Business Client Agreement – Relationship Banking

Confidential

This Agreement is between us, Absa Bank Limited and you, our Business Banking client. If you are an individual, you are acting in your business capacity.
This Agreement covers all our Business Banking products and services, except our Vehicle Finance, Commercial Asset Finance, Fleet Cards and
Fleet Services. Some products and services require an additional agreement to be read with this Agreement.
This Agreement does not cover our Personal, Corporate, or Investment Banking products and services.
By taking up or continuing to use our Business Banking products and services, you agree to the terms set out in this Agreement.
We will provide information to you about the prices, benefits and any limitations of our products and services before you agree to take them.
Important information about the National Credit Act 34 of 2005 (“NCA”)
The NCA applies to your credit facilities if you are any of the following:
• an individual;
• a stokvel;
• a trust that is not a juristic person; or
• a juristic person that is not an organ of state, if, according to what you tell us when you apply for credit:
• your annual turnover is less than R1 million; or
• your asset value is less than R1 million,
including any other juristic persons to whom you are related and your credit agreement is not a ”large agreement” (meaning it is not a mortgage
agreement or one for a principal debt equal to or exceeding R250 000).
The National Credit Regulator changes financial thresholds referred to above from time to time.
You are “related” to another juristic person if one has direct or indirect control over the whole or part of the other or a person has direct or
indirect control over both of them.
Some parts of the NCA do not apply to juristic persons. Under the NCA (only):
• a juristic person includes a partnership, association or other body of persons, corporate or unincorporated;
• a trust is a juristic person if it has three or more individual trustees or a juristic person as trustee; and
• a stokvel is not a juristic person.
In this Agreement, we refer to you as:
• an NCA client when the NCA applies to credit facilities that we may grant to you; and
• an NCA juristic person when you are an NCA client and a juristic person under the NCA.
Your risks
Please pay extra attention to text highlighted in a box like this to emphasise a risk that we want to draw your attention to.
Parts of this Agreement
1 Bank accounts
2 Your banking
3 Credit
4 General.
1 Bank accounts
This Part 1 of the Agreement applies to your bank accounts, including current, savings and investment accounts. In this Agreement, “your
Account” refers to any bank account that you have with us.
Account statements
We make Account statements available to you, which are the official record of your Account. You agree to check them promptly and to
let us know if you think anything may be incorrect by contacting your Banker, any of our branches or our Call Centre number. We make
statements available by electronic means, such as email or on our Banking App, unless we agree with you otherwise.
Fees
You agree to pay fees which, depending on the features of your Account and the products and services that you take up, may include:
• a monthly fee;
• fees for transactions on your Account;
• fees for administrative services that you require in relation to your Account; and
• fees for other products and services that you take up.
Fees are charged to your Account either at the time of a transaction or monthly in arrears.
We offer a range of Accounts with different price and benefit options.
You can access our pricing guide on our website at absa.co.za or by enquiring at one of our branches.
We can change our fees for your Account or a product or service that you have taken up by notifying you in writing at least
20 (twenty) business days before the change takes effect.
Savings and Investment Accounts
Terms relating to savings and investment Accounts are set out in the relevant product agreement or term sheet. Interest rates (except
for Islamic Accounts) are provided to you when you open an Account.
Absa Bank Limited Reg No 1986/004794/06
Authorised Financial Services Provider Registered Credit Provider Reg No NCRCP7 Absa 7231 EX (29/07/2021)
 Debit balances
Your risk of a debit balance
A debit balance can arise on your Account when you do not have a credit facility if:
• your credit balance is insufficient to pay our fees or interest when they are debited to your Account; or
• other debits passed to your Account exceed your credit balance (e.g. we allow a payment through to assist you although your
credit balance is insufficient or we reverse a credit made to your account in error).

