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Terms & Conditions

Important Legal Notice

Use of this website is subject to these Conditions, which replicate part of, and supplement, the mandate signed by the Customer (by whom you will have been authorised to use this website if the Customer is not an individual) and the services available on this website. By completing the subscription process you are agreeing, and you are signifying your agreement, to be bound by these Conditions, including, without limitation the disclaimers and limitations on liability provisions in these Conditions. If you do not read these Conditions you should not use this website or the services available on this website. The information provided on the website is not intended to constitute an offer or solicitation of investment or financial or banking services to customers in any jurisdiction in which such offer would be unlawful.

1 GENERAL

1.1 Definitions

In these Conditions, unless the context requires otherwise:

a) Definitions:

"Anglo Group" means Anglo Irish Bank Corporation Limited Company No.22045, and all of its subsidiaries;
"Application Form" means each mandate for the time being in force in connection with accounts operated by the Bank for the Customer. This provides an agreement between the Bank and a Subscriber relating to the issue and use of the service in such form and on such terms as the Bank shall from time to time specify;
"Bank" means Anglo Irish Bank Corporation (International) PLC Company No.37910C;
"Banking Channels" means the methods by which the Bank may from time to time make available the Services to the Customer;
"Business Day" means a day on which the Bank is open for business generally;
"Conditions" means these terms and conditions as amended, extended or replaced by the Bank from time to time;
"Customer" means the person or entity who has signed the mandate (and includes any persons authorised by such customer to access and use the services available on this website).
"Devices" means any device or equipment approved by the Bank to access and use the Services including, but not limited to, telephone, personal computer, kiosk, mobile telephone, palm top or any other such device or equipment;
"Enabled Account" means an account of the Customer with the Bank that the Bank has agreed may be accessed by that Customer by means of the Services (details of the Accounts that may be accessed by a Customer at any time can be obtained by the Customer on request from the Bank);
"Password" means a password created by a Subscriber in accordance with the Operating Instructions for use by that Subscriber for internet access to the Services;
"Nominated Subscriber" means an individual, being a Customer or authorised representative of a Customer nominated on the Mandate for the purpose of utilising the Services;
"Operating Instructions" means the instructions issued from time to time by the Bank governing the use and operation of the Services as set out on the Website;
"Services" means those services from time to time provided by the Bank which may be accessed and utilised through the Website (details of the Services available at any time can be obtained on request from the Bank);
"Subscriber" means a Nominated Subscriber who has executed an Application Form;
"Transactions" means those banking transactions in respect of which a Subscriber is authorised to use the Services pursuant to the Mandate. The term "Transactions" shall, for the avoidance of doubt, include "read only" authorisations as applicable to Corporate Users;
"Website" means the Bank's website(s) or URL(s) from which the Services can be accessed from time to time.

(b) paragraph headings are inserted from convenience only and shall not affect the construction of these Conditions and all references to paragraphs and schedules are to paragraphs of, and Schedules to, these Conditions unless otherwise indicated;

(d) references to a person includes references to an individual, firm, company, corporation, unincorporated body of persons or any state or government or any instrumentality, agency or political subdivision of it;

(e) references to any document are to be construed to be a reference to the document as amended, modified or supplemented from time to time;

(f) references to any statute shall include re-enactments, amendments and extensions thereof, whether by statute, regulation or otherwise; and

(g) terms defined in the Mandate shall have the same meaning in these Conditions unless the context otherwise requires or specifies.

2 ELECTRONIC BANKING

2.1 Use of Services and Application

(a) The Services may be accessed and utilised by persons who:

are Nominated Subscribers;
have completed and submitted to the Bank an Application Form which has been accepted by the Bank;
have received from the Bank a Unique Client Number ("UCN") and Personal Identification Number ("PIN");
have chosen a password in accordance with the Operating Instructions; and
have satisfied such other conditions as may be imposed by the Bank from time to time in connection with access to and use of the Services. are Nominated Subscribers;

(b) The Bank may in its absolute discretion without assigning any reason refuse to accept an Application Form and/or waive any of the conditions contained in paragraph 2.1(a). The waiver by the Bank of one or more of the conditions contained in paragraph 2.1(a) shall be without prejudice to any other provision of these Conditions and shall not result in the Bank incurring any liability to the Customer.

