Terms and Conditions Business Accounts - Danske Bank...assessing credit worthiness; and · To develop and sell Scores (i.e. a score provided by a credit reference agency that uses

www.danskebank.co.uk

Ef fect ive from 13 January 2018

These General Terms and Condit ions and any Special Terms and Condit ions which apply to you, supersede any prev ious versions of the Terms and Condit ions.

Terms and Conditions Business Accounts

Dear Customer,This booklet sets out the terms and conditions for Our range of business currentaccounts and business savings accounts. The terms and conditions set out in thisbooklet will apply from 13 January 2018 and supersede any previous versions.

When you are reading this booklet you will note that some sections are shadedgrey. The purpose of this shading is to highlight sections which will applydif ferently to some customers - depending on whether or not they are“Corporate Opt-out” customers under the Payments Services Regulations2017 (the “PSRs”). The PSRs contain provisions relating to the way in which weprovide payment services to our customers and the information that must besupplied in relation to those services.

Some of the provisions of the PSRs are intended primarily to apply toconsumers, micro-enterprises and small charities and the def initions of each ofthese are set out below. Within the PSRs, Regulations 40(7) and 63(5)(referred to as the Corporate Opt-out), enable us to agree to provide morelimited information and to agree dif ferent rights and obligations in relation toPayment Services provided to larger corporate customers than is the case forconsumers, micro-enterprises and small charities.

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a Corporate Opt-out Customer then some ofthese Terms and Conditions will apply dif ferently as explained in the separateCorporate Opt-out notif ication provided to You. To enable You to identify theConditions that apply dif ferently to You and to allow You to compare Your termswith those that apply to retail and small business customers, the Conditions thatapply to You which are dif ferent are shaded in grey, and the dif ferencesexplained. The grey shading is for ease of reference only, and is not intended toform part of this Agreement.

All Conditions that contain no shading apply to You as stated.

If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are a Corporate Opt-out Customer thesections contained in grey shaded areas do not apply to You and do not formpart of Your Agreement with Us.

If You have any queries in relation to the Corporate Opt-out, please contact Us.

Consumer“Consumer” means an individual who, in contracts for payment servicesto which the PSRs apply, is acting for purposes other than a trade,business or profession.

Micro – enterprise

“Micro-enterprise” means an enterprise (i.e. any person engaged in aneconomic activity, irrespective of legal form) which employs fewer than 10persons (full time or equivalent) and whose annual turnover and/or annualbalance sheet total does not exceed EUR 2 million or the Sterlingequivalent. You must meet all criteria to be defined as a Micro-enterprise.

Charity

“Charity” means a body whose annual income is less than or equal to £1 million and is:

(a) in England and Wales, a charity as defined by section 1(1) of the Charities Act 2011;

(b) in Scotland, a charity as defined by section 106 of the Charities and Trustee Investment (Scotland) Act 2005;

(c) in Northern Ireland, a charity as defined by section 1(1) of the Charities Act (Northern Ireland) 2008.

Contents

Page Page

ContentsGeneral Terms and Condit ions Business Accounts

Page

Section General Information 1–41 – Important Information

Part 1 – Good Banking – What should You do if You have a Dispute relating to Your Account?

– Important information about compensation arrangements– Things You Should Know- How You can contact Us

Section Def init ions 5–71

Part 2

Section General Terms and Condit ions 7–451 - Opening an Account and Services on Your Account

Part 3 - Joint Accounts - Payments into Your Account - Cheque Payments into Your Account - Payments out of Your Account - Our Liability to You - Your Liability to Us (excluding cheque payments) - Using a Third Party Provider (TPP) to provide You

with Account Information Services - Refusing Payments or Stopping use of Your Card

or Services - Payments from Your Account - Cheque Book

Service - 24 Hour Telephone Banking and Business eBanking - Debit Card - Branch Service - Overdrafts - Fees and Service Charges - Interest on Your Account - Exchange Rates - Statements - Security - Closing the Account. - Package Agreements with Us - Dormant Accounts - Change of Personal Details

- Use of Your personal and business information - Notices and communication - Variation of these Terms and Conditions - General - Right of Set-of f - Governing Law - Payment Table

Section Special Terms and Condit ions 46–50 2 Business Current Accounts

– Danske Large Business– Danske Small Business– Danske Small Business Digital– Danske Charity Account– Danske Community Account– Danske Servicing Account Business– Danske Enterprise - Of fsale with ef fect from 1 February 2013– Danske Enterprise Plus - Of fsale with ef fect from 1 February 2013

Section INTENTIONALLY LEFT BLANK 513

Section Special Terms and Condit ions 52–554 Lodgement Serv ices

Section Special Terms and Condit ions 56–62 5 Business Sav ings Accounts

– Business Investment Account– Danske Fixed Term Deposit Account– Treasury Fixed Term Deposit

Section Special Terms and Condit ions 63–70 6 Mastercard Business Debit Card Section Special Terms and Condit ions 71–72

7 Automated Deposit Service

Section Special Terms and Condit ions 73–758 Danske 3D Secure

Section Special Terms and Condit ions 76–819 24 Hour Telephone Banking

Section Special Terms and Condit ions 82–105 10 Business eBanking and Digital Signature

– Part 1 – Business eBanking – General Description– Part 2 – Business eBanking – Security System– Part 3 – Contractual Aspects

Section Terms and Condit ions for SEPA 106–112Direct Debit Collection Serv ice,United Kingdom

Sect ion 1Part 1 : General informat ion

IMPORTANT INFORMATION ABOUT THESETERMS AND CONDITIONS AND HOW THEYAPPLY TO YOU

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate corporate opt-out notif ication provided toYou. To enable You to identify the Conditions thatapply dif ferently to You and to allow You to compareYour terms with those that apply to retail and smallbusiness customers, the Conditions that apply toYou which are dif ferent are shaded in grey, and thedif ferences explained. The grey shading is for easeof reference only, and is not intended to form partof this Agreement.

All Conditions that contain no shading apply to Youas stated.

If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are aCorporate Opt-out Customer the sectionscontained in grey shaded areas do not apply to Youand do not form part of Your Agreement with Us.

If You have any queries in relation to the CorporateOpt-out, please contact Us.

These General Terms andConditions are alsoavailable in Braille, in largeprint, on tape and on disk.Speak to a member of staf ffor details.These General Terms and Conditions are writtenand available only in English and We undertake tocommunicate with You in English.

Make sure You read and understand these GeneralTerms and Conditions and any Special Terms andConditions for Your Account or Service beforeopening an Account.

Good BankingWe comply with the FCA’s requirements to pay dueregard to customers’ interests and to treatcustomers fairly.

What should You do if You want a copy of YouragreementYou can request a copy of Your agreement at anytime by contacting Us in one of the ways set out inthis Part 1. We can provide this on paper, oralternative formats, free of charge.

1

General information

2

General information

If you are not happy with any part of our service,please ask us for a copy of our leaf let ‘Puttingthings right for you’ or v isit our website. We aim todeal with complaints in a way our customers aresatisf ied with.

If you have followed our published complaintprocedures and you disagree with the response wehave given, you may be able to refer the matter tothe Financial Ombudsman Service. Details areavailable from us or from www.f inancial-ombudsman.org.uk.

If you are a Corporate Opt-out Customer you willnot be able to complain to the FinancialOmbudsman Service. Further details are availablein our leaf let ‘Putting things right for you’.

You will also be able to contact the FinancialConduct Authority (FCA) or the Payment SystemsRegulator (PSR) if you think that we have brokenthe Payment Services Regulations 2017.

The FCA and the PSR will use this information toinform their regulatory activities. More informationcan be found athttps://www.psr.org.uk/sites/default/f iles/media/PDF/PSR-PSD2-approach-factsheet-Sep-2017.pdf

What should you do if you want to appealagainst a decision to refuse to grant you credit?As part of our commitment to the Better BusinessFinance initiative we operates a formal appealsprocess where an application for credit or f inancehas been declined. There will be occasions whenwe say ‘no’ to a credit application but where this isthe case then you can appeal the decision.

In general terms you will be eligible if yourbusiness turnover is £25million or less (or in thecase of a group of companies the group turnover is£25million or less).

An appeal must be raised by using the templatefound at the appeals section of the Better BusinessFinance website(betterbusinessf inance.co.uk/appeal) within 30days of the decline being advised to you. There arecases when the appeal will not be considered andyou can f ind more information on exclusions on theBetter Business Finance website.

The decision will initially be reviewed by anindividual who has not been involved with theoriginal application and decision. The process willalso be overviewed by an independent body whowill ensure that the appeals process has beenadhered to.

If You are declined for creditIf You apply for credit and We are unable to assistYou, in certain circumstances (e.g. where Youapplied for credit exceeding £1000) We will askYou if You want Us to refer You to one of the onlinef inance platforms designated by the Governmentwho may be able to f ind a suitable f inance providerthat would be willing to of fer You the f inance thatYou seek.

Sharing your information with designated creditreference agencies under The Small Business,Enterprise and Employment Act 2015 (“theAct”).The Act contains measures to improve access tosmall and medium sized business credit data.Under this legislation, We are required to sharecertain information (as detailed below) about Our

small or medium sized business customers withdesignated credit reference agencies.

For the purposes of the legislation, a business is asmall or medium sized business if it: · has an annual turnover of less than £25m · carries out commercial activ ities as its

principal activ ity · does not carry out regulated activities as its

principal activ ity · is not owned or controlled by a public

authority · has an address in the United Kingdom, and · is not part of a group which as a whole has

an annual turnover which is equal to orgreater than £25m

The credit reference agency can use theinformation that We provide to it in the followingways:· To comply with its obligations under the Act;· To develop and sell products and services to

help other Finance Providers (designated assuch under the Act) to assess whether toof fer a business any kind of f inance. This willinclude identity verif ication, anti-moneylaundering and fraud detection and generallyassessing credit worthiness; and

· To develop and sell Scores (i.e. a scoreprovided by a credit reference agency thatuses the credit data without revealing thatdata in raw or aggregated form) to TradeCredit Providers (i.e. a business thatprovides credit only by providing goods andservices before payment or part payment ismade) but only where the business customerto which the data relates has given thatTrade Credit Provider specif ic consent.

What should You do if You have a dispute relat ingto Your Account?

If You ask for a loan or current account then bydoing so, You agree that We will provide theinformation (set out below) to the designated creditreference agencies, without the need for anyfurther consent from You. Such information willcontinue to be provided monthly until You eithercease to be a small or medium sized business orYou cease to be Our customer.

1. Information relating to a loan made insterling (which includes asset f inancefacilities) to the business - (a) start date of loan agreement;(b) the date the loan is due to be fully repaid,

has been fully repaid or enters default;(c) amount of loan outstanding;(d) repayment period;(e) repayment frequency;(f) repayment amount;(g) number of missed payments;(h) details of any defaults and associated

satisfactions.2. Information relating to a current account

denominated in sterling and held in the nameof the business - (a) start date of the facility;(b) the date the facility closed (if applicable);(c) current balance;(d) minimum balance;(e) maximum balance;(f) average balance;(g) overdraft limit;(h) total value of all payments into the

account;(i) total value of debits withdrawn from the

account;(j) number of days in month where the

customer has exceeded its approvedlimit;

(k) number of cheques or direct debts thathave not been paid due to insuf f icientfunds.

3. Where any of the information described at 1or 2 above is provided - (a) business type indicator (e.g. limited

liability company or non-limited business);(b) business name and address;(c) company registration number (if

applicable);(d) telephone number;(e) VAT number (if applicable).

If You do not agree that We can provide thisinformation then You should not proceed to open acurrent account or a loan account (including anasset f inance facility).

Important information about compensationarrangementsWe are covered by the Financial ServicesCompensation Scheme (FSCS), the UK's depositguarantee scheme. The FSCS can paycompensation to depositors if a bank is unable tomeet its f inancial obligations.

Your eligible deposits with us are protected up to atotal of £85,000 by the FSCS. Any deposits youhold above the £85,000 limit are unlikely to becovered. Please see the FSCS Information Sheetand Exclusions List at www.danskebank.co.uk/fscs-business for moredetail.

Things You should knowWhen You open an account with Us Your accountagreement is with Northern Bank Limited,registered in Northern Ireland (registered number

R568) registered of f ice and head of f ice addressDonegall Square West, Belfast BT1 6JS. Youragreement with Us will be subject to the terms andconditions which We give You when You open anaccount.

Danske Bank is a trading name of Northern BankLimited which is authorised by the PrudentialRegulation Authority and regulated by the FinancialConduct Authority and the Prudential RegulationAuthority (Financial Services Register referencenumber 122261). We comply with the FCA'srequirements to pay due regard to customers’interests and to treat customers fairly. Details ofOur registration can be found atwww.fca.org.uk/register, or by contacting the FCAon 0800 1116768.

Northern Bank Limited is a member of the DanskeBank Group

Our main business is to provide f inancial servicesin the form of a bank and to provide associatedproducts and services, including PaymentServices.

Copies of these General Terms and Conditions –Business Accounts and any Special Terms andConditions which apply to an Account or Servicemay be accessed and viewed via Our Website andcan be printed out by clicking on the PRINT buttonon the appropriate page on Our Website.Alternatively, You can obtain a copy at any timefrom Your Branch or Your Account Manager.

Our VAT Number is GB853759092.

3

Definitions

General information

Days Time Contact number

Corporate and Business Centre Monday to Friday 8am to 8pm 0345 2668 899

Business Direct Monday to Friday 8am to 8pm 0345 2666 555

Saturday 9am to 4.30pm

Branch Monday to Friday 8am to 8pm 0345 8509 515 /

Saturday 9am to 4.30pm 028 9004 6015

Sunday 9am to 4.30pm 028 9004 6015

Business eBanking customer support

(technical enquiries and questions about how the service works) (see the notes below)

Customer Support Monday to Thursday 8am to 8pm 028 9031 1377

Friday 8am to 5pm (0044 28 9031

Saturday 9am to 5pm 1377 from outside

Sunday 9am to 8pm the UK)

24–hour emergency phone numbers

Lost or stolen cards

Mastercard Corporate Classic 0370 850 2489

From outside the UK 0044 2890 049204

Mastercard Corporate Platinum 0370 850 1068


Mastercard Business Debit Card 0370 850 2481


HOW YOU CAN CONTACT USYou can contact Us or arrange an appointment by:• phoning Us; or • writing to Us through Business eBanking or through Our website at www.danskebank.co.uk/business

Notes1. Support from branches, Corporate and Business Centres, Business Plus or Business eBanking customer support will not be available on Northern Ireland bank holidays or other holidays when the bank is not

open for business.2. We may record or monitor calls to conf irm details of our conversations, for your protection, to train our staf f and to maintain the quality of our service. Call charges may vary. Please contact your phone

company for details. Customers calling from mobile phones may be charged a dif ferent rate.3. Please note that the cost to call our Customer Services UK area codes on 0345 or 0370 within the UK is always the same as calling a local or national landline number.

Business eBanking, Danske Mobile and Tablet Business Apps may be temporarily unavailable when we are carrying out routine maintenance.

HOW TO CONTACT US BY PHONE (See notes 1, 2 and 3 below) HOW TO CONTACT US BY WRITING

Secure communication using Business eBanking or OurMobile/Tablet Business Apps

Our secure message functionallows you to read andsend messages to andfrom the bank.

• Log on to Business eBanking orYour App

• In Business eBanking select‘Contact and help’ then ‘CreateMessage’ or from your Appselect ‘Communication’ then‘Create Message’

• Type your message and selectsend

Secure communication using our website atwww.danskebank.co.uk/business

To send Us an email Go to www.danskebank.co.uk/email

By Post

Write to Danske Bank PO Box 2111 Belfast BT10 9EGor Your Account Manager orDanske BankDonegall Square WestBelfast BT1 6JS

4

5

Part 2: Def initions

“Account” means any business current or savingsaccount which You hold with Us and to which Wehave told You these General Terms and Conditionswill apply;“Account Information Serv ices” means servicesof the type described in Clauses 5.5.9 (a) (i) and 8; “Account Manager” means the manager in thebank who has been allocated responsibility formanaging Your Account with Us;“Account Number” means the combination of yoursix digit Sort Code and eight digit account numberwhich are used to identify Your Account. Thecombined fourteen digits appear on Your bankstatements and are referred to as Your AccountNumber;“Addit ional Cardholder” means any person Youhave asked Us to give a Card to so that they canuse the Account;“Agreement” means the agreement between Usand You relating to an Account which is covered bythese General Terms and Conditions and anySpecial Terms and Conditions for the Account.These General Terms and Conditions and anySpecial Terms and Conditions may be altered fromtime to time in accordance with Clause 26;“Arranged Excess Interest” means interest Youpay when You have an arranged excess inaccordance with Clause 14.4;“Arranged Overdraf t Interest" means interest Youpay when You have an arranged overdraft inaccordance with Clause 14.3;“Bacs” means the Bacs payment scheme used byUK Banks for the electronic processing of f inancialtransactions, principally Direct Debits and Bacsdirect credits;“Bacs Serv ice User ” means an entity sponsoredto use Bacs to submit payment information. A

Bacs Service User is bound by the Bacstel-IPServices Terms and Conditions;“Bacs Serv ice User Number” [also known asBacs Service User ID] means the unique numberallocated to a Bacs Service User;“BIC” means the Bank Identif ier Code, sometimesknown as the SWIFT Code. The BIC for YourAccount with Us is DABAGB2B;“Business Day” means a Monday, TuesdayWednesday, Thursday or Friday (excluding Bankand other holidays in Northern Ireland) when theBank is usually open for business; (there areexceptions to this def inition which apply in relationto some Services such as CHAPS and FPS) Furtherdetails are set out within the Def initions in thePayment Table. In relation to a PaymentTransaction, a Business Day means any day onwhich the Bank is open for business as required forthe execution of a Payment Transaction;“Card” means a Mastercard Business Debit Card;“Cardholder” means a person to whom the Bankissues the Card and includes any AdditionalCardholder;“CHAPS” means the CHAPS payments systemused by UK banks for the electronic processing ofsterling bank to bank same day value payments.Both the sending and the receiving f inancialinstitutions need to be members of the CHAPSScheme;“Cheque Clearing System” means, in respect of acheque paid into an account, the process by whicha Payee’s account is credited and a Payer’saccount is debited with the amount of a cheque, asreferred to in the Payment Table;“Corporate Opt-out Customer” means You whereYou are not a consumer, a micro-enterprise or acharity with an annual income of less than£1,000,000 (one million pounds sterling). Insummary, a micro-enterprise is an enterprise that

employs fewer than ten people and whose annualturnover and/or annual balance sheet total doesnot exceed €2million. Full details of the def initioncan be found in the Commission Recommendation2003/361/EC;“Credit Interest” means the amount of interestthat We will pay You;“Customer Agreement” means the agreementbetween Us and You relating to a Package;“Cut-of f Time” means a time [as set out in thePayment Table], usually towards the end of theBusiness Day, after which any payment orderreceived [whether to credit or debit Your Account]will be deemed to have been received on thefollowing Business Day. The Cut-of f Time for anypayment order received at a branch counter willalways be before the branch closing time on thatBusiness Day. On Christmas Eve (or the lastBusiness Day before 25th December) the Cut-of ftime for standing order, cheque, direct debit andfuture dated payments out of your account is11.30am;“Debit Interest” means the amount of interest(whether Arranged Overdraft Interest, ArrangedExcess Interest, Surcharge Interest or UnarrangedOverdraft Interest) that You owe Us;“Direct Debit” means an instruction from Youauthorising an organisation to collect varyingamounts from Your Account so long as You havebeen given advance notice of the collection amountand dates by the organisation. Direct Debits areonly available for Domestic Payments;"Dig ital Signature" has the same meaning asElectronic Signature;“Domestic Electronic Payment” means a sterlingpayment which is made and received in the UnitedKingdom;“Electronic Payment” means a payment which isinitiated and processed using electronic means

Definitions

and specif ically excludes paper based transactionssuch as cheques and banker’s drafts;“Electronic Signature” means the DigitalSignature consisting of a User ID, a PersonalSecurity Password and Security Code which isdef ined in the ‘Special Terms and Conditions forBusiness eBanking and Digital Signature’;“Entry Date” means either the date that a chequeor other item paid into Your Account appears on it,or the date You ask Us to make a payment fromYour Account. (In both instances, it is the date thatWe consider ourselves to have received Yourpayment instruction);“Faster Payments Serv ice” or “FPS” means thepayments service in the UK which enablespayments to be processed in near real time. Boththe sending and receiving f inancial institution needto be members of the FPS Scheme and certainf inancial limits apply;“FCA” means the Financial Conduct Authority;“Foreign Payment” means a payment which ismade within the UK in a currency other thansterling, or a payment [in any currency] which ismade to or from a bank which is not in the UK;“Guaranteed Date” means the date after which itwill no longer be possible for a cheque or otheritem paid into Your Account to be returned unpaid,unless You give Your consent as the Payee, for thisor You are knowingly involved in fraud;“IBAN” means International Bank AccountNumber. The IBAN for Your Account with DanskeBank is stated on Your statements and is alsoavailable by contacting Your Branch;“Internal Transfer” means a transfer of moneyfrom an Account You hold with Us to anotherAccount that You hold with Us;“LIBOR” means the daily 3 month ‘ICE LIBOR(formerly known as BBA LIBOR)’ as provided by‘ICE Benchmark Administration’. as published by

Thompson Reuters before 12 noon;“Mandate” means the document completed by Youin order to give a person (whether an AccountHolder or not) access to an Account;“Open Banking APIs” means the ApplicationProgramming Interfaces used by Open BankingLimited to share customer information securely;“Originator” means the merchant, supplier orvendor who initiates a Direct Debit paymentrequest;“Overdraf t” means a facility that allows You tospend more money from Your Account than Youhave in it;“Package” means a combination of an Account andcertain other banking products or Services forbusiness customers as selected by You andreferred to in Your Customer Agreement;“Payee” means the person to whom a paymentsuch as a cheque is made payable or the owner ofan account to which a payment is to be credited[whichever applies];“Payer” means the owner of an account from whicha payment is to be debited;“Payment Init iat ion Serv ices” means services ofthe type described in Clause 5.5.9 (a) (ii) “Payment Serv ices” means such Services as Weprovide in relation to payments into and out of YourAccount;“Payment Serv ices Regulations” means thePayment Services Regulations 2017 [SI2017/751] as amended from time to time;“Payment Table” means the table set out at theend of Part 3 of these General Terms andConditions;“Personalised Security Credentials” means thepersonalised features provided by Us (such asYour PIN, Personal Password, Electronic Signature)to enable You to authenticate Yourself for thepurposes of accessing Your Account;

“PIN” means the conf idential personalidentif ication number that We give You to enableYou to access Your Account or Service such as useof a Card;“PSR" and "Payment Systems Regulator" meansthe Payment Systems Regulator;“Screen-scraping” means a computer basedprogramme which copies data from Your computer,such as the information on Your eBanking screens,and translates it so that the information can bedisplayed to You in a dif ferent format;“Serv ice” and “Serv ices” means any servicewhich is available on Your Account (includingPayment Services) such as allowing You to accessand/or operate Your Account through Our 24 HourTelephone Banking or Business eBanking services,or allowing You to borrow on Your Account bymeans of an Overdraft;“Sort Code” means the six digit number which isused to identify Your Bank Branch for DomesticPayments;“Standing Order” means an instruction to makespecif ied payment(s) from Your Account on aspecif ied date(s);“Strong Customer Authentication” meansauthentication based on two or more elements thatare independent. The elements are (a) somethingthat You know (b) something that You possess and(c) something that is inherent to You. A fulldef inition is set out in the Payment ServicesRegulations;“Surcharge Interest “ means interest You paywhen You exceed an arranged overdraft orarranged excess as set out in Clause 14.5;“Third Party Prov ider” ("TPP") means anindependent provider of services which can of ferAccount Information Services or PaymentInitiation Services to You;

6

General Terms and Conditions - Business Accounts

7

"Unarranged Overdraf t Interest" means interestYou pay when You do not have an arrangedoverdraft or arranged excess in accordance withClause 14.6;“Value Date” means the date by which We takeaccount of any item paid into Your Account, or anyitem paid out of Your Account, when We work outany relevant interest;“We”, “Us”, “Our” or “the Bank” means NorthernBank Limited having its registered of f ice addressat Donegall Square West Belfast (registerednumber R568). Danske Bank is a trading name forNorthern Bank Limited;“Website” means www.danskebank.co.uk;“Withdrawal Date” means the date by which (bythe start of branch banking hours) You will be ableto withdraw the proceeds of a cheque or otherpayment into Your Account, as referred to in thePayment Table;“You”, “Your” or “Account Holder” means theperson or persons who has or have opened anAccount with Us subject to these Terms andConditions. Where this comprises more than oneperson, these Terms and Conditions will apply tosuch persons jointly and severally as referred to inClause 2;“Your Branch” means the branch at which theAccount is held. The address of Your Branch will beprovided to You when You open Your Account, andon request at any time. If You wish to contact Yourbranch then You should write to Danske Bank POBox 2111 Belfast BT10 9EG.

Part 3: General Terms and Condit ions- Business Accounts

These General Terms and Conditions apply to allAccounts and any Service connected with YourAccount. Any additional Special Terms andConditions applicable to a particular Account orService must be read along with these GeneralTerms and Conditions. Where any Special Termsand Conditions are not consistent with theseGeneral Terms and Conditions then those SpecialTerms and Conditions shall apply to the extent ofthat inconsistency.

This Agreement will continue in full force andef fect until the Account is closed in accordancewith the provisions of this Agreement.

1. Opening an Account and Serv ices on YourAccount

1.1 You may apply to open an Account with Usprovided that the Account is available to newapplicants. The Special Terms and Conditionsfor the Account will set out any particularrequirements that apply to the Account. TheAccount will be operated in sterling unlessthe Special Terms and Conditions stateotherwise.

1.2 The Account is not a personal account andcannot be used as such. It is only available tobusiness customers including sole traders,partnerships, clubs, associations, charities,churches, trusts, societies, limitedcompanies, unlimited companies, limitedpartnerships and limited liabilitypartnerships who are running a designatedbusiness.

1.3 Unless specif ically agreed in writing with Us,if You are a sole trader You should normally

be 18 years of age or older to open anAccount. In the case of partnerships, theyoungest partner should normally be 18years of age or older to open an Account.

1.4 Before You can open an Account with Us Youmust provide satisfactory evidence of Yourname and address. We can also take upreferences, if appropriate. You must alsoconf irm that You have received a copy of Ourleaf let ‘How we use your personal andbusiness information’.

1.5 If required by law or good practice, We candecline an application (without payinginterest in respect of any proposed deposit),or end this Agreement at any time, payinginterest earned (if any). Any capital orinterest due to You can be paid by chequedrawn by the Bank and payable to You andsent to You at the address last known to YourBranch.

1.6 The Bank, in its discretion, provides a rangeof Services on Your Account. Not allServices are available on all Accounts. AService is available on Your Account unlessthese General Terms and Conditions or theSpecial Terms and Conditions for YourAccount indicate otherwise. We can in Ourdiscretion introduce a new Service subjectto such fees and Service charges as We maydecide. Details of any such Service will bedisplayed in Your Branch and on OurWebsite.

2. Joint Accounts2.1 You should only open a joint Account if You

and the other joint Account Holdersunderstand the commitments You areentering into. Each joint Account Holder isseparately responsible, and together You are


jointly responsible, for all the debt on thejoint Account. This is the case even if onlyone of You has put money into the Account orif only one of You has taken money out of theAccount. Similarly, all joint Account Holdersare jointly and individually responsible forany Overdraft, whether or not it is anarranged Overdraft or an unarrangedOverdraft. This is known as ‘joint and severalliability’. Clause 28 deals with Our right ofset-of f.

2.2 Subject to Clause 2.3, the Account can beconducted in joint names and You canrequest that We accept the instruction ofonly one of You to operate the Account. Thismeans that each one of You can withdraw allthe funds without reference to the other.

2.3 If the Account is part of a Package and is inthe name of more than one person, We willrequire the Mandate to conf irm that We canaccept the instruction of any Account Holderto operate the Account.

2.4 If the Account is in the name of more thanone person, then in the event of the death ofone of You or any other change in thearrangements between You, You will need tocontact Your Branch or Your AccountManager to discuss the operation of theAccount. We will contact the survivingAccount Holder(s) to discuss whatarrangements are required in relation to thecontinued operation of the Account. If theAccount is overdrawn, all Account Holdersand the estate of the Account Holder whohas died are jointly and individuallyresponsible for the debt.

2.5 If one of the joint Account Holders becomesbankrupt, We will stop the account. It willthen be under the joint control of the other

Account Holders and the person who isresponsible for dealing with the bankruptAccount Holder’s assets.

2.6 If We believe that one of the joint AccountHolders is no longer mentally capable ofmanaging their af fairs, We will stop the jointAccount. The Account can only be usedagain as set out in the instructions from aperson appointed by the court to managethat person’s af fairs, and the other jointAccount Holders.

2.7 If We receive notice, or We become awarethat there is a disagreement between thejoint Account Holders (for example, there is adispute about the joint Account or betweenthe joint Account Holders), We will stop theAccount until all the joint Account Holdershave told Us how they want the Account tobe used in the future.

2.8 If the Account is in the name of more thanone person, any Account Holder canterminate the Mandate but all AccountHolders must agree to any variation of theMandate. On the written request of any oneAccount Holder, We will request the returnof any Cards and chequebooks.

2.9 If the Mandate ceases to be ef fective for anyreason, We shall remain entitled to honourany payment instructions and to chargethese to the Account and You shall be liablefor any transactions or withdrawals (andassociated costs, service charges andexpenses) made or authorised under theMandate. It is Your responsibility to ensurethat all cheques, Cards and other relevantitems are returned to Us as soon as theMandate ceases.

2.10 If You have a joint Account We may send allinformation about Your Account to the

address of the person whose name appearsf irst in Our records for Your Account. Youmust tell Us if You wish to receive anyinformation or correspondence separately.

2.11 All joint Account Holders should take stepsto check joint Account statements that showtransactions and the Account balance. Youmust not leave this to only one, or some, ofthe other Account Holders. By reviewing andmonitoring all the payments to and from theAccount, all joint Account Holders can makesure that the Account is being used in thecorrect way.

3. Payments into Your Account Subject to these General Terms and

Conditions and to any Special Terms andConditions for Your Account, payments canbe made into Your Account by You orsomeone else using any of the means set outin Clause 3.3. Each of the Services set out inClause 3.3 will be available with YourAccount unless the Special Terms andConditions for Your Account state otherwise.

The terms and conditions set out in thisClause 3 will only apply to (1) a paymenttransaction which takes place wholly withinthe EEA and in an EEA currency and (2)those parts of any payment transactionwhich take place within the EEA where eitherof the following applies:(a) both the Payer and the Payee are in the

EEA but the currency of the transaction isnot an EEA currency; or

(b) either, but not both, the Payer and thePayee is in the EEA (irrespective of whatcurrency the transaction is in).

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3.1 Payments into Your Account – timescalesthat apply

Part 1 of the Payment Table sets out thetimings that will normally apply to paymentsmade into Your Account. You should be awarethat the Payment Table is subject to variousassumptions as referred to therein. The dateof receipt of a payment into Your Account willbe the Entry Date as set out in the PaymentTable. Payments into Your Account receivedafter the Cut-of f time may be credited on thefollowing Business Day and the time periodsreferred to in the Payment Table will becalculated accordingly.

3.2 Fees and Service Charges Where You ask Us to make a payment into

Your Account then fees and service chargesmay apply as set out in Our ‘Fees and servicecharges explained’ and ‘Fees and servicecharges explained - foreign payments’leaf lets.

3.3 Payments into your account – Servicesavailable.

In relation to each of the Services set outbelow it is Your responsibility to ensure thatthe information which We are provided within order to make the payment is accurate.With the exception of a cheque payment intoYour Account, We will be liable only for theexecution of the payment request inaccordance with the Sort Code and AccountNumber for the Payee or, where applicable,the BIC and IBAN for the Payee (the BIC isnot required for Euro payments to EEAcountries) which has been provided to Uswith the payment, irrespective of any otherinformation that may have provided to Uswith the payment request. It is veryimportant that the Payer checks this

information carefully before authorising thepayment. Further information on Our liabilityis set out in Clause 6.

We may refuse to make a payment into YourAccount where You have not provided Uswith the information that We require orwhere it is reasonable for Us to refuse tomake the payment. We will, where possible,notify You if we refuse to make a paymentinto Your Account and advise You of Ourreasons.

3.3.1 Cash Payments into Your Account(a) Cash in the form of sterling notes and

sterling coins can be paid into YourAccount. We may set limits on theamount of cash that You can pay into YourAccount. You can pay cash into YourAccount in one of the following ways:(i) by using the Lodgement Services

(which include the Night SafeLodgement Service and the ExpressLodgement Service) - the terms andconditions for that Service willapply;

(ii) by using an Automated Depositmachine in one of Our Branches -the Special terms and conditions -Automated Deposit Service willapply;

(iii) by using the Post Of f ice® - You may pay cash, in the form ofsterling notes or sterling coins, intoYour Account at Post Of f ice®branches in the UK using a validCard for the Account that You wishto credit. We will use the detailsfrom the Card to identify the SortCode and Account Number of theAccount to be credited. You may

deposit up to £20,000 in sterlingnotes and up to £250 in sterlingcoins in a single deposit(restrictions may apply in some PostOf f ice® branches – ask Us forfurther details). All sterling notesmust be sorted by denominationbefore being presented and allsterling coin must be sorted bydenomination and presented in fullbags. You will be provided with aprinted acknowledgement by thePost Of f ice® on completion of thelodgement which You should retainfor Your own records. (Cash depositsmade to Your Account at a PostOf f ice® branch will be value datedand made available to Youimmediately. Although Your availablebalance will be adjusted immediatelythe Entry Date on Your statementwill be the next Business Day. Pleaserefer to the Payment Table forfurther details).

(iv) by using one of Our Branches – Youcan pay in sterling notes and coinsinto Your Account. We may set limitson the amount of cash that You canpay in over the counter at one of OurBranches. We may also agree toaccept payments into Your Accountat one of Our Branches in a currencyother than sterling. If We do so Wewill use the Danske Bank ExchangeRate (UK) in accordance with Clause17. We will advise You of the ratebefore We convert the foreigncurrency into sterling.


(b) In order to make a cash payment intoYour Account You must ensure that Weare provided with the correct Sort Codeand Account Number or; where applicablethe BIC and IBAN for Your Account or; forpayments into Your Account using YourCard the details from the Card -otherwise the payment may be paid intothe wrong account.

(c) You give Your consent for the payment tobe made into Your Account when Wereceive a request to make a cashlodgement to Your Account in one of theways set out at (a) above. If You wish towithdraw your consent to a payment thathas been made into Your Account thenYou should contact Your Branch andprovide Us with such further informationas We may request.

3.3.2 Cheque Payments into Your Account Please refer to Clause 4 for the terms and

conditions that apply.3.3.3 Domestic Electronic Payments

(a) A Domestic Electronic Payment is apayment which has been received fromanother UK Bank using the FasterPayments Service, CHAPS or Bacs.Domestic Electronic Payments can bepaid by way of credit transfer, StandingOrder or Direct Debit.

(b) In order to make a Domestic ElectronicPayment into Your Account You mustensure that We are provided with thecorrect Sort Code and Account Number,or where applicable, the BIC and IBAN forYour Account otherwise the payment maybe paid into the wrong account.

(c) You give Your consent for the payment tobe made into Your Account when We

receive a valid request, through FasterPayments Service or Bacs to credit YourAccount. If You wish to withdraw yourconsent to a payment that has been madeinto Your Account in this way then Youshould contact Your Branch and provideUs with such further information as Wemay request. You are reminded that if Youreceive a payment by mistake then Youare legally obliged to inform Us so thatWe can take the necessary steps toreturn the funds to the Payer.

3.3.4 Foreign Payments into Your Account(a) A Foreign Payment is an Electronic

Payment into Your Account which is not insterling or which has been paid into YourAccount from a bank which is not in theUK. Such payments may be received byUs through various payment systems forexample, Swift. We will convert thepayment to sterling before We credit it toYour Account using the Danske BankExchange Rate (UK) for the relevantcurrency. Fees and service charges mayapply as set out in Our ‘Fees and servicecharges explained – foreign payments’leaf let.

(b) In order to make a Foreign Payment intoYour Account You must ensure that Weare provided with the correct Sort Codeand Account Number, or whereapplicable, the BIC and IBAN for YourAccount otherwise the payment may bepaid into the wrong account.

(c) You give Your consent for the payment tobe made into Your Account when Wereceive a valid request, through therelevant payment system to credit YourAccount. If You wish to withdraw your

consent to a payment that has been madeinto Your Account in this way then Youshould contact Your Branch and provideUs with such further information as Wemay request. You are reminded that if Youreceive a payment by mistake then Youare legally obliged to inform Us so thatWe can take the necessary steps toreturn the funds to the Payer.

3.3.5 Internal Transfers(a An Internal Transfer is an Electronic

Payment into Your Account which hasbeen made from another Account heldwith Us – whether in Your name or thename of someone else.

b) In order to make an Internal Transfer intoYour Account You must ensure that Weare provided with the correct Sort Codeand Account Number for Your Accountotherwise the payment may be paid intothe wrong account.

(c) You give Your consent for the payment tobe made into Your Account when Wereceive a valid request, through Ourinternal systems to credit Your Account.If You wish to withdraw Your consent to apayment that has been made into YourAccount in this way then You shouldcontact Your Branch and provide Us withsuch further information as We mayrequest. You are reminded that if Youreceive a payment by mistake then Youare legally obliged to inform Us so thatWe can take the necessary steps toreturn the funds to the Payer.

3.3.6 Card Payments into Your Account

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Please refer to the Special Terms andConditions – Mastercard Business DebitCard.

4. Cheque Payments into Your Account4.1 Sterling Cheques drawn on a United Kingdom

(UK) Bank(a) A sterling cheque drawn on a bank in the

UK may be paid into Your Account. Whenthis applies, You agree that We will dealwith that cheque subject to the rules andclearing processes of any cheque clearingsystem(s) (the ‘Cheque Clearing System’)that We use. The cheque will beprocessed in accordance with thetimelines set out in the relevant sectionof Part 1 of the Payment Table. A chequecan be processed using the paperclearing process (“the Paper ClearingProcess”) or using the image clearingprocess (“the Image Clearing Process”).You will not necessarily know whichprocess will apply when You lodge acheque to Your Account since this willdepend upon which process is used byUs, any collecting bank and the Payer’sbank at the time when the cheque ispresented. It is envisaged that more andmore cheques will be processed using theImage Clearing Process and thateventually (by the end of 2018) allsterling cheques drawn on a UK bank willbe processed using the Image ClearingProcess.

(b) When You lodge a cheque to YourAccount and the Image Clearing Processis used You agree that once the chequehas been presented for payment, theoriginal cheque will be destroyed within

three Business Days. Where the chequeis returned unpaid, You have a right toreceive an image of the cheque togetherwith a notice setting out the reason whythe cheque has not been paid. The reasonwill no longer be notated on the originalcheque or on the image of the cheque, butwill be recorded within the ChequeClearing System. This means that acheque cannot be paid twice. We can alsosupply You with a certif ied image of thecheque subject to the payment of therelevant fees and service charges set outin Our ‘Fees and service chargesexplained’ leaf let. We agree that theimage of the cheque will be created andproduced in compliance with the rules ofthe Cheque Clearing System. You can askUs for a copy of the rules of the ChequeClearing System. You agree that, providedWe can give You an image of the cheque,as set out in this clause, We will not beresponsible to You if You suf fer any lossas a result of the original cheque havingbeen destroyed.

(c) Where You have received a notice that acheque You have lodged to Your Accounthas been returned unpaid, the notice willalso inform You whether or not thecheque can be re-presented for payment.The notice will be sent to You by f irstclass post to the address that We holdfor You on Our records or by such othermeans as We may deem appropriate. Ifthe Image Clearing Process has beenused the notice that We send You willinclude an image of the cheque. If thePaper Clearing Process is used thenotice will include the original cheque and

the reason why the cheque has not beenpaid will be written on the cheque.

(d) Sterling cheques drawn on a UK Bank maybe paid into Your Account at most PostOf f ice® branches in Northern Ireland(see our Website for details of anyrestrictions on this service).To use this service You must place thecheque(s) together with a completedpreprinted Bank Giro Credit into a depositenvelope which is specif ically brandedwith the Danske Bank logo and the PostOf f ice® logo for this purpose. You mustfollow the instructions which are detailedon the envelope and then give the sealedenvelope to a Post Of f ice® teller who willissue You with a printedacknowledgement which You should keepfor Your own records. This service cannotbe used to make a special presentation ofa cheque for payment. If You use thisservice to make a deposit to YourAccount before the Cut-of f time whichapplies in the Post Of f ice® branch whereYou make the deposit then We willreceive the envelope on the next BusinessDay and that will be the Entry Date whichappears on Your statement. Furtherdetails are set out in the Payment Table. Ifthere is a discrepancy between theamount entered on the Bank Giro Creditslip and the amount found in the envelopeor there is any other reason why Wecannot process the lodgement We willcontact You, where possible, to adviseYou.

(e) If You pay a cheque into Your Account andlodge the cheque at a branch of the Bank,You can ask for the cheque to be specially


cheque, (calculated at the Danske BankExchange Rate (UK) for the relevantcurrency in accordance with Clause 17)being credited to the Account on the dayof receipt. After the Value Date thedrawee bank may still return the chequeunpaid. If this happens We will debit YourAccount with the amount of the chequeand advise You accordingly.

4.4 General provisions about cheques (a) If a cheque made payable to another

person is paid into Your Account, theother person should sign the cheque onthe back. We may also require furtherdetails to conf irm Your right to thecheque before accepting it for credit toYour Account and may decline to acceptit. If, for example, the cheque is crossed‘Account Payee’ or ‘Not Transferable’, Wecan only credit it to the Account of thePayee.

(b) We may, at Our discretion, request thatcheques (including sterling chequesdrawn on a bank outside the UK and non-sterling cheques) are sent for collection.If a cheque is sent for collection then itdoes not go through the Clearing Cycleand the Value Date will be the date thatthe proceeds are received from thedrawer’s bank. The funds will be creditedto Your Account on the Value Date andthe Withdrawal Date and GuaranteedDate will also be the same as the ValueDate. The collection process can takeseveral weeks and is dependent upon thetime taken by the paying bank to processthe request.

presented, rather than sent through theCheque Clearing System. This means thatthe cheque will be sent directly to thebranch of the bank that it was drawn onto conf irm that they will pay it. A cheque(including for the avoidance of doubt acheque presented for payment at thebranch of the Bank on which it wasdrawn) will only be treated as speciallypresented if You have made it clear to thecashier at the time You pay the chequeinto Your Account that You wish thecheque to be specially presented and Youhave paid the appropriate fee. Where acheque is specially presented the originalcheque will not be destroyed and theprovisions of the 4.1 (a) to 4.1 (d) abovewill not apply.

4.2 Sterling Cheques drawn on a non UK BankA sterling cheque drawn on a bankoutside the UK may be paid into YourAccount. Such a cheque may not be ableto go through the Clearing Cycle and maytake longer to be cleared.

4.3 Non-Sterling Cheques A non-sterling cheque may be paid intoYour Account. If this applies, We willpurchase the cheque in order to give Youthe sterling equivalent. The followingValue Dates will apply:

(i) Euro cheques drawn on a bank in theRepublic of Ireland will receive valuethree Business Days after the date ofpurchase by Us;

(ii) all other non-sterling cheques and Eurocheques drawn on banks in the UK willreceive value six Business Days after thedate of purchase by Us. Your statementwill show the sterling equivalent of the

5. Payments out of Your Account Subject to these General Terms and

Conditions and to any Special Terms andConditions for Your Account, payments out ofYour Account can be made by You orsomeone authorised by You (in accordancewith a Mandate) using any of the Servicesset out in Clause 5.5. Each of the Servicesset out in Clause 5.5 will be available withYour Account unless the Special Terms andConditions for Your Account state otherwise.

The terms and conditions set out in thisClause 5 will only apply to (1) a paymenttransaction which takes place wholly withinthe EEA and in an EEA currency and (2)those parts of any payment transactionwhich take place within the EEA where eitherof the following applies:(a) both the Payer and the Payee are in the



5.1 Payments out of Your Account – insuf f icientfunds

In relation to each of these Services if You donot have suf f icient cleared funds in YourAccount or a suf f icient overdraft in YourAccount, by the Cut-of f time set out in thePayment Table on the day that an item is dueto be paid You cannot be sure that thepayment will be made. We will check thebalance on Your Account up until the Cut-of ftime on the day that the payment is due to bemade. If there are suf f icient funds in YourAccount when We check the balance We willpay the item.

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Further information on the fees and servicecharges and interest rate that applies whenYou have insuf f icient funds in Your Accountto pay an item that has been presented canbe found in Our ‘Fees and service chargesexplained’ and ‘Interest rate’ leaf lets.

5.2 Payments out of Your Account – timescalesand Spending Limits that apply

Part 2 of the Payment Table sets out thetimings that will normally apply to paymentsmade out of Your Account. You should beaware that the Payment Table is subject tovarious assumptions as referred to therein.We reserve the right to restrict the amountthat You can withdraw from Your Accountdepending on the Service that You are using.

