GENERAL TERMS AND CONDITIONS OF STERLING PREMIUM
Terms and Conditions for Sterling Premium
Overdraft Terms
TERMS AND CONDITIONS FOR STERLING PREMIUM
This is your agreement with
STERLING BANK PLC (hereinafter
referred to as the “Bank”) setting out the terms and conditions
(“Terms”) that apply when you, as an existing customer, subscribe to
Sterling Premium (“Services”). These Terms govern your relationship
with the Bank under this scheme, and you must review the terms and
conditions before selecting "I Agree/OK" to confirm your acceptance.
Please do not accept if you do not agree to all these terms;
acceptance indicates that you understand and agree that these Terms
will be binding on you.
DEFINITION AND INTERPRETATION
In this agreement,
-
“You", "your", “I” means
the Bank’s customer who accepts these Terms.
-
"We," "us," and "our"
means Sterling Bank Plc.
-
“Product” means Sterling
Premium. Sterling Premium membership grants the customer access to
interest-free overdrafts, zero account maintenance fee (AMF)
accounts, Cafe One access, 2 monthly movie tickets and telemedicine access.
- words in the singular include the plural and vice versa.
-
words of any gender include every other gender and references to
legal persons shall include natural persons and vice-versa.
-
the headings to clauses are inserted for ease of reference only
and shall not be construed in the interpretation of this
Agreement; and
-
reference to any statute, statutory provision or regulation
includes reference to that statute, statutory provision or
regulation as amended, modified or re-enacted.
1. COMMENCEMENT
These Terms will take effect on the day you agree to use the Services
and will last until it is terminated in accordance with the
termination clause contained in this Term.
2. ABOUT STERLING PREMIUM
Sterling Premium is a subscription-based, loan and lifestyle product
that offers you an interest-free overdraft, a MasterCard debit card,
zero AMF account, Cafe One, box office movie tickets and telemedicine access for
a monthly subscription fee of N5,000. This subscription fee may be
reviewed from time to time with notice to you. If you do not wish to
continue your subscription at the new price, you may unsubscribe 1in
accordance with the termination clause herein.
3. HOW IT WORKS
-
You are required to read and accept these Terms by ticking the box
in the link sent to your email.
-
To access the product offerings, you must authorise us to debit
your account monthly for the subscription fee of N5,000 or any
other amended sum as communicated to you.
-
Debit to your account for the subscription fees shall only be done
on the 20th day of each month. If you accept these Terms within
the 1st and 20th day of the month, and make your subscription fee
available, we will debit your account with the subscription fee on
the 20th day of that month. If you accept these Terms after the
20th day of the month, and make your subscription fee available,
we will debit your account with the subscription fee on the 20th
day of the following month.
4. BENEFITS UNDER STERLING PREMIUM
The following benefits are available to you when you subscribe to
Sterling Premium. You understand and agree that the Bank reserves the
exclusive right to review the benefits at any time.
A. Access to an overdraft facility in an amount advised by the
Bank
-
Sterling Premium entitles you to an overdraft facility in the
amount stated on your offer letter. You can view the offer letter
presented in the medium of acceptance whether via email, OneBank
or any other agreed-upon medium. Acceptance of these Terms shall
mean you accept the offer letter.
-
This will be given to you as discount codes via email upon
acceptance of the offer.
-
No complimentary movie tickets offered to you are transferable to
a third party.
-
Once the movie tickets are redeemed for a particular month, they
will count as part of your monthly allocation, notwithstanding
that you have not utilized the ticket. The ticket is only valid
for the active subscription period
-
If a movie ticket is not redeemed within a specific month, it will
be forfeited and cannot be carried over to the following months.
B. Sterling Premium Debit MasterCard
Sterling Premium entitles you to a MasterCard debit card. Once the
Card is activated, any existing MasterCard debit card that was
previously issued to your Sterling account shall be deactivated. You
are not obliged to accept the Debit card and may choose to continue
with your existing debit card. Upon expiration of the debit card, you
will subsequently be issued another debit card at the regular bank
charge when you request.
C. Movies Tickets
- You will have access to complementary movie tickets.
-
This will be given to you as discount codes via email upon
acceptance of the offer.
-
No complimentary movie tickets offered to you are transferable to
a third party.
-
Once the movie tickets are redeemed for a particular month, they
will count as part of your monthly allocation, notwithstanding
that you have not utilized the ticket. The ticket is only valid
for the active subscription period
-
If a movie ticket is not redeemed within a specific month, it will
be forfeited and cannot be carried over to the following months.
