General Contractual Conditions no. 08/12 for loans provided by Nereida Spain S.L., 1 GENERAL PROVISIONS

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1 General Contractual Conditions no. 08/12 for loans provided by Nereida Spain S.L., 1 GENERAL PROVISIONS 1.1. These General Contractual Conditions (hereinafter: General Conditions ) represent an integral component of each Loan Agreement applicable to loans provided in accordance with these General Conditions by Nereida Spain S.L., (hereinafter: Nereida ) in the capacity of a loan provider to the Client. The General Conditions shall apply in their form and content as published by Nereida at the moment of conclusion of a Loan Agreement. General Conditions shall by their terms, jointly and severally, regulate the rights and obligations of the parties as stated above. The Client shall always be held to be on notice of General Conditions and shall at all times be able to access them without limitations on Nereida s website currently at and download, save and print them out, and/or request of Nereida to send a physical copy thereof to the Client s address. In the case of conclusion of a Loan Agreement in Nereida Business Premises the Client shall be presented with the General Conditions at the Nereida Business Premises in writing General Conditions shall apply to the first Loan Agreement concluded with a Client and for every further Loan Agreement concluded thereafter within the period of 12 (twelve) months after the last concluded Loan Agreement To the extent not provided for in General Conditions, or in the specific Loan Agreement between the parties, the rights and obligations of the parties to a Loan Agreement shall be governed by the relevant provisions of the Spanish Law 16/2011, of June 24, on Credit Agreements for Consumers. 2 TERMINOLOGY 2.1. For the purposes of specific Loan Agreements and General Conditions, the following terms and expressions shall have the following meaning: 2.2. Loan Agreement shall mean a contract for sales of financial services concluded by means of distant communication, in accordance with Spanish law (incl. Law 16/2011, of June 24, on Credit Agreements for Consumers) and shall mean any such contract concluded between Nereida and the Client Instalment Loan Agreement shall mean a Loan Agreement with the Loan Amount from 2000 to 6000 HRK, which is repaid by the Client in instalments Loan Request shall mean that explicit statement made by the client to Nereida applying for approval of a loan for a certain amount of money, a statement containing all relevant personal information about the Client necessary for Nereida to determine the Client s creditworthiness and other criteria for approval of said loan, statement, and all its parts, made upon explicitly consenting to these General Conditions Website shall mean Nereida's current website at which may at a later time be substituted or supplemented by Nereida's website at Client shall mean any natural person aged 18 or older with full and unrestricted contractual capacity and permanent residence in the Republic of Croatia who accepted these General Conditions Registered Client shall mean that Client, who has within the past 12 months concluded at least one Loan Agreement with Nereida, has fully and timely repaid all of his/her contractual obligations and did not change any personal data since concluding his/her previous Loan 1

2 Agreement with Nereida. Such a client shall be exempt from the requirement to send a Loan Request web form and/or reconfirm General Conditions, in accordance with Article 6 of the General Conditions. A Client shall no longer be considered a Registered Client if no Loan Agreements are concluded with that Client within a 12 (twelve) month period, or if General Conditions are in any way modified by Nereida in the period from the conclusion of the last Loan Agreement Administrator shall mean a merchant, natural person or legal entity, conducting a registered activity other than that of Nereida, who on a contractual basis with Nereida provides administrative support to Nereida after concluding Loan Agreement and collection of the loan, and all employees of the Administrator s Outlet Administrator s Outlet shall mean a physical location, self-standing or within a business or a commercial center, at which the Administrator conducts its business activities Business Premises shall mean a physical location in Spain self-standing or within a business or a commercial center, at which Nereida conducts its business activities directly and at which the Client applies for a Loan Premium for the processing of a Loan Request and the provision of the loan (hereinafter: the Premium ) shall mean a fixed fee in the amount of 30 HRK to be paid by the Client to Nereida for its services in accordance with the General Conditions and includes costs incurred by Nereida with respect to processing of the Loan Request and provision of the Loan Amount Loan Amount shall mean the amount of monetary means provided to the Client by Nereida at the request of the Client, that amount which has to be repaid to Nereida by the Client together with the Premium Guarantor shall mean any natural person aged 18 or older with full and unrestricted contractual capacity, who personally guarantees to Nereida for the Client s valid and mature obligation arising from the Loan Agreement Guarantee Agreement means