Terms and Conditions - Bank of Ireland 365
phone and online banking services


1    Definitions

1.1    "Account" means any account or accounts designated in euro held by the Bank in Ireland (which           for the avoidance of doubt does not include Northern Ireland) in the name of the Customer(s) in           respect of which the services (as defined below) are available.

1.2    "Bank" means the Governor and Company of the Bank of Ireland having its head office at 40 Mespil            Road, Dublin 4, Ireland.

1.3     "Banking Day" or "Banking Day of Access" means the periods of time in any one day during           which the Bank is open for business in Ireland, and "non-Banking Day" (i.e. Saturdays, Sundays           and Bank Holidays) shall be construed accordingly.

1.4    "BIC" means the Bank Identifier Code.

1.5    "365 phone" means the Bank's telephone banking service for personal customers as           described in Clause 2.1 of these Terms and Conditions.

1.6    "365 online" means the Bank's electronic banking service (accessible by means of the Internet)           for personal customers as described in Clause 2.1 of these Terms and Conditions.

1.7    "Designated Accounts" means the Accounts and Third Party Accounts nominated by the           Customer for the purpose of executing a funds transfer. The categories of information           required in respect of these Accounts are as prescribed by the Bank from time to time. The                          Customer acknowledges that certain Accounts may not be suitable for categorisation as                           Designated Accounts.

1.8    "Domestic Payment" means a payment in Euro within the Republic of Ireland.

1.9    "Future Dated Payment" means requests for the funds transfer/bill payment service to           Designated Accounts where the request for the service is made in advance of the requested           date of payment.

1.10   "IBAN" means the International Bank Account Number.

1.11   "One Time Activation Code" ("OTAC") means a unique seven (7) digit activation code sent by the            Bank to the Customer required to set up certain Services.

1.12   "365 PIN" means the unique Personal Identification Number which the Bank will provide to the             Customer as a means of accessing the Services.

1.13   "User I.D." means a unique identification code supplied by the Bank to the Customer.

1.14   "Security Devices" means those security devices (or a combination of them) (as may be            amended by the Bank from time to time) required for access to the Services and currently            including the 365 PIN, OTAC, User I.D. and Customer password information.

1.15   "Services" includes any one or more of the following:

(a) information on Account balances;
(b) information on Account transactions;
(c) set up, view or cancel standing orders on an Account;
(d) view or cancel direct debit details set up on an Account;
(e) cheque search from the last statement date on a Current Account;
(f) domestic funds transfer between Designated Accounts;
(g) payment of those categories of utility bills in respect of which
     the Customer has effected registration with the Bank as listed at Clause
     3.2 of these Terms and Conditions (which may be amended or extended by
     the Bank from time to time) (the "Bill Payment Service");
(h) statement request in respect of Current, Savings and/or Loan Accounts;
(i) top up mobile phones (only for Meteor, O2 and Vodafone);
(j) registration of mortgage and savings and investment accounts.


The Services may be altered by the Bank from time to time at its discretion.

1.16   "Third Party Account(s)" means the account(s) of a third party to which the Customer wishes to             make a payment/deposit.

1.17   "PSR" means The European Communities (Payment Services) Regulations 2009 and PSR           regulated payments means any payments where the payment service providers of both the           payer and payee are located within the EEA and where such payments are made in euro or any           other EEA currency.

1.18    "Cut-Off Time" means 5pm on any Banking Day. Any payment instruction received after 5pm on a            Banking Day will be deemed to have been received on the next Banking Day.

2   Accounts

2.1   The Bank is offering the Services to those of its personal customers (the "Customers" and each a          "Customer") who hold an Account(s) subject to the terms and conditions set out hereunder, as same          may be amended or varied from time to time (the "Terms and Conditions"). Usage of the Service          indicates the customer's agreement to be bound by the Terms and Conditions.

2.2   It is a pre-condition to the provision of the Services (other than the viewing of         statements/transactions on Credit Card accounts) that:

(a) the Customer is the legal and beneficial holder of the Accounts;
(b) the Bank has been provided with an authority from the customer ("Mandate") to operate
     the Accounts.


