GENERAL TERMS AND CONDITIONS OF DEPOSIT RETAIL OPERATIONS BY CURRENT, GYRO, AND FOREIGN-CURRENCY ACCOUNTS
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- Octavia Cooper
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1 GENERAL TERMS AND CONDITIONS OF DEPOSIT RETAIL OPERATIONS BY CURRENT, GYRO, AND FOREIGN-CURRENCY ACCOUNTS 1. GENERAL PROVISIONS 1.1. By these Terms and Conditions for retail operations (hereinafter: Terms & Conditions) by current, gyro and foreign-currency accounts, Intesa Sanpaolo Banka d.d. Bosna i Hercegovina (hereinafter: the Bank) establishes basis for (obligatory) business relations between the Bank and its retail clients (hereinafter: the clients, owners of accounts, natural persons) whom the Bank offers its services continuously or permanently By these Terms and Conditions, the Bank stipulates uniform conditions for opening and maintaining current, gyro and foreign-currency accounts (hereinafter: accounts), forming, and disposal of funds, interest calculation, and collection of fees for the Bank's services, notification and closing of accounts Apart from the General Terms and Conditions for certain products, the Bank may prepare the special conditions for a specific product or service of the Bank which also represent an integral part of the contractual relation between the Bank and client. In case certain issues are defined in a different manner in special conditions in relation to General Terms and Conditions, the special conditions shall be applied In case one or more than one provision of the contract concluded by the Bank with the client is not harmonized with these General Terms and Conditions, the provisions of the contract shall be applied The client, in terms of these Terms and Conditions, is a natural person, resident and/or non-resident, capable of carrying all rights and obligations, with which the Bank directly or by proxy/legal representative, in accordance with valid regulations, concludes Agreements or to which it offers particular banking and financial services and who accepted General Terms and Conditions of retail operations by current, gyro and foreigncurrency accounts The term "resident/non-resident" is defined by the Law on Foreign Currency Operations. In terms of this Law, resident person is a natural person who has permanent residence in Bosnia and Herzegovina; non-resident person is a natural person who has permanent residence abroad These Terms and Conditions shall be applied together with individual Agreement concluded with the client. In case that an individual Agreement with client differs from these terms and conditions, provisions of individual Agreement shall be applied In conformity with these Terms and Conditions, the Bank opens the following accounts: current account, gyro account, and foreign-currency account Pursuant to governing legal provisions, operations by accounts in the Bank are subject to competent bodies' control with respect to legal liabilities, so the Bank is bound to report to competent bodies all data on movements on accounts, upon request and in accordance with valid regulations The Bank is obliged to report to the State Investigation and Protection Agency, Financial Intelligence Department, all transactions which are subject to such obligation pursuant to the Law on the Prevention of Money Laundering and financing of terrorist activities in BiH as well as the Bank's Rulebook on measures and activities for prevention of money laundering and financing of terrorism Account holder and possible authorized persons irrevocably agree that the Bank has the right to submit important information and their protected data, pursuant to the Law on the protection of personal data, which the Bank encounters, to members of the Intesa Sanpaolo Group inside and outside the country, and Companies with which the Bank concludes Agreement on business cooperation, and to Companies dealing with the check of loan histories, statistics, and those governmental bodies, or institutions to which the Bank is obliged to submit those information based on valid regulations Client is obliged to inform the Bank on each significant change of his/her personal data on the basis of which the account was opened, including the change of his/her permanent or temporary residence (resident/nonresident status) based on which the account was opened or the loan was granted in the Bank. The Client shall be 1
2 held responsible for all shortages or damage that would incur due to non-compliance with submission of data on incurred changes. The Bank shall keep copies of documents on the change of data on owner, change on the resident's status or non-resident's status on grounds of which the Bank makes rebooking on appropriate accounts, together with documentation based on which the account was opened in the period in which the Bank is obliged in accordance with the law, to keep documentation based on which the account was opened The Bank shall process personal data of the clients only to the extent necessary for the Bank's regular operations, granting of loans, opening of accounts and reporting on them, and all in accordance with the Law on Protection of Personal Data Mandatory elements of the contracts on current. gyro and foreign-currency account concluded with the client are defined in the Law on Banks of Federation BiH, the Law on Banks of RS, the Law on Domestic Payment System in RS and Law on Obligations, and such elements will be included in the draft of the contract or a specific contract concluded by the Bank with the client During the negotiations for concluding the contract, the Bank shall inform the client on conditions and all traits of the service being offered by giving an information sheet in writing or electronic form to the client (valid only in the territory of RS) The Bank provides information and appropriate explanation on