Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients

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1 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients

2 Content 3 1 General information 3 2 Payment card types Issue of card and its protection 4 4 Card expiration date 4 5 Card use, authorization 4 6 Rejection of card payment 5 7 Card loss, theft, misuse 5 8 Card blocking Liability of the account owner for unauthorized use of payment card 6 10 Fees Settlement, statements and disputes Card cancellation, withdrawal and termination of a contract 8 13 Third person authorization, personal data protection 8 14 Amendments to the terms and conditions 8 15 Settlement of disputes 8 16 Entry into effect

3 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients 3 1 GENERAL INFORMATION 1.1 COMMERZBANK Aktiengesellschaft, Prague Branch, with its registered office at Jugoslávská 1, Prague 2, postcode: , entered into the Commercial Register maintained by the Municipal Court in Prague, Section A, Entry 7341, ID no.: is an organisational unit of COMMERZBANK Aktiengesellschaft, with its registered office at Kaiserplatz 16, 6031 Frankfurt am Main, Federal Republic of Germany, entered into the Commercial Register maintained by the District Court in Frankfurt am Main, under Entry HR B These Terms and Conditions for the Issue and Use of Cards MasterCard of COMMERZBANK Aktiengesellschaft, Prague Branch (hereinafter as the Terms and Conditions ) shall become binding for both the contracting parties upon the signing of the Contract on the Issue and Use of Payment Card (hereinafter as the Contract ) and they shall form an integrated part of the Contract. Should any data stated in the Contract be changed (e.g. change of address, name), the holder of the MasterCard (hereinafter as the Card ) shall immediately notify COMMERZBANK Aktiengesellschaft, Prague Branch (hereinafter as the Bank ) of such a change. 1.3 In addition to that, the Bank s Tariff of Fees (hereinafter as the Tariff of Fees ), General Business Terms and Conditions of COMMERZBANK Aktiengesellschaft, Prague Branch, and General Terms and Conditions for Payment Services for Corporate Clients, as amended, shall apply. These Terms and Conditions are available at the premises of the Bank and on or they can be sent to our clients on request. 1.4 This Contract shall be governed by the Czech laws. Any translation of these Terms and Conditions is intended solely for the Client s needs. The Czech text of the Terms and Conditions herein shall be binding in all respects. In the event of any conflict between the Czech and German text, its structure, meaning or interpretation, the Czech text, structure, meaning or interpretation shall prevail. 2 PAYMENT CARD TYPES 2.1 The Bank issues personal (Gold Card) and business (Business Silver Card, Business Gold Card) payment cards. 2.2 A business payment card is issued under a current account of a corporate entity or an individual an undertaker, who is not a small business within the meaning of the Payment Systems Act, for their employees. 3 ISSUE OF CARD AND ITS PROTECTION 3.1 The Account Owner shall apply for the issue of a Card in the branch of the Bank that maintains his/her current account. 3.2 The Account Owner may apply for the issue of Cards for other persons. In such a case the Account Owner is fully responsible for adherence to these Terms and Conditions on the part of Cardholders. 3.3 There is no legal claim for the issue of a Card. The Bank reserves the right to reject the Account Owner s application for the issue of a Card without giving any reason. If an application is rejected the applicant shall be notified in writing. 3.4 Contract on the issue of a Card under a particular account is entered into by the Bank and the Account Owner for an indefinite time period. The validity period of the Card is agreed upon the signing of the Contract. Prior to the expiry of the validity period of the original Card, the holder is automatically issued a new Card, unless the owner/holder refuses in writing to have a new Card issued at least 6 weeks prior to the expiry of the original Card, or unless the Contract is withdrawn from by one of the contracting parties. 3.5 The Contract specifies the limit of transactions that can be made with each Card. 3.6 Upon the conclusion (signing) of the Contract the Account Owner agrees that after the Cardholder accepts the Card all payments and transactions made with the Cardholder s Card are debited to the Account Owner s current account. 3.7 The applicant is invited in writing or by telephone and shall be obliged to collect the Card and the PIN (Personal Identification Number) as soon as possible in the Bank. The Card may also be collected by a third person under a Power of Attorney. Upon the acceptance of the PIN and the Card from the Bank the holder or attorney shall check the integrity of the envelope containing the PIN and the accuracy of the

