1. Definitions
1.1. In these Terms and Conditions, unless the context otherwise requires:
1.1.1 "Account" relates to any Bank Account, established or sold by Citibank to which these Terms and Conditions and any relevant specific Terms and Conditions apply and shall, where applicable apply to any Account held jointly,
1.1.2. "Account Holder" means You/Your,
1.1.3 "Agreement" means the Agreement defined by the Application form, these Terms and Conditions, Rates and Charges Schedule, the Initial Disclosure Document, and any additional agreements or forms related to Citibank's services or Your relationship with Citibank,
1.1.4 "Application Form" means the form you complete in order to open an Account and in the case of advisory services includes the paper or electronic form or recorded conversation with a relationship manager or any of Citibank's branch staff that you have most recently completed or updated for Citibank detailing Your personal profile including Your financial circumstances and objectives,
1.1.5 "Asset" means any of the rights to, benefits and proceeds of the Account or anything of any kind held for Your Account with Citibank, or in a nominee name for Your account, including anything held by Citibank's agents, depository, or custodian including, but not limited to accounts, claims, contract rights, all documents, instruments and certificates relating to, goods, commodities, chattels, artworks, general intangibles, rights against third parties in respect of Your contracts with third parties which are held in Your account, and all related interest, redemptions and distributions and all income, proceeds and products of the above, items in transit or held with third parties or in a clearing system for Your account, and any rights which may be exercised at a future date or on the happening of a direct or contingent event, whether Citibank acts as principal or agent and whether Citibank's identity (or Your identity) is disclosed or not,
1.1.6 "Available Balance" means the balance on Your Bank Account which can be drawn by You. It includes the amount (if any) standing to the credit of the Account which is cleared. Recent payments-in not confirmed as cleared are excluded. Please see clause 9.4 which describes when payments-in become cleared. It also includes any available overdraft facility agreed by Citibank. It excludes any authorised amounts due to retailers for goods or services,
1.1.7 "Bank Account" relates to the bank Account element(s) of Your Account and includes savings accounts,
1.1.8 "Banking Day" means days on which Citibank is open for all classes of business (usually Monday-Friday, excluding statutory and other public holidays),
1.1.9 "Business Day" means any day on which banks are open for a full range of banking transactions in London and banks are open for business in all the geographic locations required to complete the relevant transaction,
1.1.10 "Citibank" means Citibank International plc (UK Consumer Banking Division and the Private Banking Division), its successors and assigns,
1.1.11. "Citibank Card" means any Citibank Card issued to the Account Holder or any of the Account Holders for use in connection with Your Account,
1.1.12. "Citibank Online" means the Internet Banking service provided to customers,
1.1.13 "Citigroup Organisation" means Citigroup plc, Citigroup, Citibank N.A., Citibank International plc, their branches, subsidiaries, and affiliates, and anyone who succeeds them or to whom they assign their rights,
1.1.14 "CitiPhone Banking" means Citibank 24-hour Telephone Banking Service.
1.1.15 "Debit Card" means a Citibank Card which Citibank has agreed can be used to authorise payments for goods or services to be debited from Your Current Account,
1.1.16 "Debt" means any existing or future, direct or indirect, actual or contingent, payment or delivery obligation that the Client has to Citibank, or, where the context requires, to any Citigroup Organisation and includes: any amount owing pursuant to loans, overdrafts, interest, fees, expenses, costs, damages or guarantees any amount owing pursuant to contracts made by the Client in connection with foreign exchange, derivatives or securitised transactions (for these purposes such amounts may be based on our current valuation of unsettled contracts) any amount owing for payments or undertakings that Citibank or any Citigroup Organisation makes or enters into on Your behalf or instructions; and any amount owing for interest and fees on any Debt until all amounts have been discharged. If Citibank or any Citigroup Organisation makes a demand, or obtains a court judgement against You, interest and fees will continue to accrue at contractual rates as they did beforehand,
1.1.17 "Expenses" means given in the Fees, Costs, Charges and Expenses clause,
1.1.18 "FSA" means the Financial Services Authority, of 25 The North Colonnade, London E14 5HS, its agents or any successor body,
1.1.19 "FSA Rules" means the FSA Handbook of Rules and Guidelines as amended from time to time,
1.1.20 "General Terms and Conditions" means these Terms and Conditions, as may be amended from time to time,
1.1.21 "Held Mail" means any correspondence, etc. not sent to You and retained by Citibank,
1.1.22 "Hold Mail Period" means the period agreed by Citibank in writing, during which it will not send You any correspondence (including but not limited to statements, cheque books, Citibank Cards, paying-in books, notices of change of interest rates and notices of variation of Terms and Conditions), other than that we may be required to send you by law. An annual fee will be charged for this service which is not refundable in any circumstances,
1.1.23 "Market Value" means the market value of any asset as determined at Citibank's sole discretion, and will normally be the value Citibank believes could be obtained for the asset in the open market at that time or over a relevant period, the value in that day's money for an asset that Citibank may wish to sell at a future date, or the replacement cost of the asset,
1.1.24. "Password" means the code you select along with the 'User ID' to access Citibank Online,
1.1.25. "PIN" means Personal Identification Number issued for use with a Citibank Card,
1.1.26. "T-PIN" means the Telephone Personal Identification Number,
1.1.27 "Specific Terms and Conditions" means the Terms and Conditions that apply to your specific Account
1.1.28. "User ID" means the identifier you select along with the 'Password' to access Citibank Online,
1.1.29. "You/Your" means the holder(s) of the Account,
1.2 The specific Terms and Conditions which apply to any particular Account or service will to the extent applicable override these General Terms and Conditions if there is any conflict between the two.
1.3 The Account shall be a separate Account from any other account, which You now or in the future hold with Citibank including any other Account which incorporates these Terms and Conditions. This clause shall not prevent Citibank from exercising any right to combine accounts or any rightof set-off that it may have whether under these Terms and Conditions or otherwise.
2. Introduction
Please read this document along with any Application Form. It is an important legal document forming part of the contractual Agreement between You and Citibank. It also provides important information about Citibank. This document incorporates the Terms and Conditions in relation to some Specific Terms and Conditions, which relate to products offered by Citibank at a particular point in time, although not all products may be available now or in the future. When You sign the Application Form You state that You have read and agreed to these Terms and Conditions and that You understand that the Agreement, which incorporates these Terms and Conditions, is binding upon You. This Agreement supersedes any previous written or oral agreements with respect to the services included in it, except for any agreements which are specifically agreed by the parties to form part of this Agreement. Citibank's rights under these latter agreements will be unaffected. This Agreement takes effect and comes into force on the date set out in Your Welcome letter. Citibank is authorised and regulated in the UK by the FSA reference number: 122342. Registered office in the UK is Citibank Centre, Canada Square, London E14 5LB.
3. Eligibility
You may open an Account if You are at least 18 years of age and are a UK resident, subject to status and the Specific Terms and Conditions of that Account. If you currently live outside the UK, you are not eligible to open a Citibank UK account.
4. Address
4.1 The address given on Your Application Form must be Your main residence and will be the registered address of the Account. For joint Accounts where the main residence for each Account Holder differs, Citibank will hold both as registered addresses.
4.2 Citibank will send all postal communications to the registered address unless You have specified a separate mailing address in writing.
4.3 You must give Citibank such proof of change of address (whether Your main residence or specified mailing address) as it may request. Citibank may refuse to implement any change of address until given all the proof required.
4.4 You must tell Citibank as soon as possible when You change Your address, phone number or email address.
4.5 Citibank will not be liable for any losses that You may incur as a result of Your failure to comply or delay in complying with this Clause 4.
5. Name Change
5.1 Citibank will require satisfactory proof of any name change and a specimen signature in Your new name. Citibank may refuse to act on instructions given in Your new name until these requirements are satisfied.