conditions related to contract on current/gyro/foreign-currency account to client in the manner that will enable the client to compare the offers of different providers of the same service and assess if the contract is adjusted to his/her needs and financial situation (valid only for RS territory) The Bank shall give the draft of the contract to the client intending to conclude the contract with the Bank, upon the client's requests, free of charge, for the purpose of client's consideration of such contract containing the basic data on current/foreign-currency/gyro account outside the Bank's premises. The Bank shall not give a freeof-charge copy of contract draft if it evaluates that it does not want to start the relationship with the client in a specific legal operations By signing Agreement on current/foreign-currency/gyro account, the client declares that he/she has read and that he/she is acquainted and that he/she accepts General Terms and Conditions for retail operations by current, gyro and foreign-currency accounts, valid Decision on fees and other costs of the Bank for services offered to resident and non-resident clients, as well as other acts of the Bank which stipulate retail operations by current, gyro and foreign-currency accounts Illiterate persons (person who does not know how to read and write), instead of the signature, leaves the fingerprint of the forefinger of right hand or of another finger in case right forefinger fingerprint may not be left. By leaving his fingerprint, the client accepts all provisions stated in the contract and General Terms and Conditions Cash contractual obligations have to determined or determinable in the contract concluded by the client and the Bank General Terms and Conditions are prepared in writing and are available in business network and through other distribution channels of the Bank (web page of the Bank, the Bank's business premises) The Bank shall hold the right to change and amend General Terms and Conditions for retail operations in accordance with valid regulations and the Bank's business policy on which the Bank is obliged to submit written notification to the client within at least 15 (fifteen) days prior to beginning of the change. In that case, the Client agrees with any changes and amendments to General Terms and Conditions of retail operations and he/she can obtain information in the Bank's Agencies, as well as by publication of General Terms and Conditions of retail operations on the Bank's web site. If the Client does not accept changes and amendments to General Terms and Conditions of retail operations by current, gyro and foreign-currency accounts, the Client is obliged to notify the Bank in writing on its position within 15 (fifteen) days, after which within 90 (ninety) days, the Bank shall have the right to make total reimbursement of residual debts by allowed overdrafts by account. After 90 (ninety) days, the 2
3 Bank shall have the right to declare debts as due and make unilateral cancellation of Agreement on account with the Client, and in that case, Loan beneficiary is obliged to settle entire due debt towards the Bank. If the client does not settle entire due debt, the Bank shall undertake all legal activities in order to collect due debts by allowed overdrafts by accounts that the Bank declared as due, and request collection of due debt before competent court. 2. OPENING AND MAINTAINING OF ACCOUNTS 2.1. The Bank opens an account for receiving payments and performing disbursements for a natural person on the basis of signed Agreement. Agreement with the Bank is to be concluded by the owner of the account, by legal representative in the name of a person under the age of 18, or by tutor in the name of a person under tutorship. By signing the Agreement, contracting parties accept their rights and liabilities as well as provisions given in these Terms and Conditions and subsequent amendments of the contract provided that client's written consent is obtained, and one copy of the Agreement is submitted to the client The Bank issues signed bank card and one copy of the Agreement on current, gyro and foreign-currency account to the account owner Owner of account can have only one current and gyro account opened with the Bank and a few foreigncurrency accounts. 2.4.On the occasion of opening account, the Bank identifies the client on the basis of his/her identification document (Identification card/ passport or other appropriate document with photograph or other respective document) and determines his/her name and surname, resident address, date of birth, Social Security number of passport number and the country that issued it, and data on the document on the basis of which identification is performed (name and number of document and the body/authorities were the document is issued). When opening the account, the Bank shall determine the name of company/employer where the client is employed, and source of funds 2.5. The Bank shall not open a current account to clients who, as at the day the current account is opened, have unsettled liabilities towards the Bank by any basis or that are in worse category in the Bank, nor to the clients that were in the bad assets category in the last 12 months (due unsettled liabilities to Bank longer than 270 days) Opening of account for resident person If the client for whom the Bank opens an account is not present, the Bank opens the account on the basis of copies of valid identification documents and power of attorney verified by competent authorities or diplomatic or consular representative office of Bosnia and Herzegovina that person authorized by Account Holder submitted to the Bank for account opening. The Bank's employee, when determining and checking the identity in case that the client is not present, shall undertake the following measures: collect additional documents, data