To the extent to which the provision of the Services (or any of them)
necessitates an alteration or amendment of the terms of the Mandate, the terms of the Mandate are hereby deemed to be amended to that extent only. The Bank shall not be responsible for verifying the existence or the terms of the Mandate.

2.3   The Customer may access the Services on authentication of the 365 PIN provided by the Bank.

3   Domestic Funds Transfer/Bill Payment Service

3.1   Registration for funds transfer/bill payment service shall be in the manner prescribed by the          Bank from time to time and the record maintained by the Bank of the registration, or instructions          which have been (or reasonably appear to the Bank to have been) issued by the Customer to          amend the registration, shall be prima facie evidence of such registration. Previous use of the          Services by the Customer to authorise a domestic payment transfer and/or existing registration          for payment of utility bills via the Bank's ATM network, will constitute relevant authority in          respect of such accounts.

3.2   The list of accepted recipients for the Bill Payment Service is as set out hereunder (this list may          be amended by the Bank from time to time on notice to the Customer):

       ESB
       Bord Gáis
       NTL
       Eircom
       Vodafone
       O2
       Chorus
       Bank of Ireland MasterCard
       Bank of Ireland Visa
       American Express

         Where the Bank is not a party to the provision of any of the above services by the service          provider any and all inquiries and/or disputes in respect of those services should be directed by the          Customer to the relevant service provider. Queries in respect of credit cards and charge cards          should be directed to the relevant card issuer.

3.3   The Bank may refuse to act on any Instruction (as defined in Clause 5.1 below) without liability to          the Customer where sufficient cleared funds are not available or where an agreed overdraft          facility is not in place on the Account (where applicable) or where such overdraft facility (if in          place) would be exceeded if the Bank acted on the Instruction.

3.4   Customers may register to effect payments by means of a funds transfer to Designated          Accounts (other than the list set out at 3.2 above) within Ireland. Payments will not be permitted          to a new Designated Account until such registration is verified by means of an OTAC issued by the          Bank to the Customer.

3.5   Funds transfers are not permitted from Loan Accounts or from Credit Card Accounts. Where a funds         transfer is made to a Loan Account the resultant balance on the Loan Account may not be taken as         conclusive evidence between the Bank and the Customer of the state of the Loan Account. The         Customer accepts that where conclusive evidence of the state of the Loan Account is sought he/she         must contact his/her branch of the Bank to ascertain the correct balance.

3.6   Domestic Funds transfers to Designated Accounts are subject to transaction and other limits.          Details of these limits are available from the Bank and may be altered by the Bank at its          discretion from time to time.

3.7   Where Future Dated Payments are requested they shall be processed according to date order.          Where two or more Future Dated Payments are requested for the same date they shall be          processed in the order in which they were requested by the Customer.

3.8   Whilst Customers may send Instructions to the Bank 24 hours a day, every day of the year, in          respect of payments out of an account, (debit payments), the date of receipt of such payment          instructions ("D") will be that Banking Day where the payment instruction is received by the Bank          prior to the Cut-Off Time. The Bank will process all payment instructions received such that the         bank will be credited within three (3) Banking Days of the date of receipt by the Bank of said payment          instruction (D+3). With effect from January 1, 2012 the Bank will process all payment instructions          received such that the beneficiary bank will be credited within one (1) Banking Day of the date of          receipt by the Bank of said payment instruction (D+1). The above referenced transaction          processing times apply only to PSR regulated payments and any non-PSR regulated payments          may take longer to process.

3.9   Notwithstanding the provisions of 3.8 above, where the beneficiary bank is the Bank all such          payment instructions will be processed on the same Banking Day.

4   Security/Authentication

4.1   The Bank will provide the Customer with a 365 PIN, which must be provided on request and in the          form requested on each occasion the Customer accesses the Services. In addition, the User I.D.          must be provided where relevant and additional security questions may be posed by reference to the          password information provided by the Customer to the Bank for this purpose. Any further Security          Devices prescribed by the Bank from time to time must also be furnished, as required by the Bank.

