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Evolution
Current Account:
Terms &
Conditions
1 Definitions
In these terms
and conditions, certain Terms, unless the context
otherwise requires, have certain meanings, as follows:
“Bank”, “we”, “us”, “our” means Secure Trust Bank Plc as
provider of the account services; “Business Day” or
“Working Day” means any day (excluding Saturdays,
Sundays and Bank Holidays) on which banks generally are
open in the city of London for the transaction of normal
banking business. “you”, “your” refers to you, the
customer and includes a reference to any joint holder of
an account; “Account Holder”, “you”, “yours”, “your”,
means the person(s) in whose name(s) the Evolution
Current Account and Card Account are maintained; where
there is more than one person they are liable to us both
jointly and individually for the full debit balance at
any time on the Accounts. “card” means the MasterCard
prepaid card we may give you to allow you to withdraw
money from cash machines (ATM’s) and use in
participating retailers. “EU” means the European Union;
“EEA” means the EU plus Norway, Iceland and
Liechtenstein; “Electronic Payment Instruction” means an
instruction from you to us to make an Electronic Payment
Transaction; “Electronic Payment Transaction” means a
payment from your Account to another account using
electronic means; “PIN” means the personal
identification number that we issue for use with a card
and which you may change on receipt; “website” means our
website at www.securetrustbank.com.
1.1 Our Status
and Purpose of these Terms We, Secure Trust Bank Plc are
authorised and regulated by the Financial Services
Authority with registration number 204550. The FSA’s
address is 25 The North Colonnade, Canary Wharf, London
E14 5HS. Our registered office is at PO BOX 11915, One
Arleston Way, Solihull, B90 4ZX with telephone number
0870 411 3512. [Where your Account is not managed from
our head office, the address and contact details of any
other relevant office will be provided to you separately
at the start of our relationship with you.] The address
and contact details of all our offices are also
available on our website at www.securetrustbank.com
These Terms set out the basis on which we will provide
you with account services. Additional or alternative
Terms may apply to certain accounts and services and we
will advise you when they apply. We recommend that you
keep a copy of these Terms for your records. A copy of
these Terms are available on request. These terms and
conditions will come into force when we receive a fully
completed and signed Application Form from you and shall
continue until terminated in accordance with the
provisions of these terms and conditions. The terms and
conditions are supplied, and we will communicate with
you in connection with the terms and conditions in the
English language.
2 Opening the
Accounts
2.1 Before
opening an account in your name, we will make all
necessary enquiries into your background to verify your
identity (as required by law) and to satisfy ourselves
of your suitability as an account holder. We will make
all such enquiries into your background and that of any
person named as a joint account holder. We may collect
information from third party agencies. Acceptance or
rejection of your application is at our absolute
discretion and we can refuse to open an account without
giving a reason.
2.2 Secure Trust
Bank provides two client accounts, an “Evolution Current
Account” and a “Card Account” (together the “Accounts”)
in our name.
3 Operation
of the Accounts
3.1 If you have
not conducted your Evolution Current Account in a
satisfactory manner we may refuse to accept standing
orders and direct debits to be paid from your Evolution
Current Account. You will arrange for your salary/income
to be paid into your Evolution Current Account. In the
event that your Evolution Current Account is closed, it
will be your responsibility to arrange for your
salary/income to be paid to you direct. We may notify
you of specified events affecting your Evolution Current
Account (e.g. no credit of a salary to your account).
3.2 If you are
not happy about your choice of Evolution Current
Account, you may cancel it within 14 days of,
i) the day the
Evolution Current Account is opened, or
(ii) the day on
which you receive these Terms and Conditions (which will
be deemed to be 48 hours after the date of posting),
whichever is later. We will help you switch to another
of our accounts or we will give all your money back with
any interest it has earned. We will ignore any notice
period, a cheque issue fee may be applicable.
3.3 These Terms
and Conditions apply to everyone named on the Evolution
Current Account and Card Account. Each of you is liable
for all obligations under these Terms and Conditions
both separately on your own and jointly with any other
person named as an Account Holder.
3.4 In managing
your Evolution Current Account we may contact you by
post, telephone, or email using the latest address or
telephone number you have given to us. See Condition
3.7.
3.5 You can
contact us at the address and telephone number shown on
your statement, unless we have specifically given you a
different address or telephone number to use for a
particular service.
3.6 If we tell
you in writing, we can use any credit balance you may
have in another account with us to reduce any
unauthorised overdrawing on your Evolution Current
Account.
3.7 If you
change your name, address, telephone number (mobile or
home) or email address you must immediately inform us in
writing or by telephone. All correspondence will be sent
to the last address you gave to us.
3.8 You can give
us instructions either in writing or by telephone unless
we tell you that instructions can only be given in a
limited way on the Evolution Current Account. You must
use reasonable care to ensure that instructions are
clear and accurate.
3.9 We can
refuse to act on any instruction if:
-we have good
reason for thinking that you did not give us the
instruction;
-the instruction
is not clear;
-we believe that
by carrying out the instruction we might break a law,
regulation, code or other duty which applies to us; We
will advise you in writing or by telephone if this is
the case.
