General Conditions of Service for American Express Business Credit Card

Transcription

1 General Conditions of Service for American Express Business Credit Card This document describes conditions (hereinafter Conditions) of using the bank credit made available on the basic and card accounts. The Client will be able to use the bank credit after filling in and signing the card application (hereinafter application), however the filling in and signing of the application does not imply unconditional provision of such service on the part of the Bank. In case if the Bank finds advisable to make the Client use the Bank credit by way of granting to the basic and card accounts the basic account s limit and the credit (spending) limit, the Client is obliged to repay the credit and the interest accrued to the credit, as well as the commission fee, fine or any other payables envisaged by the conditions in accordance with the conditions. 1. Definitions 1.1. Card American Express Business basic card and/or Visa Classic or MasterCard Standart additional card Card Account an account to which the Bank grants credit (spending) limit Basic Account the Client s bank account, with the available amount distributed between the card accounts and can be used only by the means of the card (save the exceptions defined by the conditions), within the limits of respective credit (spending) limit Credit (spending) limit amount of credit, within the limits of which the client is allowed to spend amount from the card account Basic Account the credit limit on the client s basic account, which is distributed to the credit (spending) limits Minimum Payment monthly minimum payment, which includes: 10 % of the credit utilized by the end of the reference period, the interest accrued within the reference period, and/or 100 % of the commission fee, and/or 100 % of fine, and/or 100 % of the overspent amount The date of calculating minimum payment specific day of each month, on which the minimum payment is calculated Date of making minimum payment 15 (fifteen) calendar days following the date of calculation (no later than 23:30 of the said fifth calendar day). In case if the said 15 (fifteen) th day falls on a day-off, the minimum payment has to be made by the end of the following business day. The minimum payment may be made since the day of its formation but necessarily before the date of payment The date of late payment the day following the date of payment Outstanding debt the Client s indebtedness to the Bank not repaid in the term stipulated by the conditions Cancellation of the card termination of effectiveness of the card due to the failure to repay the debt, which is followed by the Bank s request to immediately pay off the used credit and all payables accrued to it The card cancellation date a calendar day following the penalty period Penalty period the period, during which the credit indebtedness falls within delay, the interest and fine are accrued on a daily basis, but the limit on the card is still available for 10 (ten) calendar days. In case if the last day of the penalty period is a day-off, the following business day will de considered as the date of expiry of the penalty period The credit overspending spending of the amount over the credit (spending) limit Card statement the document, indicating monthly payable minimum payment, its payment date and information about the conducted transaction Grace period the period, during which the interest accrued to the used credit (spending) limit is not payable, which makes up maximum 46 (forty six) days. If the full indebtedness formed in the statement will be repaid in full from the date of calculation to the date of payment, during the grace period, the used credit will not be accrued interest. The grace period is effective in case if the Client has no overdue indebtedness. In case if the payment date is a day-off in order to enjoy the grace period the used credit must be repaid before the end of the business day following the payment date, no later than on 23: Card Holder the Client s employee agreed with the Bank, who disposes of the credit (spending) limit or its part Day-off Saturday, Sunday and holidays, defined by the legislation of Georgia. 2. Basic terms and conditions of the Credit Card 2.1. Effectiveness of credit (spending) limit: 2 (two) years; 2.2. Effectiveness of the Card: 2 (two) years; 2.3. The Card annual commission fee: American Express Business Basic Card GEL 100 (hundred); Visa Business or MasterCard Business Additional Card free of charge; American Express Gold Business Basic Card GEL 200 (two hundred); Visa Business or MasterCard Business Additional Card - free of charge Conversion fee 2%; 2.5. Annual base interest rate: for the amounts spent at the merchants: 19% for the cashed out amounts and other transactions of the credit utilization: 29%; for the overspent credit: in accordance with the type of transaction the annual interest rate specified in paragraphs and plus annual 10%; commission fee chargeable to the credit amount not utilized 0%; within the limits of the credit line: commission fee for the amount(s) utilized within the limits of the 0%; credit line and/or for the refinancing of the interest rate accrued to them from other institutions Date of calculation: the date stated in the application. In case if the date of calculation is congruent with such day of the month which is lacking in that specific month then the date of calculation will be postponed for the last business day of the same month; 2.7. Date of payment:d 15 (fifteen) days following the date of calculation. In case if the date of payment is a day-off, the Client is obliged to make minimum payment before the end of the following business day, no later than 23:30; 2.8. Card servicing tariffs: the tariffs defined by article 9 of the conditions; 2.9. Fine: for the failure to make minimum payment by the date of payment: 0.5% of outstanding amount per each outstanding day; 1

