Sagicor Bank Account Terms and Conditions July 27 2020
Sagicor Bank Account Terms and Conditions July 27 2020
FOR CLIENTS
eForm GTCSBJ07-2020
Effective Date: July 27, 2020
THESE GENERAL TERMS AND CONDITIONS (HEREAFTER REFERRED TO AS THE “PIN” means personal identification number, being a series of numbers used to
‘TERMS AND CONDITIONS’) STATE THE RULES THAT GOVERN YOUR authorize transactions in conjunction with a debit card or via Internet Banking
RELATIONSHIP WITH SAGICOR BANK JAMAICA LIMITED (HEREAFTER Facilities.
REFERRED TO AS ‘THE BANK’). PLEASE TAKE THE TIME TO READ THIS “Point-of-Sale” means the retail payment system whereby an electronic
DOCUMENT CAREFULLY. BY SIGNING SAGICOR’S ACCOUNT OPENING FORM transfer of funds is used in the purchase of retail goods and services by an
OR USING OUR PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE electronic device used by merchants, retailers and service providers to transmit
THAT YOU HAVE RECEIVED, READ AND AGREE TO BE BOUND BY THE requests for authorization and settlement of transactions by the use of the
PROVISIONS OF THESE TERMS AND CONDITIONS. Account Holder’s Card issued by the Bank and evidenced by use of an Access
Code or the use of Credit Cards issued by the Bank.
A. GENERAL TERMS AND CONDITIONS
1. Definitions and Interpretation “Regulatory Authority” includes but is not limited to the Bank of Jamaica, the
Unless the context otherwise requires throughout these Terms and Conditions: Financial Services Commission and the Minister with responsibility for Finance,
(a) words reference to the singular includes the plural and vice versa; (b) as well as any agent acting on behalf of such persons and any other person who
reference to a gender includes every other gender; (c) the word “person” may by law be given power to regulate or supervise the activities of the Bank or
includes any individual, company, firm, partnership, joint venture, association, its affiliates.
sole proprietorship, trust or any incorporated or unincorporated entity; (d)
words such as ‘you’, ‘your’ and similar words mean the Account Holder and “Standing Order” means an instruction given to the Bank by an Account Holder
words such as ‘we’, ‘our’, ‘us’ and similar words mean the Bank; (e) unless the to pay a set amount at regular intervals from the Account Holder’s account to
context implies otherwise, references to an account or bank account includes a another of the Account Holder’s accounts or to a third-party beneficiary.
term deposit, certificate of deposit, savings account or current account; and (f)
the following expressions have the meanings stated hereunder: “Sweep Facility” or “Sweep” means an instruction given to the Bank by an
Account Holder for the periodic automatic sweeping or transfer of funds from
“ABM” means an automated banking machine operated by the Bank or any one account to another.
other bank or financial institution participating in an electronic payment
network accessible using a Debit or Credit Card. In these Terms and Conditions the headings which accompany clauses are for
convenience and reference only, and are not intended to define or limit the
“Access Code” includes any Personal Identification Number (PIN) or any meaning, scope and contents of these Terms and Conditions.
combination of letters, numbers and special characters that are required to
access an account through an ABM or Point-of-Sale device or other means as 2. Application of Terms and Conditions
may be permitted by the Bank from time to time. These Terms and Conditions apply to all the bank’s products and services,
whether existing or future unless any specific terms and conditions applicable
“Account Holder” including a joint account holder, means a Person who is a to an account state otherwise. These Terms and Conditions amend and replace
customer of the Bank. the general terms previously applying in respect of accounts previously held
with Pan Caribbean Merchant Bank Limited, PanCaribbeanBank Limited and
“Adult Account Holder” means an Account Holder who has attained Eighteen RBC Royal Bank (Jamaica) Limited but do not apply to any product offered by
(18) years of age or such other age as the Bank may determine in its discretion. any Affiliated Company. These Terms and Conditions are to be read in
conjunction with the specific terms and conditions (if any) of any products or
“Affiliated Company” in relation to the Bank means a company which is a services provided by the Bank; in the event that there is a conflict or
member of the Sagicor Jamaica Group of companies or a member of the inconsistency between any specific terms and conditions and these Terms and
Sagicor Financial Corporation Group of companies. Conditions then the specific terms and conditions will prevail to the extent of
any such conflict or inconsistency.