3.10 We may
apply limits to telephone or facsimile instructions from
time to time. We may vary these limits at any time with
immediate effect. We will tell you if your transaction
exceeds any of these limits.
3.11 We will
accept for credit to the Evolution Current Account all
cash and other items payable to you. We may refuse to
accept any items which are not payable to you. We allow
for seven working days to collect the proceeds of
cheques paid into your Evolution Current Account which
are not drawn on your own branch (this is known as the
clearing cycle). The central cheque clearing cycle
normally takes three working days. If the cheque you pay
in was written by a customer of ours this process may be
faster. However, this period can vary. During this
period the value of these cheques is classed as
“uncleared”. The cycle may also be longer when paying in
via some financial institutions or agents. When you give
an instruction to us to make an automated payment
(standing order), the money will normally be taken from
your Evolution Current Account the same day. If the
person you are paying banks at the same bank as you, the
amount will usually be credited on the same day.
Payments may take longer than three working days through
some financial institutions.
3.12 You should
not withdraw against uncleared cheques unless we give
you permission. If you do withdraw against them, debit
interest may be payable even though your statement may
show that your Evolution Current Account is in credit.
3.13 Cash paid
into your Evolution Current Account via Barclays will
take 6 working days to be applied to your Evolution
Current Account or be available for transfer to the Card
Account.
3.14 Credits
paid in after 4.00pm on a Business Day or credits paid
in on a non Business Day will be credited on the
following Business Day and the periods of time referred
to in Condition 3.11 will be calculated accordingly.
3.15 We may
refuse to make any payment if you do not have enough
money in your Evolution Current Account at the close of
the Business Day before payment is due to be made. In
deciding whether you have enough money we take account
of any overdraft limit, any cheques we are treating as
cleared and any instructions to make payments and
regular payments which have not yet been paid from your
Evolution Current Account. We will tell you if you can
make payments from your Evolution Current Account
against cheques which are not cleared. We do not have to
take into account regular credits or any amounts
received after we have decided not to make the payment.
3.16 If any
cheque or other item you have paid in is returned to us
unpaid we will debit your Evolution Current Account,
whether or not it goes overdrawn and even if we allowed
you to make a payment or take cash against the cheque.
We will advise you in writing if this occurs.
3.17 We will
debit on each Business Day the amount of all card
transactions processed since the previous Business Day
from your card account.
3.18 Cheques
payable abroad which may be received for payment into
your Evolution Current Account and other foreign cheques
will be negotiated or collected at your expense (details
are available on request). If any cheques are returned
unpaid for any reason we will debit your Evolution
Current Account even if the return takes place after we
have paid out on the cheque. We will advise you in
writing if this occurs.
3.19 When we
convert foreign currency we will do so at the exchange
rate on the first available Business Day subject to our
standard charges which will be deducted from the foreign
currency proceeds or debited from your Evolution Current
Account. The timing of debits and credits to your
Account depend on the currencies involved.
3.20 Payments
from the Evolution Current Account will be made only if
authorised by you and provided there are sufficient
cleared funds or overdraft facilities available on the
Evolution Current Account.
3.21 We will
send you a statement, showing all payments into and out
of the Current Account, at least annually, or every
month if you have a card. You should check your
statement upon receipt and advise us of any mistakes
immediately. If you ask us to, we will send you a
duplicate statement if you pay our charge in force at
the time. We will notify you of the charge on request
and before we send the duplicate statement.
3.22 We will
correct any entries we make by mistake to your Evolution
Current Account as soon as we notice them or as soon as
possible after you tell us about them.
3.23 We may put
messages on your statements to tell you about changes to
these Terms and Conditions.
3.24 You can
close your Evolution Current Account by giving us 14
days written notice. In the case of a joint Evolution
Current Account all Account Holders must sign.
3.25 When the
Evolution Current Account is closed you must repay any
balance outstanding, including the amount of any card
transactions or other payment instructions you have
made, which have not been taken out of your Card
Account. You must cut all cards in two, taking care to
cut through the chip and magnetic strip on the reverse
of the card and return them to our office.
3.26 We can end
our banking relationship with you by telling you in
writing. We will give you at least 2 months’ notice. We
can terminate your account/card or suspend the account
services at any time without notice, if you:
a) fail to
respond to any demand for payment; or
b) breach these
terms and do not remedy such a breach within a
reasonable time after receipt of written notice from us.
We can terminate your account and card or otherwise
suspend the account services at any time without notice
to you, if required to do so by law, or where we suspect
fraud or money laundering.
3.27 Any benefit
or services we provide in relation to your Accounts will
end as soon as they are closed.
3.28 We may
change these Terms and Conditions (including our charges
for basic account services) at any time. We will only
make such changes for a valid reason such as a change in
business requirements or technical requirements or to
comply with any changes in law or regulations, or to
offer you greater benefits from your Evolution Current
Account. We will give you at least 2 months’ notice in
writing to allow you sufficient time to consider whether
you wish to continue with the service, except changes in
interest rate which may apply immediately. If you
continue to maintain an account with us after such
notice you will be deemed to have accepted these
changes. The up-to-date version of these Terms and
Conditions will always be made available on our website.