(d) The Customer shall (in the case of an individual customer) comply, and shall (in the case of a customer other than an individual customer) procure the compliance by its Subscribers, with the terms and conditions of the Subscriber Agreement, and shall fully and effectively indemnify the Bank in respect of any loss or damages which may arise as a consequence of any non-compliance by the Customer and/or such a Subscriber (as the case may be) with the Subscriber Agreement.

2.2 Security Conditions

(a) The Customer shall or (as the case may be) shall procure that the Subscriber shall keep the UCN, password and PIN safe and shall not divulge any of them to any other person, or note them in any form that would be intelligible or otherwise accessible to a third party or do or omit to do anything else that might enable irregular or unauthorised access to or utilisation of the Services.

(b) The Customer shall or (as the case may be) shall procure that the Subscriber shall immediately notify the Bank if:

the UCN, PIN or password are in any way compromised;
the UCN, PIN or password are revealed to another person or is otherwise compromised; or
unauthorised or irregular transactions are recorded on an Enabled Account.

(c) If the Customer has made a notification to the Bank in accordance with paragraph 2.2(b) then the PIN may not be used to access or utilise the Services and if the Customer wishes to continue to avail of the Services the Customer or (as the case may be) its Subscriber must apply to the Bank for the issue of a new PIN.

(d) Prior to receipt by the Bank of a notification in accordance with paragraph 2.2(b) the Bank shall be entitled to rely on all instructions received from the Customer or (as the case may be) any Subscriber on behalf of the Customer and shall have no liability to the Customer and/or Subscriber for any acts done or transactions entered into pursuant to such instructions. The Customer shall be liable absolutely for and shall indemnify the Bank against any costs or losses incurred in implementing any subsequent instruction to cancel or reverse any such action taken or transaction entered into.

(e) Whilst AngloConnect Internet Banking uses encryption and secure technology to protect users, its is vital that any PC used to connect to Anglo Connect is also secure. You should check with your IT department or service provider to ensure that you are using the latest version of your operating system, with up to date patching, antivirus and malware protection.

2.3 Authority to Bank

(a) The Customer shall provide and maintain at the Customer's own expense any Device needed to access the Services and shall ensure that such equipment satisfies all technical and other requirements specified by the Bank in the Operating Instructions.

(b) The Customer or (as the case may be) the Subscriber is responsible for disconnecting and clearing any information from any Device used to access the Services before leaving such Devices unattended.

(c) The Customer shall ensure that all instructions given by the Customer or (as the case may be) any Subscriber to the Bank through the Services are accurate and complete and (where applicable) prior to confirming any such instruction, shall ensure that the instruction as relayed back to the Customer for the purpose of confirmation through the Service is that which the Customer intends. The Customer cannot cancel or change instructions once given and instructions once given shall be final and binding on the Customer.

(d) The Customer will pay all applicable transactional fees and charges from time to time payable for services provided through the Services in accordance with the Bank's standard fees and charges from time to time applicable. All costs incurred by the Customer in accessing and utilising the Services including the cost of telephone calls and internet access shall be at the Customer's expense.

(e) The Customer shall immediately notify the Bank of any change of address and shall comply with the security conditions described in paragraph 2.2 hereof.

2.4 Obligations of Customer

(b) The Customer or (as the case may be) the Subscriber is responsible for disconnecting and clearing any information from any Device used to access the Services before leaving such Devices unattended.

(c) The Customer shall ensure that all instructions given by the Customer or (as the case may be) any Subscriber to the Bank through the Services are accurate and complete and (where applicable) prior to confirming any such instruction, shall ensure that the instruction as relayed back to the Customer for the purpose of confirmation through the Service is that which the Customer intends. The Customer cannot cancel or change instructions once given and instructions once given shall be final and binding on the Customer.

