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		1.1 This Egg Customer Relationship Agreement sets out clearly what we agree to do for you. It also explains clearly what you agree to do for us regarding the product(s) you select in your application form. It will also apply to any product or service which you apply for in the future and which is covered by this Agreement. (We will ask you to enter into a separate agreement for our credit card, personal loan, mortgage, insurance and investment products). This agreement is made up of: these General Terms and Conditions; any other Special Conditions (such as interest rates, notice periods and charges) contained in separate leaflets or which we tell you about before we provide a product or service to you; the application form signed by you, or, where a paper application form is not required, the online application form submitted by you. 1.2 We will always give you a written copy of any Special Conditions for any product or service we provide. If we think the Special Conditions are too complicated to explain in a telephone call, we will give you a written copy before we provide the product or service. If the Special Conditions are inconsistent with any of these General Terms and Conditions, the Special Conditions will apply (subject to Condition 11.4). We may not post you written copies of these General Terms and Conditions or Special Conditions if your account is an Internet based account. Instead you should view the Terms and Conditions applicable to your product or service by visiting our site. 1.3 So that we can provide products and services designed specially for you, we will collect and review all the information which: you give to us, to other Egg companies and to linked suppliers; or which we, other Egg companies and linked suppliers obtain about you personally in connection with the Egg Customer Relationship Agreement and any accounts or products and services you take from us. This is to help us develop and maintain an up-to-date picture of you as an individual, which we and other Egg companies can use to keep you informed about other products, services and special offers (including those supplied by third parties) which we or they think might interest you. We may tell you about these using a range of methods, including post, fax and electronic communications, such as the telephone, SMS, email. Please tell us if you prefer not to receive information about other products or services or you do not want other Egg companies to be given your Personal Information. The information we collect (using a range of methods including cookies and similar tracking devices) will include information about how you manage and use your accounts, including the type of purchases you make from your accounts (whether by a card, Direct Debit or in any other way) and payments which are made into your accounts. This information will include the name of the payer (for example your employer) and the supplier (for example a shop) and the general nature of the goods and services paid for. We obtain this information automatically as part of operating your accounts. If you do not want us to have it, you should consider an alternative to using your account. If you operate your Account by Internet, we also use cookies (small pieces of information which we send to your computer) and web logs (information about how you use our website) to improve the security of our service and obtain information. For more details about cookies and web logs, see the security and privacy pages. 1.4 As we develop and improve our products and services and introduce new ways of communicating with you, we will change this agreement under Condition 13. 1.5 The services we provide under this agreement are for your personal use only. We do not provide services for businesses, clubs, charities, other organisations or trustees. If we are concerned for customer security reasons that an account may be unsuitable for operation under a Power of Attorney or upon the authority of an authorised person under Condition 2.3, we may reject an application for the account or require the account (if already open) to be closed. 1.6 In this agreement "we", "us", and "our" mean Egg Banking plc, and "you" and "your" mean the person who signed the application form, or if more than one person signed the application form, all of them, or where a paper application is not required, the person in whose name an online application is made. "Business day" means a day other than a Saturday, Sunday or Bank Holiday in England and "linked supplier" means a company which provides additional benefits or services to you under an arrangement with us including any responsible aggregator approved by us. "Personal Information" means the information described in Condition 1.3. The "secure area" means that part of our operation which can only be accessed on the Egg website or telephone by Egg customers who have been through our security checks. 2. Contacting each other 2.1 We may contact each other by post, telephone (including automatic calling systems), fax, Internet, other electronic means and in other ways which we will tell you about from time to time using the latest details you have given us, or we have given you. If you want to prevent others from reading electronic (including email) messages we send you, you must set up your own password protection on your system at home or work. You understand that you may not be able to prevent email messages being monitored at work. We will tell you if any of our contact details change. We also need you to tell us if your name, address, telephone, email or any other details change. If you do not do this we may charge you any expenses we incur in tracing you. 2.2 If you send us an email, you cannot assume that it has reached us until we return an email acknowledging receipt. 