Terms & Conditions Governing AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking (Version 8, December 2003)

The facilities and services provided by AIB Bank 24 Hour Banking and AIB 24hour-online are granted on and subject to the terms and conditions set forth below.

Definitions

Words in bold print in the Definitions Clause shall have the meanings respectively set under them and, where the context admits, the singular form shall include the plural form and vice versa.

Account
An account denominated in Euro (including but not limited to an AIB Credit Card account) (whether in sole or joint names) maintained with the Bank and designated by the User as an account which may be utilised in availing of Banking Services.

Account Holder

A person who maintains an Account with AIB Bank.

Adviser Facility
The facility available through 24 Hour Banking which enables the User, with the assistance of a Customer Service Adviser, to access and utilise the Banking Services attaching to this facility.

Agreement
The agreement concluded between AIB Bank and the User for AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking incorporating the Registration Form, the Conditions of Use and the Operating Instructions.

AIB Bank or Bank
Allied Irish Banks, p.l.c., its successors and assigns.

AIB Credit Card
An AIB Bank Visa Card or AIB Bank MasterCard Card.

AIB Finance and Leasing
AIB Finance Limited, Sandyford Business Centre, Blackthorn Road, Sandyford, Dublin 16, a subsidiary of the Bank.

AIB 24 Hour Banking
The system provided by AIB Bank to enable the User to access and utilise Banking Services on a 24 hour day basis by telephone using the Self-Service and/or Adviser Facility.

AIB 24hour-online
The online system provided by AIB Bank to enable the User to access and utilise Banking Services via the Internet or other Internet technology-based telecommunication media.

AIB Bank Tariff Card
The tariff card issued by AIB Bank from time to time specifying the Bankís fees and charges for its services including the charges for AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking.

AIB Text Banking

The system provided by AIB Bank in conjunction with mobile phone service providers to enable the User to access and utilise Text Banking Services via SMS-based telecommunications media.

ARK Life
ARK Life Assurance Company Limited, a subsidiary of the Bank.

Banking Services
The services available through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking including:(a) accessing information on an Account, including the balance of, and details of recent transactions on, the Account; (b) cheque search (in respect of cheques written within the preceding two months); (c) requesting statements on an Account; (d) funds transfer; (e) bill payment; (f) personal loan facilities (which in addition will be subject to the terms of a credit agreement and/or facility letter (as appropriate) in accordance with the provisions of the Consumer Credit Act, 1995); (g) accessing information in relation to the current value and other policy information in relation to ARK Life products purchased by the User; (h) accessing balance and other statement information in relation to AIB Finance and Leasing products purchased by the User; (i) Top-ups; together with such other services as the Bank may agree to provide from time to time.

Bill Payment Account
An account of a third party in respect of which Bill Payment arrangements have been set up by AIB Bank and which has been designated by the User for Bill Payment. The list of Bill Payments Accounts (which may be added to or changed by AIB Bank from time to time) will be made available to the User through the Adviser Facility.

Bill Payment
The transfer of funds by the User for credit of a Bill Payment Account which is made at debit of: (i) a Nominated Account using the Self Service Facility, and/or AIB 24hour-online; (ii) an Account using the Adviser Facility.

Business Day
A day on which AIB Bank is open for general banking business in the State and Ďnon business dayí shall be construed accordingly.

Conditions of Use
The terms and conditions governing AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking set forth in this document and such other terms and conditions as may be added to or substituted for them from time to time.

Customer Service Adviser
An employee or agent of the Bank authorised to provide assistance to the User with AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking.

Euro or EUR
The single currency of the Participating Member States of the European Union.

Funds Transfer
Intra Account Transfer and Inter Account Transfer.

Inter Account Transfer
The transfer of funds by the User for credit of an account domiciled with a credit institution other than AIB Bank, which is made at debit of an account using the Self Service Facility, Adviser Facility and/or AIB 24hour-online.

Intra Account Transfer
The transfer of funds by the User: (i) for credit of any other Account, and/or any third party account maintained with the Bank which is made at debit of an Account using the Adviser Facility (ii) for credit of any other Nominated Account, and/or a Mandated Account which is made at the debit of a Nominated Account using the Self-Service Facility and/or AIB 24hour-online.