any Agreement concluded between Nereida and the Guarantor, where the Guarantor as joint and several debtor of the Client undertakes to fulfil a valid and mature obligation of the Client arising from the Loan Agreement, which the Client did not fulfil, in accordance with the laws and regulations of the Kingdom of Spain Global Guarantee Agreement means any agreement concluded between Global Guarantee OÜ (as defined in Article 10 of the General Conditions) and the Client, where Global Guarantee OÜ grants a guarantee in favour of Nereida for the purpose of securing the Client s loan from the Loan Agreement Payment Request shall mean that explicit statement of the Client s intent to receive the Loan Amount, when and if so approved by Nereida, a statement which shall be structured in the exact manner as further provided by the General Conditions Password shall mean a unique set of numbers/letters that shall be provided via or SMS message to the Client after his or her acceptance of General Conditions, and which the Client will use to access his or her user information on the Website, except in the case of a Client personally applying directly in Nereida s Business Premises Business hours of Nereida shall be between and from Monday to Friday, except on public holidays. 3 CONTRACTUAL PARTIES 3.1. Nereida is a limited liability company, properly established according to the laws and regulations of the Kingdom of Spain, with offices in c/ Doctor Fleming, 3, 9e D, 28036, Madrid, Spain, OIB: , entered into Madrid Mercantil register under the registration number B

3 3.2. By sending a Loan Request, the Client confirms that he/she is not in default with payment of any debts or other obligations towards any natural person or legal entity, that he/she is not registered as a debtor failing to meet his/her payment obligations in any register of debtors, and is not a party to any dispute which could have any influence on the Client s ability to repay the Loan. 4 LOAN REQUEST 4.1. Except in those cases when the Client is personally applying for a Loan at the Nereida s Business Premises, the Client may send a Loan Request only after he or she has visited Nereida s website, read the General Conditions in full and only if he or she fully agrees with and expressly accepts the General Conditions in their entirety by ticking the box labelled I Agree In the case when the Client is applying for a Loan electronically, i.e. via the Internet, the Loan Request shall be submitted to Nereida by the Client in the form of an electronic on-line Loan Request web-form found on the Website, in which the following data shall be submitted: the requested Loan Amount, requested loan maturity, name, surname, personal identification number (OIB), date of birth, gender, name of street of permanent residence, building number, postcode, municipality, address, GSM number, full bank account number and the name of the bank In the case when the Client is applying for a Loan electronically, i.e. via the Internet, by sending the Loan Request web-form, the Client additionally expressly confirms that he or she has read the General Conditions in full, that he or she agrees with and accepts the General Conditions in their entirety, and that he or she expressly wishes to conclude the Loan Agreement exclusively by using telecommunication services such as the internet or In the case when the Client is applying for a Loan electronically, i.e. via the Internet, by sending a Loan Request web-form, the Client guarantees the truthfulness and the accuracy of the submitted data In the case when the Client is personally applying for a Loan at Nereida s Business Premises, the Loan Request shall be submitted to Nereida by the Client in writing through a form provided by Nereida s authorized employee, in which the following data shall be submitted: the requested Loan Amount, requested loan maturity, name, surname, personal identification number (OIB), date of birth, gender, name of street of permanent residence, building number, postcode, municipality, address, GSM number, full bank account number and the name of the bank In the case when the Client is personally applying for a Loan at the Nereida s Business Premises, the Client, by affixing his/her signature on the Terms and Conditions, additionally expressly confirms that he or she has read the General Conditions in full, that he or she agrees with and accepts the General Conditions in their entirety, and that he or she expressly wishes to conclude the Loan Agreement exclusively by using telecommunication services such as the internet or In the case when the client is personally applying for a Loan at the Nereida s Business Premises, the Client s signature on these General Terms and Conditions serves as an unconditional and unqualified guarantee for the truthfulness and veracity of submitted information The Client can only apply for and receive the Loan Amount with an active account open at the stated bank in his or her name, which he/she declares in the Loan Request The Client agrees that Nereida may verify the truthfulness of the information provided by the Client to Nereida by access to public documents and registers, telephone operators, financial institutions and in registers of debtors Nereida is authorized to call the telephone number that the Client listed in the Loan Request web form, and to verify the stated information. 3

