SEPA Direct Debit Creditor Service
Contents
1. Rejects And Returns You shall effect all rejects and returns in relation to Your Collections presented through Us in accordance with the relevant Rulebook If We are required to Thal return to the Debtor s account any amount debited by Us pursuant to the SEPA direct debit Service or 7 2 2 indemnify any Debtor for any damage suffered owing to incorrect debits We shall credit the Debtor s account accordingly and You will pay Us on demand and We may without prior notice debit Your account s with Us for an amount equal to the returned or indemnified amount together with any related interest all third party charges We may incur in connection with such payment any clearing charges and reasonable costs Cancellation Of SEPA Direct Debit Mandates You will notify Us of the cancellation of any SEPA Direct Debit Mandate immediately upon such cancellation and You will not transmit any Direct Debit Instructions to Us based on a cancelled SEPA Direct Debit Mandate If You do not present a Collection under a SEPA Direct Debit Mandate for a period of 36 months starting from the date of the latest Collection presented even if rejected returned or refunded You shall cancel the SEPA Direct Debit Mandate and will no longer initiate Collections based on this cancelled SEPA Direct Debit Mandate If there is a further requirement for a direct debit You shall establish a new SEPA Direct Debit Mandate Processing We accept no liability for2. to pre notify each Debtor of the amount and due date of the collection of its debt in accordance with the terms of the relevant SEPA Direct Debit Mandate to initiate Collections with Us in accordance with the time frame and other technical requirements set out in these Terms and the relevant Rulebook to obtain and use a Creditor Identifier when effecting direct debits under these Terms that upon obtaining each SEPA Direct Debit Mandate You will verify that each SEPA Direct Debit Mandate is correctly and fully completed duly authorised within the Debtor s capacity and unconditional to collect process and de materialise and store data relating to SEPA Direct Debit Mandates in accordance with the requirements of the relevant Rulebook 44 after cancellation of a SEPA Direct Debit Mandate to store the SEPA Direct Debit Mandate according to the applicable national legal requirements and in respect of a SEPA Direct Debit Mandate under the Core Scheme for as long as may be required for a Debtor to obtain a refund for an unauthorised transaction under the Core Scheme Rulebook 46 45 that within one Business Day of request by Us You shall provide Us with information relating to a specific SEPA Direct Debit Mandate and any Collections made pursuant to the Service and a copy of the relevant SEPA 47 Direct Debit Mandate in such form as we may request that You are responsible and liable for the amendment of the SEPA Direct
3. Debit Mandate characteristics should one or more of these characteristics 48 change during the lifetime of the SEPA Direct Debit Mandate at Our request to complete any forms and provide all information that in Our reasonable opinion are necessary for Us to provide or You to receive the Service in respect of the B2B Scheme only to ensure that each Debtor qualifies to participate as a Debtor in the B2B Scheme and that none can be classified as consumers under applicable law to comply with any User Guides to the extent applicable to You as a Creditor under the Core Scheme or the B2B Scheme and to the extent that they apply to the technical functionality which We may offer from time to time in the provision of the Service and that You will not send to us any Direct Debit Instructions on the basis of any SEPA Direct Debit Mandate in respect of which You have not complied with Your obligations under sub paragraphs 4 1 1 4 1 14 of this clause 4 Once You obtain a SEPA Direct Debit Mandate You shall immediately inform the Debtor of the Debtor s rights and obligations under the relevant Rulebook 49 namely that 4 2 1 it is free to accept or reject Collections 5 4 2 2 it can set limits on the validity period of the SEPA Direct Debit Mandate and 5 1 the maximum collection amount allowed 4 2 3 it may at any time cancel the SEPA Direct Debit Mandate at its bank 52 4 2 4 it may agree with You as to the advance notice to be g
4. You submit to Us a Collection too late to allow Us to comply with the timescales required by the relevant Rulebook You a agree that the due date of that Collection will be automatically replaced by the earliest possible date thereafter and b confirm that You have explained this to the Debtor and have agreed this change to the due date with the Debtor in accordance with the requirements of clause 4 2 4 above You confirm that you have read and understood the Rulebook s applicable to you as a Creditor under one or both of the Core Scheme and or the B2B Scheme Transmission Of Direct Debit Instructions When You transmit any Direct Debit Instruction to Us You shall provide Us with the SEPA Direct Debit Mandate Information You will only transmit to Us Direct Debit Instructions which 5 2 1 are based ona bank account held at a bank which is a participant in the Core Scheme or B2B Scheme as applicable of which the Debtor expressly declares itself to be holder and has the necessary power and capacity to operate and 5 2 2 donot aggregate various Collections in the same SEPA Direct Debit Mandate unless the Debtor has expressly consented to aggregation Page 2 of 4 13335 1114 Terms and Conditions continued 6 yal 6 2 6 3 6 4 6 5 Teil We 8 2 32 38 Refunds In respect of Collections presented under the Core Scheme You shall comply with the requirements applicable to Creditors in the Core
