Terms & Conditions

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think banking Card Conditions

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think banking Account Conditions

thinkbanking Card Conditions

These terms and conditions apply to Your think banking Card. You must read them carefully in conjunction with your think banking Account Conditions.

In these terms and conditions "You" or “Your” means the named think banking Cardholder(s) and the authorised user(s) of the think banking Card, and "We", "Us" or "Our" means Newcastle Building Society or think banking Ltd acting on its behalf. The “Website” means Our website, located at www.thinkbanking.co.uk. “Account” means the think banking Card Account in which Your funds are held.

1. Your think banking Maestro ® Card

Your think banking Card is issued by Newcastle Building Society, Portland House, New Bridge Street, Newcastle Upon Tyne, Tyne and Wear, NE1 8AL, which is authorised and regulated by the Financial Services Authority as a building society and is entered into the Financial Services Authority Register (www.fsa.gov.uk/register) under registration number 156058.

You can use the think banking Card at any location that displays the Maestro® acceptance mark, including shops, restaurants, online, or on the telephone. You can also use Your think banking Card overseas. Your think banking Card will be valid for 36 months. You will not be able to use Your think banking Card after its expiry date, however We will issue You with a new think banking Card prior to expiry.

Your think banking Card is the property of Newcastle Building Society and is not transferable to anyone else.

2. Applying for and activating Your think banking Card

To be eligible for a think banking Card You must be at least 18 years old and a UK resident. We will require evidence of who You are and Your address. We may ask You to provide some documentary evidence to prove this and/or We may carry out checks on You electronically.

You must sign the signature strip on the reverse of the think banking Card as soon as it is received.

3. Using Your think banking Card

You can obtain detailed instructions on how to use Your think banking Card by calling think banking Limited on 0845 074 7772

If at the time of a transaction there are insufficient funds available in Your think banking Card Account to cover the amount of the transaction and any related fees, the transaction will be declined.

4. Cancellation and expiry of Your think banking Card

If Your think banking Card Account is cancelled, We will immediately block Your think banking Card so it cannot be used.

You will not be entitled to a refund of money You have already spent on transactions authorised or pending or of any fees for use of Your think banking Card before Your think banking Card is cancelled or expires. If Your think banking Card is cancelled you must destroy it by cutting vertically through its chip and magnetic stripe.

We may cancel Your think banking Card immediately if We suspect fraud or misuse of Your think banking Card, if We have any other security concerns or We need to do so to comply with the law. If We do this, We will tell You as soon as We are permitted to do so.

5. Keeping Your think banking Card secure

You must keep Your think banking Card safe and not let anyone else use it. If You are issued with a Personal Identification Number (“PIN”), You must immediately memorise it and destroy the notification. You must keep Your PIN secret at all times. Do not write it down or reveal it to anyone.

We recommend that You check the balance of Your think banking Card Account regularly. You can do this by calling think banking Ltd on 08456 343 499 and checking Your statements sent to you monthly by The Royal Bank of Scotland plc. You must tell us immediately if You notice transactions that You do not recognise.

6. Our liability

Like other payment cards, We cannot guarantee a retailer will accept Your think banking Card, or that We will necessarily authorise any particular transaction. This may be because of a systems problem, something outside Our reasonable control, or because We are concerned that Your think banking Card is being misused. Accordingly, We shall not be liable in any event that a retailer refuses to accept Your think banking Card, or if We do not authorise a transaction, or if We cancel or suspend use of Your think banking Card.

Unless otherwise required by law, We shall not be liable for any direct or indirect loss or damage You may suffer as a result of Your total or partial inability to use Your think banking Card, or the use of Your think banking Card by any third party. In the event that You do not use Your think banking Card with reasonable care in accordance with these terms and conditions or We find that You are using the think banking Card fraudulently, We reserve the right to charge You for any reasonable costs that We incur in taking action to stop You using this think banking Card and to recover any monies owed as a result of Your activities.

7. Changes to these terms and conditions

We may change these terms and conditions at any time. The up-to-date version of these terms and conditions will always be made available on the Website. If We think that a change is material and to Your detriment We will inform You in writing at least 30 days before making the change, unless a more immediate change is required. Otherwise, We will notify You of any changes within 30 days of making any material change.

