Terms and Conditions

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.

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" 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 and certain business customers as described in Clause 2.1 of these Terms and Conditions; in the case of those business customers referred to in Clause 2.1, the service is branded "365 business phone".

1.6 "365 online" means the Bank's electronic banking service (accessible by means of the Internet) for personal customers and certain business customers as described in Clause 2.1 of these Terms and Conditions; in the case of those business customers referred to in Clause 2.1, the service is branded "365 business online".

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 "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.

1.9 "IBAN" means the International Bank Account Number.

1.10 "7 Digit 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.

1.11 "365 PIN" means the unique Personal Identification Number which the Bank will provide to the Customer as a means of accessing the Services.

1.12 "User I.D." means a unique six (6) digit identification code supplied by the Bank to the Customer.

1.13 "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.

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

(a) information on Account balances;

(b) information on Account transactions;

(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

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

2 Accounts

2.1 The Bank is offering the Services to those of its personal customers and certain business customers, being farmers and sole traders, (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 a valid mandate ("Mandate") in respect of

the operation of 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 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 and 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 Customers must allow 3 Banking Days from the time of receipt of Instructions by the Bank for domestic payments in respect of Designated Accounts, credit cards and utility bills to reach their destination.

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

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 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 will accept Instructions from Customers 24 hours a day, every day of the year. Such Instructions will be effected as soon as is reasonably possible.

5.4 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 close of business on the Banking Day prior to 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

close of business on 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 close of business 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 which is a current 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 issued by the Customer less than five (5) working days in advance of 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 in writing or by publication in branches or elsewhere at least 30 days before the charges take effect. Unless the Customer advises otherwise, the Bank will debit the Customer's current account with any charges for Sevices should such charges be introduced.

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.

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 30 days after notice of such alteration has been notified to the Customer by any of the following means: through the post, by electronic mail, by recorded message on accessing the Services, or by advertisement in at least one national daily newspaper.

12 Limitation of 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 incorrect application by the Bank of Customer Instructions which results either in the crediting of the incorrect Account or the crediting of an incorrect amount to an Account, the Bank's liability shall be limited to the amount incorrectly transferred.

12.3 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 Indemnity

13.1 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.

13.2 Without prejudice to the generality of Clause 13.1 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 Jurisdiction

16.1 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.

17 Termination

17.1 Either the Customer or the Bank may terminate this Agreement at any time on notice to the other party.

17.2 The Bank may terminate this Agreement 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 Services provided by 365 online:

18 Viewing and International Funds Transfer

18.1 In addition to the Services referred to at Clause 1.14, the following services are available by means of 365 online:

(a) viewing statements in respect of Credit Card Accounts; and

(b) customising the current Account statement on screen to list categories of

transactions processed over the previous 11 months.

18.2 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.

18.3 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.

18.4 Customers must allow 3 Banking Days from the time of receipt of Instructions by the Bank for international payments in respect of Designated Accounts to reach their destination. The actual application of the payment to the Designated or Third Party Account is determined by the foreign bank and is outside the control of the Bank.

18.5 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.

19 Mobile Phone Top Up

19.1 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.

19.2 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.

19.3 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.

20 Funds Transfer/Payments Timing

20.1 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 as between the transmission of Instructions over the Internet and their receipt by the Bank.

21 Standing Orders

21.1 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.

21.2 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 issued by the Customer less than five (5) working days in advance of the next scheduled date of payment.

22 Suitable Facilities

22.1 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).

23 The Bank's Website

23.1 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.

23.2 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.

24 Security

24.1 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.