. 6.8 For payments outside the EEA, different execution times may apply. The Bank will provide further information on request. 6.9 If the Customer does not provide correct payment details, the Bank will not be liable for failing to make a payment or making an incorrect payment. The Bank will make reasonable efforts to recover the funds, although it may charge for this. The sort code and account number of an account identifies it, not the name of the account holder If a payment is returned, it will be re-credited to the originating Account. If the amount returned is in a different currency from the currency of the Account, it will be converted at the exchange rate applicable at the date and time it is credited to the Account. This means that the credit to the Account may be more or less than the original debit In order to make a payment the Bank is authorised to use any payment or clearing system or intermediary bank it reasonably selects. The Bank will act in accordance with the rules and regulations from time to time of such payment or clearing system If the Customer instructs the Bank to make a payment and the Bank is notified by the Current Account Switch Service that the payee has moved their account, the Bank will update the account details of the payee on the payment instruction. 6

7 7 PAYING INTO AN ACCOUNT 7.1 Deposit Accounts must be used for business savings only. They should not be used for receiving day to day payments, clearing cheques or paying in notes or bulk coinage. If a Deposit Account appears to be used for those purposes the Bank may refuse to accept payments into the Account. 7.2 Electronic payments to the Account will be available on the Account on the same day if received by 6.00pm on a Business Day. Payments received after the cut-off time will be credited on the next Business Day. 7.3 Cash deposited with the Bank before 3.30pm on a Business Day will be available on the Account on the same day for cash withdrawals or purchases using a debit card. 7.4 Transfers to the Account from any other account of the Customer with the Bank instructed before 3.30pm on a Business Day will be available on the Account on the same day. 7.5 A sterling cheque drawn on a UK bank paid in at the account holding branch or received by the Bank (after being paid in at another branch or sent to the account holding branch by post), before 3.30pm on a business day, will be credited to the account on the same day, otherwise it will be credited on the next working day. However, it will not be included in the account balance: for the calculation of interest until two business days after it was credited to the account; for use by the customer until four business days after it was credited to the account. If the cheque was subsequently returned unpaid, the Bank may debit the account up to 3.30pm six business days after the cheque was credited. 7.6 Cash paid in through the Post Office cash deposit service using a bank giro credit will be added to your account and treated as cleared when we receive the funds from the Post Office (which is usually two business days after you pay it in). 7.7 If a Sterling cheque is paid in through the Post Office cheque deposit service, the money will be added to your account when we receive the cheque from the Post Office (which is usually two business days after you pay it in). 7.8 Clauses 7.6 and 7.7 only apply if the Account Terms allow the deposit of cash or cheques. 7.9 A sterling cheque drawn on an overseas bank or a non-sterling cheque may take longer to clear. The Bank will provide details on request If the Bank has agreed that the Customer may use the Business Quick Deposit Service to deposit cash or cheques into an Account: the Bank will provide instructions on the use of the service and supply wallets on request if the Customer delivers a wallet to the Bank before 3.30pm on a Business Day, the Account will be credited on that day with the amount shown on the bank giro credit in the wallet, otherwise the Account will be credited on the next Business Day the amount in the wallet may not be checked until after the Account has been credited. If the amount in the wallet is greater or less than the amount shown on the bank giro credit or the wallet contains any forgeries: the Bank will adjust the Account to reflect the difference. the Bank will try to notify the Customer within five Business Days where applicable the charges for cash paid in will be calculated on the amount originally credited to the Account as written by the Customer on the bank giro credit. Where there is a difference in the cash amount collected and the amount written on the bank giro credit, the Bank will arrange for any overcharge to be adjusted when the cash difference amount is 900 or more and in these cases a letter will be sent confirming the adjustment no foreign currency notes or currency cheques may be put in a wallet the Bank may suspend, restrict or stop the Customer s use of the Business Quick Deposit Service if it reasonably believes that it is being misused. The Bank will inform the Customer before it takes any of these steps and it will explain why it has done so, unless it is unable to contact the Customer or there is a legal reason or other circumstance beyond its control that stops it from doing so. If the Bank cannot contact the Customer beforehand it will inform the Customer and explain the reasons afterwards. 8 OVERDRAFTS 8.1 The Customer may request an arranged overdraft on a Current Account other than Foundation Account, and if the Bank agrees, the overdraft details will be set out in an agreement between the Bank and the Customer. 