5.2 You must tell Citibank as soon as possible when You change Your name.
5.3 Citibank will not be liable for any losses that You may incur as a result of Your failure to comply or delay in complying with this Clause 5.
6. Your instructions
6.1 The normal method by which you should send Citibank instructions should be in writing and in the English language (unless otherwise agreed), including the relevant reference number and correctly signed, addressed to: Citibank International Plc P O Box 49930 London SE5 7XT Tel: 0800 00 55 00 or
6.2 to any future address Citibank may notify to You .
6.3 You agree that Citibank may rely on the information provided in Your instructions, and you accept full responsibility for any errors or ambiguities in that information which may lead to instructions being rejected or executed incorrectly as described in the Rejection of orders clause below. Citibank need not acknowledge receipt of the Your instructions.
6.4 If You use any other part of Citibank or another Citigroup Organisation to transmit instructions to Citibank for You, rather than You sending instructions in accordance with the above procedures, You understand that there may be an increased risk of delays and errors, and receipt of instructions by such other part of Citibank or other Citigroup Organisation will not constitute receipt or acceptance by Citibank.
6.5 Instructions will be processed by close of business on the Business Day following the day on which the instructions were received by Citibank.
7. Joint Accounts
The following Terms and Conditions shall apply to joint Accounts:
7.1 Each Account Holder shall be jointly and severally liable to repay any monies owing to Citibank in respect of the Account.
7.2 Each Account Holder is authorised to operate the Account and to open a new Account on their own. Citibank may assume that instructions given by one Account Holder regarding the Account are authorised by the other Account Holder. Citibank shall not have any liability for acting, or refusing to act, or for any delay in accepting Your instructions where instructions are given by one Account Holder only.
7.3 The credit balance on the Account belongs to the Account Holders and in the event of the death of any of them will pass by survivorship to the other(s).
7.4 If any Account Holder gives instructions that conflict or appear to conflict with instructions given by another Account Holder, Citibank may refuse to comply with any instruction, make any payment or allow any payment from the Account until You remove any conflict to Citibank's satisfaction.
7.5 You acknowledge that You are solely responsible for, and that neither Citibank nor any affiliates, subsidiaries or other members of Citigroup Organisation has any responsibility for, Your observance and compliance with any laws, regulations or rules applicable to Your use of the services provided by Citibank or any other affiliates, subsidiaries or other members of Citigroup Organisation under this Agreement including, but not limited to, any laws, regulations or rules, in Your or any other jurisdiction, relating to tax, foreign exchange and/or capital control, and for reporting or filing requirements that may apply as a result of Your country of citizenship, domicile, residence, tax-paying status or where the services provided by Citibank may be conducted.
8. Dormant Accounts
8.1 In the event there have been no transactions (being deposits or withdrawals) on Your Bank Account other than transactions initiated by Citibank (such as interest and charges where applicable), and Citibank has not heard from You for a period of 12 months Citibank shall write to You at the last known address to ask if You wish to keep Your Bank Account open. Citibank is not obliged to write to You if we have previously had mail returned from Your last known address.
8.2 In the event You reply confirming Your wish to have Your Account remain open, Citibank shall continue to treat Your Account as "live" and shall continue to provide statements and correspondence pursuant to these Terms & Conditions.
8.3 If Citibank receives no reply to the enquiry stated in 8.1 above after a period of 90 days, or having had previous correspondence returned as undelivered at Your last know address, Citibank shall treat Your Account as dormant and block all deposits and withdrawals.
8.4 Any funds remaining in the Account shall remain Your property and upon You making a valid or other payment which has not been cleared.
8.5 If Citibank is not satisfied with the evidence produced for the claim and therefore rejects the claim, You have the right to refer to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR, or www.financial-ombudsman.org.uk.
8.6 If we do not hold correct information we may make your account dormant to protect us both.
9. Deposits/Credits
9.1 You may pay into Your Bank Account cash and all other payments directly payable to You.
9.2 You must not send cash through the post. All cheques and other payments sent through the post must be crossed and marked Account Payee and must be made payable to You. Any cheque or other payment sent through the post will be sent at Your risk.
9.3 Citibank may accept a cheque or other payment payable to a third party provided:
9.3.1 The cheque or other payment is drawn in a manner acceptable to Citibank,
9.3.2 The cheque or other payment has been endorsed by all necessary parties,
9.3.3 The cheque or other payment is not payable to a business or limited company,
9.3.4 "Account Payee" or "Not Transferable" does not appear on the cheque or other payment,
9.3.5 The cheque or other payment is not drawn in favour of the payee "only", and
9.3.6 You tell Citibank in writing the circumstances in which the cheque was endorsed and give Citibank any other information for which it asks.
9.4 Payments made into Your Bank Account usually will be cleared as follows:
9.4.1 Cash
9.4.1.1 Immediately if deposited over the counter at a UK branch of Citibank during a Banking Day.
9.4.1.2 On the next Banking Day, if deposited at a Citibank Card Banking Center in the UK and subject to Citibank's verification procedure.
9.4.1.3 If you visit any Lloyds TSB branch and use one of the Bank Giro Credit slips found at the back of your cheque book to make a Sterling deposit into your Citibank Account. Lloyds TSB branches provide this service free in the UK. Sterling cash deposits are available and start to earn interest two working days after deposit. All deposits will show on your account after four working days.
9.4.2 Cheques
9.4.2.1 If the cheque is in Sterling, drawn on a UK clearing bank or UK branch of Citibank and the cheque
is deposited before 3.30pm over the counter at a UK branch of Citibank or via a Citibank Card Banking
centre in the UK, you should start to receive interest on the money on the same banking day, you
can withdraw money after four whole banking days, and the money will be yours after six whole
banking days.
9.4.2.2 If the cheque is in Sterling, drawn on a Sterling UK account and the cheque is deposited before
3.30pm over the counter at a UK branch of a UK clearing bank, you should start to receive interest
on the money after two whole banking days, you can withdraw money after four whole banking days,
and the money will be yours after six whole banking days.
9.4.2.3 For foreign currency cheques drawn on, or sent to, or paid in at Citibanks outside the UK, the clearance time will be longer.
Note: This will not apply if payment of a cheque or other payment is refused or delayed.
9.4.3 If at any time a cheque which is paid into your account is returned unpaid due to insufficient funds, counterfeit or for some other reason, the amount will be deducted from your account.
9.4.4 Standing orders, Internal Transfers by Citibank Card banking Center or CitiPhone banking, External Transfers: on receipt of cleared funds.
9.4.5 Visit any Lloyds TSB branch and use one of the Bank Giro Credit slips found at the back of your cheque book to make a Sterling deposit into your Citibank Account. Lloyds TSB branches provide this service free in the UK. Sterling cheques deposited at Lloyds TSB branches will clear seven working days after deposit and will start to earn interest four working days after deposit. All deposits will show on your account after four working days.
10. Withdrawals
10.1 Subject to daily withdrawal limits and the specific Terms and Conditions of Your Account, You may make withdrawals from Your Bank Account, provided there is a sufficient Available Balance. Citibank may refuse to make any payment or to allow any withdrawal from Your Bank Account if Your Available Balance is insufficient to cover such payments or withdrawals. Citibank may also refuse to make any payment or to allow any withdrawal because of any outstanding agreed or authorised amount.
10.2 Any withdrawals made from Your Bank Account using Your Citibank Card may take up to 3 Business Days to be posted to Your Account. For some overseas countries this may take longer dependant on when the merchant submits the transaction.
10.3 You must not draw against, and Citibank will not be obliged to make payment against, a cheque
10.4 All charges incurred by Citibank in clearing or attempting to clear any cheque or other payment to be credited to Your Account shall be a Debt due to Citibank from You and shall be debited from Your Bank Account .