4.2   The Customer:

(a) must keep secret the Security Devices;
(b) must not record them or hold them in a form or manner which would be intelligible or otherwise accessible to an unauthorised person; and
(c) must notify the Bank without delay (telephone 0818 365 365) should the  Customer either suspect or become aware that the Security Devices (or any of them) have become known or available to an unauthorised person.
5   Acting on Instructions and Related Consents

5.1   The Customer irrevocably authorises the Bank to act upon all instructions received in respect of          the Services (once accompanied by the appropriate Security Device(s)) which have been or          appear to the Bank to have been issued by the Customer, without taking any further steps to          authenticate such instructions ("the Instructions" and each an "Instruction").

5.2   All debiting Instructions shall constitute a liability of the Customer. The Bank may refuse to act on any          Instruction if the Instruction does not contain the IBAN and BIC number, or sort code and account          number, or any other necessary unique identifier of the beneficiary. In the event that the Bank refuses          to process any such Instruction, the Bank will advise the Customer accordingly. The Customer may          cancel or amend any Instruction given pursuant to these Terms and Conditions provided that the          Instruction has not already been effected by the Bank.

5.3   The Bank may effect domestic or international credit transfer payments on the Customer's          behalf via the Belgium-based Society for Worldwide Interbank Financial Telecommunication          (SWIFT). SWIFT has operating centres in both Europe and the US where the transaction data is          stored temporarily. Any Customer instructing the Bank to execute a payment order or other services          requiring SWIFT messaging is giving implicit consent for those data elements necessary for the          correct processing of the transaction to be sent outside of Ireland.

6   Joint Accounts

6.1   Instructions for joint accounts may be given by any of the accountholders although each          accountholder must register separately and apply for his/her own individual 365 PIN and User I.D.

6.2   Where the Customer comprises of more than one person, each such person agrees to be          jointly and severally liable for all monies due or liabilities incurred arising from any Instructions          given pursuant to these Terms and Conditions.

6.3   Any and all covenants, agreements, indemnities and provisions in these Terms and Conditions          shall have effect as if they were joint and several covenants, agreements, indemnities and          provisions by any such persons.

7   Recording

7.1   The Bank shall record Instructions received by way of the Services and, in the event of any          dispute arising in relation to any Instructions or alleged Instructions, the record so kept by the          Bank shall be prima facie proof of such Instructions or alleged Instructions for the purpose of          determining such dispute.

8   Information on Account Balances

8.1   The Customer accepts that information on account balances (other than Visa and MasterCard          Accounts) on the Banking Day of Access is comprised of:

(a) the balance as at 3am on the
      Banking Day of Access; and
(b) all cheques due for value on the Banking Day of Access, standing orders,
      all automated debits and credits due for value on the Banking Day of
      Access, and debits and credits made by use of Branch terminals and the
      ATM network or any other electronic money transfer system.

All transactions included under paragraph (b) above are for information purposes only
and the Customer hereby acknowledges that their status will not be confirmed until
3am on the Banking Day after the Banking Day of Access.

8.2   The Customer accepts that information on account balances for Bank of Ireland Visa and          MasterCard Accounts consists of the balances set at 6am on the Banking Day prior to the Banking          Day of Access

8.3  The information available by means of the Services (where applicable) shall not be taken as         conclusive evidence between the Bank and the Customer of the state of the Accounts and while the         Bank shall use all reasonable endeavours to ensure the accuracy and completeness of all such         information, subject to the restrictions on excluding liability in the Consumer Protection Code, the         Bank shall not be liable for any loss incurred or damage suffered by the Customer by reason or in         consequence of any such information.

9   Direct Debits

9.1   The Customer may request the cancellation of any direct debit set up on an Account at any          time. The Customer is responsible for ensuring that any such cancellation Instruction is issued          in good time and the Bank shall have no liability to the Customer in respect of any payment          made by the Bank on foot of a valid direct debit mandate where the Instruction to cancel the said          mandate was not received by the Bank prior to 5pm on the Banking Day prior to the next          scheduled date of payment.

10   Charges

10.1  The Bank may decide (subject to appropriate regulatory approval) to introduce a charge for           operating the Services. Notice of the introduction of such a charge will be given to Customers by           whatever means allowed by law or regulation the Bank, in its discretion deems appropriate before           the charges take effect. Unless the Customer advises otherwise, the Bank will debit the Customer's           current account with any charges for Services should such charges be introduced. In such           circumstances the Customer shall be free to dissolve this contract with the Bank and if so doing           shall forthwith discharge all and any outstanding liabilities to the Bank. In the absence of any prior           notice to the contrary, the Customer will be deemed to have accepted such revised Terms and           Conditions with effect from their notified effective date.