2.3 You can tell us to make payments and account transfers, open new accounts and give us other instructions and make other requests ("instructions") in writing, by telephone, Internet and other electronic means we tell you about. You can ask us to make payments and transfers on the written instructions of another person (an "authorised person") by completing the form we provide for this purpose. 2.4 When you telephone or contact us by Internet we will check your identity from the security details and password which you give us when you set up security. 2.5 We may record telephone calls you make to us so that we have a record of your instructions. We may also listen to calls to help us monitor the quality of our service. 2.6 If we contact, or try to contact, each other by telephone, we may leave a message for you to call or contact us on an answering machine or with the person who answers our call. 3. Security 3.1 We may establish security procedures with you either by post, telephone, Internet or other electronic means. You must never tell anyone your security details and password (except to gain access to the "secure area") or allow anyone else to use your security details or password to access the secure area. You must always do all that you can to keep your security details and passwords secret at all times and when accessing the secure area, make sure that your security details and passwords will not be kept in any form (by browser or any other software) in such a way that other users of the same workstation can gain access to the secure area. If you make written records of any security details or password, you must disguise them so that they cannot easily be understood by anyone else. 3.2 You must tell us as soon as possible if: you think that someone else knows your security details or password; you have forgotten your security details or password; you think that someone else (other than a joint account holder or authorised person) is trying to use your account; you think your security details or password have been kept in any form which may allow others access to the secure area in which case you should immediately arrange for the details to be deleted or the software disabled. Until you tell us: you will be responsible for any instruction in writing or by telephone or Internet or other electronic means which we receive and act on, even if it was not given by you. Normally we will pay back into your account the amount of any payments we make after you have told us. But, subject to any statutory requirements, if we can show that you have acted fraudulently or without reasonable care or have not kept your security details and password secret you will be responsible for all payments we make and all losses on your account; we will not be responsible for any unauthorised access to confidential information about you on the secure area. 3.3 We can ask you to confirm instructions by telephone, Internet and other electronic means in writing if we feel this is appropriate. 3.4 We can refuse to act on an instruction if for any reason we think it was not given by you, was not clear, might cause us to breach a law or contractual duty, or we think your account is being used for an illegal purpose. 3.5 We will do all that we reasonably can to prevent unauthorised access to our secure area. We will repay you any money taken from your Egg account due to an error by our staff or our systems or if you are the victim of a computer crime on our website. But if we can show that you have acted fraudulently or have been negligent or have not kept your security details and password secret you will be responsible for all payments we make on your behalf and all losses you incur. We will have no other liability to you. 3.6 When you use our Internet service you must ensure that your computer and modem comply with any requirements we tell you about from time to time. You must also follow any procedures and instructions contained in any user guide we give to you or contained on our Internet website. 3.7 If we give you software to help you to use our Internet service you must not change it or allow anyone else to use or copy it. You must carry out your own virus checks. 3.8 You will tell us as soon as you can if you find any failure, delay or error in our Internet service, especially in the sending or receiving of instructions or any suspected fraud. Our records of your Internet instructions will be conclusive unless there is a clear mistake. 3.9 Accessing our Internet service from another country may be an offence in that country. You agree that use of our Internet service outside the UK will be at your risk. 3.10 If you want a third party to collect information about your Egg accounts from us so that it can be aggregated with information about other accounts you have, you may be asked to give your security details and passwords to that third party. Before doing so, you must check that that third party is approved by us. We will not treat the disclosure of your security details and passwords to such a third party whom we have approved as a breach by you of the provisions of this Condition 3. 4. Paying money into your accounts 4.1 Depending on the particular account you can make payments into your account by cheque, bank giro credit, debit card, transfers and Direct Debits from another account. You cannot make payments by cash, postal order or travellers' cheque. All payments must be in sterling and cheques must be drawn on a UK bank or building society. 4.2 We may process all cheques you send us for payment into your account when we receive them, even if they have a future date on them, as our processing is done automatically. We will not be liable to you if we do this. 4.3 When you pay money into your account it will be shown on your statement as soon as we have processed the payment. This is the balance which will be quoted to you if you request a balance over the telephone, internet and other electronic means. 