AGREEMENT FOR ISSUANCE AND USE OF INTERNATIONAL CREDIT CARD

Transcription

1 AGREEMENT FOR ISSUANCE AND USE OF INTERNATIONAL CREDIT CARD ICARD/MASTERCARD Today,, in the city of, between: 1. INTERCARD FINANCE AD, UIN: , having its seat and registered office at the city of Sofia, the district of Lozentez, blvd. James Bourchier 76A, registered at the Registry of administrators of personal data under , represented by Deyan Marinov Dobrev Executive director, referred to hereinafter as the Cardissuer on the one side and 2., UIN, ID card, issued on by, permanent address at the city of, str./blvd., present address: the city of., str./blvd., mobile phone, referred to hereinafter as Cardholder on the other side, the present agreement has been concluded in which the parties agreed the following: SUBJECT-MATTER OF THE AGREEMENT 1. On the grounds of this agreement the Cardissuer shall provide the following payment services: issues and presents to the Cardholder the international credit card icard/mastercard (the Card) and opens and manages the card payment account of the Cardholder, which is used for servicing the transactions executed with the Card. The unique identifier of the payment account in the meaning of the Payment Services and Payment Systems Act (PSPSA) is. 2. The Card may be used on the territory of Republic of Bulgaria and abroad for the following services: 2.1. payment for goods and services in merchant or other sites using a POS terminal or imprinter; 2.2. cash withdrawal at ATM terminals, POS or imprinter; 2.3. payment for goods and services via internet, telephone, post or fax; 2.4. other services provided by the Cardissuer or by MasterCard International; 3. The terms and conditions for use of the Card are stipulated thoroughly in the General Terms (the Terms) and the Tariff which are indivisible part to this Agreement. 1

2 4. The present Agreement has legal effect upon its signing by both parties. 5. The Agreement is not limited by a term. The Agreement may be terminated or rescinded in compliance with the terms stipulated in it. EXECUTION OF TRANSACTIONS WITH THE CARD 6. The use of the Card for execution of transactions in compliance with the present Agreement and the Terms represents a payment order to the Cardissuer to execute a payment operation in the meaning of the PSPSA at the expense of the Cardholder The currency in which the Card is issued is EUR. All fees, commission remunerations and liquidated damages are specified in EUR. The available funds of the Cardholder deposited on the card payment account shall be revalued as per the BNB exchange rate on the date of the providing to the card payment account and the transactions carried out in another currency shall be revalued as per the MasterCard exchange rate for the day in which the transaction has been accounted. 7. The Cardholder may carry out transactions with the Card up to the amount of the available own funds in the card payment account (if any) plus the provided by Intercard Credit EAD, UIN (Creditor) in compliance with the Credit agreement the credit limit to the card payment account In case that the Cardholder or a third party different from the Creditor has provided funds to the card payment account (referred to as own funds ), upon carrying out of transactions with the Card the payment operation shall be executed with the own funds and only after their depletion with the funds provided to the Cardholder by the Creditor If the available funds in the card payment account of the Cardholder are not sufficient for execution of a particular transaction, the Cardissuer executes the respective payment operation with the Card provided that the available credit limit of the Cardholder is sufficient for that and receives the necessary funds for that to the card payment account directly from the Creditor. The obligation to return the utilized credit shall arise for the Cardholder directly to the Creditor under the terms of the concluded between them Credit agreement The Cardholder shall ensure that the sum of all obligations which arise from holding and usind the Cart, including the obligations arising from cash withdrawal as well as fees, interests and commission remunerations as indicated in the Tariff does not exceed the credit limit provided to him by the Creditor The available credit limit in the card payment account may be used for payment operations with the Card within the daily and the weekly limits specified in the Tariff and dependent on the type and the place of the transaction. PAYING IN OF FUNDS TO THE CARD PAYMENT ACCOUNT. REPAYMENT OF THE OBLIGATIONS ON THE CREDIT AGREEMENT. 2

