Current Account Terms and Conditions Introduction Welcome to your Duncan Lawrie Current Account. These terms and conditions, together with your Application Form, the Account Fact Sheet and the Mandate Form, and any other documents sent to you in connection with your Account, set out the basis on which we will provide you with bank account services, and form the agreement between you and us. We recommend that you keep a copy of these terms and conditions for your records. Further copies of these terms and conditions are available on request. These terms and conditions are set out in three separate sections. l Part A explains some of the basic information about how your Duncan Lawrie Current Account works and the services Duncan Lawrie provides, as well as explaining some of the terminology we use. l Part B contains information which is specific to the operation of your Current Account. l Part C provides you with more general information about how we will use your personal information and the other terms and conditions that are applicable to the agreement between you and us. Please contact your Private Banker if you have any questions about anything in this document, about the agreement or about the services we provide you.
Contents Part A 4 1. Definitions 4 2. About us 5 3. Opening your account 5 4. Keeping your account secure 6 5. Joint accounts 6 6. Set off 6 7. Tax 6 8. Variation - General 6 Part B 7 1. Additional definitions 7 2. Cancellation 7 3. Changes to the terms of your account 7 4. Interest 7 5. Cheques and Duncan Lawrie Card 7 6. Deposits 7 7. Instructions 8 8. Payments from your account 9 9. Foreign currency 10 10. Our liability 10 11. Execution time and value date of funds 10 12. Revoking a payment 11 13. Overdrafts 11 14. Statements 12 15. Suspension of your account 12 16. Closing your account 12 Part C 13 1. Bankers references 13 2. Dormant accounts 13 3. Confidentiality and data protection 13 4. General conditions 14 3
Part A 1. definitions 1.1 In these terms and conditions we use certain words and expressions which have specific meanings in this document, as set out below. With the exception of the words referring to Duncan Lawrie Limited and you, our customer, these will appear in capital letters when used in these terms and conditions, to make it easier for you to see these references. If words and expressions are defined below in the plural form, they will have the same meaning when used in the singular form, and vice versa. we, us, our, Duncan Lawrie means Duncan Lawrie Limited, as provider of the Account and the Account Services; you, your refers to you, the customer and includes a reference to any joint holder of an Account; Account has the meaning given in Part B of these Terms; Account Fact Sheet means the document setting out the features, conditions (including any charges) and the benefits of the Account; Private Banker means your client relationship manager; Rate Sheet means the list of rates and charges applicable to Duncan Lawrie bank accounts, including the Account, as published by us from time to time on our Website; SWIFT means the Society for Worldwide Interbank Financial Telecommunication; Terms means these terms and conditions together with the Rate Sheet and any additional terms and conditions that may apply to our services, as such terms and conditions may be varied, amended, modified, or supplemented from time to time; UK means the United Kingdom; Website means our website at www.duncanlawrie.com 1.2 All references to time are to the time in London. Account Services means the Account facilities that we may provide to you from time to time, subject to these Terms; Application Form means the form used by you to provide your details to us at the time of application to open the Account; BACS means the Bankers Automated Clearing System; Business Day means between 09:00 to 17:00 on a day (other than Saturday or Sunday) on which banks are open for general business in London; CHAPS means the Clearing House Automated Payment Systems; Duncan Lawrie Private Banking Group means Duncan Lawrie Private Banking, a trading name of Duncan Lawrie Holdings Limited and its subsidiaries, which is represented in the UK by Duncan Lawrie Limited and Duncan Lawrie Asset Management Limited and in the Isle of Man by Duncan Lawrie (IOM) Limited and by Duncan Lawrie Offshore Service Limited; EEA means the EU plus Norway, Iceland and Liechtenstein; Effective Date means the date notified by us to you that you have been accepted as a customer on the basis of these Terms; EU means the European Union; Faster Payment System means the UK banking scheme that enables financial institutions to make low value payments to an account on a near real-time or same-day basis; FCA means the Financial Conduct Authority or any successor organisation; HMRC means Her Majesty s Revenue and Customs or any successor governmental body; Mandate Form means the form that contains your instructions to us including on how the Account shall be operated, and how we and you will communicate with each other in relation to the Account; PRA means the Prudential Regulation Authority or any successor organisation; 4
2. about us 2.1 Duncan Lawrie Limited 2.1.1 We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority with firm reference number 116297. 2.1.2 Duncan Lawrie Limited is registered in England under company number 998511. Our registered office is at 1 Hobart Place, London SW1W 0HU with telephone number 020 7245 1234. Further information about us is available on our Website. 2.1.3 Our business hours are 9:00 to 17:00 Monday to Friday, excluding bank holidays. 2.2 Treating Customers Fairly 2.2.1 We adopt a responsible attitude towards the operation of your Account. We will act promptly, efficiently and fairly with you having due regard to any communications or financial promotions made by us from time to time. 2.2.2 We will be open and clear in our dealings with you, will ensure that complaints are resolved quickly and will not take advantage of situations where the principles of fairness could be compromised. 2.2.3 We will endeavour to ensure that all product information is clear and unambiguous and to exercise our judgement in applying these Terms to your Account. 2.3 Complaints 2.3.1 If for any reason you have a complaint or concern concerning your Account, please contact the Compliance Officer at our registered office: 1 Hobart Place, London SW1W 0HU; or by telephoning 020 7245 1234 between 09:00 and 17:00 Monday to Friday. We have a written complaints procedure, and you can request a copy of this at any time. 2.3.2 You may also have the right to refer your complaint to the Financial Ombudsman Service, if you are not happy with our response, or if eight weeks have passed and we have not provided our final response to you. Please be aware that the Financial Ombudsman Service can only consider complaints from individuals, some small businesses and certain other types of bank customers. 2.3.3 The Financial Ombudsman Service can be contacted in the following ways: (a) Post The Financial Ombudsman Service Exchange Tower London E14 9SR (b) Telephone You can call the Financial Ombudsman Service on: l 0800 023 4567 (calls to this number are free from a landline or mobile phone); l 0300 123 9 123 (calls to this number cost no more than calls to 01 and 02 numbers); or l +44 20 7964 0500 (for calls from outside the UK) from 8:00 to 20:00 Monday to Friday, and from 09:00 to 13:00 on Saturdays. (c) Email complaint.info@financial-ombudsman.org.uk (d) Website http://www.financial-ombudsman.org.uk 2.4 Important information about compensation arrangements 2.4.1 We are covered by the Financial Services Compensation Scheme ( FSCS ). The FSCS can pay compensation to depositors if a bank is unable to meet its financial obligations. Most depositors including most individuals and small businesses are covered by the scheme. 