Private Banking Online Banking Terms & Conditions
Unless the context indicates otherwise, the following terms shall have the following meanings:
1.1. "account" means any account which has online banking functionality and is in the name of the client and is held at Investec;
1.3. "applicable law" means any local, provincial, national or international statutes, regulations, regulatory guidelines, ruling or code and judicial, regulatory, industry or administrative interpretations or directives;
1.4. "client" means a person who has a valid account and is registered for online banking, including any person authorised or deemed to be authorised by the client to have access and utilise the client’s online banking profile ("the user");
1.5. "device(s)" includes mobile phones or smartphones, smart watches, tablets, computers, laptops and notebooks and SIM cards;
1.6. "e-communication" means an electronic communication by means of a data message as defined in the ECT Act and includes communications exchanged by means of the website, email and mobile phone (e.g. WAP, WIG, SMS);
1.7. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
1.8. "Investec" means Investec Bank Limited and/or any duly appointed agent of Investec;
1.9. "Investec App" means the Investec application accessible to clients which can be downloaded onto a device and provides application programming interfaces and services which enables a client to carry out transactions and other functions (whether of a financial nature or not);
1.10. "Investec Group" means Investec Bank plc, Investec plc and Investec Limited and any direct or indirect subsidiaries of those three companies and includes Investec;
1.11. “Investec Online” means the online platform provided by Investec which gives the client access to online banking;
1.12. "merchant" means any supplier of goods and/or services who is enabled and authorised to process the Send Cash Functionality;
1.13. "mobile authentication message" means a message to provide additional validation when accessing online banking or effecting a transaction, sent by Investec to the client’s device, which may include, without limitation, a one-time pin or an In-App authentication message or verification by the Touch ID required standard;
1.14. “NCA” means the National Credit Act 34 of 2005;
1.15. "notification" means a real time e-communication notification which Investec sends to the client and includes SMS or push messages;
1.16. "online banking" means all digital banking services to access the client’s accounts, related services and tools and facilities provided by Investec via Investec Online on the website or via the Investec App using a device;
1.17. "online banking password" means the password chosen by the client in respect of an account for access to online banking which must be used, together with any other verification mechanism, every time online banking is accessed;
1.18. "personal information" means personal information as defined in POPIA;
1.19. "POPIA" means the Protection of Personal Information Act 4 of 2013;
1.21. "process/processing" has the same meaning assigned thereto in POPIA when referred to in the context of personal information;
1.22. "product agreement/s" means the various terms and conditions and/or agreements governing services, accounts and/or facilities offered by Investec;
1.23. "recipient" means the nominated recipient of a redemption code and remittance amount;
1.24. "redemption code" means the unique code generated and issued by Investec and sent by means of a SMS notification to the recipient;
1.25. "remittance amount" means the amount to be withdrawn as requested by the client and specified in the SMS notification sent to the recipient;
1.26. "Sanctioned Transaction" means the use of online banking for the purpose of financing directly or indirectly the activities of any person or entity which is on a Sanctions List or for the purpose of financing directly or indirectly the activities of any person in a country which is subject to Sanctions by a Sanctioning Body (“Sanctioned Country”), and/or the contribution or making available of amounts to any person or entity, if the client has actual knowledge, without having made enquiry, that such person or entity intends to use such funds for the purpose of financing the activities of any person or entity which is in a Sanctioned Country and/or is on a Sanction List, in each case to the extent that such financing or provision of funds would be prohibited by Sanctions;
1.27. "Sanctioning Body" means any one or a combination of the following entities:
1.27.1 the Office of Foreign Assets Control of the Department of Treasury of the United States of America;
1.27.2 the United Nations Security Council;
1.27.3 the European Union or any participating member state of the European Union;
1.27.4 Her Majesty's Treasury of the United Kingdom; and
1.27.5 any other Sanctioning Body of a foreign country in whose currency Investec may facilitate payment;
1.28. "Sanction List" means any of the lists of specially designated national or designated persons or entities (or equivalent) held by a Sanctioning Body, each as amended, supplemented or substituted from time to time and/or any other sanctions lists that Investec may from time to time deem necessary or be required to screen, verify and process transactions against;
1.29. "Sanctions" means the economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by any Sanctioning Body;
1.30. "Send Cash Functionality" means the service offered by Investec to its clients whereby clients are, through their mobile banking or online banking able to, send cash to a recipient by sending a redemption code to the recipient’s mobile phone number which the recipient can use to redeem the relevant amount of cash at a merchant;
1.31. "transaction" means a transaction initiated by the client through the client’s online banking or by using the card number and/or the account and/or the account number, including ad-hoc electronic fund transfers or beneficiary payments, purchase of a value- added service and use of the Send Cash Functionality;
1.32. "value added services" means the facilitation by Investec of the sale of mobile phone airtime, SMS - and data bundles by suppliers thereof;
1.33. "verification mechanism" means the online banking password, passwords utilised by Visa Secure (where applicable), mobile authentication message or other passwords and any other form of verification mechanism implemented by Investec from time to time, in order to facilitate the use of the account and matters ancillary thereto, including specifically any e-communication which Investec may send in relation to any transaction;
1.34. "Visa Secure" means a password-protected authentication system designed to confirm the identity of the cardholder when a Visa card is used online; and
1.35. "website" means the Investec website being http://www.investec.com (including all its constituent web pages) on which Investec provides banking and financial services from time to time, including all pages over which Investec exercises control.
