ACCOUNT OPENING FORM - DECLARATION
12. INDIVIDUAL ACCOUNT MANDATE
To Access Bank (Ghana) Plc
I/WE HEREBY REQUEST AND AUTHORIZE YOU TO
1. Open an account in my/our name and at any time subsequently to open further accounts as I/WE may direct
2. Honour all cheques or other orders which may be drawn on the said account provided. Such cheques or orders are signed by me/us and to debit such cheques or orders to the said account whether such account be for the time being in credit or overdrawn or may become overdrawn in consequence of such debit without prejudice to your right to refuse to allow any overdraft and inconsideration. I/We agree.
a) To assume full responsibility for the genuineness of correctness and validity of endorsement appearing on all cheques, orders, bills, notes, negotiable instruments receipts and/or other documents deposited in my/our account.
(b) To be responsible for the repayment of any overdraft with interest and to comply and be bound by the bank’s rules for the conduct of a current account receipt of which I/ WE hereby acknowledge.
(c) To free the bank from any responsibility for any loss or damage to funds deposited with the bank due to any future government order, law, levy, tax, embargo and/or all other causes beyond the bank’s control
(d) That all funds standing to my/our credit are payable on the demand only in such local currency as may be in circulation.
(e) To be bound by any notification of change conditions governing the account directed to my/our last known address shall be considered as duly delivered and received by me/us at the time it will be delivered in the ordinary course of post.
(f) That if a cheque credited to my/our individual current account is returned dishonoured, the same may be transmitted to me/us through my/our last known address either by the bearer or by post
(g) I/We note that the Bank will accept no liability whatsoever for funds handed to members of sta outside the Bank’s premises.
(h) That my/our attention has been drawn to the necessity of safeguarding my/our cheque book so that unauthorized persons are unable to gain access to it and to the fact that neglect of this precaution may be ground for any consequential loss being charged to my/our account.
(I) That the Bank is under no obligation to honour a cheque(s) drawn on this account unless there are su ciant funds in the account to cover the value of the said cheque and I/We are obliged to me/us unpaid but if paid, I/We are obliged to repay the Bank on demand.
(j) That any disagreements with entries on my/our Bank Statements will be made by me/ us within 15days from the dispatch of the Bank Statement. Failing receipt by the Bank of a notice of disagreement of entries within 15days from the date of dispatch of my/ our Bank Statement as it shall be rendered correct.
(k) That any sum standing to the debit of the current account shall bear interest charges at the rate fixed by the Bank from time to time.
The Bank is authorized to debit from the account the banking charges, interest, commissions and service charges, interest, commissions and service charge set by the Management from time to time.
I/We also agree that in addition to any general lien or similar right to which you as bankers may be entitled by law, the bank may at any time without notice to me/us combine or consolidate all or any of my/your accounts without any liabilities to you and set o my/our accounts without any liabilities to you and set o or transfer any sum or sums standing to the credit, be it cheques, valuables, deposits, securities, negotiable instruments or assets belonging to me/us liabilities to the bank or any other account or in any other respect whether such liabilities be actual or contingents, primary or collateral and joint or several
13. CHEQUE CONFIRMATION POLICY (For Cheque Bearing Accounts Only)
You will be required to pre-confirm any cheque above GHS 2,000.00
14. DISCLOSURE OF INFORMATION TO IRS (U.S CITIZENS ONLY)
I/We consent to the disclosure of my/our account information to the U.S Internal Revenue Service (IRS) in line with the Bank’s compliance with the Foreign Account Tax Compliance Act (FATCA)
15. ELECTRONIC BANKING AGREEMENT
1. Introduction
1.1 This Agreement is a service agreement, which applies to Communication (defined below)
1.2 The Customer will provide to Access Bank Ghana Plc. documents and other information reasonably required by it in connection with this Agreement.
2. Authority
2.1 Access Bank Ghana may rely on the authority of each person designed (in a form acceptable to Access Bank Ghana) by the Customer to end Communications or by written notice
or other notice acceptable to it of any change.
3 Communications
3.1 Each of the Customer and Access Bank Ghana Plc. will comply with certain agrees security procedures (the Procedures) designed to verify the origination of communications between them such as enquiries. Advices and instructions (each a communication)
3.2 Access Bank Ghana Plc. is not obliged to do anything other than what is contained in the producers to establish communication. Access Bank Ghana Plc. is not responsible for errors or omissions made by the Customers or duplication of any Communication by the reference to an account number only, even if an account name is not provided. Access Bank Ghana Plc. may act on a communication if it reasonably believes it contains su cient information.
3.3 Access Bank Ghana Plc. may decide not to act on a communication, where it reasonably doubts its contents, authorizat ion, or igination or compliance with the procedures and will promptly notify the customer (by the telephone if appropriate) of its decision.
