Regulations on bank accounts for individual customers at BNP Paribas Bank Polska SA

Transcription

1 I. PRELIMINARY PROVISIONS 1. SCOPE OF THE REGULATIONS 1. The Regulations specify the conditions on which the Bank maintains Accounts for Customers and renders electronic banking services. 2. The Bank maintains, after concluding relevant agreements and on the basis thereof, the following customer Accounts: a) Personal Accounts, b) Savings Accounts, c) Term Deposit Accounts; d) Foreign Currency (FC) Accounts; e) Trust Accounts, f) Individual Retirement Accounts (IKE). 3. The Bank provides Customers with electronic banking services which specifically include Cards, the System, Mobile mobile banking, Contact Centre or Customer Service 4. When opening a Bank Account, the Bank undertakes towards the Account Holder to keep his/her funds for the period indicated in the Bank Account Agreement and to make, to his/her order and upon an Instruction, cash settlements, unless the Regulations or the Bank Account Agreement provides otherwise. 5. Any provisions of the Regulations applicable to transactions shall be applied to PSD Transactions, unless the Regulations provide otherwise. 2. DEFINITIONS Terms and expressions used in these Regulations shall have the following respective meaning: 1. Bank BNP Paribas Bank Polska SA with its registered office in Warsaw, at ul. Suwak 3, entered in the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under KRS entry no Bank-o-phone an automated self-service telephone system, a part of the Bank s Contact Centre, that operates based on the previously recorded voice messages; once the User gets through to the Bank-o-phone, s/he enters instructions using the telephone keyboard; the Bank-o-phone facility also enables the User to connect with the Consultant Service; 3. Mobile Pl@net mobile banking one of the electronic access channels that provides access to the Account through a mobile phone with the functionalities detailed on the Website; 4. Contact Centre a service that enables registered Users to obtain, over the phone, round-the-clock access to Bank Accounts as regards receiving information on Bank Account balances and making Instructions; 5. Value date moment of time from which or until which the Bank calculates interest on the funds that debited or credited the Bank Account; 6. Authorised Debit Balance a limit granted by the Bank up to which the Account Holder may submit Instructions exceeding the balance of funds deposited in his/her Personal Account; 7. Available Balance total funds deposited in the Bank Account, increased by funds the Bank makes available under credit facilities attached to the Bank Account and Authorised Debit Balance, reduced by all holds put by the Bank on the Bank Account; 8. Instruction an order given to the Bank by the Account Holder in the way provided for in the Regulations or in the Bank Account Agreement - to make settlements specified therein, in particular cash deposits, cash withdrawals, to make transfers of pecuniary funds via a transfer order, including a standing order and direct debit, to make a settlement using a Card, likewise open or break a Term Deposit or perform other account maintenance operations; 9. Business Day any weekday from Monday through Friday, excluding public holidays, when the Bank performs its activity under the Regulations, taking into account working time of the Bank Units and the Bank s system. Working time of the Bank Units and the Bank s system is available in the Bank Units, the Contact Centre, the Customer Service Contact Centre and on the Website; 10. Electronic Access Channels technical and functional solutions provided by the Bank, which enable the User to access his/her Account through hard-wired or wireless connection devices, to order transactions and other actions initiated by the User; detailed information regarding functionality and maintenance of Electronic Access Channels can be obtained in the Bank Units, on the Website, through the Contact Centre or the Customer Service Contact Centre; 11. Cut-off Time an hour on the Business Day determined for particular outgoing payment transactions (i.e. transactions where the Bank sends the funds to the recipient bank), after which any Instructions received to calculate the date of effecting a transaction are deemed received on the next Business Day. A list of Cut-off Times for specific transactions is available in the Bank Units, on the Website, through the Contact Centre and the Customer Service Contact Centre; 12. Bank Unit the Bank s branch, sub-branch or the Bank s franchise branch, in which the Bank s activity is conducted. A list of all Bank Units is available on the Website, through the Contact Centre or the Customer Service Contact Centre and in each Bank Unit; 13. Card a payment card issued by the Bank for Personal Account; 14. Personal Data Form a document which contains personal data and specimen signature of the Account Holder or the Proxy authorised to give written instructions; 15. Customer a consumer within the meaning of the provisions of the Civil Code; 16. Civil Code Civil Code Act of 23 April 1964 (Journal of Laws, No. 16, item 93, as amended) including amendments to the act and each law superseding this act; 17. Personal Account savings and checking account within the meaning of the Banking Law regulations, used to deposit money in PLN currency and make cash settlements, excluding settlements related to business activity; 18. Cross Rate an FX rate applied by the Bank to exchange one Currency into another; the exchange is made in such a way that one Currency is converted at a buy rate applied by the Bank, and then thus calculated PLN amount is exchanged into a target Currency at a sell rate applied by the Bank; 19. Term Deposit funds in PLN or a Foreign Currency, deposited for a specified period in the Term Deposit Account appropriate for a given currency; 20. Unauthorised Debit Balance the debt the Account Holder owes to the Bank which exceeds the Available Balance, arising in particular from settlement of Instructions against the Account or debiting the Account with the amount of commissions or fees due to the Bank; 21. NRB/IBAN bank account number/international bank account number, a unique identifier for a bank account used to identify it in transactions. 22. BEN Charging Option a charging option according to which all commissions and fees of all banks that participate in effecting a transfer are paid by the payee; 23. OUR Charging Option a charging option according to which the payer pays all bank commissions and fees due on account of effecting a transfer, including costs of intermediary banks; 24. SHA Charging Option a charging option according to which all charges and commissions due to the sending bank are paid by the payer, while all costs of the recipient bank and intermediary banks are paid by the payee; 25. Member State a member state of the European Union or the European Free Trade Association (EFTA) - a party to the agreement on the European Economic Area; 26. Proxy an individual (natural person) duly authorised by the Account Holder; 27. Account Holder a Customer, a party to the Bank Account Agreement; any provisions of the Regulations applicable to the Account Holder shall be applied respectively to the Proxy to the extent the Proxy is authorised to administer the Bank Account; 28. Joint Account Holder Account Holder who is a party to the Bank Account Agreement, under which the Bank maintains a Joint Account; 29. Trustee a Trust Account Holder; 30. Banking Law Banking Law Act of 29 August 1997 (i.e. Journal of Laws of 2002, no. 72, item 665, as amended) including amendments to the act and each law superseding this act; 31. Currency Conversion foreign Currency exchange made by the Bank and upon its consent at the Bank s buy/sell rate applicable at the moment the Bank proceeds to carry out an Instruction, or, at the Cross Rate in the case one Currency is exchanged into another Currency; FX rates applied by the Bank are based on the current foreign exchange rates on the interbank market adjusted by the Bank s fixed margin expressed as a percentage; FX rates and margins for specific currencies expressed as a spread are available in the Bank Units, on the Website, through the Contact Centre and the Customer Service Contact Centre; 32. Bank Account Personal Account, Savings Account, Term Deposit Account, Foreign Currency (FC) Account, Individual Retirement Account (IKE) or any other bank account opened by the Bank under the respective Bank Account Agreement; 33. Individual Retirement Account (IKE) savings account maintained in PLN pursuant to the provisions defined in the IKE Act; 34. Term Deposit Account a savings account in which deposits are held for a fixed term within the meaning of the Banking Law, used for the term deposits only, maintained by the Bank under the Bank Account Agreement; 35. Savings Account savings-type account within the meaning of the Banking Law regulations, used exclusively to accumulate funds. The Account Holder is not allowed to make any settlements related to payment of his/her liabilities through this account; 36. Trust Account a bank account designated only for accumulating the funds entrusted to the Trustee by the third-party under a separate agreement; 37. Foreign Currency (FC) Account an Account designated to accumulate funds in Currencies, payable on demand, and to make cash settlements; 38. Joint Account Personal Account, Term Deposit Account, Foreign Currency (FC) Account or Savings Account maintained by the Bank for the benefit of two Account Holders at least; 39. Regulations these Regulations on Bank Accounts for Individual Customers at BNP Paribas Bank Polska SA; 40. Consultant Service the Bank s telephone service, a part of the Contact Centre, operated by the Bank s employee; the connection with the Consultant Service is established through the Bank-o-phone; 41. Website the Bank s Internet site: Pl@net system Internet banking system; 43. Table of Commissions and Fees the Table of Commissions and Fees for Bank Activities Rendered to Natural Persons (pursuing no business activity) which includes a list of commissions and fees charged to the Account Holder or any other list of commissions and fees which will substitute the Table; 44. Customer Service Contact Centre a generally available, round-the-clock Bank s helpline to provide Customers with information about banking products and to execute specific Customer Instructions. 