NAB Commercial Card Facility. Applicable to: NAB Qantas Business Card Facility NAB Business Access Card Facility NAB Business Card Facility

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1 NAB Commercial Card Facility Applicable to: NAB Qantas Business Card Facility NAB Business Access Card Facility NAB Business Card Facility

2 Lost/stolen card reporting In Australia Call toll-free, 24 hours per day Overseas Call reverse charges, 24 hours per day MasterCard Visa Customer Services For telephone enquiries, please call Business Cards on am 8pm AEST/AEDT, Monday to Friday or 9am 6pm Saturday or Sunday. If you re registered for NAB Internet Banking, please send us your enquiry via the Secure Messaging Service. Your query will be responded to by the next business day. For written correspondence concerning these commercial cards, use the following postal address: Commercial Cards GPO Box 9992 Melbourne VIC 3001 Facsimile MasterCard is a registered trademark of MasterCard International Incorporated.

3 Contents Page Facility Terms and Conditions Including General Explanatory Information 7 Definitions and interpretations 7 Cardholders 13 The Facility 14 Facility limit and credit limits 15 Customer liability 16 International transactions 17 Statements of accounts 19 Required payments 20 Application of payments to NAB and refunds 22 Interest charges 25 Lost/stolen cards 28 Disputed transactions 28 Government charges 30 NAB fees and charges 30 Annual percentage rate 30 Cancellation of cards 32 Security 33 Termination 33 Variation of Terms and Conditions 34 Notices 35 Review 36 Code of Banking Practice 37 Waiver 38 NAB s right of set-off 38 General Explanatory Information A Regular Payment Arrangements and mail order authority 39 B Unclaimed credit balances 40 C Complaint investigation procedures 40 D Disclaimer 41 3

4 4 NAB Qantas Business Card Facility Reward Terms and Conditions 42 NAB Qantas Business Card Facility Reward Terms and Conditions explained 42 Qantas Frequent Flyer program 43 Getting started 43 Earning Points 44 Bonus Points 46 Bonus Points on selected Qantas services 47 When Points are not earned 48 Statements 48 When Points are credited to a Membership Account 48 When Points are not credited to your Membership Account 49 Cancelling a Card or closing your Facility 49 Important things you should know 50 Appendix 51 NAB Cardholder Conditions of Use 53 Issue of a card 54 Use of a card 54 International transactions 56 Credit limit 59 Lost and stolen cards and unauthorised use of cards 59 Variation 59 NAB Electronic Banking (card-based) Product Disclosure Statement Including Conditions of Use 60 Part A General Information 61 Summary of Important Information 61 Features and benefits 62 Risks 63 Significant taxation implications 63 How can I get more information? 64 What do I do if I have a problem or dispute relating to my account? 64 Are commissions payable to staff members of NAB? 64 Updating information 65 Meaning of words 65

5 Part B Conditions of Use 66 Application of these Conditions of Use 66 Limits on EFT transactions 68 Card-based electronic banking facilities 70 Operation of card-based electronic banking services 72 Deposits 75 Responsibilities and liabilities 77 Complaint investigation and resolution procedure 83 Alterations to Conditions of Use 85 Code of Banking Practice and epayments Code 87 Meaning of words 88 NAB Privacy Notification 91 Privacy Notification 91 How we collect information from you 91 How we collect your information from other sources 91 When the law authorises or requires us to collect information 92 How we use your information 92 How we use your credit information 93 What happens if you don t provide your information to us? 93 Sharing Your Information 94 Accessing your Information 97 Correcting your Information 97 Complaints 97 Contact Us 97 Contact details for Credit Reporting Bodies 98 Contact credit reporting bodies if you think you have been the victim of a fraud 99 Contact credit reporting bodies if you don t want your information used by them for direct marketing/pre-screening purposes 99 5

6 NAB Commercial Cards Liability Insurance 97 About this booklet 100 Important Information 101 Group policies: About your right to access cover 101 General Insurance Code of Practice 102 Privacy 103 Resolving complaints & disputes 103 How to contact QBE s CCU, FOS Australia or the OAIC 105 Financial claims scheme 105 Policy Wording 106 Our agreement with NAB 106 Words with special meanings 106 Unauthorised transaction insurance 107 General conditions 108 Claims 110 Claims conditions 111 Other terms 112 Appendix A NAB Commercial Card Notification of Claim Template 113 6

7 Facility Terms and Conditions Effective 18 March 2013 Part A Terms and Conditions 1 Definitions and interpretations account means the NAB account established in the name of the Customer for the purpose of the Facility and which may be accessed by a card. agreement means in connection with the Facility, these Terms and Conditions, the Offer Letter and, where the card is used to operate the account through an extra facility, the Terms and Conditions of the extra facility, each as amended from time to time. annual percentage rate means the annual percentage rate applicable to purchases, cash advances, designated purchases or designated cash advances (as the case requires) on the account as advised to the Customer by NAB in the Offer Letter, or in the terms of a special promotion, and as changed from time to time under 15. business day means a day other than a Saturday, Sunday or public holiday listed throughout Australia. card means a NAB card issued under the Facility. cardholder means (if applicable) the Customer and the person nominated by the Customer from time to time and accepted by NAB pursuant to 2 as a cardholder. cash advance means each amount: (a) of cash supplied by use of a card, on the account, including each such amount converted in accordance with 6; 7