2.4.2 In respect of deposits, an eligible depositor is entitled to claim up to 75,000 (from 1 January 2016). For joint accounts each account holder is treated as having a claim in respect of their share so, for a joint account held by two eligible depositors, the maximum amount that could be claimed would be 75,000 each (making a total of 150,000). The 75,000 limit relates to the combined amount in all the eligible depositor s accounts with us including your share of any joint account, and not to each separate account. 2.4.3 For further information about the scheme (including the amounts covered and eligibility to claim) please speak to your Private Banker, refer to the FSCS website at www.fscs.org.uk or call the FSCS on 0800 678 1100 or 020 7741 4100 between 08:30 and 17:30 Monday to Friday. 3. opening your account 3.1 Proof of identity 3.1.1 When you open an Account with us, we are required by law to check your identity. In order to verify the information you provide we may make searches about you with a credit reference or fraud prevention agency; this will include information from the electoral roll. The agencies will record the details of the search whether or not your application proceeds. 3.1.2 Other institutions may share these searches in order to prevent fraud. Scoring methods may be used by them as part of this process. We may ask you to supply at least one original document to confirm your identity, address or both, which we will use along with any electronic checks performed using the services of a credit reference or fraud prevention agency. Any documents provided to us will be recorded and copied for Anti Money Laundering purposes. 3.1.3 We are not required to open bank accounts or to make our services available, and we do not have to provide reasons for any decision not to open an account or to make services available. 3.2 Your Account Once your Account has been opened, we will advise you in writing of the Account name, the Account number, the type of Account and other specific conditions and requirements regarding your use of the Account. 3.3 Contact details 3.3.1 It is very important you notify us of any change to the contact details we hold for you as soon as possible. We rely on these contact details to be able to communicate with you. 3.3.2 We therefore will not be liable if we fail to communicate with you or if we send confidential or personal information to an out of date address because we do not have up to date contact details for you. 3.3.3 We may require confirmation in writing and verification of any change in address, in particular in the case of joint Account holders or a change to a postal address outside the UK. continued 5
4. Keeping your account secure 4.1 To help prevent fraud and protect your Account, it is essential to keep your Account information and any passwords agreed with us secure at all times. Please ensure that you: 4.1.1 don t share information about your password with anyone else. You will be held responsible for their transactions if you do; 4.1.2 never write down or record your password or selected personal information; and 4.1.3 destroy the notification of your password upon receipt. 4.2 It is essential that you tell us as soon as you can, by telephoning our offices Monday to Friday on telephone number 020 7245 1234 from 09:00 to 17:00 if you suspect or discover that someone: 4.2.1 has accessed any of your statements or other Account information; or 4.2.2 else knows your password or your selected personal information. 4.3 You can assist us in preventing a breach in security by protecting your Account information. If you believe that there has been an unauthorised withdrawal or payment from your Account, you should notify us immediately. 5. Joint accounts 5.1 If your Account is held in joint names, the liability under these Terms is joint and several. This means that you and any joint Account holders are liable together, but also individually for all monies due. 5.2 If your Account is held in joint names, unless the Mandate Form provides otherwise, each Account holder alone can operate the Account and give instructions to withdraw the entire balance of the Account. 5.3 If we become aware of or have reason to suspect a dispute between joint Account holders, we may (but will be under no obligation to): 5.3.1 require both Account holders to authorise any instruction; 5.3.2 suspend certain Account Services; and/or 5.3.3 freeze access to the Account entirely. 5.4 In the event of a dispute between joint Account holders, both joint Account holders shall remain individually and jointly liable for the Account. 6. Set off 6.1 We have the right to set-off accounts in credit against debts you owe to the Duncan Lawrie Banking Group (including in relation to any joint accounts). In order to do this, we may convert any amount held in a currency account to sterling at our current exchange rate. 6.2 We will give you personal notice of our intention to set-off money in your Account before we exercise our right of set-off. 6.3 We will not set-off monies held in trust for third parties against your personal debts. 6.4 If you are experiencing any financial difficulties, please contact us at the earliest opportunity to discuss the situation. 7.3 You should be aware that if you are a higher rate tax payer you may have to pay further taxes to HMRC. Additionally there may be other taxes or costs in connection with your Account that are not deducted by us or paid through us. 8. Variation General 8.1 We may change these Terms (other than those relating to changes in interest rates which are dealt with in Part B) for any of the following reasons: 8.1.1 to make these Terms easier to understand or fairer to you; 8.1.2 to correct any error we have identified in the Terms; 8.1.3 to cover: (a) any improvement in an Account Service; (b) any replacement of an Account Service with a new Account Service; (c) the withdrawal of any Account Service that has become obsolete, is not widely used or has not been used by you in the last 12 months; 8.1.4 to reasonably respond to changes or anticipated changes in the general banking market, to industry guidance or codes of practice; 8.1.5 as a result of changes in technology, the systems we use to run our banking business and/or market practice; 8.1.6 to ensure that we comply with legal or regulatory requirements and guidance such as a direction from our regulators; 8.1.7 as a result of a change or forthcoming change in law, or a decision or recommendation by the Courts or the Financial Ombudsman Service; or 8.1.8 as a reasonable response to actual or expected increases in our costs in providing the Account or the Account Services we provide you. 8.2 Some of these Terms reflect our understanding of regulatory requirements that affect your Account but that will not have been published when these Terms are printed. If we find a term is inconsistent with a regulatory requirement we will not rely on that term but instead treat it as if it did reflect the regulatory requirement. We will change our Terms to correctly reflect the regulatory requirement when we next update them. 8.3 We will explain the reason for the change when we provide you with a notice of the change. We also explain in Part B when we may make further changes to these Terms. 8.4 If you have given us your consent to send you notices by email, we may provide you with notice of changes to these Terms by email. You can opt in or out of receiving notices by email, by writing to your Private Banker or to the Compliance Officer at our registered office: 1 Hobart Place, London SW1W 0HU.. 7. Tax 7.1 Where we are required by law we will deduct tax from interest due on your Account before crediting interest to your Account, in line with the requirements of HMRC. 7.2 If you have completed an appropriate registration form, interest will be added to your Account without tax being deducted. If we are required to pay HMRC tax on any interest that has been paid to you without such deduction, we reserve the right to require you to repay that tax paid by us, or to deduct it from your Account or any other accounts you hold with us, in accordance with paragraph 6 of this Part A. 6