4 4 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients data stated on the Card. Should the envelope containing the PIN be damaged or the data on the Card be inaccurate the applicant shall be issued a new Card free of charge. debit balance. In the event of an overdraft or if exceeding the permitted debit balance the Account Owner shall pay the outstanding amount without unnecessary delay. 3.8 The PIN shall only be disclosed to the Cardholder and it shall be kept separate from the Card at all times. It may not be indicated on the Card, kept accessible to third persons or communicated to third persons including family members. The Bank shall not be liable for any damage resulting from the disclosure or improper safekeeping of the PIN, or from other misuse of the Card by third persons. 3.9 If the Card includes a signature field the Cardholder shall write his/her signature in this field immediately after obtaining the Card The Cardholder shall keep his/her Card separate from his/her identity documents and in a safe place, and prevent it from being used by unauthorized persons. The Cardholder shall protect the Card from mechanical damage and keep it away from strong magnetic fields Before accepting the Card, the Cardholder shall read these Terms and Conditions and undertake to comply therewith. 4 CARD EXPIRATION DATE 5.2 The Card may be used in the Czech Republic and abroad for the payment of goods and services and for cash withdrawal from ATMs (Automated Teller Machines) or at bank and exchange office counters marked with the MasterCard symbol. 5.3 The Card may not be used for cash withdrawals from ATMs and automatic cash dispensers that require entering the Card s PIN in case an incorrect PIN has been entered three times in a row. In such a situation the Cardholder should immediately contact the Bank, preferably the branch that maintains his/her account. 5.4 By using his/her Card to make a transaction the Cardholder approves (authorizes) the payment to be made with his/her Card. If a PIN or Cardholder s signature is required the approval will only by granted upon entering the PIN or signature. The PIN is entered using a keyboard of an ATM (according to instructions for use) or in a shop. If a seller of goods or services does not dispose of a device for the identification of PIN numbers, the Cardholder shall prove his/her identity by signing the receipt that has to be issued for each purchase (the signature has must be identical with the signature on the Card). 4.1 The Card is the property of the Bank and it is not transferable to any other person. Upon the Bank s request the Cardholder shall return the Card to the Bank. 4.2 Cards shall be valid until the last day of the month/year indicated on the Card. After its expiration date the Card may not be used and shall be returned to the Bank immediately. The Account Owner shall be responsible for the return of all the Cards issued under his/her account. The Bank shall not be liable for any damage caused by the misuse of an invalid Card. 5 CARD USE, AUTHORIZATION 5.1 The Cardholder is authorized to make transactions with his/her Card within a specified limit that will be determined by the Cardholder upon agreement and that, however, may not exceed the amount of the account balance or a permitted 5.5. After a payment has been approved (authorized) it may not be cancelled by the Cardholder. 6 REJECTION OF CARD PAYMENT 6.1 The Bank shall be entitled to reject a card payment in the following events the Cardholder has failed to provide his/her PIN the applicable disposal arrangement for card payment or financial limit has not been complied with the Card has been blocked. 6.2 The Cardholder will be informed of the rejection at the terminal where he/she used the Card.