8 (b) transferred from the account by use of a card, or otherwise arising from use of an extra facility on the account where the transfer is to an account with NAB or another financial institution and, in the latter case, includes both a transfer which is successfully completed and a transfer which is unsuccessful for any reason; (c) charged by a supplier of cash, cash substitutes or bill payment services where such items are authorised by use of a card or otherwise arising from use of an extra facility on the account, including each such amount converted in accordance with 6, except for BPAY transactions which are purchases; or (d) treated by NAB as a cash advance under 9(b); or (e) being a designated cash advance unless notified by NAB or otherwise provided in these Terms and Conditions. cash component means, in relation to a closing balance, that part of the closing balance which relates to: (a) a cash advance; (b) fees and charges applicable to a cash advance; (c) interest charges applicable to a cash advance; and (d) any other component of the closing balance NAB designates as part of the cash component as notified to the Customer from time to time. chip means the electronic microchip embedded in a card. closing balance means the amount shown on a statement of account as the closing balance for that statement of account, and is the amount the Customer owes NAB in respect of the account on the closing date for the statement period. closing date means the date shown on a statement of account as the last day of the statement period for the statement of account. 8 BPAY is registered to BPAY Pty Ltd ABN

9 Conditions of Use means the Conditions of Use which apply to use by a cardholder of a card provided to the Customer within this document. contactless purchase means a method of authorising purchases by waving or tapping a card (which is capable of making a contactless purchase) in front of a contactless reader and without having to insert or swipe the card. contactless reader means an electronic device at a merchant which can be used to make a contactless purchase. credit limit means the credit limit NAB applies to a card. cycle date for a NAB Business Card Facility means the date specified in the Offer Letter except: (a) where a cycle date would otherwise fall on: (i) a Saturday; or (ii) on a non-business day where the previous calendar day was a business day, it will be on the previous business day; or: (b) where a cycle date would otherwise fall on: (i) a Sunday; or (ii) on a non-business day where the previous calendar day was not a business day, it will be on the next business day; or: (c) where NAB notifies the Customer of another cycle date in writing. Customer means the Customer detailed in the Offer Letter and includes that person s successors and assigns. daily percentage rate means the rate determined by dividing the relevant annual percentage rate by 365. designated cash advance means a transaction designated by NAB as a cash advance made under the terms of a special promotion. 9

10 designated purchase means a transaction designated by NAB as a purchase made under the terms of a special promotion. due date means five calendar days after each cycle date or such other date as NAB may separately agree, except that where the due date falls on a non business day it will be on the next business day. electronic banking facility means each banking facility available through the Internet or by telephone from NAB and any other electronic banking facility advised to the Customer by NAB, including contactless readers. extra facility means any banking facility offered by NAB from time to time and available for use in connection with a card, and which permits a cardholder to use a card or charge amounts to the account. This includes NAB s electronic banking facilities. Facility means a NAB Qantas Business Card Facility, NAB Business Access Card Facility or NAB Business Card Facility offered to the Customer in the Offer Letter and includes the account and any cards issued to cardholders to operate the facility. facility limit is the amount described in 4(a). financial institution means: (a) a bank within the meaning of the Banking Act 1959; (b) a corporation: (i) that is registered or incorporated as a building society or credit union under a law relating to such organisations that is in force in a State or Territory of Australia; or (ii) a substantial part of whose business or undertaking is the provision of credit; or (c) a person who is not a corporation and in relation to whom paragraph (b)(ii) would apply if the person were a corporation. 10

11 GST has the same meaning as in the A New Tax System (Goods and Services ) Act 1999 (Cth). insolvent means being insolvent under administration or insolvent having a controller appointed (each as defined in the Corporations Act such as being bankrupt), in receivership and management, in liquidation, under administration, wound-up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or otherwise unable to pay debts as and when they fall due. minimum payment means, in relation to the account, the amount calculated in accordance with 8(a)(iii). monthly payment means, in relation to the account, the amount described in 8(a) (iv) or 8(a)(v). NAB means National Australia Bank Limited ABN nominated account means for the NAB Business Card Facility, the account with NAB or another financial institution nominated by the Customer to facilitate payment. Offer Letter means the letter in which NAB offers the Customer the Facility. opening date means the date shown on a statement of account as the first day of the statement period for that statement of account. overlimit amount means, in relation to the account, the amount by which the balance of the account exceeds its credit limit. past due amount means, in relation to the account established for the NAB Qantas Business Card Facility or the NAB Business Access Card Facility, the amount described in 8(a)(vii). person includes an individual, a firm, a body corporate, an unincorporated association or an authority. personal information means information or an opinion (including information or an opinion 11

