Clockwise Current Account Terms and Conditions

These Terms & Conditions apply to your Clockwise Credit Union current account. Please read them carefully. You can download a copy of these Terms & Conditions at any time from within your app or online account portal, log in via our website www.clockwise.coop.

About this agreement

Our agreement with you is made up of the terms and conditions:

1. in this document
2. in the Fees and Charges schedule relevant to your account
3. additional terms in other documents we give you or upload on our website that we say are part of our current account agreement
4. additional terms in the Credit Union rule book and terms and conditions of Clockwise Membership which we deem relevant to the operation of our Current Account.

If there is a difference between the terms in this document and the Fees and Charges Schedule relevant to your account or any additional terms or an account, the Fees and Charges Schedule or additional terms will apply.

Where we use examples in this agreement to make things clearer for you, the meaning of the conditions is not limited to the specific examples we’ve given.

This agreement covers sterling personal current accounts available to Clockwise Credit Union members.

1.      Definitions

In these terms and conditions:

“You” means the named account holder being the authorised user of the Clockwise Credit Union current account and any additional cardholder.

“We”, “us” or “our” means Clockwise Credit Union Ltd, 1 St Nicholas Place, Leicester, LE1 5LB.

“Security details” means the personalised details you must use to make an instruction, confirm your identity or to access any payment device (for example a password, security code, PIN)

“Payment device” means a card or other device you can use to make payments or access your account (such as a smart phone or personal computer which you use to access our account).

“Non-Sterling Transaction” means any transaction which originates in a currency other than sterling (GBP).

“Hold of funds” means any time we reduce your available balance preventing you from accessing funds within your account.

2.      Contacting us

You can contact us by any of the methods in the table below. You must contact us to report an unauthorised payment or possible loss, theft or unauthorised use of a payment device or security details.

3.      Contacting you

We will contact you and give you notices using the most recent details you have given us. We will use post, telephone or any electronic or digital message (including internet, email and text message) as appropriate. We’ll assume that you’ve received any letter or other personal notice we send using your contact details within two business days after we’ve posted or sent it.

You must tell us immediately of any change of address or other contact details. We may ask for evidence of the change.

4.      Governing Law

This Agreement is concluded in English. All communications with you will be in English. These Terms & Conditions will be construed in accordance with English law and the exclusive jurisdiction of the English courts.

5.      About Tax

If we believe you may have tax obligations in other countries, we may disclose information about you directly to those tax authorities, or to HM Revenue & Customs, which may share the information with the other tax authorities.

6.      Transfer of rights under this agreement

We may transfer our rights and our responsibilities under this agreement. We’ll only transfer our responsibilities to another person if it is authorised to hold your money, we reasonably believe that it is capable of carrying out our responsibilities instead of us and it agrees to do so. We’ll tell you about any transfer and when it will take effect and you agree that we’ll be released from all responsibilities from that date.

You may not transfer any of your rights or responsibilities under this agreement to any person.

7.      Opening your account

You can apply at a Clockwise Credit Union branch, on our website www.clockwise.coop or the Clockwise Credit Union mobile app.

You must be at least 18 years old, UK resident and Clockwise Credit Union member to open a Clockwise Credit Union current. You must provide an email address and mobile phone number to open an account so that we can communicate with you.

Before we can open an account for you, we will require evidence of your identity and we may require evidence of your residential address. You may need to provide us with documents such as passport, driving licence, national identity documents, utility bills, bank statements or other documents to confirm your identity. We will also need to carry out checks on you electronically.

8.      Account Limits

To qualify to keep the current account open you need to credit a minimum of £100 per month regularly into your current account, such as salary, pension, any Government Benefits. Clockwise Credit Union reserve the right to close your current account at any time by giving you the required notice as per these Terms and Conditions if you do not maintain the monthly minimum deposit requirements

Additional account limits such as the maximum balance or number of daily allowed payments will apply to your account. Account limits are set out in the Current Account Fees & Charges schedule.  Clockwise Credit Union reserve the right to close your current account at any time by giving you the required notice as per these Terms and Conditions if you exceed account limits.

