Additional Conditions for Barclays DataServices

 

1.             Introduction

 

1.1         In this Agreement

 

Barclays”, “we”, “us” and “our” mean Barclays Bank UK PLC and “Barclays Group” means us, our parent company and any companies we or our parent company totally or partly own at any time;

 

you” and “your” mean any customer (whether a natural person or legal entity for example a sole trader, company or partnership) operating a business account with us and registering for Barclays DataServices. Where an account is operated by more than one person or has more than one account holder or signatory, “you” or “your” refers to any one, both or all of you depending on the context.

 

1.2         These additional conditions supplement and amend the general conditions of your Customer Agreement with Barclays. In the event of any inconsistency between these additional conditions and the general conditions of the Customer Agreement, these additional conditions will apply in relation to Barclays DataServices.

 

1.3         Your agreement to use Barclays DataServices is contained in the Customer Agreement and these additional conditions (together this “Agreement”). 

 

1.4         These additional conditions only deal with Barclays DataServices. However, when using Barclays DataServices, you also agree to comply with all appropriate terms and conditions produced by the provider of any accounting or software application in relation to which you use Barclays DataServices.

 

2.             Use of Barclays DataServices

 

2.1         Subject to the terms of this Agreement you may sign-up for Barclays DataServices which enable you to:

 

2.1.1   automatically start importing business banking current account transactional data into accounting or other software applications from third parties used by you and which is approved by us for use with Barclays DataServices; and/or

 

2.1.2   have your business banking current account transactional data automatically exported to your authorised service provider(s) (such as your accountant) via an approved Barclays portal, provided that your service provider is registered with Barclays to use an approved Barclays portal.

 

2.2         Barclays DataServices are only available to Barclays Business customers.

 

2.3         You can register for Barclays DataServices by clicking on the link in your software application and following the instructions to complete the registration process.

 

2.4         Subject to clause 2.5, there is no limit to the number of Barclays Business bank accounts you can register with Barclays DataServices. However, you can only register up to six accounts at a time. 

 

2.5         You may only use Barclays DataServices in relation to Barclays business accounts which you are authorised to access.

 

2.6         In order to register to use Barclays DataServices you need to be registered for Barclays Business Telephone Banking and will need to know your Telephone Banking Passcode.

 

2.7         The provision of Barclays DataServices to you will commence within 2 working days following satisfactory completion of the registration process.

 

2.8         Following satisfactory completion of the registration process and commencement of the Barclays DataServices, your third party software provider will be responsible for the satisfactory functioning of the Barclays DataServices within the software application.

 

2.9         In order for your account data to be exported to your authorised service provider via an approved Barclays portal (as described in clause 2.1.2 above), your service provider will need to obtain your authorisation to set up the data feed. To obtain such authorisation, an email will be sent to you from an approved Barclays portal notifying you that your service provider has requested to connect to your bank accounts. The email will contain instructions regarding how to complete the authorisation process. In order to complete the authorisation process you need to be registered for Barclays Business Telephone Banking and will need to know your Telephone Banking Passcode.

 

2.10     Following completion of the authorisation process referred to in clause 2.9 above, you agree that your service provider is authorised to download all of your transactional data (as opposed to specified time periods). You also agree that your service provider is authorised to view through an approved Barclays portal any date-bound sections of your account data.

 

2.11     You acknowledge and agree that once your account data has been exported to your authorised service provider via an approved Barclays portal (as described in clause 2.1.2 above), we have no control over, or responsibility for, the use of such data by your service provider. In the event that your arrangement with your service provider terminates or expires for any reason, it will be the sole responsibility of you and your service provider (and not Barclays) to ensure that any/all of your data is returned/transferred/destroyed as agreed between you and your accountant.

 

3.             Your obligations

 

3.1         You must 

 

3.1.1   use all reasonable endeavours to prevent any unauthorised access to, or use of, Barclays DataServices; 

 

3.1.2   obtain and maintain all necessary and relevant licences, consents, permissions and authorisations necessary and appropriate to use Barclays DataServices; 

 

3.1.3   ensure that all required contact details relating to you and anyone acting on your behalf are up to date with us; 

 

3.1.4   only use Barclays DataServices for the purposes set out in this Agreement and any supporting documentation;

 

3.1.5   provide us with such reasonable assistance as we may require in relation to your use of Barclays DataServices and to enable us to perform our obligations under this Agreement; 

 

3.1.6   ensure your computer, or any other device you use is safe, efficient and complies with the standards and requirements we tell you from time to time;

 

3.1.7   carry out your own regular virus checks and firewall protection; and 

 

3.1.8   make your own contingency arrangements to cover system or operational failures or suspension.

