NAB SMS Banking Terms and Conditions

Notice of change to NAB SMS Banking Terms and Conditions

Effective from the 22 January 2010 SMS Banking Fees and SMS Alert Fees will be abolished. The following changes will be made to the NAB SMS Banking Terms and Conditions to address removal of these fees from the effective date:

a) include the following new clause 5.5 (old 11.5) 

You may also incur charges from your mobile device operator including charges for sending or receiving SMS messages. Any such charges are your sole responsibility and any matters regarding these changes should be raised with your telecommunications provider.

b) remove clause 8.8.

A fee applies to each SMS Banking alert for which NAB may debit the account to which the SMS Banking Alert relates. The fees for SMS Banking Alerts are set out in NAB's Guide to Fees and Charges – Personal Banking which is available at nab.com.au They are payable in accordance with clause 11 as a feature of the service

c) remove clauses 11 (including clause 11.1 to 11.8)

11.1 You must pay NAB's standard fees and charges relating to the service in accordance with 11.

11.2 When you use the service:

(a) to request information, NAB may debit the account to which the enquiry relates with the standard fee and charge relating to the request;

(b) to make a transfer, NAB may debit the account from which the funds have been debited with the standard fee and charge relating to the transfer;

(c) to make any other transaction, NAB may debit the account to which the particular transaction relates with the standard fee and charge relating to the transaction.

11.3 If you incur fees and charges in connection with your account and you subsequently request a change to the details of the account (for example, you request NAB to transfer to another personal account or to close your account and to open another account or otherwise), NAB may debit any such fees and charges to the new account.

11.4 The amount and nature of the standard fees and charges relating to the service including the use of the service by you are set out below. These fees are subject to change. Current fees and charges can be viewed at nab.com.au


Fee and charge1		 Fee and charge amount
Account Balance $0.25 per transaction
Mini Statement $0.25 per transaction
Funds Transfer $0.40 per transaction
SMS Banking Alerts2 $0.25 per alert

1 These fees and charges will not apply where they are debited to any NAB Visa One Fee-Free or NAB Choice Package, NAB Tailored Home Loan Package, Private Tailored Package, Portfolio Package and Private Portfolio Package's personal NAB accounts.

2 This fee does not apply to the Credit card payment reminder alert.

11.5 You may also incur charges from your mobile device operator including charges for sending or receiving SMS messages. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your telecommunications provider.

11.6 If the fees and charges for the service cause the relevant account to become overdrawn NAB may require you to pay the fees in any other manner NAB determines.

11.7 If you close your account, NAB will select another account to which fees and charges relating to the service may be debited. If NAB determines there is no satisfactory account, NAB may immediately cancel the availability of the service to you until such time as you open an account which is satisfactory to NAB or you pay NAB the fees in some other manner acceptable to NAB.

11.8 NAB may at its discretion waive any fee or charge to your account to which it is entitled. The failure by NAB to collect any fee or charge which applies to your account does not give rise to a waiver of that fee or charge in the future.

d) delete reference to “and the refund of any charges or fees imposed on the account holder as a result” clause 14.2

Terms and Conditions

effective 22.01.10

Contents

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Things you should know

The SMS Banking terms and conditions (these terms and conditions) apply to the SMS Banking service.

It is important that you read and understand these terms and conditions that apply to the SMS Banking service. These terms and conditions can be viewed at nab.com.au or are available from NAB at any time.

If you are a user of the service, these terms and conditions will replace any terms and conditions currently applicable to your use of the service.

Any advice contained in this document has been prepared without taking into account your objectives, financial situation or needs. Before acting on this advice, NAB recommends that you consider whether it is appropriate for your circumstances.

National Australia Bank Limited ABN 12 004 044 937, Australian Financial Services Licence 230686, is the issuer of each financial product included in this document.

For questions concerning the service please contact the NAB Internet and SMS Banking Support team on 1300 651 656.

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1 Who can register?

1.1 You can register for the service, provided that you:
(a) are aged 16 years or older;
(b) have an eligible account;
(c) have an eligible mobile device capable of SMS messaging and which is for your own exclusive use; and
(d) are authorised to use and incur charges on a mobile device in relation to the service.

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2 When these terms and conditions apply

2.1 NAB offers to make this service available to you on these terms and conditions. You will be taken to have accepted these terms and conditions when you indicate acceptance of these terms and conditions during the registration process or when you first access, or seek to access an account through the service.

2.2 These terms and conditions are in addition to any of NAB's terms and conditions for an account.

2.3 If there is any inconsistency between these terms and conditions and the terms and conditions applying to an account provided by NAB, these terms and conditions apply to the extent of that inconsistency.

