1.1 These Conditions are supplemental to and should be read in conjunction with our Account Conditions and both shall apply to your Account. Should there be a conflict between these Conditions and the Account Conditions, these Conditions shall prevail.
1.2 In particular and without prejudice to the generality of the application of the Account Conditions, the Account Conditions contain information and provisions relating to:
1.2.1 the information and Unique Identifiers you must supply to us in order for a payment to be properly executed;
1.2.2 execution timeframes;
1.2.3 liability in respect of unauthorised, non-executed and incorrectly executed payment instructions;
1.2.4 interest and exchange rates;
1.2.5 variation of the Agreement;
1.2.6 the manner in and frequency with which we will communicate with you; and
1.2.7 the language we will use to communicate with you.
1.3 In these Conditions where the context so allows, reference to any gender includes all genders and the singular includes the plural and vice versa.
1.4 In these Conditions any reference to any statute, statutory provision or to any order or regulation shall be construed as a reference to that statute, provision, order or regulation as extended, modified, amended, replaced or re-enacted from time to time and all statutory instruments, regulations and orders from time to time made thereunder or deriving validity therefrom.
1.5 In these Conditions headings are for convenience only and are not to be taken into account when interpreting these Conditions.
1.6 Copies of these Conditions and all other documents that constitute the Agreement may be obtained from your branch. These Conditions and certain other documents that constitute the Agreement are also online at www.aib.ie.
1.7 When you use any of the Banking Services you are deemed to have accepted these Conditions.
2 Availability and Security
2.1 AIB Phone & Internet Banking, through which Banking Services are made available, is, subject to Condition 2.2, only provided to you by us in respect of Accounts in Ireland.
2.2 AIB Phone & Internet Banking (including the Banking Services delivered through it) and each Security Device (if applicable) must be used by you strictly in accordance with the Agreement.
2.3.1 The Registration Number and PAC (and Code Card or Card Reader, if requested) will be provided by us directly to you. You must not disclose any details of or any Security Device, whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider).
2.3.2 Should you know or think it possible that the Registration Number, PAC and/or Passcode has become known to any other person you shall immediately effect a change to the PAC through AIB Phone Banking and/or a change to the Passcode through the Me2U Service.
2.3.3 Should you know or think it possible that the Code Card or details on it has/have been disclosed to any other person (other than us) you shall immediately effect a cancellation of the Code Card by contacting our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions).
2.3.4 The Card Reader identifies you by means of your AIB Debit Card and as such a Card Reader can be shared by Users. The Card Reader is used with any AIB Debit Card issued to you in conjunction with AIB Phone & Internet Banking for authentication purposes and to avail of Banking Services. Should you know or think it possible that details of your AIB Debit Card and PIN has/have been disclosed to any other person (other than us) you shall immediately effect a cancellation of the AIB Debit Card as advised in your AIB Debit Card Account Conditions.
2.3.5 You shall disconnect and exit the Website, the Mobile Website and/or any AIB App when not availing of the Banking Services on such site or application.
2.3.6 You should immediately delete any SMS Message sent or received by you in connection with AIB Top-Up Services or Me2U Service which contains reference(s) to or details of any Security Device.
2.3.7 You must notify us without undue delay on becoming aware of the loss, theft or misappropriation of any Security Device or their unauthorised use by contacting our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions). If there has been undue delay on your part in contacting us we may not be able to compensate you for any loss you may have suffered. We will normally consider that there has been undue delay on your part if you fail to notify us within 30 days after receipt by you of a statement or payment advice detailing the relevant debit to your Account or where a statement or payment advice is not issued to you, within 30 days of the relevant information being made available to you through our Banking Services. In any event a failure to notify us within 13 months of the payment being debited to your Account will always amount to undue delay.
The equipment necessary for you to access AIB Phone & Internet Banking and replacement batteries for your Card Reader (if required) and replacement Card Reader (if applicable) shall be provided by you and be maintained by and at your expense and we may change the requirements for such equipment from time to time.