Mandated Account
The Account (other than a Nominated Account) or any third party account domiciled with the Bank, or with a credit institution other than AIB Bank, designated by the User for receipt of funds through the Self-Service Facility and/or AIB 24hour-online.

Nominated Account
Such of the Accounts as are designated by the User for access through the Self-Service Facility, AIB 24hour-online and/or AIB Text Banking.

Operating Instructions
The published instructions of the Bank governing the use and operation of AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking in force at the date of adoption of the Conditions of Use and any amendments or additions thereto issued by AIB Bank from time to time.

Personal Access Code ("PAC")
The Personal Access Code, consisting of not more than five digits, allocated to the User for use in conjunction with the Registration Number.

Registration Form
The official form completed by a person applying to the Bank for the grant of AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking.

Registration Number
The Registration Number allocated by AIB Bank to the User in connection with AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking or the mobile phone number registered by the User with the Bank and used as a proxy for the Registration Number in connection with AIB Text Banking.

Self-Service Facility
The fully automated facility available to the User in connection with AIB 24 Hour Banking which enables the User to access and utilise the Banking Services attaching to this facility.

Text Banking Services

Those Banking Services which are available through AIB Text Banking including Top-ups and accessing information on an Account including the balance of, and details of recent transactions on, the Account.

Top-up
A transaction carried out using the Self-Service Facility, AIB 24hour-online and/or AIB Text Banking by which the User debits a Nominated Account (other than an AIB Credit Card Account) to pay for a top-up of a pre-paid mobile phone account with a mobile phone service provider authorised by the Bank from time to time.

User
The Account Holder to whom (or, in the case of joint accounts, to each of whom) is issued a Registration Number and PAC.

Use of AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking

1. Availability
Banking Services are available only in respect of accounts in Ireland and denominated in euro.

2. The Registration Number and PAC must be used strictly in accordance with the Conditions of Use.

3. (a) The PAC will be known only to the User and must not be disclosed in any way whether directly or indirectly by the User to any other person. Should the User suspect that the Registration Number and/or PAC have become known to any other person the User shall immediately effect a change to the PAC through AIB 24 Hour Banking. (b) The User should disconnect and exit AIB 24hour-online when leaving his or her terminal unattended. (c) The User should delete SMS text sent or received in connection with AIB Text Banking which contains reference(s) to or details of the Userís PAC immediately after such text has been sent or received.

Equipment

4. The technical equipment necessary to access AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking shall be provided and be maintained by and at the expense of the User who shall also satisfy any relevant requirements specified by AIB Bank in the Operating Instructions from time to time.

Indemnity

5. The User undertakes to comply strictly with the Conditions of Use and the Operating Instructions which are designed to minimise the risk of unauthorised use of AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking, and to indemnify the Bank in respect of any loss or damages which may arise as a consequence of the Userís non-compliance with such Conditions of Use and Operating Instructions.

Instructions

6. AIB Bank shall be entitled, but without being obliged to do so, to record instructions received by the Bank through AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking.

7.(a) The User shall ensure that all instructions given by the User to the Bank through AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking are accurate and complete, and that they correctly identify the Account to which the amount of the underlying transfers is to be credited or debited, or the Account to which the amount of the Top-up is to be debited, as the case may be; in particular, prior to confirming any such instruction, the User must ensure that the instruction as relayed back to the User for the purpose of confirmation through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking is that which the User intends; the processing by the Bank of any such confirmed instruction shall be final and binding on the User.

7.(b)AIB Bank is hereby authorised in accordance with the User's instructons given to AIB Bank through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking to provide the User with account balance information in respect of all accounts currently or at any future time opened in the name of the User with AIB Fianance Ltd. and AIB Leasing Ltd.

7.(c)AIB Bank is hereby authorised to provide to the User, in accordance with the User's instructions given to AIB Bank through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking, any or all of the Banking Services which may be accessed and availed of through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking.