D. Telemedicine Service
-
You can access Telemedicine services offered by Tremendoc Limited.
-
These Telemedicine services include unlimited 24/7 access to a
general practitioner and specialist consultations on their
platform.
-
Telemedicine services offered to you under these Terms are
non-transferable.
-
A token would be made available to you to access the telemedicine
service. The token is only available for redemption within the
period of a subscription of one month and cannot be carried over
month-on-month. Once the token has been redeemed within your
active subscription period, it will count as part of your
allocation for the month.
E. Access to co-working spaces
-
You can access co-working spaces offered by Café One by Sterling.
-
These services include access to Café One select locations across Nigeria for meetings, workspaces, and
networking events.
-
A token would be made available to you to access the Café One services. Once the token has been redeemed
within your active subscription period, it will count as part of your allocation for the month.
5. TERMINATION
-
You may terminate this agreement by giving written notice of your
intention to terminate these Terms, and the Terms shall
immediately terminate upon receipt of the notice. You may send us
your notice of termination via email to our contact-
customercare@sterling.ng
Where the Bank terminates these Terms, a notice shall be sent to
your email address or other contact information provided by you.
-
The Bank may at any time, with notice to you, suspend, cancel, or
refuse to renew your subscription to the product for any reason
including but not limited to (1)the inability to debit your
accounts due to insufficient funds; (2)your inability to meet the
Bank’s qualifying criteria (3)where the continuous provision of
the services constitutes illegality or (4) where a renewed
subscription in the opinion of the Bank, poses any credit or
regulatory risk.
-
You understand and agree that termination of these Terms does not
entitle you to the subscription fee already debited by the Bank.
The Bank shall not issue a refund, either in part or in full, for
the subscription amount, if you choose to terminate these Terms.
-
You understand and agree that to proceed with the termination of the agreement, it is necessary for you to settle any outstanding overdraft balance you have collected from the Bank. Kindly note that failure to clear the overdraft amount may result in the Bank considering the termination request as invalid until the outstanding balance is fully resolved
6. INDEMNIFICATION
You agree to indemnify and hold harmless the Bank, its agents,
servants, directors, officers, and employees, from and against any and
all losses, claims, demands, damages, expenses or costs which in any
way arise out of or in connection with these Terms.
7. THIRD-PARTY PROVIDERS
-
You understand that we are only providing you with token services
to enable you to access services from third-party service
providers. Consequently, we do not give any warranty that the
services provided by these third-party service providers will be
fit for purpose or error-free. The Bank shall not be liable for
any damages, losses, or costs arising from the acts or omissions
of such third party service providers.
-
You shall not hold the Bank responsible for any damages, losses,
or costs arising from your use of any services provided by the
third-party service providers. You acknowledge that you use such
services at your own risk and shall be responsible for
implementing appropriate security measures and backup procedures
to protect your data.
-
If any unlawful and/or unenforceable provision of this Terms,
would be lawful or enforceable if part of it were deleted, that
part will be deemed to be deleted, and the rest of the provision
will continue in effect.
-
If any unlawful and/or unenforceable provision of this Terms,
would be lawful or enforceable if part of it were deleted, that
part will be deemed to be deleted, and the rest of the provision
will continue in effect.
8. CONFIDENTIALITY
We will not disclose information to third parties about your Sterling
Premium Account unless: (1) You request or authorize it; (2) The
information is provided to help complete a transaction initiated by
you; (3) The information is provided to a reputable credit bureau or
reporting agency; or (4) We are legally required or permitted to do
so.
9. DATA PROTECTION
We take your privacy very seriously. Consequently, we are committed to
complying with the Nigerian Data Protection Regulation 2019 with
regard to protecting your data. You understand that by using the
Services, you consent to the collection, use, storage, and disclosure
of your information in accordance with the Bank
privacy policy, available on our
website.
10. FORCE MAJEURE
-
Events beyond the control of the Bank may occur that render the
issuance or continuance of the Sterling Premium product
impossible. Accordingly, the Bank will not be liable for any loss,
whether directly or indirectly, suffered as a result of an event
outside of its control.
-
Events beyond the Bank’s control would include but are not limited
to: acts of God, acts of war, acts of terrorism, government
actions, civil unrest, fires, floods, or other natural disasters,
and network and system failure, that prevent or significantly
impair the bank's ability to provide services to its customers,
the bank shall not be held liable for any delay, interruption, or
failure to provide such services.