or information based on which the client's identity shall be checked; additionally check submitted documents or make additional confirmation by credit or financial institution; apply the measure that first payment in business activity is done by account opened on behalf of the client at other credit institution. On the occasion of opening account to residents, the Bank keeps the copy of identification card on the basis of which identification of resident was performed or verified documents which were received in some other manner for opening an account, as well as a copy of identification card and certificate on residence. Copy must not be verified by the competent body. When opening of a gyro account to resident persons, copy of certificate of the place of residence must be verified by competent state authority/ other administrative authorities (Municipality) Opening of account for non-resident person 3
4 Non-resident account is account for maintaining deposit of a non-resident person on the basis of the Agreement concluded between the Bank and non-resident. Non-resident natural person can open account or saving deposit in local or foreign currency, in conformity with the Law on foreign currency operations. The Bank opens account or savings deposit to a non-resident/retail client/ upon request, along with which documentation is filed to establish the identity of that person, as well as his/her citizenship, place of temporary and permanent residence during the last year (passport or other appropriate ID document). The Bank opens the account to a non-resident/retail client/ based on court decision, whereby an Agreement is signed by person from executive court decision, that is, person designated for custodian (e.g. by a decision of custodian authority), and the Bank establishes the identity of that person. If a Client to whom the Bank opens an account is not preset, the Client may authorize other person to conclude the Agreement on his/her behalf. The bank opens an account based on copy of valid ID document and based on the authorization certified by local or foreign competent body, or based on documents certified by diplomatic/consular representative office of the non-resident's country of origin, or Bosnia and Herzegovina and it cannot be older than 3 (three) months. Authorised person shall, along with the prescribed documentation, submit documents based on which identity of account holder van be established. All mentioned documents, except in the form of certified copy by competent body, shall be submitted in a certified translation on one of official languages of the Federation of BiH /Republika Srpska/Brčko Distrikt. The Bank's employee, when determining and checking the identity in case that the client is not present, shall undertake the following measures: collect additional documents, data or information based on which the client's identity shall be checked; additionally check submitted documents or make additional confirmation by credit or financial institution; apply the measure that first payment in business activity is done by account opened on behalf of the client at other credit institution. The Bank keeps a copy of identification document on the basis of which non-resident client was identified or verified documents which the Bank received in some other manner for account opening. Copy of the Id card must be verified by the competent body. Document verification must not be older than 6 (six) months Opening of account for minors Request for opening an account for the person under the age of 18 is to be submitted by his/her legal representative/tutor who also signs the Agreement on the account. The account is to be opened in the name of the a minor. Legal representatives of persons under the age of 18 are their parents or other persons legally determined as their representatives. On the occasion of opening an account in the name of person under 18, the Bank shall fill the name of legal representative who submitted request for opening account On the occasion of account opening, legal representative is obliged to present to the Bank identification documents and relationship evidences (birth certificate) or other document as the evidence of representation right Copies of documents based on which the Bank opens the account to the name of person under age of 18 with his/her legal representative or to the name of person under tutorship, the Bank shall hold for its archive Persons under the age of 18 cannot independently dispose of the funds on the account. Legal representative can dispose of the funds on account of the person under 18. Disposal rights for legal representatives related to the account of a person under 18 are stipulated by valid regulations Legal representative can authorize other adult person only for payments on a foreign currency account. Authorized person cannot have more rights than legal representative. 4
5 Current account for a person under the age of 18 is opened exclusively for donations, retirements, fees realized through youth services and for other income disposal of which is not subject to special approval After the Agreement on account is concluded, the Bank issued signed/bank card to the legal representative. Signed/bank card shall not be issued to the person under the age of 18, but be kept in the Bank's files, unless conditions stated under Item are fulfilled. A person of the age under 18 cannot personally dispose of the funds on account except for the cases as stated under Item of these General Terms and Conditions Persons under the age of 18 who are capable to work (older than 16) can personally submit request for account opening and conclude the Agreement on account. However, persons under the age of 18 who concluded employment agreement, can personally submit request for opening an account and conclude the Agreement on account, but