Terms and Conditions for Direct Debit Collection.

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1 Terms and Conditions for Direct Debit Collection. Version as of 3 February 2015 Landesbank Baden-Württemberg As at 10/13

2 Contents Terms and Conditions for Direct Debit Collection Collection Authorization Procedure (Einzugsermächtigungsverfahren) valid to a limited extent until 31 January 2016 SEPA Core Direct Debit Scheme SEPA B2B Direct Debit Scheme Dear customer, this English translation of the General Terms and Conditions is provided solely for the convenience of customers. The translation is not binding on the bank. The German text is the sole authoritative and binding version and prevails in case of any conflict As at 10/13

3 Terms and Conditions for Direct Debit Collection - Collection Authorization Procedure (Einzugsermächtigungsverfahren) valid until 31 January 2016 As at 23 January Direct debit via collection authorization (Einzugsermächtigungslastschriftverfahren) key features The procedure of direct debit via collection authorization enables the payer (hereinafter referred to as the "debtor") to make payments in euro to the payee through his/her payment service provider. To do so, the debtor authorizes the payee to collect amounts from the debtor's account by direct debit (collection authorization [Einzugsermächtigung]). The payee initiates the respective payment transaction by presenting the direct debits to the debtor s payment service provider through the Bank. In case of an authorized payment on account of a direct debit via collection authorization, the debtor shall be entitled to claim a refund of the amount debited from his/her payment service provider. Such claim must be made within eight weeks starting from the date on which his/her account was debited. This results in cancellation of the conditional credit entry in the account of the payee. Legislation 1 stipulates that, as of 1 February 2014, the direct debit via collection authorization (Einzugsermächtigungslastschriftverfahren) may only be used for payments that are generated at a point of sale by means of a payment card (Elektronisches Lastschriftverfahren [Electronic Direct Debit Scheme]). As of 1 February 2016, use of the direct debit via collection authorization (Einzugsermächtigungslastschriftverfahren) is no longer allowed at all. 2. Pre-notification of the direct debit collection The payee shall notify the debtor before submitting each direct debit so that the debtor can ensure that he/she has sufficient funds in his/her account. For recurrent direct debits for the same amounts, it shall be sufficient to notify the debtor once before the first direct debit collection, stating the dates when payments will become due. 3. Direct debit collection agreement (Inkassoabrede) The payee shall be entitled to collect the amounts due which do not require the presentation of documents to be claimed by direct debits under the collection authorization procedure. 4. Collection authorization (Einzugsermächtigung) 4.1 The payee undertakes to submit direct debits for collection only if he/she has received a written collection authorization from the debtor. The text available on the Bank's website at should be used for collection authorizations. The collection authorization must contain the following details (authorization data): name of the payee name of the debtor and the debtor's unique identifier (see No. 5). The collection authorization may contain further details in addition to the authorization data. 4.2 Upon request, the payee shall make available within seven business days to the Bank copies/originals of the collection authorization and, where required, additional information about the submitted direct debits. The payee shall be obligated to retain the collection authorization given by the debtor including any amendments in the legally required form. After the collection authorization has expired, it must be kept for at least another 14 months, counting from the submission date of the last direct debit received. 4.3 If a debtor revokes collection authorization vis-à-vis the payee, the payee may not collect any further direct debits on the basis of this collection authorization. 4.4 If a direct debit based on collection authorization is returned to the payee for the 3 keine Einzugsermächtigung [ 3 no collection authorization ]), the debtor's payment service provider thereby informs the payee that the debtor has revoked the collection authorization 1 Article 6 of Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (SEPA Regulation) and Section 7 of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz ZAG) given to the payee. The payee may then not collect any further direct debits on the basis of this collection authorization. 5. Unique identifier For the procedure, the payee must use the account number and the Bank s bank code which have been provided to the payee as his/her unique identifier by the Bank, and the debtor's account number and the bank code of the debtor s payment service provider, as notified by the debtor, as the debtor's unique identifier. The Bank shall be entitled to collect the direct debits solely on the basis of the unique identifiers provided to it. 6. Submission of direct debits 6.1 The payee shall retain the collection authorization issued by the debtor. The payee shall include the authorization data (see No. 4, paragraph 4.1) and any additional details in the data record for direct debits via collection authorization. The payee shall indicate the relevant direct debit amount. 6.2 The payee shall transmit the data record for direct debits based on collection authorization electronically to the Bank in compliance with the agreed submission periods. 6.3 Direct debits must be submitted to the Bank in a paperless form using electronic data records along with the prescribed accompanying document. For this the terms and conditions for data carrier exchange, remote data transmission and online-banking shall apply. Paperless direct debits based on collection authorization must be tagged with the text key >>05<< and the text key supplement >>000<. ( hereinafter referred to as the "creditor" and the payee's payment service provider_row_1) 6.4 If, in exceptional cases, direct debits are not submitted for collection using electronic data records, the forms provided by the Bank must be used. Paper-based direct debits must be in line with the guidelines for standardized payment transaction forms (Richtlinien für einheitliche Zahlungsverkehrsvordrucke). They must be stamped "Einzugsermächtigung des Zahlungspflichtigen liegt dem Zahlungsempfänger vor" ("Payee has received collection authorization from debtor") and tagged with the text key) "05". 