10.5 Citibank may, at its discretion, make use of cleared funds in any other Account at any time held by You with Citibank to avoid the Available Balance being exceeded. In such circumstances Citibank will endeavour to contact You by telephone, SMS and/or by letter to inform You of the action to be taken. However, Citibank will not accept liability for any consequences of its not using cleared funds in another account.
10.6 Citibank may, at its discretion, decline to allow or delay in allowing You to make a withdrawal if the amount exceeds any limit that Citibank sets for internal monitoring, fraud or other crime prevention purposes.
10.7 Citibank may, at its discretion, ask You to attend a specific branch of Citibank if You wish to make a large cash withdrawal.
10.8 You may withdraw cash over the counter at other banks but you may be charged by that bank apart from a Lloyds TSB branch where a charge will not be incurred.
11. Cheques and other Payments and Correspondents
11.1 Citibank reserves the right without prior notice to reverse entries in the Bank Account where promissory notes, bills of exchange, cheques or other negotiable instruments previously credited to the Bank Account are returned unpaid for any reason. The reversing of such entries does not affect the right of Citibank to retain such unpaid notes, bills, cheques or instruments and to exercise in its favour all rights appertaining to such instruments.
11.2 Citibank assumes no responsibility or liability for the value given to funds by a beneficiary bank provided that Citibank debited the relevant Bank Account on the correct value date and paid funds away via its correspondent(s) on the correct value date. Citibank assumes no responsibility for mail or other communication delays, external clearing system lead times, processing times or for any loss (direct or consequent), charges or Expenses which may be caused to You as a result thereof.
11.3. The Bank reserves the right without prior notice to use any correspondent bank or sub-agent in its transactions and will not be held liable for any act or default or negligence by any such correspondent or sub-agent.
11.4 If Citibank receives notification that funds credited to the Bank Account are uncleared and You have withdrawn funds subsequent to Citibank crediting the Bank Account with the said uncleared funds and such withdrawal has caused the Bank Account to become overdrawn (or the amount by which the Account is overdrawn increased) or falls below any minimum balance specified by Citibank, then You shall on demand pay to Citibank an amount equal to the amount of the said uncleared funds. This applies to all funds received whether by cheque or telegraphic transfer or otherwise. The rules of any clearing system in the money centre(s) through which funds ultimately are given cleared status will be binding on You and no liability will accrue to Citibank for losses thus incurred by You.
11.5 Citibank may reverse any credit or transfer into Your Bank Account (how so ever made) made in error or subsequently found to have been perpetrated by a fraud (whether done wittingly or not). Citibank accepts no responsibility for the consequences to You of such operating errors.
12. Cheques
12.1 You must write Your cheques in the currency of the Bank Account.
12.2 You must write, date and sign cheques in ink. You must not write a cheque for more than Your Available Balance. You must only use approved cheques of Citibank. You must write your cheques in English and the amount must be written in words and figures. Dates must be written in English format. You must initial all amendments.
12.3 Citibank may refuse to pay cheques where the cheque date is more than 6 months ago, or where the date is in the future.
12.4 If You want Citibank to stop a cheque, You must immediately request Citibank to do so. You cannot stop a cheque that has been guaranteed by Your Citibank card. You indemnify Citibank against all claims, demands and losses suffered as a result of stopping any cheque on Your instructions.
12.5 Citibank shall use all reasonable endeavours to stop a cheque but will not be held liable to You in any circumstances for any failure to stop a cheque or other payment following Your request.
12.6 Citibank reserves the right to charge an administration fee for handling over 30 cheques drawn on Your Account in any calendar month.
12.7 Citibank guarantees in any single transaction the payment of only one cheque taken from only one of its own cheque books for up to the amount indicated on Your Citibank card provided the cheque is not drawn on the Account of a Limited Company and:
12.7.1 The cheque bears the same name and code number, where printed, as Your Citibank Card.
12.7.2 The cheque is signed, before the expiry of Your Citibank Card, in the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, Isle of Man, Gibraltar or on the premises of any United Kingdom Customs post located outside these territories in the presence of the payee by the person whose signature appears on Citibank Card.
12.7.3 Citibank Card number is written on the cheque by the payee.
12.7.4 Citibank Card has not been altered or defaced.
12.8 The number of guaranteed cheque encashments made in one day, when made with the support of Your Citibank Card, should not exceed Your cheque guarantee limit.
12.9 Citibank recommends that You do not give out a post-dated cheque. If You do, Citibank reserves the right to pay the cheque when Citibank receives it and Citibank will not be liable for any losses that you may incur as a result of such payment.
12.10 Citibank may delay a cheque book replacement if You do not use Your cheques in sequential order, and/or if You have not advised Citibank of any cheques that you have cancelled, lost or destroyed.
12.11 The chequebook remains Citibank's property at all times and Citibank may at any time withdraw the chequebook facility with 30 days notice under normal circumstances. In the event of fraud, other crimes or misuse, this facility may be withdrawn immediately.
13. Standing Orders/Direct Debits
13.1 The use of automatic debits or withdrawals is permitted unless the Specific Terms and Conditions of the Account sate otherwise.
13.2 All such transactions will be set up at Citibank's discretion.
13.3 You must allow Citibank 5 Banking Days from the date it receives Your instructions to pay money from Your Bank Account before the first payment is due.
13.4 Citibank will endeavour to stop payment of Standing orders or direct debits at Your request provided that:
13.4.1 They have not already been paid from Your Bank Account,
13.4.2 No commitment has been given to the payee's bank that the payment will be made, and
13.4.3 You have allowed Citibank 10 Banking Days from the date it receives Your instructions to stop the payments from Your Bank Account . If no notification is received, payments will be made and you will have to apply directly to payees for a refund.
13.4.4 Citibank will process Your Indemnity Claims but reserves the right to debit Your Bank Account after 8 weeks of the claim if Citibank does not receive the refund from the payee's Citibank.
13.4.5 Citibank reserves the right not to honor any Direct debits or Standing orders where there is an insufficient Available Balance.
14. Overdrafts
14.1 Overdrafts are subject to status and repayable on demand.
14.2 Unless the Bank has agreed otherwise, a fee may be applicable and interest will be charged at the Bank's applicable overdraft rate on the overdrawn balance on the Account and charged monthly. The Bank will give You at least 14 days' notice of how much interest it will charge.
14.3 An overdraft limit must not be exceeded without the Bank's prior agreement. The Bank may refuse to pay a cheque or other payment or allow any withdrawal including a withdrawal through any machine if the payment or withdrawal would cause the overdraft limit to be exceeded.
14.4 If the overdraft limit is exceeded a fee will be charged, and the Bank reserves the right to charge interest at the unauthorised overdraft rate on the entire overdrawn balance for each day that the overdraft limit is exceeded.
14.5 The Bank reserves the right to pay an unauthorised overdrawn balance on Your Account with cleared balances from any other accounts that You hold with the Bank.
14.6 If You overdraw the Account when You are not entitled to do so, then You will be charged a fee and You will be charged interest at the unauthorised overdraft rate on the debit balance for each day the Account is overdrawn.
14.7 The Bank may, at any time, withdraw Your right to overdraw the Account and/or require You to repay or reduce the debt.
14.8 Details of interest rates charged are available on request.
15. Fees
15.1 Citibank may charge, and You shall be liable to pay, any fees due from time to time as a result of the administration of Your Account
15.2 These fees shall be deducted from the balance on Your Account. Any unpaid fees shall be a Debt due from You to Citibank.
15.3 Details of Citibank's fees for the day-to-day running of Your Account will be given at the time You open an Account. Further copies are available on request.
15.4 Citibank will tell You of the fees for any other service or product before it provides You with that service or product, and at any time You ask.
