The following Austrian Miles & More World Business Mastercards are available to our employees (selection to be made on the Card Application):

Transcription

1 Austrian Miles & More World Business Mastercard FRAMEWORK AGREEMENT for Employee Cards WITH Company guarantee (transactions will be billed to the Cardholder s account) between card complete Service Bank AG, Lassallestraße 3, 1020 Vienna (hereinafter card complete ) and Name of company Legal form Contact person Country Telephone Postal code Town/City Fax Street name and number Business sector Commercial Registration number Country of registration UID number (VAT number) Subject to currency regulations of (country) Tax domicile (hereinafter called the Company or the Contract Partner ) The following Austrian Miles & More World Business Mastercards are available to our employees (selection to be made on the Card Application): Austrian Miles & More Mastercard Classic Main Card including insurance for an annual fee of 89. (free of charge for HON 2) without insurance for an annual fee of 59. Austrian Miles & More Mastercard Gold Main Card for an annual fee of 110. (only 99. for SEN 1, free of charge for HON 2) Austrian Miles & More Mastercard Platinum Main Card for an annual fee of 140. (only 110. for SEN 1, free of charge for HON 2) 1) SEN 2) stands for SENATOR status in the Miles & More frequent flyer program. HON stands for HON Circle Member status in the Miles & More frequent flyer program. Within one year we expect to order Austrian Miles & More World Business Mastercards for our employees. Company name as it should appear on the Card (in addition to the Cardholder name) max. 19 characters/spaces: The annual fee for each card will be charged to the Company the Cardholder Bank account (required for identifying your bank, regardless of any SEPA direct debit mandate) IBAN (International Bank Account Number) of Company s current account BIC (Business Identifier Code, SWIFT-Code) Not necessary if IBAN begins with AT Please return the signed Framework Agreement with all documentation in a sealed envelope to DC Bank AG, Lassallestraße 3, 1020 Vienna, Austria, or by to kreditkarte@dcbank.at Version: 07/2017-BD page 1 / 5

2 DON T FORGET: NAME OF THE COMPANY Company Details for the Framework Agreement in compliance with Financial Markets Anti-Money-Laundering Law (FM-GwG) Is the Company acting solely in its own name and for its own account? Yes No If no, in whose name and for whose account is it acting? Surname, first name, date of birth, address and citizenship Participation in % Are there any Politically Exposed Persons (PEP) 3) in the ownership hierarchy (including the beneficial owners) of the Company, its supervisory bodies or its management? Yes No If yes: Surname, first name and public function as a PEP Explanation of role in the Company What is the Company s annual turnover? Does the Company have financial interests in other companies (ownership, beneficial ownership 4), shareholdings, partnership share, etc.)? Yes No If yes: Details of business sectors, turnover and countries where those companies do business Name of company Participation in % Business Sector Latest annual turnover Countries 3) Financial Markets Anti-Money-Laundering Law (FM-GwG) defines a politically exposed person (PEP) as a natural person who is entrusted with a prominent public function (e.g. head of state or government, minister, member of parliament, ambassador or similar) or an immediate family member of such a person or a person known to be a close associate of such a person. 4) Financial Markets Anti-Money-Laundering Law (FM-GwG) defines the beneficial owner(s) as the natural persons who ultimately own or control the company. In particular, this includes persons owning or controlling at least 25 % plus 1 additional share of the company or who otherwise exercise control over the management of the company. Version: 07/2017-BD page 2 / 5

3 DON T FORGET: NAME OF THE COMPANY IDENTIFICATION OF BENEFICIAL OWNER(S) I / We acknowledge that, before or upon entering a business relationship, credit and financial institutions have a duty pursuant to the Financial Markets Anti-Money-Laundering Law (FM-GwG) to ascertain and verify the identity of every new customer; this also entails identifying the beneficial owner of the customer. I / We hereby declare the person(s) listed below to be the beneficial owner(s) pursuant to the FM-GwG: 5) Beneficial Owners Holding in % Holding in % Holding in % Holding in % If the Beneficial Owner is not a natural person, please complete the following: Details of the Beneficial Owner The entity is a corporation listed on the following stock exchange: The entity is a public body, institution, service or authority of the following country: No natural persons with relevant percentages of holdings or voting rights Other (please specify): 5) According to the FM-GwG: Beneficial owners are the natural persons who ultimately own or control the customer. In particular, the term beneficial owner includes the following: 1) in the case of corporate entities: the natural persons who ultimately own or control a legal entity through direct or indirect ownership or control over a sufficient percentage of the shares or voting rights in that legal entity, including ownership or control through bearer share holdings, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Community legislation or subject to equivalent international standards; a percentage of 25 % plus one share is considered sufficient to meet this criterion. the natural persons who otherwise exercise control over the management of a legal entity. 2) in the case of legal entities such as foundations, and in the case of trusts which administer and distribute funds: where the future beneficiaries have already been determined, the natural persons who are the beneficiaries of 25 % or more of the property of a trust or legal entity; where the individuals who benefit from the trust or legal entity have yet to be determined, the class of persons in whose main interest the trust or legal entity is set up or operates; the natural persons who exercise control over 25 % or more of the property of a trust or legal entity. Version: 07/2017-BD page 3 / 5

4 DON T FORGET: NAME OF THE COMPANY Authorised Representatives and Specimen Signatures The following persons are authorised to act on our behalf: Authorised Representatives Position Position Position Representatives holding power of attorney to conclude this contract 6) E/G Representatives authorised to sign individually must be marked with E. Those authorised to sign only jointly must be marked with G. Please enclose: photocopy of valid passport of each representative current excerpt from the Commercial Register If the authorised representatives of the Company change, please inform card complete of the name(s) of the new representative(s) and submit new signature specimens to office@cardcomplete.com. Version: 07/2017-BD page 4 / 5

