Notice to Existing Business24 Customers

The terms and conditions of permanent tsb’s Business24 Service will be changing effective from 30^th November 2015. The changes will come into effect with the relaunch of Business24, permanent tsb’s online banking service for business customers. The revised terms and conditions are available in all permanent tsb branches and online.

Details of the main changes are as follows:

New Definitions:

“2Factor Code” means the second code provided by the Bank to be used to confirm a transaction on the Business24Service which the Bank has deemed requires two factor authentication (and which may include without limitation standing order, direct debit, billing and payee maintenance) including any transaction on an Account where more than one signature is required to effect such transactions.

“Customer” means a person (being a sole trader, partnership, trustee, association, unincorporated body or incorporated body), who maintains an account with the Bank, and includes as appropriate the personal representatives, successors, authorised signatories and Users, and the permitted assigns of the Customer and each such person.

“BIC” means bank identifier code.

“IBAN” means international bank account number.

“SEPA Countries” has the same meaning as in the General Conditions, and “SEPA Country” shall be construed accordingly.

“SMS” means short messaging system or equivalent facility enabling users of Devices to send and receive text messages using those Devices.

“SMS Access Code” means the 5 digit password provided by the Bank to Users authorised to access the Business24Service via a text message or SMS Channel using a mobile Device and sent to the User via SMS to the mobile Device number which the User has registered with the Bank.

“Business Day” means a day (other than a Saturday, Sunday, public or bank holiday) on which the Bank is generally open for business in Ireland, provided that in relation to execution timeframes for a payment to an account with another bank, it is also a day on which the Payee’s payment service provider is open for business and a day on which the Target interbank payment system is operating. A “Non-Business Day” shall be construed accordingly.

“Device” means any device or equipment approved by the Bank to access and use the Business24 Service including, but not limited to, personal computer, mobile phone, laptop, kiosk, telephone, tablet or any other such device or equipment.

“Unique Identifier” means a combination of letters, numbers or symbols used to identify the bank account of the payee when processing a payment and usually include the payee’s BIC and IBAN.

Reference to “2 Factor Code” and “SMS Access Code” has been included in the following conditions: 1.4, 2.1 (5th bullet point), 3.2, 3.4, 3.5, 3.6, 4.1, 4.2, 4.3, 5.1 and 6.2.

Further amended or new conditions include the following clauses which will read as follows:

1.3 These Conditions apply to the use of the Business24 Service and (unless otherwise agreed in writing to the contrary) apply in addition to the General Conditions and are deemed to be incorporated into and to form part of the General Conditions and any relevant agreement with the

Bank relating to the Business24 Service. In the event of any inconsistency between these Conditions and the General Conditions, these Conditions shall prevail.

1.4 Without prejudice to paragraph 1.3 above, where a Customer or User is authorised to use the Business24 Service:

• References in the General Conditions to “Security Features” shall be deemed to include the Business24 Number, PAN, 2Factor Code, SMS Access Code, Internet Password and Registration Card as defined in these Conditions;
• Condition 16 of the General Conditions shall apply to instructions issued through the Business24 Service, and references in Condition 16 to Open24 Service shall be read as references to the Business24 Service.

2.1 The Business24 Service may be accessed and utilised by a User where:

• The Customer has completed and submitted to the Bank an Account Mandate and/or requested registration and complied with the registration process of the Bank;
• The User has received from the Bank a Registration Card (this bears the User’s Business24 Number and indicates the Bank’s acceptance of the Customer’s Account Mandate and/or request for registration);
• 1 Business Day has elapsed from the issue of the Registration Card.
• The User has created a PAN in accordance with the Operating Instructions; and
• The User has created an Internet Password in accordance with the Operating Instructions and /or if they wish to avail of SMS Channel access, have received an SMS Access Code from the Bank;
• The User has satisfied any applicable authorisation and / or security
• requirements;
• The User has satisfied the Bank with respect to identification under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) in respect of anti-money laundering
• The User has accepted these Conditions by accepting them on the first logon by the User. The Bank may in its absolute discretion, without assigning any reason, refuse to accept an Account Mandate and/or request for registration.

6.3 The Customer shall ensure that all instructions given by a User to the Bank through the Business24 Service are accurate and complete. This may include providing all necessary Unique Identifiers to enable the payee’s bank and the payee’s bank account to be identified. Where applicable, prior to confirming any instruction (whether issued by that User or another User), each User shall ensure that the instruction is complete, accurate and correct. The User is responsible for the accuracy of each instruction which it gives or confirms, and the Bank is not responsible for any delay or error which arises from incomplete, unclear, inconsistent or mistaken instructions which a User gives to the Bank. Where a User gives incomplete instructions (for example, where the receiving bank’s Unique Identifier and its name and address details do not match), the Bank shall not be liable for acting or not acting in accordance with any part of those instructions.