15.5 Any changes to fees will be given or sent to You in accordance with these Terms and Conditions.
15.6 You agree to pay all of the fees, charges, stamp duties, value added and other taxes, legal and valuation fees, and other costs and Expenses ("Expenses") associated with this Agreement and any Account and service Citibank provides for You, and authorises Citibank to charge Your account(s) directly for payment of items such as: date or after it has been cancelled.
15.7 Expenses associated with services like funds transfers, draft issuance, fiduciary placements.
15.8 Expenses related to legal, regulatory, governmental, or administrative proceedings.
15.9 You agree that Citibank may participate in any fees or benefits payable to or obtained by any Citigroup Organisation or third party in respect of any transactions effected under this Agreement and that Citigroup Organisations may incur Expenses on Your behalf.
15.10 Citibank may receive remuneration and commission from, or share charges with, other Citigroup Organisations or third parties in connection with transactions carried out on Your behalf. Details of such remuneration or sharing arrangements will be made available to You on request.
15.11 You acknowledge that You are solely responsible for, and that neither Citibank nor any other Citigroup Organisation has any responsibility for You to comply with any laws, regulations or rules applicable for Your use of the services provided by Citibank or any other Citigroup Organisation under this Agreement including, but not limited to, any laws, regulations or rules, in Your's or any other jurisdiction, relating to tax, foreign exchange and capital control, and for reporting or filing requirements that may apply as a result of Your country of citizenship, domicile, residence or tax-paying status.
16. Statements
16.1 Citibank will provide You with a monthly statement covering all Your transactional Accounts. You may request that these be provided to You less frequently, but this may attract a fee at Citibank's discretion. You must make reasonable arrangements to ensure that You are able to read Your statement as soon as possible after Citibank has provided it to You.
16.2 You must read and carefully check Your statements as soon as possible. Unless Citibank receives any queries or complaints regarding a statement within 30 days of the date of that statement, then Citibank shall be entitled to assume that You agree that the Statement is accurate.
16.3 If Your statement has an entry which You think is wrong, or if You suspect that Your Account is liable to misuse, you must notify Citibank immediately in accordance with clause 20.12 of these Terms and Conditions. You must also confirm the above in detail to Citibank in writing within 7 days
16.4 If the Account is joint, Citibank will send statements to only one Account Holder, unless otherwise requested.
16.5 In the event You have an internet-based Account where You have agreed to receive your monthly statements in non-paper form, the electronic statement will be available to you in Citibank Online. Citibank encourages You to save the statement and to print off copies of the statements on a regular basis. We may charge You if you require additional statements.
16.6 If the Account Holder has requested statements to be provided in a modified format, a standard issued statement will accompany any modified statement and where there is a discrepancy between the two, the standard issued statement shall be deemed to be correct.
17. Interest on Credit Balances
17.1 Interest will accrue and is calculated at the applicable rate (which may be amended from time to time) on the available balance. Tiered rates of interest may be paid on that amount (if any). Interest is credited to Your Account as stipulated in the Specific Terms and Conditions for that Account. Details of the tiers and the applicable rates are available on request.
17.2 Interest payments are calculated gross and paid net of basic rate income tax. Interest may be paid gross if You are not ordinarily resident in the UK and You satisfactorily complete a declaration of non-residence (NOR Form), or if You are ordinarily resident but not liable to UK income tax and You complete an R85 Form. This clause may be varied to take Account of changes in tax law or Inland Revenue requirements.
17.3 In the case of joint Accounts, interest may be paid net for one Account Holder and gross for the other, subject to receipt of the required documentation. Citibank shall not pay any interest on any cheque or other payment which is not paid.
An Inland Revenue Section 352 Certificate of Interest Earned will be sent to you annually on request.
18. Foreign Currency
18.1 In order to pay the proceeds of any transaction to an Account held in a different currency, Citibank may convert it to the currency of the Account at Citibank's prevailing rate of exchange.
18.2 Any transaction in a currency which is not in the currency of the Account, for example if You use Your Citibank Card to acquire goods, services or currency abroad, will be converted by Citibank into the currency of the Account at Citibank's prevailing rate of exchange. Citibank may charge a fee. There may be delay before a transaction abroad is debited or credited to the Account.
19. Citibank Card
19.1 Citibank Cards cannot be held jointly. For joint Accounts a separate Citibank Card will be issued to each Account Holder.
19.2 You must keep Your Citibank Card safe. A Citibank Card may only be used by the person named on it and must be signed by that person immediately upon receipt.
19.3 A Citibank Card is valid only for the period shown on it and You must not use it after the expiry.
19.4 This clause applies where the Account is a Current Account and Your Citibank Card is to be used as a Debit Card in relation to that Account. (Your Citibank Card cannot be used as a Debit Card in relation to any Account which is not a current account. If Your Citibank Card is a Debit Card it may be used to make or authorise payments from the Account to authorised retailers for goods or services as long as You have a sufficient Available Balance to cover the transaction. Refunds are only credited to Your Account by Citibank once both a proper voucher or verification and the funds are received. You must pay Citibank on each Banking Day by a single payment the full amount falling due in respect of Debit Card transactions (i.e. goods or services paid for using Your Citibank Card) since the previous Banking Day. Citibank will debit that payment to the Account (i.e. Your Current Account). Debit Card transactions will be shown separately on Your Account .
19.5 Citibank shall not be liable if any retailer, Citibank, terminal or machine does not accept Your Citibank Card.
19.6 Citibank may terminate or suspend Your right to use a Citibank Card for any purpose. Confirmation of this will be sent in writing to Your specified address. If required to do so, You must return Your Citibank card immediately to Citibank.
19.7 If you recover a Citibank Card that has been reported as lost, stolen or liable to misuse, You must immediately return it to Citibank cut in two through the magnetic strip and across the right hand corner, taking care to avoid cutting through the Chip.
19.8 When returning a Citibank Card, You must cut the card in half through the magnetic strip. Citibank Cards will remain the property of Citibank.
19.9 In connection with Your use of Your Citibank Card at ATMs located outside the UK, Citibank must make arrangements for transaction data to be collected, stored and communicated for processing. Such processing may include identifying and Account balance information and will, in whole or in part, be performed electronically. In addition, transaction processing may be performed by other entities either in the country where You used the ATM or elsewhere.
19.10 Your use of Your Citibank Card at an ATM outside the
UK shall constitute Your consent (i) to the collection, storage, communication and processing of identifying and Account balance information by any means necessary for Citibank to maintain appropriate transaction and Account records; (ii) to the release and transmission to participants and processors in any networks that We use to process details of Your Account and transaction information and other data necessary to enable Your Citibank Card to be used at an ATM outside the UK; (iii) to the retention of such information and data by the said participants and processors in the network; and (iv) to the compliance by the said participants and processors in the network with laws and regulations governing disclosure of information to which such participants and processors are subject.
19.11 The obligations with respect to the Accounts hereunder are payable solely at Citibank branch in the UK at which the Account or deposit was opened and are subject to the laws of England (including without limitation any governmental acts, orders, decrees and regulations, including fiscal and exchange control regulations). Citibank shall not be liable for unavailability of the funds credited to the Account due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond Citibank's control, in which circumstances no other branch, subsidiary or affiliate of Citibank shall be responsible thereof.
19.12 All withdrawals made with Citibank Card outside the UK constitute a payment at Citibank, and remittance to the country where the withdrawal is effected. The right of withdrawal is thus subject not only to the laws and regulations of the UK but also to the laws and regulations of the country in which the withdrawal is requested. Therefore, cash withdrawn from an ATM outside the UK with Your Citibank Card shall be in a currency permitted at the institution which owns the ATM at which the withdrawal is made. The equivalent in the currency of Your Account shall be debited to Your Account at Citibank. Cash withdrawals at an ATM outside the UK shall also be subject to any exchange controls, regulations or limitations in effect in the country in which the ATM is located.