5 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients 5 7 CARD LOSS, THEFT, MISUSE 7.1 Should a Card be lost, stolen or misused the Cardholder or the Account Owner shall contact the Bank immediately by phone using a phone number he/she has been provided together with the Card, or in writing. A Card loss or theft may also be reported to any bank that is a member of the MasterCard association, or to GPE on (24-hour service) (hereinafter as the reporting centre ). Owner may request the blocking of all of his/her payment Cards that have been issued under his/her account, the Cardholder may only request the blocking of a Card which he/she is entitled to dispose of. The Bank shall not be liable for any damage incurred to the Account Owner or Cardholder due to permanent or temporary blocking of the Card. Temporary Card blocking may be cancelled by the person who has applied for the temporary blocking, and by the Account Owner. 7.2 Each report on the loss, theft or misuse of a Card is immediately registered by the Bank for security purposes and the Card is blocked, or if required by the Cardholder or Account Owner listed on a stoplist (list of hot cards). In such a case the Bank may debit the Account Owner s account with fees according to the Tariff of Fees. The Bank shall not be liable for incorrect or false reports on the loss, theft or misuse of payment cards The Bank shall have the right to block a Card temporarily or permanently for the following reasons: security reasons, especially if unauthorized or fraudulent use is suspected (if, for example, the Bank is notified of a potential payment risk by a card association, another bank or another reliable source). significant increase in the risk that the remitter will not be able to repay the credit that can be drawn on a Card 7.3 If the Cardholder cannot make the report in person, it may be made by another person (a family member, colleague etc.), accordingly to previous provisions. 7.4 If the person who announces the loss, theft or misuse of a Card does not know the Card number, other data on the basis of which the Card can be identified need to be provided (name of Cardholder, birth number/date of birth, account number, name of the Card issuer, Card type). In addition to that, all known circumstances of the loss, theft or misuse of the Card need to be disclosed, namely the fact whether any third person gained or could gain access to its PIN. 7.5 The Bank shall provide the Cardholder with a document attesting to the fact that he/she has reported the Card loss or misuse in the form of a reference number, if requested to do so when the Card loss, theft or misuse was telephonically reported. This evidence may be requested by the Cardholder no later that 18 months following the reporting date. 7.6 If the Card is returned back to the Account Owner of Cardholder after it is reported to be lost or stolen, he/she shall refrain from further use of the Card and return it to the Bank. 8 CARD BLOCKING 8.1. The Cardholder or Account Owner may request a temporary or permanent blocking of a Card. The Account 8.3 The Bank shall notify the Cardholder of the Card blocking without any unnecessary delay on a phone number provided by the Account Owner upon signing the contract on bank accounts. This does not apply in the case when such notification may frustrate the purpose of Card blocking or be at variance with other legal regulations. 8.4 As soon as there is no reason to block the Card, the Bank shall immediately cancel this measure or replace the blocked Card with a new Card with a different number and PIN. 8.5 The Bank shall not be liable for any damage that could be incurred by the Account Owner or Cardholder as a result of a permanent of temporary payment Card blocking. 9 LIABILITY OF THE ACCOUNT OWNER FOR UNAUTHORIZED USE OF PAYMENT CARD a) Liability of the Account Owner for unauthorized use prior to the reporting of a theft, loss or misuse of a payment Card 9.1 Should the Cardholder lose the Card or PIN, or should these be stolen or misused and unauthorized payments made using the Card before its theft, loss or misuse is reported, the Account Owner shall be liable for the damage incurred prior to reporting the theft, loss or misuse in full, regardless of his/her degree of culpability in the Card loss or theft.

