Egg Home >   Bank >    Savings >    Customer Relationship Agreement >

		1. Introduction 1.1 This Egg Customer Relationship Agreement sets out clearly what we agree to do for you. It also explains clearly what you agree to do for us regarding the product(s) you select in your application form. It will also apply to any product or service which you apply for in the future and which is covered by this agreement. This agreement is made up of: these General Terms and Conditions; any other Special Conditions (such as interest rates, notice periods and charges) contained in separate leaflets or which we tell you about before we provide a product or service to you; the application form signed by you, or, where a paper application form is not required, the online application form submitted by you. 1.2 These General Terms and Conditions apply to our savings accounts and the services we provide which allow you to access and manage those accounts. The accounts can be opened by UK residents. We will ask you to enter into a separate agreement for our credit card, personal loan, mortgage, insurance and investment products. 1.3 We will always give you a written copy of any Special Conditions for any product or service we provide. If we think the Special Conditions are too complicated to explain in a telephone call, we will give you a written copy before we provide the product or service. If the Special Conditions are inconsistent with any of these General Terms and Conditions, the Special Conditions will apply (subject to Condition 11.4). 1.4 You can ask for a copy of these General Terms and Conditions and any Special Conditions which apply to your products or services at any time. If your account is an internet based account you can also view the Terms and Conditions applicable to your product or service by visiting our site. 1.5 So that we can provide products and services designed specially for you, we will collect and review all the information which: you give to us, to other Egg companies and to linked suppliers; or which we, other Egg companies and linked suppliers obtain about you personally in connection with the Egg Customer Relationship Agreement and any accounts or products and services you take from us. For details of how we use this information and the rights you have in relation to your information please read Condition 12. 1.6 As we develop and improve our products and services and introduce new ways of communicating with you, we will change this agreement under Condition 13. 1.7 The services we provide under this agreement are for your personal use only. We do not provide services for businesses, clubs, charities, other organisations or trustees. If we are concerned for customer security reasons that an account may be unsuitable for operation under a Power of Attorney or upon the authority of an authorised person under Condition 5.1, we may reject an application for the account, or close the account (if already open) under Condition 11 if we reasonably think it appropriate to do so. 1.8 In this agreement "we", "us", and "our" mean Egg Banking plc, and "you" and "your" mean the person who signed the application form, or if more than one person signed the application form, all of them, or where a paper application is not required, the person in whose name an online application is made. "Business Day" means a day other than a Saturday, Sunday or Bank Holiday in England (although we provide internet services seven days a week, we cannot usually act on any instruction you give us or make payments in to or out of your accounts on Saturdays, Sundays or English Bank Holidays). "Group" means Citigroup Inc and its group of companies including Egg Banking plc. If Egg Banking plc changes group, it will mean the new group. "Linked supplier" means a company which provides additional benefits or services to you under an arrangement with us including any responsible aggregator approved by us. The "Secure Area" means that part of our operation which can only be accessed on the Egg website or telephone by Egg customers who have been through our security checks. 2. Contacting each other 2.1 We may contact each other by post, telephone (including automatic calling systems), fax, internet, other electronic means and in other ways which we will tell you about from time to time using the latest details you have given us, or we have given you. If you want to prevent others from reading electronic (including email) messages we send you, you must setup your own password protection on your system at home or work. You may not be able to prevent email messages being monitored at work. We will tell you if any of our contact details change. We also need you to tell us if your name, address, telephone, email or any other details change. If you do not tell us promptly about any change to your contact details, the security of your information may be at risk and you may not receive important information from us, including notices about changes to the agreement. If you do not do not tell us about a change we may charge you any costs and expenses we reasonably incur in tracing you. 2.2 Where we must give you notice under this agreement, we will do so in writing including (if we reasonably consider appropriate) in statements or by email, unless we tell you otherwise. 2.3 Please do not send us your account details or confidential information by email. If you do send us an email, we may (where we reasonably think appropriate) ask you to confirm the email using the messaging facility on the internet service or by phone, through the Secure Area and you cannot assume that your email has reached us until we return an email acknowledging receipt. We will normally do this within four Business Days, and recommend that you contact us again if you have not heard by then. 2.4 All accounts covered by these General Terms and Conditions are accessible via the internet. Subject to these General Terms and Conditions and any Special Conditions which apply to your account, you are free to make payments and account transfers and open new accounts. In the case of emergency, where you have no access to the internet, you can contact us in writing, by telephone or other electronic means we tell you about. We carry out routine maintenance from time to time on our systems and during these times your ability to access your accounts may be limited. 