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3 Functionalities of the service

3.1 NAB may at any time add to, remove, change or impose restrictions on the functionalities of the service in any respect including, without limitation:
(a) generally;
(b) in relation to a user or class of users;
(c) in relation to an account or a class of accounts;
(d) who can use the service; or
(e) in relation to passwords or other security devices to access the service.

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4 Accounts

4.1 There is a limit to the type of accounts which can be accessed by means of the service. NAB provides this account information and information about transactions you can undertake using the service when you register for the service. You may also refer to the FAQs at nab.com.au for further details.

4.2 Accounts which are designed primarily for a business or established primarily for business purposes cannot be accessed using the service.

4.3 The service is only available on accounts which are nominated during the registration process or at other times within NAB Internet Banking or to the support team or by any other method NAB advises is acceptable.

4.4 In respect of joint accounts the service will be limited to accounts that can be operated by no more than 1 signatory.

4.5 If, in accordance with the terms of your account, NAB approves:
(a) your request to change an account which is not eligible to be accessed using the service to an account which can be accessed using the service; or
(b) your request to change an account which is eligible to be accessed by the service to an account which is not eligible to be accessed by the service then NAB has up to 48 hours in the case of (a) above to make this account accessible to you using the service. You will need to comply with procedures specified by NAB for this service, e.g., setting up a nickname. In the case of (b) above NAB has up to 48 hours to remove this account from the service.

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5 Mobile devices

5.1 Not all mobile devices may be capable of accessing and using the service. You are responsible for using, having or obtaining a compatible mobile device in connection with any use of the service. NAB is not responsible for any inability of a mobile device to access the service or any loss or damage to a mobile device resulting from your access or use or attempted use of the service.

5.2 If you travel outside of Australia you may still have access to the service. You should check with your telecommunications provider that the mobile device will be able to use the SMS network in those countries in which you are travelling and that you can retain the mobile phone number registered for the service.

5.3 Any conditions of use and charges relating to a mobile device are your responsibility. You must notify your mobile device provider if the mobile device is lost or stolen.

5.4 If you believe your mobile device is lost, stolen or damaged please refer to 9 “Your responsibilities” for the action to take to limit your liability.

5.5 You may also incur charges from your mobile device operator including charges for sending or receiving SMS messages. Any such charges are your sole responsibility and any matters regarding these changes should be raised with your telecommunications provider.

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6 Access to the service

6.1 You may request to register for the service:
(a) through NAB's Internet Banking service;
(b) by calling the support team on 1300 651 656;
(c) by other methods made available by NAB from time to time. NAB will make this information available to callers using the support team or at nab.com.au or via the service.

6.2 NAB will approve a request to register for the service in accordance with 6.1 at NAB's discretion. If NAB approves a request for registration, NAB will send a welcome message via SMS to the mobile device nominated for use with the service within 24 hours of the request for registration. When this message is received you can use the service. If the welcome message is not received from NAB within 48 hours of the request for registration, you should contact the support team.

6.3 During registration you will be asked to:
(a) provide the mobile phone number of your mobile device capable of SMS messaging and which is for your exclusive use; and
(b) nominate for each eligible account to be used with the service:
(i) an account nickname; and
(ii) the service functionality you wish to use.

6.4 You may use the service in accordance with these terms and conditions unless your use of the service is cancelled or suspended under these terms and conditions.

6.5 Access to the service, or access to certain functionalities of the service, may only be allowed by NAB:
(a) if the procedures specified by NAB have been complied with; and
(b) if NAB has received in a form, and in the manner satisfactory to it, any document or information, including any document which identifies you, as NAB reasonably requires.

6.6 Access to the service:
(a) will be denied if:
(i) your mobile device number expires or is otherwise cancelled; or
(ii) you send three consecutive invalid SMS instructions to the service.
(b) may be denied by NAB if any instruction, including any comment, message or note provided in connection with any instruction is made in language NAB considers to be inappropriate.

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7 Transfers

7.1 You will be able to transfer funds from and to your accounts which are accessible using the service. The amount which is able to be transferred may be subject to a daily limit set by NAB. NAB also reserves the right to restrict certain types of transfers (for example cash advances) and limit the amount which may be transferred from an account using this service. You should refer to FAQs at nab.com.au for details of any restrictions or applicable daily limits.