5. fires explosions or other catastrophes or natural disasters Our compliance with any law governmental order rule regulation direction or obligations under either of the Rulebooks or failure of equipment software or communications networks or other circumstances affecting the supply of goods or services Page 3 of 4 13335 1114 Terms and Conditions continued 12 Data Protection 12 1 You shall at all times comply with the Data Protection Act 1998 the DPA and any other applicable regulations or legislation and in particular with the data protection principles set out in the DPA g Any action is taken in any jurisdiction which is similar or analogous to any of the events set out in this clause 16 2 2 or h You experience a material adverse change in Your ability to perform Your obligations under these Terms 12 2 Where personal data is provided or disclosed by You to Us You will ensure that all 16 3 Notwithstanding any termination We may i continue to process annulments which necessary consents have been obtained from and or all necessary information has are validly communicated by Debtors pertaining to debit instructions carried out been provided to the persons to whom those data relate allowing Us and Our data and ii debit Your account with Us for and You will pay to Us on demand and without processors to receive such personal data and to use and process in order to undue delay any sums required to be retu
6. using or continuing to access or use the service Liability You are fully and solely liable for the gathering maintenance validity existence and activation of SEPA Direct Debit Mandates and for their conformity with the Debtor s identity details and bank details You will immediately clarify any doubts which We may have regarding the bank details pertaining to any SEPA Direct Debit Mandate and You will immediately contact Us in order to clarify any doubts You may have in that connection and You will not use the SEPA Direct Debit Mandate until such doubts have been fully cleared You are also solely liable i for the completeness of the information detailed in files sent to Us and for conformity with the agreements entered into with Debtors and with these Terms and ii for the Direct Debit Instructions contained in those files We are not liable for revising the information contained in files which We receive We shall not be liable for any rejection of Direct Debit Instructions by any clearing and settlement mechanism or any bank at which a Debtor Account is held We shall not be liable for the origin and destination of funds nor for the content of Direct Debit Instructions transmitted by You and You shall have sole liability for the same We shall have no liability to You under or in connection with these Terms or in Our provision of the Service other than for direct losses to You and then only if caused by Our negligence o
7. If any clearing and settlement mechanism refuses to process any Direct Debit Instructions for any reason and We have credited Your account then We may without prior notice reverse the credit entry together with related interest and costs including any third party charges Secure Access To The SEPA DD Lloyds Bank Euro Service for Creditors The PKI Customer Agreement sets out the conditions by which You may issue User Instructions using the Digital Identification Service Corporate Administrators and Corporate Contacts must also qualify and be appointed as Authorised Users for the purposes of the PKI Customer Agreement The PKI Customer Agreement outlines important provisions concerning the Security Procedures and Security Information as defined in the PKI Customer Agreement To ensure that the SEPA Direct Debit Lloyds Bank Euro Service for Creditors is not accessible by unauthorised persons it is essential that the Security Procedures set out in the PKI Customer Agreement are complied with at all times You must comply and must ensure that all Your Corporate Administrators and Corporate Contacts comply with the PKI Customer Agreement and all applicable terms and conditions including these Terms Where additional or updated terms and conditions may apply to the access and use by You of the Digital Identification Service we shall notify these to you as applicable in writing and you shall be required to accept these prior to accessing and
