TERMS AND CONDITIONS FOR VISA CREDIT CARDS MAY 2010 1 Scope and definitions These Terms and Conditions for Visa Credit Cards apply to Visa, Visa Gold and Visa Platinum Credit Cards (referred to herein as "Card") and the Credit Account issued by (referred to herein as "the Bank") to the Cardholder. These Terms and Conditions for Credit Cards have been taken into use on 1 May 2010. In addition to these Terms and Conditions for Visa Credit Cards and the use of them, the General Terms and Conditions for Personal Customers, and the Terms and Conditions for any other used services valid at the given time, shall apply. In the event of inconsistencies between the Terms and Conditions in different languages, the Terms and Conditions in Finnish shall take precedence. If the above mentioned Terms and Conditions and the Terms and Conditions for use of Visa Credit Cards are conflicting, these Terms and Conditions for use of Visa Credit Cards shall be applied to the credit, in the first place. The definitions used in these Terms and Conditions for the use of Visa Credit Cards have the same meaning as in the General Terms and Conditions for Personal Customers. 2 Granting a Credit Account and a Card A Credit Account and a Credit Card can be granted upon written application to an applicant who has reached the age of 18, is a permanent resident of Finland, has a regular income, a fixed address and has no credit defaults on record. A family member who is at least 16 years of age and who lives in the same household as the Principal Cardholder can, with the consent of the Principal Cardholder, be granted a Parallel Card to be linked to the same Credit Account. The Parallel Card authorises the Cardholder to monitor the entries booked on the Credit Account. In addition, what is stated in points 3, 4 and 17 of the General Terms and Conditions for Personal Customers shall be applied to the Credit Account and the granting of a Credit Card linked to it. 3 Credit limit The Customer chooses a credit limit in the application. The Bank shall notify the Cardholder of the credit limit. A granted credit limit is applicable to one Credit Account only, and one or several Credit Cards can be linked to the Credit Account. The Bank is entitled to change the credit limit applied for. 4 Use of the Credit Account and the Credit Card The Cardholder is in possession of a credit limit granted to the Credit Account, and of a Credit Card by which the Credit Account is principally used. The Credit Account can also be used for instance by making account transfers from the Credit Account in the web bank, or by paying invoices from the Credit Account using a payment terminal. The Cardholder is responsible for the fact that the granted credit limit shall under no
circumstances be overdrawn. The Principal Cardholder is also responsible for the use of the Parallel Card and for the fees and charges relating to it. The Bank is entitled to terminate the use of the Credit Account and the Credit Card linked to it immediately if the agreed credit limit is exceeded. The Credit Account and the Credit Card must not be used if there are overdue payments on the Credit Account. No separate limits of use for the separate Credit Accounts can be determined for the Credit Account and for the Credit Card linked to it. The Credit Account and the Credit Card shall always be used within the credit limits, in Finland as well as abroad. The use of the Credit Account and the Credit Card, the approval of Agreements and Card Transactions made by the Cardholder and the payment of debts arising from these, has been agreed in more detail in point 8 in the General Terms and Conditions for Private Cards. 5 Interest on Credit 5.1 Interest on Credit with Variable Interest The Cardholder is responsible for paying an annual interest determined on the determination date of interest rate for the interestbearing credit in use. The interest rate comprises of the reference rate of interest determined in the Card Agreement, and of a margin. As reference rate of interest the Euribor interest rate published at www.suomenpankki.fi shall be used. The value of the reference rate shall be checked on interest rate determination days which is the 3 months Euribor interest rate quotation on 1 st of March, June, September and December. If the determination day of the interest rate is not a banking day, the value of the reference rate of interest on the following banking day shall be used. If the value of the reference rate of interest is changed on the determination day, the interest rate of the credit shall change accordingly. The interest of the credit shall remain unchanged between the determination days. Changes in interest rate shall be applied immediately on the interest determination day without advance notice. The Principal