7.2 The limits advised by NAB are not an undertaking by NAB to limit the amounts transferred by use of the service. However, the advised limits do limit your liability for unauthorised transactions. Instructions to NAB

7.3 You agree that:
(a) subject to (b) an instruction to NAB by you constitutes a valid and irrevocable authority to NAB to follow that instruction and that NAB is not obliged to make any further enquiry; and
(b) subject to 7.4, an instruction to transfer funds will be processed on the same day the instruction is given.

7.4 You accept that subject to 13 “Failure of NAB equipment and NAB systems:”
(a) NAB need not act or may delay acting on any instruction by you;
(b) an instruction by you may be processed at the option of NAB on the next banking day after the instruction is given;
(c) the accuracy about an account and the account balance which you obtain through the service is subject to checking by NAB as part of its normal procedures and reflects the entries that have been posted to the relevant account at the time the information is obtained;
(d) that NAB is not liable for any loss or damage caused directly or indirectly to you as a result of NAB's failure to act or delay in acting on any instruction given by you; and
(e) it is your responsibility to use other means of effecting transfers and giving and obtaining information if for any reason the service is unavailable or malfunctioning.

7.5 You are responsible for all instructions given in relation to your accounts which are authorised by use of your mobile device in connection with the service or undertaken by another person with your knowledge or consent.

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8 SMS Banking Alerts

Definition:

SMS Banking Alerts primarily means messages NAB may send to your mobile device which contain information concerning your accounts as selected by you. In some cases, messages may be requested by you to be sent by NAB to a nominated mobile device for which you have consent to disclose the telephone number to NAB. Examples of the types of SMS Banking Alerts are available in the FAQs at nab.com.au

Nominated mobile device means a device not owned by you but to which you have requested an SMS Banking Alert to be sent by NAB and for which you have consent to disclose the telephone number to NAB for this purpose.

8.1 Once you have registered for the service, you may register to receive and/or send SMS Banking Alerts by making your selections through NAB Internet Banking or with the support team on 1300 651 656.

8.2 Account information contained in the SMS Banking Alert will be current at the time corresponding to the time and date stamp within the SMS Banking Alert rather than as at the time of receipt or delivered.

8.3 SMS Banking Alerts are scheduled for delivery at the time requested for the particular day or frequency which you select for the particular alert. These options are set out in the FAQs at nab.com.au. Where systems interruptions cause delay in delivery, NAB will do all things within its control to ensure delivery as soon as possible after the scheduled time.

8.4 You acknowledge that SMS Banking Alerts will deliver confidential account information to your mobile device. It is your responsibility to adequately protect your mobile device from unauthorised access to this confidential information.
NAB excludes all liability for unauthorised access to information contained in an SMS Banking Alert delivered to your mobile device at your request.

8.5 By nominating a mobile device to which you give instructions to NAB to deliver a SMS Banking Alert, you represent that you have consent to disclose the telephone number to NAB and that the telephone number is correct, current and active for the intended recipient. You are responsible for the information you request in the SMS Banking Alert to be sent by NAB to the nominated mobile device. NAB is not liable for this disclosure delivered in accordance with your instructions.

8.6 Due to the confidential nature of the information contained in SMS Banking Alerts you must notify NAB of any change to your mobile device, including disconnection or if your phone is lost or stolen.

8.7 Delivery of SMS Banking Alerts may be: (a) cancelled at your request by updating your registration through NAB Internet Banking or calling the support team on 1300 651 656; or (b) suspended or cancelled by NAB for any reason without immediate notice to you. NAB will provide information regarding status of any suspension or cancellation of the service as soon as reasonably practicable via message to your NAB Internet Banking message address.

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9 Your responsibilities

9.1 You must notify the support team immediately if:
(a) your mobile device used to access and use the service is lost, stolen, fraudulently accessed or the mobile phone number of the mobile device has changed;
(b) you become aware of any unauthorised transaction or error on an account using the service.

9.2 You should check your account records carefully and promptly notify NAB of any apparent discrepancy by calling the support team on 1300 651 656.

9.3 You must ensure you:
(a) lock your mobile device or take other measures to stop unauthorised use of the service;
(b) do not provide your mobile device to any other person;
(c) do not disclose your account nickname(s) to any other person;
(d) delete SMS messages you have sent to or received from NAB.

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10 Security

10.1 NAB takes vigorous security measures to protect customers' data. NAB will endeavour to provide a secure system within which you can retrieve account information and carry out banking using the service. Instructions and other messages including SMS messages are not encrypted as they do not contain sufficient information to enable a person to access your accounts.

10.2 However you are responsible for taking reasonable and appropriate security measures in relation to your own mobile device. NAB has no control over who can access the information supplied by NAB to your mobile device using the service after the information has been delivered to you. Information is deemed to have been delivered to you at the time when the communication was sent by NAB.

