These Terms and Conditions govern the rights and obligations of you and ourselves, with regard to your use of the Service. The Service is only open to customers with open trading accounts with Standard Bank Plc ("SB Plc"). These Terms and Conditions are in addition to the terms and conditions that apply to any accounts and trading arrangements which you may have with us.
1. Definitions used in these Terms and Conditions
"Password" means the secret word, number or combination of characters with which you are provided in order to access the service.
"Service" means the SB Plc client reporting web service provided by us; made available through the SB Plc web site, or affiliated sites; for the primary use of downloading customer statements and trade confirmations.
"Service software" means any software supplied to you whenever you access the Service and any other software we supply to you for this purpose from time to time.
"We/us/our" refer to Standard Bank Plc
"You/your" means you the customer who becomes registered with us for the use of the Service.
"Your system" means the electronic equipment used by you to access the System.
2. Your responsibilities for Security
To ensure the security and confidentiality of your information, you must keep strictly to the following security guidelines.
(a) Safeguarding your Passwords
(i) Your Password will operate in addition to any other username and passwords you may have been given with respect to the SB Plc web site.
(ii) Your Password may be changed by us at any time.
(iii) Your allocated Password will be random and may contain numeric or special characters. You will have to change this Password on your first login.
(iv) You must take all reasonable steps to prevent the disclosure and unauthorised use of your Password. You must not disclose any details of any Password to someone else, even to someone who is a nominated user of your account, or to one of our staff members, or to someone providing assistance technically from either us or a third party.
(v) You must not record any of your Passwords in a way that could make it recognisable as a Password by someone else.
(vi) If you discover, or suspect that any Password is known to someone else, you must immediately inform us, by calling your normal point of contact at the bank and e-mailing the bank's data security area: london-datasecurity@standardbank.com. All access to your account will be suspended until a new Password for it has been set up.
(vii) Any additional user who you wish to have access to your information must be allocated a separate username and Password and must sign a separate agreement.
(viii) For your protection we may suspend access via the Service to your account information if we believe: that your Password has been disclosed; or is being used without your authorisation; or an unauthorised person is attempting to gain access to your account information.
(b) Other Security safeguards
(i) You must not allow anyone else to operate the Service on your behalf.
(ii) You must not leave your system unattended while you are online to the Service, and you must always close the browser before leaving your system unattended. This is especially important when accessing the Service from a computer other than your normal source of access.
3. Hardware, Software and Intellectual Property
(a) You must ensure that your computer, modem and other hardware and browser software comply with the standards and requirements which we inform you of in writing from time to time, are properly maintained, have proper protection against viruses, and are Year 2000 compliant.
(b) You must not access the Service using any computer which you do not own unless you have first obtained the owner's permission.
(c) We cannot be responsible for any services through which you access the Service that are not controlled by us, or any loss you may suffer as a result of your using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it. We cannot warrant the speed or resolution of, or access to, the Service.
(d) Ownership rights in connection with the service software and other information
(i) By supplying you with access to the Service, we are granting you a non-exclusive, non-transferable, revocable licence to use the Service and any associated software and information for the purpose of accessing your account information, and for no other purpose. The Service software and all information and material relating to the Service is owned solely by us. You must not use them except in connection with the Service, or take copies, sell, assign, lease, sub-licence or otherwise transfer them to any third party, or try to decompile, reverse engineer, input or compile any of the Service software, information or materials.
(ii) If you access the Service from a country outside England and Wales, you are responsible for complying with the local laws of that country, including obtaining any licence needed for the export of the Service software or access software to that country.
(iii) Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by us unless otherwise indicated.
4. The extent of our liability for your Loss or Damage
(a) We will not be liable for any loss of profit, indirect, special, consequential, whether arising as a result of negligence or otherwise, or incidental loss or damage to you in connection with the Service or the use of the Service. This includes, but is not limited to, claims for loss of profits, loss or corruption of data, loss of goodwill or reputation or wasted management time, trading losses and damages that may result from the use, inconvenience, delay, or loss of use of the Service or for omissions or inaccuracies in the information provided.
(b) Specifically we are not liable for damages caused by:
(i) an incompatibility between your system and the Service or the installation or use of the Service on your system; and
(ii) any machine, system or communications failure, interruption, error, defect or delays in performance or transmission, industrial dispute or other circumstances beyond our control; and
(iii) any problems with internet service providers or other equipment services relating to your computer or network; and
(iv) you acting or relying on any financial information provided as part, or by means, of the Service without first obtaining confirmation from us by telephone that such financial information is accurate and up-to-date; and
(v) any misuse of your system by yourself or anyone else; and
(vi) any access to information about your accounts that is obtained by a third party as a result of your using the Service (except where that access is obtained as a result of our negligence or willful default).
(c) We will not be liable to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into your System via the Service, provided that we have taken reasonable steps to prevent any such introduction.
(d) We do not warrant that the Service will be uninterrupted, error-free or free from computer viruses.
(e) No representation or warranty, implied or express, is given as to the fitness of the Service for your purposes or as to the quality of any software supplied to you, and all implied terms relating thereto are expressly excluded.
(f) By accessing this Service you agree that the liability of SB Plc or any other person involved in transmitting information arising out of any legal claim (whether in contract, tort or otherwise) in any way connected with the Service provided by SB Plc will not exceed the amount you originally paid for the Service.
5. Your breach of this Agreement
(a) You may be liable to compensate us for any reasonable loss we suffer as a result of your breaching any of these Terms and Conditions.
6. Altering or ending your use of the Service
(a) You may terminate these Terms and Conditions and your use of the Service at any time by notice in writing, or by telephone to us. Such termination shall be effective, and your right to use the Service shall cease, upon receipt by us of such notice of termination.
(b) We have the right to alter end or suspend the Service or your right to use the Service at any time. We will normally provide you with 28 days written notice, but may provide a shorter notice period, or none at all, if we see fit or if we consider that the security of the Service or of your information is at risk. We shall not be liable to you for doing this but will inform you promptly if we do so.
7. Our right to make changes to this Agreement
(a) We reserve the right to change the terms of these Terms and Conditions at any time by giving you not less than 28 days notice in writing, but may provide a shorter notice period, or none at all, if we see that the security of the Service or of your information is at risk. Once you have received this change in terms, we will consider your use of the Service as your acceptance of the change.
8. Validity
(a) If any provision of these Terms and Conditions proves to be invalid, illegal or unenforceable in any way, this will not affect the validity or enforceability of the remaining terms in any way.
(b) If any provision of these Terms and Conditions proves to be unenforceable or invalid against one of the customers signing this agreement, this will not in any way affect the enforceability or validity of that term as against other signatories.
9. Communications between Us
(a) Communications relating to these Terms and Conditions should be addressed to: David Barbour, Legal & Documentation, Standard Bank Plc, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2SB
10. The governing law
(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales in connection with any dispute. This does not affect our right to pursue our remedies in the courts of any other jurisdiction that is appropriate.