(d) The Customer will pay all applicable transactional fees and charges from time to time payable for services provided through the Services in accordance with the Bank's standard fees and charges from time to time applicable. All costs incurred by the Customer in accessing and utilising the Services including the cost of telephone calls and internet access shall be at the Customer's expense.

(e) The Customer shall immediately notify the Bank of any change of address and shall comply with the security conditions described in paragraph 2.2 hereof.

2.5 Normal Conditions continue to apply

The Services are a method of accessing and utilising services provided by the Bank. Accordingly, save to the extent that these Conditions provide otherwise, all Mandates relating to the Enabled Accounts and all terms and conditions applicable to the Enabled Accounts remain in full force and effect.

2.6 Processing of Transactions

It is the Bank's intention that instructions and requests received through the Services will be processed as quickly as is practicable and in accordance with such timescales as may be notified to the Customer from time to time. A failure by the Bank to meet these timescales will not however result in the Bank incurring any liability to the Customer.

2.7 Availability of Services

(a) There will be occasions when due to technical, security, maintenance, administrative or other reasons (whether within the control of the Bank or not) some or all of the Services normally available through the Website will not be available. Accordingly, the Bank may from time to time, without incurring any liability to the Customer, temporarily suspend any or all of the Services for such periods as the Bank shall determine. Where the Services are suspended or withdrawn for these reasons the Bank shall use its reasonable endeavours to provide access to Accounts and banking services via the telephone in accordance with the terms of the Mandate.

(b) The Bank shall, on giving not less than 14 days' notice to Customers, be entitled to terminate permanently the Services.

(c) The Bank may from time to time add to, withdraw, suspend, amend or otherwise alter all or any of the Services, which may be accessed and utilised through the Website. Details of the Services available from time to time will be given in the Operating Instructions. The Bank may amend, supplement or replace the Operating Instructions from time to time.

2.8 Account Balance Information

(a) While the Bank intends to operate a real-time on-line system, which should enable immediate updates to Enabled Accounts, the time necessary to complete the processing of instructions and requests may vary depending on whether they can be processed immediately and the nature of the instruction or request. Accordingly the Customer acknowledges that while the Bank will endeavour to ensure that account balance information given through the Services is as up-to-date as the Bank's systems permit at the time of the Customer's enquiry, such account balance information may not represent a complete statement of the balance on the Enabled Account to which it refers as, inter alia, it may or may not reflect transactions in respect of which instructions have been received by the Bank, but which still have to be processed or verified. For example, an account balance shown may include a credit in respect of a cheque which has been lodged to an Enabled Account but which has not yet cleared. If that cheque does not clear for any reason the Bank will debit the Enabled Account with the amount of the cheque and the account balance information will be updated accordingly. The Bank will not be liable for any loss suffered by reason of any Enabled Account balance information not being accurate or up-to-date.

(b) The Customer acknowledges that any loan account balance provided through the Services may not represent the total amount required to settle that loan account.

2.9 Death of a Customer

Notwithstanding the death or incapacity of a Customer the Bank shall be entitled to provide all information requested and execute all instructions given through the Services with the use of that customers UCN, PIN and password until the Bank has received actual written notice of such death or incapacity.

2.10 Joint Accounts and Authorised Signatories

(a) Where an Enabled Account is held with the Bank by two or more persons (a "Joint Account") and the Mandate for that Joint Account allows the Bank to only act on instructions given by both of the account holders, by subscribing to Anglo Connect it is assumed that payment instructions may be made through the Website by any of the account holders and it is assumed that both consents have been given.

(b) If the Bank has notice of a dispute between the holders of a Joint Account, the Bank may, but shall not be obliged to, cease to permit withdrawals from that Joint Account and, subject to the Bank's discretion, dealings may not be permitted on that Joint Account until the Bank receives a new written Mandate from all the account holders.