Spending Limits (such as a limit on theamount of cash You can withdraw from acash machine per day) are set out in thePayment Table. We will give You reasonablenotice of any changes to the Spending Limitswhere it is possible to do so. You can viewthe current Spending Limits atwww.danskebank.co.uk/busdocs by clickingon the Payment Table.

5.3 Fees and Service Charges Where You ask Us to make a payment out of

Your Account then fees and service chargesmay apply as set out in Our ‘Fees and servicecharges explained’ and ‘Fees and servicecharges explained - foreign payments’leaf lets.

5.4 Granting someone else authority to makepayments out of Your Account

5.4.1 You may grant someone else authority tomake payments out of Your Account. We callthis authority a Mandate. Where You havegiven someone else a Mandate then We willact on their instructions. There are dif ferent

types of Mandate as set out in Clauses 5.4.2– 5.4.6.

5.4.2 You can give someone a Mandate to accessYour Account by using Services available atOur Branch counters or to sign cheques onYour Account.

5.4.3 You can authorise someone to access YourAccount using Our 24 Hour TelephoneBanking Service and We will issue them withthe Telephone Banking Security Informationto enable them to access Your Account usingOur 24 Hour Telephone Banking Service.

5.4.4 You can authorise someone to access YourAccount using a Mastercard on YourAccount. We will issue them with aMastercard Business Debit Card which willhave the name of the person You haveauthorised on it and We will issue thatperson with a PIN. They can access YourAccount using the Card and PIN.

5.4.5 (i) You can authorise someone to accessYour Account using Business eBanking.We call the person who You haveauthorised an Authorised User. We willgive the Authorised User a DigitalSignature to access Your Account. TheUser Authorisation will set out any limitsthat apply to the Authorised User'saccess to Your Accounts.

(ii) An Authorised User will not be able toaccess Your Account using the servicesof a TPP which uses the Open BankingAPIs, unless You tell Us that You wantthat Authorised User to be able to accessYour Account in this way. We cannotprevent an Authorised User fromaccessing Your Account using theservices of a TPP that uses Screen-scraping techniques. Further information


is set out in Clause 5.5.9 (d).5.4.6 The person that You have authorised to

access Your Account using one of themeans set out in this Clause 5.4 can giveYour consent to make a payment out ofYour Account and We will treat that in thesame way as if You had given the consentYourself. We will treat any such consent asvalid and irrevocable once it has beengiven.

5.4.7 You can ask Us to terminate a Mandatethat You have given to someone else andWe will comply with that instruction. Youmust contact Us in one of the ways set outin Section 1 Part 1 of these General Termsand Conditions - “How You can contact Us.”

5.5 Payments out of your account – Servicesavailable.

In relation to each of the Services set outbelow it is Your responsibility to ensurethat the information which You provide toUs in order to make the payment isaccurate. With the exception of a chequepayment out of Your Account, We will beliable only for the execution of the paymentrequest in accordance with the Sort Codeand Account number for the Payee or,where applicable, the BIC and IBAN for thePayee (the BIC is not required for Europayments to EEA countries) which Youhave provided to Us, irrespective of anyother information that You may haveprovided to Us. It is very important thatYou check this information carefully beforeauthorising the payment. Furtherinformation on Our liability is set out inClause 6.

5.5.1 Direct Debits(a) A Direct Debit is an instruction from You

to Us conf irming that We may pay moneyout of Your Account to a specif ied thirdparty (the ‘Originator’). It authorises theOriginator to collect varying amountsfrom Your Account. You can only set upsterling Direct Debits from Your Accountwith Us.Direct Debits are protected by the DirectDebit Guarantee Scheme. If an error ismade in the payment of Your Direct Debit,by the Originator or by Us, You areentitled to a full and immediate refund ofthe amount paid from Your Account. If Youreceive a refund You are not entitled to,You must pay it back when We ask You to.Further details about the Direct DebitGuarantee Scheme can be found atwww.directdebit.co.uk

(b) In order to set up a Direct Debit on YourAccount the Originator must provide Uswith a completed Direct Debit Instructionwhich should include the Sort Code andAccount Number for the Account whichYou want Us to debit and the Sort Codeand Account Number of the account towhich the funds are to be transferred.Sometimes the Originator will alsorequire You to provide a meaningfulreference so that the Originator canidentify Your payment.

(c) You provide Your consent by completingthe Direct Debit Instruction. TheOriginator may ask You to sign theInstruction or may collect Your consent insome other way. If You want to withdrawYour consent then You should contactYour Branch and We will make no further

payments under the Direct DebitInstruction. You should contact Us beforethe close of business on the day beforethe next payment is due to be made fromYour Account. You cannot withdraw Yourconsent to a payment which has alreadybeen debited to your Account.

5.5.2 Standing Orders(a) A Standing Order is an instruction to Us

to make specif ied payments from YourAccount on specif ied dates. You can onlymake a sterling Standing Order paymentfrom Your Account to an account heldwith another Bank in the United Kingdomor a Foreign Currency Standing order asset out below.There are dif ferent types of StandingOrder:(i) Internal Standing Order to service a

loan account with UsIf You make a payment by internalStanding Order to a loan accountwith Us, the date that We take theloan repayment will be the date thatthe loan repayment is due to be paid.This date will be set out in Your loanagreement. If You do not havesuf f icient cleared funds in YourAccount, or a suf f icient overdraft onthe due date then We will continueto check Your Account for a further4 Business Days. If at the time thatWe check Your Account balanceduring that period, there aresuf f icient funds in Your Account tomake the payments We will debitYour Account and make therepayment to Your loan account. Wewill treat the date and time that

there are suf f icient funds in YourAccount to make the payment as thetime of receipt of Your instruction. If,during the 4 Business Days after thedue date for Your loan repayments,We have not been able to make thepayments, We will contact You toadvise You that the payment has notbeen made. You should always makesure that there are suf f icient fundsin Your Account to make Yourregular loan repayments in the duedate as set out in Your agreement.Any delay in making Your regularloan repayment will result in Youhaving to pay more interest on thatloan account.

(ii) Internal Standing Order - which isnot to service a loan account withUsThe payment will leave Your Accounton the date You have specif ied (orthe next Business Day, if the dateYou have specif ied does not fall on aBusiness Day) and will be credited tothe Payee’s account on the sameday.

(iii) External Standing OrderIn this case the Payee’s account isheld with another Bank in the UnitedKingdom. The payment will leaveYour Account on the date You havespecif ied (or the next Business Day,if the date You have specif ied doesnot fall on a Business Day) andarrive in the Payee’s bank’s accounton the same day.

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(iv) Foreign Currency Standing OrderYou can set up a Standing Order tomake a payment to a foreign bankaccount. The payment will leave YourAccount on the date specif ied (orthe next Business Day if the date Youhave specif ied is not a BusinessDay). If the payment is to be made ina currency which is not the samecurrency as Your Account then Wewill convert the payment before it issent using the Danske BankExchange Rate (UK). The paymentwill be credited to the Payee’sAccount as set out in the PaymentTable.

(b) In order to set up a Standing Order onYour Account You should complete aStanding Order instruction formcontaining the following information:(i) the name of the Payee;(ii) the Sort Code and Account Number

of the account to which the fundsare being transferred (or the PayeesBIC and/or IBAN if the payment isbeing sent outside of the UK);

(iii) the Sort Code and Account Numberof the account from which the fundsshould be sent; and

(iv) Any other information that We mayrequire from You in order to enableUs to make the payment (such as thef irst payment date and the lastpayment date).

You can complete a Standing Orderinstruction by visiting Your Branch,telephoning Us or in Business eBanking.

(c) You provide Your consent by signing theStanding Order instruction form, or by

telephoning Us and giving Us a verbalinstruction after We have conf irmed Youridentity, or by using Your ElectronicSignature in Business eBanking.If We are advised of a change of SortCode and/or Account Number for abenef iciary named in a Standing Order(such change being advised to Us throughStanding Order File Amendment), We willmake these changes to the StandingOrder instruction with Us and Youconsent to Us making these changes.You can withdraw consent by contactingYour Branch, or by contacting Us in one ofthe ways set out in “How You can contactUs”. Some Standing Orders may also becancelled via Business eBanking. Youcannot withdraw Your consent to theStanding Order after the close ofbusiness on the Business Day before thenext payment is due to be paid (unlessYou, and We agree otherwise).

5.5.3 Cash Payments(a) You can withdraw cash from Your Account

in a number of ways. If You withdraw Cashusing Your Debit Card, for example at aPost Of f ice® or at a cash machine, thenthe Special Terms and Conditions –Mastercard Business Debit Card willapply. You can also withdraw cash fromYour Account at any of Our Branches asset out below. You can also ask Us toissue You with a banker’s draft instead ofcash.

(b) In order to make a cash withdrawal orrequest a banker’s draft at one of OurBranches You will need to conf irm Youridentity using a means that is acceptableto Us, quote the Sort Code and Account

Number of the Account from which thepayment is to be made and sign thewithdrawal slip.

(c) You give Your consent by signing thewithdrawal slip. It is Your responsibility tocheck that the amount of the cash (or thebanker’s draft) You have been given inresponse to Your request is correct. Youmust draw any discrepancy to Ourattention immediately. You cannotwithdraw Your consent to make a cashwithdrawal from Your Account once thepayment has been made.

5.5.4 Payments using Your Debit Card You can make a payment out of Your Account

using Your Debit Card. The Special Termsand Conditions – Mastercard Business DebitCard will apply.

5.5.5 Payments using Business eBanking You can make a payment out of Your Account

using Business eBanking. The Special Termsand Conditions – Business eBanking willapply.

5.5.6 Payments using 24 Hour Telephone BankingService

You can make a payment out of Your Accountusing 24 Hour Telephone Banking. TheSpecial Terms and Conditions 24 HourTelephone Banking Service will apply.

5.5.7 Foreign Payments(a) A Foreign Payment is an Electronic

Payment out of Your Account which iseither: (i) to a Payee whose bank is not in the UK

(any such payment can be in sterlingor You can ask Us to convert thepayment to the foreign currencybefore We send the payment); or

(ii) to a Payee whose Bank is in the UK


but You ask Us to convert thepayment to a currency which is notsterling before the payment is made.If You make a Foreign Payment usingBusiness eBanking then the SpecialTerms and Conditions – BusinesseBanking will apply. You can make aForeign Payment at one of OurBranches as set out below.

(b) In order to make a Foreign Payment atone of Our Branches You will need toconf irm Your identity, quote the Sort Codeand Account Number of the Account fromwhich You wish to make the payment andthen complete the information set out inthe International Money Transferapplication form. This will include thePayee name, the Sort Code and AccountNumber or, where applicable the BIC andIBAN for the Payee’s Account and theamount that You wish to transfer. We willalso need You to tell Us whether You wantthe payment to be made in sterling orwhether You wish Us to convert thepayment to a foreign currency before thepayment is sent. There will be fees andservice charges for this Service as setout in Our ‘Fees and service chargesexplained – foreign payments’ leaf let.

(c) You give Your consent to make the ForeignPayment by signing the InternationalMoney Transfer application form. Youcannot withdraw Your consent once thepayment has been made.

5.5.8 Domestic Electronic Payments(a) A Domestic Electronic Payment is an

Electronic Payment in sterling that ismade to another Bank in the UK. You canmake a Domestic Electronic Paymentusing various means - the Special Termsand Conditions for the Service that You

choose to make the payment will apply.You can also make a Domestic ElectronicPayment at one of Our Branches as setout below. We will use the FasterPayments Service to make the paymentunless the Payee’s Bank is unable toreceive payments using that means, inwhich case You may choose to send thepayment either by CHAPS or by Bacs.

(b) In order to make a Domestic ElectronicPayment at one of Our Branches You willneed to conf irm Your identity, quote theSort Code and Account Number of theAccount from which You wish to make thepayment and then complete theinformation set out in the applicationform that We ask You to complete. Thiswill include the Payee name, the Payee’sSort Code and Account Number and theamount that You wish to transfer. Therewill be fees and service charges for thisService as set out in Our ‘Fees andservice charges explained’ leaf let.

(c) You give Your consent to make theDomestic Electronic Payment by signingthe application form. You cannot withdrawYour consent once the payment has beenmade.

5.5.9 Third Party Providers (TPPs)(a) A number of TPPs provide services in the

area of internet payments. TPPs areindependent providers of services. If Weprovide You with a TPP service then Wewill make that clear to You at the time.TPP services can be used to access anyof Your Accounts which are accessibleonline. Your Account will be accessibleonline unless the Special Terms andConditions for Your Account stateotherwise.

You will need to be registered forBusiness eBanking to use these services.The following types of services areof fered by TPPs.(i) Account Information Services

These TPPs allow customers toconsolidate dif ferent accounts theyhave with one or more banks, forpurposes only of reviewing theconsolidated position, and they thenof fer a range of associated servicesincluding for example budgeting andf inancial planning tools. Furtherinformation is set out in Clause 8.

(ii) Payment Initiation ServicesThese TPPs help customers to makeonline credit transfers and informthe merchant immediately of thepayment initiation, allowing forimmediate despatch of goods orservices. This is an alternative topaying online using a debit or creditcard. If You have a credit cardaccount with Us then You will needto refer to the Credit Card terms andconditions for further informationabout accessing Your credit cardaccount through a TPP.

Further information about TPPs isavailable on our website atwww.danskebank.co.uk/psd2ob. We willalso make the European Commissioninformation leaf let on the rights ofconsumers under PSDII available free ofcharge in Our branches and on OurWebsite when it is published. We will alsomake this available in alternative formatsif requested.

(b) If an Authorised User uses a TPP to makea payment from Your Account then theAuthorised User will need to conf irm the

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Sort Code and Account Number or, whereapplicable the BIC and IBAN, of the Payeeand also the amount of the payment. Any payment out of Your Account usingthe services of a Third Party Provider willbe made from the Account as a credittransfer even though the Account is oneof Our Credit Cards or is an Account onwhich one of Our Debit Cards has beenissued. Further information on how thismay impact on the protections that Youhave is set out in Clause 6.5.5.

(c) An Authorised User may access YourAccount using the services of a TPP indif ferent ways including the Open BankingAPIs or using a technique known as“Screen-scraping.”If the TPP uses the Open Banking APIsthen the Authorised User gives Yourconsent, on each occasion, by enteringthe Digital Signature (that is the fullBusiness eBanking log on details) whenasked to do so. The Authorised User willdo this on a secure Danske Bank webpage– this will not be the Business eBankinglog on page. A list of the Accounts thatcan be accessed through the OpenBanking APIs is available on Our Websiteat www.danskebank.co.uk/psd2ob. TheTPP will only be able to view theinformation that the Authorised Userspecif ically authorises it to or to debit thespecif ic payment that the AuthorisedUser has authorised. If the TPP uses Screen-scraping then theAuthorised User gives Your consent byproviding the TPP with the DigitalSignature and the TPP will be able toaccess Your Accounts – including being

able to access all the information that theAuthorised User can access in BusinesseBanking and make payments from YourAccounts in the same way as theAuthorised User can. This means forexample that future dated paymentsincluding Standing Orders can be set upon Your Account. The TPP may ask for theAuthorised User's Digital Signature on itsown website or it may redirect theAuthorised User to the BusinesseBanking log on page within the DanskeBank website and ask the AuthorisedUser to insert the information there.Where the TPP uses Screen-scrapingtechniques it may not be transparent toUs that the Authorised User is using theservices of a TPP. In these circumstancesYou must provide Us, if We ask You, withthe details of the TPP.Before using the services of a TPP Youshould make sure that You haveprocedures in place for Your AuthorisedUsers to be satisf ied that the TPP isauthorised and regulated by the FCA oranother European Regulator. You shouldalso instruct Your Authorised Users toask the TPP to conf irm which method itwill use to access Your Accounts.You can withdraw Your consent topermitting TPP access to Your Account inany of the following ways. We will complywith any such request on the nextBusiness Day after receipt of the request:(i) You can tell Us, by contacting Your

Branch, that: (a) You want to access YourAccounts using a TPP. Anyone withaccess to Your Account using

Business eBanking is known as anAuthorised User. If You want all ofYour Authorised Users who have aSeparate User Mandate (that is aMandate which gives that person fullrights to access and operate YourAccounts without the need for anysecond authorisation) to be able touse the services of a TPP whichuses the Open Banking APIs, Youmust specif ically tell Us that Youwant Us to permit this. If You do notgive Us this specif ic permission thennone of Your Authorised Users willbe able to access Your Accountusing the services of a TPP whichuses the Open Banking APIs. This does not apply where the TPPuses Screen-scraping techniques.The Business eBanking Mandate willapply in those circumstanceswithout the need for any furtherpermission from You. (b) Where You have granted anAuthorised User rights to accessYour Accounts using a TPP and Youhave told Us that You wish towithdraw that consent, We willcomply with Your request unless theTPP uses Screen-scrapingtechniques. If You, or an AuthorisedUser who has an ElectronicSignature which allows them toaccess Your Accounts, provide Youror their Electronic Signature to aTPP that uses Screen-scrapingtechniques then We will treat thatas You granting consent to that TPPto access Your Accounts again.


(ii) An Authorised User can alsomanage TPPs who use the OpenBanking APIs, where that AuthorisedUser has already granted access toYour Accounts. Further informationon how to do this is available whenYou log on to Business eBanking. Wecannot provide this service wherethe TPP uses Screen-scrapingtechniques.

You cannot withdraw Your consent wherea payment has already been debited toYour Account using the services of a TPPor where information has already beenprovided to a TPP.

5.5.10 Cheque Payments out of Your Account Please refer to Clause 10 for the terms and

conditions that apply.5.5.11 Other reasons that We can rely on to make a

payment out of Your Account We may also make payments out of Your

Account for one of the following reasons:• if You ask Us to make a payment out of

Your Account using a means which is notset out above then You will give Yourconsent to make the payment using ameans that We ask You to – this may beYour signature, a verbal telephoneconsent after We have conf irmed Youridentity by whatever means We deemappropriate or by any other means thatWe have agreed with You. In all cases Wewill require You to provide Us with theSort Code and Account Number for theaccount from which the payment is to bemade and the Sort Code and AccountNumber (or where applicable) the BIC andIBAN for the Payee’s bank account. In allcases You cannot withdraw Your consent

once the payment has been made.• where We have received an order of a

court or other regulatory body or arequest from a government body (such asHMRC) which has the necessarylegislative authority to make such arequest We will comply with the order orrequest without the need for any furtherconsent from You

• where We have received a request toreturn a payment from a bank that madea payment into Your Account as a resultof a mistake or error (for example, thatbank has incorrectly sent the paymenttwice) We will take the payment out ofYour Account and send it back to the bankwhich has made the request. We will onlydo this where the request to return apayment is made through an appropriateindustry body such as CHAPS ClearingCompany Limited or Bacs PaymentSchemes Limited. We will take thepayment out of Your Account even incircumstances where We have alreadypermitted You to make a payment out ofYour Account or where it would makeYour Account go overdrawn. If YourAccount goes overdrawn then theprovisions of Clause 14 will apply.

• If We have received a request to return apayment that has been made into YourAccount where the Payer has told his/herbank that the payment was made bymistake You agree that We may take thefollowing actions:(i) We may decide to protect the funds.

This means that We would take thefunds out of Your Account and creditthem to a suspense account. We will

only do this where We havereasonable cause to believe that thepayment has been made by mistake.

(ii) We will contact You to advise You ofthe action that We have taken andWe will also advise You that Weintend to return the funds to thePayer’s bank 15 Business Days afterthe date of Our letter to You.

(iii) If You object to the action that Wehave taken or that We propose totake then You must advise Us beforethe 15 Business Day period hasended and You must state thereasons why You object. If You do notobject within the period set outabove then We will return thepayment to the Payer’s bank andthere will be no requirement for Usto obtain any further consent fromYou.

(iv) If You object to Us returning thefunds to the Payer's bank then Wewill still co-operate with the Payer'sbank in its ef forts to recover thefunds and this means that We canprovide Your name and addressdetails to the Payer's bank and theycan share that information with thePayer. Before sharing Your name andaddress with the Payer the Payee'sbank should give You notice that thatis what they intend to do.

6. Our Liability to You Where You instruct Us to make a payment or

a series of payments from Your Account, it isOur responsibility to ensure that We carryout Your instructions in accordance with

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these terms and conditions. If We fail tomeet any of Our obligations under thisClause 6 then You can make a claim as setout in Clause 6.3.

6. 1 Our Obligation to execute a payment requestand to do so correctly (excluding chequepayments)

Our obligations under this Clause 6.1 onlyapply where both the Payer and the Payeeare in the European Economic Area.

6.1.1 If You initiate a payment out of Your Accountas Payer, We are responsible for makingsure that We execute it in accordance withYour instructions. We are liable only for theexecution of the payment transaction inaccordance with the Sort Code and AccountNumber, or where applicable the BIC andIBAN, for the Payee’s bank account that Youprovided with the payment instruction. Thisis the case even though You may have givenUs additional information about the Payee.

If We can prove to You that We executed thepayment correctly in accordance with Yourinstructions then We will not be liable to Youfor any loss that You may have incurred. Inthese circumstances the Payee’s bank isliable to the Payee for the correct executionof the payment and must credit the Payee’saccount immediately and make the fundsimmediately available to the Payee.

If You initiate a payment into Your Account asPayee, We are responsible for making surethat We correctly transmit the paymentorder to the Payer's bank in accordance withYour instructions. We are liable only for theexecution of the payment transaction inaccordance with the Sort Code and AccountNumber, or where applicable the BIC andIBAN, for the Payer's bank account that You

provided with the payment instruction. Thisis the case even though You may have givenUs additional information about the Payer.

6.1.2 Where You request Us to We willimmediately and without charge make ef fortsto trace any non-executed or defectivelyexecuted payment transaction and notify Youof the outcome.

6.1.3 Subject to Clause 6.5.4, if We fail to meetOur obligations as set out in Clause 6.1.1and as result the payment is not made or ismade incorrectly We will refund the fullamount of the payment to You and restoreYour Account to the position it would havebeen in had the mistake not occurred, or, ifapplicable, We will re-transmit the paymentorder to the Payer's bank. We will be liable toYou for any charges for which You becameresponsible and any interest You had to payas a result of Our mistake.

6.1.4 Where the payment was initiated through aTPP We will refund the full amount of thepayment to You and restore Your Account tothe position it would have been in had themistake not occurred as soon as We aremade aware of the matter. We will be liableto You for any charges for which You becameresponsible and any interest You had to payas a result of the mistake even where themistake was made by the TPP. We areentitled to seek recourse from the TPP if themistake was attributable to the TPP. We mayseek Your assistance where it is reasonableand necessary to do so in order to make sucha claim.

6.2 Our obligation to execute a payment request(excluding cheque payments) in accordancewith the timescales set out in the PaymentTable

Our obligations under this Clause 6.2 onlyapply to those parts of the paymenttransaction which take place within theEuropean Economic Area.

6.2.1 We are responsible for making sure that Weexecute a payment request made by You,whether as Payer or Payee in accordancewith the timescales set out in the PaymentTable. We reserve the right to suspend ordelay a payment either into or out of YourAccount where We, acting reasonably, decideto carry out further checks. This couldhappen, for example, where We suspectfraud. In these circumstances, if We decideafter investigation to make the payment thenWe will still comply with the timescales forexecution of payments set out in thePayment Services Regulations.

6.2.2 Subject to Clause 6.5, if We fail to complywith Our obligation set out in Clause 6.2.1and the payment(s) is made later than thetimescale set out in the Payment Table then,if You are the Payer, We will request thePayee’s bank to ensure that the Value Date ofthe payment is no later than the date it shouldhave been had the payment been made inaccordance with the timescales set out in thePayment Table. We will do this whether thepayment request was made directly to Us (byYou or the Payee) or initiated through a TPP. IfYou are the Payee, We will ensure that theamount of the transaction is given a ValueDate on Your Account which is no later thanthe date that it should have been had thepayment been transmitted correctly inaccordance with the Payment Table. If, as aconsequence of the late execution of thepayment transaction, You incur any chargesor interest We will refund those to You.


6.3 Our obligation to ensure that You have givenYour consent to a payment out of YourAccount (excluding cheque payments)

Our obligations under this Clause 6.3 onlyapply to those parts of the paymenttransaction which take place in the EuropeanEconomic Area.

6.3.1 We are responsible for making sure that apayment is not made out of Your Accountunless You have given Us Your consent in oneof the ways set out in Clause 5.5. We areresponsible for applying Strong CustomerAuthentication before making a payment outof Your Account where the Payment ServicesRegulations require Us to do so. You can f indout more about the circumstances whereStrong Customer Authentication is requiredon our website atwww.danskebank.co.uk/psd2ob.

6.3.2 Subject to Clause 6.5 if We fail to complywith Our obligations as set out in Clause6.3.1 We will refund the full amount of thepayment to You and restore Your Account tothe state it would have been in had themistake not occurred. We will be liable to Youfor any charges for which You becameresponsible and any interest You had to payas a result of Our mistake.

6.3.3 If the Payee or the Payee’s bank does notaccept Strong Customer Authentication incircumstances where We are required toapply Strong Customer Authentication and apayment is made out of Your Account whichYou have not consented to then We will stillrefund You as set out in Clause 6.3.2. Inthese circumstances We are entitled to seekcompensation from the Payee or the Payee’sbank. We may seek Your assistance where itis reasonable and necessary to do so inorder to make such a claim.

6.4 How to make a claim under this Clause 66.4.1 You should contact Us as soon as You become

aware that a payment out of Your Accounthas been incorrectly executed, not executed,executed late or where You have not providedYour consent to make the payment.

6.4.2 If Your claim relates to a payment that Yousay You have not authorised We may ask Youto complete and return a form to Us whichwill require You to give Us details about thepayment. We will investigate the payment,make further enquiries and may passinformation about the payment to other thirdparties including the police. We will only dothis where it is necessary and reasonable toinvestigate Your claim.

6.4.3 If You are entitled to a refund under Clause6.1.3, 6.1.4, 6.2.2 or 6.3 We will credit YourAccount with the refund as soon aspracticable and in any event no later than theend of the Business Day following the day onwhich You have advised Us that the paymentwas not executed, executed incorrectly orexecuted without Your consent.

6.4.4 Even though We may have granted You arefund under Clause 6.3 if, following furtherinvestigation, We are satisf ied that You didgive Your consent to make the payment thenWe will debit the refunded amount from YourAccount without the need for any furtherconsent from You. We will contact You to tellYou the reasons for making the debit.

6.5 Limitations on Our Liability under this Clause6

6.5.1 Subject to Clause 7.5, we will not provideYou with a refund under Clause 6.3 if:(a) Your Account was in credit or in debit (but

Clause 7.4 (b) does not apply) at the timethat the payment was made We havereasonable grounds to suspect that You:(i) have acted fraudulently; or

(ii) have, with intent or gross negligencefailed to comply with Yourobligations as set out in Clauses 7.1- 7.3.

(b) at the time that the payment was made,Your Account was overdrawn by less than£25,000 and You are a sole trader or Youare either a partnership of up to 3partners or an unincorporated body ofpersons (in either case where not allpartners or persons are bodiescorporate), We have reasonable groundsto believe that:(i) You authorised the payment; or(ii) the transaction was carried out with

Your consent; or(iii) where Your Debit Card was used to

make the payment, the person usingthe Card acquired it with Yourconsent.

6.5.2 (a) We will not be responsible to You underthis Clause 6 where any failure on Our partwas due to (i) abnormal or unforeseeablecircumstances beyond Our control, theconsequences of which would have beenunavoidable despite all Our ef forts to thecontrary or (ii) Our obligation to comply withany other provisions of applicable laws.

(b) We will not be responsible to You for theamount of any payment transaction whichoccurs as a result of a fault in Our systems ifthe fault was obvious to You or You were toldabout it by a message or notice at the time ofuse.

6.5.3 We are not liable to meet any of therequirements set out in this Clause 6 wherethe payment transaction was based on apaper cheque of any kind including traveller’scheques or bankers’ drafts.

6.5.4 You must contact Us in one of the ways setout in Part 1 of these General Terms and

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Mastercard Business Debit Card (eventhough a Debit Card is linked to the Account).

6.5.7 If You are a Corporate Opt-out Customer thenthe provisions of this Clause 6 will not applyapart from any protections that You haveunder the Direct Debit Guarantee Scheme. - We agree to execute a payment request

in accordance with Your instructions. Weare liable only for the execution of thepayment transaction in accordance withthe Sort Code and Account Number, orwhere applicable the BIC and IBAN, forthe Payee’s bank account that Youprovided with the payment instruction.This is the case even though You mayhave given Us additional informationabout the Payee.

- If You have not consented to a payment,so it has been paid out of Your Account inerror then, unless We suspect fraud assoon as practicable after becoming awareof the mistake, We will refund the fullamount of the payment to You and restoreYour Account to the position it would havebeen in had the mistake not occurred,even if the payment was initiated througha TPP. You must contact Us in one of theways set out in Part 1 of these GeneralTerms and Conditions – BusinessAccounts as soon as possible, and in anyevent, within 3 months of the debit dateon becoming aware of any payment thathas been made from Your Account thatYou have not consented to. Provided thatWe have complied with Our obligations toYou We are not liable to restore or refundYour Account under this paragraph whereYou have not consented to a payment ifyou contact Us more than 3 months afterthe relevant debit date.

Conditions - Business Accounts as soon aspossible, and in any event, within 13 monthsof the debit date on becoming aware of anyunauthorised, unexecuted or incorrectlyexecuted payment. Provided that We havecomplied with Our obligations to You We arenot liable to restore or refund Your Accountunder this Clause 6 if You contact Us morethat 13 months after the relevant debit date.The 13 month time limit does not apply to aclaim under Clause 6.3 where thecircumstances described in Clause 6.5.1 (b)apply - but You should still make Your claimas soon as You become aware of theunauthorised transaction. This also does notapply to a claim under Clause 6.3 where apayment was made from Your Account underthe Direct Debit Guarantee Scheme. There isno time limit in relation to a claim under theDirect Debit Guarantee Scheme. For anydebit to Your Account which was made morethan 13 months before the date of Your claimWe may take longer, acting reasonably, toinvestigate Your claim before We decidewhether or not to make a refund.

6.5.5 Where a payment out of Your Account ismade using Your Debit Card then the SpecialTerms and Conditions for the Card will apply.This means that We may be able to attempt achargeback of a disputed transaction as setout in Clause 5.10 of the Special Terms andConditions - Mastercard Business DebitCard.

6.5.6 Any payments out of Your Accounts whenYou are using the Services of a TPP will betreated as credit transfers. This means thatthe provisions of this Clause 6 will apply andWe will not be able to make a claim under thechargeback provisions set out in Clause 5.10of the Special Terms and Conditions -

- If a payment from Your Account has beenmisdirected, has not been made when itshould have been, or has been paid late,then You can make a claim in respect ofany loss that You have suf fered as aresult. You can make such a claim inaccordance with the legal time limits thatapply to a claim of that nature (currently6 years from the date that the cause ofaction arises). Our liability in respect ofany such claim is limited strictly to theamount of the payment and any interest,fees or service charges which You haveincurred as a result.

- If You wish to make a claim then it is up toYou to satisfy Us that the payment wasnot executed in accordance with Yourinstructions, was executed incorrectly orexecuted late before We will provide Youwith a refund.

- It is always up to You to prove that Wehave incorrectly transmitted a paymentorder before We are required to trace thepayment and We may charge You a fee ifYou ask Us to do so.

7 Your Liability to Us (excluding chequepayments)

If You have granted a Mandate to someoneelse then You should ensure that the Mandateholder is aware of Your obligations under thisClause and takes any necessary steps toenable You to comply with Your obligations.

7.1 You must notify Us without undue delay, in oneof the ways set out in Clause 7.2, afterbecoming aware of the loss, theft,unauthorised use of or where You believe thatsomeone else, may have copied or becomeaware of any of the following items:


• Your Debit Card• Your PIN (Personal Identif ication Number)

used with Your Debit Card• Your Digital Signature for Business

eBanking or any component part of YourDigital Signature

• Your Access Code Number for 24 HourTelephone Banking Service

Nothing in this Clause prevents You fromgiving Your Electronic Signature to a TPPwhich is authorised and regulated by the FCAor another European Regulator. Before givingthis information to a TPP You should satisfyyourself that the TPP is authorised andregulated by the FCA or another EuropeanRegulator.

7.2 You can notify Us, under Your obligation setout in Clause 7.1, in one of the ways set out inSection 1 Part 1 of these General Terms andConditions - Business.

We will keep a record of any notif ication thatYou made to Us under this Clause 7.2 for aminimum period of 18 months and We will, onrequest, provide You with a copy of thisrecord.

We will also prevent the use of thePersonalised Security Credentials that Youhave notif ied to Us.

7.3 You must take all reasonable steps to keepYour Personalised Security Credentials safe.This does not include information whichappears on the face of Your Debit Card or theSort Code and Account Number for YourAccount. We set out in the Special Terms andConditions (for Business eBanking,Mastercard Business Debit Card and 24 HourTelephone Banking Service) the reasonablesteps that You are expected to take to complywith Your obligations to keep YourPersonalised Security Credentials safe whenusing any of these Services.

7.4 This Clause does not apply if You are aCorporate Opt-out Customer – please refer toClause 6.5.7

Subject to Clause 7.5, You will be liable for anylosses that You suffer as a result of a paymentbeing made out of Your Account which Youhave not authorised where We are satisf iedthat:(a) when Your Account is in credit or in debit

(but Clause 7.4 (b) does not apply)(i) You have acted fraudulently; or(ii) You have with intent or gross

negligence, failed to comply with Yourobligations under Clauses 7.1 - 7.3.

or(b) where Your Account was overdrawn, at the

time the payment was made, by less than£25,000, and You are a sole trader or Youare either a partnership of up to 3partners or an unincorporated body ofpersons (in either case where not allpartners or persons are bodies corporate),We have reasonable grounds to believethat:(i) You authorised the payment; or(ii) the transaction was carried out with

Your consent; or(iii) where Your Debit Card was used to

make the payment, the person usingthe Card acquired it with Yourconsent.

7.5 This Clause does not apply if You are aCorporate Opt-out Customer – please refer toClause 6.5.7

Except where You have acted fraudulently Youwill not be liable for any losses that You sufferas a result of a payment being made out ofYour Account which You have not authorisedin respect of the following payments:(i) a payment that was made after You

notif ied Us in accordance with Clauses 7.1

and 7.2;(ii) You have been unable to notify Us because

We failed to provide You with a means todo so under Clause 7.2;

(iii) where We are required under thePayment Services Regulations to applyStrong Customer Authentication but Wehave not done so; You can f ind out moreabout our obligations to apply StrongCustomer Authentication on our websiteat www.danskebank.co.uk/psd2ob;

(iv) the payment transaction was in respect ofthe purchase of goods or services at adistance. ‘Distance Contract' is defined inregulation 5 of The Consumer Contracts(Information, Cancellation and AdditionalCharges) Regulations 2013 (which iswhere the goods or services have beensold exclusively using a means of distancecommunication and where the contractwas concluded without the simultaneousphysical presence of the trader and theconsumer).

Clause 7.5 (iv) does not apply to paymentsmade in relation to a contract of the followingtypes:(a) concluded by means of automatic vending

machines or automated commercialpremises;

(b) concluded with a telecommunicationsoperator through a public telephone for theuse of the telephone;

(c) concluded for the use of one singleconnection, by telephone, internet or fax,established by a consumer;

(d) under which goods are sold by way ofexecution or otherwise by authority of law.

Clause 7.5 (iv) also does not apply topayments made in relation to a contract to theextent that it is:

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(a) for—(i) gambling within the meaning of the

Gambling Act 2005 (which includesgaming, betting and participating in alottery); or

(ii) in relation to Northern Ireland, forbetting, gaming or participatinglawfully in a lottery within themeaning of the Betting, Gaming,Lotteries and Amusements (NorthernIreland) Order 1985;

(b) for services of a banking, credit, insurance,personal pension, investment or paymentnature;

(c) for the creation of immovable property orof rights in immovable property;

(d) for rental of accommodation for residentialpurposes;

(e) for the construction of new buildings, orthe construction of substantially newbuildings by the conversion of existingbuildings;

(f) for the supply of foodstuffs, beverages orother goods intended for currentconsumption in the household and whichare supplied by a trader on frequent andregular rounds to the consumer’s home,residence or workplace;

(g) within the scope of Council Directive90/314/EEC of 13 June 1990 on packagetravel, package holidays and package tours;

(h) within the scope of Directive2008/122/EC of the European Parliamentand of the Council on the protection ofconsumers in respect of certain aspects oftimeshare, long-term holiday product,resale and exchange contracts.

8. Using a Third Party Prov ider (TPP) toprov ide You with Account InformationServ ices

This Clause 8 deals with circumstances

where You use a TPP for the purposes ofaccessing Your Account to provide You withAccount Information Services (AIS). A TPPwill only be able to get information aboutYour Account if it is accessible online. YourAccount is accessible online unless theSpecial Terms and Conditions for YourAccount state otherwise. You must beregistered for Business eBanking, and havegranted a Mandate to an Authorised User toaccess Your Account using BusinesseBanking, to use the services of a TPP toaccess Your Accounts.

8.1 The TPP will ask the Authorised User to giveYour explicit consent before they can accessYour Account. This means that the TPPshould make available to the Authorised Userthe information that the Authorised Userneeds to make an informed decision so thatthe Authorised User understands what theAuthorised User is consenting to.(i) If the TPP accesses Your Account using

the Open Banking APIs the TPP will onlyreceive the specif ic information that theAuthorised User has explicitly consentedto be provided. When the TPP uses thismethod the Authorised User will beredirected to a Danske Bank webpagewhere the Authorised User will be askedto provide the Digital Signature. Byentering the Digital Signature (as def inedin the Special terms and Conditions -Business eBanking) the Authorised Useris giving Us Your consent to provide theinformation to the TPP. Only certainaccounts are accessible in this way (forexample accounts which are not paymentaccounts are not accessible). Informationabout Your Accounts will be available as“data clusters” – this means that We willgroup certain information into a data set(a cluster). When the Authorised User

gives Your consent all of the informationin the data cluster will be made availableto the TPP.

(ii) if the TPP accesses Your Account usingScreen-scraping the TPP will be able toaccess and download all of theinformation that is available within YourBusiness eBanking and We will not beable to limit or restrict this. By giving theTPP the Digital Signature the AuthorisedUser is giving Us Your consent toprovide the information to the TPP.Unless the TPP has taken steps toidentify itself to Us We may think thatthe request is being made directly by theAuthorised User. A TPP which usesScreen-scraping techniques will be ableto access both payment and non-payment accounts. A non-paymentaccount would include any loan accountsthat You have with Us. Clause 8.2provides You with more information onthe legal obligations of the TPP asregards the use of Your information.

8.2 You should instruct the Authorised Users tocheck that the TPP is authorised andregulated by the FCA or another EuropeanRegulator before using its services. If theTPP is authorised and regulated by the FCAthen it will be subject to the PaymentServices Regulations which means that itshould ensure that any PersonalisedSecurity Credentials are not available to anyunauthorised persons and that it uses safeand ef f icient channels to provide itsservices to You. A TPP should not requestmore information than is absolutelynecessary to provide the specif ic servicethat it is of fering to You.

8.3 A TPP which provides an AccountInformation Service may store the


Authorised User's Personalised SecurityCredentials if it is necessary to provide theAccount Information Service.

8.4 We will treat a request from an AccountInformation Service TPP in the same way asWe treat a request received from theAuthorised User. We will release informationabout all parties to any joint accounts(including partnership accounts). Anyinformation You have recorded on YourAccount about any third parties will also bereleased.

8.5 You can grant and/or withdraw Your consentto Your Account being accessed by a TPPwhich uses the Open Banking APIs for thepurposes of Account Information Services inone of the following ways:(i) You can tell Us, by contacting Your

Branch, that:(a) You want to access Your Accounts

using the services of a TPP. Anyone with access to Your Accountusing Business eBanking is knownas an Authorised User. If You wantall of Your Authorised Users whohave a Separate User Mandate (thatis a Mandate which gives thatperson full rights to access andoperate Your Accounts without theneed for any second authorisation)to be able to use the services of aTPP which uses the Open BankingAPIs, You must specif ically tell Usthat You want Us to permit this. IfYou do not give Us this specif icpermission then none of YourAuthorised Users will be able toaccess Your Account using theservices of a TPP which uses the

Open Banking APIs. This does not apply where the TPPuses Screen-scraping techniques.The Business eBanking Mandate willapply in those circumstanceswithout the need for any furtherpermission from You.

(b) Where You have granted anAuthorised User rights to accessYour Accounts using a TPP (whichuses the Open Banking APIs) – thatYou wish to withdraw that consent. IfYou withdraw Your consent thennone of Your Authorised Users willbe able to access the Accountsusing the services of a TPP.

We will comply with Your request unless theTPP uses Screen-scraping techniques. If anAuthorised User who has a Digital Signaturewhich allows them to access Your Accounts,provide their Digital Signature to a TPP thatuses Screen-scraping techniques then Wewill treat that as You granting consent to thatTPP to access Your Accounts again.(ii) An Authorised User can also manage

TPPs who use the Open Banking APIs,where the Authorised User has alreadygranted access to Your Accounts. Furtherinformation on how to do this is availablewhen You log on to Business eBanking.We cannot provide this service where theTPP uses Screen-scraping techniques.

You cannot withdraw Your consent where apayment has already been debited to YourAccount using the services of a TPP orwhere information has already been providedto a TPP which provides Account InformationServices.

8.6 If You experience detriment caused by Your

Account Information Service Provider (AISP)other than in relation to an unauthorisedpayment You should contact the AISP in thef irst instance. If You believe that We havebreached any of Our obligations in relation toa TPP having accessed Your Account for thepurposes of provision of Account InformationServices then You should contact Us. We willonly be liable for any loss that You havesuf fered as a result of Us having broken anyof Our obligations. We are not responsiblefor any loss You have suf fered where the TPPhas breached its obligations under thePayment Services Regulations.

8.7 We will not be responsible to You underClause 8.6 where any failure on Our part wasdue to (i) abnormal or unforeseeablecircumstances beyond Our control, theconsequences of which would have beenunavoidable despite all Our ef forts to thecontrary or (ii) Our obligation to comply withany other provision of applicable laws.

9. Refusing Payments or Stopping the Use ofYour Card or Serv ices

9.1 You may not make a request, nor consent to aPayee making a request and We can refuse arequest, for a payment transaction on YourAccount, whether for payments into or out ofYour Account if We believe or havereasonable cause to believe any of thefollowing (We can refuse Your request bydeclining the request immediately using thesame channel through which You have madeit or by contacting You at the earliestopportunity and before We have executedthe transaction):(a) the payment transaction is or may be

illegal or for an illegal purpose;

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9.3 We may stop the use of any Card or Serviceif We reasonably believe that:(i) The security of Your Account has been

breached;(ii) There may have been an unauthorised or

fraudulent transaction on Your Account;(iii) There is a credit facility on Your Account

(such as an Overdraft), and there is asignif icantly increased risk that You maybe unable to pay Us what You owe (forexample where We have reasonablegrounds for believing that You arebankrupt or insolvent or have entered intoa voluntary arrangement with Yourcreditors);

(iv) We have to do so under an applicable lawor regulation or order of a court or otherregulatory body.

Where reasonably possible (and where itwould not be a breach of security or beagainst the law), We will attempt to contactYou either by telephone or in writing whenWe take action under either Clause 9.2 orClause 9.3, and explain Our reasons for doingso. If We cannot contact You in advance, Wewill attempt to contact You as soon aspossible afterwards (and in any event, nomore than three days after We received therelevant payment instruction).

9.4 Where We have taken action under thisClause 9, unless We terminate theagreement as a result, We will allow thenormal use of Your Account to resume assoon as practicable once Our reasons fortaking such action cease to exist.

10. Payments from Your Account – ChequeBook Serv ice

10.1 We may provide You with a cheque book toenable You to make payments from YourAccount. Provision of a cheque book withYour Account is a Service and is subject tothese General Terms and Conditions and anySpecial Terms and Conditions for YourAccount. Full details are available from YourBranch. This Service is not available withsavings Accounts.

10.2 When You give someone a sterling chequedrawn on Your Account with Us the ChequeClearing System rules will apply and thecheque will be processed in accordance withthe time periods set out in Part 2 of thePayment Table. A cheque can be processedusing the Paper Clearing Process or usingthe Image Clearing Process. You will notnecessarily know which process will applywhen You write a cheque since this willdepend upon which process is used by Us,any collecting bank and the Payee’s bank atthe time when the cheque is presented. It isenvisaged that more and more cheques willbe processed using the Image ClearingProcess and that eventually (by the end of2018) all sterling cheques drawn on a UKbank will be processed using the ImageClearing Process.

