These Terms will govern your Accounts with us and the Services which we agree to provide to you.

By applying for or using any Account or Service, you agree to abide and be bound by these Terms, and shall further be deemed to have read, understood and accepted each of these Terms.

These Terms shall apply to:

The use of Electronic Services is subject to our Terms and Conditions Governing Electronic Services.

You may only open an Account with us if you meet such requirements which we may, in our discretion, prescribe including in relation to:

We will, in our absolute discretion, determine the age limits, minimum initial deposit or any other criteria on the opening and operation of a Current Account from time to time.

Notwithstanding anything to the contrary, we reserve the right to reject any application to open an Account and/or use a Service without giving any reason and shall not be liable to you or any other person as a result of such rejection.

In order to operate or use any Account or Service, you must give us:

Such information would include for the purposes of us meeting ‘know your customer’, anti-money laundering and anti-terrorist financing requirements and any other laws and regulations which we need or agree to keep to. You must tell us promptly, in writing, of any change in any documents, information, or authorization given to us, and give us supporting documents and evidence of any change.

You acknowledge that we may implement whatever security procedures and features we deem appropriate and/or necessary from time to time to verify your identity and/or the identity of your Authorised Person and that the transaction has been authorized by you. Without prejudice to the foregoing, we may require confirmation of any instructions from you or the Authorised Person in any form or manner we deem appropriate.

You and/or your Authorised Person shall, and shall procure that each of your Authorised Persons shall, respectively use a single signature in respect of all Accounts, unless you have specifically instructed us, in writing in such form as we may for the time being prescribe, that a different signature is to be used by you and/or the Authorised Person in respect of any one or more of the Accounts.

All instructions given by you or any Authorised Person are irrevocable and binding on you.

You must give us your mandate for operating your account and tell us promptly, in writing of any changes in your mandate. If your account is operated by your authorized signatories (people you have given permission to operate the account), you must give us their names and specimen signatures and tell us promptly, in writing, if there is any change to them. We will inform you if we cannot accept any authorized signatory due to our policies or any law or regulation which we need to keep to or agree to keep to. We are entitled to a reasonable period of time to process the change or cancellation after we have accepted your instructions.

We are authorised to act on any instructions, which we believe in good faith has been given in accordance with the operating mandate for the Account and/or Service which is in force:

Once received and processed by us, instructions shall not be cancelled, withdrawn or amended unless in our discretion, we agree otherwise.

Although you or the Authorised Person must give us instructions in writing, we may accept instructions given in any other manner such as by facsimile, telephone or through our Services provided we have received such documents as we may require for instructions to be given in such a manner.

You shall be responsible for:

You shall promptly notify us in writing of:

Any operating mandate, authorised manner of signing, specimen signature or other such information shall remain in effect until such time we receive notification that these have been revoked. We shall be entitled to a reasonable period of time of not less than seven (7) Business Days (or such other period as determined by us from time to time) from receipt to process such notification of change.

We shall be entitled, but not obliged to, disregard any instruction from, or refuse to provide or permit you or any Authorised Person to use any Account or Service, if:

Notwithstanding the above, we may in our discretion:

Where you give us instructions orally by telephone, we may, but shall not be obliged to, act on such instructions. However, any risks of misunderstanding, and any error or loss resulting from instructions given by unauthorised persons shall be borne by you. We shall not be liable for any loss which results.

We shall not be liable to you for any refusal to give effect to your instructions.

We shall be entitled, but not obliged, to perform a call back to confirm any instruction given by you or your Authorised Person.

We may in our absolute discretion honour any cheque or other instrument, or act on any instruction, signed by you or an Authorised Person but presented after his death, regardless of whether we have received notice of such death.

You agree not to make use of and, agree to exercise proper supervision and control over your staff so as to ensure that they do not make use of facsimile signature stamps in drawing cheques, or other forms of withdrawals, or in communications with us without first notifying us and entering into such arrangements as we may require. We may (but are not obliged to) verify a facsimile signature stamp against the specimen facsimile signature stamp of the Authorised Person. Where you or your staff makes use of facsimile signature stamps in drawing cheques, or other forms of withdrawals, or in any form of communication in breach of these Terms:- (i) we reserve the right to refuse to pay such cheques and/or to disregard such request for withdrawal or other communication without prior notice to you; and (ii) we shall not be liable for any loss howsoever arising if it honours a cheque, or allows a withdrawal or acts on any Instruction, bearing a facsimile signature which is not easily identifiable as such. “Facsimile signature” includes any facsimile signature impressed using a rubber stamp or other instrument.

A deposit includes any deposit made in cash or by telegraphic transfer or cheque or other instrument which is placed with us by any means including over the counter, at branches or through the use of any Service.

Making a deposit

We will accept for deposit into the Account all cash, cheques, bills and other instruments payable to you. However, we may at any time, acting in good faith and without assigning any reason refuse to accept any or part of such deposit and return all or any part of such deposit.

When you make a deposit:

Deposits must be made in the manner and on such terms and conditions as may be set by us from time to time at our discretion, including without limitation:

and where there are any incorrect items, we reserve the right to alter any such incorrect items, including those stated on the deposit slip whether machine validated or otherwise.

A deposit shall not be available for withdrawal until we have received the proceeds of the deposit and processed the transaction, even if the deposit has been credited into the Account. If the deposit is invalidated for whatever reason, we shall be entitled to debit the Account immediately and reverse any interest which has been credited in respect of this invalidated deposit. We will not be liable for any resulting loss as a result of this.

If we agree to accept a deposit:

We may in its absolute discretion refuse to accept a deposit if:

and, in addition to the above, we may in our discretion accept or refuse any deposit without providing a reason or justification for the acceptance or refusal.

Notwithstanding the above, we may accept or refuse any deposit and need not give you the reason for our acceptance or refusal.

Unless we otherwise agree, any cheque, bill or other instrument deposited into the Account shall be accepted for collection only and the proceeds thereof shall not be available to you until such cheque, bill or other instrument has been verified and cleared and the proceeds paid to us by the paying bank and credited to the relevant Account.

