First Card Card with private liability Part 4

Transcription

1 First Card Card with private liability Part 4 To be filled in by First Card FC customer no FC agreement no Card application Official name of the company Organisation number (9 digits) Surname/First name (max 26 characters) norwegian national ID number (11 digits) Home address Postal code City Telephone mobile Norwegian citizen if no, no of years lived in Norway Nationality yes No Information concerning work and private economy Employed since working conditions employee- /salary number Regular annual income (gross) Permanently employed (full time /part time )temp Contact person telephone Annual COmpany to be charged Cardholder to be charged Authorisation relating to information about travel expense forms I hereby authorise First Card to send all card transactions made by use of my First Card corporate card with individual responsibility to my employer s* travel expense system. The authorisation applies until further notice or until I withdraw it. The authorisation will be terminated if my employment or the company s agreement with the travel agency or First Card ceases. (*Employer means all companies within the same group as the employer.) Authorisation to debit travels and/or travel costs to a corporate card with individual responsibility via the employer s First Card Travel Account By taking into use my First Card corporate card with individual responsibility, I hereby authorise my employer s travel agency to charge the travels I purchase and my travel costs to my First Card corporate card with individual responsibility. The authorisation applies until it is withdrawn. The authorisation is terminated if my employment or the company s agreement with the travel agency or First Card ceases. Terms and conditions and signature of applicant I hereby apply for a First Card corporate card with individual responsibility and confirm that the information contained herein is correct. I am aware that my application will be credit assessed and that it can be rejected without stating any grounds. I have read and hereby accept the at any time prevailing terms and conditions of an account. Place and date signature We confirm that the above person is employed by our Company and may apply for a First Card and that the above information is complete and correct. Place and date Company s official signature Applications and notifications should be sent to Nordea Bank Norge ASA, Card Services, PO Box 1166 Sentrum, 0107 Oslo, Norway. If questions concerning First Card, please call First Card Customer Service, phone: First Card is issued by Nordea Bank Norge ASA

2 Corporate card with private liability Card agreement between Nordea Bank Norge ASA and the Cardholder (Agreement) Effective from 1 June The parties to the Agreement, the card services and the Agreement The parties to the Agreement are Nordea Bank Norge ASA and the physical person to whom the card is issued, hereinafter referred to as Nordea and "Cardholder". The Agreement covers the issuance and use of corporate card, hereinafter referred to as Card, currently MasterCard and Visa. To get a corporate card with private liability, the Cardholder must be employed with or carry out assignments for a Company, hereinafter referred to as Company. The Company is not a party to the Agreement. The Cardholder is liable towards the third party. First Card is issued by Nordea which is also creditor. The Card is a payment instrument which the Cardholder may use, and payment will be in accordance with the invoices received. The Card may also include additional services. The detailed terms and conditions of such additional services are given in separate descriptions. Any enquiry related to additional services, including disputes issues, must be directed to the providers of the relevant additional services. 2. Application and establishment of agreement Application and credit assessment The application form must be filled in and sent to First Card. First Card makes a credit assessment of the Cardholder and reserves the right to reject the application. Control of identity The applicant must prove his/her identity and confirm that the information given is correct before he/she receives the card. The card issuer or his/her representative will control the information contained in the application. Cancellation right The cardholder is entitled to cancel the agreement by notifying the card issuer no later than 14 calendar days after the date of the agreement or after the day, if later, the cardholder receives the terms of the agreement and information pursuant to section 48 of the Norwegian Financial Contracts Act. The deadline is considered met if a notification in writing is sent before the expiry of the cancellation period. If the cancellation right is exercised, the cardholder must without undue delay and no later than 30 calendar days after the notification has been sent, repay accrued credit, including nominal interest, excluding commission, as from the date of the utilisation of the credit facility until repayment. Section 51b of the Norwegian Financial Contracts Act applies to the cancellation right related to the credit. Cancellation right in connection with the purchase of goods and services must be addressed to the merchant. 