19.13 Citibank may at any time without notice, suspend or terminate Your ability to use Your Citibank Card at an ATM outside the UK and shall not be liable to You for any loss or damage suffered by You resulting in any way from such suspension or termination.
19.14 No institution other than Citibank shall have any liability or responsibility to You with respect to the use of Citibank Card to conduct transactions in Your Account at Citibank.
19.15 If You use Your Citibank Card to make a recurring transaction and You wish to cancel the recurring transaction You must inform Your supplier and Citibank immediately in writing and maintain a copy for Your records which You should be able to produce to Citibank on request.
19.16 You shall be responsible for any fees which another institution may charge You for the use of an ATM.
19.17 You will be entitled to one Citibank Card only at any one time. You will be able to use this Citibank Card on all Accounts with Citibank for which a Citibank Card is required subject to the provisions set out in clause 19.4.
19.18 Your Citibank Card shall not be used for internet gambling transactions at any internet site regardless of location.
20. Protecting Your Account
20.1 You must never allow anyone else to use Your Citibank Card, T-PIN, e-PIN, PIN, User ID and Password.
20.2 You must not interfere with a Citibank Card by manipulating the magnetic strip or the chip in the card.
20.3 You must always take reasonable steps to keep Your Citibank Card safe and Your T-PIN, e-PIN, PIN, User ID and Password secret at all times.
20.4 You must not write down or record Your T-PIN, e-PIN, PIN, User ID and Password.
20.5 You must always memorise Your T-PIN, e-PIN, PIN, User ID and Password and destroy the notification of Your T-PIN, e-PIN and PIN as soon as You receive it.
20.6 You must keep Your Cheque book and Citibank Card separate from each other.
20.7 You must take all reasonable precautions to prevent unauthorised use of Your T-PIN, e-PIN, PIN, User ID and Password.
20.8 If You change Your T-PIN, e-PIN, PIN, User ID and Password You should choose Your new ones carefully.
20.9 You must keep Your Citibank Card receipts safely and dispose of them carefully cut in at least two pieces.
20.10 If You enter the incorrect PIN at any ATM three times in a row on the same day, Your Citibank Card may be retained by the ATM and subsequently destroyed.
20.11 If You suspect that anyone knows Your T-PIN, e-PIN, PIN, User ID and Password, or You have any reason to suspect that Your T-PIN, e-PIN, PIN User ID and Password may be liable to misuse, then You must notify Citibank immediately in accordance with clause 20.12. You must not change Your PIN to the same number as Your T-PIN.
20.12 You or Your agent must tell Citibank if:
20.12.1 A cheque book or Citibank Card is lost, stolen or may be liable to misuse, or if someone other than You may know the T-PIN, e-PIN, PIN, User ID or Password; or
20.12.2 Your statement includes an item, which You think is wrong. You must make reasonable arrangements to ensure that You are able to read Your statement as soon as possible after Citibank has sent it to You.
20.13 You or Your agent should contact Citibank on telephone number 0800 00 55 00 or, if outside the UK, on +44 197 500 55 00 or during business hours or at any of Citibank's branches. You must then confirm such loss, theft, misuse, potential misuse unrecognised transaction by writing within 7 days to Citibank International plc, PO Box 49930, London SE5 7XT.
20.14 Once You have told Citibank that a Citibank Card has been lost or stolen or that someone else knows Your T-PIN, e-PIN, PIN, User ID or Password, Citibank will take immediate steps to prevent these from being used to access Your Account.
20.15 If Citibank suspects that a Citibank Card is lost, stolen or liable to misuse then Citibank may give information to the police. You must co-operate with Citibank and the police to help recover the Card and any losses which may occur.
20.16 If You recover a Citibank Card that has been reported as lost, stolen or liable to misuse, You must immediately return it to Citibank cut in two through the magnetic strip and across the right hand corner, taking care to avoid cutting through the Chip.
20.17 Once a Citibank Card on Your Account is reported as lost or stolen or damaged or liable to misuse, You must immediately return it if it is still in Your possession and any other Citibank Cards on Your Account to Citibank cut in two through the magnetic strip and across the right hand corner, taking care to avoid cutting through the Chip. Citibank is the owner of all the information stored on Your Citibank Card.
20.18 If a Citibank Card expires, or is reported as lost or stolen or liable to misuse, a new Citibank Card may be provided at Citibank's discretion.
20.19 Where a card transaction is disputed, Citibank has the burden of proving fraud or that you failed to act with reasonable care or that You have received Your Card. In such cases You must co-operate with Citibank and the police in any investigation.
20.20 If You act fraudulently, You will be responsible for all losses on Your Account. If You act without reasonable care, for example by failing to follow the safeguards set out in this clause 20, and this causes losses, You may be responsible for them.
20.21 Unless Citibank can show that You have acted fraudulently or without reasonable care, Your liability for the misuse of Your Citibank Card will be limited as follows.
20.21.1 If someone else uses your card, before you tell us it has been lost or stolen or that someone else knows your PIN, the most you will have to pay is £50.
20.21.2 If someone else uses your card details without your permission, and your card has not been lost or stolen, you will not have to pay anything.
20.21.3 If someone else uses your card details without your permission for a transaction where the cardholder does not need to be present, you will not have to pay anything.
20.21.4 If your card is used before you have received it, you will not have to pay anything.
20.22 If you use an account aggregation service, you may be liable for any fraud or mistakes that happen on your accounts as a result.
20.23 For both Citibank's and Your protection and to monitor the quality of our service, telephone calls may be recorded and You agree that such recording can be used in a court of law.
20.24 You should consider signing up to a secure payment system (such as Verified by Visa or MasterCard SecureCode) whenever you are given the option of shopping online. This involves you registering a password with your card company, which will then be requested whenever you shop at a participating online retailer. This password should be
kept secret.
20.25 You must never give your account details or other security information to anyone unless you know who they are and why they need them.
20.26 We will never ask you to disclose your PIN. If you are in any doubt about the authenticity of a caller or their manner causes you suspicion, take their details and call us.
20.27 Be aware that your post is valuable information in the wrong hands. If you fail to receive a bank statement, card statement or any other expected financial information, you should contact us.
21. CitiPhone
21.1 You agree that the CitiPhone verification procedures will be sufficient confirmation of Your identity and that Citibank may act on all instructions received by telephone. However, if Citibank believes it has any reason to doubt the identity of the person giving instructions, it may, at its discretion, not carry out these instructions and terminate the telephone call.
21.2 For both Citibank's and Your protection and to monitor the quality of our service, telephone calls to CitiPhone may be recorded and You agree that such recording can be used in a court of law.
21.3 When telephoning CitiPhone, You must take all reasonable precautions for the security of Your T-PIN and all other confidential information.
22. Mail, Telephone, Fax and E-mail Authorisation
22.1 You authorise Citibank to accept any instruction (except standing instructions) on Your Account by mail, telephone, facsimile (fax) and/or by way of Citibank Online Messaging Service without further authentication or confirmation. Citibank may refuse to accept any instruction that does not appear to Citibank to comply with the signing mandate, whether in writing, by facsimile or by way of Citibank Online Messaging Service, until Citibank has carried out an appropriate validation process, which might include telephoning You to re-confirm the transaction.
22.2 You agree that Citibank may accept instructions from any person representing themselves to be an Account Holder or an agent of the Account Holder, whether individually or jointly, as indicated to Citibank whenever signing authority is specified to Citibank.
22.3 These instructions will be at Your risk, and You hereby fully indemnify and agree that Citibank shall not be responsible for any losses, including legal fees, which result from Citibank acting or refusing to act on instructions received in this way.