6.5 The debtor's payment service provider (paying agent) shall be entitled to process the direct debit according to the text key. 7. Collection of direct debits The Bank shall forward the submitted direct debits to the debtors payment service providers as soon as possible or at the time agreed with the payee. 8. Small amounts Small amounts that are to be collected at regular intervals shall be collected for collection every three or six months so that the collection amount is at least 5 euros. 9. Conditional credit entry In the case of a bulk collection order, the direct debit amounts are collected and credited to the payee's account >>Eingang vorbehalten<< [>>subject to receipt of funds<<]. 10. Charges for collection 10.1 The Bank shall levy the charge set out in the "List of Prices and Services" for the direct debits via collection authorization The Bank may deduct the charges to which it is entitled from the direct debit amount that is credited Changes in charges shall be offered to the payee in text form no later than two months before their date of entry into force. If the payee has agreed an electronic communication channel with the Bank within the framework of the business relationship, the changes may also be offered through this channel. The changes shall be deemed to have been approved by the payee unless the payee has indicated disapproval before their proposed date of entry into force. The Bank shall expressly draw the payee s attention to this consequence in its offer. If the payee is offered changes in charges, the payee may also terminate this business relationship free of charge with immediate effect before the proposed - 3 As at 02/2015

4 date of entry into force of the changes. The Bank shall expressly draw the payee s attention to this right of termination in its offer No shall apply accordingly. 11. Returned direct debits 11.1 If direct debits are not paid by the debtor s payment service provider, the Bank shall cancel the conditional credit entry. It shall do so irrespective of whether a periodic balance statement has been issued in the meantime. This shall also apply if direct debits are returned by the debtor s payment service provider because a refund is claimed by the debtor. The payment service providers engaged are not obliged to verify the entitlement to claim a refund If the payee is not a consumer, the charge published in the Bank's "List of Prices and Services" shall be levied for every direct debit that is nor paid or that is redebited because a refund is claimed by the debtor. Section 675f (4), sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch BGB) shall not apply. No shall apply accordingly Payments of part of the amounts receivable shall not be made under the direct debit procedure Direct debits that are redebited may not be submitted again for collection. 12. Expenses The Bank shall be entitled to invoice the payee for any expenses incurred if the Bank carries out the instructions or acts in the presumed interests of the payee (particularly in connection with the processing of returned direct debits). 13. Notification 13.1 The payee shall notify the Bank without delay upon detecting any incorrectly executed direct debit collections The Bank shall notify the payee at least once a month about the execution of direct debit collection orders and returned direct debits through the agreed account information channel In derogation of the foregoing, if payees are not consumers, the frequency and/or form and/or method of notification may be agreed separately with them Supplementary to No. 13.3, in their case, the notification for direct debit amounts that are credited collectively shall only show the total amount to be collected and not the individual payment transactions. 14. Payee's entitlement to refund 14.1 In the event of non-execution or incorrect execution of a direct debit collection, the payee may request the Bank to send it again, if necessary without delay to the debtor s payment service provider In addition to the entitlement stipulated paragraph 1, the payee may request the Bank to refund any charges and interest it levied on him/her or debited to his/her account in connection with the non-execution or incorrect execution of a direct debit collection. 15. Payee's entitlement to compensation 15.1 If a direct debit collection order is not executed or not executed correctly, the payee may request the Bank to provide compensation for any loss or damage incurred as a result. This shall not apply if the Bank is not responsible for the neglect of duty. If the payee has contributed to the occurrence of any loss or damage through culpable conduct, the principles of contributory negligence shall determine the extent to which the Bank and the payee must bear the loss or damage If the payee is not a consumer, the Bank s liability for any loss or damage shall be limited to the amount of the direct debit. Where consequential loss or damage is involved, liability shall, in addition, be limited to a maximum of EUR 12,500 per direct debit. These limitations on liability shall not apply to deliberate intent or gross negligence by the Bank or to risks which the Bank has assumed on an exceptional basis. 16. Exclusion of liability and objections Any claims of the payee under Nos. 14 and 15 and any objections of the payee against the Bank due to non-execution or incorrect execution of collection orders shall be excluded, if the payee fails to inform the Bank thereof within a period of 13 months at the latest after being debited for an incorrectly executed collection transaction. This period shall start to run only once the Bank has informed the payee about the transaction through the agreed account information channel no later than one month after the debit entry was made; otherwise the date on which the payee is informed shall determine when the period commences. The payee may claim compensation as stipulated in No 15 even after the expiry of the period specified in sentence 1 of this paragraph if, through no fault of his/her own, the payee was prevented from meeting the deadline. 