You undertake to us to comply strictly with the Agreement. You acknowledge that your compliance with the Agreement is designed to minimise the risk of unauthorised use of AIB Phone & Internet Banking. Except as set out elsewhere within these Conditions, you agree to indemnify us in full in respect of any loss or damages which may arise to AIB, you or any third party as a consequence of your non-compliance with the Agreement.
5 Payments from your Account
5.1 We shall be entitled, but not obliged, to record all communications from, or instructions given by you to us, or messages sent by us to you through AIB Phone & Internet Banking.
5.2 You authorise us to act upon any instruction to debit an Account received through AIB Phone & Internet Banking which has been transmitted using all or part of any Security Device and/or any other authentication process which we may require to be used in connection with AIB Phone & Internet Banking without requiring us to make any further authentication or enquiry, and all such debits shall constitute a liability of yours. Where your Account is maintained in joint names the liability of the Account Holders shall be joint and several.
5.3 When a transaction is authorised by use of a Security Device and/or any other authentication process, the use of such authentication process will be regarded as conclusive evidence that the transaction was authorised by the User. We will be deemed to have received the transaction on the Business Day that it is authorised subject to applicable cut-off times. The applicable cut-off times are available on AIB Internet Banking or through our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions).
5.4 Entries in an Account in respect of Bill Payments, Money Transfers, Me2U Payments and Top-Ups shall be prima facie evidence that the transfer or debit represented thereby has been duly authorised and shall be binding on us and you unless and until proved to the contrary.
5.5 We may refuse to execute a transaction if:
5.5.1 you have not authorised the transaction in accordance with Condition 5.2;
5.5.2 we are prevented from following the instruction by any law or regulation or other circumstances beyond our reasonable control;
5.5.3 you do not have sufficient cleared and available funds in your Account to meet the instruction concerned and all applicable charges;
5.5.4 you have not provided us with all the information or you have not followed all the instructions we have given to you to enable us to execute the transaction; or
5.5.5 any of the circumstances specified in Condition 13.1 occur.
If we do not accept a payment instruction in respect of a payment that is subject to the PSD we will notify you of this within the execution timeframes set out or referred to in these Conditions, and if possible we will also notify you of the reasons for not accepting the payment instruction, unless restricted by law or regulation from doing so.
5.6.1 You shall ensure that all instructions given by you to us through AIB Phone & Internet Banking are accurate and complete, and that, where appropriate, you correctly identify the Account/account (including any Unique Identifier required) to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you sent through AIB Phone & Internet Banking is the instruction which you intend to give. We are not responsible for any delay or error which arises from incomplete, unclear, inconsistent or mistaken instructions which you give us or by us accepting. Where you give us inconsistent instructions (for example, where the receiving bank's NSC or BIC and its name and address details do not match) we shall not be liable for acting in accordance with any part of those instructions. We are entitled to rely on any instruction from you using AIB Phone & Internet Banking, and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you. We shall not be liable for any delay or error which arises from incomplete, unclear, inconsistent and/or mistaken instructions which you give to us.
5.6.2 Once accepted by us for execution a payment instruction is irrevocable. However, if you wish to amend or cancel an instruction that you have given to us, we will, provided you give the instruction to make such amendment or cancellation in such form as we may prescribe, use our reasonable endeavours to make such amendment or cancellation if it is possible for us to do so. Any amendment or cancellation should be given to your branch in writing, by telephone or in such other form as we may prescribe. You will be liable for any additional fees or expenses or exchange losses which arise out of any such amendment or cancellation, or any payment investigation initiated at your request.
5.6.3 We are authorised to provide you with account balance information in respect of all accounts currently or at any future time opened in your name with any AIB Group member where we have agreed to do so and you give instructions to us through AIB Phone & Internet Banking.
5.6.4 We are authorised to provide to you any or all of the Banking Services which may be accessed and availed of through AIB Phone & Internet Banking in accordance with your instructions given to us through AIB Phone & Internet Banking.
5.7 You shall not create an unauthorised overdraft, exceed an approved limit on an Account or otherwise act in any manner contrary to any other Account Conditions and/or the Banking Services through the use of AIB Phone & Internet Banking.