All payments received by way of telegraphic transfer, electronic transfer or by any other electronic modes may be credited into the Account, but cannot be drawn against until the proceeds have been received by us and the transaction has been duly processed. We will debit the Account if the transfer is invalidated for whatever reason. We reserve the right to debit such credited amount from the Account even after it receives payment, if at any time any actual or potential claim for repayment or refund is made by any party, whether on the ground that the payment was void, invalid, fraudulently made or otherwise.

We may prescribe a minimum initial deposit and/or Minimum Balance requirement for an Account from time to time.

If any Minimum Balance requirement applies to an Account:

We may in our discretion set a minimum sum for deposits for any Account, and the sum shall be such amount as we may prescribe from time to time. If the deposit is lower than the minimum sum, we shall be entitled to:

and we shall not be liable to you or any other person as a result of such refusal or act.

Receipt of Deposit and Clearance

Any receipt issued cannot be used as evidence of title or receipt of the amounts stated on it.

All cheques, bills or other instruments deposited with us are received by us solely as agent for collection, and we assume no responsibility for any non-payment or loss to you resulting from any inability (for any reason) on our part to collect. We may use the services of any bank or agent in Singapore or elsewhere as we deem advisable in connection with any collection or for your other banking business. Such bank or agent shall be your agent, and all charges incurred in connection therewith by us shall be for your Account.

We will not assume any responsibility for any delay, non-payment or Losses to you if we cannot collect for any reason including:

You shall indemnify us fully and hold us harmless from and against all monies, liabilities, losses, costs, damages, proceedings, claims and expenses of whatsoever nature which we may incur or suffer as a result of our collection or purchase of any cheques, bills or other instruments on your behalf. We shall be entitled to charge the Account for and/or reverse the entries in and/or debit the Account with the amount of any cheque, bill or other instrument collected or purchased by us which is subsequently returned unpaid and/or debit any of your other Accounts with us (whether in Singapore or elsewhere) with the amount claimed under this indemnity.

The clearance times for different Accounts, cheques or other instruments may vary. If the deposit is made after the specified cut-off times, it may not be processed until the following Business Day.

General

If you request for a dishonoured cheque to be returned, you agree that we may in our own discretion return it by any means we select, at your risk and expense.

You must not deposit cash or bearer cheques into cheque collection boxes or machines. If a deposit is made this way it is made at your own risk and we will not be responsible for any Loss incurred as a result.

No moneys in any Account may be transferred, assigned, pledged, charged or otherwise encumbered or given as security to anyone and you undertake not to do so except with our prior written agreement.

Different Accounts may have different modes and manner in which a withdrawal may be made.

We may from time to time, change or terminate any mode or manner of withdrawal for any Account, details of which will be updated on our website from time to time.

For the avoidance of doubt, any particular mode or manner of withdrawal may be changed or terminated by us at any time, upon notice to you.

Making a withdrawal

Withdrawal of any or all amounts in the Account is subject to availability of funds and at our discretion. Payments of the amounts to be withdrawn will, unless otherwise agreed to by us, be made by us by way of cheque, cashier’s order or in such other manner as agreed to by us in Singapore Dollars unless we in our discretion agree otherwise. Withdrawal by cashier’s order shall be made via application or requisition forms prescribed by us and upon such terms and conditions as we may impose from time to time. Fees and/or service charges may be imposed for instructions, including unsuccessful debit instructions.

You are responsible for ensuring that:

All instructions to withdraw are irrevocable and binding on you. You acknowledge that you will be liable for all withdrawals including withdrawal instructions:

We may:

We may in our discretion set a daily limit for withdrawals (including cash withdrawals) for any Account, and the limit shall be such amount as we may prescribe from time to time. If the Account is at or is above the daily limit, we shall be entitled to:

and we shall not be liable to you or any other person as a result of such refusal or act.

Withdrawals must be made in the manner and on such terms and conditions as we may set from time to time in our discretion, including without limitation:

and where there are any incorrect items, we reserve the right to alter any such incorrect items, including those stated on the withdrawal slip whether machine validated or otherwise.

Monies in the Account may be payable at our customer centre in Singapore where the Account is maintained or such other customer centre in Singapore as we may in its absolute discretion permit.

We may debit the Account regardless of whether the Account has sufficient funds if we receive instructions which are satisfactory to us without any obligation to call or notify you of such an event or that the Account has become overdrawn.

Withdrawals from the Account may be made only upon receipt by us of an instruction satisfactory to us. Even if there are sufficient funds in the Account, we shall not be bound to honour any instruction to effect withdrawals from the Account and may in its absolute discretion refuse to effect a withdrawal if:

and, in addition to the above, we may in our discretion accept or refuse any withdrawal without providing a reason or justification for the acceptance or refusal.

Notwithstanding the above, any action taken by us on the basis of any instruction, including:

shall be effective and valid and binding on you, and shall completely discharge and absolve us from any liability to you and/or any other parties, notwithstanding that the signature(s) or instruction(s) may have been forged or obtained fraudulently or without authority.

You may apply to set up direct debit or regular/periodic payments if permitted for the Account. We may, by informing you in writing, cancel or stop the direct debit or regular/periodic payment arrangement if the arrangement no longer complies with the terms of the payment authority signed by you or if required by law.

The clearance times may vary and differ depending on the Account or the manner in which the withdrawal is made. If the withdrawal is made after the specified cut-off time, it may not be processed until the following Business Day.

If you open an account in your name ‘in trust’ or ‘as nominee’ or in some other similar role, or as a capital markets services licence holder (or the equivalent) holding segregated clients’ accounts, the following will apply:

Upon any change of the firm’s constitution for any reason whatsoever (including without limitation by death, resignation, replacement, addition, bankruptcy or otherwise of a partner or sole proprietor), we may, in the absence of written notice to the contrary, treat the remaining/new partner(s)/new sole proprietor as having full power to carry on the business of the firm and to deal with the Account as if there had been no change in the firm’s constitution.