4.4 You cannot make payments into an account if this would result in the total credit balances on your accounts going over our customer limit specified in the Special Conditions. 4.5 If a cheque you send us for payment into your account is more than six months old, we do not have to accept it. 4.6 You cannot withdraw the money you have paid into your account until it has cleared. The central clearing cycle applies to cheques and automated payments (excluding CHAPS payments) made into most clearing bank accounts (where clearance normally takes three Business Days). As we are not a clearing bank, cheques paid into your Egg account normally take eight Business Days to clear for cheques received prior to 1 November 2007 or seven Business Days to clear for cheques received on or after 1 November 2007. See Condition 5.3 below for more information on the clearance time for cheques and automated payments, and Condition 6.4 for information on when you will start to earn interest. 5. Taking money out of your accounts 5.1 Depending on the particular account we can make payments and account transfers on instructions you give us: by using any card we have provided on your account; on documents you or an authorised person have signed (but not copies or facsimiles); by telephone, internet and other electronic means, subject to our withdrawal limits, as long as we have checked your identity from the security information and passwords, and even if you have failed to keep your security details and password secret and the order was given by someone else using your security information and passwords. 5.2 Depending on the particular account you can take money out of your account by asking us to: make a direct transfer to another Egg account in your name or a UK bank account which you have previously nominated; make other direct transfers agreed with us. 5.3 You can only take money out of your account if you have sufficient cleared funds. CHAPS payments are cleared on the day we receive them, BACS payments take three Business Days to clear, direct debits and debit card payments take up to five Business Days to clear and cheques are not cleared through the banking system until the eighth Business Day for cheques received prior to 1 November 2007 or until the seventh Business Day for cheques received on or after 1 November 2007 after we process them (including the day of receipt if it is a Business Day). We are sometimes given value for a payment before the paying bank has checked that its customer has funds to pay it. If this happens and the paying bank reclaims the payment, we will take the amount of the payment out of your account, even if it is then overdrawn. 5.4 Normally we will act on your instructions to take money out of your account within 24 hours. If we receive them on a non-Business Day (such as Saturday or Sunday), we will act on your instructions on the next Business Day. 5.5 Instructions to pay money from your account may not be cancelled once we have accepted them unless we agree to do so at our discretion. If we do agree, we may make a charge. 5.6 We can refuse to make any payment if you do not have enough cleared money on the account at the close of the Business Day before the payment is due to be made. In deciding whether you have enough money, we take account of any card and other payments which we have notice of but which have not yet been taken out of your account. 5.7 We can restrict at any time the amount which can be withdrawn from your account. We will only do this if: we reasonably believe that there may be fraudulent activity or other financial crime affecting the account; we are required to do so by any law, regulation or court order; there is a dispute (which we reasonably believe may be genuine) about the ownership of, or entitlement to, the money in the account; or circumstances beyond our reasonable control prevent us from offering a normal service (such as in the event of terrorist threat, computer systems failure or strikes). In the event of (d) above: we will act proportionately to the circumstances in question; we will take all reasonable steps to ensure that the restrictions are lifted as soon as practical and to minimise the inconvenience to you; we will, if practical, give advance notice; and we may consider exceptions to the restrictions if we are reasonably satisfied that substantial hardship would otherwise be caused. 5.8 We may use any credit balances in any currency on any account you have with us to reduce or repay any overdrawn balances or other amounts you owe us either in your own name or jointly with anyone else and if we do this we will tell you as soon as possible. 6. Interest 6.1 We will pay interest on the money in your account at the rate or rates from time to time applicable to your account as set out in the Special Conditions or the application form signed by you, or, where a paper application form is not required, the online application form submitted by you. 6.2 Interest will be calculated on a daily compound basis to achieve the advertised annual rate. This means that we will calculate interest on the amount which is in your account at the end of each day plus the amount of any interest which has accumulated but which has not yet been paid to you or added to your account. 