22.4 You understand that Citibank may carry out certain control processes over these instructions, which could include having You repeat the instruction to a second officer of Citibank or having a second officer telephone You to confirm the instruction. Citibank may make a tape recording of any telephone conversation between You and Citibank, and You agree that Citibank will be entitled to produce this at any court or other body as evidence of the conversation recorded, subject to clause 43.
22.5 Citibank may send You information regarding Your account, which Citibank deem to be appropriate by text message (SMS). Citibank will not accept any requests from You by text message (SMS) due to security reasons.
22.6 You understand that any communication via e-mail and/or by way of electronic link is unprotected and that there are risks associated with its use, including the possible interception of the data by unauthorised third parties.
23. Confirmations
23.1 You agree that Citibank may act on any instruction that does not specify that it is simply a confirmation of a previous instruction.
23.2 If You wish to provide confirmation of a previous instruction, You must clearly mark it "Confirmation of Previous Instruction."
24. Changing instructions
24.1 You must send to Citibank any request to change or cancel an instruction in sufficient time to enable Citibank to receive and act upon such request and before arrangements have been made with third parties (for example funds or securities have been made available or advised to a third party) for processing the original instruction.
24.2 You are responsible for cancelling any instructions and are responsible for executed transactions resulting from any such order which You fail to cancel in sufficient time.
25. Rejection of orders
25.1 Citibank reserves the right to reject any instructions, funds transfer orders, payment orders, or requests for changes or cancellations if, in Citibank's judgement, it is reasonable to do so.
25.2 If, in the judgement of Citibank Your instructions are unclear or conflicting, Citibank may choose not to act on them until Citibank is satisfied that the ambiguity or conflict has been resolved.
25.3 Citibank may refuse to act on any instructions that it believes are contrary to, or not clearly permitted by, applicable laws or other relevant requirements.
26. Mail addressed to You at Citibank
26.1 You must obtain Citibank's written consent before arranging for anything intended for You to be delivered to Citibank. If anything intended for You is delivered to Citibank then, unless You have obtained Citibank's prior written consent, Citibank shall have no liability for refusing to accept it and shall have no duty to look after it.
26.2 Citibank shall have the right (but not the obligation) to open anything intended for You which is delivered to it.
26.3 It is Your responsibility to collect anything intended for You which is delivered to Citibank. Citibank shall not be obliged to notify You of delivery. You must provide Citibank with such evidence as it may ask for when You want to collect anything intended for You which is delivered to Citibank.
26.4 Citibank shall be entitled to destroy anything intended for You if You do not collect it within the period agreed between You and Citibank. If no period has been agreed, Citibank may destroy it 14 days after delivery without giving You notice.
26.5 Citibank may charge You a fee for dealing with anything intended for You which is delivered to Citibank.
27. Citibank's Right of Set-Off
27.1 Citibank may use any credit balance on an Account to pay any sum due from You to Citibank. Citibank may use any sum, which it owes You to pay any sum due from You to Citibank in respect of the Account.
27.2 You shall not be entitled to set off any credit balance against any amount which You owe Citibank under any mortgage or other loan.
27.3 Citibank may reverse any credit or transfer into Your Account (how so ever made) made in error or subsequently found to have been perpetrated by a fraud (whether done wittingly or not).
27.4 Citibank's rights under clauses 28.1, 28.2, and 28.3 are in addition to and do not lessen any other rights which Citibank may have to recover any sum which You may owe to Citibank.
28. Closing Accounts
28.1 You may close the Account by giving at least 10 Banking Days' notice in writing. Notice will not be accepted by facsimile (fax).
28.2 Citibank may close Your Account by giving You 30 days written notice excepting however that Citibank may close the Account immediately and without notice where it suspects fraud or illegality. Citibank will return any amount, which it owes You to You at Your registered address, after deduction of any interest, charges and fees due or funds believed to be the proceeds of crime. The Account will then be closed without any further contact with You.
28.3 After receiving notice to close the Account, Citibank will cancel any standing orders and direct debit instructions on Your Account. It is Your responsibility to inform the payees. Citibank will not be liable to You or any third party for cancelling any Standing Order or Direct Debit.
28.4 You may direct or dispose of the Assets at Market Value and transfer the proceeds to Your account.
28.5 You shall be responsible for paying all fees, charges, early withdrawal fees, and other obligations that remain unpaid at the time the Agreement is cancelled. If Citibank has processed a forward contract or any other transaction that is likely to extend beyond the date of termination, Citibank may at its discretion close out or complete the transaction and shall be entitled to retain sufficient funds or assets for this purpose.
28.6 Without prejudice to clause 7, after receiving notice to close the Account, Citibank will at its own discretion, write to all Account Holders confirming the instructions to close the Account and shall do so on the 10th day from receipt of the initial notice to close. If there is any dispute about the instructions by the Account Holders, they must inform Citibank within that original notice period. Failing to receive any contrary instructions, Citibank shall proceed with the closure of the Account.
28.7 You must return to Citibank any unused cheques relating to the Account. You must also return to Citibank Your Citibank Card, when You hold no other Accounts that utilise the services of this Card. You should return Your Citibank Card to Citibank cut in two through the magnetic strip and across the right hand corner, taking care to avoid cutting through the Chip. In the case of joint Accounts this applies to all Account Holders' unused cheques and all Account Holders' Citibank Cards except any Citibank Card that can be used on another account.
28.8 In the normal course of closing Your Account, Your Account will not be considered as closed until all transactions have been completed and the payment of all sums due from You to Citibank has been made.
28.9 If You delay in complying with any of your obligations under this Clause 29 then the closure of Your Account(s) with Citibank may also be delayed.
28.10 Notwithstanding the above, Citibank may terminate Your Account immediately without notice in the event You are in material breach of these General Terms & Conditions.
28.11 In the event You inform Citibank or Citibank receives reliable information that You have moved from the United Kingdom to a country deemed by Citibank to fall within those countries it has determined are sensitive for the purposes of trading, Citibank reserves the right to terminate the Account with immediate effect.
29. Execution of transactions through third parties
29.1 You authorise Citibank to execute Your instructions by any conventional means Citibank considers suitable, including Banking channels, electronic or manual funds transfer systems, mail, courier, or telecommunications services, or other methods.
29.2 You agree that Citibank may, without prior notice to you, use the services of any institution, agent, associated company, exchange, or correspondent Citibank in carrying out your instructions.
29.3 You agree to be bound by the rules and requirements that govern the applicable exchanges and systems for the clearing or wire transfer of payments and to accept their normal charges
29.4 You understand that unless otherwise specified in this Agreement, no third party system, service or person is Citibanks' agent, and that Citibank is not responsible for anything such third parties do or fail to do.
30. Notices by Citibank
30.1 If Citibank sends any notice or other communication to the last registered address Citibank has for You, Citibank may consider it as having been received by You five Business Days after posting (mail) or one Business Day after transmission (telex, fax or electronic link).
31. Errors and ambiguities
31.1 It is Your responsibility to review Your Account statement and other advices, and to notify Citibank promptly of any discrepancies.
32. General indemnification
32.1 You will indemnify Citibank for any direct or consequential costs, losses, claims, actions, damages, expenses, taxes or duties, incurred by Citibank arising from or in connection with any breach of the Agreement by you unless the loss is caused as a direct consequence of Citibank's fraud, across negligence or wilful default.
33. No tax advice
33.1 You acknowledge that: You are solely responsible for acquiring appropriate independent tax advice regarding any transactions that you enter into pursuant to or under this Agreement relating to the Account and that nothing in this Agreement or in any other written or nonwritten communication between You and Citibank or any other Citigroup Organisation constitutes advice relating to tax or to the suitability from a tax planning perspective of any strategy, or Your compliance with any other laws, regulation or rules.