If we have not granted credit on your Account you agree to maintain a credit balance. If you would be an NCA client if we were to grant you
a credit facility and a debit balance arises on your Account, the debit balance is a debt immediately due from you to us. You agree to pay it
off straight away. We are not allowed to grant you an informal credit facility. You can ask us for a credit facility, but we must comply with
the requirements of the NCA before granting credit to you. If you would not be an NCA client if we were to grant you a credit facility and a
debit balance arises on your Account, we may, in our sole discretion, allow you to have a debit balance within a limit and for as long as
appears appropriate to us as an informal credit facility to assist you on a short-term basis. You agree to pay interest and/or fees on any
debit balance that arises as specified in the Pricing guides. Interest is charged on a debit balance daily at midnight and is debited to your
Account monthly in arrears. Fees are debited at the time of the transaction to which they relate or monthly in arrears.
Charges to other accounts
If you fail to pay any credit agreement instalments when due, you authorise us to use amounts that you have available in any of your
bank accounts, now or in the future, to pay such arrear amounts.
Dormant accounts
If you do not use your Account for a period of up to 90 (ninety) days, it may become “dormant”. This means that you will not be able to
use the Account or access any credit balance in your Account. To access a dormant Account or claim any credit balance in the Account,
you will have to contact us through our Call Centre or visit any of our branches. We may ask you for information and documents to
support your claim. We will give you at least 1 (one) month’s written notice before your Account becomes dormant. When you claim a
dormant balance, we will add interest to your balance if it would have earned interest had your Account not become dormant. If the
interest terms that last applied before your Account became dormant have ceased to be offered, the amount of interest will be the
amount that we paid on similar accounts and balances in the relevant period.
Closing your Account
Unless an agreement relating to a particular product or service says otherwise, you can close your Account at any time provided that
you first settle any debit balance owing.
Shari’ah accounts and products
If your Account or banking product is Shari’ah compliant (an Islamic account or Islamic product):
• it will be based on Shari’ah principles and approved by the independent Shari’ah Supervisory Board;
• we will use deposits received in compliance with Shari’ah principles;
• overdrafts are not permitted;
• you will not earn interest;
• we will not charge interest; and
• you authorise us to dispose of any involuntary income that is not permitted under Shari’ah law in accordance with Shari’ah principles.
Amounts credited to your Account that do not belong to you
If your Account is credited with an amount that does not belong to you, you agree:
• to tell us straight away;
• not to withdraw or spend it and that if you do, you have to pay it back to us; or
• that we can debit your Account with the amount that does not belong to you credited to your Account (whether or not you have
spent or withdrawn it).
2 Your banking
This Part 2 of the Agreement applies to the different ways you carry out your banking. Depending on the features of an Account and
products and services that you take up, you may use:
• a debit card to transact on your Account;
• a credit card to carry out transactions using a credit facility;
• eBanking to access and transact on your Account electronically via the internet or cellphone or by using an application on a
smartphone, tablet or similar device (excluding online services provided by our corporate and investment banking division);
• CashSend Plus to transfer money within South Africa to a recipient who withdraws the money at one of our ATMs;
• Telephone Banking to make enquiries and give us instructions for transactions by telephone, including interactive voice response self-service;
• a Garage card linked to your bank account or to your credit card account to carry out transactions related to fuel, parts, tollgates and
services; and
• Notification services.
If you have a credit card, you will also be required to enter into a credit card facility agreement with us.
In this Part, we refer to debit and credit cards (and garage cards where relevant) as “your Card” and the term “Account” includes a credit card account.
Your Card
You can use your Card to withdraw cash, deposit money, transfer money and pay for goods and services where your Card is accepted as
a means of payment. When your credit card facility agreement ends or your Account to which your debit card is linked is closed you
agree to destroy the Card by cutting it up. See below the risks to you of someone using your Card, including one that you fail to destroy.
Authorising Card transactions
You authorise Card transactions in your presence by presenting your Card and signing a transaction slip, by presenting your Card and
entering your personal identification number, called a PIN, into a point-of-sale terminal, by presenting your Card or cellphone and
tapping it on a point-of-sale terminal or accepting the transaction on your cellphone.