3. Customer identification Customer identification of the Cardholder will be carried out in accordance with the provisions of the Norwegian Anti-money laundering and E-signatures acts. 4. Security procedures for the receipt and use of the Card On the receipt of the Card, the Cardholder must carefully study the enclosed information. Before taking the Card into use, the Cardholder must write his signature on the back of the Card. The Cardholder accepts the Agreement by his signature. The Cardholder also accepts the Agreement by taking the Card into use or keeping the Card. If the Cardholder does not want to keep the Card, the Cardholder must immediately notify First Card and shred the Card. The issued Card is strictly personal and must only be used by the Cardholder. The Card may not be transferred to any other person. The Card is Nordea s property, but the Cardholder has the right to use it for as long as it is used in accordance with this Agreement. The Card must be returned to Nordea on demand. When the Cardholder gets a new card (renewal), it is the Cardholder s responsibility to shred the old card. When the Card is used in ATMs and point-of-sale terminals, it must be used with the assigned PIN-code or signature as required. Use of PIN-code has the same legal effect as a signature on a debit note. If the PIN-code is written down, this must be done in such a way and in such form that only the Cardholder understands what the digits refer to. Such note must not be kept together with the Card. The Card must be treated in the same way as securities and must be kept in the same safe way as cheques, cash and other valuables. 5. Use of the Card When the Card is used, it is the Cardholder who enters into an agreement with the merchant. 5.1 Use of the Card for the purchase of goods and services by means of PIN-code or signature The Cardholder may use the Card as a means of payment at MasterCard s or Visa s merchants. When presented with the bill, the Cardholder must present the Card. The Cardholder must either hand over his Card for imprint or register the Card in the point-of-sale terminal. The purchase is approved by means of the PIN-code or by a signature on the bill. The merchant may ask for additional identification in the form of a bank card, driver s licence, passport, etc. and take a copy of such identification. Transactions and/or purchases verified by the Cardholder's signature or PIN-code cannot be revoked or stopped. This does not, however, deprive the Cardholder of the right to complain in accordance with clause Use of the Card for the purchase of goods and services without the use of PIN-code or signature If the Agreement with Nordea or established practice entitles the Cardholder to use the Card without a PIN-code or signature, First Card may charge the Card for the transaction amount. First Card may furthermore charge the Card for the transaction amount when the card number has been given to the merchant (seller) without the use of a PIN-code or signature, for example in connection with payment of goods and services bought via the Internet, mail or telephone or other forms of distance selling. The same applies to subsequent claims after hotel stays, car rental, etc. if, on ordering the service or entering into an agreement with the merchant, the Cardholder has accepted such debiting or has been informed of Nordea s debiting right. When using the card number on the Internet or for other forms of distance selling, the Cardholder will have to state CVV/CVC (which is found on the reverse side of the card) to confirm the debiting. In some cases additional security codes will be required. 5.3 Cash withdrawal The Card may also be used for cash withdrawals from ATMs by means of PIN-code, and for cash withdrawals over the counter. 5.4 Debiting limits, amount reservations, etc. The Card has a debiting limit per transaction for some services. If the payment amount exceeds this limit, the merchant may be authorised by First Card to accept a higher amount. First Card may refuse to authorise a payment amount. It is not permitted to avoid debiting limits by issuing part payments/notes for the same purchase. The merchant may reserve the amount in the Card for future debiting Games and betting, etc. The Card (or the card number) must not be used to pay for participation in games, betting or other forms of gambling (also on the Internet), even if the merchant or card terminal accepts the Card. Use of the Card in conflict with this restricted use is considered a material breach of agreement and entitles Nordea to terminate the agreement. To what extent the Cardholder is legally bound to pay debt incurred as a consequence of the Card being used in conflict with this clause, is regulated by section 12 of the Enforcement act of the Norwegian General civil penal code. 5.6 Surcharging The merchant may charge the Cardholder a surcharge for the use of the Card. 5.7 Use of the Card abroad When the Card is used outside Norway, payment is normally charged in the currency of the respective country and converted into NOK. Normally, there will be a time interval between the settlement dates. The conversion rate will be the rate fixed by the card company (MasterCard or Visa) on the settlement date plus an addition (see price list on Currency fluctuations may result in a gain or loss as compared with direct calculation from the original currency to NOK. Any such gain or loss will fall to the Cardholder. In some cases the merchant may offer the Cardholder payment in NOK. If the Cardholder wants to be debited in NOK, the currency calculation takes place at the time of purchase, and the customer is charged the amount on the debit/purchase note. In case of debiting in NOK, the merchant determines the exchange rate, and Nordea is not responsible for any currency calculation in this connection. 6. Payment of utilised credit The Cardholder owes Nordea the utilised credit line at any given time with the addition of incurred interest and costs. The Cardholder will pay the entire outstanding amount on the due date given on the invoice. 7. Purchase of travels, etc. via the Travel Account First Card may also be used to pay for purchases of all types of travels from a travel supplier. Travels booked via a travel agency will be charged to the Travel Account in accordance with the terms and conditions of this Agreement. The Company decides which employees will be entitled to use and make charges to the Travel Account. Nordea is not liable for any misuse of the Travel Account, and the 1