2.5 When you telephone or contact us by internet we will check your identity from the security details and password which you give us when you set up security. 2.6 We may record telephone calls you make to us so that we have a record of your instructions. We may also listen to calls and monitor emails to help us monitor the quality of our service and for training purposes. 2.7 If we contact, or try to contact, each other by telephone, we may leave a message for you to call or contact us on an answering machine or with the person who answers our call. 3. Security 3.1 Before we act on an instruction, we will carry out checks designed to ensure that we believe the instruction has come from you and is clear. We will treat an instruction as being made by you if: it is in writing and has a signature that we reasonably believe to be yours; or if we are reasonably satisfied that you are who you say you are (for example by verifying security details or by providing additional identification documents); or if it has been made using a "payment instrument" that we have given you or agreed with you. "Payment instrument" means something that is unique to you and which you can use to make transactions on your account and to give us instructions. This could include a set of procedures such as a personal identification number ("PIN"), password, security key, biometric data or other security details. 3.2 We may establish security procedures with you either by post, telephone, internet or other electronic means. You must never tell anyone your security details and password (except to gain access to the Secure Area) or allow anyone else to use your security details or password to access the Secure Area. If you are in any doubt about the authenticity of a caller or their manner causes you suspicion, take their details and call us. You must as far as is reasonably possible: always do all that you can to keep your security details and passwords secret at all times and when accessing the Secure Area; and make sure that your security details and passwords will not be kept in any form (by browser or any other software) in such a way that other users of the same workstation can gain access to the Secure Area. If you write down any of your PIN, password or other security information you must make a reasonable attempt to disguise them and you should not keep any record with your other account information. 3.3 You must tell us as soon as reasonably possible if: you think that someone else knows your security details or password; you think that someone else (other than a joint account holder or authorised person) is trying to use your account; you think your security details or password have been kept in any form which may allow others access to the Secure Area, in which case you should immediately arrange for the details to be deleted or the software disabled. Until you tell us: you will be responsible for all payments we make and all losses on your account, even if the instruction was not given by you, if we can show that you have acted fraudulently or, deliberately or grossly negligently (which broadly means very carelessly), have not kept your security details and password secret; we will not be responsible for any unauthorised access to confidential information about you on the Secure Area. Normally we will pay back into your account the amount of any payments we make after you have told us, and any interest you would have earned had the money not been taken from your account. However, if we subsequently find out you were responsible for the payment we will deduct the amount of the payment from your account and any interest we have paid you in respect of that amount in the meantime. 3.4 We can ask you to confirm instructions by telephone, internet and other electronic means in writing if we reasonably feel this is appropriate. 3.5 We may refuse to act on your instructions (including those in respect of withdrawals, payments and transfers) if: we reasonably suspect fraudulent or other criminal activity; we reasonably believe that by carrying out the instruction we might break a law, regulation, code or other duty that applies to us; they are in relation to services not offered on your particular account; you do not have sufficient funds available because a Direct Debit payment into an account may still be reclaimed by the paying bank (this may be up to five days after we receive information about the Direct Debit payment); the conditions in clauses 5.5 and 5.8 below have not been met; or you ask us to make a payment in sterling to an account in the UK that cannot accept payments through the Faster Payments Service or CHAPS. Unless we are not permitted to do so by law, we will as soon as possible try to tell you why we will not carry out the instruction and what you can do to correct any errors in the instructions. Where your instruction involves making a payment to another bank, we will contact you before the time the payment should have reached the other bank. You can also contact us to find out why an instruction has been refused. 3.6 When you use our internet service you must ensure that your computer and modem comply with any requirements we reasonably consider appropriate and tell you about from time to time. You must also follow any procedures and instructions we reasonably ask you to follow to make use of an account or related services, such as our internet service. 3.7 If we give you software to help you to use our internet service you must not change it or allow anyone else to use or copy it. You must carry out your own virus checks. 3.8 You must tell us as soon as you reasonably can if you find any failure, delay or error in our internet service, especially in the sending or receiving of instructions or any suspected fraud. 3.9 Accessing our internet service from another country may be an offence in that country: this will be at your risk if you use our internet service outside the UK. 3.10 If you want a third party to collect information about your Egg accounts from us so that it can be aggregated with information about other accounts you have, you may be asked to give your security details and passwords to that third party. Before doing so, you must check that that third party is approved by us. We will not treat the disclosure of your security details and passwords to such a third party whom we have approved as a breach by you of the provisions of this Condition 3. 