5 Name of Account Holder DON T FORGET: NAME OF THE COMPANY Direct Debit Mandate *, Conditions of the Framework Agreement and Company Declaration A. Authorisation of a SEPA Direct Debit Mandate by the Company SEPA Direct Debit Mandate: Mandate reference: to be completed (and supplied separately) by card complete Creditor s name: card complete Service Bank AG, Lassallestraße 3, 1020 Vienna, Austria Creditor-ID: AT12ISS By signing this mandate form, you authorise (A) card complete Service Bank AG to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with the instructions from card complete Service Bank AG. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. IBAN (International Bank Account Number) of Company current account BIC (Business Identifier Code, SWIFT-Code) not required if IBAN begins with AT * Pre-notification of the amount of each debit, as well as the date on which it will be carried out, will be given separately or shown on the account statement of the main cardholder / Company. The current account holder hereby gives consent to his/her payment service provider (bank) and the cardholder that this mandate, together with any later modifications or cancellation, will be stored by card complete Service Bank AG on the payee s (cardholder s) behalf. If the Company is not the holder of the current account at the bank, then a separate SEPA Direct Debit Mandate will be required. B. Conditions of the Framework Agreement 1. This Framework Agreement covers the issuance of Austrian Miles & More World Business Mastercards to employees of the Contract Partner ( the Company ) identified above. 2. The applications for Austrian Miles & More World Business Mastercards, completed by those employees to whom they shall be issued, are enclosed or will be submitted later. 3. The Company agrees that the new Card(s) will be issued directly to the relevant employees (Cardholders). Account statements will be sent to the company postal or address provided. 4. The Company is liable for the payment of all transactions made with the Card on the Cardholder s payment instruction. Under the circumstances described in Item 16.3 of the T&C, the Cardholder may revoke his payment of the account statement. If payment from the private account of the Main Cardholder (as identified in the Card Application) is not possible (e.g. revocation or refusal of a direct debit instruction), and a SEPA Direct Debit Mandate has been agreed with the Company, card complete Service Bank AG is entitled to debit the Company account for the amount(s) outstanding. 5. If the Cardholder does not use the Card exclusively for business purposes in accordance with Item 16.4 of the T&C, this shall be deemed sufficient grounds for card complete to terminate the contract. 6. The Company shall ensure that all Austrian Miles & More World Business Mastercards issued under this Framework Agreement are provided only to its employees. 7. The Company undertakes to notify card complete and DC Bank AG in writing and without delay if any cardholding employee ceases to work for the Company, as well as to provide card complete and DC Bank AG with a list of such employees upon request. 8. The Company is obligated to provide all information and documentation required by card complete and DC Bank AG for verification of the identify of the beneficial owner (see Page 3). The Company undertakes to notify card complete and DC Bank AG without delay of any changes in the beneficial ownership or other required company details, such as company name, address, business sector and so forth. The Company affirms that the provided details of beneficial ownership are true and correct. The Company further acknowledges that non-compliance with these terms constitute sufficient grounds for card complete and DC Bank AG to terminate this contract immediately and unilaterally. 9. Those persons authorised to represent the Company towards card complete and DC Bank AG are listed with their specimen signatures on Page 4 of this contract. These authorisations to represent the Company are also valid for the issuance of credit cards to future employees of the Company unless otherwise agreed. The Company is obligated to notify card complete and DC Bank AG in writing and without delay of any changes in or deletions of these authorisations. This obligation to notify card complete and DC Bank AG also applies when such authorisations are entered in a public register or changes or deletions made in a public register. 10. This Framework Agreement can be terminated at the end of any quarter by either party upon 3 months written notice. Use of the Card is subject to the Terms and Conditions for credit cards from card complete Service Bank AG ( T&C ). 11. Any amendments to this Agreement must be made in writing, including any agreement to waive this requirement. 12. This Agreement is governed by Austrian law. The conflict of law rules of international private law do not apply. The place of performance and the competent court for all disputes is Vienna. The English-language versions of this Agreement and the Terms and Conditions for Credit Cards from card complete Service Bank AG are provided for information purposes only. card complete does not accept liability for the English translations. In cases of dispute, only the original German versions ( Austrian Miles & More World Business Mastercard Rahmenvereinbarung für Mitarbeiterkarten mit Firmenhaftung Verrechnung über ein Privatkonto und Allgemeine Geschäftsbedingungen für Kreditkarten der card complete Service Bank AG ) are legally valid. C. Company Declaration 1. We, the undersigned Company, have noted and agree to the Terms and Conditions for Credit Cards from card complete Service Bank AG ( T&C ), which we received or obtained from before signing this contract. We hereby acknowledge that, through the issuance of an Austrian Miles & More World Business Mastercard, we are bound by the obligations of a Main Cardholder as defined in the T&C. We also acknowledge that we have received the Information Sheet for Depositors in accordance with Art. 37a Austrian Banking Act. We acknowledge that the information which card complete Service Bank AG must provide to me in compliance with Art. 21 Para. 5 of the Anti-Money-Laundering Law (FM-GwG) and in accordance with Art. 24 Para. 1 and 2 of the Data Protection Act 2000 can be obtained from the website or, upon request, from card complete directly. 2. In accordance with Art. 38, Para. 2, Item 5 of the Austrian Banking Act, we hereby authorise our bank (that is, the bank shown on Page 1 of this contract) to provide card complete Service Bank AG and DC Bank AG with banking information, regarding our creditworthiness. 