It sets out the general terms and conditions of our personal and electronic banking relationship with you. These terms and conditions apply to each product and all services including the electronic banking services we agree to provide to you from time to time. They apply in addition to other documents including the product terms and the tariff booklet but they do not apply to any existing facility, product or service we provide to you to the extent that they are subject to separate terms and conditions.

The meaning of key words printed like this and other words used in our banking agreement (electronic or otherwise) is explained at the end of these Client Terms and at the end of the applicable product terms.

To discuss any aspect of our relationship please contact us at one of our branches, by using phone banking 00225 20 30 32 00 or by visiting our website www.sc.com. Standard Chartered is committed to complying with economic sanctions that are imposed by relevant regulatory authorities. As such, we do not allow our products and services to be used directly or indirectly in countries that are subject to such sanctions. Please note that you will not be able to contact us via phone banking, facsimile transmission, or emails, or access our website, and we will not be able to provide you with financial services if you are in these countries.

You acknowledge that there are inherent risks in conducting transactions over the internet or electronic networks and you have voluntarily assumed those risks.

1.1 We have a range of products designed to suit your personal banking needs, some of which may be accessed through our electronic banking services. The specific features of our products are available on request. Some products may not be available to you depending on your location. Depending on your location, some products may not be accessible through our electronic banking services.

Your electronic access to such products may be withdrawn, amended, terminated or suspended at any time without notice.

1.2 If you want to access or use a product in any manner including electronically, you need to complete an application to ask us to approve your use of it. Different eligibility criteria may apply to different products.

These may include minimum or maximum age or deposit amounts. Fees, commissions or other charges may apply for such access or use. We may refuse an application for any reason. Unless required by law, we do not need to give you a reason. You may contact your branch should you require further details about our products or our electronic banking services.

1.3 Our electronic banking services are available to you only after we have approved it for your use.

1.4 If we agree to provide a product to you and allow you to access or use a product through our electronic banking services, the terms on which you may use the product are called our “banking agreement”.

This is made up of the following documents for the product:

• the application;
• any letter of offer;
• these Client Terms;
• the product terms;
• our approval;
• the tariff booklet;
• any guidelines we issue in connection with use of the product (including guidelines for use of electronic banking services);
• any other terms and conditions that form part of our banking agreement as varied or replaced.

A separate banking agreement is entered into each time you and we agree that you may use a product. For example, if you accept a letter of offer for more than one product, a separate “banking agreement” is established at that time for each product on the terms set out, or referred to, in the letter of offer.

The terms of our banking agreement apply to each access or use of the product, including any access or use of the product through our electronic banking services, by you or any authorised person. If you or an authorised person does not agree with the terms of our banking agreement, you or they should not carry out the transaction or access any account. You are responsible for ensuring that each authorised person complies with our banking agreement and for anything an authorised person does in connection with our banking agreement. You must ensure that each authorised person is given a copy of the terms that apply to any product they use and this Client Terms.

1.5 If you are not a resident of Cote d’Ivoire, additional terms and conditions may apply as notified by us at

any time.

1.6 Transactions with any of our offices or group of companies outside Cote d’Ivoire are not protected by Cote d’Ivoire laws.

1.7 A reference to “terms and conditions” in forms, statements, brochures and other documents we provide is a reference to the relevant terms contained in our banking agreement. These Client Terms replaces all earlier general terms and conditions relating to banking services except where we advise you otherwise.

1.8 If there is any inconsistency between:

• the application and any other terms of our banking agreement, the other terms prevail; and
• these Client Terms and any specific terms (such as the product terms or any letter of offer), the specific terms prevail; and
• the English version of our banking agreement and any translation, the French version prevails.

We need not provide any funds to you or otherwise allow you to access or use a product or our electronic banking services if:

• we consider there may be a default;
• you have not satisfied any pre-condition to use set out in our approval, our letter of offer, the applicable product terms, elsewhere in our banking agreement or as we notify you at any time;
• you have not given us the security (if any) we require in addition to the security set out in Part I (Security);
• we consider that you or any security provider may not be able to satisfy your obligations to us under our banking agreement or any security. We may determine this is the case if, for example, there has been a change in your or a security provider’s financial position since the date of your application;
• we advise you that funds can only be provided or the product can only be used during a specified period (called the availability period), and that period has expired;
• your request for funds exceeds the applicable limit;
• it is illegal in your country to use encryption devices or software to secure communications over the internet;
• you trade in rough diamonds
• you have not provided us with all other documents and information we reasonably request;
• you or any security provider give us any incorrect, incomplete or misleading information or make an incorrect or misleading representation or warranty.

In addition, for some products we need not provide funds to you or otherwise allow you to use the product in any manner, including through our electronic banking services, if we decide not to do so (see the applicable product terms).

We may review the terms of our banking agreement (including the product terms and your conduct under our banking agreement) annually or at any time. Even if there is no default, we may (subject to applicable law), at any time:

• terminate or cancel our banking agreement;
• vary any limit or interest rate applying to the product or vary the term of the product;
• require additional security;
• otherwise vary the terms of our banking agreement.

If we vary these Client Terms, we will post the amended terms at www.sc.com. You should check the foregoing website frequently. Once posted, we will treat your subsequent use of our services and products as your acceptance of the variation.

Account operating authority

4.1 When you apply for a product, you must give us account operating authority details:

• for all authorised persons; and
• or joint accounts, the method of operation (either, any one accountholder to give instructions or all accountholders to give

instructions jointly). If no method of operation  is specified, any one accountholder may operate the account. If on a joint account you require more than one accountholder to sign, then you may view (but not give instructions on) the account using an electronic banking service if each relevant accountholder approves the relevant access.

4.2 We act on the account operating authority until you vary (by removing or adding authorised persons) or cancel it. If you want to vary the account operating authority by changing either the authorised persons or the method of operation, or cancel the account operating authority, you must give us instructions in writing. On receipt of the instructions, we vary or cancel the account operating authority. The variation or cancellation becomes effective within seven banking days after we accept your instructions. We may continue to act on the existing account operating authority until the variation or cancellation becomes effective.

4.3 We honour for payment all cheques and other instruments signed in accordance with the previous authority if they are dated before, but presented after, we have processed the instructions.

4.4 We rely on any instructions given by an authorised person in accordance with the account operating authority.

4.5 An authorised person must use the same signature for all products as used on the account operating authority. Scope of account operating authority

4.6 Except to the extent you may limit the authority of an authorised person, each authorised person may act on the account. Depending on the product, an authorised person may:

• draw cheques;
• overdraw to any extent permitted by us;
• withdraw money in any manner;
• give and cancel authorities in our usual form for periodical payments;
• stop a payment of a cheque drawn on the account;
• access and operate the account using an electronic banking service in accordance with our banking agreement;
• obtain statements of account and any information required concerning the accounts generally;
• obtain cheque books and endorse cheques or other instruments payable to your order or if it is a joint account, payable to any one or more of you; and
• elect on your behalf to receive eStatements and notices electronically (instead of by mail), and cancel that election.

Conducting an account in joint names

4.7 Unless otherwise agreed with us when a joint account is opened:

• operations on the account are governed by the account operating authority;
• we need not enquire into the circumstances of any instructions any of you may give in connection with the conduct of the account;
• we are authorised to accept for credit of the joint account, any cheque or other instrument payable to one or more of you;
• each of you is liable to us jointly and separately for the balance owing (including if we permit an overdrawing);
• if the account operating authority is “single signing authority” and any one accountholder instructs us to stop accepting instructions from any other accountholder, or different accountholders give us conflicting instructions, we may suspend the operations on the account until we receive confirmation from all accountholders;
• if the account operating authority is “single signing authority” and we are notified that an accountholder becomes insolvent or incapacitated, we may suspend operation of the account until we are satisfied that all other accountholders are aware of the circumstances and the legal representatives of the affected accountholder has provided us with the information we require to resume operations on the account;
• if the account operating authority is “both/all to sign” and we are notified that an accountholder becomes insolvent or incapacitated, we accept instructions only from the affected account holder’s legal representative and all other account holders; and
• if one of you dies, the surviving accountholder may give instructions and obtains title to the account.

4.8 If one joint accountholder dies, the obligations of the surviving accountholder and our rights (including set off) under our banking agreement are not affected.

Authorisation

5.1 You authorise us to act on instructions from you or any authorised person (including any instructions we believe to have been given by you or an authorised person).

You acknowledge that for electronic banking services, we may require use of a security code and use of a security code is evidence that the instruction is authorised by you or an authorised person. However, also see clause 18 (Liability for transactions).

5.2 You agree that the use of security codes is adequate identification of you. We are entitled to act on instructions (provided using the security codes) without obtaining any further written or other confirmation from you. You agree that we will not be liable for taking such action unless you had notified us before such unauthorised instructions were given to us that your security codes are or might be known to someone else.

Form of instructions

5.3 Instructions must be given in writing. However, we may accept instructions by telephone, fax or through any electronic banking service if you produce any documents we require.

You are responsible for ensuring the timeliness, accuracy, adequacy and completeness of all instructions given by you. We will not be liable for any loss or damage as a result of:

• your instructions to pay or transfer funds being late, inaccurate, inadequate or incomplete; or
• any third party refusing or delaying to pay or transfer the funds to the account of the intended payee.

5.4 You acknowledge that email is not a completely reliable or secure method of communication. You must not use it to send us:

• notices in connection with any of our banking agreements; or
• sensitive communications, such as payment instructions. Payment instructions should be sent through the electronic banking service connected to your account.

5.5 You acknowledge that all instructions given (and our records of those instructions) in electronic form are original documents in writing. You agree not to challenge their validity, admissibility or enforceability on the basis they are in electronic form.

5.6 You must ensure your account has sufficient funds for the purposes of giving instructions to us.

5.7 All instructions cannot be reversed and are binding on you.

5.8 When we receive a transaction instruction from you, we will debit any payment plus any charges payable for the transaction from your account.

5.9 Contact us if you need to confirm that an instruction has reached us and that it will be carried out by a particular time.

5.10 We will be deemed to have received or executed your instruction only when you have received our confirmation that we have received or executed such instructions.

How we may act

5.11 We may:

• act on incomplete or unclear instructions if we reasonably believe we can correct the information without referring to you or an authorised person. Otherwise, we may refuse to act on incomplete or unclear instructions;
• act on instructions which conflict with each other and determine the order of acting if multiple instructions are received;
• specify conditions on which we accept any instructions;
• verify any instruction we receive by contacting you;
• require written confirmation from you of a particular instruction;
• we may reverse any action taken on the basis of an instruction if our internal checks indicate that the instruction was not from you. We will not be responsible for any loss to you that results from such reversal;
• act in accordance with our usual business practice and procedure and we need only accept instructions if we consider it reasonable and practicable to do so. For example, we may refuse to act if an instruction may involve a breach of our policy, any security procedure or any law or requirement of any authority (including any economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official body including, but not limited to, Her Majesty’s Treasury, the Central Bank of West Africa (BCEAO) , West African monetary Union (WAEMU), result in an account being overdrawn, appears to conflict with another instruction from a joint accountholder, or if we genuinely believe or suspect the instruction is unauthorised.

5.12 We will not execute your instructions, and will not be responsible for any loss resulting from such non-execution, if on the stipulated date of execution:

• there are insufficient funds in your account to execute your instructions; or
• your account does not contain sufficient funds to pay any charges, fees, interest or other sums that may be payable by you to us;
• you did not correctly use the electronic banking services;
• circumstances beyond our control prevent your instructions from being carried out despite reasonable precautions taken by us;
• the funds you instruct us to transfer or pay exceeds your personalised daily transfer limit or the category limit imposed on your account, whichever is lower;
• your account or any funds in your account have been put on hold;
• an order of court or any applicable law prohibits us from carrying out your instructions;
• our policy, security procedure or requirement of any authority (including any economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official body including, but not limited to, Her Majesty’s Treasury, the Central Bank of West Africa states (BCEAO), West African Monetary Union (WAEMU) or any country prohibits us from carrying out your instructions; or
• your account is closed, frozen or inaccessible for any reason.

5.13 We may impose a service charge on unsuccessful applications to transfer funds or pay bills in the event this is due to the circumstances set out in the first 2 sub-points of clause 5.11 above. You will also be responsible for any charges imposed, or any other action taken, by a receiving bank or payee or an intended receiving bank or payee if any of the circumstances in clause 5.11 apply.