2 2.10. Type of card account: single currency account; Transactions allowed on the account: cash-out transaction, payment at merchants, transfer of the amount and placing of the amount in the account. 3. General Conditions 3.1. The Bank will issue a card on the basis and in accordance with the application filled in by the Client and hand over for the use to the Client in a sealed envelope together with PIN codes. The card is a property of the bank The card holders The Client may request for its employees from the Bank the handing over of the card, PIN and other access codes as necessary. In case if the Bank agrees to issue the card the Client is obliged to familiarize a card holder with the said conditions. At the same time the Client is obliged to pay the cost of the transactions performed by the use of the card and the access codes and other related expenses. The cost of the transactions includes the amounts withdrawn from the account after the card s returning to the Bank. The Client authorizes the Bank to provide some information to the card holder(s). Such information includes the details of the account(s) as well as other information necessary for the use of the additional card(s) If the date of transaction falls on a day-off, the bank transaction will be carried out on the following banking day The Bank assumes obligations: to make a card(s) and hand over for use to the Client in accordance with information set forth in the card application; to hand over to the Client upon its request a statement of the account for the commission fee defined by the effective tariffs of the Bank; in case of the cancellation of the card or its withdrawal from circulation to return to the Client the balance on the card over the credit (spending) limit within 14 (fourteen) banking days since the handover of the card, in case if the card is not handed over, the Bank bears no responsibility for the termination of effectiveness of the card The Bank is authorized: to change the card, in case of necessity, for a new one within the term of the card s effectiveness, of which it sends the Client 14 (fourteen) banking days prior notification; to block other account(s) of the Client with the Bank and direct the amounts on them for the purpose of paying off (unauthorized) overdraft s (if any) after the preliminarily agreed term expires. to send a notification to the Client /Card Holder with a request about returning the Card to the Bank if something illegal has been observed in their action; to withdraw from the Client s account, in case of loss of the card, the amounts equivalent to the amounts of transactions performed by the Card in the period between the loss of the card and sending corresponding written notification to the Bank; in case of violation of the agreement by the Client and/or the Card Holder, or in case of the Client s insolvency to suspend or terminate the card s effectiveness and take necessary measures to cover the Client s indebtedness to the Bank; to suspend the Card s effectiveness in case of revealing illegal transactions, as well as upon the receipt of information from international payment systems confirming illegal use of the card; to cancell and/or close corresponding account in 90 (ninety) calendar days since the date of submission by the Client of the application for the card issuance in case of the Client s and/or card holder s failure to appear and/or in case of failure to conduct bank transactions on the corresponding account. to refuse at its own discretion the Client and/or Card Holder to issue and/or restore card(s); to write off without acceptance from the Client s any bank account, in accordance with the Bank s effective tariffs, the commission fees established for the Client s bank transactions and for the cards, the expenses borne in case of loss of the card(s), the cost of using unauthorized overdraft, as well as the taxes provided for by the legislation of Georgia. to write off without acceptance from the Client s any bank account the amounts equivalent to the amounts of transactions performed by all the cards issued to the Client as well as via the international payment systems submitted by the banks and organizations, together with the commission fees envisaged by the Bank s effective tariffs The Client assumes obligations: to take responsibility for the correctness of filling in the application and notify the Bank about the change of information contained in it within 3 (three) banking days. To avoid any doubt whatsoever the Bank will bear no responsibility if information stated in the application is inconsistent with the Client s and/or the Card Holder s identification data and for this purpose the Client and/or the Card Holder are unable to perform certain transactions; to keep all the documents related