Terms and Conditions for the Issuance and Use of Payment Cards

Transcription

1 Terms and Conditions for the Issuance and Use of Payment Cards Effective as of 3 January 2018

2 Part I/ Introduction (1) These Terms and Conditions for the Issuance and Use of Payment Cards (the Terms and Conditions ) set out the mutual rights and obligations under the Agreement between Sberbank CZ, a.s., Co. Reg. No.: , incorporated in the Commercial Register kept by the Municipal Court in Prague, file No. B 4353 (the Bank ), and its clients (the Client ) in the issuance and use of payment cards and in the provision of credit drawn by means of payment instruments. Part II/ Basic Terms (1) In the event capitalised basic terms not defined in the Terms and Conditions are used in the text of the Terms and Conditions, such terms are used in the meanings as specified in Part Three of Clause I/ Terms and Definitions in the General Business Terms and Conditions. Unless the context requires otherwise, the terms set out in this paragraph have the following meanings for the purposes of the Agreement: Acceptance Letter a letter drawn up by the Bank in the event the Client s Application for the issuance of a Credit Card / for a decrease or increase in the Total Credit Limit is approved. The Acceptance Letter determines the binding amounts of the Cash Withdrawal Limit, Cashless Transaction Limit, Card-Not-Present Payment Limit and Total Transaction Limit of the Credit Card. Under the Total Credit Limit, the Client is entitled to change the limits referred to in the previous sentence at any time during the term of the Agreement. Payment Card Activation transfer of the Payment Card to an active mode after its takeover by the Card Holder, in the form of making any transaction with the Payment Card in an ATM, whereupon the correct PIN is entered (payment transaction, balance checking etc.). Association card associations, in particular VISA and MasterCard. Transaction Authorisation the consent to a transaction, which the Client may grant as follows: a) For transactions via ATMs, the Client grants its consent to the transaction by entering the PIN on the ATM keyboard, b) For cashless payments for goods and services at the POS via cash terminals or imprinters and when withdrawing cash at bank and currency exchange office branches, the Client grants its consent to the transactions by entering the PIN or touching the Payment Card to the contactless payment terminal, unless the PIN is also required in accordance with these Terms and Conditions, or providing the Client s signature according to the Signature Stripe specimen (or a combination of these methods), c) For payments for goods and services without the presence of the Payment Card, the Client grants its consent to the transaction by entering the Payment Card number, the Payment Card validity, and possibly also the Security Code or the Client s first name and surname, d) For payments without the presence of the Credit Card realised through Transfers, Direct Debits and SIPO Payments, the Client grants its consent by entering the payments in question through the Bank s POS and providing the Client s identification. A payment order is authorised if the Client consented to it in a manner agreed with the Bank. A written payment order is authorised if signed according to the specimen signature linked to the relevant Card Account, valid at the time of forwarding the payment order to the Bank. If so agreed, the payment order must also be identified with the agreed security code. The authorisation of a payment order entered electronically through the Direct Banking Products is carried out in accordance with the terms agreed between the Client and the Bank in a special Agreement. Transactions not authorised through the aforesaid methods may be regarded as unauthorised. It is not possible to reverse a transaction already authorised by the Client. Bank Sberbank CZ, a.s., with its registered office at U Trezorky 921/2, post code Prague 5 - Jinonice, Co. Reg. No.: , incorporated in the Commercial Register kept by the Municipal Court in Prague, file No. B ATM a self-service electronic device used for withdrawals/deposits through cards; the Client may use any other services if provided by the ATM. Cashless Payment for Goods and Services cashless payment for goods and services at POS via cash terminals or imprinters, in ATMs, and the payment for goods and services without the presence of the Payment Card (as defined below). Contactless Card a Payment Card supporting the contactless chip technology of PayPass or PayWave. Contactless Payment a transaction using the Contactless Card, realised by touching the Contactless Card to a payment terminal supporting the contactless technology. Security Code CVV2 (Card Verification Value) or CVC2 (Card Verification Code), which means the three digits printed on or next to the Signature Stripe on the back of the Payment Card. Interest-Free Period a period during which the Bank does not charge interest on the amount of the respective drawing. The Bank will grant an Interest-Free Period if the conditions under Clause 5 of Part XII of these Terms and Conditions are fulfilled. Current Account the account(s) of the Account Holder as specified in the Agreement, to which a Debit Card has been issued. Cash Back a service that allows you to withdraw cash simultaneously with cashless payment. Total Amount Owed the amount corresponding to the sum of the amounts owed charged to the Card Account as of the date of the Card Account statement (the credit drawn including the charged interest and fees) and reduced by any payments made by the Client to the Card Account. However, the Total Amount Owed does not include any penalty interest with respect to the Card Account. The Total Amount Owed notified by the Bank to the Client in the Card Account statement is decisive for the calculation of the Mandatory Minimum Debt Payment. Total Transaction Limit the maximum allowed amount of all Cash Withdrawals and Cashless Payments for Goods and Services for one relevant Calendar Period for the Transaction Limits agreed in the Agreement, which the Client may draw using the Payment Card. The total limit corre- Effective as of 3 January 2018 Page 01 of 14