45. PSD Transactions transactions in PLN, EUR or other currency of a Member State, effected on the territory of the Republic of Poland or in trading with Member States; 46. Read-only Data Carrier a carrier which enables the Account Holder to store information addressed to him/her in a way accessible for future reference for a period of time adequate for the purposes of information preparation and which allows an unchanged reproduction of the information stored; 47. Bank Account Agreement a bank account agreement under which the Bank maintains a respective account; 48. IKE Act the act on individual retirement accounts (IKE) and individual pension security accounts (IKZE) of 20 April 2004 (Journal of Laws of 2004, No. 116, item 1025) and secondary regulations issued on the basis thereof; 49. User the Account Holder granted access to his/her Account by the Bank by means of the selected Electronic Access Channel, or the Proxy to whom, upon consent of the Account Holder, the Bank granted access to the Account via the selected Electronic Access Channel; 50. Currency monetary values that are a legal tender outside the territory of the Republic of Poland and included in the list of convertible currencies published by the President of the National Bank of Poland. 3. PERSONAL ACCOUNT 1. For maintenance of the Personal Account, the Bank shall charge commissions and fees as specified in the Bank Account Agreement, Regulations and Table of Commissions and Fees. 2. Within the Personal Account and under the Bank Account Agreement the Bank makes Authorised Debit Balance available to the Account Holder. 3. The Account Holder s failure to meet the terms and conditions required by the Bank to maintain a specific type of Personal Account for other reasons than change of such terms and conditions by the Bank, entitles the Bank to terminate the Bank Account Agreement, unless the Parties decide otherwise. 4. SAVINGS ACCOUNTS 1. The Account Holder may open Savings Accounts at the Bank in the selected currency, after concluding a Bank Account Agreement. The Agreement, the Regulations and the Table of Commissions and Fees govern the manner in which the Bank maintains the Savings Account. 2. Instructions regarding standing orders and direct debits may not be submitted for Savings Accounts. 3. The Bank may set a minimum payment or withdrawal amount for the Savings Account. A Savings Account shall be opened by the Bank provided that the Account Holder has paid the required minimum amount in the Bank Unit within 30 days of the Bank Account Agreement conclusion date or sufficient funds are available in the Account Holder s Personal Account or FC Account. The Personal Account or FC Account shall be debited upon an Instruction given by the Account Holder. 4. Information on the currently applicable terms and conditions under which Savings Accounts may be opened with the Bank, including the minimum payment and withdrawal amount, are available in the Bank Units, on the Website through the Contact Centre and the Customer Service 5. JOINT ACCOUNT 1. The Bank shall maintain a Joint Account provided that all Joint Account Holders enter into the Bank Account Agreement with the Bank. 2. Joint Account Holders shall be held jointly liable towards the Bank for all liabilities arising under the Bank Account maintained for them by the Bank. 3. Each of Joint Account Holders may independently appoint and revoke a Proxy to their Joint Account. 4. Instructions given by each of Joint Account Holders shall be carried out by the Bank in the order in which they are submitted, taking into account the type of Instruction and the manner in which they were submitted. In particular, the Bank in the first place may start with carrying out the Instructions submitted through Electronic Access Channels, even though such Instructions were received later than those placed in the Bank Unit. The Bank may refuse to effect an Instruction when its execution is not possible due to prior execution of another Instruction pursuant to the rules specified above. 5. In the event Joint Account Holders place at the same time Instructions which are mutually exclusive, the Bank shall, at its sole discretion, decide which Instruction should be effected. 6. POWER OF ATTORNEY 1. The Account Holder may appoint a Proxy to the Bank Account. 2. The manner and scope in which the Proxy may use the Account is specified in the respective power of attorney granted to the Proxy; however, the Proxy may not: a) amend or terminate the Account Agreement, unless the special power of attorney states otherwise; b) give further powers of attorney; c) assign any rights under the Bank Account Agreement; d) create a pay-on-death designation; e) provide access to Electronic Access Channels; f) change the mailing address and the way of delivering the Account correspondence. 3. The Proxy may make an Instruction to withdraw the Term Deposit amount before the agreed maturity date. 4. Respective provisions of the Regulations shall apply accordingly and specify how the Bank should carry out mutually exclusive Instructions the Joint Account Holders or the Joint Account Holder and the Proxy submitted at the same time. 5. A Power of Attorney should be made in writing, otherwise it shall be deemed null and void. If the Power of Attorney is not made on a bank form and in the presence of the Bank s employee, the Account Holder s signature put on the power of attorney document must be notarised. This requirement does not apply to a power of attorney granted to another bank in relation to a request for moving the Personal Account to this bank. In such a case, the signature of the Account Holder put on the power of attorney must correspond with the specimen signature supplied to the Bank. 6. The Bank may refuse to execute the Instruction received from a person posing as a Proxy to the Bank Account, should the Bank be in doubt as to the correctness of the power of attorney and its scope, likewise identity of such a person. 1/6

2 7. SPECIMEN SIGNATURE 1. The Bank keeps the Personal Data Form or other document where all individuals authorised to give written Instructions put their specimen signatures (hereinafter jointly referred to as the Personal Data Form). 2. Written Instructions given by the Account Holder with respect to the Bank Account shall be carried out by the Bank only when the signature placed in the Instruction agrees with the specimen signature in the Personal Data Form. The Bank has the right to refuse to carry out the Instruction bearing the signature that differs from the specimen signature put in the Personal Data Form. 3. The Bank may also adopt other methods to establish the identity of the Account Holder, in particular by using electronic devices or electronic data carriers to be used together with specimen signatures put in the Personal Data Form or instead. II. ACCOUNT INTEREST RATE 8. INTEREST RATE 1. Interest for the funds deposited in the Account shall be calculated at a fixed or variable interest rate on an annual basis. 2. Interest is calculated for an actual number of days the funds have been kept in the Bank Account, starting from the day the Bank Account was credited with funds (this day inclusive) until the day the Bank Account was debited (this day exclusive). In the case of incoming transactions, the beginning of the term of calculating interest on the Account is the Business Day during which the Bank received the funds for the Account Holder. Interest on the funds deposited in the Account is calculated on a 365-day year basis. 3. Interest calculated on the funds accumulated in the Personal Account is capitalised, i.e. added to the Bank Account balance, on the last day of each calendar quarter, and if such a day is not a Business Day, then on the next Business Day following that day. 4. Interest accrued on the funds deposited in a Savings Account is added to the account balance, i.e. capitalised, on the last day of each calendar month, and if such a day is not a Business Day, then on the nearest Business Day following that day. However, as regards the IKE Account, interest is added to the account balance (capitalised) after the lapse of one Business Day, while as regards Savings Account - Sejf and EuroSejf products, the interest is added to the account balance (capitalised) on the last day of each calendar quarter, and if such a day is not a Business Day, then on the next Business Day following that date. 5. Interest calculated on the funds accumulated on the FC Account is capitalised on 30 June each year, and if such a day is not a Business Day, then on the nearest Business Day following that day. 6. Subject to the provisions regarding Term Deposits, if the Bank Account Agreement is terminated or expires before the interest capitalisation date, interest shall be capitalised upon termination or expiry of the agreement, respectively, and if such a date is not a Business Day, then on the nearest Business Day following that date. 7. In the event a variable interest rate, not based on the published base rate (e.g. WIBOR, LIBOR or EURIBOR), is applied, the Bank informs the Account Holder about the proposed change of the interest rate for the Bank Account not later than two (2) months prior to the proposed date of this change indicated in the notification. Interest rate is changed in a manner applicable in the Regulations. 8. The Bank Account interest rate, which is not based on the published base rate, may be changed should at least one of the following circumstances occur: a) change of any of the following rates: lombard credit interest rate, rediscount rate of promissory notes/bills of exchange, reference rate, deposit rate, set by the Monetary Policy Council, published by the National Bank of Poland, by at least 0.01 percentage point; b) change of the mandatory reserve rate, set by the Monetary Policy Council, published by the National Bank of Poland, by at least 0.01 percentage point; c) change in the YOY inflation rate announced by the Central Statistical Office by at least 0.01 percentage point; d) change of any of the following rates: interest rate of one-month loans on the Polish interbank market (WIBOR 1M) or interest rate of one-month deposits on the Polish interbank market (WIBID 1M), or market yield of 1Y Treasury bills or market yield of the State Treasury bonds, by at least 0.01 percentage point. The change should be understood as a change in the value of a given parameter as at the end of a Business Day compared to the value of the same parameter as at the end of any Business Day within the preceding three (3) months; e) change of any of the following rates: interest rate of one-month loans on the London interbank market (LIBOR 1M) or interest rate of one-month loans in the Euro zone (EURIBOR 1M), by at least percentage point. The change should be understood as a change in the value of a given parameter as at the end of a Business Day compared to the value of the same parameter as at the end of any Business Day within the preceding three (3) months. 