Notwithstanding any change in the firm’s constitution (as described in Clause 7.1 above) or name, or modification/termination of any power of any partner, these Terms shall bind all partners/a new sole proprietor, and in the case of a partnership shall bind all partners jointly and severally.

You and/or your Authorised Person shall promptly notify us in writing of any change in the constitution or name of the firm.

Upon opening a Current Account, we will provide you with a cheque facility under which you may draw and issue Singapore dollar cheques on the Current Account.

General

When you receive a new cheque book, you must check that your name and Account number are printed on the cheques and count the cheques to ensure they are intact. We shall not be liable for any losses, damages, costs (including legal costs on a full indemnity basis) and expenses incurred or suffered by you if you fail to do so.

Any cheque drawn on the Company shall be on such forms supplied by us for the Account and must be drawn in the currency for that Account. We shall be entitled to dishonor any cheque which is drawn in contravention of this provision.

Cheques drawn on local banks are only cleared on designated clearing days which must be a Business Day. Such cheques are credited when deposited but cannot be drawn against until all proceeds have been received in the Account. We will debit the Account for dishonoured cheques and you shall be liable to pay for all interest, fees, costs, charges and expenses incurred or suffered by us, even if such interest, fees, costs, charges and expenses are imposed by us.

Clauses 8.3 and 8.4 shall apply to all cheque deposits placed with us whether over the counter or through any other means.

We reserve the right to debit your Account with cheques credited regardless of whether the cheques may be subsequently returned unpaid, or whether your Account may be overdrawn.

We shall be entitled to refuse to accept any cheque, CTS Article or financial instrument for deposit. This includes without limitation any cheque or CTS Article on which the payee’s name is not identical with that of the Account Holder. Whether we refund a CTS Article, in particular, a demand draft, will depend on you giving us enough detail to identify the demand draft and return the original demand draft, and any conditions we may set. We will make refunds on a demand draft at our current rate for the currency of the demand draft after deducting all charges that apply. If a demand draft is lost, stolen or destroyed, we may, if you ask us, and if you meet our conditions, stop payment on the demand draft, issue a replacement for the demand draft or refund the amount of the demand draft.

Cheques, CTS Articles and other financial instruments paid in or deposited by you into the Account and which have been dishonoured or cannot be processed by us for whatever reason may be returned by ordinary post or such other manner as may be decided by us at our discretion to your mailing address or to your last known address in our records at your risk and expense.

All cheques drawn on the Company must be signed in conformity with your specimen signature, or a specimen signature of an Account Holder, as kept in our records. Any alterations or corrections to the cheque must be countersigned with a signature that similarly conforms with the specimen signature in relation to the Account, or one of the specimen signatures of an Account Holder, as kept in our records. You shall issue a new cheque if there is more than one alteration/cancellation or if there is a material change in particulars such as changes in the name of payee, crossing or amount.

We may at its discretion, and upon your request, mark cheques as “good for payment” to another bank for any current account. If a cheque is so marked, the Account shall be debited immediately with the amount specified in the cheque. Such payments cannot be stopped. We shall be entitled to charge a fee for such services.

We may at our discretion, refuse to pay cash even though the word “bearer” is not cancelled, and the cheque is not crossed or marked as an “A/C Payee” cheque. We do not undertake to verify the identity of endorses of cheques drawn. You shall be fully responsible for the correctness and validity of all endorsements on cheques drawn on the Account.

Stop payment instructions shall be valid if we receive such instructions:

Stop payment instructions will be valid for such period as we determine from the date on which we receive your verbal or written instructions. Stop payment cheques will be effected based on the cheque number(s).

Any charges will be debited from the Account even if the stop payment instruction was processed successfully.

You shall be solely responsible for the safekeeping of your cheques and cheque books. When not in use, you should keep such cheques and cheque books securely so as to be inaccessible to unauthorised persons. In the event that any cheque (signed or unsigned) or cheque book is misplaced, lost, or stolen, you must inform us in writing immediately, otherwise we shall not be liable for any losses, damages, costs (including legal costs on a full indemnity basis) and expenses incurred or suffered by you.

Cheques should be drawn in Singapore Dollars and must be written in non-erasable ink. If you draw a cheque using pencil, erasable ball-point pens or self-correcting electronic typewriters which may give rise to forgery, fraud or unauthorised alterations, we shall not be liable to you and/or any party for any losses or damages. You shall not use facsimile signature stamps (including facsimile signatures using a rubber stamp or another instrument) to issue cheques.

In cases where several cheques, CTS Articles or bills are presented at the same time and the total amount exceeds the balance in your Account, the decision as to which of such cheques, CTS Articles or bills are to be paid shall be at our discretion. We will not make partial payment on a cheque, CTS Article or bill when overdrawn against the said Account.

Without prejudice to the generality of the foregoing provisions, the following shall apply to all articles, documents and items processed through the Cheque Truncation System (“CTS”) operated pursuant to the by-laws made by the Singapore Clearing House Association (“SCHA”) including but not limited to cheques (whether or not the same are, under section 82 of the Bills of Exchange Act (“BEA”) or otherwise, not transferable), other instruments and Image Return Documents (“IRD”) subject to the cheque truncation provisions of the BEA and/or any regulations made thereunder and all non-clearing items captured or generated pursuant to CTS.

Our rights, practices and/or liabilities are subject to the relevant by-laws and/or regulations of the SCHA and the Association of Banks in Singapore and we shall not be liable to you for any act done or omitted to be done pursuant to these by-laws and/or regulations.

We shall have the right to engage any bank, agent and/or service provider in proving services under the CTS. You consent to us disclosing all information relating to your Account, the CTS Articles and such other relevant details, information and particulars concerning transactions relating to your Account to:

We may (but shall not be obliged to) submit for CTS Clearing and/or settlement and payment, any CTS Article presented to us for collection and/or payment.

We shall not be obliged to return any original CTS Article presented to us for collection and/or payment notwithstanding that such CTS Article has been dishonoured or payment thereon has been refused on presentation provided that:

Where we have paid on any cheque or other instrument as aforesaid drawn or purportedly drawn by you (and/or on the image and relevant electronic payment information in respect thereto):

provided always that we may (acting at our discretion and subject to such conditions as we may impose and/or the relevant by-laws and/or regulations of the SCHA) nevertheless return the aforesaid original in lieu of the relevant electronic image or a printed or electronic copy thereof.