5.8 When using the Banking Services we and you agree that both of us will not attempt to rely on any Account Conditions if to do so would be an attempt to repudiate the validity of your instructions relating to the Banking Services or the communications regarding the instructions sent to you by us.
5.9 We may, but shall not be obliged to, operate from time to time such security procedures as we consider appropriate including making call backs to you. We reserve the right to delay or not permit a payment where we are suspicious that the security of the payment may be compromised or that it is unauthorised or fraudulent. We shall not be liable for any delay or failure in making any payment as a result of such procedures.
6 Me2U Service
6.1 If you wish to utilise the Me2U Service, you must register for the service through AIB Internet Banking (by accessing the Website), which involves following the Registration Process and downloading the relevant AIB App. However, before you can register for the Me2U Service, you must already: i) have a Registration Number and PAC; ii) hold a valid personal AIB Visa Credit Card or AIB Debit Card; and iii) have a valid email address and mobile phone number.
6.2 Once you have registered for the Me2U Service, you can:
6.2.1 receive a payment through the Me2U Service (or a similar service provided by a third party in conjunction with Visa Europe) to any AIB Debit Card or AIB Visa Credit Card registered ; and/or
6.2.2 make a Me2U Payment to any Eligible Card by logging into the relevant AIB App and following the onscreen instructions (which include entering the amount you wish to transfer, selecting the mobile phone number or entering the sixteen digit visa card number of the Eligible Card and entering your Passcode).
6.3 If you wish to check the status of any Me2U Payment, you may do so by logging into the relevant AIB App.
6.4 If you wish to cancel the Me2U Service, you may do so at any time on AIB Internet Banking (by accessing the Website).
7 The application of foreign exchange rates to transactions.
7.1 Any payment on your Account in a currency other than the currency in which your Account is denominated, will require a currency conversion using a foreign exchange rate. For details of the applicable rates and procedures please see your Account Conditions.
7.2 Payments submitted on a non-Business Day or prior to the start of a Business Day, will be processed at the standard exchange rate applicable on the previous Business Day.
7.3 For the avoidance of doubt, the exchange rate applicable to the specific foreign currency of an International Payment made through this service will always be the exchange rate displayed on the payment confirmation screen.
8 Time periods for payments and payment limits
8.1 Our ability to execute a payment instruction within the applicable maximum execution time is dependent on our receiving the relevant instruction before the applicable cut-off times. The applicable cut-off times are available on AIB Internet Banking or through our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions). Any payment instructions in respect of the Accounts issued by you via the Banking Services must be received by us before the relevant cut off time, in order to be dealt with by us on that Business Day. Any payment instructions in respect of the Accounts issued via the Banking Services received by us after the relevant cut off time or on a non-Business Day will, subject to our acceptance of such instruction for execution, be dealt with on the next Business Day unless you are otherwise notified through the Banking Services. We are not responsible for any delay in the processing of International Payment instructions where the date of receipt of payment in the recipient jurisdiction is not a business day in that jurisdiction or in the jurisdiction of the payment currency.
8.2 Where you wish to make a payment by a particular deadline, you should allow additional time to that set out above for the payee's bank to process and apply the payment to the payee's account.
8.3 Details of the applicable execution timeframes are available in the Account Conditions, on AIB Internet Banking or through our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions).
8.4 Upon receipt of a proper and complete request from you for a Top-Up, AIB will debit the Nominated Account within a matter of minutes subject to mobile service provider availability and forward an electronic request to the relevant mobile network operator to provide a credit of the amount transferred for the benefit of the pre-paid mobile phone number nominated by you.
8.5 Details of the daily transactional limits in relation to the Banking Services and the maximum aggregate amount which you may transfer using the Banking Services (whether by Bill Payments, Money Transfers, Top-Ups and/or otherwise) during any Business Day are available on the Website or through our customer service helpline (our contact details are set out in the "Contacting us" section of these Conditions).