“Business Day” means a day on which the Bank is open for Business and
excludes Saturdays, Sundays and public holidays. 3. Deposits
Deposits to your account or items received for deposit or encashed for you are
“Card” means any debit card that is issued by the Bank to an Account Holder or received by the Bank as your agent and will be credited to your account subject
such Account Holder’s nominee. The term “Card” includes the Card number to receipt of unconditional final payment. If we do not receive final payment,
and the PIN unless otherwise specified. any item previously credited to your account may be charged-back to the
account without notice to you whether such item was encashed or deposited
“Cardholder” means any person to whom a Card is issued by the Bank. or already drawn upon. We shall not be responsible or liable to you for any loss
or destruction of an item in transit or otherwise or in the possession of others
“Internet Banking Credentials” includes any username, password, PIN or including any correspondent bank or collection agent.
access code used by an Account Holder to access the Bank’s Internet Banking
Facilities. 4. Waiver of Protest
You hereby waive all requirements of presentment, notice of dishonour or
“Internet Banking Facilities” includes the Bank’s official website, software default, protest, demand and notice of any kind with respect to all cheques,
programs and Internet Banking Credentials made available by the Bank which drafts, bills of exchange, promissory notes and other negotiable instruments
allows Account Holders to conduct banking business via the internet and to drawn, made, accepted or endorsed by you and delivered to us for any purpose
give electronic instructions to the Bank for the execution of transactions. whatsoever and you shall be liable to us in respect thereof as if presentation,
notice of dishonour and protest had been duly made or given.
“Minor Account Holder” means an Account Holder who has not attained
Eighteen (18) years of age or such other age as the Bank may determine in its 5. Fees and Charges
discretion. Our current fees and charges are set out in our Fee Schedule which may be
accessed on our website or at any of our branches at your request. We may
Last updated: July 27, 2020 Page 1 of 9
GENERAL TERMS AND CONDITIONS
FOR CLIENTS
adjust our fees and charges from time to time and will give you not less than 45 currency to buy another currency and to break any term deposit or other
days’ notice of any such adjustment unless the adjustment to our fees and instrument. We are also authorized at the request of any of our Affiliated
charges is due to: (a) a change in the fees or charges levied by third party Companies, to set-off any of your indebtedness to any of our Affiliated
service providers; or (b) changes in tax rates or fees and charges levied by Companies in the same manner aforesaid. The authorization granted by you
government agencies; or (c) changes to market rates where any fee or charge is herein is in addition to any right we have in law to combine or consolidate your
determined by reference to a market rate, in which event, you will receive accounts and liabilities or to set-off amounts owed to you by us against your
notice as soon as reasonably practicable. You hereby agree to pay the fees and indebtedness.
charges set out in the Fee Schedule for the applicable services used by you.
12. Joint Accounts
6. Debiting of Accounts An account held by more than one Account Holder is a joint account and you
It is understood and agreed that we are entitled to debit your account with any agree that the moneys in the account are held by you as joint tenants with the
tax obligations associated with the operation of the account as well as any fees right of survivorship and there will be no implied agreement to the contrary
and charges applied by us for the services provided, and this authority shall including irrespective of any signing authority or special arrangements with
include but not be limited to: (a) the authority to withhold income tax on respect to the operation of your accounts. A Joint Account Holder’s authority in
interest earned on any account and debit the account with the tax so withheld; respect of the joint account will otherwise cease on proper notification of that
(b) the authority to debit the account with General Consumption Tax on any Joint Account Holder’s death being provided to us. Your liability under an
charges associated with the operation of the account or services provided by us account held in joint names is joint and several, this means each and/or all
to you; and (c) the authority to charge against and deduct all banking and account holders are liable for the whole of the debit balance on the account
service charges and fees prescribed by us from the account, and we shall not be and we shall have the right to recover by suit or otherwise from all or any
liable for dishonouring items in the event the deduction of such charges and Account Holder the amount owing on the account. You hereby authorize us to
fees results in there being insufficient funds in your account to honour such accept for deposit to the account, moneys and items in the name(s) of or
items. belonging to any one or more of the joint holders on your account. You hereby
charge and we are hereby authorized, to charge and set-off moneys in the joint
7. Verification of transactions by the Bank account to satisfy any debt owed to us by any one or more of the joint Account
All transactions, including transactions performed using a Card, Internet Holders. In the event that we receive an Order of the Court or other legal
Banking Facilities or any other channels provided by the Bank, are subject to process which has the effect of charging or garnisheeing moneys standing to
verification by and at the discretion of the Bank. In the absence of an error or the credit of a joint account, it is understood and agreed that we are obliged to
misstatement, you irrevocably agree to accept the verification of the Bank as comply with the order of the Court.