Part B 1. Additional DEFINITIONS 1.1 In addition to the defined terms set out in paragraph 1 of Part A, the following word(s) shall have the following meaning(s): Account means your Current Account held with us; Duncan Lawrie Base Rate means our base interest rate as displayed on our website at www.duncanlawrie.com and which will fluctuate with the rate set from time to time by the Monetary Policy Committee of the Bank of England; Duncan Lawrie Card means a Duncan Lawrie payment card which we may choose to issue to you (including any renewal or replacement card) subject to the applicable Duncan Lawrie Card Terms; Duncan Lawrie Card Terms means the general conditions for Duncan Lawrie cardholders as provided to you at the time of your application for a Duncan Lawrie Card, and as such terms and conditions may be varied, amended, modified, or supplemented from time to time; Duncan Lawrie Card Transaction means any use of your Duncan Lawrie Card on your Account, such as buying goods or services, but excluding guaranteeing cheques up to the value of the guarantee limit stated on the Duncan Lawrie Card; Variation Notice Period means the 2 months following receipt by you of a notice from us of a change to the Terms of your Account; PIN means a personal identification number issued by us for use with a Duncan Lawrie Card and sent separately from the card; Recurring Transaction means a standing order or direct debit instruction set up on an Account in accordance with these Terms; and Tariff Sheet means the document setting out charges applicable to Duncan Lawrie Current Accounts, as published by us from time to time on our Website, and which is part of the Terms of your Account. 2. Cancellation 2.1 You have a right to cancel this agreement within 14 days of the Effective Date or the date you received these Terms (whichever is later). If you wish to exercise your right to cancel you should write to us at our registered office: 1 Hobart Place, London SW1W 0HU or call us on 020 7245 1234. 2.2 In the event of cancellation under paragraph 2.1 of this Part B we will give you all your funds back or transfer your funds as instructed by you and you will not have to pay any charges or penalties. For the avoidance of doubt, you will however remain liable for any costs or charges incurred prior to the date on which you provided notice of cancellation and you may suffer a loss of interest. 3. Changes to the Terms of your Current Account 3.1 If we do make a change to these Terms, in most circumstances we will give you 2 months personal notice of any change before the change is due to take effect. You will be treated as having accepted the change at the end of the Variation Notice Period unless you give us notice of your intention to close your Account as set out in paragraph 16 of this Part B. 3.2 If we make a change to the Terms (other than those terms relating to changes in exchange rates or interest rates, which are explained below) for any reason other than those listed in paragraph 8.1 of Part A, you will be able to end the agreement in accordance with paragraph 3.3 of this Part B. 3.3 If you do not agree to the change(s) that we propose to make to the Account, you can choose to close your Account by telling us as set out in paragraph 16 of this Part B, at any time during the Variation Notice Period. If you do tell us during the Variation Notice Period that you want to close your Account, we will not charge you for closing the Account, or will waive any charges that would be payable in those circumstances. However, if you do close the Account you must repay any fees, charges or other outstanding amounts (including any overdraft) on your Account that were owing before you chose to close the Account. 3.4 If we are required by law to make a change to the Terms immediately or at short notice, we will inform you of the change as soon as possible, and if you wish, you will be able to terminate the agreement between us as set out in paragraph 3.3 of this Part B. 4. Interest 4.1 The Account is a non-interest-bearing bank account. Interest will not accrue on credit balances held on the Account. 4.2 We offer a number of interest-bearing deposit accounts: please talk to your Private Banker to discuss available options that may be suitable for your requirements. 5. CHEQUES AND DUNCAN LAWRIE CARD 5.1 When you are opening your Account or at any time once your Account has been opened, you may apply for a Duncan Lawrie Card and/or a cheque book. If you are issued a Duncan Lawrie Card we will separately tell you the PIN for it. 5.2 Use of a Duncan Lawrie Card by you will be subject to both the applicable Duncan Lawrie Card Terms and these Terms. 5.3 In addition to the security precautions set out in paragraph 4 of Part A, it is essential to keep your cheque book, Duncan Lawrie Card and PIN secure at all times. Please ensure that you: 5.3.1 do not keep your cheque book and Duncan Lawrie Card together; 5.3.2 do not allow anyone else to use your Duncan Lawrie Card, PIN or chequebook. You will be held responsible for their transactions if you do; 5.3.3 always take reasonable steps to keep your Duncan Lawrie Card safe and your PIN and selected personal information secret at all times; 5.3.4 never write down or record your PIN or selected personal information; and 5.3.5 destroy the notification of your PIN upon receipt. 5.4 It is essential that you tell us as soon as you can, by telephoning our offices Monday to Friday (on 020 7245 1234) from 09:00 to 17:00 if you suspect or discover that: 5.4.1 your cheque book and/or Duncan Lawrie Card has been lost or stolen; or 5.4.2 someone else knows your PIN or your selected personal information. 6. Deposits 6.1 You can deposit funds into your Account electronically from any account held with a UK based bank or building society (including Duncan Lawrie), by CHAPS, BACS, the Faster Payment System, by cheque or standing order. We can accept deposits in sterling, euro or US dollar only: please see paragraph 9 of this Part B for further information about foreign currency transactions. continued 7
6.2 At our discretion and by prior appointment, you may be able to deposit cash (bank notes only) into the Account at our office at 1 Hobart Place, London SW1W 0HU or at our offices in Bristol and Wrotham, Kent. Please refer to the Website for details of the Duncan Lawrie office addresses and opening hours. We may place limits on the minimum and maximum amounts of cash you can deposit into the Account. You must contact us before seeking to make a cash deposit, to ensure that we shall be able to accept your deposit, and to process it as swiftly as possible. 6.3 Cheques for depositing should be sent by post to our office at Wrotham, Kent. 6.4 We reserve the right to refuse any deposit if: 6.4.1 we have reason to believe it may put us at risk of breaching any legal or regulatory obligations; 6.4.2 we have reason to believe it may be linked to financial crime; 6.4.3 accepting the deposit could compromise our security or IT infrastructure procedures; or 6.4.4 for any other valid reason. 6.5 If we refuse to accept a deposit, we will inform you within 2 Business Days of receiving the deposit request (unless we are prevented from doing so by a legal or regulatory requirement) of: 6.5.1 the fact that we have not been able to accept the deposit; 6.5.2 the reason for not being able to accept the deposit; and 6.5.3 how you can contact us to discuss the issue further if appropriate. 6.6 To be able to accept a deposit, we need to be informed of: 6.6.1 the value and currency of the deposit; 6.6.2 the account number and sort code for the account it is to be deposited to; and 6.6.3 the name of the recipient account holder. If we are not provided with this information we may not be able to accept the deposit. We shall not be responsible for any losses, delays or incorrect deposits that occur as a result of incorrect or incomplete information being provided to us. 6.7 Deposits made by cash, BACS, CHAPS or the Faster Payment System, or by transfer from another Duncan Lawrie account, will be credited to your Account on the Business Day on which the deposit is received by us. In most circumstances, deposits will be cleared and available for withdrawal on the same day if the deposit was received by us before 15:00, or the next Business Day if received by us after 15:00. However, please be aware that this process may be delayed as a result of the internal checks that we are obliged by law to conduct. 