- These Terms (referred to as the "Terms") for 365 phone and 365 online apply to the personal customer (referred to as "you" and "your") and Bank of Ireland and its successors and assigns (referred to as "we", "us" or "our"). Some words in the Terms have certain meanings.
- "Account" means any account or accounts in pounds sterling held by us in Northern Ireland or Great Britain in your name or any account(s) which may become available in the future which you can access through 365 phone and 365 online.
- "Banking Day" means any day from Monday to Friday that is not a Bank Holiday/Public Holiday in the country in which your account is held by us.
- "365 phone" means our telephone banking service.
- "365 online" means our electronic banking service accessible through the Internet.
- "Nominated Accounts" means accounts nominated by you (and which are acceptable to us for nomination) for the purposes of making and receiving payments. The information necessary for Nominated Accounts is set out in the Registration form.
- "Password" means unique personal information provided by you to us which you will be asked to confirm when you access the Services through 365 online.
- "PIN" means the Personal Identification Number which we give you to access the Services.
- "Services" include any of the following:-
- information on Account balances;
- information on Account transactions;
- information on any standing orders set up on an Account;
- cheque search from the last statement date on a Current Account;
- payments between Nominated Accounts;
- payment of Bank of Ireland Credit Card Bills that you have registered with us. ("Bill Payment Service");
- statement request in respect of current, savings and/or loan Accounts;
- "Third Party Account(s)" means the account(s) of a third party to which you wish to make a payment.
- "User ID" means the unique 6 digit number which we give you to access the services through 365 online.
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Application of the Terms
- If there is a conflict between the Terms and Conditions and our standard terms and conditions which apply to an Account the standard terms and conditions shall take precedence.
- You may use the Services, once you have registered and confirmed your PIN with us.
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Making Payments/Bill Payment Service
- You may register with us for any of the following:-
- to use the Bill Payment Service to Bank of Ireland credit cards
- to make payments to Nominated Accounts within the UK
- The amounts you may ask us to pay in respect of :-
- The Bill Payment Service
- Third Party accounts
- Transfers between your Accounts
- We will carry out your instructions to make payments as soon as reasonably possible after we receive your instructions. When we carry out your instructions, due to the BACS cycle it will take a minimum of 3 Banking Days for the payments to reach the Nominated Accounts. Payments between your Accounts will be completed on the same Banking Day.
- We may refuse to act on your instructions where there are insufficient cleared funds to make the payment or where there is no overdraft in place on the Account or where any agreed overdraft on the Account would be exceeded if we carried out your instructions.
- You are not permitted to make payments from loan or credit card Accounts using the Services.
- You are not allowed to make payments to loan Accounts held at Bank of Ireland using the Services.
- All payments will be made in sterling.
- You may register with us for any of the following:-
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Security of the Services
- You must key in your PIN on request when you access the Services through 365 phone.You must tell us your User ID, PIN and Password when you are accessing the Services through 365 online.
- When necessary we may give you a new or replacement PIN. You may also change your PIN to one of your choice by calling in GB 08457 365 333 in NI 0845 7 365 555. You are to choose your PIN carefully. You are to tell us about any change to your name, address, phone number or email address.
- You shall take reasonable steps to protect the secrecy of your PIN, User ID and Password and these steps include:
- Your PIN and User ID will be issued to you in a sealed envelope which you should open immediately and destroy as soon as you have memorised the numbers. You must never tell any one your PIN, User ID or Password or write them down or record you PIN, User ID or Password in any way that might be recognised as a PIN, User ID or Password.
- You must not allow anyone else to use your PIN, User ID or Password.
- You must tell us immediately should you suspect or become aware that the PIN, User ID or Password has become known to someone else or if it is likely to be misused. You should telephone us at 08457 365 333 in GB, 08457 365 555 in NI. We will expect you to co-operate with us, the police and any regulatory authority in any investigation into the misuse of your PIN, User ID or Password.
