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Amended/New Text
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Definitions
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Customer means you, a Group Customer and/or a Lead Customer.
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Definitions
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Group means a Lead Customer and its Group Customers.
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Definitions
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Group Customer means any legal entity or unincorporated body or association identified as a “Group Customer” on the application documents and which identifies it’s Lead Customer on the application documents.
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Definitions
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Lead Customer means the legal entity or unincorporated body or association identified as the “Lead Customer” on the application documents.
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3.1
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Your compliance with the Agreement is designed to minimise the risk of unauthorised use of iBB. If you do not use iBB or Security Devices in accordance with the Agreement, you may not be able to get compensation for any loss you have suffered. This is explained in more detail in the Our liability to you section in these Conditions.
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3.5
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We may:
3.5.1 temporarily suspend some or all of the Services; or
3.5.2 withdraw any of the Security Devices for a reasonable period, if there is a breakdown, fault or failure to operate normally of, or connection to, any system used to enable access to the Services, or a real or potential security risk. This is to enable us to fix the system issue and / or resolve the security issue. We will take all reasonable steps to make sure that the Services are made available to you again in an efficient and timely manner. We will not incur any liability to you in these circumstances.
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3.12
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You must keep all Mobile Devices secured. Before you replace or dispose of a Mobile Device, you must ensure that Mobile Device is no longer verified to use the Services through an AIB App and delete any AIB App from that Mobile Device.
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3.13
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You should immediately delete any text sent or received by you in connection with the Services which contains reference(s) to or details of any Security Device.
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3.15
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We are entitled to rely on any instruction from you using the Services. The processing by us of any such confirmed instruction shall be final and binding on you.
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4.1
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If you have opted to be part of a Group for the purposes of the Services, as either a Group Customer or a Lead Customer:
4.1.1 you agree that the Lead Customer is exclusively authorised to determine who shall be a User and the level of authorisation given to each User;
4.1.2 you agree that the Lead Customer is exclusively authorised to add new members to the Group and the Lead Customer may remove existing members from the Group;
4.1.3 you agree that each other member may terminate its Agreement with us in so far as it
relates to that other member. If the Lead Customer terminates its Agreement with us, our Agreement with each member of the Lead Customer’s Group will automatically terminate without notice on the same date. In those circumstances, if any Group Customers appoint a replacement Lead Customer and execute such additional resolutions and documentation as we may require, the Agreement will continue for those Group Customers and their replacement Lead Customer; and
4.1.4 you agree with us and each member of the Group that the Users authorised by the Lead Customer may gain access to information relating to your Accounts (including, where available, consenting to sharing such information with TPPs and other third parties if your Accounts are accessible online), and the carrying out of transactions on your Accounts (including, where available, making payments via a TPP or other third party if your Accounts are accessible online).
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7.1
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You authorise us to act upon any instruction to debit (i.e. to remove funds from) an Account received through iBB which has been sent and/or authorised using all or part of any Security Device and/or any other authentication process which we may require that you use in connection with iBB. All debits will be a liability of yours. We can rely on your authorisation without having to make any further enquiry or require additional authentication.
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7.2
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Where you have instructed us to make a payment as part of a Payment File from your Account, the relevant amount will typically be debited from your Account on the requested debit date and will not form part of the available funds in your Account. However, we may not debit your account and a transaction may not be executed or may be delayed if we have legitimate reasons to refuse or delay, for example:
7.2.1 you or the User have not authorised the transaction in accordance with these Conditions and any applicable Account Conditions;
7.2.2 if there is any error in the instructions we receive;
7.2.3 we are prevented from following the instruction by any law or regulation or other circumstances beyond our reasonable control;
7.2.4 you do not have sufficient cleared and available funds in your Account to cover the amount of the Instruction and all applicable charges, or, where the instruction is intended to be funded by a credit line provided by us to you, that there is a significantly increased risk that you may be unable to repay the credit line;
7.2.5 the transaction would result in the Cash Management Limit or any other application daily, transaction or aggregate limits being exceeded;
7.2.6 we are entitled to refuse or delay under the Account Conditions;
7.2.7 you have not provided us with all the information or you have not followed any of the instructions we may have given to you to enable us to execute the transaction;
7.2.8 where we are suspicious that the transaction is not secure or that it is unauthorised or fraudulent; or
7.2.9 we have the right to terminate as described in the Withdrawal of the Services section in these Conditions (even if we chose not to terminate these Conditions). We will not be liable for any delay or failure in any payment or transaction as a result of any of the circumstances described in this Condition.
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7.7
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You shall not use the Services in any way which would breach your Account Conditions (for example, to create an unauthorised overdraft, exceed an approved limit on an Account) or our Agreement. If you use the Services to act in a manner in breach of your Account Conditions, we have full authority, at our sole discretion, to take such action as we think necessary to prevent or remedy the breach.
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7.9
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You will need to provide us with a Unique Identifier for each payment instruction before we can process a payment. We will rely on and are liable only for the payment transaction made in accordance with the Unique Identifier you have provided, even if you have provided additional information to us about the payment.
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12.1
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It is important that you are aware that you also have responsibilities to us. By using the Services, you agree that:
12.1.1 you will comply with your obligations under these Conditions;
12.1.2 you are liable to pay all amounts owing on your Accounts, even if you do not comply with these Conditions or these Conditions are terminated or your ability to use the Services is suspended.
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12.2
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If you do not comply with these Conditions, we can claim from you any losses or costs we reasonably incur (for example any costs in taking steps to deal with you not complying with these Conditions). In addition, we have the right to terminate these Conditions, and may have the right to terminate your Accounts. |
12.3
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Where your Account is maintained in joint names the liability of the Account Holders will be joint and several. This means that any one, some, or all, of the joint Account holders can be held responsible to pay us any amount owed.
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12.4
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Unless we have agreed otherwise, or you are a consumer, you agree to indemnify us in full in respect of any loss or damages which may arise to AIB, you or any third party as a consequence of your non-compliance with the Agreement. For the avoidance of doubt, in the case where any Account is held with a subsidiary or associated company of ours, we act as agent of that subsidiary or associated company for the purposes of agreeing this indemnity and that it shall be entitled to the benefits of this indemnity. You will be a consumer where you use the Services for personal use, not connected with your trade, business or profession.
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15.1
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We may change these Conditions from time to time. Unless we are permitted by law to give you shorter notice we will notify you at least one month in advance of any alteration of these Conditions.
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15.2
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If you do not want to accept the change, you can stop using iBB before the change applies.
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15.3
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Unless we are required by law or regulation to tell you about a change in a particular way, we may notify you by any means available to us at the time (for example by providing you with notice of any alteration, published in a national daily newspaper, by notice displayed prominently at our branches, by notice in writing or through our website or by means of another durable medium required or permitted by law).
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