exclusively for the purpose of disposal of funds realized through their work Legal representative can authorize other full age person Current account Current account is opened on the basis of written Agreement concluded with the client, which ensures regular or periodical inflow of funds, and in conformity with these Terms and Conditions Regular inflow for the Bank is payment paid based on personal income, pension, regular maternity fees and other regular monthly fees. Regular inflow of the Bank is not cash payment, payment of occasional fees and other temporary income, as well as all payments in favour of current accounts of non-resident and minor persons. The Bank shall enable unlimited disposal with the funds on current account for those owners whose current accounts are opened on the basis of regular income. The Bank can, without stating the reasons, reject a request for opening current account to a person with irregular history with respect to current account or other accounts previously opened with the Bank or accounts opened with other banks Gyro account The Bank can open gyro account for a natural person who realizes income from temporary business pursuant to valid regulations, these Terms and Conditions and other valid acts of the Bank Foreign-currency account The Bank can open foreign currency account for a natural person who realizes income from temporary business pursuant to valid provisions, these Terms and Conditions and other valid acts of the Bank. 3. FORMING OF FUNDS ON ACCOUNTS Current and gyro account 3.1. Funds on current account are formed by transfers of salaries, retirements and other income or by transfer of funds from bank deposit or credit accounts as well as other cash and non-cash payments Funds on gyro account are formed by money transfers or cash payments, and from other regular and temporary income in accordance with valid regulations Cash payment on one's account can be made by the owner of the account or persons authorized by him/her, or by other natural persons, provided that they are identified and that they present the reason for executing the transaction. Foreign-currency account 3.4. Funds on account are formed by cash payments in convertible foreign currency, by transfers in convertible currencies from abroad and in the country, by cheques and credit letters made out in convertible currency (salaries, retirements, foreign currencies bought at the bank, collection of foreign securities realized through succession or gift) in accordance with foreign currency regulations Foreign currency cash payment in favour of foreign currency account can be made exclusively by natural person who is the owner of the account or person authorized by the owner of that specific account. Transfer of foreign currency assets from the account of one resident natural person to the account of other resident natural person is not allowed. Transfers of foreign currency funds shall be allowed between foreign currency accounts, of the same retail client, that are opened with various Banks. Transfer of funds from foreign currency account to account opened with other 5
6 bank to the name of the same retail client may be done by legal representative/guardian or proxy on behalf of the account holder The Bank maintains foreign currency account in the currency of deposit. The Bank receives only those currencies exchange rates for which are listed on the Bank's Exchange List. In case of deposits or transfers in different currencies, the Bank maintains each currency separately The Bank shall receive and deposit effective foreign currency banknotes which are in circulation, not damaged or false The Bank is not obliged to receive foreign currency coins Non-resident natural person can freely receive payments on his/her non-resident account through non-cash payment operations and make payments or transfers in the country and abroad in accordance with foreign currency regulations The owners of current accounts can use foreign currency deposits for payments in local currency with previous conversion. The Bank buys foreign currency assets from account for withdrawals or payments in local currency at the rate stipulated by the Bank's currently valid acts. 4. DISPOSAL OF FUNDS 4.1. Account owner and his/her authorized persons can dispose with funds on account in accordance with valid regulations and rules of the Bank. Account owner and authorized persons, whose identity is determined by the Bank in accordance with these Terms and Conditions, can perform transaction on account. Instruments for disposal with funds on account are as follows: - cash withdrawal on the Bank's Teller Unit (signing card), - one-time and single order, - cash withdrawal on ATM up to the amount of determined daily limit, - cash withdrawal and payment of EFT/POS device, - using SMS or ELBA services of the Bank, - non-cash transfer in the Bank (one-time and standing order), and - other instrument subsequently introduced by the Bank Signing card Signed card for disposal of funds on account in conformity with these terms and conditions is issued for the owner of the account and the persons authorized by him/her. Signing card is used as identification document along with identification card and signature for cash and non-cash transactions on account exclusively in all organizational parts of the Bank. Signing card is in use until delivery of bank card. Banking card Debit card is internationally valid card issued for the owner/authorized person. Bank card is electronic, plastic card with magnetic strip and/or chip, valid up to the date stated at the face of card. It is used as: - as identification instrument with identification card and signature for cash withdrawals with debit slip and other bank transactions. - as transaction document, with PIN or signature in the country and abroad for transactions on ATM and cash