9. The interest rate may be changed only in line with the direction of and by the amount by which the ratio that initiated the change has been altered. 10. The interest rate may be changed only once per calendar quarter and may not be made after more than three (3) months following the occurrence of the circumstance that justified the change. 11. The Account Holder may be informed about the change of the interest rate in the following manner: in paper, on a Read-only Data Carrier, by the Pl@net System or, at the Account Holder s request, via electronic mail or an SMS. If the interest rate changes for the benefit of the Account Holder, a prior notification is not required for it to be effective, and information about the interest rate applied at the Bank is available in the Bank Units, on the Website, through the Contact Centre or the Customer Service 12. In the event a variable interest rate, based on the published base rate (i.e. lombard credit interest rate, rediscount rate of promissory notes/bills of exchange, reference rate, mandatory reserve rate, deposit rate, market yield of 1Y Treasury bills, market yield of the State Treasury bonds, inflation rate, WIBID, WIBOR, EURIBOR or LIBOR) is applied, the value of interest rate shall decrease automatically along with a decrease of the base rate or automatically increase along with an increase of the base rate (excluding the mandatory reserve rate whose increase causes a decrease of interest rate, and a decrease causes an interest rate increase) by the value equal to the change of a given base rate, without a prior separate notification of the Account Holder on the interest rate change by the Bank. 13. The interest rate table and information about the interest rate applied at the Bank can be obtained in the Bank Units, on the Website, through the Contact Centre or the Customer Service III. TERM DEPOSITS 9. TERM DEPOSIT ACCEPTANCE CONDITIONS 1. The Account Holder may open Term Deposits with the Bank in a respective currency, after concluding the Bank Account Agreement and on the basis thereof. 2. To open specific Term Deposits, the Bank uses funds available in a Personal Account or Foreign Currency Account or funds transferred to the Bank to fund a Term Deposit upon the relevant Instruction of the Account Holder. 3. Instruction to open the Term Deposit should, in particular, specify the following: a) Term Deposit type selected from the types of deposits currently available at the Bank; b) Term Deposit maturity period selected from periods currently offered by the Bank; c) Term Deposit amount and currency; d) the manner in which the Term Deposit principal and interest accrued on the Term Deposit principal are to be disposed of upon maturity. 4. In the event that the last day of the Term Deposit maturity is not a Business Day, the Term Deposit shall mature upon the nearest Business Day following that day. 5. The Bank shall each time confirm to the Account Holder that a Term Deposit has been opened and specify the terms and conditions under which it was opened. 6. The information on the terms and conditions applicable to the opening of Term Deposits in the Bank can be obtained in the Bank Units, on the Website, in the Pl@net System, through the Contact Centre and the Customer Service 10. TYPES OF TERM DEPOSITS 1. A Term Deposit may be either non-revolving or revolving. 2. The Account Holder may decide how to dispose of the revolving Term Deposit principal and interest accrued, choosing one of the following ways: a) roll over the Term Deposit with the same maturity for the Term Deposit principal and transfer interest accrued to the Personal Account or FC Account or another account indicated by the Account Holder on the roll-over day or request withdrawal of the funds in cash in the Bank Unit; b) roll over the Term Deposit with the same maturity and for the Term Deposit amount increased by interest accrued for the recent term period; c) transfer the Term Deposit principal and interest accrued to the Personal Account or FC Account or another account indicated by the Account Holder on the roll-over day or request withdrawal of the funds in cash in the Bank Unit. 3. For non-revolving Term Deposits, upon the date of a declared maturity, the amount of the Term Deposit, together with interest accrued, shall be put at the Account Holder s disposal. 4. Term Deposit amounts put at the Account Holder s disposal together with interest accrued shall no longer bear interest. 11. BREAKING TERM DEPOSITS 1. The Account Holder may place an Instruction to withdraw the Term Deposit amount before the declared deposit maturity, which means breaking a Term Deposit. 2. Breaking the Term Deposit results in: a) reduction in the Term Deposit interest rate for the entire term of the term deposit; the reduced interest rate amount can be found in the Bank Units, on the Website, through the Consultant Service or the Customer Service b) putting the Term Deposit amount together with interest accrued at the Account Holder s disposal; the said amount shall no longer bear interest. 12. AUTOMATIC OVERNIGHT DEPOSIT 1. Under the Personal Account Agreement, the Parties may place an Instruction to open automatic overnight deposits i.e. at the end of each Business Day the Bank shall use the funds deposited in Personal Account at the end of each Business Day to open a Term Deposit to mature on the next Business Day; at the beginning of the next Business Day, the amount of Term Deposit (Automatic Overnight Deposit) shall be transferred back to the Personal Account. Interest accrued on the Automatic Overnight Deposit shall be credited by the Bank to the Personal Account at the end of the day on which the Term Deposit matures. 2. Upon placement of an Automatic Overnight Deposit Instruction by the Account Holder, the Bank shall open, automatically, without the need to obtain additional Instructions from the Account Holder, a Term Deposit Account to keep the Automatic Overnight Deposit amount. 3. The Bank opens the Automatic Overnight Deposit at the end of each Business Day without any separate Instructions whenever at least the threshold amount is available as at the end of the day in the Account covered by the Bank Account Agreement. 4. Only the amount excluded from the Automatic Overnight Deposit is left in the Bank Account of the Account Holder, hence the amount available in the Bank Account, reduced by the excluded amount is used to open the deposit. 5. The threshold amount required for opening an Automatic Overnight Deposit, likewise the minimum amount excluded from an Automatic Overnight Deposit is determined by the relevant Order of the President of BNP Paribas Bank Polska SA Board of Executives. 6. The information on the current Automatic Overnight Deposit interest rate, the threshold amount and the excluded amount determined by the Bank is available in the Bank Units, on the Website, or through the Consultant Service. IV. SETTLEMENT RULES AND METHODS 13. GENERAL PRINCIPLES FOR CARRYING OUT INSTRUCTIONS 1. The Account Holder may use the funds accumulated in his/her Bank Account up to the Available Balance. 2. The Bank receives an Instruction at the moment the Bank is provided with an Instruction specifying correct data directly by the Account Holder or by the payee or through the agency of the payee (e.g. by a card terminal). Depending on the form of Instructions made, this moment falls when: a) the Bank receives a written or oral Instruction, b) the Bank receives an Instruction through the Contact Centre, c) the Bank receives an Instruction through the Customer Service Contact Centre, d) the moment a correctly made and authorised Instruction is entered into an electronic communication channel in a manner that enables the Bank to read it - for Instructions made via the Pl@net System or Mobile Pl@net mobile banking application. 3. In the event the Instruction is made on a day which is not a Business Day or is made after the Cut-off Time of a Business Day, it shall be deemed that the Bank received the Instruction on the nearest Business Day following the day on which it is made only for calculating the Instruction execution dates. 4. If the Instruction is to be effected on the day indicated by the Account Holder (future-dated Instruction), it shall be deemed that the Bank received the Instruction on the day indicated as its execution day only for calculating the Instruction execution dates. In the event it is not a Business Day for the Bank, it shall be deemed that the Bank received the Instruction on the nearest Business Day following that day for calculating the Instruction execution dates. 