2.1 The client agrees that access to and the use of online banking is subject to this agreement. The client must take the time to read and understand this agreement and pay attention to all terms especially those printed in bold. The client is responsible to acquaint themselves with any specific terms and conditions of use that may exist in relation to the use of online banking and the client will be bound by such terms as if they form part of this agreement.
2.2 The terms and conditions contained in this agreement are referred to in the product agreement/s as "ancillary conditions" or "terms and conditions for use of electronic banking", as the case may be.
2.3 The rules of interpretation and guidelines on how to read this agreement with the product agreement/s are provided for in the product agreement/s.
3.1 The client shall be granted and maintain their access to online banking subject to the client’s continuous compliance with Investec’s security measures and requirements.
3.2 A user who has been provided access to a client’s online banking shall be deemed to be authorised by the client to perform the functions assigned to the user until such time as the client otherwise advises Investec in writing.
3.3 The client will be responsible and liable for all transactions effected by the user unless Investec acted fraudulently or with gross negligence. On acceptance by Investec of the multiple user access or designated online banker application form this agreement shall apply to the user.
3.4 The client acknowledges and understands that online banking may be unavailable from time to time due to interruptions caused by scheduled maintenance, unforeseen interruptions, and other interruptions as required by external service providers or such other reasons which are not within the control of Investec.
3.5 Investec will notify a client as soon as practicably possible of any potential delay or interruptions to services offered through online banking.
Security measures for online banking
4.1 A client using online banking must always:
4.1.1 protect the verification mechanism used to access the client’s online banking profile from any third party and must never disclose the verification mechanism to anyone;
4.1.2 run the latest anti-malware software that is compatible with the client’s device and online banking and which is designed to keep the client’s online banking secure;
4.1.3 be vigilant to and protect against any potential fraud that can happen on the client’s account (if the client is of the opinion that there has been fraud committed on the client’s account, the client must immediately contact Investec 24/7 global Client Support Centre); and
4.1.4 logout from online banking in the prescribed manner. Failure to logout may result in unauthorised transactions.
4.2 Investec shall not be held liable for any loss or damage suffered by a client as a result of unauthorised use of or an account being compromised in any way as a result of a client’s failure to:
4.2.1 comply with the obligations set out in clause 4.1.1 to 4.1.4 above;
4.2.2 notify Investec that a client’s mobile phone number has changed or has been compromised and as a result thereof any notification sent by Investec to the mobile phone number on record is incapable of being received by the client.
4.3 Investec shall not be liable in any way if the client does not take reasonable precautions to prevent unauthorised use of the account via online banking. Specifically but without limitation, Investec shall not be liable in any way if the client uses any verification mechanism in a public place or in any other unsecured environment in such a manner that the confidentiality and secrecy of the verification mechanisms is compromised. Similarly, Investec will not be liable in any way if the client does not make use of or does not implement or does not respond to any verification mechanism or if the client stores or records any verification mechanism on a device or network or in any other location which can be compromised.
5.1 The client acknowledges and expressly consents thereto that Investec may process personal information of the client within Investec Group for purposes of providing online banking and related services, maintaining the client’s account/s, providing analysis or advice and/or complying with the instructions of the client.
5.2 The client has the right to access the client’s personal information held by Investec. Investec will grant such access during office hours within a reasonable time after receiving a written request for access.
6.1 Investec may, from time to time, and following reasonable notice to the client, update, improve or change the verification mechanisms or parts thereof required to access online banking.