Payment instructions

5.14 You authorise us to act as the instructing financial institution to send your payment instructions (for example a cheque, traveller’s cheque, money order other similar instrument). You also authorise us or any third party who receives the payment instructions to act on them as if you had sent the payment instructions directly to them. Inability to process.

5.15 If we cannot process your instructions, we will, where possible, attempt to notify you of this.

Timing.

5.16 If we receive an instruction on a nonbanking day or after our “cut-off time” for a product, we may treat it as having been received on the next banking day.

Stopping or reversing a transaction

5.17 If we are instructed in writing to stop or reverse a transaction, we will attempt to do so. However, we are not liable for any loss you incur if we cannot do so. You will pay us for any costs we may incur in trying to stop or reverse a transaction.

Risks

5.18 You acknowledge and accept the risks of giving instructions by telephone, fax or through any electronic banking service (including the risk of technical malfunction in your or our electronic equipment,

the risk of any instructions being unauthorised or given by an unauthorised person, the risk that we may process instructions twice if you send the same instructions to us in different forms and the risk that any information sent by electronic banking services cannot be guaranteed to be secure or free from virus, delay or any other third party attacks). In particular, we will not be responsible for wrongful instructions caused by malware in your computer or device; or man-in-the-middle attacks.

Instructions from us

5.19 You and each authorised person must follow our instructions in connection with accessing or using a product and comply with all applicable laws.

6.1 If you or an authorised person makes any withdrawal, payment or other transaction on an account (including by cheque or use of a card or electronic banking service) or any other debit is made to the account which would result in:

• a debit (or negative) balance in the account; or
• any agreed overdraft limit applying to the account under a line of credit or other loan facility being exceeded,
• this is known as overdrawing the account.

6.2 We need not:

• accept any instruction or allow any withdrawal or transaction or honour any cheque or other instrument drawn on an account, which would cause an account to be overdrawn; or
• transfer funds from any other account to the overdrawn account in order to effect the withdrawal or transaction.

6.3 We may (but need not) allow an account to be overdrawn (even if no request has been made for an overdraft) if we believe that an overdraft is necessary for us to carry out instructions from you or an authorised person.

6.4 If we allow an account to be overdrawn:

• this only applies for that particular instruction and this does not mean that we will allow a similar overdraft in the future;
• the amount by which the account is overdrawn is treated as an advance by us to you and you owe us a debt equal to that amount;
• when we ask, you must repay that advance and any interest which is calculated in accordance with our usual practice and at the interest rate we notify you.

Contact information

7.1 You must give us in writing your address, telephone, fax number, email address and mobile phone number for receipt of notices and other communications in connection with our banking agreement. If these details change you must give us reasonable advance notice in writing before the change has taken place. If you intend to live outside Cote d’Ivoire you must immediately notify us.

Form of notices and communications

7.2 Unless otherwise provided in our banking agreement, notices and communications shall be sent to the address, telephone number, fax number, email address or mobile phone number last notified. You authorise us to send notices and communications to you in connection with our banking agreement electronically including by fax, email, SMS or via the online banking inbox.

7.3 In some cases, our notices and communications may be made as public announcements in daily newspapers, posted at any of our branches, our ATMs or on our website. When notices and communications to you are effective.

7.4 Unless otherwise provided in our banking agreement, our notices and communications to you are effective:

• if sent by fax, at the time shown on the transmission report as being successfully sent;
• if delivered personally, at the time of delivery;
• if sent by post within Cote d’Ivoire, two banking days after posting;
• if sent by post outside Cote d’Ivoire, five banking days after posting;
• if sent by email or SMS, four hours after we send it unless we receive a delivery failure receipt;
• if delivered via the online banking inbox, 24 hours after we send it; and
• if published in daily newspapers, posted at any of our branches, our ATMs or on our website, at the time of publication or posting.
• When notices and communications to us are effective

7.5 Your notices and communications are effective when we actually receive them in legible form and only if they are expressly marked for the attention of the department or officer identified by us (or any substitute department or officer as we notify you).

7.6 You should give us any other formal notice in connection with the electronic banking services in writing to any of our branches in the country where you maintain an account.

Recording of telephone conversations

7.7 Subject to any applicable law, you consent to us recording our telephone conversations with you or an authorised person (and you confirm you are authorised to provide consent on behalf of the authorised person). We may inform that person when we do. We may use the recorded conversations or transcripts in any dispute in connection with our banking agreement.

Digital signatures

7.8 Instructions and communications digitally signed and supported by a digital certificate have the same validity, admissibility and enforceability as if signed in writing.

7.9 Any notice or communication that is digitally signed must comply with any applicable law.

Electronic contracts

7.10 You are satisfied that electronically executed contracts are enforceable despite the legal risks associated with them.

7.11 You must not dispute the contents of any notice or communication (including any application) sent to us using electronic equipment.

Notices and communications to joint accountholders

7.12 If you are joint accountholders, notices and communications (including notices of any variation to our banking agreement and any statements (including any consolidated statements) sent to the address you have notified us as the address for receipt of notices and other communications in connection with our banking agreement are taken to be given to all of you.

7.13 All communications, including communications through the electronic banking services, which meet our internal requirements shall be deemed to be valid, accurate and authentic.

Phone banking

7.14 When using phone banking, if you ask and we quote any exchange rate or interest rate to you, the rates are for your reference only and are not binding on us unless we later confirm the rates in writing.

7.15 You must ensure your account has sufficient funds for the purposes of giving instructions using phone banking

Overview

8.1 Electronic banking services are a range of banking and other services or facilities that use electronic equipment and include:

• online banking
• ATM and debit card services
• Banking services provided via cash

deposit machines

• SMS banking
• electronic alert
• mobile banking
• phone banking
• fund transfer services
• point of sale banking
• eStatements
• other e-commerce or value added services.
• Please contact us for details of the electronic banking services available to you.

Using electronic equipment

8.2 When a transaction is made with electronic equipment using a security code, you authorise us to act on the instructions entered into that electronic equipment. We treat use of a security code as evidence that you or an authorised person issued the instructions.

Problems with instructions

8.3 If it is not possible to direct an electronic banking service to a specified account in accordance with the instructions you or an authorised person gives through the electronic equipment, we may direct it to any account that is linked to a security code.

Availability

9.1  Electronic banking services, and certain facilities under the electronic banking services, may be available only for certain types of accounts or products and not others. You accept that there are certain facilities and services that cannot be accessed through our electronic banking services.

Eligibility

 9.2 You and each authorised person must be at least 21 years of age to use electronic banking services. However, if we permit you or an authorised person to use electronic banking services even though you or they are below 21 years of age, this does not affect our rights under our banking agreement.

Preconditions to use

9.3 We only make an electronic banking service available if:

• you are recorded as the legal and beneficial owner of an account and use of the electronic banking service for such account is acceptable to us;
• you have registered our electronic banking service. Contact us to arrange this; and
• you and each authorised person has complied with the activation procedures we specify.

Guidelines

9.4 If we issue any guidelines in connection with the use of any electronic banking services, the guidelines must be followed whenever anyone accesses or uses the electronic banking service. We are not liable for any loss you incur as a result of any failure to do so.

Limits

9.5 Electronic banking services may be limited to specific amounts set by law or by us or by the owner or operator of the electronic equipment. For example, there are maximum and minimum daily withdrawal amounts that may vary.

Application of terms

9.6 These terms apply to your use of an electronic banking service whenever you subscribe for the electronic banking service even if you subscribe after you begin to use a product.

Joint accounts

9.7 If the operating authority for a joint account is “single signing authority”, you agree that:

• all joint accountholders may operate the account using the electronic banking services in accordance with these Client Terms (even if you are not registered to use the electronic banking services); and
• any single joint accountholder may validly give instructions by the electronic banking services in connection with the joint account.

Operating times and availability

9.8 The electronic banking services are usually available for use during normal operating hours or at the times set out in any applicable guidelines or otherwise notified to you. However, routine maintenance requirements, excess demand on the systems and circumstances beyond our control may mean it is not always possible for the electronic banking services to be available during all normal operating hours, which you accept.

9.9 The availability and proper functioning of electronic banking services depends on many variable circumstances, including location, mobile network and internet availability, signal strength, and proper functioning of hardware, software, your mobile network operator, mobile phone and computer.

Software compatibility

9.10 When you use our electronic banking services we may provide your system with electronic banking software which may be needed for you to operate such electronic banking services. Alternatively, the electronic banking software may be supplied to you in some other way. It is your responsibility to ensure that the electronic banking software, if supplied to you, is compatible with your system. We shall not be responsible for any loss or damage you suffer as a result of any incompatibility between the electronic banking software and your system.

Ownership Rights in connection with the electronic banking software and other

information

9.11 If supplied, you will have a nonexclusive, non-transferable, temporary licence to use the electronic banking software only for the purpose of accessing the electronic banking services. The electronic banking software contains valuable information that belongs to us or others. You must not transfer, modify or tamper in any way with the electronic banking software.

9.12 You are responsible for complying with the local laws of the country from which you use the electronic banking software.

Access

9.13 When you use electronic banking services you must:

• not access the electronic banking services using any electronic equipment not owned by you or which is not licensed or authorised to use; and
• take all reasonably practical measures to ensure that any electronic equipment from which you access the electronic banking services is free of and adequately protected against any computer virus or other malicious software.
• As the electronic banking services can be accessed through the internet, other communication channels or, as the case may be, public systems over which we have no control, we will not be responsible for any loss or damage suffered by you or them as a result of any computer viruses, Trojan horses, worms, software bombs, malware or similar processes arising from your use of the electronic banking services through the internet or those other communication channels or public systems.

Unauthorised overdrafts

9.14 You cannot rely on the operation of The electronic banking services to prevent an unauthorised overdraft being created.

For example, you must remember that cheques and any payment instructions you or an authorised person has given using the electronic banking services may not be given immediate value or immediate effect and might not always be immediately reflected in the balance owing.

9.15 You must not use the electronic banking services to create an unauthorised overdraft on your account and we are entitled to refuse to accept any instruction that would do so. If an unauthorised overdraft is created, we may take any action we think fit and charge any interest and charges to the account in question.

Information provided at ATMs not conclusive

9.16 Information provided at ATMs in connection with your account (such as your credit or debit balance) may not reflect the balance owing at that time.

Electronic alerts

9.17 The electronic alerts available are:

9.18 We may vary the types of electronic alerts available without notice to you. They are sent only when available and practicable.

9.19 We will send the electronic alerts to either your mobile phone number or an email address you provide. In the event you want to make any changes to your mandatory alerts, this must be done by through our contact centre.

9.20 To receive electronic alerts you will need to select and set the preferences through a Standard Chartered ATM by logging into your online banking account or by submitting an application in the prescribed format.

 Suspension

9.21 We may suspend any electronic banking service temporarily at any time for maintenance and upgrading of services.

Fees and charges

 9.22 We may charge you fees and charges for the electronic banking services. We can change these fees and charges by giving you at least 30 days notice. If we give you such a notice, you will not have to pay any proposed increase as long as you cancel your use of the electronic banking service during the 30-day notice period. However, your continued use of the electronic banking service after the 30-day notice period shall be conclusively deemed to be your acceptance of such changed fees and charges.

9.23 In addition to any fees and costs you must pay us, you must pay any fees or charges imposed by the provider of the electronic equipment and your telecommunications provider for using the electronic banking services.

Variations

 9.24 We may at any time:

• vary the way any electronic banking service operates; or
• add to, remove or otherwise vary, end or suspend any of the facilities available under any electronic banking service.

9.25 You and each authorised person are taken to be bound by any variation to the operation of an electronic banking service if you or they continue to access the electronic banking service after we notify you of the variation.

Ownership of software

 9.26 If we allow you to use any electronic banking service software, we grant you a non-exclusive licence to use the electronic banking service software only for the

purpose of accessing electronic banking services. The electronic banking service software is valuable property which belongs to us or others.

9.27 You must not:

• take copies, sell, assign, transfer or otherwise deal with the electronic banking service software or your licence to use it; or

• attempt to decompile, reverse engineer, input or compile any of the electronic banking service software.