Transactions on the Account

8. The User authorises AIB Bank, without requiring further authentication, to act upon any instruction to debit an Account, received through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking which has been transmitted using the Registration Number and PAC and all such debits shall constitute a liability of the User. Where an Account is maintained in joint names the liability of the Account Holders shall be joint and several.

9. The User shall not create an unauthorised overdraft or exceed an approved limit on an Account or otherwise act in any manner contrary to any other terms and conditions applicable to an Account or the Banking Services through the use of AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking.

10. (a) Upon receipt of instructions to effect a Bill Payment or an Inter Account Transfer the Bank will effect such transfer instructions at the debit of the Account within three Business Days of receiving such instructions.

(b) Upon receipt of instructions to effect an Intra Account Transfer the Bank will forthwith effect such transfer instructions at debit of the Account. Where the transfer is carried out on a non-business day, the transfer may not be effective for interest purposes until the Business Day next following the day on which the instructions were received.

(c) Upon receipt of instructions to effect a Top-up the Bank will forthwith effect such Top-up at the debit of the Nominated Account and will forward an electronic request to the relevant mobile phone service provider to top-up the credit available to the pre-paid mobile phone account nominated by the User.

(d) The total value of Bill Payments which may be effected through AIB 24 Hour Banking and/or AIB 24hour-online is limited in aggregate to EUR 10,000 in any Business Day or in any non-business day period (i.e. any one or more consecutive non-business days) provided however that where any such Bill Payments are effected over a non-business day period the total value of such Bill Payments shall be taken into account in determining the said EUR 10,000 aggregate limit that may be effected on the next succeeding Business Day.

(e) The total value of Inter Account Transfers which may be effected through AIB 24 Hour Banking and/or AIB 24hour-online is limited in aggregate to EUR 5,000 in any Business Day or in any non business day period (i.e. any one or more consecutive non-business days) provided however that where any such transfers are effected over a non-business day period the total value of such transfers shall be taken into account in determining the said EUR 5,000 aggregate limit that may be effected on the next succeeding Business Day.

(f) (i) The total value of Intra Account Transfers which may be effected between the Accounts of a User through AIB 24 Hour Banking and/or AIB 24hour-online in any Business Day or non-business day is limited to the amount of the available balance on the Account to be debited at the relevant time.

(f) (ii) The total value of Intra Account Transfers which may be effected to third party accounts maintained with the Bank through AIB 24 Hour Banking and/or AIB 24hour-online is limited in aggregate to EUR 5,000 in any Business Day or in any non-business day period (i.e. any one or more consecutive non-business days) provided however that where any such transfers are effected over a non-business day period the total value of such transfers shall be taken into account in determining the said EUR 5,000 aggregate limit that may be effected on the next succeeding Business Day.

(f) (iii) The total value of Top-ups which may be effected by a User on any Business Day or non-business day is EUR 220.

11. Entries in the Account in respect of Bill Payments, Intra Account Transfers and Inter Account Transfers and Top-ups shall be prima facie evidence that the transfer or debit represented thereby has been duly authorised and shall be binding on AIB Bank and the User unless and until proved to the contrary.

Information on Account Balances and Statements

12. (a) The User acknowledges that an Account balance quoted through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking is the balance at the close of business on the Business Day prior to the day of access, appropriately adjusted to accommodate any debit/credit paper or electronic (including SMS-based) transactions presented to the Bank in the meantime and accepts that as the balance so quoted may contain uncleared effects, it is liable to be adjusted in the event of non-payment of any such effects.

(b) The User also accepts that account balance information on AIB Credit Card accounts and, where relevant, accounts with AIB Finance Ltd and AIB Leasing Ltd quoted through AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking is the balance appearing on the account at close of business on the Business Day prior to the day of access.

13. The User shall carefully examine such statements of account as are received by the User from time to time from AIB Bank and report any errors or omissions to the Bank in writing within 30 days from the date of despatch of such statements. In the event that no error or omission is reported by the User within the time specified, AIB Bank shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent AIB Bank or the User subsequently adjusting the statement to correct manifest error or omission, but in that case without any claim to compensation or damages arising on account thereof.