3. In accordance with Art. 38, Para. 2. Item 5 of the Austrian Banking Act and Art. 8, Para.1, Item 2 of the Data Protection Act 2000, we agree that card complete Service Bank AG, our bank, DC Bank AG and any co-applicants to this agreement may provide any and all necessary information concerning the issue or use of Cards to all banks, the international card organisation (Mastercard) as well as to all Accepting Partners (institutions and merchants) affiliated with the international card organisation. We agree that electronically stored and processed information about us may be transmitted to the financial institutions named in this application and DC Bank AG and to affiliated credit card organisations and Accepting Partners insofar as it is necessary for the processing and payment of transactions. 4. In accordance with Art. 38, Para. 2 Item 5 of the Austrian Banking Act and Art. 8, Para.1, Item 2 of the Data Protection Act 2000, we hereby authorise our bank to share any and all personal data and information provided to it within the scope of our business relationship in order for it to comply with the regulations concerning the prevention of money laundering and terrorist financing (Financial Markets Anti-Money-Laundering Law / FM-GwG) with card complete Service Bank AG, as well as to share relevant documents (especially copies of identification documents and related questionnaires) insofar as necessary for card complete Service Bank AG s own compliance with the relevant FM-GwG regulations. We also agree that our bank may inform card complete Service Bank AG of any changes to such data and information. 5. We agree that we may be contacted for marketing purposes via electronic means (such as telephone, fax, or SMS/text message) pursuant to Art. 107 of the Telecommunications Act. We can revoke this agreement at any time. Place, Date, Signature of Contract Partner card complete Service Bank AG Place, Date, Authorised Signatory TO BE COMPLETED BY THE BANK Non-resident (under currency regulations) Yes No Company account since: Company account in good standing for more than 1 year (especially no overdraft reminders) Yes No Identity of Contract Partner verified in compliance with Art. 6 Para. 1 FM-GwG ID number: Group ID number: Place, date, name of account clerk, telephone for credit inquiries Bank stamp and signatures Bank branch number: To be completed by DC Bank AG: EUR Card limit Bank stamp/signature Version: 07/2017-BD page 5 / 5

6 III. Information and Terms of Contract provided in accordance with Art. 28 Payment Services Act (ZaDiG) The business relationship between card complete Service Bank AG (hereinafter card complete ) and the Cardholder is based upon the Terms and Conditions for Credit Cards from card complete Service Bank AG (Version June 2017) (hereinafter T&C ). Information and Terms of Contract: 1. The payment service provider 1.1. Name and address: card complete Service Bank AG, Lassallestraße 3, 1020 Wien, Postal address: Postfach 147, 1011 Wien, Tel: +43(0)1/ / Fax: +43(0)1/ , office@cardcomplete.com 1.2. Registrations: Registration number: g ; Court of Registration: Handelsgericht Wien UID: ATU / DVR: Responsible Supervisory Authority: Financial Market Authority (Banking Supervision), Otto-Wagner-Platz 5; 1090 Wien 2. Use of the payment service 2.1. For the terms of the contract, see the T&C card complete operates for the business of carrying out payment instructions on every day of the year (business days) except Saturdays, Sundays, public holidays and the 24th of December Payment instructions are deemed to be received on the business day on which card complete is debited by the Accepting Partner (clearing date). If a payment instruction is received on a non-business day or after hours (10.30 p.m. CET), it will be processed as if received on the next business day card complete will ensure that the amount of a payment instruction received in Euros or another currency of a country with the European Economic Are (EEA) will be credited to the account of the payee s payment service provider by the end of the following business day To ensure that payments to the credit card account of the Cardholder can be carried out properly, a Unique Identifier will be specified in accordance with Item 7.8 of the T&C. 3. Charges, interest and exchange rates 3.1. For the terms of the contract, see the T&C. 4. Communication 4.1. For the terms of the contract, see the T&C The language of the card contract is German. Communication between card complete and the Cardholder will officially be carried out in German, although English translations (such as this) may be provided from time to time for information purposes only The Cardholder may request this information in paper or electronic form at any time. If it is requested repeatedly, card complete may charge the Cardholder for costs incurred (e.g. postage). 5. Security measures 5.1. For the terms of the contract, see the T&C In the event of loss, theft, fraud or other unauthorised use of the Card, the Cardholder must notify card complete immediately, either by telephone (+43(0)1/ ) or by fax (+43(0)1/ ). 6 Changing and terminating the card contract 6.1. For the terms of the contract, see the T&C. 7. Legal remedies 7.1. For the terms of the contract, see the T&C In accordance with Art. 13 AVG (General Administrative Procedure Act), the Cardholder has the right to lodge complaints with the Financial Market Authority (FMA) as well as the right to pursue claims in a court of law. The Austrian banking industry has founded the Joint Conciliation Board of the Austrian Banking Industry ( Gemeinsame Schlichtungsstelle der Österreichischen Kreditwirtschaft, Wiedner Hauptstrasse 63, 1045 Wien ( to resolve financial disputes out of court. Cardholders of card complete can contact this FIN-NET complaint resolution board at (office@bankenschlichtung.at). III. Information provided in accordance with Art. 5, 7 and 8 of the Law concerning Distance Marketing of Consumer Financial Services (FernFinG) Information about the Financial Service All transaction amounts, charges, fees and any expenses incurred by card complete on behalf of the Cardholder in performance of the contract must be settled by the Cardholder in accordance with Item 7 of the T&C. Invoices are generally issued monthly. The Cardholder must bear any telecommunication costs. Information about the Distance Marketing of Consumer Financial Services Contract According to Art. 8 of the Law concerning Distance Marketing of Consumer Financial Services, the Cardholder has the right to withdraw from (cancel) the card contract within 14 days. The legal cancellation period begins on the day on which the contract is concluded, which is the same as the day on which the Card is delivered to the Cardholder. To exercise this cancellation right, the Cardholder must expressly inform card complete in writing at card complete Service Bank AG, Postfach 147, 1011 Wien. If performance of the contract under Art. 8 Para. 5 of the Law (FernFinG) has already begun before expiry of the legal cancellation period, card complete is entitled to charge the Cardholder expenses and agreed fees for services already provided before expiry of the cancellation period. This contract is governed by Austrian law. III. Terms and Conditions for Credit Cards from card complete Service Bank AG These Terms and Conditions form the basis of the legal relationship between card complete Service Bank AG ( card complete ) and the holder of a Visa or Mastercard credit card ( Card ) issued by card complete. 