6 6 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients 9.2 Should any unauthorized payments be made prior to the reporting of the payment Card misuse provided the Card or PIN has not been stolen or lost, the Account Owner shall be liable for such damage in full, provided the Cardholder failed to fulfil his/her obligation to ensure due protection of the Card or PIN. 9.3 Should any unauthorized payments occur prior to the reporting of the theft, loss or misuse of a payment card, and if the Cardholder acted fraudulently, or deliberately or by gross negligence violated his/her obligations arising from the present Terms and Conditions the Account Owner shall also be responsible for the damages incurred in the full amount. Gross negligence on the part of the Cardholder is concerned namely in the following cases or a branch of any other bank refuses to accept the Card to cover for the purchase. d) Supplementary provisions on the liability for damage 9.7 In the case of liability for damage that is not regulated by the above-mentioned provisions, the provisions of the Bank s General Terms and Conditions of Payment Services shall apply. 10 FEES 10.1 Fees for the services relating to the issue and use of the Card and for transactions made with the Card are set out in the Tariff of Fees. the Cardholder deliberately failed to immediately notify the Bank or the reporting centre of the loss, theft or misuse of a payment Card, the Cardholder indicated the PIN on the Card or kept it together with the payment Card (e.g. the original of the letter containing the PIN number) the Cardholder disclosed the PIN to another person which resulted in Card misuse The fees and any changes thereto shall continue to be governed by the regulation set forth under Section 12 (2 to 6) of the General Terms and Conditions of the Bank The Bank shall be authorized to debit the fees to the account specified in the Contract. The fee for the issue of a Card is charged at the moment the Card is produced regardless of whether the applicant accepts the Card, or not. b) Liability of the Account Owner for unauthorized use after the reporting of a theft, loss or misuse of a payment card 9.4 As soon as the Bank or the reporting centre is notified of a theft or misuse of the payment card or the PIN or other unauthorized use the Account Owner shall not be liable for any damage incurred following the reporting of the theft, loss or misuse of the payment card or PIN. 9.5 Should the Cardholder engage in fraudulent conduct, he/she shall be liable for the full amount of any damage incurred following the reporting of the theft, loss or misuse or any other unauthorized use of the payment card or PIN. c) Exclusion of the Bank s liability 9.6 The Bank shall not be liable for the failure to provide services and for damage incurred to the Cardholders directly or indirectly due to circumstances beyond the control of the Bank or its partners. The Bank shall not be liable for failures caused namely by mains power failures, breakdowns of machinery, data processing system equipment or communication lines, industrial actions etc. The Bank shall not be held liable in cases when a seller of goods or services 11 SETTLEMENT, STATEMENTS AND DISPUTES 11.1 There is a time delay between the settlement of payment transactions made with the Card and the date on which a particular transaction is made as set forth in regulations of credit card associations. All payment transactions are settled by the Bank (amounts debited to the Account Owner s account) no later than on the following business day after it accepts the payment order in the form of a settlement report of the execution of transactions from the processor of the payment transactions. Should a payment order be made outside the Bank s business hours the payment order shall be deemed to be accepted at the following start of business hours Payment transactions are settled on business days. Foreign transactions made using the Card (in foreign currency) are settled in CZK after being received by the system of the Bank according to the Bank s exchange rate on a particular accounting date The Bank shall provide Cardholders with monthly statements of transactions made with the Card. The

7 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients 7 statements shall specify the exchange rate and the amount after the exchange under transactions that involve foreign currency exchange Transactions listed in the statement may be disputed by the Cardholder with the Bank. The Account Owner or Cardholder shall refer the disputed data to the consultant together with all documents available (receipt, document on cash payment etc.). The Bank may invite the Account Owner or Cardholder to submit further documentation relating to the disputed transaction. The Account Owner and the Cardholder are obliged to provide the Bank with necessary cooperation during the dispute proceedings In the case of a transaction dispute involving a suspicion of a Card misuse (e.g. forged Card, internet, ATM) the Cardholder shall return the Card relating to the disputed transaction back to the Bank. Should the Cardholder fail to do so, this fact shall be taken into consideration in the dispute proceedings. This shall not apply in cases when a Card loss or theft is properly reported If the Bank finds the transaction dispute justified, the amount of the disputed transaction is credited to the account of the Account Owner The provisions of Section 103 of the Payment Systems Act concerning the refund of the amount of an authorized payment transaction shall not apply. when it is submitted to the Bank. If the Account Owner decides to withdraw from the Contract concerning a bank account, the Account Owner shall, together with the notice of withdrawal, return to the Bank all Cards issued under the account concerned. Should the Account Owner fail to do so, the Bank shall list the Card/s on the stoplist on the day it receives the notice of withdrawal, and at the expense of the Account Owner. The account contract withdrawal period is 2 months and it commences on the day following the day on which the notice of withdrawal is received and the Card is/cards are returned to the Bank or listed on the stoplist. In this case, the Bank is entitled to request the client to provide a security amounting to a weekly limit agreed for a particular payment Card If, for a good cause, the Account Owner cannot ensure that the Card is returned as set forth in the previous provisions, the Account Owner may request the Bank to block the Card concerned at his/her expense or to include it in the stoplist. In such a case the withdrawal from the Contract becomes effective on the day the Card is blocked or on the day it is included in the stoplist The Bank may withdraw from the Contract at any time upon a two-month notice. If there is a good cause which makes the continuation of the contractual relationship unacceptable to the Bank, the Bank may withdraw from the Contract with an immediate effect. Good cause includes the following circumstances: 11.8 The rights of the Account Owners and the Cardholders against the Bank in relation to its liability for incorrectly processed payment transaction shall expiry if the Account Owner or Cardholder fails to report an unauthorized or incorrectly executed transaction made with their Card no later than 13 months from the date on which the funds are debited to the Account Owner s account In the case of an unjustified dispute the Bank charges to the Account Owner a fee as set forth in the Tariff of Fees. 12 CARD CANCELLATION, WITHDRAWAL AND TERMINATION OF A CONTRACT 12.1 The Account Owner may at any time withdraw from the Contract. The notice of withdrawal shall always be rendered in writing and it becomes effective on the day the client provides the Bank with incorrect information; a significant deterioration arises in the Account Owner s financial circumstances. The withdrawal shall become effective on the day of its delivery to the other party. During the notice period the Cardholder, or the Account Owner, shall return the Card to the Bank. Should a withdrawal from the Contract be made with immediate effect, the Cardholder, or the Account Owner shall return the Card within 2 business days following the receipt of the withdrawal notice by the other party. Regardless of whether it has been returned or not the Card will immediately be blocked by the Bank and included in the stoplist. In such a case the costs of its blocking and inclusion in the stoplist are borne by the Account Owner After the termination of the Contract the Account Owner shall settle all of its obligations arising from the use