4. Paying money into your accounts 4.1 Depending on the particular account, you can make payments into your account by cheque, bank giro credit, debit card, transfers and Direct Debits from another account. You cannot make payments by cash, postal order or travellers' cheque. All payments must be in sterling and cheques must be drawn on a UK bank or building society. 4.2 We may process all cheques you send us for payment into your account when we receive them, even if they have a future date on them, as our processing is done automatically. We will not be liable to you if we do this. Please note that, in any case, cheques are not normally meant to have a future date and we recommend that you do not try to cash such cheques until the future date arrives. 4.3 When you pay money into your account it will be shown on your statement as soon as we have processed the payment. This is the balance which will be quoted to you if you request a balance over the telephone, internet and other electronic means. 4.4 You cannot make payments into an account if this would result in the total credit balances on your accounts going over our customer limit specified in the Special Conditions. 4.5 If a cheque you send us for payment into your account is more than six months old, we do not have to accept it. (Please note that cheques often expire if they are more than six months old, so we recommend paying them in good time, or asking for a replacement cheque if they have expired.) 4.6 You cannot withdraw the money you have paid into your account until it has cleared. The central clearing cycle applies to cheques paid into most clearing bank accounts (where clearance normally takes three Business Days). Cheques paid into your Egg account normally clear on the seventh Business Day (including the day we receive the cheque), so for example if we receive a cheque on Monday it will normally clear on Tuesday of the following week. Where we receive payments into your account by debit card, transfer (for example, by Direct Debit, BACS, Chaps or Faster Payments) it will be available to you for immediate use so long as we receive it before the cut-off time on that Business Day. If we receive it after the cut-off time it will be available on the next Business Day. This will also be the case where debit card payments are received on non-Business Days. Faster Payments received on non-Business Days (whether before or after the cut-off time) will be credited to your account on the next Business Day. See Condition 6.4 for information on when you will start to earn interest. 5. Taking money out of your accounts 5.1 Depending on the particular account, we can make payments and account transfers on instructions you give us: on documents you or an authorised person have signed (but not copies or facsimiles); by telephone, internet and other electronic means we may have provided, subject to our withdrawal limits, as long as the relevant security information and passwords have been given to us - including a payment instrument being used (see Condition 3.1). 5.2 Depending on the particular account, you can take money out of your account by asking us to: make a direct transfer to another Egg account in your name or a UK bank account which you have previously nominated; make other direct transfers agreed with us. 5.3 Where you ask us to transfer money to another Egg savings account this will happen on the same Business Day (and also on the same non-Business Day) if the accounts are held in the same name and you give your instructions before the cut-off time. 5.4 When you make payments in to another UK bank account, we will (unless you specifically ask us to use CHAPS to make a payment): use the Faster Payments Service if the payment is for £100,000 or less; or use CHAPS (where possible) if the account you ask us to transfer money to does not accept payments through the Faster Payments Service, or if the payment is for more than £100,000; and (subject to clause 5.5) make sure that the payment reaches the beneficiary bank by the end of the Business Day after we received the instruction. If you specifically ask us to use CHAPS, the payment will reach the destination account on the same Business Day provided you give your instruction before the cut-off time. 5.5 If you give us instructions in writing to make a payment, that payment may take up to one Business Day longer to reach the payee's account than is set out in clause 5.4. 5.6 You can only take money out of your account if you have sufficient cleared funds. We are sometimes given value for a payment before the paying bank has checked that its customer has funds to pay it. If this happens and the paying bank reclaims the payment, we will take the amount of the payment out of your account, even if it is then overdrawn. Where you have paid money in by cheque, we will not take the money out of your account if the paying bank reclaims it after the end of the seventh Business Day (including the day we receive the cheque) unless you have acted fraudulently, so for example if we receive a cheque on Monday you can normally be sure the money will not be taken from your account after Tuesday of the following week. 5.7 Normally we will act on your instructions to take money out of your account as soon as we receive your instruction. If you ask us to make a payment on a future date, we will treat your instructions as being received on that date. Subject to Condition 5.3, if we receive them on a non-Business Day (such as Saturday or Sunday) or after the cut-off time, we will act on your instructions on the next Business Day. For details of cut-off times please see our website at www.egg.com. 5.8 Instructions to pay money from your account cannot be cancelled once we have received them as we start to process them straightaway. You can cancel a payment you ask us to make on a future date so long as you tell us by the end of the Business Day before the payment is due to be made. 5.9 We can refuse to make any payment if you do not have enough cleared money on the account at the close of the Business Day before the payment is due to be made. In deciding whether you have enough money, we take account of payments which we have notice of but which have not yet been taken out of your account. 