6.2 Investec shall be entitled to refuse to give effect to an instruction from a client and/or refuse a client access to online banking if the client does not comply with or satisfy any verification mechanisms.
6.3 The client agrees to use and/or implement any verification mechanisms (where applicable) according to this agreement and/or any other conditions or guidelines which Investec may impose from time to time, subject to the provisions of any applicable law. The client acknowledges that failure to keep any verification mechanism secret may result in unauthorised use of the account (or any other account held in the Investec Group) and losses, for which the client will be liable.
6.4 The client undertakes to change the online banking password when using online banking for the first time and on a regular basis thereafter. In the event that the client forgets or misplaces the verification mechanism or part thereof, the client may request it via the 24/7 global Client Support Centre.
6.5 Where a client reasonably suspects that a device has been lost, stolen, misappropriated or if someone other than the client utilises the device or account or has knowledge of the verification mechanism or the client has reason to believe that such verification mechanism may in future be compromised, the client shall be obliged immediately to notify the Investec global Client Support Centre telephonically. Any delay in providing the notification to Investec shall be presumed to be sufficient proof of negligence on the part of the client and the client shall bear the onus of proving the contrary.
6.6 On receipt of the client’s notification, Investec shall be entitled to –
6.6.1 reject all instructions received after the client’s notification; and/or
6.6.2 suspend the processing of all instructions not yet executed; and/or
6.6.3 block access to online banking until Investec is satisfied that the account is no longer at risk.
Transactions and Instructions
7.1 The client hereby authorises Investec to effect transactions in accordance with the client's instructions issued via online banking subject to the provisions of this agreement.
7.2 The client acknowledges and agrees that –
7.2.1 Investec does not act as the agent of the client when receiving an instruction or paying any amount instructed via online banking.
7.2.2 information or instructions transmitted when using online banking are susceptible to unlawful access, distortion and monitoring and that the client uses online banking at the client’s own risk;
7.2.3 as soon as the client has submitted an instruction to Investec and complied with the required verification mechanisms, Investec shall be entitled to, but not obliged, to carry out the instruction. Once the instruction has been carried out by Investec, it may not be possible to reverse any transaction resulting from the instruction and the client shall not be entitled to countermand the instruction;
7.2.4 if the client issues instructions for more than one transaction, Investec shall be entitled to determine the order in which the transactions are executed.
7.3 Subject to any applicable law, Investec shall not be obliged to verify the information provided by the client or a user who has access to the account for any transaction, including without limitation, the account numbers, branch name, branch numbers, account holder names or amounts stipulated in any instruction.
7.4 The client must –
7.4.1 not use online banking in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously;
7.4.2 not use online banking to collect debts of any nature from other parties;
7.4.3 not attempt to derive income from the use of online banking, whether for direct commercial or monetary gain or otherwise;
7.4.4 not collect or harvest any information or data from Investec or Investec's systems or attempt to decipher any transmission to or from Investec's servers;
7.4.5 not upload, store or share inappropriate or illegal images or content that breaches the right of others;
7.4.6 comply with all applicable laws when issuing an instruction to Investec or making a payment from the client’s online banking profile;
7.4.7 not conclude any transaction with a person on the Sanctions List or a person located in any Sanctioned Country, and will ensure that online banking is not used for a Sanctioned Transaction.
7.5 Investec reserves the right to prohibit, reject or suspend the execution of an instruction or transaction at any time should the value or frequency of the instruction or transaction appear suspicious or out of the ordinary to Investec or should the transaction be considered a Sanctioned Transaction. On so prohibiting, rejecting or suspending an instruction or transaction, Investec undertakes to contact the client, to the extent permitted, within a reasonable period of time and to verify the instruction and/or transaction by such means as Investec may determine. This may result in the prohibition, limitation or delay in the execution of instructions or transactions and even in the suspension of the account and the declining or terminating of any transaction or the business relationship with the client. The client acknowledges and confirms that neither the Investec Group, nor its employees, officers, or directors, shall be liable for any direct, indirect or consequential loss, damage, cost or expense whatsoever that may be suffered or incurred by the client as a result of, arising from or relating to any such prohibition, limitation, delay, decline or termination due to the implementation of this clause.
8.1 If any transaction fails, including as a result of insufficient funds being available in the client’s account or of a third-party account having been closed, Investec will not be liable.
9.1 Investec will automatically send a notification to the client’s mobile phone via the mobile number or via the Investec App in respect of certain activities performed during an online banking session, including the setting up or amending of beneficiaries and the making of occasional or beneficiary payments or initiating a transaction.