You will not be entitled to a refund of money you have
already spent on transactions authorised or pending or
of any fees for use of your card before your card is
cancelled.
3.29 If the
Evolution Current Account has not been used in a one
month period, we will contact you to ask whether the
Evolution Current Account is to be closed or remain
open. If we do not receive a reply after one month from
the date we may close your account. The funds in the
Evolution Current Account remain your property, or if
you die, the funds will become part of your estate, no
matter how many years have passed.
3.30 If a direct
debit payment falls due and the account has insufficient
funds available to cover the full payment, the payment
will be declined and the instruction to pay will be
removed from your account. The instruction will only be
reinstated on receipt of a new mandate from the
originator.
4 Financial
Services Compensation Scheme
4.1 Secure Trust
Bank Plc is covered by the Financial Services
Compensation Scheme (“FSCS”) established under the
Financial Services and Markets Act 2000. The FSCS is a
fund of last resort for customers of banks and financial
services firms. The FSCS pays compensation if an
authorised firm cannot pay claims against it. In respect
of deposits in a savings or bank account, payments under
the scheme are limited to 100% of the first £50,000,
subject to a maximum payment to any one depositor of
£50,000. The FSCS is governed by the Financial Services
Authority (“FSA”) rules. For more details on the FSCS go
to the FSCS website – www.fscs.org.uk or telephone 020
7892 7300.
5 Complaints
5.1 If you have
any complaints about your account or the service you
have received, please write to The Chief Executive
Officer, Secure Trust Bank, PO Box 11915, Arleston Way,
Solihull, B90 4ZX.
5.2 If you are
unable to resolve your complaint with us and have
received a final response from us confirming this, you
may refer it to the Financial Ombudsman Service, South
Quay Plaza, 183 Marsh Wall, London, E14 9SR.
6 Card
6.1 You can use
the card at any location that displays the MasterCard
acceptance mark, including shops, restaurants, online or
on the telephone. Your PIN will allow you access to
ATMs, Chip and PIN retailers and you can also use your
card overseas. You can only spend the funds that you
load onto it. Before using the card you need to make
sure there are enough funds loaded on it. You will not
be able to use your card after its expiry date. Your
card is not a credit card and is not in any way
connected to your bank account, your bank account acts
as a way to load your card. You will not earn any
interest on any funds loaded on your card. Standing
orders and direct debit payments cannot be made from the
Card Account.
6.2 The Account
Holder must sign the card as soon as it is received.
Your card must then be activated before it can be used,
either online or by you requesting this via our office.
6.3 Funds can
only be loaded on to your card by us, there are two ways
to do this, firstly by a regular payment agreed by you
from your Evolution Current Account (this can be amended
by calling our office) or by additional ad hoc payments
that you instruct us to load on to your card from your
Evolution Current Account by calling our office.
6.4 Once your
card is activated, you can start using it at retailers
and ATMs and you may spend funds up to the value held in
your Card Account. You can use your card to purchase
goods and services anywhere the MasterCard® acceptance
mark is shown, you can also withdraw cash at ATM’s
displaying the MasterCard® acceptance mark subject to
there being sufficient funds on the card and the
retailer being able to verify this online (cash cannot
be withdrawn from post office counters). There are
withdrawal limits for the use of your card to prevent
fraudulent use. Cash withdrawals are limited to £500 per
day (£250 maximum per use) or other lower limits that
may be set by the relevant ATM or outlet. A withdrawal
fee will apply (see Fees Summary). You may be subject to
any applicable additional fees, surcharges, rules and
regulations of the relevant ATM or other financial
institution or association. It is your responsibility to
check before proceeding with your transaction. The
minimum withdrawal which can be made from an ATM using
your card is set by the cash machine owner. There is no
minimum value of point of sale transactions using your
card. Cash machine withdrawals and payment transactions
will normally be debited to your account within 2
Business Days. It may take longer than 2 days however,
and the debit may be delayed if the transaction is made
asking for payment, or for any other reason. Detailed
instructions on how to use your card are found on our
website. You will need to follow these instructions when
using your card. We will deduct the value of your
transactions from the amount on your card as soon as
they are made. We will also deduct any fees as soon as
they are payable by you. If sufficient funds are not
loaded on your card at the time of a transaction to
cover the amount of the transaction and the fees, the
transaction will be declined. We reserve the right to
decline any transactions at our discretion. You must not
spend more money than you have in your Card Account or
misuse the card. We will take any such action seriously
and take any steps necessary to enforce any actions
against you. In certain sectors, merchants, such as car
hire companies, hotels and other service providers, will
estimate the sum of money you may spend or require
authorisation to “have funds held” for more than the
actual amount you actually spend or are charged. This
means that some of the funds on your Account may be held
for up to 45 days. You will not be able to spend this
sum. We cannot release such a sum without authorisation
from the merchant. Merchants may not be able to
authorise your transaction if they cannot obtain on-line
authorisation from us. Any refunds for goods or services
purchased with the card may only be returned as a credit
to the card. You are not entitled to receive refunds in
cash. If, for any reason, a transaction is processed
that is more than the funds in your Card Account you
will be responsible for paying the outstanding money.