4 5 ACCEPTANCE OF THE GENERAL CONDITIONS AND PERSONAL DATA PROTECTION 5.1. Familiarization with the General Conditions by the Client prior to the conclusion of the Loan Agreement, and the Client s express confirmation that he or she accepts the General Conditions in full and with no reservations, and expressly agrees with the General Conditions is an essential condition for approval of a loan by Nereida and conclusion of the Loan Agreement. By clicking the I Agree box on Nereida s website, or by affixing his/her signature on the Terms and Conditions, the Client gives his or her express and unequivocal consent to adhere to the provisions of the General Conditions By ticking the I Agree box on Nereida s website in accordance with the General Conditions, or by affixing his/her signature on the Terms and Conditions the Client gives the following statement(s): A. I, the Client, hereby expressly confirm that I was given the option to review the General Conditions, that I have read them, that I am acquainted with their contents and that I fully agree with their contents and accept them as a binding and essential part of the Loan Agreement; Further, I, the Client, agree that the General Conditions shall apply to the first Loan Agreement, and also to every further Loan Agreement that I may enter into with Nereida in the capacity of a Registered Client in accordance with the General Conditions. If, at any time, Nereida should notify me that my status of a Registered Client has expired, I hereby agree to receive the general contractual conditions valid at that time, read them with due care and confirm my adherence thereto only after having understood and agreed with their contents. B. I, the Client, hereby give express consent and allow Nereida and any agents that Nereida may now or in the future designate for the purpose of determination of Client s creditworthiness and payment collection, to process and use my personal data, that I have or will in the future willingly submit to Nereida for the purpose of processing and conclusion of the Loan Agreement, including, but not limited to, performing of credit checks to establish the Client s creditworthiness. I further expressly authorize Nereida to export my personal data from the Republic of Croatia, and store and process it in Spain, Finland or any other country whose system of protection of personal information conforms to that of the Republic of Croatia. Additionally, and in relation to this, I hereby further confirm that I was acquainted with: - my right to request Nereida to enable me to consult Nereida s filing system catalogue in order to confirm whether data relating to me are being processed or not, to enable me to consult personal data contained in filing systems that relate to me; to transcribe and/or copy them; to supply me with an extract of personal data contained in filing system that relate to me; to provide a list of persons to whom my personal data were supplied, as well as when, on what basis and for what purpose; to provide me with the information on the sources on which records contained about me in a filing system are based, and on the method of processing my personal information; to provide me with information on the purpose of processing and the type of personal data being processed, along with all necessary explanations in this regard; to explain to me the technical and logistical procedures of decision-making, and if Nereida as the data controller is performing automated decision-making through the processing of my personal information; 4

5 - my right to demand from Nereida to supplement, correct, block or erase that personal data which I prove to be incomplete, inaccurate or not up to date, or collected or processed in a manner contrary to applicable laws and regulations; and to inform all data users and data processors to whom Nereida has supplied such personal data of their supplementation, correction, blocking or erasure; 5.3. Nereida shall, after express agreement with the Contractual Conditions on behalf of the Client, reply to the Client, via or SMS, by sending the confirmation of acceptance, and a Password which the Client will be able to use in order to obtain access to his or her user information. 6 LOAN REQUEST FROM A REGISTERED CLIENT 6.1. In case the Client has concluded at least one Loan Agreement with Nereida within the past 12 months, has fully and timely repaid all of his or her contractual obligations arising therefrom, and did not change any personal data since his/her previous Loan Agreement with Nereida, the Client can send a Loan Request SMS or a Loan Request web form without having to reconfirm the General Conditions. By accepting these General Conditions the Registered Client expressly confirms that he or she again accepts the General Conditions in their entirety, and accepts their applicability to the new loan even without expressly reconfirming the General Conditions at the Website Registered Client may submit a Loan Request SMS to the number with the following contents (in this order, separated by spaces, with no punctuation): ZAJAM [requested loan amount] [requested loan maturity] [customer PIN] [guarantee method GG or PG]. Example: ZAJAM XX GG 6.3. In case the Client has changed any personal data, such as name, address or bank account, since his/her previous Loan Agreement with Nereida, the Client cannot send a