8.6 Upon successful authorisation of a Me2U Payment to an Eligible Card that is registered for the Me2U Service or a similar service provided by a third party in conjunction with Visa Europe, we will reduce the available balance on your nominated Card Account and transfer the credit to the payees nominated Eligible Card on the same Business Day
8.7 Upon successful authorisation of a Me2U payment to an Eligible Card that is not registered for the Me2U Service:
8.7.1 you will be provided with a claim code for the Me2U Payment, which you must provide to the payee (the 'Claim Code'). For security reasons, the Claim Code should not be sent to the payee via SMS Message;
8.7.2 the payee will receive an SMS Message, which a) advises them that you wish to send them a Me2U Payment and b) provides them with a unique link to the Visa Europe collections website. The payee must then go to the unique link within 7 days and follow the onscreen instructions to effect the transfer (which includes entering the Claim Code and their Eligible Card details). Once the payee has correctly completed this process, we will reduce the available balance on your nominated AIB Debit Card or AIB Visa Credit Card Account and transfer the credit to the payees nominated Eligible Card on the same Business Day; and
8.7.3 A reminder SMS Message will be sent to the payee if they have not collected the Me2U Payment after 72 hours. If the payee fails to collect the Me2U Payment within 7 days, the unique link provided will expire and a further SMS Message will be sent to the payee advising them that the Me2U Payment has been cancelled; and
8.7.4 Please note that the above SMS Messages sent in connection with a Me2U Payment are automatically generated by Visa Europe. However, they are sent using your mobile phone number and therefore, the payee will receive these SMS Messages from your mobile phone number.
9 Our liability to you
9.1 To the extent permitted by law, and notwithstanding anything to the contrary herein, we shall not be liable for, and shall be indemnified in full by you against, any loss, damage or other liability that you or we may suffer arising out of or in connection with any payment from, or payment or intended payment to, your Account unless such loss, damage or liability is caused by our fraud, wilful default or gross negligence. In no circumstances will we be liable for any increased costs or expenses, or for any loss of profit, business, contracts, revenues or anticipated savings or for any special, indirect or consequential damage of any nature whatever.
9.2 We will have no liability to you for any loss suffered by you where you:
9.2.1 have acted fraudulently;
9.2.2 have intentionally or because of your gross negligence not used or failed to keep safe any Security Device in accordance with these Conditions or the terms and conditions applicable to it ; and/or
9.2.3 have intentionally or because of your gross negligence failed to notify us of any loss theft or misappropriation of any Security Device without undue delay (as defined at Condition 2.3.7).
9.3 We may use intermediary or agent banks and clearing and settlement systems of our choice to execute any payment. Where we provide you with services which are not subject to the Payments Services Directive we shall not be liable to you for any delay or failure caused by any intermediary or agent bank or any clearing or settlement system.
9.4 We are not liable for any loss or damage arising from any refusal to carry out any instruction for a payment from your Account where we are entitled to do so in accordance with these Conditions or by law, or for any loss or damage you may suffer as a result of the way in which any such refusal is communicated to you or to others.
9.5 Notwithstanding any other provision in the Conditions, we may take whatever action we consider appropriate to meet our obligations, either in Ireland or elsewhere in the world, relating to the prevention of fraud, money laundering or terrorism and to the provision of financial and other services to persons who may be subject to sanctions. This action may include, but is not limited to, investigating and intercepting payments into and out of the Account and making enquiries to establish whether a person is subject to sanctions. This may result in a delay or failure to execute instructions received or in the receipt of cleared funds. You acknowledge and agree that, to the extent permitted by law, we shall not be liable for any loss, damage or other liability suffered by you or any third party which arises as a result of taking such action.
10 Information on Account Balances and Statements
10.1 You acknowledge that any Account balance quoted through AIB Phone & Internet Banking is the balance at the relevant close of business for that Account on the Business Day prior to the day of the quotation and that the balance may not be appropriately adjusted to include any debit or credit (whether paper or electronic (including via SMS Message) transactions processed or issued since the close of business. You accept that, as the Account balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions and may not be fully up to date.
10.2 You shall carefully examine any account information (including Account statements and balances) received by you, or any other information provided by us to you, through the Banking Services from time to time and shall report any errors or omissions to us in writing without undue delay as required in the Account Conditions. Nothing herein will prevent us or you subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.