12 forming part of a database), whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. purchase means each amount: (a) charged by a supplier for the supply of any goods or services purchased by the use of a card (including BPAY transactions), including each such amount converted in accordance with 6, except for amounts which are cash advances; or (b) being a designated purchase unless notified by NAB or otherwise provided in these Terms and Conditions. purchase component means, in relation to a closing balance that part of the closing balance relating to: (a) a purchase; (b) fees and charges other than fees and charges applicable to a cash advance; (c) interest charges applicable to a purchase; and (d) any other component of the closing balance NAB designates as part of the purchase component as notified to the Customer from time to time. relevant percentage means the percentage described in 8(a)(v). special promotion includes a reduced rate of interest, interest-free days or other special terms NAB may apply from time to time to a category of transactions, the Terms and Conditions of which NAB will tell the Customer at the time NAB informs the Customer of the special promotion. More than one special promotion may apply to the account at the same time. statement period means the period specified on a statement of account as the statement period, and is the period to which the statement of account relates. taxable supply has the same meaning as in the A New Tax System (Goods and Services) Act 1999 (Cth). 12

13 use in relation to a card means any physical use of the card, and any notification or use of the card number or any other identifying number or password issued by NAB in relation to the card or the account or to enable the card or the account to be used through an extra facility, and the making of any payment to the account. Some examples of use of a card are: (a) physical use of the card in an automatic teller machine or other terminal device including a contactless reader; (b) physical use of the card in an imprinter in a manually processed transaction; (c) providing the card number to a merchant by telephone; (d) nominating the card number in a mail order or other authority to a merchant; (e) entering the card number or an identifying number issued in relation to the account under NAB s Telephone Banking facility into a device connected to that facility; or (f) any transaction conducted on the account through NAB s Internet Banking facility. 2 Cardholders (a) The Customer may, from time to time, make a written request to NAB for the issue of a card to a cardholder to operate the account. Any such request shall nominate the name of the intended cardholder, specify the credit limit to apply to such card and shall be signed in accordance with the Commercial Cards Add a Cardholder Form. (b) NAB reserves the right in its absolute discretion to decline or to accept any request made by the Customer pursuant to 2(a). (c) NAB may temporarily block the use of a card where it has reason to suspect unauthorised or unlawful activity on a card. NAB will endeavour to contact the Customer or cardholder in this event. (d) The Customer is responsible for the security of any card issued to the Customer or any cardholder. Any card issued to the Customer or 13

14 14 any cardholder is for the respective cardholder s use only. The Customer is responsible for keeping any card in a safe place and providing protection for the card from theft and misuse. 3 The Facility (a) The first use of the account or a card issued under the Facility to access credit or for any other purpose will be taken as the Customer s acceptance of NAB s offer to provide the Facility on the basis that it is subject to these Terms and Conditions. (b) The Facility enables a cardholder as agent of the Customer to operate the account. (c) Each card provided to a cardholder shall be subject to Conditions of Use provided with the card to the cardholder. The Customer agrees to be bound by, and undertakes to ensure that each cardholder complies with, the Conditions of Use provided to the Customer with these Terms and Conditions and as those Conditions of Use are amended by NAB from time to time. (d) Each cardholder may apply to use their card in NAB s electronic banking facilities without the need for the Customer to consent. Upon receipt of the card or Card Account Details (as defined in the Conditions of Use for Electronic Banking (card-based), whichever is received first, the use of the card and Card Account Details will be subject to the Conditions of Use for Electronic Banking (card-based). However, 6.5 and the guidelines on security in 6.6 in the Conditions of Use for Electronic Banking (card-based) apply immediately upon receipt of the Personal Identification Number ( PIN ). The Customer agrees to be bound by and undertakes to ensure that each cardholder complies with the Conditions of Use for Electronic Banking (card-based). The Customer acknowledges receiving a copy of the Conditions of Use for Electronic Banking (card-based) and understands that 1.5 of the Conditions of Use for Electronic Banking (card-based) provides that it is the Customer s obligation to ensure that each cardholder is provided with a copy

