To: Capita Financial Services Inc.
It would be convenient and in my/our interests if I/we could at any time and from time to time send verbal instructions/ instructions by means of electronic mail to Capita Financial Services Inc. in relation to any and all my/our existing accounts, facilities and other arrangements with Capita Financial Services Inc. (“CFS”) and any accounts, facilities and other arrangements which I/we may now or in the future have with CFS.
In consideration of CFS agreeing to accept verbal instructions/ instructions by means of electronic mail from me/us as aforesaid, I/we agree: 1. that CFS may act on any verbal instructions/ instructions by means of electronic mail given by me/us from time to time, and I/me voluntarily and with full knowledge take and assume any and all risks associated therewith;
2. that once verbal instructions/ instructions by means of electronic mail have been given to CFS purportedly by the person (or by any of the persons, if more than one) specified below, CFS shall have no obligation to check or verify the authenticity or accuracy of such verbal instructions/ instructions by means of electronic mail purporting to have been sent by me/us and may act thereon as if same had been duly given by me/us;
3. that in acting on verbal instructions / instructions by means of electronic mail CFS shall be deemed to have acted properly and to have fully performed all obligations owed to me/us, notwithstanding that such verbal instructions/ instructions by means of electronic mail may have been initiated, sent or otherwise communicated in error or fraudu lently, and I/we shall be bound by any verbal instructions/ instructions by means of electronic mail on which CFS may act if CFS has in good faith acted in the belief that such verbal instructions/ instructions by means of electronic mail were given by me/us;
4. that CFS may, in its absolute discretion, decline to act on or in accordance with the whole or any part of a verbal instruction/ transmission/ instruction by means of electronic mail pending further enquiry to or further confirmation (whether written or otherwise) by me/us, so however that CFS shall not be under any obligation to so decline in any case, and CFS shall in no event or circumstances be liable in any respect for not so declining; and
CUSTOMER APPLICATION INSTRUCTIONS: AUTHORITY AND INDEMNITY
5. to release CFS from and indemnify CFS against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to, CFS having acted in accordance with the whole or any part of any verbal instructions / instructions by means of electronic mail or having exercised (or failed to exercise) the discretion conferred upon CFS in Clause 4 above.