6.6 The Customer shall forthwith notify the Bank of the cancellation of a User’s authorisation to access the Business24Services, such notification shall be given by:

• Fax to a Bank branch; or
• in writing either by personal delivery or post to a Bank branch.

Upon receipt of such notice the Bank shall as soon as practicable disable such User’s Registration Card, PAN and Internet Password without prejudice to any action taken by the Bank on the basis of instructions processed by such User prior to disabling.

7 NORMAL CONDITIONS CONTINUE TO APPLY

The Business24 Service is a method of accessing and utilising Internet services provided by the Bank. Accordingly, save to the extent that these Conditions provide otherwise, all Account Mandates relating to the Accounts and all General Conditions applicable to the Accounts remain in full force and effect and the Customer will ensure that Users comply with such Account Mandates and General Conditions. In particular:-

• the User may not use the Business24 Service to withdraw funds from an Account without giving the period of notice required by the terms applicable to the Account. Accordingly, any instruction for a Funds Transfer, a Third Party Funds Transfer, a Bill Payment or other transaction involving a withdrawal from an Account received through the Business24Service will require the User to give the notice of withdrawal required for the Account in order to enable the Bank to complete the instructions. Failure to do so may result in a delay in the execution of the instruction or, at the Bank’s discretion, a charge payable by the Customer to the Bank.
• the User may not use the Business24 Service to create any indebtedness to the Bank or cause any overdraft or other limit to be exceeded unless the Bank has previously agreed that indebtedness or limit. Accordingly, any instruction for a Funds Transfer, a Third Party Funds Transfer, a Bill Payment or other transaction involving a withdrawal from an Account received through the Business24Service will require the Customer to have sufficient cleared funds in the Account or a sufficient overdraft or other limit available on the Account in order to enable the Bank to complete the instruction.
• where in accordance with an Account Mandate a transaction (or type of transaction) on an Account requires more than one signature to effect such transaction, the requisite number of Users as per the Account Mandate will be required to effect the transaction (or type of transaction) using the Business24 Service.

8 (last bullet point)- Bill Payments will take one Business Day to reach the Bill Payees’ account.

11.3 Upon receipt of statements of account issued by the Bank from time to time to the Customer, the Customer shall examine them carefully and report any errors or omissions to the Bank without undue delay in accordance with Condition 17 of the General Conditions. The statements of account shall be conclusive evidence of the correctness of the entries recorded therein, subject to the provisions of Condition 17 of the General Conditions.

13.1 The Business24 Service may be terminated by the Customer giving written notice to the Bank.

13.2 The Bank may on notice to the Customer terminate the Business24 Service forthwith:

(a) on giving 2 months written notice to the Customer;

(b) upon breach, non-performance or non-observance by the Customer or any User of any of these Conditions or the Operating Instructions;

(c) where there are serious grounds for doing so in the interests of maintaining security and the integrity of the system;

(d) upon the Bank receiving written notice of the death, bankruptcy, liquidation, receivership, examinership or other contractual incapacity of the Customer.

15 LIMITATION OF LIABILITY

The Bank’s liability in respect of transaction effected through the Business24 Service shall be governed by Condition 22 of the General Conditions.

16.2 The User acknowledges that any SMS it sends or receives from the Bank must pass through systems operated by mobile communication service providers, and by third party technology providers (each an “Aggregator”) routing SMS messages between the Bank and those mobile communication service providers. No message content is captured by the Aggregators. However the Aggregators will retain information in relation to the time and date of the SMS to or form any Device, as well as the mobile phone number associated with the Device. This information may constitute personal data of the User. Any such information will be protected by the Aggregator as confidential information and will only be used by the Aggregator on our instructions.

We will only use such information for the purposes of providing theBusiness24 Service and/or in the event of a dispute.

16.3 The Customer and each User accepts that the mobile communication service providers are obliged to store message content for a period of time for legal reasons. This obligation is covered in the terms and conditions of use published by the mobile communication service providers.

18 VARIATIONS OF THESE CONDITIONS

The Bank may at any time amend, supplement or replace these Conditions as a result of changes in the Bank’s policies, changes in technologies, to cater for new products, to comply with legal, taxation, or regulatory requirements or other circumstances affecting the Bank or the services it offers. Any such amendment, supplement or replacement shall be effective and binding on the Customer 2 months after notice of such amendment has been sent to the Customer by post, fax, e-mail or other electronic means or published in a national newspaper. The

Customer may of course, on receiving such notice, immediately terminate the use of the Business24 Service in accordance with paragraph 13.

A copy of the Terms and Conditions booklet is available in any permanent tsb branch and online.

Please note: If you do not accept these revised terms and conditions, you may terminate your agreement with us in accordance with your existing terms and conditions without additional cost subject to repaying all monies and charges due under the agreement including the accrued interest (but unpaid) on such amount up to the date of repayment. In the absence of any notice to the contrary, you are deemed to have accepted the changes as of the effective date of the notified changes.