Risk of Card transactions authorised remotely

You authorise Card transactions remotely without presenting your Card (e.g. by telephone or over the internet) by providing your Card
number, its expiry date and its security number. This carries a higher risk of fraud and disputes than when you authorise Card
transactions in your presence.
Keeping your Card secure
You agree:
• to sign your Card on the signature strip on the reverse side as soon as you receive it;
• not to allow anyone else to use your Card; and
• to keep your Card securely in your possession.
eBanking
eBanking enables you to transact on your Account via the internet or cellphone and by using an application on a smartphone, tablet or
similar device, which you may need to upgrade from time to time to continue to access eBanking.
CashSend Plus
CashSend Plus enables you to transfer money within South Africa via eBanking or at one of our ATMs to a recipient with a South African
cellphone number, who withdraws the amount transferred at one of our ATMs. If the recipient does not withdraw the money within 30
(thirty) days after you make a transfer, the amount you intended to transfer will be credited back to your Account, without interest.
Notification services
We use Notification services to notify you of your balance and transactions on your Account when we become aware of them (which
may not be on the same day as the transaction occurred).
Your PIN, password and CashSend Plus code
We give you a PIN to help prevent anyone else from using your Card or accessing your Account via eBanking or Telephone Banking.
You also choose a password to help prevent anyone accessing your Account via eBanking. For certain services or transactions, we may
also use extra security measures or procedures (e.g. a random verification number or “RVN”). You agree not to disclose your PIN,
password or RVN (if applicable) to anyone. When you use CashSend Plus to transfer money, the recipient withdraws it from one of our
ATMs by entering the amount, a reference number that we send by SMS and an access code that you select. You agree not to share the
amount of the transfer or the access code with anyone other than the recipient. It is your responsibility to provide the correct
cellphone number for our SMS.

When you Account is at risk

The security of your Account is at risk if:
• you lose your Card, it is stolen or if someone else uses it; or
• someone knows your PIN or eBanking password.
You agree to tell us straight away if the security of your Account is at risk by calling us on 0860 557 557 and to retain the reference
number that we give you.
If what you tell us indicates that your Card is at risk, we will cancel it. If what you tell us indicates that your eBanking or Telephone
Banking is at risk, we will suspend your service.

Risks of someone else using your Card, eBanking or Telephone Banking – 1

If someone uses your Card or accesses your Account via eBanking or Telephone Banking before you have told us that your Account is at
risk, you will be responsible for all expenditure incurred on your Card and all transactions on your Account by eBanking until you tell us
that your Account is at risk.

Risks of someone else using your Card, eBanking or Telephone Banking – 2

If someone uses your Card or accesses your Account via eBanking or Telephone Banking after you have told us that your Account is at risk,
you will be responsible for all expenditure incurred if and to the extent that:
• you used your Card, eBanking or Telephone Banking;
• allowed your Card or eBanking to be used by someone else;
• you were careless about the security of your Card or your PIN or your eBanking password and this contributed to your Card,
eBanking or Telephone Banking being used by someone else; or
• you accessed eBanking using a device which has had its security features tampered with or disabled.

We may set limits on the value of transactions permitted on your Card or via eBanking and Telephone Banking. You may set lower limits
for your protection or set or ask us for higher limits.
Card, eBanking and CashSend Plus payments
There are limited circumstances in which you may be able to reverse payments for goods and services that you have paid for using your
Card, subject to card issuer rules.

Risk of making incorrect eBanking and Telephone Banking payments

We cannot cancel or reverse eBanking, Telephone Banking payments or prepaid purchases (e.g. prepaid electricity or airtime) even if
you enter or give us an incorrect amount, account number or branch clearing code or cellphone number. You acknowledge that we
do not check whether the beneficiary details that you enter or give us are correct.

Risk of someone other than the intended recipient receiving your CashSend Plus transfer
We cannot cancel or reverse CashSend Plus transfers. The person who knows the amount of the transfer, the reference number that
we send by SMS and the access code that you select can withdraw the amount transferred. This could happen, for example, if you
give us the wrong cellphone number for our SMS and send the amount of the transfer and access code to the same number.

If you fear that someone other than the intended recipient may be able to withdraw your CashSend Plus transfer, you can cancel the
transfer before the money is withdrawn using the channel (eBanking or ATM) that you used to make the transfer.
Automated records of your Card transactions
When you use your Card in a machine (e.g. ATM or point-of-sale terminal) it makes a record of the transaction and passes the payment
information to be debited or credited to your Account. You agree to rely on this automated process unless you can show on reasonable
grounds that the transactions appearing on your account statements are incorrect.
 Additional users
We may, at your request, issue additional Cards or eBanking access to allow others to transact on your Account. This Agreement applies
to any additional Cards that we issue and any additional eBanking or Telephone Banking access that we allow at your request. You
agree that you are responsible for ensuring that any additional Card that we issue or eBanking or Telephone Banking access that we
allow is used in accordance with this Agreement. Additional users on eBanking have their own PINs and passwords. They have
unrestricted authority to transact on your Account, unless you instruct us to limit their authority when we issue the additional eBanking
access or subsequently.