9.28 If you access electronic banking services in a country other than Cote d’Ivoire, you must comply with the laws of the other country including obtaining any licence you need to take the electronic banking service software into or out of the country.

10.1 We may restrict access to mobile banking and SMS banking. For example, for some products we may not offer it to accountholders or cardholders who are minors or joint accountholders.

10.2 Mobile banking and SMS banking are only available for mobile phones and similar devices with data connections which meet the specifications and configurations we specify. You must obtain and maintain a mobile phone and data connection which meet these requirements at your own expense.

10.3 You may have to apply to us for use of mobile banking or SMS banking by online banking or by any other method as stipulated by us.

10.4 We may take up to a maximum of 7 banking days from the date of receipt of your application to activate mobile banking and SMS banking.

10.5 Any transaction made through your mobile banking user ID shall be deemed to have originated from you if the correct login password was submitted.

10.6 The mobile app and the information or materials obtained via the mobile app and mobile banking are granted to you by us for your sole use on a non-exclusive and non-transferable basis.

10.7 Mobile banking and SMS banking are available to you only if you are within the cellular or mobile network service range of the particular cellular or network service provider providing services to you. We are not responsible for your inability to use mobile banking and/or SMS banking if you are not within such network service range.

10.8 You agree to pay us and any third party telecommunication providers all applicable rates and charges related to your use of mobile banking or SMS banking, and we shall debit from your account any unpaid rates and charges.

10.9 We may change the layout, form and wording of any of our mobile apps or screens and in particular, those on which our mobile banking is provided.

 Setting preferences and receiving alerts

10.10 We may not give effect to any preferences if we have reason to suspect that the preferences are not genuine, are improper or unclear.

10.11 Your mobile phone number and email account must be active and accessible to receive electronic alerts. You acknowledge that if your mobile phone number or email account remains inaccessible for a continuous period, you may not receive electronic alerts sent during such period. Mobile and SMS banking are dependent on the infrastructure, connectivity and services provided by service providers engaged by us or you. You therefore accept that timeliness, accuracy, and/or readability of electronic alerts will depend in part on this third party service providers. We are not responsible for non-delivery or delayed delivery, error, loss or distortion in transmission of electronic alerts if this is due to the fault of such service providers.

11 Fund transfer services by electronic banking services

11.1 This clause 11 applies only if the respective services are available under the fund transfer services for your type of product.

11.2 You and each authorised person may use electronic banking services to access the following services for the purposes set out below:

11.3 We reserve the right to select the agent, where necessary, to effect the remittance to places where we do not have a presence.

11.4 Encashment of the remittance is subject to our internal policies and guidelines as well as the laws and regulations of the country where encashment is to be made. In this respect, you must comply with all anti-money laundering and antiterrorism laws. Neither we nor the agents are responsible for any loss or delay caused by such laws and regulations.

11.5 If you require a refund of the remittance amount, we refund you at the prevailing buying rate for the relevant currency less al charges and expenses.

11.6 We will determine the order of priority in executing your instructions to transfer funds and any other existing arrangements or instructions you may have made with or given to us.

11.7 We cannot guarantee the time at which the receiving banks will credit the account of your payees. You are responsible for initiating your transfer instruction to us sufficiently in advance of the due date of your transfer to avoid incurring a finance charge or other charges.

11.8 The rate of exchange applying to each electronic fund transfer transaction is our prevailing rate of exchange for the relevant currencies at the time that such transaction is processed, and not at the time the instruction is entered by you. You must indemnify us for any shortfall arising from such conversion.

11.9 If you use any of our funds transfer services:

• You must register each recipient using online banking before you may make an online funds transfer to the recipient. You are solely responsible to ensure that all the information provided with respect to the online funds transfer is true and accurate; and

• The rate of exchange apply to each online funds transfer is our prevailing rate of exchange for the relevant currencies at the time the online funds transfer is processed, and not at the time the instruction is entered by you.

11.10 We will not be liable for any loss incurred as a result of you not complying with any of your obligations or responsibilities , with respect to our fund transfer service. We reserve the right to revise all funds transfer charges without notice.

 Fund transfer limits

11.11 You and each authorised person may issue as many instructions to transfer funds in any one day as you wish. However, you and each authorised person may only issue instructions to transfer up to the category or personalised limit per day.

11.12 The category daily limit may differ for different types of fund transfers and different types of accounts. The limits may also be applied on an aggregated basis between different fund transfer services. For details of the preset limits, see our website.

11.13 You may lower the preset limit for accounts by online banking. Your personalised limit applies to all accounts.

11.14 You may increase the limit after lowering it (subject always to the ceiling of the preset daily limit) you may do so online as set out on our website. Alternatively, please contact us.

11.15 Each International Telegraphic Transfer Service transaction is subject to minimum and maximum transfer amounts per transaction, as set out on our website.

Bill payment services

11.16 If you use the bill payment services, we may give reports to payees, listing all users of the electronic banking services who have made payments to the payee and the respective amounts paid by each of those users. You consent to us to disclosing to the payee any information required in the reports.

11.17 We may provide a report on a daily or other regular basis to all payees. This report will list out all the users of the bill payment services who have made payments to that payee and the respective amounts paid by each of those users to that payee.

11.18 Neither you nor any authorised person may issue instructions which would cause any limit we set for the bill payment services to be exceeded.

11.19 Payees may only receive payments after any minimum processing time we set.

International Telegraphic Transfer Service

11.20 If you or an authorised person uses the International Telegraphic Transfer

Service:

• you or they must register each recipient using online banking before you or

they may make an online telegraphic transfer to the recipient. Once a recipient

has been registered, you are solely responsible to update any changes to the

recipient’s particulars (excluding name or identity particulars) by the electronic banking

services. We are not liable for any loss which may result if you fail to update the

recipient’s particulars before making an online telegraphic transfer; and

• the rate of exchange applying to each online telegraphic transfer is our prevailing rate of exchange for the relevant currencies at the time the online telegraphic transfer is processed, and not at the time the instruction is entered by you or the authorised person. When we need not execute fund transfer instructions

11.21 We need not execute any fund transfer instruction if on the date set for effecting the fund transfer:

• there are insufficient funds in the source account to make the fund transfer; or
• you or an authorised person did not correctly use the electronic banking services;
• an order of court or any applicable law prohibits us from executing the fund transfer instructions;
• our policy, security procedure or requirement of any authority (including any economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official body including, but not limited to, Her Majesty’s Treasury, the

Central Bank of West Africa states (BCEAO), West African monetary Union, West African monetary Union (WAEMU)  or any country prohibits us from executing the fund transfer instructions; or

• circumstances beyond our control prevent the fund transfer from being carried out, despite reasonable precautions taken by us.

12.1 You may elect to receive eStatements by one of the following methods:

You may switch the manner in which you receive eStatements by contacting us.

12.2 Despite the features or options offered at the time you first register to receive eStatements, we may stop issuing paper printouts of your statements at any time. However, if you ask, we agree to give paper printouts on the basis that you pay the applicable fee (see the tariff booklet or contact us).

12.3 You are taken to receive each eStatement within 24 hours of the eStatement or eStatement notification being sent by us.

12.4 You must use only software compatible with the eStatement service to access the eStatement.

13.1 We are not responsible for any services that are not controlled by us, whether such services are available electronically or otherwise and we are not liable for any loss you incur in connection with that service. You are responsible for complying with all the terms and conditions of using that service and paying all the costs in connection with it.

13.2 We may offer incentive programmes or value added services in connection with our services. These may be provided by us or a third party. We may vary or withdraw the programmes or services at any time. We do not guarantee or warrant their quality and, if they are provided by a third party, they are provided on the terms offered by the third party (including the third party’s privacy policies). Please contact us if you want to find out more information about the terms of the programmes or services.

We may agree to issue ATM cards, debit cards, credit cards or prepaid cards. This clause sets out general provisions which apply to these types of cards. Additional terms apply to specific types of cards (see these Client Terms and the applicable).

Issue of cards

14.1 We may issue a card to you and, if you ask, to each authorised person.

14.2 A reference to terms and conditions on a card is a reference to the terms of our banking agreement.

Card is our property

14.3 The card remains our property and is not transferable to another person. We may suspend the use of the card without notice to you. You must ensure that the card (and, if applicable, any software stored on it) is not defaced, damaged, bent or modified, reverse engineered or decompiled, in any way.

Signatures

14.4 A card must be signed immediately on receipt unless otherwise not required by us.

14.5 You must ensure that the signature of the authorised person on the card is the same as on the account operating authority. However, if we accept a different signature, you remain liable for the transaction.

14.6 When a card is used the signature on any sales draft, credit voucher or other transaction record is binding and conclusive evidence that you have accepted the fees or charges which are charged to a linked account. You should keep the transaction records that you or any authorised person are given.

 Use of cards

14.7 Cards may be used to pay for goods and services to access cash or perform other transactions we notify. However, where a particular function is permitted, this is limited to particular channels as advised. For example, paying for goods and services and accessing cash may be limited to merchant terminals or ATMs which display the relevant card logo.

14.8 A cardholder may use a card to authorise transactions in any manner we permit. This may include use of the card number without the physical card.

Transaction limits

14.9 We or other financial institutions may impose transaction limits on different types of transactions which may be made using a card. For details of the limits we impose, please contact us.

Your liability

14.10 Except as otherwise set out in our banking agreement, you are liable for all transactions made using a card or the card number.

Expiry date

 14.11 You must not use a card after:

• its expiry date; or
• the date we notify you of its cancellation or replacement.

 Restrictions on use of a card

14.12 Neither you nor any authorised person may use a card:

• for any unlawful activity (including a purchase of goods or services that is illegal or prohibited by the laws of Cote d’Ivoire or by the laws of the country where the purchase is made); or

• to pay debts incurred in connection with on-line gambling, wagering or betting activities conducted via internet.

14.13 We may refuse to approve transactions made using a card if we believe or suspect the transactions are illegal, fraudulent, dishonest or unauthorised.

However, we need not determine or enquire into the purpose or legality of the transaction.

 Overdrafts on linked account

14.14 Neither you nor any authorised person may use a card for a transaction if it would cause a linked account to be overdrawn. If the linked account is overdrawn, we may refuse to approve the transaction.

Replacement and renewed cards

 14.15 If, for example, a card is damaged, and you or an authorised person asks, we may issue a replacement card. You must pay the applicable fees (see the tariff booklet or contact us).

14.16 We treat any use of a replacement or renewed card as a valid activation of the card.

Features on a card

14.17 We may enter into arrangements with third parties (including service providers and merchants) to offer additional services or features on your cards. If offered, these are provided on a best efforts basis only. We are not liable for any loss you suffer in connection with these services or features.

14.18 We are not liable for the loss or inaccuracy of any information stored on a card.

Cancellation or expiry

 14.19 You may cancel a card by giving us notice in writing. You must immediately destroy any cancelled or expired card.

 Refunds

14.20 A merchant must issue a valid credit voucher to make a refund for goods or services purchased by using a credit card. We can only credit the linked account with the refund when we receive the voucher or other notification from the merchant’s bank.

Disputes with merchants

 14.21 We are not liable for:

• the refusal of any electronic equipment or merchant to accept the card; or
• any defect or deficiency in goods or services supplied to you by any merchant.

You must resolve any complaint directly with the merchant and no claim against the merchant may be set off or claimed against us.

Withholding payment

 14.22 If you report unauthorised transactions on your credit card, you may withhold paying the disputed amount until we complete our investigation. You must pay the disputed amount if your report is proved to be unfounded. We may impose late fees on the disputed amount.

Exchange rate

14.23 Non-local transactions are converted to local currency at a rate we reasonably consider appropriate, which may be a rate set or resulting from procedures adopted by a third party. For example, if the card is a Visa or MasterCard card, conversion is done using US dollar as the base currency on the date the transaction is received by us or processed, at the exchange rate and at the time determined by Visa International or MasterCard International at its absolute discretion. In any case, the exchange rate may differ from the rate in effect on the date of the transaction due to market fluctuations. Any rate imposed is final and conclusive and you bear all exchange risks, loss, commission and other costs which may be incurred as result

Using an ATM card

 14.24 You or an authorised person may use an ATM card overseas if you or they comply with exchange controls and other applicable laws in the country where you or they are located. If an authority requires us to do so, or we are otherwise required by law or pursuant to agreements with any regulator or any authority to do so, or if we need to comply with internal policies associated with any applicable order or sanction of an authority, you or an authorised person may be prevented from using an ATM card overseas.