If You wish to stop the think banking Managed Account Service as a result of changes to these terms and conditions, We will cancel your think banking Card upon expiry of the 2 week notice period stipulated in the think banking Account Conditions. You will not be entitled to a refund of money You have already spent on transactions authorised or pending or of any fees for use of Your think banking Card before Your think banking Card is cancelled.

8. Fees

The following fees apply in addition to those set out in the think banking Account Conditions:

We will charge these fees to Your think banking Card Account as soon as they become payable.

When You use Your think banking Card at an ATM, You may also be subject to applicable fees, surcharge rules and regulations applicable to the relevant ATM.

If We decide to increase or impose any new fees, We will tell You at least 30 days before any changes take effect in accordance with section 7 of these terms and conditions.

Authorisation will be requested for each transaction at the time of the transaction. In the unlikely event, for any reason whatsoever, that a transaction is completed when there are insufficient funds in Your think banking Card Account for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by You unless it is due to an error on the part of the retailer where the think banking Card was presented, in which case We may seek the Shortfall from the retailer.

You agree that once We make this Shortfall known to You, We may charge You for the Shortfall amount to the extent that We do not seek the Shortfall from the retailer. We may charge the amount of the Shortfall against any funds which You may subsequently have in Your think banking Card Account. Until We are reimbursed the Shortfall, We may suspend Your think banking Card. In addition,

9. Your details

You must let think banking Ltd know as soon as possible if You change name, address, phone number or e-mail address.

If We contact You in relation to Your think banking Card, for example, to notify You that We have cancelled Your think banking Card, We will use the most recent contact details You have provided to think banking Ltd.

Any correspondence that We issue will be treated as being received by You as soon as it is sent by Us. We will not be liable to You if Your contact details have changed and You have not told think banking Ltd.

10. Data protection

By using the think banking Card You agree that We can use Your personal information in accordance with Our Privacy Policy. Our Privacy Policy is set out on Our Website, and includes details of the personal information that We collect, how it will be used, and to whom We pass it.

11. Disputes with retailers

If You have any disputes about purchases made using Your think banking Card, You should settle these with the person or merchant that You bought the goods or services from. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with Your think banking Card.

Remember that once You have used Your think banking Card to make a purchase We cannot stop that transaction.

12. Assignment

We may assign the benefit and burden of these terms and conditions at any time, on giving You at least 30 days prior written notice of this. If We do this, Your rights will not be affected.

13. Governing law

These terms and conditions are governed by English law.

think banking Account Conditions

The think banking Managed Account Service provides two client bank accounts (a “Salaries Account” and a “Card Account”, together the “Accounts”) in our name with The Royal Bank of Scotland plc (the “Bank”), dedicated to you.

In these Account Conditions:

“you” are the client who has asked us to open a Salaries Account and a Card Account (if you have joint Accounts, “you” includes both clients, together and separately); and references to “we” or “us” are to think banking Limited, Pennington House, Carolina Way, South Langworthy Road, Salford M50 2ZY.

1. Opening the Accounts

1.1 You have selected our think banking Managed Account Service, which is governed by these Account Conditions. We will need to carry out certain identification and address verification procedures, as required by the Bank, and we need you to supply certain documents to us, which we will forward to the Bank. The Bank may refuse at its discretion to open the Accounts.

1.2 We will ask the Bank to open a Salaries Account and a Card Account as client accounts designated in your name.

1.3 Balances held in Accounts belong to you and are held on your behalf. If you have joint Accounts, the survivor of you will be entitled to the balances in the Accounts.

2. Operating the Accounts

2.1 You will arrange for your salary/income to be paid into the Salaries Account. If applicable, we will arrange the payments due in accordance with the payment programme agreed between Gregory Pennington Limited and your creditors, from the Salaries Account. We will also deduct from the Salaries Account the fees due to us under our Business Conditions (if applicable) and the fees due to us under these Account Conditions (as set out in clause 3 below).

2.2 If you create a standing order or we receive from a third party a direct debit payment request, we will make the authorised payments from the Salaries Account, provided there is a sufficient balance to meet the payments. If we stop a standing order or reject a payment because of insufficient funds, we will write and inform you. If we have to stop or reject a payment more than once, we may withdraw the direct debit and standing order facility and we will write

to tell you if that occurs. You must then make alternative arrangements for payment to the intended recipients. If you have joint Accounts, instructions authorising withdrawals may be given or signed by either of you.