8.2 The Bank may refuse a withdrawal which would overdraw an Account, unless there is an overdraft agreement. If the Bank does allow that withdrawal: it will treat the instruction as an informal request for an unarranged overdraft it does not mean that the Bank will allow another similar withdrawal the Customer will repay the overdrawn amount on demand the Customer will pay interest on the overdrawn amount, at the Bank s unarranged borrowing rate. The unarranged borrowing rate is included in the tariff and is available from the Bank on request. Interest is calculated daily over a 365 day year and will be applied quarterly to the Account on the last Business Day of March, June, September and December a Paid Referral Fee may be applied for unarranged borrowing or an Unpaid Item Fee may be applied if the Bank returns an item unpaid. 7

8 8.2.6 the Bank will not charge interest on any part of an overdraft which represents: a Paid Referral Fee or an Unpaid Item Fee. a sum (apart from interest) payable in connection with a breach by the Customer of the Agreement. Any money credited to the Account will reduce that part of the overdraft first. 9 INTEREST PAID BY THE BANK 9.1 The Bank will set the interest rate for an Account and will inform the Customer of that rate. 9.2 Interest is calculated daily over a 365 day year. 9.3 Interest will be applied to the Account unless the Bank agrees otherwise. 9.4 The following Reference Rates apply to interest paid by the Bank: where an interest rate is stated to be based on it, the Bank of England current Bank Rate. The current rate and any changes to it will be available: at bankofengland.co.uk on notices or leaflets in the Bank s branches. from the Bank on request. 9.5 The Bank may change interest rates on an Account immediately and without telling the Customer in advance if there has been a change in the Reference Rate or the change will benefit the Customer. 9.6 Changes to variable interest rates which do not track a Reference Rate but which are beneficial to the Customer will be available on notices or leaflets in the Bank s branches and in national newspapers within three days of the change coming into effect, unless the Bank elects to notify the Customer in writing within 30 days of the change. Interest rates will also be available from the Bank on request. 9.7 Changes to interest rates which track a Reference Rate but which do not reflect a Reference Rate movement, and which are to the Customer s advantage, will be notified to the Customer in writing and will also be available from the Bank on request. 9.8 At least 60 days advance notice will be given for all other changes to interest rates. 10 FOREIGN CURRENCY CONVERSION 10.1 Except where otherwise agreed with the customer, the actual exchange rate that will be applied in foreign currency conversion is the Bank s prevailing rate at the date and time the payment is processed by the Bank. Prior to giving the Bank instructions for a payment, the Customer may request confirmation of the actual exchange rate to be applied to the payment from the Bank, and where possible, the Bank shall do so. In all other cases, the Bank will inform the customer of the actual exchange rate applied as soon as reasonably practicable after the payment is processed. Reference Exchange Rates are published at natwest.co.uk and can be found by searching Commercial Exchange Rates using the site search engine or is available from the Bank. The Reference Exchange Rates are indicative only and are made available by the Bank solely for reference purposes If a conversion is required to complete a transaction the Bank s chosen bank, or the beneficiary bank, may convert the payment at their market rate into local currency. Please be aware that some currencies are restricted, and that in some instances the payment may be sent in the preferred currency of the destination country, e.g. GBP or US$ The Bank may change exchange rates immediately and without telling the Customer in advance if there has been a change in the Reference Exchange Rate. 11 TERMINATION 11.1 A Protected Customer may cancel their Account up to 14 days after it is opened by sending a written notice to their Relationship Manager, or if the Account is not branch based, to the Bank at 135 Bishopsgate, London EC2M 3UR. On cancellation, the Bank will return the money in the Account and any interest it has earned and the Bank will not impose any extra charges. If, at the Protected Customer s request, the Bank has supplied any services before cancellation, the Protected Customer will pay the Bank s charges for those services The Customer may instruct the Bank in writing to close an Account The Bank may, without giving a reason: refuse a deposit close an Account The Bank will give the Customer not less than 60 days written notice to close an Account, unless the Bank considers there are exceptional circumstances The Account may be closed without notice if: the Bank suspects that the customer has given false information or is using the Account for an illegal purpose the Customer or anyone connected with the Customer behaves in a threatening or violent manner towards the Bank s staff the Customer was not entitled to open the Account On closure: the Customer will repay any debit balance to the Bank; or the Bank will repay any credit balance to the Customer after the Customer has returned all unused cheques and cards cut through the magnetic strip and the chip. 8