5.10 We can restrict at any time the amount which can be withdrawn from your account. We will only do this if: we reasonably believe that there may be fraudulent activity or other financial crime affecting the account; we are required to do so by any law, regulation or court order; there is a dispute (which we reasonably believe may be genuine) about the ownership of, or entitlement to, the money in the account; or circumstances beyond our reasonable control prevent us from offering a normal service (such as in the event of terrorist threat, computer systems failure or strikes). In this event: - we will act proportionately to the circumstances in question; - we will take all reasonable steps to ensure that the restrictions are lifted as soon as practical and to minimise the inconvenience to you; - we will, if practical, give advance notice; and - we may consider exceptions to the restrictions if we are reasonably satisfied that substantial hardship would otherwise be caused. 5.11 We may use any credit balances in any currency on any account you have with us to reduce or repay any overdrawn balances or other amounts you owe us either in your own name or jointly with anyone else. We will tell you at least seven days before doing this unless we reasonably think you will move your money to stop us, in which case we will tell you as soon as possible after we have taken the action. 5.12 If you ask us to make a payment to an account at another bank and that bank says it did not receive the payment, we will (without undue delay) refund the amount of the payment and return your account to the position it would have been in if the payment had not been made, except in the following cases: there was a mistake in any of the details contained in the instruction you gave us. If this is the case, we will make reasonable efforts to recover the funds, and will charge you a reasonable amount to cover our costs in doing so. We will tell you the amount of the additional charge before we take the action; or we can show that the payment was received by the other person's bank. In this case, that bank may be required by law to make the payment immediately to that person. 5.13 If you have set up Direct Debits on your account, you may be able to claim refunds under the Direct Debit Guarantee (set out on the Direct Debit form). 6. Interest 6.1 We will pay interest on the money in your account at the rate or rates from time to time applicable to your account as set out in the Special Conditions or the application form signed by you, or, where a paper application form is not required, the online application form submitted by you. 6.2 Interest will be calculated on a daily compound basis to achieve the advertised annual rate. This means that we will calculate interest on the amount which is in your account at the end of each day plus the amount of any interest which has accumulated but which has not yet been paid to you or added to your account. 6.3 Annual interest will be paid on each anniversary of the date on which your account was opened and monthly interest will be paid on the day in each calendar month numerically corresponding with the day on which your account was opened where your interest is paid into your account or another Egg account. If your interest is paid into an external account, if the interest payment date is a non-Business Day, interest will be paid on the next Business Day and, if there is no numerically corresponding day in any calendar month, the first Business Day of the following calendar month. You can tell us how you want interest to be paid. 6.4 Money paid into your account by cheque will start earning interest on the third Business Day (including the day we receive the cheque), so for example if we receive a cheque on Monday we will normally start paying interest on Wednesday. In the case of other payments, interest will accumulate from the Business Day on which we receive the funds. In relation to certain payments (for example, Faster Payments and debit card payments) received on non-Business Days, interest will accumulate from the non-Business Day on which we receive the funds. Money taken out of your account will earn interest to (but not including) the day of withdrawal. 6.5 If we take a payment out of your account under Condition 5.5 we will adjust the interest accordingly. 6.6 Interest will be paid net of income tax at the statutory rate (currently 20%), unless you have registered as a non-taxpayer by properly completing and sending us the appropriate HM Revenue & Customs form (which we will send you on request). If you are a non-taxpayer but you have not registered with us, you may be able to reclaim the tax from the HM Revenue & Customs. We reserve the right to pay interest net of tax, even if you have registered as a non-taxpayer. 6.7 THE LEVEL OF TAX YOU PAY WILL DEPEND ON YOUR INDIVIDUAL FINANCIAL CIRCUMSTANCES AND MAY CHANGE IN FUTURE. 7. Charges 7.1 Subject to the provisions of Condition 7.2, we do not generally make a charge for operating any accounts ("standard services"). In respect of certain internet-based accounts we may make a charge for operating the account otherwise than through the internet or electronic payment systems or as set out in any Special Conditions. We may make a charge for any other services ("nonstandard services") which we may make available to you from time to time on a discretionary basis or as set out in any Special Conditions. If you ask to use non-standard services, we will tell you the amount of our charges before we act on your instructions. 7.2 We will charge £25 for sending a CHAPS payment from your account. We will deduct any charge you incur from your account balance. 7.3 We may introduce charges for standard services and vary the amount of our charges for these and for non-standard services at any time, on not less than two months' prior notice and for any of the reasons mentioned in Condition 13. 7.4 We may take money out of your account to meet any charges that are due to us, but we will give you at least 14 days' prior notice before doing so for charges relating to standard services. 7.5 Other taxes or costs may exist that are not paid through us or imposed by us. 8. Statements 8.1 We will make information about all amounts added to and taken from your account (including details of any interest added or charges deducted) available to you within your statements. You must check your statement carefully. If you think there is something wrong you must tell us as soon as reasonably possible so that we can correct any mistakes. We may put messages on your statements to tell you about changes to this agreement. 