6.3 Annual interest will be paid on each anniversary of the date on which your account was opened and monthly interest will be paid on the day in each calendar month numerically corresponding with the day on which your account was opened where your interest is paid into your account or another Egg account. If your interest is paid into an external account, if the interest payment date is a non-Business Day, interest will be paid on the next Business Day and, if there is no numerically corresponding day in any calendar month, the first Business Day of the following calendar month. You can tell us how you want interest to be paid. 6.4 Money paid into your account by cheque will start earning interest on the third Business Day after we receive the cheque (including the day of receipt if it is a Business Day). In the case of other payments, interest will accumulate from the Business Day on which we receive the funds. Money taken out of your account will earn interest to (but not including) the day of withdrawal. 6.5 If we take a payment out of your account under Condition 5.3 we will adjust the interest accordingly. 6.6 Interest will be paid net of income tax at the statutory rate currently 20%), unless you have registered as a non-taxpayer by properly completing and sending us the appropriate Inland Revenue form (which we will send you on request). If you are a non-taxpayer but you have not registered with us, you may be able to reclaim the tax from the Inland Revenue. We reserve the right to pay interest net of tax, even if you have registered as a non-taxpayer. 7. Charges 7.1 We do not generally make a charge for operating any accounts ("standard services"). In respect of certain internet based accounts we may make a charge for operating the account otherwise than through the internet or electronic payment systems or as set out in any Special Conditions. We may make a charge for any other services ("non-standard services") which we may make available to you from time to time on a discretionary basis or as set out in any Special Conditions. If you ask to use non-standard services, we will tell you the amount of our charges before we act on your instructions. 7.2 We may introduce charges for standard services and vary the amount of our charges for these and for non-standard services at any time, on not less than 30 days' prior notice and for any of the reasons mentioned in Condition 13. 7.3 We may take money out of your account to meet any charges that are due to us, but we will give you at least 14 days' prior notice before doing so for charges relating to standard services. 7.4 Other taxes or costs may exist that are not paid through us or imposed by us. 8. Statements 8.1 We will give you statements by post or internet showing the amount you have in each account and on some accounts you can tell us how often you want us to do this. Statements given through the internet will remain online for twelve months. Statements will show all amounts added to or taken from your account(s) since the previous statement. You must check your statement carefully. If you think there is something wrong you must tell us as soon as possible so that we can correct any mistakes. As a minimum we will provide statements annually. 8.2 We may put messages on your statements to tell you about changes to this agreement. 9. Our liability to you 9.1 If we do not carry out your instructions or do so late or incorrectly we will be liable for any resulting loss, injury or damage up to the lower of the amount of such loss, injury or damage and the amount of any interest you did not receive or had to pay as a result of our failure, delay or error. We will not be liable for any indirect losses or losses we could not have reasonably expected to occur. 9.2 We will not be liable to you if we do not act on your instructions for any reason set out in this agreement or if we cannot carry out our responsibilities to you because of something that we cannot reasonably control (this would include any machine failing to work and industrial disputes) or where it is your fault, for example failing to give us clear or prompt instructions. 10. Joint accounts 10.1 You can make an application to us jointly but we reserve the right to reject applications or to impose conditions in respect of joint holders. Where applications are made jointly: we can act upon instructions (by telephone, internet, other electronic means or in writing) given by any one of the joint applicants until any one of you tells us otherwise (in which case we will act only upon the written instructions of all the joint account holders). You should be aware that this means that one party to a joint account can withdraw the entire balance of the account. For certain accounts you will have the option of instructing us to act upon the written instructions of all the joint applicants; each joint applicant, both individually and together, is bound by this agreement and is responsible for any money which may be due to us; we will post all letters, statements and other material which relates to the account to the joint account holder who is named first in the application form. The other joint account holder will be bound by their contents. We may send information to a joint holder via the internet and the other will be bound by the information sent. 10.2 If one account holder on a joint account dies, the survivor may withdraw any account balance unless stated otherwise in the Special Conditions. 10.3 If we are told by one party that the parties to a joint account are in dispute, we will freeze the account. This means we will then only be able to act upon the written instructions of both joint account holders. 10.4 If the relationship between the joint account holders ends and you wish to close the account, either or both parties can tell us to do so. 10.5 We can send statements to each party to a joint account at different addresses, each time you request this. 10.6 Please also see the joint account provisions in 1.6, 5.8 and 12.3. 10.7.1 You agree that we can update our records using information given to us by any one of you about the other. 10.7.2 You understand that information about both of you will be linked by credit reference agencies on their records. 