5. Subject to other provisions of the Regulations, the Bank may refuse to carry out the authorised Instruction if: a) it is against the law, or b) the Account Holder failed to provide the Bank with the information or documents necessary for the Bank to fulfil its obligations with respect to carrying out the Instruction or the information given by the Account Holder were incorrect; or c) the funds on the Bank Account, within the Authorised Balance, are insufficient to carry out the Instruction and cover the Bank s fees related to carrying out such Instruction; or d) there is a reasonable suspicion that the Instruction made is related to financing terrorist acts or criminal activity, or if the payee in such an Instruction is an entity from the country (area) subject to economic or political sanctions recognised by the international community; or e) the amount indicated in the Instruction exceeds the limits set for a given Instruction or Account or a given Electronic Access Channel; or f) the Bank effected the Instruction of the Joint Account Holder that excluded effecting the Instruction made at the same time by the second Joint Account Holder; or g) the Bank effected the Instruction of the Account Holder or the Proxy that excluded effecting the Instruction made at the same time by the Account Holder or the Proxy, respectively; or h) funds of the Account were put on hold and effecting the Instruction in full amount is not possible; or i) all information, marked as required, in the form used to make the Instruction (including the electronic form) was not given or the information given was incorrect, or j) the bank of the payee does not maintain an account in the currency in which the transaction is initiated; or k) the Account Holder orders a transfer into an account held with the Bank, effecting of which would require double Currency Conversion. An Instruction whose execution is refused is considered not received. The Bank shall inform the Account Holder about the refusal to effect an Instruction, and if possible, about the refusal reasons and a procedure of remedying errors that caused the refusal, through the Pl@net system, , sending an SMS message or by phone immediately, however, not later than on the date assigned for the transaction execution as specified in the Regulations, unless such a notification could result in breaking the law provisions by the Bank. 6. The Bank has the right to set the maximum value of a single cash withdrawal from the Account which can be made without a prior notice to the Bank. The information on the amount of such cash withdrawal can be obtained in the Bank Units, on the Website or through the Consultant Service, and also via the Customer Service If the Account Holder fails to inform the Bank in advance about a cash withdrawal that exceeds the amount determined above, the Bank has the right to refuse to carry out such cash withdrawal. At the same time, the Bank will specify a date when the withdrawal will be executed, whereas the time limit will not be longer than the required period of a prior notice. 7. In the event the Account Holder intends to withdraw from the Bank Account the funds exceeding the maximum value of a single cash withdrawal acceptable without a prior notice to the Bank, the Account Holder shall advise the Bank Unit of his/her intention to withdraw such funds at least two Business Days preceding the planned date of withdrawal. 8. To secure the funds deposited with the Bank, the Bank has the right to specify the following: a) the Instruction amount, which, when exceeded, requires the Bank to take additional steps to confirm that such an Instruction was authorised by the Account Holder; the Instruction is confirmed as specified by the Bank; If there is no such confirmation, the Bank refuses to make the Instruction. b) a daily limit of cash withdrawals from the Bank Account made with a Card or a daily limit of card transactions 2/6

3 charged to the Bank Account; c) a daily/amount limit for a single Instruction carried out via Electronic Access Channels. Information on the value of the amounts and limits specified above can be obtained in the Bank Units, on the Website, through the Consultant Service or the Customer Service Contact Centre. 9. Instructions which require exchange of Currencies are carried out after a Currency Conversion. To this end, foreign exchange rates binding at the Bank at the moment of making the Instruction, are applicable. Information on the current foreign exchange rates applicable at the Bank Account can be obtained in the Bank Units, on the Website, through the Contact Centre or the Customer Service Foreign exchange rates applicable in Currency Conversion are modified automatically when foreign exchange rates binding at the Bank change. A prior notification of the Account Holder is not required. 10. In the case of executing PSD Transactions, the Account Holder pays fees set in the Bank Account Agreement and the Table of Commissions and Fees, while the Instruction payer/payee - fees agreed upon with his/her bank or other payment services provider. This means that the Account Holder may order to execute a PSD Transaction only using the SHA Charging Option. If the Account Holder orders a PSD Transaction with OUR or BEN Charging Option, the Bank shall change it into SHA Charging Option and charge the Account Holder a fee arising from using SHA Charging Option. 11. Transactions other that PSD Transactions are executed with OUR Charging Option (fees and commissions are paid only by the transaction payer) or BEN Charging Option (fees and commissions are paid by transaction payee) - according to the payer s choice. The Account Holder shall pay any other fees or commissions calculated by other banks or payment services providers for executing such a transaction. 12. In the event an incorrect posting is made in the Account, the Bank reserves the right to adjust such a posting without having to obtain the Account Holder s consent, and if the Account has been credited as a result of an incorrect posting, the Account Holder shall immediately return unduly received funds to the Bank. The Bank has the right to deduct the receivables due to the Bank from the Account Holder on account of an undue amount posted to its Account from the receivables due to the Account Holder from the Bank under the Bank Account Agreement. 14. SUBMITTING INSTRUCTIONS AND TRANSACTION AUTHORISATION 1. The following types of Instructions are acceptable by the Bank: a) in writing made in the Bank Unit, prepared on appropriate forms named accordingly as per the type of Instruction; or b) verbally in the Bank Unit, in the case of cash deposits/ withdrawals and Term Deposits opening/breaking; or c) electronically via Electronic Access Channels. 2. The Customer gives his/her consent (authorisation) to execute the Instruction: a) in the case of written direct debit Instructions at the moment of providing the Bank by the Account Holder or payee (the Account Holder creditor) or the payee bank with an Instruction form filled in and signed by the Account Holder, b) in the case of other written Instructions at the moment of providing the Bank with an Instruction form filled in and signed by the Account Holder, c) for oral Instructions at the moment the Customer signs a confirmation of making cash payment or withdrawal and confirmation of opening or breaking a Term Deposit, d) for Instructions made via Electronic Access Channels: the Pl@net system through entering by the User after filling in an electronic Instruction form an SMS code sent by the Bank and confirmation of the Instruction execution or depending on the solution adopted in the Agreement through signing the Instruction with an electronic signature, and for: opening Term Deposits, submitting an Instruction to effect a transfer between Bank Accounts held by the same Account Holder, instructions made to repay the debt on account of a credit card of the Account Holder, by making such an Instruction on an electronic form. Contact Centre - through confirming, during a telephone conversation, an Instruction made orally, after a prior identification of the User in the Customer Service Contact Centre - by making an Instruction during a telephone conversation with a consultant, upon the prior verification of the User s identity. Mobile Pl@net mobile banking through entering by the User after filling in an electronic Instruction form a PIN code generated during activation process by the User via the Pl@net system and upon confirmation of the Instruction execution, and in the case of: opening Term Deposits, submitting an Instruction to effect a transfer between Bank Accounts held by the same Account Holder, Instructions made to repay the debt on account of a credit card of the Account Holder, by making such Instruction on an electronic form in the Mobile Pl@net application. 3. If execution of an Instruction requires a Currency Conversion, an authorisation for an Instruction execution encompasses also a consent to a Currency Conversion. 4. In the case an Instruction concerns a standing order or direct debit, the Account Holder s consent to effecting an Instruction applies to all transactions following one another according to the conditions stipulated in an Instruction until the Account Holder s consent is withheld or its validity term expires if the consent has been granted for a definite period of time. 5. Unless further provisions of the Regulations stipulate otherwise, an Instruction may not be cancelled (which means no possibility of withdrawing its authorisation) from the moment it is received by the Bank, unless the Bank grants its consent to cancelling an Instruction after this time. 15. FORMS OF SETTLEMENTS 1. Settlements made by the Bank may be carried out both in a cash and non-cash form, subject to other provisions of the Regulations. 2. Cash settlements are carried out in the Bank Units by crediting the payee bank account with the amount due or debiting an appropriate amount to the Account Holder s Account. 3. Non-cash settlements are carried out through: a) transfer order, or b) direct debit, or c) using a Card. 16. TRANSFER ORDERS 1. When effecting a transfer order Instruction, the Bank shall debit the Account Holder s Account with the amount specified in the Instruction or its equivalent in the currency of the Account indicated for debiting and credit with this amount the account of the transfer s payee indicated in the Instruction, or shall transfer the amount to the bank or other payment services provider of the transfer payee. 2. The Account Holder may cancel an Instruction for a future-dated transfer (what means withdrawal of its authorisation) not later than until the end of the Business Day preceding the agreed day of debiting the Bank Account of the Account Holder, unless the Bank gives its consent to cancel an Instruction after this date. 3. A transfer order Instruction placed at the Bank Unit or Contact Centre shall be cancelled (which means a withdrawal of its authorisation) in writing or, upon the Bank s consent, also in any other way. A transfer order Instruction placed via Pl@net System or Mobile Pl@net mobile banking should be cancelled via the Pl@net System (transfer order Instruction cannot be cancelled directly via Mobile Pl@net mobile banking), unless the Bank agrees to a different manner of making a cancellation. 4. The transfer order confirmed by the Bank at the Account Holder s or Proxy s request may not be cancelled. 17. STANDING ORDERS 1. Instructions regarding transfer orders may be placed in the form of a standing order. 2. To make a standing order Instruction, the Account Holder shall proceed as follows: a) submit a relevant form, duly filled in and signed, to the Bank Unit, or b) submit through the Pl@net system a duly completed form available in the Pl@net system, or c) contact the Consultant Service and provide the information required by the Bank s employee and follow the instructions. 