2.3 You may send to us a cheque payable to you for payment into the Salaries Account. If that cheque is for your salary or other regular income and you have arranged for its collection with us beforehand, the amount of the cheque will be available for your use to meet payments out of the Salaries Account or for transfer to the Card Account within 3 business days provided we do not receive notice of non-payment. For all other cheques, the amount of the cheque will be available

to meet payments out of the Salaries Account or for transfer to the Card Account after 8 business days provided we do not receive notice of non-payment. But we may, at our discretion and at your request, agree to allow withdrawal after 3 business days in exceptional circumstances dependent on the identity of the payer of the cheque. We will not collect on your behalf a cheque payable to a third party and endorsed in your favour.

2.4 We will transfer from the Salaries Account to the Card Account each month the balance after payments and deductions have been made. You must tell us if you create a direct debit authority, as if we do not know about it, we cannot retain funds in the Salaries Account to meet the payment. If at any time a payment is to be made from the Salaries Account and there are insufficient funds in that account but there is a balance available in the Card Account, we may transfer funds back to the Salaries Account from the Card Account, to make the payment.

2.5 You will be able to withdraw cash from the Card Account and you will receive a card issued by Newcastle Building Society (“NBS”) for you to make withdrawals from the Card Account or otherwise to make payments using the cash in the Card Account. There is a daily cash withdrawal limit on the Card Account of £450. In any event, you will not be able to withdraw more than the balance on the Card Account. The amount actually spent by you using your card during the day will be transferred (at close of business that day or, if that day is not a business day, at close of business on the next succeeding business day) by us to NBS.

2.6 Standing orders and direct debit payments cannot be made from the Card Account.

2.7 The Bank will add interest to the Accounts monthly after deduction of tax. Details of the rate are available on request.

2.8 The minimum withdrawal which can be made from an ATM using your card is £10. There is no minimum value of point of sale transactions using your Card.

2.9 We will notify you of specified events affecting your Salaries Account (e.g. the crediting of a salaries receipt). We will do this by SMS text messages to your mobile phone (please see clause 9 below for further details), or by other means we agree with you.

3. Our Fees

3.1 You will pay us an initial account opening fee and an account operation fee (plus, in each case, Value Added Tax, if applicable). The amounts of these fees are set out in the letter we sent to you with your welcome pack. You will also pay us a replacement card fee and an additional cardholder set up fee (plus, in each case, Value Added Tax, if applicable). The amounts of these fees are set out in separate correspondence sent by us to you.

3.2 We will charge these fees to the Salaries Account. The fees may be revised from time to time and details will be sent to you at least 30 days before any increases or new fees come into effect.

4. NBS Conditions think banking Card Conditions

4.1 We will give you a copy of the NBS Conditions think banking Card Conditions. You must read the NBS Conditions think banking Card Conditions and you agree with us to comply with them.

4.2 We, NBS and the Bank do not accept any liability if at any time you are unable to withdraw funds by the use of the card. Please call us immediately if you have any difficulty in using the card and we will do what we can to assist.

5. Loss or Misuse

5.1 If your card is lost or stolen or you suspect that someone knows the PIN, you must immediately call us on 0845 074 7222.

5.2 If your card is misused before you tell us of its loss or theft or that someone else knows the PIN, you will only have to pay up to £50 for any misuse, unless you have acted fraudulently or without reasonable care.

5.3 You authorise us to give to any appropriate third party any relevant information in connection with the loss, theft or possible misuse of the card or PIN.

5.4 If the card is misused by someone who has it with your permission, you will have to pay for all transactions carried out with the card by that person.

5.5 You will not be responsible for any loss arising from misuse of a card if you have not received it.

6. Changes to the Account Conditions

6.1 To the extent that these Account Conditions reflect the NBS Conditions think banking Card Conditions or obligations imposed by the Bank, we may change these Account Conditions at any time to reflect changes made required by NBS to its NBS Conditions the think banking Card Conditions or changes to the obligations imposed by the Bank. We will give you as long a notice period as is practicable depending on the amount of notice we are given by NBS or the Bank. We will make every effort to provide at least 30 days’ written notice of any changes to your detriment.

