RELEASE AND INDEMNITY FAX, TELEPHONE, SCANNED DOCUMENT And E-MAIL
TRANSMISSIONS (THE INDEMNITY)
WHEREAS I/we, hereby request and authorize you (but you are Not obliged) to act on any instructions or
communications for any purpose, which may from time to time be or purport to be given by email (any
reference To an email in this authority and indemnity shall mean any signed instruction addressed to the
bank which has been attached to an email). And WHEREAS I/we acknowledge that the facsimile
instructions and/or email message are not secure error-free mediums of communication and
acknowledges that it is not practical for the bank to establish the authenticity of all messages faxed, sent
by e-mail or scanned as well as telephonically transmitted to the bank purportedly to emanate from
me/us; and whereas the bank has informed me/us that it is prepared To act on such instructions being
faxed/emailed/scanned documents or telephonically which purport to emanate from me/us provided it
receives this indemnity in the agreed executed form.
and whereas I/we are prepared to give such release and indemnity;
now therefore, I/we do hereby,
1. Agree that all instructions being faxed/ email messages / scanned documents, mandates, consents,
commitments, resolutions, minutes of meetings and any other documentation which purport to emanate
from me/us shall be deemed to have been given by me/us in the form actually received by the bank
(purported faxed or e-mailed or scanned document instructions) which may, as a result of the malfunction
of equipment, the distortion of communication links and the Like, be different to that intended or sentand I/we shall be bound thereby.
2. Waive any rights I/we may have or obtain now or in future against the bank arising directly or
indirectly from any losses or damages which I/we may suffer because the bank acts ( in whole or in part)
on any purported faxed or e-mailed or scanned instructions or telephonically as well as allowing the third
party to collect cash from my/our account and I/we agree to indemnify the bank in respect of any claims,
demands or actions made against it or losses or damages suffered or incurred by the bank and which shall
have arisen either directly or indirectly out of or in connection with the bank accepting the telephonic ,
faxed, scanned or emailed instructions and acting there on;
3. Agree that the bank is not to be held liable for errors or delays in transmissions, or the
misinterpretation on receipt, or for any loss or damage from whatever cause as a result of the bank
permitting this arrangement, including those instances that I/we use a representative and or messenger or
payment to third party for cheque encashment to act on our behalf in the collection of funds from the
bank but excluding losses arising from the proven unlawful or fraudulent acts of the bank's employees;
4. Agree to implement and adhere to any procedures and/or restrictions imposed on me/us by the bank
from time to time regarding the sending of instructions to the bank or third party discharging this mandate
on my/our behalf;
5. Agree that this release and indemnity will not be affected by any failure by the bank to impose any or
sufficient procedures or restrictions or to ensure that any, or all of them are adhered to;
6. I/We acknowledge that I/we are solely responsible for and legally bound by the actions or instructions
of the third party's cashed cheques in my/our account. and whereas, the bank has informed me/us that it is
prepared to act on our instructions as mentioned above.
7. Notwithstanding any provisions contained herein, the bank at its absolute discretion will not be obliged
to act on any purported faxed or e-mailed or scanned document instructions or telephonically as well as
cheque presented by third party and that it may at any time on written notice sent to me/us at (Physical,
Postal Address, E-mail, scanned, Telephone/Fax number) withdraw from the arrangements envisaged in
this document.
8. This release and indemnity shall be binding upon And ensure to the benefit of my/our successors or
permitted assigns in business (as the case may be). I/We agree that the terms herein shall remain in full
personal/joint account- Vol.1/12/17 force and effect unless and until you receive, and have a reasonable
time to act on, a notice of termination in writing duly signed by me/all of us, save that such termination
will not release me/us or any of us from any liability under the terms of this release and indemnity in
respect of any act performed by you pursuant to this release and indemnity before the expiry of such time.
9. This release and indemnity shall be construed and governed by the laws of Tanzania.