9.      Giving us your instructions

You can give us instructions in a number of different ways including:

• in writing
• by telephone
• in branch
• online
• using your mobile device
• or by any other means we tell you are available.

This may include asking you to take extra steps (for example, entering a one-time passcode that we send you or using biometric data such as a fingerprint) to authorise transactions. You can also give instructions through third parties you’ve authorised to act on your behalf, for example powers of attorney and third-party providers.

You can allow another person (a ‘third party’) to operate your account. If you want to do this, you’ll have to sign a document called a third-party mandate.

These conditions will apply to any third party or attorney allowed to use your account and you will be responsible for everything they do even if they cause you to break the agreement.

10.   Delaying or refusing to act on your instruction

We’ll always follow your instructions, unless:

• we reasonably believe that you didn’t authorise the instruction;
• you do not have enough money in your account to complete a payment instruction;
• we know that the account details or reference you gave us are incorrect in connection with any payment instruction;
• we reasonably suspect the instruction is for an illegal purpose;
• you have enabled a limit or restriction on your account which prevents us from completing your instruction. For example, temporarily blocking a debit card, enabling overdraft usage controls or specific transaction type controls;
• we reasonably suspect your instruction is connected to a scam, fraud or any other crime, or we reasonably consider that your instruction is of a type where there is a high risk of there being such a connection;
• your instructions are unclear or incomplete;
• you request an unarranged overdraft and we refuse the payment due to lack of funds;
• we reasonably suspect that following your instruction may mean that we breach a law or regulation with which we must comply or may expose us to action from a government, regulator or law enforcement agency;
• a restriction that applies to your account stops us from following your instruction (for example, the instruction exceeds the daily payment limits set on your account);
• we’re told about a dispute between joint account holders or additional cardholders, which means the account can’t be used until the dispute is resolved;
• or you’ve broken any term of our agreement in a serious way.

11.   Payments into your account

Payments can be made into your account by cash, cheque, electronically by direct transfer from another account or any other method notified to you from time to time. The time taken to credit funds to your account will depend on the method used. Ordinarily, payments will only be accepted in pound sterling. From time to time, we may be able to accept funds in other currencies. Ask us if you want to know more about depositing funds in other currencies.

We can refuse to accept a payment into your account if we reasonably believe that accepting it might cause us to breach a legal requirement. If we believe that a payment into your account was made because of fraud, we will take action to remove the payment from your account or take other steps to make sure the funds are not available for you to use.

If we reasonably believe that a payment was made into your account by mistake, we will return it to the paying bank unless you can show us that it was not made by mistake. If we mistakenly credit funds to your account, we will either take the amount out of your account or limit your access to the account. If this happens, we will contact you to discuss the matter.

You may deposit a cheque into your account at our branch or by posting the cheque to our office. We show a cheque payment in your account on the day we receive it, however the funds will not be counted towards your available balance until we have received payment from the paying bank. If your account receives an interest or dividend, the value of the cheque within your account will not earn interest or dividend until we have received payment from the paying bank.

Clockwise Credit Union is not a clearing bank and therefore we deposit cheques for clearance with a third-party bank. This increases the cheque clearing times considerably. Cheques deposited into your account may take up to 15 working days to clear and become available within your account for withdrawal. If a cheque paid into your account is returned unpaid, we will tell you and debit the payment from your account. Unpaid cheque charges may apply.

The table below shows how quickly we add payments to your account after we have received them.

12.   Making payments from your account

You can make the following transactions from your account:

• Faster Payment to a UK bank account.
• Cash Withdrawal from a Clockwise branch
• Pre-arranged Post Office Cash Collection
• Transfer to another Clockwise account holder
• Standing Orders
• Direct Debits
• CHAPS to a UK bank account
• Using a debit card associated with your account

We may be required by law to make payments to a third party (e.g. under a Child Support Agency deduction order) or take other action in relation to your account (e.g. freezing funds). If this happens, we’ll tell you unless we are prevented from doing so (for example, if it is forbidden by law or regulation).