34. Assigning Citibank's rights and responsibilities
34.1 Citibank may at any time, assign or transfer its rights, benefits and responsibilities under this Agreement and any property that it is holding as security.
34.2 If Citibank does so, it will notify You, and the assignment will take effect 14 days after such notification.
34.3 Once the assignment has taken effect, Citibank shall no longer have any obligations to You regarding this Agreement.
35. Restriction on Your assignment of assets
35.1 You may not assign, encumber or otherwise charge your Accounts related to this Agreement to or in favour of a third party without Citibank's specific written consent. Any such transaction made without Citibank's prior written consent will not be recognised by Citibank and will be treated as void.
36. Variation
36.1 Citibank may change its interest rates on Your Account and will update the information held with CitiPhone and on Citibank's website within 3 Banking Days of the changes. Citibank will also send You a copy of the new Interest Rates and Charges sheet or tell you personally by email, secure internet messaging or separate written notice within 30 days.
36.2 Citibank may change any fees or charges payable by You for the day-to-day running of Your Account and will tell You of any change by sending You an e-mail, secure internet messaging or separate written notice at least 30 days in advance. Citibank will tell You of the charge for any other service or product before Citibank provides You with that service or product and at any time You ask.
36.3 Citibank may change any other of these Terms and Conditions and tell You about the change on Citibank's website or by sending You an e-mail, secure internet message or separate written notice. If the change is to Your disadvantage we will tell You about it by sending You an e-mail, secure internet message or separate written notice at least 30 days in advance. If the change is to Your disadvantage then provided that You have settled all Your liabilities under these Terms and Conditions, You may close or switch Your Account at any time up to 60 days from the date of the notice without having to pay any extra charges or interest for doing this. Citibank may make changes to take Account of:
36.3.1 market conditions; or
36.3.2 changes in the cost of providing this service to You; or
36.3.3 changes or anticipated changes in legal or other requirements affecting Citibank; or
36.3.4 any systems or product development or the introduction of new products or services; or
36.3.5 any other reasonable cause or reason.
37. Indulgence
37.1 Any concession which may be granted to You by Citibank shall not affect Your obligations or Citibank's rights in enforcing those rights.
38. Liability
38.1 The bank shall not be liable to you for any loss of profit, or opportunity, or consequential loss or damage to your reputation, save for any reasonably foreseeable loss directly attributable to negligent or wilful acts or commissions of or by the bank.
39. Force Majeure
39.1 Citibank shall not be liable to You for any act or omission caused by circumstances beyond Citibank's reasonable control, including but not limited to any computer systems failure, failure of electricity or other power supply or failure of any other person to perform his obligations to You, save for employees of Citibank.
40. Governing Law and Jurisdiction
40.1 These General Terms and Conditions and the Specific Terms and Conditions of the Account shall be governed by the laws of England and Wales. Any legal proceedings connected with Your Account may be brought in the English Courts. You (and in the case of a joint Account, each Account Holder) must submit to the jurisdiction of the English Courts.
40.2 Citibank may suspend or withhold payments or any transfer or withdrawal in respect of Your Account (hereinafter referred to as "Block") because of law or governmental acts or regulations in the United Kingdom or abroad or other causes beyond Citibank's control. Citibank may also Block your Account wherever there is or appears to be a conflict between instructions from Joint Account Holders per clause 7.4, and Citibank may refuse to unblock the Account until it is satisfied that no such conflict or legal requirement exists.
40.3 Only Citibank (and no other person) shall be liable to pay You any monies owing in respect of Your Bank Account. Monies owing to You in respect of Your Bank Account shall be payable only at the branch of Citibank in England where Your Account is maintained.
40.4 You acknowledge that You are solely responsible for, and that neither Citibank nor any affiliates, subsidiaries or other members of the Citigroup Organisation has any responsibility for, Your observance and compliance with any laws, regulations or rules applicable to Your use of the services provided by Citibank or any other affiliates, subsidiaries or other members of the Citigroup Organisation under this Agreement including, but not limited to, any laws, regulations or rules, in Your or any other jurisdiction, relating to tax, foreign exchange and/or capital control, and for reporting or filing requirements that may apply as a result of Your country of citizenship, domicile, residence, tax-paying status or where the services provided by Citibank may be conducted.
41. Information
41.1 Important - Use of Your Information
41.1.1 Whether or not Your application is successful, You agree that:
41.1.2 Citibank may send You information or call You about products of Citibank, or of companies within the Citigroup Organisation or of other organisations which may be of interest to You. Citibank may do this even when the customer/business relationship has lapsed or terminated; and
41.1.3 Citibank may pass Your details to companies of the Citigroup Organisation, to send You information or call You about their products.
41.2 You have a right at any time to stop Us from contacting You, or giving Your details to others for these purposes. You may write to: Data Protection Officer, Mail Drop: CGCII-19-51 Citibank International plc, Canada Square, Canary Wharf, London, E14 5LB.
41.3 We may disclose your information, for example:
41.3.1 if permitted by these Terms and Conditions or Your original Application Form;
41.3.2 if required to do so by any court order or similar process;
41.3.3 if required or permitted to do so by law or by the rules of any regulatory body;
41.3.4 to the USA and other countries (where necessary) outside the European Economic Area to administer and service Your Account. Where such a disclosure takes place Citibank will ensure a contract is in place to ensure a comparable level of protection for Your data is maintained,
41.3.5 if Citibank are under a public duty to disclose; and/or,
41.3.6 if it is in Citibank's own interests.
41.4 Citibank may disclose details of it's relationship with You to other organisations within the Citigroup Organisation for their confidential use. Citibank may also disclose such details to organisations within Our Group or other third parties where it is reasonably necessary to do so for processing Your dealings with them or Us or to enable them to provide services to You.
41.5 If Your Account is closed for any reason Citibank will hold Your information about You and Your Account for no longer than is absolutely necessary.
41.6 Citibank, other companies of the Citigroup Organisation and other reputable organisations will use, analyse and assess Your information to determine whether to enter into a relationship with You and to maintain and develop Our and their relationships with You. Citibank and other companies within Citigroup Organisation may also obtain, record, hold, disclose and otherwise process information concerning Your current or former names or gender (whether received from a third party or You, either in your application or subsequently) and You consent to that processing. The types of activity that this will include are:
41.6.1 considering whether to open an Account for You pursuant to Your application, considering any further applications made by You and helping Us and them make credit-related decisions about You and Your Account(s) with Us and them;
41.6.2 operating and administering the products and services Citibank and/or the Citigroup Organisation and other organisations supply;
41.6.3 servicing Your relationships with other companies of the Citigroup Organisation and other organisations;
41.6.4 helping Citibank and the Citigroup Organisation and other organisations to identify products and services which may be of interest to You (unless you have asked Us not to); and
41.6.5 helping Citibank and the Citigroup Organisation and other organisations to understand and develop Our and their businesses, including new and innovative products and services.
41.7 For operational reasons in order to carry out the activities listed in clause 41.6, Citibank may:
41.7.2 link or use information Citibank receive from third parties about You and the conduct of Your Account and Your current and former names or gender, and also link Your information with information about others with whom You have a financial association. Unless You write to tell Us not to, Citibank may use the links or information received from third parties for marketing purposes.
41.8 As our means of delivering products and services evolve, the way in which Citibank look at, record and use Your information may develop. In most cases these developments will result from improvements in technology. Where Citibank believe the developments may not be obvious to You, Citibank may give You notice of them. If Citibank have notified You of any developments and Your Account has been maintained for 45 days, You will be deemed to consent to that development.
