Firmus Microfinance Bank
Corporate Account Opening
Fill the form below to open a corporate account
EMAIL AND WHATSAPP INDEMNITY
I hereby request that FirmusCapital Limited (“Firmus”) or Firmus Retail Services Limited (“FirmusRSL”) or Firmus Microfinance Bank (“Firmus MFB”) a body corporate duly incorporated under the Companies and Allied MattersAct, CAP C 20 LFN 2004 (hereinafter “Firmus”) should act on all instructions transmitted via e-mail address or WhatsApp by me using the above email and phone number only.
Firmus is prepared to act upon these instructions received via the above e-mail address or WhatsApp stated above subject to the Customer providing the indemnity in the form herein below:
- I shall furnish Firmus with an e-mail address and phone number from which Firmus can accept instructions and confirm these instructions. I shall be entitled to amend the aforementioned e-mail or phone number by written instructions duly executed per the authorized mandate vide the existing email or phone number in Firmus records.
- I irrevocably authorize Firmus to make any payments and comply with all instructions contained in such email or WhatsApp chat, without any reference to or further authority from me and without enquiry into the justification or validity thereof and agree that Firmus may assume the authenticity thereof and that any payment which Firmus shall make or instructions which Firmus may comply in accordance or purporting to be in accordance with such email or WhatsApp instructions shall be binding upon me and shall be accepted by me as conclusive evidence that Firmus was liable to make such payment or comply with such demand.
- It is not possible for Firmus to check the authenticity of all emails or WhatsApp chats and instructions that claim to come from the customer.
- All emails or WhatsApp chats which claim to come from mewill be treated as having been given by me inthe form actually received by Firmus. The claimed instructions may as a result of the malfunction of equipment, the distortion of communication links and the like, be different to that intended or sent, I shall nevertheless be bound by it.
- I confirm that Firmus will not be liable for any loss incurred by me as a result of Firmus acting or declining to act (wholly or in part) on instruction which Firmus believes to have been given in conformity with the above, whether or not such instructions have been so given. The fact that any instruction may later be shown to bein any way false, incomplete, inaccurate delayed, erroneous, unauthorized or otherwise not authentic should not be an impediment to the rights of Firmus hereunder.
- Firmus may but is not obliged to act on any instruction that claims to come from the Customer;
- I agree to indemnify Firmus and keep you indemnified against all actions, proceedings, claims, losses, liabilities, damages, cost and expenses in relation to and arising out of any of your acts or to act in accordance with such email or WhatsApp chat and to pay or reimburse Firmus on demand and in the currency in which the same shall have been made, suffered or incurred by Firmus there under or in consequence thereof arising thereout and I irrevocably authorize Firmus (without prejudice to any other rights that Firmus may have) to debit my account or any of my accounts with you all such payments, losses, costs and expenses whether such account or accounts is or are over drawn by reason of any such debit.
- I hereby confirm that Firmus shall not be liable to me or any other person where:
- I have entered incorrect details and the payment is made to the wrong recipient;
- I have exceeded transactional limits for transactions or I am acting outside of the authorized mandate;
- My emails or WhatsApp chat are not received by Firmus from the above address or phone number
- My hardware, software or internet provider’s service is not functioning properly
- The transaction is suspicious fraudulent resulting in losses to the third party
- The transaction details received do not contain the correct information;
- My receipt of funds is intercepted by legal process or other encumbrance restricting transfer;
- Unforeseen circumstances prevent the execution of a request by Firmus despite any reasonable precautions taken by Firmus. Such circumstances may include but are not limited to acts of God, power outages, fire, flood, theft, equipment breakdowns, internal mechanical malfunction or Firmus system delays or failure. This Agreement shall be governed by and construed in accordance with the Laws of the Federation of Nigeria.
- I hereby agree to adhere to the procedures or restrictions imposed by Firmus with regards to the issuance of email or WhatsApp instructions to Firmus.
TERMS AND CONDITIONS
I hereby agree to the following terms and conditions under this Agreement
1. This agreement is a service agreement, which applies to communications (defined below).
1.2 The customer will provide to Access Bank Plc all documents and other information reasonably required by it connection with this agreement. Authorized Signatory & Date Authorized
2.1. FirmusMFB, relies on the authority of each person designated (in a form acceptable to FirmusMFB by the customer to end communications or do any other thing until FirmusMFB has received written notice or other notice acceptable to it of any change from a duly authorized person and FirmusMFB has had a reasonable time to act (after which time it may rely on the change).