Loan Request SMS, but must follow the procedure in Article 4 of the General Conditions, enter his/her new personal data and submit the Loan Request web-form In case when the Loan Request is submitted by the Registered Client web-form, Article 4 of the General Conditions, specifically the procedure for requesting a loan, shall be appropriately modified and applied in accordance with the provisions of this Article If (i) the General Conditions are amended in the time between the last concluded Loan Agreement and the next Loan Request sent by the Client, or if (ii) more than 12 months have elapsed between those events, or if (iii) any of the required data of the Client has changed since the last conclusion of a Loan Agreement, the Client shall have to re-apply for the loan by sending the Loan Request web form as provided for in Article 4 of the General Conditions, explicitly accept the General Conditions, and obtain a new Password as provided for in Article 5.3 of the General Conditions. Should either of the cases as stated in points (i) or (ii) of this Article occur, the Client shall be informed of such a situation by receiving an SMS from Nereida. Furthermore, occurrence of either of these events shall be made clearly visible at the Client s user information page on Nereida s website. 7 LOAN AMOUNT 7.1. The Client may, under the conditions specified below (and all other terms contained in the General Conditions), apply for the following Loan Amounts: 300 kuna, 500 kuna, 800 kuna, 1000 kuna, 1500 kuna, 2000 kuna, 2500 kuna or 3000 kuna, if the Loan Agreement is being concluded for the first time; 2000 kuna, 2500 kuna, 3000 kuna, 3500 kuna, 4000 kuna, 4500 kuna, 5000 kuna, 5500 kuna or 6000 kuna, payable in instalments, if at least one Loan Agreement has been concluded with the Client previously and under condition that the Client has duly fulfilled 5

6 his or her obligations arising from that Loan Agreement (hereinafter: the Instalment Loan ). 8 PREMIUM FOR PROCESSING LOAN REQUEST, PROVISION OF LOAN, AND RELATED COSTS 8.1. The amount of the Premium to be paid to Nereida by the Client is 30 HRK The Client is obliged to pay to Nereida the Premium together with repayment of the Loan upon the maturity of the Loan Amount. In case of the Instalment Loan, the Client is obliged to pay the Premium to Nereida together with repayment of the first instalment of the Loan Amount upon maturity of the first instalment of the Loan Amount Additional costs in connection with the Loan above and beyond the Premium are costs to the Client incurred by sending SMS text messages to Nereida and any applicable bank charges incurred by the Client s repayment of the Loan to Nereida s bank account. These costs are determined by the mobile operators according to their tariffs applicable to outgoing SMS messages, and by the banks according to their tariffs applicable to account transactions. All these costs and any other similar costs shall be borne by the Client. No return SMS or any other form of communication from Nereida to the Client) shall be additionally charged to the Client by Nereida On top of the Premium and costs described in Article 8.3. it is possible that the Client, in accordance with the tax laws of the Republic of Croatia or the Kingdom of Spain, must pay certain tax or other costs, which are not payable to Nereida or through Nereida. 9 CONCLUSION OF THE LOAN AGREEMENT 9.1. If the Client submits the Loan Request for the first time, or the Registered Client submits a Loan Request web form, Nereida concludes the Loan Agreement with the Client or Registered Client by sending an message to the address, (i) which the Client listed in the Loan Request web form or (ii) which the Client stated in the form that he/she personally handed over to Nereida s authorized employee at Nereida s Business Premises. Nereida s notification shall contain the following information in the following form: "Poštovani, vaš zahtjev za odobrenje zajma je odobren i ugovor o zajmu je sklopljen na dan kada zaprimite ovu poruku. Iznos zajma je xxxx kn, a premija iznosi 30kn, što predstavlja ukupno xxxx kn. Ukupan iznos zajma uvećan za iznos premije dospijeva na naplatu u roku od xx dana od dana isplate zajma. Možete se vratiti na Internetsku stranicu Nereide i odabrati sredstvo osiguranja povrata zajma, jamca ili Globalnu Garanciju. Potom za isplatu iznosa zajma pošaljite SMS porukuna broj 6111 s tekstom ''MOLIM ISPLATU''. S poštovanjem, Nereida Spain S.L." 9.2. In case of conclusion of the Instalment Loan Agreement, Nereida s notification shall contain the following information in the following form: "/Poštovani, vaš zahtjev za odobrenje zajma je odobren i ugovor o zajmu je sklopljen na dan kada zaprimite ovu poruku. Iznos zajma je xxxx kn, a premija iznosi 30kn, što predstavlja ukupno xxxx kn. Zajam se otplaćuje u 2 rate. Prva rata zajma u iznosu od xxxx kn uvećana za iznos premije dospijeva na naplatu u roku od xx dana, a druga rata u iznosu od xxxx kn u roku od xx dana, od dana isplate zajma. Možete se vratiti na Internetsku stranicu Nereide i odabrati sredstvo osiguranja povrata zajma, jamca ili Globalnu Garanciju. Potom za isplatu iznosa zajma pošaljite SMS poruku na broj 6111 s tekstom ''MOLIM ISPLATU''. S poštovanjem, Nereida Spain S.L." 9.3. The day on which the Client receives the above stated message shall be regarded as the day of the conclusion of the Loan Agreement between the Client and Nereida If the Registered Client submits a Loan Request SMS, Nereida concludes the Loan Agreement with the Registered Client by returning an SMS text message to the mobile phone number (i) which the Registered Client listed in the Loan Request web form, (ii) which the Client stated in the form 6