-
Where a force majeure event occurs, the Bank shall to the extent
practicable, make reasonable efforts to mitigate the impact of
such events on you and shall resume providing the services as soon
as reasonably possible. During such events, the Bank may, at its
sole discretion, prioritize services to customers based on the
urgency and importance of their needs.
-
If such circumstances continue for an extended period of time, the
Bank may, at its sole discretion, terminate or suspend the
affected services or terminate these Terms s with you without any
liability to the Bank.
-
The Bank shall notify you of any such events and their impact on
the services as soon as reasonably possible. The Bank shall not be
responsible for any damages, costs, or losses incurred by you as a
result of such events.
11. ANTI-MONEY LAUNDERING
You are now subject to and will at all material times in the future
comply with all applicable laws, rules and regulations concerning the
detection of financial crimes, prevention of terrorism and anti-money
laundering and you acknowledge that transactions conducted by you on
the Sterling Premium Account will be covered by statutory and
regulatory requirements relating to money laundering and combating
terrorist financing.
11. GENERAL PROVISIONS
-
Save as provided in these Terms, no waiver of any provision of
these Terms shall constitute a waiver of any other provision(s) or
the same provision on another occasion.
-
Any waiver of any right, benefit, power, or remedy under this
Agreement must be in writing and signed by or on behalf of the
party entitled to such right, benefit, power, or remedy.
-
Should any provision of this Agreement be held by a court of
competent jurisdiction to be illegal, invalid, or unenforceable,
such provision may be modified by such a court in compliance with
the law giving effect to the intent of the Parties and enforced as
modified. All other terms and conditions of this agreement shall
remain in full force and effect and shall be construed in
accordance with the modified provision.
-
All other terms and conditions relating to the use and operation
of your account with us remain valid and binding on you.
13. AMENDMENTS TO THE TERMS OR SERVICE
We reserve the right to add to, change, discontinue, temporarily or
permanently, any service or amend or remove portions of these Terms at
any time without notice. If any law regulates that change, we will
only make the change to the extent permitted by, and subject to, the
requirements of that law. Notification of amendments will be provided
via email or any other designated channel of communication if the
changes are material.
14. GOVERNING LAW & DISPUTE RESOLUTION
-
This Agreement (and, unless provided otherwise, any document
entered into in connection herewith) shall be governed by the laws
of the Federal Republic of Nigeria.
-
The Parties agree that any dispute arising under or in connection
with the validity, interpretation, and performance of this
Agreement that cannot be resolved amicably by the Parties through
negotiation within thirty (30) days shall be referred to a court
of competent jurisdiction for settlement.
15. EXECUTION
You hereby acknowledge and agree that these Terms may be executed
electronically by box-ticking. You further acknowledge and agree that
your execution by box ticking used herein has the same validity and
meaning as if you had signed these Terms by hand and are legally
binding on you.
16. ENQUIRIES AND COMPLAINTS
If you have any questions, complaints or claims with respect to these
Terms, please contact us at
customercare@sterling.ng
or call 0700 822 0000/ 01-8888822
MEMORANDUM OF ACCEPTANCE
Having read, understood and accepted the terms and conditions
contained herein, I agree to be bound accordingly.
AUTHORISATION TO DEBIT
By accepting these Terms, I hereby authorize the bank to debit my
account for the first subscription fees for the use of the Sterling
Premium account, on the 20th of each month. I understand that if these
Terms are accepted after the 20th of a month, the Bank shall be
authorised to debit my account for the first subscription, on the 20th
of the following month. I further understand that my subscription
shall be renewed automatically until I unsubscribe from the Product.
OVERDRAFT TERMS
Effective Date |
{“DATE OF ACCEPTANCE”} |
Borrower |
{“BORROWER”} |
Address |
{“CUSTOMER ADDRESS”} |
Account Number |
{“ACCOUNT NUMBER”} |
Bank Verification Number |
{“CUSTOMER BVN”} |
Overdraft Amount |
{“OVERDRAFT LIMIT”} |
Tenor |
FIVE YEARS (RENEWABLE ANNUALLY) |
Repayment |
30 DAYS CLEAN UP CYCLE. |
Annual Percentage Rate |
0% |
Dear Sir/Ma,
OFFER OF NGN [OVERDRAFT AMOUNT] (AMOUNT IN WORDS) OVERDRAFT FACILITY
APPROVAL
Further to your application, we are pleased to inform you that
Sterling Bank Plc (“Sterling” or “Bank”) has approved an Overdraft
Facility in your favour, under the following terms and conditions:
INTEREST RATE |
0% |
INSURANCE FEE |
1% per annum |
TENOR |
FIVE YEARS (RENEWABLE ANNUALLY) |
ANNUAL PERCENTAGE RATE |
0% |
TERM
I (BORROWER) hereby authorize Sterling to debit my account for all
fees associated with the overdraft immediately after the facility is
disbursed. I irrevocably undertake and covenant that I shall at all
times make funds available in my account to meet my obligations as and
when due. The foregoing shall be construed as a continuing instruction
and shall not be revoked by me until I have fully paid down the loan
availed to me. I (Borrower) consent that
STERLING may collect, use, and
disclose my/our transaction/information from/to the appointed credit
bureaus and other agencies who may use the information for any
approved business purposes as may from time to time be prescribed by
the Central Bank of Nigeria (CBN) and/or any relevant statute or
regulation.