3.4 If the customer informs Access Bank Ghana Plc. that it wishes to recall, cancel or amend a communication, Access Bank Ghana Plc. will use its reasonable e orts to comply
3.5 If Access Bank Ghana Plc. acts on any communication sent by any means requiring manual intervention (such as telephone, telex, electronic mail or disks) sent by Procedures, the customer will be responsible for any loss Access Bank Ghana Plc. may incur in connection with that communication
4. Statement
4.1 The customer will notify Access Bank Ghana Plc. in writing of anything incorrect in a statement promptly and in any case within thirty (30) days from the date on which the statement or advice is sent to the customer
5. Performance
5.1 Access Bank Ghana Plc. will act in good faith and reasonable care, as determined in accordance with the standards and practices of the banking industry , and cheque may use any communications, clearing or payment system, intermediary bank or other entity (each “system”) It reasonably selects; Access Bank Ghana Plc. performance is subjected to the rules and regulations at any time of any system.
5.2 Neither the customer nor Access Bank Ghana Plc. shall have liability for any indirect, incidental or consequential loss or damages (including loss profit), even if advised of the possibility of such loss or damages.
5.3 Neither the customer nor Access Bank Ghana Plc. will be responsible for any failure of obligations under the Agreement if such performance would result in it being breach of any government or other authority in accordance with which it is required to act or if its performance is prevented, hindered or delayed by a Force Majeure Event; in such case its obligations shall be suspended for so long as the Force Event continues.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of the relevant party, such restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of any system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any, riots, insurrection, war or acts of government.
6. Customer Information
6.1 Access Bank will treat information relating to the customer, as confidential but (unless consent is prohibited by law) the Customer consents to the transfer and disclosure by Access Bank Ghana Plc. of any information relating to the customer to and between the branches, subsidiaries, representatives o ces, a liates and agents of Access Bank Ghana Plc. and any branch, subsidiary, representative o ces, a liate agent or third party may transfer and disclose any such information as required by any law, court, regulator or legal
7. Termination process.
7.1 The customer or Access Bank Ghana Plc. may terminate this agreement on reasonable notice (taking into account any communication and any service).
8. General
8.1 Neither the Customer nor Access Bank Ghana Plc. may assign or transfer any of its rights or obligations under this agreement without the others written with consent which will not be unreasonably withheld or delayed provided that Access Bank Ghana Plc. may make such an assignment or transfer to a branch, subsidiary a liate if it does not materially a ect the provision of services to the customer
8.2 If any provision of this Agreement is or become illegal. invalid or unenforceable under any
applicable law, the remaining of this Aggreement will remain in full force and e ect (as will that provision under any other law).
8.3 No failure or delay of the Customer or Access Bank Ghana Plc. in exercising any right or remedy under this Agreement will constitute a waiver of that right. Any waiver of any right will be limited to the specific instance
8.4 The Customer and Access Bank Ghana Plc. consent to telephonic or electronic monitoring or recording for security and quality of service purposes and agree that either may produce telephonic or electronic recordings or computer records as evidence in any proceedings brought in connection with this agreement.
8.5 Written notice shall be e ective if delivered to either parties address specified below
(or at any address it may provide by written notice for purpose). Notices shall be in English
unless otherwise agreed
CAUTION: ACCESS BANK GHANA PLC SHALL NOT BE LEGALLY OR OTHERWISE RESPONSIBLE WHERE CUSTOMER’S USERNAME AND PASSWORD KNOWN ONLY TO THE CUSTOMER IS ACCURATE PROVIDED BY ANY OTHER PERSON APART FROM THE CUSTOMER FOR ANY TRANSACTIONS COMMUNICATION WHERE IT REASONABLE CONTAINS SUFFICIENT INFORMATION BELIEVED TO HAVE EMANATED FROM THE CUSTOMER.
1. DEFINITIONS
In this Agreement:
“Account” means any account held by the Cardholder in the Bank from which the Cardholder can carry on transaction with the Card.
“Account holder” means a customer of the Bank who has an account with the Bank.
“Card or accesscard” means the debit card, including any renewal, replacement or Additional card(s) issued by the Bank to the Cardholder.
“Cardholder” means the person to whom the Bank issues one or more of the card.
“Hotlist” means the list containing information on missing, lost, stolen, invalid, and cancelled cards.
“Participating bank” means any bank other than the Bank participating in the Visa Payment System.
“PIN” means the personal identification Number imputed and personally known to the Cardholder for use with a card.
“Point of sale Machine POS” means the machine used by the retailers and suppliers of goods and services exclusively for transferring and updating units of electronic value.
2. ISSUE OF CARDS
2.1 The Card is a debit card available only to Account holders of the Bank.
2.2 The Card shall only be used by the Cardholder and in accordance with the terms and conditions herein stated.
2.3 Withdrawal of funds with the Card from any ATM is only allowable against the credit balance on the relevant account of the Cardholder.
2.4 The Card may be used at all ATMs of other participating banks on the Visa network.
3. USE OF THE CARD AND PIN
3.1. The Cardholder shall exercise all possible care to ensure the safety of the Card in his/her possession at all times.
3.2 The Cardholder shall be responsible for formulation and imputation of his/her PIN which shall at all times be known only and be used solely by the Cardholder.
3.3 The PIN shall not under any circumstances be disclosed to any third party and if written on Cardholder to keep such material entirely secured at all times.