You agree to pay us such money immediately on demand. We
reserve the right to automatically debit such
outstanding amount from any top-ups you subsequently
make to your card or direct from your Evolution Current
Account.
6.5 We can
suspend your card at any time with immediate effect if
a) we discover
that any information you have provided is incorrect or
incomplete; or
(b) if a
transaction has been declined because of lack of
available value on the Card. If any transaction, fee or
charge is found to have been incurred on your card
following cancellation or termination, you agree to pay
all such sums to us immediately on demand. We may also
block or cancel your card immediately if we suspect
fraud or misuse of your card, if we have any other
security concerns or we need to do so to comply with the
law. If we do this, we will tell you as soon as we can
or are permitted to do so after we have taken these
steps. In these circumstances, if we cancel your card
you must tell us what you want us to do with any unused
funds within 3 months of the date we tell you your card
is cancelled. If your Evolution Current Account is
cancelled, we will immediately block your card so it
cannot be used. You will not be entitled to a refund of
money you have already spent on transactions authorised
or pending or of any fees for use of your card before
your card is cancelled or expires. If your card is
cancelled you must destroy it by cutting vertically
through its chip and magnetic stripe.
6.6 You should
treat your card like cash in a wallet. If it is lost or
stolen, you may lose some or all of your money on your
card, in the same way as if you lost cash. You must take
all reasonable care to prevent fraudulent use of your
card, PIN and card number. You must;
a) sign your
card immediately upon receipt
b) not allow
anyone else to use your card, PIN or card number.
As a result, you
must keep your card safe and not let anyone else use it.
If you are issued with a PIN, you must immediately
memorise it and destroy the notification. You must keep
your PIN secret at all times. Do not write it down or
reveal it to anyone. We recommend that you check the
balance on your card regularly online.
6.7 Like other
payment cards, we cannot guarantee a retailer will
accept your card, or that we will necessarily authorise
any particular transaction. This may be because of a
systems problem, something outside our reasonable
control, or because we are concerned that your card is
being misused. Accordingly, we shall not be liable in
any event that a retailer refuses to accept your card,
or if we do not authorise a transaction, or if we cancel
or suspend use of your card. Unless otherwise required
by law, we shall not be liable for any direct or
indirect loss or damage you may suffer as a result of
your total or partial use or inability to use your card,
or the use of your card by any third party. In the event
that you do not use your card in accordance with these
Terms and Conditions or we find that you are using the
card fraudulently, we reserve the right to charge you
for any reasonable costs that we incur in taking action
to stop you from using this card and to recover any
monies owed as a result of your activities. If you have
any disputes about purchases made using your card, you
should settle these with the person you bought the goods
or services from. We are not responsible for the
quality, safety, legality or any other aspect of any
goods or services purchased with your card. Remember
that once you have used your card to make a purchase we
cannot stop that transaction.
6.8 We will not
be responsible for any loss that you may suffer if
something that we are not reasonably able to control,
including but not limited to defects relating to the
card, stops or delays us from doing something we are
supposed to do under these Terms and Conditions. If you
are affected by something which is our fault, we will
only be responsible for the financial loss you suffer as
a direct result up to a maximum of the balance on your
card and not for any other loss whatsoever. If you have
acted fraudulently you will be liable for all losses on
your card, if you act without reasonable care and this
causes losses, you may again be liable for them. In the
event that you do not use your card in accordance with
these Terms and Conditions or we find that you are using
the card(s) fraudulently we reserve the right to charge
you for any reasonable costs that we incur in taking
action to stop the card(s) being used and to recover any
monies owed as a result. We accept no responsibility or
liability for a merchant refusing to honor a transaction
on your card or failing to cancel an authorisation. From
time to time your ability to use your card may be
interrupted, e.g. when we carry out maintenance. If this
happens, you may be unable
(a) to use your
card to pay for purchases or obtain cash from an ATM, or
(b) to obtain
information about the funds available in your Account
and/or about your recent card transactions. Please
notify Customer Services if you have any problems using
your card. If we know, or suspect or wish to prevent
misuse of your card we may, without notice refuse to
approve a transaction, cancel or suspend your right to
use the card for any purpose or refuse to replace any
card. We will not be responsible for or incur any
liability for any loss or damage that you may suffer as
a result.
