Page - January 12, 2010
CONDITIONS OF INSTRUCTION TO ACCEPT DIRECT DEBITS UNDER THE
PAPERLESS SERVICE
- The Initiator:
- Undertakes to give notice to the Acceptor of the commencement
date, frequency and amount at least 10 calendar days before the
first Direct Debit is drawn (but no more than 2 calendar months).
This notice will be provided in writing (including by electronic
means and SMS where the Customer has provided prior written consent
(by electronic means including SMS) to communicate electronically).
Where the Direct Debit System is used for the collection of
payments which are regular as to frequency, but variable as to
amounts, the Initiator undertakes to provide the Acceptor with a
schedule detailing the amount and each payment date. In the event
of any subsequent change to the frequency or amount of the Direct
Debits, the Initiator has agreed to give advance notice of at least
30 days before the changes comes into effect. This notice must be
provided in writing (including by electronic means and SMS where
the Customer has provided prior written consent (including by
electronic means including SMS) to communicate
electronically).
- May, upon the relationship which gave rise to this Instruction
being terminated, give notice to the Bank that no further Direct
Debits are to be initiated under the Instruction. Upon receipt of
such notice the Bank may terminate this Instruction as to future
payments by notice in writing to me/us.
- The Customer may:‑
- At any time, terminate this Instruction as to future payments
by giving notice of termination to the Bank and to the Initiator by
means agreed by the customer, Bank and Initiator .
- Stop payment of any Direct Debit to be initiated under this
Instruction by the Initiator by giving written notice to the Bank
prior to the Direct Debit being paid by the Bank.
- Where a variation to the amount agreed between the Initiator
and the customer from time to time to be Direct Debited has been
made without notice being given in terms of clause 1(a) above,
request the Bank to reverse or alter any such Direct Debit
initiated by the Initiator by debiting the amount of the reversal
or alteration of a Direct Debit back to the Initiator through the
Initiator's Bank PROVIDED such request is made not more than 120
days from the date when the Direct Debit was debited to my/our
account.
- Request the Bank to reverse any Direct Debits initiated by the
Initiator under the Instructions by debiting the amount of the
Direct Debits back to the Initiator through the Initiator's Bank
where the Initiator cannot produce a copy of the Instructions
and/or Confirmation to me/us that I/we are reasonably satisfied
demonstrate that I/we have authorised my/our bank to accept Direct
Debits from the Initiator against my/our account PROVIDED the
request is made not more than 9 months from the date when the first
Direct Debit was debited to my/our account by the Initiator under
the Instructions.
- The Customer acknowledges that:‑
- This Instruction will remain in full force and effect in
respect of all Direct Debits passed to my/our account in good faith
notwithstanding my/our death, bankruptcy or other revocation of
this Instruction until actual notice of such event is received by
the Bank.
- In any event this Instruction is subject to any arrangement now
or hereafter existing between me/us and the Bank in relation to
my/our account.
- Any dispute as to the correctness or validity of an amount
debited to my/our account shall not be the concern of the Bank
except in so far as the Direct Debit has not been paid in
accordance with this Instruction. Any other dispute lies between
me/us and the Initiator.
- Where the Bank has used reasonable care and skill in acting in
accordance with this Instruction, the Bank accepts no
responsibility or liability in respect of:- - the accuracy of
information about Direct Debits on Bank statements; and - any
variations between notices given by the Initiator and the amounts
of Direct Debits.
- The Bank is not responsible for, or under any liability in
respect of the Initiator's failure to give notice in accordance
with 1(a) nor for the non-receipt or late receipt of notice by
me/us for any reason whatsoever. In any such situation the dispute
lies between me/us and the Initiator.
- Notice given by the Initiator in terms of clause 1(a) to the
debtor responsible for the payment shall be effective. Any
communication necessary because the debtor responsible for payment
is a person other than me/us is a matter between me/us and the
debtor concerned.
- The Bank may:‑
- In its absolute discretion conclusively determine the order of
priority of payment by it of any monies pursuant to this or any
other Instruction, cheque or draft properly signed by me/us and
given to or drawn on the Bank.
- At any time terminate this Instruction as to future payments by
notice in writing to me/us.
- Charge its current fees for this service in force from
time‑to‑time.