15 of the Conditions of Use for Electronic Banking (cardbased). In the event of a conflict between the Conditions of Use and the Conditions of Use for Electronic Banking (card-based), the Conditions of Use for Electronic Banking (card-based) shall prevail. For the purposes of 2.1 of the Conditions of Use for Electronic Banking (card-based), the cardholder may nominate the account together with any cheque or savings or other acceptable account which the cardholder is solely authorised by NAB to operate. 4 Facility limit and credit limits (a) The facility limit is the amount determined by NAB from time to time. The initial facility limit is advised to the Customer when NAB offers the Facility to the Customer. (b) The Customer must ensure that: (i) the outstanding balance of the account does not exceed the facility limit without the prior approval of NAB; and (ii) the credit limit applicable to a card is not exceeded. (c) Each card issued under the Facility may, subject to approval by NAB, have a credit limit up to the facility limit. (d) Where the aggregate credit limit of all cards issued under the Facility and approved by NAB exceeds the facility limit, the amount of credit available on a card at any time will be limited to the available credit in the account or the amount of credit available on the card at that time, whichever is less. This may result in transactions being declined even though the credit limit on a card is not fully utilised, as the aggregate outstanding balance of the account at any time must not exceed the facility limit. (e) Subject to 8(a)(viii), any overlimit amount is immediately due and payable by the Customer. (f) The Customer may apply to NAB in writing to vary: (i) the facility limit; or (ii) the credit limit applicable to any card authorised to operate the account. 15

16 NAB will advise the Customer whether it has approved the application and from when the variation takes effect. NAB may reduce the facility limit or credit limit on a card without the Customer s consent at any time without notice. Unless the Customer is in default, NAB will give the Customer notice as soon as practicable after it does so. 5 Customer liability (a) Subject to 11.2, the Customer is liable for all credit extended by NAB on the account (and any applicable interest charges or other charges including government fees, duties and charges) arising from any use of the account or a card by a cardholder and whether the amount of such credit is in excess of the credit limit applicable to the card or of the facility limit. (b) 5(a) applies regardless of whether any transaction on the account may have arisen as a result of the actions of any cardholder without the authority of the Customer. To remove any doubt, this includes any cash advance by a cardholder when the cardholder had not been authorised by the Customer to use the card for cash advances. 5(a) also applies whether the card has been used in breach of any term or condition contained in this Facility (including the Conditions of Use and, if applicable, the Conditions of Use for Electronic Banking (cardbased)), including without limitation any refusal by any cardholder to return any card after the Customer has taken all reasonable steps to have the card returned to NAB, or whether statements of account in respect of the account are addressed to the cardholder or the Customer, or a person nominated by the Customer. (c) The Customer agrees that amounts shown on the relevant sales voucher or cash advance voucher or any other transaction evidence will be checked before a voucher or transaction record is signed or a PIN is entered. NAB relies on the cardholder s signature on a voucher or transaction record or the entry of a PIN as authority to debit the amount shown. 16 (d) Where the Customer applied for a Facility with personal liability, the individual who is named as the Customer in the Letter of Offer and in whose

17 name the account is issued, is a customer in their own right and must comply with this agreement and is personally liable for all amounts described in 5. In this event any company, partnership, trust or other business entity that may employ or otherwise engage the Customer has no liability under this agreement and will not be liable for any amounts incurred. (e) Where the Customer is more than one party, the liability of each such party under the Facility shall be joint and several. (f) A card must not be used for any unlawful purpose, including the purchase of goods or services, prohibited by local law in the cardholder s jurisdiction. 6 International transactions For the purposes of this clause, any reference to multi currency transactions and single currency transactions means: multi currency transaction means a transaction made in a currency other than Australian dollars with an internationally or Australian-designated merchant, an international ATM or overseas bank. single currency transaction means a purchase transaction made in Australian dollars with an internationally-designated merchant. If a card or account is used to make international transactions the way amounts are processed for listing on a statement of account depends on the MasterCard scheme and the type of transaction. (a) MasterCard (i) Multi Currency Transactions Purchases, cash advances, refunds and any other charges originating in United States dollars (USD) are converted to Australian dollars (AUD) as at the date of processing by MasterCard International (MasterCard), using a government-mandated exchange rate or a wholesale exchange rate obtained by MasterCard from a range of international currency providers. 17

18 Purchases, cash advances (if applicable), refunds and any other charges originating in a currency other than AUD or USD are converted to USD by MasterCard and then to AUD using the exchange rates described above. The converted AUD amount appears on a statement of account as the transaction amount. (Note: MasterCard converts a refund using the exchange rates applicable as at the date of processing by MasterCard. This means that the refund may be converted using an exchange rate different from the one used to convert the original purchase.) (ii) Single Currency Transactions (b) Visa By the cardholder s agreement with the merchant, purchases are converted to AUD by the merchant at the point of sale using exchange rates provided by a third party. These transactions are subject to a NAB International Transaction Fee as specified in the Offer Letter and charged to the cardholder in accordance with 14. (Note: The merchant converts a refund using the exchange rates applicable as at the date of processing the refund. This means that the refund may be converted using an exchange rate different from the one used to convert the original purchase.) (i) Multi Currency Transactions 18 Purchases, cash advances, refunds and any other charges, incurred in currencies other than Australian dollars (AUD) are converted to AUD (directly from United States, Canadian, New Zealand and Singapore dollars, pounds sterling, euros and Japanese yen or, if in a currency other than these currencies, first to United States dollars) as at the dates they are processed by Visa International (Visa) using exchange rates determined by them. The exchange rates