3 sponds to the higher of the amounts agreed as the Cash Withdrawal Limit or the Limit for Cashless Payment for Goods and Services. Total Credit Limit for the Credit Card the amount agreed as the maximum amount of the credit under the Agreement. For the purposes of achieving the Total Credit Limit by the Client, any drawings using the Credit Card, Transfers, Direct Debits, SIPO Payments and any costs charged to the Card Account (especially interest and fees) are included. The Client may not exceed the Total Credit Limit. The Applicant agrees that the Bank may accept the Application where the Total Credit Limit approved by the Bank will be lower than the limit specified in the Application in the case of such an acceptance, the Applicant is always informed by the Bank in advance and may reject such a procedure. Debit Card an electronic payment instrument issued by the Bank through which cash and cashless payment transactions to the debit or to the credit of the Account Holder s Current Account are realised. Debit transactions may be realised up to the available balance on the Current Account. Due Date in the Credit Card Application, the agreed day of the billing period. However, if that day falls on other than the Bank Business Day, the Due Date is the nearest following Bank Business Day. Temporary Blocking a measure consisting in temporarily disabling the possibility of making payment transactions through the Payment Card in accordance with the terms of the Agreement and these Terms and Conditions. Additional Services additional optional services provided to the Payment Card. These Additional Services are governed by separate terms and conditions. The Client can obtain more information about the scope and terms of provision of the Additional Services at any POS, on the Bank s website or in the terms and conditions concerning the relevant Additional Service. The Additional Services depend on the Bank s current offer. Card Holder a private individual who uses the Payment Card under the Agreement; it is either the Client or a person authorised by the Client to transact with the Client s funds using the Payment Card. If the Client is directly the Card Holder, all provisions relating to the Card Holder are binding on the Client. Dynamic Currency Conversion a service allowing the Client to choose the currency of the Payment Card transaction. Direct Debit / Authorised Direct Debit direct debit payment authorised by the Client to the debit of the Card Account to the Client s Credit Card. Transaction Limit Calendar Period the Payment Card limits are agreed as daily or weekly depending on the agreed type of Debit or Credit Card. The individual Calendar Periods begin at 8.45 PM Central European Time; the weekly limit begins every Sunday at 8.45 PM Central European Time. Card Account to the Credit Card the internal account of the Bank specified in the Acceptance Letter, intended for the recording and repayment of the Client s debts under the Agreement. The Card Account is not the Client s Current Account. The Card Account is maintained in CZK. Client the Card Holder or Account Holder. Credit Card an electronic payment instrument issued by the Bank through which cash and cashless payment transactions to the debit or to the credit of the Client s Card Account are realised. Cash Withdrawal Limit, also ATM Limit the amount determined as the maximum amount of all the Cash Withdrawals for one Calendar Period agreed in the Agreement. Limit for Cashless Payment for Goods and Services, also POS Limit the amount determined as the maximum amount of all the Cashless Payments for Goods and Services for one Calendar Period agreed in the Agreement. Card-Not-Present Payment Limit, also CNP Limit the amount determined as the maximum amount of all the Card-Not-Present Payments for one Calendar Period agreed in the Agreement. The CNP Limit is part of the Cashless Transaction Limit, and its use is therefore also the use of the Cashless Transaction Limit. Account Holder a private individual or legal entity for whom/which the Bank maintains a Current Account or Card Account, to which a Payment Card has been issued. Card Carrier a written document sent to the Applicant, along with which the card is handed over and which includes practical instructions for the card activation, phone numbers for card blocking etc. Renewed Card a card issued upon the lapse of the card s validity. PayPass (from the MasterCard Association) / PayWave (from the Visa Association) a contactless chip technology that enables contactless payments at payment terminals supporting the technology. The transaction and its authorisation take place by touching the card to the required distance from the contactless payment terminal. Entering the PIN is not required for contactless payments lower than the limit set by the Bank. The PayPass/PayWave limit is set at a maximum of CZK 500 for a transaction made in the Czech Republic. For transactions over CZK 500, the Card Holder must enter the PIN. The limit may be different in other countries, according to the rules valid in the respective country. The Bank is entitled to unilaterally change the limit, and will inform the Card Holder thereof in an appropriate manner. PIN (Personal Identification Number) a personalised security element consisting in a personal identification four-digit code set by the Bank, which is assigned to each Payment Card for the purpose of the Client identification and proof of the Client s authorisation to make payment transactions when using the Payment Card. The PIN may be changed by the Client via an ATM which enables that service. The change may be made no later than 6 (six) weeks before the end of the validity of the Payment Card. Card-Not-Present Payment contactless payment for goods and services without the presence of the Payment Card. Payment Card for the purposes of these Terms and Conditions, a credit or debit card, unless the Terms and Conditions explicitly specify otherwise. It is an electronic payment instrument, through which cash and cashless payment transactions are realised on the account to which the card has been issued. The Payment Card contains identification and security data enabling the identification of the Card Holder by the issuer of the Payment Card. The Payment Card has its own number, full name of the Card Holder, validity, a space on the back of the Payment card designed to capture the specimen signature of the Card Effective as of 3 January 2018 Page 02 of 14