8.2 If a particular account you hold is an internet based account, you may access your statements by logging on to www.egg.com and (unless we tell you otherwise) we will not send you paper statements - unless you request them under Condition 8.4. Statements given through the internet will remain online for twelve months. We will provide more detailed information about your transactions on request. Please send us a secure message from the Secure Area of the Egg website if you would like further information. 8.3 If a particular account you hold is not an internet based account, we will send you paper statements, and you may request a paper statement for a month in which we are not already sending you a statement. We will do this free of charge. 8.4 If you ask us to provide additional paper copies of statements (to which you are not already entitled, above), we will charge for this in accordance with the policy on our website at www.egg.com 9. Our liability to you 9.1 If we do not carry out your instructions or do so late or incorrectly we will be liable for the amount of any interest you did not receive, or any interest and charges you had to pay, as a result of our failure, delay or error. We will not be liable for any losses we could not have reasonably expected to occur. 9.2 We will not be liable to you for any failure to perform our obligations under this agreement due to any abnormal and unforeseeable circumstances outside our reasonable control such as failure of any machine, data processing system or transmission link, or any industrial action (unless the cause was foreseeable and within our control), or anything else outside our reasonable control or the control of our agents or sub-contractors. 10. Joint accounts 10.1 You can make an application to us jointly but we reserve the right to reject applications or to impose such conditions as we reasonably consider appropriate in respect of joint holders. Where applications are made jointly: we can act upon instructions (by telephone, internet, other electronic means or in writing) given by any one of the joint applicants until any one of you tells us otherwise (in which case we will act only upon the written instructions of all the joint account holders). You should be aware that this means that one party to a joint account can withdraw the entire balance of the account, or can apply for other services or accounts which are covered by this agreement and which are available on your joint accounts. For certain accounts you will have the option of instructing us to act upon the written instructions of all the joint applicants; each joint applicant, both individually and together, is bound by this agreement and is responsible for any money which may be due to us; we will post all letters, statements and other material which relates to the account to the joint account holder who is named first in the application form. The other joint account holder will be bound by their contents. We may send information to a joint holder via the internet and the other will be bound by the information sent. 10.2 If one account holder on a joint account dies, the survivor may withdraw any account balance unless stated otherwise in the Special Conditions. 10.3 If we are told by one party that the parties to a joint account are in dispute, we will freeze the account. This means we will then only be able to act upon the written instructions of both joint account holders. 10.4 If the relationship between the joint account holders ends and you wish to close the account, either or both parties can tell us to do so. 10.5 We can send statements to each party to a joint account at different addresses, if you request this. 10.6 Please also see the joint account provisions in 1.8, 5.10, 12.8 and 16.2. 10.7 You agree that we can update our records using information given to us by any one of you about the other. You understand that information about both of you will be linked by credit reference agencies on their records. You agree that any one of you can give us consent, at any time in the future, for making credit reference and fraud checks on both of you, if you ask us to lend or increase our lending to you at any time. 11. Account closure 11.1 Unless Condition 11.2 applies, we can close your account at any time by giving you at least two months notice in writing or, if relevant, at the end of any fixed interest period. 11.2 We may close your account immediately (even if it is for a fixed term) if at any time we reasonably think that: you are not eligible for the account in question; you have given us any false information in connection with the account (for example, in your application form) and that significantly affected our decision to open the account; your account is being used or has been used illegally (by you or by someone authorised by you or acting on your behalf); or you have been in serious or persistent breach of these conditions or the Special Conditions applying to your account. 11.3 You can close your account by telling us to do so. 11.4 If you are not happy about your choice of savings account (except for a fixed rate account or a guaranteed equity bond), let us know within 15 days of opening your account (ie 15 days from the date you sent us your online application or the date your account is opened (whichever day is later)), and we will close your account upon receipt of your request. We will give you all your money back with any interest earned on it up till the date of cancellation. We will (promptly and in any case within 30 days of hearing that you wish to cancel) return the money to you via the channel of your choice, either by BACS to the nominated 3rd party account specified when the account was opened, or by transfer to another Egg Savings Account. If you want to cancel your account, then you should call us on 08451 233 233. You can also write to Egg, Riverside Road, Pride Park, Derby, DE99 3GG, or you can send us a secure message from our website. Please ensure that you quote your account number on all documents. If you do not cancel your account, your account will remain open until the account is closed by either you or us as set out above. 