10.3.1 (a)You agree that, if the Image ClearingProcess is used, once a cheque is presentedfor payment the original cheque will bedestroyed within three Business Days. Youhave a right to request an image of thecheque once it has been paid. Images of paidcheques will not normally be returned to You,however if there is a dispute with Us about acheque paid out of the Account, We will give

(b) You are bankrupt or insolvent or haveentered into a voluntary arrangementwith Your creditors;

(c) Your relationship with Us has brokendown or You have shown threatening orabusive behaviour towards any memberof Our staf f;

(d) there are insuf f icient funds available inYour Account to fund the paymenttransaction;

(e) Your Account is a joint Account and thereis a dispute between You and the jointAccount holder;

(f) there is any dispute over Your entitlementto the funds in Your Account;

(g) the security of Your Account may havebeen breached;

(h) You are in breach of any other conditionof these General Terms and Conditions orany of the Special Terms and Conditionsfor Your Account or a Service; or

(i) In the case of an Electronic Payment if forany reason We cannot make the paymentwithin the time limit specif ied by thePayment Services Regulations (e.g. whenusing Our Business eBanking Service Wewill not be able to process a request tomake a domestic transfer in sterling fromYour Account if the Sort Code of thePayee's account is not registered toreceive payments using the FasterPayments Service).

9.2 We may refuse to carry out any transactionon Your Account where any of these GeneralTerms and Conditions or any of the SpecialTerms and Conditions has not been compliedwith, or where it would be unlawful for Us todo so.

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Cheque Clearing System rules.10.5 You must ensure that You write cheques

(a) in pounds sterling only; (b) in pen only;(c) carefully, in order to prevent alterations

and forgeries. You should draw a line through unused space

on the cheque so unauthorised people cannotadd extra numbers or names. If You arepaying a cheque to a large organization, suchas HM Revenue & Customs (HMRC), Youshould write on the cheque the name of theAccount You want the cheque paid into. Forexample, “HM Revenue & Customs only –Reference xxyyzz". If You are writing a chequeto a bank or building society, You should notmake the cheque out simply to thatorganisation. You should add further detailsinto the Payee line, such as the name of theperson to whom the money is being paid, (forexample xyz bank re: A Smith referencenumber XXXX).

10.6 We will not normally pay a cheque more thansix months after the date shown on it.

10.7.1 If You have issued a cheque and then decideto stop payment, You can do so, providingthat We have not already made the decisionto pay the cheque. If the Image ClearingProcess has been used a decision to pay thecheque can be made at any time aftermidnight on the Business Day after thecheque was lodged. If the cheque has beenspecially presented for payment then thedecision will be made as soon as the item ispresented.

To stop a cheque, time is of the essence, and

We recommend that You contact Usimmediately in the following way: telephone

us at 0345 6002882. Lines are openbetween 8am and 8pm Monday to Friday andbetween 9am and 4.30pm Saturdays andSundays, except for bank holidays or otherholidays in Northern Ireland when the bank isnot open for business. Call charges may vary.Please contact your phone company fordetails. We may record or monitor calls toconf irm details of our conversations, for yourprotection, to train our staf f and to maintainthe quality of our service. We can onlyaccept an instruction to stop a cheque whenthe telephone lines are open.

You may also decide to contact Us in otherways, such as by calling at Your branch, or bywriting to Us or by using secure mail fromBusiness eBanking. If You use any of thesemethods there will be a delay before We canaction Your request.

10.7.2 To stop a cheque You will need to provide Uswith the following information(a) the date it was written;(b) the number of the cheque;(c) who it was made payable to; and(d) the amount.

We may ask You to conf irm this informationto Us in writing. We will use best endeavoursto carry out your instructions as soon asreasonably possible but We cannotguarantee that We will be able to stop thecheque once it has been lodged to anAccount. There is normally a charge for thisService as stated in Our ‘Fees and servicecharges explained’ leaf lets.

10.8 When We need to tell You that one of Yourcheques or other items has been returnedunpaid, We will do this either by letter or bysuch other means as We deem appropriate.

10.9 You must not write a cheque with a future

You an image of the cheque as evidence. Weagree that the image of the cheque will becreated and produced in compliance with therules of the Cheque Clearing System. A copyof the rules of the Cheque Clearing System isavailable on request. You agree that, providedWe can give You an image of the cheque, asset out in this clause, We will not beresponsible to You if You suf fer any loss as aresult of the original cheque having beendestroyed.

We can also supply You with a certif iedimage of the cheque subject to the paymentof the relevant fees and service charges setout in Our ‘Fees and service chargesexplained’ leaf let.

10.3.1 (b) You agree that, if the Paper ClearingProcess is used, cheques drawn on theAccount will not normally be returned to You,however if there is a dispute with Us about acheque paid out of Your Account We will giveYou the cheque or a certif ied copy of thecheque as evidence.

10.4 You should ensure that You have suf f icientfunds in Your Account or a suf f icientarranged overdraft on Your Account to coverthe amount of the cheque from the time thatYou give the cheque to the payee up until thetime when the cheque is paid. A cheque thatis drawn on Your Account may be presentedthrough the Cheque Clearing System or thePayee may choose to specially present it forpayment. Where a cheque is speciallypresented for payment We will make thedecision to either pay the cheque or not paythe cheque as soon as it is presented and therules of the Cheque Clearing System will notapply. We reserve the right not to pay acheque for any of the reasons set out in the

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counter service outside Northern Ireland. Ifthis is something You require You shoulddiscuss this with Your Branch or YourAccount Manager.

13.3 If We plan to close or move Your Branch, Wewill tell You at least twelve weeksbeforehand. We will inform You how We willcontinue to provide banking services to You.

13.4 We may vary banking hours, bankingpractices and similar matters by giving Youat least thirty days’ notice in writing or bygeneral notice in Our branches or in thepress. If the variation is signif icant, in Ourreasonable opinion, it will be advised to Youby notice in writing.

14. Overdraf ts Warning Fees and ser v ice charges w ill apply in

relat ion to the prov ision of any overdraf t.Full details are set out in Our 'Fees andser v ice charges explained' leaf lets. Youshould read those leaf lets carefully beforeapply ing for an overdraf t or permitt ingYour Account to become overdrawnw ithout Our pr ior agreement.

14.1 The provision of an Overdraft is a Servicethat may be available on Your Account.Provision of this Service is subject to theseGeneral Terms and Conditions and to anySpecial Terms and Conditions for YourAccount. This Service is not available with aSavings Account.

14.2 An Overdraft is only available if You are over18 years old. An Overdraft is repayable ondemand. This means that We can require Youto repay all the sums You owe Us on theAccount at any time, even if We have agreeda longer period for the Overdraft with You.

14.3 If this Service is available with Your Accountthen You can agree the amount of theOverdraft with Us in advance. This is calledan Arranged Overdraft. You will be issuedwith a facility letter setting out theconditions that apply, in addition to theseGeneral Terms and Conditions. The interestrate applicable to Your Arranged Overdraft iscalled the Arranged Overdraft Interest rateand this rate is advised on Your statement.The Arranged Overdraft Interest rate ismade up of 2 elements- (1) an interestreference rate as described in Clause 16.3and (2) a variable margin "the Margin". Wecan change the Margin as set out in Clauses16.3 (e) and (f).

14.4 You can also agree with Us the amount of anytemporary extension to an existing arrangedOverdraft. This is known as an arrangedexcess. The interest rate applicable to anyarranged excess consists of two elements (1)You will pay the Arranged Overdraft Interestrate on the full amount by which YourAccount is overdrawn (including anyarranged excess) and (2) You will also paythe Arranged Excess Interest rate on theamount of the arranged excess. TheArranged Excess Interest rate will be anadditional margin over and above theArranged Overdraft Interest rate. You will beadvised of this rate when We agree to grantYou an arranged excess on Your Account. Wecan change the Arranged Excess InterestRate, during the period that any ArrangedExcess has been granted, as set out inClauses 16.3 (e) and (f). In all other respectsthe Terms and Conditions as set out in theFacility Letter for Your arranged Overdraftwill also apply to the arranged excess.

date on it as it may not prevent the Payeefrom paying it into their bank before thatdate.

10.10 If You believe Your cheque book or chequesare lost or stolen, or if You believe thatsomeone has signed one of Your chequeswithout Your permission, You must contactUs immediately.

11. 24 Hour Telephone Banking and BusinesseBanking

The provision of 24 Hour Telephone Bankingand/or Business eBanking Services areServices which may be available with YourAccount. Provision of these Services issubject to the Special Terms and Conditionsfor those Services. These Services aresubject to periods of routine maintenance.

12. Debit Card The provision of a Card is a Service that may

be available with Your Account. Provision ofthis Service is subject to the Special Termsand Conditions applicable to the Card. ThisService is not available with a savingsAccount.

13. Branch Serv ice13.1 The addresses and contact details for all

Danske Bank branches in the UK can befound on Our Website. If You wish to write tothe Bank then You should use the followingaddress irrespective of where Your Branchis: - Danske Bank PO Box 2111 Belfast BT109EG.

13.2 The provision of branches where a counterservice is available is a Service that issubject to the Special Terms and Conditionsfor Your Account. We do not provide a

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increase the margin that applies to theunarranged Overdraft Interest rate.

Where You are a Corporate Opt-outCustomer We may decide to give You 30days' notice of any increase in the variablemargin which applies to the unarrangedOverdraft Interest rate.

14.7 If We decide to grant You an unarrangedOverdraft or an unarranged excess, by payingan item which has been presented forpayment, then a paid transaction fee, asdetailed in Our ‘Fees and service chargesexplained’ leaf lets and the interest rate foran unarranged Overdraft or an unarrangedexcess (as appropriate) will be applied toYour Account. If We grant You an unarrangedOverdraft or an unarranged excess then itdoes not mean (a) that any arrangedOverdraft has been created or (b) that thelimit on any arranged Overdraft has beenincreased or (c) that We will pay any otheritem in the future which would have the sameef fect. We are not committed to pay anyother items up to such amounts.

14.8 If We decide not to grant You an unarrangedOverdraft or an unarranged excess then theitem presented for payment will be returnedunpaid and an unpaid fee, as detailed in Our‘Fees and service charges explained’ leaf lets,will be applied to Your Account.

14.9 If You have an Overdraft on the Account Wemay use monies held in other Accounts inYour name to pay of f the Overdraft. This issometimes known as the Bank’s right of setof f. We will tell You at least fourteen daysbefore We exercise Our right of set-of f. If Youhave provided the Bank with security (e.g. amortgage over land) then that security mayalso be available to Us in respect of the

Overdraft.14.10 We will calculate Debit Interest on a daily

basis on the cleared debit balance on YourAccount. An item is included in the cleareddebit balance from the Value Date forpurposes of calculation of interest. We willcalculate this interest at the end of eachcalendar quarter (Our usual charging datesare the end of March, June, September andDecember). If You are due to pay interest,before We charge the interest to Youraccount, We will write to You at the end ofthe quarter and tell You the amount We willcharge and when. If You receive Yourstatements electronically, We will send thisletter to You electronically. Further detailsabout the Debit Interest rates payable onYour Account are set out in Our ‘Interestrates’ leaf let.

14.11If You are due to pay any fees or servicecharges in relation to any unarrangedOverdraft, We will usually debit theseamounts to Your Account at the time the feeis incurred. You will be able to see theamounts that have been charged to YourAccount by reviewing Your statement.Further details are set out in Our 'Fees andservice charges explained' leaf lets.

15. Fees and Serv ice Charges15.1 Details of current fees and service charges

(including fees and charges in relation toPayment Services) that apply to YourAccount are published in Our ‘Fees andservice charges explained’ and 'Fees andservice charges explained - foreignpayments' leaf lets, which are available at anyBranch and on Our Website.

14.5 If You do not agree with Us the amount of anytemporary or other extension to an existingarranged Overdraft then We will treat this asan application for an unarranged excess. Therate applicable to the amount of theunarranged excess is called the SurchargeInterest rate and this rate will be advised toYou on Your statement. You will continue topay the Arranged Overdraft Interest rate onthe full amount by which the Account isoverdrawn (including any unarrangedexcess). You will also pay the SurchargeInterest rate on the unarranged excess. Wecan change the Surcharge Interest Rate,during the period that any unarrangedexcess exists on Your Account, as set out inClauses 16.3 (e) and (f). In all other respectsthe Terms and Conditions as set out in theFacility Letter for Your arranged Overdraftwill also apply to the unarranged excess.

14.6 If You try to make a payment out of YourAccount (known as presenting an item forpayment, such as a cheque, a Card payment,a Direct Debit or a Standing Order) orinterest or a fee or service charge is appliedto Your Account which would have the ef fectof creating an Overdraft the amount of whichhas not been previously agreed by Us thenWe will treat this as an application for anunarranged Overdraft. You will pay theunarranged Overdraft Interest rate on theamount of any unarranged Overdraft. Theunarranged Overdraft Interest rate is madeup of 2 parts (1) an interest reference ratewhich is the Bank of England Bank Rate and(2) a variable margin which We set. We setout in Clause 16.3 how and when We willapply changes to the interest reference rate.We will give You 2 months' notice before We

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· To recover the genuine increased costs ofcomplying with legal or regulatorychanges which apply to the provision ofservices to Our current and savingsaccount customers, including for examplechanges in the law, decisions of theFinancial Ombudsman, changes inregulatory requirements and/or changesin industry guidance and codes ofpractice;

· To ensure that Our business as a whole isprof itable and competitive and that OurCredit Interest rate ranges and CreditInterest rate structures enable Us toachieve Our business and strategicobjectives (which are set internally)provided that any such change isreasonable and does not result in anAccount Holder being treated unfairly;

· For any other valid reason - provided thatany reduction in the Credit Interest rate(or variation of the Credit Interest ratethat is applied depending on the balanceheld in an Account) for this reason is aproportionate and reasonable responseto the underlying reason. Unless theSpecial Terms and Conditions for YourAccount state otherwise, where Wedecide to reduce the Credit Interest rateWe will always give you at least 2months’ notice before doing so. You willbe able to end the agreement before theend of the notice period without incurringany extra charges.

16.2.3 Where We determine the interest rateinternally, if You are a Corporate Opt-outCustomer then We may decrease the creditinterest rate for any reason (whether listedat 16.2.2 or not) provided that We havegiven You thirty (30) days' notice beforedoing so.

16.2.4 We may increase the Credit Interest ratepayable on any Account immediately. We willadvise You of any increase in the CreditInterest rate on Your statement of Account.

16.2.5 Details of the Credit Interest rates payableon any Account are set out in Our ‘Interestrates’ leaf let. We will calculate the CreditInterest on a daily basis on the cleared creditbalance on Your Account.

16.2.6 Credit Interest will be paid gross - thismeans that We will not deduct any incometax from the amount of interest that iscredited to Your Account. In certaincircumstances You may have to makearrangements to pay tax on the creditinterest that is paid into Your Account. Thiswill depend on your total taxable income, thetotal amount of credit interest that Youreceive and your Personal SavingsAllowance. It is Your responsibility to pay anytax that may be due.

16.3 Debit Interest(a) If any Debit Interest is to be charged then

this will be applied in accordance withClause 14.10.

(b) The Debit Interest rates are made up oftwo (2) parts - (i) an interest referencerate and (ii) a variable margin. Theinterest reference rates that We use arethe Bank of England Bank Rate and LIBOR(depending on Your Account). Details ofwhich interest reference rate applies toYour Account are set out in Our “Interestrates” leaf let or as separately advised toYou. When the interest reference ratechanges We will change the interest rateapplicable to Your Account.

(c) Changes to Bank of England Bank Ratewill be applied with ef fect from the start

15.2 You agree to pay the fees and servicecharges applicable to the Account and Youruse and operation of the Account and OurServices as shown in Our ‘Fees and servicecharges explained’ and 'Fees and servicecharges explained - foreign payments'leaf lets from time to time and whether or notthese fees and service charges are referredto elsewhere in these Terms and Conditions.

15.3 We will notify You in accordance with Clause26 if We introduce or vary a fee or servicecharge relating to Your Account for a ServiceYou use on Your Account.

15.4 There may be taxes or costs, some of whichare not paid through Us or imposed by Usand for which You may be liable.

16. Interest on Your Account16.1 Details of the current interest rates on Your

Account are published in Our ‘Interest rates’leaf let which is available at any Branch andon Our Website.

16.2.1 Credit Interest rates are based on a rate that We determine internally unless We tell You

otherwise in relation to the Account orService.

16.2.2 Where We determine the interest rateinternally, We may decrease the CreditInterest rates (or decrease the CreditInterest rate that is applied depending on thebalance held in an Account) for one or moreof the following reasons:· To respond proportionately to a change in

the Bank of England Bank Rate or anyother publicly-listed market rate;

· To recover the genuine increased costs ofproviding current and savings accountsto Our customers, including for examplethe cost of introducing, developing and/ormaintaining systems and services;

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17.2 If We do so, We will use Our published rateof exchange [known as the 'Danske BankExchange Rate (UK)’] for the relevantcurrency on the applicable day at such timeas We may select. For transactions over£25,000 (twenty f ive thousand poundssterling) the rate of exchange will always beat least equal to the published rate and isusually better.

17.3 We calculate the Danske Bank ExchangeRate (UK) for the relevant currency on a dailybasis. You may obtain details of the DanskeBank Exchange Rate (UK) for the relevantcurrency by enquiring at any Branch or bytelephoning Us. We reserve the right tochange the Danske Bank Exchange Rate (UK)for the relevant currency immediately and atany time of the day depending on marketconditions.

18. Statements18.1 Unless We tell You otherwise in the Special

Terms and Conditions for Your Account We willprovide You with a statement at the end of themonth, free of charge, if during that calendarmonth there has been a payment transactionon Your Account. You should always check Yourstatements carefully and if there is anytransaction on Your Account which is notcorrect or which You do not recognise then Youmay be able to make a claim as set out inClause 6.4.

18.2 We will provide You with a statement byposting it to You at the address that You haveprovided unless You have told Us that You wantto exercise the option set out at Clause 18.3.The statement will be provided to the Account-Holder who is the f irst named Account-Holderon Our records unless We have agreedsomething dif ferent with You.

If You are a Corporate Opt-out Customer andYou are registered for Business eBanking,then We will only make statements available toYou electronically in eArchive. If You areregistered for Business eBanking and Youwould like to continue to receive paperstatements We may charge You for this.

18.3 Where You have Business eBanking then Weautomatically make Your statementsavailable to You within eArchive. If You do notwish to receive paper statements, You canopt to have Your paper statements switchedof f. You can do this at Account level and Wewill then make statements for that Accountavailable only in Your eArchive withinBusiness eBanking. The Account statementsthat We can make available in this way arelisted on the Business eBanking pages withinOur Website. That list includes Our currentaccounts and most of Our savings accounts.It does not include Our Corporate CreditCard Account statements. You will need totell Us that You want to exercise this optioneach time that You open a new Account withUs or, if You are not registered for BusinesseBanking, when You f irst register for thatService.

18.4 If You require additional statements orduplicate statements then You will have topay Our fees and service charges as set outin Our ‘Fees and service charges explained’leaf let.

18.5 Information about payment transactions onYour Account is also available free of chargeon Business eBanking and 24 Hour TelephoneBanking (where You are registered for theseServices) or by requesting a mini statement atone of Our cash machines, where You haveone of Our Mastercard Business Debit Cards.

of the Business Day immediately followingthe day that the Bank of Englandannounces a change to its Bank Rate. Wewill inform You of changes to Bank ofEngland Bank Rate through notices in Ourbranches and advertisements in thepress within three Business Days of thechange taking ef fect. The newspapers Wenormally use are the Belfast Telegraphand/or the Irish News and/or the NewsLetter. The rates may also be obtained bytelephoning any branch or by visiting OurWebsite. In certain circumstances Wemay also advise You personally aboutinterest rate changes.

(d) Changes to LIBOR will be applied withef fect from the close of business on theday that any change takes place. Changesto LIBOR are published by Reuters and canchange each day normally before 12 noon.

(e) If We increase the Margin, the ArrangedExcess Interest rate or the SurchargeInterest Rate We will give You 2 months'notice before we make the change.Details are set out in Your facility letter.If you are a Corporate Opt-out Customerthen we will give you 30 days' notice ofany increase in the Margin, the ArrangedExcess Interest rate or the SurchargeInterest Rate

(f) If we decrease the Margin, the ArrangedExcess Interest rate or the SurchargeInterest Rate then We may do soimmediately and advise You of the changeon Your next statement.

17. Exchange Rates17.1 We may agree to accept credits to Your

Account, or make debits from Your Account,in a currency other than sterling.

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records. The letter will always quote atleast the last 4 digits of Your Accountnumber.

19.3 If You are contacted in any other way, even ifthe person contacting You states that he/sheis a representative of the Bank or the policeor some other law enforcement agency, thenYou should not provide any information. It islikely that the person contacting You is afraudster. Instead You should contact Us inone of the ways set out in Section 1 Part 1 ofthese General Terms and Conditions –Business. You can f ind useful information onhow to protect yourself from fraud on ourwebsite at www.danskebank.co.uk/.

20. Closing the Account.20.1 Unless You are a Corporate Opt-out

Customer, We can terminate this Agreementand close Your Account by giving You at leasttwo months’ notice. This Clause does notapply to the terms of any Overdraft that Wehave granted to You. We can do this for oneof the following reasons:(a) We have reasonable grounds to believe

that You are no longer using the Account;(b) We, acting reasonably, are dissatisf ied

with the way that You are operating theAccount. This could arise for examplewhere there are a signif icant number ofpayment instructions which We cannotcomply with because You haveinsuf f icient funds in Your Account orwhere the amount of time that We haveto spend on the administration of YourAccount exceeds what We wouldconsider to be reasonable;

(c) You have failed, within a reasonableperiod of time, to provide Us with

information which We may reasonablyexpect You to provide to Us in connectionwith the operation of Your Account;

(d) To comply with any changes in law orregulation, including decisions of thecourts or Financial Ombudsman;

(e) To ensure that Our business is prof itableand competitive and that Our productrange enables Us to achieve Our businessand strategic objectives;

(f) For any other valid reason – provided thatthe closure of Your Account is aproportionate and reasonable responseto the underlying reason. If We close YourAccount, money can be taken out of YourAccount by Us to cover any money owedincluding interest and service charges.

If We close Your Account, money can betaken out of Your Account by Us to cover anymoney owed including interest and servicecharges.

If You are a Corporate Opt-out Customer thenthis Clause 20.1 will apply save that theperiod of notice can be less than two monthsbut will always be at least thirty days and Wecan close Your Account for any reasonwhether that reason is listed at 20.1 or not.

20.2 You may close the Account at any timewithout penalty by notifying Us in writing.Closure following such notice will only takeef fect when any outstanding transactions arecompleted. You must give Us back Yourcheque book and Cards (if applicable) and payanything which You owe on the Accountincluding interest and service charges.Before the Card is forwarded to Us, You mustcut the Card vertically through the magneticstripe and electronic chip on the Card.

18.6 If there are no payment transactions on YourAccount, statements will be provided on afrequency which is agreed with You – usuallyat the end of June and the end of Decembereach year.

19. Security 19.1 Where We have issued You with

Personalised Security Credentials to use anyof Our Services You must follow the stepsthat We have set out in the Special Termsand Conditions for that Service to keep thosePersonalised Security Credentials safe. Thiswill apply where You use Our BusinesseBanking, 24 Hour Telephone Banking orDebit Card Services. If You suspect that YourPersonalised Security Credentials may havebeen lost, stolen or otherwise compromisedthen You should contact Us as set out inClause 7.

19.2 We will only contact You in one of thefollowing secure ways if We need to tell Youthat there has been fraudulent activity (orWe suspect that there has been fraudulentactivity) on Your Account or that the securityof Your Account may be at risk. We willcontact You:(i) by phoning You using the telephone

contact details We hold for You on Ourrecords. We shall identify You by asking anumber of security questions. We willNEVER ask You to reveal any of YourPersonalised Security Credentials suchas any of Your PIN numbers, Your cardnumbers or any of the passwords orcodes that You use to access and makepayments on Business eBanking; or

(ii) by sending a letter addressed to You atthe address that We hold for You on Our

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21.2 If the Package and/or any Account, Serviceor benef it of the Package selected by You isprovided to You at a discounted rate becauseof other arrangements between You and/or athird party with the Bank, the Bank reservesits right to levy the standard fees and servicecharges applicable to the Package and/or theAccounts, Services or benef its upontermination of those other arrangements.

21.3 You may terminate Your CustomerAgreement at any time in accordance withClause 20.

21.4 We may terminate Your CustomerAgreement at any time by giving You writtennotice in accordance with Clause 20.

21.5 The termination of Your CustomerAgreement by any means will (subject tothese General Terms and Conditions and toany Special Terms and Conditions of eachAccount, Service or benef it) cause thetermination of the Account, Service orbenef its that are part of the Package.

21.6 Any termination of Your CustomerAgreement by whatever means is withoutprejudice to liabilities accrued prior to suchtermination.

22. Dormant Accounts22.1 We participate in the unclaimed assets

scheme established under the Dormant Bankand Building Society Accounts Act 2008.The purpose of the scheme is to enablemoney in dormant accounts (i.e. balances inaccounts that have been inactive or dormantfor15 years or more) to be distributed for thebenef it of the community while protecting therights of customers to reclaim their money.

Under the scheme, We may transferbalances of dormant accounts to ReclaimFund Ltd (RFL).

22.2 RFL is a not-for-prof it reclaim fund which isauthorised and regulated by the FinancialConduct Authority. If We transfer thebalance of your Account to RFL, You will haveagainst RFL whatever right to payment ofYour balance you would have had against Usif the transfer had never happened. However,We will remain responsible for managing allaspects of the customer relationship withYou and for handling all repayment claims(which We will do on behalf of RFL).Therefore, You should continue to contact Usin the usual way if You have any queries orcomplaints in relation to Your Account orbalance.

22.3 Both We and RFL participate in the FinancialServices Compensation Scheme (FSCS). Thetransfer by Us to RFL of Your balance will notadversely af fect any entitlement You have tocompensation from the FSCS.

22.4 Before We classify an Account as dormant,We will try to contact You, makingreasonable endeavours having regard to allthe circumstances and seek Yourinstructions. If Your Account is classif ied asdormant then We will close Your Accountand all Services on the Account, includingstatements and correspondence will beterminated.

22.5 Funds transferred to the unclaimed assetsscheme will remain Your property ( or if youdie it will form part of Your estate unless theAccount is a joint Account in which case itwill usually pass to the surviving AccountHolder(s)).

20.3 We may treat this Agreement asunenforceable or void in the event that Youbreach any of the conditions of thisAgreement. We will only exercise Our rightsunder this Clause 20.3 in the followingcircumstances:(a) We reasonably suspect that You have

used Your Account to make a paymenttransaction that is illegal or is for anillegal purpose;

(b) You are bankrupt, insolvent, have enteredinto a voluntary arrangement with Yourcreditors, gone into liquidation oradministration, had a receiver appointed,or any other analogous event;

(c) You act, or are suspected of acting,fraudulently or with negligence;

(d) We suspect that there is a threat to thesecurity of Our systems;

(e) Your relationship with Us has brokendown or You have shown threatening orabusive behaviour towards any memberof Our staf f;

(f) You are in breach of any materialobligation under these General Terms andConditions and any Special Terms andConditions and You have failed to remedythe breach within a reasonable time of Usrequesting You to do so.

20.4 Any termination of the Agreement bywhatever means is without prejudice toliabilities accrued prior to such termination.

21. Package Agreements with Us21.1 You may apply for a Package with Us subject to

the Special Terms and Conditions for each ofthe Accounts, Services and benefits that areincluded in the Package. If You select a Packagethen You will complete a Customer Agreement.

33


24.2 If You use the services of a TPP to provideYou with Account Information Services thenClause 8 applies. If You use the services of aTPP to provide You with Payment InitiationServices then Clause 5.5.9 applies. TPPswhich are authorised and regulated by theFCA or another European Regulator mustcomply with their obligations under thePayment Services Regulations

24.2 We are prepared to provide banker’sreferences. However, We will only do so withYour prior written consent.

25. Notices and communication25.1 Notices and other communications between

You and Us in relation to this Agreementshould be given in writing unless:(i) otherwise agreed between Us; or(ii) We determine otherwise. This would

apply for example where We need tocontact You urgently.

25.2 Where You have a Business eBankingAgreement then We may sendcommunications to You through BusinesseBanking.

25.3 Unless We have agreed with You that Youcan communicate with Us in some other way,You should give notices to Us in writing bypost to Our registered address or by writingto Danske Bank at PO Box 2111 BelfastBT10 9EG.The date of receipt of a noticegiven by You to Us under this Clause 25.3 isdeemed to be the date of actual receipt by Usor where that day is not a Business Day, thenext Business Day. If You choose to write toUs at a dif ferent address to that set out inthis Clause 25.3 then there may be a delay inprocessing Your correspondence

26. Variat ion of these Terms and Condit ions This Clause does not apply to the terms and

conditions that apply to any Overdraft thatWe have granted You.

26.1 We may, for any reason set out in Clause26.7 below:(a) introduce a fee or service charge relating

to the Account and/or vary the amount,frequency or time for payment of any feesor service charges relating to theAccount, Service or Package;

(b) add to, remove, change or imposerestrictions on the benef its of theAccount, Service or Package; or

(c) make any change to these General Termsand Conditions or to any Special Termsand Conditions for Your Account or anyService.

26.2 Subject to Clauses 14 and 16 in relation tochanges to interest rates and unless theSpecial Terms and Conditions for YourAccount state otherwise, and subject toClause 26.7, We may alter these Terms andConditions at any time having given You twomonths’ written notice of any changes.

If You are a Corporate Opt-out Customerthen this Clause 26.2 will apply save that theperiod of notice can be less than two monthsbut will always be at least thirty days.Provided We have given You notice, We canmake a change under this Clause 26 and Wecan do so for any reason whether listed atClause 26.7 or not.

26.3 We may communicate such changes bysending a summary of the proposed changesto You. This summary will contain areference to Our Website, where We willprovide detailed information relating to the

23. Change of Personal Details23.1 You must inform the Bank of any change of

name, address, phone number or emailaddress as soon as reasonably practicableby g iv ing notice to Your Branch.

23.2 If correspondence is returned to Us by thepostal authorit ies then We will not be ableto send You important information aboutYour Account. This may also mean that Weare unable to send You the PersonalisedSecurity Credentials to operate YourAccount. We will hold mail for You tocollect from Your Branch. If Your Accounthas an Addit ional Cardholder then thisCondit ion also applies to the Addit ionalCardholder.

23.3 If You change Your mobile phone numberthen You should inform Us immediately. IfWe do not have this information then Wemay continue to send text alerts to Youwhich could include a text alert asking Youto contact Us in relat ion to a Serv ice thatWe of fer – for example Geoblocking on YourCards.

23.4 If You change Your email address then Youshould inform Us immediately. If We do nothave this information then We maycontinue to send email messages to Youwhich could include alerts about YourAccount or alerts about importantinformation that We have sent to YoureArchive.

24. Use of Your personal and businessinformation

24.1 We can use Your personal and businessinformation in accordance with Our leaf let‘How we use your personal and businessinformation’.

changes and/or revised terms andconditions. However, if You so request, Wewill send You paper copies of the detailedinformation and/or a copy of the revisedterms and conditions.

26.4 Once We have given You notice of theproposed changes, if You do not tell Us thatYou object to the changes, before the date onwhich they are due to come into ef fect, thenthey will take ef fect on the date indicated. IfYou do object to the changes, then You havethe right to end this Agreement and closeYour Account immediately and without beingcharged anything extra.

26.5 In the event of any change in applicable lawor regulation, or in other circumstancesoutside Our control, We may give a shorterperiod of notice as We consider, onreasonable grounds, to be justif ied.

26.6 All changes in relation to the applicableinterest and exchange rates will becommunicated to You in accordance withClauses 16 and 17 respectively.

26.7 The changes referred to in Clause 26.1 willbe made for one or more of the followingreasons:(a) by agreement with You;(b) to ref lect the introduction or development

of new systems, methods of operation,services or changes in technologyprovided that the change is aproportionate response to the underlyingreason for the change;

(c) to maintain or improve operatingconditions or service levels;

(d) to respond proportionately to any changeor expected change in market conditions,general banking practice or the cost of

providing services to customers; (e) to respond proportionately to legal or

regulatory changes. This would include: · Changes in general law or decisions of

the Financial Ombudsman Service, · Changes in regulatory requirements, · Changes in industry guidance and codes

of practice which raise standards ofconsumer protection;

(f) to ensure that our business as a whole isprof itable and competitive and that Ourproduct range and charging structureenables Us to achieve Our business andstrategic objectives (which are setinternally) - provided that any suchchange is reasonable and does not resultin an Account Holder being treatedunfairly;

(g) to make these General Terms andConditions or any Special Terms andConditions fairer or clearer for Youprovided that any such change does notmaterially alter the Agreement that Youhave entered into with Us;

(h) To make changes and improvements toour products, services or chargingstructures where the changes are ofbenef it to You or where the changes makeit easier for You to manage Your Account;or where the changes provide You withalternative or more cost ef fective ways tomanage Your Account;

(i) for any other valid reason which is notspecif ied in this Clause 26.7 providedthat the change is a proportionate andreasonable response to the underlyingreason for the change.

26.8 If We have made a major change or a lot ofminor changes in any one year, We willprovide You with a copy of the new terms andconditions or a summary of the changes.

27. General27.1 Nothing in this Agreement shall:

(a) exclude or restrict the Bank’s liability forfraudulent misrepresentation by theBank, its employees, of f icers or agents orfor death or personal injury resultingfrom the negligence of the Bank, itsemployees, of f icers or agents; or

(b) operate so as to reduce Your statutory rightsrelating to faulty or misdescribed Serviceswhere the Bank’s Services are supplied toYou as a consumer. For further informationabout Your statutory rights contact Your localTrading Standards Department or CitizensAdvice Bureau.

27.2 We may comply with the terms of any CourtOrder or other analogous proceedings (whereWe are advised to do so) and may stop orsuspend the operation of Your Account or anyService on Your Account in order to complywith such proceedings.

27.3 You may not assign, sub–licence, transfer orotherwise dispose of any of Your rights or sub–contract, transfer or otherwise dispose of anyof Your obligations under this Agreementwithout Our prior written consent.

27.4 We may sub–contract Our rights or obligationsunder this agreement to Our sub–contractorsand any sub–contracting shall not affect Ourresponsibilities and liabilities under thisAgreement.

34


27.5 We may at any time assign all or part of Ourrights under this Agreement (which include Ourrights to payment of any sums due by You) andmay disclose to any potential assignees suchinformation regarding You and Your affairs asWe may see fit.

27.6 If any provision of this Agreement is held to beunenforceable, it will not affect the validity andenforceability of the remaining provisions andwill be replaced by an enforceable provisionthat comes closest to the intention underlyingthe unenforceable provisions.

27.7 Failure or delay by either party in enforcing anyterm of this Agreement shall not constitute awaiver of such term.

27.8 The parties do not intend that any term of thisAgreement shall benefit or be enforceable by athird party by operation of The Contracts(Rights of Third Parties) Act 1999.

27.9 Where You transfer Your Account to Us and asa result security (such as a mortgage orcharge) is also transferred to Us, the Bank’sgeneral policy is not to make any paymenttowards legal and/or valuation charges arisingfrom the transfer of such security to Us. Fromtime to time We may offer incentive schemes.Where this applies We will make this clear toYou at the date that You apply for any of OurServices.

27.10 We will comply with Our obligations under theCurrent Account Switch Guarantee when Youswitch Your Current Account to or from Ususing the Current Account Switch Service. Youwill not be eligible to use the Current AccountSwitch Service where You have more than 50employees and have an annual turnoverexceeding £6.5million.

27.11 By agreeing to these Terms and Conditions Youare confirming to Us that the money in theAccount is and will remain Yours at all times.

28. Right of Set-off If any money You owe Us [for example on a loan,

credit card, overdraft on a current account orany other type of account] is overdue forpayment, We may use any money You have inany of Your Accounts with Us to reduce orrepay what You owe by way of set-off.

29 Governing Law If Your Branch address as stated on Our

records and on Your statement is situated inNorthern Ireland then this Agreement shallbe governed by and interpreted inaccordance with the laws of Northern Irelandand You agree to submit to the non–exclusivejurisdiction of the Courts of Northern Ireland.However, if Your address as stated on Ourrecords and on Your statement is situated inGreat Britain then We agree that thisAgreement shall be governed by andinterpreted in accordance with the laws ofEngland and Wales and You agree to submitto the non–exclusive jurisdiction of theCourts of England and Wales.

35


Payment TableThe timetable set out in the Payment Table may besuspended in certain circumstances which arebeyond our control where there are abnormal orunforeseeable circumstances beyond our control,the consequences of which would have beenunavoidable despite all our ef forts to the contrary.

We also reserve the right to suspend or delay apayment either into or out of your account wherewe, acting reasonably, decide to carry out furtherchecks. In these circumstances we will still seek tocomply with our statutory obligations for executionof the payment under the Payment ServicesRegulations 2017 (as amended).

The Payment Table assumes the following:• payments are in sterling, unless it says

otherwise.• the entry date is a Monday.• there are no non-Business Days in the relevant

period.

Def init ions• ‘Bacs Serv ice User’ means an entity

sponsored to use Bacs to submit paymentinformation. A Bacs Service User is bound bythe Bacstel-IP Services Customer Terms andConditions.

• ‘Bacs Serv ice User Number’ (also known asBacs Service User ID) means the uniquenumber allocated to a Bacs Service User.

• ‘Business Day’ means a day when the Bank isusually open for business as required for thepurposes of executing payment transactions.Dif ferent days apply depending upon thepayment system that is used to make thepayment as follows:

Payments into your account by CHAPS(including standing orders) – a Business Day isa Monday, Tuesday, Wednesday, Thursday andFriday (excluding English bank holidays).

Payment into your account by Faster PaymentsService or by Internal transfer (except forstanding orders) – a Business Day is a Monday,Tuesday, Wednesday, Thursday, Friday,Saturday and Sunday.

Standing order payments into your account byFaster Payments Service - a Business Day is aMonday, Tuesday, Wednesday, Thursday, Friday(excluding English bank Holidays).

Payments out of your account by CHAPS(including standing orders)– a Business Day is aMonday, Tuesday, Wednesday, Thursday andFriday (excluding Bank and other holidays inNorthern Ireland).

Payments out of your account by InternalTransfer or by Faster Payments Service(excluding standing orders) or by Internaltransfer – a Business Day is a Monday, Tuesday,Wednesday, Thursday, Friday, Saturday andSunday.

Standing order payments out of your account byFaster Payments Service - a Business Day is aMonday, Tuesday, Wednesday, Thursday andFriday (excluding Bank and other holidays inNorthern Ireland).

Files submitted with your Bacs Service UserNumber if you are an Indirect Submitter using aCommercial Computer Bureau or In HouseBureau or;

Files submitted with your Bacs Service UserNumber if you are a Direct Submitter - aBusiness Day is a Monday, Tuesday,Wednesday, Thursday and Friday (excludingEnglish Bank Holidays).

• ‘Current standard spending limits’ means thecurrent standard spending limits that applywhen you give us an instruction to take fundsfrom your account using a particular method(such as a card). We may have agreedindividual spending limits with you which aredif ferent. The spending limit always depends onthe available balance in your account. Wherethe limit is detailed as ‘Does not apply’ thismeans that the limit is the available balance onyour account.

• ‘Cut-of f t ime’ means a time, usually towardsthe end of the Business Day, after which anypayment order received (whether to credit ordebit your account) will always be deemed to

36


have been received on the following BusinessDay. The Cut-of f time for any payment orderreceived at a branch counter will always bebefore the branch closing time on that BusinessDay. On Christmas Eve (or the last BusinessDay before 25th December) the Cut-of f time forstanding order, cheque, direct debit and futuredated payments out of your account is11.30am.

• ‘Entry date’ means either the date a cheque orother item paid into your account appears on it,or the date you ask us to make a payment fromyour account. (In both instances, it is the datewe consider ourselves to have received yourpayment instruction).

• ‘Foreign payment’ means a payment which ismade within the UK in a currency other thansterling, or a payment (in any currency) which ismade to or from a bank which is not in the UK.

• ‘Guaranteed date’ means the date after whichit will no longer be possible for a cheque orother item paid into your account to be returnedunpaid, unless you give your consent as thePayee for this, or you are knowingly involved infraud.

• ' Internal transfer' means a payment madebetween 2 accounts where both the Payer'sbank account and the Payee's bank account isheld with Northern Bank Limited trading asDanske Bank.

• ‘Maximum execution t ime’ means in the caseof a payment out of your account, the latestdate by which we will have credited the payee’sbank (or its agent) with the payment. On someoccasions when using Business eBanking theperiod set out in the table may have to be

extended. See the notes to the Payment Table.• ‘Third Party Prov ider’ (‘TPP’) means an

independent provider of services which canof fer Account Information Services or PaymentInitiation Services to You;

• ‘Value date’ means the date by which we takeaccount of any item paid into your account, orany item paid out of your account, when wework out any relevant interest.

• ‘Withdrawal date’ means the date by whichyou will be able to withdraw the proceeds of acheque or any other item paid into youraccount.

37


38


Payment Table – Part 1 Payments into your account Notes on cash deposits and electronic payments

into your account

1. This applies if the deposit is counted by a cashier in yourpresence. Cash deposits made on a Saturday will beprocessed that day.

2. Cash deposits made in an express deposit box or Day Safeon a Saturday in a Danske Bank branch in Northern Irelandwill be processed that day.

3. Other UK banks may accept sterling cash deposits but theEntry date will always be the date we receive the funds.

4. You will need to agree the delivery time with the securitycarrier that delivers your deposits to the branch.

5. We reserve the right to rely on the details on thelodgement slip to make the credit entry to your account. Ifthere is a difference between the verified amount and thedetails on the lodgement slip, we will amend the creditentry.

6. The deposit must be received at the Danske Bank CashCentre in Northern Ireland before the Cut-off time. You willneed to agree the delivery time with the security carrierthat delivers your deposits to the Danske Bank CashCentre in Northern Ireland.

7. We cannot normally return funds which have been paid intoyour account. However, in special circumstances, we mayhave a duty to return the payment. We will always tell youof the reasons for this when it happens.

8. We will credit incoming CHAPS payments and FasterPayments on a Business Day (see definitions at the start ofthe Payment Table for more details).

9. If you withdraw funds against a Faster Payment before theValue date, you may receive less credit Interest or have topay debit Interest.

10. Standing orders can only be received via Faster Paymentsup until 6.00pm Monday to Friday (excluding English Bankholidays).

11. The Cut-off time applies to payments where we are advisedby the payer’s bank that it should be treated as having thesame day value.

12. The Value date will never be later than the date we receivethe funds, provided they are received before the Cut-offtime. The Value date will be shown on the advice note orother notification we send to you about the payment. If you withdraw funds against an incoming foreign paymentbefore the Value Date you may receive less credit interestor have to pay debit interest.

13. If you pay cash into your account (subject to the terms andconditions for your account) at a Post Office® branch wewill make the funds available to you immediately. The ValueDate will also be the same day that you made thelodgement. Although your available balance will be adjustedimmediately the Entry Date which appears on yourstatement will be the next Business Day.

14. For some Original Credits the Value Date will be the datethat the payment is actually credited to our bank account.

Payment type Method/channel of payment order Entry date Cut-off time Value date Withdrawal date

Cash deposits (in thesame currency as theaccount is held)

Over the counter at one of Our branches (see note1), at an express deposit box in one of Ourbranches (see note 2), or at another UK bank (see note 3).

Monday

Branch closing time Monday

Monday

Monday

Cash deposits (inpounds sterling, unlessit says otherwise) – viaNight Safe and DaySafe

Lodgement deposited via Night Safe at one of Ourbranches – to be opened by Bank

9.00am Monday

Lodgement deposited via Night Safe at one of Ourbranches - to be opened by customer


Lodgement deposited via Day Safe facility at one ofOur branches

Monday (see note 2)

4.30pm MondayLodgement deposited via a 3rd party (such as

G4S) to a branch address (see note 4) Monday Monday(see note 5)

Cash Deposit made atDanske Bank CashCentre in NorthernIreland

Lodgement made directly to the Danske Bank CashCentre in Northern Ireland - where you are aCorporate Opt-out Customer

Monday4.00pm previous

Friday (see note 6)

Monday

Post Office® cashdeposits (sterling only– restrictions andlimits apply. See theterms and conditionsfor further details)

Over the counter at a Post Office® branch using aDanske Bank Mastercard Business Debit Card

Tuesday (see note 13)

Closing time for thePost Office® branchbeing used - Monday

Monday

Electronic payments

Bacs payment

Monday

N/A

Monday Monday(see note 7)

CHAPS payment (see note 8) 5.40pm Monday

Faster Payments Service [see notes 8 and 9] Midnight Monday

Faster Payments Service – standing order (see note 6.00pm Monday

Incoming foreign payment (all currencies) (see note 11)

4.00pm Monday

Monday or as shownon the payment

letter (see note 12)

Same as thevalue date

(see note 7)

Any Danske Bank branch in Northern Ireland Branch closing timeMonday

Monday Monday24 Hour Telephone Banking 11pm Monday

Business eBanking

Midnight MondayOriginal Credit (see note 14)

The date that wereceive the payment(note; this can be upto 2 days prior to theEntry date)

Same asvalue date

39


Cheques paid into your account The table below shows the processing times that will apply when you lodge a sterling cheque which is drawn on a bank in the UK and paid into your current orsavings account to clear (sometimes called the clearing cycle). It assumes that the cheque is paid in at a counter of a Danske Bank branch in Northern Ireland.You can also make a cheque payment into your account at most Post Of f ice® branches in Northern Ireland. It is important that you read the Notes to thissection carefully..