withdrawals and payments on POS terminals, - for entering in 0-24 zone for the purpose of using of self-service statement printers and other self-service equipment - for purchase up to 12 instalments on sales points marked by the Bank with a special mark, maximum up to the amount equal to the amount of available additional overdraft for the instalment purchase, only for the users of Inspire VISA Electron debit cards. - for contactless payments of quick and simple services (VISA PayWave), only for the users of Inspire VISA Electron debit cards The Bank issues secret personal identification number (PIN) to the owner of the account and persons authorized by him/her for using ATMs and POS terminals. The Bank guarantees secrecy of PIN and inaccessibility of being disclosed in the bank system. Disbursement of cash by using Inspire Visa Electron card on Intesa Sanpaolo's ATMs in the country and ATMS of all banks that are the members of Intesa Sanpaolo Group abroad shall be done free of charge. 6
7 Disbursement of cash by using Visa Electron card at ATMs of ISP Bank in the country shall be done free of charge. In case the cash is withdrawn in ATMs of other banks in he country and abroad, card user shall pay the fee for withdrawing cash in the amount set forth by bank on which ATM the user is withdrawing the cash. In terms of such disbursments, the card user shall pay the fee to the Bank in accordance with the Decision on fees and other costs of the Bank in operations with resident and non-resident retail clients. For cash withdrawals and payments made abroad by bank card of current and foreign currency account, the Bank shall debit account in local currency for the counter value in foreign currency, calculated at sale rate for effective money, listed on the Bank's exchange rate on the date of transaction acceptance. Payment of instalments by additional overdraft is carried out automatically and only by the funds in the current account in the local currency (maximum up to the amount of allowed regular overdraft). For cash withdrawals and payments made abroad by bank card abroad, the Bank shall debit account in local currency for the countervalue of foreign currency,, and for the transaction carried out abroad, the conversion of the currency in which the transaction was carried out is done to the calculating currency contracted with the card company (EUR), in accordance with the valid exchange rate list of the card company valid as at the day the transaction was carried out (authorization), while the conversion from the calculating currency to the local currency is carried out in accordance with the valid exchange rate list of the Bank valid as the date the transaction was accepted (processed) by applying the sales exchange rate. The date of accepting the transaction is also the date of booking the transaction. Payment of instalments by additional overdraft is carried out automatically and only from the current account in local currency (maximum to the amount of allowed regular overdraft). Single-order is order with which the owner of the account or a person authorized by him/her issues written order to the Bank to debit his/her account making a specific transaction in favour of other account. Debit slip Debit slip can be used for cash withdrawals from account without regard in which organizational part the payments is made. Standing order The owner of the account or a person authorized by him/her can Agreement one or more standing orders by which he/she authorizes and obliges the Bank to debit his/her account and make regular payments in favour of other account by defined date and cancellation. In case of contracting standing order, the owner accepts the following obligations: - to ensure sufficient assets on the account for realization of all liabilities from standing order as well as related fees at least one day before due date; - to send a notice on changed conditions or cancellation of standing order at least eight (8) days before due date for payment of liabilities contracted by standing order, - to pay the fee for the Bank's services. The Bank shall not make the payment contracted by a standing order if: - the assets on the account are not sufficient for due payments, - the account is blocked. Validity of standing order expires if: - the Bank or the orderer cancel a standing order, - the account is suspended or blocked, - the order is fully effected, - the owner of the account died Non-resident can freely receive payments on his/her non-resident account through non-cash payment operations and make payments or transfers in the country and abroad in accordance with foreign currency regulations and rules of the Bank In case of the owner's death, his/her legal successors dispose with the funds on the account on the basis of legally valid Decision on succession The Bank can dispose with the funds on the account for payments of due uncollected receivables from the owner of account, on the basis of court decisions, decisions adopted by other competent bodies as well as documents on the basis of which the Bank is bound by laws to make the payment from the account. 7
