Email Indemnity Form

    I hereby request that FirmusCapital Limited (“Firmus”) a body corporate duly incorporated under the Companies and Allied Matters Act, CAP C 20 LFN 2004 with RC Number: 1192124 (hereinafter “Firmus”) should act on allinstructions transmitted via e-mail address by me.

    Firmus is prepared to act upon these instructions received via the e-mail address stated above subject to the client providing the indemnity in the form herein below:

    1. I shall furnish Firmus with an e-mail address from which Firmus can accept instructions and confirm these instructions. I shall be entitled to amend the aforementioned e-mail by written instructions duly executed per the authorized mandate vide the existing email in Firmus records.
    2. I irrevocably authorize Firmus to make any payments and comply with all instructions contained in such email, 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 maycomplyin accordance or purporting to be in accordance with such email instructions shall be binding upon me and shall be accepted by 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 and instructions that claim to come from the client.
    4. All emails which claim to come from me will be treated as having been given by me in the 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 to act (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 be in 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 client;
    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 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) I have entered incorrect details and the payment is made to the wrong recipient;
    ii) I have exceeded transactional limits for transactions or I am acting outside of the authorized mandate; iii) My emails are not received by Firmus from my address;
    iv) 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 byFirmus. Such circumstances may includebut are not limited to acts ofGod, 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.

    I hereby agrees to adhere to the procedures or restrictions imposed by Firmus with regards to the issuance of email instructions to Firmus.