1. Interpretation 1.1
In this Agreement the following terms and expressions shall have the meanings ascribed to them as stated below: “the Bank” means Ulster Bank Limited, of 11-16 Donegall Square East, Belfast, BT1 5UB. “Account” shall mean any account which the Customer has with the Bank and which it wishes to avail of the service in respect of. “Account Terms and Conditions” means the terms and conditions for any Account. “Business Day” means a day (other than a Saturday or Sunday or a bank or public holiday) on which the Bank is open for business for the purpose of providing the Service. “date of the Account Terms and Conditions” means the date the first Account is opened by the Bank for the Customer. “the Customer” means the customer who has completed this MT940 SWIFT statement application. “Micro-Enterprise” means enterprises which employ fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed 2 million euro (or the sterling equivalent) which is determined at the date of the Account Terms and Conditions; “MT940” means the SWIFT MT940 Statement Message - this message type is sent by and account holding bank to a financial institution, which has been authorised by the account owner to receive it. It is a statement of the account used to transmit detailed information about all entries booked to the account. “MT941” means SWIFT Intra-Day Balance Report. This message type is sent by an account holding bank to a financial institution which has been authorised by the account owner to receive it. It is an Intra-Day balance report used to transmit balance information, reflecting the situation at the end of the Business Day indicated in the message or in some cases will contain the real time balance as at the time the message was sent. “MT942” means SWIFT Intra-Day Transaction Report. This message type is sent by an account holding bank to a financial institution, which has been authorised by the account owner to receive it. It is an Intra- day transaction report used to transmit detailed and/or summary information about entries debited or credited to the account since the last statement or balance report (sent in the period since the last statement or balance report). “Payment Services Regulations” means the Payment Services Regulations 2009. “Receipt (Financial Institution or 3rd Party)” means the financial institution/3rd party to which Ulster Bank Limited will transmit data. “Service” means the service provided for under this Agreement. “SWIFT” means “Society for Worldwide Interbank Financial Telecommunication”. The registered office is situated in Belgium. The object of SWIFT is for the collective benefit of its members for the study,
creation, utilisation and operation of the means necessary for the telecommunication, transmission and routing of private, confidential and proprietary financial messages. “SWIFT BIC” means Bank Identifying Code, the SWIFT equivalent of a Sorting Code – this is a globally recognised identifier that is unique to each bank. If one bank wants to send a SWIFT message to another they must quote the BIC address of the bank they are sending to, so SWIFT know who to deliver the message to.
The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
The Customer confirms that the sending of account data from the Bank to the Recipient (Financial Institution or other 3rd Party) will not amount to a breach of confidentiality by the Bank.
The Customer fully understands that this information will only be available to the Recipient (Financial Institution or other 3rd Party) once the Account has become active.
The Customer fully understands that the Bank’s obligations shall be limited to sending the account information to the Recipient (Financial Institution or other 3rd Party) and that the Bank shall not assume any risk and/or liability beyond this, notably with regard to the use made and the processing of this information by the Recipient (Financial Institution or other 3rd Party).
The Customer acknowledges that the data will be sent in accordance with arrangements between the Bank and the Recipient (Financial Institution or other 3rd Party) from time to time. The Customer also agrees that the Bank shall not be liable for any delay or failure to send data or any error, corruption or loss of data caused by abnormal or unforeseeable circumstances beyond the Bank’s control, the consequences of which would have been unavoidable despite all efforts to the contrary, or, except as otherwise provided for in this agreement or in the Account Terms and Conditions, for any special, indirect or consequential loss or damage or loss of profit which the Customer may suffer, howsoever arising.
The Customer consents to the Service being provided by signing the application form authorising for it to be provided.
The Service will then be provided every Business Day until it is revoked in accordance with this agreement.
The Customer hereby authorises the Bank to charge to the Customer’s nominated account fees payable in respect of this Service in accordance with the Bank’s tariff from time to time and details of these charges have been provided to the Customer in a notice with this Agreement.
Term and Termination
This Authorisation is valid until further notice and will be binding upon the Customer until the expiry of two Business Days after the Bank receives at its office, at the above address, written instructions duly
signed on behalf of the Customer amending or revoking these instructions.
The Customer agrees that the Bank may terminate the transmission of data under this letter of authority on giving the Customer not less than 60 days prior notice or immediately if the Customer commits any material or persistent breach of any of the Customer’s obligations to the Bank.
4. Charges 4.1
Charges will apply for the Service and details of these charges have been provided in a notice with this Agreement and are also available from the Customer’s Ulster Bank Relationship Manager.
The Bank may vary these charges or introduce new charges by telling the Customer at least 60 days before the change takes effect. The Bank may tell the Customer by stipulating 60 days in advance in one national newspaper that the variation will take place. If the Customer uses the Service after the date they have effect, the Customer is deemed to have accepted these changes.
5. General 5.1
The Service is provided in connection with an Account. The Account Terms and Conditions set out the full details of the protections available to the Customer under the Payment Services Regulations which may impact on the provision of the Service. If the Customer is not a Consumer or a Micro-Enterprise, it agrees to opt out of certain of the protections of the Payment Services Regulations, details of which are set out in the Account Terms and Conditions. The Account Terms and Conditions also set out details of the Customer’s right to complain to the Financial Ombudsman Service (where it is so eligible to so complain).
Save as otherwise provided, all notices to be given under the terms of this Agreement shall be given in writing or sent electronically or will be advertised in a national newspaper. A valid e-mail address must be maintained in the Bank’s records for the Account. Notices provided in writing shall be sent by first class post to the contact points and addresses set out in the application form (as may be amended from time to time by written notice).
Any notice sent electronically will be deemed to be received on the day that we send the notification email even if the Customer does not access the electronic communication for any reason. Any notice in writing given by first class post will be deemed to be given and received on the date of delivery, provided that a notice or other communication received on a non-working day or after business hours in the place of receipt shall be deemed to be received on the next following working day in that place.
Data Protection Terms and Conditions information
We are a member of The Royal Bank of Scotland Group (the Group). For information about our group of companies please visit and click on ‘About Us’, or for similar enquiries please telephone +44 131 556 855.
How we use your information and who we share it with
Your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties.
We may use and share your information with other members of the Group to help us and them: -
understand our customers’ requirements;
We do not disclose your information to anyone outside the Group except: -
where we are required or permitted to do so by law; or
to credit reference and fraud prevention agencies and other companies that provide a service to us or you; or
where we may transfer rights and obligation under this agreement.
We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.
From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.
If you would like a copy of the information we hold about you, please write to your branch. A fee may be payable.
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