If you tell us that we’ve made an incorrect payment based on incorrect payment details you gave us, we’ll make reasonable efforts to recover the payment for you but we may not be able to recover it and we may charge you a fee for trying. If we can’t recover the payment we won’t refund you but we’ll contact the payee’s bank to ask for the payee’s contact details for you

13.   Cancelling or changing payments

You cannot cancel or change a payment which you have asked us to make immediately. Payments can’t be stopped after they’ve been processed.

If you want to cancel a Direct Debit, standing order or any other future dated payment (such as a bill), you must call us by 4pm on the business day before the payment is due to be made. Direct debits and standing orders can be cancelled using our website or mobile app, at least one business day before the payment is due to be made. If you do cancel a Direct Debit or standing order you should also tell the organisation or retailer that collects the payment so that they can cancel or change it as well.

We may cancel any standing order or Direct Debit on your account if it’s unpaid more than once and we reasonably believe that the balance on your account is unlikely to be sufficient to meet future payments.

14.     Keeping your account secure

You must at all times:

• take all reasonable steps to keep your security details safe (including your debit card PIN and any passwords or log-in details for telephone, mobile app or our website);
• never share your authentication codes/details (including a one time passcode) with anyone as these can be used to authorise payments out of your account
• never approve a transaction in your mobile app that you don’t recognise or have not made yourself
• take reasonable steps to maintain the hardware and software on any device you use for online access or mobile app access (for example, a mobile phone or computer), which may include carrying out regular virus checks and security updates;
• keep your debit card and mobile device (for example, mobile phone or tablet) secure at all times and not let anyone else use them to make payments;
• when you’re logged on to online or mobile account access, not leave the device you’re using unattended and you must make sure that any information stored or displayed on your device is kept secure; and
• be aware that if you give your online access password and log in details to a third party provider, we’re not responsible for what they do with your details or account information.

We will never:

• ask you to give us or any person or organisation your full security details (including your debit card PIN, your online account access password or security codes);
• send someone to collect cash, PIN, debit card or anything else if you’re a victim of fraud; or
• ask you to transfer money to a new account for fraud reasons.

What you must do if you think someone knows your security details or you’ve lost your debit card or mobile device:

• If you think that someone else might know your debit card or security details or if you suspect that someone may have used your account without your permission, please tell us as soon as possible by calling 03301755792 (or +44 116 24 23 900 from outside the UK) or visiting any Clockwise branch; or
• If you need to report a debit card as lost or stolen, please tell us by calling us on 0330 202 3645 or visiting any Clockwise branch. If you use your mobile device to make payments from your account (for example, through the mobile app or making a contactless mobile payment) and your mobile device is lost or stolen, please tell us by using these contact details.

15.     Unauthorised payments

If you suspect that an incorrect or unauthorised payment has been made from your account, you must contact us as soon as possible by calling 03301755792 or contacting your branch.

If an unauthorised payment has been taken from your account (which means someone else made the payment without your permission), you should tell us as soon as possible so that we can take steps to protect your account. You may be entitled to a refund – this will depend on a number of factors. In the following table we refer to payment details – this includes your debit card, debit card details and your security details.

16.     Statements

Unless we agree otherwise, we won’t send you regular account statements unless requested. You can view a statement of your account at anytime using our website or mobile app.

17.   Your Clockwise Credit Union Card Account & Visa debit card

If you ask us to provide you with a debit card, we will open a Clockwise Credit Union Card Account and Visa debit card for you. You agree, in addition to this agreement, to abide by the “Clockwise Credit Union Card Account & Visa debit card” terms and conditions, a copy of which will be made available to you.

The Clockwise Credit Union Card account and Visa debit card are electronic money services provided by Contis Financial Services Ltd for the purpose of allowing you to spend funds held in your Clockwise Current Account and to access services associated with your Visa debit card.

Your Clockwise Credit Union Card account and Visa debit card will be issued by Contis Financial Services Limited, Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL, who is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered number 900025) as an e-money issuer. Your Clockwise Credit Union Card Account and Visa debit card are distributed by Clockwise Credit Union Limited on behalf of Contis Financial Services Ltd.