11 Information on Allied Irish Banks, p.l.c., AIB Leasing Limited (both trading as AIB Finance & Leasing) ArkLife Account Information and Irish Life Account Information
11.1 For the purposes of this Condition 11 Allied Irish Banks, p.l.c. and AIB Leasing Limited shall be collectively referred to as 'AIB Finance & Leasing'.
11.2 You acknowledge and accept that account balance information on accounts with AIB Finance & Leasing quoted through AIB Phone & Internet Banking is in all cases subject to the terms and conditions of the form or authorisation completed by you and furnished to AIB Finance & Leasing in respect of the provision of such information through AIB Phone & Internet Banking.
11.3 You acknowledge and accept that the policy information in relation to your Ark Life and/or Irish Life products quoted through AIB Phone & Internet Banking is in all cases information relating to the policy as at close of business on the Business Day prior to the day of quotation and that such policy information is in all cases provided subject to the terms and conditions of the form of authorisation completed by you and furnished to Ark Life and/or Irish Life in respect of the provision of such information through AIB Phone & Internet Banking.
11.4 You shall carefully examine AIB Finance & Leasing, and/or Ark Life account information and/or Irish Life account information received by you from time to time and shall report any errors or omissions to AIB Finance & Leasing and/or Ark Life and/or Irish Life, as appropriate, in writing within 30 days from the date of despatch of such account information. In the event that no error or omission is reported by you within the time specified, AIB Finance & Leasing and/or Ark Life and/or Irish Life shall be entitled to rely on the conclusiveness of the relevant account information as respects further transactions, provided that nothing herein will prevent AIB Finance & Leasing and/or Ark Life and/or Irish Life or you subsequently adjusting the account information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.
12.1 Subject to Condition 12.4, where a fee is applicable to any of the Banking Services provided through AIB Phone & Internet Banking that fee shall be charged at the appropriate rate specified in the Fees Booklets.
12.2 Subject to notifying the relevant authority where applicable, we may from time to time alter such fees and charges and introduce new fees and charges. Such variation will be notified to you in accordance with Condition 14.
12.3 In relation to any SMS Message(s) sent by us (at our absolute discretion) in connection with the Banking Services (the "Text Banking Services"), separate mobile network charges may apply and you are advised to refer to the mobile network operator that you are using, for further details relating to the cost of sending or receiving SMS Messages. You acknowledge and agree that, while we shall endeavour to make the Text Banking Services available to you, in the event of the Text Banking Services being unavailable you may still be charged for SMS Messages sent by you for the purposes of requesting or using the Text Banking Services. You are also responsible for any third party costs which may apply in relation to the means used by you to access AIB Phone & Internet Banking.
12.4 A transfer effected through AIB Phone Banking and/or AIB Internet Banking, which debits an AIB Credit Card Account for the purpose of:
12.4.1an Intra Account Transfer or an Inter Account Transfer will be treated and charged by us as a cash advance transaction under the terms and conditions of the AIB Credit Card Account to which the Intra Account Transfer or the Inter Account Transfer relates; and
12.4.2 a Bill Payment will be treated and charged by us as a purchase transaction under the terms and conditions of the AIB Credit Card Account to which the Bill Payment relates except where the resulting balance on the AIB Credit Card Account is credit or nil in which case no such charge will be applied, in accordance with the AIB Credit Card terms and conditions.
13 Termination of the Agreement
13.1 We may immediately terminate the Agreement and withdraw any Banking Services without notice:
13.1.1 if you become bankrupt or go into liquidation or if you enter into a voluntary arrangement with your creditors;
13.1.2 if you cease trading;
13.1.3 if you are no longer, in our opinion, able to manage your financial affairs;
13.1.4 if you die;
13.1.5 if you have not accessed AIB Phone & Internet Banking in any period of 12 consecutive months;
13.1.6 if any representation, warranty or statement made by you to us is or becomes untrue in any material respect;
13.1.7 if we must do so in order to comply with any law;
13.1.8 if we reasonably believe that any of the Banking Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness;
13.1.9 if you use your Account for any unlawful or other inappropriate purposes; or
13.1.10 if for any reason the Agreement becomes unenforceable or void.