4 Holder (the Signature Stripe ), and security elements (such as embossing and magnetic record, CVV2 (Card Verification Value) and CVC2 (Card Verification Code) security three-digit codes on the Signature Stripe). Mandatory Minimum Debt Payment the amount notified to the Client in the Card Account statement to the Credit Card, payable as of the Due Date in the billing period following the billing period for which the statement has been prepared. The Mandatory Minimum Debt Payment corresponds to the percentage of the Total Amount Owed specified in the Application for the calendar month for which the statement is prepared, but at least to the fixed amount which is also specified in the Application. However, if the relevant Total Amount Owed is lower than the amount fixed in the Application, the Mandatory Minimum Debt Payment will correspond to the Total Amount Owed. The amount of the Mandatory Minimum Debt Payment is always rounded up to a whole number in CZK. The amount of the Mandatory Minimum Debt Payment specified by the Bank in the Card Account statement is decisive. Pre-Contractual Information information which the Bank is obliged to provide to the Applicant prior to entering into a contractual relationship pursuant to Act No. 257/2016 Sb., on Consumer Credit, as amended. Transfer a one-time or standing payment order to transfer funds to an account maintained in the Czech Republic to the debit of the Card Account to the Credit Card. APR the annual percentage rate of the costs associated with drawing the credit limit set in accordance with Act No. 257/2016 Sb. SIPO Payment a direct debit payment authorised by the Client and realised to the debit of the Card Account to the Credit Card through the so-called SIPO Joint Collection of Utility Payments. Agreement the agreement on the issuance and use of an electronic payment instrument, and the Terms and Conditions, the General Business Terms and Conditions, the Payments Terms and Conditions, the List of Fees and any terms and conditions concerning the relevant Additional Service form an integral part thereof. The Credit Card Agreement consists of the Credit Card Application submitted by the Applicant and the Acceptance Letter issued by the Bank. Transaction the realisation of a Cash Withdrawal or Cashless Payment for Goods and Services through the Payment Card. Transaction Limits the Cash Withdrawal Limit, the Limit for Cashless Payment for Goods and Services, the Card- Not-Present Payment Limit and the Total Limit. The amounts of the Transaction Limits are agreed in the Agreement. Permanent Blocking a measure consisting in permanently disabling the possibility of making payment transactions through the Payment Card. Applicant a private individual who has submitted the Application for a Credit Card. Application an Application for a Credit Card submitted on the Bank s form. (2) Where the Agreement uses terms other than those listed in Clause 1 of this Part of the Terms and Conditions, such terms will have the meanings as given to them in the relevant provision of the Agreement. Part III/ Basic Provisions (1) The Debit Card Agreement is concluded as of the moment of its signing by all parties, i.e. the Bank, the Account Holder and, in cases stipulated by the Bank, the Card Holder (different from the Account Holder). Where the Card Holder is a party to the Debit Card Agreement, the Card Holder, by signing the Agreement, authorises the Account Holder to accept all documents sent by the Bank under the Agreement. In the event the Debit Card Agreement is concluded electronically through the Direct Banking Product (as defined in the General Business Terms and Conditions), the Debit Card Agreement is concluded as of the moment when the Bank accepts the application for the issue of a new Debit Card (which constitutes an offer by the Account Holder for the conclusion of the Debit Card Agreement) sent to the Bank via the Direct Banking Product. (2) By entering into the Agreement, the Bank undertakes to issue the Payment Card to the Card Holder under the conditions set forth below, and allow the use of the Payment Card, and the Client and the Card Holder undertake to comply with the conditions agreed in the Agreement. (3) If the provision of Additional Services is required in the Agreement, such Additional Services are also agreed upon entering into the Agreement, in accordance with the relevant terms and conditions of the Additional Service, which are provided to the Client and the Card Holder upon entering into the Agreement at the latest. (4) Upon taking over the Payment Card, the Card Holder is entitled to use the Payment Card throughout its validity; however, the Payment Card is the exclusive property of the Bank and is non-transferable, i.e. only the Client (Card Holder) named on the Payment Card is authorised to use it. Unless stated otherwise, the Card Holder is obliged to return the Payment Card to the Bank within 15 (fifteen) days of the expiry of the Payment Card s validity. Any return of the Payment Card to the Bank under the Agreement must be made in the form of handover at a POS. (5) Unless agreed otherwise, the Agreement may be amended only by written agreement of the parties. The Transaction Limits may be changed without the consent of the Card Holder, where different from the Account Holder. (6) The Payment Card is issued by the Bank for a limited period indicated on the Payment Card. Unless otherwise stated below, the validity of the Payment Card ends: a) Upon the lapse of the last day of the relevant month and year indicated on the Payment Card, b) Upon the termination of the Agreement, c) Upon the return of the Payment Card to the Bank, or d) By executing the Permanent Blocking of the Payment Card. (7) The Client declares that the Client is aware of the value of the performance provided to the Client by the Bank under the Agreement, and expressly waives the right to require the termination of the Agreement and return to the original state. (8) The Bank is not obliged to accept any payment from any person other than the Client. (9) The Bank as a personal data controller is entitled to enter into the relevant agreement with the processor (the Service Provider ) pursuant to Section 6 of Act No. 101/2000 Sb., on Personal Data Protection, as amended, and forward Effective as of 3 January 2018 Page 03 of 14