9.2 Unless the contrary is proven, the client will be deemed to have received the notification within 10 seconds of the time indicated on the applicable transmission logs as being the time at which the notification was sent.
9.3 Unless the client informs Investec immediately after receipt of the notification that the applicable transaction was unauthorised, the transaction shall be deemed to have been performed or authorised by the client.
9.4 In the event that a client performs a transaction for which the client should have received a notification but has not received one within 10 minutes of having completed the transaction, the client must inform Investec without delay in order to determine and rectify the cause of such failure.
9.5 In the event that the client’s mobile phone or any device to which notifications are sent by Investec is stolen, misappropriated, lost or damaged and as a result thereof incapable of receiving any notifications from Investec or where the client changes his/her mobile phone number, the client must notify Investec immediately. Failure to do so may cause unauthorised access to the client’s online banking and all such transactions will be deemed, unless the contrary is proven, to have been authorised by the client.
10.1 Investec may charge the client for utilising online banking. If fees are charged, Investec will inform the client of such fees and the fees charged will be debited to an account nominated by the client.
10.2 If fees are charged, the fees may be amended from time to time on prior written notice to the client.
11.1 The client acknowledges that account statements are available for download from online banking on a monthly basis and that Investec is not required to notify the client of such.
11.2 Should the client wish to retain account statements for longer than 3 months, the client must save and record a copy in a format and manner acceptable to the client. Investec shall not be obliged to retain account statements on online banking for longer than 3 months after the date of each statement.
12.1 Investec may provide account balance notification:
12.1.1 by e-communication; and/or
12.1.2 on request from the client, via the global Client Support Centre or via online banking from time to time.
12.2 An account balance notification is provided for convenience only and cannot be used, or relied upon, as proof of any amount. The client acknowledges that account balance notification may be delayed and therefore outdated for various reasons, including backlogs on the email or SMS server as a result of high volumes. The client also acknowledges that any account balance notification provided by Investec on request from the client is not provided real time and will not necessarily be an accurate representation of the account.
12.3 The client may not act or rely on the accuracy of an account balance notification in terms of 12.1 unless the client has verified the actual account balance by contacting Investec.
12.4 The ability to receive or request account balance notifications may be suspended or withdrawn by Investec at any time without notice to the client
Pop-up notices and browser settings
13.1 Investec may publish notices to the client by way of "pop-up" windows on the device browser.
13.2 Pop-up notices shall be deemed to be have been read and accepted once the client has closed such notice and proceeded with their transactions.
13.3 The client must ensure that any device browser used by the client permits pop-up notices from Investec to be displayed. Failure to do so shall not entitle the client to claim non-receipt of a pop-up notification.
14.1 Investec will at all times retain its copyright in or licence to software and associated information and documentation belonging to or licensed to Investec and used in the provision of the services and in respect of any logos, trademarks or service marks used.
14.2 The client may not duplicate, reproduce or in any way tamper with the software and associated documents without the prior written consent of Investec.
14.3 Copyright in all materials made available through online banking is owned by Investec and protected by both national and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any such material will constitute an infringement of that copyright. The trademarks, logos and service marks displayed are registered and unregistered trademarks of Investec. Nothing contained in online banking should be construed as granting any licence or right to use any trademark, logos or service marks without the written permission of Investec.
Transmission of Information
15.1 The client is alerted, and agrees to, the possibility that all information submitted or transmitted via email is susceptible to monitoring and interception.
15.2 The client is therefore discouraged from transmitting to Investec any information which may be confidential, proprietary or sensitive unless adequate security arrangements are agreed with Investec.
15.3 The client shall bear all risk of transmitting such information via email and, unless Investec acted fraudulently or with gross negligence, Investec shall not be liable for any loss, harm or damage suffered by the client as a result thereof.
15.4 The client acknowledges that Investec will not enquire into the validity of any information transmitted via email and Investec will assume that any person who submitted the information on behalf of the client is authorised to do so, unless the contrary is proved.
15.5 Notwithstanding any other provisions in this agreement, Investec reserves the right to request independent verification of any information transmitted via email and the client consents to such verification from any source should Investec deem it necessary.
Assistance by Investec regarding verification mechanism
16.1 In the event that the client forgets or misplaces his verification mechanism or part thereof, Investec will provide the client with a temporary verification mechanism, subject to 16.2 and 16.3 below and any other conditions Investec may impose ("disclosure").