19 used by Visa to convert a foreign currency transaction to AUD are wholesale market rates selected by Visa from within a range of wholesale rates or the government mandated rate, in effect one day prior to the Visa Central Processing Date. The converted AUD amount appears on the statement of account as the transaction amount. A NAB International Transaction Fee, specified in the Offer Letter is charged in accordance with 14. (Note: Refunds incurred in currencies other than AUD are converted to AUD as at the date they are processed by Visa using exchange rates determined by them. This often results in the refund being converted using an exchange rate different from the one used to convert the original purchase.) (ii) Single Currency Transactions By the cardholder s agreement with the merchant, purchases are converted to AUD by the merchant at the point of sale using exchange rates provided by a third party. These transactions are subject to a NAB International Transaction Fee as specified in the Offer Letter and charged to the cardholder in accordance with 14. (Note: The merchant converts a refund using an exchange rate applicable as at the date of processing the refund. This means that the refund may be converted using an exchange rate different from the one used to convert the original purchase). 7 Statements of accounts (a) NAB will provide a monthly statement of account in respect of the account expressed in Australian currency unless: (i) no amount has been debited or credited to the account during the statement period and the amount outstanding is zero or below $10.00; 19

20 (ii) NAB wrote off the balance of the account during the statement period and no further amount has been debited or credited to the account during the statement period; (iii) enforcement proceedings have been commenced by NAB; or (iv) the Customer is in default under the Facility. (b) Statements of account will be forwarded to the address nominated by the Customer for receipt of statements. (c) NAB recommends that the Customer checks each statement of account carefully as soon as they receive it. Please refer to 12 for details on how to report any disputed transaction to NAB. 8 Required payments NAB Qantas Business Card Facility and NAB Business Access Card Facility (a) Subject to 8(b), in relation to the account: (i) (ii) where the closing balance on a statement of account shows an amount owing, the Customer must pay the minimum payment. the Customer may pay more than the minimum payment. (iii) the minimum payment equals the sum of the monthly payment and the greater of the past due amount and the overlimit amount. (iv) if the closing balance is less than $10.00, the monthly payment equals the closing balance. 20

21 (v) otherwise, the monthly payment is the greater of: $10.00; and an amount equal to the sum of: the relevant percentage of the purchase component of the closing balance; and the relevant percentage of the cash component of the closing balance; and the relevant percentage of any other component of the closing balance NAB designates as notified to the Customer from time to time, Where: each relevant percentage amount is calculated separately and rounded to the nearest cent; the different components of a closing balance are determined having regard to the allocation of payments and refunds as described in 9 of this agreement; and the relevant percentage for a component of the closing balance is 2.5% or any other percentage designated by NAB as notified to the Customer from time to time. (vi) the monthly payment is due and payable on the due date. (vii) the past due amount is any amount shown on a statement of account as past due which has not yet been paid. Subject to 8(a)(viii), the past due amount is due and payable immediately. (viii) where a past due amount and an overlimit amount are each owing, the greater of the past due amount and the overlimit amount is due and payable immediately. 21

22 (ix) in addition to the minimum payment, the Customer must also pay any other amount then due and payable under this agreement. (b) The outstanding balance of the account and any other money owed to NAB under the Facility shall be payable by the Customer to NAB on demand. (c) All payments may be made to the Card Centre described on the statement of account, to any branch of NAB within Australia or by any other facility for payment which NAB makes available from time to time. NAB Business Card Facility. (d) The payment required, as shown on a statement of account, is due on the due date. Such payment must be satisfied by a payment method approved by NAB. (e) The balance owing on the account from time to time including fees and charges is payable by the Customer to NAB on demand. 9 Application of payments to NAB and refunds (a) NAB will credit payments as soon as practicable after receipt of the payment. However, NAB reserves the right not to increase the available credit by the amount of the payment until NAB receives value for the payment (for example, when a cheque is cleared). (b) Where a payment has been credited to the account, but NAB does not receive value for it (for example, if a cheque is dishonoured), NAB will debit the payment to the account. NAB may reverse the application of the original payment or treat any part of the payment as a cash advance. NAB Qantas Business Card Facility and NAB Business Access Card Facility. (c) A payment will be applied in the following order: (i) firstly to amounts that have appeared on a statement in the following order: 22

23 Any interest charges and fees and charges; and Purchases and cash advances, including special promotions (highest to lowest annual percentage rate). (ii) then to amounts that have not appeared on a statement in the following order: Purchases and cash advances, including special promotions (highest to lowest annual percentage rate). Any other amounts owing on your account. (d) A refund due to the Customer, for a purchase, will be applied in the following order: (i) (ii) first, towards payment of purchases that have not appeared on a statement of account; second, towards payment of purchases appearing on the last statement of account; (iii) third, towards payment of interest charges shown on a statement of account that are applicable to a purchase and fees and charges shown on a statement of account except for non-government fees and charges applicable to a cash advance; (iv) fourth, towards payment of interest charges applicable to a purchase that have not appeared on a statement of account and fees and charges that have not appeared on a statement of account except for nongovernment fees and charges applicable to a cash advance; and (v) fifth, towards payment of any other amount owing on the account. (e) A refund due to the Customer in connection with a purchase or any other amount debited to the account other than a cash component, will be applied in the following order: 23