to the transactions carried out by the Card and submit to the Bank in case of occurrence of disputable issues; to immediately notify the Bank about the loss of the Card. Each verbal statement has to be confirmed with the appearance of the Client s representative at the Bank and supported by the written statement. Otherwise the Bank bears no responsibility for the possible financial damage suffered by the Client (the written statement shall be delivered to the Bank within one banking day since the verbal statement). In case of delay the Client shall bear responsibility for all transactions that the third parties may carry out by the card before the Bank receives a statement about the loss of the Card; in case of finding the lost Card to immediately return it to the Bank; in case of cancellation of the Card by the Bank or its withdrawal from circulation to return the Card no later than within 14 (fourteen) calendar days; in case of returning the goods purchased by the Card not to request the merchant to reimburse the cost in cash. The reimbursement will be made only by way of non-cash settlement on the corresponding account; to perform transactions by cards in accordance with the given conditions; to familiarize the Card Holders with the conditions; in case of the loss of the Card to be guided by the Conditions and to bear responsibility for the third parties transactions carried out by the cards before the Bank receives a notification about the loss of the Card; to pay the taxes defined by the legislation of Georgia;. to pay all the commission fees established in the Bank for carrying out the transactions as well as for servicing the account and the Card(s) in accordance with the Bank tariffs and if necessary to reimburse the expenses related to the loss of the Card(s) The Client is authorized: to carry out transactions by the Card within the spending limit; to file claims to the Bank within 7 (seven) calendar days since the receipt of the statement; to obtain from the Bank the statement for the last review period no later than on the fifth calendar day since the Date of Calculation; to appeal maximum 5 transactions, conducted without the use of the Card, by the postal communication service or via Internet network. The Bank will only review the appeals related to the transactions of the above-mentioned type only in case of reissuance of the lost card; to notify the Bank in writing about the expiry of the card and request its reissuance Responsibility of the Parties: The Bank is accountable: a) to the Client for the correctness and timeliness of carrying out the transactions on the Card Account/Basic Account in accordance with the effective legislation; b) for the confidentiality of information carried out on the Card Account/Basic Account, except the cases provided for by the legislation. The Bank is not accountable: a) for the delayed provision of service if such delay was caused by the reasons beyond the Bank s control; b) for the legality of transaction conducted by the Card; c) for the suspension of effectiveness of the Card; d)the Bank is relieved of material responsibility if the 2

3 obligations assumed under this agreement by the Bank have not been met due to the technical defects (electricity supply system or network failure, the processing center software failure, technical drawback of payment system and etc.). The Bank will not consider the filed claims if following the loss of the Card the Client /Card Holder fail to observe the Bank s informing rules defined by the Agreement; The Client is accountable: a) for all illegal transactions carried out by the Card; b) the Client is obliged to make up the Bank for damages, resultant from the violation of conditions of this agreement by the Client /Card Holder General Rules of Using the Card a) The Client is obliged: to ensure the signing of Card by the Card Holder immediately upon its receipt. Otherwise the Bank will be authorized to suspend, deny or restrict the opportunity of the Client and/or the Card Holder to use the Card, PIN or other access codes; to keep the Card safely at any time and not to allow the third parties (except the Card Holder) to use it; Note: when receiving the access codes it is recommended to remember them and to immediately destroy the documents containing the code(s). never to write down the access code so that the third parties (except the Card Holder) were able to obtain them; to always observe the rules of using the Card. b) the Client is not authorized: to use the Card for the illegal purposes as defined by the corresponding jurisdiction of Georgia and/or other country; to use the Card before its becoming effective or after its expiry, or after the Client receives a notification about the Card s cancellation by the Bank; to use the Card if as a result of its use the amount was withdrawn from the Basic Account without the Bank s prior consent; in case of the Bank s request to refuse to return the Card to the Bank. The Client is obliged, upon the Bank s request, to return the Card to the Bank. At the same time any person acting on behalf of the Bank is authorized to accept the Card any time (in particular the Bank may cancel the Card and ask any third party to arrest the Card if the Client attempts to use it) The Card Use a) Transactions: The Card can be used to withdraw cash by means of PIN from ATM within the credit (spending) limit, in Georgia and abroad, as well as to enjoy active transactions and/or service offered by ATM; Note: in case if an incorrect PIN is entered three times in a row the ATM may swallow the Card; the Bank establishes different limits that may change from time to time unilaterally, at the Bank s discretion; the Card may be used to purchase goods or services at retail shops that allow payment by cards; the Bank will withdraw, from the amounts on the Card Account, the amounts corresponding to the transactions carried out by the use of the Card to cover all financial costs payable by the Client (cost of various services). b) The Payments Authorization: the Bank is entitled not to grant authorization/not to observe instruction if: the Card has been lost, damaged or stolen; the Bank has a reason to consider that the Card has been lost or stolen; the Client and/or Card Holder break the terms and conditions; inclusive of all transactions authorized by the Bank (among them the amounts not withdrawn as yet) no sufficient amounts are left on the Card Account; after the Client and/or Card Holder carry out a transaction by the Card they have no right to ask the Bank to suspend this transaction. The Bank will cancel the authorized but yet unpaid transaction in such case if the Bank has proper evidence of the transaction s cancellation. c) Expenses: expenses will be paid for each use of the Card in accordance with the tariffs established by the Bank. The said tariffs may be changed from time to time without prior agreement of the Client, in accordance with the effective rules of the Bank. d) The Card Expiry Results, Tacit Issuance of New Card and Filling in Application by the Client: if after expiry of the Card the Client does not wish to obtain a new card the Client has to notify of that the Bank 1 month prior to the date of expiry. e) The Card Loss: if the Card is stolen or lost or the Client doubts that somebody knows his PIN or other access code, he has to immediately call the Bank at: ( ) ; ; ; ; or visit the Bank personally; if the Card has been used illegally, prior to the notification of the Bank by the Client about the Card s loss or stealing, or about somebody knowing the PIN or other access codes, the Client will be obliged to reimburse in full the amount payable as a result of such illegal use; if the Card has been used by the third party (including the Card Holder) with the Client s consent, the Client is obliged to pay all the amounts of the transactions carried out by such person by the Card; as soon as the Bank receives a notification about the Card loss, theft or illegal use, the Bank will block the Card. If the Client finds the Card, it is obliged to visit the Bank and file a written application about deblocking and the Bank will be authorized to deblock the Card on the basis of the Client s application if by that time the Card is not cancelled or expired; the Client is not responsible for the damage/loss occurring/resultant from the illegal use of the Card if the Client has not already received that Card; the Bank is not responsible for such cases, when the third party does not accept the Card, PIN or other access codes, the ATM is out of order, there occurs a strike or dispute, or any other circumstance affecting the Card, PIN or other access code use and which is beyond the Bank s direct control. The Bank is not responsible for the third party s action regarding the Card s cancelation or withdrawal; the Client will be accountable to the Bank for all obligations related to the Basic Account/Card Account, including the obligations, arising from the Card and/or Card Number and/or Card Effectiveness and/or PIN and/or other access codes use; f) Provision of Information The Client authorizes the Bank to provide information to the corresponding third party about the Card, PIN or other access code loss, theft or illegal use, or to enable the Bank to fulfill its obligations (including the obligations to the international payment systems); g) Cancellation of the Right of Use of the Card(s) The Card is effective by the end of the month indicated on the Card; If the Bank finds it advisable it can any time suspend, withdraw or forbid the use of the Card. The Client will be notified by the Bank prior to or shortly after taking such action; If the use of Card is suspended or limited for some reason, which includes the Bank s instruction to the Client about not withdrawing funds from the account without the Bank s prior consent, the Client will have no right to use the Card; the Client may terminate the use of the Card by sending a written notification to the Bank and returning the Card to the Bank. h) In case of the Card withdrawal and closure of the Basic Card and/or Card Account: the Client has to cancel any standing payment instruction, automatic payments and other debit instructions directly connected with the retail vendors or service providers (the Bank can not do that on behalf of the Client ); the Client is obliged to immediately pay any amount accrued to the Basic Account and the Card Account, together with the amount accrued with delay; the Client has to reimburse the Bank all the expenses related to the agreement s coming into force as well as all the expenses incurred by the Bank for the administration of the agreement if the Client does not meet the requests. The Client shall pay any expenses related to the overdue amounts or similar payable amounts. 3