9 12 CHARGES 12.1 The Bank may apply charges for the use of an Account and for services provided to the Customer. Service charges for operating Accounts will be agreed and confirmed at account opening. Details of charges for other services are also available on request The Bank may apply any amount due to it to the Account of the Customer, even if it causes the Account to be overdrawn or exceed any limit Charges for information provided at the Customer s request will be agreed between the Customer and the Bank on a commercial basis. If the Customer is a Protected Customer where the charge is not set out in the tariff it will not be more than the cost to the Bank The Bank may apply new or revised charges. The Bank will notify the Customer not less than 60 days before any change is introduced The Bank will notify the Customer of any accrued service charges and interest at least 14 days before they are debited from an Account. The Bank may apply all amounts due to an Account even if it causes that Account to be overdrawn or exceed any limit For international payments and non-sterling payments received from the UK, the agreed charge will be deducted from the amount received. 13 CHANGES TO THE TERMS 13.1 If the Bank has valid reason it may change any of these Terms. The Bank will give not less than 60 days written advance notice of the changes made. During the notice period the Customer may close the Account without paying extra charges or losing interest Revised Terms will be available online and from the Bank on request. 14 COMMUNICATIONS 14.1 All communications between the Bank and the Customer will be in English Information on payments into and out of the Customer s Account will appear in the Customer s statement, which the Bank will provide to the Customer on a regular basis (as agreed between the Bank and the Customer), and may also be made available at least once a month at the request of the Customer The Bank will provide a copy of these Terms or any associated product documentation at the request of the Customer. 15 LIABILITY 15.1 The Bank is not liable if it delays or refuses to process any payment if: in its reasonable opinion it is in the interests of crime prevention or compliance with laws or regulations; or it is a consequence of checks carried out as part of the proper operation of the Bank s payment processing systems The Bank is not liable for any loss arising from a cause beyond the Bank s reasonable control or arising from any delay or failure to carry out an instruction, unless caused by the Bank s negligence or wilful default The Bank is not liable for any indirect loss At the request of the Customer, the Bank will make efforts as soon as reasonably practicable to trace an incorrectly executed payment and notify the Customer of the result. Where the Customer is a Protected Customer, the Bank will make immediate efforts to do so This Clause 15.5 is subject to Clauses and The Bank is responsible for executing payments sent from and received to the Accounts correctly. If a payment is unauthorised, the Bank will refund the payment immediately. If the Bank incorrectly executes a payment, it will refund the payment, interest and charges and/or pay any interest which the Customer should have received as soon as reasonably practicable. In the case of a Protected Customer the refund will be made immediately If the Customer is not a Protected Customer, the Bank s records as to the authentication, evidence, consent received from a Customer and technical operability will, in the absence of obvious error, be conclusive evidence The Customer will be entitled to a refund in respect of an unauthorised or incorrectly executed payment only if the Customer notifies the Bank in writing without undue delay and no later than 13 months after the payment was debited If the Customer has authorised a payment initiated by or through a payee, the following conditions must also be satisfied: the authorisation did not specify the exact amount; the amount exceeded the amount the Customer had reasonably anticipated; the Customer makes a request within eight weeks from the date the money is debited from the Account. If the payment is in sterling or euro and by direct debit, the Customer may have further rights under the UK and Single Euro Payments Area Direct Debit Schemes The Customer must comply with any security measures required by the Bank and take all other reasonable steps to prevent their security details or security device from becoming known to or accessible by any unauthorised person The Customer is not liable for any losses from the use of its security details or security device arising before they come into the possession of the Customer or after the Customer has notified the Bank that they have been lost or stolen. 9

10 15.11 The Customer is not liable for any loss from the use of a card or security details before they come into the possession of the Customer or Cardholder or, after the Customer has notified the Bank that they have been lost or stolen or are known by someone else IMPORTANT NOTICE CUSTOMERS WHO ARE NOT PROTECTED CUSTOMERS This clause applies to Customers who are not Protected Customers. The Payment Service Regulations 2009 apply only to the extent provided for below The Customer is liable for all unauthorised payments arising: (a) (b) (c) (d) if the Customer has acted fraudulently; or if the Customer fails to notify the Bank without undue delay of: (i) the loss or theft of their security details or security device and/or (ii) their security details becoming known to someone else; or where the Customer has failed to follow the security measures required by the Bank or failed to take all reasonable steps to keep