8 4.5. The Bank can dispose with the funds on an account to collect any of its due receivables from the owner raised on the basis of any of his/her contracted relations with the Bank The Bank is authorized, without questions and authorizations of account owner, to correct errors by accounts that might incur by his/her accounts (in favour and at the cost of), which are consequence of processing and executing transactions, and whose removal is necessary for proper performance of transactions and legal operations. The Bank is obliged to notify the client on incurred changes after each change on account in the aforementioned manner The Bank can allow to the owners of accounts disposal of funds exceeding available balance on their accounts in the form of allowed overdrafts (consisting of regular and additional overdraft) or frame loans in the manner and under conditions stipulated by the Bank's special Decision. As for these Terms & Conditions, the term "available balance" relates to positive balance of the account as on preceding date increased for money inflow occurred on that day and reduced for payments made on that day, including all withdrawals of cash on the teller unit or provisions based on transactions on POS device or ATM, up to the moment of determination of available balance. Unlimited disposal of funds on current account means possibility to use allowed overdraft /frame loan if overdraft is approved by the Bank. Limited disposal of funds on current account up to the limit of available balance means possibility to use all instruments for disposal while possibility of approving allowed overdraft is excluded Disposal of funds on gyro and foreign currency account is limited up to the cover on the account, i.e. available balance All movements on the account are recorded /value dated/ on the date of transaction, date of crediting/debiting bank account, i.e. in conformity with valid regulations Inactive account shall be considered an account on which there were no activities by the holder of account including depositing or withdrawal of funds from account during one year as of the day of the most recent activity of account holder, and in case of time deposit, one year as of the due date. The following types of accounts shall be excluded from the foregoing definition: - accounts of retail clients for which holder or his/her legal representatives, with the adequate documentation, appear in the Bank to check account balance, regardless of whether they have or have not made any changes on account. - accounts that are under legal proceedings, - special-purpose accounts and deposits related to card operations, while that connection exists. 5. UNALLOWED OVERDRAFT 5.1. Total negative balance of current account is considered as non-allowed overdraft if it exceeds amount of allowed overdraft, i.e. the amount of available balance The Bank can charge possible non-allowed overdraft from all deposit accounts which the owner opened with the Bank pursuant to the agreement Measures which the Bank undertakes in case of non-allowed overdraft on an current account are stipulated by the Bank's special acts on collection of due debts Inflow of assets on a current account which is transferred to due/work-out receivables, the Bank shall book till all mature receivables on the account are settled. Possible remaining assets shall be allowed to the client after all mature receivables are settled. 6. AUTHORIZATION 6.1. The owner of the account, on the occasion of opening the account or later on, can authorize one or more persons for disposal with funds on account by signing the authorization statement issued by the Bank. The authorization can be on a single or standing basis. Standing authorization for disposal of funds on demand saving deposit, issued in the Bank, is recorded into the owner's saving book and is valid until cancellation. 8
9 6.2. In case that authorization is made out of the Bank, signature of the owner of the account must be verified by local or foreign competent body and such authorization shall be considered as single one Authorized person disposes of the funds on the account under the same conditions as the owner, but cannot authorize third person for disposal, close the account,, nor cancel/terminate Agreement per account signed between the Bank and the owner of the account unless otherwise specifically stated in the authorization statement A person authorized for foreign currency account can not issue an order for transfer on his/her own foreign currency account or account of third person, except in the case when execution of such transfer was explicitly stated under the power of attorney Authorization ceases to be valid by the owner's written cancellation, by authorized person's written cancellation, the owner's death, authorized person's death, if the owner of the account or authorized person lost his/her capacity to work, or closing of account Statement on cancellation of authorization has legal effect as from the date of its receipt in the Bank, and the owner of the account bears potential material damages raised from given authorization. Upon cancellation/termination of authorization, authorized person is obliged to return to the Bank signed bank card. 7. CALCULATION OF INTERESTS 7.1. Valid interest rates for retail deposits are defined under Decision on the amount of interest rates in deposit retail operations, and are available to the clients in the Bank's Agencies, on the Bank's web site, and through the Bank's distribution channels, as well as upon the client's request The Bank calculates and pays on positive account balance interests on account balance in local and foreign currency at the rates stipulated by Decision on interest rates in retail deposit operations. The Bank calculates and pays interests on balance of unused regular overdraft on account in local and foreign currency at the rates stipulated by Decision on interest rates in retail disbursements. Calculation of interest, by positive balance in account and balance of used overdraft by account, is carried out monthly, by compound interest method, on the basis of actual number of days in a month in relation to the actual number of days in a year Interest rate is to be contracted as annual interest rate If interest rates change, the Bank shall notify the Client in writing. The notification delivery date shall be the day when the B4ank sends the notification by post to the client to the address indicated in Deposit Agreement or the address the client submitted to the Bank subsequently in writing, regardless of whether he/she is located