6.9 If your card
is lost or stolen or you suspect there may be
unauthorised use of your card, or if your card is
damaged or malfunctions, you must immediately contact
Customer Services. If we ask, you must also write to us
within seven days to confirm the loss, theft or possible
misuse. You will be asked to provide us with your card
number and other information so we can identify you. We
will investigate any disputed transaction or misuse of
your card and we may need more information from you and
we may need to report the incident to the police. You
will be responsible for any unauthorised transactions
that take place prior to you notifying Customer
Services. You may be required to help us, our agents or
the police if your card is lost or stolen or we suspect
your card is being misused. If your card is reported
lost or stolen we will cancel it and may issue a new
one. A fee may apply (See Fees Summary). If you find
your card after you have reported it lost, stolen or
misused, you must cut it up and return it to us. If your
card is misused before you tell us of its loss or theft,
you will only have to pay up to £50 for any misuse,
unless you have acted fraudulently or without reasonable
care. A charge may be levied for a replacement card. We
will refund the amount of any transactions which the
investigations show are not authorised by you, provided
you have kept your card and PIN secure, you have not
acted fraudulently, or acted without reasonable care.
However, if the investigations show that any disputed
transaction was authorised by you, or you have not kept
your card or PIN secure, we will not refund the
transaction amount.
7 Electronic
Payment Transactions
7.1 In order for
us to be able to execute an Electronic Payment
Transaction properly we need you to provide us with
certain information. We have set out below the
information needed for different Electronic Payment
Transactions.
a) for a payment
to another UK bank, the recipient’s account number, bank
sorting code and reference where relevant (for example a
building society roll number);
b) for a payment
to a non-UK bank, the recipient’s account number, the
payee bank’s name and address, International Bank
Account Number (IBAN) and SWIFT Bank Identifier Code
(BIC).
7.2 We will
consider that you have consented to an Electronic
Payment Transaction or series of Electronic Payment
Transactions where you have provided us with
instructions in accordance with the following
provisions:
a) telephone
instructions;
b) e-mail
instructions;
c) written
instructions;
d) Internet
banking.
7.3 We will
endeavour to deal with your instructions regarding
Electronic Payment Transactions when we receive them.
However, instructions received by us on a non-Business
Day or outside normal office hours (9.00 am to 5.00 pm
on a Business Day) will be deemed to be received by us
on the next Business Day. In addition, in order to be
able to process the different types of Electronic
Payment Instructions we receive each day we need to
apply cut-off times to payment instructions as set out
below:
a) instructions
which request us to make an international payment and
which are received by us after 4.00pm shall be deemed to
be received by us on the next business day;
b) instructions
which request us to make a UK payment via CHAPS (a same
day payment) and which are received by us after 4.00pm
shall be deemed to be received by us on the next
Business Day;
c) instructions
which request us to make a UK payment via BACS and which
are received by us after 4.00pm shall be deemed to be
received by us on the next Business Day.
7.4 We reserve
the right to refuse to execute Electronic Payment
Transactions where we have reasonable grounds to do so,
for example, where you have provided us with incorrect
or insufficient information in order for us to be able
to execute correctly the transaction, where there are
insufficient funds in the Account, where we have
concerns about a possible breach of the law or damage to
our reputation, or where we have concerns about
security, unauthorised or fraudulent use of the Account
or other legitimate concerns. If we refuse to execute an
Electronic Payment Transaction we will normally notify
you with reasons for the refusal and what you need to do
to enable us to carry out the payment transaction. We
will not however notify you if to do so would be
unlawful. We may make a charge for notifying you of a
refusal to carry out an Electronic Payment Transaction
where the refusal is justified as provided for in our
Scale of Charges.
7.5 The general
position is that you may not revoke an Electronic
Payment Instruction once it has been received by us,
however where you have asked us to make a payment on a
future date you can revoke an Electronic Payment
Instruction up until the end of the Business Day before
the agreed date for payment. We will also endeavour to
cancel an Electronic Payment Transaction if you request
us to do so and such a request is received prior to the
relevant cut-off time for the Electronic Payment
Transaction concerned. If you want to cancel or amend an
Electronic Payment Instruction you should notify us as
soon as possible during office hours on a Business Day
by telephoning us. You agree that any request for
cancellation of an Electronic Payment Instruction must
include all details of the Electronic Payment
Instruction provided with the instruction.
7.6 The
execution time for Electronic Payment Transactions made
from your Account depends upon the method of
transmission and the currency involved. Set out below
are details of the maximum execution times which will
apply to payment transactions made by us from your
Account following receipt of instructions from you
(subject to clause 7.3 above):
a) for payments
to a UK bank made via CHAPS the payment will arrive in
the recipient’s UK bank on the same Business Day;
b) for payments
in sterling or in Euro (not made via CHAPS) to another
person’s account in the EEA:
i) the maximum
execution time for funds to arrive in the recipient’s
bank is no later than three Business Days after we
received your instructions, and from 1 January 2012, no
later than the end of the Business Day after we received
your instructions;
ii) where an
Electronic Payment Transaction follows a written
instruction from you, the maximum execution time set out
in (i) above is extended by one Business Day;
c) for payments
in an EEA currency (not made via CHAPS) which is not
sterling or Euro, to another person’s account in the
EEA, payment may take an additional Business Day and as
a result the maximum execution time for funds to arrive
in the recipient’s bank is no later than four Business
Days following the day we received your instructions;
d) for payments
in non-EEA currencies, the execution time in respect of
such payments will depend upon the foreign currency and
the countries involved. We will let you know the maximum
execution time for such payments at the time we receive
your payment instructions.