Risk of additional users

You are responsible for all expenditure that is incurred on any additional Card or by any additional eBanking access or Telephone
Banking as if it was on your Card or your eBanking or Telephone Banking access.

Gambling and lotteries

To comply with South African lotteries and gambling laws, you agree not to use your Account to participate in lotteries organised
outside South Africa or gambling activities that are not authorised under South African gambling laws or internet gambling. We will
report your transactions involving these activities to the South African authorities.
Using your Card, eBanking, Telephone Banking and Notification Services outside South Africa
If you use your Card, eBanking and Telephone Banking functionality outside of the Common Monetary Area ("CMA"), comprising of South
Africa, Namibia, Lesotho and Eswatini, you will have to comply with the relevant exchange control regulations. In this regard, you warrant to
Absa that you will not use your Card, eBanking and Telephone Banking in any manner that would result in a contravention of the relevant
exchange control regulations, requirements and restrictions. You will be responsible for any consequences arising out of your non-compliance
with the relevant exchange control requirements. Please note that Absa is required by law to report transactions occurring within and outside
of the CMA to the South African Reserve Bank and the Financial Intelligence Centre. If you use your Card, eBanking and Telephone Banking
functionality to withdraw cash or make a payment in a currency other than South African rands, the cash withdrawal amount or
payment will be converted into South African rands at our prevailing rate for Business Banking clients at the time that the transaction
is processed to your Account, unless we have agreed on a different rate with you. You may be charged a fee for the currency
conversion, which will be added to the transaction amount. If you choose SMS as a channel for Notification Services, you will only
receive messages outside South Africa if you have international roaming services with your cellphone service provider. The
authorisation amount received via Notification Services for a Card transaction in a foreign currency may differ from the amount
reflected on your statement because of changing exchange rates and currency conversion fees.
Ending your Cards, eBanking, Telephone Banking and Notification Services
You can tell us at any time that you no longer want to use the eBanking, Telephone Banking or Notification Services. Your debit card,
eBanking and Notification Services end automatically when the Account to which they are linked is closed. Your credit card ends
automatically when the credit card facility to which it is linked ends.
Stop orders and Debit orders
You may choose to make regular payments to a service provider or a credit provider (“third party”) by means of a Stop order or a Debit order.
A Stop order is an instruction given by you to us directly to pay a specific amount to a third party on a regular basis. We act on your
instructions and the third party is not given authority to debit your account. You can instruct us to cancel the Stop order at any time. A
Debit order is an agreement between you and a third party in which you authorise the third party to collect payment from your account by
means of a debit against your account. You should report any disputes relating to a Debit order payment to us immediately. In some
instances, you may stop future payments of a specific Debit order by requesting us to place a stop payment instruction on your
account. Placing a stop payment will only apply temporarily and does not stop your obligations to make payment in terms of your
contract with the third party. It is best that you cancel the Debit order instruction with the third party. In some instances, depending
on the date of the Debit order transaction, you may dispute Debit order transactions that have already been debited to your account.
If we determine that the Debit order was not authorised by yourself, we may reverse the transaction(s). We may charge a fee for
processing your instruction to stop a payment or processing your dispute of a Debit order. Stopping or disputing a valid Debit order
may result in a negative impact of your credit profile or legal action by the third party against you. We will not be held responsible if
you incur any loss when placing a stop payment instruction or disputing a valid Debit order on your account.
3 Credit
This Part 3 of the Agreement covers credit that we grant you if you are an NCA client. There will also be a combined quotation and credit
agreement to be read with this Agreement.
Using your credit