5 personal data to third parties that are processors or that provide services forming an integral or optional part of the Payment Card, in accordance with Act No. 21/1992 Sb., on Banks, as amended, and Act No. 101/2000 Sb., on Personal Data Protection, as amended. (10) The Bank is entitled to unilaterally decide (especially for security, operational, commercial and other serious reasons): a) to discontinue the issuance and usability of a certain type of Payment Card and Additional Service and their replacement, b) to change the functionality of the Payment Card and the scope of the Additional Service provided, c) to make a transition from a certain type of Payment Card and Additional Service to another and the subsequent automatic setting of parameters of the Payment Card, d) to change the method of distribution of the Payment Cards. The Client will be informed of these facts by the Bank at least 2 (two) months before the effective date of the planned change in an appropriate manner, indicating the possibility and method of rejecting the change. Unless the Client expresses disagreement with the changes, the Client will be deemed to agree to them and to have informed the Card Holder thereof (unless the Client is also the Card Holder). By activating the Payment Card, the Client agrees to the charging of the transactions made to the debit of the Current Account to which the Debit Card has been issued or to the debit of the Card Account to which the Credit Card has been issued. (11) The Bank is entitled to assign any of its rights and obligations arising from or relating to the Agreement to a third party, and the Client grants its explicit consent to the Bank for that purpose. The Client may assign any of its rights and obligations arising from or relating to the Agreement only with the prior consent of the Bank. Part IV/ Payment Card Issuance (1) The Bank will prepare the Payment Card for issuance within 14 (fourteen) business days of entering into the Agreement. The Payment Card will be handed over at the Bank s POS (see Clauses 2 and 3 of this Part) or sent to the Card Holder s address specified in the Agreement (see Clause 4 of this Part). (2) In the event the takeover of the Payment Card at the POS is agreed in the Agreement, the Bank will inform the Client, i.e. the Card Holder, that the Payment Card is ready for pickup. The Payment Card will be kept at the POS for 60 (sixty) calendar days. Unless the Card Holder takes over the Payment Card during that period, the Payment Card will be discarded and the Client s right to the issuance of the requested Payment Card under the Agreement will terminate. The fee for maintaining the Payment Card and the associated additional services is charged according to the List of Fees regardless of whether the Card Holder accepts and activates the prepared Payment Card. Upon the takeover of the Payment Card at the POS, the Card Holder is obliged to sign the Payment Card (in a manner different from the specimen signature in the case of the Current Account) on the Signature Stripe in the presence of an authorised employee of the Bank and in such a way as to ensure stability of the signature. The Payment Card will be given by the Bank only to the Card Holder; handover to any other person including any contractual representative is ruled out. In exceptional cases, it is possible to agree on a different way of handover of the Payment Card to the Card Holder, provided that the Bank s security criteria are met. (3) Upon the takeover of the Payment Card at the Bank s POS, the Card Holder will also receive an envelope containing the PIN. The PIN will be given only to the Card Holder; handover to any other person including any contractual representative is ruled out. The Card Holder and the Bank will confirm the takeover of the Payment Card and the envelope with the PIN by signing the Payment Card Acceptance Report on the Bank s form (the Payment Card Acceptance Report ). (4) If sending by post is agreed as the form of handover in the Agreement, the Bank will send the Payment Card as ordinary mail to the address of the Card Holder specified in the Agreement. The Payment Card Holder is obliged to sign the Payment Card on the Signature Stripe (in a manner different from the specimen signature in the case of the Current Account) in such a way as to ensure stability of the signature. At the same time, the Bank will send the envelope with the PIN to the Card Holder as registered mail intended only for the addressee. If the consignment with the Payment Card or the envelope with the PIN returns to the Bank as undelivered, the consignment will be kept at the POS for 60 (sixty) calendar days. The Bank will inform the Card Holder of the deposit of the consignment by phone or SMS. Unless the Card Holder takes over the consignment during that period, the Client s right to the issuance of the requested Payment Card under the Agreement will terminate (the Payment Card and the envelope with the PIN will be discarded by the Bank). (5) Regardless of the method of takeover of the PIN, the Card Holder is obliged to check the integrity of the envelope and notify the Bank immediately of any damage. If the envelope is damaged, the Card Holder is entitled to ask the Bank in writing to issue a new PIN and new Payment Card free of charge, using the Bank s form. Provided that the already issued Payment Card is returned to the Bank, the Bank will prepare a new Payment Card and PIN within a reasonable period and hand them over in the manner agreed in the Agreement, unless agreed otherwise. (6) Unless expressly agreed otherwise, the Payment Card handed over to the Card Holder is inactive for security reasons; upon the takeover of the Payment Card, the Card Holder is obliged to perform the Payment Card Activation, otherwise the Payment Card cannot be used. (7) Unless the Client or the Card Holder notifies the Bank in writing no later than 6 (six) weeks before the expiry of the validity of the issued Payment Card that the Client or the Card Holder does not request the issue of a new Payment Card, the Bank will automatically prepare a new Payment Card for issue, no later than as of the date of expiry of the issued Payment Card. The new Payment Card and possibly also the envelope with a new PIN will be prepared at the POS specified in the Agreement and will be deposited there for 60 (sixty) calendar days from the expiry of the issued Payment Card, or will be sent to the Card Holder by mail, according to which method of takeover of the Payment Card has been Effective as of 3 January 2018 Page 04 of 14