6.8 In most circumstances, cheques drawn in sterling paid in to your Account after 13:00 will show on your Account by the next Business Day. After three Business Days you can expect to receive value from the deposit, i.e. where applicable you can expect to receive a corresponding reduction in the amount of interest you pay on any loan or overdraft on the Account. After six Business Days you can be certain that the funds will not be reclaimed from your Account as a result of a cheque having been returned unpaid. 6.9 If you withdraw the deposited amount from your Account before six Business Days have passed from the date of paying in the cheque, we shall seek repayment from you of the withdrawn funds if the cheque is subsequently returned unpaid. 7. Instructions 7.1 Your instructions to us 7.1.1 We can take payment instructions from you either: (a) in writing by post, to our registered address; (b) verbally; (c) by telephone, to the number notified to you for that purpose by your Private Banker; or (d) by email, to the email address notified to you for that purpose by your Private Banker. Please note, we can only accept instructions by telephone or by email if this has been agreed in your Mandate Form. 7.1.2 We will only accept an instruction if we are reasonably satisfied that you have given that instruction. We will treat the instruction has having been given by you if: (a) in the case of instructions received by post, the instructions appear to have been signed in accordance with the Mandate Form we hold; and (b) in the case of instructions received by telephone, you have provided the identity verification security information agreed with you when opening your Account. 7.1.3 We will not act on an instruction until we actually receive the instruction, and have sufficient information to process it. If the instruction is unclear or incomplete, we may ask for further information from you before processing the instruction. Additionally there may be a delay in processing the instruction if we have to conduct additional fraud or security checks. 7.2 Joint instructions 7.2.1 When you open your Account, we will ask you to complete a Mandate Form. The Mandate Form names the people who are entitled to exercise rights in relation to the Account and to provide us with instructions. You authorise us to operate your Account and act in accordance with any instructions received from a person named on the Mandate Form (a Joint Instructor ). 7.2.2 If you name a person on the Mandate Form as Joint Instructor, then they will be able to operate your Account and issue instructions, subject to our checks against that person and acceptance of them. You will be responsible for the actions and omissions of a Joint Instructor, as if they were your own actions and omissions. If you are a corporate customer, then you will be responsible for the acts and omissions of any of your directors, officers and employees who are named on the Mandate Form as Joint Instructors. 7.2.3 If you wish to withdraw authorisation from a Joint Instructor, we require no less than 3 Business Days written notice that such authorisation is to be withdrawn. 7.2.4 We reserve the right to refuse to accept instructions from a Joint Instructor if we have concerns about the security of your Account, if we have reason to suspect fraudulent or other criminal actions, or for any valid reason. If we refuse to accept instructions from a Joint Instructor, we shall inform you within 2 Business Days unless we are prevented from doing so for any legal or regulatory reason. 7.3 Refusing your instructions 7.3.1 We may refuse to act on your instructions if: (a) we consider that an instruction is unclear or incomplete, or may not have been authorised by or come from you; (b) if there are insufficient cleared funds available in your Account (including any authorised overdraft facility); 8
(c) we become aware of a dispute between you and any joint Account holders; (d) if we suspect fraudulent or criminal activity; or (e) if we reasonably believe that processing an instruction would put us in breach of any of our legal or regulatory obligations or any other code of practice or legal duty that applies to us, or might otherwise be unlawful. 7.3.2 If we refuse your instructions, we will seek to contact you within 3 Business Days on the telephone number you have given us, to inform you of our decision, and to explain why, and what you need to do to enable us to carry out the payment transaction. However, we will not contact you if we are prevented from doing so for any legal or regulatory reason. 7.3.3 If we need to investigate a transaction on your Account, you agree to co-operate with us and with the police or any other regulatory authority (if we need to involve them). 8. PAYMENTS FROM YOUR ACCOUNT 8.1 In order for us to be able to execute an electronic payment transaction properly we need you to provide us with certain information. We set out below the information needed for different electronic payment transactions: All electronic transactions 8.1.1 the recipient s account number, 8.1.2 the recipient s bank sort code; 8.1.3 the recipient s payment reference where relevant (for example a building society roll number); 8.1.4 the value of the payment transaction; and 8.1.5 the date you would like the transaction to take place. Additional information for electronic payments to a non-uk bank 8.1.6 the recipient s bank name and address; 8.1.7 SWIFT Bank Identifier Code; and 8.1.8 for non-united States recipient banks, the International Bank Account Number (IBAN). 8.2 We will endeavour to deal with your instructions regarding a payment transaction when we receive them. However, instructions received by us on a non-business Day will be deemed to be received by us on the next Business Day. In addition SWIFT and BACS instructions received by us after 15:30 will be deemed to be received by us on the next Business Day. Please see paragraph 11 of this Part B below for details of the execution times for payment transactions. 8.3 Direct debits You may provide us with instructions to make payment transactions by way of a direct debit mandate. You may revoke such instructions at any time, subject to the cut-off times set out at paragraph 12.2 of this Part B. Please let us know if you would like further information in relation to direct debits. 8.4 Standing orders You may also provide us with instructions to make payment transactions by way of a standing order instruction. You may revoke such instructions at any time, subject to the cut-off times set out at paragraph 12.3 of this Part B. Please let us know if you would like further information in relation to standing orders. 8.5 Cheque 8.5.1 We may return a cheque made out by you unpaid when there are insufficient cleared funds on the Account to cover the cheque or where payment of the cheque would overdraw the Account in excess of any pre-agreed limit. If you exceed any agreed overdraft limit, the unauthorised overdraft interest will be applied as explained in paragraph 13 of this Part B. 8.5.2 Cheques are considered to be out of date after 6 months. Consequently, if any cheque dated 6 months or more before the date of presentation is received, we may seek your confirmation before making payment. 8.6 Refunded transactions 8.6.1 You must notify us as soon as possible of any unauthorised or incorrectly executed transactions. Please note that in respect of transactions in sterling, euro or another EEA currency, carried out within the EEA (other than transactions involving cheques), you must notify us within 13 months after the debit date. If you do not notify us within this time period you may not be entitled to redress from us. 8.6.2 If you tell us that a transaction has not been authorised by you, we will as soon as practicable 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). However, we will reverse the refund and reinstate the charges if the payment is subsequently proved to be valid and authorised by you. We will normally investigate any payment transactions which you inform us were unauthorised by you. We will carry out any such investigation as quickly as reasonably possible. 