REPAYMENT SOURCE
Direct debit of the BORROWER's account.
CONDITIONS
-
All expenses incurred in the arrangement, documentation, and
enforcement of payments under this facility would be borne by the
Borrower.
-
Utilization of the facility or any part thereof shall be at
Sterling’s discretion and is subject to satisfactory documentation
and regulation of CBN as may be laid down from time to time
-
The Borrower acknowledges that Sterling is a financial institution
regulated by CBN
-
The Borrower hereby agrees to indemnify Sterling against any loss,
howsoever occurring, that Sterling may incur, as a result of any
misrepresentation, irregularity or incompleteness in the
information submitted to Sterling
-
The facility shall terminate and all sums due to Sterling there
under shall become immediately due and payable if the borrower
commits any breach or defaults under the terms of the facility
granted him by Sterling or any other bank.
-
The Borrower shall keep Sterling fully informed of all facilities
granted to him/her by other banks and financial institutions.
-
The Borrower’s account must revert to credit every 30 days during
the term of the facility
-
Funds received into the account when the principal and/or interest
are past due will be applied first to the overdue interest before
the outstanding principal amount
INSURANCE
Where it is necessary to insure any or all parts of the facility or
security pledged, the Bank shall use your preferred insurance company
selected below
EVENTS OF DEFAULTS
Without prejudice to Sterling's right to demand repayment of
outstanding amounts under the facility at any time, the occurrence
of any of the following events shall cause all outstanding amounts
under this facility to become immediately repayable.
-
If the Borrower fails to settle any due obligation arising from
the facility, or
-
If the Borrower defaults in the performance or the observance of
any other term, after notice might have been given to the
Borrower; or
-
If an order is made or a petition is presented for the Borrower’s
undertaking and assets; or If distress or execution is levied upon
or issued against the Borrower’s property and is not discharged
within 5 days;
CONVENANTS
The Borrower undertakes that during the validity of the facility,
while there are any outstanding thereon, the Borrower shall:
-
Not create or allow to subsist any charge, pledge, lien or other
encumbrance over the Borrower’s assets; and
-
Not to sell transfer or otherwise, dispose of the Borrower’s
assets or undertaking without the Bank’s prior written consent
-
At any time and from time to time, upon the written request of the
Bank, promptly and duly execute and deliver such further
instruments and documents and take such further actions as the
Bank reasonably request for the purpose of obtaining or preserving
the full benefits of this Offer Letter and or the rights and
powers herein granted.
RIGHT OF SET-OFF
The Borrower covenants that in addition to any
general lien or similar right to which Sterling as a bank may be
entitled by law, Sterling may at any time combine or consolidate all
or any of the Borrower’s accounts with and liabilities to Sterling,
set off or transfer any sum or sums standing to the credit of one or
more of such accounts in or towards satisfaction of any of the
borrower’s liabilities to Sterling or any other account in any other
respect whether such liabilities be actual or contingent, primary, or
collective and several or joint and notice of the setoff shall
thereafter be given to the Borrower. The Borrower covenants to repay
the loan as and when due. In the event that the Borrower fails to
repay the loan as agreed, and the loan becomes delinquent, Sterling
shall have the right to report the delinquent loan to the Central Bank
of Nigeria (CBN) through the Credit Risk Management System (CRMS) or
by any other means and request the CBN to exercise its regulatory
power to direct all banks and other financial institutions under its
regulatory purview to set off the Borrower’s indebtedness from any
money standing to the Borrower’s credit in any other bank account and
from any other financial assets that they may be holding for its
benefit.
FACILITY REVIEW
Sterling reserves the right at its to change, vary or cancel at any
time, with adequate notice to the Borrower, the nature and amount of
the facility as well as the underlying terms, conditions, and security
arrangements. Therefore, notwithstanding anything in this offer to the
contrary, this facility is regarded as payable at any time at the
option of the Bank.