3. Standing orders may be issued for a definite or indefinite period. 4. A standing order Instruction must specify: (a) a fixed amount to remain the same over the entire term of the standing order; with a reservation that the Account Holder may separately define the amount of the first or the last payment, which is to be executed with the standing order Instruction, or (b) that the instruction concerns the entire balance of the Bank Account as at a given day, or (c) the amount of funds exceeding a defined amount on a given day. 5. If the date specified as a standing order Instruction execution date does not fall on a Business Day, the Bank shall effect the standing order on a Business Day directly following this day. 6. To allow the Bank to carry out the standing order, the Account Holder is obliged to ensure an Authorised Balance in the sufficient amount in the Bank Account as at the end of a Business Day directly preceding the date of the standing order execution, and to pay the Bank s fees related to the standing order execution. 7. The Account Holder may cancel a standing order Instruction (which means cancelling its authorisation) not later than until the end of the Business Day preceding the agreed day of debiting the Bank Account. 8. A standing order Instruction, regardless of its submission form, shall be cancelled (what means withdrawal of its authorisation) by providing the Bank with a filled in and signed form made available by the Bank or via the Pl@net system. It is also possible to cancel a standing order Instruction made via the Contact Centre or the Pl@net system, through the 18. TIME LIMITS FOR EXECUTION OF OUTGOING TRANSACTIONS 1. Outgoing payment transactions in EUR or PLN to other Member State or domestic banks or other domestic payment services providers, are executed not later than: a) by the end of the next Business Day following the Bank s receipt of an Instruction submitted electronically, b) by the end of the next Business Day following the Bank s receipt of the Instruction regarding a transaction executed in full on the territory of the Republic of Poland, in PLN, related to payments to which the provisions of the following legal acts are applied: the Act on Tax Law dated 29 August 1997 (Journal of Laws of 2005, No. 8, item 60, as amended) and Council Regulation (EEC) no. 2913/92 dated 12 October 1992 establishing the Community Customs Code (OJ No. L302 of 19 October 1992, page 1, as amended, OJ of the European Union, Polish special edition, chapter 2, vol. 4, page 307, as amended), - in a paper form, c) by the end of the second Business Day following the Bank s receipt of Instructions other than Instructions specified in sections a) and b) above, submitted in a paper form. 2. Outgoing PSD transactions in currencies of the Member States other than EUR or PLN, ordered to another Member State or domestic banks or other domestic payment services providers, are executed not later than by the end of the fourth Business Day after the Bank s receipt of an Instruction. 3. Other outgoing payment transactions are executed not later than by the end of the sixth Business Day following the Bank s receipt of an Instruction. 4. An execution of an outgoing payment transaction means crediting with the transaction amount a payment account of a bank or other payment services provider of the payee. 19. DIRECT DEBIT 1. The Bank collects and effects domestic direct debit orders in PLN. The direct debit service consists in debiting with a defined amount the Account as a result of initiation of this transaction by its payee. 2. The Bank collects and effects direct debit orders provided that the Account Holder has provided the Bank with his/her consent to debit the Bank Account under direct debit service, signed by the Account Holder in line with the personal data card submitted when opening the Bank Account, and provided on an appropriate consent form. This consent should be submitted to the Bank in writing (directly at the Bank Unit or sent by a registered mail to the Bank Unit) or in a form of its electronic image sent by the payee s bank via Ognivo on-line application. 3. The Bank effects direct debits provided that: a) NRB number identifying the Account Holder, unique payment identifier and unique payee identifier provided in the direct debit Instruction are consistent with the ones indicated in the consent; b) the Account Holder ensures that there are sufficient funds on the Bank Account within the Authorised Balance to execute the direct debit one Business Day before the determined date of effecting the direct debit. 4. The Account Holder may cancel a specific direct debit (which means cancelling its authorisation) not later than until the end of the Business Day preceding the day of debiting the Bank Account, agreed with the Bank - in writing or via the correspondence module of the Pl@net system, indicating the date, on which the Bank should refrain from debiting the Bank Account on account of executing this direct debit order. 5. The Customer may cancel his/her consent to use direct debit in settlements with a given payee (which means cancelling authorisation to all transactions effected under this consent). The cancellation may be made through submitting to the Bank by the Account Holder or the payee or the bank of this payee a consent withdrawal form, filled in and signed by the Account Holder, or through correspondence module in the Pl@net system. 6. The Account Holder may apply to the Bank for a refund of the authorised direct debit transaction within 8 weeks of the date of debiting the Bank Account. 7. Within 10 Business Days of the date the Bank receives a refund request, it makes a refund of the full amount of the transaction effected under a direct debit instruction together with interest on the direct debit amount due to the Account Holder as accrued on his/her Account, if the Account bears interest. 20. CARD 1. The Card allows the User, until expiry date specified on the card, to carry out Instructions debiting the Bank Account, to which it was issued. 2. Detailed rules of issuing, using and observing the rules of secure usage of Cards and reporting unauthorised transactions made with Cards or suspecting a possibility of occurrence of unauthorised transactions made with Cards, are laid down in separate agreements and relevant regulations issued by the Bank. 21. CASH PAYMENTS AND INCOMING TRANSFERS 1. The Bank credits the Account with the amount of a cash payment immediately after the payment is made, not later than on the same Business Day, with a reservation that if the entity making the payment is not a consumer, the Account may be credited on the next Business Day. 2. The Bank shall credit the Account with an incoming transfer amount immediately after this amount credits the Bank s account. 3. If the Agreement stipulates that the Bank does not post incoming transfers on a specified Bank Account type, the Bank credits the Personal Account with the amount of a transfer ordered to such Bank Account type. 4. In the case the currency of an incoming transfer is different from the currency in which the Account Holder s Account indicated in the transfer is maintained, the Bank, to avoid Currency Conversion, in the first place shall credit with the transfer amount the Bank Account maintained for the Account Holder in the transfer currency if, in addition to the Bank Account indicated in the transfer, the Bank maintains a Bank Account in the transfer currency for the Account Holder. If: a) the Bank does not maintain for the Account Holder any other account in the transfer currency apart from the Account indicated in the transfer, b) the payer ordered a transfer from the account maintained by the Bank in a currency other than PLN, c) the payer ordered a transfer in a currency from the account maintained by the Bank in PLN after receiving an incoming transfer in a currency other than the currency of the Account Holder s Account indicated in the transfer, the Bank applies Currency Conversion and credits the Account Holder s Account indicated in the contents of the incoming transfer, unless otherwise stipulated in the Bank Account Agreement. 5. The Account Holder may place at the Bank an Instruction that incoming transfers for the Account Holder should be posted by the Bank on the Account indicated in the transfer through NRB or IBAN number or on other Account indicated by the Account Holder. The Instruction may apply to incoming transfers in selected currencies or to all transfers, regardless of their currency. If the Account indicated in the transfer or in the Instruction submitted by the Account Holder is maintained in a currency other than the transfer currency, the Bank will credit the Account after a Currency Conversion of the transfer amount. The above does not apply to transfers in PLN the Bank receives from domestic banks or other domestic payment services providers. 3/6