8 8 Terms and Conditions for the Issue and Use of Payment Cards MasterCard COMMERZBANK Aktiengesellschaft, Prague Branch for Corporate Clients of a particular Card. The Account Owner shall be liable for all transactions made with the Card prior to its return, blocking and inclusion in the stoplist. 13 THIRD PERSON AUTHORIZATION, PERSONAL DATA PROTECTION 13.1 For the purposes of the Contract the Bank shall be entitled to authorize a third person to execute its rights and duties arising from the Contract. The Bank as a personal data administrator shall be entitled to enter into a contract with the processor as stipulated in the provisions of Section 6, Act 101/2000 Coll., on personal data protection, as amended, and to provide personal data to third parties that function as processors or services rendered as an integral or optional feature of the Card, in compliance with the provisions of Act. 21/1992 Coll. on banks, as amended, and Act 101/200 Coll., on personal data protection, as amended. 15 SETTLEMENT OF DISPUTES 15.1 If the Account/Cardholder disputes an incorrect transaction in compliance with these Terms and Conditions, or unsuccessfully claimed another remedy from the Bank, the Account/Cardholder shall be entitled to address a financial arbitrator, who settles disputes between issuers and holders during the issue and use of electronic payment instruments as per Act 229/2002 Coll., on a financial arbitrator, or to make a complaint to a supervisory body, which with regard to these issues is the Czech National Bank. This shall be without prejudice to the right to refer any matter to the respective court. 16 ENTRY INTO EFFECT 16.1 These Terms and Conditions enter into effect on 31 October 2009 October and supersede the Terms and Conditions of 1 April AMENDMENTS TO THE TERMS AND CONDI- TIONS 14.1 The Bank reserves the right to amend these Terms and Conditions. Any amendments to the Terms and Conditions shall be proposed to the Account Owner in writing no later than two months prior to their effective date. If the Account Owner and the Bank agree to use electronic communication for the purposes of their business relationship (e.g. online banking), amendments may also be proposed this way. The Account Owner shall be deemed to have accepted the proposed amendments if the Account Owner does not refuse the same prior to the proposed effective date. The Bank shall explicitly advise the Account Owner of the acceptance effect in its proposal If an amendment to the Terms and Conditions is proposed to the Account Owner, the Account Owner may, with immediate effect and free of charge, terminate this business relationship prior to the proposed effective date of the change. The Bank shall explicitly advise the Account Owner of this right to terminate the Contract in its proposal.

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