8. EXCLUSION OF LIABILITY

8.1 Circumstances not within the Bank’s control.

The Bank shall not be responsible or liable for any loss suffered by the Customer and /or the Nominated User should the Service be interfered with or be unavailable by reason of

(a) any industrial action, (b) the failure of any of the Customer’s Facilities or (c) any other circumstances whatsoever not reasonably within the Bank’s control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

8.2 Electronic Bill Payments and Transfer of Funds.

(a) the Bank shall not be liable for any losses or damage suffered by the Customer and/or the Nominated User as a result of delay, failure and/or refusal by the Bank to act on a Request in time or at all in anyone or more of the following circumstances (as the case may be):

(i) if the Customer does not have a sufficient amount in the Deposit Account in terms of the provisions of paragraph 5 above;

(ii) if the Customer and/or Nominated User does not authorize a bill payment in good enough time for the payment to be made and properly credited by the payee (the Customer’s counter-party) by the time it is due;

(iii) if the System or the Facilities are not fully functional;

(iv) if circumstances beyond the Bank’s control including those specified in sub paragraph 8.1 above prevent the Bank from making a payment or transfer;

(v) if the amount in the Deposit Account is subject to legal process court order or other encumbrance restricting the payment or transfer;

(vi) if the Customer and/or Nominated User does not give proper or complete instructions for the payment or transfer or the Customer and/or the Nominated User does not follow the procedures in these Terms And Conditions Governing The Use of I&M Next Generation Banking Facility or other applicable agreement with the Bank in respect of a request for a payment or a transfer;

(vii) if the Bank has reason to believe that the Customer and/or the Nominated User and/or any other party is using the Service for fraudulent or illegal purposes;

(viii) if a payment or a transfer request would be in respect of an amount deposited in a form or by a method that has not yet made the said amount available for withdrawal; and

(ix) if the payment or transfer request is in contradiction or conflict with other existing agreements in respect of the Bank Accounts.

(b) if the Bank makes a timely payment or transfer but the payee nevertheless fails to credit the Customer’s payment promptly after receipt, the Bank shall not be liable for any loss or damage suffered by the Customer and/or the Nominated User as a result of such failure on the part of the payee