6.2 If NBS makes requires three or more changes during any 12 month period, NBS will make reasonable efforts to cooperate with us in provide us with creating a copy of its the revised NBS Conditions think banking Card Conditions and we will give you that copy and a copy of these Account Conditions as revised. If there are three or more changes to the obligations imposed by the Bank in any 12 month period, we will give you a copy of these Account Conditions as revised.

6.3 We may vary these Account Conditions from time to time and will write to give you at least 30 days ’ prior notice of any changes to your detriment. Otherwise we will write to you within 30 days of any changes having been made .

7. Cancellation

7.1 You have a right to cancel this Agreement at any time within first 14 calendar days of receiving these Account Conditions (which will be deemed to be 48 hours after the time of posting). You can do this by calling 0845 074 7222 saying you wish to cancel. We will then refund to you from cleared funds any fees already paid to us.

7.2 We may terminate these Account Conditions and arrange for the Bank to close the Salaries Account and the Card Account by giving you 30 days written notice, or, if you are in breach of these Account Conditions or the NBS Conditions think banking Card Conditions, 7 days written notice. You will cease to be able to use your card on the expiry of the notice and we will arrange to return to you any balance on the Salaries Account or the Card Account immediately after the expiry of the notice. You will need to contact us urgently to let us know if you would like us to send you a cheque or if you wish to come to our offices to collect the amount in cash.

7.3 If you wish to stop the think banking Managed Account Service, you may do so on giving to us 2 weeks’ written notice. At the end of that period you will cease to be able to use your card and (if applicable) you must agree with us the manner in which you will make monthly payments under the Business Conditions to enable Gregory Pennington Limited to operate the payment programme.

7.4 Once the think banking Managed Account Service ends, it will be your responsibility to arrange for your salary/income to be paid to you direct.

8. Your information – using and sharing your information

8.1 We are the data controller of your Accounts.

8.2 Where we refer to “Group” in this Condition 8 we are referring to the Think Money group of companies.

8.3 Your information may be held on a Group database and used by us and any Group company for the purposes set out in this clause. Your information includes any information which we or any Group company holds, now or at any time in the future and which comes from, or relates to:

(i) application forms or other dealings with any Group company;

(ii) third parties, such as credit reference agencies and parties associated with you;

(iii) your services from any Group company.

8.4 We and other Group companies will use, analyse and assess your information to maintain and develop our relationships with you. This will include using it for the following purposes:

(i) considering any applications made by you and helping us make credit-related decisions about you;

(ii) operating and administering the services we, and/or other Group companies supply;

(iii) servicing your relationships with Group companies;

(iv) financial risk assessment, money laundering checks, compliance and regulatory reporting and fraud prevention;

(v) helping us, other Group Companies and the insurance underwriters of any insurance products offered by us or other Group companies to make decisions on any insurance proposals and claims such as motor, household, credit and life, for you, members of your household and others connected with your insurance proposals and claims;

(vi) helping us and other Group companies to identify products and services which may interest you (unless you have asked us not to), and

(vii) helping us and other Group companies to understand and develop our respective businesses, including new and innovative products and services.

8.5 For operational uses such as in (i), (ii), (iii) (iv) and (v) of Condition 8.4, we may link your information between your accounts and other products and services you maintain with us.

We may also link your information with that of others with whom you have a financial connection. We will not use the links for marketing purposes without your consent.

8.6 During the time that you have your account, the way we look at, record and use information about you may change. In most cases these changes will result from improvements in technology and we believe that you will be comfortable with them. Where we feel the changes may not be obvious to you, we will tell you before we introduce them. When you open your Accounts, you are agreeing that, by continuing to maintain your Accounts for at least 60 days after we have notified you of a change to the way we may use your information, you will be happy with that change – unless you write to us at the following address, telling us that you do not wish your information to be used in this way:

think banking Limited, Pennington House, Carolina Way, South Langworthy Road, Salford M50 2ZY

8.7 We do not disclose your information outside the Group except:

(i) for operational reasons described in (i), (ii), (iii), (iv) and (v) of Condition 8.4;

(ii) where we have your consent;

(iii) to the Bank, with whom the Accounts are maintained, for the sole purpose of running your Accounts;

(iv) where we are required or permitted to do so by law;

(v) to persons to whom we may transfer rights and obligations under our agreement with you;

(vi) to any persons, including insurers, who provide a service to us, who have agreed to keep your information strictly confidential;

(vii) to any persons, including insurers and lenders, who supply benefits or services to you under or in connection with your Accounts, or

(viii) to credit reference and fraud prevention agencies as set out below in Conditions 8.10-8.13.