If we take such action we will immediately give you notice in writing that we have done so.
13.2 The Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. We may terminate the Agreement on giving two months prior notice in writing to you. You may terminate the Agreement at any time by giving us not less than 20 Business Days prior written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
13.3 Notwithstanding your death or incapacity all payments made by us at the debit of any Account, including the Nominated Account, shall be valid and binding upon you and your estate or legal representative if made prior to the receipt by us of written notice of such death or incapacity.
13.4 We reserve the right to process or cancel any transactions in progress on termination of the Agreement or on suspension or withdrawal of any of the Banking Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Banking Services after termination of the Agreement or after any suspension or withdrawal of any of the Banking Services.
13.5 Any termination of the Agreement and/or any of the Banking Services is without prejudice to your continued liability for any outstanding indebtedness. In this regard any amounts for which you are liable on the date of termination shall become immediately payable on that date subject to any right of refund pursuant to the Payment Services Directive.
14 Variation of the Agreement
These Conditions can be amended in the same manner as the Account Conditions.
15.1 Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of the Agreement shall be given in writing and sent through the post addressed to AIB, AIB Phone Banking, P.O. Box 24, Naas, Co. Kildare.
15.2 Save where expressly provided, any notice required to be given by AIB to you in connection with the subject matter of the Agreement 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 Phone Banking, by electronic message through AIB Internet Banking (including through the Secure Message Centre), by SMS Message through AIB Top-Up Services or through our website or by means of another durable medium or by any other means required or permitted by law, with details of the alteration or the altered Conditions.
In the event that you wish to make a complaint you may do so by writing directly to your branch or by contacting our customer services helpline. Our contact details are set out in the "Contacting us" section of these Conditions. If you are still not satisfied and you come within the jurisdiction of the Financial Services Ombudsman, you are entitled to take your complaint to the Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Where you do not come within the jurisdiction of the Financial Services Ombudsman, for example, if you are a limited company with a turnover of more than EUR3 million, you may take your complaint to the Central Bank of Ireland, PO Box 9138, College Green, Dublin 2. Further details of our complaints procedures are set out in our complaints brochures.
17 Use of Information and Confidentiality
17.1 Subject to the terms of the Privacy and Security Policy, 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, we shall ensure that all your confidential personal data held by us in relation to AIB Phone & Internet Banking shall only be accessible to AIB Group, its or their agents or a company controlled by us (or by Ark Life as applicable) and shall be processed or used by them for purposes and in a way compatible with the discharge of our obligations to you under the Agreement.
17.2 You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with the Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.
18 Intellectual Property
18.1 The intellectual property rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Banking Services or performing our obligations under the Agreement shall remain vested, or upon their creation vest, in us or our licensors.
18.2 The copyright and all other rights in any software or firmware in devices provided by us and in any user guides or other information provided to you, remains owned by us or by the person who licenses it to us (if applicable). You must use any software, firmware or devices provided by us exclusively in connection with this Agreement and for the purpose of receiving the Banking Services as contemplated by the Agreement and as described in any user guide or other information we provide to you. You will obtain no rights, title or interest in any such materials or intellectual property rights relating to them.
18.3 Without prejudice to the generality of Condition 18.2, you must use any AIB App in accordance with the terms and conditions of the licence under which it can be downloaded from the relevant software application distributor.
18.4 Save where otherwise specified, the intellectual property rights and contents of the Website, the Mobile Website and any AIB App are owned by us or our licensors. Reproduction of part or all of the contents of the Website, the Mobile Website and/or any AIB App in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the Website and/or the Mobile Website for personal non-commercial use.
19 Data Protection
19.1 We will comply with our obligations under the Data Protection Acts, 1988 and 2003 as regards relevant data in our possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those Acts. The Privacy and Security Policy published on the Website from time to time shall apply to the use of personal data relating to you and shall form part of the Agreement.
19.2 You agree that we may hold and process information about you for the purposes of providing International Payment services and/or the Me2U Service and can disclose such information to any other third parties or agents involved directly or indirectly in the provision of such services.