16.2 The disclosure is subject to the client being verified to the satisfaction of Investec.
16.3 After the client has been provided with a temporary verification mechanism, the client is obliged to access the website and to change the verification mechanism within the time period determined by Investec, failing which the client shall be held liable for any loss, claim, damage or expense which he may suffer or incur as a result of his failure to change the online banking password timeously in accordance with this clause.
Value added services
17.1 The client acknowledges and agrees that:
17.1.1 while Investec provides the mechanism within which client can purchase value added services, Investec is not a party to any agreement in terms of which value added services are obtained by the client. Whilst Investec will assist as far as possible with the resolution of any queries, the client has contracted directly with the supplier of the value added services, including without limitation, prepaid electricity, cellular airtime, SMS and data packages;
17.1.2 any purchase of the value added services is subject to the terms and conditions of sale of the supplier;
17.1.3 certain prepaid electricity, airtime, SMS and data packages are subject to expiry dates determined by the supplier; and
17.1.4 the correct mobile phone number or meter number, as the case may be, must at all times be entered on online banking to ensure a successful transaction and no refunds can be made in the event that an incorrect mobile phone or meter number is entered.
Send Cash Functionality
18.1 By using the Send Cash Functionality service, the client acknowledges that a withdrawal of the remittance amount is deemed to be effected at the time of the client's request, subject to clauses 18.2.4 and 18.2.6 below.
18.2 The client acknowledges and agrees:
18.2.1 to take all reasonable precautions to prevent unauthorised use of the redemption code and shall notify Investec immediately if the mobile phone to which a redemption code was sent has been lost, stolen or malfunctions;
18.2.2 that the correct recipient's mobile phone number must be entered to ensure a successful allocation of the redemption code;
18.2.3 Investec cannot be held liable for any losses suffered as a result of:
184.108.40.206 an incorrect mobile phone number being entered by the client; or
220.127.116.11 the redemption code not being received as a result of the recipient’s mobile network not being available at the time that the redemption code is sent; and
18.104.22.168 the intended recipient not receiving the redemption code as a result thereof;
18.2.4 whilst Investec will assist as far as possible with the resolution of any queries, Investec shall not in any way be held liable if a merchant cannot perform or comply with the Send Cash Functionality as a result of the merchant's failure or malfunction of its systems or unavailability or lack of the requested remittance amount;
18.2.5 that Investec will charge the client a non-refundable fee and the client shall be liable for the fee regardless of whether the client cancels the redemption code before the remittance amount is redeemed or whether the remittance amount is redeemed by the recipient or should the redemption code expire. The fees charged will be debited from an account nominated by the client; and
18.2.6 that the redemption code will expire upon expiration of a certain time period, as advised by Investec from time to time, if not presented by the recipient at a merchant. In the event that the redemption code expires, the client will be refunded the remittance amount.
Things the client should not do
19.1 The client must not use online banking:
19.1.1 to do anything illegal or inconsistent with this agreement;
19.1.2 to seek to copy, reproduce, modify or tamper with Investec Online or the Investec App in any way;
19.1.3 on a device or computer which contains or is vulnerable to viruses or other damaging properties or which does not have up-to-date anti-virus, anti-spyware software, firewall and security patches installed on it;
19.1.4 in a way that could damage or affect Investec’s systems or security or interfere with other clients or users,
19.1.5 to restrict or inhibit anyone else’s use of online banking; or
19.1.6 to collect data from Investec or its systems or attempt to decipher any transmissions to or from the servers running any of the functions provided by Investec’s services.
Upgrades and availability
20.1 From time to time Investec may make changes to online banking (such as introducing new
features or making updates to the Investec App). Depending on the update, the client may not be able to use online banking until the client has updated their browser or software or downloaded the latest version of the Investec App.
20.2 The client may also need to agree to new terms if the client wants to continue to use online banking.
20.3 Investec will inform the client through Investec Online or the Investec App if there is a new version of the Investec App.
Termination, suspension or withdrawal of online banking
21.1 The client may terminate online banking by giving written or telephonic notice of termination to Investec.
21.2 Investec is entitled, at its discretion to terminate its online banking service to clients at any time Investec deems it necessary.
21.3 In order to protect the client and Investec, Investec is entitled to immediately suspend, withdraw or terminate all or part of online banking if –
21.3.1 online banking is being used contrary to this agreement;
21.3.2 Investec has reason to believe that online banking is being or may be used negligently, illegally, including Sanctioned Transactions, or fraudulently;
21.3.3 Investec believes that the security of online banking may be compromised.
21.4 The client shall be liable for all transactions and/or obligations and related charges which are incurred up to and including the date of suspension, withdrawal or termination.
