Bankline Terms        

These Terms apply to the Bankline internet banking service (Bankline) provided by The Royal Bank of Scotland plc. They form part of the Agreement made between the Customer and the Bank by the application form which refers to them. The Bankline Agreement includes the Bankline Website through which the service is accessed (Website), all Bankline material and all associated Bankline software which the Bank may provide (Software).  
 
1. USE OF BANKLINE

1.1 Bankline enables the Customer to access and give Instructions regarding the Customer's Accounts and any third party’s Accounts (Accounts), included in Bankline.

1.2 The Bank recommends the Customer appoints two or more Administrators to manage Bankline.

1.3 The Customer gives Administrators full power to administer and operate Bankline for the Customer. In the case of Dual Administration, two Administrators must act together. Administrators are responsible for:

1.3.1 appointing other Administrators.

1.3.2 authorising, appointing, removing and supervising other individuals (Users) to access and use Bankline for the Customer. Each Administrator will also be a User.

1.3.3 allocating the password controls and the levels of authority and access of each User (Privileges).

1.4 The Privileges are in place of any other mandate or authority held by the Bank for the operation of the Accounts.

1.5 The Bank will send to the Administrators any security devices (including Smartcards and readers) and information relating to Users and Bankline. The Bank will send any PINs and passwords direct to the Users.

1.6  The Bank may at any time, without notice:

1.6.1 suspend or withdraw all or any part of Bankline either to carry out maintenance work or for any other reason.

1.6.2 suspend or cancel an Administrator’s or User’s use of Bankline.

1.7 The Bank does not guarantee the availability of Bankline and accepts no liability arising from non-availability. Where possible, the Bank will notify the Customer in advance of any suspension or withdrawal of Bankline.

1.8 The Bank will give notice of the availability of Bankline, any changes to the Terms, or of other matters, on the Website pre-login or login screen. 

1.9 These Terms are in addition to the terms applicable to the Accounts themselves.

1.10 Where the Customer holds National Westminster Bank (NatWest) Accounts, The Royal Bank of Scotland is acting as agent for NatWest in providing Bankline.

2. CUSTOMER OBLIGATIONS

2.1 The Customer will, and will ensure that Administrators and Users:

2.1.1 control and monitor the use of Bankline to prevent unauthorised or erroneous Instructions and to minimise the risk of fraud. 

2.1.2 make no link or other connection between Bankline and any third party’s website.

2.1.3 comply with the rules, procedures and security measures and operate the security devices, as required by the Bank on the Website and in Bankline material.

2.1.4 prevent the security measures and devices from becoming known to or accessible by any unauthorised person.

2.1.5 keep secret and confidential the operation and details of Bankline, even after termination of the Agreement.

2.1.6 back up the Customer’s data in case of any failure, suspension or withdrawal of Bankline.

2.1.7 use a separate email address for each individual User and Administrator.

2.1.8 use equipment and systems suitable for Bankline as specified by the Bank.

2.1.9 maintain the Customer’s own hardware and software and take appropriate measures to prevent contamination by viruses or similar threats.

3. INSTRUCTIONS

3.1 Instructions given to the Bank through Bankline are an unconditional authority to make a payment or take other action. The Bank is under no obligation to allow an Instruction to be cancelled or amended once received and even if the Bank tries to reverse or revoke an action carrying out an Instruction, it may not be able to do so.

3.2 Receipt of Instructions by the Bank is not guaranteed by the use of Bankline. 

3.3 The Bank may request additional authorisation or details for any Instruction. 

3.4 The Bank will only act on an Instruction during the hours of operation on a weekday other than a national holiday (Business Day) and in accordance with the cut off times advised by the Bank on the Website or in any Bankline material.

3.5 The Customer must ensure all Instructions contain the correct account numbers or International Bank Account Number (IBAN) as required by the Bank. The omission of a required number or IBAN or inclusion of an incorrect number or IBAN, may result in delay, loss or further Bank charges. The Bank is not responsible for checking the beneficiary name or other account details. The Bank will not be liable for acting on an Instruction even if it is ambiguous, incomplete or inaccurate. If the Bank decides not to act, it will notify the Customer.