final and conclusive evidence of the fact of and particulars of any disputed
transaction. Moneys held jointly in any account may be withdrawn by any one joint holder
or their properly constituted attorney or agent, and you hereby irrevocably
8. Agents authorize us to accept from time to time as a sufficient authority for any
You hereby authorize the Bank to use other banks, entities or other persons as amounts so withdrawn, any receipt, cheque or other document signed by any
we deem fit, as collection agents or correspondent banks in doing any act in one of the joint holders of your account, or their attorney or agent, without
connection with your business or otherwise as agents for the offering of such further signature or consent.
products and services as may be permitted by law
13. Authority to Act on Accounts
9. Availability of Funds Where an account is a joint account, each of the Account Holders has full
You will not be entitled as of right to draw against cheques or other items power to act alone in all matters related to the account including the provision
which are lodged to your account while they are subject to the possibility of of indemnities in relation to lost cheques. You also hereby authorize us to, and
nonpayment (‘un-cleared effects’). Where we, (at our discretion) accept we shall not be held liable for, accepting deposits to the account and/or for
instructions for withdrawal, transfer or payment out of any account, we are paying out, or refusing to effect payment of moneys from the account, on the
entitled to subsequently reject such instruction if it transpires for whatever instructions of any one or some only of you during your lifetime or on the
reason that there were, are or will be insufficient funds in the relevant account instructions of any survivor or survivors of the Account Holders or of the
when we intend to execute the instruction. This policy on availability of funds personal representative of the last surviving Account Holder.
will not, however, affect our right to charge-back the account or obtain
reimbursement for any item that is not finally paid for any reason whatsoever 14. Operation of Account
and you shall have an obligation to repay us where we have made payment You may operate your account by deposits, withdrawals, transfers, direct
against un-cleared effects and payment is not subsequently received for the credits, direct debits, automatic payments or any other type of deposit or
item deposited. payment authority acceptable to us, however, we shall have the right from
time to time to establish or vary the conditions for the operation of the
10. Honouring Withdrawals account, including but not limited to determining deposit and withdrawal
You hereby authorized us to honour any item or order drawn on your account procedures.
even though the signature thereon does not correspond exactly with your
specimen signature in our records. However, we reserve the right (in our 15. Computation of Interest
absolute discretion) to dishonour any item or order drawn unless the signature The rate of interest applicable to accounts is available in our Interest Rate
corresponds exactly with your specimen signature in our records. Sheet. . Our Interest Rate Sheet is updated regularly, you may view our latest
Interest Rate Sheet on our website or by requesting a copy at any of our branch
11. Set-off and Combination offices. Unless stated otherwise in the terms and conditions applicable to a
You hereby authorize us at our absolute discretion at any time and without particular product, we may adjust the rate of interest applicable to your
notice to you, to combine the balance of one of your accounts with the balance account on giving not less than 45 days’ notice to you, unless the rate of
of another of your accounts, so as to treat them as a single balance, and there interest applicable to your account is determined by reference to a reference
will be no implied agreement to the contrary. If you are indebted to us, rate or index, in which event, we will notify you of the rate change as soon as
including with respect to any contingent liability or bank charges, whether practicable. The accrual basis and balance used in the calculation of interest on
owed alone or with others, you hereby authorize us, without prior notice to funds held in your account, as well as the interest payment frequency, are
you, to set-off and apply any credit balance in any account, or any other available in our product information guides. In calculating interest during a
amount we owe to you, towards your indebtedness. For this purpose you calendar month or other applicable interest payment period we may deduct all
authorize us without prior notice and in any sequence, to transfer funds from transfers, withdrawals, fees and other charges against the oldest available
one account to another (including any joint account), to use funds in one deposits from your account.
2. Unbreakable Deposits
For unbreakable Deposits, notwithstanding any other provision of these Terms
and Conditions: (a) no partial or full redemption or addition of funds shall be
allowed before the maturity date of the Deposit. Unbreakable Deposits may
only be redeemed upon maturity PROVIDED HOWEVER, that the bank may
redeem an unbreakable Deposit at any time in its absolute discretion; (b)
interest payments are due only at the maturity of the Deposit; (c) the Deposit
may only be transferred or assigned in full, partial transfers or assignments will
not be permitted. A transfer or assignment of the Deposit may be signed by any
one of the Deposit holders;(d) all transfers are final; (e) all transferees shall
take subject to the terms and conditions of the original deposit including the
rate of interest, currency and maturity date specified.