24 (i) (ii) first, towards payment of interest charges shown on a statement of account that are applicable to a purchase and fees and charges shown on a statement of account except for non-government fees and charges applicable to a cash advance; second, towards payment of purchases appearing on the last statement of account; (iii) third, towards payment of purchases that have not appeared on a statement of account; (iv) fourth, towards payment of interest charges applicable to a purchase that have not appeared on a statement of account and fees and charges that have not appeared on a statement of account except for nongovernment fees and charges applicable to a cash advance; and (v) fifth, towards payment of any other amount owing on the account. (f) A refund due to the Customer, for a cash advance, will be applied in the following order: (i) (ii) first, towards payment of cash advances that have not appeared on a statement of account; second, towards payment of cash advances appearing on the last statement of account; (iii) third, towards payment of interest charges and other non-government fees and charges shown on a statement of account that are applicable to a cash advance; (iv) fourth, towards payment of interest charges and other non-government fees and charges applicable to a cash advance that have not appeared on a statement of account; and (v) fifth, towards payment of any other amount owing on the account. (g) A refund due to the Customer in connection with a cash advance will be applied in the following order: 24

25 (i) (ii) first, towards payment of interest charges and other non-government fees and charges shown on a statement of account that are applicable to a cash advance; second, towards payment of cash advances appearing on the last statement of account; (iii) third, towards payment of cash advances that have not appeared on a statement of account; (iv) fourth, towards payment of interest charges and other non-government fees and charges applicable to a cash advance that have not appeared on a statement of account; and (v) fifth, towards payment of any other amount owing on the account. (h) Where a transaction involving a transfer of an amount made through an electronic banking facility from the account to an account with another financial institution is not successfully completed for any reason, the amount in question will be credited to the account described as the billing account in the Terms and Conditions for the relevant electronic banking facility. (i) Any deposit balance in the account will be applied towards payment of any amount debited to the account as soon as the amount is debited. NAB will not pay interest on any deposit balance in an account. 10 Interest charges NAB Qantas Business Card Facility and NAB Business Access Card Facility Cash advance For the purpose of 10(a), any reference to the date assigned to the cash advance means either: the date on which the cash advance was made; or the opening date shown on the statement of account on which the cash advance was itemised, whichever is the later. 25

26 (a) (i) (ii) interest charges will be calculated on a cash advance by applying the daily percentage rate for cash advances to the aggregated balance. The aggregated balance is calculated by adding together the daily unpaid balance of the cash advance for each day from and including the date assigned to the cash advance until and excluding the date the cash advance is repaid in full. interest charges will be debited on the closing date for each statement period, and will be calculated from and including the opening date up to and including that closing date. The annual percentage rate for designated cash advances under a special promotion may differ to the annual percentage rate for other cash advances. Purchase For the purpose of 10(b), any reference to the date assigned to the purchase means either: the date on which the purchase was made; or the opening date shown on the statement of account on which the purchase was itemised, whichever is the later. (b) (i) Interest-free purchases No interest charges will be charged on a purchase if the closing balance for: the statement of account on which the purchase was itemised; and the previous statement of account; are paid in full by the due date shown on the respective statements of account. (ii) Purchases on which interest charges are charged If (i) is not applicable, then a purchase will be liable for interest charges which will be calculated by applying the daily percentage rate for purchases to the aggregated balance. The aggregated balance is calculated by adding together the daily unpaid balance of the purchase for 26

27 each day from and including the date assigned to the purchase until and excluding the date the purchase is repaid in full. If the closing balance on the last statement of account before the statement of account on which the purchase was itemised was not paid in full by its due date, interest charges on the purchase will first be debited to your account on the closing date of the statement period in which the purchase was debited. Otherwise, interest charges on the purchase will first be debited to your account on the closing date of the statement period after the statement period in which the purchase was debited. In either case, interest charges on the purchase will continue to be debited on the closing date for each subsequent statement period until the purchase is repaid in full. Interest charges will be calculated from and including the opening date up to and including the closing date for the statement period. The interest charges will be calculated up to and including the day on which they are debited. The annual percentage rate for designated purchases under a special promotion may differ to the annual percentage rate for other purchases. NAB Business Card Facility. Interest rate: (c) The current interest rate is advised in the Offer Letter and is subject to change under 19. Interest calculation: (d) Interest will be calculated on a cash advance by applying the daily percentage rate for cash advances to the aggregated balance. The aggregated balance is calculated by adding together the daily unpaid balance of the cash advances for each day from and including the date assigned to the cash advance until and including the cycle date. Interest charges will be debited to the account on that cycle date. Payments that are dishonoured are treated by NAB as a cash advance under 9(b) will attract the cash advance interest rate until the amount is paid. 27