4 i) General The Bank does not assume an obligation if it is unable to provide the Client with any type of the service related to the Card for the reason beyond its control (e.g. strike, discontinuation of electricity supply or equipment s going wrongly); If the Bank does not introduce for the current moment any new condition or extend any condition the Bank may introduce such conditions later; The use of the Card is regulated by the Bank legislation and by the license agreement terms and conditions between the Bank and the international payment systems The Rules of Credit (Spending) Limit Replenishing in Full and Tacitly Paying Off Minimum Payment the Client is authorized to pay off the full indebtedness originating as a result of drawing the credit (spending) limit and/or the minimum payment by way of placing amount as on the Card Accounts as on the Basic Account. Two patterns can be used in order to tacitly pay off the used credit (spending) limit by the amount placed on the Basic Account: a) the pattern of paying off minimum payment in case if since the date of calculating minimum payment during the making of minimum payment and within the penalty period there is at least the amount corresponding to the total amount of the minimum payment on the Basic Account, the minimum payment is paid off tacitly (pattern No.1). b) the pattern of paying off full indebtedness - in case if since the date of calculating minimum payment during the making of minimum payment there is at least the amount corresponding to the total amount of the full indebtedness on the Basic Account, the full indebtedness is paid off tacitly. In case if in the period defined by subparagraph b of article the full indebtedness is not paid off tacitly, the condition defined by subparagraph a of article will be enacted about making minimum payment at no earlier than 23:30 of the final day of the payment date (pattern No. 2). 4. Interest Accrual and Credit Repayment Rule 4.1. In case if the existing conditions deteriorate for the Client (which includes without limitation the increase of commission fees, fines and other cardrelated tariff rates) the Bank is obliged to notify of it the Client 1 (one) month prior in the following manner: by public announcement (which may include without limitation the placing of announcements in the Media and/or service centers) and/or by sending SMS and/or s and/or by any other means, which the Bank may use to communicate such changes to the Client If the Client disagrees with the existing conditions deterioration and/or the tariffs increase the Client is expected to notify of that the Bank in writing before the date of effectiveness of the renewed conditions and repay in full the indebtedness to the Bank In case if the existing conditions improve for the Client the Bank is obliged after the said improvement to notify of it the Client in the following manner: by public announcement (which may include without limitation the placing of announcements in the Media and/or service centers) and/or by sending SMS and/or s and/or by any other means, which the Bank may use to communicate such changes to the Client If the Client disagrees with the existing conditions improvement and/or base interest rate decrease and/or cerdit(spending) limit increase the Client is expected, after the receipt of information, not to use the improved conditions (which includes without limitation the credit(spending) limit increase) and apply to the Bank in writing within 7 (seven) days since the recipt of information for the return of old conditions, otherwise it will be considered that the Client had unconditionally agreed with the existing conditions improvement The Client is obliged to notify the Bank in writing of any change of details stated in the application (which may include without limitation residential address, telephone number, cell phone number and etc.). If the Client changes any detail of contact information stated in the application and fails to notify the Bank of new details in 5 (five) calendar days, then the notification sent by the Bank in accordance with information contained in the application will be deemed as uncoditionally delivered to the Client The indebtedness created on the Card Account may be repaid as in full as partially. The monthly minimum payment shall be necessarily made by the payment date. Otherwise the payment of fine will be imposed on the Client For the failure to make minimum payment by the date of payment in the next scheduled card statement the monthly minimum payment amount will be calculated in the following manner: 10 % of difference between the credit used by the current moment through cash-out and payment operations and the outstanding amount of the basic amount stated in the previous card statement; 100 % of the outstanding amount of the basic amount stated in the previous card; interest accrued in the review period; and/or 100 % of the commission fee; and/or 100 % of fine and/or 100 % of spent amount If the grace period s conditions do not apply to the credit, then the interest is calculated in accordance with actual days of using the credit, with relation to 365 days. If the Bank prematurely and unilaterally terminates the card service (cancels the card), the Bank continues to accrue interest after the cancelation of