17. Amendments to this agreement 17.1 Amendments to this agreement shall be offered to the payee in text form no later than two months before their date of entry into force. If the payee has agreed an electronic communication channel with the Bank within the framework of the business relationship, the amendments may also be offered through this channel. The changes shall be deemed to have been approved by the payee unless the payee has indicated disapproval before their proposed date of entry into force. The Bank shall expressly draw the payee s attention to this consequence in its offer. If the payee is offered changes in charges, the payee may also terminate this business relationship free of charge with immediate effect before the proposed date of entry into force of the changes. The Bank shall expressly draw the payee s attention to this right of termination in its offer With respect to charges and any change to such charges, the provisions set out in No.17 paragraphs 2 to 6 of the Bank's General Terms and Conditions shall remain applicable to payees who are not consumers. Miscellaneous 18.1 The Bank's minimum notice period for termination of two months as stipulated in No. 26 paragraph 1 sentence. 3 of the Bank's General Terms and Conditions shall not apply for direct debit collection agreements with payees who are not consumers For the settlement of disputes with the Bank, the payee may apply to the arbitration or complaints offices specified in the "List of Prices and Services". 19. Data protection/bank secrecy The payee agrees that the Bank transfers his/her name and address to the paying agent if the paying agent claims vis-à-vis the Bank that there are unjust enrichment claims against the payee. To this extent, the payee shall release the Bank also from banking secrecy As at 10/13

5 Terms and Conditions for Direct Debit Collection - SEPA Core Direct Debit Scheme As at 15 October SEPA Core Direct Debit Scheme Definition and key features 1.1 A SEPA Core Direct Debit is a payment transaction initiated by the payee, and debited to the account of the payer (hereinafter referred to as the "debtor") with his/her payment service provider where the amount of the payment is specified by the payee. 1.2 The SEPA Core Direct Debit scheme is governed by the current version of "SEPA Core Direct Debit Scheme Rulebook" issued by the European Payments Council (EPC). 1 The SEPA Core Direct Debit scheme enables a debtor to make payments in euros to the payee through his/her payment service provider within the Single Euro Payments Area (SEPA). The countries and territories listed in the "List of Prices and Services" belong to SEPA. For the execution of payments by SEPA Core Direct Debits, the debtor must give the payee the SEPA Direct Debit mandate (see No. 5) before the payment transaction. The payee initiates the respective payment transaction by presenting the direct debits to the debtor s payment service provider through his/her Bank. For authorized SEPA Core Direct Debit payments, the debtor shall be entitled to claim a refund of the amount debited from his/her payment service provider without indicating reasons. Such claim must be made within eight weeks starting from the date on which the debtor s account was debited. This results in cancellation of the conditional credit entry in the account of the payee. 2. Direct debit collection agreement (Inkassoabrede) The payee shall be entitled to collect the amounts due which do not require the presentation of documents to be claimed by direct debits via the SEPA Core Direct Debit procedure. The payee undertakes to submit direct debits for collection only if he/she has received a written and signed SEPA Direct Debit mandate from the debtor as specified in No Charges and expenses 3.1 The Bank shall levy the charges set out in the "List of Prices and Services" for direct debits via the SEPA Core Direct Debit procedure. 3.2 If the payee is not a consumer, the Bank shall levy the charge set out in the "List of Prices and Services" for every SEPA Core Direct Debit that is nor paid or that is redebited because a refund is claimed by the debtor. Section 675f (4), sentence 2 (charges for the fulfillment of ancillary obligations) of the German Civil Code (Bürgerliches Gesetzbuch BGB) shall not apply. No. 3.6 shall apply accordingly. 3.3 The Bank shall be entitled to invoice the payee for any expenses incurred if the Bank carries out the instructions or acts in the presumed interests of the payee (particularly in connection with the processing of returned direct debits). 3.4 The Bank may deduct the charges to which it is entitled from the direct debit amount that is credited. 3.5 Changes in charges shall be offered to the payee in text form no later than two months before their date of entry into force. If the payee has agreed an electronic communication channel with the Bank within the framework of the business relationship, the changes may also be offered through this channel. The changes shall be deemed to have been approved by the payee unless the payee has indicated disapproval before their proposed date of entry into force. The Bank shall expressly draw the payee s attention to this consequence in its offer. 3.6 With respect to charges and any change to such charges, the provisions set out in No.17 paragraphs 2 to 6 of the Bank's General Terms and Conditions shall remain applicable to payees who are not consumers. 