Cardholder shall be notified of the interest rate percentage for the interest rate determination period in arrears by the monthly invoice. Interest shall be calculated for the period between the last day of the interest-free period and the payment day, according to effective interest days, using the figure 365 as a divisor. If the quotation of the reference rate of interest is discontinued or suspended, the determination of the reference rate applied to the credit will be based on provisions on a new reference rate or measures by the authorities. If provisions or orders on a new reference rate are not given, and the credit provider and the Cardholder cannot agree on a new reference rate to be applied to the credit, the credit provider shall define a new reference rate after hearing credit supervision authorities. 5.2 Effective annual interest rate The effective interest rate for the Credit Account shall be notified in the Card Agreement. The effective annual interest rate and other expenses for the credit shall remain unchanged during the whole credit period. 5.3 Accrual of credit interest The card transactions made during the invoicing period are free of interest up to the due date, whereafter an interest as stated in the Card Agreement shall be calculated on the unpaid credit. The part of the total amount of the invoice which the Cardholder
does not pay on due date of the invoice, is interest-bearing credit. However, the maximum amount to be transferred to credit is the difference between the credit limit and the interest-bearing credit in use. The Bank is entitled to limit the Cardholder s right to transfer debt to interest-bearing credit if the Cardholder does not comply with the agreed terms of payment or if the Bank deems that the risk arising from the fact that the Cardholder is unable to comply with his/her payment obligation has increased considerably. 5.4 Penalty interest If credit, amortisation or interest is not paid in such a way that the payment amounts are not in the receiving bank on due date, at the latest, the debtor is responsible for paying an annual penalty interest on the delayed payment amount from the due date to the day when the payment has reached the receiving bank. The penalty interest is seven (7) percentage points higher than the reference rate of interest notified in 12 of the Act on Interest (633/1982). If the interest charged by the Bank prior to due date is higher than the above-mentioned penalty interest, the Bank is entitled to claim this interest rate as penalty interest rate for a period of 180 days from the day the debt had fallen due in total, however, up to the day the sentence is passed by the court of law regarding this claim. After this, a penalty interest according to the Act of Interest shall be claimed. 6 Invoicing and payment of the credit The card and other transaction on the Credit Account as well as the interest-bearing credit, the credit and penalty interests and other expenses notified in the Terms and Conditions for Use and in the List of service charges shall be invoiced the Principal Cardholder in euros for each account, monthly. The due date of the invoice is agreed between the parties with the Card Agreement. Card transactions made by the Principal Cardholder and the Holders of Parallel Cards as well as other charges and fees stated in the Terms and Conditions for Use and in the List of service charges shall be invoiced by the same invoice. The invoice shall state the total of the credit in use. When the Customer clears the used credit balance by due date, the new card transactions are free of interest. The invoice shall also state the monthly instalment agreed between the Bank and the Cardholder as the minimum monthly amount to be paid. The monthly instalment comprises of amortisation of the credit, interest and possible charges and fees. The monthly instalment is, however, never smaller than the total sum of the possible interests and charges and fees. A monthly instalment that has fallen due and the part of the total amount of the invoice possibly exceeding the agreed credit limit shall be paid in addition to the agreed monthly instalment. The Principal Cardholder can agree with the Bank on adjustment of the monthly instalment. The due date of the invoice is the due date specified in the Credit Agreement. On the due date, the Cardholder must make a payment amounting to at least the minimum monthly instalment. If the due date is not a banking day, the day of payment shall be the next banking day. Payments are valid only when made to the account of the Bank. Any complaints concerning invoices must be made in writing within a reasonable time, generally within seven (7) days of receiving the invoice. To make a written complaint, the Cardholder must keep the receipt of the transaction.
