Club account

Terms and conditions

1.     Interpretation and definitions

In these terms and conditions:

1.1.       clause headings are for convenience;

1.2.       unless the context indicates a contrary intention:

1.2.1.       the singular includes the plural and vice versa;

1.2.2.       any gender includes the other genders;

1.2.3.       a natural person includes a juristic person and vice versa; and

1.2.4.       any number of days will be calculated by excluding the first and including the last day, or where the last day falls on a day that is not a business day, the next business day.

1.3.       Unless the context requires otherwise, the following words and expressions have the meanings set out hereunder:

2.     Use of the Club Account

2.1.       The Club Account is an interest-bearing savings account.

2.2.       The Club Account is available only to properly constituted clubs.

2.3.       You must supply us with the details of the signing arrangements (and any changes thereto) on the Club Account.

2.4.       You must conduct the Club Account in a manner acceptable to us.

2.5.       We reserve the right to monitor the use of the Club Account to ensure compliance with the Product Specifications.

2.6.       You may not cede, assign or otherwise encumber any of your rights or obligations in and to the Club Account (including the funds held in the Club Account) without our prior written consent, which consent may be subject to any terms and conditions stipulated by us at our sole discretion.

2.7.       If you no longer qualify for the Club Account, we have the right to move you to an account for which you do qualify.  We will let you know before we move to another account and the terms and conditions and Fees for that account will then apply.

3.     Deposits

3.1.       Subject to the Product Specifications, there is no limit to the number and size of deposits that can be made on the Club Account after the opening deposit has been made.

3.2.       If illegal money (counterfeit banknotes or any other purported banknotes not accepted as legal tender in South Africa) or defective notes (dye-stained or mutilated banknotes where the serial number is illegible or defaced) are deposited into the Club Account, the bank reserves the right to reverse any value given to you for such dye-stained notes.

4.     Withdrawals

Funds will be available on demand, subject to:

4.1.       withdrawal limits at teller terminals;

4.2.       minimum-balance requirements; and

4.3.       product-specific withdrawal limitations.

5.     Account overdrawn

You are not entitled to overdraw the Club Account.

6.     Freezing, suspension, modification, restriction and termination

6.1.       You may terminate this Agreement at any time without giving us notice.

6.2.       We may freeze, suspend, modify or restrict the Club Account or terminate this Agreement immediately at any time without prior notice to you due to, including but not limited to the following circumstances: 

6.2.1.       Our being compelled to do so by law.

6.2.2.       Our having reasonable suspicion that the Club Account is being used for illegal or unlawful or fraudulent purposes.

6.2.3.       Your conduct resulting in a breach of our regulatory obligations. 

6.3.       We will give you reasonable notice if we want to freeze or suspend, modify or restrict the Club Account or terminate this Agreement due to, including but not limited to the following circumstances, as determined at our sole discretion:

6.3.1.       Our being compelled to do so by law.

6.3.2.       Reputational risks or operational or business reasons.

6.3.3.       Your no longer qualifying for the Club Account according to the Product Specifications.

6.3.4.       Your breaching this Agreement.

6.3.5.       Your breaching any other agreement with us.

6.4.       We must comply with local and international laws, regulations, policies and requirements with regard to anti-money-laundering, counter-terrorist financing and sanctions. We may therefore continuously screen, verify, process and monitor all your and any related information, instructions and transactions effected by you and/or on your behalf. This may also result in your transactions or your use of the Club Account being prohibited, delayed, withheld, limited, declined or conditionally approved, your funds being confiscated and/or our relationship being terminated.

6.5.       If the Club Account is frozen, suspended, modified or terminated, you will need to make alternative arrangements for any monthly debit and stop orders on the Club Account.

7.     Product withdrawal/discontinuation

7.1.       If it becomes uneconomical or commercially impractical for us to provide the product or service offered in terms of this Agreement or we are unable to continue to provide the product or service, for whatever reason, we may terminate the product or service on reasonable notice to you.

7.2.       We will give you information of comparable products.

7.3.       If you do not select an alternative product or service, we will be entitled to move you to a product or service that we identify as suitable for your needs.

8.     Privacy consent

8.1.       Subject to applicable laws, regulations and our privacy policies, you give us permission to process your personal information as we see fit for both your and our legitimate interest. This includes your race, biometrics and alleged criminal behaviour (if necessary)

8.2.       You consent to us accessing your credit bureau data, obtaining your bank statements from your bank, sharing your information with third parties sharing information about your application with third parties, collecting your personal information from third parties, sharing information about your application with the Southern African Fraud Prevention Services and processing your personal information outside South Africa.

8.3.       Processing includes doing affordability assessments, credit scorings and profile building that may help us offer you a product or service that will suit your needs. You may ask for a description of your personal information that we have on record and for the details of third parties who have, or having had, access to your personal information.