10.2  Where applicable, standard Bank charges will be levied in respect of individual           transactions/services in accordance with the Bank's then current schedule of fees and charges.           Details of these fees and charges are as set out in the Bank’s Schedule of Fees and Charges           for personal customers, the Bank’s Schedule of Fees and Charges for business customers           and the Bank’s Schedule of International Transaction Charges which are available from any           branch of the Bank. Details of relevant International Transaction Charges are also available           online at www.365online.com. The Bank reserves the right at all times to vary any and all           applicable fees or charges by giving subject to approval by the relevant regulatory authority, by giving           notice thereof to the Customer by whatever means allowed by law or regulation the Bank, in its           discretion deems appropriate.

11   Alterations

11.1  These Terms and Conditions, the available Services, and any associated limits or           requirements, may be altered by the Bank at its discretion from time to time and will be altered by           the Bank to comply with any regulatory directive or to enhance the security of the Services provided.           Any such alteration shall become effective after notice of such alteration has been provided to the           Customer by whatever means allowed by law or regulation the Bank, in its discretion deems           appropriate.In such circumstances the Customer shall be free to dissolve this contract with the           Bank and if so doing shall forthwith discharge all and any outstanding liabilities to the Bank. In the           absence of any prior notice to the contrary, the Customer will be deemed to have accepted such           revised Terms and Conditions with effect from their notified effective date.

12   Bank Liability

12.1  The Bank shall not be liable for any delays, interruptions, errors or failures in the provision of           the Services not within the reasonable control of the Bank including force majeure, those           caused by failure or fluctuation of electrical power, industrial action, industrial disputes,           breakdown or other malfunctions of the Customer's or the Bank's telephone or other technical           equipment, including software. Additionally, the Bank shall not be liable, either in contract or in           tort, for any loss or damage claimed to have arisen as a result of the non-availability, non-          functioning or malfunctioning of the Services or otherwise in connection therewith.

12.2  In the event of any incorrectly executed transaction resulting from the acts or omissions of the Bank,           the Bank will refund the amount of such incorrectly executed transaction and will restore an Account           to the state it would have been in had the incorrectly executed transaction not taken place.

12.3  Where any transaction is effected by the Bank in accordance with any unique identifier (sort           code, account number, IBAN or BIC) as supplied by the Customer but where the unique           identifier supplied is incorrect the Bank shall have no liability to the Customer in respect of such           transaction. The Bank will however make all reasonable efforts to recover the funds involved in           such transaction. The Bank may charge the Customer in respect of all reasonable costs           incurred in recovering the funds on behalf of the Customer.

12.4  Subject to the Customer's full compliance with these Terms and Conditions, the Bank shall           accept liability for the non-execution or defective execution of a funds transfer between           Designated Accounts or other bill payment, limited to the amount of the unexecuted or           defectively executed transaction.

13   Customer Liability

13.1  The Customer must advise the Bank without undue delay, and no later than thirteen (13)           months after the transaction date, of any unauthorised transaction.

13.2  In the event of an unauthorised transaction out of an Account, the Bank will, subject to 13.3 &           13.4 below, refund the amount of such unauthorised transaction and will restore the Account to           the state it would have been in but for the unauthorised transaction.

13.3  Where such unauthorised transactions have resulted from the loss, theft or misappropriation of           the Security Devices or any of them and where such loss, theft or misappropriation was           reported to the Bank without undue delay the Customer will be liable for such unauthorised           transactions up to a maximum of €75.

13.4  Where any such unauthorised transactions arise as a result of any fraud or gross negligence           on the part of the Customer, the Customer shall be liable for the full amount of such           unauthorised transactions.

13.5   The Bank shall have no liability whatsoever in respect of any loss or damage suffered by any person            as a result of the Customer's breach of any of these Terms and Conditions.

13.6   Without prejudice to the generality of the above, the Bank shall have no liability whatsoever in            respect of any loss suffered by the Customer as a result of their breach of Clause 4 by way of            knowingly, negligently or recklessly disclosing the Security Devices or any of them.

