I hereby request that FirmusCapital Limited (“Firmus”) or Firmus Retail Services Limited (“FirmusRSL”) or Firmus Microfinance Bank (“Firmus MFB”) a body corporate duly incorporated under the Companies and Allied MattersAct, CAP C 20 LFN 2004 (hereinafter “Firmus”) should act on all instructions transmitted via e-mail address or WhatsApp by me using the above email and phone number only.
Firmus is prepared to act upon these instructions received via the above e-mail address or WhatsApp stated above subject to the Customer providing the indemnity in the form herein below:
1. I shall furnish Firmus with an e-mail address and phone number from which Firmus can accept instructions and confirm these instructions. I shall be entitled to amend the aforementioned e-mail or phone number by written instructions duly executed per the authorized mandate vide the existing email or phone number in Firmus records.
2. I irrevocably authorize Firmus to make any payments and comply with all instructions contained in such email or WhatsApp chat, without any reference to or further authority from me and without enquiry into the justification or validity thereof and agree that Firmus may assume the authenticity thereof and that any payment which Firmus shall make or instructions which Firmus may comply in accordance or purporting to bein accordancewithsuchemail orWhatsAppinstructions shall bebinding uponmeandshall beacceptedby
me as conclusive evidence that Firmus was liable to make such payment or comply with such demand.
3. It is not possible for Firmus to check the authenticity of all emails or WhatsApp chats and instructions that claim to come from the customer.
4. All emails or WhatsApp chats which claim to come from mewill be treated as having been given by me inthe form actually received by Firmus. The claimed instructions may as a result of the malfunction of equipment, the distortion of communication links and the like, be different to that intended or sent, I shall nevertheless be bound by it.
5. I confirm that Firmus will not be liable for any loss incurred by me as a result of Firmus acting or declining toact (wholly or in part) on instruction which Firmus believes to have been given in conformity with the above, whether or not such instructions have been so given. The fact that any instruction may later be shown to bein any way false, incomplete, inaccurate
delayed, erroneous, unauthorized or otherwise not authentic should not be an impediment to the rights of Firmus hereunder.
6. Firmus may but is not obliged to act on any instruction that claims to come from the Customer;
7. I agree to indemnify Firmus and keep you indemnified against all actions, proceedings, claims, losses, liabilities, damages, cost and expenses in relation to and arising out of
any of your acts or to act in accordance with such email or WhatsApp chat and to pay or reimburse Firmus on demand and in the currency in which the same shall have been
made, suffered or incurred by Firmus there under or in consequence thereof arising thereout and I irrevocably authorize Firmus (without prejudice to any other rights that Firmus
may have) to debit my account or any of my accounts with you all such payments, losses, costs and expenses whether such account or accounts is or are over drawn by reason of any
such debit.
8. I hereby confirm that Firmus shall not be liable to me or any other person where:
| i) ii) iii) iv) | I have entered incorrect details and the payment is made to the wrong recipient; I have exceeded transactional limits for transactions or I am acting outside of the authorized mandate; My emails or WhatsApp chat are not received by Firmus from the above address or phone number; My hardware, software or internet provider’s service is not functioning properly; |
v) The transaction is suspicious fraudulent resulting in losses to the third party;
vi) The transaction details received do not contain the correct information;
vii) My receipt of funds is intercepted by legal process or other encumbrance restricting transfer;
viii) Unforeseen circumstances prevent the execution of a request by Firmus despite any reasonable precautions taken by Firmus. Such circumstances may include but are not
limited to acts of God, power outages, fire, flood, theft, equipment breakdowns, internal mechanical malfunction or Firmus system delays or failures.
9. This Agreement shall be governed by and construed in accordance with the Laws of the Federation of Nigeria.
10. I hereby agree to adhere to the procedures or restrictions imposed by Firmus with regards to the issuance of email or WhatsApp instructions to Firmus.
ACCOUNT MANDATE/AUTHORIZATION (Signatory details)
Account Name: ____________________________________________________________________________
Signature: Date
DECLARATION
I/we hereby apply for the opening of a Firmus account. I/We understand that the information given herein and the documents supplied are the basis for opening such account (s) and I/We therefore
warrant that such information is correct. I/We further undertake to indemnify Firmus for any loss suffered as a result of any false information or error in the information provided to Firmus
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