8.6.3 You will however be liable for: (a) all payments and any losses in respect of unauthorised transactions where you have acted fraudulently; and/or (b) all payments and any losses if you have intentionally failed to take reasonable steps or been negligent in keeping the security features of your Duncan Lawrie Card, your PIN, your cheque book or any personal information. 8.6.4 Unless you have acted fraudulently, you will not be liable for any losses resulting from unauthorised transactions: (a) after you have notified us, or have attempted to do so but cannot because we have not made the means available to allow you to notify us; or (b) before the relevant PIN, your selected personal information or Duncan Lawrie Card was received by you or a Joint Instructor; or (c) if the unauthorised use relates to certain types of distance contract for the purchase of goods or services (e.g. goods or services purchased by telephone or online). Certain legal exclusions apply and we can explain these to you if this situation arises. 8.6.5 You will not be liable for any unauthorised use of a Duncan Lawrie Card after you have asked us to stop its use. However, you will be liable if you use the Duncan Lawrie Card, or authorise further card payments, after you have asked us to stop the Duncan Lawrie Card or after we have told you that we have stopped it. 8.6.6 If: (a) a payment transaction is initiated by or through the recipient of the payment (for example a direct debit); and (b) the exact amount of the transaction was not specified at the point of sale; and (c) the amount of the transaction exceeds the amount you could reasonably have expected in all the circumstances, continued 9
you can request a refund from us of the full amount of such transaction. You have eight weeks from the transaction date in which to make a claim for a refund. On receipt of such a claim, we may request additional information from you. We will either make a refund to your Account or explain any refusal for a refund within the later of ten days of the claim, or ten days of the additional information having been provided. If we refuse any claim we will provide you with information on how to take the matter further if you are not satisfied by the reasons we have provided. 8.7 Charging for a payment transaction 8.7.1 Depending on the nature of the payment transaction, we may charge you for any such transaction, and the person you are paying must pay any applicable charges imposed by their bank. 8.7.2 Details of our standard charges and the timing of any deducted charges from your Account are set out in our Tariff Sheet. 9. FOREIGN CURRENCY 9.1 Exchange rates 9.1.1 We convert foreign currency payments made in accordance with these Terms (other than Duncan Lawrie Card payments) from and to sterling on the exchange rate basis set out on the Tariff Sheet. You can call us to find out the exchange rates that apply at any particular time. 9.1.2 We may change this exchange rate basis at any time if the change will be favourable to you. If we do this, we will inform you of the change in your next statement. In the case of any other change, we will give you at least 2 months notice of the proposed change in accordance with paragraph 3 of this Part B. You will be treated as having accepted the change to the exchange rate basis at the end of the notice period unless you give us notice of your intention to close the Account in accordance with paragraph 3.3 of this Part B. 9.2 Deposits in a foreign currency 9.2.1 We do accept deposits (including by cheque) in the Account in currencies other than sterling. However, we do not accept deposits in all currencies. Contact us before making a cash deposit in a currency other than sterling to ensure that we can process your deposit. 9.2.2 If you receive payment into your account in a currency which is not sterling, we will convert the amount into sterling using the exchange rate we select at the time we make the conversion. You can call us to find out what rate we apply. 9.3 Payments in a foreign currency 9.3.1 You can make payments from the Account in currencies other than sterling. However, we do not allow payments in all currencies. Contact us for details of the currencies in which we will allow payments to be made. 9.3.2 If you make a payment out of the Account in a currency other than sterling, we will convert the amount using the exchange rate we select at the time we make the conversion. If you want us to confirm the exchange rate before we process the payment, tell us when you instruct the payment. 9.4 Card payments and withdrawals in a foreign currency If you use your Duncan Lawrie Card to make a payment or withdraw cash in a currency other than sterling, the exchange rate will be the rate selected by Visa, by the bank issuing the cash, or by the ATM operator (as applicable) plus our currency conversion fee. Visa s exchange rates can be found on the Visa Europe website. We will tell you what our currency conversion fee is in the Duncan Lawrie Card Terms. The amount will be converted on the day the payment is processed by Visa or at the time of withdrawal (as applicable). The exchange rate and the amount of the transaction after the currency conversion will be shown in your next monthly statement. 10. OUR LIABILITY 10.1 If you provide us with a payment instruction and we act on that instruction, but the details you have provided in the instruction are incorrect (ie the information provided to us in accordance with paragraph 8.1 of this Part B), we will not be liable for the transaction. At your request, we will exercise our reasonable endeavours to recover the funds involved, but this may not be successful. We may make a charge for the recovery attempt. There is no ability to seek recovery of a payment sent by the Faster Payment System. 10.2 Where a payment instruction was initiated by a payee (e.g. a direct debit originator) and following our reasonable investigations, we determine that we are at fault either for a defective payment or if the payment was not carried out by us at all, then we will take steps to complete or make the payment as soon as reasonably possible. However, we will not be liable if the failure giving rise to the defective or incomplete payment was due to abnormal or unforeseeable circumstances beyond our reasonable control (for example due to banking system failures, industrial action or acts of government) or if it arose due to our compliance with legal or regulatory requirements. 10.3 If you provide us with a payment instruction with the correct details, but the instruction was either not carried out by us or was carried out incorrectly by us and you incur a loss, then we will be liable for any fees, charges and/or interest incurred by you as a result of this. However we will not be liable if we can prove that the correct amount and the beneficiary s details as specified by you were sent by us on time. We will not be liable if the failure giving rise to the defective or incomplete payment was due to abnormal or unforeseeable circumstances beyond our reasonable control (for example due to banking system failures, industrial action or acts of government) or if it arose due to our compliance with legal or regulatory requirements. 10.4 If we determine that we are liable for non-execution or defective execution of a payment transaction, we will compensate you for any fees, charges and/or interest incurred by you as a result of this. However, we shall not be liable for a non-executed or defectively executed payment transaction if the circumstances giving rise to this were abnormal or unforeseen and beyond our reasonable control. 10.5 In all cases, our liability to you is limited to direct losses arising from our actions. We will not be liable to you for any of the following: 10.5.1 loss of business, loss of profit, loss of goodwill or loss of opportunity; or 10.5.2 any other loss that is not directly resulting from the cause of your claim, or that we were not aware of or could not reasonably have foreseen at the time we received your payment instruction. 11. EXECUTION TIME AND VALUE DATE OF FUNDS 11.1 The execution time for payment transactions made from your Account to another account depends upon the method of transmission and the currency involved. We set out below details of the maximum execution times which will, in the normal course of business, apply to payment transactions made by us from your Account on your instructions: 11.1.1 for payments made via CHAPS the payment will arrive in the recipient s account on the same Business Day, if we receive the payment instructions before 15:30 on that Business Day; 11.1.2 for payments in sterling by BACS the payment will arrive in the recipient s account no later than 3 Business Days after we receive your instructions. Where a payment transaction follows a written instruction from you, the maximum execution time is extended by 1 Business Day; 10