Note: Cheques drawn on a Northern Ireland bank cannot be presented for payment on a Northern Ireland bank holiday.

Where the Image Clearing Process applies – all times are quoted using 24 Hour clock. The Image Clearing Process commenced on 30 October 2017 and willbe phased in during the period up to the end of 2018.

Where the Paper Clearing Process applies

Date of lodgement(see notes 5 and 6)

Cut-off timeEntry date

Value dateWithdrawal date

(see notes 2, 3 and 4)Guaranteed date

Date original chequeis destroyed

Monday Branch closing time MondayTuesday

(00.01 hours)Tuesday

(by 23.59 hours)Tuesday

(23.59 hours)Thursday

Saturday (see note 1) Branch closing time SaturdayTuesday

(00.01 hours)Tuesday

(by 23.59 hours)Tuesday

(23.59 hours)Thursday

Bank the cheque was drawn onDate of lodgement

(see notes 5 and 6)Cut-off time Entry date Value date

Withdrawal date (see notes 3 and 4)

Guaranteed date

Any Danske Bank branch in Northern Ireland (see note 1) Monday Branch closing time Monday MondayTuesday

(23.00 hours)Close of business

Tuesday

Northern Ireland branch of one of the other 3 clearing banksin Northern Ireland (that is, Ulster Bank, Bank of Ireland and

First Trust Bank) or an English or Scottish BankMonday Branch closing time Monday

Wednesday (00.01 hours)

Friday(09.30 hours)

Close of businessTuesday of the following week


Notes on cheque payments into your account

1. If you deposit a cheque, at one of our branches, to abank account held with us on a Saturday, the Entrydate will be Saturday, and all other dates in theclearing process will be as detailed in the tableabove.

2. The exact time when the amount of the cheque canbe withdrawn will not be separately advised to you.However you will notice that your available balancewill have been changed by the amount of the cheque.You can view your available balance within BusinesseBanking or at any of our cash machines byrequesting a mini statement.

3. If you withdraw funds against a cheque before theValue date, you may receive less credit interest orhave to pay debit interest. If you withdraw against acheque before the Guaranteed date and it isreturned unpaid, you will still be liable (legallyresponsible) for the amount of the cheque and anycredit interest paid, and we may charge theseamounts to your account. If your account is or goesoverdrawn, you may also have to pay debit interestand other charges. See our ‘Interest rates’ and ‘Feesand service charges explained’ leaf lets for moredetails.

4. We have the right to prevent you from withdrawingfunds against a cheque before the Withdrawal date.

5. If you deposit cheque(s) at a Post Of f ice® branchbefore the cut of f time which applies at that PostOf f ice® branch, we will receive the cheque(s) forprocessing on the next Business Day and that will bethe Entry date for the purposes of the table set outabove. Cut of f times at Post Of f ice® branches willvary and you should check with the Post Of f ice®branch for details.

6. If you deposit cheques at a Post Of f ice® branchafter the cut of f time applicable to that Post Of f ice®branch, we will receive the cheques for processingtwo Business Days after the day you made thedeposit. The Entry date, for the purposes of theabove tables, will be two Business Days after youmade the deposit at the Post Of f ice®.

40

41


Payment Table – Part 2 Payments out of your accountIf you wish to be certain that a payment will be made from your account you should ensure that there are suf f icient cleared funds in your account at the Cut-of f timespecif ied in the table below at the time that the payment is due to be taken from your account.

Payment type Method/channel of payment order Entry date Cut-off time Value date Maximumexecution time

Current standard spending limits (if theseapply) (see note1)

Cash withdrawals (inpounds sterling, unless itsays otherwise)(see note 16)

Over the counter at one of Our branches (see note 2)

Monday


Monday

Monday For withdrawals of large cash amounts orspecific note denominations, you may needto give notice to your branch (see note 3)

Cashback at the point of sale – for example, a supermarket or petrol station (see note 4) Midnight Monday

Midnight Monday

Monday, before 8pmMonday, after 8pm

Midnight Monday

Scheme limits apply. Retailers’ limits applyup to the level of the scheme limits

From cash machines · At Danske Bank in the UK

· At another UK Bank (see note 5)

· At a foreign bank (see note 4)

Monday

TuesdayWednesday

Wednesday

Mastercard Business Debit Card £350 eachday. You can ask us to adjust spending limits

Electronic payments –internal transfers [knownas 'Account transfer-Internal' in BusinesseBanking]

Any Danske Bank branch in Northern Ireland

Monday


Monday Monday Does not apply

24 Hour Telephone Banking 11.00pm Monday

Standing order 9.30pm Monday (see note 6)

Business eBanking and where you are accessing the Account using the services of a TPP that uses the Open BankingAPIs (see notes 17 and 19)

Midnight Monday

Business eBanking - with conversion (see notes 12 and 17) 5.30pm Monday (see note 15)

Electronic payments –Faster Payments Service[see note 7)

Any Danske Bank branch in Northern Ireland

Monday

Branch closing time Monday Monday (paymentsmade before 3.30pm)

Tuesday (paymentsmade after 3.30pm)

Monday

£100,000 per payment

24 Hour Telephone Banking

Midnight Monday

£50,000 daily limit

Business eBanking and where you are accessing the Account using the services of a TPP that uses the Open BankingAPIs (see notes 17 and 19)

£100,000 per payment

Electronic payments –CHAPS payments

CHAPS - at any Danske Bank branch in Northern IrelandMonday

Monday 4.30pmMonday Monday Does not apply

CHAPS - via Business eBanking (see note 17) Monday 5.00pm

Electronic payments –standing orders (see note 8)

Standing Order – Faster Payments ServiceMonday 9.30pm Monday (see note 6)

Monday (paymentsmade before 3.30pm)

Tuesday (payments madeafter 3.30pm)

Monday£100,000 daily limit

Standing Order – CHAPS payment Does not apply

Electronic payments –Direct Debit

UK Direct Debit Scheme

Monday

Midnight Sunday (see note 6)

Monday Monday Does not applySEPA Core Direct Debit Scheme (Euro Currency Accounts only) Midnight Sunday

SEPA B2B Direct Debit Scheme (Euro Currency Accounts only) Midnight Sunday

Electronic payments –Bacs Payment using aBacs Service UserNumber

Bacstel-IP Service User - Indirect submitter using Business eBanking - Credit Transactions (see note 9)

Wednesday

5.30 pm Monday Wednesday Wednesday Bacstel-IP Service Limit (see note 10)

Bacstel-IP Service User – Indirect submitter using Business eBanking - Direct Debit Transactions (see note 9) 5.00pm Monday

Wednesday Wednesday Bacstel-IP Service Limit (see note 10)Bacstel-IP Service User - Indirect Submitter using Commercial Computer or In-House Bureau (see note 9) 10.30 pm Monday

Bacstel-IP Bacstel-IP Service User - Direct Submitter (see note 9) 10.30 pm Monday

Electronic payments –Point of Sale

Point of Sale Transactions – domestic, foreign (all currencies), eCommerce and Domestic or Foreign recurringtransactions (all currencies) (see note 4) Monday Midnight Monday Monday Monday Does not apply

42


Electronic payments - Outgoing foreign payments (Express and Standard) and transfer to your own account within or outside Danske Bank Group [known asGroup Payment][see note 11] – at any Danske Bank branch in Northern Ireland and through Business eBanking

Type of payment order Destination bank Conversion (See note 12)

Currencies (see note 13) Entry date Cut-off time Value date

Maximum executiontime

(See note 18)

Standard

Within the Danske BankGroup

With and without conversion EURO

Monday Monday 4.30pm Monday

Monday

Without conversion

BGN, CHF, CZK, DKK, GBP, HRK, HUF, ISK, NOK, PLN, RON, SEK Monday

All Non EEA currencies Wednesday

With conversionAll EEA currencies (except EURO) Tuesday

All non EEA currencies Wednesday

Outside the DanskeBank Group

With and without conversion EURO Tuesday

With and without conversionAll EEA currencies (except EURO) within the EEA Tuesday

All other non-EEA currencies Wednesday

Express

Within the Danske Bankgroup

With and without conversion EURO (see note 14)

Monday

Monday 4.30pm Monday Monday

Without conversion

BGN, CHF, CZK, DKK, GBP, HRK, HUF, ISK, NOK, PLN, RON, SEK

(See note 14)Monday 4.30pm Monday Monday

USD Monday 2.30pm Monday Monday

All other Non EEA currencies Monday 2.30pm Tuesday Tuesday

With conversion

DKK, GBP, NOK, SEK, USD Monday 2.30pm Monday Monday

BGN, CHF, CZK, HRK, HUF, ISK, PLN, RON Monday 10.00am Monday Monday

All other non EEA currencies Monday 2.30pm Tuesday Tuesday

Outside the DanskeBank Group With and without conversion

EURO and DKK, GBP, NOK, SEK, USD Monday 2.30pm Monday Monday



Group Payment -Transferto own account within theDanske Bank Group (seenote 11)

Within the Danske BankGroup With and without conversion EURO and all other currencies Monday Monday 5.30pm

(see note 15) Monday Monday

Group Payment OutsideDanske Bank Group(see note 11)

Outside the DanskeBank Group With and without conversion

EURO and DKK, GBP, NOK, SEK, USD

Monday

Monday 2.30pm Monday Monday



43


Notes on payments out of your account

1. Spending limits can be changed. We will g ive younotice by updating the Payment Table (available onour website) of the limits from t ime to t ime.Spending limits also depend on the availablebalance in your account. For Business eBankingcustomers spending limits will also depend onwhether you have approved any payment limits onusers or accounts.

2. Where a counter serv ice is available on a Saturdaycash withdrawals at the counter will be processedthat day.

3. The Bank reserves the right to limit the amount ofcash that you can withdraw from your account atany one t ime. Where you require to make a largewithdrawal then the Bank may decide to makepayment to you using alternative means other thancash. For example the Bank may decide to makethe payment to you by banker’s draf t.

4. The Entry date is normally the Business Day af terthe transaction took place but can be later. Wemay reduce the available funds on your account atthe t ime the transaction takes place.

5. The Entry date is normally the Business Day af terthe transaction took place if the transaction wasmade before 8pm, but can be later. We may reducethe available funds on your account at the t ime thetransaction takes place.

6. The Cut-of f t ime varies depending on the type ofpayment and the type of account you hold. Youshould make arrangements to have suf f icientcleared funds in your account by midnight onSunday and to retain those funds in your accountuntil the standing order or direct debit is taken outof your account on Monday, if you want to be surethat the payment will be made.

7. If you send a Faster Payment on a Saturday orSunday or English Bank holiday or af ter the Cut-of ft ime we will treat the payment as being sent forthe purposes of calculation of interest on thefollowing business day, where that is not aSaturday, Sunday or English Bank holiday.

8. In accordance with the terms and condit ions foryour account, we will select the method by whichthe payment is sent. If the payment is sent byCHAPS, the payee's bank may charge a fee.

9. Bacs Serv ice Users are assumed for the purposesof this Payment Table to send their f iles to Bacs onMonday.

10. You must operate within the f inancial limit we haveagreed with you for the purposes of the Bacstel-IPServ ice. If this is breached you may be charged.

11. A Group Payment is a payment made to an accountin your name or, whenever it applies, to an accountin the name of your parent company, or subsidiarycompany, or any company which has the sameparent company as you.

12. This table assumes conversion takes place at thepayer’s bank. Conversion is where you ask us tosend the payment in a currency which is dif ferentto the currency of your account. We will carry outthe currency conversion before the payment issent.

13. This column details the currency in which thepayment is sent. Euro (EUR), Bulgarian Lev (BGN),Swiss Francs (CHF), Czech Koruna (CZK), DanishKroner (DKK), Pounds Sterling (GBP), CroatianKuna (HRK), Hungarian Forint (HUF), IcelandicKroner (ISK), Norwegian Kroner (NOK), Polish Zloty(PLN), Romanian Lei (RON), Swedish Kronor (SEK),US Dollar (USD).

14. The Express serv ice of fered for this type oftransaction is the same as the Standard serv ice.Standard serv ice fees will apply if you select theExpress serv ice.

15. If the payment requires a currency conversion andthe amount is over £25,000 then the Cut-of f t imeis 5.00pm

16. Where you make a withdrawal at a Post Of f ice®branch (subject to the terms and condit ions of youraccount) the Entry date which will appear on yourbank statement will be the next business day af teryou make the withdrawal. This means, for example,that if you withdraw cash at a Post Of f ice® on aFriday or Saturday the Entry date for the purposesof the above table, will be Monday.

17. Sometimes, for your added protection we need tocarry out extra checks before making a paymentthrough Business eBanking. Where this applies theMaximum Execution Time will be either the t imeset out under the relevant column of the PaymentTable or the close of business on the followingBusiness Day - whichever is the later. We will not

always contact you to tell you that the paymentmay be delayed.

18. Sometimes, for your added protection we need tocarry out extra checks before making an outgoingforeign payment through Business eBanking.Where this applies the Maximum Execution Timewill be either (a) the t ime set out under the relevant column of

the Payment Table; or(b) in the case of Euro payments or a payment

which has been converted to Euro beforebeing made, the close of business on thefollowing Business Day; or

(c) in the case of a payment which is not Euro(but is in an EEA currency) to another bankwithin the EEA the close of business on thefourth Business Day af ter the day we receivedthe payment instruction

- whichever is the later. We will not always contactyou to tell you that the payment may be delayed.

19. When you make a payment out of your accountusing the serv ices of a TPP which uses Screen-scraping the payment will be made using ourBusiness eBanking serv ice.


Cheques paid out of your account

Note: Cheques drawn on a Northern Ireland bank cannot be presented for payment on a Northern Ireland bank holiday.

Where the Image Clearing Process applies – – all times are quoted using 24 Hour clock. The Image Clearing Process commenced on 30 October 2017 and willbe phased in during the period up to the end of 2018.

Where the Paper Clearing Process applies

Date of lodgement by payee (see notes 1 and 2)

Entry date Value datePay/no pay decision

(see notes 3, 4 and 5)

MondayTuesday

(between 00.30 and 07.00 hours)Tuesday

(between 00.30 and 07.00 hours)Tuesday

(between 00.30 and 15.30 hours)

Date oflodgement by payee

(see note 1)

Entry date Value datePay/no pay decision

(see notes 3, 4, 5 and 6)

Cheque lodged at a Danske Bank branch to anaccount held with Danske Bank

MondayMonday

(at time of lodgement)Monday

(at time of lodgement)Tuesday

(by 15.30 hours)

Cheque lodged to one of the other 3 clearingbanks in Northern Ireland (that is, Ulster bank,Bank of Ireland or First Trust Bank)

Monday Wednesday WednesdayWednesday

(15.30 hours)

Cheque lodged to another bank in the UK Monday Thursday ThursdayThursday

(15.30 hours)

44


Notes on cheque payments out of your account

1. This can be any time after you give the cheque to thepayee – this table assumes that day is Monday andbefore the cut of f time at the place where the lodgementtakes place.

2. A cheque can be lodged in many ways including over acounter of the Bank, through another bank or in someinstances a bank may accept lodgements made using adigital image of a cheque provided that the digital imagemeets the requirements set out in Cheque ClearingSystem rules.

3. You can ask us to stop a cheque before the ‘pay’ decisionhas been made. We will use best endeavours to complywith your instruction within a reasonable period of timebut we cannot guarantee that we will be able to do so.You should contact us in the following way if you want usto stop a cheque: telephone us at 0345 6002882. Linesare open between 8am and 8pm Monday to Friday andbetween 9am and 4.30pm Saturdays and Sundays,except for bank holidays or other holidays in NorthernIreland when the bank is not open for business. Callcharges may vary. Please contact your phone companyfor details. We may record or monitor calls to conf irmdetails of our conversations, for your protection, to trainour staf f and to maintain the quality of our service.

4. If we decide not to pay a cheque we will reverse anyaccounting entries. You will also have to pay the fee setout in our ‘Fees and service charges explained’ leaf let.

5. Where your account would go into an unarrangedoverdraft if we decided to pay a cheque we will not makethat decision until after 14.00 hours. A decision willalways be made before 15.30 hours.

6. We will not notify you once a decision to pay a chequehas been made. If a decision has been made not to paythe cheque then the accounting entries will be reversedafter 15.30 hours and we will send you a notice settingout the reason for our decision.

45

46

Special Terms and Conditions – Business Current Accounts

Sect ion 2

Special Terms and Conditions –Business Current Accounts

This section sets out the Special Terms andConditions which apply to the following businesscurrent Accounts. These Special Terms andConditions are in addition to the General Termsand Conditions – Business Accounts. Unlessotherwise stated where any Special Terms andConditions are not consistent with the GeneralTerms and Conditions then the Special Terms andConditions will apply to the extent of thatinconsistency in relation to the relevant Account.

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate Corporate Opt-out notif ication providedto You. To enable You to identify the Conditions thatapply dif ferently to You and to allow You to compareYour terms with those that apply to retail and smallbusiness customers, the Conditions that apply toYou which are dif ferent are shaded in grey, and thedif ferences explained. The grey shading is for easeof reference only, and is not intended to form partof this Agreement.


If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are aCorporate Opt-Out Customer the sectionscontained in grey shaded areas do not apply to Youand do not form part of Your Agreement with Us.


Danske Large Business

1. A Danske Large Business Account can onlybe used for business purposes and must beoperated in sterling.

2. If You ask us to open a business currentaccount for You We will open a Danske LargeBusiness Account where You satisfy one ormore of the following criteria:-i) Except where We have agreed with You

that Your Account will be designated as aFeeder Account, You are managed by (orYou have been told that You will bemanaged by) a Relationship Manager inone of our Business Centres or CorporateBanking teams; and/or

ii) Where You have an existing businesscurrent account with Us, that account isdesignated as a Danske Large BusinessAccount.

The fees and service charges which apply toa Danske Large Business Account are setout in the ‘Fees and service chargesexplained - Business Accounts’ leaf let.

3. Where We determine that You will no longerbe managed by a Relationship Manager orthat You no longer meet the eligibilityrequirements for the Danske Large BusinessAccount We will write to You to tell You. Wewill inform You that You may decide to

change Your Account to another Accounttype that We of fer. We will give Youinformation about the terms and conditions,fees and service charges and interest ratesthat apply to other Accounts. If, as a result,You decide to change Your Account then Youwill need to advise Us in writing.

4. Where We change one of Your CurrentAccounts as a result of the matters set outin Clause 3, then all of Your CurrentAccounts will be changed at the same time.

5. A wide range of Services is available with theAccount. Further details are available onrequest. Availability of each Service issubject to terms and conditions including ageand status.

6. Business eBanking and Third Party Providers6.1 The Account is accessible online.6.2 Provided that You have registered for

Business eBanking, You can access theAccount using the services of a TPP asfollows:(i) You can use a TPP which provides

Account Information Services; and/or(ii) You can use a TPP which provides

Payment Initiation Services.

Danske Small Business

1. A Danske Small Business Account can onlybe used for business purposes and must beoperated in sterling. The Danske SmallBusiness Account can be opened or operatedas a Danske Small Business PackageAgreement with Us. Where the Account isopened or operated as part of a DanskeSmall Business Package then Clause 21 ofthe General Terms and Conditions – BusinessAccounts will apply.

47


The fees and service charges which apply toa Danske Small Business Account are setout in the ‘Fees and service chargesexplained - Business Accounts’ leaf let.

2. If You ask us to open a business currentaccount for You We will open a Danske SmallBusiness Account where i) You are not managed by (or You have not

been told that You will be managed by) aRelationship Manager in one of ourBusiness Centres or Corporate Bankingteams and You are not eligible to open aDanske Charity Account or a DanskeCommunity Account;

andii) You satisfy one of the criteria set out

below:-• You have an existing business current

account with Us which is designated as aDanske Small Business Account; or

• You have no existing business accountwith Us and wish to open a Danske SmallBusiness Account; or

• You have agreed with Us that the Accountwill be designated as a Feeder Account.

3. If We determine that You are no longereligible for the Danske Small BusinessAccount We will write to tell You the reasonwhy we think this is the case. You will thenhave 2 months to change Your Account toanother Account that We of fer and that Youmeet the eligibility criteria for. We will alsoadvise You what Account We willautomatically move Your Account to at theend of the notice period if We have not heardfrom You.

4. Where We change one of Your CurrentAccounts as a result of the matters set out

in Clause 3, then all of Your CurrentAccounts will be changed at the same time.

5. Where We have agreed with You that theAccount will be designated as a FeederAccount then the Account can only be usedfor the purposes set out in this Clause 5. Youcan only open and operate one FeederAccount with Us. A Feeder Account is not apayment account under the PaymentServices Regulations 2017 and You may notaccess the Account using the services of aTPP.

5.1 A Feeder Account may only be used for:• the advancing by the Bank of funds to You

pursuant to any loan agreement betweenthe Bank and You, by remittance of thosefunds from an associated business loanaccount;

• the collection of funds and remittance ofthose funds to an associated businessloan account towards discharge of theperiodic interest payments and/or capitalreductions agreed under the terms of theassociated business loan. In this regardYour specif ic attention is drawn to Clause5.3(e) in the General Terms andConditions - Business Accounts whichwill apply;

• the adjustment of any balances betweenthe Bank and You in respect of suchbusiness loan; and

• transferring funds to and receiving fundsfrom a Danske Fixed Term DepositAccount.

5.2 We will only collect and hold funds in theFeeder Account to meet repayments to andfrom Your loan account(s) or to transfer to orreceive funds from Your Danske Fixed TermDeposit Account(s) with Us.

5.3 You may only make payments from YourFeeder Account into Your loan account(s) orDanske Fixed Term Deposit Account(s) withUs. You may also withdraw such funds whichhave come from Your loan account(s) orDanske Fixed Term Deposit Account(s) withUs, in a way agreed between Us and thereare suf f icient available funds in Your FeederAccount.

5.4 We will not charge You for operating theFeeder Account providing it is only used tocollect and hold funds to meet payments toand from Your loan account(s) or to transferto or receive funds from Your Danske FixedTerm Deposit Account(s).

5.5 Payment services such as cash withdrawals,cheque payments, Direct Debits, StandingOrders [apart from the internal Standing

Order to make repayments on a loanaccount], CHAPS, Bacs, SWIFT forInternational Payments and InternalTransfers other than as payments to Yourloan account(s) or Danske Fixed TermDeposit Account(s) with Us are not availableon a Feeder Account.

5.6 A Mastercard Business Debit Card is notavailable on a Feeder Account.

5.7 There is no arranged Overdraft Service asdescribed in Clause 14 of the General Termsand Conditions - Business Accounts availableon the Feeder Account.

5.8 If You try to make a payment out of theFeeder Account (known as presenting anitem for payment), or interest or a fee orservice charge is applied to the FeederAccount which would have the ef fect ofcreating an Overdraft, then We will treat thisas an application for an unarranged

48


Overdraft and this will be dealt with inaccordance with the applicable provisions inClause 14 of the General Terms andConditions - Business Accounts.

6. Except where the Account is a FeederAccount, a wide range of Services isavailable with the Account. Further detailsare available on request. Availability of eachService is subject to terms and conditionsincluding age and status.


Business eBanking, You can access theAccount (except where the Account is aFeeder Account) using the services of a TPPas follows:(i) You can use a TPP which provides



Danske Small Business Digital

1. A Danske Small Business Digital Accountcan only be used for business purposes and must be operated in sterling.

2. The fees and service charges which apply toa Danske Small Business Digital Account areset out in the ‘Fees and service chargesexplained - Business Accounts’ leaf let.

3. If You ask us to open a business currentaccount for You We will open a Danske SmallBusiness Digital Account where i) You are not managed by (or You have not

been told that You will be managed by) aRelationship Manager in one of our

Business Centres or Corporate Bankingteams and You are not eligible to open aDanske Charity Account or a DanskeCommunity Account;and

ii) You satisfy one of the criteria set outbelow:-• You have an existing business current

account with Us which is designatedas a Danske Small Business Account(but is not a Feeder Account) and Youhave advised Us that You wish totransfer that account to a DanskeSmall Business Digital Account; or

• You have no existing businessaccount with Us and wish to open aDanske Small Business DigitalAccount.






Danske Charity Account

1. A Danske Charity Account can only be usedfor business purposes and must be operatedin sterling.

2. If You ask us to open a business currentaccount for You We will open a DanskeCharity Account where You have provided Uswith satisfactory evidence that You are arecognised charity and are registered assuch with HM Revenue & Customs and/orThe Charity Commission for England andWales and/or The Of f ice of the ScottishCharity Regulator and/or the CharityCommission of Northern Ireland (whereapplicable). The fees and service chargeswhich apply to a Danske Charity Account areset out in the ‘Fees and service chargesexplained - Business Accounts’ leaf let.

3. If We determine that You are no longereligible for the Danske Charity Account Wewill write to tell You the reason why we thinkthis is the case. You will then have 2 monthsto change Your Account to another Accountthat We of fer and that You meet theeligibility criteria for. We will also advise Youwhat Account We will automatically moveYour Account to at the end of the noticeperiod if We have not heard from You.



49


6. Details of the Credit Interest rates payableon the Danske Charity Account are set out inOur 'Interest rates' leaf let. We will calculatethe Credit Interest on a daily basis on thecleared credit balance on Your Account.





Danske Community Account

1. A Danske Community Account can only beused for business purposes and must beoperated in sterling.

2. If You ask Us to open a business currentaccount for You and You are anunincorporated club, society or associationand You have provided the Bank with suchevidence as it may require setting out therules/constitution of Your unincorporatedclub, society or association We will open a

Danske Community Account for You. The feesand service charges which apply to a DanskeCommunity Account are set out in the ‘Feesand service charges explained - BusinessAccounts’ leaf let.

3. If We determine that You are no longereligible for the Danske Community AccountWe will write to tell You the reason why wethink this is the case. You will then have 2months to change Your Account to anotherAccount that We of fer and that You meet the

eligibility criteria for. We will also advise Youwhat Account We will automatically moveYour Account to at the end of the noticeperiod if We have not heard from You.







Danske Serv icing Account Business

Where We have agreed with You that You arerequired to open or operate a Servicing Accountthen the Account can only be used for thepurposes set out in these Special Terms andConditions. You can only open and operate oneServicing Account with Us.

1. A Servicing Account may only be used for: • the advancing by the Bank of funds to You

pursuant to any loan or mortgageagreement between the Bank and You, byremittance of those funds from anassociated loan or mortgage account;

• the collection of funds and remittance of

those funds to an associated loan ormortgage account towards discharge ofthe periodic interest payments and/orcapital reductions agreed under theterms of the associated loan or mortgageagreement. In this regard Your specif icattention is drawn to Clause 5.3(e) in theGeneral Terms and Conditions - BusinessAccounts which will apply;

• the adjustment of any balances betweenthe Bank and You in respect of such loanor mortgage account; and

• transferring funds to and receiving fundsfrom a Danske Fixed Term DepositAccount.

2. We will only collect and hold funds in theServicing Account to meet repayments toand from Your loan or mortgage account(s)or to transfer to or receive funds from YourDanske Fixed Term Deposit Account(s) withUs.

3. You may only make payments from YourServicing Account into Your loan or mortgageaccount(s) or Danske Fixed Term DepositAccount(s) with Us. You may also withdrawsuch funds which have come from Your loanor mortgage account(s) or Danske Fixed TermDeposit Account(s) with Us, in a way agreedbetween Us and there are suf f icient availablefunds in Your Servicing Account.

4. We will not charge You for operating theServicing Account providing it is only used tocollect and hold funds to meet payments toand from Your loan or mortgage account(s)or to transfer to or receive funds from YourDanske Fixed Term Deposit Account(s).

5. Payment services such as cash withdrawals,cheque payments, Direct Debits, StandingOrders [apart from the internal Standing

50


Order to make repayments on a loanaccount], CHAPS, Bacs, SWIFT forInternational Payments and InternalTransfers other than as payments to Yourloan or mortgage account(s) or Danske FixedTerm Deposit Account(s) with Us are notavailable on a Servicing Account. TheAccount is not a payment account under thePayment Services Regulations 2017 and Youmay not access the Account using theservices of a TPP.

6. A Debit Card is not available on a ServicingAccount.

7. There is no arranged Overdraft Service asdescribed in Clause 14 of the General Termsand Conditions - Business Accounts availableon the Servicing Account.

8. If You try to make a payment out of theServicing Account (known as presenting anitem for payment) where You do not havesuf f icient funds in Your Account to make thepayment then We will not make the payment.

9. Business eBanking and Third PartyProv iders

The Account is not a payment account. Youwill not be able to access the account usingthe services of a TPP which uses the OpenBanking APIs.

Danske Enterprise(Of fsale with ef fect from 1 February 2013)

1. Opening an Account1.1 The Danske Enterprise Account is only

available as part of a Danske EnterprisePackage. A Danske Enterprise Package isavailable to business customers and issubject to status.

1.2 In order to maintain the Danske EnterpriseAccount You must remain the holder of aDanske Enterprise Package.

2 Mastercard Business Debit Card2.1 You may apply for a Mastercard Business

Debit Card to be issued to You. Availability ofthe Card is subject to age and status. Use ofthe Card is subject to the terms andconditions applicable to the Card.

3. Business eBanking and Third PartyProviders

3.1 The Account is accessible online.3.2 Provided that You have registered for




Danske Enterprise Plus(Of fsale with ef fect from 1 February 2013)

1. Opening an Account1.1 The Danske Enterprise Plus Account is only

available as part of a Danske Enterprise PlusPackage. A Danske Enterprise Plus Packageis only available to business customers andis subject to status.

1.2 In order to maintain the Danske EnterprisePlus Account You must remain the holder ofa Danske Enterprise Plus Package.

2. Mastercard Business Debit Card 2.1 You may apply for a Mastercard Business

Debit Card to be issued to You. Availability ofthe Card is subject to age and status. Use ofthe Card is subject to the terms andconditions applicable to the Card.

3. Business eBanking and Third PartyProviders

3.1 The Account is accessible online.3.2 Provided that You have registered for




Sect ion 3INTENTIONALLY LEFT BLANK

51

Special Terms and Conditions – Lodgement Services

Sect ion 4Special Terms and Condit ions – Lodgement Serv ices

These Special Terms and Conditions are in additionto the General Terms and Conditions – BusinessAccounts. Unless otherwise stated where anySpecial Terms and Conditions are not consistentwith the General Terms and Conditions then theSpecial Terms and Conditions will apply to theextent of that inconsistency in relation to therelevant Account.

Lodgement Services comprises the Night SafeLodgement Service and / or the ExpressLodgement Service which are available with anyBusiness Current Account and with the BusinessInvestment Account and are subject to thefollowing Special Terms and Conditions.

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate Corporate Opt-out notif ication providedto You. To enable You to identify the Conditionsthat apply dif ferently to You and to allow You tocompare Your terms with those that apply to retailand small business customers, the Conditions thatapply to You which are dif ferent are shaded in grey,and the dif ferences explained. The grey shading isfor ease of reference only, and is not intended toform part of this Agreement.




Def init ions“Account” means any Business Current Accountor the Business Investment Account; “Day Safe” means a day safe situated insidecertain Bank Branches at which You may makedeposits using the Lodgement Service;“Deposit Bag” means the Bank’s deposit bagissued to You to contain a deposit using theExpress Lodgement Service; “Express Lodgement Serv ice” means theLodgement Service described in Clause 2 of theseSpecial Terms and Conditions;“Keys/Plastic Seals” means the closingmechanism for the Wallet consisting of a key orplastic tag that seals the Wallet;“Lodgement Serv ice” means the specialarrangements whereby, subject to these SpecialTerms and Conditions, You can make lodgements toYour Account using either the Night Safe or theDay Safe;“Night Safe” means a night safe situated outsidecertain Bank Branches at which You may makedeposits using the Lodgement Service;“Night Safe Lodgement Serv ice” means theLodgement Service described in Clause 1 of theseSpecial Terms and Conditions;“Night Safe Wallet” or “Wallet” means the Bank’swallet issued to You to contain a deposit using theNight Safe Service;

“Pay in Slip” means the Bank’s standard form fordetailing a deposit;“Seals” means the two closure mechanisms on aDeposit Bag consisting of the adhesive strip on thesection marked for cash contents and the adhesivestrip on the section marked for items other thancash contents;“Wallet” means the wallet which We have providedto You in connection with Your use of the NightSafe Lodgement Service;“You” means the customer or customers who usethe Night Safe Lodgement Service and/or ExpressLodgement Service and, if there is more than one,“You”means each of them separately and every twoor more of them jointly. You include Yoursuccessors and assigns, and in relation to Yourrights to operate the Night Safe LodgementService and/or Express Lodgement Service anyauthorised of f icer, employee, representative orauthorised signatory on Your Accounts actingwithin his or her authority.

1. Use of the Night Safe Lodgement Serv ice1.1 The Wallet(s) and the Keys/Plastic Seals

shall remain the property of the Bank, towhom they shall be returnable on demand ingood condition. One of the Keys for eachWallet shall be deposited by You with theBank.

1.2 The Night Safe is to be used only when theBank is closed, and You undertake that theKey to the door of the Night Safe shall at alltimes remain under Your control and be usedonly for the purpose of enabling You or Yourrepresentative to lodge the Wallet(s) andthat after making such lodgement the door ofthe Night Safe will be locked.

52


1.3 When You apply for the Night SafeLodgement Service You may choose to usethe facility to make lodgements to YourAccount or for temporary safe custody. Inboth cases You agree that until the NightSafe is opened and the Wallet removed by UsWe are not liable for the contents of theWallet and You should make such insurancearrangements as You deem appropriate toprotect the contents of the Wallet until suchtimes as it is opened by Us.

1.3.1 If You choose to make lodgements to YourAccount, the Bank is authorised to open theWallet(s) and to credit the contents thereofto Your Account.

1.3.2 If You choose temporary safe custody, theWallet shall be used solely for the purpose ofplacing therein cash or cheques fortemporary safe custody on behalf of You andthe Bank shall not be deemed to havereceived for the credit of the abovementioned Account any cash or chequesplaced in the Wallet(s) until an of f icial of theBank has opened the Wallet in Your presenceand paid in the contents to the credit of theAccount.

1.4 Any repairs to the Wallet(s) or Keys shall beexecuted exclusively by workmen nominatedby the Bank.

1.5 The Bank is entitled at any time to withdrawthe Night Safe facilities in accordance withClause 20 of the General Terms andConditions – Business Accounts.

1.6 Where, in accordance with Clause 1.3 above,You have chosen to use the facility to makelodgements to Your Account, by placing theWallet in the Night Safe in accordance withthese Terms and Conditions You give Your

consent for Us to treat any cheques or cashcontained in the Wallet together with anyinstruction on the Pay in Slip as aninstruction to treat any cash or chequescontained in the Wallet as a deposit to theAccount named on the Pay in Slip. Theamount found in the Wallet by the Bank shallbe deemed to be correct notwithstanding anydif ference there should be between thatamount and the sum stated on any enclosedPay in Slip. We will advise You if there is adif ference between the amount on the Pay InSlip and the amount found in the Wallet.

1.7 You authorise the Bank to issue from time totime to Your Branch/Account Manager suchadditional Wallet(s) as Your Branch/AccountManager may request the Bank to issueagainst Your signature for each suchadditional Wallet and You agree that theforegoing terms and conditions shall apply toall such additional Wallet(s).

1.8 You will ensure that any Wallet provided toYou is not released to any person notauthorised by You to use it on Your behalf.

1.9 You will notify Us without undue delay of anytheft, loss, misappropriation or unauthoriseduse of any Wallet provided to You by theBank. Details of how to contact Us are foundin Part 1 of the General Terms andConditions – Business Day Accounts underthe heading “How You can contact Us.”

2. Using the Express Lodgement Serv ice2.1 You may use the Express Lodgement Service

to deposit cash and cheques subject to theseterms and conditions.

2.2 Deposits using the Express LodgementService must:

(a) be made by using a Deposit Bag to makethe deposit either:(i) In a Day Safe on a Business Day

during the Bank’s business hours; or(ii) Where no Day Safe is available, the

Deposit Bag may be handed to amember of Bank Staf f at a designatedplace within the branch; or

(iii) In a Night Safe at any time (inaccordance with the terms andconditions applicable to the NightSafe Lodgement Service); and

(b) be made using a Deposit Bag whichcomplies with the following conditions:(i) any cash deposited must be enclosed

in the section of the Deposit Bagmarked for cash contents; and

(ii) any cheque deposited must beenclosed in the section of the DepositBag marked for items other than cashcontents; and

(iii) the Deposit Bag must contain a fullycompleted Pay in Slip accuratelyrecording the contents of the DepositBag; and

(iv) the Deposit Bag must fully display thePay in Slip referred to in (iii) above inthe clear window of the sectionmarked for items other than cashcontents; and

(v) the Deposit Bag must not contain anyitem other than those described in (i)to (iv) above; and

(vi) details of the contents of the DepositBag must be fully completed in therelevant sections on the front of theDeposit Bag; and

53

(v ii) the Deposit Bag must be completelysealed using the Seals; and

(viii) the Seals on the Deposit Bag mustbe fully intact, in no way damaged andwith no evidence of tampering; and

(c) be made to credit an Account.2.3 The Bank is not obliged to, but may in its

discretion, accept, retain or process anyattempted deposit using the ExpressLodgement Service which does not complywith Clauses 2.1 and 2.2 of these terms andconditions (a “Non-Conforming Deposit”) inrespect of any Non-Conforming Deposit theBank may in its discretion reject or returnthe relevant Deposit Bag to You unprocessedor partially processed.

2.4 You will ensure that any Deposit Bagprovided to You is not released to any personnot authorised by You to use it on Yourbehalf.

2.5 You will notify Us without undue delay of anytheft, loss, misappropriation or unauthoriseduse of any Deposit Bag provided to You by theBank. Details of how to contact Us are foundin Part 1 of the General Terms andConditions – Business Accounts under theheading “How You can contact Us.”

3 Credit ing Accounts3.1 Express Lodgement Service3.1.1 The Cut-Of f Times set out in Part 1 of the

Payment Table for cash deposits will apply toany deposit made using the ExpressLodgement Service – whether the depositcontains cash, cheques or a combination ofcash and cheques.

3.1.2 Deposit Bags transported to the Bank by athird party shall not be deemed to have been

received until delivered to the Bank by thethird party and the Entry Date will beconstrued accordingly. Deposits transportedto the Bank by a third party are subject to theapplicable Cut-Of f Time as set out in 3.1.1unless otherwise agreed with You in writing.

3.2 Night Safe Lodgement Service3.2.1 The Cut-Of f Times set out in Part 1 of the

Payment Table for cash deposits will apply toany deposit made using the Night SafeLodgement Service – whether the depositcontains cash, cheques or a combination ofcash and cheques.

3.3 Subject to Clause 1 and Clause 2 of theseSpecial Terms and Conditions, deposits madeusing the Lodgement Service will be creditedto the Account specif ied on the Pay In Slip inaccordance the terms and conditions for thatAccount.

3.4 Any credit to the Account pursuant to Clause3.3 is subject to the following:(a) The credit is subject to the Bank’s

verif ication of the contents of the DepositBag and / or Wallet.

You agree that Our records of the contents ofthe Deposit Bag and / or Wallet will beconclusive evidence of the accuracy of same.(b) We are not liable for any discrepancy

between the amount or details of thedeposit recorded on the Pay in Slip andthe actual contents of the Deposit Bagand / or Wallet verif ied by the Bank. TheBank will notify You of any suchdiscrepancy as soon as possible.

(c) To the extent of any such discrepancy the

Bank may:(i) reduce or reverse or partially reverse

the credit to the Account; or(ii) debit the Account or another

Account. If We debit another AccountWe will write to tell You why We havedecided to do this.

4. Liability4.1 The Bank will exercise due care and diligence

when counting and otherwise verifying thecontents of the Deposit Bag and / or WalletYou deposit.

4.2 Subject to Clause 4.1 of these terms andconditions, the Bank is not responsible forand excludes all liability for any loss ordamage (including any indirect orconsequential loss or damage) which Youmay suf fer or incur as a result of:(a) Your breach of any of these terms and

conditions; (b) any loss or theft of a Deposit Bag and / or

Wallet or its contents before it isdeposited with Us (which means the timethat We open the Night Safe or Day Safeand retrieve the Deposit Bag and/orWallet). You are advised to make suchinsurance arrangements as You deemappropriate to fully protect the contentsof the Wallet and/or Deposit Bag before itis opened by Us;

(c) any discrepancy between the amount ofthe details recorded on a Pay In Slip andthe actual contents of a Deposit Bag and /or Wallet containing that Pay In Slip asverif ied by Us;


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(d) any use of Lodgement Services by You,Your employees, contractors or invitees,whether or not authorised by You;

(e) the exercise by the Bank of its rightsunder these terms and conditions;

(f) the non-availability of any Day Safe orNight Safe for reasons which are due to(i) abnormal and unforeseeablecircumstances beyond Our control, theconsequences of which would have beenunavoidable despite all ef forts to thecontrary or (ii) Our obligations to complywith other applicable laws or regulations.

4.3 If You act fraudulently You will be liable, and ifYou act with intent or gross negligence Youmay be liable, to compensate Us for any lossor damage incurred by Us arising out of or inconnection with any claim demand or actionbrought against Us arising directly orindirectly from Your use of LodgementServices.

5. Termination5.1 You can terminate Your Lodgement Services

Agreement at any time by giving Us writtennotice. You must pay anything which You oweUs under the Agreement including interestand service charges.

5.2 Subject to Clause 20 in the General Termsand Conditions - Business, We can terminatethis Agreement by giving You at least twomonths’ notice. Such termination will notaf fect any obligations incurred by You underthese terms and conditions. All moneys dueand payable by You to the Bank under theseterms and conditions will immediatelybecome due and payable on the date oftermination.

5.3 If You are a Corporate Opt-out Customer then

We may terminate this Agreement by givingYou at least 30 days’ notice. Provided thatWe have given You notice, We can do this forany reason whether it is listed in Clause 20of the General Terms and Conditions -Business or not. Such termination will notaf fect any obligations incurred by You underthese terms and conditions. All moneys dueand payable by You to the Bank under theseterms and conditions will immediatelybecome due and payable on the date oftermination.

6. Stopping Your use of the Lodgement Service We may stop Your use of the Lodgement

Service on reasonable grounds relating tothe security of the Deposit Bag or Wallet, orif We suspect unauthorised or fraudulentuse of the Deposit Bag or Wallet. We mayalso stop Your use of the Lodgement Servicefor any of the reasons set out in Clause 9 ofthe General Terms and Conditions – BusinessAccounts. If We stop Your use of theLodgement Service We will wherereasonably possible (and where it would notbe a breach of security or be against the law)attempt to contact You in advance andexplain Our reasons for the action.

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Special Terms and Conditions – Business Savings Accounts

Sect ion 5Special Terms and Condit ions – Business Sav ings Accounts

This section sets out the Special Terms andConditions which apply to the following businessSavings Accounts. These Special Terms andConditions are in addition to the General Termsand Conditions – Business Accounts. Unlessotherwise stated where any Special Terms andConditions are not consistent with the GeneralTerms and Conditions then the Special Terms andConditions will apply to the extent of thatinconsistency in relation to the relevant Account.

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate Corporate Opt-out notif ication providedto You. To enable You to identify the Conditions thatapply dif ferently to You and to allow You to compareYour terms with those that apply to retail and smallbusiness customers, the Conditions that apply toYou which are dif ferent are shaded in grey, and thedif ferences explained. The grey shading is for easeof reference only, and is not intended to form partof this Agreement.


1.6 If We close Your Account under Clause 1.2or Clause 1.5 then We will give You at leasttwo months’ notice and We will either:i. transfer any balance in the Account to a

Danske Large Business Account whichWe will open in Your name. The termsand conditions which apply to DanskeLarge Business Account will be advisedto You when We open the Account forYou; or

ii. send You a cheque for the balance of YourAccount.

1.7 If You are a Corporate Opt-out Customer thenClause 1.6 will apply save that the period ofnotice can be less than two months but willalways be at least thirty days.

2. Interest2.1 You will receive interest at the appropriate

Business Investment Account Rate (‘theRate’). The Rate may be adjusted dependingon the balance in Your Account. The balancebands are set out in Our Interest Ratesleaf let. We will determine the Rate and anyadjustments to the Rate for each of thebalance bands internally. We can also changethe balance bands. We will give You twomonths’ written notice of any reductions tothe Rate or the adjusted Rate applicable toany balance band, or any changes in thebalance bands which are to Yourdisadvantage. If You do not tell Us that Youobject to the changes, before the date onwhich they are due to come into ef fect, thenthey will take ef fect on the date indicated. IfYou do object to the changes, then You have

If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are aCorporate Opt- Out Customer the sectionscontained in grey shaded areas do not apply to Youand do not form part of Your Agreement with Us.


Business Investment Account

1. Operation of the Account1.1 A minimum balance of £1 (one pound

sterling) is required to open and maintainYour Business Investment Account. There isno maximum limit to the amount You mayhold in the Account.