1. Formation of the Contract card complete has the right to accept or decline any application for a Card. The credit card contract comes into force upon delivery of the Card to the applicant ( Cardholder ). The Card remains the property of card complete. In addition to the Card, the Cardholder will receive, under separate cover, a PIN (Personal Identification Number) which can be changed as described under Item and a Registration Code for the use of special security systems (specifically, Verified by Visa (VbV) or Mastercard SecureCode (MCSC)) that allow the Cardholder to make secure payments and gain access to various services (e.g. account enquiries) via encrypted electronic data networks. The PIN and Registration Code will be disclosed only to the Cardholder. 2. Use of the Card 2.1. The cardholder is entitled to use the Card, within his/her authorised card limit and the limits of the activated features of the Card, at Accepting Partners (e.g. merchants, banks) for: purchasing ordinary goods and services by physically presenting the Card to the Accepting Partner and authorising direct technical transmission of the Card details, by whatever means permitted by the features of the Card and the technical equipment available (e.g. insertion into a data reader); purchasing ordinary goods and service without physically presenting the Card by giving or entering the Card details if the purchase transaction is carried out by telecommunication such as telephone, fax or e-commerce (distance marketing); withdrawing cash by physically presenting the Card and authorising direct technical transmission of the Card details, by whatever means permitted by the features of the Card and the technical equipment available (e.g. insertion into a data reader). The daily and/or weekly limit for withdrawing from cash dispensers depends on the technical standard of the particular dispensing machine and/or on limits agreed with card complete. Cash withdrawals ( cash advances ) can be obtained from cash dispensers by entering a PIN or from specially identified Accepting Partners by signing a transaction form The card limit is the maximum amount for which card complete agrees to accept use of the Card(s) issued under the card account pursuant to Item 2.1. Unless otherwise agreed, the amount of the card limit is determined by the type of card product chosen by the Cardholder Accepting Partners may require the Cardholder to present a photo ID for identification purposes Use of the Card for illegal purposes is strictly forbidden. 3. Payment Instruction by the Cardholder 3.1. Before paying with the Card, the Cardholder must check that the payment amount is correct. If a signature is required, the signature on the transaction form must match that on the back of the Card and on the original Card application By physically presenting the Card or providing the Card details to an Accepting Partner, and by verifying the transaction with a signature, PIN or password and mobiletan (for a VbV/MCSC transaction) if required, the Cardholder irrevocably instructs card complete to pay the Accepting Partner the amount owed. This instruction to card complete is immediately binding. 4. Disputed Transactions 4.1. The Cardholder undertakes to resolve any disputes and disagreements regarding the purchase or receipt of goods or services (e.g., defective merchandise, unsatisfactory services) directly with the Accepting Partner. Any such action does not release the Cardholder from his/her obligation to pay for goods or services obtained with the Card, notwithstanding the Cardholder rights described under Item If the Cardholder gives payment instructions for an unspecified amount, and the amount then charged by the Accepting Partner is greater than the Cardholder could have expected under normal circumstances in view of the Cardholder s previous spending pattern, the provisions of these Terms and Conditions, and the relevant circumstances of the case (e.g., ticket for a traffic violation, tank refilling for a car rental, cancellation charge for reservations), the Cardholder has eight weeks from the date of delivery of the Account Statement to request a full refund of the amount from card complete. The Cardholder must explain the facts supporting such a request. card complete has ten working days within which to accept the request and refund the full amount or to reject it, giving its reasons for doing so Item 4.2. does not apply to card contracts concluded with enterprises as defined in Art. 1 of the Consumer Protection Act. 5. Cardholder s Duty of Care 5.1. As soon as the Cardholder receives the Card, he/she must sign it in the appropriate signature field The Card is not transferable The Card bears the given name and surname of the Cardholder, the card number and the expiry date. It may also carry additional information. If the personal information on the Card is incomplete or incorrect, the Cardholder must inform card complete without delay Upon receiving the correspondence containing the PIN and/or Registration Code, the Cardholder must open the correspondence without delay, memorise the PIN and, if the Cardholder chooses the VbV/MCSC option in accordance with Item 17, use the Registration Code to sign up for VbV/MCSC on the internet The Cardholder must not disclose the assigned PIN, nor any personally chosen PIN (see Item 17.8.), nor the Registration Code, nor any passwords (see Item 17.) to anyone, including to employees of card complete. The Cardholder is responsible for ensuring strict secrecy concerning all card security details PIN, Registration Code, personally created passwords as described in Item 17. and mobiletans received on his/her mobile telephone (to be used for authenticate a VbV/MCSC transaction and valid for a maximum of 5 minutes after receipt) and must take all reasonable precautions to ensure