its security details safe and in accordance with the Bank s security requirements; or for losses where the Customer has authorised another person to use the account IMPORTANT NOTICE PROTECTED CUSTOMERS This clause applies to Protected Customers Protected Customers will be liable up to a maximum of 50 for any losses incurred in respect of unauthorised payments from their account arising: (a) (b) from the use of a lost or stolen security device or security details; or where the Protected Customer has failed to keep its security details or device safe, Except for: (c) losses where the Protected Customer has acted fraudulently; or (d) losses where the Protected Customer has failed, intentionally or with gross negligence, to comply with any term of the Agreement relating to the issue or use of security details or any security device; or (e) losses where the Protected Customer has authorised another person to use the account Unless the Protected Customer has acted fraudulently, the Protected Customer will not be liable for any losses arising from the unauthorised use of its security details or security device: (a) after the Protected Customer has notified the Bank in accordance with this Agreement; (b) where the Bank has not, at any time, provided the Protected Customer with the appropriate means to notify the Bank in accordance with this Agreement; or (c) where they have been used to make a payment for goods or services (except for financial services contracts) where the user of the security details or device does not need to be present, for example, over the telephone or internet, provided that the Protected Customer notifies the Bank of such unauthorised use without undue delay on becoming aware of the misuse If a Customer becomes a Protected Customer on a date after this Agreement has been entered into then the provisions in this Agreement which apply to Protected Customers shall apply to that Customer from that date The Customer shall promptly notify the Bank in writing if it ceases to be a Protected Customer (if, for example, it becomes a larger business or charity). If a Customer is a Protected Customer when this Agreement is entered into but ceases to be so afterwards, the Customer agrees that the provisions in this Clause 15 which apply to Protected Customers shall not apply from such date. 16 LAW AND JURISDICTION If the Account is at a branch in Scotland, Scots law applies to the Agreement and Scottish Courts have exclusive jurisdiction. If the Account is elsewhere, English law applies to the Agreement and English Courts have exclusive jurisdiction. Section B SPECIFIC TERMS WHICH APPLY TO INDIVIDUAL ACCOUNTS 17 BUSINESS CURRENT ACCOUNT 17.1 No interest is payable on a Business Current Account unless the Bank agrees otherwise If the Bank agrees, it will pay interest quarterly at the rate set by the Bank If interest is paid, it will be applied on the first Business Day of March, June, September and December and calculated on the Business Day before application. 18 BUSINESS PLUS ACCOUNT 18.1 The Customer must register for telephone and online banking services to operate a Business Plus Account The Bank will pay interest quarterly at the rate set by the Bank Interest paid will be applied on the last Business Day of March, June, September and December and calculated one month earlier, on the Friday following the last Business Day of the previous month, or on that Business Day if it is a Friday. 10

11 18.4 The Business Plus Account is not available to new customers. 19 FOUNDATION ACCOUNT 19.1 Overdrafts are not available on a Foundation Account No interest is payable on the Account. 20 ADVANTAGE BUSINESS ACCOUNT 20.1 The Customer may apply for the additional benefits specified in the promotional literature for the Advantage Business Account. Additional benefits made available to the Customer do not form part of the Agreement and the Bank may withdraw them at any time If the Account is closed within six months of any benefits being claimed, the Bank may reclaim the value given to those benefits in the benefits brochure issued to the Customer when opening the Account If the Customer s turnover exceeds 250,000 per annum, the Bank may convert the Account to a Business Current Account. If it does, existing lending facilities will continue at the agreed rates for the term of the borrowing. All other benefits will cease The Bank will pay interest quarterly, at the rate set by the Bank Interest paid, will be applied on the last Business Day of March, June, September and December and calculated one month earlier, on the Friday following the last Business Day of the previous month or on that Business Day if it is a Friday The Advantage Business Account is not available to new customers. 21 COMMUNITY CURRENT ACCOUNT 21.1 A Community Current Account is not available to businesses or private individuals Unless the Bank agrees more, the maximum credit balance on the Account for interest purposes is 100, If the Bank agrees, it will pay interest quarterly at the rate set by the Bank Interest paid, will be applied on the first Business Day of March, June, September and December and calculated on the Business Day before application. 22 BUSINESS RESERVE 22.1 The Bank will pay interest monthly, at the rate set by the Bank Interest paid, will be applied on the last Business Day of each month and calculated on the Business Day before application. 23 CLIENT DEPOSIT MANAGER 23.1 The Bank will pay interest quarterly, at the rate set by the Bank Interest paid, will be applied on the last Business Day of March, June, September and December and calculated on the Business Day before application The Bank will not set off credit balances on the Account which belong to third parties, against any liability of the Customer. 