41.9 Citibank may keep information relating to Your Account provided by third parties, including details of Your Transactions, to be used by Us for analysis in order to provide You with better services or to mail or call You with any products and services that may be of interest to You (unless You have asked Us not to).
42. Data Protection
42.1 As part of processing Your application and administering Your Account for banking, and any relevant insurance products, Citibank may search Your record at credit reference agencies who will supply Us with both credit and identity information, including any former names and genders, and You consent to the use and processing of this information . The credit reference agencies will add to Your record details of any of Citibank searches whether or not Your application proceeds successfully. Any searches made by Us will be seen by other organizations that make searches.
42.2 Citibank do give credit reference agencies monthly details of behaviour associated with Your Account until it is closed with no balance outstanding.
42.3 Credit searches and other information that is provided to Us and/or credit reference agencies about You and those with whom You are linked financially may be used by other Companies and Citibank if credit decisions are made about You or other persons with whom You are linked financially.
42.4 Information held about You by credit reference agencies may already be linked to records relating to one or more of Your partners or to records relating to any current or former names or genders. For the purposes of any application, You may be treated as financially linked and Your application assessed with reference to any "associated records". If You have told Citibank of some financial association with another person, You are declaring that You are entitled to:
42.4.1 disclose information about anyone else referred to by You;
42.4.2 authorise Citibank to search; and
42.4.3 link or record information at credit reference agencies about You and anyone referred to by You.
42.5 An "association" between You and anyone You tell Citibank is Your financial partner will be created at credit reference agencies. This will link Your financial records, each of which will be taken into Account in all future applications made either by You, or both of You. This will continue until one of you successfully files a disassociation at the credit reference agencies.
42.6 Citibank may undertake additional searches at credit reference agencies when considering Your application form or during the lifecycle of Your Account:
42.6.1 If the information You provide does not lead to a result enabling a decision to be made as to whether to issue a Card;
42.6.2 to manage Your Account with Citibank;
42.6.3 if information is needed to make a decision about Your Credit Limit; and/or
42.6.4 if Citibank wish to make other products, services or benefits available to You.
42.7 Citibank may transfer Your personal data to any member of the Citibank Organisation for processing. It is important that You give Citibank accurate information.
42.8 Citibank may check Your details with fraud prevention agencies, and if You give us false or inaccurate information and Citibank suspect fraud, Citibank will record this. Your records may be shared with other organisations and used by us and them to:
42.8.1 help make decisions about credit and credit related services for You and other persons with whom You are linked financially; and/or
42.8.2 trace debtors, recover debt, and prevent money laundering and fraud.
42.9 Citibank, credit reference and fraud prevention agencies, will also use Your record for statistical analysis on credit, insurance and fraud. Fraud prevention agency records will also be shared with other organisations to help make future decisions on motor, household, credit, life and other insurance proposals and insurance claims, for You and other persons with whom You are linked financially.
42.10 Citibank will verify and record information supplied by You as part of the fight against terrorism and to prevent money laundering activity.
42.11 If you want to have details of those credit reference and fraud prevention agencies from whom Citibank obtain and to whom Citibank pass information about you, You have a legal right to these details. You have a right to receive a copy of the information Citibank hold about you if you apply to us in writing: Data Protection Officer, Mail Drop: CGCII-19-51 Citibank International plc, Citigroup Centre, Canada Square, London, E14 5LB. A fee of £10 will be payable.
43. Transfer of Data abroad
43.1 Data may be transferred to, and stored and processed in, other countries including countries which do not offer "adequate protection" for the purposes of Directive 95/46/EC of the European Union for any purpose related to the operation of Your account.
43.2 Such purposes include but are not limited to processing of instructions and generation of confirmations, advices and statements; maintenance of accurate "know your customer" information; the operation of control systems; the operation of management information systems and allowing Citigroup's Organisation staff who share responsibility for managing Your relationship from other offices to view information about You.
43.3 Data may also become subject to the legal disclosure requirements of other countries.
43.4 You consent to have your Data transferred to other countries (including countries which do not offer adequate personal data protection) and you agree that if Your data is required by another country's laws or regulatory rules to be disclosed to that country's regulators, authorities, or law enforcement agencies, that it can be so disclosed.
44. Cooling Off Period (Cancellation)
44.1 If you are not happy with Your choice of current or savings Account (except for a fixed rate Account) within 14 days of receiving this Terms and Conditions booklet, Citibank will help You switch to another Bank Account or if You wish to cancel Your Account, Citibank will give You all your money back with any interest Your money has earned.
44.2 If Citibank has provided You with credit, by way of an overdraft or other type of cash loan, before the cancellation occurred You must return any sum owed, including interest and fees due, as soon as possible but no later than 30 days after You cancelled Your Account.
45. Complaints Procedure
45.1 Should You be dissatisfied with any aspects of the services provided under this Agreement, You may make a complaint to Your relationship manager.
45.2 Within 5 Business Days of Citibank receiving the complaint, You will be notified of the action that has been taken or, alternatively, will be notified of the action that has been planned and the date upon which Citibank expects this action to have been implemented and You will have received written acknowledgement of the complaint (notifying You of the name or job title of the individual handling the complaint for Citibank together with details of Citibank's internal complaint handling procedures).
45.3 Within four weeks of receiving the complaint, Citibank will send You a final response or a holding response, explaining why Citibank cannot yet resolve the complaint and indicating when Citibank will make further contact (which will be within eight weeks of receipt of the complaint).
45.4 If Citibank is unable to make a final response within eight weeks after its receipt of the complaint, Citibank will explain the reasons for this, indicate when Citibank expects to be able to provide a final response and inform You that You may refer the complaint to the Financial Ombudsman Service, regarding which Citibank will give You an explanatory leaflet.
45.5 You are reminded that You have a right of complaint direct to the Financial Ombudsman Service if dissatisfied with the outcome of Citibank's investigation of the complaint, or if You feel that Citibank has not conducted the business throughout in conformity with this Agreement and, therefore, to ask the Financial Ombudsman Service to investigate the complaint. You must do this within six months of Citibank sending its final response regarding the complaint. The address to which You should write is: The Financial Ombudsman Service (FOS) South Quay Plaza 183 Marsh Wall London E14 9SR Tel: Helpline 0845 080 1800 Tel: Switchboard 019 7964 1000 The Website: www.financial-ombudsman.org.uk
45.6 You may also request from Citibank a statement which describes Your rights to compensation if Citibank is unable to meet its liabilities to You.
45.7 Where Citibank has reasonable grounds to believe another firm (for example one whose products Citibank markets) is solely or jointly responsible for the fault alleged in the complaint, Citibank will refer the complaint within five Business Days of the date on which it became satisfied the other firm is responsible and will inform You of the referral and of the other firm's contact details. In the case of joint responsibility, Citibank will continue to investigate the part of the complaint that is its responsibility in accordance with the procedure above.
46. Communication
46.1 All communication, such as telephone conversations, e-mails, statements etc will be provided by Citibank in English.
47. Compensation
47.1 The compensation scheme called the Financial Services Compensation Scheme (the "FSCS") created under the Financial Services and Markets Act 2000, offers protection in connection to Deposits in the event of customers of The Bank suffering a financial loss as a direct consequence of Bank being unable to meet any of its liabilities.
47.2 Subject to the FSCS rules regarding eligible claimants and eligible claims, You may have a right to claim compensation from the FSCS.
47.3 Subject always to such terms as the FSCS may impose on any compensation payable and to the type of business and the circumstances of the claim, most types of deposits are covered, at the date of this Agreement, for 100% of the first £50,000 of a depositor's total deposits with Citibank International plc.
47.4 A detailed description of the FSCS (including information on how to make a claim, eligibility criteria and the procedures involved) is available from the FSCS which can be contacted at 7th Floor, Lloyds Chambers, Portsoken Street, London E1 8BN.
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