Terms and Conditions

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1. You can contact us in the following ways: 
- Email: customers@griffin.com 
- Support: support@griffin.com

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2. Our Business Day is a day when banks in London are open for business, other than a Saturday, Sunday or public holiday in England. Our business hours are the period from 9.00 am to 5.30 pm UK time on any Business Day.

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3. We may monitor and record any correspondence to check we have carried out your instructions correctly, to handle complaints, to help improve our service and to help prevent fraud or other crime.

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4. We will only correspond and communicate with you in English. We will only accept communications and instructions from you in English.

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5. Please refer to our Support Service Schedule for information on how we and our business partner provide support services to you.

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3. Contacting you

1. We may contact you or your Authorised Users by using any of the contact details you have given us verbally or otherwise in writing (including through our internet banking service, email, instant messaging or other digital communication). We may want to contact you or an Authorised User to tell you something about the Services or how you are running your Accounts. If you do not want us to contact you by email, text message or through our internet banking service, please let us know in writing. We will try to contact you in the way you prefer, but there may be times when we need to contact you by email, text message or through our internet banking service. 
2. An email, text or communication through our internet banking service is deemed to be received by you two (2) hours after the time we sent it (as recorded on the device from which we sent the email or text or issued the communication through our internet banking service). If the time of deemed receipt of any email, text or communication through our internet banking service is outside Business Hours, then it is deemed to have been received at the commencement of Business Hours on the next Business Day.
3. We will not be responsible to you if we act or fail to act on any incorrect or out-of-date information provided by you including incorrect contact details. 

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4. The Financial Services Compensation Scheme

1. Deposits held with us are covered by the Financial Services Compensation Scheme (“FSCS”) dependent on you being eligible. Information on eligibility is available on our website.
2. For more information about the compensation provided by the FSCS, please see the FSCS website at www.FSCS.org.uk.

5. Using our services

1. When using our Services, you shall: 
   (a) comply with the terms of this Agreement at all times; 
   (b) only use the Services for lawful purposes and must not use the Services in any way that breaches any applicable local, national or international law or regulation (including applicable Data Protection Laws) or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

6. Data privacy and your personal information

1. We are committed to protecting the personal information we hold about you and the people connected to your business. Our Privacy Policy describes how we collect, use and safeguard personal information when we act as a controller, with whom we may share it, and for what reason. Our Privacy Policy can be accessed at https://griffin.com/privacy. 
2. Where you are a business user, you and we act as independent controllers and Schedule 1 (Data Sharing Schedule) shall apply.
3. The expressions “controller”, “processor”, “data subject”, “personal data”, “personal data breach” and “processing” shall have the definitions given to them in the Data Protection Laws.

7. When we can suspend or end this agreement

1. We may suspend, withdraw, restrict, close or delay the use of Accounts or the provision of Services (in part or in whole) or end this Agreement (in part or in whole) with immediate effect if:
   - if you are no longer entitled to use the Account or receive the Services under the Underlying Agreement ; 
   - if an exit plan has been initiated under our contract with Haboo Money Limited.
   - we have reasonable grounds to suspect unauthorised, fraudulent or suspicious activity on, or involving your Account; 
   - we suspect that a mistaken payment has been made to or from your Account or we have received an unclear, erroneous or incomplete instruction in respect of your Account;
   - if we or our regulators have not received the information we need to meet our regulatory and legal requirements;
   - we, in our absolute discretion, consider it appropriate for your protection; 
   - we, acting reasonably, believe you have significantly or persistently breached the terms of this Agreement (or we reasonably believe that you would, if we did not suspend, withdraw, restrict, or delay the use of your Accounts or Services);
   - you are not eligible (or are no longer eligible) for an Account, service, or facility;
   - you fail to remain within our risk appetite; 
   - there are not enough funds in your Account to cover a requested transaction; 
   - we have been provided with false or misleading information, or have not received  the information requested for the purpose of the Agreement;
   - we suspect that you are, or may be, engaged in fraud, money laundering or terrorist financing activities (economic crime);
   - we suspect your Account may be involved with illicit activity, including but not limited to, fraud, money laundering (including tax evasion) or terrorist financing activities;
   - there is any dispute over your entitlement to any funds in your Account;
   - you have broken or are breaking the Law or we reasonably suspect you are or may break the Law, you are being investigated by any court, government, Regulatory Authority or you fail to meet any checks required by Law;
   - we are required to do so by Law, or any court, government or Regulatory Authority;
   - you are aggressive to our staff; 
2. We may end this Agreement, close an Account or stop providing a Service or other facility, at any time by giving you 90 days’ notice. We may provide you with information as to the reasons why we are closing an account or ceasing to provide Services, though there are circumstances where we are not able to do so.