- If you act fraudulently or without reasonable care or in breach of these Terms and Conditions you will be liable for all losses. If you act with gross negligence you may be liable for all losses.. This may apply if you fail to follow the safeguards set out at clauses 3.3 and 3.4 above.
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Carrying out your Instructions
- You agree that we may carry out all instructions received in respect of the Services when accompanied by your PIN, User ID or Password (where applicable) when those instructions appear to have been issued by you without us having to take any further steps to verify them. If you have any queries about transactions on your Account you should raise these with us immediately.
- You agree that we may debit your Account in accordance with the instructions. You may ask us to cancel or amend any instruction given and we will try to do so providing we have not already acted on it.
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Joint Accounts
- We will accept instructions for Joint Accounts given by any one of the account holders only when we hold a signed mandate that specifically states that either party can sign on the Account. Each must apply for an individual PIN, User ID or Password (where applicable) and register separately to make payments.
- When two or more of you hold an Account and are issued with individual PINs, User IDs or Passwords (where applicable) you agree to be jointly and severally bound by and liable for any monies due under these Terms.
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Recording
- We may record instructions received from you by telephone for security reasons and you accept that any recording may be used as evidence in the event of a dispute between you and us.
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Information and Account Balances
- The balance on the Account on the Banking Day you access the Service is the balance at the close of business on the previous Banking Day adjusted to include all cheques and automated debits and credits due for value on the Banking Day of access together with all standing orders and debits and credits made through use of our branches, the ATM network or any other electronic transactions. The balance is for information only and you agree that the status of these transactions will not be confirmed until the close of business on the Banking Day of access.
- The balances on your Bank of Ireland Visa and MasterCard Accounts are those at the close of business on the previous Banking Day.
- Use 365 phone to obtain balance and transactions on any Account held in Euro in Ireland only.
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Charges
- We may decide to introduce a charge for operating the Services. We will advise you in writing of the introduction of a charge not less than 30 days before any such charges apply. We will debit your Account with charges unless you make a different arrangement with us.
- Charges will be levied where applicable in accordance with the Bank's tariff then in force.
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Changes to these Terms
- We may amend, vary or alter the Terms to comply with a change in the law or good practice or product development. We will give you notice of any change by any means we think appropriate as permitted by law. If the change is to your disadvantage we will notify you in writing. The change will take effect 30 days after notice has been given to you. When you receive notice of change to the Terms you may end this agreement within 60 days without paying additional charges or interest in accordance with Clause 10.
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Ending this Agreement
- Either party may end this Agreement at any time by giving 30 days notice in writing to the other party.
- We may end this Agreement immediately on your death or if you become bankrupt and where we have a valid reason we can end this Agreement without notice.
- The Terms will remain in force until all monies due by you to us are paid in full.
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Our Responsibility to You
- We shall not be liable for any delay, interruption, error or failure in the Services which occur for reasons outside our reasonable control including failure or fluctuation in electrical power, industrial action and disputes, breakdown or malfunction of any telephone or technical equipment including software.
- We shall not be liable either in contract or negligence resulting in any loss which you claim arises because the Services were not available or did not function.
- If we in error make a payment to a wrong account or pay the wrong amount to an account our liability shall be restricted to the amount wrongly paid.
- If you comply with these Terms we will accept liability for failure to carry out your instructions to make a payment between Nominated Accounts or a Bill payment but our liability will be restricted to the amount wrongly paid.
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Your Responsibility to Us
- You will be liable to us for all losses and reasonable costs incurred by us as a result of your failure to comply with any of these Terms.
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General
- If we choose not to enforce any of these Terms this will not affect our right to subsequently enforce that term or enforce any of the remaining terms.
- If any of these Terms is found to be invalid or unenforceable this shall not affect the validity or enforceability of any of the other Terms.
- These Terms shall be governed by the laws of the country in which the Account is held and you submit to the non-exclusive jurisdiction of the courts of that country although these Terms may be enforced in any court of competent jurisdiction.