14   Severance

14.1  Each of the provisions of these Terms and Conditions is severable from the others and if at           any time any one or more of such provisions, not being of a fundamental nature, is or becomes           illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining           provisions of these Terms and Conditions shall not in any way be affected or impaired.

15   Waiver

15.1  No time or indulgence which the Bank may extend to the Customer, nor any waiver by the Bank           of any breach by the Customer of any provision of these Terms and Conditions, shall affect the           Bank's rights and powers there under.

16   Making a Complaint

16.1  The Bank is committed to providing excellent customer service at all times. If the Accountholder           wishes to make a complaint the following steps will apply:

(a)          Raise the complaint by calling 0818 365 365 and speaking with a Customer Service                agent, or at your branch either in person or over the phone to the Customer Service                Manager (or any member of staff) or in writing to the Customer Service Manager.                Alternatively, the Accountholder may make the complaint to the Bank's Customer                Care Unit by phoning 1850 753 357 on a Banking Day between 9.00 am and 5.00 pm                (+353 1 661 5933 if calling from abroad) or by writing to Customer Care Unit, Bank of                Ireland, Lower Baggot St, Dublin 2.
(b)          If the complaint has not been resolved within 5 Banking Days, the Bank will                acknowledge receipt of your complaint in writing. If the complaint has not been                resolved within 20 Banking Days the Bank will provide the Accountholder with a                written update. If, after a further 20 Banking Days the Bank has still not resolved the                complaint, the Bank will write again to explain the delay and will provide an indication                of when a conclusion is expected.
(c)          When the Bank has completed its investigation into the complaint, it will provide the                details of the outcome to the Accountholder in writing.
(d)          If the Accountholder is not satisfied with how the Bank has dealt with the complaint, it                may be taken to the Financial Services Ombudsman, 3rd Floor, Lincoln House,                Lincoln Place, Dublin 2. Lo Call: 1890 88 20 90, Telephone: +353 1 6620899, Fax:                +353 1 6620890, e-mail: enquiries@financialombudsman.ie, website:                www.financialombudsman.ie
17   Jurisdiction

17.1  These Terms and Conditions shall be governed by and construed in accordance with the laws           of The Republic of Ireland, and the courts of The Republic of Ireland shall have exclusive           jurisdiction to resolve any disputes in connection herewith.

18   Termination

18.1  The Customer may terminate this Agreement at any time on notice to the bank.

18.2  The Bank may terminate this Agreement at any time on two months notice to the Customer.

18.3  In addition to the right to terminate as set out above, and without any liability to the Customer,           the Bank reserves the right to block the use or operation of the Services in circumstances          where;

(a)          there is a reasonable suspicion of unauthorised or fraudulent activity; or
(b)          there has been a breach of these terms and conditions by the Customer.


Where the Account is so blocked, the Customer will be notified and advised as to how the block may be removed.

18.4  The Bank may terminate this Agreement or block the use or operation of the Services           immediately on the death, bankruptcy or other act of insolvency of the Customer or in the event           of the Customer having failed security checks in a manner which the Bank deems           unacceptable.

Terms and Conditions applicable to 365 online only


In addition to the Terms and Conditions above , the following Terms and Conditions also apply to the service provided by 365online:

19   Viewing and International Funds Transfer

19.1  In addition to the Services referred to at Clause 1.15, the following services are available by            means of 365 online:

(a) viewing statements in respect of Credit Card Accounts
(b) customising the current Account statement on screen to list categories of
      transactions processed over the previous 11 months
(c) international funds transfers between Designated Accounts.
19.2  The transfer of funds internationally between Designated Accounts requires the Customer to make           an application to the Bank for the recognition of a foreign Third Party Account as a Designated           Account, which decision is at the sole discretion of the Bank. The Customer will be required to           provide the IBAN and BIC, and such other information as the Bank may require from time to time,           for the foreign Third Party Account in order for it to be registered as a Designated Account for the           purposes of such international funds transfers. Payments will not be permitted to a new Designated           Account until such registration is verified by means of an OTAC issued by the Bank to the           Customer.