8.8 In order to provide the services you have requested or may request from time-to-time, it may be necessary for your information to be transferred to someone who provides a service to us in other countries. If this happens, we will ensure that anyone to whom your information passes agrees to treat your information with the same level of protection as if we were dealing with it.

8.9 You have the right of access to your personal records held on our files by written request to the address in Condition 8.6 and on payment of a fee to be notified to you.

9. Account updates by SMS text messaging

9.1 The terms contained in this Condition 9 only apply to you if you have registered with us to receive account information on your Accounts by SMS text messaging (the “Text Service”).

9.2 When you register for the Text Service we will provide system generated Account updates by SMS text message whenever credits are applied to your Card Account in cleared funds. We may also provide further balance and statement information as part of the Text Service, as notified to you from time to time.

9.3 You are responsible for the security of your mobile telephone and you must take all reasonable precautions to prevent anyone else from accessing your confidential information, including using all security features available on your mobile telephone (including any SIM card personal identification number) and keeping your mobile telephone safe at all times and not leaving it unattended in a place accessible to anyone else who you would not wish to see your account information.

9.4 You must inform us immediately on 08456 343 499 if:

(i) your mobile telephone is lost or stolen;

(ii) you know or suspect that someone else knows your SIM card personal identification number or otherwise has access to your SMS text messages; or

(iii) your mobile telephone number changes or your contract with your mobile network operator ends.

9.5 If you take your mobile telephone outside the UK whilst registered for the Text Service you will be deemed to authorise us, the network operator and any third party to whom information about you and your accounts has been properly passed for the provision of the Text Service, to transmit and store such information as is necessary to send text messages to your mobile telephone.

9.6 Whilst we will make reasonable efforts to provide the Text Service, we will not be liable for any failure to provide the Text Service due to any reason beyond our reasonable control, including any suspension of either service resulting from maintenance and upgrades to our systems or those of any other party used to provide the Text Service.

9.7 You may end or suspend the Text Service at any time by writing to us at the address in Condition 8.6 or by calling us on 0845 074 7772

9.8 We may suspend, withdraw or restrict the use of the Text Service where we consider it appropriate for our or your protection. We will inform you of such suspension, withdrawal or restriction as soon as practicable. We may also end the provision of the Text Service at any time by giving you 30 days notice in writing (including by SMS text message).

9.9 There is no charge for the Text Service. However we reserve the right to introduce a charge in the future, but we will only do so by giving you 30 days notice in writing (including by SMS text message). After the expiry of such notice you hereby authorise us to debit your Account with such charges for providing the Text Service.

9.10 By requesting and using the Text Service you accept that:

(i) the text messages may contain information about you and your Accounts which is confidential and they are sent at your own risk; and

(ii) messages sent by the Text Service are not secure and once the message has been sent we cannot be held responsible if for any reason it fails to arrive, or it arrives incomplete or in any way different from the message we sent or if the message has been seen by an unauthorised person.

10. Transfers

We may arrange for another person to take over our rights and duties under these Account Conditions and you authorise us to give that person any financial or other related information about you.

11. Notices

Any notices to be served under these Account Conditions shall be valid if served on us at our head office, and if served on you, at your address last known to us. Any notice shall be deemed to have been served if sent in the ordinary course of post, 48 hours after posting.

12. Complaints

12.1 The think banking Managed Account Service is managed by us . If you are unhappy in any way with the think banking Managed Account Service or the way it is managed, tell us by calling 0845 074 7222. Your complaint will be dealt with quickly and fairly.

12.2 You may take unresolved complaints to the Financial Ombud s man Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR; telephone: 0845 080 1800; website: www.financial-ombudsman.org.uk

1 2 3. Governing Law

These Account Conditions are governed by English law.

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