 

3.2         You must at all times comply with 

 

3.2.1   any restrictions or prohibitions that we may from time to time notify to you in relation to Barclays DataServices; and

 

3.2.2   comply with the requirements and directions of any user guidance and supporting documentation provided by us (as amended or updated from time to time).

 

3.3         You must promptly notify us (and provide all relevant information) if you become aware of or suspect

 

3.3.1   any material breach or any material non-compliance with this Agreement or any fraud affecting Barclays DataServices;

 

3.3.2   any indications of compromise in relation to Barclays DataServices or your use of Barclays DataServices; and

 

3.3.3   any failure, delay, malfunction, virus or error in Barclays DataServices.

 

4.             Restrictions on use

 

4.1         You must not 

 

4.1.1   use Barclays DataServices in a country outside the UK if it would mean you or us breaking or being likely to break the law in that country; 

 

4.1.2   access, store, distribute or transmit any viruses or other harmful programs during the course of your use of Barclays DataServices or any material that is unlawful, harmful, infringing, facilitates illegal activity, and/or causes damage or injury to any person or property; 

 

4.1.3   access all or any part of Barclays DataServices and any user guides or supporting documentation in order to build a product or service which competes with Barclays DataServices; 

 

4.1.4   use Barclays DataServices and/or any user guides or supporting documentation to provide services to third parties; or

 

4.1.5   attempt, or allow any third party to attempt, to change (including by modifying, de-compiling or reverse engineering) copy, use or distribute any part of Barclays DataServices or other material provided by us or our agents without our prior written consent.

 

5.             Your warranties and representations

 

5.1         You warrant and represent to us that

 

5.1.1   you have the power and authority to perform your obligations under this Agreement; 

 

5.1.2   your entry into this Agreement and your performance of your obligations under this Agreement do not and will not violate

 

(i)    any law or regulation to which you are subject;

 

(ii)  any of your constitutional documents (if applicable); 

 

(iii) any agreement or instrument which you are a party to or which is binding on your or any of your assets;

 

5.1.3   all information which has been given to us by you prior to, on or after the date of this Agreement is true, complete and accurate in all respects; and

 

5.1.4   the service provider(s) whom you authorise to have your business banking current account transactional data automatically exported to via an approved Barclays portal in accordance with these terms and conditions, is authorised by you to view and/or download your business banking current account transactional data as set out in these terms and conditions.

 

6.             Support and maintenance

 

6.1         If you experience any problems, issues and/or faults with the registration and activation of Barclays DataServices, we will provide telephone support (which will only be available during such time as we shall advise you).

 

6.2         If you experience any problems, issues and/or faults with the ongoing functioning of Barclays DataServices, you will need to contact your software application provider for support.

 

7.             Intellectual property rights

 

7.1         All intellectual property rights in Barclays DataServices and supporting documentation shall at all times remain vested in Barclays and/or its licensors.

 

7.2         Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, any/all intellectual property rights in respect of Barclays DataServices.

 

8.             Barclays’ liability

 

8.1         We make no warranty or representation that your use of Barclays DataServices will be uninterrupted or error-free; nor that Barclays DataServices, user guides and/or any supporting documentation will meet your requirements.

 

8.2         We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that Barclays DataServices may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

 

8.3         We will not be liable for any delay in performing, or failure to perform, any of our obligations under this Agreement, which is caused directly or indirectly by any event, act, omission, or circumstances beyond our reasonable control, including without limitation industrial disputes and any act, omission or delay of any agent, correspondent or paying bank or any third party.

 

8.4         To the fullest extent permitted by law, we will not be liable to you in any circumstances whatsoever for any loss or damage that you suffer or incur as a result of your use of Barclays DataServices, including without limitation any

 

8.4.1   loss of profits,

 

8.4.2   loss of goodwill,

 

8.4.3   loss of reputation,

 

8.4.4   loss of business opportunity,

 

8.4.5   loss of data (including without limitation the loss of any of your account data after it has been imported into your software application and/or exported to your service provider via an approved Barclays portal),

 

8.4.6   loss of anticipated savings,

 

8.4.7   penalties and/or fines levied against you from any regulatory body or authority (including without limitation HMRC), including without limitation as a result of any late filing or submission of any tax returns or other associated documentation, or

 

8.4.8   for any special, consequential or indirect loss.

 

8.5         No warranty, condition, term or representation on the part of Barclays or any member of the Barclays Group regarding Barclays DataServices shall be implied or have effect unless expressly provided for in this Agreement.