11.5 Any benefit or service provided to you as a customer will end as soon as you cease to be a customer unless the terms of the particular benefit or service state otherwise. You must pay any money you owe us, including any money that should not have been paid into your account. If we close your account, your balance and any interest you have earned will be returned to you via the channel of your choice, either by BACS to the nominated third party account specified when the account was opened, or by transfer to another Egg Savings Account. 12. Use and disclosure of personal information 12.1 So that we can provide products and services designed specially for you, we will collect and review all the information which: you give to us and to other Group companies and to Linked Suppliers; or which we and other Group companies obtain about you personally in connection with this agreement and any accounts or products and services you take from us and which we obtain from third parties such as credit reference agencies, fraud prevention agencies and Group companies. The information we obtain from credit reference agencies will include credit information, such as the conduct of your accounts, previous applications in your name and anyone you are financially linked to and public information such as County Court Judgments and Electoral Register information. This is your information and we will process and use the information as set out in this Condition 12. 12.2 This information helps us develop and maintain an up-to-date picture of you as an individual. Unless you have asked us not to, you agree that we can use this information to keep you informed about other products, services and special offers (including those supplied by third parties) which we or they think might interest you. Unless you have asked us not to, we may also pass information about you to other Group companies and selected third parties so that they may contact you with information about their products and services. You may be contacted with product information etc., using a range of methods, including post and electronic communications, such as the telephone, SMS and email. Please tell us if you prefer not to receive information about other products or services from us, or if you do not want other Group companies or third parties to be given your information for these purposes, by writing to us at the address specified at Condition 12.13. 12.3 The information we collect (using a range of methods including cookies and similar tracking devices) will include information about how you manage and use your accounts, including the type of purchases you make from your accounts whether by a card, Direct Debit or in any other way and payments which are made into your accounts. This information will include the name of the payer (eg, your employer) and the Supplier (eg, a shop) and the general nature of the goods and services paid for. We obtain this information automatically as part of operating your accounts. If you do not want us to have it, you should consider an alternative to using your account. 12.4 If you operate your account by internet, we also use cookies (small pieces of information which we send to your computer) and web logs (information about how you use our website) to improve the security of our service and obtain information. For more details about cookies and web logs, see the privacy pages on our website. 12.5 We will hold and process your information and disclose it to other Group companies. We and other Group companies will use your information: for considering any application you may make to us or them; to verify your identity; in the management and operation of your accounts with us or them including making credit assessments and decisions; for crime and fraud prevention, and debt recovery (including tracing you if we do not have up to date details); for assessment and statistical analysis for our or their business; and for the purposes set out in Condition 12.2 (Group companies will only do this if you have agreed that they can). 12.6 We and other Group companies may disclose your Information (including former and subsequent names) to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference agencies and fraud prevention agencies or registers when we consider your application and during your relationship with us. Credit reference searches will be recorded on your file with the agency even if your application does not proceed. If a number of searches have been made in a short period of time, this may adversely affect other credit applications you make. 12.7 If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies and other organisations involved in crime and fraud prevention. Law enforcement agencies may also access and use this information. 12.8 Subject to the provisions of Condition 12.9, we do not use credit reference agencies in connection with applications for, or the management of, savings products. For credit products we will give details of how you manage your account to credit reference agencies. Account information given to credit reference agencies remains on file for six years after the account is closed and settled by you, or from the date a default is registered. The information that is given by us and others to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. A "financial association" between joint applicants and/or any individual identified as your financial partner will be created at credit reference agencies, which will link your financial records. You and anyone else with whom you have a financial link understand that each other's information will be taken into account in all future applications by either or both of you. This linking will continue until you or they tell the credit reference agency that you are no longer financially linked and the agency accepts this. 12.9 We and other organisations access and use information about you, and anyone linked to you, recorded with credit reference agencies to prevent fraud and money laundering, for credit assessment and account management, tracing and debt recovery, identity verification and statistical analysis and systems testing. 12.10 We and other organisations access and use the information recorded with fraud prevention agencies to prevent fraud and money laundering, for example when checking details on applications for credit and credit related or other facilities, managing credit and credit related accounts or facilities, recovering debt, checking details on proposals and claims for all types of insurance and checking details of job applicants and employees. The fraud Prevention agencies' records can also be accessed and used by organisations in other countries. 