19.3 International Payments are currently made by us via the Belgium based Society for Worldwide Interbank Financial Telecommunications (SWIFT). SWIFT processes payments on behalf of financial institutions worldwide and is currently the only organisation providing such a service. All transactions processed in Belgium are replicated in a back-up system ('mirror site') in the United States of America (US). Maintaining a geographically separated back-up infrastructure to ensure continued operation is in line with international standards and supervisory requirements. On foot of official subpeona(s), transaction data held in the US 'mirror site' may be disclosed to US or other authorities for the purposes of combating terrorism and other serious crimes. Therefore, any information you provide to us in order to effect a payment instruction could potentially be disclosed to the US authorities, and by instructing us to make a payment, you are implicitly giving your consent to such a disclosure. We reserve the right to amend this notice at any time. You should regularly check for any amendments.
If you use AIB Top-Up Services and/or AIB Internet Banking:
20.1 whether or not you will be entitled to avail of any Banking Services outside of Ireland which require you and/or us to send any SMS Message(s) will depend on the service provided by the relevant mobile network operator;
20.2 you hereby acknowledge and accept that specific, separate charges may be charged by the mobile network operator where you use AIB Top-Up Services and/or AIB Internet Banking outside of Ireland; and
20.3 you are advised to refer to your mobile network operator for further details and for details of charges which apply to the sending and/or receiving of SMS Messages and/or to the transmission or receipt of data via AIB Internet Banking.
21 Temporary Withdrawal of Service
21.1 In the event of a breakdown, fault or malfunction of, or connection to, any system used in connection with AIB Phone & Internet Banking, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Banking Services or access to AIB Phone & Internet Banking for such reasonable period as may be required to remedy, address or resolve the system issue.
21.2 We shall not be in breach of our obligations under the Agreement, nor liable for any loss, damage or other liability suffered by you or any other person, if there is a delay in, or any total or partial failure of, performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, act of terrorism, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system or any other computer system, failure of or delay in the transmission of SMS Messages via any mobile phone network or failure of any other telecommunications 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 acts or omissions of our agents or third parties, or any other reason (whether or not similar in kind to any of the above) beyond our control.
22 Security, Maintenance and Availability
22.1 You accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place security measures to protect these methods of communications.
22.2 From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:
22.2.1 make certain or all of the Banking Services unavailable to you; and/or
22.2.2 delay implementation of any new Banking Services; and/or
22.2.3 withdraw, replace or reissue any Security Device, AIB Debit Card and/or any other authorisation process; and/or
22.2.4 change authentication procedures or processes for accessing AIB Phone & Internet Banking and while we will use reasonable endeavours to minimise any inconvenience caused to you, you accept that these events may occur and that we have no liability to it in the event of this happening. Where we changes authentication procedures for accessing AIB Phone & Internet Banking then, notwithstanding Condition 14 we may introduce these procedures by giving instructions to you via the AIB Phone & Internet Banking system in respect of which such procedures are being introduced.
22.3 You acknowledge that the Banking Services may not be available during the period from 03.00 to 07.00 hours Irish Standard Time.
You agree that you have entered into the Agreement for your own benefit and not for the benefit of another person, and may not subcontract or assign any of your rights or obligations under the Agreement. You acknowledge that AIB enters into the Agreement for itself and as agent for any member of the AIB Group where that member of the AIB Group has an agreement with you in respect of a product or service to which the Banking Services that are provided to you apply.
If, at any time, any provision of the Agreement (or any part of a provision of the Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of the Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver by us of a breach or default of any of the provisions of the Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.
26 Contacting us
At the date of issue of these Conditions our contact details are as set out below. These may change from time to time and up to date details can be found online at www.aib.ie.
Our address is:
AIB, AIB Phone Banking,
P.O. Box 24,
AIB Phone & Internet Banking: You may contact our customer service helpline on 0818 724 724 or if you are calling from abroad on + 353 (0)818 724 724 or +353 (0) 1 771 24 24.