3 Accountholder must indemnify Nordea for any misuse of the Travel Account. The Travel account cannot be used for part payment in connection with any hire purchases or for payment of any other debt outstanding with the travel agency. 8. Liability 8.1 Nordea s liability Nordea is liable for loss in accordance with the general principles of damages. Nordea, however, is only liable for direct consequential loss. Nordea is not liable for any loss or damage caused by circumstances beyond its control, including new legislation, decisions by public authorities, war, strike, lockout, boycott, blockade, power failure, failures or break-down of electronic data processing systems, communication networks or any other similar circumstance. The above reservation also applies in respect of strikes, lockouts, boycotts, blocades, etc to which Nordea is a party. 8.2 Cardholder s liability The Cardholder s liability is limited to NOK for loss caused by a third party s unauthorised use of the Card when the Card s PIN-code has been used or other similar security procedure has been followed. The Cardholder must cover up to NOK of any loss caused by a third party's unauthorised use of the Card if: a) The Cardholder or a person entrusted with the Card, has made the unauthorised use possible due to gross negligence, or b) The unauthorised use has been made possible because the Cardholder or a person entrusted with the Card has failed to notify Nordea or Nordea s designated representative as soon as possible after having been informed that the Card has been lost or within reasonable time after this should have been discovered. If the unauthorised use of the Card has taken place in Norway, the liability will not exceed the limitations applicable to the area in which the Card was used. The limitations do not apply if the Cardholder or a person entrusted with the Card has wilfully enabled the unauthorised use of the Card. The limitations do not apply to any loss arising from the failure of the Cardholder or a person entrusted with the Card to inform Nordea immediately after the unauthorised use of the Card was discovered. The Cardholder is not liable for any unauthorised use of the Card after First Card has been notified that the card is missing or that the code or any other security procedure might have come to the knowledge of an unauthorised person. The Cardholder is nevertheless liable if he has wilfully enabled use of the Card. Irrespective of the above liability clauses the Cardholder is under any circumstance liable for any loss caused by the Cardholder exercising or contributing to fraudulent behaviour towards Nordea. 9. Transaction control - Complaints The Cardholder must control the received transaction overview monthly. In case of transactions which the Cardholder has not initiated or consented to, First Card must be notified without undue delay after the situation became or should have become known, and not later than 13 months after the time of debiting. If the Card has been used to pay for goods and services, any complaints related to the goods and services must be addressed to the merchant. The Cardholder is entitled to address corresponding complaints to First Card in accordance with Section 54b of the Norwegian Financial Agreements Act. Such complaint presupposes that the Cardholder has directed the complaint to the seller (merchant), and that the complaint to First Card is made in writing within due time after the deficiency was or should have been discovered. First Card will request that the complaint is made within 60 days after the deficiency was or should have been discovered. First Card will under no circumstance be liable towards the Cardholder to any greater extent than what the seller (merchant) will be according to general rules. First Card s liability is moreover limited to the amount invoiced to and paid by the Cardholder for the purchase which the complaint concerns. No compensation can be claimed for loss exceeding the paid amount. To the extent the Cardholder is to blame in connection with the use of the Card, this may involve a reduction of First Card s liability in accordance with the general principles of damages. This applies even if the Cardholder s situation does not limit the seller s (merchant s) liability. 10. Termination of Agreement. Withdrawal 10.1 Termination The Cardholder may terminate the Agreement in writing unless otherwise agreed. Nordea may terminate the Agreement on minimum 2 months notice subject to fair reason unless a longer period of notification has been agreed. The reason for the termination has to be given. In the event of termination, it is the Cardholder s responsibility to immediately shred the Card Withdrawal of the Card If the terms of the Agreement are not complied with, the Cardholder s Card may be withdrawn or blocked Cancellation of the Agreement Nordea may cancel the Agreement with immediate effect in the event of material breach by the Cardholder. The reason for the cancellation must be given. The Card will then be invalid as a means of payment. Further use of the Card or card number will involve criminal liability. The Cardholder must immediately return the shredded Card to First Card The implications of termination, cancellation and withdrawal In the event of termination or cancellation of the Agreement or withdrawal of the Card, the Cardholder agrees to immediately pay any unpaid balance, interest and costs. The claim against the Cardholder is maintained until the entire due amount