6 agreed in the Agreement. If the Payment Card is deposited at the POS and the Card Holder fails to take over the Payment Card within that period, the Payment Card will be discarded. The fee for maintaining the Payment Card and the associated additional services is charged according to the List of Fees regardless of whether the Card Holder accepts the automatically renewed Payment Card. The Bank will not automatically issue a new Payment Card if the Payment Card already issued has been blocked. (8) The Client is entitled to ask the Bank for a new Payment Card for the following reasons: a) Loss, theft or suspected abuse of the issued Payment Card, or b) Non-delivery of the consignment with the Payment Card and/or the consignment with the PIN within one month of the Application or entering into the Agreement/expiry of the Payment Card (if the card is to be renewed automatically)/notification to the Bank under which a replacement Payment Card is to be issued by the Bank. In the cases referred to in par. (a) and (b) above, the Bank will prepare a new Payment Card and new PIN within 10 (ten) Bank Business Days of the Application and ensure the handover thereof to the Card Holder in the manner agreed in the Agreement. c) Damage or for any other reasons different from the reasons set out in the previous paragraphs of this Clause in that case the Bank will prepare a new Payment Card to be issued at the POS within 10 (ten) Bank Business Days of the Application. In such a case, the Payment Card is already active when issued to the Card Holder. (9) The Card Holder is entitled to ask the Bank for a repetition of the PIN to the issued Payment Card due to a forgotten PIN. If the Card Holder requests the PIN renewal due to loss or suspected abuse, the Bank will also prepare a new Payment Card. Within a reasonable period, the Bank will ensure the handover of the PIN (possibly also the Payment Card) to the Card Holder at the POS specified in the Agreement, or the PIN and the Payment Card will be sent to the Card Holder by mail, according to which method of takeover of the Payment Card has been agreed in the Agreement. (10) If a Payment Card or envelope with the PIN is handed over to the Card Holder during the term of the Agreement (in the case of an automatic renewal of the Payment Card or application for a new Payment Card under Clause 8 of this Part etc.), all the procedures and conditions as set out in Clauses 4-6 of this Part shall apply, unless explicitly stated otherwise. (11) The Card Holder is entitled to change the PIN via an ATM (at ATMs which enable that service). The change may be made no later than 6 (six) weeks before the end of the validity of the Payment Card. For security reasons, the Bank strongly recommends to the Card Holder not to choose easily identifiable and deducible PIN codes, for instance a part of the Payment Card number, four identical numbers, a numerical sequence, dates of birth etc. (12) The Card Holder is entitled to change the method used for the handover of the Payment Card or the PIN code through the Infoline (the Bank Call Centre ). The methods used for the handover include the collection of the Payment Card and the PIN code at the POS of the Bank or sending the Payment Card and the PIN code by post. Part V/ Payment Card Use (1) The Client is entitled to draw the credit under the Agreement via the Credit Card in accordance with Clause 3 of Part V of the Terms and Conditions up to the Total Credit Limit and up to the limit of the transaction type made. If the Client exceeds the Total Credit Limit when drawing, the Client is obliged to pay the amount in excess of the limit immediately; this shall be without prejudice to the provisions on penalty interest in these Terms and Conditions. (2) Unless expressly agreed otherwise, the Bank will allow the Client to draw funds under the Agreement upon the acceptance and Activation of the Credit Card by the Client. The credit drawing will not be allowed to the Client if there are circumstances enabling the Bank to discontinue/terminate the credit drawing under the Agreement and if the Bank has exercised this right. (3) The Card Holder may make the following Transactions using the Payment Card: a) Withdraw cash from ATMs and at bank and currency exchange office branches (the Cash Withdrawal ), b) Cashless payment for goods and services at POS marked with the logo of the Association via cash terminals or imprinters, cashless payments in ATMs, and the payment for goods and services without the presence of the Payment Card (the Cashless Transaction ), c) Cash deposit via ATMs to any Current Account of the Client maintained by the Bank or the Card Account to the Credit Card (the Cash Deposit Via ATM ), d) Transfers, e) SIPO payments, f) Direct debits. (4) Unless otherwise agreed, the Bank is entitled to discontinue the execution of Transfers, SIPO Payments and Direct Debits to the debit of the Card Account to the Credit Card if the Client has breached the due repayment obligation during the term of the Agreement. (5) The Card Holder may enter data about the Payment Card only through websites where the SSL (Secure Sockets Layer) protocol or 3D-Secure protocol under the trademark of Verified by Visa or MasterCard Secure Code is listed as the method of securing. Any breach of this provision, regardless of whether committed intentionally or negligently, is deemed a gross violation of the Agreement. The Account Holder is fully liable for any damage and loss caused by the breach until the Bank is notified of the abuse or unauthorised use of the Payment Card. (6) In the case of Cashless Transactions at the POS, the POS is obliged to issue a sales receipt, the issuance of which the Card Holder is obliged to request. The Card Holder is obliged to check the sum total and the completeness of the sales receipt. If the Card Holder requests a transaction, the Card Holder must sign the proper sales receipt when prompted according to the specimen signature on the Payment Card, and keep the sales receipt in the event of a complaint. The PIN is required at some POS. Effective as of 3 January 2018 Page 05 of 14