Information on AIB Finance and Leasing and ARK Life Account Information

14. (a) The User acknowledges and accepts that account balance information on accounts with AIB Finance Ltd and AIB Leasing Ltd quoted through AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking is the balance appearing on the relevant account at close of business on the Business Day prior to the day of access and that such account information is in all cases subject to the terms and conditions of the form of authorisation completed by the User and furnished to AIB Finance and Leasing in respect of the provision of such information through AIB 24 Hour Banking, AIB 24 hour-online and AIB Text Banking.

(b) The User also accepts that the policy information in relation to ARK Life products of the User quoted through AIB 24 Hour Banking, AIB 24 hour-online and/or AIB Text Banking is in all cases information relating to the policy as at close of business on the Business day prior to the day of access and that such policy information is in all cases provided subject to the terms and conditions of the form of authorisation completed by the User and furnished to ARK Life in respect of the provision of such information through AIB 24 Hour Banking, AIB 24 hour-online and AIB Text Banking.

(c) The User shall carefully examine such statements of account as are received by the User from time to time from AIB Finance and Leasing/ARK Life and report any errors or omissions to the Bank in writing within 30 days from the date of despatch of such statements. In the event that no error or omission is reported by the User within the time specified, AIB Finance and Leasing/ARK Life shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent AIB Finance and Leasing/ARK Life or the User subsequently adjusting the statement to correct manifest error or omission, but in that case without any claim to compensation or damages arising on account thereof.

Charges/ Fees

15. (a) Subject to Clause 15 (c) the transfers and transactions effected through AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking shall be charged at the appropriate rate as specified in the AIB Bank Tariff Card. The amount of such charges will be advised to the User in writing prior to the commencement of the Agreement and will be published in the AIB Bank Tariff Card sent to the Users from time to time and otherwise available at any AIB Bank branch on request; all such charges shall conform to the scale or amounts (if any) for the time being set by statute or statutory regulations.

(b) In relation to Text Banking Services, separate mobile network charges may apply and Users are advised to refer to their mobile phone operator for further details.

(c) A transfer effected through AIB 24 Hour Banking and AIB 24hour-online at debit of an AIB Credit Card for the purpose of:

(i) Funds Transfer will be treated and charged as a cash advance transaction; and

(ii) Bill Payment will be treated and charged as a purchase transaction but where the resulting balance on the Account is credit or nil, no such charge will be applied in accordance with the AIB Credit Card terms and conditions.

Termination of the Agreement

16. (a) AIB Bank may terminate the Agreement and withdraw AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking:

(i) on giving the User at least 10 business days prior notice in writing to that effect;

(ii) forthwith upon breach by the User of any of the Conditions of Use or where there are serious grounds for doing so and the User is immediately informed;

(iii) forthwith upon the bankruptcy or other contractual incapacity of the User;

(iv) if the User has not accessed AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking in any period of 12 consecutive months.

(b) The User may terminate the Agreement at any time by giving AIB Bank not less than 10 business days prior notice in writing to that effect but without prejudice to the Userís liability for any outstanding indebtedness on the Account.

17. Notwithstanding the death or incapacity of the User all payments made by AIB Bank at the debit of the Account including the Nominated Account shall be valid and binding upon the User and the Userís Estate if made prior to the receipt by AIB Bank of written notice of such death or incapacity.

Variations of the Agreement

18. AIB Bank may alter the Conditions of Use from time to time. Any such alteration shall become effective and shall be binding upon the User 14 days after notice of such alteration has been sent to the User by any of the following means: through the post, by advertisement published in at least one national daily newspaper, or by electronic message through AIB 24hour-online. The User shall be entitled upon receiving notice of any alteration to forthwith terminate the Agreement but without prejudice to the Userís liability for any indebtedness on the Account.

Notices

19. (a) Any notice required to be given by the User to AIB Bank in connection with AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking shall be given in writing and sent through the post addressed to AIB Bank, AIB 24 Hour Banking, P.O. Box 24, Naas, Co. Kildare.

(b) Any notice required to be given by AIB Bank to the User may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by recorded message by accessing AIB 24 Hour Banking, or by electronic message through AIB 24hour-online or by SMS message through AIB Text Banking.