1.2 We reserve the right to close Your Account ifthe balance remains below £1(one poundsterling).

1. 3 You may close Your Account at any time.Such closure will only take ef fect when anyoutstanding transactions are completed.

1.4 The Business Investment Account is asavings Account and cannot be used for theday to day transactional activ ities of abusiness or for purposes which would beanalogous to those of fered by a BusinessCurrent Account.

1.5 We reserve the right to close any BusinessInvestment Account, and/or apply thestandard fees and service charges whichwould apply to a Business Current Accountto the Business Investment Account if Wereasonably believe that it is being operated ina manner which contravenes Clause 1.4.


the right to end this Agreement and closeYour Account immediately and without beingcharged anything extra.

2.2 If You are a Corporate Opt-out Customerthen Clause 2.1 will apply save that theperiod of notice can be less than two monthsbut will always be at least 30 days.

2.3 Where We increase the Credit Interest rateon Your Account We will make the changeimmediately. We will advise You of anyincrease to Your Credit Interest rate on Yournext regular statement.

2.4 Interest is calculated on a daily basis oncleared balances at the appropriate rate tothe last calendar day in March, June,September and December and applied toYour Account on the last calendar day of thequarter unless the last calendar day falls ona Saturday or Sunday, in which case interestwill be applied on the last Friday of thequarter irrespective of whether that is aBusiness Day or not. The amount of interestwill be taken into account for subsequentinterest calculations on the f irst calendarday in the following quarter.

2.5 Interest earned on the Account can betransferred to another designated accountwith the Bank on the dates when interest iscredited to the Account.

2.6 Credit Interest is payable as set out in Our"Interest Rates" leaf let. You can compareOur savings Accounts on Our Website or byrequesting information from Your Branch.


Business eBanking, You can access theAccount using the services of a TPP asfollows:

(i) You can use a TPP which providesAccount Information Services; and/or

(ii) You can use a TPP which providesPayment Initiation Services.

Danske Fixed Term Deposit Account

Def init ionsThe Def initions set out in the Bank’s GeneralTerms and Conditions – Personal Accounts orBusiness Accounts (as applicable) apply. Inaddition the following def initions apply to theseSpecial Terms and Conditions:

“Account” means a Danske Fixed Term DepositAccount opened by the Account Holder with Usunder these Terms and Conditions. An Account canbe opened in sterling only;

“Conf irmation” means details conf irming the amount of the deposit, the Fixed Term of thedeposit and the interest rate which will apply. AConf irmation is issued on the day the deposit isplaced in the Danske Fixed Term Deposit Accountand on each subsequent Rollover date;

“Fixed Term” or “Term” means the term which isset out in the Account Agreement or Conf irmationletter;

“Maturity Date” means the date on which theFixed Term as set out in the Account Agreement or Conf irmation letter ends;

“Rollover” means the automatic reinvestment ofthe balance in the Account (including accruedinterest unless you specif ically instruct us to payany accrued interest into Your Service Account) onthe Maturity Date on the basis of the terms set outin the Conf irmation letter which is issued to You atthe Maturity Date;

“Serv ice Account” means an account from Ourcurrent account range, a Business InvestmentAccount, a Midas Gold Account or a SummitAccount that you hold with the Bank in Yourname(s). You will be required to maintain a ServiceAccount for the duration of the Danske Fixed TermDeposit Account.

1. Opening an Account1.1 The Account is available to both business

customers including sole traders,partnerships, clubs, associations, charities,churches, trusts, societies, limitedcompanies, unlimited companies, limitedpartnerships and limited liabilitypartnerships who are running a designatedbusiness, and personal customers. Personalcustomers must be aged 16 years or over.

1.2 Personal Customers may open an Account ata Branch, or by telephoning 0800 66 00 33or via the Bank’s eBanking service. Apersonal Customer can only open an Accountvia the Bank’s eBanking service in their solename.

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1.3 Business Customers may only open anAccount at a Branch.

2. Cancellat ion rights2.1 Cancellation rights, as set out in Clause 23

of the General Terms and Conditions -personal accounts, do not apply to theAccount.

2.2 Cancellation rights under the FCA's BankingConduct of Business Rules do not apply tothe account.

2.3 You have no right to cancel the agreementonce the Fixed Term has commenced.

3. Operation of the Account3.1 The Account is available for a f ixed term of

either:(a) one, two or three weeks,(b) one, two, three, four, f ive, six, seven, eight,

nine, ten or eleven months,(c) one, two, three, four or f ive years, or(d) for any term ending on a specif ied date as

selected by You (subject to a minimumterm of seven days and a maximum termof f ive years); (“the Term”) (whichever Youselect at the date the Account is opened).

However, if you are a personal Customer andopen an Account via the Bank’s eBankingservice not all of the options listed above areavailable.

3.2 Deposits are only accepted on the date thatthe Account is opened or by close ofbusiness on the day before the Maturity Dateif the balance in the Account is rolled over

for another Term. Further deposits cannototherwise be made to Your Account but Youcan open more than one Danske Fixed TermDeposit Account.

3.3 Deposits must be made in cleared fundsfrom Your Service Account (by cash or bytransfer from another account where thefunds have cleared - see General Terms andConditions – Personal Accounts or BusinessAccounts (as applicable), Clause 3).

3.4 The minimum deposit required to open theAccount is £5,000 [f ive thousand poundssterling]. There is no maximum limit to theamount of funds You can invest. However, ifyou are a personal Customer and open anAccount via the Bank’s eBanking service, themaximum amount of funds You can invest is£1,000,000(One million pounds sterling).

3.5 For any one Danske Fixed Term DepositAccount, the minimum balance must not fallbelow £5,000 [f ive thousand poundssterling] (excluding interest accrued but notyet credited).

If this happens then the Account willcontinue to accrue interest at the ratespecif ied in the Conf irmation but at theMaturity Date, Rollover of the balance in theAccount for another Term will not bepermitted and the balance including anyinterest accrued will be automaticallytransferred to Your Service Account and theinterest rates and terms and conditions forYour Service Account will apply.

4. Withdrawals4.1 Withdrawals can normally only be made on

the Maturity Date. In special circumstances,You may apply to the Bank in writing to closethe Account (or make a withdrawal from theAccount) before the Maturity Date. If theBank approves Your application to close theAccount (or to make a withdrawal from theAccount) and the Term of the Account is forsix months or longer, Your Account will notbe closed (or the withdrawal will not be madefrom the Account) until ninety days after thedate the application is approved. For all otherTerms, the Account will be closed (or thewithdrawal will be made from the Account)on the date the application is approved. Anearly withdrawal charge is payable in theevent of early withdrawal or closure.

4.2 The early withdrawal charge will consist of afunding cost which is based on movementsin the interest rate market. These costs willbe advised to You at the time and may resultin You not achieving the rate of return aspublished. In addition an administration feeas set out in Our ‘Fees and service chargesexplained’ leaf let will be applied to YourAccount.

If You apply to make an early withdrawal orclose the Account prior to the Maturity DateYou may receive less money back than Youinitially deposited in the Account.

4.3 If You make an early withdrawal from theAccount, any agreement to Rollover theAccount will be cancelled.

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4.4 In addition to the terms of any Mandate Youhave signed in respect of Your Account theMandate holder will also be authorised to dothe following; (a) Close the Account early; and(b) Provide instructions in relation to the

Rollover of the Account.4.5 In the event of the death of the Account

Holder (or one of them if the Account is ajoint Account), the Account may be closedwithout any early withdrawal charge beingapplied.

5. Interest rates 5.1 Interest rates payable on Danske Fixed Term

Deposit Accounts are f ixed at the date ofreceipt of the initial lodgement andthereafter at each Maturity Date.

5.2 Interest rates are banded according to theamount deposited.

5.3 Details of interest rates are available fromany branch. Personal customers who applyfor the Account using the Bank’s eBankingservice will be able to see the Interest Rateapplicable to the Account prior to openingthe Account.

5.4 Interest accrues on a daily basis at theagreed rate and is credited to the Account onthe Maturity Date.

5.5 Save and except for an Account whereYou have selected a Term with a specif iedMaturity Date on Account opening, You canrequest Your Account to Rollover at eachMaturity Date, for the same Term at theinterest rate applicable at the Maturity Date.You can select to Rollover the Account(subject to any minimum threshold) on eitherof the following basis;• Capital and accrued Interest can be rolled

over• Capital can be rolled over and accrued

Interest paid to Your Service Account.

The Bank must receive any instructions inrelation to whether or not you wish theRollover to include accrued Interest by theclose of business on the day before theMaturity Date.

5.6 If no instructions regarding Rollover havebeen received prior to the Maturity Date,then, on that date, the balance in YourAccount will be automatically transferred toYour Service Account and the interest ratesand terms and conditions for Your ServiceAccount will apply.

6. Statements6.1 You will receive statements and letters

containing information about Your Accounton the occasions specif ied in the followingtable:

We will provide these statements to You on paperunless You have agreed that We may make thesestatements available to You in Your ElectronicMailbox (“e-box”) or where You have BusinesseBanking, Your eArchive, and the terms andconditions applicable to that service will apply.

Account Opening Letter

End of Tax Year Statement

10 Days BeforeMaturity Date

Letter if term of FixedTerm Deposit Account isgreater than one month

Rollover on Maturity Conf irmation Letter

Any paymenttransaction

Details will be provided toYou either by a statementor separate notif ication atthe time of the transactionor shortly after.

Transfer to ServiceAccount

Statement at the end ofthe month in which thepayment transactionoccurred.

Account Closure Statement

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7. 24 Hour Telephone Banking, eBanking and Business eBanking

7.1 Personal Customers may open in their solename and operate the Account using OureBanking services, subject to the SpecialTerms and Conditions for that service.Details are available on request.

7.2 Business Customers cannot open or operate,but may view, an Account using the Bank’sBusiness eBanking service, subject to theSpecial Terms and Conditions for thatservice. Details are available on request.

7.3 You will not be able to hear about or operatethe Account using Our 24 Hour TelephoneBanking service.

7.4 Not all of the facilities of fered through Our24 Hour Telephone Banking, eBanking andBusiness eBanking service are applicable tosavings Accounts. These Services are alsosubject to periods of routine maintenance.

Please note that We may record or monitor calls toconf irm details of Our conversations, for Yourprotection, to train Our staf f and to maintain thequality of Our service.

This service may be temporarily unavailable whenwe are carrying out routine maintenance.

Call charges may vary. Please contact Your phonecompany for details.

8. Variation The terms and conditions for Your Danske

Fixed Term Deposit Account will not bevaried during the f ixed term. Clause 27 of theGeneral Terms and Conditions (PersonalAccounts) and Clause 26 of the General

Terms and Conditions (Business Accounts)is not applicable to the Danske Fixed TermDeposit Account. In the event of any changein applicable law or regulation, We reservethe right to vary the terms and conditions ofYour Danske Fixed Term Deposit during thef ixed term.

9. Third Party Providers (TPPs) The Account is not a payment account. You

will not be able to access the Account usingthe services of a TPP which uses the OpenBanking APIs.

Treasury Fixed Term Deposit

Def init ionsThe Def initions set out in the Bank’s GeneralTerms and Conditions – Personal Accounts orBusiness Accounts (as applicable) apply. Inaddition the following def initions apply to theseSpecial Terms and Conditions:

“Account” means a Treasury Fixed Term DepositAccount opened by the Account Holder with Usunder these Terms and Conditions. An Account canbe opened in sterling or another acceptablecurrency;

“Conf irmation” means a letter conf irming theamount of the deposit, the Fixed Term of depositand the interest rate which will apply. A Conf irmation is issued on the day the deposit isplaced in the Treasury Fixed Term Deposit Accountand on each subsequent Rollover date;

“Fixed Term” or “Term” means the term which isset out in the Conf irmation letter;“Maturity Date” means the date on which theFixed Term as set out in the Conf irmation letterends;

“Rollover” means the automatic reinvestment ofthe balance in the Account (including capital andinterest) on the Maturity Date on the basis of theterms set out in the Conf irmation letter which isissued to You at the Maturity Date. Rollover willapply unless We receive Your contrary instructionsin accordance with Clause 3.5 of these Terms andConditions;

“Serv ice Account” means an account from Ourcurrent account range, a Business InvestmentAccount, a Midas Gold Account or a SummitAccount that You hold with the Bank in Yourname(s). You will be required to maintain a ServiceAccount for the duration of the Treasury FixedTerm Deposit Account.

1. Opening an Account1.1 The Account is available to both business

customers including sole traders,partnerships, clubs, associations, charities,churches, trusts, societies, limitedcompanies, unlimited companies, limitedpartnerships and limited liabilitypartnerships who are running a designatedbusiness and personal customers. Personalcustomers must be aged 16 years or over.

1.2 You may only open an Account at a Branch.


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2. Cancellat ion rights2.1 Cancellation rights, as set out in Clause 23

of the General Terms and Conditions –Personal do not apply to the Account.

2.2 Cancellation rights under the FinancialConduct Authority (FCA) Banking Conduct ofBusiness Rules do not apply to the Account.

2.3 You have no right to cancel once the FixedTerm has commenced.

3. Operation of the Account3.1 The Account is available for a Fixed Term of

either:(a) overnight;(b) one, two or three weeks;(c) one, two, three, four, f ive, six, seven, eight,

nine, ten, eleven or twelve months or;(d) for any term ending on a specif ied date as

selected by You (subject to a maximumterm of one year).

3.2 The minimum deposit required to open anAccount is £250,000 (two hundred and f iftythousand pounds sterling) or currencyequivalent. There is no maximum limit to theamount of funds You can invest.

3.3 Deposits must be made in cleared fundsfrom your Service Account (by cash or bytransfer from another account where thefunds have cleared - see Clause 3 in theGeneral Terms and Conditions – PersonalAccounts or Business Accounts (asapplicable)).

3.4 Deposits are only accepted on the date thatthe Account is opened or on the last day ofthe Term (“the Maturity Date”) if the balancein the Account is rolled over for anotherTerm. Further deposits cannot otherwise bemade to Your Account but You can open

more than one Treasury Fixed Term DepositAccount.

3.5 On the Maturity Date unless you instruct Usotherwise, the balance in the Account(including capital and any interest which hasbeen credited to the Account) will beautomatically reinvested for a new FixedTerm period which will be the same Term asthe previous period. The new interest ratewill be determined on the rollover date. IfYou do not want Us to rollover the balance ofyour Account you must inform the Bankbefore 2pm on the Maturity Date bycontacting your local branch or RelationshipManager, or by telephoning Danske BankMarkets on 028 9089 1100. You will besent a Conf irmation letter.

3.6 The minimum balance must not fall below£250,000 (two hundred and f ifty thousandpounds sterling) or currency equivalent. Ifthis happens then the Account will continueto accrue interest at the rate specif ied in theConf irmation but at the Maturity Date,Rollover of the balance in the Account foranother Term will not be permitted and thebalance including any interest accrued willbe automatically transferred to Your ServiceAccount and the interest rates and termsand conditions for your Service Account willapply.

4. Withdrawals4.1 Withdrawals can normally only be made on

the Maturity Date. In special circumstances,You may apply to close the Account (or makea withdrawal from the Account) before theMaturity Date. If the Bank approves your

application to close the Account (or to makea withdrawal from the Account) the Accountwill be closed (or the withdrawal will bemade from the Account) on the date theapplication is approved. An early withdrawalcharge is payable in the event of earlywithdrawal or closure.

4.2 The early withdrawal charge will consist of afunding cost which is based on movements inthe interest rate market. The earlywithdrawal charge will not exceed theinterest accrued on the amount withdrawn.These costs will be advised to You at thetime and may result in You not achieving theinterest rate that would otherwise have beenpaid.

4.3 In the event of the death of the AccountHolder (or one of them if the Account is ajoint Account), the Account may be closedwithout any early withdrawal fee beingapplied.

5. Interest Rates5.1 Interest rates payable on Treasury Fixed

Term Deposit Accounts are f ixed at the dateof receipt of the initial lodgement andthereafter at each Maturity Date where thebalance on the account is reinvested foranother Term.

5.2 You will be advised of the interest rate whichwill apply to Your Account in theConf irmation letter. This rate will apply forthe Fixed Term.

5.3 Information about current interest rates maybe obtained from Danske Bank Markets inNorthern Ireland by telephoning 028 9089 1100.

5.4 Interest accrues on a daily basis at theagreed rate and is credited to the Account onthe Maturity Date.

6. Statements6.1 Statements for Sterling Treasury Fixed Term

Deposit Accounts will usually be providedhalf yearly by post unless You have opted tohave statements made available through OurElectronic Mailbox Service.

6.2 Where a transaction occurs in any month astatement or other notif ication about thetransaction will be sent to You within amonth of the transaction having taken place.

6.3 Statements are not issued for non-SterlingTreasury Fixed Term Deposit Accounts.Instead You will receive a Conf irmation letter.

6.4 Where the Term of your Fixed Term DepositAccount is greater than one month, We willsend you a letter 14 days before theMaturity Date to remind You of the date thatyour Account is due to mature.

6.5 You must advise Us immediately if Yourstatement or any Conf irmation letter orother communication from Us contains anyinformation with which You disagree.

7. 24 Hour Telephone Banking, BusinesseBanking and eBanking

7.1 You may view, but not operate, a SterlingTreasury Fixed Term Deposit Account usingthe Bank’s Business eBanking Service oreBanking Service, subject to the SpecialTerms and Conditions for that Service.Details are available on request. You cannotview or operate, a non-Sterling TreasuryFixed Term Deposit Account using the Bank’sBusiness eBanking Service or eBankingService.

7.2 You will not be able to hear about or operatethe Account using the Bank’s 24 HourTelephone Banking Service.

7.3 Not all of the facilities of fered through Our24 Hour Telephone Banking, BusinesseBanking and eBanking Services areapplicable to savings Accounts. TheseServices are also subject to periods ofroutine maintenance.

Please note that We may record or monitor calls toconf irm details of Our conversations, for Yourprotection, to train Our staf f and to maintain thequality of Our service.

Call charges may vary. Please contact Your phonecompany for details.

8. Variat ion The terms and conditions for Your Treasury

Fixed Term Deposit Account will not bevaried during the Fixed Term. Clause 27 ofthe General Terms and Conditions (PersonalAccounts) and Clause 26 of the GeneralTerms and Conditions (Business Accounts)is not applicable to the Treasury Fixed TermDeposit Account. In the event of any changein applicable law or regulation, We reservethe right to vary the terms and conditions ofYour Treasury Fixed Term Deposit during theFixed Term.

9. Third Party Providers (TPPs) The Account is not a payment account. You

will not be able to access the Account usingthe services of a TPP which uses the OpenBanking APIs.

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63

Sect ion 6Special Terms and Condit ions – Mastercard Business Debit Card

This section sets out the Special Terms andConditions which apply to Mastercard BusinessDebit Cards. These Special Terms and Conditionsare in addition to the General Terms and Conditions- Business Accounts and to any Special Terms andConditions for Your Account. Unless otherwisestated where these Special Terms and Conditionsare not consistent with the General Terms andConditions or any Special Terms and Conditions forYour Account then these Special Terms andConditions will apply to the extent of thatinconsistency in relation to Your use of YourMastercard Business Debit Card.

Notes:

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate Corporate Opt-out notif ication provided toYou. To enable You to identify the Conditions thatapply dif ferently to You and to allow You to compareYour terms with those that apply to retail and smallbusiness customers, the Conditions that apply toYou which are dif ferent are shaded in grey, and thedif ferences explained. The grey shading is for easeof reference only, and is not intended to form part ofthis Agreement.


If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are a CorporateOpt-out Customer the sections contained in greyshaded areas do not apply to You and do not formpart of Your Agreement with Us.


Terms and Conditions1. Scope These Special Terms and Conditions (as may

be amended from time to time ) govern thepossession and use of the Card, PIN andMastercard Business Debit number.

2. Definitions The Definitions set out in the Bank’s General

Terms and Conditions - Business Accountsapply. In addition the following definitionsapply to these Special Terms and Conditions.

“Account” means any business currentAccount for which the Card, PIN and/orMastercard Business Debit number is issued;

“Card” means a Mastercard Business DebitCard issued on Your Account which is not aDeposit Card;

“Cardholder” means any person to whom Weissue a Card or Deposit Card at Your request(including for the avoidance of doubt, You);

“Cash Transaction” means any cash paymentout of Your Account as mentioned in Clause5.3 or any donation to charity as mentioned inClauses 5.2.1 and 5.2.2;

“Deposit Card” means a Mastercard BusinessDebit Card which is enabled in such a way thatit can only be used to make cash deposits toYour Account;

“EEA” means the European Economic Area,comprising the Member States of theEuropean Union, plus Iceland, Liechtensteinand Norway;

“Function” means a function of the Card orMastercard Business Debit number;

“Mastercard Business Debit number” meansthe number shown on the Card for thepurpose of Mastercard Business DebitTransactions or for the purpose of making anOriginal Credit into Your Account;

Special Terms and Conditions - Mastercard Business Debit Card

64

“Mastercard Business Debit Transaction”means any payment made out of Your Accountor authorised as mentioned in Clauses

5.4, 5.5, 5.6, 5.7 or 5.8; “Original Credit” means a payment into Your

Account as described in Clause 6.3; “Person” means an individual, f irm, company,

society or unincorporated association; “Personal Identif ication Number” (“PIN”)

means the personal identif ication number thatWe give You to enable You to access YourAccount or Service such as use of a Card;

“Recurring Transaction” (sometimes knownas a "continuous payment") means a series ofMastercard Business Debit Transactionswhich are debited from Your Account atagreed intervals pursuant to an authorisationwhich the Cardholder has provided to aSupplier; as mentioned in Clause 5.7. Thepayments can be for varying amounts and theagreed intervals can be for dif ferentfrequencies;

“Supplier” means any Person who accepts theCard or Mastercard Business Debit Cardnumber as a means of making or authorisingpayment as mentioned in Clause 5.7. Thepayments can be for varying amounts and theagreed intervals can be for dif ferentfrequencies;

“Spending Limit” means (subject to Clause4.1) any daily restriction on the amount thatthe Cardholder can spend when making aTransaction. The Spending Limit on a DepositCard will be set at zero;

“Transaction” means any Cash Transaction orMastercard Business Debit Transaction;

“You” and “Your” means any Person operatingan Account with Us for which the Card isissued.

3. Obligations of a Cardholder 3.1 If You ask Us to issue a Card to a Cardholder

then You will be liable for all Transactionswhich that Cardholder authorises and will beliable for all indebtedness created by thatCardholder as if the Card had been issued toand used by You. You can ask Us at any time tocancel any Card and You are responsible forensuring that any such Card is returned to Us.

3.2 Where any obligation is imposed on aCardholder by virtue of this Agreement thenYou are responsible for ensuring that theCardholder is aware of that obligation andcomplies with it.

3.3 The Card can be used for businessexpenditure only.

4. Overdrawing and Spending Limits4.1 Overdrawing is subject to the Terms and

Conditions for the Account. 4.2 Save and except for a Deposit Card, no

Spending Limit for Mastercard Business DebitTransactions will apply to the Card. This meansthat there will be no daily restriction (subjectto the terms and conditions for the Account)on the amount that the Cardholder can spendon goods and services at selected electronicterminals (POS terminals) and through certaininternet sites operated by Suppliers. TheCardholder will not be separately advised ofthis in writing. You can apply to change thisSpending Limit on the Card but any suchapplication must be approved by You inaccordance with the mandate held by the Bankfor the Account.

4.3 Where You have requested a Deposit Cardthen the Spending Limit for MastercardBusiness Debit Transactions and for CashTransactions will be zero.

4.4 We may, following a request from You, set aSpending Limit when using the Card to make aMastercard Business Debit Transaction. Thiswill not apply to a Deposit Card. This meansthat there will be a daily restriction on theamount the Cardholder can spend whenmaking a Mastercard Business DebitTransaction.

4.5 The Spending Limits which apply when usingthe Card to make a Cash Transaction are setout in the Payment Table.

4.6 In all cases, You can request that the SpendingLimit (whether for Mastercard Business DebitTransactions or Cash Transactions) is variedon the Card by contacting Your Branch orAccount Manager.

5. Functions of the Card and how You can giveand withdraw Your consent to a Transactionto make a payment out of Your Account

In order for payments out of Your Account tobe made using the Card a Cardholder’sconsent will be required. The consent requiredwill vary depending upon the type ofTransaction.

The Cardholder cannot stop or reverse aTransaction after a payment has beenauthorised in one of the ways set out in thisClause 5. We can only refund a payment whichhas already been authorised if the Payeerefunds Us. Further information on DisputedTransactions is set out in Clause 5.11.

The terms and conditions set out in thisClause 5 will only apply to (1) a paymenttransaction which takes place wholly withinthe EEA and in an EEA currency and (2) thoseparts of any payment transaction which takeplace within the EEA where either of thefollowing applies:


65

(a) both the Payer and the Payee are in theEEA but the currency of the transaction isnot an EEA currency; or

(b) either, but not both, the Payer and Payeeis in the EEA (irrespective of whatcurrency the transaction is in).

5.1 The Cardholder cannot use the Card as acheque guarantee Card.

5.2.1 The Cardholder can use the Card with the PINto obtain cash, to make a donation to acharity (where the cash machine provideroffers this service) and to access otherservices from cash machines which areauthorised to accept the Card. For thesepurposes, there is a daily cash withdrawallimit on the Card. The standard daily cashwithdrawal limits for Cards are set out in thePayment Table. However, We may agree to arequest from You to change the daily cashwithdrawal limit. Please ask Your Branch orAccount Manager for details. The minimumwithdrawal amount will depend upon the cashmachine provider.

5.2.2 When the Cardholder uses the Card with theirPIN to make a donation to a charity at a cashmachine then the following terms will apply:· Not all cash machine providers will of fer

this service. We do not provide thisservice (the service to make a donation toa charity) at any of Our cash machines;

· Where you choose this service, thedonation can be made to one of thecharities selected by the cash machineprovider and further details will beavailable from the cash machine provider.We are not responsible for the charitiesselected nor for any agreements that mayexist between the charity and the cashmachine provider;

· The Transaction will be processed as a

Cash Transaction and will be included inany calculation of the daily cashwithdrawal limit for Your Card;

· The Transaction will not be eligible for giftaid. If the Cardholder wishes to make adonation to charity with the benefit of giftaid then an alternative method of makingthe donation should be used. Please askYour branch or Account Manager fordetails;

· The donation to charity can be made eitheras a single Transaction at the cashmachine or it may be combined with theprovision of another service. Where it iscombined with the provision of anotherservice then the Cardholder will be askedto authorise the Transaction or series ofTransactions by inputting the PIN onlyonce. This will constitute a valid consent toprocess the Transaction or series ofTransactions which will appear on Yourstatement as separate entries.

5.3 The Cardholder can use the Card to makewithdrawals from the Account by presentingthe Card at any Danske Bank branch inNorthern Ireland or at a Post Off ice® counter.The Danske Bank Branch will require theCardholder to sign a withdrawal authority. APost Off ice® counter may require theCardholder to sign a withdrawal authority orto use the Card with the PIN to authorise thewithdrawal. The minimum withdrawal amountat a Post Off ice® counter is £1.00 (one poundsterling).

5.4 The Cardholder can use the Card orMastercard Business Debit number to makeor authorise payments to Suppliers bypresenting the Card or supplying theMastercard Business Debit Card number tothe Supplier. If making a purchase over the

telephone or internet the Supplier may alsorequest the Cardholder to provide the 3-digitsecurity code from the reverse of the card.

5.5 If the Cardholder uses the MastercardBusiness Debit Card number to place an orderon the internet with a Supplier thatparticipates in Mastercard SecureCode™ orMastercard Identity Check™ (designed toprevent fraud) the Cardholder will be asked touse Our Danske 3D Secure service. The Cardis automatically enrolled for use with theDanske 3D Secure service. The Cardholderagrees that the Danske 3D Secure Terms andConditions will apply in relation to theCardholder’s use of the Card to place an orderon the internet with a Supplier thatparticipates in Mastercard SecureCode™ orMastercard Identity Check™. The Cardholderauthorises such a Mastercard Business DebitTransaction on the internet in the way set outin the Terms and Conditions for Danske 3Dsecure. The Cardholder agrees that this willrequire the registration of the Cardholder’smobile phone number with the Bank. If theCardholder does not accept the Danske 3DSecure Terms and Conditions then as part ofOur fraud prevention measures, We may notauthorise further Mastercard Business DebitTransactions on the internet withparticipating Suppliers. Details of the Danske3D Secure Terms and Conditions are availablein Our Branches, by telephoning 03708502481 or Intl +4428 90049201 andselecting option 2, or on Our Websitewww.danskebank.co.uk/busdocs

5.6 The Cardholder can use the Card and PIN tomake or authorise payments to Supplierswhere the Supplier has the necessarytechnology to facilitate this mode ofTransaction. On some occasions the Supplier


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may agree to accept the Card and thesignature of the Cardholder (for examplewhere the technology is unavailable or is notworking).

5.7 The Cardholder can use the Card (with the PIN- if required when the Cardholder isauthorising the Recurring Transaction at apoint of sale terminal) to authorise aRecurring Transaction. In thesecircumstances the Cardholder is givingconsent to the Supplier to make eachRecurring Transaction without the need forthe Supplier to seek repeat authorisations.Typically this method of payment can be usedfor subscriptions for gym memberships,magazines, mobile phone services and otherregular subscriptions. The Supplier shouldmake the terms under which payments will berequested by way of Recurring Transactionclear to the Cardholder. A RecurringTransaction is not a Direct Debit and theCardholder will not have the protections of theDirect Debit Guarantee Scheme in respect ofany Recurring Transactions which are madefrom the Account. If the Cardholder wishes tocancel a Recurring Transaction then theCardholder should inform Us no later than3.30pm on the Business Day before theSupplier requests an authorisation for thenext payment to be taken from the Account. Ifany further payments are taken from theAccount after that date under the RecurringTransaction authority then We willimmediately refund these to You on request.We also recommend that the Cardholdercontacts the Supplier and gives notice ofwithdrawal of consent to any further paymentsbeing made from the Account under theRecurring Transaction authority. This will notcancel the agreement with the Supplier but it

will cancel the payment authority. Where both the Payer and the Payee is in the

European Economic Area if You can show Usthat You did not authorise a RecurringTransaction or that You gave notice to theSupplier that it was cancelled then We willimmediately refund any payments that weretaken from Your Account, without Yourauthority, after that date.

5.8 The Cardholder can use the Card or Carddetails (with or without the PIN – as required)to authorise a Mastercard Business DebitTransaction where the exact amount that willbe debited is not known at the time of theauthorisation (for example to hire a car orhotel room). In these circumstances(a) provided that both the Payer and Payee is

in the European Economic Area You or theCardholder may apply for a refund withineight weeks of the date the payment wastaken from the Account, if the amountexceeds what the Cardholder wouldreasonably have expected to be taken fromthe Account taking into account thePayer's previous spending pattern and theterms and conditions that apply to theCard and the circumstances of the case. Inorder to process a refund request We mayrequire the Cardholder to provide Us withadditional information. We will either makethe refund or provide You with Our reasonsfor refusing to make the refund within 10Business Days of receiving Your request orwhere applicable within 10 Business Daysof receiving such additional information asWe have requested from You. You will not be entitled to a refund underthis Clause 5.8 where the amount exceedsYour expectation solely due to a change inthe exchange rate charged for Mastercard

Business Debit Transactions on YourAccount or where You or the Cardholderprovided consent directly to Us for thatpayment to be made and (if applicable)details of the amount of the payment havebeen provided or made available to You (forexample, by way of a Statement) for atleast 4 weeks before the date it was due.

(b) in respect of any parts of the transactionwhich takes place in the EuropeanEconomic Area We will not block funds onYour Account unless You have authorisedthe exact amount of the funds to beblocked and We will release the blockedfunds without undue delay after becomingaware of the amount of the paymenttransaction and, in any event, immediatelyafter receipt of the payment order.

If You are a Corporate Opt-out Customer, theprovisions of this Clause 5.8(a) will not applyto You and You will not be eligible to apply toUs for a refund in such circumstances.

5.9 The Cardholder may change their PIN orunlock their PIN by accessing the PINManagement Services option on those cashmachines which have been authorised to of ferthis facility.

5.10 If the Cardholder disputes a payment that hasbeen made from the Account using the Cardthen the Cardholder must provide Us with fulldetails including the reasons for the dispute.We will investigate the claim. In certaincircumstances it may be possible for Us toattempt to chargeback the Transaction underthe card scheme rules. Chargeback does notgive You any rights or protections and anattempt to chargeback a Transaction is notguaranteed to be successful. It is importantthat the Cardholder lets Us know about thedisputed Transaction as soon as possible. We


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can only attempt a chargeback request within120 days from the date that the Transactionappeared on the Account. If the payment hasbeen processed as a credit transfer and not aCard payment out of Your Account then thisClause 5.10 will not apply. A payment can beprocessed as a credit transfer where forexample You use the services of a TPP toaccess Your Account online to make apayment. Further information about TPPs canbe found in Clauses 5.5.9 and 8 of the GeneralTerms and Conditions - Business Accounts.

6. Payments into Your Account using Your Card6.1 The terms and conditions set out in this

Clause 6 will only apply (1) to a paymenttransaction which takes place wholly withinthe EEA and in an EEA currency and (2) tothose parts of any payment transaction whichtake place within the EEA where either of thefollowing applies:(a) both the Payer and the Payee are in the



6.2 You can make a cash payment into YourAccount at a Post Off ice® branch where thatservice is available, at a Branch counter (or atsuch other locations as we may from time totime decide) by using Your Card or DepositCard. You can ask Us to restrict thefunctionality on the Card so that it can beused for the sole purpose of making cashlodgements to Your Account – the Card issuedto the Cardholder will be a Deposit Card. APIN will not be required where thefunctionality of the Card is restricted in thisway. We will use the information from the

chip/magnetic stripe on the Card to identifythe Sort Code and Account Number of theAccount to be credited. No other serviceswould be available where You have asked Us torestrict the functionality of the Card in thisway.

6.3 A Supplier may ask the Cardholder to use theCard and PIN where the Supplier wishes torefund a Mastercard Business DebitTransaction to Your Account which had beenauthorised using the Card.

6.4 A Supplier may credit funds to Your Accountusing Your Mastercard Business Debit number.This would apply where You have a contractwith the Supplier under which the Supplier maybe obliged to pay You money in certaincircumstances and the Supplier has used YourMastercard Business Debit number for thepurposes of making that payment. The paymentinto Your Account is known as an “OriginalCredit”. The maximum and minimum amountsthat can be credited to Your Account using thismethod vary. Further details can be found onthe Payment Table or from the Supplier.

7. Restrictions On Use7.1 The Card and/or Mastercard Business Debit

number can only be used:(a) during the validity period shown on the

Card;(b) in accordance with these Special Terms

and Conditions; and(c) in accordance with the verif ication

procedures and operating instructionswhich the Bank approves from time totime.

7.2 We will from time to time renew the Cardwhen it expires, except as mentioned in Clause13.

7.3 We will from time to time, if the Cardholderasks and except as mentioned in Clause 13:(a) replace a damaged Card; and(b) replace a Card and change the PIN and

Mastercard Business Debit number whereany of these is liable to misuse, if in Ourreasonable opinion the replacement ofthese will not be misused.

7.4 The PIN change facilities will be temporarilyunavailable during the period a Card is beingrenewed or replaced.

7.5 The Card and/or Mastercard Business Debitnumber must not be used if the Agreement isended or if the Card is stopped or suspended.The Card and/or Mastercard Business Debitnumber must not be used for any Functionwhich is stopped or suspended or which is notoffered as a Function of the Card within theterms and conditions for the Account.

7.6 We are the owner of the Card. If We end theAgreement or stop or suspend the Card, Wecan keep the Card or, if We ask, theCardholder must immediately cut the Cardvertically through the magnetic stripe on theCard and through the electronic chip on theCard and return the Card to Us.

7.7 If the Cardholder intends to travel abroad You(or the Cardholder) should contact YourBranch or Account Manager to advise that theCard may be used outside of the UK. See thesection on “How You can Contact Us” in theGeneral Terms and Conditions - BusinessAccounts.

8. Debits8.1 We can debit the amount of a Cash

Transaction or Mastercard Business DebitTransaction to the Account. Details of the timetaken to process payments are set out in the


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Payment Table under the heading Paymentsfrom Your Account. The Entry Date can beafter the date of the Transaction if the cashmachine operator or the Supplier delays inasking Us for payment.

8.2 We can choose the order in which We debit allor any Transactions. We can choose to debitall or any Transactions in priority to otherdrawings.

8.3 We will convert into sterling the amount of anon-sterling Transaction or a refund of a non-sterling Transaction at a rate determined byUs for the relevant currency [known as the"Danske Bank Card Exchange Rate (UK)"]. Anon-sterling Transaction is a Transactionwhere You have not opted to pay in sterling(either at the point of sale or the cashmachine) and We then convert theTransaction amount into sterling before Wedebit Your Account. The Danske Bank CardExchange Rate (UK) is the Payment SchemeReference Exchange Rate which applied on thedate that the Transaction was received by thePayment Scheme. This rate is subjected by Usto average weighting so that the exchangerate used for all Transactions processed by uson that date are equalised. Transactions canbe processed by Us on non-business days. Thestatement 'Entry Date' for a Transaction thatis processed on a non-business day will be thenext business day. We will apply the DanskeBank Card Exchange Rate (UK) when theTransaction is processed by Us.

The Payment Scheme Reference ExchangeRate is the exchange rate set by Mastercardand which is prevailing at the time yourTransaction was received by the PaymentScheme.

You can f ind out the Danske Bank CardExchange Rate (UK) for the relevant currency

from Our website atwww.danskebank.co.uk/travelmoney. The ratesdisplayed are historical and are thereforeindicative only for the purposes of calculatingthe rate that You will be charged for a non-sterling Transaction that has not yet beenprocessed by Us. Daily rate f luctuations willoccur.

8.4. The Danske Bank Card Exchange Rate (UK) forthe relevant currency will be adjusted byadding a non-sterling Transaction fee of2.75% of the value of the Transaction. Theadjusted rate will be the rate that appears onYour statement. Your statement will alsodisplay the amount of the non-sterlingTransaction fee.

8.5 When You authorise a non-sterlingTransaction We reserve the amount of theTransaction against the available balance onYour Account. This means that Your availablebalance is immediately reduced by the amountof the Transaction. When the currencyconversion takes place the amount debited toYour Account may dif fer from that which wasreserved, in accordance with Clause 8.3above. The non-sterling Transaction fee will bedebited to Your Account and the Entry Date onYour statement will be the same date as thenon-sterling Transaction is debited to YourAccount.

9. Your liability9.1 Subject to Clause 10, You will be liable for all

Transactions which have been authorised inone of the ways set out in Clause 5.

9.2 You will be so liable, even if, after the date ofauthorisation: (a) joint Account instructions have ended or

altered;(b) the debit is delayed;

(c) the agreement between You and Us underthese Special Terms and Conditions isended;

(d) the Card is stopped or suspended orexpired;

(e) You have asked Us to cancel any Card butthe Card has not been returned to Us; or

(f) any Function is stopped or suspended.9.3 We can take these payments:

(a) from money in the Account, if there is anyavailable;

(b) from any arranged Overdraft facility orarranged excess for the Account; or

(c) by permitting an unarranged Overdraft oran unarranged excess.

9.4 You must, as soon as the Bank demands,repay any overdrawing which arises asmentioned in Clause 9.3.

10. Your Liability if the Card, PIN or MastercardBusiness Debit number is lost or stolen

10.1 If: (a) the PIN becomes known (or You or any

Cardholder suspects it has become known)to anyone other than the Cardholder;

(b) You or any Cardholder become aware thatthe Card or PIN is lost, stolen or has beenfraudulently accessed;

(c) You or any Cardholder become aware ofany unauthorised Transaction or error onthe Account using the Card or PIN orMastercard Business Debit number; or

(d) You or any Cardholder think someone elsehas or may try to access Your Accountusing the Card or PIN or MastercardBusiness Debit number.

You and/or any Cardholder must notify Us

without undue delay. You and/or anyCardholder can do this by way of any of the


methods set out in Part 1 of the GeneralTerms and Conditions - Business Accountsunder the heading "How You can contact Us".Further details are available in any Branch andon Our Website. You or any Cardholder canalso notify Us through a Card notif icationagency which the Bank approves.

If a Card is retained or recovered after Wehave received notice under this Clause 10.1,the Card or PIN or Mastercard Business Debitnumber must not be used, and the Card mustbe cut vertically through the magnetic stripeon the Card and through the electronic chip onthe Card and returned to any branch of theBank.

10.2 You and any Cardholder must give Us, if asked,all the information You or any Cardholder mayhave relating to the matter notif ied underClause 10.1 and/or any other informationwhich We can reasonably ask for to help torecover the Card and investigate the matter.We can require You to report the matter to thepolice. We can disclose any information whichWe reasonably decide may be relevant to thepolice and to any other authorities that Wereasonably decide may be relevant.

10.3 Where a Card or PIN in respect of YourAccount has been lost or stolen, You will nothave to pay for any losses in respect ofunauthorised payments arising as a result.

10.4 Your Liablity and Our liability is as set out inClauses 6 and 7 of the General Terms andConditions - Business.

11. Care of the Card, PIN and MastercardBusiness Debit details

11.1 The Cardholder must only use the Card andPIN in accordance with these Special Termsand Conditions.

11.2 The Cardholder must never allow anyone elseto use the Card issued to him/her or the PINor Mastercard Business Debit number.

11.3 The Cardholder must at all times takereasonable steps to keep the Card safe andthe PIN secret. The Cardholder must:· Never post the Card to anyone – not even

to Us – without f irstly cutting the Cardvertically through the magnetic stripe andthe electronic chip on the Card;

· Never respond to an email, SMS ortelephone request, even where thisappears to be from Us, which asks theCardholder to enter or provide the Carddetails and/or PIN. We will never send Youan email, SMS or telephone You to seekthis information. If You receive an email,SMS or a telephone call of this nature thenit is likely to be fraudulent;

· Never give the Card to anyone else. Whenmaking a Transaction the Cardholdershould retain control of the Card at alltimes;

· Never tell the PIN to anyone else, not eventhe police, or Bank staff;

· Never write the PIN on the Card or onanything usually kept with it. If theCardholder writes the PIN down then hemust take reasonable steps to disguise it;

· Always ensure that when using a key padto enter the PIN (e.g. at an cash machine orin a shop), the Cardholder takes steps tocover or conceal the PIN number, evenwhere there is no one else present;

· Never enter the Card details (e.g. theMastercard Business Debit Number,Expiry Date etc.) on a website, App orsimilar application, that stores thosedetails unless the Card details arepassword protected and/or individual

payments require further confirmation orauthorisation before being taken from theCard;

· Take reasonable steps when using theCard details online to ensure that thewebsite being used is safe e.g. only usewebsites where the URL line begins withhttps:// and where the padlock symbol isdisplayed;

· At all times exercise care with the storageand disposal of any information about theCard, for example, statements andreceipts. The Cardholder should takesimple steps such as shredding printedmaterial before disposing of it;

· Sign the Card issued to the Cardholder assoon as it is received;

· Destroy the PIN notif ication as soon as theCardholder receives it;

· When changing the PIN, ensure that allreasonable care is exercised. In particular,the Cardholder should ensure that the PINdoes not contain a combination of numberswhich may be easy to guess (for example,birthdays, consecutive numbers, etc). TheCardholder can change the PIN to anumber that is more memorable in the wayset out in Clause 5.9.

12. Suppliers etc.12.1 Any prospective Supplier can ask Us to

authorise a prospective Mastercard BusinessDebit Transaction. We can refuse to authorisea prospective Mastercard Business DebitTransaction. Where We do so We will givenotice of the refusal via the Supplier. If theCardholder was not made aware of thereasons for the refusal at the time of theMastercard Business Debit Transaction, Wewill make this available if You or the


69

Cardholder contacts Us. See the section inPart 1 of the General Terms and Conditions -Business Accounts - “How You can contactUs”.

12.2 After We have authorised a prospectiveMastercard Business Debit Transaction, Wewill:(a) reduce the amount available for

withdrawing from the Account by theamount of the payment authorised(whether or not debited); and

(b) restore the amount available forwithdrawing from the Account if We havereceived satisfactory verif ication for thispurpose from the prospective Supplier.

12.3 If You are entitled to a refund We will credit tothe Account the amount of the MastercardBusiness Debit Transaction.

12.4 You must not withhold payment to Us orotherwise make any claim or set-of f againstUs for any claim which You may have againstany Supplier, unless the law gives the You aright to do this.

12.5 We will not be liable to You (whether or not itis the Cardholder who makes or tries to makethe Transaction) for: (a) any failure or delay by any other Person to

accept the Card or Mastercard BusinessDebit number; or

(b) any failure or delay by any other Person tocarry out a Function detailed at Clause 5 ofthese Special Terms and Conditionsbecause the Cardholder is unable for anyreason to use their PIN to authorise apayment or Transaction; or

(c) the way in which any other Personcommunicates such failure or delay orcommunicates any refusal to authorise a

prospective Mastercard Business DebitTransaction.