When you use your Visa debit card at accepted locations, we will place a hold of funds held within your Clockwise Current Account to cover the value of transactions you make using your Visa debit card. The total value of transactions made using your debit card will be deducted from the available balance of your Clockwise Current account and will be unavailable for you to withdraw through any other means.

We will automatically transfer funds from your Clockwise Credit Union Current Account to your Clockwise Credit Union Card Account to cover the value of transactions made using your VISA debit card. We will debit your Clockwise Current account after we receive confirmation of the withdrawal or purchase from the card issuer and remove the hold of funds from your current account. This may be on a business or a non-business day.

On occasion, the amount of funds held when the transaction first took place may be more or less the value of the transaction which debits your current account. In this case, we will automatically transfer the difference between your Clockwise Credit Union Current Account and Clockwise Credit Union Card Account.

If any funds are credited to your Clockwise Credit Union Card Account via the Visa system, for example in the case of a refund, we will transfer the funds back from your Clockwise Credit Union Card Account to your Clockwise Credit Union Current Account.

If your Clockwise Credit Union Current Account is closed for any reason, we will also close your Clockwise Credit Union Card account and Visa debit card.

18.   Payment Refunds

If an error is made in a Direct Debit, you’ll be entitled to a refund from the payee or from us. This is known as the Direct Debit Guarantee. For more information please see directdebit.co.uk

If we give a refund for any reason we’ll return your account to the position it would have been in if the payment had not taken place by refunding the payment and any interest we charged on it (or by paying any interest we would have paid on it). If we provide a refund but later investigation finds you were not entitled to it, we’ll return your account to the position it would have been in if we had not made the refund

19.   Paying charges from your account

Any charges you incur will be taken directly from your account. There may be other charges for additional services not covered in these Terms (for example, a CHAPS payment) but we’ll always tell you about these charges before the service is provided. If a court order or legal process brought by a third party against you is served on us (for example, telling us to freeze your account), we may charge you an administrative fee (minimum of £25). We’ll take this directly from your account and let you know when we’ve taken it.

20.   Using money in your account to repay money you owe

If you’ve borrowed money from us (for example, through a loan, credit card or overdraft) and the money or the repayments are overdue for payment, we may take money from your account to repay some or all of the money you owe us (including any fees or interest).

This is called “set off”. We may also set off any money we owe you (for example, as a refund or compensation or to settle a complaint you’ve made).

21.   Overdrafts

If we agree, you can borrow from us using a formal or informal overdraft.

Overdrafts are repayable on demand, which means that you must repay any overdraft when we ask you to. We’ll usually give you advance notice.

If you ask, we may convert an informal overdraft into a formal overdraft. When we do this our informal overdraft rates will apply until the formal overdraft is agreed.

Overdrafts are only for short-term borrowing. You should regularly pay into your account to reduce the amount you owe. Your account must be returned to credit or within any formal overdraft limit as soon as possible.

We regard an informal overdraft that is not repaid as a serious breach of these terms and conditions. It may result in us deciding to close your account and may affect your credit history.

22.   Repaying or reducing an overdraft

If your account is overdrawn, any money paid into your account will be applied in the following order:

• In repaying any unpaid overdraft interest or fees
• in repaying or reducing any unarranged overdraft balance;
• in repaying or reducing any arranged overdraft balance.

23.     Account charges & Debit Interest

We may require you to pay interest and charges in certain circumstances. The interest rates payable by you and charges that apply to the current account and related services, if any, are set out in the Fees and Charges Schedule relevant to your account. You can also find out our rates and charges in branch, by calling us or visiting our website.

Monthly Charges

Unless we tell you otherwise, we will begin charging any monthly fee applicable to your account, 15 days after the account was opened and monthly thereafter.

Transaction Fees

Any fees associated with a transaction will ordinarily be debited from your current account at the same time as the transaction debits your account.

In the case of a transaction fee originating from your usage of a debit card associated with your account, we will place a hold of funds on your account to cover the expected fee amount. Once we receive confirmation from the card issuer that the transaction is complete, we will calculate and debit the actual fee amount from your account, removing the hold of funds for the expected fee amount.