10.7.3 You agree that any one of you can give us consent, at any time in the future, for making credit reference and fraud checks on both of you, if you ask us to lend or increase our lending to you at any time. 11. Account Closure 11.1 Unless there are exceptional circumstances we can close your account at any time by giving you at least 30 days' notice in writing or, if relevant, at the end of any fixed interest period. 11.2 We may close your account immediately (even if it is for a fixed term) if at any time we reasonably think that: you are not eligible for the account in question; you have given us any false information in connection with the account (for example, in your application form); your account is being used or has been used illegally (by you or by someone else); you have been in serious or persistent breach of these conditions or the Special Conditions applying to your account; or cheques which you give us for the credit of your account will be returned unpaid. 11.3 You can close your account by telling us to do so. 11.4 If you are not happy about your choice of savings account (except for a fixed rate account or a guaranteed equity bond), let us know within 15 days of opening your account (i.e. 15 days from the date you sent us your online application), and we will close your account upon receipt of your request. We will give you all your money back with any interest earned on it up till the date of cancellation. The money will be returned to you via the channel of your choice, either by BACS to the nominated 3rd party account specified when the account was opened, or by transfer to another Egg Savings Account. If you want to cancel your account, then you should call us on 08451 233 233. You can also write to Egg Account Servicing, Point North, Waterfront West, Dudley, DY5 1LU, or you can send us a secure message from our website. Please ensure that you quote your account number on all documents. If you do not cancel your account, your account will remain open until the account is closed by either you or us as set out above. 11.5 Any benefit or service provided to you as a customer will end as soon as you cease to be a customer unless the terms of the particular benefit or service state otherwise. You must repay any money you owe us, including the amount of any payment instructions you have made which have not been taken out of your account (even if your account has been closed). If we close your account, your balance and any interest you have earned, will be returned to you via the channel of your choice, either by BACS to the nominated third party account specified when the account was opened, or by transfer to another Egg Savings Account. 12. Use and disclosure of Personal Information 12.1 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee. 12.2 We will hold and process your Personal Information by computer or otherwise and disclose it to other Group companies for them to use: in the management and operation of your accounts with us or them; for crime and fraud prevention, and debt recovery; for assessment and statistical analysis for our or their business; for the purposes set out in Condition 1.3 (Group companies will only do this if you have agreed that they can); and for considering any application you may make to us or them and for this purpose we may share your Personal Information with non-Egg divisions of Egg Banking plc. 12.3 We and other Group companies may disclose your Personal Information: to credit reference agencies, including full information about any accounts on which you owe us money; to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your Personal Information strictly confidential; to Linked Suppliers to the extent that they need your Personal Information to provide additional benefits or services to you; with your consent; if we are required or permitted to do so by law; if you are a joint applicant, to the other applicant; to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference and fraud prevention agencies when we consider your application. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We will also give details of how you manage your account to credit reference agencies. (We do not use credit reference agencies in connection with applications for, or the management of, savings products). The information that we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations access and use the information recorded with fraud prevention agencies to prevent fraud and money laundering, for example when checking details on applications for credit and credit related or other facilities, managing credit and credit related accounts or facilities, recovering debt, checking details on proposals and claims for all types of insurance and checking details of job applicants and employees. You can ask us for details of the fraud prevention agencies we use and can find out more about how credit reference agencies use information in the Frequently Asked Questions section on www.egg.com. The fraud prevention agencies' records can also be accessed and used by organisations in other countries. 12.4 We may transfer your Personal Information to a Group company, Linked Supplier or subcontractor or person acting as our agent in another country so long as they agree that your Personal Information will receive the same levels of protection as we are required to give it in the UK. You consent to having your personal data transferred by us, or others processing on our behalf or their agents, to regulators, authorities and law enforcement agencies in other countries (including countries outside the European Economic Area having less stringent data protection requirements than those within it) if the disclosure is required by the laws or regulatory rules of those countries. 