on the subject address Valid interest rates on retail deposits are public, expressed in written form and they are available to the Bank's clients in business network and other distribution channels of the Bank Effective interest rate is calculated in conformity with valid regulations and is stipulated by the Agreement. Effective interest rate is presented in written form and it is available to the clients The Bank shall calculate by using the compound method and collect default interest (interest by maturity) on accounts with unallowed negative balances for the period when unallowed negative balance occurred until the date of settlement, in accordance with valid regulations and documents of the Bank. 8. FEES 8.1. The client shall pay fees and commissions determined under valid Decision on fees and other costs of the Bank for services offered to resident and non-resident retail clients in accordance with the contract Valid interest rates on retail deposits are public, expressed in written form and they are available to the Bank's clients in business network and other distribution channels of the Bank. 9
10 9. SUSPENSION AND CLOSING OF ACCOUNT 9.1. The Bank shall suspend an account in the case that there is non-allowed overdraft, owner's death, based on court decision, competent bodies' decisions, in case a client is late with payment of liabilities by additional overdraft longer than 5 (five) days and other documents which stipulate suspension of accounts in conformity with the law The Bank can suspend an account if being authorized by the owner of the account by special statement or Agreement, with exception of applying decisions of competent bodies, and application of valid regulations The owner of the account or authorized person can not dispose of the funds on the account for the time the account is being suspended The Bank shall limit the rights related to the Agreement on account, or terminate the Agreement to the owner who does not fulfil contracted liabilities and act in accordance with valid regulations and the bank's acts The Bank can terminate the Agreement if the account owner: does not fulfil its liabilities in accordance with maturity periods from Agreement on account; presents false and invalid documentation to the Bank, does not inform the Bank in writing on the change of his/her residence address, or change of employer where he/she is employed or on the fact that he/she has lost a job, while, at the same time, he/she does not perform his/her liabilities towards the Bank regularly, in accordance with this Agreement does not adhere to any provision of this Agreement, does not comply with provisions of General Terms and Conditions for retail operations and their constituent parts The Bank shall close a resident/non resident account on the basis of agreed provisions or on grounds of the Law or regulations. If a resident/non-resident account is to be closed pursuant to the law or other legal provision, the Bank is obliged to inform its resident/non-resident client and send him/her on the request a copy of the law or legal provision 9.7. The Bank closes the account on personal or written request of the owner, legal representative, authorized person (only if there is special authorization containing such explicit order), then if there is no turnover on the account (inflows or outflows, except for interests crediting and other system transactions) longer than the period stipulated by the Bank's Decision, and the balance on the account is lower than the balance stipulated by mentioned Decision with the obligation for publishing the information on closing the account in the official gazette, as well as on grounds of Decision and court's decision. Closing (balancing) of account on the request of its owner shall be made after the following conditions are fulfilled: - signed/bank card of the owner/legal representative or authorized person is returned, - all liabilities per account as well as other liabilities undertaken with respect to the account are settled. - calculated and attributed respective interests on the date of closing, as well as any fees are settled When the owner/authorized person sends request for closing of account to the Bank in writing/recommended receipt, then the signature of owner/authorized person (only if stated in owner's authorization) must be verified by local or foreign competent body. Signature verification must not be older than 3 (three) months. The original of verified request for closing of account shall remain stored in the Bank The account is to be closed exclusively in organizational part in which it has been maintained in the manner and under conditions defined by the Contract concluded between the user and the Bank 10. BLOCKING BANKING CARD The Bank shall block/disable the usage of the card in case it is reported missing, in case of user's death, based on court decision, decision of the competent body, and documents on grounds of which the Bank, in accordance with the law, needs to block the card The Bank may suspend the right to use the card for a certain period to primary and/or additional user/users without the prior notification in case the provisions of this General Terms and Conditions and provisions of the contract on the account are not adhered to. 10