 

9.             Your liability

 

9.1         You will indemnify us, along with our directors, employees and officers, against all or any loss, liability, costs, damage, action, proceeding, demand, charge or expense suffered or incurred by (or made or brought against) us directly or indirectly in connection with or arising as a result of

 

9.1.1   any breach of this Agreement by you; 

 

9.1.2   your breach of a third party’s intellectual property rights; 

 

9.1.3   modification by you of Barclays DataServices without our prior express written authorisation; 

 

9.1.4   our complying with or relying upon any instruction, direction, communication and/or information provided by and/or on behalf of you pursuant to this Agreement;

 

9.1.5   any negligence, fraud on your part or by anyone acting on your behalf or your employees or agents (whether or not authorised you); and

 

9.1.6   any breach by you or by anyone acting on your behalf or your employees or agents (whether or not authorised you) of any applicable law, court order or requirement of any regulatory or governmental authority or body.

 

10.        Withdrawal, suspension, closure and termination

 

10.1     You may cancel the data feeds for individual bank accounts or remove all of your bank accounts from Barclays DataServices at any time.

 

10.2     Your right to use Barclays DataServices will terminate automatically on the earlier of any suspension of Barclays DataServices for whatever reason, us ceasing to offer Barclays DataServices, or you ceasing to maintain an account with us. 

 

10.3     We may in our sole and absolute discretion suspend or withdraw your access to Barclays DataServices at any time where

 

10.3.1         you have seriously or persistently broken any term of this Agreement;

 

10.3.2         we cease to offer Barclays DataServices to our customers; or

 

10.3.3         we otherwise consider it appropriate to do so.

 

10.4     Upon termination of this Agreement, you shall promptly return to us or destroy (at our option) all data, materials and other properties belonging to us which are held by you or any of your employees or agents and you shall no longer be entitled to use Barclays DataServices.

 

10.5     Termination or suspension of this Agreement shall be without prejudice to any/all rights and obligations accrued up to the date of such termination and clauses 8, 9, 10, 11, and 12, which shall continue in full force and effect after and notwithstanding such termination or suspension.

 

11.        Data Protection

 

11.1     For the purposes of this clause, “personal data” and “data processor” shall have the meaning given to them in the Data Protection Act 1998.

 

11.2     We will and you will comply at all times with any applicable data protection legislation (including the Data Protection Act 1998) as it applies to you and us in our respective roles.

 

11.3     For all personal data where we are acting as your data processor, we will only act on your instructions in relation such personal data. 

 

11.4     Subject to our compliance with the remainder of this clause 11, you authorise us to use and disclose your personal data in such a manner as is reasonably necessary for the provision of the Barclays DataServices including by exporting to the relevant (i) approved third party accounting or software application, and/or (ii) authorised service provider, any personal data contained within your business banking current account transactional data.

 

11.5     We will, having regard to the state of technological development and the cost of implementing any measures, take appropriate technical and organisational measures against the unauthorised or unlawful processing of the personal data referred to in clause 11.3, and against the accidental loss or destruction of, or damage to, such personal data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and the nature of the personal data to be protected.

 

11.6     Any personal data held by us as a data processor which is owned by you will be returned to you upon your request, subject to us being able to retain sufficient copies of such personal data to be able to satisfy the requirements of our auditors and/or external regulators.

 

11.7     Any/all personal data will be processed by us in accordance with the Barclays Privacy Policy currently available here and clause 10 of the Customer Agreement currently available here.

 

11.8     Barclays DataServices uses cookies. For more information about how cookies are used, see our Cookies policy currently available here. By accepting this Agreement you are expressly agreeing to the use of cookies by Barclays in relation to Barclays DataServices. 

 

12.        General Provisions

 

12.1     You must keep confidential any user guides and supporting documentation in relation to the operation of Barclays DataServices. 

 

12.2     You acknowledge that Barclays DataServices are designed to integrate with the products and services from third parties, and the computer systems of third party service providers (such as your accountant). We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, acts or omissions of, or correspondence with, any such third-party products, services, or service providers, or any transactions completed, and any contract entered into by you with any such third parties.

 

12.3     There is no charge to use Barclays DataServices. However we reserve the right to charge a fee to use Barclays DataServices in the future. 

 

12.4     Both parties can terminate this Agreement in accordance with the Customer Agreement.

 

12.5     Barclays may change the terms of these additional conditions at any time in accordance with the Customer Agreement.

 

12.6     All indemnities, reliefs and limitations of liability in favour of Barclays or the Barclays Group shall apply equally to all employees and agents of Barclays or the Barclays Group as the case may be.

 

12.7     These additional conditions together with the Customer Agreement, constitute the entire agreement between us in respect of Barclays DataServices. No warranty shall be implied or have any effect unless specifically included in this Agreement and in any changes subsequently notified by us.

 

12.8     These additional conditions shall be governed by English law.

 

 

 These terms and conditions were last updated on 3 April 2018.