has been paid. It is the Cardholder s responsibility to shred the Card. 11. Loss of Card If the Card is lost, regardless of reason, the Cardholder must notify First Card as soon as possible. This also applies if the Cardholder suspects that unauthorised persons have obtained the PIN-code and/or the card number. New cards are issued at the prevailing terms and conditions at any time. 12. Period of validity/renewal The Card is valid until the end of the month of expiry imprinted on the individual card. Subject to fair reason First Card may refuse to renew the credit and to issue a new card. When the Cardholder receives a new Card in connection with renewal, the Cardholder must familiarise himself with all prevailing or possible new terms and conditions for use of the Card (see If the Card is kept or taken into use, the prevailing terms and conditions are accepted. 13. Blocking of the Card for security reasons, etc. Regardless of whether First Card has been notified by the Cardholder in accordance with clause 11, Nordea may block the Card for security reasons or on suspicion of unauthorised or fraudulent use. This also applies if the risk that the Cardholder cannot meet his/her obligations has significantly increased. Nordea must notify the Cardholder of the blocking and the reason for it. Such notice must be given before the Card is blocked, or if this is impossible, immediately after the Card has been blocked. If such notice will violate justified security considerations or conflict with acts and regulations, First Card may refrain from giving such notice. 14. Changes to the Agreement Nordea reserves the right to change the interest rate, fees and other costs, cf. Section 49, second paragraph of the Norwegian Financial Agreements Act. Nordea has a sole right based on fair reason, to increase the interest rate if Norges Bank (The Bank of Norway) has taken steps that may effect the money market rate, change the bond rate, made other credit policy decisions or changed the overall interest level for Nordea s funding or similar specific conditions on the part of Nordea, including change on grounds of fact by the authorities as part of their follow-up on banks'/business enterprises' interest policy. Nordea has a sole right to increase fees and costs on the same conditions. Nordea may also increase fees and costs when the change is based on fair reason due to changes in Nordea s costs or a new price structure. Such changes cannot be made effective until 1 week after Nordea has notified the Cardholder in writing. The above period may, however, be reduced if the change is a result of a material change in money market rates, bond rates or the overall interest level on Nordea s funding. The scope of the changes mentioned must be fairly related to the circumstances which caused the change. When implementing the change, the bank is entitled to give a reasonable and fair differential treatment of its customers. The notice to the Cardholder must state the scope and the implementation date for the change and inform about the Cardholder s right of early repayment. The notice must contain information about new effective and nominal interest rates, fees and other costs to be charged to the Cardholder, and account for the effect of the change on the credit. Other changes will require the Cardholder s acceptance. 15. Notices Loss of Card should be reported to First Card on tel The Cardholder must immediately notify First Card of change of address or other changes of significance to the Agreement. Such notification should be made to First Card at the following address: Nordea Bank Norge ASA, Commercial Cards Services, Postboks 1166 sentrum, 0107 Oslo. First Card may send notices by ordinary mail or electronically should the Cardholder want this. 2

4 16. Processing of personal data In connection with the issuance and use of the Card Nordea will obtain and register information about the Cardholder. Such personal data are obtained directly from the Cardholder and from Nordea's own customer register. Nordea may also obtain personal data from others than the registered person (for example CreditInform or the National Population Registry), cf. Section 20 of the Norwegian Personal Data Act (straffelovens ikrafttredelseslov). The information will be used to manage the customer relationship, meet the Nordea s obligations in connection with the service, meet regulatory requirements and as a basis for following up the customer relationship in the best possible way. Personal data may only be transferred to others when this is necessary to maintain the Cardholder s or Nordea s rights and obligations in connection with the customer relationship, or to carry out the services. Nordea is licensed by the Norwegian Data Inspectorate to market products based on the information within the same product category as the one from which the information originates. The Cardholder may at any time request access to the information registered according to this agreement, and demand rectification of errors. This type of requests should be directed to Nordea which according to clause 15 of the Agreement is responsible for the processing. 17. Prices, fees and interest The Cardholder accepts that the Card will be charged an annual fee and any transaction costs as well as interest on the outstanding balance at any given time. The prices are given in the standard price list available on First Card s homepage ( and in the Standard European consumer credit information applicable to First Card credit cards. In the event of a breach of agreement resulting in debt collection, the Cardholder will be charged fees in accordance with the prevailing rules at any given time. The Cardholder will be charged fees and interest on overdue payments in accordance with the Norwegian act on interest on overdue payment, etc. if the invoice is not paid on the due date and if the credit line of the Card is exceeded. 