8. Rulebook to use the Core Scheme and or the B2B Scheme as applicable In addition You must also meet any eligibility requirements We set as notified to You from time to time but which may include credit turnover and financial status based requirements to be able to use the Service Where You do not meet these eligibility requirements You will not be able to use the Service You request and authorise Us to rely upon and act on any instruction for the Collection of direct debits from Debtors each a Direct Debit Instruction and to take steps in connection with or in reliance on these instructions as We may consider appropriate In the event that the provisions of these Terms are inconsistent or conflict with either or both of the Rulebooks the provisions of the Rulebook s will prevail Page 1 of 4 13335 1114 pe Terms and Conditions continued 4 Your Undertakings 4 1 You undertake to Us 4 2 4 1 1 4 1 3 4 1 10 4 1 11 4 1 12 4 1 13 4 1 14 4 1 15 to comply with the Core Scheme Rules or the B2B Scheme Rules as applicable relating to Creditors to comply with the terms of SEPA Direct Debit Mandates agreed with Your Debtors to use a form of SEPA Direct Debit Mandate which complies with the Rulebook and to ensure that each SEPA Direct Debit Mandate document contains the mandatory legal wording and mandatory information required under the Core Scheme Rules or the B2B Scheme Rules as applicable
9. Scheme Rulebook relating to refunds You must contact the Debtor to handle the claim If We forward to You a request for a refund in respect of an unauthorised transaction received from a Debtor s bank in accordance with the Core Scheme Rules You shall investigate the request and take one of the following actions 6 2 1 accept the refund claim or 6 2 2 dispute the claim in which case a copy of the SEPA Direct Debit Mandate must be provided to Us if this has been requested by the Debtor s bank f You dispute a refund claim You shall provide Us with sufficient information to enable Us to provide information to the Debtor s bank as set out in the Core Scheme Rules nrespect of any refund claim under the Payment Services Regulations You shall provide us with sufficient information and any other assistance to enable us to discharge our obligations under those Regulations f We are obliged to refund the Debtor s account any amount debited by Us pursuant o the Service for example for a reason relating to compliance with the Rulebooks or an incorrect or unauthorised Direct Debit Instruction provided to Us by You We shall refund the Debtor s account accordingly and You will pay Us on demand and We may without prior notice debit Your account s with Us for an amount equal to the refunded amount together with any related interest all third party charges We may incur in connection with such refund any clearing charges and reasonable costs
10. Terms and Conditions for SEPA Direct Debit Creditor Service For Lloyds Commercial Banking SME customers only 1 LLOYDS BANK These Terms and Conditions are only applicable to Lloyds Commercial Banking clients with a turnover of 2 5M to 25M Terms and Conditions Definitions Account means any and each Business Current Account held by you with us in relation to which you have issued a SEPA Direct Debit Mandate Account Terms means any and each agreement governing the provision by Us to You of an Account Applicable Regulations means the rules of the Financial Conduct Authority or any other rules of a relevant regulatory authority as amended from time to time the Financial Services and Markets Act 2000 the Payment Services Regulations the Money Laundering Regulations 1993 and all other applicable laws rules and regulations as in force from time to time in relation to the Service B2B Scheme means the SEPA Business to Business Direct Debit Scheme B2B Scheme Rulebook means the SEPA Business to Business Scheme Rulebook as amended from time to time by the European Payments Council B2B Scheme Rules means the rights and obligations set out in the B2B Scheme Rulebook which shall apply to You and Us in connection with these Terms as applicable Business means the entity which has completed the application form relating to the Account Collection means a payment transaction initiated by You under which an amount
11. U aul SR IO with You months written notice 15 Contacting Each Other 18 2 Subject to clause 18 3 We may change any provision of these Terms by giving You at least two 2 months written notice You will be deemed to have accepted any 15 1 We may contact You by post telephone and electronically using the last details You such change if you do not notify Us in writing to the contrary before any such change supplied Us comes into effect To notify Us that You do not accept any change You must write to 15 2 Youcancontact Us Us at Lloyds Bank Euro Services P O Box 72 Bailey Drive Gillingham Kent ME8 OLS On receipt of Your notice rejecting the change Our notice of the change shall be deemed by emailing the Lloyds Bank SEPA DD Helpdesk GRPSEPADD Lloydsbank co uk to be notice of termination given under clause 18 1 and these Terms will terminate the by calling the Lloyds Bank SEPA DD Helpdesk team on 0845 604 7380 or day before any change comes into effect except these Terms shall continue in force 441733 231271 for calls from outside the UK or in respect of any obligation by You to pay Us outstanding amounts due at the time of A in writing to SEPA DD Helpdesk RO Box 72 Bailey Drive Gillingham Kent seoninaoriand in respect of any liabilities for which You remain eae including MER OLS those described at clause 16 3 and 16 4 Other than any of Your outstanding payment obligations and liabilities as described in this clause 18 2 no e