8.4.       You may withdraw your consent by notifying us in writing. You may also ask that we correct or delete your information, object to us having had your information, and send a complaint to the Information Regulator.

9.     Interest

9.1.       Subject to the Product Specifications, interest will accrue to the balance in the Club Account if the Club Account has an end-of-day credit balance.

9.2.       No debit interest will accrue to the Club Account if the end-of-day balance is a debit balance.

9.3.       Where applicable, interest will be calculated on the end-of-day balance and will accrue and be capitalised every month.

9.4.       Interest rates on credit balances will be tiered, which means the greater the balance, the higher the rate.

9.5.       The current rates of interest are available on request at any or our branches, at NCC or at www.nedbank.co.za.

9.6.       We are entitled to change the interest rate.

10.   Fees and taxes

10.1.     We will charge Fees in accordance with the prevailing Pricing Schedule, or as agreed with you. Such Fees will be debited in accordance with the prevailing Product Specifications.

10.2.     The Pricing Schedule that contains information regarding the Fees, is available at any branch or at www.nedbank.co.za.

10.3.     You confirm that you have read and understood the Fees for your Account.

10.4.     You must pay all Fees when due to us.

10.5.     We are entitled, at our reasonable discretion to vary any Fees, or the items attracting Fees.

10.6.     We will give you reasonable notification before Fees or items that attract Fees change.

10.7.     Fees that attract value-added tax will include value-added tax, which will be indicated on your Account statement.

10.8.     Interest at the interest rate applicable to this Agreement from time to time will be charged in respect of any Fees not paid on or before the due date for payment thereof and this will not prejudice, restrict or in any manner detract from our rights pursuant to an act of default.

10.9.     In addition all amounts that we may pay or incur pursuant to this Agreement due to your default, including any amount actually disbursed by us, either when collecting any payment owing by you or when exercising any of our rights arising from any breach of your obligations in terms of this Agreement, as well as legal costs on the attorney-and-client scale (including tracing fees and any collection commission), will be payable by you to us on demand.

10.10.   All applicable government levies in respect of the use of the Account will be debited to your Account monthly and paid over to the relevant government body.

11.   Income tax certificates

11.1.     After February each year, we will generate:

11.1.1.     an IT3(b) certificate only if the amount of interest earned on the Club Account is equal to or more than the minimum amount prescribed by SARS from time to time; and

11.1.2.     an IT3(s) income tax certificate where applicable.

11.2.     These certificates will be made available to you on request once they have been generated.

11.3.     The certificates indicate the amount of interest accrued and interest paid in the particular tax year, irrespective of whether the interest is paid out in the same tax year.

11.4.     These certificates will be sent to SARS regardless of whether the interest paid or earned is equal to or more than the minimum amount of interest prescribed by SARS from time to time.

12.   Statements

12.1.     We will, at our discretion, make regular statements relating to your Club Account available to you, subject to relevant Product Specifications.

12.2.     You elect to receive electronic statements.

12.3.     At our sole discretion an additional cost may be levied against your Club Account for paper-based statements, whether posted or obtained at any branch or through any self-service or digital channel.

12.4.     It is your responsibility to check your Club Account regularly and report any discrepancies to us within 30 days of the date of your detection of the discrepancy.

12.5.     If there is a dispute regarding the items appearing on the statement, our records will be prima facie (on the face of it) proof.

13.   Digital Interaction

13.1.     You accept all risks of Digital Interaction with us. These risks include the following:

13.1.1.     It may not be the safest way to give us instructions, as Digital Interaction may be tampered with before, during or after transmission and can be manipulated fraudulently.

13.1.2.     Receipt or execution of Digital Interaction may be delayed because Systems and Devices failed, malfunctioned or were unavailable.

13.1.3.     Digital Interaction may be illegible or inaudible, which may lead to instructions not being executed as intended.

13.1.4.     We cannot verify email addresses, fax numbers and signatures.

13.1.5.     We cannot establish the identity or designation of the sender of the Digital Interaction.

13.1.6.     We may not be able to confirm receipt of Digital Interaction instructions.

13.2.     You must make sure that your Systems and Devices can communicate with ours. You must meet our specifications for the installation and configuration of your Systems and Devices.

13.3.     You must do whatever is necessary to access and use your Account. This includes maintaining software licences, paying licence fees and getting the necessary telecommunications lines, hardware, software and consumable materials (and any updates or upgrades).

13.4.     You must adhere to our operating, maintenance and security requirements and procedures (including encryption standards) and make sure that there are no destructive programs, for example viruses, worms and spyware, on your Systems and Devices.