We shall not be obliged to replace or reissue you any IRD of any CTS Article provided to you which has been defaced, torn, mutilated, damaged, destroyed, lost or misplaced. Any presentment of an IRD shall be subject to the terms and conditions stated on the IRD and any Applicable Law. We shall be entitled to reject any altered, mutilated, defaced or torn IRD presented by you to us for collection and/or payment.

We shall not be responsible or liable to you for any losses, damages, costs (including legal costs), charges, expenses or any other liabilities (including but not limited to any consequential losses or damages) suffered or incurred by you arising from any payment by us on any CTS cheque or any CTS image of the CTS cheque presented to us for clearing through CTS which has been altered or forged in any way if such alteration or forgery is not apparent from the CTS image of the CTS cheque presented to us for payment and we shall be entitled to debit your Account for the same.

We shall not be responsible or liable to you and/or any other party for any losses, damages, costs (including legal costs), charges, expenses or any other liabilities (including but not limited to any consequential losses or damages) suffered or incurred by you and/or any other party howsoever caused by or arising from the CTS.

We may send any CTS Article, CTS image and/or IRD to you at your sole risk and expense by ordinary mail or such other mode as you may request and which we may in our discretion agree.

You agree that any CTS Article or CTS image or any part thereof in electronic form may be admitted in evidence as an original document and agrees not to challenge the admissibility of any such CTS Article or CTS image on the grounds only that it is made or recorded in electronic form.

Notwithstanding any instructions or mandate from you to the contrary, we shall have the discretion (without incurring any liability to you) to determine whether to process through the CTS and/or any other clearing and/or settlement system as we think fit any cheque, article, document or item including but not limited to:-

Notwithstanding any instructions or mandate from you to the contrary, we shall be entitled to disregard the presence or absence of any company or personal stamp(s), seal(s) and/or similar marking on:

even though you may have issued us contrary instructions, or the mandate for the Account may contain contrary instructions.

In the event of any conflict or inconsistency between this clause 9 and any other terms and conditions herein, this clause 9 shall prevail and the other terms and conditions herein shall be deemed to have been amended to the extent necessary to give effect to this clause 9.

In line with our normal banking practice, we will send you account statements (including electronic statements and transaction records such as deposit confirmations) through the post or via Electronic Services or by any other method we have agreed with you. We may not send account statements (including electronic statements and transaction records) if no transactions are carried out on your account.

If any account statement is returned undelivered, we will not send you any further account statements until you have updated your contact information with us.

We may allow you to receive electronic advice (including SMS or email), which we will send you in a way we decide. You will be responsible for paying all charges for receiving such electronic advice. Although we will put in place reasonable protection, we do not guarantee the accuracy, adequacy, reliability or security of any electronic advice we send to you and you accept the risk that it could be accessed by any unauthorised person. We are not responsible to you or anyone else for losses, damages or expenses arising from inaccurate or inadequate content or by anyone using or relying on the contents of electronic advice.

At your request, we may (but are not obliged to) pay, credit to or make available for withdrawal, from your account, any sum in advance of actual receipt of funds by us.

If we subsequently do not receive clear and unconditional funds promptly and in full for any reason, we shall be entitled, at its sole and absolute discretion, to take any one or more of the following actions:

We may also take any one or more of the actions stated in Clause 10.5 above at our sole and absolute discretion, if we are required to return any funds received by us from any party, or if we have reasonable grounds to take such action(s).

In respect to Clauses 10.5 and 10.6, we shall have no liability whatsoever to you and shall not be required to give any prior notice to you in respect of any such action taken.

We shall not be liable for any losses incurred arising from any unauthorised transaction on an Account if you:

In the absence of prior arrangement and approval, the Current Account shall not be overdrawn. However, overdraft facilities may be permitted at our sole discretion in accordance with the following (non-exhaustive) terms:

If we agree to allow an Account to be overdrawn (though it is not obliged to do so), you agree:

If we agree to allow an Account to be overdrawn (though we are not obliged to do) in relation to a particular transaction, you agree that such agreement shall apply only for that transaction and shall not mean that we have agreed or will agree to allow the Account to be overdrawn in the future.

We may from time to time impose transaction restrictions on a Current Account, such as limiting the number of free withdrawals that may be made on an Account in a calendar month beyond which a service fee may be charged.

Payment Responsibilities

You will pay such fees as we may determine for the opening, closing and operation of the Account and any other Services rendered by us. In addition, we are entitled to impose a fee on all Accounts, including dormant Accounts where the credit balance falls below the Minimum Balance we prescribe and on Accounts closed within six (6) months from opening or such other period as we may prescribe.

You agree to make payment, together with any interest that may accrue at such rate that we may in our discretion determine from time to time, to us for all monies, charges and/or liabilities on demand, and that such payment shall be in full, free of and without any set-off, counterclaim, restriction, condition, deductions, encumbrances and/or liabilities with respect thereto.

You shall bear all charges (including administrative and/or bank charges), fees, commission, taxes, levies, reimbursements or any other cost of any nature which may be levied by us, any banks (including but not limited to the bank engaged by us in providing Services under the CTS, the SCHA and the CTS Operator), financial institutions, nonfinancial institutions, agents or any other person, firm, company, corporation or any other entity in connection with or arising out of any transaction or instruction relating to the Account or the performance of any obligation or the provision of any Services to you.

We shall be entitled to debit (without notice) the Account with any fee, commission, tax, levy, reimbursement or any other cost payable by you to us at such rate determined by us from time to time notwithstanding that such debiting may result in the Account being overdrawn. Without limiting the generality of the foregoing, we reserve the right to impose a charge in circumstances including the following:

We shall be entitled to impose or levy administrative charges and be reimbursed for all costs and expenses (including legal costs on a full indemnity basis) for attending to queries or enquiries by you and/or your auditors and/or solicitors or other parties authorized by you or attending to handling or garnishee orders, injunctions or any other court orders or judgments or proceedings relating to the Account or the moneys therein and any transactions thereto.