3. Other Deposits
For other Deposits, early redemption will be at the discretion of the Bank and
subject to the early redemption charges levied by the Bank from time to time.
The Deposit is not transferable and the interest rate shall be fixed for the term
of the Deposit.
4. Assignment of Deposits
No assignment or hypothecation of a Deposit or any part thereof (where
applicable), shall be binding upon the Bank unless and until written notice of
such assignment or hypothecation has been acknowledged and accepted by
the Bank. We reserve the right to first set-off any debt due or to become due
from you prior to acceptance of any assignment or hypothecation.
D. DEBIT CARDS
1. General
We may issue a Card to you to facilitate access to ABM, Point-of-Sale and other
electronic banking services permitted by the Bank from time to time. You
hereby agree that: (a) the Card is and remains the property of the Bank and
shall be returned to the Bank on demand being made by us; (b) the Card is not
a credit card and its issuance does not permit you to overdraw your account or
to otherwise obtain credit from the Bank; (c) the Card must be signed by you
immediately on receipt from the Bank and shall be used solely by you; and (d)
the issuance of the Card and its use is subject to these Terms and Conditions
and any other terms and conditions governing the use of the Card from time to
time.
5. Debit Card Use and the Bank’s Obligations 2. Use of the Internet Banking Facilities
You may use the Card to execute such transactions as the Bank shall from time If you are permitted to use the Internet Banking Facilities, you will be provided
to time make available to be executed by use of the Card. The Bank shall not be with Internet Banking Credentials which, subject to the availability of the
liable for the unavailability at any time of any ABM or other service for which Internet Banking Facilities, you may use to give instructions and execute such
the Cards may be used regardless of the cause of such unavailability. The Bank transactions as the Bank may from time to time allow to be given or executed
shall not be liable for the goods or services purchased by you using the Card by you using the Internet Banking Facilities. You must not use the Internet
and you agree to discharge all obligations entered into by you using the Card. Banking Facilities for any illegal, fraudulent or defamatory purposes or take any
By using the Card, you agree to be bound by the terms and conditions of any steps which could undermine the security or integrity of the Bank’s Internet
Card related services provided by the Bank or our third-party service providers. Banking Facilities or cause harm to or threaten to harm any other user of the
Internet Banking Facilities. For our mutual protection, the Bank reserves the
6. Available Balance right to record all your activities when using the Internet Banking Facilities.
Your account must have an available balance which is sufficient to perform any
transaction sought to be performed using your Card in addition to any fees or 3. The Bank May Decline Internet Banking Transactions
charges which may be incurred by the transaction, unless you have previously We reserve the right to decline any instruction or transaction given or executed
established an overdraft facility for your account. We reserve the right to via the Internet Banking Facilities for any reason in our absolute discretion
decline any transaction where the balance of the account is insufficient to including where the transaction amount plus the applicable fees exceeds the
cover the amount of the transaction and associated fees and charges. balance available in your account at the time the instruction is given or the
transaction executed.
7. Confiscation/Retention of the Card
The Card being the property of the Bank, you hereby agree that the Bank, any 4. The Bank’s Right to Deny Access
ABM operated by the Bank or any other Bank or financial institution or a We may, at any time and in our absolute discretion, refuse access to the
merchant may confiscate or retain the Card and refuse to return it to you for Internet Banking Facilities in the event of a breach of these Terms and
any reason without your consent. You hereby agree that neither the Bank, any Conditions or the policies governing same, or where we deem it in our best
merchant or third party service provider shall be liable to you in any manner interests to do so.
whatsoever for retaining and confiscating the Card.
5. Transactions
8. Effective Date of ABM Deposits You agree that you are responsible for the accuracy of your electronic
All deposits made, or payments or other transactions conducted via an ABM transaction instructions, including the payee information, payee account
shall be effected within 24 hours after the time at which the said deposit, information, billing company, billing account number and payment amount and
payment or other transaction was made or requested, subject to any applicable you acknowledge that electronic payment instructions once sent may be final
periods for the clearing of instruments being deposited to your account. and irrevocable, so that it may not be possible to retrieve funds sent in error.