4. Unique identifiers For the procedure, the payee must use - the IBAN 2 issued to the payee by the Bank and BIC 3 of the Bank as unique identifier and - the IBAN 2 notified to him/her by the debtor, plus for cross-border payments (within the European Economic Area for the countries and territories listed in the "List of Prices and Services" until 31 January 2016) the BIC 3 of the debtor's payment service provider, as unique identifier of the debtor. The Bank shall be entitled to collect the SEPA Core Direct Debits solely on the basis of the unique identifiers provided to it. 5. SEPA-direct debit mandate 5.1 The payee must obtain a SEPA Direct Debit mandate from the debtor before submitting SEPA Core Direct Debits. The SEPA Direct Debit mandate must contain the following statements by the debtor: - a statement authorizing the payee to collect payments from the debtor's account by SEPA Core Direct Debit and - a statement instructing the debtor s payment service provider to pay the SEPA Core Direct Debits drawn by the payee on the debtor s account. For a SEPA Direct Debit mandate the payee must use the authorization statement provided on the Bank's website ( or an identical text in an official language of the countries and territories listed in the "List of Prices and Services" in accordance with the rules laid down by the EPC 4. In addition to the authorization text, as a minimum the following details must be included in the SEPA Direct Debit mandate: - name of the payee - the payee's creditor identifier (for payees based in Germany, this is issued by the Deutsche Bundesbank) 5 - name of the debtor or specific designation 7 - unique identifier (IBAN 2 and plus for cross-border payments (within the European Economic Area for the countries and territories listed in the "List of Prices and Services" until 31 January 2016) the BIC or the debtor - indication of whether the mandate is given for a one-off payment or recurrent payments - date of the SEPA-direct debit mandate - signature of the debtor The mandate reference assigned individually by the payee - shall, in conjunction with the creditor identifier, uniquely identify each mandate - shall be up to 35 alphanumerical digits long and - may form part of the mandate or must be subsequently notified to the debtor In addition to the above data, the SEPA Direct Debit mandate may contain supplementary information. 5.2 The payee may use a collection authorization issued before 1 February 2014 as a SEPA Direct Debit mandate. (1)For this purpose, the following conditions must be fulfilled: - The debtor has given the payee, a collection authorization in writing, authorizing the payee to collect payments from his/her account by direct debit. - The debtor and his/her payment service provider have agreed that - the debtor, by giving a collection authorization, instructs his/her payment service provider at the same time to pay the direct debits drawn by the payee on his/her account and - this collection authorization may be used as a SEPA Direct Debit mandate. (2) The collection authorization must contain the following authorization data: - name of the payee - name of the debtor - unique identifier as specified in No. 4 or account number and the bank code of the debtor. The collection authorization may contain further details in addition to the authorization data. (3) Before the first SEPA Core Direct Debit is collected, the payee must notify the debtor of the changeover from collection by direct debit based on a collection authorization to collection by SEPA Core Direct Debit, indicating the creditor identifier and the mandate reference in text form As at 10/13

6 Where requested by the Bank, the payee must duly demonstrate that it notified the debtor as required in sentence 1. (4) The first SEPA Core Direct Debit that is issued after the changeover from the direct debit based on collection authorization shall be tagged as a first direct debit. The date of signature by the debtor indicated in the data record for the direct debits submitted shall be the date of notification of the debtor as specified in paragraph Upon request, the payee shall make available within seven business days to the Bank the SEPA Direct Debit mandate and, where required, additional information about the submitted SEPA Core Direct Debits. The payee shall be obligated to retain the SEPA Direct Debit mandate given by the debtor including any amendments in the legally required form. The SEPA Direct Debit mandate is valid for an indefinite period, provided that the last collection did not take place more than 36 months ago. After the SEPA Direct Debit mandate has expired, the original must be kept for at least 14 months, counting from the submission date of the last SEPA Core Direct Debit collected. 5.5 If a debtor revokes a SEPA Direct Debit mandate vis-à-vis the payee, the payee may not collect any further SEPA Core Direct Debits on the basis of this SEPA Direct Debit mandate. 5.6 If a SEPA Core Direct Debit is returned to the payee for the following reason: "no valid mandate", the debtor's payment service provider thereby informs the payee that the debtor has revoked the SEPA Direct Debit mandate given to the payee. The payee may then not collect any further SEPA Core Direct Debits on the basis of this SEPA Direct Debit mandate. 6. Pre-notification of the direct debit collection The payee must notify the debtor of the SEPA Core Direct Debit collection no later than 14 calendar days before the due date of the SEPA Core Direct Debit payment (e.g. by issuing an invoice); the payee and the debtor may also agree a different notification period. For recurrent direct debits for the same or fixed amounts, it shall be sufficient to notify the debtor once before the first direct debit collection and to state the dates when payments will become due. 7. Submission of the SEPA Core Direct Debit 6.1 The payee shall retain the SEPA Direct Debit mandate issued by the debtor. The payee shall include the authorization data and any additional details in the data record for SEPA Core Direct Debits. The respective direct debit amount and the date on which the direct debit payment is due shall be specified by the payee. 7.2 The payee shall transmit the data record for the collection of the SEPA Core Direct Debit to the Bank electronically in compliance with the agreed submission periods. For this, the terms and conditions for remote data transmission and online-banking shall apply. The SEPA Core Direct Debit must be tagged as follows: "CORE" or "COR1" in the "code" element of the "local instrument" element group. The debtor's payment service provider shall be entitled to process the SEPA Core Direct Debit according to how it is tagged. 7.3 Small amounts that are to be collected at regular intervals shall be collected for collection every three or six months so that the collection amount is at least 5 euros per SEPA Core Direct Debit. 