Any payment by you under these Terms shall be made free of any restrictions or conditions and free and clear of and without deduction or withholding in respect of any tax, penalty, sanction or similar levies. If you are required by any Applicable Law to effect such deduction or withholding, then the amount due and payable to us shall be increased by such amount as shall result in us receiving an amount equal to the amount we should have received in the absence of such deduction or withholding.

In the event that any GST, which expression shall include any tax of a similar nature that may be substituted for it or levied in addition to it (by whatsoever name called) or withholding tax or any other tax is now or hereafter chargeable by law on any payment hereunder, you shall pay on demand such GST and/or the withholding tax and/or any other tax at such rates as may be prescribed by Applicable Law from time to time in addition to all other sums payable hereunder or relating hereto, and you agree to indemnify us in full against the payment if we are required by law to collect and make payment in respect of such GST and/or withholding tax and/or any other tax and such indemnity shall include interests from the date of payment by us to the date of full payment by you at such rates as we may stipulate from time to time.

You shall (except to the extent prohibited by law) bear and pay any goods and services tax or other levies now or hereafter imposed by law or required to be paid in respect of any monies paid/payable to or received/receivable by us or any expenses incurred by us, and we shall be entitled to debit the same from your Account. If we are required by any Applicable Law to collect and make payment in respect of such goods and services tax or other levies, you shall indemnify us against the same.

All payments by you under this clause 12 shall be made free and clear and without deduction for or on account of any withholding tax or levy.

You hereby authorise us to make any deduction or withholding which we may be required to make in compliance with any Applicable Law from any interest payable to you.

Electronic payment

We may, if you ask us, accept standing instructions to withdraw money from your account and pay it to certain billing organisations, under any terms we set. Any standing instruction will stay in place until we receive notice of your winding-up or liquidation or notice from you to cancel the standing instruction. We may end this standing instruction arrangement at any time by telling you in writing, or without giving you notice, if a billing organisation tells us no further payment is needed. We do not need to carry out any standing instruction if the billing organisation does not accept payment in the way we require.

Default interest

Unless otherwise specified by us, no interest shall be paid on any credit balances in the Current Account.

Notwithstanding Clause 12.13 above, we will calculate interest according to our usual practice. We will then add it to the sums you owe us but which you have not paid, and the total amount will bear interest accordingly until all the sums you owe us are paid in full.

Debiting your Account

We may debit your Account for all sums due and owing to us without affecting our rights and remedies against you or any one else, notwithstanding that you may incur a Loss in interest earnings or a reduction in the original principal amount due to bank charges or adverse exchange rate movements.

We, our employees, nominees, directors and agents, shall not be liable for any loss incurred by you or an Authorised Person or any other person as a result of acting or failing to act, except in the case of gross negligence, willful default or fraud on our part, or the part of our employees, nominees, directors and agents.

Without limiting the generality of the foregoing, we shall also not be liable for any loss or other consequences suffered or incurred by you or an Authorised Person or any other person that arises from:

If any event described in Clause 13.2 occurs and we have debited your Account, we are not obliged to reverse the debt or pay or compensate you in respect of the amount so debited.

Unless otherwise expressly agreed by us in writing, we do not assume any advisory, fiduciary or similar or other duties to you. We assume, and rely on the assumption, that you have taken the necessary independent legal, tax, financial and other advice in relation to the Account or any transaction between us and you or effected by us pursuant to an instruction.

No action regardless of form arising out of or in connection with the Account and/or any Service may be brought by you against us more than six (6) years after the cause of action has arisen.

You shall fully indemnify and hold us, our employees, nominees, directors and agents harmless for all losses and embarrassment, including legal fees and costs (on a full indemnity basis), howsoever suffered or incurred by us, whether directly or indirectly, including without limitation in connection with:

We reserve the right to retain such sums in the Account (including Accounts held jointly by you with other persons), as we may determine to be required to indemnify us for any losses which we may suffer, incur or be liable to pay on behalf of you or an Authorised Person and/or under or in connection with the Account and/or the Services.

You agree that you will be liable for losses that (a) arise from any unauthorised transaction that is caused by or contributed to by your recklessness, including failure to keep to the terms of this agreement, or (b) arise from a transaction that is agreed to by your authorised signatories (people you have given permission to operate the account) even if you did not agree to the transaction or you were defrauded.

For the avoidance of doubt, if we retain solicitors to enforce and/or protect any of our rights or resolve any dispute relating to the monies in or other matters relating to the Account whether by judicial proceedings or otherwise, you agree to indemnify us for all costs (including legal costs on a full indemnity basis), fees and charges thereby incurred.

The indemnity set out in this clause 14 shall continue notwithstanding the termination of any and every Account. All such indemnified amounts may be debited from the Account or such other Account which you may maintain with us.

You agree that when we accepts or incurs any liability at your request, or when the Account is overdrawn, or when any interest, service charge, tax or other sum (“charge”) is due and payable to us, any deposits, funds, documents, instruments, chattels, bonds, debentures, shares or other securities, and any other valuables held by us in the name of, or on behalf of, the you (hereinafter called “Collateral”) including Collateral in safe custody, shall automatically be pledged and/or charged to and constitute continuing security to us for discharge of such liability and repayment of such overdraft. We shall have the right to retain such Collateral (even if this necessitates the dishonoring of your cheques), or any part thereof until the liability, overdraft and/or charge is discharged and/or repaid.

You agree that, whether your Account(s) are held in your sole name or jointly with others, we can appropriate, set-off, or debit all or part of the balances in any of your Accounts, to pay and discharge all or part of your liabilities (whether actual or contingent) to us; and where required, earmark any amounts credited or expected to be credited into your Account(s).

We may refuse any withdrawals from your Account where the Account is earmarked for purposes under Clause 16.1 until the sums owed by you are paid in full.