11.1.3 for payments in sterling or euro to another person s account in the EEA or UK using SWIFT the payment will arrive in the recipient s account no later than the same Business Day if we receive the payment instructions before 15:30 on that Business Day. Where a payment transaction follows a written instruction from you, the maximum execution time is extended by 1 Business Day; 11.1.4 for payments in an EEA currency which is not sterling or euro to another person s account in the EEA using SWIFT the payment will arrive in the recipient s account no later than 2 Business Days following the Business Day on which we receive your instructions. Where a payment transaction follows a written instruction from you, the maximum execution time is extended by 1 Business Day; 11.1.5 payments in sterling using the Faster Payment System are cleared throughout the Business Day; 11.1.6 for payments in non-eea currencies, the execution time in respect of the payment will depend upon the foreign currency and the countries involved. We will let you know the likely execution time for such payments at the time we receive your payment instructions. We will not be able to control exactly when the payment will be received by the foreign bank. 11.2 Where an electronic payment is made into your Account, as soon as funds are received by us (and subject to our security clearance procedures), we will make sure that you can get access to the cleared funds within the times set out above. The funds will be given a value date no later than the Business Day on which your Account was credited. 11.3 Cash deposited by you for credit to your Account, will be credited to the Account, value dated and made available immediately after receipt if paid in to 1 Hobart Place, London SW1W 0HU, or by prior appointment at our offices in Bristol and Wrotham, Kent. 11.4 If we make a cash handling charge, this will be deducted from the value of the cash deposit prior to it being credited to your account. Details of applicable cash handling charges are set out in the Tariff Sheet. Where a discrepancy in a cash deposit is discovered after the funds have been credited, corrections can still be made, and corrected post-transaction information will be provided to you. 12. REVOKING A PAYMENT 12.1 Electronic payments 12.1.1 Payment instructions are processed immediately, so it is not normally possible to revoke a payment instruction once it has been received by us except in the case of future dated payments. If you give us instructions to make a payment: (a) at a future date, the latest point at which you can revoke a payment instruction is the close of business on the Business Day before the payment is due to be made: or (b) when funds are available, the latest point at which you can revoke a payment instruction is the close of business on the Business Day before those funds become available. 12.1.2 If you wish to revoke a payment instruction, you should contact us immediately and we will endeavour to stop or retrieve the transaction. We reserve the right to make a charge of 25 for the revocation of any payment instruction. 12.2 Direct debits For direct debits the latest that you can revoke a payment instruction is before 15:30 on the Business Day before the agreed date of the direct debit payment. This does not affect your rights to recover a direct debit collected by the originator in error through the Direct Debit Guarantee Scheme. 12.3 Standing orders For standing orders the latest that you can revoke a payment instruction is 3 Business Days before the proposed date of the standing order payment. This means that if you provide us with notice of revocation 1 Business Day before a payment is due to be taken by standing order from your Account, that scheduled payment will proceed and the revocation will only take effect in respect of the subsequent payment. 12.4 Card transactions A Duncan Lawrie Card Transaction may not be stopped or cancelled unless it is a Recurring Transaction. 12.5 Cheques You can ask us to place a stop on a cheque that has not been presented for payment, by contacting a member of staff by telephone and telling them the cheque number, account number, amount and payee. A stop may not be placed on a cheque which has been issued in conjunction with a Duncan Lawrie Card within the guarantee limit or after presentation. Details of any charge we may make for placing a stop on a cheque are set out in the Tariff Sheet. 13. OVERDRAFTS 13.1 Other than where we permit an unauthorised overdraft, overdraft facilities must be agreed with us in advance, and are subject to our discretionary approval. If we agree to make an overdraft facility available to you, the overdraft facility will be subject to an overdraft limit, which you are not permitted to exceed. If we agree to provide you with an overdraft we will send you a separate facility letter confirming its terms and conditions. 13.2 The rate of interest charged on an overdraft facility will be agreed by us in writing and the basis of calculation of such interest rate will be set out in the facility letter. 13.3 We shall review the overdraft facility and overdraft limit periodically, and may increase or decrease the overdraft limit, or withdraw the overdraft facility, at our discretion. Where it is reasonable for us to do so, we shall provide you with at least 28 days notice prior to any such increase, decrease or withdrawal of the overdraft facility. We shall not increase the overdraft limit if you inform us that you do not wish us to do so. 13.4 If the overdraft facility is withdrawn, any debit balance on your Account will be immediately repayable. If there is a debit balance on your Account following withdrawal of the overdraft facility, we have the right to apply any funds you may have in other Duncan Lawrie accounts in accordance with paragraph 6 of Part A. 13.5 We may change interest rates (for both authorised and unauthorised overdrafts) at any time if the change will be favourable to you. If we do this, we will inform you of the change in your next statement. In the case of any other change, we will give you at least 2 months notice of the proposed change in accordance with paragraph 3 of this Part B. You will be treated as having accepted the change to the rate at the end of the notice period unless you give us notice of your intention to close the Account in accordance with paragraph 3.3 of this Part B. 13.6 Unauthorised overdrafts 13.6.1 An unauthorised overdraft can arise where a payment is due to be made out of your Account and you have insufficient funds to cover the amount of the payment. In calculating whether you have sufficient funds to cover a payment, we will look at the available funds on your Account. Your available funds consist of the cleared balance of your Account (including any unused agreed overdraft balance) less any Duncan Lawrie Card Transactions we have authorised but not yet debited from your Account. We will not include payments into your Account that have not yet cleared. continued 11