The Cardholder is entitled to pay monthly instalments in excess of those specified in the Agreement, or settle the entire debt balance, without incurring any expenses for early repayment. When using the credit limit, the Customer is entitled to two months free from amortisation in a calendar year. These months cannot be consecutive months, and they must be specifically agreed with the Bank at the time specified by the Bank. The interest for a month of grace shall be included in the next monthly instalment. The Bank shall send the invoice and other notifications relating to the credit to the Principal Cardholder to the address provided to the Bank or received from the Population Register. Once the invoice or other notification relating to the credit has been mailed to the Principal Cardholder to the address as specified above, the notification is deemed to have been received no later than seven (7) days from the sending date. 7 Currency exchange rates The Terms and Conditions for currency exchange rates have been agreed in point 10 of the General Terms and Conditions for Private Cards. 8 The Cardholder s liability to give information The Cardholder engages to give the Bank upon request the necessary information on facts affecting its financial situation and solvency. 9 Special grounds for calling in the credit If the Cardholder's use of the Card does not conform to these Terms and Conditions and the breach of contract is deemed to be material, the Bank has the right to terminate the Credit Agreement with immediate effect. If the payment of a credit period instalment or minimum instalment is delayed by more than one (1) month and remains unpaid, the Bank is entitled to declare the entire balance due. Undue debt may also be declared due in the event that the Cardholder has given the Bank misleading or false information which may have affected the decision to grant the credit facility or the Terms and Conditions for it, or if the Cardholder is in other substantial breach of the Agreement or is declared bankrupt. If the delay in payment is caused by the Cardholder's illness, unemployment or other comparable reason, the Bank shall take this so called social payment restraint into consideration in making the decision to declare credit due and/or terminate the Agreement. The consumer must notify the bank in writing of any such social payment restraint in order for the Bank to take it into consideration. Such declarations of dues shall become valid within four (4) weeks of notifying the Cardholder, or in the event that the Cardholder has already been reminded of the delay or other breach of Agreement, two (2) weeks of notifying the Cardholder of the delay. If the Cardholder settles the balance of delayed payment within the time specified above or rectifies the condition that was in breach of contract, the calling in of the credit will be cancelled. Penalty interest as specified in Section 5.4 shall be charged on overdue payments. Even in the event that the Bank has not called in the credit immediately upon becoming aware of the circumstances giving it the right to do so, the Bank shall retain the right to exercise this option at any time. The Bank is entitled to transfer unpaid debt for collection by a third party. The Customer
shall be liable for all unpaid debt and the expenses incurred in the debt collection process. The Bank is entitled to notify the credit information register of defaults in payment and the registrar to record them if a due payment has been delayed for over 60 days from the original due date and at the same time at least three (3) weeks have passed since the Cardholder was sent a reminder stating the possible entry of the payment default in the credit information register, or if the recording of such defaults in the register is otherwise permitted by law or a decision of the data protection authority. 10 Charges and fees The charges and fees charged for the Credit Account and the Credit Card linked to it and for the use of it are defined in the Card Agreement and in the List of service charges valid at the given time. In addition, points 10 and 12 of the General Terms and Conditions for Private Cards shall be applied to the charges and fees. 11 Terms and Conditions for payment by direct debit By agreeing to use a direct debit arrangement for the Credit Card invoices, the Customer gives the Bank the right to charge the monthly instalment on the Account on the due date. The Customer is responsible for making sure that the account has a sufficient balance for the direct debit on the day prior to the due date. In the event that the Customer, having received the invoice, does not approve the charges, he/she must notify the Bank or his/her local branch office no later than five (5) weekdays prior to the due date. The Customer may cancel the direct debit arrangement by notifying his/her local branch office. In this case, the following invoice will not be subject to direct debit. 12 Amendment of Terms and Conditions Point 21 in the General Terms and Conditions for Private Cards shall be applied to amendments of these Terms and Conditions of Use. 13 Transfer of the Agreement Point 22 in the General Terms and Conditions for Private Cards shall be applied to the transfer of this Agreement. 14 Termination of the Card Agreement The Principal Cardholder has the right to terminate the Agreement with immediate effect. In the event of termination, the right to use a Parallel Card is also terminated. After termination, none of the holders of a card linked to the Credit Account is entitled to use the card linked to the Credit Account, and each Cardholder is liable to return his/her card to the Bank cut into pieces in such a way that also the chip of the card is destroyed. No fees or charges are debited for the termination. A holder of a Parallel Card is, on his/her part, entitled to terminate the Agreement with immediate effect. The Bank is entitled to terminate the Agreement with two (2) months notice. After termination, the remaining debt shall be paid in full as stated in the valid Terms and Conditions of Use. The Bank has the right to terminate the Customer's unused credit limit with immediate effect for instance in the event that the Bank s solvency is at risk or due to actions of the authorities. In addition, what is stated in point 23 of the General Terms and Conditions for Private Cards shall be applied to termination.
15 Revocation of the Card Agreement The Bank is entitled to revoke the Credit Account and Card Agreement, refuse to renew a granted card and demand immediate repayment of the credit in use, if the terms of point 23 of the General Terms and Conditions for Private Cards are met. 16 Validity of the Agreement The Card Agreement is valid until further notice. 17 Applicable law and place of jurisdiction Point 26 of the General Terms and Conditions for Personal Customers shall be applied to the Terms and Conditions for applicable law and place of jurisdiction.