12. cides to use another account at another bank or at the same bank You shall be responsible and liable for any amendment You make to the SEPA Direct Debit Mandate characteristics should one or more of these characteristics change during the lifetime of the SEPA Direct Debit Mandate If Your identity changes for example because of merger or acquisition You shall ensure that Your successor informs the Debtor of the related SEPA Direct Debit Mandate amendments You must issue a direct debit respecting the time cycle of the first direct debit when the cause of the amendmentis that the Debtor decides to use another account in another bank If We issue any guidance applicable to You issued under the relevant Rulebook or if We issue any guidance to You related to risk mitigation such guidance will be binding on You You may only initiate Collections after receiving the signed SEPA Direct Debit Mandate from the Debtor You shall initiate Collections in accordance with the timing requirements set out in the relevant Rulebook including 4 8 1 sending apre notification to the Debtor at the latest 14 calendar days before the due date of the Collection unless otherwise agreed between You and the Debtor and 4 8 2 sending the Collection to Us after the pre notification is sent to the Debtor but not earlier than 14 calendar days before the due date of the Collection unless otherwise agreed between You and Us and 4 8 3 if for any reason
13. eans the written expression of consent and authorisation given by the Debtor to You to allow You to initiate Collections for debiting the specified Debtor s account in respect of which instruction You transmit Direct Debit Instruction s in accordance with these Terms SEPA Direct Debit Mandate Information means in respect of each SEPA Direct Debit Mandate the mandatory set of information which the Rulebook requires You as a Creditor to provide to Us as creditor bank under the Rulebook s Business Requirements for Datasets Bal 22 23 SHIL oe Payment Services Regulations means the Payment Services Regulations 2009 S I 209 as amended or replaced from time to time PKI Customer Agreement means an agreement between You and Us relating to the access and use by You of the Digital Identification Service a copy of which can be found at www lloydsbankcommercial com corporate terms lloydsbank pki agreement or such other address as We may specify from time to time Rulebook means the Core Scheme Rulebook and or the B2B Scheme Rulebook as applicable Service means Our SEPA direct debit services to You as a Creditor in respect of any Collection as set out in these Terms Terms means these Terms and Conditions User Guide means the guidelines that We provide from time to time in connection with the Service including guidance in hard copy form for example ina user manual or by letter spoken guidelines through any
14. is to be collected from the Debtor s account for Your benefit in accordance with the Core Scheme Rules or the B2B Scheme Rules as applicable Core Scheme means the SEPA Core Direct Debit Scheme Core Scheme Rulebook means the SEPA Core Direct Debit Scheme Rulebook as amended from time to time by the European Payments Council Core Scheme Rules means the rights and obligations set out in the Core Scheme Rulebook which shall apply to You and Us in connection with these Terms as applicable Creditor has the meaning given to it in each of the Rulebooks Creditor Identifier means the Creditor identification code required to be included in each SEPA Direct Debit Mandate under the Core Scheme Rules and the B2B Scheme Rules Debtor means the holder of the account to be debited to whom you issue the SEPA Direct Debit Mandate to initiate Collections Debtor s Account means any account which is to be debited that is held by a Debtor at a bank which participates in either the Core Scheme or the B2B Scheme and referred to in a SEPA Direct Debit Mandate Digital Identification Service has the meaning given to it in the PKI Customer Agreement Direct Debit Instruction has the meaning given to that expression in clause 3 2 below Lloyds Banking Group includes Lloyds Bank plc and a number of other companies using brands including Lloyds Bank Halifax and Bank of Scotland and their associated companies SEPA Direct Debit Mandate m