You agree to use your credit for the purpose stated in your application. If your credit is to pay off one or more debts, you agree
that we will pay off those debts on your behalf before you will be able to draw your new credit facility from us.
Credit reporting and information sharing
Under credit reporting requirements we communicate to credit bureaus details of:
• your application for a credit, the provision of credit to you, its termination; and
• any failure on your part to comply with your obligations under a credit agreement.
Credit bureaus maintain and provide to others a credit profile about you and possibly, a credit score on your creditworthiness.
You have the right to contact credit bureaus to have your credit record disclosed and to correct any inaccurate information.
Debt counselling
If you are an individual, a stokvel or a trust with less than three trustees, none of whom is a juristic person (i.e. you are not an
NCA juristic person) and you experience difficulty in meeting your financial obligations under your credit agreement, you have
the right to apply to a debt counsellor for a declaration that you are over-indebted and for rearrangement of your financial
obligations under the credit agreement.
If the debt counsellor determines that you are over-indebted, the debt counsellor will propose a rearrangement of your
financial obligations. If we agree with the proposal, your financial obligations under the credit agreement will be rearranged
under a Magistrate’s Court/National Consumer Tribunal order. If we do not agree to the proposal, the debt counsellor will refer
it to a Magistrate’s Court/National Consumer Tribunal, which may exercise its power to rearrange your financial obligations
under the credit agreement.
 Default
Subject to the terms of the credit agreement, at any time before we end the credit agreement, you may remedy a default by bringing
your financial obligations up to date. If you default under the terms of your credit agreement, before we take enforcement action against
you, we will notify you in writing (a “Default notice”) and allow you the opportunity to bring your financial obligations up to date, to seek the
assistance of a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction in order to resolve any
complaints or disputes. We may, not less than 20 (twenty) business days after the date of your default and not less than 10 (ten)
business days after we delivered the Default notice or Debt review termination notice to you, issue legal proceedings against you to
recover your debt under the credit agreement. We may also proceed to do so immediately if you fail to comply with a debt
rearrangement agreement or order. You will be in default if you fail to comply with any provision of your credit agreement. You are
entitled to choose whether to receive a Default notice by registered mail (“Option A”) or delivery to an adult at your residential (“physical”)
address (“Option B”). If at the time we issue a Default notice you have not recorded your choice with us, you agree that we can use Option A or
B and that we will use the last address information (“physical or postal”) that you have provided to us.
Collections costs
If you are in default under the terms of your credit agreement, we are entitled to collections costs/commission as follows:
• for a Default notice, the amount prescribed under the NCA;
• for work undertaken for us by registered debt collectors to recover your debt, amounts prescribed under the Debt Collectors
Act 114 of 1998; and/or
• for enforcement action to recover your debt, amounts prescribed under the Magistrates’ Courts Act 32 of 1944 or the Superior
Courts Act 10 of 2013.
You also agree that we are entitled to recover from you the fees and commissions that attorneys charge us on an attorney/client basis:
• for collections work as prescribed under the Legal Practice Act 28 of 2014; and
• for legal proceedings to recover your debt.
You agree that we may debit all collections costs, fees and commissions described in this paragraph to the Account upon which the
relevant default has arisen and that they will be added to and form part of the outstanding balance.
The collections costs, fees and commissions described in this paragraph are referred to as “costs” in our credit agreements.
4 General
Your contact details
You agree always to provide to us:
• your current residential (physical) address (and a PO box number as your postal address if you do not want mail delivered to your
physical address);
• a functioning telephone number at which we can reach you; and
• a functioning email and cellphone number if you have a product or service that requires them.
You agree that we may use any of the contact details that you have last provided to us for all legal notices that we may send to you.