Non-Sterling Transaction Fees

If you instruct a transaction in a currency other than sterling it will be converted to sterling before debiting your account. Exchange rates vary daily so the rate appliable when the transaction debits your account may differ from what it was when the non-sterling transaction first took place.

If a transaction fee is due on the non-sterling transaction, we will;

• place a hold of funds on your account equal to the expected fee amount. We will calculate the expected fee amount based on the currency exchange rate applicable at the time the non-sterling transaction took place, then
• we will recalculate the actual fee amount when the non-sterling transaction debits your account. The actual fee amount will be calculated using the exchange rate applicable at the time the non-sterling transaction debits your account;
• the hold of funds will be removed from your account once the non-sterling transaction and fee have both debited your account.

Overdraft Interest

We’ll calculate any interest on the daily overdrawn balance of your account, excluding any previously unpaid overdraft interest . Any overdraft fee or overdraft interest will be taken from your account 21 days after the end of the charging period it was incurred in (or the next business day if this is a non-business day). We’ll give you at least 14 days’ notice of how much we’re going to charge you and when.

Other Charges

You’re responsible for paying any costs we reasonably incur to obtain payment of your overdraft (for example, court fees).

Any administration charges as set out in the current account fee and charges schedule which are associated with an instruction you have given us, will be collected from your account immediately following receipt of your instruction.

24.   Changing your debit interest rate

We can change the interest rate on your account to:

• respond proportionately to a change in the Bank of England’s base rate or any other publicly listed market rate;
• reflect changes in the costs we reasonably incur for providing your account; or
• reflect changes to the banking or financial system or changes in law, industry codes that we follow, the decision of an ombudsman or any other regulatory requirement.

25.   Credit Interest

Your account may be eligible to receive credit interest. We will let you know if this is the case when you open the account. Any credit interest is calculated daily based on the cleared end of day balance of your account. Unless we tell you otherwise, credit interest will be applied to your account on the 21^st day of each month.

26.   Changes to this agreement

We can make changes to this agreement if we have a valid reason. For example, we can make changes to:

• comply with changes in law, industry codes or regulatory requirements;
• reflect changes in the systems, schemes or suppliers we use;
• remove a service we offer which is out of date or not being used (either by you or our customers in general);
• reflect changes in inflation or the costs we reasonably incur in providing accounts or services; or
• make the agreement clearer or more favourable to you; or
• introduce new services for your account.

We’ll give you at least one months’ notice before making any changes to this agreement, fees, or interest rate applicable to your account. We’ll tell you about the change on our website, by branch notices, national statement messages or inserts or by writing to you (this can include email or secure message within our website or mobile app).

The new terms will apply to your account automatically at the end of the notice period, but if you do not want to agree to the change, you can switch your account or close it without paying any extra charges or interest, at any time until the change takes effect. If you do not switch or close your account we’ll assume you’ve accepted the change.

27.     Limiting services and closing your account

We may close, suspend or restrict the use of your accounts, or certain services (such as your debit card or online banking) if:

• we reasonably believe that your security details or debit card details haven’t been kept safe; or
• we reasonably suspect that your security details or your debit card have been used fraudulently or without your permission; or
• a restriction applies to your account which means the account can’t be used until the dispute is resolved; or
• we reasonably believe it’s appropriate in order to protect your account; or
• you are no longer resident in the UK; or
• you are no longer a member of Clockwise Credit Union; or
• you’ve broken any term of this agreement in a serious way; or
• we reasonably suspect that your account or any other account you hold with us has been, is being or is likely to be used for an illegal purpose; or
• we reasonably suspect you’re involved in fraud or other serious criminal activity; or
• we reasonably suspect that by not taking these steps we might breach a law or regulation with which we must comply; or
• you behave in an offensive, threatening or violent manner, which includes any racist or other discriminatory conduct, towards our staff or representative; or
• you fail to pay fees or charges that you have incurred or fail to pay back any negative balance on your account when requested; or
• you are no longer an active member of the Credit Union due to non-payment of a loan or other funds issued by the Credit Union; or
• you have used your account for business purposes; or
• your declared bankrupt; or
• you’ve entered into a voluntary arrangement with your creditors to repay your debts; or
• we reasonably suspect that you’ve given us false information, which was a significant factor in our decision to open your account (or to continue to provide it to you); or
• there’s been no transaction in or out of your account for at least 12 months.

