Undertakes to give notice to the Acceptor of the commencement date, frequency and amount at least 10 calendar days before the first Direct Debit is drawn (but no more than 2 calendar months). This notice will be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (by electronic means including SMS) to communicate electronically).
Where the Direct Debit System is used for the collection of payments which are regular as to frequency, but variable as to amounts, the Initiator undertakes to provide the Acceptor with a schedule detailing the amount and each payment date. In the event of any subsequent change to the frequency or amount of the Direct Debits, the Initiator has agreed to give advance notice of at least 30 days before the changes comes into effect. This notice must be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (including by electronic means including SMS) to communicate electronically).
May, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice the Bank may terminate this Instruction as to future payments by notice in writing to me/us.
May, upon receiving an “authority transfer form” (dated after the day of this Instruction) signed by me/us and addressed to a bank to which I/we have transferred my/our bank account, initiate Direct Debits in reliance of that transfer form and this Instruction for the account identified in the authority transfer form.
The Customer may:
At any time, terminate this Instruction as to future payments by giving notice of termination to the Bank and to the Initiator by means agreed by the customer, Bank and Initiator.
Stop payment of any Direct Debit to be initiated under this Instruction by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
The Customer acknowledges:
This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice of such event is received by the Bank.
In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account. c. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other dispute lies between me/us and the Initiator. d. Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of: - the accuracy of information about Direct Debits on Bank statements; and - any variations between notices given by the Initiator and the amounts of Direct Debits. e. The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice in accordance with 1(a) nor for the non- receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator. f. Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/ us and the debtor concerned. g. The specific conditions relating to Notices and Disputes, mentioned in clause 5 below.
The Bank may:
In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other Instruction, or payment properly authorised or signed by me/us and given to or drawn on the Bank.
At any time terminate this Instruction as to future payments by notice in writing to me/us.
Charge its current fees for this service in force from time to time.
Upon receipt of an “authority to transfer form” signed by me/us from a bank to which my/our account has been transferred, transfer to that bank this instruction to Accept Direct Debits.
Special Conditions Relating to Notices and Disputes
The Initiator is required to give written notice of the amount and date of each direct debit in a series of debits no less than 10 calendar days before the date of the first debit.
If the bank dishonours a direct debit but the Initiator sends the direct debit a second time within 5 business days of the original direct debit, the Initiator is not required to notify a second time of the amount and date of the direct debit. The Customer may:
Request the bank to reverse a direct debit up to 120 calendar days after the debit if:
they don’t receive a written notice from the Initiator of the amount and dates for direct debits in the series of debits, or
they receive a written notice but the amount or the date of debiting is different from the amount or the date specified on the notice (allowing for debits to be made on the next business day if the date notified falls on a weekend or public holiday).
Request the Bank to reverse any Direct Debits where the Initiator cannot produce a copy of the Instructions and/or Confirmation that I/we are reasonably satisfied demonstrate that the bank were authorised to accept Direct Debits from the Initiator against the account, provided the request is made not more than 9 months from the date when the first Direct Debit was debited by the Initiator under the Instructions.