7.4 The due date specified in the data record must be a business day of the Bank. If the due date specified by the payee in the data record is not a business day of the Bank, the Bank shall be entitled to specify the following business day as the due date. The business days of the Bank are shown in the "List of Prices and Services". 7.5 If the payee does not submit any SEPA Core Direct Debit under a SEPA Direct Debit Mandate within a period of 36 months (calculated from the due date of the last SEPA Core Direct Debit submitted), he/she must cease collecting direct debits under this mandate and shall be obligated to obtain a new SEPA Direct Debit mandate if he/she wishes to collect SEPA Core Direct Debits from the debtor thereafter. The Bank and the payment service provider shall not be obligated to verify compliance with the measures referred to in sentence The Bank shall send the SEPA Core Direct Debit, if submitted punctually and properly, to the debtor's payment service provider so that the payment can be debited on the due date contained in the direct debit data record. 8. Submission periods Certain submission periods must be observed before the due date when submitting SEPA Core Direct Debits. These, as well as the business days, are specified in the "List of Prices and Services". 9. Collection of the direct debit and execution of the payment transaction 9.1 When SEPA Core Direct Debits are used, the direct debit data may be forwarded by the Bank to the debtor s payment service provider through the message transmission system of the Society for Worldwide Interbank Financial Telecommunications (SWIFT), which is based in Belgium and has operating centers in the European Union, Switzerland and the United States. 9.2 The debtor s payment service provider remits the amount debited by it to the debtor s account on the basis of the SEPA Core Direct Debit to the Bank. 9.3 Payments of part of the amounts receivable shall not be made under the SEPA Core Direct Debit procedure. 9.4 The direct debit amounts are credited to the payee's account "Eingang vorbehalten" ["subject to receipt of funds"] (conditional credit entry). 10. Returned direct debits 10.1 If a SEPA Core Direct Debit is not paid by the debtor s payment service provider or is returned because a refund is claimed by the debtor, the Bank shall cancel the conditional credit entry. It shall do so irrespective of whether a periodic balance statement has been issued in the meantime SEPA Core Direct Debits that are redebited may not be submitted again for collection. 11. Notification 11.1 The Bank shall notify the payee at least once a month about the execution of the SEPA Core Direct Debit orders and returned direct debits through the agreed account information channel In derogation to 11.1, if payees are not consumers, the frequency, form and method of account information agreed upon between the customer (payee) and the Bank shall be observed. In this respect, changes may be made at any time and are communicated between the customer and the Bank with adequate prior notification Supplementary to No 11.2, in the case of payees who are not consumers, the notification for SEPA Core Direct Debit amounts that are credited collectively shall only show the total amount to be collected and not the individual payment transactions. 12. Payee's entitlement to refund 12.1 The payee shall notify the Bank without delay upon detecting any incorrectly executed SEPA Core Direct Debit collections In the event of non-execution or incorrect execution of a SEPA Core Direct Debit, the payee may request the Bank to send it - again, if necessary - without delay to the debtor's payment service provider In addition to the entitlement stipulated No. 12.2, the payee may request the Bank to refund any charges and interest it levied on him/her or debited to his/her account in connection with the non-execution or incorrect execution of a SEPA Core Direct Debit. 13. Payee's entitlement to compensation 13.1 If a SEPA Core Direct Debit collection order is not executed or not executed correctly, the payee may request the Bank to provide compensation for any loss or damage incurred as a result. This shall not apply if the Bank is not responsible for the neglect of duty. If the payee has contributed to the occurrence of any loss or damage through culpable conduct, the principles of contributory negligence shall determine the extent to which the Bank and the payee must bear the loss or damage If the payee is not a consumer, the Bank s liability for any loss or damage shall be limited to the amount of the direct debit amount. Where consequential loss or damage is involved, liability shall, in addition, be limited to a maximum of EUR 12,500 per direct debit. These limitations on liability shall not apply to deliberate intent or gross negligence by the Bank or to risks which the Bank has assumed on an exceptional basis. 14. Exclusion of liability and objections Any claims of the payee under Nos and 12.3 and any objections of the payee against the Bank due to non-execution or incorrect execution of collection orders shall be excluded, if the payee fails to inform the Bank thereof within a period of 13 months at the latest after being debited for an incorrectly executed collection transaction. This period shall start to run only once the Bank has informed the payee about the transaction through the agreed account information channel no later than one month after the debit entry was made; otherwise the date on which the payee is informed shall determine when the period commences. 15. Amendments to this agreement 15.1 Amendments to this agreement shall be offered to the payee in text form no later than two months before their date of entry into force. If the payee has agreed an electronic communication channel with the Bank within the framework of the business relationship, the amendments may also be offered through this channel. The changes shall be deemed to have been approved by the payee unless the payee has indicated disapproval before their proposed date of entry into force. The Bank shall As at 10/13