You agree that we shall be entitled to hold all assets (including any credit balance in the Account, deposit, sum, document, instrument, chattel, property, bond, shares, other security or other valuables) in collateral and continuing security for the discharge of any your liabilities to us whether actual, contingent, primary, collateral, several or joint. In the event that you breach any of the Terms or fail to discharge any liabilities, we shall be entitled at any time and without notice to you to deal with and/or sell any of these assets in a manner we in our discretion deem appropriate. The proceeds of any such dealing or sale will then be used to set-off your liabilities to us, including for all costs incidental to the dealing or sale. Where the proceeds are insufficient to discharge the liabilities, you must repay us for any remaining outstanding liabilities on demand.

You authorise us to debit your Account in respect of any payment which, in our opinion, had been paid into the Account by mistake on our part or the part of other parties.

In addition to any general lien or any other right to which we may be entitled by law, we shall be entitled at any time and without notice to you to combine, consolidate or merge all or any of your Accounts (whether singly or jointly or jointly with any other person and/or under whatever style, name or form) and to set-off any amount standing to the credit of such Accounts (whether matured or not) against your liabilities to us whether actual, contingent, primary, collateral, several or joint.

You agree that we may make the necessary conversion at our prevailing currency exchange rate where any set-off or consolidation undertaken by us involves the conversion of one currency to another.

We reserve the right at any time to convert Accounts of one type to Accounts of another type for any reason whatsoever without notice including but not limited to closing the Account at our customer centre in Singapore and transferring the same to any of our other customer centre in Singapore or elsewhere.

We may at any time in our discretion suspend or close an Account, or terminate a Service without disclosing any reason therefore by seven (7) days’ notice or, where we deem fit, immediately upon issuing a notice to you (whether or not the notice is received by you). We may discharge our liability to you for the monies in a closed Account by returning the monies to you in such mode or manner as you deem fit, including mailing to you a cheque or draft for that amount. No interest will accrue or be paid on unclaimed balances from a closed Account.

Without prejudice to the generality of the foregoing, we shall be entitled to suspend or close an Account, or terminate a Service immediately without demand or notice upon the occurrence of any of the following circumstances:

Your liabilities and obligation to pay all fees, costs, charges, expenses and amounts accrued up to the date of closure of the Account or termination of the Service shall survive the closure of the Account or termination of the Service, and the termination of these Terms.

In the event of any termination, all the terms and conditions in these Terms shall continue to apply until all obligations and liabilities owed by you to us, whether actual or contingent, are fully and properly satisfied and discharged. Termination shall not affect any legal rights and obligations, which may have arisen, including the rights and liabilities of the parties for which there is an outstanding liability. Any termination of the Account shall be without prejudice to our right to settle any transactions entered into or to settle any liability incurred by you under the Account or by us on your behalf prior to such termination.

You may close your Account at any time by giving us written notice signed by you or an Authorised Person and paying us all outstanding amounts due and payable.

Once the Account is closed for any reason, all unused cheques and/or Cards shall become our property. You shall promptly return them to us or destroy them and shall not continue to effect transactions through the Account in any way. Your obligations under these Terms will however continue and all outstanding balances (which include such charges and liabilities you may have incurred but which have not been debited to the Account) on the Account will become payable at once. If your Account is closed by us, and if you still owe us any sum of money, these Terms and any other terms and conditions relevant to you shall continue to apply to you until we receive and acknowledge receipt of all monies due and payable to us.

Once the Account is closed for any reason, all Electronic Services linked to that Account and standing instructions (including GIRO) will also be terminated automatically.

You hereby represent, warrant and undertake that:

These representations, warranties and undertakings shall be deemed repeated whenever any instruction is given to us.

You shall:

If you have cheque books issued to you, it is your duty:

We reserve the right to adjust the Account to rectify any erroneous entry or omission in any statement or advice and, subject to clause 19.3 above, any statement or advice so rectified shall be conclusive and binding on you. We reserve the right to reverse any entry, demand refund and/or debit the Account for any overpayment into the Account arising from such erroneous entry or omission.

You agree that all our records are conclusive and binding for all purposes save for manifest errors and accept that our scanned records of instructions and communications are final and conclusive and shall be binding on you for all purposes. You hereby agree that all such records are relevant and admissible in evidence and shall not dispute the accuracy nor authenticity of the contents of such records merely on the basis that such records were produced by or are the output of a computer system, and hereby waives any right to so object.

The Deposit Insurance Scheme (administered by the Singapore Deposit Insurance Corporation Limited under the Deposit Insurance and Policy Owners’ Protection Schemes Act) provides limited compensation to eligible deposit accounts held by individuals and other non-individuals (non-bank) with full banks and finance companies in Singapore (including by us). The Register of Insured Deposits of the Company (as amended and updated from time to time) sets out the eligible deposit accounts and is available for inspection upon request. These deposit accounts are eligible for deposit insurance coverage under the Deposit Insurance and Policy Owners’ Protection Schemes.

Funds stored on Mobile Wallets provided by us and stored value Cards provided in conjunction with such Mobile Wallets are not insured deposits under the Deposit Insurance and Policy Owners’ Protection Schemes Act (Chapter 77B of the Singapore Statutes) and are ineligible for protection by the Deposit Insurance Scheme.

The provisions of this clause 21 shall be in addition to and read together with our Privacy Policy which is available at https://www.singapurafinance.com.sg/privacy.php.

Personal Data which you submit to us may be accessible, on a need-to-know basis, by our officials, servants, employees, nominees, directors, agents and any other persons who by reason of their capacity or office have access to our records, registers or any correspondence or material with regard to the Account.

You may provide us with personal data (including that of your office holders, employees, shareholders and beneficial owners) in connection with you establishing and maintaining a relationship with us. When giving us any personal data, you confirm that you are lawfully providing it for us to use and share with others for the purposes of:

Further, by applying for an Account or any Service (whether or not we ultimately accept the application), you consent to the disclosure of your Personal Data for the purposes set out in this clause to:

The permission you give us in this clause 21 will continue after this agreement ends and your account is closed.