13.6.2 Where you have insufficient funds and a payment is due to be made, we will treat this as a request made by you for an unauthorised overdraft. We will only make the payment if it is: (a) one of the following payment types which we cannot refuse: (i) some types of Duncan Lawrie Card Transactions where authorisation is not sought from us before the transaction is approved. For example, payments to a retailer who does not check with us whether you have sufficient funds available before processing the payment; or (ii) any overdraft interest or charges we apply to your Account; or (iii) corrections we make to an entry in your Account. For example, if you pay in a cheque which then bounces after you have withdrawn the funds, or if we take back money that was paid into your Account by mistake; or (b) a payment that we have, in our absolute discretion, allowed to be made from the Account. 13.7 If your Account has a debit balance where you have an unauthorised overdraft, or if your debit balance exceeds your agreed overdraft limit, we will charge you interest on the unauthorised excess debit balance until you repay us the funds together with any fees. We have the right to apply any funds you may have in other Duncan Lawrie accounts to any outstanding unauthorised overdraft, in accordance with paragraph 6 of Part A. 13.8 The interest rate on unauthorised debit balances and fees is set out in our Tariff Sheet. The interest rate we charge on unauthorised overdrafts is higher than the interest rate for agreed overdrafts. 13.9 Unauthorised overdrafts are repayable immediately, and it is your responsibility to make yourself aware of the status of your Account. However, we shall try to contact you by the following Business Day if your Account has an unauthorised overdraft, to alert you to the situation and the need to resolve it. 13.10 If you need an overdraft facility to help with payments from time to time, you can contact us to find out whether you are eligible for an agreed overdraft on your Account, or you can ask us to increase the limit on an agreed overdraft you already have. 14. STATEMENTS 14.1 We shall prepare monthly statements for your Account and shall make them available to you in the manner you have indicated to us in your Mandate Form, or as subsequently notified by you to us from time to time. In the case of joint Account holders, we will send out one statement to both of you at the address indicated for those purposes in the Mandate Form. Please let us know if you would like to receive separate copies of statements. 14.2 It is very important that you check your statements and inform us as soon as possible if the statement shows any transactions which are incorrect, which you do not recognise or which were not authorised by you. 14.3 Failure to tell us about incorrect or unauthorised transactions may mean that you will not be entitled to any redress. 14.4 We will supply additional statements if requested by you. We may charge you for providing additional statements in accordance with our Tariff Sheet. 15. SUSPENSION OF YOUR ACCOUNT 15.1 We can suspend your Account where: 15.1.1 you have committed a serious breach of these Terms, or you owe us money and have not paid on time; 15.1.2 we learn that steps have been taken in connection with your bankruptcy, insolvency, or any similar process; 15.1.3 we learn, or reasonably believe, that someone else (who is not you or a Joint Instructor) has access to or has tried to access your PIN, selected personal information or Account; 15.1.4 we suspect fraudulent or other criminal activity; 15.1.5 where the Account is held in joint names, we become aware of a dispute between joint Account holders (as described in paragraph 5.3 of Part A), or as to the authority of Joint Instructor (in accordance with paragraph 7.2.4 of this Part B); 15.1.6 we are required to suspend your Account to comply with our legal or regulatory obligations or any other code or duty that applies to us; 15.1.7 we have given you notice terminating your Account; or 15.1.8 we reasonably consider it necessary for your protection. 15.2 We will tell you if we suspend your Account and will provide our explanation for the suspension, except where we cannot do so for legal or security reasons. If it is possible for you to rectify the issue that caused the suspension, we will explain what you need to do to achieve that. 16. CLOSING YOUR ACCOUNT 16.1 You can close your Account at any time, by giving written notice or by calling your Private Banker. You can close your Account only where the Account is in credit and there are sufficient funds in the Account to meet any outstanding interest, fees and charges. 16.2 If we receive your instructions to close your Account before 12:00 on a Business Day, subject to paragraph 16.1 of this Part B we should be able to complete the closure on the same Business Day. If we receive your instructions on or after 12:00 on a Business Day, we should be able to complete the closure during the next Business Day. 16.3 When you close the Account: 16.3.1 all funds in credit on the Account (including interest accrued to the day prior to receipt of your instructions to close the Account) will be repaid to a third party UK based financial institution as notified by you to us, or to another Duncan Lawrie account held by you; and 16.3.2 you must return or destroy all Duncan Lawrie Cards that are connected to the Account and any unused cheques. 16.4 In the event that you chose to close your Account within 90 days from the Effective Date (and during such period you have fully complied with these Terms) we will waive any bank charges incurred by you during the period that you held the Account with us. 16.5 We can close your account at any time without notice if there are exceptional circumstances, for example: 16.5.1 in case of an unrepaid unauthorised overdraft; 16.5.2 a serious or repeated breach of these Terms; 16.5.3 serious misuse of a Duncan Lawrie Card; 16.5.4 fraud or other criminal activity; 16.5.5 we learn that steps have been taken in connection with your bankruptcy, insolvency or similar process; 16.5.6 you have given us false or misleading information; 16.5.7 we have to close the Account to comply with legal or regulatory obligations; or 16.5.8 threatening or abusive behaviour to our employees. 16.6 Other than where there are exceptional circumstances we will give at least two months written notice to you if we intend to close your Account. 16.7 We are a member of the Current Account Switch Service. This means that if you are transferring your Account to another bank that is also a member of the Current Account Switch Service, and you ask us to use this service, wherever reasonably possible, we will: 16.7.1 assist you to close the Account you have with us; 16.7.2 provide your new bankers with details of standing orders and direct debits set up on your Account within 7 Business Days; and 16.7.3 transfer the balance on your Account on your instructions. 12
