ZENITH TRADE PORTAL TERMS AND CONDITIONS
By applying for the use of the Zenith Trade Portal product, the customer hereby agrees to
the following terms and conditions:
OBLIGATIONS OF THE BANK
i. To provide the customer with such services as listed in the attached document referred
to as annexure A.
ii. To ensure the customer’s requests sent from Trade Portal services online are
processed.
iii. To ensure that incoming messages from the customer’s beneficiary’s bank is sent to
the customer via the trade portal services (message to bank).
iv To ensure that customer has access to LC drafts, future telex, etc.
v To ensure funds transfer requests are processed and telex sent when compliant with
regulation.
vi. To ensure that payments are executed by the effective payment dates indicated by the
customer in the customer’s file sent when compliant with regulation.
vii. To provide the Customer with status report, which may be by electronic means or
otherwise, showing details of all payments made by the Bank on behalf of the
customer;
OBLIGATIONS OF THE CUSTOMERS
i. To provide the Bank with every information required to effectively process requests
received from the trade portal service.
ii. To ensure that the application and user forms forwarded by the Customer is in line
with the customer’s account mandate with the Bank;
iii To ensure that all security details such as passwords, PIN and access codes are
kept private and not shared with anyone.
iv. To provide at least one member of staff to be nominated as product owner and
thoroughly trained by the Bank to provide the first line of support for all enquiries to be
made by the customer;
v. To pay the relevant fees and expenses associated with transaction, these charges are
Subject to review from time to time by the Bank.
vi. To ensure appropriate signatories and authorizers are set up to approve payments and
requests in accordance with the Bank account mandate.
vii. To ensure that appropriate documents are attached for every payment made in the
System as the Bank does not verify/confirm the correctness of such documents.
viii To perform due diligence on their suppliers and other counter party.
ix To ensure all users are conversant and adhere to this terms and conditions
x. In consideration of the Bank opening a Letter of Credit the customer undertakes to
repay to the bank all monies paid in pursuance of this Letter of Credit together with
interest, commission and all customary charges. The Bank is hereby authorized to
charge any account of the customer with all monies so paid or for which the Bank is
liable under this Credit.
xi All goods and all Bills of Lading, Warrants, Delivery Orders, Documents of Title and
Securities whatsoever which have been or shall hereafter delivered into the
possession of the Bank or its agent as a result of opening or in connection with any
transaction under this Credit are and shall be pledged to the Bank as security for all
payments made or which may be made by the Bank or its agents under this Credit
together with interest, commission and other customary charges and the bank shall
have full discretion and power of sales over the said goods without prior notice to the
customer.
xii. This Customer undertakes to hold the Bank covered against fire and other risks after
the expiry of the insurance provided and in case of loss the amount due under
all such policies hall be paid over to the Bank. The Customer authorizes the
Bank to collect the amount due under any such insurance.
xiii The customer undertakes to pay freight and landing charges on the goods.
xiv Neither the Bank nor its agents shall be in any way responsible for the correctness
of description, quality, quantity, value or delivery of any goods nor for the
correctness genuiness regulatory of validity of any drafts or documents nor for the
general or particular conditions stipulated in any document, nor for delay or
deviation from instruction in regard to shipments.
xv. The Customer undertakes to provide the Bank at or before maturity with funds
To meet all disbursements and acceptance together with commission, interest,
charges, etc.
xvi This Letter of Credit is subject to the usual terms and conditions operating in the
centre where the Credit be established.
xvii. It is understood that all instructions and correspondence relating to this Credit are
to be sent at the risk of the Customer and that the Bank does not assume any
responsibility for any inaccuracy, interruption error or delay in transmission or
delivery by post, telegraph, swift or any other expeditious means as deem fit by
the Bank.
xviii This credit is subject to the Uniform Customs and Practice for Documentary
credits (2007 Revision) International Chamber of Commerce, publication No. 600.
xix The opening of this Letters of Credit and other future Letters of Credit is subject to
the above terms and conditions to which we agree.
INDEMNITY AND RELEASE CLAUSE
The customer shall indemnify and keep the Bank fully indemnified against all
claims, demands, liabilities, actions, proceedings, losses, costs, (including
reasonable attorney’s fees and costs) which may be incurred by the Bank arising
out of or in connection with the execution of the Customers’ instruction to make
payments and the performance of the obligations contemplated under this
transaction.
ARBITRATION
The customer and the Bank shall use their best efforts to amicably settle all
disputes arising out of or in connection with the performance or interpretation of
these Terms and Conditions. Any dispute or differences arising out of the
construction, interpretation or performance of the obligations created under this
business relationship which cannot be settled amicably within one (1) month after
receipt by a party’s request for such amicable settlement may be referred to a
single arbitrator to be appointed in accordance with the Arbitration and Conciliation
Act. Cap. A 18, Laws of Federation of Nigeria 2004.
FORCE MAJEURE
The Customer and the Bank agree that there shall attach no liability to carry out
any obligations under the Terms and Conditions if it is attributable to the event of
force majeure including but not limited to systems downtime, Server failure, civil
commotion, strikes or lock outs, war, flood, insurrection and other acts of God
PROVIDED however that where an event of force majeure subsists for more
than one (1) month the party affected by such force majeure event shall be
deemed to have been voluntarily excused from the transaction contemplated by
this Agreement.
GOVERNING
LA
W
These terms and Conditions shall be governed and construed in accordance with
the laws of the
Federal Republic of Nigeria in force from time to time.
Having read and understood the provisions of these Terms and Conditions, I/We
hereby append my/our signature(s) this day……………………..day
of………………………..20………
*(For a Company)
THE COMMON SEAL OF the within named
....................................................................
Was hereunto affixed in the presence of
....................................................................
DIRECTOR
....................................................................
SECRETARY
*(For an individual)
……………………………………………………..
(N 15.00 Stamp)