3.6 Any confirmation that a payment should reach the beneficiary's bank by a certain date is no guarantee that the funds will be available to the beneficiary by that date.

3.7 The Customer must ensure that any Instructions or operations affecting a third party’s Accounts, are done with the authority of the third party.

4. SECURITY

4.1 Reduced security risks for Bankline are achieved through the use of browser based encryption and various security measures described in Bankline material and on the Website. The Bank will use all reasonable endeavours to keep Bankline secure.

4.2 The Bank does not guarantee that Bankline is free from viruses or other security risks. The Bank will monitor computer security threats and take appropriate action, exercising the care reasonably expected of a bank providing similar services. 

4.3 The Customer will tell the Bank immediately if the Customer:

4.3.1 suspects or believes that:
• any security device is lost, misused or stolen.
• any security measures may be known to a person other than an Administrator or relevant User.
• there has been any unauthorised use of Bankline.
• Bankline security measures may no longer be adequate.

4.3.2 wishes to change an Administrator.

4.3.3 knows or suspects there has been a failure or delay in the Bank receiving any Instruction or knows or suspects a programming or transmission error, defect or corruption in any Instruction.  The Customer will assist the Bank to remedy the problem.

4.3.4 discovers that any information on the Website is incorrect.

4.4 If the Customer tells the Bank that there has been a breach of security, the Bank will promptly cancel the security measures and any security devices as necessary.

4.5 If information accessed or received through Bankline is not intended for the Customer, the Customer will:

4.5.1 immediately notify the Bank.

4.5.2 not access the information further and immediately delete it.

4.5.3 keep the information confidential.

5. INTELLECTUAL PROPERTY

5.1 Bankline, the Website, all Software and Bankline material are the property of the Bank and its suppliers and are protected by copyright and other intellectual property rights. The Bank grants the Customer a non-transferable licence to use Bankline for the duration of the Agreement.

5.2 The Customer will use the Software and any other equipment and materials supplied by the Bank solely for the purposes of operating Bankline.

6. CONFIDENTIALITY

6.1 The Bank will take reasonable care to maintain the confidentiality of information relating to the Customer. The Customer authorises the Bank to provide third parties with information the Bank believes is necessary, where it engages a third party (Third Party Supplier) in connection with Bankline, or to carry out an Instruction.

6.2 To carry out an Instruction, the Bank may be required to transfer personal information to third parties. This may mean personal information is transferred to countries which do not provide the same level of protection for personal information as the UK. By giving an Instruction, the Customer agrees to this and confirms the Customer is authorised to instruct the Bank to transfer personal information relating to others. Information transferred to third parties may subsequently be accessed and used by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

7. EXCLUSIONS AND INDEMNITY

7.1 The Bank is not liable for any loss arising from any cause beyond the Bank’s control or arising from any of the following, unless caused by the Bank's or its Third Party Supplier's negligence or wilful default:
 
7.1.1 unauthorised access to any confidential information accessible through Bankline.

7.1.2 delay or failure to carry out an Instruction.

7.1.3 disruptions to Bankline.

7.2 The Bank is not liable for:

7.2.1 loss or corruption of data, injury to reputation, business interruption, loss of revenue, goodwill, opportunity or anticipated savings.

7.2.2 any indirect or consequential loss.

7.3 The Bank does not guarantee that the Software is error free. 

7.4 The Bank is not liable for any:

7.4.1 errors, failures or costs arising from any malfunction of the Customer's equipment or provision of services from the Customer's Internet Service Provider.

7.4.2 use of Bankline by an unauthorised person resulting, directly or indirectly, from an act or omission by the Customer.

7.4.3 security-related information or advice provided by the Bank.

7.5 The Customer will indemnify the Bank against any claims, liabilities, costs, expenses, damages or losses (whether direct, indirect or consequential) that the Bank incurs from Instructions or operations affecting third party’s Accounts.

8. FEES AND CHARGES

8.1 The Customer will pay the Bank's fees and charges (plus VAT if applicable) detailed in the tariff available from the Customer’s Relationship Manager. The Bank may vary the tariff by giving the Customer 30 days’ notice.

8.2 The Bank may apply all amounts due to an account of the Customer with the Bank, even if it causes that account to be overdrawn or exceed any limit.