24 SPECIAL INTEREST BEARING ACCOUNT 24.1 The Bank will pay interest quarterly, at the rate set by the Bank Interest paid, will be applied on the last Business Day in March, June, September and December and calculated on the Business Day before application. 25 CLIENT DEPOSIT SERVICE 25.1 The Bank will pay interest monthly, quarterly or half yearly as agreed between the Customer and the Bank, at the rate set by the Bank Interest paid: monthly will be applied on the last Business Day of each month and calculated on the Business Day before application Interest paid quarterly will be applied on the last Business Day of March, June, September and December. Interest will be calculated to the last day of the week (which shall include Saturday and Sunday, and where the Monday immediately following is a Bank holiday, that Monday) in which the last business day of the quarter occurs in February, May, August and November Interest paid half yearly will be applied on the last Business Day of June and December. Interest will be calculated to the last day of the week (which shall include Saturday and Sunday, and where the Monday immediately following is a Bank holiday, that Monday) in which the last business day of the quarter occurs in May and November The Bank will not set off credit balances on the Account which belong to third parties, against any liability of the Customer. Section C TERMS WHICH APPLY IF THE BANK ISSUES A DEBIT CARD 26 CARD ISSUE 26.1 The Bank may issue a Debit card for use on an Account, and a PIN for use with the card, to the Cardholder, who will be the Customer or someone else at the Customer s request Each card will bear the name of the Cardholder. Cardholders may only use the card issued with their name. 27 CARD USE 27.1 The Cardholder may: use a card with the PIN to obtain cash from cash machines or over the counter at any bank or bureau de change displaying the logo on the card. 11

12 use a card for purchases (and to obtain cash at the same time) from suppliers displaying the logo on the card. The amount of cash that may be withdrawn is the lowest of: any cash machine, bank, bureau de change or supplier restrictions the Customer s agreed daily cash withdrawal limit the available funds on the Account 27.2 The Customer will ensure that each Cardholder: complies with the Agreement and any security measures advised by the Bank discloses the card number to third parties only in order to carry out a card transaction signs any card issued immediately on receipt memorises any PIN, destroys the notification slip immediately, never records the PIN in a way that might be recognised by someone else and does not disclose the PIN to any person takes reasonable care of the card does not use a card while it is suspended, after it has been cancelled or in breach of any restriction only uses the card for business purposes The Bank may disclose information to any Cardholder. This information will include, but will not be restricted to details of the Account The Bank may disclose information to a third party where it is necessary to carry out card transactions or to comply with its obligations as a payment scheme member When the Bank issues a replacement card, it may be under a different payment scheme A card transaction is authorised by the Customer where a Cardholder follows the supplier s requirements which may include: entering the PIN signing a sales voucher providing the card details and any other details requested using a card reader using a card and the PIN at a cash machine or any bank counter providing the card details and requesting a transfer from the Account Card transactions can be single payments or recurring transactions for a specified number of payments or indefinitely. Future transactions can be authorised for certain or unspecified amounts A supplier may ask the Bank for authorisation before accepting payment by card. The Bank may decide not to give authorisation if: the card has been reported as lost, stolen or misused, or the Bank has reason to suspect it is lost, stolen or misused the Customer or Cardholder has broken the Agreement there are insufficient funds available on the Account. If the supplier is not able to request immediate authorisation, a transaction may be declined. 28 TRANSACTIONS 28.1 Card transactions will normally be applied to the Account on the same day or the next Business Day Any transaction made in a foreign currency using your Debit card is converted into Sterling using the Visa Payment Scheme Exchange Rate. To see the up-to-date rates used for Debit cards visit visaeurope.com and click on the Cardholders section. All card payments made in a currency other than Sterling will be converted into Sterling by us on the date the transaction is processed, using the Visa Payment Scheme Exchange Rate. We will then charge the Non Sterling Transaction Fee on the value of the transaction. The exchange rate may not be the same as the rate which applied on the date the transaction was made, if the payment is processed by the relevant payment scheme after that date. Additional charges on transactions abroad will apply depending on the transaction method as shown in the cardholder guide The Bank does not guarantee that a Cardholder will always be able to use the card If the Customer claims a refund from the merchant, the Bank will credit the Account with the amount of the refund when the bank has received the refund advice from the merchant Once the Cardholder has carried out a transaction, the Customer cannot ask the Bank to stop that transaction If a transaction overdraws the Account or exceeds an agreed overdraft limit it will create an unarranged overdraft. 