that they cannot be discovered by others. The Cardholder must refrain from writing them down on the card, keeping them in the same place as the card, telling them to anyone, or acting in any other way that would allow others to discover these details The Cardholder must keep the Card safe at all times and verify at appropriate intervals that the Card is still in his/her possession. Leaving the Card in rooms or places to which unauthorised persons may easily gain access are examples of inadequate safekeeping The Cardholder must protect the device which receives a mobiletan in such a way as to ensure that the mobiletan cannot be discovered by others during its period of validity If the Card is lost or stolen, or the Cardholder suspects that it has been misused, the Cardholder must notify card complete immediately by telephone or /fax/in writing, with his/her signature. In the case of telephone notification, the Cardholder must identify himself/herself by providing certain personal details. Moreover, the Cardholder must report the loss or theft of the Card to the local authorities. The Card will be blocked by card complete. In the event that the lost or stolen Card is later found or recovered, it must not be used again, but instead invalidated (i.e., cut into several pieces) and returned to card complete without delay. 6. Cardholder s Liability 6.1. The Cardholder is liable for losses resulting from unauthorised use of the Card (but taking into account any contributory negligence on the part of card complete): if caused by minor negligence on the part of the Cardholder, up to a maximum amount of EUR if caused by gross or wilful negligence or fraudulent collusion on the part of the Cardholder, up to the amount of the actual loss As soon as card complete receives notice of the loss, theft, fraud or otherwise unauthorised use of the Card (or as soon as card complete blocks the Card of its own accord), the Cardholder is released from all liability for any losses incurred thereafter The Cardholder is not liable for losses described in item 6.1., if card complete fails to allow or accept immediate notification of loss, theft, fraud or otherwise unauthorised use of the Card or if card complete fails to prevent further use of the Card after receiving such notification The release of the Cardholder from liability described in Items 6.2. and 6.3. does not apply if the Cardholder has acted with fraudulent intent Any division of liability between card complete and the Cardholder will take into account the type or quality of personalised security features used as well as the circumstances under which the loss, theft or fraudulent use occurred. 7. Invoicing (Account Statement) 7.1. The main Cardholder will receive an account statement (invoice) in Euros from card complete for each transaction, but not more than once a month. The statement will show a reference to each transaction amount charged and the date of the charge, and will also show any other charges, fees or interest (Item 9.), details of currency conversion for foreign currency transactions (Item 8.) and postal delivery charges (Item 7.1.) that may apply The main Cardholder can choose between electronic ( ) and postal delivery of statements. If the Cardholder gives his/her address on the card application and does not expressly request postal delivery, then delivery will automatically be by . if the Cardholder requests postal delivery, this service will be charged extra (see Item 20.). There will be no charge if the Cardholder declares that he/she has no facilities for receiving statements by The form of delivery can be changed upon the Cardholder s request at any time. Within one week of receiving such a request, card complete will change delivery to the last known other ( or postal) address. If the Cardholder changes to postal delivery, card complete will charge for the service (Item 20.). There will be no charge if the Cardholder declares that he/she has no facilities for receiving statements by card complete reserves the right under special circumstances to resume postal delivery to the last stated address without charge (Item 20.) Unless the Cardholder submits an objection within 30 days of receiving the account statement, he/she accepts as accurate the transactions and amounts contained in it. Any such objection must be made in writing, duly signed, or by other means permitted by card complete as verification of the Cardholder s identity. This time limit for objection extends to eight weeks for payment instructions for an unspecified amount (see Item 4.2) and to 13 months for transactions where no amount or a differing amount was authorised by the Cardholder (see Item 7.3). On each account statement, card complete will remind the Cardholder of these time limits, their commencement dates, and the presumed acceptance by the Cardholder if no objection is submitted For transactions where the Cardholder did not issue any payment instruction (i.e. did not authorise the transaction) or issued instruction for a different amount, the Cardholder can only obtain a refund of debits by submitting a written objection as soon as he/she becomes aware of the transaction, at the latest 13 months after receipt of the account statement. This time limit does not apply if card complete has not provided relevant information to the Cardholder as described in Item For card contracts concluded with enterprises as defined in Art. 1 of the Consumer Protection Act, the abovementioned time limit is shortened to three months The Cardholder must pay the full amount owed within the period given on the account statement, which depends upon the type of card The Cardholder may offer payment of at least one tenth of the amount outstanding, thereby overrunning the Card account by the unpaid remainder. card complete reserves the right to accept such an overrun (debit balance) by the Cardholder without express declaration of approval. card complete is not obligated to accept such an overrun. If an account is in debit for longer than one month, card complete will inform the Cardholder in the account statement of the existence of the debit balance (overrun), the amount itself, the debit interest charged in accordance with Item 9.2. and any default interest payable in accordance with Item In either case (Items 7.5. and 7.6.) the Cardholder must ensure by timely payment that the relevant amount reaches card complete on or before the last day of the period shown on the account statement. If a direct debit instruction has been issued, pre-notification of any SEPA Direct Debit, as well as the date on which it will be carried out, will be shown on the account statement. This pre-notification will be issued at least two days before the direct debit is carried out.