2.11 Termination of the Services

(a) The Bank reserves the right to terminate the entitlement of any Customer and/or Subscriber to access and utilise the Services by writing, by post, fax or e-mail or telephoning or sending a communication by any other means (electronic or otherwise) to the Customer or Subscriber:

at any time subject to giving at least 10 Business Days' notice to the Customer or Subscriber;
forthwith on the breach, non-performance or non-observance by the Customer or Subscriber of any Mandate, these Conditions or the Operating Instructions or any other agreement with the Bank; and
forthwith on the bankruptcy, insolvency or other contractual incapacity of the Customer or Subscriber.

(b) The Customer may terminate the use of the Services at any time on written instructions to the Bank at Jubilee Buildings, Victoria Street, Douglas Isle of Man IM1 2SH, or such address as is notified by the Bank on its website.

2.12 Disclosure of Information

Save in accordance with the Bank's privacy statement on its Website and subject to paragraph 2.14, information concerning the Customer and/or Subscribers will not be disclosed by the Bank except with the express or implied consent of the Customer and/or Subscribers or where otherwise required or permitted by law.

2.13 The Website

(a) The information, content, graphics, text, sounds, images, buttons, trade marks, trade names and logos (the "Materials") contained in the Website are protected by copyright, and other intellectual property laws, under national laws and international treaties. The Customer and each Subscriber is granted a limited licence solely for the Customer's or Subscriber's own personal, non commercial use to refer to, bookmark or point to any page within the Website, and to download the Materials contained on the Website to a single personal computer, and to print a single hard copy of the Materials contained in the Website for the Customer's or Subscriber's own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. Any other use of the Materials in the Website without the prior written permission of the Bank, is strictly prohibited and is in violation of the proprietary rights of the Bank.

(b) Other rules may apply to certain software and other items provided as part of the Website. Any special rules will be listed as "legal notices" and are incorporated into these Conditions by this reference. All software that is made available for downloading from or used in the Website ("Software") is protected by copyright and may be protected by other rights. The Customer and the Subscribers may only use such Software for the purposes of using the Website and availing of the Services, and may not copy, reproduce, distribute or create derivative works based on the Software. Except as expressly permitted by applicable law, the Customer and the Subscriber agrees not to dissemble or otherwise reverse engineer any of the Software for any reason, or permit any third party to do so. The downloading and use of such Software is conditional on your agreement to be bound by the terms of the relevant software licence agreement or designated "legal notice".

(c) The Customer acknowledges that Anglo, the Anglo logo and any other trade names, business names, service marks and logos used in connection with the Services are trade marks of and belonging to the Anglo Group. All other trade marks, service marks, trade names and logos contained in the Website and identified as such belong to their respective owners.

(d) The Bank and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these Conditions shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of the Bank, its affiliates or any third party.

(e) The Customer acknowledges that in accessing the Website, the Customer and each Subscriber does so at its own risk and on its own initiative, and shall be responsible for compliance with local laws, to the extent any local laws are applicable. Use of the Website and/or Services may be unlawful under the laws of the applicable jurisdiction pertaining to such conduct and (whether or not unlawful) constitutes breach of these Conditions and may result in, amongst other penalties, immediate termination of the right to use the Services and the Website.

(f) The Customer acknowledges that unless and until and to the extent that the Customer is advised otherwise by the Bank via the Website or by any other means:

the Bank is not giving or offering to give investment advice via the Website or the Services;
any content or information received on or via the Website or the Services should not be relied on for important personal, financial or business decisions, and the Customer should consult an appropriate professional for advice which is specifically tailored to the Customer's particular circumstances; and
nothing in the Website or the Services constitutes or shall be deemed to constitute advice or an invitation to invest or otherwise deal in shares or other securities.

(g) The Customer acknowledges that content and information received via the Website or the Services is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, the Bank or any other person or entity and may not be complete.

(h) The Customer acknowledges that the Customer's and each of its Subscriber's use of the Website is also subject to the "Terms and Conditions of Use" and the Operating Instructions as posted on the Website from time to time and agrees to be bound by same.

(i) The Bank reserves the right to change the content, presentation, performance, user and facilities and availability of any part of the Website at its sole discretion.