7 that he/she personally handed over to Nereida s authorized employee at Nereida s Business Premises or (iii) from which a Registered Client sent the Loan Request SMS Nereida s notification shall contain the following information in the following form: UGOVOR O ZAJMU JE SKLOPLJEN. IZNOS ZAJMA XXXXKN PREMIJA 30KN UKUPNO XXXXKN DOSPIJECE U ROKU XX DANA OD ISPLATE. ZA ISPLATU ODGOVORITE: MOLIM ISPLATU In case of conclusion of the Instalment Loan Agreement, Nereida s notification shall contain the following information in the following form: UGOVOR O ZAJMU JE SKLOPLJEN. IZNOS ZAJMA XXXXKN PREMIJA 30KN UKUPNO XXXXKN DOSPIJECE 1. RATE U IZNOSU XXXXKN U ROKU XX DANA OD ISPLATE, DOSPIJEĆE 2. RATE U IZNOSU XXXXKN U ROKU XX DANA OD ISPLATE. ZA ISPLATU ODGOVORITE: MOLIM ISPLATU The day on which the Client receives the above stated SMS text message shall be regarded as the day of the conclusion of the Loan Agreement between the Client and Nereida The Client may make use of only one Loan at any one time. The Client may request Nereida for the provision of another Loan only after the full payment of the preceding Loan and the Premium arising therefrom, as well as timely fulfilment of all obligations ensuing from the Loan Agreement. Clients who live together within a shared household may make use of only one Loan between themselves at any one time. 10 SECURITY FOR REPAYMENT OF LOAN Nereida reserves the right to request from the Client to prove his or her identity and correctness of submitted data by sending the following documents: a copy of the front of his or her bank card from which the following is visible: name of the bank, full name of the Client, the current account number, and the legible copy of his ID document containing his or her name and address of permanent residence. The Client can submit these documents to Nereida via to info@nereidaspain.com, by fax to (01) , in person in Nereida Business Premises, to the Administrator (Ferratum d.o.o.) in the Administrator s Outlet or by regular mail to the Administrator s address, Ferratum d.o.o., Trnjanska 61a, Zagreb. By sending such documents, the Client gives his or her express consent to Nereida and the Administrator to obtain and process the data in these documents After concluding the Loan Agreement according to Article 9 of the General Conditions, the Client grants to Nereida adequate security for the repayment of the loan and the Premium. The Client can choose one of the two collaterals, (i) personal guarantee of another natural person or (ii) Global Guarantee from the company Global Guarantee OÜ, with registered office at Pärnu mnt 105, Tallinn, Estonia, registered in the Estonian Commercial Registry under number (hereinafter: the Global Guarantee ), by ticking one of the possible boxes on the Nereida Website In case when the Client has, by ticking the appropriate box on Nereida Website, chosen the Guarantor as collateral, the Client shall complete the web-form on the Nereida Website, by which he or she submits the following data on the Guarantor to Nereida: first name, surname, personal ID number (OIB), date of birth, gender, name of street of permanent residence, building number, postcode, municipality, address, phone number, full bank account number, name of the bank Nereida reserves the right to request from a Client or Guarantor to prove their identity and correctness of the submitted data by sending the following documents: a copy of the front of his or her bank card from which the following is visible: name of the bank, full name of the Client, the current account number, and the legible copy of his ID document containing his or her name and address of permanent residence. The Client or the Guarantor can submit this documents via to info@nereidaspain.com, by fax to (01) , in person in Nereida s Business Premises, to the Administrator in the Administrator s Outlet or by regular mail to the Administrator s address, 7

8 Ferratum d.o.o., Trnjanska 61a, Zagreb. By sending such documents, the Client and the Guarantor give their express consent to Nereida and the Administrator to obtain and process the data in these documents Guarantor shall receive the Guarantee Agreement on his or her address listed in the web-form. The Guarantor shall sign and deliver to Nereida the originally signed Guarantee Agreement. The Guarantor may submit the originally signed Guarantee Agreement, a copy of the Guarantor s ID document and a copy of the front of his or her bank card via to info@nereidaspain.com or info@brzikredit.com, by fax to (01) , personally to Nereida s Business Premises, to the Administrator in the Administrator s Outlet or by regular mail to the Nereida s address, c/ Doctor Fleming, 3, 9e D, 28036, Madrid, or the Administrator s address, Trnjanska 61a, Zagreb In the Guarantee Agreement the Guarantor states, that he/she grants a joint and several guarantee for the obligations of the Client in favour of Nereida, that he/she is not in default with payment of any debts or other obligations towards any natural person or legal