19.3  International funds transfers to Designated Accounts are subject to transaction and other            limits. Details of these limits are available from the Bank and may be altered by the Bank at its            discretion from time to time.

19.4  Whilst Customers may send Instructions to the Bank 24 hours a day, every day of the year, in            respect of payments out of an Account, (debit payments), the date of receipt of such payment            instructions (“D”) will be that Banking Day where the payment instruction is actually received by            the Bank. The Bank will process all payment instructions received such that the beneficiary            bank will be credited within three (3) Banking Days of the date of receipt by the Bank of said            payment instruction (D+3). With effect from January 1, 2012 the Bank will process all payment            instructions received such that the beneficiary bank will be credited within one (1) Banking Day            of the date of receipt by the Bank of said payment instruction (D+1).The actual application of the            payment to the Designated or Third Party Account is determined by the beneficiary bank and is            outside the control of the Bank.

19.5  In addition to the standard transaction/ service charges as set out at Clause 10.2 above,           international fund transfers may also attract additional charges, details of which are available           in the Bank’s Schedule of International Transaction Charges which is available from any           branch of the Bank. Details of relevant International Transaction Charges are also available           online at www.365online.com. Where applicable the then current Bank foreign exchange rates           will be applied. Details of these rates are available from any branch of the Bank and the actual           rate to be applied will be displayed when submitting a payment Instruction.

20   Mobile Phone Top Up

20.1  Registration for the mobile phone top up service shall be in the manner prescribed by the Bank           from time to time, and the record maintained by the Bank of the registration, or instructions           which have been (or reasonably appear to the Bank to have been) issued by the Customer to           amend the registration, shall be prima facie evidence of such registration. The mobile phone           top up service may not be available in respect of all mobile phone service providers.

20.2  Once registered, use of the mobile phone top up service by the Customer will attract standard Bank           transaction charges in accordance with Clause 10.2 above. The actual application of any payment           made using the mobile phone top up service to a mobile phone account is determined by the mobile           phone service provider and is outside the control of the Bank.

20.3  As the Bank is not a party to the provision of the mobile phone services by the mobile phone service           provider any and all inquiries and/or disputes in respect of those mobile phone services should be           directed by the Customer to the relevant mobile phone service provider.

21   Funds Transfer/Payments Timing

21.1  The Customer avails of the funds transfer and/or Bill Payment Service in the knowledge that           Instructions are only effective at the time of their receipt by the Bank and that there may be a           time lag between the transmission of Instructions over the Internet and their receipt by the           Bank.

22   Standing Orders

22.1  The Customer may register to set up standing orders on any Account which is a current           account. Any such newly registered standing order will not be activated until such registration is           verified by means of an OTAC issued by the Bank to the Customer.

22.2  The Customer may request the amendment or cancellation of any standing order set up on an           Account at any time. The Customer is responsible for ensuring that any such amendment or           cancellation Instruction is issued in good time and the Bank shall have no liability to the Customer in           respect of any payment made by the Bank on foot of a valid standing order mandate where the           Instruction to amend or cancel the said mandate was not received by the Bank prior to 5pm on the           Banking Day prior to the next scheduled date of payment.

23   Suitable Facilities

23.1  The Customer will, at the Customer's own expense, provide and maintain facilities suitable for           gaining access to the Services (as communicated by the Bank to the Customer from time to           time).

24   The Bank's Website

24.1  The information provided on the other page(s) of the Bank's Website is not intended to           constitute an offer or solicitation of investment, financial or banking services to Customers and           is provided for information purposes only.

24.2  The Bank claims copyright over the information contained in and the contents of its Website           pages which may not be copied, transmitted, converted, transcribed or reproduced without the           prior written consent of the Bank.

25   Security

25.1  While all reasonable security precautions have been taken by the Bank, the nature of           communication by the Internet is such that the Bank cannot guarantee the privacy or           confidentiality of any information relating to the Customer passing over the Internet. In           accessing the Bank of Ireland Website and in availing of the Services, the Customer accepts           that electronic mail messaging may not be free from interference by third parties and may not           remain confidential. The use of the Bank's Website is at the Customer's sole risk.


Bank of Ireland is regulated by the Financial Regulator.