Part C 1. bankers references We provide bankers references. If a reference about you is requested, your written consent will be sought before it is given. 2. DORMANT ACCOUNTS In respect of dormant accounts, we will assist a customer, so far as is possible, to trace and, if appropriate, have access to funds held with us. 3. CONFIDENTIALITY AND DATA PROTECTION 3.1 We are committed to safeguarding the privacy of our customers, and to protecting the personal information we collect and store in the course of providing our services. 3.2 Personal information is information or data which identifies you (or other individuals) and is about you (or those other individuals), such as your name, postal address, email address, or financial information. Depending on our relationship with you, we will collect and store personal information about you, including identity verification and contact information, investment and financial information, information about any payment cards or other bank accounts you may hold, credit reference and scoring information, and any other personal information provided by you to us, or that we obtain in the course of our relationship. 3.3 When you complete the Application Form and Mandate Form for your Account, you consent to us using your personal information. If you provide personal information on any third party (including any joint Account holders and/or Joint Instructors), you must ensure that the third party is aware of how we use personal information (as set out in these Terms, and the Application Form and Mandate Form (as applicable)) and consents to our use of the data for these purposes. 3.4 We may use, store and process your personal information for the following purposes: 3.4.1 providing bank account services to you, 3.4.2 providing other related banking services from us, or services offered by Duncan Lawrie Asset Management Limited, 3.4.3 verifying your identity, 3.4.4 credit assessment purposes, 3.4.5 to communicate with you, 3.4.6 to comply with our legal and regulatory obligations or public duties, including to comply with any reporting or disclosure requirements of HMRC, the FCA, the PRA and/or any other regulatory or governmental authority, 3.4.7 to prevent or detect fraud and other criminal activity, 3.4.8 for research and analysis purposes, and to develop and improve our products and services, and 3.4.9 otherwise in accordance with any consent you provide to us. 3.5 In connection with these purposes, we may (depending on the circumstances) disclose personal information to: 3.5.1 other companies within the Duncan Lawrie group, 3.5.2 our employees, agents and service providers, 3.5.3 the police, law enforcement agencies and regulators, 3.5.4 professional advisors, 3.5.5 insurers, 3.5.6 recipient banks, and 3.5.7 credit reference agencies and fraud prevention agencies. 3.6 In connection with these purposes and disclosures, we, or the relevant third parties detailed above, may transfer, store and process your personal information outside the European Economic Area. This may mean that your personal information is transferred to countries with data protection laws that do not provide the same level of protection for personal information as the UK. Where we control or instigate the transfer, storage or processing, we will take steps to ensure that adequate protection is afforded to the personal information as required by applicable data protection law. 3.7 In the event that we sell or buy any business or assets, we may disclose personal information held by us about our customers to the prospective seller or buyer of such business or assets. If we or substantially all of our assets are acquired by a third party (or subject to a reorganisation within our corporate group), personal information held by us about our customers will be one of the transferred assets. 3.8 We may inform you of other products or services supplied by Duncan Lawrie if you have given us your consent to do so. If you change your mind at any time and no longer wish to receive this information, please advise us in writing by email sent to your Personal Banker or by post to our registered address: Duncan Lawrie Limited, 1 Hobart Place, London SW1W 0HU, marked for the attention of the Compliance Officer. 3.9 To carry out our services efficiently it may be necessary for our representatives or employees to call you on the telephone or visit you. Telephone conversations may be recorded for quality, training and security purposes. 3.10 Subject to certain exemptions, you have the right to ask us to provide you with any personal information we hold about you and your Account (this is called a Subject Access Request). If you wish to make a Subject Access Request, please submit your Request in writing to our registered office: Duncan Lawrie Limited, 1 Hobart Place, London SW1W 0HU, marked for the attention of the Compliance Officer. In order to process your request, we are entitled to charge you a fee of 10 (or any other sum set by law) to cover our administration costs. We may also ask for further information from you to verify your identity and to locate the specific personal information you require. Please be aware that there are certain legal exemptions to our obligation to provide you with personal information in response to a Subject Access Request. 3.11 If you ask us to process certain international electronic transfers of funds, and the Terms of your Account allow such a transfer, we may be required by law to provide the recipient bank with identifying information: your Account number (or IBAN), name and address. In some circumstances, your place and date of birth, or passport number may be substituted as identifying information. continued 13
4. GENERAL CONDITIONS 4.1 Notices 4.1.1 Any notice, demand or communication given by us under these Terms or any transaction to which they apply shall, in the absence of any express agreement and except where we shall give general notice in the press, be in writing and shall be deemed to be duly served if left at, or sent to, the address, fax number or email address last communicated to us by you. 4.1.2 Any such notice, demand or communication shall be deemed to be received: (a) if sent by first class mail two Business Days after posting; (b) if sent by second class mail or airmail, five Business Days after posting; (c) if sent by email at the time of dispatch; or (d) if left at your address at the time of delivery. 4.8 Severability If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected. 4.9 Failure or suspension of services We cannot accept liability for any loss you may suffer if we are prevented from providing services, by reason of strikes, industrial action, failure of power supplies, failure of banking payment transmission or clearing systems, failure of telecommunications or other equipment, industrial dispute or other causes beyond our reasonable control. 4.1.3 In the case of a joint Account, we may give notice to either or any of the joint Account holders, and receipt by any one joint Account holder shall be deemed to be receipt by all joint Account holders. 4.1.4 You may give notice to us in writing sent to our registered address as set out in paragraph 2.1.2 of Part A. 4.2 Language 4.2.1 These Terms and all other documents relating to our agreement with you will be provided in English. 4.2.2 We will communicate with you in connection with the Terms in English, and we will only accept instructions and notices from you given in English. 4.3 Governing law 4.3.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. 4.3.2 You and we irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including noncontractual disputes or claims). 4.4 Waiver If we fail to exercise a right or remedy under these Terms, such failure will not prevent us from exercising other rights and remedies or the same type of right or remedy on a later occasion. 4.5 Agents You agree that we may at any time appoint agents or subcontract or outsource some or all of the services that we provide to you. 4.6 Our records Save in the case of an error by us, our records will be conclusive evidence of your dealings with us in connection with your Account and the Account Services. You agree that you will not object to the admission in evidence of our records in any legal proceedings on the basis that our records are not originals, are produced by computer or are not in writing. 4.7 Assignment You agree that we may at any time assign, novate, or otherwise transfer our rights and obligations under these Terms. You may not assign, novate or transfer your rights and obligations under these Terms. 14
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1 Hobart Place, London SW1W 0HU. T +44 (0)20 7245 1234 F +44 (0)20 7245 6276 E london@duncanlawrie.com W www.duncanlawrie.com Duncan Lawrie Private Banking is a trading name of Duncan Lawrie Holdings Limited and its subsidiaries, represented in the UK by Duncan Lawrie Limited, authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority and Duncan Lawrie Asset Management Limited, authorised and regulated by the Financial Conduct Authority. Their registered office is 1 Hobart Place, London SW1W 0HU. Registered in England under numbers 998511 and 1160766 respectively. UK B 101 2T_C A 11/15 12