7 expressly draw the payee s attention to this consequence in its offer. If the payee is offered changes in charges, the payee may also terminate this business relationship free of charge with immediate effect before the proposed date of entry into force of the changes. The Bank shall expressly draw the payee s attention to this right of termination in its offer. 16. Miscellaneous 16.1 Unless otherwise agreed and in derogation to No 26 paragraph. 1 sentence 3 of the Bank's General Terms and Conditions, the Bank's minimum notice period for termination of two months shall apply to payees who are not consumers For the settlement of disputes with the Bank, the payee may apply to the arbitration or complaints offices specified in the "List of Prices and Services". 17. Data protection/bank secrecy The payee agrees that the Bank transfers his/her name and address to the debtor's paying agent if the paying agent claims vis-à-vis the Bank that there are unjust enrichment claims of the debtor against the payee. To this extent, the payee shall release the Bank also from banking secrecy. Footnotes 1 The "SEPA Core Direct Debit Scheme Rulebook" can be viewed on or downloaded from the website of the European Payments Council at 2 International Bank Account Number 3 Bank Identifier Code 4 see also at: 5 see also at: 6 Collection authorizations given over the phone or vie the Internet are not SEPA-compliant 7 If a direct debit mandate for a SEPA Core Direct Debit (local instrument - CORE or COR1) is generated from bank card data at a point of sale (card terminal) and if the name of the payer is not available, the payer may be identified by indicating card data instead of the name as follows: constant/cdgm (card data generated mandate), followed by card number, card sequence number and expiry date (four digit in YYMM format). If the card number is not available, the PAN should be used. To obtain an identical card number/pan field length, the card number should be padded with zeros from the left to make it 19 digits long As at 10/13

8 Terms and Conditions for Direct Debit Collection - SEPA B2B Direct Debit Scheme As at 15 October SEPA-B2B Direct Debit Scheme Definition and key features 1.1 A SEPA-B2B direct debit-is a payment transaction initiated by the payee, and debited to the account of the payer (hereinafter referred to as the "debtor") with his/her payment service provider where the amount of the payment is specified by the payee. 1.2 The SEPA B2B Direct Debit scheme is governed by the current version of "SEPA Business to Business Direct Debit Scheme Rulebook" issued by the European Payments Council (EPC) 1. The SEPA B2B Direct Debit scheme may be used -only by debtors who are not consumers 2. The SEPA B2B Direct Debit scheme -enables a debtor to make payments in euro to the payee through his/her payment service provider within the Single Euro Payments Area (SEPA). The countries and territories listed in the "List of Prices and Services" belong to SEPA. For the execution of payments by SEPA B2B Direct Debit the payee and the payee s payment service provider must use the SEPA B2B Direct Debit scheme the debtor's payment service provider must be reachable in the SEPA B2B Direct Debit scheme, the debtor must give the SEPA B2B Direct Debit mandate to the payee before the payment transaction and the debtor must confirm to the Bank that the SEPA B2B Direct Debit mandate has been given. The payee initiates the respective payment transaction by presenting the direct debits to the debtor s payment service provider through the Bank. For authorized SEPA B2B Direct Debit payments, the debtor shall not be entitled to claim a refund of the amount debited to his/her account from his/her payment service provider. 2. Direct debit collection agreement (Inkassoabrede) The payee shall be entitled to collect the amounts due which do not require the presentation of documents to be claimed by direct debits via the SEPA B2B Direct Debit procedure. The payee undertakes to submit direct debits for collection only if he/she has received a written and signed SEPA B2B Direct Debit mandate from the debtor (as specified in No. 5.1). 3. Charges and expenses 3.1 The Bank shall levy the charges set out in the "List of Prices and Services" for direct debits via the SEPA B2B Direct Debit procedure. 3.2 If the payee is not a consumer, the charge set out in the "List of Prices and Services" shall be levied for every SEPA B2B Direct Debit that is nor paid. Section 675f (4), sentence 2 (charges for the fulfillment of ancillary obligations) of the German Civil Code (Bürgerliches Gesetzbuch BGB) shall not apply. No. 3.6 shall apply accordingly. 3.3 The expenses of the Bank shall be reimbursed in accordance with the statutory provisions. 3.4 The Bank may deduct the charges to which it is entitled from the direct debit amount that is credited. 3.5 Changes in charges shall be offered to the payee in text form no later than two months before their date of entry into force. If the payee has agreed an electronic communication channel with the Bank within the framework of the business relationship, the changes may also be offered through this channel. The changes shall be deemed to have been approved by the payee unless the payee has indicated disapproval before their proposed date of entry into force. The Bank shall expressly draw the payee s attention to this consequence in its offer. If the payee is offered changes in charges, the payee may also terminate this business relationship free of charge with immediate effect before the proposed date of entry into force of the changes. The Bank shall expressly draw the payee s attention to this right of termination in its offer. 3.6 With respect to charges and any change to such charges, the provisions set out in No.17 paragraphs 2 to 6 of the Bank's General Terms and Conditions shall remain applicable to payees who are not consumers. 