3 8. The Cardholder or a third party may at any time pay-in funds to the card payment account for the purposes of conduction payment operations with the Card by depositing them in cash at an office or representative of the Cardissuer. The funds may be provided also by a wire transfer including to the bank account specified by the Cardissuer In compliance with art. 20, par. 3 from the PSPSA the funds provided by the Cardholder or a third party to the card payment account do not represent a deposit or receipt of other returnable funds in the meaning of the Credit Institutions Act and such funds accrue no interest owed by the Cardissuer and they shall be used solely for the conduction of payment operations with the Card By singing the present Agreement the Cardholder agrees and irrevocably orders and assigns to the Cardissuer in case that there are available funds deposited to the card payment account provided by the former or by a third party different form the Creditor, to transfer immediately those funds to the Creditor for repayment of the entire outstanding debt of the Cardholder towards the Creditor including utilized credit transaction limit, including principal, matured installments for deferred payments, interests, fees, expenses, cost and liquidated damages (if any). The provided funds to the card payment account shall be used solely for repayment of the entire due outstanding debt towards the Creditor, if there is any, up to its full amount. The Cardholder may not revoke the order under this stipulation, which has the legal effect of a stipulation to the benefit of a third party in the meaning of art. 22 from the Obligations and Contracts Act The repayment of the obligations under the terms of p shall be executed in the following order: (1) the obligations for fees, commissions and expenses made by the Cardissuer which have not been paid by the Creditor under the terms of the Credit agreement and are due by the Consumer; (2) sums, exceeding the credit limit of the Consumer; (3) contractual interests; (4) statutory interest; (5) liquidated damages; (6) matured annuity installments; (7) Principals. FEES AND COMMISSION REMUNERATIONS 9. For the possession and/or using of the Card are charged interest, fees and commission remunerations pursuant to the terms of this Agreement, the Terms and the Tariff The annual service fee is charged during the month following the month in which the Card or the card payment account is used for the first time. The fee is charged for the main and for all of the additional cards, irrespective of the fact which one of them or whether is used and is paid completely in its full amount. If the card is not used the fee is charged in its full amount with the Monthly statement for the twelfth month from the conclusion of the Agreement, as well at the end of each following twelve month period. In case that a Cardholder who has not used the Card, submits a request for termination of the Contract, the fee is charged on the day of the request submission and it is to the amount, proportional to the number of months from the conclusion of the Contract during the respective twelve month period The rest of the fees pursuant to the Tariff are charged at the moment of the accounting of 3

4 the respective transaction by the Cardissuer. 10. By singing the present Agreement the Cardholder grants his explicit consent to the Cardissuer to deduct the charged fees and commission remuneration from the card payment account of the Cardholder as follows: (i) in case that the Cardholder has own funds at the card payment account the charged fee/commission remuneration is deducted from them and they are decrease with this amount; or (ii) the parties agree in all other cases the fees/commission remunerations to be deducted from the credit limit provided by the Creditor to the card payment account which effects to utilization of the credit and formation of obligation of the Cardholder towards the Creditor. The Cardissuer receives the payment of the fee directly from the Creditor and the amount are added to the principal of the obligation of the Cardholder towards the Creditor and accrues interest as per the Credit agreement. 11. In accordance with art. 43 of the PSPSA, the Cardissuer has the right to amend unilaterally this Agreement, the Terms and/or the Tariff as well as to provide the amendments to the Cardholder on a paper copy or other durable medium no later than two months prior to the date on which the amendments take effect. It shall be deemed that the Cardholder has accepted the amendments, if the latter does not notify the Cardissuer that he does not accept them prior to the date on which the amendments take effect. If he does not accept the amendments, the Cardholder is entitled to terminate immediately the Agreement under the terms of p. 17 below without applying the term for termination notification and without having to pay any fee whatsoever The amendments shall be announced immediately by the Cardissuer in compliance with 1, т. 4 from PSPSA in a way accessible for future reference such as: by publishing of a dated notification for amendment in the offices of the Cardissuer, including the full text of the amendments in the monthly statement; or by an announcement on the website or sending them by . The amendments are deemed to be duly announced by any of the means under the previous sentence and shall take effect on the date, specified in the announcement, unless the Cardholder exercises his right to terminate the Agreement. TERMINATION OF THE AGREEMENT, BLOCKING OF THE CARD 12. The Cardissuer has is entitled to terminate the Agreement with the Cardholder and to block the Card if any of the following events occur: Breach by the Cardholder of any of the acts or decisions of the government bodies or international organizations regarding the Card Bad faith by the Cardholder such as, but not limited to, concealment or providing false information in the Application or the Agreement Not receiving a renewed Card in compliance with Terms in the time span of two months after the expiry of the term of validity of the Card; 4