12.11 We will also disclose your information: to our insurers, subcontractors and persons acting as our agents who have agreed to keep your information strictly confidential; to Linked Suppliers to the extent that they need your Information to provide additional benefits or services to you; to any bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this agreement; if we are required or permitted to do so by law. 12.12 We may transfer your information to a Group company or sub-contractor or Linked Supplier or person acting as our agent in another country so long as they agree that your information will receive the same levels of protection as we are required to give it in the UK. You consent to having your information (including former and subsequent names) transferred by us or others processing on our behalf, or their agents, to regulators, authorities and law enforcement agencies in other countries (including countries outside the European Economic Area having less stringent data protection requirements than those within it) if the disclosure is required by the laws or regulatory rules of those countries. 12.13 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee, currently £10. You should direct any questions, or requests about the use of your personal data to the Data Protection Officer, Egg Banking plc, Riverside Road, Pride Park, Derby DE99 3GG. 12.14 You have the right of access to your personal records held by credit and fraud agencies. Please contact the Data Protection Officer at the address specified in Condition 12.13 or telephone us on 0800 0569 569 if you would like details of the agencies we use. 12.15 Some of our decisions are automated, based on information we hold about you. If you would like us to review a decision we have made about you (whether or not automated), please let us know within 21 days of being notified of a decision we have made about you. 13. Changes to Terms and Conditions 13.1 We can make changes to these terms and conditions from time to time as set out in this Condition 13. Changes to Interest Rates and Charges 13.2 We will not change a fixed rate for the period that we have agreed to fix it. 13.3 We will change a tracker rate automatically in line with changes to the reference rate that it tracks. A "reference rate" is a rate which is not set by us and is publicly available so that you can find out what it is and check it independently, examples are the Bank of England Base Rate and a rate which is based on a basket of rates offered by other banks or lenders. Changes will be made either immediately after the reference rate has changed, or within a set number of days, or on a particular day in the month, for example the first working day of the following month and we will tell you this and identify the reference rate in the account specific terms and conditions for the account. Whenever the rate changes, we will make the new rate available on our website within three days of the change. 13.4 If you have an interest rate that is not a fixed rate or a tracker rate, we may change that rate as a result of any changes to: any recommendation, ruling, requirement or decision of any court, ombudsman, regulator or similar body (a "regulatory requirement"); the base rate set by any Central Bank (such as the Bank of England) where this has an impact on the cost to us of operating your account; or the costs we reasonably incur in providing your account (including funding costs if relevant). 13.5 We may also change an interest rate other than a fixed rate or a tracker rate for a valid reason that is not set out in Conditions 13.3 and 13.4. 13.6 Where we make a change to comply with a regulatory requirement, the change will be a fair proportion of the cost of compliance on our banking business, as reasonably estimated by us. Other changes will respond proportionately to changes in our costs. We will not change an interest rate and our charges to cover the same cost twice. 13.7 We may make changes to interest rates other than fixed or tracker rates. Where this change is favourable to you we will make the change straightaway and we will tell you afterwards, usually within 30 days of the change. In other circumstances we will tell you two months before we make the change. Changes to other terms 13.8 We can make other changes to these terms and conditions, including introducing new terms and charges for the reasons set out below by giving you two months notice: where we reasonably consider it will make the agreement easier to understand or fairer to you or the change would not be to your disadvantage; to make reasonable changes to the way we manage and service your accounts: to reflect any changes in the cost of providing our services to you (where the change made will reflect the change in the costs to us) (but we will not cover the same cost twice by changing our interest rate); to take account of a decision by a court, ombudsman, regulator or similar body; because of changes to the law, codes of practice or the way in which we are regulated; to cover a development or change to your benefit in the services that we provide under these terms and conditions. 13.9 We can also make changes to these terms and conditions from time to time, including introducing new terms or changing the interest rate and charges, for any reason as long as we give you two months reasonable notice and you are free to close any affected account without charge or loss of interest under Condition 11. 13.10 All changes under this condition will be notified by letter, email, statement notice or other personal notice. Please telephone us or visit our internet site if you wish to check our current rates and charges. When we tell you about a change we will tell you the date it comes into effect. As long as notice of a change is given to you at the most recent address (including email address) we have for you, you will be treated as accepting the change on that date unless, before then, you tell us that you want to terminate your agreement with us and not accept the change. We will not make any termination charge, if you terminate your account in this case. 13.11 If we discontinue a product that you have with us, we may close your affected account by giving you two months prior notice. If we do this we will offer you a suitable alternative account and, if you do not give us instructions to the contrary, will transfer the funds to that account when we close your affected account. 