10.3 You should ensure you restrict access to the information sent to your mobile device and delete any SMS messages you have sent to and received from NAB.

10.4 If unauthorised access to your account occurs through your failure to have such security measures in place you may be liable for any loss that you may suffer as a result of those unauthorised transactions.

10.5 No password or other secure access code is issued in connection with the service.

10.6 Only instructions or messages which NAB is able to confirm have been sent from your mobile device will be replied to by NAB. When NAB receives an instruction to transfer, NAB will require you to provide the identifier generated by NAB (a 3 digit code) when you confirm the instruction to NAB. NAB will confirm the transfer by sending a confirmation SMS to your mobile device including a transfer reference number. You should contact the support team in the event NAB does not accept any instruction using the identifier or a transfer confirmation is not received by your mobile device. Provision of the identifier does not alter your responsibility for the transaction. You should read 12 “Liability for losses”.

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11 Cancellation and suspension

11.1 In addition to any other right to suspend or cancel access to the service described in these terms and conditions, NAB can suspend or cancel access to the service without giving you notice and without being responsible for any loss which you suffer as a result.

11.2 You may end the use of the service at any time by giving notice to NAB by calling the support team or via the NAB Internet Banking service.

11.3 If you do not use the service for 12 months NAB may end it without notice to you.

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12 Liability for losses

12.1 This section sets out important rules which govern accountholder's liability for unauthorised transactions. The liability set out below overrides any other sections to the extent of any conflict or inconsistency for all transfers on the account.

12.2 You are not liable for loss:
(a) caused by the fraudulent or negligent conduct of NAB's employees or agents or third parties involved in the provision of the service;
(b) resulting from the same transfer being incorrectly debited more than once to the same account;
(c) resulting from any other unauthorised transactions where it is clear that you could not have contributed to the loss.

12.3 You are liable for all losses if you have acted fraudulently, either alone or together with any other person.

12.4 Subject to 12.2 and 12.3, where it is clear that you have contributed to the losses because you have failed to comply with 9.2 and 9.3 “Your responsibilities”, or the user has unreasonably delayed notifying NAB under 9.1 “Your responsibilities”, then you may be liable for those losses except for that portion of the total losses incurred that exceeds the balance of your account, including any pre-arranged credit or any applicable daily limit on the day of the unauthorised transaction.

12.5 To remove any doubt for the purpose of applying this section 12 “Liability for losses” each transaction by you using the service in connection with an account that can be operated by no more than 1 signatory is a use that is authorised by each account holder and signatory on the account.

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13 Failure of NAB equipment and NAB systems

13.1 NAB will be liable to users for losses you suffer caused by the failure of NAB's equipment or NAB's system to complete a transfer accepted by NAB's system or NAB's equipment in accordance with your instructions.

13.2 However, where you should have been aware that NAB's equipment or NAB's system was unavailable for use or malfunctioning, NAB's responsibilities will be limited to the correction of any errors in the account holder's account. NAB will also not be liable for any losses caused by the failure of NAB's equipment or NAB's systems where NAB's systems or NAB's equipment had not accepted the transfer.

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14 Trade Practices

14.1 Nothing in these terms and conditions has the effect of restricting or modifying any rights which by law cannot be excluded, restricted or modified.

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15 Changes to terms and conditions

15.1 In addition to any other changes NAB may make under these terms and conditions (which are detailed in these terms and conditions), NAB may change any other terms and conditions (including imposing new fees and charges, changing the amount, type or method of calculation of fees and charges payable). NAB will make any changes in accordance with applicable legislation and industry codes.

15.2 NAB will give you notice of changes at least 30 days before the change takes effect and you agree to receive notice:
(a) in writing (for example by notice on your account statement); or
(b) by electronic communication described in 16 “Electronic communication”.

15.3 To the extent permitted by the applicable legislation and industry codes, NAB reserves the right not to give advance notice when changes are necessitated by an immediate need to restore or maintain the security of NAB's systems or accounts.

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16 Electronic communication

16.1 Where the applicable legislation and industry codes permit, NAB may use electronic means to communicate with you in connection with notices, consents, approvals and other communications in connection with these terms and conditions. This means NAB may communicate by electronic communication:
(a) to your nominated electronic address including SMS to your mobile device; or
(b) by making particulars available at nab.com.au NAB will promptly notify you by electronic communication in accordance with (a) above that the information is available for retrieval at nab.com.au and the nature of the information and you will be given the opportunity to retrieve that information for future reference by printing it.