4. Unique identifiers For the procedure, the payee must use the IBAN 4 issued to the payee by the Bank, plus for cross-border payments until 31 January 2016 the BIC 5 of the Bank as unique identifier and the IBAN 4 notified to him/her by the debtor, plus for cross-border payments (within the European Economic Area for the countries and territories listed in the "List of Prices and Services" until 31 January 2016) the BIC 5 of the debtor's payment service provider, as unique identifier of the debtor. The Bank shall be entitled to collect the SEPA B2B Direct Debits solely on the basis of the unique identifiers provided to it. 5. SEPA B2B Direct Debit mandate 5.1 The payee must obtain a SEPA B2B Direct Debit mandate from the debtor before submitting SEPA B2B Direct Debits. The SEPA B2B Direct Debit mandate must contain the following statements by the debtor: a statement authorizing the payee to collect payments from the debtor's account by SEPA B2B Direct Debit and a statement instructing the debtor s payment service provider to pay the SEPA B2B Direct Debits drawn by the payee on the debtor s account. For a SEPA B2B Direct Debit mandate the payee must use the authorization statement provided below or an identical text in an official language of the countries and territories listed in the "List of Prices and Services" in accordance with the rules EPC 6. The authorization statements are as follows: Authorization statement for recurrent payments: "SEPA B2B Direct Debit mandate By signing this mandate form, you authorize (A) {Name of Payee/Creditor} to send instructions to your bank /payment service provider to debit your account and (B) your bank/payment service provider to debit your account in accordance with the instructions from [Name of Payee/Creditor]. This mandate is only intended for business-to-business transactions. You are not entitled to a refund from your bank/payment service provider after your account has been debited, but you are entitled to request your bank/payment service provider not to debit your account up until the day on which the payment is due." Authorization statement for a one-off payment: "SEPA B2B Direct Debit mandate By signing this mandate form, you authorize (A) {Name of Payee/Creditor} to send instructions to your bank /payment service provider to debit your account and (B) your bank/payment service provider to debit your account in accordance with the instructions from [Name of Payee/Creditor]. This mandate is only intended for business-to-business transactions. You are not entitled to a refund from your bank/payment service provider after your account has been debited, but you are entitled to request your bank/payment service provider not to debit your account up until the day on which the payment is due." In addition to the authorization text, as a minimum the following details must be included in the SEPA B2B Direct Debit mandate: name of the payee the payee's creditor identifier (for payees based in Germany, this is issued by the Deutsche Bundesbank 7 ) name of the debtor the debtor's unique identifier (IBAN 4 and BIC 5 ) indication of whether the mandate is given for a one-off payment or recurrent payments date of the SEPA B2B Direct Debit mandate signature of the debtor Sample mandates are available on the Bank' website ( Business.de/sepa-lastschrift). The mandate reference assigned individually by the payee shall, in conjunction with the creditor identifier, uniquely identify each mandate shall be up to 35 alphanumerical digits long and As at 10/13

9 may form part of the mandate or must be subsequently notified to the debtor In addition to the above data, the SEPA B2B Direct Debit mandate may contain supplementary information. 5.2 Upon request, the payee shall make available within seven business days to the Bank the SEPA B2B Direct Debit mandate and, where required, additional information about the submitted SEPA B2B Direct Debits. 5.3 The payee shall be obligated to retain the SEPA B2B Direct Debit mandate given by the debtor including any amendments in the legally required form. The SEPA B2B Direct Debit mandate is valid for an indefinite period, provided that the last collection did not take place more than 36 months ago. After the SEPA B2B Direct Debit mandate has expired, the original must be kept for at least 14 months, counting from the submission date of the last SEPA B2B Direct Debit collected. 6. Pre-notification of the direct debit collection The payee must notify the debtor of the SEPA B2B Direct Debit collection no later than 14 calendar days before the due date of the SEPA B2B Direct Debit payment (e.g. by issuing an invoice); the payee and the debtor may also agree a different notification period. For recurrent direct debits for the same or fixed amounts, it shall be sufficient to notify the debtor once before the first direct debit collection and to state the relevant dates when payments will become due. 7. Submission of the SEPA B2B Direct Debit 7.1 The payee shall retain the SEPA B2B Direct Debit mandate issued by the debtor. The payee shall include the authorization data and any additional details in the data record for SEPA B2B Direct Debits. The respective direct debit amount and the date on which the direct debit payment is due shall be specified by the payee. 7.2 The payee shall transmit the data record for the collection of the SEPA B2B Direct Debit to the Bank electronically in compliance with the agreed submission periods. For this, the terms and conditions for data carrier exchange, remote data transmission and online-banking shall apply. The direct debit must be tagged as follows: "B2B" in the "code" element of the "local instrument" element group. The debtor's payment service provider shall be entitled to process the direct debit according to how it is tagged. 7.3 The due date specified in the data record must be a business day of the Bank. If the due date specified by the payee in the data record is not a business day of the Bank, the Bank shall be entitled to specify the following business day as the due date. The business days of the Bank are shown in the "List of Prices and Services". 7.4 If the payee does not submit any SEPA B2B Direct Debit under a SEPA B2B Direct Debit Mandate within a period of 36 months (calculated from the due date of the last SEPA B2B Direct Debit submitted), he/she must cease collecting direct debits under this mandate and shall be obligated to obtain a new SEPA B2B Direct Debit mandate if he/she wishes to collect SEPA B2B Direct Debits from the debtor thereafter. The Bank and the payment service provider shall not be obligated to verify compliance with the measure referred to in sentence The Bank shall send the SEPA B2B Direct Debit, if submitted punctually and properly, to the debtor's payment service provider so that the payment can be debited on the due date contained in the direct debit data record. 