the card. The overdue indebtedness (basic amount, interest, commission fee, fine) is subject to enforced payment by the officer of the court, or unenforced payment by the Client in the amount equal to the indebtedness existing by the moment of execution When paying off the indebtedness in the first place there are paid the fine and commission fees (if any), then the overspent amounts (if any), accrued interest and finally the principal amount of the credit. Such order may be changed at the Bank s discretion The Client gives preliminary consent to the Bank s full right, in case of occurrence of indebtedness of any type, to write off from the accounts of the Client with the Bank, in accordance with the conditions, without the Client s additional acceptance in the following order: the fine, commission fee, overspent amount, accrued interest and principal amount of the credit. If the indebtedness amount and the amounts on the accounts are in different currencies, the Bank will translate the amounts at the rate established by the Bank for the date of payment, and the corresponding servicing amount will also be written off without acceptance from the Client s account and the converted amount will be used to pay off the Client s indebtedness; If the Client has no sufficient amounts on the Bank accounts, the Bank reserves the right to block the Client s accounts for the amount equal to the indebtedness before the full repayment of the indebtedness In case of termination of this service on the part of the Bank the Client is obliged to immediately pay off all the indebtedness to the Bank by the date indicated by the Bank, otherwise the Bank is authorized to request the repayment from any asset of the Client. 5. Conversion 5.1. The transactions carried out by the cards emitted in national currency, except the transactions carried out in national currency, will be converted in US dollars and then reflected in national currency on the account of the Client. The transactions in national currency will be directly reflected on the Client s account The transactions carried out by the cards emitted in US dollars, except the transactions carried out in US dollars, will be converted in US dollars and then reflected in US dollars on the account of the Client. The transactions in US dollars will be directly reflected on the Client s account The transactions carried out by the cards emitted in EURO, except the transactions carried out in EURO, will be converted in EURO and then reflected in EURO on the account of the Client. The transactions in EURO will be directly reflected on the Client s account The conversion mentioned in this article will be carried out by the international processing system corresponding to the class of the card on the day of processing which may not coincide with the day of carrying out the transaction by the Client. 6. Special Conditions 6.1. The Client bears full responsibility for the transactions carried out by the card holder(s) and for paying off the generated indebtedness The card s reissuance will be carried out on the basis of the Client s request. In case if the card is not reissued the accrual of interest for the used amount and paying off of the existing indebtedness will be continued in accordance with the conditions The Bank and the Client will observe the conditions and confidentiality of the related other relations (including the agreements) provided that the said limitation will not affect: (a) information, which is or will become public regardless the parties; (b) information which can be obtained from other sources; (c) informtation, disclosed by one of the parties in accordance with the requirements of law. Regardless the limitations envisaged by this article the Client grants the Bank an unconditional right to transfer without additional agreement information about the Client to JSC Creditinfo Georgia or any other establishment with similar function, which may be operating or be founded under the jurisdiction of Georgia or any other country. Information about the Client may include without limitation: the Client s identification data, basis for the current debt origination, volume, purpose, accrued interest, validity, timeliness of the Client s payments in relation with the debt, balance of the debt, identification data of the security, and in case of dispute at the court (including the court of arbitration) the court (including the court of arbitration) litigation and execution proceedings results. The Client also gives consent to JSC Creditinfo Georgia 4

5 or any other establishment with similar function that the Client information provided by the Bank to JSC Creditinfo Georgia or any other establishment with similar function be transfered by JSC Creditinfo Georgia or any other establishment with similar function to the third parties provided that the information provided by the Bank are made available to such entities, that provide themselves to JSC Creditinfo Georgia or any other establishment with similar function the data of the said nature and they had executed corresponding agreement with JSC Creditinfo Georgia or any other establishment with similar function. Further the Bank grants an unconditional right to the Bank to seek, obtain and use the Client data from the database of JSC Creditinfo Georgia or any other establishment with similar function. 