entity, that he/she is not registered as a debtor failing to meet his/her payment obligations in any register of debtors, and is not a party to any dispute which could have any influence on the Guarantor s ability to repay the Loan In case when the Client has, by ticking the appropriate box on Nereida Website, chosen the Global Guarantee as the collateral for the loan, the Client will be transferred from Nereida s Website to the web site of the Global Guarantee, where he/she completes the web-form and concludes the Global Guarantee Agreement. Further conditions and procedure for implementation of the guarantee shall be presented to the Client on the website of the Global Guarantee. For the avoidance of doubt, the Global Guarantee Agreement constitutes a separate agreement independent from the General Conditions and all rights and obligations of the Client in relation to the Global Guarantee are regulated therein. 11 PROVISION OF LOAN After concluding the Loan Agreement in accordance with Article 9 of the General Conditions and fulfilling the obligation of providing collateral for the repayment of the loan in accordance with Article 10 of the General Conditions, the Client is entitled to request payment of the Loan Amount Receipt by Nereida of the SMS text message MOLIM ISPLATU to the number 6111 constitutes a Payment Request to be construed as explicit demand by a Client for performance of the Loan Agreement. Upon receipt of the SMS text MOLIM ISPLATU, Nereida undertakes to provide the approved Loan Amount to the Client and the Client undertakes to repay the entire Loan Amount and the Premium in time and under conditions as provided by the General Conditions. In the case Nereida does not receive a Payment Request from the Client within 14 business days from the day of conclusion of the Loan Agreement (hereinafter: Payment Request Deadline ), Nereida shall forthwith be authorized to fulfil its obligation arising from the Loan Agreement immediately upon expiry of the Payment Request Deadline Upon receipt of the Payment Request, Nereida shall make a payment of the Loan Amount to the Client s bank account as designated by the Client in the Loan Request as soon as possible but in no event later than by the close of business on the business day following the business day on which Nereida received the SMS text MOLIM ISPLATU from the Client Upon the Client s receipt of the Loan Amount, Nereida or the Administrator (Ferratum d.o.o.) on behalf of Nereida shall send the Client an invoice for the payable Loan and the Premium to the Client s address as listed by the Client in the Loan Request or, if the Client so expressly requests, to the address of permanent residence as listed by the Client in the Loan Request Should the Client not receive an invoice, this incidence shall in no way absolve the Client of the obligation to pay Loan Amount and the Premium upon the maturity thereof. If the Client does 8

9 not receive an invoice within 5 calendar days following receipt of the Loan Amount, the Client is obliged to directly inform Nereida of this matter via Administrator s telephone lines for customer support at the following number: (095) and request Nereida s bank account number and the variable symbol necessary for duly implementing the payment of the Loan Amount and the Premium. 12 REPAYMENT OF LOAN AND MATURITY The maturity period of the Loan commences on the day on which the Loan Amount is provided to the Client. For clarification purposes, this shall mean the day on which Nereida has placed the order for payment of the Loan Amount with the bank. The maturity period of the Loan is 15 or 30 days depending on the Client s preference stated in the Loan Request and subject to Nereida s approval. If the end of the maturity period falls on a day which is not a banking day in the Republic of Croatia, the Loan shall be payable on the first banking day thereafter The maturity period of the Instalment Loan commences also on the day on which the Loan Amount is provided to the Client. The Instalment Loan is repaid in 2 instalments, due 30 days apart. The maturity period of the Instalment Loan and its instalments depends on the Client s preferred maturity period stated in the Loan Request subject to Nereida s approval. If the Instalment Loan s maturity period is 60 days, the Instalment Loan is repaid in 2 instalments, 30 days maturity for the first instalment and 60 days for the second instalment. If the Instalment Loan s maturity period is 90 days, the Instalment Loan is repaid in 2 instalments, 60 days maturity for the first instalment and 90 days for the second instalment, but no longer than 3 months from the day the Loan Amount is provided to the Client, whichever day occurs earlier. If the end of the maturity period of any of the instalments falls on a day which is not a banking day in the Republic of Croatia, the Instalment Loan instalment shall be payable on the first banking day thereafter The Client is authorised to pay off the Loan before its maturity date without incurring liability for any additional charges. The Premium, however, shall not be cancelled, refundable or reduced in any portion of its full amount Upon repayment of the Loan or its instalments and the Premium, the Client is obliged to state the invoice number as the variable symbol. If Nereida receives a payment which cannot be identified, such a payment shall not