(j) The Customer acknowledges that occasionally the Bank may:

change the technical specifications of the Website or any portion thereof; or
suspend the Website or any portion thereof for operational reasons such as repair, maintenance or improvement of the Website or any portion thereof or because of an emergency; or
change the system resource limits applicable to use of the Website or any portion thereof.

(k) Hypertext links to the Website are prohibited without the consent of the Bank.

2.14 Disclaimers

(a) All use of the Website and/or the Services is at the Customer's own risk and the Customer assumes complete responsibility for, and for all risk of loss resulting from, the downloading and/or using of, or referring to or relying on, Materials, Software, or any other information obtained from use of the Website. The Customer agrees that the Bank and providers of technology, telecommunications and network services to the Bank will not be liable for damages arising out of its or its Subscribers' use or inability to use the Website and/or the Services, and hereby waives any and all claims with respect thereto, and whether based on contract, tort or other grounds.

(b) The Website is available to the Customer and each Subscriber "as is" without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law, the Bank excludes any warranty express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, Software, the Services and/or materials, goods, facilities and/or the services advertised or accessed via the Website.

(c) The Bank makes no representations, warranties or undertakings that the Website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. The Bank expressly excludes liability for any infection by computer virus, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of the Bank, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Website.

(d) The Bank makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through the Website or from which the Website is referred to or accessed by hypertext link ("third party site"). The Bank does not endorse or approve the content of any third party site, nor will the Bank have any liability in connection with any third party site or any contract entered into on or through any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity, liability for non-performance or delayed performance or liability for claims regarding the nature, quality, or merchantability of any good or service purchased, the fitness for the purpose for which they have been sold or for any other purpose). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability which might arise out of, or in connection with, the Customer's or a Subscriber's use or reliance on the content of or information on, or the performance of, any third party site is excluded. Nor can the Bank guarantee that the controller of any third party website will respect a Customer's or Subscriber's privacy in the same manner as the Bank.

2.15 Security

While the Bank has taken all reasonable security precautions, the nature of communication by the internet and other electronic means is such that the Bank cannot guarantee the privacy or confidentiality of any information relating to the Customer passing by such methods. In accessing the Website and in availing of the Services, the Customer accepts that communications may not be free from interference by third parties and may not remain confidential. The use of the Website is at the Customer's sole risk.

2.16 Limitation on Liability

To the fullest extent permitted by applicable law, neither the Bank nor any of its directors, officers, employees, servants, agents, affiliates or other representatives and/or their respective parent and subsidiary companies will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the Materials, Software, the Services and/or facilities offered through the Website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Bank has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.. In using the Website, the Customer and each Subscriber is agreeing, and is signifying its agreement, to be bound by this limitation on the liability of the Bank.

3 VARIATIONS OF THESE CONDITIONS

The Bank may at any time amend, supplement or replace these Conditions as a result of changes in technology, a desire to update these Conditions or other circumstances affecting the Bank or the services it offers. Any such amendment, supplement or replacement shall be effective and binding on the Customer 14 days after notice of such amendment has been sent to the Customer by post, fax, e-mail or other electronic means or published in a national newspaper. The Customer may of course, on receiving such notice, immediately terminate the use of the Services in accordance with paragraph 2.11(b).

4 GOVERNING LAW

These Conditions shall be governed by and construed in accordance with the laws of the Isle of Man and the Customer submits to the jurisdiction of the Manx court.

5 NOTES SPECIFIC TO CORPORATE AND TRUSTEE USERS

(a) The Services provided to corporate and trustee users are provided on a 'read only' basis. The online payment function is not applicable and accordingly clause 2.3 (a) will not apply.

(b) All corporate and trustee users of the Services acknowledge that they are solely responsible for notifying the Bank when any of their Authorised Users (as stated in the Application Form) leave their employ in order that the relevant Authorised User's PIN can be cancelled by the Bank. All corporate and trustee users of the Services further acknowledge and agree to indemnify the Bank and hold it harmless against any damage or loss arising to any party, whether directly or indirectly, including damage for consequential financial loss, from the misuse, loss, disclosure or dissemination of information as a result of the corporate or trustee user failing to inform the Bank of an Authorised User leaving their employment.