Contact details – your risk

If you do not keep your contact details up to date and ensure any cellphone number or email address that you have provided to us is
functioning, you risk not receiving important communications from us that may affect your legal position.

Delivery of communications
You agree as follows:
• When we send items to you by post they are deemed to be delivered within 4 (four) days after the date of posting (the “Post delivery
period”) and when we send you emails, SMSs or other electronic messages, they are deemed to be delivered by the end of the day after
we send them (the “Electronic communication delivery period”), unless you can on reasonable grounds show otherwise,
• if
you say that you did not receive a communication from us or received it later than the Post delivery period in the case of an item
sent by post or the Electronic communication delivery period in the case of an email, SMS or other electronic communication and
you cannot show on reasonable grounds that you kept your contact details up to date and ensured any cellphone number or email
address that you have provided to us was functioning at the relevant time,
• then
where this Agreement and our agreements for particular products and services provide for us to notify you of something in writing that
takes effect on delivery of the notification or when a period has elapsed after delivery of the notification, the notification will take effect
in accordance with the Post delivery period or the Electronic communication delivery period, as applicable.
Purpose for which you use our products and services
You agree only to use our products and services for the purposes of your undertaking and to use your credit only for the purposes
that you declare when asking us for it.
Business days
In this Agreement and our agreements for particular products and services, the term “business day” means any day other than a
Saturday, Sunday or public holiday in South Africa.
How we treat your personal information
We collect and process your personal information to enable us to provide you with products and services, among other things and we
may share it with:
• the Absa Group, its service providers and other third parties to comply with our regulatory obligations;
• any party to whom we assign our rights under this Agreement or any of our agreements for products and services; and
• credit bureaus where credit products are applied for by you.
All the personal information we share is subject to our privacy and security requirements and we are responsible for ensuring that
your personal information is processed lawfully and in a reasonable manner that does not infringe your privacy rights. We may make
automated decisions based on your personal information and should you be unhappy with the outcome, please feel free to contact us.
We will notify you if we intend using your personal data for other purposes.
We use your personal information to tell you about products or services that may interest you. We may contact you via SMS, email,
telephone or post. If you do not wish to receive direct marketing communication, you can update your preferences via our website,
banking app or at your nearest branch.
We will keep your personal information only for as long as the law requires us to. After this time, we will securely destroy or
de-identify this information.
You have the right to ask us for access to your personal information and to instruct us to amend and/or delete any personal
information or to object to us processing your personal information. You can also let us know if you want us to stop or to limit how we
use your personal information.
If you do not agree with how we use your personal information, you can lodge a complaint at actionline@absa.co.za
You can access our Privacy Statement on absa.co.za or at your nearest Absa branch.
Financial crime, international sanctions and prohibited business activity
We implement measures and operate controls relating to international sanctions, the detection and prevention of financial crime and
prohibited business activity both within and outside South Africa to comply with our legal and regulatory obligations. This may delay,
restrict or prevent us from providing our products and services to you or require us to terminate this agreement and our agreement
for particular products and services (subject to any restrictions imposed by law) without prior notice to you. For us to conduct client
due diligence, you agree to provide information and documents as requested, about the purpose of the account, yourself and your
banking transactions. Failure to provide the information may result in restriction or suspension of activity on your account. You agree
that we may restrict or suspend activity on your account, without prior notice, if we suspect that your account has been used for any
criminal activity.
Service outages
Our products and services rely on technological infrastructure (e.g. ATMs, point-of-sale terminals and computer systems). You
understand and accept that service outages occur. During a service outage, it may not be possible for you to use our products and
services and there may be delays in your transactions being processed and being reflected in your Account statements.
Our partners' services
We agree with commercial partners that they will provide complimentary services to you with some of our products and services or
that they will offer you their services on special terms. We may change, replace or discontinue these complimentary services and
special offers. Our partners are solely responsible for their services and their terms and conditions will apply.
Changing our agreements
We can change this Agreement by giving you reasonable written notice of the change before it comes into effect. Our branch and
contact centre employees do not have authority to change this Agreement or our agreements for particular products and services in
their interactions with you, except for authorised employees who may agree on the rearrangement of your financial obligations under
a credit agreement referred to in Part 3. Any change that our authorised employees agree with you must be recorded either
electronically or in writing. The changes that we can make to our product and service agreements and the manner in which changes
are made may be prescribed or limited by law; details are set out in the agreement for the particular product or service. If you
continue to use a product or service after a change comes into effect, the change will apply to you.
Physical items supplied to use our products
If we supply you with a physical item to enable you to use a product or service (e.g. credit card or debit card) which is defective, we will
replace it. This paragraph does not apply to goods that we finance under a credit agreement (e.g. motor vehicle).
Duration of this Agreement