be considered to have been made until it is identified, and the Client shall be obliged to pay the default interest for late payment for as long as the payment remains unidentified All payments made by the Client shall be considered to have been made at the moment such payment has been credited to the bank account of Nereida no (IBAN HR ) opened at Zagrebačka banka d.d., or any other bank account that Nereida may designate and notify the client in the invoice, provided that such payment is accompanied by a properly stated variable symbol according to article 12.3 of the General Conditions After the Client has repaid the existing Loan, Nereida shall reserve the right to send him or her one SMS text message (free of charge to the Client) which will contain offers for new loans, until the Client expressly informs Nereida that she/he does not wish to receive sms messages with the offers for new loans. 13 RIGHT TO AGREEMENT TERMINATION The Client shall have the right to unilaterally terminate the Loan Agreement without stating the reason, within a period of 14 business days from the day of conclusion of the Loan Agreement. 9

10 The notification of termination shall be considered as timely if it was delivered to a post office before the expiration of the fourteenth business day from the conclusion of the Loan Agreement The Client shall not be entitled to terminate the Loan Agreement at that moment when Nereida makes a payment of the Loan Amount to the Client s bank account upon the Client s explicit request. The Client s Payment Request as described in Article 11 of the General Conditions by returning to Nereida the SMS text containing MOLIM ISPLATU, shall be considered as the Client s explicit request for immediate fulfilment of Nereida s obligations The Client may exercise his or her right by fax to (01) or sms text message to the mobile phone number Termination of the Loan Agreement shall take legal effect with respect to Nereida at the moment of delivery of the termination notification to Nereida Nereida is also entitled to unilateral termination of the Loan Agreement, also after the Client sends the Payment Request, without stating the reason, within a period of 14 business days from the day of conclusion of the Loan Agreement. In case of unilateral termination by Nereida, the Client shall not be entitled to claim any costs which he or she may have incurred until this time (including but not limited to the costs of SMS, internet use and similar) Nereida may exercise the right to terminate the Loan Agreement by sending a notification of termination to the Client, per which the Client listed in the Loan Request or per sms text message to the mobile phone number (i) which the Registered Client listed in the Loan Request web form, (ii) which the Client stated in the form that he/she personally handed over to Nereida s authorized employee at Nereida s Business Premises or (iii) from which a Registered Client sent the Loan Request SMS Termination of the Loan Agreement shall take legal effect with respect to the Client at the moment of delivery of the termination notification to the Client If the Client does not fulfil the obligations in the General Conditions he or she accepted, especially the obligation of proving his/her identity and correctness of submitted data, the obligation to submit the documents stated in the General Conditions or the obligation of providing collateral for the repayment of the loan according to Article 10 of the General Conditions, within 14 days after the conclusion of the Loan Agreement, the Loan Agreement shall be automatically terminated, without any obligation of Nereida to send a notification of termination or inform the Client on automatic termination in any form If Nereida terminates the Loan Agreement before making payment of the Loan Amount, the Guarantee Agreement or the Global Guarantee Agreement (depending on the collateral chosen) terminate automatically. 14 DEFAULT INTEREST AND TERMINATION IN CONNECTION WITH LATE PAYMENT In the case of a payment default on the Loan Agreement by the Client, the Client shall be obliged to pay to Nereida the default interest in that rate amount as is prescribed by the law at the time of default, for that amount of the Loan owed for the period from the maturity date of the Loan until the full payment of the owed amount has been received by Nereida If the Client is liable to pay to Nereida multiple amounts at the same time on the basis of the Loan Agreement, any partial amount paid by the Client to Nereida shall be applied to repayment of the full obligation in the following order of priority: - first order: payment of the default interest, - second order: payment of the Premium, - third order: payment of the Loan Amount In case of a payment default of any amount stated in the invoice, Nereida is entitled to terminate the Instalment Loan Agreement and declare the entire Loan Amount and Premium immediately due and payable as of the date of termination. The Client shall be obliged to pay to 10