28 11 Lost/stolen cards 11.1 Notification procedure If a card is lost or stolen the Customer must immediately notify NAB using the telephone number referred to on the inside leaf of the front cover of these Terms and Conditions. The Customer must give NAB all the information the Customer or any cardholder has about how the loss occurred Customer liability The Customer remains liable for any cash advance or purchase made by any other person before the Customer notifies NAB of the loss or theft up to a maximum of: (a) in relation to all the uses of the card through an extra facility (i) the amount determined under the Terms and Conditions for the extra facility (if any); (b) in relation to all other uses of the card (i) a total amount of $ Despite notifying NAB of an event described in 11.1, the Customer remains liable for any cash advance or purchase made by a cardholder or any person authorised by a cardholder. 12 Disputed transactions 12.1 A disputed transaction may include: (a) an unauthorised transaction a transaction which the Customer believes was not authorised by use of the card or account by a cardholder. This includes any unauthorised mail, telephone or Internet orders or any other unauthorised transaction on the account. (b) general dispute a transaction which the Customer wishes to dispute. This may include a transaction which has been processed to the account more than once, or a transaction which was authorised by the use of a card or account which the Customer now wishes to dispute. 28

29 Despite notifying NAB of a disputed transaction, the Customer remains liable for any cash advance or purchase made by a cardholder or any person authorised by a cardholder Notification procedure The Customer should immediately notify NAB of any disputed transaction. NAB recommends that the Customer promptly reads the statement of account. Use the telephone number printed on the statement of account to report the disputed transaction. The Customer must give NAB all the information the Customer or any cardholder has about how the disputed transaction occurred. NAB may require the Customer or cardholder to confirm details in writing Chargeback rights Each card scheme has a dispute resolution process that is contained in the operating rules of the credit card scheme. This process sets out specific circumstances and time frames in which a member of the scheme (eg a bank) can claim a refund in connection with a disputed transaction on a cardholder s behalf. This is referred to as a chargeback right. NAB s ability to investigate any disputed transaction on the account, and subsequently process a chargeback, is restricted by the time limits imposed under the operating rules of the applicable card scheme Time frames for notifying NAB The ability of NAB to dispute a transaction on the Customer s behalf (where a chargeback right exists) may be lost if the Customer does not notify NAB within the required time frames. For this reason, it is in the Customer s interest to report any disputed transaction to NAB immediately and certainly no later than the due date shown on the statement of account. 29

30 Where it can be shown that the Customer has unreasonably delayed notifying NAB, the Customer may be liable for the loss on any disputed transaction Time frames for NAB to process a chargeback right NAB will only process a chargeback for the Customer (where such a right exists) when the Customer has notified NAB of the disputed transaction within the required time frame, as described in The time frames for NAB to process a chargeback (where a chargeback right exists) vary between 30 days and 180 days, depending on the applicable card scheme and the type of disputed transaction. NAB will not accept a refusal of a chargeback by a merchant s financial institution unless it is consistent with the applicable card scheme rules Electronic transactions If the epayments Code is applicable to a disputed transaction, the time frames as specified in 12.4 may not apply in certain circumstances. The procedures for resolving disputed electronic transactions are set out in the Terms and Conditions of the extra facility. NAB recommends that the Customer notifies NAB as soon as possible of any disputed transaction. 13 Government charges NAB may charge the Customer: (a) an amount equivalent to government charges and duties on receipts received or withdrawals made or otherwise in connection with the account, the amount of which is calculated in accordance with the applicable legislation; (b) where for GST purposes NAB makes a taxable supply to the Customer, in addition to any consideration payable by the Customer in relation to the taxable supply that is not expressly stated to be inclusive of GST 30

31 ( GST-exclusive consideration ), an amount calculated by multiplying the GST-exclusive consideration by the prevailing GST rate. All such charges and duties will be debited to the account on the closing date for each statement period. 13 (a) applies regardless of whether the facility limit or the credit limit applicable to any card is exceeded or that any transaction on the account may have arisen as a result of the actions of any cardholder without the authority of the Customer, or whether the card has been used in breach of any Term or Condition applicable to this Facility (including the Conditions of Use), including without limitation, any refusal by any cardholder to return any card after being required to do so by NAB or the Customer. 14 NAB fees and charges (a) Details of any initial NAB fees and charges applicable to the Facility (including any fees and charges applicable to a card), shall be advised by NAB to the Customer at the commencement of the Facility. (b) NAB will be entitled to debit any such fees and charges to the account or Nominated Account (if applicable), at monthly intervals, or such other intervals as NAB may from time to time determine, and the Customer must pay such fees and charges in accordance with these Terms and Conditions. 15 Annual percentage rate (a) NAB may at any time vary the annual percentage rate, in accordance with 19 (including, without limitation, any applicable indicator rate or any other element of the annual percentage rate). (b) Where NAB makes a change to the annual percentage rate by changing the applicable indicator rate, any such change will apply to the Facility at the commencement of the statement period which follows the date notified as being the effective date of such revised indicator rate. 31