7. Rights and Responsibilities of the Parties 7.1. The Bank is authorized: to unilaterally make a decision on the extension of the term of the credit (spending) limit, increasing or decreasing the credit (spending) limit to request, in case of existence of outstanding debt on the Client s account, disposal of any asset of the Client if on any of the Client s accounts opened at the Bank there are no sufficient funds to pay off the indebtedness; to unilaterally suspend/cancel the card s effectiveness or terminate the right of using credit (spending) limit by the conditions or reduce the credit (spending) limit without sending prior notice to the Client and request the return of the amount used by the Client together with accrued interest, commission fee and fine, if: the Client violates the conditions; the Client s financial condition deteriorates or the Bank considers, that there may be a threat of such circumstance occurrence; the Client has outstanding credit indebtedness of any kind to the Bank; the Client s action is aimed at cheating the Bank; to ask the Client to secure the credit(spending) limit by mortgage, pledge or warranty; however, if the client s credit (spending) limit is secured, the bank s request derived from this security, will be canceled only after: a) the client fully and timely pays indebtedness of any kind to the Bank; and b) 14 (fourteen) calendar days shall have passed after the cancellation of all credit cards attached to the card account to cancel the Client s card if the Client fails to use the credit (spending) limit during 6 (six) months; to transfer without the Client s prior written consent to any company in the American Express group or any company nominated by American Express its rights and obligations; to maintain database about the Client, which it transfers without limitation to the American Express; in case if the Client violates any of the obligations defined by the conditions, to allow overdraft on the basic account of the Client, any time after the termination of the penalty period. The annual interest rate payable by the Client to the Bank will be defined at 30 %, and the penalty for the delay will be defined at 0.5% of the full amount of overdraft per each outstanding day The Bank is obliged: to make available to the Client since the day following the calculation date information about the monthly mandatory minimum payment and the payment date The Client is authorized: to ask the Bank to increase or decrease the credit (spending) limit; to request the termination of card servicing. In such case the Client is obliged to pay off all the indebtedness on the card account; to dispose of the amount on the basic account at his discretion; to transfer the amount over the credit (spending) limit only to the basic account; to change the credit (spending) limits on the card accounts at his discretion, within the limits of the credit (spending) limits not used by that moment; 7.4. The Client is obliged: within the effectiveness of the credit to make montly mandatory minimum payment in accordance with the size of minimum payment indicated in the card statement; from the transfers to the accounts opened by the Client at the Bank to pay off as a priority the debt to the Bank; in case of overspending the credit to pay off in full the amount spend over the credit (spending) limit together with the interest accrued to it in the review period; not to transfer the amount existing on the card within the credit (spending) limit to the basic account; 8. The conditions coming into force and effectiveness 8.1. The conditions come into force since the date of allowing the credit (spending) limit on the card by the Bank and stay effective before the parties fulfill the assumed obligations in full and properly; 8.2. The card servicing termination before the specified date is permissible: by the parties mutual agreement, in case of non-fulfillment of the assumed obligations by any of the parties, in case of breach of the conditions, in other cases envisaged by the conditions and/or the law. 9. The Card Servicing Tariffs Commission Fees: Commission fee for the payment transactions at merchants 0% Commission fee for the settlement via Internet 0% Commission fee for servicing basic and sub-accounts free of charge Cash-out transactions commission fees at the service centers of the Bank of Georgia: for the Cards emitted in GEL 3.9%, min. GEL 3.9 for the Cards emitted in USD 3.9%, min. 3.9 USD for the Cards emitted in EURO 3.9%, min. 3.9 EURO Cash-out transactions commission fees at the ATMs of the Bank of Georgia and ATMs abroad: for the Cards emitted in GEL 2.9%, min. GEL 2,9 for the Cards emitted in USD 2.9%, min. 2.9 USD for the Cards emitted in EURO 2.9%, min. 2.9 EURO Limits for the cash-out transactions by the Cards: Daily limit of cash-out transaction via ATM: American Express Business Gold GEL 5000 (or equivalent in the corresponding currency) American Express Business GEL 3000 (or equivalent in the corresponding currency) Visa Business ან MasterCard Business GEL 1500 (or equivalent in the corresponding currency) Daily limit of cash-out transaction via service centers: American Express Business Gold GEL (or equivalent in the corresponding currency) American Express Business GEL (or equivalent in the corresponding currency) Visa Business or MasterCard Business GEL (or equivalent in the corresponding currency) 5