8. Restrictions on claiming loss

1. Nothing in this Agreement excludes or limits our liability for death or personal injury resulting from our negligence; for fraud or fraudulent misrepresentation on our part; or for any other liability that cannot by law be limited or excluded. However, we will only be liable for losses incurred as a result of fraudulent activity:
   
   1. if it has resulted from a fraudulent act or omission on our part; or
   2. if we are required by applicable Law to reimburse that fraudulent payment.

If you are a consumer user, the following provisions will apply:

1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal data, we are not legally responsible for:
   1. losses that:
      1. were not foreseeable to us and you when the agreement between us was formed; or
      2. that were not caused by any breach on our part;
   2. business losses; and
   3. losses to non-consumers.
2. Subject to clauses 8.1 and 8.2, we will not be liable to you whether in contract, tort, misrepresentation, restitution, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of this Agreement for more than £250 per event or per a series of connected events, up to a maximum amount of £1,000 in any consecutive period of twelve months. We may however decide in our sole discretion and based on the facts of any incident or issue to pay out a sum in excess of either of these amounts if we consider it reasonable to do so in the circumstances.

9. What we are not responsible for

1. We shall have no liability for any failure to provide, or any delay in providing, or suspending the Services in accordance with the terms of this Agreement to the extent that such failure, delay or suspension results from:
   1. your failure to comply with your obligations under this Agreement, or to provide us with information or updates as reasonably required or requested by us;
   2. you or your Authorised Users providing us with incorrect payment instructions; or
   3. a pending investigation into any specific payment instruction or activity on the Account. For example, we may refuse to accept payment into an Account if such payment is subject to an investigation or there is any suspicion that the payment is fraudulent or in breach of applicable Laws.
2. You cannot recover any losses, costs, expenses or liabilities from us if we are unable to perform our obligations under this Agreement because that failure was reasonably beyond our control, including strikes, natural disasters, war, terrorism, unrest, or loss or malfunction of utilities or telecommunications.

10. Audit and monitoring

1. You acknowledge that we have the right to track and monitor your use of the Services.
2. If you are a business user, you shall allow us or our authorised representatives or agents to have access to your systems and records at reasonable times to conduct necessary audit to verify your compliance with this Agreement.

11. Changing this agreement

1. We will tell you about any changes to the terms of this Agreement, by giving you at least two months’ notice unless such changes are required to comply with or take account of changes to the Law. Note this clause does not apply to changes to the Services and rates.
2. If you are not happy with any changes that we plan to make, you can end this Agreement at any time within that two month notice period free of charge. If you do not end this Agreement before the proposed changes take effect, we will consider that you have agreed to the changes. 

12. Transferring rights and responsibilities

1. We may transfer all or any of our rights or responsibilities under this Agreement, but only to someone who we consider will treat you fairly and who is capable of performing our responsibilities under this Agreement. You acknowledge that we may subcontract the performance of our obligations in respect of any part of the Services from time to time.
2. You may not transfer any of your rights or responsibilities under this Agreement without our prior written consent.