11 Nereida the default interest in that rate amount as is prescribed by the law at the time of default, for that amount owed for the period from the maturity date of the amount owed and for the remaining amount as stated in the invoice from the moment of termination of the Instalment Loan Agreement, until the full payment of the owed amount has been received by Nereida Nereida may exercise the right to terminate the Instalment Loan Agreement by sending a notification of termination to the Client, per which the Client listed in the Loan Request or per sms text message to the mobile phone number (i) which the Registered Client listed in the Loan Request web form, (ii) which the Client stated in the form that he/she personally handed over to Nereida s authorized employee at Nereida s Business Premises or (iii) from which a Registered Client sent the Loan Request SMS Termination of the Instalment Loan Agreement shall take legal effect with respect to the Client at the moment of delivery of the termination notification to the Client. 15 WARRANTS, DISCLAIMERS AND WAIVERS OF LIABILITY Nereida expressly reserves the exclusive right to deny approval of the Loan Request at any time (until the Loan Agreement is concluded) and does not have to provide the Client with any reason the denial. In the case Nereida denies a Loan Request, the applicant Client shall not be entitled to claim any costs which he or she may have incurred until this time (including but not limited to the costs of SMS, internet use and similar) If Nereida denies approval of the Loan Request based on the data from the available credit register, Nereida is obliged, without delay and at its own cost, to inform the Client on such data and the credit register which was the source of the data The Client shall be held liable to pay for all costs and losses incurred by Nereida resulting from submission of untrue or incorrect information, or from any violation of the Loan Agreement or these General Conditions on the part of the Client. In case when the Client provides a Guarantor for the purpose of securing repayment of the loan, this rule shall appropriately apply to the Guarantor who submits untrue or incorrect information Nereida shall not be held liable for any losses incurred by the Client, if such a loss was caused by the suspension, breakdown or any technical error in operation communication channels utilized by the Client in communication with Nereida, and results in late sending or loss of an or text message The Client undertakes to safeguard his/her username and unique password and shall not disclose them or allow such disclosure to any third party. Nereida shall not be held liable for any abuses or losses incurred by the Client as a consequence of such a disclosure. 16 OTHER PROVISIONS The Client is obliged, until the complete fulfilment of all obligations arising from the Loan Agreement, to inform Nereida without delay of any change to the information stated in the Loan Request The Client may not transfer his or her rights and obligations arising from the Loan Agreement to third parties Nereida is authorised to transfer its rights arising from the Loan Agreement or part thereof to any third party at any time, without the consent of the Client Nereida has the right to amend the General Conditions at any time. Such new General Conditions shall, however, apply only to those Loan Agreements concluded after the adoption and publication of the amended General Conditions, and under the condition that the Client expressly approves and accepts such General Contractual Conditions in accordance with Article 5 of the General Conditions. 11

12 16.5. Should any provision of the General Conditions or its part be held to be invalid, such determination shall have no effect on the validity of other provisions of the General Conditions General Conditions are construed in both Croatian and English version. All notifications sent in connection with the Loan Agreement and the General Conditions must be in writing, in Croatian language, and sent by post, fax or to the address stated by the other party. All notifications shall be considered as delivered following the lapse of 5 calendar days after they have been sent Reminders to the Client with regard to the delay in fulfilment of the obligation to repay the Loan shall be sent by regular mail, , fax and sms. 17 APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE Rights and obligations of Nereida and the Client as regulated by applicable General Conditions and the Loan Agreement shall be governed by Spanish law The Client confirms that he or she is aware of and entitled to obtain loan from Nereida as a foreign lender and shall bear all risks of such cross-border lending Parties hereby agree to try to settle any disputes which may arise in connection with the Loan Agreement, peacefully Should the parties fail to reach an immediate peaceful agreement, all disputes arising from, or in connection with the Loan Agreement shall be settled before a competent court in Madrid, Spain. 18 FINAL PROVISIONS The General Conditions shall be made available in an accessible manner according to generally accepted business practices in the Kingdom of Spain and shall at all times be posted on the Website. Nereida shall publish and make available all changes and amendments to the General Conditions in accordance with the laws and regulations of the Kingdom of Spain General Conditions shall also be made available in an accessible manner according to generally accepted business practices and applicable laws of the Republic of Croatia. Thank you for your interest in our business! Dated this [ ] February 2015 Nereida Spain S.L. In:, date:... Client s signature Client s full name (please print) 12