29 LOST, STOLEN OR MISUSED CARDS 29.1 The Customer or Cardholder must notify the Bank without undue delay at a branch or by phoning , Minicom (or from abroad) if they suspect that a: card is lost, stolen or has been misused PIN is known to an unauthorised person card has been used without authorisation reported card has been found. A card which is later found must be destroyed. Lines are open 24 hours. Telephone calls between us may be recorded If the Customer or Cardholder is unable to give notice in any other way, they must write without undue delay to the Account holding branch or to NatWest Card Loss Centre, PO Box 700, Central House, Otley Road, Harrogate, North Yorkshire HG3 1XH The Bank may disclose relevant information to a third party if it is in connection with the loss, theft or possible misuse of the card or PIN. 12

13 30 PAYMENTS AND CHARGES 30.1 The Customer will meet all expenditure, charges and interest incurred through the use of all cards including where the Bank has suspended, cancelled or restricted their use or where the details on the sales voucher are wrong or where no sales voucher is signed, if the Cardholder has authorised the transaction The Customer will pay charges as agreed and confirmed at account opening or when providing the card. 31 NOTIFICATION/CANCELLATION 31.1 The Customer will: notify the Bank immediately of any change to a Cardholder s details cut through the magnetic strip and the chip of any card which a Cardholder is no longer permitted to use and destroy it notify all suppliers with a continuing payment authority that a card has been cancelled. 32 ENDING THE USE OF THE CARD 32.1 The Customer may, at any time, end the use of a card by written notice to the Bank and returning the card to the Bank cut through the magnetic strip and the chip The Bank may suspend or terminate the use of a card with immediate effect: for security reasons where the Customer materially breaches the Agreement where the Bank suspects unauthorised or fraudulent use of the card if any other circumstances occur which cause the Bank to believe that the Customer s obligations to the Bank may not be met. Unless there is a security or other legal reason not to, the Bank will notify the Customer either before it takes action, or immediately after, and give reasons for doing so If the use of a card is terminated, the Customer must cut through the magnetic strip and the chip of the card and destroy it If the Account is closed the Customer must not use a card for any further transactions or to guarantee payment of cheques. Section D TERMS WHICH APPLY IF THE BANK ALLOWS THE USE OF TELEPHONE, ONLINE AND MOBILE BANKING SERVICES (EXCLUDING BANKLINE). 33 INSTRUCTIONS 33.1 The Customer authorises the Bank to act on an Instruction to make payments to or from the Customer s Account(s) when the transaction has been authenticated by the required security procedure The User(s) will be the Customer or someone else appointed by the Customer to operate the service and give Instructions The Bank is under no obligation to allow an Instruction to be cancelled or amended once received and even if the Bank tries to reverse or revoke an action carrying out an Instruction, it may not be able to do so The Bank will only act on an Instruction during the hours of operation on a Business Day and in accordance with the cut off times advised by the Bank The Customer is responsible for all Instructions given between the time the User passes the security procedure until the User exits the service. This includes any input errors or Instructions sent by someone other than the User, so Users should not leave the service unattended while still logged on If a transaction overdraws the Account or exceeds an agreed overdraft limit it will create an unarranged overdraft The Bank does not guarantee that the service will always be available for use The Bank may suspend the User s use of the service for security reasons, or where the Bank suspects unauthorised or fraudulent use of the service. Unless there is a security or other legal reason not to, the Bank will notify the User either before it takes action, or immediately after, and give reasons for doing so The Customer may, in some situations, use online banking services, or mobile banking services, to give the Bank an instruction to make a sterling payment within the UK outside of normal business hours. Where these instructions can be accepted, the payee s Bank will be credited on the same day. The User will be advised at the time an Instruction is sent if it cannot be processed until the next Business Day. 34 SECURITY 34.1 The Customer and each User must keep all security details and devices secret and prevent them from becoming known to or accessible by any unauthorised person If the Customer or a User receives a request to disclose any security details in full (even if the use of the Bank s name and logo and appear to be genuine) it will be fraudulent. The Customer or User must not reveal the security details and must report the request to the Bank immediately The Customer or User must contact the Bank without undue delay if they suspect or believe that: a security device is lost, misused or stolen any security details may be known to an unauthorised person there has been any unauthorised use of the service Telephone banking calls may be recorded. 13