14.25 If you or an authorised person uses an ATM card overseas and the ATM does not allow a choice of account for withdrawals, the order of accounts we debit is in accordance with our usual practice.

14.26 You authorise us to disclose information to parties involved in the provision of ATM services and you authorise them to disclose information to us about an account, your PIN/password and transactions.

Return of ATM cards

14.27 If your account is closed, you must ensure that all ATM cards issued in connection with the account are returned to us.

Where you may use a debit card

15.1 A debit card may be used in Cote d’Ivoire and in most countries overseas.

Pre-authorisation procedure

15.2 Some merchants are required to specifically authorise transactions using debit cards. If this is the case, the transaction is processed as follows:

• the merchant debits an amount determined by it (called a “blocked amount”) from a linked account on the transaction date or the billing date, whichever is the earlier, regardless of the actual final transacted amount;
• the difference between the blocked amount and the transacted amount is released and credited into a linked account after we process and pay the transacted amount; and
• if there is any difference between the transacted amount billed or there is any delayed billing by the merchant, we may make any necessary adjustment by debiting or crediting a linked account, to reflect the correct transacted amount.

Minimum balance of linked account

15.3 We may set a minimum balance to be maintained in the linked account for the use of the debit card and we may vary the minimum balance without notice to you.

Security procedures for banking services are very important. You must comply with (and ensure each authorised person complies with) all security procedures set out in our banking agreement. Issue and cancellation of security codes

16.1 We may issue (or in some cases, allow you to select) security codes to enable you to communicate with us or to give us instructions by electronic equipment.

16.2 If you want any other person to be able to give us instructions by electronic equipment we can issue them with security codes, but you must ask us to do so in writing.

16.3 When you use certain products, we will issue you with security codes and may also require you to obtain from us and use a one time password for additional security authentication.

16.4 If you lose a security code, it stops working or it is disclosed to a person other than an authorised person, we may issue you with a new one if you ask us in writing. We may suspend your use of a product which requires a security code until the new security code is issued.

16.5 You are responsible for the security codes once we send them to you (or the authorised person) even if any other person receives or uses them.

16.6 You must instruct us in writing if you want to cancel a security code issued to you or an authorised person.

16.7 We may cancel a security code without notice.

16.8 We are not responsible for any services that are not controlled by us, by or from which you or an authorised person obtains any security codes, and we are not liable for any loss you incur in connection with that service. You are responsible for complying with all the terms and conditions of using that service and paying all the costs in connection with it.

 Protecting security codes, cheque books and passbooks

16.9 You and each authorised person must take all necessary steps to prevent unauthorised or fraudulent use of your or their security codes, cheque books or passbooks.

16.10 You must comply with our security guidelines and advice that are provided by us to you.

16.11 For example, you and each authorised person must:

• memorise a security code and destroy security code notifications as soon as possible after receiving or selecting the security code;

• not record any security code (except where it is disguised in a way that others are not able to decipher it);

• when selecting a security code, not select an obvious word or number or one that can be easily guessed by someone else (such as a date of birth, middle name, family member’s name or telephone number);

• not voluntarily tell anyone your or their security code or let anyone find out your or their security code – not even family or friends, a joint accountholder with you, a member of our staff, or someone giving assistance on a technical helpdesk in connection with any services;

• not record a security code (disguised or not) on electronic equipment or on a physical device that is a security code or computer;

• change security code regularly or, at a minimum, whenever we or our systems require you or the authorised person to do so;

• not select a security code used before;
• not voluntarily give their security code to any other person;
• if you or they use SMS banking, do not leave the mobile phone unattended or give any person access to the mobile phone in a way that allows access SMS banking through the mobile phone;
• keep any passbook or cheque book secure (including keeping it in a safe place).

16.12 Neither you nor an authorised person may keep records (disguised or not) of a security code near records of an account (such as an account number) or other security code device. For example:

Loss, theft or misuse of security codes, passbooks or cheque books

16.13 You and each authorised person must notify us by phone as soon as you

or they:

• become aware that your or their security code, passbook or cheque book, blank cheque or signed cheque may have been lost or stolen; or

• suspect that someone knows your or their or any other authorised person’s PIN/ password; or

• suspect or become aware that there has been unauthorised access to an account or use of a security code, passbook or cheque book; or

• become aware that your or their computer or mobile phone which you or they use to access any electronic banking services may have been lost or stolen; or

• become aware that your or their mobile number has changed, otherwise you may be liable for any loss incurred. If your card has been lost or stolen, you must notify the police and give us a copy of the police report if we ask.

16.14 You must provide us with any relevant information and give us reasonable assistance in recovering a lost or stolen security code, passbook or cheque book.

16.15 You are liable for any unauthorised transactions that occur on the account linked to a lost, stolen or misused security code, passbook or cheque book until you have notified us in writing unless there was a delay due to our communication channels being unavailable. Our decision in relation to a breach of the security procedures or where a security code, passbook or cheque book has been lost or stolen is final and binding on you.

Loss, theft or misuse of security tokens

16.16 You must prevent any unauthorised use or access of the security token issued by us to you

16.17 If you discover or suspect that the security token has been lost, stolen, misused or tampered with, you must immediately notify us. We will deactivate the security token and dispatch a replacement security token to you.

16.18 You are liable for any unauthorised transactions that occur on the account linked to a lost, stolen or misused security token until you have notified us in writing unless there was a delay due to our communication channels being unavailable.

16.19 Our decision in relation to a lost or stolen security token is final and binding on you. Responsibility for loss of security codes/ security token(s)

16.20 You are responsible for and accept all risks associated with the delivery by us to you of the security codes and security token(s) from the time we transfer these items to you.

16.21 It is your responsibility to prevent any disclosure and/or unauthorised use of the security codes and/or security token(s). Any individual who uses such security codes and/or security token(s) shall be taken to have been authorised by you. You agree not to hold us responsible in any way for losses you may suffer from your disclosure, non-receipt or loss of security codes and/or security token(s) or the unauthorised use of the lost security codes by any party.

16.22 We may require you to pay any fees, charges and all other costs for the use and/or replacement of lost security token(s).

16.23 We may terminate, suspend or cancel the use of the security token(s) without notifying you.

Precautions when using electronic banking services

16.24 You and each authorised person must take the following precautions when using electronic banking services.

Requests for security code or account Details

16.25 After you initially open an account or register for electronic banking services, we will never contact you or an authorised person, or ask anyone to do so on our behalf, with a request to disclose the account details or security code. If you or an authorised person receive such a request from anyone (even if they are using our name and logo and appear to be genuine, you or they must not disclose the account details or security code. You or the authorised person must notify us as soon as possible.

Recovered security code

16.26 If you or an authorised person recovers a lost or stolen security code, you or they must return the security code to us without using or attempting to use it.

Consent to videoing

16.27 By using or accessing a product in any manner including through our electronic banking services or by using the security code, you and each authorised person consents to us videotaping or recording you or them on camera at terminals or other facilities where you or they use or access the product or security code.

Disputed transactions

17.1 If there is a disputed transaction involving a card, a card number or a cheque book and the card or cheque was delivered to you or an authorised person, you must prove that the card or cheque was not used or issued by you or an authorised person at the time the disputed transaction was entered into or recorded (otherwise you are liable).

Your liability for transactions

You are liable for any loss incurred if you act fraudulently or due to your wilful misconduct.

17.2 You are liable for the following transactions that occur on an account linked to a security code, passbook or cheque book:

• transactions carried out with your knowledge and consent;
• transactions carried out by an authorised person, unless you have told us to cancel that authorised person’s security code, and if relevant, you have taken all reasonable steps to have any security code device issued by us, returned to us;
• transactions carried out by any other person using a security code, passbook or cheque book (unless you have told us to cancel that security code, passbook or cheque book, and if relevant, you have taken all reasonable steps to have any security code device issued by us returned

to us). This includes where a transaction which is carried out by someone other than you or an authorised person with or without your knowledge and consent, and applies even if you have complied with our requirements regarding safeguarding security codes, passbooks or cheque books;

• transactions conducted using an electronic banking service (other than by using a credit card) not authorised by you or an authorised person (for example, a transaction which is carried out by

someone other than you or an authorised person without your knowledge and consent) if you or any other authorised person have acted fraudulently, acted with gross negligence such as failing to properly safeguard or prevent unauthorised access to a security code, passbook or cheque book or not notifying us if a security code, passbook or cheque book is lost or stolen;

• transactions not conducted using a card or electronic banking service where you or an authorised person breach our banking agreement or are negligent in any way; and
• any other transactions specified in the product terms.

You need to ensure you are aware of and understand the interest, fees and costs referred to in these Client Terms and additional interest, fees and costs that may be payable by you in connection with our banking agreement. These are set out in the tariff booklet or are available by contacting us. Our tariff booklets and product brochures are revised periodically and you must pay the interest, fees and costs applying at the relevant time.

Interest & fees

18.1 You must pay the interest, fees and costs applying to a product from time to time. Interest rates (including our base lending rates) and fees and costs are revised periodically. You can find out current rates and fees and costs by contacting us.

Service fees

18.2 Additional fees and costs may apply in the case of services provided in connection with a product. For example, the use of electronic banking services, or for certain types of payments and deposits such as foreign currency deposits and telegraphic transfers (including fees charged by third party service providers).

Government charges

18.3 You must also pay us an amount equal to any government charges and duties (however described) on or in connection with our banking agreement. These are payable whether or not you are primarily liable for those charges and duties.

 Withholding tax on interest earned

18.4 Interest earned by you for a product may be subject to withholding tax in accordance with applicable law.

Default interest

18.5 From the time any amount under our banking agreement is overdue for payment until it is paid, you must pay interest at the default rate on the overdue amount when we ask.

Calculation

18.6 Any interest or fee payable under our banking agreement accrues, and is calculated in accordance with our usual practice. If we agree to capitalise interest (or if default interest is charged under clause

18.5), we may add to the outstanding principal amount any interest under this clause which has not been paid. You are then liable for interest under this clause on the total amount.

No refund

18.7 You are not entitled to any refund of any interest, fee or costs you have paid or subsidy you have received including where you do not use a product or our banking agreement ends.

Costs on cancellation

18.8 If our banking agreement ends, you cancel any product before using it or you do not proceed to use a product within any period we specify in our banking agreement, we may require you to pay, interest, fees and costs incurred in connection with our banking agreement or the product. This includes any legal costs in connection with preparation of documents (such as securities) even if these documents have not been signed.

19.1 You indemnify us against, and must pay us on demand for, any loss we reasonably incur in connection with:

• any account, the establishment and provision of any product or any other transaction contemplated by our banking agreement
• searches and enquiries we make in connection with you or a security provider (including checking for insolvency);
• instructions you or an authorised person gives us (including those sent by electronic equipment);
• any service provided by a third party including services arranged by a card association;
• any tax payable by us on, or calculated by reference to, any amount paid or payable by you under our banking agreement (excluding any tax payable by us by reference to our net income);
• us acting on, delaying or refusing to act on instructions from you or an authorised person or taking action against you or an authorised person; a default;
• any amount payable by you under our banking agreement being repaid, discharged or made payable before its due date (the loss we incur includes our loss in connection with unwinding, terminating or changing arrangements we have made to fund or maintain our funding of any

product);

• an increased cost in our funding in connection with a change in law;
• any person exercising, or not exercising, rights under our banking agreement or any other arrangement with us (including enforcement action and debt collection costs, such as valuation fees and auctioneer’s charges),
• any breach or non-observance of any of our banking agreement by you or another other person with access to our services, including our electronic banking services. You shall indemnify us for all losses, damages, costs or expenses (including legal and other professional advisors fees) incurred by us in our enforcement against you of our banking agreement; or

• Any unauthorised, improper, erroneous, faulty, illegal or fraudulent use by you or any other persons with access to the banking services including electronic banking services.
• except to the extent the loss arises from our own negligence, fraud or wilful default.

19.2 If we ask, you must appear and defend at your own cost any action which may be brought against us in connection with our banking agreement.

19.3 You must sign any document we reasonably require to give further effect to this clause including in connection with instructions sent by electronic equipment or lost security codes, passbooks or cheque books.