4 V. AUTHORISED DEBIT BALANCE 22. CONDITIONS FOR AUTHORISED DEBIT BALANCE 1. Conditions for granting Authorised Debit Balance (in particular limit, interest rate) are defined in the Bank Account Agreement. 2. Authorised Debit Balance is revolving in nature and entitles the Account Holder to give cash and non-cash instructions debiting the Personal Account up to the Authorised Debit Balance amount, even if the Personal Account balance is insufficient to cover such instructions. Each payment made to the Personal Account increases the balance of funds available under the Authorised Debit Balance granted, by the sum paid into the account. 3. Each year the Bank shall automatically prolong the settlement period of the Authorised Debit Balance for the next 12 months on the existing conditions. The Bank shall not prolong the settlement period of the Authorised Debit Balance for one of the following reasons: a) the Account Holder did not ensure the required payments into the Account; b) Unauthorised Debit Balance occurred; c) the Account Holder defaulted in payment of any amounts due to the Bank; d) the Bank ceased granting Authorised Debit Balance to Individual Customers. 4. Signing an Annex to the Bank Account Agreement is not required for automatic prolongation of the settlement period of the Authorised Debit Balance. 5. The settlement period of the Authorised Debit Balance shall not be prolonged if the Account Holder informs the Bank in writing, seven (7) days prior to the expiry of the settlement period at the latest, that he/she no longer wishes to use the Authorised Debit Balance. 6. Should the Bank refuse to prolong the Authorised Debit Balance, the settlement period shall not be prolonged and the Account Holder shall be notified by the Bank of the Bank s refusal seven (7) days prior to the expiry of the settlement period at the latest. 7. Interest on Authorised Debit Balance shall be charged against free funds on the Personal Account on the second Business Day of each month for the preceding month, and against first payments into the Personal Account in case of insufficient balance of funds in the account. VI. ELECTRONIC ACCESS CHANNELS 23. TYPES OF ELECTRONIC ACCESS CHANNELS 1. The Bank allows the User to access information on the Account and place Instructions regarding the Account via Electronic Access Channels, including: a) Pl@net system, or b) Mobile Pl@net mobile banking, or c) Contact Centre, or d) Customer Service Contact Centre, or e) Cards. 2. The Bank authorizes the User to access the Pl@net System, Contact Centre and Mobile Pl@net mobile banking upon signing the Bank Account Agreement by the Account Holder. The Bank grants the Card to the User upon signing an agreement on using the Card by the Account Holder. 3. The Pl@net System and the Call Center services can be used by the User as soon as the Account Holder has them activated. 4. To use the Customer Service Contact Centre, no prior service activation is required. 5. In order to activate: a) Pl@net system - the Account Holder should connect to the Website and follow the instructions provided therein or file a request for activation in the Bank Unit; b) Contact Centre: i. within the scope which enables the User to obtain information on the Bank Account - the Account Holder should call the Consultant Service and follow the instructions provided by the Bank s employee; or ii. within the scope which enables the User to obtain information on the Bank Account and administer the Bank Account the Account Holder should file a relevant request in the Bank Unit. c) Mobile Pl@net mobile banking - the User should log into the Pl@net System and follow the instructions provided therein, in particular download the software for Mobile Pl@net banking to his/her mobile phone and set a PIN code via the Pl@net System. 6. To deactivate an Electronic Access Channel, the Account Holder shall make a relevant written request in the Bank Unit. Deactivation of the Pl@net System results in an automatic deactivation of the Mobile Pl@net mobile banking. Access to the Customer Service Contact Centre is not subject to deactivation. 7. The types of Instructions the User can make are limited to the available functionality of Electronic Access Channels. Information on functionality of Electronic Access Channels can be obtained in the Bank Units, on the Website, through the Contact Centre and the Customer Service 24. FUNCTIONALITY AND TECHNICAL REQUIREMENTS 1. The Pl@net system allows the User, with respect to all Bank Accounts of the Account Holder held with the Bank, in particular to: a) have access to information on the Bank Account, Cards and transactions made by means of such Cards, commissions and fees charged by the Bank as well as Instructions made, b) make and cancel Instructions of transfer orders, opening or breaking Term Deposits, c) make Instructions to acquire, convert or redeem investment fund units/titles, d) apply for the products currently offered by the Bank, e) exchange mail with the Bank. The Account Holder may, within the scope determined by the Bank, limit his/her access or another User s access to the above specified services. 2. With respect to all Accounts held by the Account Holder, the Contact Centre enables the User to perform, in particular, the following actions: a) access information with respect to the Account and Instructions made (through the Bank-o-phone and Consultant Service); b) make Instructions of transfer orders, opening or breaking Term Deposits (through the Bank-o-phone and Consultant Service); c) define beneficiaries of transfer order Instructions (through Consultant Service) and make Instructions for their benefit (through the Bank-o-phone and Consultant Service); d) access information on Cards and other products the Bank offers to the Account Holder (through the Bank-o-phone and Consultant Service); e) change daily card transaction limits (through the Consultant Service), f) have a stop or hold put on the Card (through the Consultant Service); g) activate a Card (through the Consultant Service); h) order confirmation of Instructions execution (through the Consultant Service). The Account Holder may limit, within the scope determined by the Bank, his/her access or another User s access to the above specified services. 3. The Customer Service Contact Centre enables the User, with respect to all Accounts of the Account Holder, to do the following: a) access the information regarding the Account and Instructions executed; b) make Instructions to open and break a Term Deposit; c) apply for products currently offered by the Bank. 4. Mobile Pl@net mobile banking allows Users, with respect to all Accounts of the Account Holder held in the Bank, in particular to: a) have access to information on the Bank Account, Cards and transactions made by means of such Cards, commissions and fees charged by the Bank as well as Instructions made, b) make Instructions of transfer orders, opening or breaking Term Deposits, 5. Proper operation of the Pl@net System requires the User to ensure that the computer and software is in good working order and: a) connected to the Internet, b) equipped with the Internet browser enabling the use of SSL bit protocol. 6. Proper operation of the mobile banking requires the User to: a) use the Pl@net system b) download and install on his/her mobile phone the software specified on the Website, c) use a mobile phone with the operating system detailed on the Website. 7. The Contact Centre and the Customer Service Contact Centre will operate correctly provided that the User will use a touchtone dialling telephone in working order. 8. Detailed information on IT hardware requirements necessary to use Electronic Access Channels is available in the Bank Units, on the Website, through the Contact Centre or the Customer Service 25. SECURITY RULES 1. Any information the disclosure of which could make the Bank, while identifying the User or authorising Instructions he/ she makes via the Electronic Access Channels, recognise an unauthorised person as the User based on correct information provided by that person as required for such identification or transaction authorisation, in particular a password, PIN code, SMS code or a private key, shall be kept secret by the User. Therefore, the User shall keep confidential any information that would enable unauthorised persons to access any of the Electronic Access Channels, make Instructions or other requests through them. The above obligation covers also the User s commitment to ensure conditions that make it impossible for unauthorised persons to get to know the data identifying him/ her or used to authorise transactions, passed on by the User while using Electronic Access Channels. 2. The User is obligated to follow security rules set forth by the Bank. In particular, the User is obligated to maintain the proper security level of the device s/he uses to access Electronic Access Channels (e.g. computer, mobile phone, tablet PC); in particular, the User shall: a) use original software only and apply means of security recommended by the producer of such software, b) make regular updates of the operating system and the Internet browser recommended by the Bank, c) use anti-virus programs and update them on a regular basis. Moreover, the User is obliged to exercise due diligence when logging in and out from the system in order to secure Instructions made through Electronic Access Channels, including, in particular, preserving secrecy of the information referred to in item 1, likewise checking whether the connection made has been encrypted. 3. Security rules have been described in detail on the Website; they are also available in the Bank Units, through the Contact Centre or the Customer Service Before entering into the relevant agreement that enables the User to use the Electronic Access Channels, s/he must read the security rules indicated by the Bank and apply such rules during the agreement validity period. 4. To preserve the security of transactions made, the Bank additionally informs the User that the Bank neither shall request its customers to provide their passwords via nor send electronically any website links with a request to log on. 5. In the event the above information, in particular: the password, PIN, SMS code or the private key has been lost, stolen, copied or disclosed to an unauthorised person, or if there is a suspicion that such a situation has occurred, the User shall immediately change the password or PIN accordingly, or instruct the Bank to prevent (block) a further use of the respective Electronic Access Channel. The same notification should be made in the case of loss, theft, appropriation, unauthorised use, access or copying of the content of the device possessed by the User serving him/her to use the Electronic Access Channels or a suspicion that such a situation has occurred. The notification referred to herein should be made by contacting the Contact Centre or the Customer Service 6. The Bank reserves the right to block any Electronic Access Channel in the following cases: a) any justified reasons related to secure access via such an Electronic Access Channel, b) justified suspicion of an unauthorised use of an Electronic Access Channel or intentional effecting of unauthorised payment transaction through such a channel. The Bank informs the User in advance about blocking an Electronic Access Channel suitably to the possibility of contacting the User: over the phone or via , or if it is not possible, immediately after blocking the channel, over the phone, via or in writing. The Bank s obligation to inform the Cardholder accordingly is only excluded if it is unjustified due to security reasons or prohibited under law provisions. The Bank removes the blockade of an Electronic Access Channel immediately after the circumstances that justified such a blockade cease, upon giving a starting package to the User or sending him/her an SMS with a new starting password. 