7 (7) When withdrawing cash from ATMs, it is necessary to enter the PIN on the keyboard and follow the instructions on the screen or on the ATM information panels. After entering three incorrect PINs, the Payment Card is rejected and automatically temporarily blocked for security reasons. The blocking will be automatically cancelled by the next day after blocking. The Client is obliged to prevent the PIN disclosure when entering the PIN, e.g. by covering the keyboard with the other hand etc. Any breach of this obligation, regardless of whether it occurred intentionally or negligently, is deemed a gross violation of the Agreement, and the Client is fully liable for any loss caused due to any subsequent unauthorised transactions until they are notified to the Bank. (8) The Card Holder realises cash and cashless transactions using the Debit Card to the debit of the Current Account. Where two Current Accounts are provided for in the Agreement, the Bank will charge any Transactions made in Czech crowns to the debit of the account designated for Transactions in Czech crowns, and any other payments to the debit of the account designated for Transactions made in other currencies. All costs and debts associated with the Transaction are always charged to the debit of the same Current Account to the debit of which the relevant Transaction to which the costs and debts relate was charged. In the case of the transition of the Czech Republic to another currency, or where there are not enough funds on the relevant Current Account, or where the costs and debts cannot be charged clearly to the debit of one of the Current Accounts, the Bank is entitled to charge the Transaction or costs to the debit of either of the Current Accounts. (9) The Card Holder is entitled to make Transactions using the Debit Card only up to the amount of the authorisation balance on the Current Account and at the same time up to such an amount as to ensure that the sum of the Transactions for the individual Calendar Period does not exceed the amounts of the agreed Transaction Limits. The Card Holder is entitled to repeatedly change the Transaction Limits during the term of the Agreement (however, only the Account Holder is entitled to increase the Transaction Limits compared to their amounts agreed in the Agreement). The Transaction Limits can also be changed at the POS through the electronic banking service if the Account Holder has agreed on such a service with the Bank and if the service enables that change. (10) The authorisation balance means the available balance on the Current Account, possibly reduced by the amount agreed as the reduction of the authorisation balance in the Agreement. If the Debit Card is issued for two Current Accounts, the authorisation balance will mean the available balance according to the Transaction currency, i.e. the balance on the Current Account designated for domestic Transactions will be used for Transactions in CZK, and the balance on the Current Account designated by the Account Holder for foreign currency Transactions will be used for foreign currency Transactions. If the Card Holder is empowered to do so in the Agreement, the Card Holder is entitled to learn the current amount of the authorisation balance at ATMs after entering the PIN (ATMs which enable that service). (11) The Bank is entitled to reduce the available balance of the Current or Card Account by the amount corresponding to the Transaction made with the Payment Card immediately after the Bank receives information about making the Transaction from the authorisation centre. Where the Transaction is made in a foreign currency or currency other than the currency of the Current Account, the amount by which the available balance is reduced is not definitive, and the final amount of the Transaction may differ depending on the exchange rate as of the date of billing the Transaction or due to changes in the Transaction amount by the POS. The available balance on the Current or Card Account will be reduced until the Bank receives the documents necessary for charging from the relevant international association (MasterCard or Visa). (12) If an unauthorised overdraft occurs on the Current Account due to the use of the Debit Card, the Bank is entitled to charge interest on the unauthorised overdraft on the Current Account using the penalty interest rate determined in accordance with the General Business Terms and Conditions. The Account Holder is obliged to pay the amount immediately. Making a Transaction in line with the authorisation balance, where, however, there are not enough funds on the relevant Current Account as of the date of charging the Transaction to cover the Transaction, is also deemed an unauthorised overdraft. (13) If, during the term of the Agreement: a) the Account Holder commits a material breach thereof, for example due to an unauthorised overdraft on the Current Account or exceeding the Total Credit Limit with respect to the Credit Card, or b) the Bank finds evidence which in its opinion may jeopardise the Account Holder s obligations towards the Bank (in particular a significant deterioration in the Account Holder s financial position, initiated insolvency or enforcement proceedings against the Account Holder etc.), the Bank is entitled to reduce the agreed Transaction Limits to as low as CZK 1,000 (one thousand) with immediate effect. The Bank will inform the Account Holder about the limit reduction by a written notification sent to the Account Holder no later than the business day following the reduction. In the event the reasons for the limit reduction pass, the Bank may agree with the Account Holder on an increase. (14) If the Client so requested in the Agreement, the Client is entitled to learn the current balance on the Current Account to which the Debit Card has been issued or the balance on the Card Account to the Credit Card after entering the PIN at an ATM (which enables that service). (15) Using the Payment Card, the Card Holder is entitled to make Cash Deposits Via ATM if the ATM belongs in the Bank s network and if the ATM enables that service. Only cash in CZK may be deposited in this way, where the maximum deposit amount of one payment transaction may be limited by the technical parameters of the ATM. If the Debit Card Holder is different from the Account Holder, cash deposits are made by the Card Holder on behalf of the Account Holder. The Bank informs the Card Holder of the cash deposit through the ATM screen and printed receipt. (16) If an incorrect or non-existent account number is entered in the Cash Deposit Via ATM, the Bank will not make the transaction and will refund the funds to the Client by crediting them to the Current Account to which the Payment Card has been issued (if the Payment Card has been Effective as of 3 January 2018 Page 06 of 14