5 12.4. Breach of any of the stipulations of the present Agreement and the Terms by the Cardholder (such as use of the Card for illegal purposes); or Breach of any nature by the Cardholder of the agreement with the Creditor for which the Cardissuer has received a written notification by the Creditor. 13. The termination of the Agreement under p. 12 becomes effective after the expiration of 14 (fourteen) days from the date of the notification for the termination sent to the Cardholder. The notification for termination may be announced to the Cardholder via the Monthly statements including in electronic format or it could be sent in any other suitable way in compliance with the Agreement and the Terms. 14. Irrespective of the stipulation under p. 12 and p. 13 from the present Agreement, the Cardissuer is entitled to terminate the Agreement by giving to the Cardholder an at least a twomonth written notification for termination. In that case the termination of the becomes effective from the date, specified in the written notification. 15. The Cardissuer has the right to block the Card immediately after an explicit request by the Creditor due to a breach by the Cardholder of the agreement with the Creditor. In case of termination of the Credit agreement between the Creditor and the Cardholder (Consumer) the parties agree that the present Agreement shall be automatically terminated without the need of sending notification to the Cardissuer from the date of the termination of the Credit agreement due to a breach by the Cardholder of the Credit agreement with the Creditor, for which termination the Cardissuer notifies the Cardholder after the termination of this Agreement. 16. The Cardholder is entitled to terminate the Agreement with the Cardissuer at any given moment without owing any additional fee for termination by sending a one-month notification to the Cardissuer whose term commences from the day of the submission of the Card and all additional Card to the Cardissuer. The termination becomes effective in the moment in which the following conditions are met: The submission of the Card to whichever office or representative of the Cardissuer, the singing of the Protocol for returning of the Cards and breaking (destruction) the Card/Cards in two halves; The repayment of all obligations towards the Cardissuer and towards the Creditor stemming from the possession and/or use of the Card and from the Credit agreement including such obligations which have arisen or for which information have been submitted after the submission of the card (for instance obligations stemming from offline transactions); The expiry of the term of the written notification for termination. 17. Upon sending a written notification for termination of the Agreement the Cardholder shall immediately return the Card to the Cardissuer and shall fully repay his obligation towards the Cardissuer and Creditor, including the principal, interests, fees, commission remunerations, costs and expenses (if any), which become immediately and pre-term due and executable. 5

6 18. Upon termination of the Agreement the card payment account shall be closed. In case that the Cardholder possesses own funds in the card payment account he can receive at the offices or from a representative of the Cardissuer the unused funds for payment operations with the Card in compliance with the stipulations of the PSPSA and the Regulation N 3 from 16 July 2009 of the BNB. 19. The Cardholder grants his explicit consent to be insured by the Cardissuer against certain risks. The insurance premiums in these cases shall be indebted to and paid by the Cardissuer. The Cardholder shall provide the necessary cooperation for the conclusion, amendment or termination of the respective insurance Contracts. GENERAL TERMS, TARIFF. RECEIPT OF THE CARD, PIN AND E-PIN 20. The Terms and the Tariff constitute an indivisible part of the Agreement. The Cardholder confirms that prior to the conclusion of this Agreement he has been provided with the text of the Agreement, the Terms and the Tariff in an up-to-date edition at the time of conclusion of the Agreement. 21. The Cardholder confirms that upon signing of this Agreement he has received the Card, PIN and E-PIN in a sealed envelope. 22. By signing the Agreement the Cardholder agrees and confirms that he has received in advance and understands all material elements of the present Agreement, Terms and Tariff as well as the entire information required by the law in connection with the Card in compliance with art. 41 PSPSA in the way provided in art. 42 PSPSA. NOTIFICATION AND JURISDICTION. ASSIGNMENT. 23. The parties shall exchange notifications and express their consent in connection with the Agreement and its performance at the address indicated in this Agreement as well as in a way stipulated in this Agreement and the Terms. Every change in the addresses shall be communicated in writing immediately to the other party. 24. By singing the Agreement the Cardholder grants explicit, unconditional and irrevocable consent to the Cardissuer to transfer or to pledge including in the form of a charge all or part of the obligations and/or debts towards him in any given moment to party designated by him without the need for further consent. 25. The receipt of the notification and the expression of consent shall have effect described in the Agreement and the Terms. 26. The language of the Agreement and the Terms and the Tariff is English and the parties shall conduct the entire communication in connection with the Agreement and the use of the Card in English or Bulgarian. 27. By singing of the Agreement the parties agree explicitly and unconditionally that all disputes in connection with this Agreement shall be resolved by the respective Bulgarian court 6

7 in compliance with the Bulgarian legislation. The dispute of the separate transactions shall be carried out under the procedure for dispute of transactions designated in the Terms. CONTACT OF THE PARTIES 28. For the Cardissuer: Postal address the city of Sofia, Lozenetz district, blvd. James Bourchier 76A, internet page address Telephone +359(0) or +359(0) ; Fax +359(0) ; The number for SMS messages (SMS Center) shall be For the Cardholder: the addresses and the telephones are listed in beginning of the Agreement. The offices of the Cardissuer are indicated in the web page. Their addresses and number may be amended at any time and the Cardholder will be informed immediately for the Change in compliance with the Terms. 29. The present Agreement has been concluded and signed by each of the parties in two identical copies, one for each party. For the Cardissuer: Cardholder: 7