16.2 You may change your nominated mobile phone number by giving NAB notice.

16.3 You may request a paper copy of a communication given electronically within 6 months of the electronic copy being received or made available.

16.4 A communication is deemed to be received when the communication enters the recipient's designated mobile device or information system or is capable of being viewed from a recipient's computer, and is effective when received even if no person is aware of its receipt.

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17 Complaints, disputes and discrepancies

17.1 For information about resolving problems or disputes, contact NAB on 1800 152 015, or ask at any NAB branch. For more details about our internal dispute resolution procedure please ask for our complaints resolution brochure.

17.2 If you subsequently feel that an issue has not been resolved to your satisfaction, you may be able to raise your concerns with the Banking and Financial Services Ombudsman. To contact the Banking and Financial Services Ombudsman Scheme, write to: GPO Box 3, Melbourne VIC 3001 or telephone by calling (03) 9613 7333 or toll free on 1300 780 808 for callers outside the Melbourne metropolitan area.

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18 Code of Banking Practice

18.1 Relevant provisions of the Code of Banking Practice apply to this service if you are an individual or a small business customer (as defined by the Code). You can obtain from us, on request, a copy of the Code and:
(a) information on your current interest rates and standard fees and charges relating to this service;
(b) general descriptive information concerning NAB's banking services including account opening procedures, general descriptive information about cheques (for accounts with cheque access), bank cheques, our obligations regarding the confidentiality of your information, complaint handling procedures, the advisability of you informing NAB promptly when you are in financial difficulty and of you reading the terms and conditions applying to each banking service NAB provides to you; and
(c) general descriptive information about the identification requirements of the Financial Transactions Reports Act 1988 (Cwth) and the Anti Money Laundering And Counter Terrorism Financing Act 2006 and the options available to you under the tax file number legislation.

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19 EFT Code

19.1 NAB warrants that it will comply with the EFT Code for all EFT transactions. For the purposes of the EFT Code, service transfers on accounts using the service are EFT transactions.

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20 Governing law

20.1 These terms and conditions and transactions contemplated by them are governed by the law in force in Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of those courts.

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Definitions

Meaning of Words

‘account'
means a personal NAB account which NAB has determined is accessible by the service.
‘account holder'
means a person who has an account in their own name or, if in joint names, in respect of which NAB may act on the instructions of any 1 or more of them.
‘account balance'
means in relation to an account at any time the balance of the account incorporating the most up-to-date information available to the service at that time. The account balance may not include all transactions that have occurred prior to that time and may not always represent the amount of funds that are actually available for withdrawal at that time.
‘account nickname'
means a short word to describe an account used in association with the service that is selected by you at the time of registration and which may be changed by you within Internet Banking, or by calling the support team or by any other method NAB advises is acceptable.
‘banking day'
means any day other than a Saturday, Sunday or a day gazetted as a public holiday throughout Australia.
‘Electronic Transactions Act'
means the Electronic Transactions Act 1999 (Cth) and each analogous State and Territory enactment.
‘EFT Code'
means the Electronic Funds Transfer Code of Conduct.
‘FAQs'
means the list of Frequently Asked Questions set out in nab.com.au/SMSbanking
‘instruction'
means any request or instruction to NAB effected by use of a mobile device registered with NAB and includes SMS messages and instructions to make a transfer.
‘mobile device'
is a device that you have registered for use in connection with the service and that communicates with NAB via SMS.
‘NAB'
means National Australia Bank Limited (ABN 12 004 044 937) and includes its successors and assigns.
‘service'
means the NAB SMS Banking Service which enables the electronic receipt and transmission of information about your accounts and to carry out a range of transactions.
‘SMS'
means the Short Messaging Service, which enables you to send and receive short text messages through mobile phones and other SMS enabled devices such as a personal digital assistant.
support team'
means the NAB Internet and SMS Internet Banking support team on 1300 651 656.
‘transfer'
means the transfer of funds between accounts. ‘unauthorised transaction' means a transfer not authorised by you. It does not include transactions carried out by you, or by anyone performing a transaction with your knowledge and consent.
‘you' and ‘your'
means the account holder.

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For information on NAB SMS Banking call

1300 651 656
8am – 9pm EST, Monday to Friday
9am – 6pm EST, Saturday to Sunday
or visit nab.com.au/smsbanking

To call from overseas, dial
+613 8641 9886

Call for support – do not send an SMS message

Hearing impaired customers with telephone typewriters can contact us on 13 36 77

©2008 National Australia Bank Limited ABN 12 004 044 937 AFSL 230686 64734A1207

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