8 issued for two accounts, the Bank will credit the amount to the account designated by the Client as the account for domestic Transactions) or to the Card Account to which the Credit Card has been issued. The Bank informs the Client of the cash deposit through the ATM screen or printed receipt. The Bank informs the Account Holder of any non-deposit via the electronic banking service agreed with the Bank under a special agreement, or by written notification if the Client has not agreed on that service. If possible, the Bank also provides information about the reasons for rejection and possibilities for remedy. (17) If the Cash Deposit Via ATM is made after 3.00 PM, the beginning of the following opening hours of the Bank will be deemed the moment of receipt of the payment order, and the Cash Deposit Via ATM will be billed by the Bank on the following Bank Business Day. When accepting deposits through ATMs, the Bank proceeds in accordance with Act No. 136/2011 Sb., on the Circulation of Banknotes and Coins, as amended. If the ATM evaluates the inserted banknote as invalid, the banknote will be detained and forwarded by the Bank to the Czech National Bank for expert examination. If the invalidity of the banknote is not confirmed, the Bank will credit the value of the banknote to the requested account. If the banknote is deemed invalid and the Bank has already credited the amount to the Client s account or the Card Account, the Bank is entitled to debit the amount corresponding to the value of the invalid banknote from the account. Part VI/ Costs and Payments (1) Any debts of the Client under the Agreement (drawn credit facilities in the case of the Credit Card, fees, normal or penalty interest etc.) will be debited by the Bank from the Card Account to which the Credit Card has been agreed or from the Current Account to which the Debit Card has been issued. (2) The Bank is entitled to charge fees for services associated with the issuance and use of the Payment Card and for any other services under the Agreement and for the provision of the Additional Services to the Payment Card, according to the List of Fees effective at the time of the service or Transaction. (3) Unless stated otherwise, the fees associated with a certain circumstance are debited from the Current Account to which the Debit Card has been agreed or from the Card Account to which the Credit Card has been agreed as of the date of the circumstance; otherwise, all other fees under the Agreement are charged as of the last Bank Business Day of the billing period. (4) The Bank is entitled to debit the fee for the Debit Card from the Current Account monthly, under the standard conditions on the last business day in the month, regardless of whether the Card Holder accepts or activates the Payment Card. The Bank is entitled to debit the fee for the Credit Card from the Card Account even where the Applicant fails to activate or accept the Credit Card (in such a case, the fee is charged only for the period in which the Credit Card is prepared at the POS for collection in accordance with these Terms and Conditions). The Bank may also apply this provision in the case of failure to take over the automatically renewed Credit Card. (5) The maintenance of the Debit Card(s) (the number of Debit Cards depends on the type of the Current Account) is applied in the following order in the case of multiple Debit Cards: a) embossed Debit Card of the Account Holder, b) embossed Debit Card of the Card Holder, c) electronic Debit Card of the Account Holder, d) electronic Debit Card of the Card Holder. If the Account Holder or the Card Holder has multiple Debit Cards of the same type (embossed or electronic), the Debit Card with the shortest period of validity is free of charge. (6) The Transactions made are debited from the relevant Current or Card Account after the receipt of the documents necessary for billing from the beneficiary s/payer s bank immediately after the processing of the Transaction by the MasterCard or Visa international association, no later than the value day of the Transaction processing by the Bank. Where a transaction using the Debit or Credit Card was made in a currency other than CZK, it is translated using the exchange rate applied by Československá obchodní banka, a.s., Co. Reg. No , or the Association; the exchange rate risk is borne by the Client. (7) When using the Dynamic Currency Conversion service, the Client confirms in the Transaction Authorisation that the Client is familiar with and agrees to the applied exchange rate, any fees and the final amount in the agreed currency. (8) The Client acknowledges that in the case of charging Transactions made in a foreign currency, it is not possible to claim any amounts resulting from the exchange rate difference between the date of the Transaction and the date of billing thereof. The exchange rate difference may also arise in the case of these Transactions as a result of converting the Transaction into the billing currency and then into the Current or Card Account currency. Part VII/ Statements and Complaints (1) The Bank informs the Client of any fees and individual transactions made by the Client using the Payment Card for the relevant billing period in the Current Account or Card Account statement. Transactions are charged indicating a truncated Payment Card number and a detailed transaction identification (transaction date, date of billing, truncated identification of the place of the transaction, exchange rate where used by the Bank, transaction amount and currency, transaction amount in CZK and any fee). The Client is obliged to regularly check the accuracy of the data on Transactions made using the Payment Card, also using the electronic information channels, including, but not limited to, for the purposes of a timely complaint. (2) The Card Account statement with respect to the Credit Card is prepared monthly as of the last Bank Business Day of the respective billing period, and sent by the Bank as ordinary mail to the address specified in the Application. If there was no movement on the Card Account in the billing period for which the statement is to be prepared, the Bank will not prepare any statement. Transfers and Direct Debits are billed and designated in the Card Account statement using a uniform name. The statement also includes information about the Total Amount Owed, the Mandatory Minimum Debt Payment, the Due Date, the interest rate applied etc. Effective as of 3 January 2018 Page 07 of 14