7. Out of concern for security of services provided by the Bank through the Consultant Service and the Customer Service Contact Centre, all telephone conversations between the User and the Bank s employees may be recorded by the Bank on the selected data carrier. 26. USER IDENTIFICATION 1. The User obtains access to the Account through an Electronic Access Channel upon identification that the Bank performs electronically in the manner appropriate for a given Electronic Access Channel. 2. In particular, the Bank identifies the User or verifies the Instruction he/she makes, by means of an identification code, password, SMS (text message) code, PIN code, private key or other information owned by the Bank that should be known to the User only. In order for the Bank to carry out the identification procedure, the User shall follow the instructions which are: a) presented in the information materials the User received from the Bank through the Electronic Access Channel he/ she wants to use; the information provided by the User and requested by the Bank to identify the User must be consistent with the information held by the Bank, and b) forwarded to the User by the Bank on a current basis through the Electronic Access Channel the User intends to use; all information provided by the User and required by the Bank to identify the User must be consistent with information held by the Bank. 3. If the User identification is unsuccessful three times running, to secure the funds deposited on the Bank Account, the Bank reserves the right to put a hold on the Bank Account through a respective Electronic Access Channel. As regards the Customer Service Contact Centre, when the User identification fails, the telephone conversation is ended and the User is invited to the Bank s Branch. 4. To unblock an Electronic Access Channel blocked by the Bank, the Account Holder must contact the Bank Unit or the Consultant Service of the Contact Centre and follow the instructions given by the Bank. The Pl@net System is an exception at it can be unblocked during the conversation with the Customer Service Contact Centre upon the positive verification of the Customer s identity. 5. The Bank may take extra safety measures, not mentioned in the Regulations, to prevent unauthorised individuals from using Electronic Access Channels. 27. BANK ACCOUNT AGREEMENT CONCLUDED VIA THE INTERNET 1. An application for a Bank Account Agreement is made available by the Bank as an electronic form on the Website (Internet application). 2. To file an Internet application or conclude a Bank Account Agreement via Internet, the applicant shall satisfy the following technical requirement consisting in having an access to a web browser such as: Chrome or Safari or Firefox or Internet Explorer. 3. In the Internet application, the applicant shall indicate his/ her address and telephone number, which will be used for communication with the Bank in order to conclude a Bank Account Agreement. 4. In the Internet application, the applicant may decide on concluding a Bank Account Agreement in the Bank Unit or via the Internet, with the reservation that conclusion of a Bank Account Agreement via the Internet is possible only in the case of an individual application filed by an adult applicant. 5. Conclusion of a Bank Account Agreement via the Internet is not possible if the applicant has already concluded another agreement with the Bank. 6. A Bank Account Agreement shall be concluded via the Internet in an electronic form. 7. The conclusion of a Bank Account Agreement via the Internet in an electronic form is carried out with the use of a transfer from a bank based in Poland. Only the applicant himself/herself may be a holder of a savings and checking account from which a transfer to the Bank is made. 8. In order to conclude an Agreement via the Internet the applicant shall: 1) fill in an Internet application on the Website, 2) send a correctly filled-in and complete application, 3) make a declaration of will on concluding a Bank Account Agreement through making a transfer from the applicant s account at a bank based in Poland into an account indicated by the Bank in the amount of PLN 1 in order to conclude a Bank Account Agreement (the transfer title must be consistent with the model specified by the Bank in a message sent by the Bank to the applicant to the address indicated by the applicant). 9. The Bank makes a declaration on concluding a Bank Account Agreement through effecting a return transfer in the amount of PLN 1 into the applicant s account at a bank based in Poland. The transfer title must specify that the return transfer is effected in order to conclude a Bank Account Agreement. 10. The Bank Account Agreement via the Internet shall be concluded upon the receipt by the applicant of the return transfer in the amount of PLN 1 provided that the transfer title specifies 4/6

5 that the return transfer was made in order to conclude a Bank Account Agreement. 11. Regardless of the fact whether the Bank Account Agreement has been concluded or not, the Bank shall return the transfer amount into the account from which the account was credited within one business day of receipt of the transfer amount by the Bank. 12. The Bank Account Agreement shall be concluded subject to the terms and conditions stipulated in the Bank Account Agreement. 13. The Account shall be activated through: 1) receipt of a message, sent by the Bank to the address indicated by the applicant, which includes a unique link to a form and clicking on the link, (the message will determine also the date when the applicant can activate the Account), 2) filling in the Internet form through answering some questions concerning the applicant s financial situation, 3) sending a scanned identity document. 14. In the case the scanned identity document is illegible or in the course of its verification by the Bank it occurs that it is not a scan of an identity document, the Bank shall notify the Account Holder (the Bank Account Agreement has been already concluded at this stage), to the address indicated by the Account Holder (the address indicated at the application stage), that such a situation has occurred and the condition subsequent stipulated in the Bank Account Agreement has materialised. 15. The Bank Account Agreement shall be concluded in Polish and governed by Polish law. 16. The above rules shall be also applied to conclusion of an agreement regarding a Card in the case the Bank Account Agreement covers also a Card (a multi-product bank agreement). 28. PAYU EXPRESS SERVICE 1. The Account Holder can use a PayU Express service, that is, the service provided by PayU SA with its registered office in Poznań, Poznań, at ul. Grunwaldzka 182, entered into the register of entrepreneurs maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS no (hereinafter, PayU ), upon making an instruction to add the Account to the PayU Express Service. The Proxy is not authorised to make the instruction referred to in the preceding sentence. 2. By adding the Account to the PayU Express Service, the Account Holder gives the PayU a power of attorney to make orders, on behalf of the Account Holder, to debit the Account with amounts specified by PayU and to credit the PayU account with such amounts. Orders made in the Bank by PayU on behalf of the Account Holder will be considered by the Bank to have been given by the Account Holder himself/herself. 3. The PayU Express Service is joined, and the power of attorney to the Account is given to PayU, through the Pl@net System. 4. The Account Holder can block, at any time, the option to debit the Account through the PayU Express Service. Such a request for the blockade will be regarded as withdrawal of the power of attorney given to PayU. The relevant request can be filed by the Electronic Access Channels. Immediately after the blockade request acceptance, the Bank will notify PayU about the request. 5. The User shall immediately request the blockade of the PayU Service in the event s/he identifies an unauthorised payment transaction, by sending a relevant request directly to PayU or to the Bank. 6. The Bank has the right to block the use of the PayU Express Service in the following situations: a) crime committed by the User in connection with obtaining or using the PayU Express Service in the manner which is against the law, b) unauthorised use of the PayU Express Service or intentional effecting of unauthorised payment transaction, c) the User files a request to this effect. 7. In connection with the fact that the PayU Express Service is supplied by PayU in cooperation with the Bank, in the event of termination of the respective cooperation agreement binding the Bank and PayU, the Bank will block the option to use the PayU Express Service by the User, and notify the User thereof. In the event of making a complaint related to debiting the Account by the PayU Express Service, the Bank will analyse the fact of granting the power of attorney and making an order to debit the Account by PayU acting as the Account Holder s Proxy. 29. SECURING AND SAVING INSTRUCTIONS All Instructions made through the Electronic Access Channels are duly captured, secured and stored by the Bank in a manner the Bank deems appropriate. VII. COMMISSIONS AND FEES 30. TABLE OF COMMISSIONS AND FEES 1. For maintenance of the Account, the Bank shall charge commissions and fees as specified in the Table of Commissions and Fees. 2. Commissions and fees are charged by the Bank to the Account. Commissions and fees denominated in the currency other than the currency of the debited Bank Account are converted at mid-rate announced by the National Bank of Poland on the day preceding the day the Bank Account is charged with such a commission or fee, unless other exchange rate shall be applied according to the Table of Commissions and Fees. 3. The information on commissions and fees applied by the Bank can be obtained in the Bank Units, on the Website, through the Contact Centre and the Customer Service 4. The Bank informs the Account Holder about the proposed changes to the Table of Commissions and Fees that refer to services specified in the Regulations, not later than two (2) months prior to the proposed date of their entry into force indicated in the notification. The Table of Commissions and Fees shall be changed in a manner applicable in the Regulations. 