7 7.8. The Cardholder s Unique Identifier for payments to his/her credit card account (e.g. for settlement of the account statement) is specified as the International Bank Account Number (IBAN) of the payee (i.e. the Cardholder s account number at card complete) and the Business Identifier Code (BIC) of card complete. For payments within the European Union, the Cardholder s Unique Identifier will be the IBAN of the payee. The Cardholder will be informed of the Unique Identifier on each account statement. Any information given in addition to the Unique Identifier on any payment form will be deemed to be for documentation purposes only and will not be recognised as identification of the intended payee All tacitly approved overruns (debit balances) are amounts due and payable. card complete is entitled to revoke its approval of any overruns (see Item 7.6.) at any time in writing if the Cardholder s ability to meet his/her financial commitments under this agreement appears to be endangered If card complete terminates the card contract for serious reasons with immediate effect, the Cardholder must repay the outstanding balance within an appropriate period to be stated in the notification of termination In the event that card complete becomes insolvent, or in the case of counter-claims which have a legal connection to the amount shown in the account statement and which have been determined in a court of law or acknowledged by card complete, the Cardholder retains the right to withhold payment of the respective amount shown in the account statement. 8. Conversion of Foreign Currencies Payment instructions of the Cardholder in foreign currency will be converted into Euros at an exchange rate chosen by card complete and published on its website The date for the conversion is the business day on which card complete is debited by the relevant Accepting Partner. A business day is defined for card complete as any date of the calendar year except Saturdays, Sundays, public holidays and the 24th of December. If a payment instruction (debit) is received on a non-business day or after hours ( p.m. CET), the debit will be dated as if received on the next business day. This date (clearing date) will be shown on the account statement. 9. Charges, Fees and Interest as set out in Item The Cardholder shall pay a fee to card complete for providing the Card. If the Cardholder expressly requests a Replacement Card for any reason other than a card defect for which card complete is responsible or the expiration of a Card, a replacement fee will be charged. A separate delivery fee will be charged for any Card sent to an address outside Austria. Card transactions in which the Card is used outside the European Union or the Accepting Partner is based outside the European Union as well as foreign currency (i.e., non-euro) transactions within the European Union are subject to processing fees. Each cash advance is also subject to a processing fee In the event of a tacitly approved debit balance in accordance with Item 7.6, card complete will charge interest on the amount outstanding. Calculation of interest begins on the day following the end of the interest-free payment period given on the account statement (see Item 7.7.). Interest for the period beginning one day after the date of the last account statement of the previous calendar quarter and ending with the date of the last account statement of the subsequent quarter will be calculated for the relevant number of days, added to the balance due, and charged on the account statement. Payments received from the Cardholder will be applied to the oldest amounts due If card complete serves default notice on unpaid amounts or on non-approved account overruns (see Item 7.6), card complete is entitled to charge the Cardholder default interest in the amount of 16.5% p.a If the Cardholder has arranged for the account statement to be paid directly from a current account (direct debit), he/she must ensure that sufficient funds are available to cover the amounts due, otherwise re-debiting charges will also be due. At the Cardholder s request, card complete will provide duplicates of transaction documents (sales drafts) or account statements; these services are subject to a fee except where necessary to process a justified claim by the Cardholder. If the Cardholder defaults on his/her account statement payments, card complete is entitled to charge the Cardholder for any legal costs to recover the debt, assuming these are in reasonable proportion to the amounts due. 10. card complete s Liability If a transaction is made without any payment instruction from the Cardholder, card complete must credit the debited amount to the Cardholder without delay and, if relevant, restore the account to the same status it would have had without this transaction. If the account statement has already been paid, card complete will credit the relevant amount necessary to restore the account to the same status it would have had without the transaction. This does not affect the Cardholder s legal rights In the event that an Accepting Partner fails or refuses to accept the Card or is unable to process a transaction because of technical problems, card complete accepts liability for any losses arising only if such non-acceptance or technical problems are caused by card complete itself and not by the Cardholder s failure to exercise due care Liability for any loss or damage caused by minor negligence on the part of card complete is limited to typically foreseeable losses arising from violation of its primary obligations under the contract. In cases of loss or damage through its gross negligence or willful intent as well as in cases of personal injury, card complete is fully liable. 11. Expiry of the Card The Card expires on the last day of the month of the year embossed on the Card. Use of an expired Card is prohibited but does not affect the Cardholder s obligation to pay for any goods or services obtained with the Card card complete will issue a new Card before the existing Card expires. 12. Duration and Termination of Contract This contract is concluded for an indefinite period. The Cardholder may terminate it at any time with a period of notice of one month by sending written notice, duly signed, or by returning the Card to card complete. The Cardholder is advised to invalidate the Card by cutting it into several pieces before sending it back to card complete. card complete may terminate the contract with a period of notice of two months. Each party retains the right to terminate with immediate effect for serious reasons If a Card is still valid when the contract is terminated, the Cardholder must return the Card to card complete within two weeks of the effective termination or affirm in writing, duly signed, that the Card has been destroyed. If the Cardholder culpably fails to do so, card complete is entitled to charge a fee for blocking the Card (Item 20.) and/or confiscate the Card If the Cardholder terminates the contract, card complete will reimburse the Cardholder for the unused portion of the card fee which was paid in advance. This reimbursement does not apply to card agreements concluded with enterprises as defined in Art. 1 of the Consumer Protection Act As soon as termination becomes effective, any further use of the Card is prohibited. 