9 (3) The Bank shall not be held liable for non-delivery of the Card Account statement with respect to the Credit Card. The Client is entitled and obliged to obtain information about the Bank Call Centre or at any POS. If the Client has a current account maintained by the Bank for which the Client and the Bank have agreed a password for phone communication, the Bank Call Centre will inform the Client about the amount of the Mandatory Minimum Debt Payment. If no such agreement has been made, the Bank will send to the Client a copy of the Card Account statement on the basis of the request communicated to the Bank Call Centre for a fee according to the List of Fees. (4) In the case of a complaint concerning a disputed Transaction, with a suspected abuse of the Payment Card, the Client is obliged to submit to the Bank the Payment Card to which the disputed Transaction relates; if the Payment Card is not submitted, this fact will be taken into account in the complaint procedure. This does not apply in cases where the Bank was duly notified of the loss or theft of the relevant Payment Card. The Bank is entitled to ask the Client to submit further documentation relating to the Transaction under complaint. The Client is obliged to provide the Bank with assistance necessary to ensure a proper course and settlement of the complaint procedure. (5) If the Client finds an item in the Current Account statement in the case of the Debit Card or the Card Account statement in the case of the Credit Card which does not correspond to any card transaction made by the Client, or if an incorrect transaction amount is provided, the Client may file a complaint according to the Complaint Procedure of the Bank. The Client will fill in the complaint report using the Bank s form and submit to the Bank all available documents concerning the Client s claim. The Bank will confirm the receipt of the complaint report. When handling a complaint, the Bank will assess whether the Client, i.e. the Card Holder fulfilled all conditions, i.e. especially whether the Client (Card Holder) complied with the complaint reporting deadlines and obligations arising from the Agreement including these Terms and Conditions (e.g. material breach of the protection of the Payment Card s security and identification elements). If the Bank finds that the complaint is unjustified during the complaint procedure, the Bank will reject the complaint. The Bank will inform the Client of the result of the complaint procedure. (6) The Client, i.e. the Card Holder is obliged to notify the Bank of any unauthorised Transaction without undue delay, no later than 13 (thirteen) months from the day of debiting the funds from the Current Account in the case of the Debit Card or the day of charging a transaction to the Card Account in the case of the Credit Card. The Client makes the notification at the POS. If, when assessing the allegedly unauthorised Transaction, the Bank finds that the Transaction was authorised, the Bank will reject the complaint. (7) The Client may request the refund of an authorised transaction made with the Payment Card at the initiative of the beneficiary within 8 (eight) weeks of debiting the funds from the Current Account in the case of the Debit Card or the day of charging a transaction to the Card Account in the case of the Credit Card, provided that the exact amount of the Transaction was not determined at the time of the Transaction Authorisation and the amount exceeds the amount which the Client could have reasonably expected with regard to all circumstances (e.g. payments at car rental agencies, hotels etc.). Detailed conditions for the refund of an authorised Transaction are set forth in the Payments Terms and Conditions. (8) If it is apparent that the statutory time limit for assessing the complaint may be exceeded given the circumstances and the complexity of the case, the Bank will refund to the Client an amount corresponding to the transaction reduced by the amount equal to the loss borne by the Client by law. After the completion of the complaint procedure, the Bank debits the amount from the account in the case of an unjustified complaint. (9) Where the Client unsuccessfully filed a complaint with respect to an erroneous Transaction or demanded other remedy from the Bank in accordance with the Terms and Conditions, the Client has the right to appeal to the Financial Arbitrator that decides disputes between payment card issuers and payment card holders in the issuance and use of electronic payment instruments pursuant to Act No. 229/2002 Sb., on Financial Arbitrator, as amended, with its registered office at Legerova 1581/69, Prague 1, This shall be without prejudice to the Client s right to go to court. Part VIII/ Obligation to Notify and Other Obligations of the Client (1) The Client is obliged to inform the Bank without delay of any change to the data specified in the Agreement and of any facts that might significantly affect the Client s ability to meet the obligations arising from the Agreement. At the Bank s request, the Client is obliged to submit additional or current information about the Client s financial position. (2) The Card Holder is obliged to keep the Payment Card at a safe place, separate from personal documents, and prevent its abuse by third parties, check the Payment Card daily, and in the case of any loss, theft or other suspected abuse or unauthorised use of the Payment Card proceed in accordance with Clause 6 of Part IX of the Terms and Conditions. (3) The Card Holder is not entitled to lend the Payment Card to anyone or communicate any information about the Payment Card used to authorise Transactions or transact with the Payment Card to any third party. If the Card Holder does so, the Card Holder will be obliged to pay any related costs and damages. (4) The Card Holder agrees to prevent the PIN disclosure to a third party, and to keep the PIN separate from the Payment Card. In the event the Card Holder has concerns about the PIN safety, we recommend to change the PIN at an ATM without delay. Part IX/ Blocking (1) The Bank reserves the right to make a Temporary or Permanent Blocking of the Payment Card or withhold its consent to some types of transactions made using the Payment Card without prior notice, and communicate this decision to third parties, in particular POS, financial institutions, Associations etc. The Bank is entitled to this procedure especially in the cases set forth below. The Bank will inform the Card Holder about the blocking and its reasons prior to blocking the Payment Card or, if not possible, immediately afterwards (this does Effective as of 3 January 2018 Page 08 of 14