13 Stopping or Blocking Your Card 13.1 We can stop or suspend all or any of the

Cards, or stop or suspend any Function, orrefuse in relation to any Cardholder to renewor replace any Card for any of the followingreasons where:(a) We reasonably believe that the security of

the Card or PIN is at risk;(b) We have reasonable grounds to suspect

unauthorised or fraudulent use of the Cardor PIN;

(c) Your Account is overdrawn and We believethat there is a signif icantly increased riskthat You may be unable to fulf il Yourobligations to repay the overdrawnamount;

(d) We have a legal obligation to do so; or(e) You have broken these Terms and

Conditions. We may also refuse to carry out individual

Transactions on Your Account in accordancewith Clause 9 of the General Terms andConditions - Business Accounts.

13.2 Where We have exercised Our rights underClause 13.1 We will where reasonablypossible (and where it would not be a breachof security or be against the law) give Youappropriate notice of Our intention to do soand explain Our reasons. If We have notcontacted You in advance and a Transaction isrefused We will make this informationavailable to You if You contact Us. See thesection in Part 1 of the General Terms andConditions “How You can contact Us”. We willreplace Your Card and/or PIN as soon as

reasonably practicable after the reasons forstopping its use cease to exist.

13.3 You can end the Agreement by giving notice inaccordance with the General Terms andConditions - Business Accounts to YourBranch, cutting all Cards vertically throughthe magnetic stripe on the Card and throughthe electronic chip on the Card and enclosingall Cards with the notice.

13.4 You can stop any Card by giving notice inwriting to Your Branch, cutting the Cardvertically through the magnetic stripe on theCard and through the electronic chip on theCard and enclosing the Card with the notice.

13.5 The ending of this Agreement and/or thestopping or suspending of the Card and/or anyFunction will not af fect Your liability to Us andWe shall remain entitled to honour and tocharge to the Account and You shall remainliable for any Transactions and withdrawals(and associated costs, charges and expenses)made or authorised using the Card. It is Yourresponsibility to ensure that all Cards andother relevant items are returned to Us.


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Sect ion 7Special Terms and Condit ions - Automated Deposit Serv ice

These Special Terms and Conditions apply whenYou deposit coins and/or notes:• At one of Our Automated Deposit Machines; or• At one of our cash machines which permits deposits (Deposit ATM).

The Automated Deposit Service can only be used todeposit sterling bank notes and sterling coins. Youcan only use this Service to credit an account youhold with Us.

These Special Terms and Conditions are in additionto the General Terms and Conditions and to anySpecial Terms and Conditions for Your Account.Unless otherwise stated where these Special Termsand Conditions are not consistent with the GeneralTerms and Conditions or any Special Terms andConditions for Your Account then these SpecialTerms and Conditions will apply to the extent of thatinconsistency in relation to Your use of theAutomated Deposit Service.

When You make a deposit using the AutomatedDeposit Service (‘the Service’) the followingconditions apply:

1. You can deposit funds to an account that Youhold a Danske Bank debit or credit card for orto an account with Us that You have the sortcode and account number for (subject to theterms and conditions for that account). To usethe Service You should insert Your DanskeBank credit or debit card into the card readeron the machine or You should enter the sortcode and account number for the account thatYou wish to credit Please enter thisinformation carefully. If You enter an incorrectsort code or account number the deposit maybe paid into someone else’s account and Youmay not be able to get it back. You should thenfollow the instructions on the screen.

2. If You manually enter a sort code and accountnumber to initiate the Service You can insert areference for identif ication of the depositwhen it appears on the Account.

3. Only sterling banknotes may be deposited viathe note acceptor. You may deposit sterlingbanknotes of mixed denomination. You do notneed to separate the banknotes bydenomination but You should ensure that thebanknotes are neatly presented, f lat and donot contain any foreign objects, for example,staples/paperclips.

4. Depending on the capacity of the machine atthe time of use You may deposit up to amaximum of 200 notes per transaction (whichYou may have to insert into the machine insmaller batches). All limits are subject tobeing within the maximum cash deposit limitsin the table below. Any notes which Youattempt to deposit above those limits will bereturned to You.

5. Only sterling coins may be deposited via thecoin drawer. You do not need to separate coinby denomination but You should ensure noforeign objects are included.

6. The number of coins You can deposit isdependent on the capacity of the machine atthe time of Your deposit. Any coins whichexceed this capacity will be returned to You.

7. Any part of Your deposit (not includingconf irmed counterfeit notes) that cannot beaccepted will be returned to You at the timeand You may re-attempt to deposit thereturned items. When the transaction iscompleted You will be issued with an advicenote which You should retain for Your ownrecords.

8. Any counterfeit notes which are detected willbe retained by the machine. You will notreceive value for those items but We willadvise You that such items have beenretained.

Special Terms and Conditions - Automated Deposit Service

DepositedInitiated by

Account to beCredited

Maximum CashDeposit Limit

Danske Bankcredit or debitcard

The account onwhich the cardis issued

£50,000 perday

Manual entry ofsort code andaccount numberof a valid DanskeBank account

The sort codeand accountnumber entered

£2,000 pertransaction

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9. We will process payments within 2 hours ofthe date and time that the deposit is made.This means that the funds will be credited toYour Account, or the Account that You haveasked Us to credit, within 2 hours and willthen be immediately available to You and willbe value dated for interest purposes on thedate of receipt.

10. If there are any dif ferences between theamount that You state You have deposited tothe Account and the amount that You havelodged to the Account then You mustimmediately report the matter to Us. We willask You to complete a dispute form or to giveUs details of Your dispute. We will theninvestigate the matter. We will check thatthere was no malfunction of the mechanism ofthe Automated Deposit Machine or DepositATM at the relevant time and We will alsocarry out a reconciliation of the transactionsprocessed via the Automated DepositMachine or Deposit ATM. It may take up to 3working days to investigate Your dispute. Wewill advise You of the outcome and ifnecessary We will adjust the accountingentries in relation to the deposit that appearson the statement for the Account.

11. If You have made a mistake when keying thesort code and account number and as a resultthe wrong account has been credited with thefunds then You must report this to Usimmediately and We will make reasonableef forts to try to recover the funds for You. Wecannot guarantee that this will be possible.

12. We do not charge You to use the AutomatedDeposit Service, however if You are a businesscustomer fees and charges may apply. See Our'Fees and Service charges explained -Business Accounts' leaf let for moreinformation.

13. We may ask You to stop using this Service ifWe, acting reasonably, believe that Your use ofthe Service might impact on levels of servicefor other customers. This may happenbecause of the time that You take to makelarge deposits and/or the time or location thatYou choose to make any such deposits.

Special Terms and Conditions - Automated Deposit Service

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Special Terms and Conditions – Danske 3D Secure

Sect ion8Danske 3D Secure is provided by Us in associationwith Mastercard SecureCode™ or MastercardIdentity Check™ and Verif ied by Visa™. Danske 3DSecure is a secure way of using Your Card to makepurchases on the internet with participatingorganisations. When You use Danske 3D SecureWe are able to verify Your identity. We do notverify the identity of any organisation that Youcontract with on the internet nor do We make anystatement about the goods or services of anyparticipating organisations that You choose toplace an order with or make a purchase from.

1. Def init ions"Account" means the Danske account which Youhold with Us on which the Card is issued, theDanske Mastercard credit card account, theDanske Visa credit card account or the DanskeMastercard Corporate card account which theAccount holder holds with Us.“Card” means a Debit Mastercard card bearing aContactless Indicator, a Debit Mastercard cardwhich does not bear a Contactless Indicator,Mastercard Debit card, Mastercard credit card,Visa credit card or Mastercard Corporate card (asappropriate) that We have issued to theCardholder for use with Your Account.“Cardholder” means, for each Card, the person towhom We issue a Card at the Account holder’srequest."Danske 3D Secure" means the service of fered byUs, subject to these terms and conditions, for Youto use when You make a purchase or place anorder on the internet with Your Card."Email Address" means a current valid email

address.“Mobile Phone” means the mobile telephonedevice which You use to receive the One-TimePasscode.“Mobile Phone Number” means the Mobile Phonenumber which We hold with Our contact details forYou or as notif ied by You to Us in accordance withCondition 2(d) below.“One-Time Passcode” means the six digitpasscode sent to Your Mobile Phone Number viaSMS.“SMS” means SMS text messages sent to YourMobile Phone Number. "We", "Us" and "Our" or "the Bank" mean NorthernBank Limited having its registered of f ice addressat Donegall Square West Belfast (registerednumber R568). Danske Bank is a trading name forNorthern Bank Limited."Website" means www.danskebank.co.uk"You", "Your" and "Yours" mean the Cardholder whohas registered for Danske 3D Secure under thisagreement with Us.

2. Using Danske 3D Secure(a) Your Card is automatically enrolled for use

with the Danske 3D Secure service. YourMobile Phone Number must be recordedwith Us before You can use this service.When You use Danske 3D Secure, You agreethat these terms and conditions will apply inrelation to Your use of Your Card when Youmake a purchase or place an order withparticipating organisations using Your Cardon the internet. These terms and conditionsare in addition to the terms and conditionsfor Your Account.

(b) You must ensure that Your Mobile Phone canreceive SMS at the time of Your purchase.

(c) When You use Danske 3D Secure topurchase on the internet from a participatingorganisation You will be presented with anelectronic receipt and the One-TimePasscode will be sent automatically to yourMobile Phone. The receipt will include detailsof Your internet purchase or order, such asstore name, purchase amount and date. Youwill be asked to sign the receipt by enteringYour One-Time Passcode and click 'Submit' toproceed with the purchase. Without YourOne-Time Passcode, the internet purchasecannot take place at participatingorganisations. If the One-Time Passcode isentered incorrectly three timesconsecutively You will not be able to proceedwith the purchase. If You do not receive theOne-Time Passcode automatically You mayask for the One-Time Passcode to be sent toYou again. You can make three requests forthe One-Time Passcode to be sent to You.

(d) If You change Your Mobile Phone Number orYour address (including Your Email Address)You must notify Us immediately to ensurethat Our records are up to date. Noticesunder this condition should be sent to Us asset out in the ‘Notices and communication’condition of the General Terms andConditions applicable to Your Account.

(e) You will be responsible for any fees orcharges imposed by Your mobile phoneservice provider in connection with Your useof Danske 3D Secure.

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3. Security(a) We do not verify the identity of any

participating organisations nor make anystatement about their goods or services orwhether You should contract with them.

(b) The One-Time Passcode will only be valid forthe purchase You have received it for. You areresponsible for maintaining theconf identiality of Your One-Time Passcode.You must not give Your One-Time Passcodeto anyone else.

(c) If You think that there may have been anunauthorised internet transaction on YourAccount You must notify Us immediately inaccordance with the terms and conditionsfor Your Account.

(d) We can stop You using Danske 3D Securewhere We have a right under the Terms andConditions for Your Account or Card torefuse or stop a payment on Your Account.

4. Changing the terms and condit ions4.1 We may at any time, for any reason set out in

Condition 4.3 below make any change tothese Danske 3D Secure terms andconditions.

4.2 We will give You at least two months' writtennotice (which will be sent to You by letter orelectronically where You have registered toreceive documents through ElectronicMailbox in Our eBanking service) before thechange is made. Once We have given Younotice of the proposed changes, if You do nottell Us that You object to the changes, beforethe date on which they are due to come intoef fect, then they will take ef fect on the dateindicated. If You do object to the changes,then You have the right to terminate this

agreement without having to pay any extrafees or service charges.

4.3 The changes referred to in Condition 4.1 willbe made for one or more of the followingreasons:

(a) by agreement with You;(b) to ref lect the introduction or development of

new systems, methods of operation, servicesor changes in technology provided that thechange is a proportionate response to theunderlying reason for the change;

(c) to maintain or improve operating conditionsor service levels;

(d) to respond proportionately to any change orexpected change in market conditions,general banking practice or the cost ofproviding services to customers;

(e) to respond proportionately to legal orregulatory changes. This would include: · changes in general law or decisions of

the Financial Ombudsman Service,· changes in regulatory requirements,· changes in industry guidance and codes

of practice which raise standards ofconsumer protection;

(f) to ref lect changes made by the relevant Cardauthentication scheme provider (Verif ied byVisa™ or Mastercard SecureCode™ orMastercard Identity Check™);

(g) to ensure that Our business as a whole isprof itable and competitive and that Ourproduct range and charging structureenables Us to achieve Our business andstrategic objectives (which are set internally)- provided that any such change isreasonable and does not result in an AccountHolder being treated unfairly;

(h) to make these Terms and Conditions fairer orclearer for You provided that any suchchange does not materially alter theAgreement that You have entered into withUs;

(i) to make changes and improvements to Ourproducts, services or charging structureswhere the changes are of benef it to You orwhere the changes make it easier for You tomanage Your Account; or where the changesprovide You with alternative or more costef fective ways to manage Your Account;

(j) for any other valid reason which is notspecif ied in this Condition provided that thechange is a proportionate and reasonableresponse to the underlying reason for thechange.

4.4 In the event of any change in applicable lawor regulation, or in other circumstancesoutside Our control, We may give a shorterperiod of notice as We consider, onreasonable grounds, to be justif ied.

4.5 If any of the foregoing provisions of thisCondition 4 is or becomes invalid, illegal orunenforceable such invalidity, illegality orunenforceability will not af fect the remainingprovisions.

5. Availability of Danske 3D Secure We try to give a complete service at all

times but do not guarantee it. We will not beresponsible to You under these Terms andConditions where any failure on Our part isdue to (a) abnormal or unforeseeablecircumstances beyond Our control, theconsequences of which would have beenunavoidable despite all Our ef forts to the


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contrary or (b) Our obligation to comply withany other provisions of applicable laws.

6. Ending Your Danske 3D Secure serv ice6.1 (a) Without prejudice to Condition 3(d) We

can end Your use of Danske 3D Secure bygiving You two months' written notice.We can do this for one of the followingreasons:

(i) We have reasonable grounds to believethat You are no longer using the Account;

(ii) We, acting reasonably, are dissatisf iedwith the way that You are operating theAccount. This could arise for examplewhere the amount of time that We haveto spend on the administration of YourAccount exceeds what We wouldconsider to be reasonable;

(iii) You have failed, within a reasonableperiod of time, to provide Us withinformation which We may reasonablyexpect You to provide to Us in connectionwith the operation of Your Account;

(iv) to comply with any changes in law orregulation, including decisions of thecourts or Financial Ombudsman;

(v) to ensure that Our business is prof itableand competitive and that Our productrange enables Us to achieve Our businessand strategic objectives;

(v i) for any other valid reason – provided thatthe closure of Your Account is aproportionate and reasonable responseto the underlying reason.

(b) We can end this Agreement and closeYour Account immediately if You become

bankrupt, You or any AdditionalCardholder break the terms of thisAgreement or where there is ajustif iable, f inancial or legal reason to doso, for example, if:

(i) You act, or are suspected of acting,fraudulently or with negligence;

(ii) You act in an abusive or threateningmanner towards the Bank's staf f; or

(iii) the Bank suspects that there is a threatto the security of its systems.

If We end this Agreement for any of thereasons set out in Condition 6.1 (b) wherereasonably possible (and where it would notbe a breach of security or against the law),We will only end this Agreement after Wehave given You notice of Our intention to doso. If it is not possible to contact You inadvance to tell You of Our intention to endthis Agreement We will notify You as soon aspossible thereafter.

7. Your liability You agree that, when making a payment using

Your Card, an instruction using Your One-Time Passcode will be treated by Us as Yourconsent to comply with that instruction andWe will treat it as a valid and irrevocableinstruction to Us. You are responsible for allinstructions sent using Your One-TimePasscode. You are responsible for ensuringthat You keep Your One-Time Passcodesecure as set out in Condition 3 above.Further information about Your liability andOur liability in relation to the use of Your

Card is set out in the Terms and Conditionswhich apply to it.

8. Use of Your information Details of how We use Your personal

information are available in Our leaf let “Howwe use your personal and businessinformation”. Copies of this leaf let areavailable in Our branches and on OurWebsite at www.danskebank.co.uk/docs.

9. General9.1 We will communicate with You in English.9.2 We are committed to providing a high

standard of service. If You are not satisf iedwith any aspect of Our service then We haveprocedures in place to deal with Yourconcerns. For more information, please askfor a copy of Our leaf let “Putting things rightfor you”.

10. Governing law This Agreement is governed by the laws of

Northern Ireland, Scotland or England andWales, depending on where You live, asshown on Our records and Your statements.Disputes arising out of or relating to thisAgreement not settled to the parties'satisfaction are subject to the non-exclusivejurisdiction of the courts of Northern Ireland,Scotland or England and Wales, againdepending on where You live, as shown onOur records and Your statements.

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Sect ion 9Special Terms and Condit ions – 24 Hour Telephone Banking

24 Hour Telephone Banking is a Service which maybe available with Your Account. In this Section Wewill set out the Special Terms and Conditionswhich apply to 24 Hour Telephone Banking. TheseSpecial Terms and Conditions are in addition to theGeneral Terms and Conditions – PersonalAccounts or Business Accounts (as applicable) andto any other Special Terms and Conditions thatapply to Your Account or Service.

References in these Special Terms andCondit ions to the ‘General Terms andCondit ions’ should be construed as referencesto the Bank’s General Terms and Condit ions –Personal Accounts or the Bank’s General Termsand Condit ions – Business Accounts asapplicable to the Account which You hold.

Unless otherwise stated where these SpecialTerms and Conditions for 24 Hour TelephoneBanking are not consistent with any of the otheraforementioned Terms and Conditions then theSpecial Terms and Conditions for 24 HourTelephone Banking will apply to the extent of thatinconsistency in relation to the operation of the 24Hour Telephone Banking Service.

These Special Terms and Conditions may beobtained by selecting the "speak to an adviser"option on the menu when You access Our 24 HourTelephone Banking Service or by phoning YourBranch.

A User will be able to use Our 24 Hour TelephoneBanking Service to access his/her own Accountsand may be able to use Our 24 Hour TelephoneBanking Service to access the Accounts of anotherAccount Holder. Accordingly, a User can fall withinthe def inition of both "You" (in respect of his/herown Accounts) and "Nominated User" (in respect ofthe Accounts of another Account Holder) and theseTerms and Conditions should be read accordingly.

For details on how to f irst access Our 24 HourTelephone Banking Service, call 0345 7 365 024.

If You are phoning from abroad, call 0044 28 9004 9212 .

Enter Your customer number , followed by # (thehash key).

Then enter Your access code , followed by # .

For further details of the functionality of Our 24Hour Telephone Banking Service, please refer tothe User Guide.

If You and/or a Nominated User believe that Youror their Telephone Banking Security Informationhas (or may have) become known to someone else,please refer to Clause 16 of these Special Termsand Conditions which sets out the actions Youand/or the Nominated User must take.

For queries concerning the 24 Hour TelephoneBanking Service select the "speak to an adviser"option on the menu when You access Our 24 HourTelephone Banking Service or contact Your Branch.Calls to Our 24 Hour Telephone Banking ServiceHelpdesk, 0345 7 365 024, are charged at local

rate. Customers calling from mobile telephonesmay be charged a dif ferent rate. Please refer toYour service provider.

Our 24 Hour Telephone Banking Service may betemporarily unavailable for periods of routinemaintenance.

Special Notes for Business CustomersIf We have notif ied You that You are a CorporateOpt-out Customer then some of these Terms andConditions will apply dif ferently as explained in theseparate Corporate Opt-out notif ication providedto You. To enable You to identify the Conditionsthat apply dif ferently to You and to allow You tocompare Your terms with those that apply to retailand small business customers, the Conditions thatapply to You which are dif ferent are shaded in grey,and the dif ferences explained. The grey shading isfor ease of reference only, and is not intended toform part of this Agreement. All Conditions thatcontain no shading apply to You as stated.

If You are not a Corporate Opt-out CustomerIf We have not notif ied You that You are aCorporate Opt-out Customer the sectionscontained in the grey shaded areas do not apply toYou and do not form part of Your Agreement withUs.


Def init ions:The Def initions in the Bank’s General Terms andConditions apply. In addition the followingdef initions apply to these Special Terms andConditions;

Special Terms and Conditions – 24 Hour Telephone Banking


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“Access Code Number” (or "ACN") means thefour digit PIN number which We have notif ied inwriting in accordance with Our procedures to aprospective User and any replacement ACNchosen by a User. The ACN together with a User’sCustomer Number are used to access the 24 HourTelephone Banking Service.“Agreement for 24 Hour Telephone BankingServ ice” means either a Customer Agreement fora Package with Us which provides for Our 24 HourTelephone Banking Service or the 24 HourTelephone Banking Service Letter.“Bill Payee Details” means the details of billpayees which are provided by You or a NominatedUser so that Bill Payments can be ef fected throughOur 24 Hour Telephone Banking Service.“Bill Payment” means a transfer of funds into anaccount belonging to a third party using Our 24Hour Telephone Banking Service. “Customer Number” means the customer numberwhich is advised to a User in the 24 HourTelephone Banking Service Letter.“Nominated User(s)” means a person who has:(a) been authorised by the Account Holder (or in

the case of a joint Account the AccountHolders) under Clause 5 and in accordancewith these Special Terms and Conditions;

(b) complied with the requirements which Wespecify shall apply from time to time inrespect of Nominated Users (including, forexample, providing Us with suchdocumentation as We may require);

(c) been accepted by Us; and(d) accepted these Special Terms and

Conditions to operate an Account (asspecif ied in the Mandate(s) relating to theNominated User) through the 24 HourTelephone Banking Service all in accordancewith the provisions of these Special Termsand Conditions.

“Telephone Banking Security Information” meansa User’s ACN and Customer Number used inconnection with the 24 Hour Telephone BankingService.“24 Hour Telephone Banking Serv ice” means the24 Hour Telephone Banking Service We makeavailable through the public telecommunicationnetwork to enable the receipt and transmission ofinformation by telephone (including in relation to anAccount) as well as the making of payments fromYour Account. “24 Hour Telephone Banking Serv ice Letter”means the letter from Us to You or a NominatedUser of fering access to Our 24 Hour TelephoneBanking Service.“User” means You (where You are registered as aUser pursuant to Clause 3) and a Nominated User.“User Guide” means the user guide which Weissue to each User in connection with the use ofOur 24 Hour Telephone Banking Service whichexplains how the service operates and how toperform various functions associated with theservice, as updated from time to time.

Of fer1. We, of fer to make available to You and any

Nominated User on these Special Terms andConditions the 24 Hour Telephone BankingService.

2. You, and in the case of a Nominated User, theNominated User should read these SpecialTerms and Conditions carefully before takingany of the steps set out in this Clause 2. If there is any point You do not understandYou should contact Us before proceeding.We will rely on these Special Terms andConditions as soon as You take any of thefollowing steps:

(a) when You, or in the case of a NominatedUser, the Nominated User, sign andreturn to Us the Agreement for 24 HourTelephone Banking Service;

(b) when You complete Our Mandate(s)referred to in Clause 5 below;

(c) when You, or in the case of a NominatedUser, the Nominated User, f irst accessthe 24 Hour Telephone Banking Serviceusing the User’s Telephone BankingSecurity Information.

3.1 Once You, or in the case of a Nominated User,the Nominated User:(a) has taken any of the steps set out in

Clause 2 of these Special Terms andConditions; and

(b) accessed the 24 Hour Telephone BankingService using the User’s TelephoneBanking Security Information;

We will register You, or in the case of aNominated User, the Nominated User, as aUser of the 24 Hour Telephone BankingService in accordance with these SpecialTerms and Conditions.

Once a User is registered, the User may usethe 24 Hour Telephone Banking Service inaccordance with these Special Terms andConditions.

3.2 The User agrees to follow the instructionsgiven in the User Guide.

4. You agree and acknowledge that aninstruction from a User to Us using correctTelephone Banking Security Information viathe 24 Hour Telephone Banking Service willbe treated by Us as Your consent to complywith that instruction and We will treat it as a

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valid and irrevocable authority for Us tofollow that instruction. Accordingly, We may(subject to any legal or regulatoryrequirements, without enquiring into thepurpose or circumstances of the instructionsor transaction) honour such instruction evenif such instruction causes an Account tobecome overdrawn. This consent to make apayment out of Your Account cannot bewithdrawn once We have received aninstruction. We are liable only for theexecution of a payment transaction inaccordance with the Sort Code and AccountNumber (or where applicable the BIC andIBAN) for the Payee's Account that You havegiven to Us. This is the case even if You havegiven Us additional information about thePayee. However, if the instruction relates to apayment by Direct Debit or Standing Order orother future dated payment, please refer toClause 5.5 of the General Terms andCondition – Business or Clause 5.5 of theGeneral Terms and Conditions – Personal(whichever is applicable).

Nominated User5. We may allow You to nominate a person as a

Nominated User to access and/or operate anAccount. We will ask You to complete aMandate. You may notify Us in writing thatYou wish to amend or revoke the Mandate(s)which You have executed in respect of aNominated User. A Nominated User's right touse the 24 Hour Telephone Banking Serviceto access and/or operate an Account will bewithdrawn when You have notif ied Us whenYou want that to happen.

6. Subject to Clause 5, You are liable for anyuse or operation of an Account by aNominated User as if the Account had beenused or operated by You. You should ensurethat any Nominated User has read andunderstood these Special Terms andConditions. You must also ensure that theNominated User complies with all Yourobligations under these Special Terms andConditions.

7. A User may continue to use the 24 HourTelephone Banking Service unless:(a) Our 24 Hour Telephone Banking Service

is cancelled or terminated under theseSpecial Terms and Conditions; or

(b) access for that User to the 24 HourTelephone Banking Service is deniedunder these Special Terms andConditions; or

(c) where that User is a Nominated User, theMandate provided by You in relation tothat Nominated User is revoked by You.

Use of Our 24 Hour Telephone Banking Serv ice8. You and any Nominated User agree and

acknowledge that:(a) (subject to Clause 24) a payment

instruction which is received before theCut-of f Time as set out in the PaymentTable will be processed on the same daybut if it is received after the Cut-of f Timeit will be processed on the next BusinessDay after the instruction is received;

(b) the balance information for an Accountwill include items that are not cleared;and

(c) a User will not have access to Bill PayeeDetails set up by another User on the 24Hour Telephone Banking Service even

where such Users have access to thesame Accounts on the 24 Hour TelephoneBanking Service.

Details of Cut-of f Times and otherinformation relating to timing of paymenttransactions are set out in the PaymentTable provided in the General Terms andConditions.

9. You and any Nominated User agree that Youand any Nominated User shall not make useof all or any part of Our 24 Hour TelephoneBanking Service or any information availableon Our 24 Hour Telephone Banking Serviceon behalf of any third party (other than aspermitted by these Special Terms andConditions), or resell or otherwise make allor any part of Our 24 Hour TelephoneBanking Service available to a third party(other than as permitted by these SpecialTerms and Conditions).

10. You and/or the Nominated User shall adviseUs without delay if You and/or the NominatedUser encounters any interruption or failureof Our 24 Hour Telephone Banking Service. Itis Your and/or the Nominated User’sresponsibility to use other means of ef fectingtransactions and giving and obtaininginformation if for any reason Our 24 HourTelephone Banking Service is unavailable foruse or malfunctioning. We will advise Youand/or the Nominated User of the alternativemeans to be used to communicateinformation and operating instructionsduring the period Our 24 Hour TelephoneBanking Service is interrupted.



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Fees11. When using the 24 Hour Telephone Banking

Service, transactions instructed by You andany Nominated User for payment of bills fromany of Your or the Nominated User’s creditcard or corporate card Accounts with Us willbe treated as cash advances and charged inaccordance with the terms and conditions(and current tarif f where applicable) relatingto Your or the Nominated User’s credit cardor corporate card agreement which havebeen provided to You or the Nominated User.

12. Any fees and service charges will becalculated and applied in accordance withOur ‘Fees and service charges explained’leaf lets.

Your Responsibilit ies13. You and any Nominated User are responsible

for the acquisition, operation andmaintenance of communications equipmentwhich can communicate with the equipmentand software used by Us from time to time inconnection with Our 24 Hour TelephoneBanking Service.

14. You must take all reasonable steps to keepYour Telephone Banking Security Informationsafe. You must:• change Your ACN allocated to You by Us

when You f irst access Our 24 HourTelephone Banking Service and thereafterat least once every three months;

• Never permit any other person to useYour Telephone Banking SecurityInformation. If You wish to permit anyother person to use Your Account thenYou should ask Us to give You the relevantapplication form to appoint that person as

a Nominated User;• Never disclose Your Telephone Banking

Security Information to any other person(not even the police or Bank staf f);

• Never respond to an email, SMS (textmessage) or telephone request, evenwhere this appears to be from Us, whichasks You to disclose Your TelephoneBanking Security Information or any partof it. The Bank will never send You anemail, SMS (text message) or telephoneYou to seek this information. If Youreceive an email. SMS (text message) or atelephone call of this nature then it islikely to be fraudulent;

• Never record or store Your TelephoneBanking Security Information anywhere(including, for example, the memory of anytelecommunications equipment used toaccess Our 24 Hour Telephone BankingService) without at f irst takingreasonable steps to disguise it; and

• Immediately report to Us if YourTelephone Banking Security Informationis lost or stolen or You think someoneelse knows it You should comply withClause 16.

15. You must ensure that a Nominated Usercomplies with the provisions of Clause 14 inrelation to their Telephone Banking SecurityInformation.

16.1 If:(a) a User’s Telephone Banking Security

Information becomes known (or You orthe Nominated User suspects it hasbecome known) to anyone other than theUser;

(b) any correspondence from Us containing aUser’s ACN and/or Customer Numberhas been, or appears to have been,opened or tampered with;

(c) You or the Nominated User becomesaware of any unauthorised transaction orerror on an Account using 24 HourTelephone Banking Service; or

(d) You or the Nominated User thinkssomeone else has or may try to accessYour Account;

You and/or the Nominated User mustimmediately notify Us without undue delay.You and/or the Nominated User can do thisin the ways set out in Part 1 of the GeneralTerms and Conditions - Personal or Business(whichever is applicable) under the heading“How You can contact Us”. Further detailsare available in any Branch and on OurWebsite.

16.2 Further details about Your liability and Ourliability are set out in Clauses 6 and 7 of theGeneral Terms and Conditions - Personal orBusiness (whichever is applicable)..

Allocation of liabilit ies17. You are liable for any breach by a Nominated

User of these Special Terms and Conditionsas if such breach had been committed by You.

18. You will be liable for any loss or damageincurred by another party due to breach ofthese Special Terms and Conditions by Youor by any Nominated User where suchbreach constitutes fraud or negligence byYou or by any Nominated User and You shallindemnify Us for any such claims madeagainst Us by other parties and for any costsincurred in respect of such claims.

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19. Without prejudice to the provisions ofClauses 6 and 7 in the General Terms andConditions - Personal or Business(whichever is applicable), You and eachNominated User acknowledge that, subject toYour and their rights implied at law whichcannot be excluded, We are not liable:(a) for any breakdown or interruption in Our

24 Hour Telephone Banking Service dueto circumstances beyond Our reasonablecontrol or for periods of planneddowntime, including, without limitation,for routine maintenance to computing orelectronic or other communicationsequipment or software;

(b) for any breakdown in, interruption orerrors caused to Your or the NominatedUser’s telecommunications, computer orcomputing equipment or software as aresult of using Our 24 Hour TelephoneBanking Service;

(c) to a Payee where a User providesincorrect information (for example, where,in the case of a Domestic ElectronicPayment, a User does not provide thecorrect Sort Code and Account Numberfor the Payee);

(d) for any delays or errors by other parties;(e) for any loss of prof it, loss of revenue, loss

of data, loss of use, loss of goodwill, lossof savings, interruption of business orclaims of third parties or any other costsor losses, whether caused to You or athird party, that are indirectly caused bythe event which led to any claim againstUs, unless specif ically stated in theseSpecial Terms and Conditions even if Wehave been advised of the possibility ofsuch loss or damage;

(f) for any reliance placed by You or anyNominated User on any part of OurWebsite or these Special Terms andConditions which may have been storedor retained by You or any Nominated Userand which may be out of date orotherwise amended (where applicable, inaccordance with these Special Terms andConditions) at any time and from time totime;

(g) for losses or damage suf fered by You orany Nominated User which results fromany event referred to in Clause 28.2 ofthe Bank’s General Terms and Conditions– Personal or Clause 27.2 in the GeneralTerms and Conditions - Business(whichever is applicable);

(h) for losses or damage which arise due toany disclosure by a User of his/herTelephone Banking Security Information;or

(i) for losses or damage which arise due toany failure or defect in Your or anyNominated User’s telecommunicationsequipment.

20. Nothing in these Special Terms and Conditionsshall:(a) exclude or restrict Our liability for

fraudulent misrepresentation by Us, Ouremployees, of f icers or agents or for deathor personal injury resulting from Ournegligence or the negligence of Ouremployees, of f icers or agents; or

(b) operate so as to af fect Your or aNominated User’s statutory rights whereOur services are supplied to You or aNominated User as a consumer.

Our Responsibilit ies21. We are not responsible for:

(a) Any destruction, alteration or loss of ordamage to Your or any Nominated User’sdata or for delay, errors or omissions inany transmission of Your or anyNominated User’s data or for any otherevents af fecting Your or any NominatedUser’s data which occur prior to the databeing received by Us or which occur as aresult of transmission over any publictelecommunications network;

(b) Any consequences of the events referredto above, even if the result is non-payment or multiple payment of, or delayin ef fecting, the relevant payment orderor other transaction;

(c) Any information becoming known to anythird party as a consequence of errors inthe transmission of Your or anyNominated User’s data or as aconsequence of any third party gainingunauthorised access to the datatransmission line in Our equipment orsoftware (provided that We comply withOur obligations to take appropriatemeasures to protect againstunauthorised access by any third party toany of Your or a Nominated User’spersonal data retained by Us).

22. You and any Nominated User acknowledgethat We may reverse the linking of anAccount to Our 24 Hour Telephone BankingService for any reason (including, withoutlimitation, because the relevant Account hasbeen closed).



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23. You and any Nominated User acknowledgethat the correctness of information about anAccount which a User obtains through Our24 Hour Telephone Banking Service issubject to checking by Us as part of Ournormal procedures and ref lects the entriesthat have been posted to the relevantAccount at the time the information isobtained.

Suspending or Terminating Your 24 HourTelephone Banking Serv ice24.1 We can stop or suspend Your use of Your

Telephone Banking Security Information, the24 Hour Telephone Banking Service or anyservice on 24 Hour Telephone Banking:(a) where We reasonably believe that a

User’s Telephone Banking SecurityInformation is at risk;

(b) where We have reasonable grounds tosuspect unauthorised or fraudulent useof the Telephone Banking SecurityInformation or the 24 Hour Telephonebanking Service;

(c) where Your Account is overdrawn andWe believe that there is a signif icantlyincreased risk that You may be unable tofulf il Your obligations to repay theoverdrawn amount;

(d) where We have a legal obligation to do so:or

(e) where You have broken the terms of thisAgreement or any of the terms of theGeneral Terms and Conditions.

We may also refuse to carry out individualtransactions on Your Account in accordancewith Clause 9 of the General Terms and

Conditions – Personal or Business(whichever is applicable).

24.2 Where We have exercised Our rights underClause 24.1 We will where reasonablypossible (and where it would not be a breachof security or against the law) give Youappropriate notice of Our intention to do soand explain Our reasons. If We have notcontacted You in advance and a paymentinstruction from You is refused We will try tomake this information available to You on the24 Hour Telephone Banking Service. You canalso get this information if You contact Us.See the section in Part 1 of the GeneralTerms and Conditions - Personal or Business(whichever is applicable) “How You cancontact Us”. We will replace Your TelephoneBanking Security Information and the 24Hour Telephone Banking Service as soon asreasonably practicable after the reasons forstopping its use cease to exist.

24.3 You can terminate these Special Terms andConditions and therefore Your 24 HourTelephone Banking Service at any time andwithout penalty by notifying Us in writing orby contacting Your Branch.

24.4 If this Agreement is purportedly terminatedby either You or Us at a time when You arealso a Nominated User in relation to theAccounts of another Account Holder, YourTelephone Banking Security Information willremain useable in relation to Your Accountsnotwithstanding such termination and Youwill continue to be bound by these Terms andConditions until the Agreement for 24 HourTelephone Banking Service is terminated.

24.5 We can terminate these Special Terms and

Conditions and therefore Your 24 HourTelephone Banking Service by giving You atleast two months' notice for any of thereasons set out in Clause 20 of the GeneralTerms and Conditions - Personal or Business(whichever is applicable). If You are aCorporate Opt-out Customer then this Clause24.5 will apply save that the period of noticecan be less than two months but will alwaysbe at least thirty days.

24.6 If Your Account is terminated in accordancewith the provisions of the General Terms andConditions,then Your 24 Hour TelephoneBanking Service will be automaticallyterminated.

24.7 If Your 24 Hour Telephone Banking Service isterminated in accordance with this Clause24, then each User’s access to the 24 HourTelephone Banking Service in relation to YourAccount will automatically be terminated.

24.8 If a Nominated User's Mandate is withdrawnin accordance with Clause 7, then thatNominated User's access to the 24 HourTelephone Banking Service in relation to YourAccount will automatically be terminated.

24.9 Any termination of this agreement or the useof a User’s 24 Hour Telephone BankingService is without prejudice to any accruedrights and/or remedies.

Disputes25. In relation to any dispute the properly

authenticated messages as archived on Ourequipment shall be admissible as evidence ofthe contents of those messages.

Special Terms and Conditions – Business eBanking and Digital Signature

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Sect ion 10Special Terms and Condit ions – Business eBanking and Dig italSignature

IntroductionBusiness eBanking is the Bank’s internet-basedof f ice-banking system, which provides access toaccount information, payments and otherTransactions requested by the Customer.

The Terms and Conditions for Business eBankinginclude a description of the system.

Part 1 – describes the options available inBusiness eBanking and how to use the system.

Part 2 – describes the security requirements forBusiness eBanking Users.

Part 3 – describes the contractual aspects ofconnecting to Business eBanking.

These Special Terms and Conditions (the “BusinesseBanking Terms”) supplement the Danske BankBusiness Banking General Terms and Conditions(the “General Terms” which apply to Your Accountwith Us). Any def ined terms in these BusinesseBanking Terms will have the same meaning givenin the General Terms unless stated otherwise. Inthe case of any conf lict between the conditions setout in the General Terms and those in the BusinesseBanking Terms, then the terms of these BusinesseBanking Terms shall prevail in relation to theBusiness eBanking Service only.

IMPORTANT INFORMATION ABOUTTHESE TERMS AND CONDITIONS ANDHOW THEY APPLY TO CUSTOMERS

If the Customer is a Corporate Opt-outCustomerIf the Bank has notif ied the Customer that it is aCorporate Opt-out Customer then some of theseBusiness eBanking Terms will apply dif ferently asexplained in the separate Corporate Opt-outnotif ication provided to the Customer. To enablethe Customer to identify the Conditions that applydif ferently to it and to allow the Customer tocompare the terms with those that apply to retailand small business customers, the Conditions thatapply to the Customer which are dif ferent areshaded in grey, and the dif ferences explained. Thegrey shading is for ease of reference only, and isnot intended to form part of the Agreement.

All Conditions that contain no shading apply toevery Customer as stated.

If the Customer is not a Corporate Opt-outCustomerIf the Bank has not notif ied the Customer that it isa Corporate Opt-out Customer the sectionscontained in grey shaded areas do not apply to theCustomer and do not form part of the Agreement.

If the Customer has any queries in relation to theCorporate Opt-out it should contact the Bank.These Business eBanking Terms are written andavailable only in English and the Bank undertakesto communicate with the Customer in English.

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Part 1 – Business eBanking – GeneralDescr ipt ion

Index to this Part 11. Registered Accounts

2. Modules

3. User Authorisation

4. User Authorisation – where the User is granted Administration privileges

5. Authorisation Types

6. Sending an Instruction via Business eBanking

7. Functions within Business eBanking

8. eArchive

9. Using a Mobile Device to access Business eBanking

10. Using the Digital Signature to access the Registered Accounts via a Third Party Provider (TPP)

11. Customer Support

Business eBanking is an online banking service forCustomers of the Bank. The Customer will completean Access Agreement which sets out the Modules andServices within Business eBanking which theCustomer has requested access to. The Customergives access to Business eBanking by authorisingUsers. The Customer can grant a User Administrationprivileges. Such a User is known as an Administrator.Where a User has been granted Administration rightsthen references to the Customer in these SpecialTerms and Conditions should be construed accordinglyso that anything which an Administrator does underthe terms of the User Authorisation shall be treatedas if it was done by the Customer. The Administratorcan authorise other persons as Users and can alsomanage the access rights that those Users have. The

User Authorisation will specify the authorisationsand privileges granted to the User.

The options available within Business eBanking aredescribed in this Part 1:

1. Registered Accounts Accounts must be registered in Business

eBanking before a Customer can makeTransactions via the Service. Accounts areregistered via the Access Agreement. Thefollowing Accounts can be registered inBusiness eBanking:a. Account(s) which the Customer holds

with the Bank – including any Accountswhich are opened by the Customer afterthe date that the Business eBankingagreement is entered into;

b. Third Party Account(s) held with the Bankand to which the Customer has beengranted access by means of a Third PartyMandate (the Third Party will be requiredto sign a letter of consent);

c. Accounts which the Customer holds withanother bank in the Danske Bank Group.The Customer will be required to sign aletter of consent addressed to the otherbank within the Danske Bank Group;

d. Third Party Account(s) held with anotherbank in the Danske Bank Group and towhich the Customer has been grantedaccess by means of a Third PartyMandate. The Third Party will also berequired to sign a letter of consentaddressed to the other bank within theDanske Bank Group;

e. Accounts which the Customer or a ThirdParty holds with another bank which isnot part of the Danske Bank Group. Theseaccounts will be listed in Business

eBanking but in order to access theaccounts the Customer must havecompleted a SWIFT agreement with theother bank and in the case of a ThirdParty account with another bank the Bankmust also have received the necessarymandate from the Third Party.

If the Customer wishes to carry out aTransaction in respect of any RegisteredAccount via SWIFT MT101 (paymentrequests) or MT940 (balance enquiries)then the Customer must complete thenecessary agreement with the relevantbank and that bank must provideconf irmation to the Bank that thenecessary agreement has beencompleted.

The Customer should check the list ofAccounts which are registered inBusiness eBanking and refer any queriesto the Bank. Only Registered Accountscan be accessed via Business eBanking.

2. Modules2.1 The Business eBanking Service is provided

through a number of Modules. The AccessAgreement will specify the Modules whichthe Customer has selected. A briefdescription of each of the Modules is set outin the Module Description which is availableon request. The Modules available include, byway of example, the Account InformationModule, which provides general informationabout the Registered Accounts including thebalance and a list of transactions.

2.2 The Notif ication Module is providedautomatically and will be available to allUsers unless the Customer has informed the



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Bank that it does not want any User toreceive notif ications. The Notif icationModule allows a User to request that he/sheis sent an unencrypted email or textmessage when a specif ied action/eventoccurs.

2.3 When a Customer selects certain Modules itmay be necessary for a separate ModuleAgreement to be entered into. Where thisapplies the Access Agreement will refer tothe Module Agreement. By way of example aseparate Module Agreement will be requiredwhere the Customer selects the CollectionService UK Module.

2.4 The Access Agreement will also specify thetypes of Transactions which can be carriedout or created on the Registered Accounts.The Customer can then authorise Users tocarry out Transactions of the types specif ied.

3. User Authorisation3.1 All Users performing Transactions using the

Service on behalf of the Customer or a ThirdParty must be duly authorised to do so by theCustomer. This authorisation is set out in theUser Authorisation for each User which willspecify the extent of the User’s authorisationto access and use the Service. The UserAuthorisation applies only to the User’s useof the Service and does not apply toTransactions carried out by other meanssuch as at the branch counter.

3.2 It is the Customer’s responsibility to:(i) periodically review the User

Authorisations. The Customer acknowledges and agreesthat the Bank may from time to timemake changes to the functions availablewithin a Module and this will mean thatthe User will have access to that new

functionality. The Bank will provide theCustomer with a notice setting out anychanges as referred to in this Conditionand the Customer will have theopportunity to amend or revoke the UserAuthorisation as set out in Conditions 3.8and 3.9 respectively. Where theCustomer wishes to cancel theAdministration Module reference shouldbe made to Condition 4.8.

(ii) ensure that each User complies with theprovisions of the Agreement, inparticular, these Business eBankingTerms, the General Terms, and any otherterms and conditions relevant to theUser’s access to the Service. AnyInstruction received via BusinesseBanking from a User (subject to theterms of the User Authorisation) will betreated as if it was an Instruction fromthe Customer.

3.3 The User Authorisation will set out thefollowing matters in respect of each User:

3.3.1 Modules to which the User has access;3.3.2 The types of Instruction that the User can

send via Business eBanking;3.3.3 The type of authorisation that is being

granted in respect of each RegisteredAccount as follows:-• Separate authorisation• Two persons jointly (A authorisation)• Two persons jointly (B authorisation)• Two persons jointly (C authorisation)

The various authorisation types aredescribed in more detail in Condition 5.