Use of Information and Confidentiality

20. (a) Unless indicated to the contrary by the User in the Registration Form (or by separate written communication to the Bank) the Bank shall be at liberty to use the information supplied by the User in the Registration Form and on the loan application materials for the purpose of introducing and offering to the User from time to time additional, improved or new products and services of the Bank and other companies within the AIB Group which may be of interest to the User.

(b) Subject to 20(a) above and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Central Bank of Ireland or other competent, statutory or regulatory authority, AIB Bank shall ensure that all confidential personal data of a User held by AIB Bank in relation to AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking shall only be accessible to AIB Bank, its agents or a company controlled by AIB Bank and shall be processed or used by AIB Bank, its agents or such company for purposes and in a way compatible with the discharge of AIB Bankís obligation to the User under the Agreement.

(c) The User shall ensure that all information obtained from the Bank by the User relating to the Bankís operations and systems in connection with AIB 24 Hour Banking, AIB 24hour-online and AIB Text Banking shall be treated by the User in strictest confidence and shall not be disclosed by the User to any third party.

Intellectual Property

21. (a) The Intellectual Property Rights in data or materials developed by the Bank for the purposes of providing AIB 24 hour-online and AIB Text Banking shall, or upon their creation, remain vested in the Bank. The User shall use such data and materials only for the purpose of accessing AIB 24hour-online and/or AIB Text Banking. (b) Save where otherwise specified, the contents of all pages contained in the AIB 24hour-online web site are © Allied Irish Banks, p.l.c. 1997. Reproduction of part or all of the contents of the AIB 24hour-online web pages in any form is prohibited without the prior consent of the bank, other than in accordance with the following permission: a User may print or download one copy of the contents of the AIB 24hour-online web pages for personal non-commercial use.

Data Protection

22. The Bank will comply with its obligations under the Data Protection Acts, 1988 and 2003 (as amended from time to time) as regards relevant data in its possession relating to the User and shall make available for inspection by the User any information held by the Bank about the User in accordance with the Act.

Liability for Defective Transactions

23. Subject to the Userís compliance with the Conditions of Use and provided the User has not acted fraudulently or in an extremely negligent manner, AIB Bank shall accept liability for the non-execution or defective execution of a Funds Transfer effected through AIB 24 Hour Banking and/or AIB 24hour-online but limited to the amount of the unexecuted or defectively executed Funds Transfer.

Roaming

24. Whether or not a User who has registered with AIB Text Banking will be entitled to use Text Banking Services outside the Republic of Ireland will depend on the service provided by the relevant mobile phone operator and the User hereby acknowledges and accepts that separate charges may be applied by the mobile phone operator in respect of such services being made available to/from outside the Republic of Ireland. Users are advised to refer to their mobile phone operator for further details.

Temporary Withdrawal of Service

25. (a) In the event of breakdown or malfunction of any system provided in connection with AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking or where security so demands, AIB Bank shall be entitled without incurring any liability to the User to temporarily suspend the relevant AIB 24 Hour Banking, AIB 24hour-online and/or AIB Text Banking service for such reasonable period as may be required to remedy the defect or resolve the security risk.

(b) Force Majeure: The Bank shall not be in breach of its obligations under these Terms and Conditions if there is any total or partial failure of performance of the Bankís duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of SMS messages via any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond the Bankís control.

Security

26. The User accepts that electronic communications via the internet or communications via SMS-based telecommunications media may not be secure and may be intercepted by unauthorised persons or delivered incorrectly. In consequence the Bank cannot guarantee the privacy or confidentiality of electronic mail passing over the internet or SMS messages passing over mobile phone networks.

Help Desk

27. The User shall contact the Bank at the AIB 24hour-online Help Desk at 1890 242000 (24 hours a day) in the event that the User requires urgent assistance in resolving difficulties encountered in relation to AIB 24hour-online or AIB Text Banking and/or information generally in relation to AIB 24hour-online or AIB Text Banking.

Governing Law

28. This Agreement including the Conditions of Use is governed by and will be construed with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection therewith.