3.4 Use of the Card shall not be allowed after the validity period stated on the Card, after same has been placed on the hotlist, or after any notification to the Cardholder by the Bank or any of its o cers or agents of the cancellation or withdrawal of the card.
3.5 It shall be the responsibility of the Cardholder to notify the Bank immediately in respect of any change in his/her name, business or residential change address or telephone numbers(s)
3.8 The Cardholder shall be exclusively responsible for any losses to the Bank arising from the want or exercise of care in keeping the Card or the secrecy of the PIN or the use of the Card by any person whatsoever other than the Cardholder
3.9 The Cardholder shall assit the Bank and/or its o cers or agents in the investigation of any loss, theft or possible misuse of the the Card and in the recovery of any such Card.
4. TRANSACTION LIMIT
Withdrawal per transaction from any ATM and the daily withdrawal limit will be received from time to time.
5. FEES
All fees and charges applicable for the issuance and use of the Card shall be as may be determined from time to time by the bank.
6. REPRESENTATION AND WARRANTORS OF THE BANK
The Bank represents and warrants as follows:
6.1 The Bank is a member of the Visa payment systems.
6.2 The Card may be used in all ATMs BEARING THE Visa Payment Logos irrespective of the Bank of ownership.
Provided that;
6.2.1 The Card is valid, and authorized in accordance with agreed security measures.
6.2.2 The Cardholder pays any fees including cash withdrawal fees charged by the Bank or the participating bank
6.2.3 The Card is not on the hotlist and
6.2.4 The transaction meets the condition set by the participating bank.
7. CONVENIENCE OF THE CARDS
The Cardholder hereby convents and undertakes that the Cardholder shall comply with the terms of this Agreement and all other rules and regulations relating to the issuance and use of the Card.
8. LOST AND STOLEN CARDS
If a card is lost, missing or stolen or if the PIN becomes known to any other person or if the PIN is likely misused, the Cardholder must, as soon as possible notify the Bank Loss Centre at East Cantonments Branch or the nearest branch of the Bank.
Individual Account Opening Form 11
8.2 Where such notification is made orally, it shall not take e ect until the Bank receives
the active notification in writing and the cardholder shall be reliable in respect of any use
of the card within seven days after the receipt of such written notifications.
8.3 Upon receipt of such Notice as contemplated above, the Bank shall at the cost of the Cardholder issue a replacement card to the Cardholder.
8.4 It shall be the responsibility of the Cardholder to change the PIN as soon as a replacement Card is issued.
8.5 Any card that is reported as lost, stolen or missing and is found or recovered thereafter must be returned to the Bank immediately upon being found or recovered
9. BANKRUPTCY, INSOLVENCY AND RECEIVERSHIP
In the event of the dissolution, death, bankruptcy, or liquidation of the Cardholder, the Bank shall at its absolute discretion terminate this agreement and disable the Card, or in the absence of any court order to the contrary, for a fee and within two weeks of notification of any of the events aforesaid, issue a new card in favour of the receiver, receiver/manager, liquidator, trustee-inbankruptcy, executor or administrator of the Cardholder.
10. DISCLOSURE OF INFORMATION
(I) Access Bank may hold and process by computer or any other means, information obtained about the Cardholder in consequence of this agreement.
(ii) Access Bank may disclose information on the cardholder to:
(a) Any person (including the police) for purpose of investigation of a fraud or any related matter
(b) Any relevant party involved in processing Access card transactions.
(c) Any person who may assume Access Bank’s right under this agreement.
(d) Any party, if permitted or compelled to do so by the provision of any enactment, order of a court of law or of any regulatory institution.
11. TERMINATION OF THIS AGREEMENT
11.1 Either party may terminate this agreement with seven days written notice to the other party. PROVIDED HOWEVER, THAT the Bank may terminate this agreement with or without notice if the circumstances so warrant
12. GENERAL PROVISIONS
12.1 The Bank reserves the right at all times to supplement, amend or vary this agreement as a result of a requirement of law or product development or such other reason communicated to the cardholder at the time of notification of the change. Any such change will be e ective upon notice to the cardholder and notice shall be by any means the Bank thinks fit. On receipt of such notification, the cardholder may by his/her discretion terminate this
agreement in accordance with the conditions of this agreement.
12.2 On termination, bankruptcy, dissolution, insolvency, liquidation or death, the cardholder’s obligations will continue until all cards issued in respect of the account are returned and all outstanding indebtedness owed to the bank by the Cardholder is fully repaid.
12.3 The waiver by the bank of any breach of any term of this agreement will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
18. DECLARATION
I/we hereby apply for the opening of account(s) with Access Bank (Ghana) Plc. I/we understand that the information given herein and the documents supplied are the basis for opening such account(s) and I/We therefore warrant that such information is correct.
I/we further undertake to indemnify the Bank for any loss su ered as a result of any error in the information provided to the Bank.
DISCLOSURE TO CREDIT REFERENCE BUREAUS
The Bank will obtain information about you from the credit reference bureaus to check your credit status and identity. The bureaus will record our enquiries which may be seen by other institutions that make their own credit enquiries about you.
The Bank shall also disclose your credit transactions to credit reference bureaus in accordance with the Credit Reporting Act, 2007 (Act 726).