We (and each other member of the Standard Chartered Group) have rights to set off any amount we (or any other member of the Standard Chartered Group) owe you against any amount you owe us (or any other member of the Standard Chartered Group).

Payments in full

20.1 All payments you must make to us under our banking agreement must be received by us on the due date in full in immediately available funds in the currency we specify and without set off, Counterclaim or deduction or withholding (including on account of any tax) unless the deduction or withholding is required by law. For example, the proceeds of cheques and other payment instruments only become available funds after clearance.

Withholding tax

20.2 If a law requires you to deduct any tax from a payment to us, you must increase the amount payable so that, after making the deduction, we receive the amount we would have received if no deduction had been required. You agree to deduct the amount for the tax, pay that amount to the relevant authority in accordance with applicable law and give us the original receipts.

Value added tax

20.3 All payments to be made by you in connection with our banking agreement are calculated without regard to any goods and services tax, consumption tax, value added tax or any tax of a similar nature. If any of these types of taxes is payable in connection with the payment, you must pay us an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

Independent payment obligations

20.4 Your obligation to pay any amount under our banking agreement is separate from your obligation to pay under any other agreement with us or product terms.

Right of set off

20.5 We (and any other member of the Standard Chartered Group) may set off any amount we (or any other member of the Standard Chartered Group) owe you against any amount you owe us (or any other member of the Standard Chartered Group) (whether or not the obligation is matured or contingent). We (and each other member of the Standard Chartered Group) may also combine or consolidate all accounts. If we (or any other member of the Standard Chartered Group) combine accounts, any credit funds held by you in your accounts will be applied to adjust the amount owing by you in relation to your other accounts. We (and each other member of the Standard Chartered Group) may do so at any time (even if there is no default).

20.6 If you have a joint account, we (and each other member of the Standard Chartered Group) may set off any amount we (or any other member of the Standard Chartered Group) owe you against any amount owing to us (or any other member of the Standard Chartered Group) in any one accountholder’s account.

20.7 For the purposes of clauses 20.5 and 20.6, each member of the Standard Chartered Group may make any necessary currency conversions at the rate they reasonably consider appropriate.

Banking days

20.8 Unless otherwise stated in the product terms, if an amount is due on a day which is not a banking day, you must pay it on  the next following banking day that day falls in the next calendar month

Debiting accounts

 20.9 We may debit (without notice to you) any interest, fees, costs or any other amount you owe us in connection with a product to the account for the product.

Insufficient funds

20.10 If you have insufficient funds in any account in respect of which we are entitled to debit amounts you owe us, yet we still decide to debit the account, our action does not constitute a waiver or otherwise affect our rights under our banking agreement.

Automatic payment from account with another institution

20.11 If we require you to pay us an amount by automatic payment from an account with another financial institution you must:

• organise a payment arrangement with the other financial institution under which an amount equal to the amount, is debited from that account and deposited in your nominated account on each payment date and give us satisfactory evidence that this is in place; or

• provide us with any authority we require to enable us to debit the amount, to that account.
• Authority to fill in cheques

20.12 If you provide us with any cheques, you irrevocably authorise and appoint us as your attorney to fill in the dates and amounts in the cheques for an amount not exceeding the limit for the product at that time and acknowledge that we may use these cheques to pay any amount you owe us in connection with the product.

Honouring payment instruments

20.13 You must ensure that any payment instrument or payment instruction is honoured.

For example, you must:

• ensure that you have sufficient funds in the account to be debited (including any account with another financial institution or the nominated account);
• not stop cheques;
• not cancel or vary any payment arrangement (unless we ask you to do so to reflect a change in the instalments) or close or change the account on which cheques are drawn.

Post-dated cheques

 20.14 If we require you to pay an amount by post-dated cheques, you must:

• give us post-dated cheques in our favour for an amount equal to each payment amount; and
• replace the cheques if we ask.

How we apply payments

20.15 Payments are taken to be made when we credit them to the account.

We do this as soon as practicable after receipt.

20.16 Unless set out in the product terms we may use amounts we receive under

our banking agreement to pay amounts you owe us in any order we choose.

Payments into suspense account

20.17 We may place in a suspense account any payment we receive in connection with our banking agreement for as long as we consider appropriate. This is to protect our rights against other amounts you or a security provider may owe us.

Currency of payment

21.1 We may make currency conversions in respect of any amount received by us from you or due to you from us at a rate we reasonably consider appropriate. You indemnify us for any shortfall arising from the conversion.

Payment in other currency

 21.2 You waive any right you have in any jurisdiction to pay any amount other than in the currency in which it is due. If we receive an amount in a currency other than that in which it is due:

• we may convert the amount into the due currency on the date and at rates we reasonably consider appropriate. We may deduct our costs incurred in the conversion; and

• you satisfy your obligations to pay in the due currency only to the extent of the amount of the due currency obtained from the conversion after deducting the costs of the conversion.
• If any products provided in foreign currency.

Conversion after default

21.3 Despite any other provision of our banking agreement, at any time after there is a default we may convert to the base currency at a rate determined by us any part of the balance owing for the product which is not due to us in the base currency (“foreign currency obligation”).

21.4 The applicable foreign currency obligation is then taken to be replaced with an obligation to pay us an amount of the base currency equal to the amount of the base currency needed for the conversion plus the costs of the conversion.

Currency restrictions

21.5 You must comply with all exchange control laws in connection with our banking agreement. If a country restricts the availability or transfer of its currency, we need not make any payment to your account in that currency. We may make the payment in any currency we consider appropriate.

Currency conversion on judgment debt, orders, directives issued under law or regulator

21.6 If a judgment, order, directives issued under law or by any regulator or pursuant to agreement with any regulator or any authority or proof of debt for or the recovery of an amount in connection with our banking agreement is expressed in a currency other than that in which the amount is due under our banking agreement, then you indemnify us against:

• any difference arising from converting the other currency if the rate of exchange we use under our banking agreement for converting currency when we receive a payment in the other currency is less favourable to us than the rate of exchange used for the purpose of the judgment, order, directives issued under law or by any regulator or pursuant to agreement with any regulator or any authority or acceptance of proof of debt; and
• the costs of conversion.

Information must be correct

22.1 Each time we offer a product to you or you use a product, we rely on the information

you give to us. It must be correct, complete and not misleading. You must notify us, within 30 calendar days, if you become aware that any information you have given changes, is incorrect or misleading.

What you must give us

22.2 If we ask, you must give us any information about or documents in connection with:

• our banking agreement or any other arrangement with us; or
• your financial affairs.

All information or documents must be in the form we require and certified by you to be true.

22.3 You must notify us if there is any change in your employment, business or profession within 15 days of the change.

22.4 You must get the consent of other persons named in a customer information form, an application or any authorised person to our collection, holding and use of their personal information.

22.5 Where laws and regulations allow, you consent to us periodically checking

your credit status with any credit bureau or credit reference agency.

22.6 We will not be responsible for any loss or damage incurred by you due to your failure to update us promptly and correctly of any change in your account details, mailing address, email address, mobile phone number, fax number and other account details that are needed for us to contact you.

Representations

 22.7 You represent and warrant that:

• you have power and all necessary authorisations to own your assets and carry on any business you conduct, to enter into each of our banking agreements and any other arrangement with us which you enter into with us and to comply with your obligations and exercise your rights under them;

• your obligations under each of our banking agreements and any security (and the obligations of any security provider) are valid, binding and enforceable and neither you nor any security provider will be in breach of any law, authorisation, document or agreement by entering into or complying with obligations or exercising rights under
• any of our banking agreements or any other arrangement with us;
• all the information given by you or any security provider (or on your or their behalf) is correct, complete and not misleading and each representation made by you to us is correct and not misleading;
• since the date information to us by you or a security provider, there has been no change in your or a security provider’s financial circumstances which may have a material adverse effect on your or the security provider’s ability to meet any of your or their obligations to us;
• neither you nor any security provider has withheld any information that might have caused us not to enter into any of our banking agreements or any other arrangement with us or provide any product to you (including information about the assets you or they own and any security interest over them);
• neither you nor any security provider (or any assets you or they own) has immunity from the jurisdiction of a court or from legal process;
• unless otherwise stated in the application, you are not entering into our banking agreement or transacting with us as a trustee, agent or nominee. (This means you are liable as principal);

• if we accept your application to enter into our banking agreement or you transact with us as a trustee, executor, agent or nominee, you are authorised to do so;
• there is no default and no event has occurred which may, with the giving of notice or lapse of time or fulfilment of any condition, become a default;
• you shall accept full responsibility for all transactions executed, including transactions executed through the electronic banking services and in particular for ensuring the accuracy and completeness of your instructions to us; and

• that to the best of your knowledge, your system and any other computer system through which you access the electronic banking services are free from any electronic mechanical, data failure or corruption, computer viruses, malware and bugs. We are not responsible for any electronic, mechanical, data failure or corruption, computer viruses, malware, bugs or related problems that may be attributable to services provided by any internet service provider, network provider, server or such other equivalent system.

22.8 You repeat these representations and warranties every time you apply for a product or make any transaction on a product or account. You must notify us whenever anything happens which would mean you could not truthfully repeat these representations and warranties.

23.1 You consent to us sending you information about products which we think you may want to use. However, if you do not want to receive this type of information, please notify us.

23.2 Any information we give to you is for reference purposes only. We do our best to ensure that the information we provide is accurate and complete. However, were not liable for the accuracy or completeness of the information given.

Your information

24.1 Your information comprises all the details we hold or collect about you, your transactions, your financial information, your personal information, and information about you obtained from you, your interactions and dealings with us and any third party, including information received from third parties and information collected through your use of our electronic banking services.

Purposes for which we use your information

24 .2 We or any member of the Standard Chartered Group may use your information to (a) provide you with a product or service, (b) comply with obligations and requirements under any local or foreign laws or regulations applicable to any member of the Standard Chartered Group and any internal policies and procedures of any member of the Standard Chartered Group and (c) meet any administrative, business, legal or regulatory purpose; including the following: processing your application for products and services, payments, transactions and your instructions or requests;

• providing you with products and services (including any electronic banking service);
• maintaining our relationship with you;
• communicating with you on your account and product, providing you with statements and notices such as important changes to the features, terms and conditions of any product or your account;
• assessing your suitability for products and services;
• operational purposes;
• statistical analysis (including behavioural analysis and profiling);
• establishment, continuation and management of your banking relationship with us and your account with us or, where applicable, any member of the Standard Chartered Group;
• identity verification, sanctions screening and due diligence checks;
• credit assessment, including conducting credit checks and setting credit limits;
• enforcing your obligations (including collection of outstanding amounts owed to us by you and/or security provider), debt recovery, adjustment of your credit limit of relevant accounts, and establishing or implementing a scheme of financial arrangement with you;
• conducting market research and surveys with the aim of improving our products and services;
• for marketing purposes, promotional events, competitions and lucky draws;
• to comply with any local or foreign laws, regulations, voluntary codes, directives, judgments or court orders, agreements between any member of the Standard Chartered Group and any authority, regulator, or enforcement agency, policies (including the Standard Chartered Group’s policies), good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation, and demands or requests of any authority, regulator, tribunal, enforcement agency, and exchange body;

• for the prevention, detection, investigation and prosecution of crime in any jurisdiction (including, without limitation, money laundering, terrorism, fraud, government sanctions or embargoes, and other financial crime);

• to seek professional advice, in connection with any legal proceedings (including any prospective legal proceedings), for obtaining legal advice or for establishing, exercising or defending legal rights;

• compliance with Standard Chartered Group’s policies and procedures, and any legal, regulatory or business purposes;
• for surveillance of premises and ATMs. To whom we may disclose your information

24.3 You consent to us and each member of the Standard Chartered Group, including its officers, employees, agents and advisers disclosing your information to any of the following parties for any of the purposes specified in clause 24.2:

• any member of the Standard Chartered Group anywhere in the world, including any officer, employee, agent or director;
• professional advisers (including auditors), third party service providers, agents or independent contractors providing services to support the Standard Chartered Group’s business;
• our business alliance partners who may provide their product or service to you;
• any person to whom disclosure is allowed or required by local or foreign law, regulation or any other applicable instrument;
• any court, tribunal, regulator, enforcement agency, exchange body, tax authority, or any other authority (including any authority investigating an offence) or their agents;
• any debt collection agency, credit bureau or credit reference agency, rating agency correspondents, insurer or insurance broker, direct or indirect provider of credit protection and fraud prevention agencies;
• any financial institution which you have or may have dealings with to conduct

credit checks, anti-money laundering related checks, fraud prevention and detection of crime purposes;

• a merchant or a member of a card association where the disclosure is in connection with use of a card;
• any actual or potential participant or sub-participant in relation to any of our obligations under our banking agreement between us or assignee, novatee or transferee (or any officer, employee, agent or adviser of any of them);
• upon your death or mental incapacity, your legal representative and their legal advisers, and a member of your immediate family for the purpose of allowing him/ her to make payment on your account;
• any authorised person or any security provider;
• anyone we consider necessary to facilitate your requests for services or application for products with any member of the Standard Chartered Group;
• anyone we consider necessary in order to provide you with services in connection with a product, located in any jurisdiction.