9. TERMINATION

9.1 Either party may terminate the Agreement by giving to the other not less than 30 days’ notice.

9.2 The Bank may terminate the Agreement without notice and with immediate effect, or suspend or limit the Customer’s or any Administrator’s or User’s use of Bankline if:

9.2.1 the Bank’s licence for any Software is terminated or suspended.

9.2.2 the Customer breaches the Agreement.

9.2.3 the Customer proposes a voluntary arrangement with its creditors.

9.2.4 there is any resolution or petition for liquidation or bankruptcy or insolvency proceedings are commenced, in relation to the Customer in any jurisdiction, except as part of a re-organisation agreed by the Bank.

9.2.5 any security is enforced or a receiver or similar official is appointed in respect of any of the assets of the Customer.

9.2.6 there is an application or petition for an administration order, or notice is given to any person of intention to appoint an administrator, or an administrator or similar official is appointed, in relation to the Customer.

9.3 Bankline will terminate automatically if the Account on which Bankline is set up is closed unless the Customer nominates an alternative account.

10.  CONSEQUENCES OF TERMINATION

10.1 On termination of the Agreement:

10.1.1  the Bank may act on Instructions received before the date of termination.

10.1.2 the Customer will within 14 days, return to the Bank all Software and Bankline material.

10.1.3 the Customer will immediately delete the Software from the Customer’s equipment.

10.2 Termination of the Agreement will not affect any rights of either party accrued to the date of termination.

11. TRANSFERS

11.1 The Bank may give to anyone any information about the Customer or the Agreement in connection with any proposed transfer of, or financial arrangement by reference to, the Agreement.  The Bank may allow any person to take over any of its rights and duties under the Agreement.  References to the Bank in the Agreement include its successors.

11.2 The Customer may not transfer the benefit of the Agreement.

12. WAIVER

If the Bank waives any of its rights under the Agreement, it does not mean the Bank will waive
that right in the future.

13. SEVERABILITY

If any of the Terms is determined to be unlawful or unenforceable, the Term will be severed from the remaining Terms which will continue in full effect.

14. ENTIRE AGREEMENT

14.1 This Agreement forms the entire agreement between the parties. To the maximum extent permitted by law, all implied terms in relation to the Customer’s use of Bankline are excluded.

14.2 Except as set out in the Agreement, the parties do not have any rights against each other in relation to, and have not relied on, any oral or written representation, warranty or collateral contract made before the date of the Agreement in relation to Bankline. Nothing in the Agreement excludes liability for fraudulent misrepresentation, death or personal injury.

15. CHANGES

15.1 The Bank may change any of these Terms. If the Bank considers the change is to the Customer's advantage, the Bank may make the change immediately and notify the Customer up to 30 days after making the change. In other cases, the Bank will give 30 days' advance notice of the changes made. Revised Terms will be available online or from the Customer’s Relationship Manager.

15.2 The Bank may change the Bankline material, Website and Software at any time.

16.    NOTICES

16.1 All notices and other communications must be in writing.

16.2 The Bank may deliver a notice or communication to the Customer by the Website, or at the contact details last known to the Bank or the Customer’s registered office.

16.3 A notice or communication by the Bank will be effective at the time a message is posted on the Website; at the time of personal delivery; on the second Business Day after posting; or, if by fax, at the time of sending, if sent before 6.00 p.m. on a Business Day, or otherwise on the next Business Day. 

16.4 A notice from the Customer to the Bank must be addressed to the Customer's Relationship Manager and will be effective on receipt.

17. LAW AND JURISDICTION

17.1 If the Account on which Bankline is set up is at a branch in Scotland, Scots law applies to the Agreement and the Scottish Courts have exclusive jurisdiction. If the Account is at a branch elsewhere, English law applies to the Agreement and the English Courts have exclusive jurisdiction. 

17.2 For the benefit of the Bank, the Customer irrevocably submits to the jurisdiction of the relevant courts and irrevocably agrees that a judgement or ruling in any proceedings in connection with the Agreement in those courts will be conclusive and binding on the Customer and may be enforced against the Customer in the courts of any other jurisdiction.