AIB Internet Banking Helpdesk: You may also contact our AIB Internet Banking Help Desk at 1890 24 20 00 (24 hours a day) in the event that you require urgent assistance in resolving a difficulty encountered in relation to AIB Internet Banking and/or information generally in relation to AIB Internet Banking. You can also visit our website for information on www.aib.ie/internetbanking
27 Contacting you
Subject to applicable law we may contact you by post, fax, phone, online or email or in person.
28 Business Users
28.1 If and to the extent that you use AIB Phone & Internet Banking for the purpose of your business, trade or profession, or in any manner otherwise than as a Consumer, the Agreement shall take effect as two separate agreements, of which one shall govern your use of AIB Phone & Internet Banking as a Consumer, and shall be deemed to be a contract made by you dealing as a Consumer (the 'Consumer Contract'), and the other shall govern your use of AIB Phone & Internet Banking otherwise than as a Consumer, and shall be deemed to be a contract made by you dealing otherwise than as a Consumer (the 'Business Contract').
28.2 The following provisions of this Condition 28.2 shall form part of the Business Contract:
28.2.1 Without prejudice to any other exclusion or limitation on liability under the Agreement, and notwithstanding any other provision of the Agreement, to the extent permitted by law, we shall not be liable for any loss suffered by you in connection with the Agreement except to the extent directly attributable to our fraud or negligence.
28.2.2 You acknowledge and agree that we shall not be liable for any loss which arises as a result of:
(a) the non-availability, non-functioning or malfunctioning of AIB Phone & Internet Banking;
(b) any corruption of data, any breakdown, interruption or errors caused to your software or hardware as a result of using AIB Phone & Internet Banking;
(c) any action or inaction taken by or against us as a result of any action of a government authority, a legal order or legal proceedings, relating to you, the Accounts or your use of AIB Phone & Internet Banking;
(d) any failure by you to use AIB Phone & Internet Banking in accordance with the Agreement or your misuse or abuse of AIB Phone & Internet Banking;
(e) our failure to act in accordance with any instruction from you where there are insufficient funds in the relevant Account to effect a transaction or if the transaction, if effected, would result in any applicable limits being exceeded;
(f) any act, delay or error by a third party, including another financial institution, including failure by a third party to accept, or acknowledge receipt of, funds, or for any delay by us in advising you, and/or crediting your Account, if an instruction is not successfully processed by a third party;
(g) reliance upon any information received through AIB Phone & Internet Banking; or
(h)disclosure of information to unauthorised persons as a result of the transmission of such information through the Internet;
28.2.3 You agree that under no circumstance shall we be liable for any increased costs or expenses, or for any loss of profit, business, contracts, revenues or anticipated savings or for any special, indirect or consequential damage of any nature whatever indirect, special, incidental or consequential loss (including any suffered by you as a result of an action brought by a third party) even if that loss was reasonably foreseeable, or even if we had been advised of the possibility of the loss being incurred.
28.2.4 You indemnify and agree to keep us indemnified against all loss suffered or incurred by us and all claims made against us in relation to the Agreement provided that we will not be entitled to rely on this indemnity in respect of any loss or claim attributable solely to the our fraud or negligence. For the avoidance of doubt, in the case where any Account is held with a our subsidiary or our associated company, such subsidiary or associated company shall be entitled to the benefits of this indemnity.
28.2.5 We do not make any representations or warranties to you concerning AIB Phone & Internet Banking, and we exclude any representations, warranties, terms and conditions, whether express or implied and whether statutory or otherwise to the fullest extent permitted by applicable law in connection with AIB Phone & Internet Banking.
28.3 For the avoidance of doubt, the provisions of Condition 28.2 shall not form a part of the Consumer Contract, and nothing in Condition 28.2 shall in any way affect the interpretation of any provision of the Consumer Contract. The Business Contract and the Consumer Contract shall be interpreted and applied as separate and distinct contracts, and neither shall be interpreted by reference to the other.
28.4 Nothing in the Agreement shall affect any of your statutory rights under or in relation to the Consumer Contract, except to the extent permitted by law.
29 Governing Law
The Agreement is governed by the laws of Ireland and for our benefit you submit to the Irish Courts with respect to any dispute arising out of or in connection with the Agreement.