32 16 Cancellation of cards 16.1 Cancellation of a card by NAB (a) NAB may in its absolute discretion at any time without prior notice, cancel a card. (b) Upon receipt of advice of such cancellation, the Customer will use its best endeavours to cause the card to be returned to NAB at the earliest possible date. Before being returned, the card should be cut (including any chip on the card) diagonally in half Cancellation of a card Customer request The Customer can revoke the authority of a cardholder to operate the account if the Customer: (a) gives NAB a notice requesting the authority be revoked or otherwise advise NAB in a manner acceptable to NAB that the Customer wishes this to be done; and (b) takes all reasonable steps to return any current card to NAB or otherwise destroy the card by cutting (including any chip on the card) it diagonally in half. If the Customer requests NAB to revoke the authority of a cardholder, the Customer must immediately notify the cardholder of this request If the Customer makes a request to revoke the authority of a cardholder to operate the account in accordance with 16.2, the Customer is responsible for: (a) transactions generated by use of the cardholder s card until the Customer has made the request; and (b) transactions generated by use of the cardholder s card which are processed to the Customer s account after NAB receives the Customer s request. 32

33 17 Security Where NAB holds, or during the term of the Facility acquires, security of any description securing any other liabilities of the Customer to NAB, the Customer s liability under the Facility, will also form part of the monies secured by that security. 18 Termination (a) Termination of this agreement shall not prejudice the rights and remedies of NAB, including without limitation the right to recover from the Customer any monies owing or that may become owing to NAB under the Facility. In particular, the Customer will remain liable for all credit and interest charges or other charges including government fees, duties and charges until all monies owing or that may become owing to NAB under the Facility have been paid. (b) In the event of termination of this agreement for any reason whatsoever, all cards will be cancelled and the Customer will ensure that the cards so cancelled are returned to NAB immediately after being destroyed in the manner described in 16.1(b). Should any card so cancelled be used subsequent to cancellation, the Customer s liability in respect of such card will continue until return of the card to NAB. The outstanding balance on the account upon termination of this agreement shall be immediately due and payable to NAB together with all costs, charges and expenses relating to it. NAB Qantas Business Card Facility and NAB Business Access Card Facility (c) The Customer may, at any time, give NAB a notice of termination of this agreement, in which event this agreement shall terminate at the expiration of 60 days from the date of receipt of such notice. 33

34 (d) NAB may terminate this agreement at any time without notice, and whether or not the Customer is in default of any of these Terms and Conditions. A Customer is in default of these Terms and Conditions if any of the matters in 18(f) apply. NAB Business Card Facility (e) Subject to 18 (f) NAB may end this agreement by giving the Customer 30 days, notice. (f) NAB may terminate this agreement immediately if: (i) (ii) the Customer breaches their obligations under this agreement and hasn t rectified the breach within 7 days of receiving written notification from NAB; NAB considers the Customer is or may be insolvent or unable to pay their debts as they fall due; (iii) there is a change in the Customer s ownership and control; (iv) any other event or circumstance arises, financial or otherwise, which in NAB s opinion is likely to materially and adversely affect the Customer s ability to perform or meet any of their obligations under this agreement. 19 Variation of Terms and Conditions 19.1 NAB may make changes NAB may change: (a) the due date; (b) the annual percentage rate (or any other interest rate) applicable to the Facility; (c) the amount, frequency or time for payment of the credit fees and charges applicable to this agreement or impose a new credit fee or charge; (d) the amount, frequency or time for payment of the repayments required under this agreement; and 34

35 (e) any of the other provisions of this agreement Notification of change NAB will notify the Customer of any unilateral change by NAB to an annual percentage rate (or any other interest rate) applicable to the Facility, and in the amount of any credit fees and charges (including the introduction of a new credit fee or charge) in writing or by advertising the change in a newspaper circulating throughout your state or territory no later than: (a) in the case of a change to an annual percentage rate: the date the change takes effect; and (b) in the case of change to a credit fee or charge: 30 days before the change takes effect. If notice of a change is provided by advertising, NAB will also give the Customer particulars of the change before or when the next statement of account is sent to the Customer after the change takes effect. NAB will notify the Customer of any other change that NAB may make unilaterally by giving the Customer notice of the change no later than 30 days before the change takes effect. NAB may agree to change this agreement or defer or waive any of the Terms and Conditions of this agreement without creating a new contract. 20 Notices (a) A notice must be in writing. (b) If the Customer wishes to give NAB a notice, the Customer may send it by post, facsimile transmission or some other form of electronic transmission to, or leave it with an officer of NAB at the address stated in the Offer Letter or any other address NAB tells the Customer. (c) If NAB wishes to give the Customer a notice, NAB may: (i) deliver it personally to the Customer at 35

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