13.5.     You must make sure of the integrity, safekeeping and confidentiality of all communication lines, data, confidential information, Systems and Devices and Authentication Mechanisms.

14.   Address for notices

14.1.     For all purposes under this Agreement, the Parties choose the following addresses as their respective domicilia citandi et executandi:

Us:      Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton; and

You:    the las t known physical address supplied by you.

14.2.     Any legal notice to be served on any Party may be served at the address specified for such Party in this clause.

14.3.     Legal notices will be valid and effective only if given in writing and delivered by hand or prepaid registered post.

14.4.     If delivered by hand, the notice will be deemed to have been received on the date of delivery, provided it was delivered to a responsible person during ordinary business hours.

14.5.     If delivered by prepaid registered post, the notice will be deemed to have been received within seven days of the posting date, unless the contrary is proved.

14.6.     Notwithstanding anything to the contrary in this clause, a written notice or other communication actually received by any Party will be adequate written notice or communication to such Party even if the notice was not sent to or delivered at the Party's chosen address.

14.7.     A Party may by written notice to the other Party change its address for the purpose of this clause to any other address (other than a post office box number), provided that the change will become effective on the seventh business day after receipt of the notice.

14.8.     It is your responsibility to ensure that we are kept informed of any changes to your personal information, including address and contact details.

15.   Liability

Except where damage or loss arises directly or indirectly from our wilful misconduct or gross negligence (or any person acting for or controlled by us), we are not liable to you for any damage or loss that you may suffer because of:

15.1.     any person gaining unauthorised access to any information or data;

15.2.     incorrect information is given to any person, including any credit bureau;

15.3.     any action taken in terms of clauses 6 or 7;

15.4.     your using Digital Interaction to communicate with us and any of the associated risks explained above; and

15.5.     a delay, failure or malfunction of any ATM, SSK or other device (electronic or manual) or digital channel that you use to carry out transactions on the Club Account.

16.   Jurisdiction

At our option, any claim arising hereunder may be recovered in any magistrate’s court having jurisdiction, irrespective of the amount of the claim, and you hereby consent to the jurisdiction of that court.

17.   Dormant accounts

17.1.     We are still entitled to charge Fees on a Dormant Account.

17.2.     Once a Club Account is dormant, you will be able to perform only credit transactions on the account and not debit transactions.

17.3.     To lift the dormant status on the Club Account, you will have to contact the NCC.

17.4.     We may, after notification to you, at our sole discretion close a Club Account that has been dormant for such a period as we may determine from time to time.

17.5.     We will give you 60 days' notice that the Dormant Account will be closed.

17.6.     Once the Dormant Account has been closed, no interest will accrue to the Club Account.

17.7.     Should you wish to claim any credit balance from a closed Dormant Account, you will have to call the NCC or any of our branches for guidance on the process to be followed.

18.   General terms

18.1.     Before opening a Club Account, we are entitled to satisfy ourselves of your suitability as an accountholder.

18.2.     We are entitled to refuse to open a Club Account or accept a deposit.

18.3.     You agree that we may combine any or all accounts you may have with us, without notifying you thereof. However, if we combine only some of these accounts, we will still have the right to claim from you any amount in respect of an account that is not part of the combined accounts.

18.4.     The Agreement constitutes the whole agreement between the Parties in connection with the Club Account.

18.5.     We may amend the Agreement and we will give you notice of any such amendments.

18.6.     Any latitude, indulgence or extension of time granted by us to you will not constitute a novation or waiver of our rights in terms of the Agreement. The failure by any Party to enforce any provision of this Agreement will not in any way affect that Party's right to require performance of the provision at any time in the future.

18.7.     Any amendment of the Agreement will not constitute a novation of the Agreement or of any of your previous obligations to us.

18.8.     Should any competent court find any provision of this Agreement defective or unenforceable, the remaining provisions of this Agreement will continue to be of full force and effect.

18.9.     The Agreement will be governed in accordance with the laws of the Republic of South Africa.

19.   Alternative dispute resolution

19.1.     We have a complaint process that is available through the NCC, any Nedbank branch or at www.nedbank.co.za.

19.2.     If you have a dispute or a complaint regarding the Club Account, you will need to send us a written statement setting out the dispute or the complaint. We undertake to investigate the dispute or complaint within a reasonable time; keep you informed during the investigation and provide you with a final written response.

19.3.     Should you not be satisfied with the response referred to above, you have the right to contact the Ombud for Banking Services and/or the Financial Sector Conduct Authority and/or the National Consumer Tribunal using the details below:

20.   Acknowledgement

20.1.     You warrant that you have fully and truthfully answered all questions and responded to requests for information by us relating to this Agreement.

20.2.     You confirm that you understand and appreciate the risks and costs inherent in this Agreement, as well as your rights and obligations under this Agreement.