15. iven of the debit amounts and the dates from which they will be debited so as to have sufficient funds deposited in its account on the date on which a debit is due to be effected 4 2 5 it must have sufficient funds in the relevant Debtor s account on the date on which a debit is due to be effected 4 2 6 in respect of Debtors under the Core Scheme it is entitled to a refund for any direct debit made under the SEPA Direct Debit Mandate within eight weeks from the date on which the amount of the direct debit was due to be debited from its account 4 2 7 in respect of Debtors under the Core Scheme if a refund is requested in respect of an unauthorised transaction it must present its claim to its bank within 13 months of the debit date and 4 2 8 in respect of Debtors under the B2B Scheme it must check all elements comprising the SEPA Direct Debit Mandate 43 You shall de materialise any amended SEPA Direct Debit Mandate archive the document and send the information on the amended SEPA Direct Debit Mandate to Us as part of the next Collection if the changes are of any concern to Us The amendments which would be of concern include but are not limited to 4 3 1 Yourneed to change the unique SEPA Direct Debit Mandate reference because of internal organisational changes 4 3 2 Your identity has changed for example due to merger acquisition or organisational changes 4 3 3 You have changed Your name or 4 3 4 the Debtor de
16. or any reason or 19 The Validity Of These Terms b You become unable to pay Your debts within the meaning of Sections 19 1 We have made every attempt to ensure the fairness of these Terms If any part proves or 268 of the Insolvency Act 1986 or any amendment to re enactment not to be legally valid because it is unfair it will not affect the rest and We are entitled of such legislation or to treat that term as changed in a way that makes it fair and valid c A resolution is passed or a petition is presented for Your winding up or 20 Assignment And Third Party Rights d Your compound with or enter into any arrangements with creditors or 20 1 We may transfer any and all of Our rights and duties under these Terms Save as provided otherwise in these Terms a person who is not a party to these terms shall e Areceiver or administrator is appointed over any of Your property or have no right under the Contracts Rights of Third Parties Act 1999 to enforce any assets or an administration application is presented or made for the provision of these making of an administration application order or a notice of intention to appoint an administrator is filed with the court or 21 Governing Law f You are dissolved or become bankrupt or 21 1 These Terms shall be governed by English law and You submit to the exclusive jurisdiction of the English courts www lloydsbankbusiness com Please contact us if you would like this in Braille large print or on audio ta
17. pe Lloyds Bank plc Registered Office 25 Gresham Street London EC2V 7HN Registered in England and Wales no 2065 Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 119278 We aim to provide the highest level of customer service possible If you do experience a problem we will always seek to resolve this as quickly and efficiently as possible If you would like a copy of our complaint procedures please contact your Relationship Manager or any of our offices You can also find details on our website at http www lloydsbankbusiness com Page 4 of 4 13335 1114
18. r deliberate default We will not be liable for indirect or consequential loss You agree to indemnify Us from and against any and all losses liabilities demands fees charges costs and expenses including without limitation legal fees and allocated costs for in house legal services Damages incurred or sustained by Us whether as a result of any actions proceedings claims or otherwise arising out of or in connection with 11 6 1 these Terms 11 6 2 Your failure to comply with the undertakings set out in clause 4 1 above 11 6 3 any Direct Debit Instructions and or Our acting or relying on any Direct Debit Instructions or 11 6 4 any amounts which are paid or returned to any Debtor or any other third parties in respect of reimbursement of amounts debited including any indemnity payment We are required to make to a Debtor s bank under the applicable Rulebook except in the event such Damages are directly caused by Our negligence or deliberate default This indemnity shall survive termination of these Terms We will not be liable for any failure or delay in performing Our obligations under these Terms if such failure or delay is caused by circumstances beyond Our reasonable control including but not limited to any abnormal or unforeseen circumstances acts of God expropriation or confiscation of facilities any form of war hostilities rebellion terrorist activity local or national emergency sabotage or riots floods