13. Blocking the Card card complete is obligated to block the Card if the Cardholder so demands card complete is entitled to block the Card for valid reasons connected with card security, in the case of real or suspected misuse or fraud, or when there is an appreciable increase in risk that the Cardholder will not be able to meet his/her financial commitments Accepting Partners throughout the world will be notified of blocked card numbers and are entitled to retain blocked cards (i.e. withdraw them from circulation) card complete will inform the Cardholder whenever possible before blocking the Card, giving its reasons for doing so. When this is not possible, card complete will inform the Cardholder after blocking, but without delay If an incorrect PIN is entered three times in succession on one calendar day at a Terminal (cash dispensing or payment terminal), further use of the Card with PIN verification may be blocked on that day. (For this purpose, a calendar day is based on Austrian time, regardless of the time or day at the location of the Terminal or its operator.) Under these circumstances, depending on the operator of the particular Terminal, the Terminal may retain the Card for security reasons without warning the Cardholder first If the reason for blocking a Card lies within the responsibility of the Cardholder, card complete is entitled to charge a blocking fee (Item 20) The use of a blocked Card is prohibited. 14. Change of Cardholder s Address / Means of Communication The Cardholder must notify card complete without delay of any change of postal or address. Such notification must be made in writing, duly signed, or by other means accepted by card complete as verification of the Cardholder s identity. Correspondence of legal importance and/or account statements sent by card complete to the Cardholder s last declared postal or address shall be deemed to be delivered if the Cardholder has not informed card complete of a change of address The acceptable means of electronic communication are agreed to be , fax and/or telephone call, unless otherwise stated in the Terms & Conditions or a special agreement. The Cardholder is responsible for ensuring that the address provided is able to receive messages and should adapt his/her technical security setup (e.g. filters, firewalls) accordingly. 15. Additional Cards At the instruction of the main Cardholder, additional Cards can be issued for third persons (additional Cardholders). Additional Cards, PINs and Registration Codes will be sent to the main Cardholder, who must give them to the additional Cardholders without delay. The main Cardholder must ensure that any additional Cardholders abide by the Terms and Conditions of this contract, and the main Cardholder bears all responsibilities arising from this contract, also for the additional Card(s). Any decision on the part of card complete to terminate the additional Card can be effected by notification to the main Cardholder only The main Cardholder may issue legally binding statements or instructions regarding the additional Card(s) without the consent of the additional Cardholder(s). The additional Card(s) can be terminated by either the main or the additional Cardholder(s). The main Cardholder and the additional Cardholder(s) are jointly and severally liable to card complete for the payment of all outstanding debts incurred through the use of the additional Card(s) The termination of a Main Card automatically terminates any related Additional Cards. 16. Cards for Business Expenses Commercial cards are applied for by natural persons together with enterprises. They are identifiable as commercial cards and intended for the payment of business expenses. The Cardholder is not liable for the payment of transactions made with a commercial card If a non-commercial card is applied for by a natural person together with an enterprise and is used for business expenses, then Item applies for business expenses incurred with the card If business expenses have been charged to the account of a commercial or non-commercial card and the enterprise commences insolvency proceedings, the Cardholder is entitled to contest his/her personal liability for such expenses within 90 days of receipt of the account statement. On that statement, card complete will notify the Cardholder of the 90-day period, the commencement of the period and the presumed acceptance by the Cardholder if he/she does not protest. By contesting liability, the Cardholder transfers his/her claims against the enterprise, the Insolvency Compensation Fund or any substitute institution to card complete and undertakes to provide all relevant documentation to card complete. card complete will then credit the amount of the expense claims to the Cardholder s account. This transfer of claims to card complete is immediately binding The term enterprise is deemed to mean undertakings, but also public sector entities or self-employed natural persons. Business expenses refers to expenses incurred in the interest of the enterprise. 17. Use of the Card in Electronic Data Networks (e-commerce) Online Customer Portal and PIN Changing The entering of unencrypted Card data in electronic data networks can lead to losses for which the Cardholder can be held (at least partially) responsible. Therefore the Cardholder must only enter Card details in electronic data networks with encrypted systems which use the https (HyperText Transfer Protocol Secure) communication protocol To use the special security systems VbV or MCSC, the Cardholder must register by entering the Card details, the Registration Code, a mobile telephone number, an address, and certain other personal information on the website or during a transaction with an Accepting Partner that offers VbV/MCSC (Activation during Shopping = ADS). The Cardholder will be asked to create a password of at least eight characters which cannot easily be guessed and which bears no relation to the Registration Code or any other code connected with the Card. The mobile telephone number is required for receiving a mobiletan; this mobiletan will then be used to verify the validity of the telephone number in the course of the registration process. In cases of Activation during Shopping, the