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Electonic Instruction Indemnity

The document outlines an Electronic Instruction Indemnity agreement between an individual or entity and The Standard Bank of South Africa, limiting the Bank's liability for errors or delays in processing electronic instructions. It states that the Bank will not be liable for losses unless caused by gross negligence or fraud, and the individual or entity agrees to indemnify the Bank against any claims arising from such instructions. Additionally, it emphasizes the risks associated with electronic communications and the need for adherence to Bank-imposed procedures.

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0% found this document useful (0 votes)
12 views2 pages

Electonic Instruction Indemnity

The document outlines an Electronic Instruction Indemnity agreement between an individual or entity and The Standard Bank of South Africa, limiting the Bank's liability for errors or delays in processing electronic instructions. It states that the Bank will not be liable for losses unless caused by gross negligence or fraud, and the individual or entity agrees to indemnify the Bank against any claims arising from such instructions. Additionally, it emphasizes the risks associated with electronic communications and the need for adherence to Bank-imposed procedures.

Uploaded by

tshepisowest25
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Electronic Instruction Indemnity

Please consider the clauses below carefully as they limit the Bank’s liability and constitute an assumption of risk by you

(Individual or entity name) _____________________________________________________________________________________________________


(identity or registration number) _______________________________________________________________________________________________

(you/your/yours), herein represented by (not applicable for individuals) __________________________________________________________________

and/or ___________________________________________________ in his/her/their capacities as ___________________________________________

/ _______________________________________________________ of the above-named entity and who are respectively duly authorised by a resolution
passed at ______________________________________________________ on ________________________________________________________ ,

(an original and/or a certified copy of which is attached hereto), has 2 agree that the Bank is not to be held liable for errors or delays in
requested The Standard Bank of South Africa Limited (Registration Number transmissions, or the misinterpretation on receipt of an Instruction,
1962/000738/06) (Bank) to act in accordance with any instructions, save for where the Bank has acted with gross negligence or willful
information, or other communications furnished to the Bank, or which misconduct or fraudulently through itself and/or its employees
reasonably appear to have been furnished to the Bank, transmitted via
3 waive any rights you may have or obtain now or in future against the
electronic means, including but not limited to emails and instructions
Bank arising directly or indirectly from any losses or damages which
processed on any digital media platform, by you or by any purportedly duly
you may suffer as a result of the Bank acting or declining to act
authorised third party on your behalf, to the Bank (Instructions).
(wholly or in part) on any Instruction, and you agree to indemnify
You hereby authorise the Bank to accept and act on any Instruction/s which the Bank in respect of any claims, demands or actions made against
the Bank would ordinarily accept if the Instructions were presented in an the Bank or losses or damages suffered by the Bank because it so
original written format. acted or declined to act, excluding losses arising solely and
exclusively from the gross negligence or fraudulent acts of the Bank
The Bank will not accept responsibility for any loss (consequential or
and/or its employees;
otherwise) incurred by you as a result of the Bank acting or declining to
act (wholly or in part) on Instructions which the Bank believes to have 4 agree that in respect of Instructions regarding the transfer of money,
emanated from you, and you hereby waive any and all claims you may whether the transfer is from any account in your name to any other
have now or in future against the Bank arising directly or indirectly from any account in your name or to any account in the name of any third party
losses or damages which you may suffer as a result of the Bank acting or at any branch of the Bank or at any branch of any other bank, same
declining to act (wholly or in part) on any Instruction. day value may only be given if the Instruction is received by the Bank
before the relevant cut-off time;
You acknowledge that electronic media such as emails and digital platforms
are not secure or error-free channels of communication and acknowledge 5 agree to implement and adhere to any procedures and/or restrictions
that it is not practical for the Bank to establish or verify the authenticity of imposed on you by the Bank from time to time regarding the sending
all Instructions. The fact that any Instruction (including email and digital of Instructions to the Bank;
Instructions) may later be shown to be in any way false, inaccurate,
6 agree that the Bank will not be obliged to act on any Instruction and
unauthorised or otherwise not authentic, will not be an impediment to the
that it may at any time on written notice sent to you at:
Bank’s rights in terms of this Electronic Instruction Indemnity.
Email address __________________________________________
You acknowledge that the Bank is prepared to act on Instructions which
Postal address _________________________________________
purport to emanate (come from) you, or from any purportedly duly authorised
withdraw from the arrangements envisaged in this Electronic
third party on your behalf, provided that it receives this Electronic Instruction
Instruction Indemnity.
Indemnity accepted and signed by you.

You:

1 agree that Instructions transmitted to the Bank may, as a result of the


malfunction of equipment, the distortion of communication links and
the like or for any other reason, be different to that intended or sent
and you shall be bound thereby;

Signed at on this day of 20

For and on behalf of

Name Authorised Signatory

Name Authorised Signatory

00156789 2020-02 The Standard Bank of South Africa Limited (Reg. No. 1962/000738/06) An authorised financial services and registered credit provider (NCRCP15). Page 1 of 2
RESOLUTION
(applicable to entities only)

At a meeting of the Board of Directors/Members of/Trustees of

(Entity number _______________________________________ ) (Entity)

held at ______________________________________________________________ on the ____________________________________ 20 ________

IT WAS RESOLVED:
1 that whereas the Entity has requested The Standard Bank of South Africa Limited (Registration Number 1962/000738/06) (Bank) to act on
Instructions transmitted by the Entity, or by any purportedly duly authorised third party on behalf of the Entity, to the Bank electronically, for example
by way of an email message;

2 that the Entity sign an Electronic Instruction Indemnity (Indemnity) in favour of the Bank which Indemnity has been submitted to and approved at this
meeting; and

3 that the specimen signature(s) of the authorized signatory/ies below are the true and correct signatures of the persons listed below, being the
persons authorized by the Entity to sign the Indemnity in behalf of the Entity.

Name of Signatory Position Signature

Duly signed and certified by the chairperson of the meeting or Company Secretary, as a true extract and reflection of the proceedings of the meeting.

CERTIFIED A TRUE COPY

OR
Chairman of the Meeting Company Secretary

Date (YYYY-MM-DD)

[ALTERNATIVELY]
All directors / a majority of directors of a company must sign this resolution.
All members of a close corporation (CC) or all trustees of the trust must sign this resolution unless we have verified that the association
agreement for the CC or trust deed for the trust provide otherwise.

Director/Member/Trustee 1

Full name Identity number Date (YYYY-MM-DD) Signature

Director/Member/Trustee 2

Full name Identity number Date (YYYY-MM-DD) Signature

Director/Member/Trustee 3

Full name Identity number Date (YYYY-MM-DD) Signature

Director/Member/Trustee 4

Full name Identity number Date (YYYY-MM-DD) Signature

*Delete whichever is not applicable


00156789 2020-02 Page 2 of 2

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