3.1 Each of the Customer and FirmusMFB will comply with certain agreed security procedures (the “procedures”), designed to verify the origination of communications between them such as enquiries, advices and instructions (each a “communication”)
3.2 FirmusMFB is not obliged to do anything other than what is contained in the procedures to establish the authority or identify of the person sending a communication. FirmusMFB is not responsible for errors or omissions made by the customer or the duplication of any communication by the customer and may act on any communication by reference to an account number only, even if an account name is not provided. FirmusMFB may act on a communication if it reasonably believes it contains sufficient information
3.3 FirmusMFB may decide not to act on a communication where it reasonably doubts its contents, authorization, origination or compliance with the procedures and will promptly notify the customer (by telephone if appropriate) of its decision.
3.4 If the customer informs FirmusMFB that he/she wishes to recall, cancel or amend a communication, FirmusMFB will use its reasonable efforts to comply.
3.5 If FirmusMFB acts on any communication sent by any means requiring manual intervention (such as telephone, telex, electronic mail or disk sent by messenger) then, if FirmusMFB complies with the procedures, the customers will be responsible for any loss FirmusMFB may incur connection with that communication
4.1 The customer will notify FirmusMFB in writing of anything incorrect in a statement promptly and in any case within thirty (30) days from the date on which the statement or advice is sent to the customer.
5.1 FirmusMFB will act in a good faith and with reasonable care, as determined in accordance with the standards and practices of the banking industry, and may use any communications, clearing or payment system, intermediary bank or other entity (each a “system”) it reasonably selects; FirmusMFB’s performance is subject to the rules and regulations at any time of any system
5.2 Neither the customer nor FirmusMFB shall have any liability or any indirect, incidental or consequential loss or damages (including loss or profit), even if advised of the possibility of such loss or damages.
5.3 Neither the customer nor FirmusMFB will be responsible for any failure to perform any of its obligations under this agreement if such performance would result in being in breach of any law, regulation or other requirement of any governmental or other authority in accordance with which it is required to act or if its performance is prevented, hindered or delayed by a force Majeure Event; in such case its obligation shall be suspended for so long as the Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of the relevant party, such as restrictions on convertibility of transferability, requisitions, involuntary transfers, unavailability of any system, sabotage, fire, flood, explosions, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war acts of government.
6. Customer Information
6.1 FirmusMFB will treat information relating to the customer as confidential, but (unless consent is prohibited by law) the customer consents to the transfer and disclosure by FirmusMFB of any information relating to the customer to and between the branches, subsidiaries, representatives offices, affiliates and agents of FirmusMFB and third parties selected by any of them, wherever situated, for confidential use (including in connection with the provision of any service or product and for data [processing, statistical and risk analysis purposes). FirmusMFB and any branch, subsidiary, representative office, affiliates agent or third party may transfer and disclose any such information as required by any law, court, regulator or legal process.
7.1 The customer or FirmusMFB may terminate this agreement on reasonable notice (taking into account any communications and any service or product affected).
8.1 Neither the customer nor FirmusMFB may assign or transfer any of its right or obligations under this agreement without the other’s written consent, which will not be unreasonably withheld or delayed, provided that FirmusMFB may take such an assignment or transfer to a branch, subsidiary or affiliate if it does not materially affect the provision of services to the customer.
8.2 If any provision of this agreement is or becomes illegal, invalid or unenforceable under any applicable law, the remaining provision of this agreement will remain in full force and effect (as will that provision under any other law).
8.3 No failure or delay of the customer or FirmusMFB in exercising any right or remedy under this agreement will constitute a waiver of that right. Any waiver of any right will be limited to the specific instance.
8.4 The customer and FirmusMFB consent to the telephonic or electronic monitoring or recording for security and quality of service purposes and agree that either may produce telephonic or electronic recordings or computer records as evidence in any proceedings brought in connection with this agreement
8.5 Written notice shall be effective if delivered to the party’s address specified below (or at any other address it may provide by written notice for this purpose). Notices shall be English unless otherwise agreed.
9. Disclosure of Information
9.1 If a fraudulent activity is associated with the operation of your account, you agree that we have the right to apply restrictions to your account and report to appropriate law enforcement agencies’.
CAUTION: FirmusMFB SHALL NOT BE LEGALLY OR OTHERWISE RESPONSIBLE WHERE A CUSTOMER’S USERNAME AND PASSWORD KNOWN ONLY TO THE CUSTOMER IS ACCURATELY PROVIDED BY ANY OTHER PERSON APART FROM THE CUSTOMER FOR ANY TRANSACTIONS AS FirmusMFB MAY ACT ON SUCH COMMUNICATION WHERE IT REASONABLY CONTAINS SUFFICIENT INFORMATION
BELIEVED TO HAVE EMANATED FROM THE CUSTOMER.