This Agreement will continue while you have one or more of our products or services. After you have ceased to have a product or service
from us, your obligations under this Agreement will continue until you have paid all your outstanding financial obligations to us. We can
end this Agreement and (subject to any restrictions imposed by law) our agreements for particular products and services with
reasonable prior notice to you if we find that you have given us materially inaccurate information about you or it is otherwise
necessary to protect our interests. Our obligations to you under this Agreement relating to how we treat your personal information
and your Account if it becomes dormant, continue after you have ceased to have a product or service from us.
When we do not use our rights
If we do not always use all our rights, it does not mean we have given them up.
Transferring agreements
We may transfer our rights and obligations under this Agreement and our agreements for particular products and services to third
parties. This Agreement and your product and service agreements are personal to you and you may not transfer them to anyone else
without our written consent.
If you do not comply with the terms of this Agreement
If you do not comply with the terms of this Agreement, we may:
• terminate any informal credit facility that we have allowed you under Part 1 (as a client whose credit facilities would not,
if expressly granted, be subject to the NCA) by notice in writing, requiring you to repay the whole outstanding balance on your
Account with continuing interest and fees by the date specified in the notice;
• take action against you for the recovery of any outstanding debt owed by you to us;
• end our services covered in Part 1 (Bank accounts) and Part 2 (Your banking) by written notice to you, taking effect on delivery of
the notification; and/or
• end our agreements for particular products and services as set out in the relevant agreement.
Commencement
This Agreement comes into effect when we first deliver it to you or receive your confirmation that you have accepted this Agreement,
whichever occurs first (the “Commencement date”).
Application of this Agreement to products and services taken up before the Commencement date
This Agreement replaces the terms and conditions that applied to products and services covered in Part 1 (“Bank accounts”) and Part 2
(“Your banking”) that you took up before the Commencement date.
This Agreement does not apply to:
• credit agreements, loans and credit facilities (whether or not regulated by the NCA) entered before the Commencement date; or
• other products and services that you took up before the Commencement date that are not covered in Part 1 (“Bank accounts”)
and Part 2 (“Your banking”) of this Agreement.
Conflicts
If there is a conflict between the terms of this Agreement and the terms of an agreement for a product or service taken up after the
Commencement Date, the terms of an agreement for a product or service taken up with us will prevail.
 Certificates
A certificate provided by one of our managers is sufficient evidence of any amount that you owe us as well as for all other legal purposes. A
certificate provided by the administrator maintaining our digital content that you access via the internet is sufficient evidence of the
version of the content as at a stated date and time.
Governing law
This Agreement and our agreements for particular products and services are governed by the laws of South Africa.
Complaints and dispute resolution
If you have a complaint or a dispute with us, including if we have breached the terms of this Agreement you can:
• complain to us (Complaints line 0800 414 141);
• seek assistance from the Ombud responsible for banks on 0860 800 900 (sharecall) and +27 11 712 1800; or
• seek assistance through the courts in South Africa.
If you are an NCA client, disputes and complaints about a credit agreement can also be resolved by:
• seeking resolution of a dispute by alternative dispute resolution under the NCA;
• filing a complaint with the National Credit Regulator; or
• applying to the National Consumer Tribunal.
Important contact details
Lost/stolen card or PIN: 0800 11 11 55
National Credit Regulator: 0860 627 627
National Consumer Tribunal: +27 12 394 1450
Credit bureau (TransUnion: 0861 482 482 or Experian: 0861 105 665).
Language Statement
This Agreement includes both the English and translated version in your language of choice. In the event of conflict, the English version
will apply.
5 Electronic instructions
If you have indicated in your application form, we will act on instructions received from you by email, facsimile, telephone or scan and mail
(“electronic instructions”). If we do so, you accept all the risks associated with electronic instructions and hold us harmless should you suffer
any loss or damage because of any electronic instructions you have given us. The risks you accept are amongst others, fraud, unauthorised
transmission, delays and errors in transmission and receipt, failure of any transmission for whatever reason, failure to view any transmission
for any reason and because of anti-spam programmes. Our Retail International Banking Division does not accept any telephonic instructions.
If we accept your electronic instruction, you agree that:
• we will not establish the authenticity of the electronic instructions you send or that of the sender;
• electronic instructions from or believed to be from your mandated officials or the email addresses you have provided us or notified us to
amend in the application form, will be treated as electronic instructions from you; and
• you will put the appropriate procedures and restrictions in place to enable you to manage all electronic instruction given to us, the
internal use of emails, facsimile and/or telephone.
We can withdraw from accepting your electronic instructions and if we do so we will notify you in writing. If we withdraw from accepting your
electronic instructions the withdrawal will be effective from the date we have indicated in the notice.
You can ask us in writing to stop accepting electronic instructions you send to us and if you do so your instruction will become effective
2 (two) business days after we receive your request.

Signed at ________________________________________________________________________ on _______________________________________________

__________________________________________________________ _________________________________________________________
Signature on your behalf ID/Reg number of signatory

Signed at ________________________________________________________________________ on _______________________________________________

__________________________________________________________ _________________________________________________________
Signature on behalf of Absa Employee number