11 11. COMPLAINTS BY DEBIT CARDS Complaints related to transactions carried out by banking card are sent by clients personally or in writing to the Bank in the organization part where the account was contracted, or via other distribution channels ( ). User(s) of the banking card have to send the complaint within 30 days as of the day the account(statement was issued, at the latest. The Bank shall not be responsible and shall not accept the complaints that are delivered after the aforementioned period, and all possible expenses in this case shall be borne by the primary user of the card. The Bank shall respond to the complaint delivered in the relevant period in the period which is defined by the Rulebook on processing complaints of Clients and other valid acts of the Bank User(s) of the card have to save copy of invoices/slips from POS devices and ATMs for the needs of possible complaints. In case invoices/slips are missing, the Bank shall not be held responsible and it does not have to accept the complaint, while the primary card user shall bear all possible expenses In case the complaint is founded, completed in due time and in accordance with the statements of the General Terms and Conditions, the Bank shall, after the procedure is finalized, credit the account of the primary user in the amount of transaction stated in the complaint The Bank is not responsible for the quality of goods and services purchased with the banking card and for the correctness of received information or possible failure to accept the banking card in a sales point. Relevant complaints of this type are to be resolved directly at the sales point by the user of the banking card In case the Bank does not receive the written complaint with the needed documents within the deadline stated in these Terms and Conditions by the card user, the Bank shall deem that the user agrees to account/statement. 12. LOSS OR THEFT OF THE BANKING CARD Loss or theft of the banking card are to be immediately reported by the primary and/or additional card user(s) in writing to any organizational part of the Bank or to phone number written in the back of the banking card. After receiving the information on the loss or theft, the Bank blocks the card All costs and potential damages arising as a consequence of the misuse of lost or stolen card shall be borne by the user of the card up to the moment the Bank receives the written registration of the loss or theft of a banking card The Bank shall issue a new banking car to primary card user or additional user in case s/he regularly fulfilled the obligations by the account for which the card is issued, and it will deliver new PIN In case the banking card is physically damaged, the Bank shall issue a replacement card by the same account to the card user Primary card user or additional users my ask the change or new PIN issuing for the banking card. 13. CLIENT'S COMPLAINTS AND OTHER COMPLAINTS In case the client or another person who guarantees the client's fulfilment of liabilities deems that the Bank failed to adhered to obligations stemming from the concluded contract, good business practices, General Terms and Conditions of Bank's Operations and provisions of the law, than s/he can address a written complaint directly or by delivering it to Bank's address by mail or electronically The Bank is obliged to implement the procedure by the lodged complaint and deliver the response to the submitted of the complaint within 30 days as of the day the complaint was submitted In case the client who established the business relation with the Bank in organizational part of the Bank which operates in RS territory is not pleased with the Bank's response to the complaint or if the Bank fails to deliver response within the defined period, the submitter of complaint is entitled to notify, in writing, and complain to ombudsman for banking system established within the Banking Agency of RS. In case the ombudsmen deems the complaint is justifiable, s/he will demand the Bank to state on the notification and complaint. 11
12 13.4. In case the client who established business relation with the Bank in organizational part of the Bank that operates in FBiH is not pleased with the Bank's response or if the Bank fails to deliver response within the defined period, s/he has the right to notify, in writing, the competent bodies in accordance with valid regulations. 14. NOTICES The Bank informs the owner of account in writing on the balances and movements on his/her account in local and foreign currency by statements of the account in defined time periods and in the manner stipulated by the Agreement on account. The Bank shall also enable data of account balance to the account holder, upon the request of Client, any time during a year 15. FINAL PROVISIONS Data on the owners of the accounts resident/non-resident natural persons, data on authorized persons and their written requests for closing of accounts as well as other documents on the basis of which the accounts were opened, the Bank shall keep in its files at least 10 (ten) years upon expiry of the year when the account is closed or the year in which business cooperation was terminated The Bank is obliged to keep payment orders and other relevant documents on the basis of which movements on the accounts were recorded at least ten /10/ years upon expiry of the year in which the movements were recorded or when transactions occurred Documents and data mentioned under Item and 15.2., the Bank shall keep in their original form or in other form appropriate for providing evidences in conformity with valid provisions and the acts of the Bank which stipulate keeping files The Bank and the owners of the accounts shall try to solve all possible disputes raised from account operations by mutual agreement. Otherwise, the court in the place of the Agreement on the account shall have jurisdiction All issues which are not explicitly defined by these General Terms and Conditions are subject to legal regulations and other documents of the Bank stipulating retail operations in the Bank's deposit and loan operations In case that any provision of these terms and conditions, upon their adoption, is not in conformity with the law and other valid provisions, legal provisions shall prevail and be applied up to the moment of amending these terms and conditions. Intesa Sanpaolo Banka d.d. Bosna i Hercegovina 12
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