Cardholder s year and month of birth will be used as an initial personal assurance message The password, the mobile telephone number, the address (see Item 17.2.) and the personal assurance message (a text which will appear with each use of VbV/MCSC to assure the Cardholder that the password request originates from card complete itself, not from a third party) can be changed by the Cardholder at any time through the website The Cardholder will first have to login with the card number and password. Changing the mobile telephone number or address will require entering the mobiletan which will be sent to the original mobile number. If that number is no longer valid and the Cardholder still wishes to use VbV/MCSC, he/she must inform card complete of his/her new mobile number in writing, with a signature. If the Cardholder has forgotten the personally created password, he/she can create a new one by entering the mobiletan and clicking on the activation link sent to his/her designated address (Item 17.2.) For each mobiletan required, card complete will generate and send an SMS (text message) free of charge. The Cardholder should note, however, that his/her mobile network provider may impose charges for the receipt of such messages If the personal assurance message that appears during a transaction is not the one known to the Cardholder, the Cardholder should cancel the transaction and inform card complete immediately. If the Cardholder nevertheless completes the transaction, it can lead to losses for which the Cardholder can be held (at least partially) responsible. If an incorrect password is entered three times in succession, use of VbV/MCSC will be blocked for security reasons. While this function is blocked, no transactions can be carried out with VbV/MCSC. The Cardholder can unblock the function at any time on the website by entering the card number and mobiletan and clicking on the activation link sent to the Cardholder s designated address (Item 17.2.). In the course of unblocking the function, the Cardholder will be required to create a new password If an Accepting Partner only accepts transactions through the VbV/MCSC process, then a Cardholder must be registered for VbV/MCSC in order to use the Card with that Accepting Partner (see Item 17.2.) In order to access other services (such as retrieval of transaction data) via the website or apps available on certain mobile devices (e.g. smartphones, tablets) for the Online Customer Portal, the Cardholder must create a user account with a password of a least eight characters which cannot easily be guessed. In so doing, the Cardholder acquires a limited, non-transferable right of use, although the scope of the functionality may be subject to change. In order to use the Online Customer Portal, the Cardholder must log in to his user account. If the password is entered incorrectly three times, or if there is reason to suspect fraud, access to the Online Portal can be blocked for security reasons until it is unblocked again by the Cardholder. Each user account can contain more than one card issued by card complete to the Cardholder. Verification for each card is accomplished by entering the card s VbV/MCSC password. A card can only be linked to one user account. When a user account is created, it must contain at least one card. Services in the Online Portal are offered free of charge unless otherwise expressly agreed. The Cardholder must bear any internet or telephone costs incurred through use of the Online Customer Portal For Cardholders who use the special security system VbV/MCSC and are expressly offered this service, there is one-time option to change the four-digit PIN to a personally chosen PIN. This can be done via the website After verification of identity by entering the VbV/MCSC password, the Cardholder chooses a new four-digit PIN. Insecure combinations such as 1111 or 1234 may be rejected by the system. To activate the newly chosen PIN, the Cardholder must then withdraw cash from an ATM within 48 hours, using the originally assigned PIN. Thereafter, only the new PIN will be valid. The cash withdrawal fee (Item 20.) for this activationrelated withdrawal, as long as it takes place in Euro within the European Union, will be refunded up to the amount of the minimum cash withdrawal fee for the same value date. 18. Changes to the Terms and Conditions The Cardholder will be notified in writing of any changes to these Terms and Conditions. Such changes take effect two months after the date of delivery of notification and are deemed to be accapted if the Cardholder does not object in writing, duly signed, within this period. The latest version of the Terms and Conditions is available at An objection by the Cardholder constitutes a serious reason which entitles either party to terminate this contract with immediate effect. card complete will bring to the Cardholder s attention the amended Terms and Conditions, the two-month acceptance period, the commencement date of the period, the presumed acceptance by the Cardholder if no objection is made in writing, and the Cardholder s rights. 19. Governing Law and Place of Jurisdiction The place of performance is Vienna. The contract and conditions precedent are governed by Austrian law. The conflict of law rules of international private law and UN CISG do not apply. The competent court for all disputes arising from this contract with enterprises as defined in Art. 1 of the Consumer Protection Act is Vienna In accordance with Art. 14 of the Consumer Protection Act, the competent court for claims against consumers is that of the consumer s residence, habitual abode or place of employment. 20. Charges, Fees and Interest Processing fee 1.5% Cash withdrawal fee 3%, minimum EUR 3.63 Debit interest 14% p.a. Default interest 16.5% p.a. Blocking fee EUR 40. Duplicate transaction document EUR 10. Duplicate account statement EUR 3. Service charge for postal delivery of statements EUR 0.90 Re-debiting charges actual bank charges incurred plus processing fee of EUR 4. Reminders: First reminder up to EUR 100. free of charge First reminder over EUR 100. EUR 5. First reminder over EUR 1,000. EUR 10. Second reminder EUR 20. Third reminder EUR 30. Card fee as stated in card application Replacement Card fee EUR 7. Delivery of Cards to addresses outside Austria: Within the European Union EUR 20. Outside the European Union EUR Language The English-language version of the Terms and Conditions for Credit Cards from card complete Service Bank AG is provided for information purposes only. card complete does not accept liability for the English translation. In cases of dispute, only the original German version ( Allgemeine Geschäfts bedingungen für Kreditkarten der card complete Service Bank AG ) is legally valid. Version June 2017