7.7 In relation
to payments made into your Account, funds will be
available to you and be eligible for the calculation of
interest on credit balances on the Business Day that
such funds are received by us.
8
Unauthorised Card Transactions and Electronic Payment
Transactions
Notification
of unauthorised transactions
8.1 You must
notify us as soon as possible in writing of any
unauthorised or incorrectly executed transactions.
8.2 Please note
that in respect of transactions in sterling, Euro or
another EEA currency, carried out within the EEA other
than transactions involving cheques or in relation to
Fixed Term Deposits, you must notify us within 13 months
after the debit date on becoming aware of any
unauthorised or incorrectly executed transactions. If
you do not notify us within this time period you may not
be entitled to redress from us.
8.3 In respect
of transactions outside of the scope of clause 8.2 (for
example, transactions in non-EEA currencies or
transactions involving cheques), the normal statutory
limitation period of six years will apply.
Liability for
unauthorised transactions
8.4 We will
normally investigate any payment transactions which you
notify us as being unauthorised by you. We will carry
out any such investigation as quickly as possible in
light of the circumstances. Subject to clause 8.5, if we
find the payment transaction was not authorised by you
we will refund the amount of the unauthorised
transaction to you and where applicable restore your
Account to the state it would have been in had the
unauthorised transaction not taken place (for example,
by refunding any charges or interest that you have paid
as a result).
8.5 You will
however be liable for:
a) all payments
and any losses in respect of unauthorised transactions
where you have acted fraudulently;
b) all payments
and any losses if you have intentionally or negligently
failed to take reasonable steps to keep the security
features of your card safe or comply with these Terms.
c) Payment
transactions made from your Account in excess of the
amount you would reasonably expect
8.6 Where a
payment transaction is initiated by or through the
recipient of a payment, for example, a direct debit or a
Card Transaction the exact amount of the transaction may
not be specified at the point of sale. In such
circumstances, the following provisions apply:
a) if the amount
of the transaction exceeds the amount you could
reasonably have expected in all the circumstances,
subject to the remainder of this clause you can request
a refund from us of the full amount of such transaction;
b) the right to
a refund under sub clause (a) does not apply if you have
given consent direct to us for the transaction to be
executed and, if applicable, details of the payment
transaction have been provided or made available to you
at least four weeks prior to the debit date.
c) in order to
be entitled to a refund under sub clause (a) above you
must have requested a refund within eight weeks of the
debit date, and you must have provided if requested by
us information reasonably necessary for us to establish
if you are entitled to a refund under sub clause (a);
d) we will
either effect a refund or notify you of a refusal to
make a refund within 10 working days of the date of
receiving a request for a refund or if applicable, the
date of receiving further information requested by us
under sub clause (c) above.
8.7 In relation
to direct debits the right to a refund under the UK
Direct Debit Guarantee scheme shall continue to apply.
Failure to
provide correct payment information
8.8 It is very
important that you provide the correct information we
need (as specified in clause 7.1 in order to execute
Electronic Payment Transactions correctly. If you do not
provide the correct information or if the information
you provide is insufficient we will not be responsible
for the consequences. However if required, we will still
make reasonable efforts to recover the funds for you.
Failure of
payment to reach the intended recipient
8.9 In relation
to Electronic Payment Transactions initiated by you, if
you notify us that a payment has not been received or
the transaction has otherwise been incorrectly executed
we will investigate this to see if the funds have
reached the recipient bank. If the recipient bank
received the correct amount of funds in accordance with
the timeframe specified in clause 7.3, then it will be
the recipient’s bank who will be responsible and will
need to correct the error and pay the money to the
recipient. If however the funds did not reach the
recipient’s bank and we are responsible we will refund
the amount of the transaction to your Account and put
the Account back into the position as if the transaction
had not occurred (for example, by refunding any interest
or charges that you have paid as a result).
8.10 In relation
to payment transactions initiated by or through the
recipient for example a Card Transaction or a direct
debit, the recipient’s bank is responsible for correctly
transmitting the payment order to us. If you notify us
that the correct payment has not been received we will
investigate this. If the recipient’s bank can show that
they correctly gave us the payment order, but the
transaction was still not executed properly then we will
be responsible and will refund to you the amount of the
transaction and put your Account back into the position
it would have been in had the transaction not taken
place (for example, by refunding any interest or charges
that you have paid as a result).
9 Fees
9.1 Your Current
and Card Accounts are subject to the fees and charges
set out in the fees summary below. These fees and
charges are an integral part of these Terms and
Conditions
Set up fee
(month 1) £12.50
Management
fees
Monthly
£12.50
Base amount
Weekly £2.90 (monthly *12/52
rounded up to nearest 5p)
4 Weekly
£11.55 (monthly
*12/13 rounded up to nearest 5p)
2 Weekly
£5.80
(monthly *12/26 rounded up to nearest 5p) Ad hoc Fees
Replacement card
£5.00 Additional card
£5.00 Duplicate
statement £2.50 Raising of a
cheque £2.50 Transaction fees
UK ATM
£0.50 Non UK
ATM £2.25 Foreign Exchange
2.75% Credit Interest
0.00% Overdraft
debit interest (Evolution Current Account overdrafts are
only applicable when a successful application has been
made and not on the base account) 29.9% APR. We will
charge these fees to your Evolution Current Account or
your Card Account as appropriate as soon as they become
payable. If we decide to increase or impose any new
fees, we will tell you at least 2 months before any
changes take effect in accordance with Condition 3.28 of
these Terms and Conditions.