21.5 Access to online banking will terminate automatically upon termination / closure of the account to which it is linked.
Limitation of liability
22.1 Except to the extent that Investec is proven to have acted fraudulently or with gross negligence, and to the extent permissible in law, Investec shall not be liable for direct, indirect, special, incidental or consequential loss or damage which the client may suffer or incur as a result of –
22.1.1 any malfunction or defect in the hardware, software or device or service used by the client in connection with online banking;
22.1.2 non-delivery or delayed delivery of notifications;
22.1.3 unlawful or unauthorised access to online banking by third parties;
22.1.4 failures or delays caused by third party service providers;
22.1.5 malfunctioning of any system or network which is beyond the reasonable control of Investec;
22.1.6 online banking being temporarily unavailable;
22.1.7 erroneous, unauthorised or unlawful instructions provided or deemed to have been provided by the client;
22.1.8 any other circumstance not reasonably within Investec's control.
22.2 The client hereby indemnifies Investec against any damage, loss and/or consequential loss that Investec may suffer as a result of a breach by the client of this agreement, or as a result of incorrect, unauthorised and/or unlawful instructions or information given by the client, provided that Investec did not act fraudulently or with gross negligence.
Notices and domicilium
23.1 The residential address provided by the client in respect of the account (or, if the client has more than one account, the residential address provided in respect of any one of them, at Investec's election) will be the client's chosen domicilium citandi et executandi ("domicilium") (i.e. the address at which all notices for purposes of legal process in terms of the agreement may be served on or delivered to the client).
23.2 The client may, by written notice to Investec, change his domicilium to any other physical address in South Africa or email address. Any such change of domicilium will only be effective 14 days after the date on which Investec receives the notice.
23.3 Investec will deliver all notices to the client by prepaid registered post, ordinary mail, email, printable web-page or delivery by hand to the client's domicilium, subject to the NCA to the extent that the NCA applies.
23.4 Any notice to the client by Investec may be addressed to the client at his chosen domicilium and will be deemed (unless the contrary be proved) to have been received by the client on the 10th day after posting or on the same day if delivered during ordinary business hours by hand or sent to the client's chosen email address or transmitted by printable web-page (if applicable).
23.5 All and any notices or communications by the client to Investec must be in writing and sent by prepaid registered post or by hand to Investec’s head office at 100 Grayston Drive, Sandown, Sandton.
23.6 Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by the client or Investec will be adequate written notice or communication.
24.1 Should the client breach any term of or fail to perform any of its obligations in terms of this or any other agreement that it may have with Investec, Investec will be entitled, without notice, to cancel this agreement and withdraw the services with immediate effect, without prejudice to its rights to recover:
24.1.2 any amounts due to Investec in terms of this agreement; and
24.1.3 any loss or damage suffered by Investec as a consequence of the breach by the client of any term of this agreement or the cancellation of this agreement or the withdrawal of the services.
25.1 The client may not cede, assign, make over or transfer any of the client’s rights or obligations in terms of this agreement, without Investec’s prior written consent. Investec may cede, assign, make over or transfer any of its rights and obligations in terms of this agreement, without notice to the client.
25.2 Notwithstanding anything to the contrary in the agreement, Investec shall be entitled to amend this agreement and any aspect of online banking from time to time by giving the client reasonable prior notice of any such change.
25.3 The client agrees to implement and adhere to any procedures and/or restrictions imposed by Investec from time to time in respect of online banking.
25.4 No amendment or consensual cancellation of the agreement by the client and no settlement of any dispute arising under the agreement and no extension of time, waiver or relaxation or suspension of any of the terms and conditions of the agreement or any estoppel against Investec shall be binding on Investec, unless recorded in a written document signed by Investec and the client. Any such extension, waiver, relaxation, suspension or estoppel which is so given or made shall be strictly construed as relating only to the matter in respect whereof it was made or given.
25.5 This agreement shall in all respects be governed by the laws of the Republic of South Africa.
25.6 To the extent permissible in law, the client hereby consents and submits for purposes of Investec taking legal steps to enforce any of its rights in terms of the agreement, to the jurisdiction of any division of the High Court. This does not prevent Investec from bringing legal proceedings in any court that has jurisdiction.
For more information please contact the global Client Support Center on +27 11 286 9663 / 0860 110 161 or our website www.investec.com.