We may send any notices, statements of account, advices, correspondence, demands or any other communications to you in any mode or manner which we deem appropriate to the last known address, registered address, facsimile and/or telephone/mobile phone number or electronic mail address in our records. We may also notify and communicate with you electronically via the Services, through the display of notices at our customer centres, by publishing on our website or social media accounts, in a daily newspaper or via radio or television broadcasts.

You shall promptly notify us in writing (or, in such other mode(s) and/or methods agreed by us from time to time) of any change in your particulars (including your address, telephone/mobile phone numbers and electronic mail address) and those of any Authorised Person.

Any court document or other legal process or any other document requiring personal service, may be sent by ordinary mail, delivered personally by leaving at your last known address and/or registered address, or by email to your last known email address, and shall be deemed to have been delivered on the day of delivery, if delivered personally or by email, or the next business day after posting, if sent by post in Singapore, notwithstanding that it is not received by the Party or returned undelivered.

Unless otherwise expressly provided in writing, our notices and communications to you in connection with your Accounts and the Services are effective:

We shall not be responsible or liable for notices or communications after they are sent, including where any notice or communication is delayed, intercepted, lost, fails to reach or if the communication is disclosed to anyone during transit.

Where you instruct us to retain for your collection any communication, such communication is deemed delivered to and received by you when it first becomes available for collection.

A written statement by an officer of our Company confirming the posting of any communications whatsoever shall be binding and conclusive of this fact.

Communications when addressed to, sent, delivered or received by any one joint Account Holder are deemed to be given to, sent, delivered and received by all joint Account Holders, and where applicable shall be binding on the same.

These Terms, together with any other terms, conditions, rules or regulations contained in our cheque books, deposit vouchers, notices, forms or other documents supplied by us and any terms, conditions, rules, regulations or agreements relating to any Accounts or Services utilised by you or accessed through or linked to your Account comprise the entire agreement between us and you. You are deemed to have read and understood such terms, conditions, rules, regulations or agreements and will be bound by them accordingly.

We reserve the right to add to, vary, delete or substitute any part of these Terms (or any other terms and conditions) at any time at our discretion. All amendments shall take effect and bind you from such date as we may prescribe provided that such amendments or a set of the revised Terms are exhibited at our customer centre, publicised by us through any medium, or sent to you by any mode of communication. Upon such exhibition, publication or communication, you shall be deemed to have notice of such amended Terms. Nothing in these Terms shall obligate us to exhibit, publish or communicate such amendments in any language other than English.

We may make amendments for administrative or clarification purposes and include additional terms and conditions governing new products and services without giving you any notice.

If you do not accept any amendment of these Terms (or any other terms and conditions), you shall immediately discontinue operating the Account and shall promptly close the Account. If you continue to operate the Account after such exhibition, publication or communication, you shall be deemed to have agreed to the amendment without reservation.

You agree that, where applicable, you shall comply with the United States Foreign Account Tax Compliance Act (“FATCA”) tax reporting, withholding and other requirements set out in the Singapore Tax Requirements Notice which we issue from time to time and which form part of these Terms. If there is any difference between this agreement and the terms in the Singapore Tax Requirements Notice, the terms in the Singapore Tax Requirements Notice will apply to FATCA and other tax-reporting and withholding requirements.

We shall not be liable to you for any losses, damages, costs (including legal costs on a full indemnity basis), charges, expenses or any other liabilities suffered, paid or incurred by you as a result of us complying with FATCA and/or any other laws, legislation, regulations, orders or agreements with tax authorities or by or between tax authorities or governments or if we or our agent makes an incorrect determination as to whether you are subject to tax or tax reporting obligations under FATCA or if we have made tax withholdings/deductions and/or remittances and/or transfers of monies from the Account and/or the deposits pursuant to the aforesaid incorrect determination.

No failure to exercise or enforce and no delay in exercising or enforcing on our part of our rights under any of these Terms shall operate as a waiver thereof nor shall it in any way prejudice or affect our right afterwards to act strictly in accordance with the powers conferred on us under these Terms.

We are entitled to waive compliance with any provisions herein, but such waiver shall be without prejudice to our right to enforce compliance with any such provisions on any other occasion.

If any one or more of the clauses in these Terms shall be deemed invalid, unlawful or unenforceable in any respect under any Applicable Law, the validity, legality and enforceability of the remaining provisions of the Terms and the clauses contained herein shall not in any way be affected or impaired.

These Terms are binding on and endure to our benefit and for our successors in title and assigns, and shall continue to be binding on you notwithstanding any change in our name or constitution, or our consolidation, merger, or amalgamation into or with any other entity, and in such event such entity shall thereupon substitute for us in relation to these Terms and the Account made available at that time by us to you and these Terms shall continue in force as between you and such entity.

You cannot, without our prior written consent, assign, transfer or charge as security or otherwise in any way:

We shall have the right to outsource or subcontract, in whole or in part, any of our operations to such third parties (including but not limited to any party outside Singapore) on such terms as we may deem fit in our discretion without prior consultation. Such operations shall include information technology services, mail services, cheque clearing, printing of any documents, forms or cheques and CTS Articles, creation, maintenance and archiving of records and documents, and debt collection.

The language of these Terms shall be English. Nothing in these Terms shall oblige us to make available the Terms in any languages other than English. If these Terms are at any time provided in a language other than English, and any discrepancy arises between the versions in relation to the Terms, its interpretation and understanding, the English version shall prevail.

Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of the Singapore Statutes, to enforce or enjoy the benefit of any clause in these Terms. Notwithstanding any clause in these Terms, the consent of any third party is not required to add to, vary (including to release or compromise any liability), delete or substitute any clause of these Terms.

These Terms shall be governed and construed in all respects in accordance with the laws of the Republic of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore which means that legal proceedings against us can only be brought in the courts of Singapore and no other unless we expressly agree otherwise in writing. This clause does not limit our right to bring legal proceedings in any country and to take concurrent legal proceedings in more than one country.