9.2 If you use
the card to purchase goods or services or withdraw cash
in a currency other than the currency the card is
issued, then such transaction will be converted to the
currency of your card on the day we receive details of
the transaction. We will use MasterCard® authorised
rates applicable for such transactions. A foreign
exchange fee will also apply. If you take a card in a
currency that is different to your online account, all
transactions made using your card will incur a 2.75%
foreign exchange fee.
10 Overdraft
10.1 You must
obtain our agreement before you overdraw your Evolution
Current Account.
10.2 If we
decide to make payments from the Evolution Current
Account when there are insufficient funds available,
then any overdraft created is regarded as unauthorised.
This is also the case when you exceed any agreed
overdraft limit. See also Condition 10.4 below.
10.3 If you
authorise or make payments without sufficient money
available in your Current Account, taking account of any
overdraft limit and allowing for uncleared cheques, we
may return the payments. We operate a zero tolerance
policy and as such will cancel any standing order or
direct debit that we cannot pay.
10.4 In
accordance with normal banking practice, all overdrafts
are repayable on demand. Until you repay in full we will
charge interest and fees in accordance with our
published tariff.
10.5 We may make
credit reference agency searches and other enquires when
you ask to borrow from us or if we wish to evaluate,
increase or renew your borrowing facilities with us.
Credit Reference Agencies make a record of searches and
of information we give them. If you ask us, we will
advise you of the credit reference agencies we have
used.
10.6 If your
request is declined, and you ask us why, we will advise
you in writing or by telephone.
11 Charges
and Interest
11.1 Charges and
interest applicable to the Evolution Current Account are
published in the form of tariffs. Up to date tariffs are
available from our Customer Services team or visit our
website at www.securetrustbank.com.
11.2 Charges for
services outside the published tariff will be advised at
the time the service is offered.
11.3 Where
appropriate, written details of overdraft charges and
interest incurred on your Evolution Current Account
during the previous charging period will be sent to you
14 days before the charges and interest are deducted
from your Evolution Current Account.
11.4 If your
Evolution Current Account has an unauthorised overdraft,
then additional charges may be levied which will be
debited to your Evolution Current Account on the day on
which the unauthorised overdraft is created.
11.5 Debit
interest rates will vary from time to time. Changes in
interest rates will be published online. Changes in
interest rates may take effect immediately. We will
advise you of these changes by personal notice within 30
days of the interest rate change.
11.6 Interest is
calculated daily and applied to your Evolution Current
Account on the dates shown in the tariff as interest
charged on the debit cleared balance.
11.7 You will
reimburse us and your Evolution Current Account will be
debited in respect of any reasonable costs and expenses
incurred by us and our agents in connection with finding
you if you change address without notifying us, all
legal and other reasonable costs in connection with
recovering monies due by you to us.
11.8 Details of
our interest rates can be obtained by telephoning our
Customer Service Department or visit our website at:
www.securetrustbank.com.
12
Notification by SMS text messages
12.1 We may
introduce a service to you whereby we provide you with
information relating to your Accounts with us by SMS
text messages to your mobile telephone. In the event
that this SMS text message service is introduced, the
following additional Terms and Conditions will apply.
12.2 In the
event that the SMS text message service is introduced,
we may use this service to communicate with you
regarding your Accounts with us, unless you call us and
request that this service is not used in respect of your
Accounts with us.
12.3 We may
notify you of specified events affecting your Evolution
Current Account (e.g. the crediting of a salaries
receipt) by SMS text message to your mobile telephone.
12.4 In managing
your Evolution Current Account we may contact you by SMS
text message to your mobile telephone.
12.5 You are
responsible for the security of your mobile telephone
and you must take reasonable precautions to prevent
anyone else from accessing your confidential
information, including using all security features
available on your mobile telephone (including any SIM
card personal identification number) and keeping your
mobile telephone safe at all times and not leaving it
unattended in a place accessible to anyone else who you
do not wish to see your Evolution Current Account
information. You must inform us immediately by telephone
if:
(i) your mobile
telephone is lost or stolen;
(ii) you know or
suspect that someone else knows your SIM card personal
identification number or otherwise has access to your
SMS text messages; or
(iii) your
mobile telephone number changes or your contract with
your mobile network operator ends.