24.4 You consent to the recipients of the information we disclose, using and transferring the information where it is necessary to:

• provide you with services in connection with a product;
• monitor our compliance with law and our and the Standard Chartered Group’s policies; or
• support our and the Standard Chartered Group’s business, financial and risk monitoring, planning and decision making.

24.5 To the extent permitted by law, you and each security provider waive all rights to make claims or complaints under any law imposing a duty of confidentiality on us.

24.6 There may be other terms and conditions that govern the collection, use and disclosure of your personal information contained in our banking agreement and our privacy notice published in our website. Such other terms and conditions shall be read in conjunctions with this Part G (Information, statements and records).

24.7 Any account or transaction information reported, including those reported through our electronic banking services, may not be conclusive to your account and transaction status as there may be transactions or instructions which have yet to be or are being processed by us.

If you hold a card with us

 24.8 If you hold a card with us, we will share your information (to the extent it is required) with a merchant, card association, or any party who processes payment transactions for merchant so that transactions charged to your card or withdrawals effected by you can be processes or services in connection with the use of the card can be provided. By using your card, you give us consent to share such details with them.

If you hold a co-brand product

 24.9 If you hold a co-brand product (i.e. a product offered by us jointly with another business alliance partner), you must consent to us sharing your information (to the extent it is required) with the business alliance partner so that we can offer and continue to offer you the co- brand product. If you do not provide us with such consent, we may not be able to offer or continue to offer you the co-brand product.

Purposes of disclosing information to business alliance partners

24.10 We may disclose your information to business alliance partners (a) so that they may contact you via phone, messages or fax for the purpose of marketing their products and services to you, or (b) pursuant to business alliance arrangements with such partners to jointly offer products and services to you.

 Not providing or withdrawing consent

24.11 You may choose not to provide or withdraw any consent given or deemed to have been given to us at any time by notifying us. If you do so, we may not be able to deal with you or to provide or continue providing a particular product or service to you. In some cases, we may have to terminate our banking agreement relating to such product or service with you.

 Communication

24.12 To the extent permitted by law, we may record and monitor your communications with us to ensure compliance with our legal and regulatory obligations and our internal policies for the purposes in clause 25.2.

Retention

24.13 We retain your information in accordance with legal, regulatory, business and operational obligations.

25.1 We issue statements for accounts periodically as set out in the product terms. Statements may be in paper, electronic or any other form we choose. However, we may not issue statements if an account is inactive, there have been no transactions since the previous statement or where we are not required by law to do so or where our policy, security procedure or requirement of any authority (including any economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official body including, but not limited to, Her Majesty’s Treasury, the Central Bank of West Africa states (BCEAO), West African monetary Union (WAEMU) or any country prohibits us from doing so. You may ask for a single statement for each account or a  consolidated statement (if available). You are responsible for checking them for errors. Information about accounts (including the balance owing) may be obtained at any other time by contacting us.

25.2 If your instructions are to give you a consolidated statement (if available) you acknowledge that we do not also issue separate statements for individual accounts. However, we may revert to issuing separate statements at any time.

If you think there is a mistake

25.3 You should retain all transaction records to enable you to verify entries. You must check these entries and your passbook, or any counterfoil, entries for accuracy as soon as you receive your statement. You must report any mistaken or unauthorised transactions to us as soon as possible. Unless otherwise stated in the product terms, if you do not report any mistake within ten days after the date of the statement, we treat the statement as correct.

25.4 The date which appears on the transaction record may vary from the date that appears on your statement. This is because transactions completed on non-banking days and after “cut-off” time on banking days may be held over to be processed on the next banking day.

Reversals

25.5 We may cancel, reverse or debit any payment we make under our banking agreement (including any interest paid) and make any corresponding adjustments to an account:

• to correct a mistake (for example, an overpayment);
• if we have not received cleared and unconditional funds in full or promptly;
• if we are required to return the funds to the relevant payer or drawer; or
• if we have reasonable grounds for doing so.
• If we make an adjustment, we notify you.

Our records and decisions are conclusive

25.6 Unless there is an obvious mistake:

• our records (whether in paper, electronic, data or other form) of an instruction, report, statement or other communication are conclusive evidence of their contents or our receipt or non-receipt of them; and
• any certificate we issue, or decision we make, about a matter or an amount payable in connection with our banking agreement is conclusive evidence.

25.7 You acknowledge that we may destroy, erase or otherwise cease to maintain any records (whether in paper, electronic, data or other form) as we consider appropriate after such time as permitted by applicable law.

Termination by either party

26.1 Either you or we may end our banking agreement or your access or use of a product in any manner including through our electronic banking services by giving the other party prior notice in writing in accordance with our banking agreement. If you do so, you must give us two banking days’ notice.

26.2 If you have more than one account, you may not cancel certain electronic banking services for any one account only (unless we otherwise agree).

Termination by us

26.3 We may end any (or all) of our banking agreements for a product, with or without notice to you, if:

• you give (or any security provider gives) us incorrect, incomplete or misleading information or make a representation or warranty that is incorrect or misleading; or
• you do not pay on time an amount due under any of our banking agreements or any other arrangement with us (this includes if you have not ensured there are sufficient funds available in an account which has been nominated for debiting payment); or
• you have breached any other term of any of our banking agreements or any other arrangement with us; or
• you have breached any term of any arrangement you have with another financial institution or another financial institution has suspended or terminated your use of any banking facility; or
• any security or insurance we require in connection with a product is or becomes unenforceable or is withdrawn or terminated without our consent; or
• you or any security provider becomes insolvent or any of your or their assets are subject to insolvency proceedings; or
• you or any security provider dies or becomes incapacitated; or
• you or any security provider stops payment, ceases to carry on its business or a material part of it or threatens to do so; or
• you or any security provider acts fraudulently or dishonestly; or
• any of your or any security provider’s assets are subject to enforcement of a judgment or
• is expropriated, compulsorily acquired or resumed on any basis; or
• any assets the subject of a security or any of your business or the business of a security provider is in jeopardy; or
• you are convicted of a crime; or
• legal proceedings to recover debts or criminal proceedings are commenced against you or any security provider; or
• we consider that an account is being operated in an irregular or improper manner;

or

• any business you operate is not carried on in a proper, orderly and efficient manner

or you cease to operate it or a substantial part of it or significantly change it without our consent; or

• any thing occurs which, in our opinion, is likely to have a material adverse effect

on your (or a security provider’s) business, assets or financial condition or your or their ability or willingness to comply with obligations under any of our banking agreements or any other arrangement with us; or

• performance of any obligation by either you or us under any of our banking agreements

or a security provider under any security agreements breaches, or is likely to breach, a law or a requirement of any authority including any economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official

body including, but not limited to, Her Majesty’s Treasury, the Central Bank of West Africa states (BCEAO), West Africa Monetary Union (WAEMU) or any country or is otherwise contrary to any policy we apply as a result of an order or sanction issued by an authority; or

• at any time, as a result of your domicile, nationality, residency status, tax status,

or any other relevant status, the provision or continued provision of any product or

part of any product, would or might in our reasonable opinion constitute a breach of our policy or any applicable law or requirement of any authority, or is not in accordance with our usual business practice and procedure; or

• you close your account or the related ATM/debit card expires or is lost and cancelled by you; or
• we are required by law (including an order of any authority) to do so; or
• any other event of default (however described) under any of our banking agreements or any other arrangement with us occurs.

26.4 We will be entitled to end your use of our electronic banking services, immediately on all your joint accounts if any of your joint account holders notifies us that:

• The joint account can no longer be operated on your instructions alone; or
• He/she is no longer prepared to accept that you may operate the joint account using our electronic banking services.

We may suspend or terminate our electronic banking services, at any time. This will include periods during which maintenance work or repair is required to be carried out, in case of any emergency or for security reasons. We shall endeavour to give a reasonable notice for the suspension or termination of our electronic banking services.

26.5 Our rights under this clause do not affect any other right under any of our banking agreements and are subject to the giving of any notice, demand or lapse of time which is required by applicable law and cannot be excluded.

Additional rights to terminate

26.6 The product terms or these Client

Terms may specify additional circumstances in which you or we may end our banking agreement for a product.

Banking agreement

27.1 After our banking agreement for a product ends, you must:

• not use the product or any benefits in connection with the product and not access or use the product through our electronic banking services;

• immediately repay all amounts owing to us under our banking agreement including the balance owing for the account for the product; and

• do any other thing which our banking agreement requires to be done when your right to access or use the product in any manner including through our electronic banking services ends.

No effect on rights and liabilities

27.2 Ending our banking agreement, or the right to use a product, does not affect any of the rights and obligations of either of us, which arose before it ended. You are not entitled to any refund of any fee or amount paid or subsidy received in connection with any product. All provisions in our banking agreement in connection with payments, clawbacks, indemnities, limitation of liability, disclosure of information, set off, currency conversion, tax, and the provisions in Part J (General) survive termination of our banking agreement.

Review of entitlements

 27.3 After our banking agreement ends, we may review and withdraw any promotional or preferential arrangement that applies to you.

We may take any action we consider appropriate to enforce our banking agreement or

any security including:

• employing any third party agent to collect any amount owing to us;
• attaching the balance owing for any product to your or a security provider’s assets;

• taking steps to enforce our rights against your or a security provider’s assets such as by lodging caveats;
• commencing legal proceedings against you or a security provider.

We may block any account (and later remove the block) at any time or withhold amounts in any account at any time, if an authority requires us to do so, or we are otherwise required by law or pursuant to agreements with any regulator or any authority to do so, or if we need to comply with internal policies associated with any applicable order or sanction of an authority.

We may suspend providing a product at any time for any reason (even if there is no default). If we do, we notify you as soon as practicable. We agree to suspend provision of a product if you ask us to do so in writing.

We may convert or consolidate any account into another type of account if we consider it appropriate to do so and we give you reasonable notice in writing before we do so. If you do not instruct us that you want to close the account before expiry of the notice period, we will convert or consolidate the account and we allocate a new account number.

Banker’s lien

32.1 In addition to any other security we require to secure the balance owing for your products and any amount which you may owe us in the future, all your credit balances, money, securities, documents, instruments and other valuables deposited with us are, on deposit, subject to a banker’s lien to us. Without limiting our other rights, we may set off any such amounts against, or apply the lien as security for, any obligations you owe to us. We may sell or deal with the assets to satisfy your obligations to us. We may do so without notifying you.

Security over all assets

32.2 In addition to any other security we require and our banker’s lien under clause

32.1, we hold all your assets (including assets deposited with us for any purpose) as security for the total balance owing for all your products and any amount which you may owe us in the future. Without limiting our other rights, we may set off any such amounts against, or apply the security created by this clause as security for, any obligations you owe to us. If there is a default, we may sell or deal with your assets to satisfy your obligations to us. We may do so without notifying you.

Further security

32.3 In addition to any other security interest we may require, you must do anything

we ask (such as obtaining consents, sign in and delivering documents and getting documents completed and signed) to:

• provide further or more effective security to us to secure any balance owing for any of your products and any other amount which you may owe us in the future; and
• to allow us to exercise our rights in connection with your assets.

No dealings

32.4 You must not create or allow to exist any security interest or otherwise deal with any assets that are the subject of security without our consent.

Changing the security

32.5 If you want to provide additional or replacement security for a product (for example, if you want to move house but you want to keep any loan we have provided to you), please contact us to discuss. If we agree to your request, it will be on terms we specify. For example, the replacement security must be in form and substance we approve and you must pay all applicable fees and costs.