We can also close your account for any other reason by giving you at least 60 days’ notice.

Should we need to take these actions and where possible, we will give reasons for doing so except where restricted by law. There will, however, be situations where it may not be appropriate or permissible for us to engage with you to explain our reasoning.

You can close your account at any time and there are no closure fees.

28.   When your account is closed

If your account is closed (either by us or on your instruction), you’ll have to pay any charges for services you’ve used before your account closes (for example, if you’ve used an arranged overdraft, in addition to any overdrawn balance you’ll need to pay any interest due for using the overdraft). We’ll forward any credit balance remaining in your account to you after you repay any money you owe us.

29.   Liability for loss

Except where the law doesn’t permit, we won’t be responsible for any losses:

• caused by circumstances beyond our control as the situation was abnormal or unforeseeable (for example, due to extreme weather, terrorist activity or industrial action);
• you suffer relating to loss of opportunity, loss of goodwill, loss of business or loss of profit arising in any circumstance; or
• we could not have reasonably predicted when you gave us an instruction

30.   Depositor Protection

We are covered by the Financial Services Compensation Scheme (FSCS), which would pay compensation to eligible depositors in the event of the credit union becoming insolvent. Protection does not cover any pending debit card payments. This is where we have placed a hold on your account but the payment has yet to debit your account.

31.   Your Information

We are committed to protecting our members’ privacy. The credit union requires any information marked as mandatory for membership to either meet legal obligations or to enable us to perform our contract with you. Where you are not able to provide us with this information, we may not be able to open an account for you. Where we request further information about you not required for these reasons, we will ask you for your consent.

How we use your personal information

Clockwise Credit Union may process, transfer and/or share personal information in the following ways:

For legal reasons

• confirm your identity
• perform activity for the prevention of financial crime
• carry out internal and external auditing
• record basic information about you on a register of members

For performance of our contract with you

• deal with your account(s) or run any other services we provide to you;
• consider any applications made by you;
• carry out credit checks and to obtain and provide credit references
• undertake statistical analysis, to help evaluate the future needs of our members and to help manage our business
• to send you statements, new terms & conditions (including changes to this privacy statement), information about changes to the way your account(s) operate and notification of our annual general meeting.

For our legitimate interests

• recover any debts owed to us;

With your consent

• maintain our relationship with you including marketing and market research (if you agree to them)

Sharing your personal information

We will disclose information outside the credit union:

• to third parties to help us confirm your identity to comply with money laundering legislation
• to credit reference agencies and debt recovery agents who may check the information against other databases – private and public – to which they have access to
• to any authorities if compelled to do so by law (e.g. to HM Revenue & Customs to fulfil tax compliance obligations)
• to fraud prevention agencies to help prevent crime or where we suspect fraud;
• to any persons, including, but not limited to, insurers, who provide a service or benefits to you or for us in connection with your account(s)
• to our suppliers for them to provide services to us and/or to you on our behalf
• to anyone in connection with a reorganisation or merger of the credit union’s business
• other parties for marketing purposes (if you agree to this)

Where we send your information

While countries in the European Economic Area all ensure rigorous data protection laws, there are parts of the world that may not be quite so rigorous and do not provide the same quality of legal protection and rights when it comes to your personal information.

The credit union does not directly send information to any country outside of the European Economic Area , however, any party receiving personal data may also process, transfer and share it for the purposes set out above and in limited circumstances this may involve sending your information to countries where data protection laws do not provide the same level of data protection as the UK. For example, when complying with international tax regulations we may be required to report personal information to the HM Revenue and Customs which may transfer than information to tax authorities in countries where you or a connected person may be tax resident.

Retaining your information

The credit union will need to hold your information for various lengths of time depending on what we use your data for. In many cases we will hold this information for a period after you have left the credit union. To read our policy for retaining members data please see: www.clockwise.coop or contact us at: enquires@clockwise.coop