12.5 You have the right of access to your personal records held by credit and fraud agencies. Please contact Egg if you would like details of the agencies we use. 13. Changes to Terms and Conditions 13.1 We can change the terms and conditions of our contract to make them fairer to you or more easily understandable, or to correct a mistake (provided that this correction would not adversely affect your rights), or to cover a development in, or the introduction of new products and services or to reflect a change in the law or any code of practice (or the way in which they are applied). We may also vary our charges and the rates of interest payable on your account for any of the following reasons: to reflect a change in market conditions or banking practice or the overall cost of providing our services to our customers; to reflect a change in the law or any code of practice (or the way in which they are applied); to reflect a change in technology; to cover a development or change in our services or in the facilities that we provide; to ensure the good management or competitiveness of our business; and for any other valid reason. 13.2 Apart from changes in the interest rate (which we may make immediately), we will give you at least 30 days' prior notice of any change or addition to the terms and conditions applicable to your account which is to your disadvantage. We will let you know of the change by letter, email, statement notice, or separate written notice. We will allow you to switch your account or close it without having to pay any extra charges or interest for doing so at any time up to 60 days from the date of the notice. We may make interest rate changes or any other changes to this Agreement which are not to your disadvantage immediately and will tell you about them within thirty days after the change. These changes will be so notified by statement notice, letter, by sending you an email, or separate written notice, and they will also appear on our website. If we have made a major change or a lot of minor changes in any one year we will give you a copy of the new terms and conditions or a summary of the changes. 13.3 Please telephone us or visit our internet site if you wish to check our current rates and charges. We will let you know of any change in the interest rate on your account or any change to the terms and conditions which are to your advantage within 30 days after the change. Changes in interest rate will be notified by letter, email, statement notice or other personal notice. Every year we will send you a summary of the accounts we operate and the current interest rate on them. Superseded accounts will be clearly marked. 14. General Information 14.1 These terms and conditions are governed by the law of England and Wales. We will always communicate with you in English. Any banking terms and conditions implied by law will also apply to this agreement. We will also comply with the provisions of the Banking Code. A copy of the Banking Code is available at www.bankingcode.org.uk. 14.2 You acknowledge that you are not a US person as defined (We define a 'U.S. person' as: a U.S. citizen; someone who holds a current valid green card; or a 'resident alien' (to see the full definition of 'resident alien' please go to the Internal Revenue Service (IRS) website http://www.irs.gov/taxtopics/tc851.html)). You agree to contact us immediately or at least no later than 30 days if you are or your status changes any time in the future to a US person. You agree to complete and return to us immediately any relevant US tax or waiver documentation that may apply to you from time to time. 15. Complaints 15.1 If you think that we have made an error on your account or that we have not delivered the standard of service that you expect, please let us know promptly so that we may investigate the circumstances as soon as possible. 15.2 If we are unable to resolve any complaint through our internal complaints procedure, you may take your complaint to the Financial Ombudsman Service. In order to contact the Financial Ombudsman or obtain details of the Financial Ombudsman Service, you should write to The Financial Ombudsman Service at South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0845 080 1800 email complaint.info@financial-ombudsman.org.uk website www.financial-ombudsman.org.uk Egg Banking plc Registered office: Citigroup Centre Canada Square London E14 5LB Registered number: 2999842 Contact address: Egg Pride Park Riverside Road Derby DE99 3GG 16. Financial Services Compensation Scheme Egg Banking plc is a member of the Financial Services Compensation Scheme which was established under the Financial Services and Markets Act 2000. In respect of deposits with a UK office, payments under the Scheme are limited to 100% of the first £35,000 of a depositor's total deposits with the bank. Most depositors, including individuals and small firms, are covered. The Scheme covers deposits made with the offices of the bank within the European Economic Area and deposits denominated in all currencies are treated alike. For more details of the Scheme, go to www.fscs.org.uk. In the case of a joint account, each joint owner is treated as having a claim for his share, and unless there is evidence about their respective shares, they will be regarded as entitled to an equal share. 17. Dormant Accounts 17.1 If you have not contacted us for three years or if you have not used your account for three years, we will make your account dormant. This means that your account will continue to earn any due interest and the money in your account will always stay your property. However to prevent fraud we will not write to you about your account or send you statements. 17.2 If you ask us we will tell you how you can re-activate a dormant account. However you will need to obtain a dormant account scheme leaflet and claim form from www.bba.org.uk or write to BBA Dormant Accounts, Pinners Hall, 105-108 Old Broad Street, London EC2N 1EX.