18. Settlement of disputes, governing law and jurisdiction The Agreement is governed by Norwegian law. The Cardholder may obtain a statement from The Norwegian Banking Complaints Board (the Bankklagenemda ) in case of disputes between the parties, if the matter falls within the competence of the Bankkklagenemda and it is in the fair interest of the Cardholder to receive such a statement. Nordea may obtain a statement from the Norwegian Banking Complaints Board ( Bankklagenemnda ) in case of disputes with Cardholders who are consumers, if the Cardholder disputes liability for transactions made by means of the Card and Nordea chooses not to repay the amount in accordance with Section 37 (1) of the Norwegian Financial Agreements Act (2). For Cardholders who are consumers, the legal provisions about venue apply. The Cardholder cannot choose another venue than the statutory one unless legislation so permits. Cardholders who are not consumers, accept Oslo tingrett (district court) as exclusive venue. Nordea reserves the right to bring proceedings against the Customer in any court of competent jurisdiction it may deem appropriate. 3

5 Standard European consumer credit information (SECCI) applicable to First Card credit cards Part 2 of the Credit card agreement: 1. Identity and contact details for creditor/credit intermediary Creditor Nordea Bank Norge ASA Address P.O.Box 1166 Sentrum N-0107 Oslo Norway If applicable First Card Credit intermediary 2. Key features of the credit product The type of credit The total amount of credit This means the credit limit or the amount of credit to be provided under the credit agreement. Conditions for use of the credit This means how and when the credit may be used The duration of the credit agreement Repayments and the order in which the payments will be allocated The total amount to be paid This means the amount borrowed plus interest and any costs 3. Costs of the credit The borrowing rate(s) which apply to the credit agreement Annual Percentage Rate of Charge (APR) This is the total cost expressed as an annual percentage of the total amount of credit. The APR is there to help you compare different offers. In order to be granted the credit or be granted the credit on the terms and conditions marketed, is it required to -take out an insurance covering the credit or - enter into another agreement for additional services If the costs of such services are not known to the creditor, they are not to be included in the APR. Any additional charge for making payments by a specific means Any other costs deriving from the credit agreement Conditions under which the above charges can be changed Account credit If approved, the amount of credit is unlimited. The credit limit will depend on the credit assessment and will be minimum NOK 50,000 per invoice period. The credit agreement must have been entered into and its terms and conditions must have been met No fixed duration The total amount of credit drawn according to invoice must be paid when due The total amount payable will depend on the credit drawn and the loan period. No No Cost of payment/purchase - NOK 0.-. Cash withdrawal from ATM/branches in Norway and abroad, purchase of foreign currency and use at Posten (the Norwegian Postal Services) costs 1.5 % of the withdrawal, minimum NOK For cash withdrawals and cross-border payments 1.75 % is added. Annual fee as agreed with the company. The creditor has a sole right to increase the interest rate, fees and costs if Norges Bank (The Bank of Norway) takes steps that affect the money market rate or the bond yield, or makes other credit policy decisions or changes the overall interest level of the creditor's funding. Such change can also be made out of consideration for the creditor's long-term earning capacity, restructuring of the creditor's funding, etc. or corresponding special circumstances on the part of the

6 Costs in the case of late payments Missing payments may have serious consequences (for example forced sale) and make it more difficult to obtain credit. creditor or in connection with the follow-up of the authorities' view on the creditor's interest policy. The right to increase the interest rate can also be exercised when the adjustment, based on fair reason, is due to specific circumstances relating to the credit, for example when the value of the security is reduced or when other changes on the part of the borrower result in a higher credit risk. The applicable interest on late payment at any given time. (See the pricelist on for the valid interest rate) Reminder fee and the cost of any external debt collection will be added according to the current collection regulations. 4. Other important legal aspects Right of withdrawal The right to withdraw from the credit agreement within a period of 14 calendar days Early repayment Consultation with a credit reference agency The creditor must inform the debtor immediately and without charge if it rejects the credit application on the basis of a consultation of a credit reference agency. This does not apply if the conveyance of such information conflicts with EU law or with the objectives of public order or security. Right to a draft credit agreement The right, upon request, to obtain a copy of the draft credit agreement. This does not apply if the creditor is unwilling at the time of the request to proceed to the conclusion of the credit agreement. The period of time during which the creditor is bound by the pre-contractual information Yes The credit can be repaid early at any time in full or partially. This information is valid for 14 days from the date of the application.