3.3.4 The Transaction types the User is to haveaccess to;• Payments between accounts registered

on the Business eBanking Agreement inthe same country within the Danske Bank

Group;• Payment requests via SWIFT MT101;• Payments into accounts not registered on

Business eBanking within or outside theDanske Bank Group - including paymentby foreign cheques;

• Cross-border payments to RegisteredAccounts and unregistered accountswithin or outside the Danske Bank Group;

• SEPA Direct Debit collection orders.

In respect of each Transaction type the UserAuthorisation should specify whether theUser is to be authorised to create andapprove, or only to create, the Transactionsselected. If the User is authorised to bothcreate and approve payments, the relevantauthorisations for each Transaction typemust also be stated. Save and except forSEPA Direct Debit collection orders (whereonly separate authorisation is available), thefollowing authorisations are available atTransaction level:• Separate authorisation• Two persons jointly (A authorisation)

The various authorisations are described inCondition 5.

In general, the selected authorisation is usedfor all Transactions within each Transactiontype. If the Customer has selected a morerestrictive authorisation at Account levelthen this authorisation will apply forpayments to unregistered accounts andTransfers abroad.

3.4 User Authorisation for Trade Finance If a User is authorised to issue letters of

credit, collect debt and/or issue guarantees,

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the User Authorisation will specify that theUser has access to the Trade FinanceModule.

The User Authorisation will also specifywhich of the following Transaction types theUser should be able to carry out:• letters of credit (exports and/or imports);• debt collection (exports and/or imports);• guarantees.

The User Authorisation must also statewhether the User is to have access to:• create and enquire;• create and approve – two persons jointly

(A authorisation); and/or• create and approve – separately

(Separate authorisation).3.5 User Authorisation for the Collection Service

– SEPA Direct Debit Module To be able to create SEPA Direct Debit

collections the Customer must register theUser for the Collection Service - SEPA DirectDebit module. This will give the User accessto:• Collections• Reimbursements• Refund

In all cases only separate authorisation isavailable for Users.

3.6 User Authorisation for Markets OnlineCurrency Trading Module

3.6.1 If a User wishes to have access toinformation, be able to view trade positionsand buy and sell foreign exchange (at spotand forward rates), the User must haveaccess to the Markets Online CurrencyTrading module. Access to buy and sellforeign exchange also requires that theCustomer grants the User currency tradingauthorisations. These authorities only

authorise the User to perform Transactionson behalf of the Customer via Markets OnlineCurrency Trading.

3.6.2 All Transactions relating to purchase andsale of foreign exchange (spot and forward)require the User to have been granted therelevant mandate, known as "Mandate -Currency Transactions (Markets Online)"("V5 mandate") by the Customer. In relationto spot Transactions the Customer must, inaddition to the V5 mandate, have granted theUser a further mandate - "Mandate ForForeign Exchange Spot Transactions (VS)". Inrelation to Forward Foreign ExchangeTransactions the Customer must, in additionto the V5 mandate, have entered into a"Master Agreement for Currency andDerivative Trading" or an "InternationalSwaps and Derivatives Association MasterAgreement" with the Bank.

3.6.3 The User Authorisation must state theaccounts that the User is authorised toinquire about or trade in.

3.7 User Authorisation for Card Administration A User who is granted card administration

rights can access the Cards Module as setout in the User Authorisation.

Use of the Cards Module does not alter theTerms and Conditions for the Corporate CardAccount. It remains the responsibility of theCustomer to ensure that a suitable creditlimit is agreed with the Bank.

3.8 Amending a User Authorisation Any amendment of a User’s Authorisation

must be communicated in writing to the Bankor other relevant documentation (asappropriate). Alternatively the UserAuthorisation can be amended in BusinesseBanking by an Administrator.

The Customer acknowledges andunderstands that amendment of a UserAuthorisation will only amend a User’saccess to the Service (as set out therein)and not access to accounts, products orother services given by the general accountmandate or otherwise.

3.9 Revoking a User Authorisation User Authorisations can be revoked by: • By writing to the Bank

• By an Administrator who has the requisite privileges

The Customer will continue to be responsiblefor all Transactions carried out by the Useruntil the revocation has become ef fective.

If the Customer terminates the entireBusiness eBanking Access Agreement, theBank will treat this as revocation of all UserAuthorisations granted under theAgreement.

The Customer acknowledges andunderstands that revocation of a UserAuthorisation will only revoke a User’saccess to the Service (as set out therein)and not access to accounts, products orother services given by the general accountmandate or otherwise.

If the Customer and/or a third party hasgranted the User a general account mandate,this mandate must be revoked separately. Itis not suf f icient for the Customer merely torevoke the Business eBanking UserAuthorisation.



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4. User Authorisation – where the User isgranted Administration priv ileges

4.1 Where the Customer has selected theAdministration Module the Customer will beable to appoint a User with Administrationprivileges (an “Administrator”). The UserAuthorisation will specify whatAdministration privileges have been granted.The following Administration privileges maybe granted:• Agreement Administration (see Condition

4.2)• User Administration (see Condition 4.3)• Agreement Information (see Condition

4.4)• Log-on and blocking (see Condition 4.5)• Payment Limit - Account (see Condition

4.6)For Users granted Agreement and/orUser Administration privileges, the UserAuthorisation will specify the extent ofthe User’s authority to access and usethe Service. This will include whether theUser has been granted the authority to:

• Create but not approve• Create and approve separately• Create and approve two persons jointly

A User granted Agreement and UserAdministration privileges must have thesame approval rights for both privileges.

4.2 Agreement Administrator A User who is granted Agreement

Administration privileges is authorised toperform the following on behalf of theCustomer:• request that Users be granted Agreement

Administration privileges or that suchprivileges be modif ied

• delete Agreement Administrationprivileges

• create, modify and delete UserAdministration privileges – seeConditions 4.3

• create and delete Agreement Informationprivileges – see Condition 4.4

• create and delete user privileges inrelation to Log-on and blocking – seeCondition 4.5

• request that Users be granted privileges,or that such privileges be modif ied, inrelation to the setting of Payment Limitson any of the registered accounts – seeCondition 4.6

Agreement Administrators may grant theseprivileges to themselves and others.

If an Agreement Administrator requests thata User should be granted the authority toapprove the creation, modif ication anddeletion of Agreement Administrationprivileges then the Bank will always requiresuch a request to be approved in writing bythe Customer. The Administrator shouldarrange for the authorisation to be signedand sent to the Bank. In all other cases listedabove, the Agreement Administrator willaccept the User Authorisation when he/sheenters his/her Digital Signature through theSecurity System.

4.3 User Administrator A User who is granted User Administration

privileges is authorised to perform thefollowing on behalf of the Customer:• create and modify Users, including giving

Users access to the required modules,accounts, card administration, automaticaccess to future accounts, authorisationsand transaction types

• create, modify and delete User’s Payment

Limits in relation to all payments onregistered accounts

• create and modify User information• delete Users

User Administrators can grant theseprivileges to themselves and others.

4.4 Agreement Information The User overview allows appointed

Administrators with Agreement Informationprivileges to search by Agreement Users andview their individual privileges (includingbasic data, modules, Administrationprivileges, access to Accounts and paymentaccess).

Administrators have access to the Useroverview and selected documents shown inBusiness eBanking eArchive.

4.5 Log-on and BlockingA User who is granted Log-on and Blocking

privileges is authorised to perform thefollowing on behalf of the Customer:

• order Temporary PINs for Users• order eSafeID device for Users• block and unblock Users

This privilege can only be granted as aseparate authorisation.

4.6 Payment Limits An Administrator who is granted Payment

Limit – Account privileges is authorised toperform the following on behalf of theCustomer:• create, edit and delete Payment Limits on

the accounts which the Users have beengranted access to.

• create, edit and delete Payment Limits onthe User

The User Authorisation will specify theextent of the User’s authority to access anduse the Service. This will include whetherthe User has been granted:

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• separate authorisation• two persons jointly [A Authorisation]• two persons jointly [B Authorisation]• two persons jointly [C Authorisation].

If a Payment Limit is exceeded payments maynot be processed until appropriate action istaken by the Customer.

4.7 Restrict access to create payment andcreditors

This option is only available when using theAdministration Module and is in accordancewith the following options:

Administrators can grant access to restrictaccess to create payments using creditors inthe following ways:

• Create payments to creditors only• No restrictions

Administrators can also grant access tocreating creditors in the following ways:

• Cannot create or approve creditors• Can create creditors• Approve creditors alone• Approve creditors two jointly• Create and approve creditors alone• Create and approve creditors two jointly

4.8 Cancellation of the Administration Module If the Customer cancels the Administration

Module, then the Payment Limits which havebeen authorised will continue to beapplicable to the Agreement. In respect ofany Accounts which are opened after thedate of cancellation of the AdministrationModule Payment Limits on Accounts will notapply but Payment Limits on Users willcontinue to apply. The Customer must

contact the Bank in writing if he wishes toamend or cancel any Payment Limits whichhave been authorised.

After cancellation of the AdministrationModule any Users who have been grantedautomatic access to future accounts will nothave automatic access to any futureaccounts opened.

Where the Access Agreement states thatthe Customer has accepted theAdministration Module the UserAuthorisation will also specify whether theUser has been granted Administrationprivileges. The User Authorisation willspecify what those Administration Privilegesare. Condition 4 describes the dif ferenttypes of Administration privileges that maybe specif ied on the User Authorisation.

5. Authorisation Types5.1 The Bank operates with the following

authorisation types:• Separate authorisation;• Two persons jointly (A authorisation);• Two persons jointly (B authorisation);• Two persons jointly (C authorisation); and• Authority to create payments.

The classif ication of Users into A authority,B authority and C authority is used to controlwhich Users can authorise the Customer’spayments jointly. B authority or C authorityholders are not authorised to approvepayments jointly with other Users holding thesame type of authority. All types of authoritycan be established as applying either to allthe Customer’s present and future accountsor to specif ically listed accounts only.

5.2 The Customer understands andacknowledges that:

(a) granting a User access to the Service formaking Third Party Payments will enablethat User to authorise payments to anyaccounts

(b) a User may be entitled to ef fect payments(or engage in any other Transaction)through Business eBanking which he hasnot been authorised to ef fect throughother channels such as over the counterin a branch.

5.3 The authorisations are described in thefollowing conditions.

Separate authorisation When requests or payments are created or

changed by a User with this authorisation,they are automatically deemed to have beenfully authorised. Users with thisauthorisation can also approve requests orpayments created by Users with all otherauthorisation types.

Two persons jointly (A authorisation) “A authority” for the joint authorisation of

payments by two persons. Holders of thistype of authority are considered to be ofequal rank; hence the order in which theyauthorise payments is irrelevant. If apayment is entered by a User holding thistype of authority, the payment is consideredto have been authorised by this User (f irstauthorisation). Execution of the paymentrequires an additional authorisation (secondauthorisation) by a separate duly authorisedUser (holders of either single authority, or Aauthority, B authority or C authority).



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Two persons jointly (B authorisation) “B authority” for the joint authorisation of

payments by two persons. If a payment isentered by a B authority holder, the paymentis considered to have been given f irstauthorisation. Execution of the paymentrequires an additional authorisation (secondauthorisation) by a separate duly AuthorisedUser (holders of either separate authority, orA authority or C authority). The paymentcannot be authorised by two Users with Bauthority.

Two persons jointly (C authorisation) “C authority” for the joint authorisation of

payments by two persons. If a payment isentered by a C authority holder, the paymentis considered to have been given f irstauthorisation. Execution of the paymentrequires an additional authorisation (secondauthorisation) by a separate duly AuthorisedUser (holders of either separate authority, orA authority or B authority). The paymentcannot be authorised by two Users with a Cauthority.

Authority to Create payments Holders of this type of authority are

authorised to set up payments in BusinesseBanking, but not to authorise payments.Payments created by holders of this type ofauthority must subsequently be authorisedeither by a User with separate authority orby two Users with authority to authorisepayments jointly (see above).

6. Sending an Instruction v ia BusinesseBanking

6.1 A request by a User for a Transaction inBusiness eBanking, for example a payment, iscalled an Instruction. If the Instruction isreceived using the services of a TPP whichuses the Open Banking APIs then theInstruction will not be processed in BusinesseBanking. Instead the User will be redirectedby the TPP to a secure page within theBank’s Website and Clauses 5.5.9 and 8 inthe General Terms will apply to thatInstruction. The User will not be using theBusiness eBanking Service. If the Instructionis made using the services of a TPP whichuses Screen-scraping techniques then theInstruction will be dealt with as a BusinesseBanking request and the Customeracknowledges that the Bank may not beaware that the instruction is being receivedusing the services of a TPP.

6.2 Payments from a Registered Account –Information and Consent Required

6.2.1 In order to make a Payment out of aRegistered Account, the User will need toprovide the Bank with the information set outin the General Terms.

6.2.2 The Bank will only process a payment out ofa Registered Account using the Service if theCustomer has given the Bank consent tomake the payment. The Customer willconsent to each payment being made wherethe Instruction is given by the User inaccordance with the User Authorisation andby the User validating the request by makingit through the Security System and using thecorrect Digital Signature:(a) User ID;

(b) Personal Security Password orTemporary PIN (where relevant);

(c) Security Code (when required to do so);6.3 Binding requests Requests carried out in accordance with the

Instructions where consent has been givenas set out in Condition 6.2 are binding on theCustomer and the Customer or User cannotwithdraw its consent to a payment from itsAccount once the Bank has received theInstruction to make a payment. The datewhen the Bank is deemed to have receivedthe Customer’s instruction is the Entry Dateas set out in the Payment Table.Consequently, the Bank cannot reversepayments, trades in foreign exchange orother Transactions, including foreign chequeissuance, f inalised in accordance with therequest where a Customer has consented tothe Transaction in accordance with Condition6.2 unless specif ied in any Special Termsand Conditions.

6.4 The Payment Table The Payment Table sets out information

about the processing times that apply toTransactions made using the Service. ThePayment Table is subject to variousassumptions as stated therein. TheCustomer must ensure that it refers to thecorrect section of the Payment Table for therelevant information for Business eBanking.

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7. Functions within Business eBanking7.1 Making Payments (this Condition does not

apply where the User accesses the Accountusing the services of a TPP which uses theOpen Banking APIs)

Subject to the terms of the UserAuthorisation, Users can instruct the Bankto make a payment from a RegisteredAccount.

Cross border payments can be processed byselecting from the following options:• Without exchange – where no exchange is

required. For example, the payment isbeing made in the same currency as thebenef iciary account;

• The Bank’s Fixing rate – this will be the“Danske Bank Exchange Rate (UK)” or abetter rate, for the relevant currency onthe applicable day at such time as theBank may select;

• The Bank’s Spot Rate – no longeravailable;

• Agreed Rate – A rate agreed in advance,with the Bank, for the specif ic payment.An Agreement number must be held bythe Customer to use this rate;

• Forward Rate – A rate agreed in respectof a Forward Contract agreed betweenthe Customer and the Bank. A ForwardContract number must be held by theCustomer to use this rate.

7.2 Conf idential Payments (this Condition doesnot apply where the User accesses theAccount using the services of a TPP whichuses the Open Banking APIs)

Subject to the terms of the UserAuthorisation a User may be authorised tomake Conf idential Payments and/or makeenquiries on Conf idential Payments.

Conf idential Payments can only be createdusing the payment group and import f ilefunctionality and must be indicated as suchwhen they are created. Users are authorisedto make Conf idential Payments within theTransaction types to which they have beengranted access. The Customer understandsand agrees that the bulk debit for a paymentgroup or import f ile marked as conf identialmay be seen by any User authorised to makeenquiries on the account that has beendebited.

7.3 Requesting Foreign Cheques (this Conditiondoes not apply where the User accesses theAccount using the services of a TPP whichuses the Open Banking APIs)

An Authorised User may make payments byissuing a foreign cheque drawn on aRegistered Account. If the Customer and/ora Third Party has an agreement concerningpayment requests via SWIFT MT101, foreigncheques can also be drawn on RegisteredAccounts outside the Danske Bank Group,provided that this option is included in theagreement between the Customer and/orThird Party and the bank outside the DanskeBank Group.

Issued foreign cheques are regarded asbanker’s drafts, and the amounts are debitedfrom the accounts on the date of issue.

The Customer may have the proceeds ofuncashed foreign cheques deposited inRegistered Accounts. In these circumstancesthe Customer must give the Bank the originaluncashed foreign cheque. If the originaluncashed foreign cheque is not availablethen the Bank will require the Customer to

complete its standard form of indemnitybefore it can proceed.

7.4 Notif ications The Notif ication Module is automatically

available to all Users unless the Customerhas informed the Bank in writing that hedoes not want any User to be able to receive

notif ications.

Users can subscribe to receive notif icationsin Business eBanking, by unencrypted emailand/or unencrypted text message when aspecif ied action/event occurs. The User canselect the type of notif ication required byvisiting the notif ication centre in BusinesseBanking. To receive a notif ication Usersmust provide relevant details for the

channel(s) they wish to receive thenotif ication through. For example a mobilephone number is required to receive anotif ication by text message. The Bank doesnot charge fees for notif ications howeverUsers should refer to their service provider[if applicable] for any additional costs thatmay apply.

The Bank shall not be liable for:• what happens to a notif ication once it has

been sent from the Bank;• delays or errors in data, information or

notif ications sent from the Bank;• how notif ications are stored and

managed by the User;• notif ications or data forwarded by the

User to persons who do not have rights tothe Bank’s systems;

• any errors or losses caused by the Useror administrator failing to update theUser’s contact details in BusinesseBanking.



The User (or an Administrator) can delete asubscription for a notif ication at any time in

the notif ication centre. A subscription canalso be temporarily deactivated if required(for example when a User will not beavailable for a period of time).

Use of the Notif ication Module is subject tothe condition of reasonable usage. The Bankreserves the right to withdraw the servicefrom the Customer where an excessive

number of notif ications are subscribed for byUsers. Where this is the case the Bank will

give notice to the Customer before taking anysuch action.

8. eArchive8.1 The Customer is automatically registered for

eArchive which means that certaindocuments will be made availableelectronically within eArchive. The Customerwill also be provided with paper copies ofstatements of Account but may choose not tobe provided with paper copies of statements.The Customer can select this option bycontacting the Bank in one of the ways setout in the General Terms. With the exceptionof statements of account, any documentswhich are made available in eArchive will notalso be sent by paper. It is the Customer’sresponsibility to ensure that any suchdocuments are accessed and where action isrequired that any such action is taken. TheBank will treat delivery to the eArchive asbeing ef fective delivery of the documents tothe Customer without the need for anyfurther notif ication or conf irmation ofreceipt. Except where the Customer is aCorporate Opt-out Customer, as set out in

Condition 8.4, where any document is madeavailable within eArchive the Customer mayrequest that that document is also providedon paper.

8.2 A list of the document types that will bemade available through eArchive can beobtained from the Bank on request and isalso available in eArchive (note the documentlist for each customer is dynamic and willonly list the document types created for theindividual customer). These documents canbe viewed in eArchive in Business eBanking.

8.3 The Bank reserves the right, unless contraryto law or regulation, to send the Customerdocuments in either electronic form only,paper form (via ordinary mail) or bothelectronic and paper form.

8.4 This Clause 8.4 does not apply where theCustomer is a Corporate Opt-out Customer.The Customer can activate postal delivery ofpaper document(s) by contacting the Bank.Such documents will continue to be madeavailable electronically in eArchive. TheCustomer agrees that once they haverequested this service they will then receivethe specif ied document(s) in paper format(via ordinary mail) as well as in electronicform in eArchive. The Bank will complete thisactivation within one week of receipt of therequest. If the Customer wishes to revert toelectronic mail only, they must contact theBank.

8.5 Where the Bank has registered Third PartyAccounts in Business eBanking via theCustomer’s Access Agreement, documentsrelating to the Third Party will also beautomatically delivered by electronic mailand will be treated in the same manner asthe Customer’s own documents. Statements

of Account for the Third Party Account willbe provided on paper to the Third Party andthe Bank will also make those statementsavailable electronically by placing them in theCustomer’s eArchive. The Third Party mayopt not to have paper statements providedon paper by contacting the Bank in one of theways set out in the General Terms.

8.6 The types of document that the Bank willmake available to the Customer througheArchive includes, but is not limited to,statements of account, conf irmation notes,payment advices, maturity letters, BusinesseBanking Agreement documents and updatesof terms and conditions. The Bank isincreasing the types of documents which aremade available electronically and this can beviewed on the Bank's Website. If the Bankdecides to stop the paper format, theCustomer will be informed.

8.7 Where the Customer has granted the Useran access right that entitles that User toenquire on an Account then that User willhave access to the documents which aremade available in eArchive in relation to thatAccount. Accounts of a Third Party on theAgreement will be treated in the samemanner as the Customer’s AlternativeAccounts. This also means that if the Useraccesses the Accounts using the services ofa TPP which uses Screen-scrapingtechniques the information in eArchive canbe shared by that User. Further informationis set out in Condition 10 of this Part 1.

8.8 Documents are stored in eArchive for up to10 years from the date that the document issent to eArchive. The documents will then bedeleted and the Customer should makeseparate arrangements if the Customer

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wishes to retain the documents for a longerperiod of time. The Bank cannot beresponsible for the methods that theCustomer uses to download and store thedocuments. If the Customer de-registers anAccount the Customer will be unable tocontinue to receive documents througheArchive to that Account. The historicaldocuments will also no longer be available.

8.9 If the Customer does not have access toBusiness eBanking for some time he shouldnotify the Bank immediately whether hewishes to terminate their Agreement andreceive paper documents and will no longerhave access to any historical documents onthat Account or continue receivingdocuments electronically.

8.10 On termination of the Customer’s BusinesseBanking Agreement the Customer will nolonger be able to continue to accesseArchive. The Customer should take suchsteps as he deems appropriate to retaincopies of any electronic documents. TheBank cannot be responsible for the methodsthat the Customer uses to download andstore the documents.

9. Using a Mobile Dev ice to access BusinesseBanking

9.1 Users can access Business eBanking using aMobile Device however not all BusinesseBanking Services are available through theBank’s Mobile Business Applications.

9.2 To access Business eBanking using a MobileDevice the User must f irstly be authorisedby the Customer to access the Service. TheUser must log-on to App Store or Google Play

(or such other stores as may of fer OurMobile Business Applications from time totime) and download the Danske Bank MobileBusiness App or Tablet Business App whichcan be found by searching for Danske Bank.The User must click on the ‘log-on’ button onscreen and follow the instructions to log-onand use the App. The User can log-on to theApp using the same security information aswould be required when logging on to the fullBusiness eBanking Service.

9.3 A list of the Business eBanking Servicesavailable through the Bank’s Mobile BusinessApplications are available on our websitewww.danskebank.co.uk/busapps

9.4 The Customer accepts that by the Useraccessing Business eBanking using a MobileDevice they will only have a reduced serviceas summarised above. Users will need to log-on to the browser version of BusinesseBanking at www.danskebank.co.uk regularlyto access all the available services. Werecommend they do this at least every 30days.

It is important that Users only download theApp in accordance with the Terms andConditions that they have agreed with Apple(for the App store) or Google (for GooglePlay) (or such other stores as may of fer OurMobile Business Applications from time totime).

9.5 The Bank may update the App from time totime. Users can download any updates to theApp from the Apple or Google online stores(or such other stores as may of fer OurMobile Business Applications from time totime). Depending on the update, Users may

not be able to use the App until they havedownloaded the latest version.

9.6 If a User does not actively terminate his/hersession within the Business eBankingService, the session will stay active only fora further 15 minutes after which, it willautomatically terminate.

Each User should always exit BusinesseBanking by using the “log-of f” key on thescreen. This is to prevent any person whouses the computer or Mobile Device afterthe User from accessing any of theCustomer’s Account information. Please seethe Security Information on Our Website forfurther information about security and theBusiness eBanking Service.

The Business eBanking Service (includingthe App) may be temporarily unavailable forperiods of routine maintenance.

10. Using the Dig ital Signature to access theRegistered Accounts v ia a Third PartyProv ider (TPP)

Where the Customer completes a UserAuthorisation as described in Condition 5within Part 1 of these Special Terms andConditions, the Bank will issue the User witha User ID, (where relevant) Security Codeand the User will be asked to create aPersonal Security Password. The User ID,Personal Security Password and SecurityCode will be used to generate a DigitalSignature which can be used to access theCustomer’s Accounts using the services ofThird Party Providers (TPPs). The services ofTPPs include the provision of Account

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Information Services (AIS) and PaymentInitiation Services (PIS).

In relation to a TPP which provides AccountInformation Services, the information that isprovided to the TPP may include informationabout third parties that the Customer hasrecorded on the Account(s) and Third Partieswho have granted the Customer a ThirdParty Mandate to access the Accounts ofthat Third Party.

If the User has been granted a ’Separate’User Authorisation by the Customer thatUser may only use their Digital Signature toaccess the Accounts using the services of aTPP where the Customer has grantedspecif ic authorisation permitting them to doso. The Customer can withdraw any specif icauthorisation to access the Accounts usingthe services of a TPP by contacting the Bankin one of the ways set out in the GeneralTerms. If the Customer withdrawsauthorisation for an Authorised User toaccess the Account using the services of aTPP then none of the Authorised Users willbe able to access the Accounts using theservices of a TPP. Please note that this willnot apply if the TPP uses Screen-scrapingtechniques.

When deciding whether to grantauthorisation to access the Accounts usingthe services of a TPP the Customer shouldtake into account that a TPP may access theAccount using various methods including theOpen Banking APIs and Screen–scraping. · If the TPP uses the Open Banking APIs

the User will be redirected from the TPPwebsite to a secure webpage on theBank’s Website. The User will not beusing the Digital Signature within theBusiness eBanking webpages. Anyrequest for information (AIS) or paymentinitiation request (PIS) will be subject tothe General Terms and any Special Termsand Conditions which apply to theAccount being accessed. The User’srequest will be carried out provided thatthe Customer has given specif icauthorisation as set out above.

· If the TPP uses Screen-sraping then theBank will not necessarily know that theAccount is being accessed using theservices of a TPP and such requests maybe dealt with without the Customerhaving granted the User specif icauthorisation as set out above. Thereason for this is because the DigitalSignature will be used within theBusiness eBanking Service and therequest will be treated in the same wayas any request that is made within theBusiness eBanking Service. Where theTPP provides an Account InformationService (using Screen-srapingtechniques), any User who has beengranted an Authorisation which allowsthat User to view the Customer’sAccount(s) will be able to use the DigitalSignature to access those services andwill be able to share all information thatthe User can view on the BusinesseBanking screens with the TPP. This mayinclude information about third parties

that the Customer has recorded on theAccount(s) and information about anyThird Party Accounts where that ThirdParty has granted a Third Party Mandateto the Customer.

The Customer can tell Us that it does notwant certain TPPs to access the RegisteredAccounts. We can only comply with thisrequest where the TPP uses Open BankingAPIs to access the Registered Accounts.

The Customer cannot withdraw consent to apayment which has already been debited to aRegistered Account using the services of aTPP or where information has already beenprovided to a TPP which provides AccountInformation Services.

11. Customer Support The Bank provides support and assistance to

the Customer. This includes:• Agreement administration;• Telephone support;• Internet-based support functions; and• On-Site Support.

Further information on these CustomerSupport services is available on request bycontacting the Bank and is also availablewithin Business eBanking webpages atwww.danskebank.co.uk/bussupport.


Part 2 – Business eBanking – Security System

11. Technical issues11.1 Transmission and access In order to use the Service, the Customer

must establish a data communication linkwith the Bank. The Customer must establishand bear the costs related to the link andmust purchase, install, set up and maintainthe required IT equipment.

Likewise, the Customer must ensure thenecessary adaptations to its IT equipment –in order to use the link and ensure continuityof operations.

The Bank may at any time and without noticemodify its own equipment, basic softwareand related procedures in order to optimiseoperations and service levels. The Bank willprovide notif ication of any modif icationsrequiring adaptation of the Customer’sequipment in order to retain the link andaccess by giving one month’s written noticevia the Service or otherwise.

11.2 Distribution, control and storage ofsoftwareThe Bank distributes the programs requiredto install Business eBanking (including theSecurity System). The Customer mustdownload the programs from the Internet.

If the Bank sends CD-ROMs, they aresealed, and the Customer must check thatthe seal is unbroken. If it has been broken,the program may have been tampered withand should not be installed. The Customermust contact the Bank immediately for anew set.

When programs are downloaded from theInternet, the Customer or a User mustcheck that the program delivery has beenelectronically (digitally) signed by the Bank.

If the programs have not beenelectronically signed by the Bank, thereason may be that they have beentampered with or do not come from theBank. The signature can subsequently beverif ied by checking the properties of thedownloaded program f ile(s). If theelectronic signature is not from the Bank,the downloaded program may not beinstalled.

11.3 Data security, Security registration andKey generation

11.4 eSafeID, e-Safekey and EDISec are thegeneral security systems used in BusinesseBanking. Using these systems ensuresthat:• data is kept conf idential (encrypted]

during transmission to the Bank;• data is not modif ied during

transmission to the Bank;• the sender is always identif ied; and• a Digital Signature is appended to all

f inancially binding Transactions.11.5 e-Safekey, EDISec and OpenPGP Security

are the Bank’s security systems which allowCustomers to exchange informationelectronically with the Bank directly usingtheir own business system. e-SafekeyEDISec and Open PGP Security usepermanent digital signing and encryptionkeys stored in the Customer’s ITenvironment.

Under the eSafekey, EDISec and OpenPGPSecurity solutions the Bank will issue atemporary password or a temporary PIN. We

will do this, for example, at f irst log on or ifwe have to issue a temporary password ortemporary PIN subsequently. The Usershould receive this within 3 Business Days ifrequested by mail or within one BusinessDay if requested by SMS (text message). Ifthe User does not receive the temporarypassword or if the User has any reason tosuspect that someone else knows thetemporary password then the User mustcontact the Bank immediately. The User willcreate a password of his/her own choicewhen the User f irst registers on the system.

11.6 eSafeID is the Bank’s web-based securitysystem to log-on to Business eBanking. Itis a two-factor authentication systemconsisting of the User’s Personal SecurityPassword (something the User knows) anda Security Code generated by the User’seSafeID device (something the User has).The Security Code generated by theeSafeID device is saved temporarily in thebrowser session while the User is loggedon to Business eBanking. At f irst log-on theUser will use a temporary password issuedby the Bank. The temporary password mustthen be changed by the User to a PersonalSecurity Password of his/her own choice.

11.7.1 eSafekey is the security component in theBank’s own API solution. The Customer maydownload the e-Safekey security systemsoftware via the Internet. When downloadingvia the Internet, it is the duty of theCustomer to ensure that the software hasbeen supplied by the Bank. Guidance for thisprocedure is available on the Website. If thesoftware has not been supplied by the Bankit must not be installed. The Customeragrees to follow the guidance on the Websiteregarding the installation of the e-Safekeysecurity system.

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Registration in the e-Safekey securitysystem takes place before the User startsusing the Service. In this connection, aprivate Key is generated. A User’s DigitalSignature is created using a private Keystored in the Customer’s IT environment.Access to the Key is protected by the User’sPersonal Security Password.

11.7.2 EDISec is a security system used forintegrated solutions to connect to he Bank’ssystems via data communication channels.To create a User with the EDISec securitysystem the Bank gives the User an individualUser ID but no temporary password. TheCustomer’s public key is validated bygenerating a f ingerprint of the key andexchanging it with the Bank according to theEDISec implementation guide.

11.7.3 OpenPGP is a security system used forintegrated solutions to connect to the bank’ssystems via data communication channels.When a User is to be created for datacommunication with the OpenPGP Securitysystem, the Bank will provide the User withan individual User ID and a temporarypassword. An OpenPGP Certif icate will thenbe generated which contains the securitykeys. This is sent to the Bank in accordancewith the OpenPGP Security implementationguide.

Alternatively an OpenPGP public certif icatemay be issued by a third party on behalf ofthe Customer. In this circumstance theCustomer will be the owner of the key andwill be responsible for the validity andmaintenance of the public certif icate.

In order to handle OpenPGP the Customermust acquire or maintain its own or a thirdparty’s OpenPGP security software whichmust be able to handle certif icates and haveencryption and signing features.

11.7.4 For EDISec and OpenPGP Security, it is theresponsibility of the Customer to ensureusage of valid keys at any time for securingdata communication. The Customer mustensure that:• the Bank has got a valid set of the

Customer’s public keys. When theBank’s public keys are about to expirethe Customer must update theCustomer system with new public keys(provided by the Bank)

• The Customer is using a valid set of theBank’s public keys for securing the datacommunications. When the Customer’spublic keys are about to expire theCustomer must renew the Customer’spublic keys and exchange them with theBank

• If Customer keys are compromised ordamaged they should be revoked bycontacting the Bank

When the Bank receives the Customer’spublic EDISec key or public OpenPGPSecurity certif icates the keys/certif icateswill be stored in Danske Bank’s systems in asecure way and will not be shared withanyone outside the Bank.

It is the responsibility of the Bank to makesure that a valid set of the Bank’s publicEDISec key or OpenPGP Securitycertif icates are available to the Customer.

11.8 The Customer must take all reasonablesteps to prevent unauthorised use of theService and unauthorised access to UserEncryption Keys, Personal SecurityPasswords and eSafeID devices. In Clauses11.9 and 11.10 the Bank sets out thesteps that the Customer must take toprevent any such unauthorised use of theService. If there is a Transaction on anAccount which the Customer and or theUser states that they did not authorisethen the Bank will consider whether theCustomer or the User has complied withthese provisions.

11.9 The Customer agrees and acknowledgesthat it must take the following steps toprevent unauthorised use of the Serviceand unauthorised access to UserEncryption Keys and eSafeID Devices:• it will ensure that each User

downloads Webroot SecureAnywhere®Anti-v irus software onto every PC orlaptop that the User uses to accessBusiness eBanking. The Bank providesthis anti-v irus software free of charge.It is not possible to download the freeanti-v irus software to a server, insteadit must be downloaded on to each andevery PC or laptop that a User may useto access the Service. Where theCustomer wants to use its own Anti-Virus software solution then theCustomer must ensure that the level ofsecurity of fered by that Anti-Virussoftware is at least as good asWebroot Secure Anywhere®;

• it will put in place appropriateguidelines that Users regularly change

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their Personal Security Passwords andrelated information and ensure that allUsers adhere to such guidelines; and

• it will procure that a User keepshis/her User ID, Temporary PIN and/orPersonal Security Password secureand conf idential and will not disclosesuch information to any persons exceptin accordance with the Agreement; and

• it will procure that a User does notpermit any other person to use his/herUser ID, Temporary PIN and/orPersonal Security Password oreSafeID device (other than the Bank ora member of the Danske Bank Group inthe case of his/her User ID only). Anydisclosure of this information to aThird Party Provider (TPP) which isauthorised by the FCA or anotherEuropean regulator is not prohibited bythe Bank; and

• it will procure that a User does notrecord or store his/her Temporary PINand/or Personal Security Password(without f irstly disguising it) anywherebut should commit it to memory; and

• it will procure that a User takesreasonable care when accessing theService to ensure that his/herTemporary PIN and/or PersonalSecurity Password is not disclosed toany other person; and

• it will procure that a User takes allreasonable steps to maintain theconf identiality of any informationshown or stored on a Mobile Device inconnection with his/her use of the App.Each User is solely responsible for thesafety and security of his/her MobileDevice. The User should follow the

guidance on the Bank’s webpage asregards the steps to be followed wherea mobile device is used to access theApp;

11.10 The Customer will ensure that its Usersare made aware of the need to be vigilantwhen using Business eBanking and will putin place procedures to ensure that Usersregularly read the securityrecommendations set out in the ServiceUsers Guides and any updates from theBank concerning security.The Customer will put in place its ownprocedures and controls to ensure that itsUsers do not use Third Party Providers(TPPs) to access the Accounts exceptwhere the Customer wants to avail of theservices of a TPP. The Customer mustgrant specif ic authorisation to a Userbefore the Bank will permit that User touse the Digital Signature to access theAccount(s) using the services of a TPPwhich uses the Open Banking APIs. TheCustomer acknowledges that where theTPP uses Screen-scraping techniques theBank may not be aware that the Account(s)is being accessed using the services of aTPP and it is the Customer’s responsibilityto supervise the User’s use of the DigitalSignature in these circumstances. Furtherinformation is set out in Part 1 Clause 10of these Special Terms and Conditions.

11.11 The Customer shall notify the Bankimmediately if it ascertains or suspectsthat the Customer’s or a User’s:• User ID, eSafeID device, Temporary PIN

and/or Personal Security Passwordhas been or may be misused; or

• Temporary PIN and/or PersonalSecurity Password has come to theknowledge of any person other than the

User, the Customer or a Third PartyProvider that the Customer permitsthe User to engage with to access theAccount(s) (as applicable); or

• eSafeID device has come into thepossession of any person other thanthe User, the Customer or a Third PartyProvider that the Customer permits theUser to engage with to access theAccount(s) (as applicable); or

• the device used by the Customer orUser to access Business eBanking mayhave become infected with a virus orthe security of that device hasotherwise been compromised; or

• the Customer wants to de-register,block or otherwise remove a User fromhaving access to the system.

The Customer must also notify usimmediately if the Customer or a Userbecomes aware of any unauthorisedtransaction or error on the Account(s) orthe Customer or a User knows or suspectsthat an unauthorised person may haveaccess to or may try to access theAccounts(s).

11.12 The Bank may block the access of theCustomer or any User to the Service, if itreasonably believes that the SecuritySystem and/or the Service have beenmisused or there has been an attempt to doso. The Bank will inform the Customerwithout undue delay in the event that itblocks Customer or User access.

11.13 For further information, read the securityrecommendations under the Security menuitem in Business eBanking on the Websiteand in the Bank’s guidelines.

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12. Acquiring a User ID, a Temporary PINand eSafeID dev ice

12.1 When a User is to be created in BusinesseBanking with the eSafeID security system,the Bank gives the User an individual UserID, a Temporary PIN and an eSafeID device.For security reasons the Bank will issuethe Temporary PIN separately to theeSafeID device. The Temporary PIN and theeSafeID device are used to identify theUser when f irst accessing the SecuritySystem.

12.2 When a User is to be created in BusinesseBanking with the e-Safekey or EDISecsecurity systems, the Bank gives the Useran individual User ID and a Temporary PIN.The Temporary PIN is used to identify theUser when f irst accessing the SecuritySystem.

12.3 If the User has not received the letter withthe Temporary PIN or the letter with theeSafeID device within f ive BankingBusiness Days after ordering, or if itappears that the letter(s) from the Bankcontaining the User ID, Temporary PIN oreSafeID device have been opened ortampered with, the User should, for safetyreasons, contact the Bank to cancel it andorder a new one.

12.4 The User on f irst accessing the SecuritySystem as described in 12.1 or 12.2, willgenerate an individual Personal SecurityPassword following which the TemporaryPIN must be destroyed by the User. TheUser should use a combination of upperand lower case letters, numbers andsymbols when generating a PersonalSecurity Password.

12.5 Personal Security Password When registering in the Security System,the User must enter a Personal Security

Password. This password protects againstunauthorised access, thereby ensuring thatDigital Signatures can only be generated bythe User himself or herself.

The User should select a Personal SecurityPassword that is as dif f icult as possible toguess. Further details are available on theLog-on page of Business eBanking.

The User must ensure that unauthorisedpersons do not know the Personal SecurityPassword and must store it in a suitableand safe manner, see Condition 11.10.

12.6 Deregistering UsersThe Customer must inform the Bank ifUsers should be deleted. The Customer isresponsible for all Transactions performedby a User until the Bank is requested todelete or block the User.

12.7 Misuse or risk of misuse The Customer or User should immediatelycontact the Bank in order to block Useraccess if• it is suspected that the Personal

Security Password, eSafeID device orthe Customer’s and/or User’sEncryption Key has been misused

• unauthorised persons have had accessto the Customer’s or any User’sPersonal Security Password or havegained possession of any personalEncryption Key or eSafeID device.

13. Ban on encryption The Customer should be aware that local ornational legislation in the country whereBusiness eBanking is used may include ageneral ban or limitations on encryption.Therefore, national legislation should alwaysbe checked.

14. Technical Requirements14.1 The Customer is responsible for the

acquisition, operation and maintenance ofcomputer and communicationsequipment (including Mobile Devices)which can communicate with theequipment and software used by the Bankfrom time to time in connection with theService and/or the Security System.

14.2 The Customer agrees to makeadjustments to its own equipment andUser software as necessary in responseto changes made by the Bank pursuant toCondition 21 below.

15. Business eBanking software rights15.1 The Bank grants to the Customer the non-

exclusive and non-transferable right touse the User part of the Service softwaresupplied to the Customer for the purposeonly of using the Service and inaccordance with the terms of theAgreement.

15.2 The Customer shall have no rights orlicences in or relating to the SecuritySystem except those expressly set out inthis Condition 15. On any termination ofthe Agreement, the rights granted in thisCondition 15 shall also terminate and theCustomer shall return all media anddocumentation relating to the SecuritySystem to the Bank.

15.3 The Customer shall not make changes toor customise the Service software. TheService software may only be used withequipment and software approved by theBank.

15.4 The Customer may copy the Servicesoftware, Service User’s Guides, ordocumentation supplied by the Bank asspecifically required for use by the


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Part 3 – Contractual aspects

17. For business purposes only17.1 Business eBanking is to be used for

business purposes only. The informationmade available to the Customer, includingprice information, is solely for its own use.The Customer may not pass on theinformation to others, except by writtenpermission from the Bank.

17.2 The Customer understands andacknowledges that• an Instruction which is given before the

Cut-off Time on a Banking Business Daywill be processed on the same day but ifit is given after the Cut-off Time it will beprocessed on the next Banking BusinessDay after the instruction is given; and

• the balance information aboutAlternative Accounts and Third PartyAccounts which have been registered forthe Service may include unclearedbalances.

18. Changing Business eBanking18.1 Business eBanking gives access to the

Service of fered by the Bank at any time. 18.2 The Bank may at any time extend the scope

of Business eBanking without notice,whereas two calendar months’ notice isrequired prior to any reduction in the scopeand/or content. The Bank shall providewritten information of any changes viaBusiness eBanking or otherwise.

If the Customer is a Corporate Opt-outCustomer, this Condition 18.2 is amendedto provide that the Bank will give at least30 days’ notice of any reduction in thescope and/or content.

Customer for the purpose of the Service. TheCustomer may also make a single back-upcopy of the Service software.

15.5 All copies of software and documentationshall be subject to this Condition 15. TheCustomer shall have no rights or licences inor relating to the Service software exceptthose expressly set out in this Condition 15.On any termination of the Agreement, therights granted in this Condition 15 shall alsoterminate and the Customer shall return allService software materials, includingdiskettes or other media and documentation,to the Bank.

15.6 Any third party software supplied or bundledwith the Service software shall, in the courseof installation or use, be identified as subjectto licence terms to be entered into by theCustomer directly with the third partylicensor. The Bank disclaims any and allliability and responsibility for such third partysoftware and the rights and remedies of theCustomer shall be those provided by the thirdparty licence agreement.

15.7 The Customer shall comply with (and ensurethat each User complies with) the practices,procedures and recommendations set out inthe Service User's Guides, the Website, theAgreement and any notices issued by theBank via the Service or otherwise from timeto time. The Customer shall procure that eachUser shall, on request by the Bank, providethe Bank with any identification datarequested by the Bank (other than the User'sPersonal Security Password and TemporaryPIN which are to be kept secret at all times).

16. Intellectual property infringement16.1 If any claims or proceedings are instituted

against the Customer based on the Service

and/or the Security System and allegedinfringement of the intellectual propertyrights of others, the Customer shallimmediately notify the Bank in writing. TheBank shall defend the Customer against anysuch claim or proceedings provided that theBank shall be entitled on request to have soleconduct of the defence of the action. TheCustomer shall make no admission of liabilityand shall provide the Bank with all assistancereasonably requested by it.

16.2 The Bank shall be entitled to obtain for theCustomer the right to continue to use theService and/or Security System or to modifyor replace the Service and/or SecuritySystem to avoid any alleged infringement.

16.3 The Bank shall have no further or otherliability to the Customer in respect of anyactual or alleged infringement arising from orin connection with the use of the Serviceand/or Security System.

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19. Changes to Serv ice and CustomerSupport

19.1 The Bank may change the scope andcontent of its Service and CustomerSupport at any time by giving two months’written notice via Business eBanking orotherwise in accordance with the GeneralTerms.

If the Customer is a Corporate Opt-outCustomer, this Condition 19.1 is amendedto provide that the Bank will give at least30 days’ notice of any reduction in thescope and/or content and may do so for anyreason whether listed in the General Termsor not.

19.2 The Bank will notify the Customer if it hasmade a major change or a lot of minorchanges in any one year and a copy of thenew terms and conditions or a summary ofthe changes will be available on theWebsite.