19. rned or paid to any Debtor directly or via 12 2 1 provide the Service to You and another deposit bank This clause 16 3 shall survive termination of these Terms 12 22 _ validate and process Direct Debit Instructions submitted by or on behalf 16 4 Ifyou discontinue the use of the Service or these Terms are terminated We reserve OrYOU the right to call for cash collateral in respect of any outstanding refund return or reject liability we may have under the Core Scheme Rules the B2B Scheme Rules or the 13 Fees Payment Services Regulations This clause 16 4 shall survive termination of 13 1 We will charge You fees for the Service as We may agree with You from time to time these Terms 14 Communications And Electronic Records 16 5 If You decide to discontinue use of the Service You must notify Us immediately 14 1 We may monitor and record communications with You Your agents employees 17 Successors and contractors for any purpose connected with the Service which We consider 17 1 These Terms will be for the benefit of and binding on You and Us and any of Our appropriate successors or assigns 14 2 Records and audit logs maintained by Us in relation to the Service any Collection 18 Our Right To Make Changes To These Terms SEPA Direct Debit Mandate or Direct Debit Instruction shall be deemed to be accurate g n bes until the contrary is proved and the burden of proof that they are in accurate shall lie Hes Shui sa Og SWC 12 Tesavey MGI GSU 22 TMS SO
20. technical helpdesk We or a third party may operate guidance through any on line help service available as part of the Service and any updates of any of the above items User Instruction means an instruction authorisation or request payment or otherwise given to Us through the Service by a Corporate Administrator on Your behalf We Us Our Bank means Lloyds Bank plc and You Your means the Business Purpose Of These Terms These Terms set out the terms and conditions upon which We will provide the Service to You in Your capacity as a Creditor under the Core Scheme or the B2B Scheme as applicable They apply to You in connection with the Service if you wish to receive our Service These terms are legally binding so You should read them carefully before You agree to them These Terms are in addition to the terms and conditions that apply to DAL Your Accounts Terms and 2 2 2 The banking services that We provide and the mechanisms by which You may access services including Our SEPA direct debit Service to You as Creditor To the extent the Account Terms are applicable to the operation of Your Account and provision of the Service they shall apply in respect of the Service in conjunction with these Terms In the event of any conflict between a these Terms and or the Rulebooks and b the Account Terms these Terms and or the Rulebooks will prevail The Service You must meet the eligibility requirements set out in the
21. the processing by any clearing and settlement mechanism of direct debit instructions We submit to it based on Your Direct Debit Instructions We may refuse to process any Direct Debit Instructions or effect any Collection with immediate effect and without prior notice where any such Direct Debit Instructions are not transmitted to Us in accordance with these Terms where We reasonably believe that such action might be a violation of any Applicable Regulations or where the corresponding SEPA Direct Debit Mandate has been requested by Us but has not been delivered to Us within the agreed deadline under clause 4 1 10 above We and or any member of the Lloyds Banking Group may be subject to sanctions and or embargoes imposed by the international community including the UK EU UN and the USA We may refuse to process any Direct Debit Instruction and may refuse to make any payment or take any action pursuant to a Direct Debit Instruction if it would result or in our reasonable opinion is likely to result in a breach by Us or any member of the Lloyds Banking Group or any of their respective employees of any sanction or embargo whether or not imposed in the UK and We will not be liable for any loss damage cost or expense by reason aforesaid We shall be permitted to disclose to the relevant authorities such information in relation to any instruction and or payment as may be required 9 4 10 10 1 wa all i 11 4 11 5 11 6 w
22. xtra fees will be charged 15 3 We will update You in writing of any changes to contract details and or procedure to You in respect of Your rejection of a change resulting in termination of these Terms 16 Termination and the discontinuation of Your use of the Service 16 1 Subject to clause 16 3 and 16 4 You may terminate these Terms by giving Us at least es Wemaydiange iese msaa ely lene esa alse te ees Ee melas ance il amenifttsenitienmatiion of practice which apply to Us or the way we are regulated We will always endeavour to give You at least two 2 months notice of such changes wherever possible Where 16 2 We may suspend or terminate or withdraw or cease to provide the Service to You with this is not possible We will give You as much prior notice as reasonably practicable immediate effect in any of the following circumstances 18 4 When we tell You about a change We will do so by letter e mail text statement 16 2 1 Where in Our opinion You are in breach of any provision of these Terms statement inserts or messages or in any other way which is sent to you individually the Account Terms any applicable Service eligibility criteria or any other Where We can notify You about a change in a number of different ways We will do arrangement with Us or so in a way that We reasonably think is likely to come to Your attention and which 16 2 2 Where satisfies legal and other regulatory requirements a Your Account is terminated or suspended f
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