Ensure compliance by security provider

32.6 You must ensure that each security provider complies with their obligations under the security they have provided to us.

 Security continues until release

32.7 Any security continues until we have released it.

33.1 If we ask, you must arrange, pay for and provide us with a valuation report in connection with the assets that are the subject of any security. Any valuation report must be in accordance with any requirements we specify. Alternatively, we may obtain a valuation report at your cost.

33.2 We may arrange for further valuation reports in connection with any asset the subject of any security at any time at your cost.

33.3 If as a result of the further valuation report, we consider that the security is inadequate, you must provide us with further security in form and substance we specify.

Insurance you must maintain

34.1 For some products, we require insurance to be maintained, for example, life insurance, insurance over any asset which is the subject of security or mortgage insurance. Any insurance policy must be with an insurer we approve and for the risks we specify. Alternatively, we may require you to pay for insurance we arrange.

34.2 Our interest must be noted on the insurance policy and you must ensure that any amount paid by the insurer under the policy is paid to us. If we ask, you must give us a copy of the policy.

34.3 If we permit you to make your own arrangements for insurance we require, you must pay us an administration fee and any costs we specify. You must provide us with the original insurance policy and the original receipt for the amount paid for the insurance.

34.4 If you have made arrangements with the insurer which allow us to cancel the insurance when there is a default, we may apply any amounts that are refunded by the insurer against any amount you owe us.

Optional insurance

34.5 Insurance policies may be offered to you in connection with a product. For example, if you use electronic banking services you may be offered fraud insurance. Also some credit cards offer insurance policies. The terms of any optional insurance policy should be read together with our banking agreement.

All insurance policies

34.6 If we arrange insurance for your benefit, you must pay all amounts the insurer requires in connection with the policy and we debit those amounts to your account. The insurance cover only takes effect from the date we debit your account. If a claim is unsuccessful, you may not claim against us and we are not liable for any loss you incur.

34.7 You must comply with the terms of any insurance policy issued in connection with a product.

34.8 You acknowledge that insurance proceeds may not cover all your loss and you are responsible for any shortfall.

34.9 We may accept any commission from an insurance company in connection with any insurance we arrange.

Disclaimer

35.1 We do not represent or warrant that:-

• our services, including our electronic banking services will meet your requirements;
• our electronic banking services will be uninterrupted, timely, secure or error-free;
• our electronic banking services are fit for a particular purpose, or does not infringe any third party proprietary rights; or

• any errors in the technology will be detected or corrected.

35.2 Our electronic banking services may allow you to visit or be directed to other third party websites. We are not responsible for the content of these third party websites. We shall not be responsible for any loss or damage you incur directly or indirectly in connection with your use of or access to these websites.

 Exclusion of liability

35.3 Unless a law prohibits us from excluding or limiting our liability, we are not liable for any loss you incur in connection with our banking agreement or services including electronic banking services (including in connection with the provision, access or use of any product, unavailability or improper functioning of an electronic banking service, delay or error in the transmission of any electronic payment transfer, delay in providing you funds under our banking agreement, misrepresentation, your or an authorised person’s instructions or any unauthorised instructions, a default, termination of any of our banking agreements, our refusal to act on any instruction, or any other thing we do or do not do). This applies where the loss arises for any reason and even if the loss was reasonably foreseeable or we had been advised of the possibility of the loss.

35.4 We are not responsible for the negligence, act or failure to act of any third party and will not be involved in any dispute between you and any third party service provider (whether or not appointed by us).

35.5 You shall indemnify us from all loss and damage which we may incur in connection with your improper use of our services including the electronic banking services. We take no responsibility for your decisions

35.6 We are not responsible for any decision you make:

• to enter into our banking agreement;
• to access or use any product including through our electronic banking services;
• about any features of any product (including the interest rate or any fees or costs payable under it).

While some employees are authorised to give you certain types of information about our products, neither our employees nor our agents have any authority to make representations or predictions or give any opinion about anything in connection with our banking agreement. We are not liable for any loss if they act without authority. However, if you consider that any representation has been made to you that is not set out in our banking agreement, you need to give us details in writing so that we can clarify it. If you, any authorised person or any security provider has any concerns about these things, the terms of our banking agreement or any security, we recommend you or they get help from an independent financial adviser or lawyer.

 Intellectual Property Rights

35.7 We own all contents of our services. You may not copy, distribute or publish such content without our permission.

35.8 We or other third parties own all the marks and logos used in connection with services. You may not use such marks and logos without our permission.

35.9 You grant us a free worldwide licence to use any information or material you submit through our services for any purpose unless restricted by law.

35.10 We are not required to keep confidential any information or materials submitted by you through our services unless we agree to do so in a separate contract between you and us or required by law.

 Hyperlinked sites

35.11 We are not responsible for, do not endorse, and make no representation or warranty in connection with, any hyperlinked internet sites on our website. We are not responsible for any loss you incur in connection with those hyperlinked sites.

Circumstances beyond our control

35.12 We are not liable for any loss you incur in connection with our inability or delay in receiving or executing instructions or unavailability of funds or any product due to any circumstances beyond our control.

35.13 If any circumstances beyond our control occur, we may take any action we consider appropriate in connection with your account.

 Further steps

35.14 You must do anything we ask (such as obtaining consents, signing and producing documents and getting documents completed and signed):

• to bind you and any other person intended to be bound by our banking agreement;
• to show whether you are complying with our banking agreement; and
• to confirm anything done by us in the proper exercise of our rights under our banking agreement.

 Prompt performance

35.15 If our banking agreement specifies when you must perform an obligation, must perform it by the time specified. You must perform all other obligations promptly.

 Time of the essence

35.16 Time is of the essence in respect of your obligations to pay any money.

Waiver

 35.17 A provision of our banking agreement, or right created under it, may not be waived except in writing signed by the party or parties to be bound and is only effective for the purpose for which it is given.

Variation of our banking agreement

35 .18 You acknowledge that various features of a product may be changed at any time, including the fees, interest rates, the basis for calculating interest rates and the margin without notice to you. However, if we vary fees for a product we will do our best to give you one month’s notice before the variation takes effect. However, we may also vary any of the other terms of our banking agreement by notice to you in accordance with our usual practice and in accordance with any applicable law. This may include giving notice to you by public announcement as set out in clause 7.3. The product terms may set out specific steps we must follow to effect a variation.

Additional services

35.19 We may offer incentive programmes or value added services in connection with a product offered by us or a third party. We may vary or withdraw the programmes or services at any time. We do not guarantee or warrant their quality and, if they are provided by a third party, they are provided on the terms offered by the third party (including the third party’s privacy policies). Please contact us if you want to find out more information about the terms of any programme or service.

 Our Advertising

35.20 We may advertise our own products and services in any manner, including through the electronic banking services, where such advertisement is consistent with any personal data protection laws.

How we may exercise our rights

35.21 We may exercise a right or remedy, give or refuse our consent or approval in connection with our banking agreement in any way we consider appropriate, including by imposing conditions. We need not give you reasons for any decision we make.

35 .22 If we do not exercise a right or remedy fully or at a given time, we can still exercise it later.

35.23 Except for a waiver or variation in accordance with clauses 35.17 or 35.18, nothing we do suspends, varies or prevents us from exercising our rights under our banking agreement.

35.24 We are not liable for any loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy, whether or not caused by our negligence.

35.25 Our rights and remedies under our banking agreement and any security:

• are in addition to other rights and remedies given by law independently of our banking agreement or the security;

• do not merge with and are not adversely affected by any other security and may be executed independently or together with any rights or remedies including under any other security; and

• may be exercised even if this involves a conflict of duty or we have a personal interest in their exercise; and

• are not affected by any payment, settlement, judgment or any thing which might otherwise affect them at law including:

– us varying our banking agreement such as by providing you with additional products or replacing existing products or withdrawing , suspending, terminating your existing electronic access to our products or granting you electronic access to additional products;

– you opening an account;

– an account not being active;

– us releasing you or a security provider or giving them a concession, such as more time to pay;

– the fact that we release or lose the benefit of any security;

– the death, mental or physical disability or insolvency of any person (including you or a security provider).

35.26 Our rights and remedies under our banking agreement may be exercised by

any of our authorised employees or any other persons we authorise.

Complying with orders and directives

35.27 If we are served or issued with any of the following:

• court orders;
• directives issued under law, regulators, authorities or agreements with any regulator

or any authority, we will act in accordance with them and you must not commence proceedings against us in relation to our actions.

Consents

35.28 You must comply with all conditions in any consent or approval we give in connection with our banking agreement.

 Conflicting claims

35.29 If we consider any funds in any account may be subject to conflicting claims, we may take action (including getting legal advice or taking legal proceedings) to determine the matter. We may act in accordance with any determination and we are not liable to you for any loss you incur Indemnities

35.30 The indemnities in our banking agreement are continuing obligations, independent

of your other obligations under them. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity in connection with our banking agreement.

Commissions

35.31 If, you are introduced to us, or by us, to a third party with your consent, we may pay or receive a fee or commission to or from the third party under a fee sharing arrangement. If you ask, we agree provide you with the details of the fee sharing arrangement.

Outsourcing

 35.32 We may employ independent contractors and agents (including correspondents) to perform any of our obligations under our banking agreement or provide a product on terms we consider appropriate.

Dealings

35.33 You must not assign or transfer your rights and obligations under our banking agreement to anyone without our consent first.

35.34 We may assign or otherwise deal with our rights under our banking agreement (including any particular product or account) in any way we consider appropriate. If we do this, you may not claim against any assignee (or any other person who has an interest in our banking agreement) any right of set off or other rights you have against us. If we ask, you must sign and give us or any other person we specify any document we reasonably require for this purpose.

 Compliance with law

 35.35 Nothing in our banking agreement requires us to do or not do anything if it would or might in our reasonable opinion constitute a breach of our policy or any applicable law, regulation or requirement of any authority.

 We act on banking days

35.36 We only act on certain instructions or provide a product on a banking day. If we are required to do anything on a nonbanking day, we may do it on the next following banking day.

Opening further accounts

35.37 We may open an account to administer any transactions for any product.

Severability

35.38 If and to the extent that an applicable law is inconsistent with our banking agreement in a way that would otherwise have the effect of making:

• a provision of our banking agreement illegal, void or unenforceable; or
• a provision of our banking agreement contravene a requirement of that law or

impose an obligation or liability which is prohibited by that law,

then the law overrides our banking agreement to the extent of the inconsistency, and our banking agreement is to be read as if that provision were varied to the extent necessary to comply with that law and avoid that effect (or, if necessary, omitted).

35.39 If any one or part of the terms of this Client Terms is legally unenforceable

in any way, this will not affect the validity of the remaining terms.

35.40 We believe that the terms of this Client Terms are reasonable. If any one

or part of them proves to be not legally valid because it is unreasonable or for any

other reason, we are entitled to treat that term as changed in a way that makes it

reasonable and valid. If one or part of the terms of this Client Terms is unenforceable against one of the customers agreeing to this Client Terms, this will not in any way affect the enforceability of that term against the other customers e.g. the other joint account holder.

 Third party rights

35.41 Our banking agreement does not create or confer any rights or benefits

enforceable by any person not a party to it except:

• a member of the Standard Chartered Group may enforce any rights or benefits in our banking agreement;
• a member of the Standard Chartered Group may enforce the rights or benefits of any indemnity, limitation or exclusion of liability in our banking agreement; and
• a person who is a permitted successor or assignee of the rights or benefits of our banking agreement may enforce those rights or benefits.

No consent from the persons referred to in this clause is required for the parties to vary or rescind our banking agreement (whether or not in a way that varies or extinguishes rights or benefits in favour of those third parties).