12. Network Regulations (d) to ensure that payments are requested so that there is sufficient time
Transactions conducted on the Multilink® Network or any other banking or prior to their due date for them to be processed by the Bank and the
electronic settlement network are subject to the rules and regulations of those payee. Payment instructions made by you on a day that is not a Business
networks. The Bank will not be responsible for any delay in refunds or other Day or after the Bank’s daily cut-off time as advised from time to time,
will require additional time to reach the intended payee;
8. Your Right to Cancel Internet Banking Arrangements 3. Payments Due on Weekends or Holidays
Without prejudice to the provisions of these Terms and Conditions, you may Where a payment date falls on a day that is not a Business Day, payment will
cancel your use of the Internet Banking Facilities by making a request to us in be made on the next Business Day.
writing whereupon we will disable your user profile. You will remain liable for
all transactions performed, initiated or authorized by you prior to your Internet I. SAFE DEPOSIT BOXES
Banking profile being disabled. We may offer safe deposit box facilities to you at our discretion, by using these
facilities, you agree that you have read and agreed to be bound by the terms
F. ACCOUNTS FOR MINOR ACCOUNT HOLDERS and conditions contained in the Bank’s Safe Deposit Box Rental Agreement as
1. Adult Account Holder required for accounts with Minor Account Holders amended from time to time.
The Bank may, in its absolute discretion, allow an account to be opened in the
name of a Minor Account Holder and/or issue a Debit Card to a Minor Account J. DATA PROTECTION AND DATA SHARING
Holder provided an Adult Account Holder who is the Minor Account Holder’s This section provides information about how we handle data we collect about
parent or legal guardian or a person authorized by the Minor Account Holder’s you as well as the terms of your authorization for the use of your data.
parent or legal guardian is a Joint Account Holder.
1. What Data We Collect
2. Indemnity by Adult Account Holders We collect data about the transactions you perform as well as personal data
AN ADULT ACCOUNT HOLDER SHALL BE LIABLE FOR ANY AND ALL about you and the persons to whom you may give access to your account. The
TRANSACTIONS PERFORMED BY A MINOR ACCOUNT HOLDER ON ANY personal data we collect may include names, dates of birth, addresses, sexes,
ACCOUNT IN RESPECT OF WHICH THEY ARE JOINT HOLDERS. AN ADULT occupations, nationality and employment and financial data. The personal data
ACCOUNT HOLDER SHALL ALSO BE LIABLE TO THE BANK FOR ALL LOSSES, we collect also includes the personal identification you provide to us, your
DEFAULTS, CHARGES OR CLAIMS INCURRED BY THE BANK AS A RESULT OF credit history and data about your family. We also collect data about how,
ANY TRANSACTION CONDUCTED BY THE MINOR ACCOUNT HOLDER AND when, where and for what purpose you use our products and services.
AGREES TO INDEMNIFY AND HOLD THE BANK HARMLESS FROM AND
AGAINST ALL LIABILITIES, LOSSES, DEFAULTS, CHARGES OR CLAIMS 2. How We Collect Data
WHATSOEVER WHICH THE BANK MAY SUFFER AS A CONSEQUENCE OF A We collect data by asking you for it on account opening and customer
TRANSACTION UNDERTAKEN BY THE MINOR ACCOUNT HOLDER. information forms or through our various service channels including our
website, mobile banking application, payment cards and other products and
G. REQUESTS FOR ELECTRONIC FUNDS TRANSFERS services.
We may at our discretion, accept instructions from you for the electronic
transfer of funds by wire transfer or otherwise (hereinafter called a “Funds 3. Why We Collect Data
Transfer”). In the event that a Funds Transfer is not completed by any We collect data to comply with legal and regulatory requirements, to manage
intermediary bank or agent, we shall not be required to make any refund to risk, to tailor products and services to you, to cross sell other products and
you until we have received advice of cancellation from the intermediary bank services both by Sagicor Bank and by other entities in the Affiliated Companies,
or agent together with the freely available returned funds. In case of a refund, to enable third party service providers to provide services to you or to Sagicor,
all expenses and losses occasioned by the transfer or attempted transfer and to assess usage of our products and services, to satisfy requests from entities
the refund shall be borne by you and you shall assume all risks of exchange rate lawfully entitled to request the data (including government agencies and
fluctuations. We are obliged to make Funds Transfers on your behalf in Courts of law) and to augment and update existing data.
accordance with applicable law, and the requirements of the intermediary
banks through which the Funds Transfer may be processed. You hereby 4. Our Authority to Share Your Data
authorize us to provide such information to any intermediary as may be We may share your data only if you have authorized us to do so (including the
required to make a Funds Transfer and you hereby agree that we shall not be authority granted in these Terms and Conditions) or if we are obliged to share
liable for any loss whether direct or indirect, which results from the provision your data by law or the order of a Court or tribunal.
by us of such information, or as a result of our failure or inability to provide