If you take your
mobile telephone outside the UK whilst registered for
the SMS text message service you will be deemed to
authorise us, the network operator and any third party
to whom information about you and your accounts has been
properly passed for the provision of the SMS text
message service, to transmit and store such information
as is necessary to send text messages to your mobile
telephone. Whilst we will make reasonable efforts to
provide the SMS text message service, we will not be
liable for any failure to provide the SMS text message
service due to any reason beyond our reasonable control,
including any suspension of either service resulting
from maintenance and upgrades to our systems or those of
any other party used to provide the SMS text message
service. You may end or suspend the SMS text message
service at any time by calling us. We may suspend,
withdraw or restrict the use of the SMS text message
service where we consider it appropriate for our or your
protection. We will inform you of such suspension,
withdrawal or restriction as soon as practicable. We may
also end the provision of the SMS text message service
at any time by giving you 30 days notice in writing
(including by SMS text message). There is no charge for
the SMS text message service. However we reserve the
right to introduce a charge in the future, but we will
only do so by giving you 30 days notice in writing
(including by SMS text message). After the expiry of
such notice you hereby authorise us to debit your
Evolution Current Account with such charges for
providing the SMS text message service. By using the SMS
text message service you accept that:
(i) the text
messages may contain information about you and your
Evolution Current Account which is confidential and they
are sent at your own risk; and
(ii) messages
sent by the SMS text message service are not secure and
once the message has been sent we cannot be held
responsible if for any reason it fails to arrive, or it
arrives incomplete or in any way different from the
message we sent or if the message has been seen by an
unauthorised person.
13 Use of
Your Information
13.1 We are not
responsible if we cannot carry out our duties under the
Terms and Conditions arising directly or indirectly from
the failure or faulty working of any machine, data
processing system or transmission link; any industrial
dispute; anything beyond our control or that of our
agents or sub-contractors.
13.2 From time
to time we may offer Account Holders additional services
or benefits. These do not form part of the Terms and
Conditions and we may, if we wish, alter or remove them
at any time.
13.3 We do
provide banker’s references on request. These are also
known as banker’s opinions or status enquiries. If a
banker’s reference about you is requested, we will
require your written consent before it is given.
13.4 We will
hold your personal information securely and process it
only for the purposes set out in this clause. ‘We will
treat your personal information as private and
confidential. Your information may be held on a Group
database and used by us and any Group company for the
purposes set out in this clause. (Where we refer to
“Group” in a clause we are referring to the Arbuthnot
Banking Group of companies of which we are a member).
Your information includes any information which we or
any Group company holds, now or at any time in the
future and which comes from, or relates to:
(i) application
forms or other dealings with any Group company;
(ii) third
parties, such as credit reference agencies and parties
associated with you;
(iii) your
services from any Group company. We and other Group
companies will use, analyse and assess your information
to maintain and develop our relationships with you. This
will include using it for the following purposes:
(a) considering
any applications made by you and helping us make
credit-related decisions about you;
(b) operating
and administering the services we, and/or other Group
companies supply;
(c) servicing
your relationships with Group companies;
(d) financial
risk assessment, money laundering checks, compliance and
regulatory reporting and fraud prevention;
(e) helping us
and other Group companies to identify products and
services which may interest you (unless you have asked
us not to), and
(f) helping us
and other Group companies to understand and develop our
respective businesses, including new and innovative
products and services.
For operational
uses such as in paragraphs (a), (b), (c) and (d) of this
clause, we may link your information between your
accounts and other products and services you maintain
with us. We may also link your information with that of
others with whom you have a financial connection. We
will not use the links for marketing purposes without
your consent. During the time that you have your
Account, the way we look at, record and use information
about you may change. In most cases these changes will
result from improvements in technology and we believe
that you will be comfortable with them. Where we feel
the changes may not be obvious to you, we will tell you
before we introduce them. When you open your Account,
you are agreeing that, by continuing to maintain your
Account for at least 60 days after we have notified you
of a change to the way we may use your information, you
will be happy with that change - unless you write to us
at the following address, telling us that you do not
wish your information to be used in this way: Secure
Trust Bank, One Arleston Way, Solihull, B90 4LH We do
not disclose your information outside the Group except:
(i) for
operational reasons described in (a), (b), (c) and) (d)
of this clause;
(ii) where we
have your consent;
(iii) where we
are required or permitted to do so by law;
(iv) to persons
to whom we may transfer rights and obligations under our
agreement with you;
(v) to credit
reference and fraud prevention agencies.
13.5 Under the
Data Protection Act, you have the right to access
information that we hold about you. A fee may be
payable. For details of the fee, please contact Banking
Services.
13.6 You must
not transfer any of your rights under the Accounts or
card
13.7 These Terms
and Conditions are governed by English law.
13.8 We may
assign the benefit and burden of these Terms and
Conditions at any time, without your consent. If we do
this, your rights will not be affected.
13.9 In signing
this agreement you agree that we can share your personal
information and information about the running of your
accounts including transactional data with the third
party that introduced your Account to us, any third
parties that are used for the day to day servicing of
your Accounts and any group company within the Arbuthnot
Banking group.’
Secure Trust
Bank PLC. Registered in England and Wales 541132.
Registered Office: One Arleston Way, Solihull, B90 4LH.
Authorised and regulated by the Financial Services
Authority. Secure Trust Bank PLC pursuant to license by
MasterCard International Incorporated.
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