13. How to make a complaint

1. Please contact Haboo Money Limited as the first point of contact who will follow our complaint procedures at https://griffin.com/complaints to promptly deal with any complaint from you in respect of your Account and Services.
2. We will handle complaints as a point of escalation following the procedures. If you don’t accept our final response, you can escalate your complaint to our Senior Independent Director (who is a non-executive director on our board). They will independently review your complaint and how we handled it. Then, if appropriate, they will act as intermediary on your behalf and work with us to find a better solution. If you remain unsatisfied with our response, you can refer complaints about bank accounts, payments, and other banking services to the Financial Ombudsman Service. You can contact them through their website: https://www.financial-ombudsman.org.uk/.

14. Miscellaneous

1. Nothing in this Agreement establishes any partnership, joint venture, agency or employment relationship between us and you. 
2. Only you and we (and our successors or assignors) may enforce the terms of this Agreement.
3. If any provision or part of this Agreement is or becomes invalid, illegal or unenforceable, it shall be considered modified to the minimum extent necessary to make it valid, legal and enforceable. 
4. We will not provide you with any tax, legal or investment advice with respect to any Account, service or facility. Please seek your own independent advice in relation to these matters. 
5. All terms continue to apply after this Agreement has ended except those requiring performance only during the duration of the Agreement.
6. This Agreement constitutes the entire agreement between us and you. Each party acknowledges that it has not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation, condition or warranty that is not expressly set out in this Agreement. 

15. Governing law

1. This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the law of England and Wales. 
2. If you are a consumer and want to take court proceedings, the relevant courts of the jurisdiction in which you live will have non-exclusive jurisdiction in relation to this Agreement. If you are a business user and want take court proceedings, only the courts of England and Wales shall settle disputes arising out of or in connection with this Agreement.

16. Special terms used throughout this document

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In this Agreement, we use certain terms that have a specific meaning. These are:

• ‍“Agreement” means these terms and conditions including the Schedules, the Service Terms and any documents incorporated by reference in these terms and conditions and the schedules;‍
• “Account” refers to any accounts that you hold with us. If you hold more than one account with us, when we refer to ‘Account’ we are referring to all your accounts with us;‍
• “Authorised Users” means, if you are a business user, any of your personnel who is duly authorised by you to access, use and give instruction in respect of your Account and the Services on your behalf under this Agreement;‍
• “Data Protection Laws” means all privacy and data protection laws applicable in the United Kingdom from time to time including the UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Regulations 2003; and any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;‍
• “FCA” means the Financial Conduct Authority, and its successors;‍
• “Large Business Customer” means a business customer which on the date of opening the Account is not a Small Business Customer;‍
• “Laws” means any laws, regulations, regulatory constraints, industry codes, guidelines, scheme requirements, or policies (including the FCA Handbook and PRA Rulebook), obligations, rules including common law and law of equity, and any binding court order, judgement or decree. It also includes any applicable guidance, direction, policy, rule or order that is given by a Regulatory Authority in the United Kingdom or any other relevant jurisdiction, which is applicable to this Agreement, interpreted (where relevant) in accordance with any guidance or similar document published by any Regulatory Authority;‍
• “Platform” means the website or mobile app through which you can access your Accounts and our Services;‍
• “PRA” means the Prudential Regulation Authority, and its successors;‍
• “Regulatory Authority” means any regulatory, quasi-regulatory or administrative body or other governmental authority that is charged with monitoring, regulating and/or overseeing ‎the business practices of us or you and/or the creation, enforcement or ‎supervision of, making or compliance with Laws, the Payment Systems Regulator, the Bank of ‎England, HM Treasury, the Information Commissioner, the UK FCA and the PRA, HM ‎Revenue and Customs (HMRC);‎‍
• “Security Credentials” means any PIN, security number, access code, password, question, or other security detail or procedure, that you use to access your Account or the services provided under this Agreement;‍
• “Services” means each of the services to which you have subscribed;‍
• “Service Terms” means any service specific terms applicable to the relevant Services;‍
• “Small Business Customer” means, as defined under the PSR, a business customer which on the date of opening the Account had fewer than 10 employees; and an annual turnover and/or balance sheet total (either individually or as a group, if it is part of a group) of £2 million or less, or if part of a group;‍
• “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.‍
• “You” or “your” means a business user or a consumer user who has accepted these Terms and Conditions.

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