14. General information 14.1 These terms and conditions are governed by the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales or any other court in the United Kingdom which is able to hear the case. We will always communicate with you in English. Any banking terms and conditions implied by law will also apply to this agreement. 14.2 You acknowledge that you are not a US person as defined (We define a 'US person' as: a US citizen; someone who holds a current valid green card; or a 'resident alien' (to see the full definition of 'resident alien' please go to the Internal Revenue Service (IRS) website http://www.irs.gov/taxtopics/tc851.html)). You agree to contact us immediately or at least no later than 30 days if you are or your status changes any time in the future to a US person. You agree to complete and return to us as soon as reasonably possible any relevant US tax or waiver documentation that may apply to you from time to time. 15. Complaints 15.1 If you think that we have made an error on your account or that we have not delivered the standard of service that you expect, please let us know promptly so that we may investigate the circumstances as soon as possible. For a copy of our internal complaints handling policy, please see our website or call us. 15.2 If we are unable to resolve any complaint through our internal complaints procedure, you may be able to take your complaint to the Financial Ombudsman Service. In order to contact the Financial Ombudsman or obtain details of the Financial Ombudsman Service, you should write to The Financial Ombudsman Service at: South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0845 080 1800 email: complaint.info@financialombudsman.org.uk website: www.financial-ombudsman.org.uk 15.3 Our details Egg Banking plc Registered office: Citigroup Centre Canada Square London E14 5LB Registered number: 2999842 Contact address: Egg Pride Park Riverside Road Derby DE99 3GG 16. Financial Services Compensation Scheme 16.1 The UK Financial Services Compensation Scheme (the "Scheme") provides compensation in certain instances where Egg Banking plc is unable, or is likely to be unable, to satisfy protected claims against it. In such circumstances, the Scheme may provide compensation for claims relating to services provided by Egg Banking plc such as deposit-taking. However, the Scheme is governed by specific rules on compensation which determine your eligibility, the circumstances in which compensation will be available to you, and the limits on compensation payable to you. Any recovery under the Scheme is therefore subject to your specific circumstances, the nature of your claim and the specific rules of the Scheme. 16.2 Claims under the Scheme in relation to deposits are subject to maximum limits on compensation, as published from time to time on the FSCS website. It is not possible to claim an amount in excess of the published limit even where the financial loss suffered or the amount of initial deposit is higher. Up-to date information on the compensation limits applicable under the Scheme is available at http://www.fscs.org.uk The following information is current as at September 2011: in respect of deposits, an eligible depositor is entitled to claim up to £85,000 per customer per aurthorised firm; for joint accounts each account holder is treated as having a claim in respect of their share so, for a joint account held by two eligible depositors, the maximum amount that could be claimed would be £85,000 each making a total of £170,000; the £85,000 limit relates to the combined amount in all the eligible depositor's accounts with the bank, including their share of any joint account, and not to each separate account. 16.3 Upon request we will provide further information on the conditions governing compensation and the formalities which must be completed to obtain compensation. More detailed information on the Scheme is also available from the FSCS's website: http://www.fscs.org.uk or you can contact the Scheme at 7th Floor, Lloyds Chamber, Portsoken Street, London E1 8BN (Tel: 020 7741 4100); email: enquiries@fscs.org.uk 17. Dormant, Lost and Gone Away Accounts 17.1 If there have been no transactions on your account other than transactions initiated by us, and we have not heard from you for a period of thirty months or more, we will write to you at your registered address. If you respond indicating you wish your account to remain open, we will continue to treat your account as open. 17.2 If you have not contacted us for three years (including responding to our enquiry) or if you have not used your account for three years, we will make your account dormant. This means that your account will continue to earn any due interest and the money in your account will always stay your property. However, to prevent fraud we will not write to you about your account or send you statements. 17.3 You can contact us at any time in relation to any funds in a dormant account you believe to be yours and we will reinstate your account (subject to confirming your identity and entitlement to the funds). Further information on dormant accounts can be provided to you on request. 17.4 If you are trying to trace a lost account, you will need to obtain a lost account scheme leaflet and claim form from www.bba.org.uk or write to BBA Lost Account Scheme, Pinners Hall, 105-108 Old Broad Street, London EC2N 1EX. Alternatively, searches can be made online via www.mylostaccount.org.uk 17.5 If we have tried to contact you by mail and it is returned to us, for your security we will change the status of your account to "Gone Away". This means that your account will continue to earn any due interest and the money in your account will always stay your property but a hold will be placed on your account for your security. A hold on your account means that you will not be able to withdraw any money from this account. To change the status of your account to "live" you will need to contact us and we will update your contact details and remove the hold so you may use your account as normal.