10. Returned direct debits 10.1 If a direct debit is not paid by the debtor s payment service provider, the Bank shall cancel the conditional credit entry. It shall do so irrespective of whether a periodic balance statement has been issued in the meantime SEPA B2B Direct Debits that are redebited may not be submitted again for collection. 11. Notification 11.1 The Bank shall notify the payee at least once a month about the execution of the SEPA B2B Direct Debit orders and returned direct debits through the agreed account information channel In derogation to 11.1, if payees are not consumers, the frequency, form and method of account information agreed upon between the customer (payee) and the Bank shall be observed. In this respect, changes may be made at any time and are communicated between the customer and the Bank with adequate prior notification Supplementary to No. 11.2, in their case, the notification for direct debit amounts that are credited collectively shall only show the total amount to be collected and not the individual payment transactions. 12. Payee's entitlement to refund 12.1 The payee shall notify the Bank without delay upon detecting any incorrectly executed SEPA B2B Direct Debit collections In the event of non-execution or incorrect execution of a SEPA B2B Direct Debit, the payee may request the Bank to send it - again, if necessary - without delay to the debtor's payment service provider In addition to the entitlement stipulated No. 12.2, the payee may request the Bank to refund any charges and interest it levied on him/her or debited to his/her account in connection with the non-execution or incorrect execution of a SEPA B2B Direct Debit. 13. Payee's entitlement to compensation 13.1 If a direct debit collection order is not executed or not executed correctly, the payee may request the Bank to provide compensation for any loss or damage incurred as a result. This shall not apply if the Bank is not responsible for the neglect of duty. If the payee has contributed to the occurrence of any loss or damage through culpable conduct, the principles of contributory negligence shall determine the extent to which the Bank and the payee must bear the loss or damage If the payee is not a consumer, the Bank s liability for any loss or damage shall be limited to the amount of the direct debit amount. Where consequential loss or damage is involved, liability shall, in addition, be limited to a maximum of EUR 12,500 per direct debit. These limitations on liability shall not apply to deliberate intent or gross negligence by the Bank or to risks which the Bank has assumed on an exceptional basis. 8. Submission periods 8.1 Certain submission periods must be observed before the due date when submitting SEPA B2B Direct Debits. These, as well as the business days, are specified in the "List of Prices and Services". 9. Collection of the direct debit and execution of the payment transaction 9.1 When SEPA B2B Direct Debits are used, the direct debit data may be forwarded by the Bank to the debtor s payment service provider through the message transmission system of the Society for Worldwide Interbank Financial Telecommunications (SWIFT), which is based in Belgium and has operating centers in the European Union, Switzerland and the United States. 9.2 The debtor s payment service provider remits the amount debited by it to the debtor s account on the basis of the SEPA B2B Direct Debit to the Bank. 9.3 Payments of part of the amounts receivable shall not be made under the SEPA B2B Direct Debit procedure. 9.4 In the case of a bulk collection order of the total amount, the direct debit amounts are collected and credited to the payee's account "Eingang vorbehalten" ["subject to receipt of funds"] (conditional credit entry) As at 10/13

10 14. Exclusion of liability and objections Any claims of the payee under Nos and 12.3 and any objections of the payee against the Bank due to non-execution or incorrect execution of collection orders shall be excluded, if the payee fails to inform the Bank thereof within a period of 13 months at the latest after being debited for an incorrectly executed collection transaction. This period shall start to run only once the Bank has informed the payee about the transaction through the agreed account information channel no later than one month after the debit entry was made; otherwise the date on which the payee is informed shall determine when the period commences. 15. Miscellaneous 15.1 Unless otherwise agreed and in derogation to No 26 paragraph. 1 sentence 3 of the Bank's General Terms and Conditions, the Bank's minimum notice period for termination of two months shall apply to payees who are not consumers For the settlement of disputes with the Bank, the payee may apply to the arbitration or complaints offices specified in the "List of Prices and Services". 16. Data protection/bank secrecy The payee agrees that the Bank transfers his/her name and address to the debtor's paying agent if the paying agent claims vis-à-vis the Bank that there are unjust enrichment claims of the debtor against the payee. To this extent, the payee shall release the Bank also from banking secrecy. Footnotes 1) The "SEPA Business to Business Direct Debit Scheme Rulebook" can be viewed on or downloaded from the website of the European Payments Council at 2) Section 13 of the German Civil code (BGB): A consumer means every natural person who enters into a legal transaction for a purpose that is outside his/her trade, business or profession. 4) International Bank Account Number 5) Business Identifier Code 6) see also at 7) see also at: As at 10/13

11 Landesbank Baden-Württemberg Headquarters Stuttgart Stuttgart, Germany Am Hauptbahnhof Stuttgart, Germany Phone +49 (0) Fax +49 (0) Karlsruhe Karlsruhe, Germany Ludwig-Erhard-Allee Karlsruhe, Germany Phone +49 (0) Fax +49 (0) Mannheim P.O. Box Mannheim, Germany Augustaanlage Mannheim, Germany Phone +49 (0) Fax +49 (0) Mainz Mainz, Germany Große Bleiche Mainz, Germany Phone +49 (0) Fax +49 (0) Landesbank Baden-Württemberg As at 10/13

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