We shall be entitled to take all actions we consider appropriate:

Arising from any concerns that we have relating to Financial Crime or Sanctions Compliance, we may, at its absolute discretion and without any notice to the Customer:

Unless the context otherwise requires, the following terms shall have the following meanings:

Unless the context otherwise requires:

We will, in our discretion, determine the age limits, minimum initial deposit, subsequent placements, minimum maturity period or any other criteria on the opening and operation of a Fixed Deposit Account from time to time.

Placements: Any placement of a fixed deposit shall be accompanied by your stipulations as to the placement period and maturity instructions. In the absence of such stipulations, we will be entitled to, in our discretion, place it for any tenor and/or automatically renew the aggregate amount of principal plus interest upon its maturity at the prevailing rate at the time of such renewal.

We may choose not to make a Fixed Deposit placement for you if your savings or current account used for debiting of funds for such placement has insufficient funds at the time of your request or for any other reason at our discretion. Any debiting allowed shall be subject to such terms and conditions as we may specify.

Any placement of a Fixed Deposit shall be accompanied by your stipulation as to the placement period and maturity instructions. In the absence of such instructions, we may, at our discretion, and without reference to you, renew the Fixed Deposit (including any accrued interest in the Account) on its maturity for the same period as the preceding Fixed Deposit placement and at such interest rates (or negative interest rate charges, where applicable) we determine, or for any other period and applicable interest rate, and upon such terms as we may deem fit from time to time. We may (but shall not be obliged to) determine the applicable interest rates for each Fixed Deposit placement or renewal based on the total amount of Fixed Deposit placements you have with us in your Fixed Deposit Account at any given time. If you have more than one Fixed Deposit placement with us at any given time, the applicable interest rate for each subsequent Fixed Deposit placement or renewal may be lower than, or differ from, the interest rate applicable to the first Fixed Deposit placement.

We will place for value all Singapore Dollar Fixed Deposit made using Singapore Dollar cheques on the same day it is received by us provided that it is a Clearing Day and before the clearing cut-off time or other time as we may stipulate or on a non Clearing Day will be placed for value on the next Clearing Day.

Deposit Advice: A deposit advice will be given for each new fixed deposit placed with us. The deposit advice is only evidence of a deposit and not a document of title. The deposit advice need not be produced for renewal or withdrawal. We reserve the right to verify your identity in any form or manner as it deems appropriate.

Interest: Any interest on a fixed deposit will be paid for such period of time and at such rates and intervals as may be specified by us from time to time, and such interest shall be calculated on a daily basis or in accordance with such formula as we may prescribe.

Early Withdrawal: Deposits may not be withdrawn before maturity. However, we may, at our absolute discretion, allow you to withdraw the deposit or any part thereof before the maturity date on condition that no interest is payable thereon and subject to such terms and conditions as we may impose from time to time including but not limited to payment by you to us of a levy or fee of such amount as we may determine.

Maturity: Withdrawal of fixed deposit (whether wholly or partially) may be made only on the maturity date provided instructions in the prescribed form for withdrawal are received by us from you. If the maturity date falls on a date that is not a Business Day, the maturity date shall be automatically extended to the next Business Day.

Renewal: The fixed deposit shall be automatically renewed with accrued interest upon maturity for the same period at our prevailing board rate, unless instructions in the prescribed form for withdrawal or renewal of the fixed deposit for a different duration are received by us from you at least two (2) Business Days before the maturity date. The renewal deposit advice supersedes the previous deposit advice.

Charge on Fixed Deposit: Fixed deposits in an Account may not be transferred, negotiated, assigned, pledged, charged or otherwise encumbered or given by way of security to any party except in our favour or with our prior written consent.

Statements and Advices: Notwithstanding the generality of clause 19, you shall promptly notify us of any objection in connection with any error or inaccuracy in any statement/advice concerning any fixed deposit placed, withdrawal made (whether an early withdrawal or upon maturity), debit or credit made, omission or other inaccuracy in relation to a fixed deposit, and such objection shall be made not later than fourteen (14) days from the date you receive any statement/advice containing such error or inaccuracy.

Closure of Account: We may close the account without giving any reason by 7 days’ notice or, where we deem fit, immediately upon notice to you (whether such notice is received or not), if there is no outstanding deposit in your Fixed Deposit account(s) for a period of 12 months or such time as we may stipulate.

“FATCA” means Foreign Account Tax Compliance Act. This Act was enacted in 2010 as part of the Hiring Incentives to Restore Employment (“HIRE”) Act and its purpose is to increase transparency for the Internal Revenue Service (“IRS”) with respect to US persons who hold financial assets in non-US financial institutions and other offshore accounts. Foreign Financial Institutions (“FFIs”) are required to report to the IRS information about financial accounts held by specified US persons or by Non-Financial Foreign Entities (“NFFEs”) with substantial US owners. In many countries, local law would prevent an FFI from reporting directly to the IRS, information required by the FATCA statutory provisions and regulations, thus potentially exposing the FFI to withholding tax. Such an outcome would be inconsistent with FATCA’s objective to address offshore tax evasion through increased information reporting. To overcome these legal impediments, the US Treasury Department has collaborated with foreign governments to develop two alternative model intergovernmental agreements (“IGAs”) of which there are two models namely, Model 1 and Model 2. These IGAs facilitate the effective and efficient implementation of FATCA in a manner that removes domestic legal impediments to compliance, fulfils FATCA’s policy objectives, and further reduces burdens on FFIs located in partner jurisdictions.

On 6 May 2014, the Ministry of Finance, the Inland Revenue Authority of Singapore (“IRAS”) and the Monetary Authority of Singapore announced that Singapore had initialed a Model 1 IGA with the U.S. and that Singapore has been included in the US Department of the Treasury’s list of jurisdictions that are treated as having an IGA in effect. Under the Model 1 IGA, Singapore Financial Institutions are required to report certain information on accounts held by Specified US Persons or by NFFEs with substantial US owners to IRAS. IRAS will subsequently share this information with the IRS under the requirements of the Model 1 IGA.

Details of an Account Holder’s account, and any other Account Holder’s Information, may accordingly be reported to IRAS where such disclosure is required under FATCA.