DEFAULT CLAUSE
If the loan facility is not paid by the Borrower after notice might
have been given to the Borrower, the loan will be deemed to be in
default and the outstanding loan amount shall become immediately due
and payable.
GLOBAL STANDING INSTRUCTION MANDATE
By accepting/signing this offer letter/facility agreement and by
drawing the facility, I covenant to repay the facility as and when
due. In the event that I fail to repay the facility as agreed, and the
facility becomes delinquent, the Bank shall have the right to report
the delinquent facility to the CBN through the Credit Risk Management
System (CRMS) or by any other means, and request the CBN to exercise
its regulatory power to direct all banks and other financial
institutions under its regulatory purview to set-off my indebtedness
from any money standing to my credit in any bank account and from any
other financial assets they may be holding for my benefit. I covenant
and warrant that the Bank shall have power to set-off my indebtedness
under this facility agreement from all such monies and funds standing
to my credit/benefit in any and all such accounts or from any other
financial assets belonging to me and in the custody of any such bank.
I hereby waive any right of confidentiality whether arising under
common law or statute or in any other manner whatsoever and
irrevocably agree that I shall not argue to the contrary before any
court of law, tribunal, administrative authority, or any other body
acting in any judicial or quasi-judicial capacity.
MATERIAL ADVERSE CHANGES
This offer shall be withdrawn, or the facility terminated if a
situation, change of default occurs or threatens to occur, which in
the opinion of Sterling would adversely affect the ability of the Bank
or the Borrower to perform his/her obligation as outlined in this
letter. In the event of any such termination, any fees paid by the
Borrower to the Bank will not be refunded.
WAIVER
No failure or delay by the Bank in exercising any remedy, power or
right hereunder shall operate as a waiver or impairment thereof nor
shall it affect or impair any such remedies, powers or rights in
respect of any subsequent default.
ASSIGNMENT
The Borrower hereby acknowledges that the Bank may sell, transfer,
assign, novate or otherwise dispose of all or part of its rights or
obligations (including by granting of participations) under this loan
agreement to another bank or financial institution or to a trust, fund
or any other entity which is engaged in or established for the purpose
of making, purchasing or investing in loans, securities or other
financial assets. The Customer hereby agrees to execute all documents
and take all such steps as may reasonably be required by the Bank to
give effect to such an assignment or transfer.
NOTICES AND COMPLAINTS
-
All notices, consents, requests, demands, and other communications
required hereunder or given pursuant to this Facility shall be in
writing addressed to that Party at its respective address and
delivered personally or sent by SMS, post, courier, or email.
-
Any complaint arising from this facility shall be made in writing
and delivered to the Bank personally or sent by post, courier or
email at the address set out below or at such other current
address as is specified by Sterling to the Customer by notice;
To: STERLING BANK PLC Sterling Towers, 20 Marina, Lagos
Attention: Group Head Customer Experience
Email: customercare@sterling.ng
Phone no: 070078375464; 07008220000
Where necessary, the Customer may escalate to CBN using the
following information;
To: Consumer Protection Department Central Bank of Nigeria
P.M.B 0187 CBD, Abuja
Email: cpd@cbn.gov.ng
EXECUTION
The Borrower hereby acknowledges and agrees that this offer letter may
be executed electronically by box ticking. The Borrower further
acknowledges and agrees that the electronic signature used herein, has
the same validity and meaning as the Borrower’s handwritten signature
and is therefore legally binding on the Borrower.
COOLING OFF PERIOD
The Borrower may cancel this loan contract within 3 days after signing
same, without any penalty or charges, however, the Borrower reserves
the right to waive this option by notifying the Bank in writing.
We are pleased to have been given the opportunity to be of service to
you and look forward to a more mutually beneficial relationship in the
future.
Please indicate your acceptance of these terms in the space provided
below.
MEMORANDUM OF ACCEPTANCE
I, {BORROWER} acknowledge that I have the right to cancel this loan
contract within 3 days of acceptance, and that the loan amount will
not be available to me until I execute a Waiver and deliver it to
the Bank, or the 3 days cooling-off period has elapsed, whichever is
earlier. I understand that I also have the option to waive this
right immediately by ticking the “Accept” box below which serves as
my authority to the Bank to immediately proceed with disbursement of
the facility.
I {BORROWER}, having read and understood the terms and conditions
contained herein agree to be bound accordingly.