Change in constitution

35.42 You must not change your constitution by amalgamation, consolidation, reconstruction, admission of any new partner or otherwise, without our consent. You must also ensure that each security provider does not do so without our consent. All securities, agreements, obligations given or undertaken by you or a security provider remain valid and binding despite any change in our, your or a security provider’s constitution by amalgamation, consolidation, reconstruction, death, retirement, admission of any new partner or otherwise. Anti-money laundering, counter terrorism financing, government sanctions or embargoes

35.43 To comply with local or foreign law, regulations, voluntary codes, directives,

judgments or court orders, agreements between any member of the Standard Chartered Group and any authority, regulator, or enforcement agency,

policies (including Standard Chartered Group’s policies), good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation and demands or requests of any authority, regulator, tribunal, enforcement agency, exchange body, the Standard Chartered Group may:

 be prohibited from entering or concluding transactions involving certain persons or entities(e.g. person or entity that is itself sanctioned or is connected to or dealing with (directly or indirectly) any person or entity that is sanctioned under economic and trade sanctions imposed by any regulator in any jurisdiction where we operate in or by any supranational organisation, official body including, but not limited to, Her Majesty’s Treasury, the Central Bank of West Africa states ( BCEAO), West African Monetary Union (WAEMU)  or any country); or

• (without limitation to clause 25) report suspicious transactions or potential breaches of sanctions to an authority in any jurisdiction to which the Standard Chartered Group may need or decide to disclose. Transactions impacted include those that may:

– involve the provision of finance to any person involved or suspected of involvement in terrorism or any terrorist act;

– be relevant to investigation of an actual or attempted evasion of tax law, investigation of or prosecution of a person for an offence against any applicable law; or

– involve persons or entities which may be the subject of sanctions and embargoes.

35.44 A member of the Standard Chartered Group may intercept and investigate any payment messages and other information or communications sent to or by you or on your behalf and may delay, block or refuse to make any payment and payment screening may cause a delay in processing certain information.

35.45 Any member of the Standard Chartered Group may take any action it believes to be necessary to comply, or in connection, with the matters set out in clause 35.43. This includes freezing funds, preventing operation of an account, refusing a request for funds from you, otherwise not allowing you to use a product, or delaying or cancelling a transaction. It need not notify you until a reasonable time after it is permitted to do so under those laws of policies. No member of the Standard Chartered Group is liable for any loss arising out of any action taken or any delay or failure by us, or a member of the Standard Chartered Group, in exercising any of its rights or performing its obligations, caused in whole or in part by any steps taken as set out above.

Reports

 35.46 Any report we obtain from any valuer or consultant is for our use only.

Even if we give you a copy of the report, you cannot rely on it. You cannot sue us, the valuer or consultant if the report is wrong.

 Our decision is conclusive

35.47 If there is any dispute in connection with our banking agreement, our decision is conclusive and binding unless there is a manifest error.

 Counterparts

35.48 Our banking agreement may consist of a number of copies, each signed by one or more parties. The signed copies form one document.

Governing law

35.49 Our banking agreement is governed by the laws of Cote d’Ivoire.

35.50 Your use of our electronic banking services is through the internet service provider, network server or such other equivalent system in the country from where such service is accessed by you, and to this extent, such access by you will also be subject to the relevant laws of that country and any terms prescribed by such internet service provider, network provider, server or such other equivalent system.

 Jurisdiction

35.51 The parties submit to the non-exclusive jurisdiction of the courts of Cote d’Ivoire. We may take enforcement action and initiate proceedings in the courts of any other jurisdiction where you have assets. To the extent allowed by law, we may take proceedings in any number of jurisdictions at the same time. You may only initiate an action in the courts of Cote d’Ivoire. .

Serving documents

35.52 Without preventing any other method of service, any document in a court action may be served on a party by being posted, delivered to or left at that party’s address last notified.

36.1 We aim to provide excellent customer service. If you think we have failed, you should let us know so that we can try and put things right. Also, by telling us where you think we have failed, we will be able to provide you with a better service in the future. Please contact us (see “How to contact us” at the front of these Client Terms) if you need assistance.

You also need to refer to the product terms which also define key words specifically applicable to the product. If a word defined in these Client Terms is also defined in any product terms, the definition in the product terms applies for the purposes of the applicable product.

account means, for a product, the account opened and maintained by us for you in respect of it.

application means, for a product, a Standard Chartered Bank application form or a similar document signed or submitted by you together with all related forms and consents signed or agreed to by you in connection with your application for the product or your request to access the product through our electronic banking services.

approval means, for a product, our confirmation to you that use of the product is approved by us or you have been approved to access or use the product in any manner including through our electronic banking services.

 ATM means automatic teller machine. It includes any machine or device which allows cash to be withdrawn from it and which may accept deposits of cash or cheques.

 ATM card means the card or other device through which you may access an account by an ATM, together with the relevant PIN/password.

 authorised person means any person you authorise (either alone or collectively) and we approve to operate an account and to act on your behalf in giving instructions, to perform any other acts under our banking agreement or use any product. It includes a cardholder or any other person given a security code to allow them to give instructions.

balance owing means, for the account we maintain for a particular product, at any time, the difference between all amounts credited and all amounts debited to you in connection with that account at that time. When this amount is to be calculated for the end of a day, it includes all debits and credits assigned to that day.

 base currency means, for a product:

• in the case of a loan, the currency in which the limit is expressed; or
• in any other case, the currency of the place where the product is provided to you.

card means an ATM card, a debit card, a credit card or a prepaid card or all of them, as the context requires.

card association means Visa International, MasterCard International or any other card association.

cardholder means, for an account, each person to whom we issue a card on the account. It includes a supplementary cardholder of a credit card.

circumstances beyond our control means circumstances beyond our reasonable control including natural events, steps taken or policies imposed  by authorities, adverse market or trading conditions, failure of third parties, failure of communication or computer facilities and civil disturbances.

 consolidated statement means a single statement setting out details (including the balance owing) for all products.

 costs includes costs, charges and expenses, including those in connection with legal advisers.

 credit card means a credit card with the branding of a card association issued by us on an account in accordance with credit card product terms.

 debit card means the card or other device issued by us to you, with which you may make payments by direct debit from an account. A debit card may also be an ATM card.

 default means any of the events described or referred to in clause 27.3 (Termination by us);

 default rate means, for a product, the rate of interest we charge on overdue amounts for the product (which is higher than the usual interest rate).

 electronic alerts means an electronic banking service provided by SMS or email by which we send you SMS or email messages to alert you to certain types of transactions or to provide financial information, as offered by us and selected by you.

electronic banking services means services provided by us which enables you or an authorised person to obtain information from us or give instructions to us through electronic equipment.

electronic banking service software means any software and other information we allow you to use to access and use electronic banking services.

electronic equipment means any electronic equipment including an electronic terminal (for example, a merchant terminal or ATM), computer, cash deposit machine, television, fax machine, telephone and mobile telephone.

 eStatement means statements sent to or accessed by you by electronic means.

 electronic banking software means any software we supply to you or which you are required to download for the purpose of accessing the electronic banking services.

 fund transfer services means each service provided by us which enables you to transfer funds from the source account to another account under the electronic banking services.

 Insolvency or insolvent means, for a person, the occurrence of any corporate action, legal proceedings or other step in relation to:

• suspension of payments, moratorium of indebtedness, bankruptcy, winding up or composition or arrangement with creditors;

• the appointment of a receiver, administrator in respect of that person or any of their assets;
• attachment, sequestration, distress or execution affecting any of their property or the enforcement of any security interest over their assets, or anything which has a substantially similar effect to any of these things happening in any jurisdiction.

 letter of offer means, for a product, any letter of offer or similar document from us offering to provide you with the product.

 linked account means an account which is linked to a card.

loss includes any loss (including loss of profit or expected savings), damage, demand, claims, liabilities and costs of any kind (whether direct or indirect).

 merchant means a merchant at whose outlets we have authorised the use of cards.

mobile app means our mobile application installed on your mobile or communications device and through which you provide instructions to us and access mobile banking

 mobile banking means the facility provided by us which allows you access to your account(s), conduct transactions and subscribe to such other products and services as may be provided on your mobile or communications device via the mobile app.

 mobile banking user ID is the personal identification you use to log in to carry out mobile banking via the mobile app that you have downloaded on your mobile or communications device.

 mobile phone number means the mobile phone number specified by you on our ATM, our website, through the call centre or in writing either through any form provided by us or for using our electronic banking services.

 nominated account means an account which you and we have agreed is to be the account used for the purposes of transactions in connection with a product.

 One-time password means a uniquely randomly generated one time password that is required to access certain facilities that are part of our electronic banking services which we will provide to you using your mobile phone number that has been registered with us or via security token or such other agreed method.

 online banking means the electronic banking services provided by the internet.

 online telegraphic transfer means an instruction given by you or an authorised person by the electronic banking services for an international funds transfer.

 other arrangement with us means:

• each security; and
• each other arrangement (including an agreement or a security interest) under

which you or any security provider has or could in the future have obligations to us or any member of the Standard Chartered Group. It does not include any banking agreement.

personal information means information that identifies a particular individual and includes personal details (for example name, personal identification details, and date of birth), contact details (for example telephone number, mobile phone number and email address) and employment details;

 PIN/password means the personal identification number or question or other code or information given to, or selected by, you or an authorised person that is used to confirm your or their identity when they access an account.

 point of sale banking means use of a card by you or an authorised person at a merchant’s terminal (for example, ePOS, EPS, NETS).

 preferences means the customised preferences that are required to be set by you with us which shall enable us to send you electronic alerts with respect to our electronic banking services.

 prepaid card means a stored value reloadable card with a card logo issued to you by us. It includes an eCash card.

 product means each facility, product or other service we may make available to you under the respective banking agreements that you have with us. It includes any component comprising the product including an account.

product brochure means, for a product, a brochure describing the features of the product. The brochure may not necessarily be called a product brochure.

product terms means, for a product, the specific terms and conditions that apply to it, in addition to these Client Terms. These are available to you at our branches and our website and may include a product brochure.

 security means any security interest granted to us in connection with our banking agreement. It includes any security interest given under Part I (Security).

security code means all confidential codes, user names and passwords, PIN/ password and information or a physical device (for example, an ATM card, a debit card, credit card, prepaid card, security token or electronic key) that you or an authorised person must use to confirm your or their identity when you or they access an account using our services including our electronic banking services.

security interest means any security for the payment of money or performance of obligations including a mortgage, charge, pledge, lien or guarantee and indemnity.

 security provider means each person who provides security.

 security token means any security device issued and designated by us as a means of identifying you or providing you with security codes to use our electronic banking services.

 SMS means a Short Message Service using a mobile telephone.

 SMS banking means the electronic banking services provided to you by SMS, by which you have access to accounts.

 source account means the account designated by you, from which funds are to be used for a fund transfer under the fund transfer services or a payment under the bill payment services. The source accounts designated for separate transactions may be different accounts.

 Standard Chartered Group means each of Standard Chartered PLC and its subsidiaries and affiliates (including each branch or representative office).

 tariff booklet means, for a product, a document (which may not necessarily be called a tariff booklet) setting out some of the fees and costs that may apply to a product.

 tax means any tax, levy, impost, duty or other charge or withholding of a similar nature (including any penalty or interest payable in connection with any failure to pay or any delay in paying any of it).

we means each member of the Standard Chartered Group identified in the application or the approval as the person providing the product (or any component of the product) to you, and its successors and assigns.

 you means the person named as the applicant in the application. If there is more than one, you means each person separately as well as every two or more of them jointly. It also refers to you, your joint account holder and/or an authorised person, where applicable.

your system means the equipment and software belonging to and used by you to access our electronic banking services. The singular includes the plural and vice versa. Headings in our banking agreement are for convenience only and do not affect their interpretation.

A reference to:

• our “banking agreement” means, for a product, the agreement between you and us made up of the applicable documents set out in clause 1.4;

• a “banking day” is a reference to a day when banks are open for general banking business in Cote d’Ivoire;

• “person” (including you) includes an individual, a partnership, a body corporate, an unincorporated association, a government, a state, an agency of a state and a trust;

• a person (including you and us) includes that person’s executors, administrators, successors, substitutes (including by novation) and assigns and our banking agreement binds those persons and the joint account holder where applicable;

• “including”, “such as” or “for example” when introducing an example does not limit the meaning of words to which the example relates to that example or examples

of a similar kind;

• a law includes any regulation, rule, official directive, request, or guideline (whether or not having the force of law) of any authority;

• a document includes any variation or replacement of it and any reference to any details set out in a document (for example, limits, fees, interest rates or repayment arrangements) is a reference to those details as varied in accordance with our banking agreement or as otherwise agreed; and

• any thing includes any part of it.