20. Responsibilit ies and liability

20.1 The Customer’s responsibilit ies20.2 This Condition 20 is subject to Clauses 6

and 7 in the General Terms. The Customeracknowledges and agrees that:• it will ensure that any instruction

complies with the Special Terms andConditions for the Account or Servicewhich is being accessed or operatedthrough Business eBanking; and

• it will be liable for all debits, credits,payments and other Transaction madewhere consent has been given inaccordance with Condition 6.2.2 or inthe case of a payment using the

services of a TPP which uses the OpenBanking APIs consent has been givenas described in Condition 6.1 of theseSpecial Terms and Conditions; and

• it will be responsible for any errors ormisuse resulting from computer andtelecommunications systems (includingMobile Devices) and facilities whichthe Customer uses in accessing orcommunicating with the Service; and

• the Bank shall not be responsible forany destruction or loss of or damage toCustomer data or for delay, errors oromissions in any transmission of anyCustomer data or for any other eventsaf fecting Customer data which occurprior to the data being received by theBank or which occur as a result oftransmission over any publictelecommunications network, includingthe Internet. The Bank shall not be heldresponsible for any consequences ofsuch events, even if the result is non-payment or multiple payment of, ordelay in ef fecting, the relevant paymentorder or other Transaction; and

• provided the Bank complies with itsobligations under Condition 29 theBank shall not be responsible forinformation becoming known to anythird party as a consequence of errorsin the Customer’s data transmission oras a consequence of any third partygaining unauthorised access to thedata transmission line; and

• save and except for the provisionsconcerning the Bank's liability set outat Clause 6 of the General Terms, theBank shall not incur any liability to theCustomer or any third party save to the


extent that the Customer or third party(as appropriate) can demonstrate thatsuch liability results directly from theBank’s material breach of theAgreement, wilful default or fraud forwhich it is responsible. The Bank shallnot be held responsible for the actsand/or omissions of any third party(including, for the avoidance of doubtand without limitation any member ofthe Danske Bank Group); and

• the Bank shall not incur any liability tothe Customer or any third party for anyloss of prof it, loss of revenue, loss ofdata, loss of use, loss of goodwill, lossof savings, interruption of business orclaims of third parties or any indirect,special or consequential loss of anykind suf fered by the Customer or byany third party, even if the Bank hasbeen advised of the possibility of suchloss or damage; and

• it shall not make any claim or take anyaction against the Bank in respect oferrors or omissions in Customerapplications, the integration of thesame with the Security System and/orcommunication software and suchclaims or action shall be pursued bythe Customer against the relevantsupplier. The risk borne by theCustomer includes, but is not limitedto, the risk in relation to:

(a) sending information to the Bank, aswell as the risk that a transmission isdestroyed, lost, damaged, delayed oraf fected by transmission errors oromissions that are not the fault of theBank, e.g. during intermediate handling


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the negligence of the Bank, its employees,of f icers or agents.

20.10 The maximum liability of the Bank arisingunder or in connection with the Agreementshall be limited to the monetary amount ofthe relevant Transaction pursuant to whichthe Bank’s liability occurred together withany charges for which the Customer isresponsible and any interest the Customermust pay as a result of the non-executionor defective execution of the Transaction.

20.11 The Bank shall not incur any liability to theCustomer for any loss or damagewhatsoever incurred or suf fered by theCustomer which results from any eventreferred to in Condition 26; any act, defaultor omission of the Customer or any failureof the Customer to comply with any of itsobligations under the Agreement; anyfailure of or defect in the Customer’ssoftware or systems; any failure of ordefect in any third party softwareincorporated in the Security System; anymodif ication of the Security System (otherthan by the Bank); any combination of theSecurity System with any equipment orsoftware not supplied by the Bank; or anyfailure or defect in the Security System(other than such failure or defect directlyattributable to the Bank) which occursmore than ninety (90) days afterinstallation of the Security System by theCustomer. The Bank will be liable fordamages if, through errors or neglect, it islate in performing its obligations under theAgreement or performs its obligationsinadequately.

or processing of data content;(b) information becoming accessible to

third parties as a result of errors orunauthorised intrusion on the datatransmission line; and

(c) misuse of Business eBanking.

The Customer cannot hold the Bank liablefor any consequences thereof.

20.3 It is the responsibility of the Customer to:• check that the content of User

Authorisations always matches theauthorisations given to the User by theCustomer and any third party;

• ensure that the content of the UserAuthorisation is in accordance with theCustomer’s wishes; and

• ensure that the content of the UserAuthorisation is in accordance with theUser’s wishes.

20.4 Furthermore, it is the responsibility of theCustomer to ensure that Users are awareof the Business eBanking Terms and theterms relating to any modules in BusinesseBanking, and that all Users observe themand comply with the on-screen Help.

20.5 The Customer is responsible for:• all operations and Transactions made

using the Customer’s Digital Signatureor that of a User;

• ensuring that Users keep theirPersonal Security Passwords secureso that no unauthorised third partybecomes aware of them;

• ensuring data security in connectionwith storage of Encryption Keys in theCustomer’s IT environment to preventunauthorised access to the EncryptionKeys; and

• any incorrect use or misuse of theService by Authorised Users.

20.6 The Customer cannot make any claims onthe Bank in respect of errors andomissions which are caused by a Customeror a Authorised User, includingnonobservance of the Customer’s safetyand control procedures.

20.7 The Customer shall be liable for and agreesto reimburse the Bank and its employees,of f icers and agents for any and all liability,loss, damages, costs, legal costs,professional and other expenseswhatsoever incurred or suf fered by theBank whether direct, indirect, orconsequential (including without limitation,loss of revenue, loss of prof it, loss of data,loss of use, loss of goodwill, loss of savings,interruption of business or claims of thirdparties) arising out of any dispute, claim orproceedings brought against the Bank by athird party based on or in connection withthe use by the Customer of the Service orthe Security System, except insofar as anysuch claims may arise from any materialbreach of the Agreement, wilful default orfraud for which the Bank is responsible.

20.8 The Bank’s responsibilit ies20.9 Subject to Conditions 20 and 21 and the

following sentence any liability of the Bankto the Customer arising out of or inconnection with the Agreement for anyreason (including without limitationnegligence) shall be limited as set out inCondition 20.10. Nothing in the Agreementshall exclude or restrict the Bank's liabilityfor fraudulent misrepresentation by theBank, its employees, of f icers or agents orfor death or personal injury resulting from

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20.12 The Bank is not liable for errors andomissions resulting from:• errors and omissions in third-party

software which is part of the BusinesseBanking Security System;

• a User’s disclosure of the Temporary PINand/or the password;

• modifications to the Security System(not performed by the Bank); or

• the Security System’s integration withother systems or software not suppliedby the Bank.

20.13 In areas that are subject to stricter liability,the Bank will not be liable for lossesresulting from:• IT system failure/downtime or

corruption of data in these systems asa result of the events listed below,irrespective of whether the Bankoperates the systems itself or hasoutsourced operations;

• telecommunication or power failures atthe Bank, statutory intervention oradministrative acts, natural disasters,wars, rebellions, civil unrest, acts ofsabotage, terrorism or vandalism(including computer viruses andhacking);

• strikes, lockouts, boycotts or blockades,irrespective of whether the conf lict istargeted at or initiated by the Bank orits organisation and irrespective of thecause of the conf lict. This also applies ifthe conf lict af fects only parts of theBank;

• any other circumstances beyond theBank’s control.

20.14 The Bank’s exemption from liability doesnot apply if:

• the Bank should have predicted thecircumstances resulting in the loss atthe time when the Agreement wasconcluded, or should have prevented orovercome the cause of the loss;

• legislation under any circumstancesrenders the Bank liable for the cause ofthe loss.

20.15 In accordance with general liabilityprovisions in force the Bank is liable fordirect losses attributable to errors madeby the Bank. Apart from that, its liability islimited to remedying the def iciencies. Nofurther claims can be made against theBank, including for indirect orconsequential damage.

21. Payments to and from the Customer’sAccount – Liability for mistakesClauses 6 and 7 in the General Terms willapply.

22. Unauthorised Payments out of theCustomer’s Account

22.1 The Customer’s liabilityClauses 6 and 7 in the General Terms willapply.

23. Other terms and condit ions

23.1 Structure of the Business eBankingAgreement

The Business eBanking Agreement and thedocumentation comprised in it is describedin the Access Agreement.

These Business eBanking Terms are also inaddition to the General Terms and any


terms and conditions for an Account,product and/or any other Service providedby the Bank. If there is any inconsistencybetween these Business eBanking Terms,and the General Terms and the terms andconditions applying to such other account,product and/or service provided by theBank, the terms and conditions relating tosuch other account, product and/or service(as appropriate) shall apply in respect ofthat account, product and/or service (asappropriate). By signing the AccessAgreement for Business eBanking theCustomer also acknowledges having readand accepted the Conditions of theAgreement. The Terms and Conditions forBusiness eBanking and other terms andconditions in force at any time areaccessible at the Website. The Customeragrees to follow the instructions given inthe Service User’s Guides.

23.2 Prices23.3 The Customer agrees to pay the service

charges and fees from time to time as setout in the Bank's 'Fees and service chargesexplained' leaf lets. The total fees payable bythe Customer will depend on the modulesspecif ied in the Access Agreement.

23.4 The prices will be debited to an accountnotif ied by the Customer in writing or, inthe absence of such notif ication, anaccount selected by the Bank.

23.5 The Bank may at any time change its feesand service charges as set out in Clause26 of the General Terms. The Bank willdebit various fees and charges from theaccount(s) specif ied as fee account(s).


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25.3 The Bank may terminate the Agreement inwriting by giving two months’ writtennotice. The Bank may do so for one of thereasons set out in Clause 20 in the GeneralConditions. If You are a Corporate Opt-out Customerthen the Bank may end the Agreement bygiving You a minimum of 30 days writtennotice. The Bank can end the Agreementfor any reason whether listed in Clause 20of the General Terms or not

25.4 The Customer acknowledges and agreesthat the Bank shall not be liable to theCustomer as a result of termination of theAgreement in accordance with thesetermination provisions.

25.5 The Bank may treat this Agreement asunenforceable or void in the event that theCustomer breaches any of the conditions ofthis Agreement.

26. Force MajeureThe Bank will not be responsible to theCustomer for its obligations under theseSpecial Terms and Conditions where anyfailure on its part was due to (i) abnormalor unforeseeable circumstances beyond itscontrol, the consequences of which wouldhave been unavoidable despite all itsef forts to the contrary or (ii) its obligationto comply with any other provisions ofapplicable laws.

27. NoticesAll notices or communications required orpermitted under the Agreement shallcomply with the notice provisions set out inthe General Terms.

23.6 Assignment, transfer and third parties23.7 Pursuant to the Contracts (Rights of Third

Parties) Act 1999 any member of theDanske Bank Group shall have the benef itof and be entitled to enforce the Agreementgenerally. The Bank may also assign,transfer or otherwise dispose of all or anyof its rights or obligations under theAgreement to any member in the DanskeBank Group.

23.8 The Bank is entitled to transfer theperformance under the Agreement to sub-contractors. Such transfer shall not af fectthe responsibilities of the Bank under theAgreement.

23.9 The Customer may not assign, sub-license,transfer or otherwise dispose of any of itsrights or sub-contract, transfer orotherwise dispose of any of its obligationsunder the Agreement without the priorwritten consent of the Bank.

23.10 The Customer acknowledges that the Bankhas entered into a separate agreementwith other members of the Danske BankGroup providing for such other members ofthe Danske Bank Group to benef it from andbe bound by the terms of the Agreementand accordingly the Customer shall havethe same obligations and liabilities to suchother members of the Danske Bank Groupas it does to the Bank hereunder. Suchseparate agreement is relevant if theCustomer registers for the Service itsAlternative Account held with a member ofthe Danske Bank Group (other than theBank) to permit such member of theDanske Bank Group to rely on instructions

given by the Customer through the Servicein relation to such accounts.

23.11 The Customer acknowledges and agreesthat the benef it of the Agreement is notonly for the Bank but also for othermembers of the Danske Bank Group. TheCustomer acknowledges that any memberof the Danske Bank Group shall be entitledin its own right to require by the Customerthe due performance and observance bythe Customer of each provision of theAgreement.

23.12 Other than as provided for in theAgreement, the parties do not intend thatany term of the Agreement shall benef it orbe enforceable by a third party by operationof The Contracts (Rights of Third Parties)Act l999.

24. Refusing Payments or Stopping use ofthe Business eBanking FacilityClause 9 in the General Terms will apply.

25. Term and Termination 25.1 The Access Agreement will remain in force

until terminated by termination of theAgreement by the Bank or the Customer orthe Customer and the Bank enter intoanother access agreement, whicheveroccurs earlier.

25.2 The Customer may terminate theAgreement and the Access Agreement onthirty (30) days’ prior written notice to theBank. Requests and agreements madebefore the time of termination will becarried out. Any paid subscription fees willbe refunded on a proportionate basis.

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28. Severability28.1 The provisions of this Agreement are

severable and distinct from one another,and, if at any time any of the provisions isor becomes invalid, illegal or unenforceable,the validity, legality or enforceability of theother provisions shall not in any way beaf fected or impaired. If any severancesubstantially af fects or alters thecommercial basis of the Agreement:

28.1.1 The parties shall negotiate in good faith toamend and modify the Agreement as maybe necessary or desirable in thecircumstances; and

28.1.2 In the absence of agreement on appropriateamendments or modif ications within three(3) months after the severance, each partyshall have the right to terminate theAgreement by not less than sixty (60) dayswritten notice to the other.

29. Warranties29.1 The Bank warrants that it will use

reasonable endeavours to ensure that theService will be performed substantially inaccordance with the descriptions of theService set out in the Agreement and theService User’s Guides (and any otherdocuments referred to therein).

29.2 If the Customer notif ies the Bank of anybreach of the above warranty, the Bank willtake all reasonable steps to rectify thebreach and this shall be the Customer’sexclusive remedy in respect of that breach.

29.3 Except as expressly provided in theAgreement, no representation, warranty orcondition, expressed or implied, statutoryor otherwise is given or assumed by theBank with respect to the Service, theSecurity System or any other aspect of the

Agreement, including but not limited to:quality or f itness for a particular purpose;warranty regarding the results obtainedfrom the Service or the Security System;warranty that the Service and SecuritySystem are error-free or bug-free; warrantythat any or all failures, defects, bugs orerrors will be corrected; warranty that theService or Security System will meet theCustomer's requirements; warranty thatthe Security System will be secure. Allsuch representations, warranties andconditions are expressly excluded, save tothe extent that such exclusion is prohibitedby law.

30. Disputes30.1 The parties accept that the properly

authenticated messages as archived on theBank's equipment shall be admissible asevidence of the contents of those messagesin any forum referred to in this Condition30.

30.2 The properly authenticated messages asarchived on the Customer’s equipmentshall only be admissible as evidence of thecontents of those messages admissible inany forum referred to in this Condition 30 ifthe Customer can demonstrate that:• it has ensured that satisfactory

physical and logical security isimplemented and maintained at allmaterial times at the Customer’sequipment and premises; and

• there is no evidence that the audittrails of the Customer’s equipmenthave been modif ied, altered, interferedor tampered with; and

• there is no evidence that the


Customer’s software has beenmodif ied or altered, nor interfered ortampered with after delivery to theCustomer.

31. WaiversFailure or delay by either party in enforcingany term of the Agreement shall notconstitute a waiver of such term.

32. Governing LawIf the Customer’s Branch address as statedon the Bank’s records and on theCustomer’s statement is situated inNorthern Ireland then this Agreement shallbe governed by and interpreted inaccordance with the laws of NorthernIreland and the Customer agrees to submitto the non–exclusive jurisdiction of theCourts of Northern Ireland. However, if theCustomer’s postal address as stated on theBank’s records and on the Customer’sstatement is situated in Great Britain thenthe Bank and the Customer agree that thisAgreement shall be governed by andinterpreted in accordance with the laws ofEngland and Wales and the Customeragrees to submit to the non–exclusivejurisdiction of the Courts of England andWales.If the Customer is registered for a Modulethat is solely intended to be used abroad,the Customer accepts – to the same extentas the Bank – that it is subject to the legalrules and usage applying in the countrywhere the Customer operates as well asany particular terms and conditionsrelating to the specif ic country and the useof the module in that country.


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• Business PC: a PC-based payment and information system

• Business eBanking: an Internetbased payment and informationsystem or the App.

• Conf idential Payments : Conf identialPayments are payments [for examplewages and salaries] that the Customerhas indicated to Us should only beaccessible for v iewing and/orprocessing by Users to whom theCustomer has granted specialprivileges.

• Customer : The customer specif ied onthe Access Agreement (including itsassignees, transferees and successorsin title).

• Customer Support : Function at theBank of fering technical support orsupport for Business eBanking Usersby telephone.

• Cut-of f Time : a time [as set out in thePayment Table] usually towards theend of the Business Day, after whichany payment order received [whetherto credit or debit the Customer'sAccount] will be deemed to have beenreceived on the following Business Day.The Cut-of f Time for any payment orderreceived at a branch counter willalways be before the branch closingtime on that Business Day.

• Danske Bank Group : The Bank, anysubsidiary or holding company of theBank or any other company within theBank's group of companies including,without limitation, Danske Bank A/Sand any of its subsidiary companies.

33. Def init ions and glossary • Access Agreement : Agreement

between the Customer and the Bankconcerning the use of BusinesseBanking, as amended, varied orsupplemented from time to time.

• Account Information Serv ices:services provided by a TPP whichenable the User to consolidatedif ferent accounts operated by theCustomer with various paymentservice providers for the purposes ofreviewing the consolidated position.

• Administrator: A User who has beengranted Administration privileges asset out in the relevant UserAuthorisation.

• Agreement : The agreement enteredinto by the Customer and the Bank forthe supply of the Service and use of theSecurity System incorporating theAccess Agreement, UserAuthorisation(s) and the GeneralTerms and these Business eBankingTerms together with any otherdocumentation referred to within thosedocuments.

• Alternative Account: (sometimesreferred to as "Own Account") meansan account within or outside theDanske Bank Group (in any jurisdiction)that belongs to the Customer and hasbeen opened in the Customer's name.

• App: The Business eBanking Serviceavailable when using a Mobile Deviceto which the Bank’s Mobile BusinessApplication has been downloaded fromthe Apple or Google online stores (or

such other stores as may of fer theBank’s Mobile Business Applicationfrom time to time) which enables theelectronic receipt and transmission ofinformation (including in relation to anAccount).

• Authorisation/mandate : Either UserAuthorisation for Business eBanking,Account Mandate, Business eBankingaccount mandate or one of the Bank’sother mandate forms for BusinesseBanking.

• Authorisation/mandate holder : Oneor more registered mandates orauthorisations and/or physical personswho have been grantedauthorisations/mandates.

• Bank : Northern Bank Limited, acompany registered in NorthernIreland (registered number R568)whose registered Of f ice is at DonegallSquare West, Belfast, BT1 6JS(including its assignees, transfereesand successors in title). Danske Bankis a trading name of Northern BankLimited.

• Banking Business Days : Any Monday,Tuesday, Wednesday, Thursday orFriday, provided it is not a bank orpublic holiday in Northern Ireland[there are exceptions to this def initionwhich apply in relation to someServices such as CHAPS and FPS].Further details are set out within theDef initions in the Payment Table.

• Business eBanking : Collective termused about the Bank’s businesssystems, comprising:

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• Data delivery : Transfer of databetween customer and bank. Forexample, a data delivery may containInstructions.

• Digital Signature : An electronicsignature generated by a Customer orUser using his or her User ID, PersonalSecurity Password and (whererelevant) Security Code, to beappended to binding Transactions, e.g.payments, and used when linking to theBank. The Digital Signature can beused by the User to access theBusiness eBanking Service or toaccess the Accounts for AccountInformation Services or PaymentInitiation Services provided by a TPP.

• EDISec : Security system used forintegrated solutions to connect toBusiness eBanking.

• Encryption Keys: Used for the e-Safekey and EDISec securitysystems. Each User generates twoKeys (a set of Keys) – a private Keyused to generate Digital Signaturesand a public Key used to verify theDigital Signature. Each User has his orher own private Key in order to createunique, personal Digital Signatures.Access to use the Keys is protected bythe User’s password. The Keys arestored in a Key f ile or Key database onthe Customer’s IT system.

• eSafeID: A web-based security systemto log-on to Business eBanking. It is atwo-factor authentication systemconsisting of the User’s PersonalPassword and a security codegenerated by an eSafeID device. The

security code generated by the eSafeIDdevice is saved temporarily in thebrowser session while the User islogged on to Business eBanking.

• e-Safekey : Security system used forintegrated solutions to connect toBusiness eBanking

• Fees and serv ice charges explainedleaf lets : The Bank's leaf lets settingout the fees and service chargesapplicable to Services andTransactions and which are availableon request, at branches and on theWebsite.

• Foreign Payment [sometimes referredto as a Cross-Border Payment]: Apayment which is made within the UKin a currency other than sterling, or apayment [in any currency] which ismade to or from a bank which is not inthe UK.

• General Terms : the Danske BankBusiness Banking General Terms andConditions which apply to theCustomer's Account(s) with the Bank.

• Instruction : Electronic, written or oralrequest to the Bank to carry outchanges, Transactions, etc.

• Internal Transfer [known as Accounttransfer - internal' in BusinesseBanking) : an electronic transfer ofmoney from an Account registered onthe Customer's Agreement to anotherAccount registered on the Customer'sAgreement.

• Local Payment: A payment between two accounts in the same country, whether in a single currency or not


• Log-on: The information and/or devicerequired to generate a DigitalSignature.

• Master Data : First name, middle name(if any), surname, User name, customernumber, CPR number/assignedcustomer number and relatedCustomer’s address.

• Mobile Business Applications: TheDanske Bank App known as ‘MobileBusiness App’ or the Danske Bank Appknown as ‘Tablet Business App’.

• Mobile Device: a Mobile Phone or anyother internet enabled device whichenables a User to access theCustomer’s accounts using the App;

• Module Agreement: An agreementcontaining provisions about theindividual module, e.g. Trade Finance orCollection Service.

• Module Description : Bulleteddescription issued by the Bank of thefunctionality of the individual modulesregistered under the Agreement (asamended, varied or supplemented fromtime to time).

• On-Site Support : Training, technicalassistance or other assistanceprovided by the Bank at the Customer’spremises.

• Own Payment : A Local Payment orCross-border Payment between oneAlternative Account (registered for theService) and another AlternativeAccount (registered for the Service).

• Payment Init iat ion Serv ices : servicesprovided by a TPP which enable theUser to make a payment out of theAccount(s) which are accessible onlineby electronic transfer.


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• Third Party Prov ider (TPP) : Anindependent provider of services whichcan of fer Account InformationServices or Payment InitiationServices to the Customer.

• Transactions : Payments, paymentrequests [including collectionrequests], User authorisations andqueries in Business eBanking.

• User : A User is a person (for examplean employee) who has been authorisedby the Customer to act on its behalfusing the Service. If the Customer’sand the Bank’s IT systems are directlyintegrated, a User may also be acomputer or system located within theCustomer.

• User Authorisation : The Customer’sauthorisation of a User, specifying theservices, accounts, authorisations andprivileges to which the individual Userhas access (as amended, varied orsupplemented from time to time).

• User ID : A six-digit number assigned tothe individual Service User. The UserID is stated in the User Authorisation.

• Website : The Bank's website atwww.danskebank.co.uk through whichthe Service can be accessed.

• Payment Limit : a limit the Customerhas created on the value of paymentorders that may be controlled at eitheran Account level [which applies to allUsers] or on individual specif iedUser(s).

• Payment Table : the table set out at theend of Part 3 of the General Termsavailable on the Business eBankingsection of the Bank's Website.

• Payments between registeredaccounts : Payments betweenregistered Alternative Accounts onBusiness eBanking in the same countrywithin the Danske Bank Group.

• Personal Security Password : Theindividual personal security passwordselected by the Customer or a Userand generated by the Customer orUser, using the Temporary PIN, on f irstaccessing the Security System. ThePersonal Security Password is a codeto protect a User’s private Key that isused to create Digital Signatures.

• Security Code: A code generated by aUser’s eSafeID device and usedtogether with the User ID and PersonalSecurity Password when logging on toBusiness eBanking.

• Security System : The security systemused by the Bank in connection withthe Service and comprising theeSafeID, e-SafeKey and/or EDIsecsecurity systems, as further describedin the Service User's Guides.

• Security registration : Theregistration process that a User mustgo through before using BusinesseBanking for the f irst time.

• Serv ice : The of f icial electronic banking

service of the Bank, known as“Business eBanking”.

• Serv ice User’s Guides : The User'sguides for the Service prepared by theBank, the current version of which istitled “Getting Started”, copies of whichare available on the Website.

• SWIFT MT101 : A request for apayment transfer sent via the SWIFTnetwork.

• SWIFT MT940 : An electronic accountstatement received via the SWIFTnetwork.

• Temporary PIN : A code issued andsent by the Bank to the Customer’sUser(s). The code consists of four oreight characters and is used by theCustomer’s User(s) to register in theBusiness eBanking/Business PCsecurity system.

• Third Party Account : An accountwithin or outside the Danske BankGroup (in any jurisdiction) whichbelongs to a third party (including anysubsidiary or holding company of theCustomer) and has been opened in thatthird party's name.

• Third Party Payment : (i) A LocalPayment or Cross-Border Paymentfrom an Alternative Account(registered for the Service) to anAlternative Account (not registered forthe Service); or (ii) A Local Payment orCross-Border Payment from anAlternative Account or Third PartyAccount (registered for the Service) toa Third Party Account (whetherregistered for the Service or not).

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Terms and Conditions for SEPA Direct Debit Collection Service

Sect ion 11 -Terms and Condit ions for SEPADirect Debit Collect ion Serv ice,United Kingdom

These Terms and Conditions for SEPA Direct DebitCollection Service, United Kingdom (which aresupplemental to Our General Terms and Conditions– Business Accounts which have been separatelyagreed and accepted by You) apply to the set-up ofall Your SEPA Direct Debit collections in euro madethrough Northern Bank Limited trading as DanskeBank as creditor bank.

Any def ined terms in these Terms and Conditionswill have the same meaning given in the GeneralTerms and Conditions – Business Accounts unlessotherwise stated. The Rulebooks will also apply asa supplement to these Terms and Conditions.

In the case of any conf lict between these Termsand Conditions and the General Terms andConditions or any other terms and conditionsapplying to Your Account, these Terms andConditions shall prevail in relation to the provisionof the Collection Service for SEPA Direct Debitonly.

These Terms and Conditions apply to SEPA DirectDebit collections that You wish to settle using YourAccount with Us. Separate rules, and a dif ferenttype of Business eBanking Agreement, will apply toSEPA Direct Debit collections that You wish tosettle through accounts in countries outside of theUnited Kingdom.

We will only agree to provide the CollectionService for SEPA Direct Debit to You where Youhave accepted the terms of the Access Agreementwhich gives You access to Business eBanking. TheAccess Agreement will state that the CollectionService UK – SEPA Direct Debit module is includedand that You are able to ef fect Collection Orders onYour Own Account within the Danske Bank Group.In these Terms and Conditions We will refer to theAccess Agreement that enables You to ef fectCollection Orders as “the Collection OrderAgreement.”

These Terms and Conditions for Collection Service– SEPA Direct Debit apply irrespective of whichSEPA Direct Debit Scheme You are registered for.

SEPA Direct Debit is for business customers onlyand in order to be registered, or to continue to beregistered, for SEPA Direct Debit with Us, Youmust have:

• a euro Currency Account with Us; and• an Access Agreement which specif ies that

the Collection Service UK – SEPA DirectDebit module is provided to You (“theCollection Order Agreement"); and

• a SEPA Creditor ID; and • where appropriate, an approved facility

called a SEPA Direct Debit settlement line

If You are a Corporate Opt-out CustomerIf We have notif ied You that You are a CorporateOpt-out Customer, then some of these Terms andConditions will apply dif ferently as explained in theseparate corporate opt-out notif ication provided toYou. To enable You to identify the Conditions thatapply dif ferently to You and to allow You to compare

Your terms with those that apply to retail and smallbusiness customers, the Conditions that apply toYou have been shaded in grey, and the dif ferencesexplained. The grey shading is for ease of referenceonly, and is not intended to form part of thisAgreement.




1. Def init ions

Collection OrderA Collection Order is an order from You to Usunder a Scheme to collect a one-of f or recurringamount from the debtor's account. CollectionOrders submitted by f ile must comply with theformat guidelines available atwww.danskebank.co.uk/business. We do not, andWe are not obliged to, check or verify the contentsof a Collection Order.

Due DateThe Due Date in relation to a collection under theSEPA Core Direct Debit Scheme or the SEPA B2BDirect Debit Scheme is the Payment Date providedthat it is also a Business Day.

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EPCThe European Payments Council, which wasestablished in June 2002 to support and promotethe creation of SEPA. Information about the EPC’swork and mandate can be found atwww.europeanpaymentscouncil.eu.

MandateAn agreement between You and the debtor that Youmay collect payments from the debtor’s account toYour Account with Us. The Mandate may havedif ferent forms and designations, but the basicMandate contents must always comply with therequirements set out in the Rulebooks and anyrelated requirements set out from time to time byor through the EPC (the “Requirements”).

Payment DataPayment Data is the information You provide to Uswhich will form the basis of a Collection Order. Youmust ensure that the correct Payment Data isused in conjunction with a signed and validMandate. By Your acceptance of these Terms andConditions You agree that You will pay all costs,expenses and other losses that the Bank may incuras a result of You providing incorrect PaymentData to Us. Details of the required Payment Datasubmitted by f ile are available atwww.danskebank.co.uk/business.

Payment DateThe date You specify as the “payment date” in theCollection Order, being the date on which thedebtor’s account is to be debited.

PSRsThe Payment Services Regulations 2009 (SI 2009No. 209) (as from time to time amended, modif ied,varied or replaced).

RulebooksThe SEPA B2B Direct Debit Scheme Rulebook (asfrom time to time amended and updated) and theSEPA Core Direct Debit Scheme Rulebook (as fromtime to time amended and updated), each availableon the EPC website.

SchemeThe SEPA B2B Direct Debit Scheme and/or theSEPA Core Direct Debit Scheme, as appropriate.

SEPAThe area where citizens, companies and otheractors will be able to make and receive paymentsin euro within all the EU Member States, whetherbetween or within national boundaries under thesame basic conditions, rights and obligations,regardless of their location.

SEPA B2B Direct Debit SchemeThe payments scheme for making direct debitsacross SEPA where both the creditor and thedebtor is a Corporate Opt-out Customer, as set outin the SEPA B2B Direct Scheme Rulebook.

SEPA B2B Direct Debit Scheme RulebookThe Rulebook setting out rules and businessstandards for the SEPA B2B Direct Debit Scheme.

SEPA Business to Business Direct DebitAgreement The agreement between You and the Bank underwhich We agree that You can make payments fromYour Account under the SEPA B2B Direct DebitScheme.

SEPA Core Direct DebitThe payment instrument governed by the rules ofthe SEPA Core Direct Debit Scheme for makingdirect payments in euro throughout SEPA frombank accounts to other bank accounts.

SEPA Core Direct Debit SchemeThe payments scheme for making direct debitsacross SEPA as set out in the SEPA Core DirectDebit Scheme Rulebook.

SEPA Core Direct Debit Scheme RulebookThe Rulebook setting out rules and businessstandards for the SEPA Core Direct Debit Scheme.

SEPA Direct Debit Creditor Identif ier [SEPACreditor ID]SEPA Creditor IDs are issued by banksparticipating in the Schemes. You need a SEPACreditor ID to submit Collection Orders to Us. Weissue SEPA Creditor IDs in compliance with therules applying to the United Kingdom. Pleasecontact Us if You require more information.

Settlement DateThe date on which, in respect of a SEPA CoreDirect Debit or a SEPA B2B Direct Debit, theobligations regarding funds transfer aredischarged as between the debtor bank and thecreditor bank.

TARGET DayA TARGET Day is an Inter-Bank Business dayidentif ied as such in the calendar of the Trans-European Automated Real-time Gross SettlementExpress Transfer System.

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Unauthorised PaymentA payment is unauthorised if the debtor claims it isunauthorised and You are unable to present a dulysigned, valid Mandate (see Clause 2.2 forinformation about Mandates and Clause 5 forinformation about Unauthorised Payments).

2. RegistrationSEPA Direct Debit is used to collect europayments from debtors who have agreedwith their bank that an account may bedesignated to accept SEPA Direct Debitcollections.

Please note that the relevant Mandatemust specify which account the debtorwants to use for payment of the collection.If the account specif ied by the debtor is notregistered for SEPA Direct Debit, yourCollection Order will be rejected (seeClause 4).

It is Your responsibility to ensure thatCollection Orders are submitted only underthe Scheme you have registered under forSEPA Direct Debit. Accordingly, You cansubmit both SEPA Core Direct Debit andSEPA B2B Direct Debit Collection Ordersonly if You are registered for both Schemes.

If We receive Collection Orders for aScheme that You are not registered for, Wewill reject those orders.

2.1. AccessWhen You have entered into a CollectionOrder Agreement, We can receive PaymentData and submit Your Collection Orders.

Contact Us to enter into a Collection OrderAgreement.

2.2. Agreeing MandatesWhen a Mandate is agreed between Youand the debtor, the debtor must consent tocollections being made from his accountand transferred to Your Account with Us.

As a minimum, the Mandate must includethe Payment Data and other informationstipulated in the Rulebooks and any relatedRequirements. You must collect, processand store data related to all Mandates inaccordance with the relevant requirementin the Rulebooks.

You must, at all times, store the Mandateand any amendments to that Mandate andbe able to present the duly signed, validMandate (as amended) to Us to serve asthe basis of the Collection Orders Yousubmit to Us. If We ask to see the Mandate,You must provide Us with it immediately,and no later than 7 Business Days later.You must retain the Mandate for aminimum of 13 months after the lastcollection is made under that Mandate,irrespective of whether the Mandate hasbeen cancelled or not. You acknowledgethat You are aware that if You do notpresent a Collection Order under aMandate for 36 months, You must cancelthe Mandate and may no longer present aCollection Order based upon that Mandate.

We automatically assume that a validMandate exists; therefore, it is Yourresponsibility to check the CollectionOrders You submit. We are not bound bythat Mandate.

It is also Your responsibility to ensure thatYou submit only Collection Orders that Youare authorised to submit under the relevantMandate.

2.3. Pre-notif icationsYou must advise the debtor in advance ofeach collection. Unless otherwise agreedbetween You and the debtor, this pre-notif ication must be given by You to thedebtor at least 14 calendar days prior toeach collection.

If You fail to give the required pre-notif ication to the debtor before submittingthe related Collection Order, You will beregarded as having breached the Mandateand these Terms and Conditions. If thedebtor requests a refund of a collectionbecause the debtor claims that You failed tomeet Your pre-notif ication obligations, Wewill ask You to provide documentation toprove that You met your pre-notif icationobligations. If You fail to do so, the amountof the collection will be refunded and YourAccount will be debited with the relevantpayment amount.

2.4. Submission of Payment DataWe must receive Payment Data forCollection Orders from You in accordancewith the Cut-of f times specif ied in thetables below. If We do not receive PaymentData in accordance with those Cut-of ftimes, We will reject the Collection Order.


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Every time that You submit Payment Datato Us, You warrant that it is correct.

2.5 Issuing SEPA Creditor IDsYou need a SEPA Creditor ID to submitCollection Orders via SEPA Direct Debit.The SEPA Creditor ID may be issued byanother bank in the SEPA area.

You should contact us to be issued with aSEPA Creditor ID.

3. Receiv ing a paymentWe receive Your Payment Data based onthe Mandate agreed between You and thedebtor and submit a Collection Order to thedebtor’s bank. Upon receipt of theCollection Order, We do not (and are notobliged to) check whether the contents ofthe Collection Order are in accordance withthe Mandate agreed between You and thedebtor.

It is Your responsibility to ensure that thePayment Data You submit to us is alwayscorrect and that the related Mandate hasbeen accepted by the debtor.

When the payment has been ef fected, itwill appear on your list of entries. However,the Collection Order may have beenrefused, rejected or returned in themeantime (see Clause 4), or have beenrefunded (see Clause 5).

4. Refusal, Rejection and/or Return of aCollection Order

4.1. The debtor refuses a Collection OrderThe debtor may refuse a collection, withoutneeding to provide justif ication, byinstructing his bank not to pay thecollection. An instruction to refuse must bemade before the Settlement Date. You willbe notif ied of the refusal v ia BusinesseBanking or by f ile.

4.2. The debtor bank rejects a Collection OrderThe debtor’s bank may reject a CollectionOrder prior to the Settlement Date. Thismay be for any one of several reasons,including technical reasons, the debtor’saccount being closed, the debtor beingdeceased, the debtor’s account not beingdesignated to accept collections, theapplication of Regulation 79 of the PSRs orthe debtor instructing the debtor bank toreject the Collection Order. You will benotif ied of the rejection via BusinesseBanking or by f ile.

4.3. The debtor bank returns a Collection Orderafter payment has been af fected

SEPA Core Direct DebitsIn the case of SEPA Core Direct Debits, thedebtor’s bank may also seek the return of acollection for up to f ive TARGET Days afterthe Settlement Date for that collection.

SEPA B2B Direct DebitsIn the case of SEPA B2B Direct Debits, thedebtor’s bank may seek the return of acollection for up to three TARGET Daysafter the Settlement Date. The returnrequest may be due to a number ofreasons, including technical reasons, thedebtor’s account being closed, the debtorbeing deceased, the account not beingdesignated to accept collections, theapplication of Regulation 96 of thePayment Services Regulations 2017 or thedebtor instructing the debtor bank to rejectthe Collection Order.

If the debtor’s bank has specif ied a reasonfor the return, this reason will be set out inBusiness eBanking or in the status f ilesreceived.

If We receive a valid request for a refusal,rejection or return of a collection whichhas been credited to Your Account then Wewill debit Your Account with the amount ofthat collection. We may charge a fee as setout in Our ‘Fees and service chargesexplained’ leaf lets for processing refusals,rejections or returns.

5. Refund of payments5.1. The debtor requests a refund

The debtor bank may, on behalf of thedebtor, request a refund of a collection.

In such cases Your Account will be debitedwith the original transaction amount withthe Value Date of the original CollectionOrder.

Authorised payments

SEPA Core Direct DebitsThe debtor may request his bank to refundan authorised SEPA Core Direct Debitpayment within eight weeks of the PaymentDate.

Authorised payments cannot be refundedonce the eight week period after thePayment Date has elapsed.

If We receive a request for refund of anauthorised payment within eight weeks ofthe Payment Date, the amount will bedebited from Your Account and returned tothe debtor – the transaction will appear onYour list of entries. We are entitled to debitYour Account in this manner even if itwould result in Your Account becomingoverdrawn. If, in the intervening period, Youhave closed Your Account, You agree thatYou will remain liable to Us for the amountof such a refund and that We may institutedebt recovery proceedings against You.

SEPA B2B Direct DebitsAuthorised payments collected via SEPAB2B Direct Debit cannot be the subject of arefund claim. We are obliged to comply withan inquiry request, as set out in the B2BDirect Debit Scheme Rulebook, concerninga collection which has been credited toYour Account.

Unauthorised payments

SEPA Core Direct DebitsIf the debtor believes that a payment isunauthorised, he may request – v ia his ownbank – that We refund the SEPA CoreDirect Debit payment. The debtor has up to13 months after the Payment Date to makesuch a request.

SEPA B2B Direct DebitsIf the debtor believes that a payment isunauthorised, he may request – v ia his ownbank – that We refund the SEPA B2B DirectDebit payment, depending on his agreementwith his bank. Under the terms of the SEPAB2B Scheme, the debtor has up to 13months after the Payment Date to makesuch a request.

We may charge a fee as set out in Our‘Fees and service charges explained’ leaf letfor processing such requests.

5.2. Your responsibility in connection withthe refund of an Unauthorised PaymentWhen We receive a request from thedebtor for a refund of an UnauthorisedPayment under the SEPA B2B Direct DebitScheme, We will ask you to present a dulysigned, valid Mandate within sevenBusiness Days. If You are unable to do so,We will debit the amount from YourAccount and refund the payment to thedebtor’s bank. Apart from this provision,refunds for unauthorised transactions falloutside the scope of the SEPA B2B DirectDebit Scheme.

When We receive a request for a refund ofan Unauthorised Payment under the SEPACore Direct Debit Scheme, an inquiry willbe initiated under the SEPA Direct DebitScheme Rulebook. If it appears to Us,acting reasonably, that You(a) have failed to comply with the terms

of the Mandate agreed with thedebtor or

(b) that You cannot produce the Mandateagreed with the debtor or

(c) that You failed to pre-notify thedebtor as required under Clause 2.3above or

(d) that You have failed to comply withthe requirement of the Rulebooks inrespect of the payment,

then We will debit Your Account with theamount of the payment and refund thepayment to the debtor’s bank. This iswithout prejudice to Our rights set out inClauses 6 and 7 hereto.


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If We decide not to provide a refund thisdoes not relieve You of any responsibilityYou have to resolve any issues in respect ofthe disputed Collection with the debtor, nordoes the payment of a refund by Usprejudice the outcome of such a dispute.

Should the debtor’s request turn out to bejustif ied, we reserve the right to collect anyfees related to the processing of therequest and return of the payment,forwarding of vouchers, etc., in accordancewith our current ‘Fees and service chargesexplained’ leaf let. If We debit an amountfrom Your Account as part of a refund inrespect of an unauthorised transaction,that debit will appear on Your list of entries.We are entitled to debit Your Account inthis manner even if it would result in YourAccount becoming overdrawn. If, in theintervening period, You have closed YourAccount, You agree that You will remainliable to Us for the amount of such a refundand that We may institute debt recoveryproceedings against You.

6. Termination of the Agreement6.1. Termination of the Collection Serv ice

Agreement by YouYou may terminate Your Collection ServiceAgreement in writing at any time. If Youterminate the Collection ServiceAgreement, We will delete all futureCollection Orders placed but not yetsubmitted to the debtor’s bank.

Collection Orders that You have asked Usto ef fect for up to 20 calendar days into thefuture and which have been submitted tothe debtor bank, will remain active.

The termination will take ef fect on the nextBusiness Day after its receipt by Us. Wewill return payments received, to therespective debtors, after the 20 calendarday period has elapsed or if Your EuroCurrency Account has been closed.

6.2. Termination of the Collection Serv iceAgreement by UsSubject to Clause 7 below, except whereYou are a Corporate Opt-out Customer Wecan terminate your Collection ServiceAgreement by giving at least two months’notice in writing. Where You are aCorporate Opt-out Customer we will giveYou 30 days’ notice before We terminatethe Collection Service Agreement.

7. Grounds for terminationThis Collection Service – SEPA Direct Debitwill no longer be available to You, and Wewill prevent You from using the Servicewithout giving You any notice, if any of thefollowing circumstances has arisen:• Your Euro Currency Account is

closed or has been stopped; or• Your Business eBanking Agreement

or Collection Order Agreement hasended or been terminated; or

• You no longer hold a SEPA CreditorID; or

• We have withdrawn Your Direct DebitSettlement Line; or

• You have breached any of theseTerms and Conditions for CollectionService – SEPA Direct Debit; or

• We are satisf ied that You havemisused the SEPA Direct DebitScheme and/or have failed to complywith the Rulebooks; or

• We are reasonably satisf ied, on thebasis of credible evidence, that Youhave ef fected or proposed to ef fectone or more SEPA Direct Debits withintent to defraud any person; or

• Your SEPA Creditor ID permits You tocollect SEPA Direct Debits under theSEPA B2B Direct Debit Scheme andYour status changes so that you areno longer a Corporate Opt-outCustomer. In this case We willcontact You before cancelling theService.

In the above cases, once the Service hasbeen terminated, all incoming payments willbe returned to the debtor bank.

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Cut-off times for SEPA Direct Debit Collection Service, United Kingdom

Example of “Cut-of f t ime”

You want to send the f irst of a recurring series of Coredirect debits. You must therefore adhere to this Cut-of ft ime:

Due Date minus 1 TARGET day before 12:00 CET/CEST

If the due date is 16 November 2016, you calculate theCut-of f t ime as follows:

16 November – 1 TARGET day = 15 November 2016

The Cut-of f t ime is therefore 15 November 2016 before12:00 CET/CEST.

Special Cut-of f times apply if certain information in the debtor mandate has been changed

Cut-of f times for cancelling SEPA Direct Debit Collection Orders

NotesCET is central European t ime.CEST is central European summer t ime which starts onthe last Sunday in March and ends on the last Sunday inOctober.

Scheme Type of SEPA Direct Debit Cut-off Time

Core and B2B

One-offFirstRecurringFinal

Due Date minus 1 TARGET day before12:00 CET/CEST

Scheme Debtor Mandate Change Cut-off Time

Core and B2B

Mandate referenceSEPA Direct Debit creditor identifierCreditor nameDebtors account [within the same bank]Debtors account [to another bank]

Due Date minus 1 TARGET day before12:00 CET/CEST

Scheme Cut-off Time

Core and B2B Due Date minus 1 calendar day before 22.00 CET/CEST

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Correct as at 01/2018 28929UK

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the Financial Conduct Authority and the Prudential Regulation

Authority, Financial Services Register, reference number 122261.

Registered in Northern Ireland R568.

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Belfast BT1 6JS

Northern Bank Limited is a member of the Danske Bank Group.

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