5. The Bank may change the Table of Commissions and Fees in the case of: a) implementation by the Bank of new functional, organisational, technical, IT or telecommunications solutions that affect the services rendered under the Agreement and the Regulations, b) implementation by the Bank of new banking products or modification to the existing ones, related to the actions under the Regulations, c) change in applicable law provisions, or issuance of recommendations, guidelines or interpretations by competent public authorities, or passing rulings by competent courts that affect the services provided under the Agreement and Regulations, d) occurrence of inflation (increase in prices of consumer goods and services) at the minimum level of 0.25% YOY, published for the preceding calendar month by the Central Statistics Office (GUS), e) change of the cost/income ratio of banks by at least 1% YOY, published by the Central Statistics Office (GUS), f) change of average monthly salary in the enterprises sector by at least 1% YOY, published by the Central Statistics Office (GUS). within the scope in which the occurrence of the above circumstances influences the change of costs incurred by the Bank in rendering services to the Borrower under the Agreement and Regulations. A change of the Table of Commissions and Fees will not require the Customer to pay any fee for the service not used by him/her. 6. To calculate the above costs, depending on the cost type, the Bank will take into account one, some or all of the aforementioned circumstances, proportionally to the influence they have on the costs actually incurred by Bank in rendering a given service. Change of the amount of fees and commissions should reflect the change of ratios used for their calculation. 7. Change of the amount of fees and commissions due to the occurrence of the above circumstances may be made only once per calendar quarter. The Bank shall reduce the amount of the fees and commissions in the case of occurrence of the same circumstances that previously justified the rate rise but now justify the rate decrease. 8. The Account Holder may be informed about the change of the Table of Commissions and Fees in the following manner: in paper, on a Read-only Data Carrier, through the Pl@net System or, at the Account Holder s request, via electronic mail. 31. COMMISSIONS AND FEES 1. The Bank does not deduct commissions and fees it charges from the incoming transaction amount. 2. In the case of termination of the Bank Account Agreement, commissions and fees for maintaining the Bank Account charged periodically, are due to the Bank only for the validity period of the Bank Account Agreement. Fees paid in advance shall be refunded proportionally. VIII. FINAL PROVISIONS 32. RENDERING INFORMATION AVAILABLE BY THE BANK, BANK ACCOUNT STATEMENTS 1. The Bank, upon the Account Holder s request made prior to submitting an Instruction, gives information on the maximum time limit for executing such an Instruction and fees due to the Bank, including the detailed amounts of all fees, in relation to PSD Transaction included in this Instruction. 2. Information on effected transactions the Bank gives the Account Holder pursuant to law provisions, are made available by the Bank to the Account Holder periodically, once a month, on the Bank Account statement. Considering the above, the Bank is not obliged to provide such information after each transaction. 3. The account statements are forwarded according to the declaration on the manner of receiving such account statements. 4. Should the Account Holder select the option to collect statements in person in the Bank Unit, the Account Holder shall collect them until the end of the month following the month covered by the statement. 5. Upon the Account Holder s written request, the Bank Unit maintaining the Account makes copies of statements for this Account. 6. At any time in the course of the Bank Account Agreement, the Account Holder has the right to demand that the Bank makes the provisions of this Agreement, the Regulations and the Table of Commissions and Fees available to him/her. Moreover, according to the above right of the Account Holder, s/he may demand that the Bank gives information about the Bank s address, including address or other addresses important from the point of view of communication with the Bank, including locations of Bank Units, information on using the Bank s services, information about fees, interest rates, exchange rates, the manner of communication, protective and remedial measures, changes to the Regulations, the Table of Commissions and Fees, changes to the Bank Account Agreement and its termination, procedures for disputes settlement with the Bank, pursuant to Article 27 of the Act on Payment Services dated 19 August 2011 (Journal of Laws of 2011, No. 199, item 1175). The above information will be given to the Account Holder on paper or the Read-only Data Carrier, and, with the Account Holder s consent, also via or the Website depending on the nature of the requested information. 7. Upon the Account Holder s request submitted at any time in the course of the Bank Account Agreement, the Bank shall make information on the Bank Account and PSD Transactions effected in relation to this Bank Account available to the Account Holder in a manner agreed upon with him/her in the Bank Account Agreement. The above information may be given on paper or the Read-only Data Carrier, and, with the Account Holder s consent, via to the address specified by the Account Holder. 33. NON-ASSIGNMENT CLAUSE The Account receivables may not be assigned to any third party without a prior written consent of the Bank. 34. UNAUTHORISED DEBIT BALANCE 1. Any Unauthorised Debit Balance must be immediately repaid by the Account Holder. 2. The Bank reserves the right to request interest on the Unauthorised Debit Balance for the period starting from the day the debit balance arose, until the day preceding its repayment, in the amount of maximum statutory interest stipulated in the Civil Code Act dated 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended). 3. Interest accrued on the Unauthorised Debit Balance amount may be charged by the Bank to any Account held by the Account Holder, without separate Instructions of the Account Holder. 35. CHANGE OF PERSONAL DATA OF THE ACCOUNT HOLDER The Account Holder shall notify the Bank of any changes of address and personal data s/he provided the Bank with upon concluding the Bank Account Agreement. 36. CONTACT WITH THE BANK 1. Any correspondence addressed to the Bank should be submitted to any Bank Unit or the Bank s registered office, or sent to the address of the Bank Unit or the Bank s registered office. 2. The Bank shall make a contact form available to the Customer on its Website. 3. The Bank shall make the Contact Centre available to the Customer so s/he can obtain information about the Bank s current offer. 4. The Bank shall make the Contact Centre available to the Account Holder to the extent specified in the Regulations, in the chapter on Electronic Access Channels. 5. The Bank provides the Customer with the Customer Service Contact Centre as regards the acquisition of information about the current offering of the bank, update of mailing details and execution of specific Instructions pursuant to the extent defined in the regulations in the part pertaining to the Electronic Access Channels. 6. The Parties will communicate in Polish or in English. 37. PERSONAL DATA PROTECTION As provided in the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended), the Bank wishes to inform you that: a) personal data of the Account Holder may be processed with respect to the scope of services provided by the Bank and used for purposes related to the Bank s activity; b) the Account Holder may access personal data s/he agreed to disclose to the Bank, correct it and object to the processing of such data. 38. DISCLOSURE CLAUSES The Bank informs the Account Holder that: 1. The Bank may render data about payment obligations, arisen under agreements related to performance of banking actions, available to Economic Information Bureaus operating under the Act of 9 April 2010 on Disclosure of Economic Information and Exchange of Economic Data (Journal of Laws No. 81, item 530), based on requests filed by such bureaus and to the extent specified therein. 2. In order to undertake any necessary actions related to the conclusion and performance of the Bank Account Agreement and in order to satisfy any reasonable needs of the Bank related to performing banking actions, the data provided by the Account Holder may be disclosed, under Article 105, item 4 of the Banking Law, to Biuro Informacji Kredytowej SA (Credit Information Bureau) with its registered office in Warsaw. 39. INFORMATION ON THE BANK GUARANTEE FUND The funds accumulated on the Account are covered by the guarantee of the Bank Guarantee Fund under the rules specified in the Bank Guarantee Fund Act of 14 December 1994 (Journal of Laws of 2009, No. 84 item 711, as amended). 40. RESPONSIBILITY FOR UNAUTHORISED TRANSACTIONS 1. In the event transactions not authorised by the User were effected, the Bank shall, without delay, restore the debited Bank Account to the state that would have existed if no unauthorised transaction had been effected, subject to the below provisions. 2. Fulfilling the duty specified above, the Bank, upon receiving a notification that an unauthorised transaction was made, immediately credits the Bank Account with the amount of unauthorised transaction increased by potential interest calculated on this amount, commissions and fees, and blocks these funds at the same time. When the notification has been recognised as justified, the Bank immediately removes the blockade. 3. The Account Holder shall be held liable for transactions not authorised by the User, up to PLN equivalent of EUR 150, calculated at the mid rate as announced by the National Bank of Poland and applied on the transaction execution day, if the unauthorised transaction results from: a) using the device, serving the User to use Electronic Access Channels, lost by or stolen from the User, or b) appropriating the device serving the User to use the Electronic Access Channels or unauthorised use of an Electronic Access Channel resulting from the User s breaching of security obligations determined in the Regulations. 4. The Account Holder shall be held liable for unauthorised transactions in their full amounts if the User has deliberately contributed to effect them or if they were effected due to wilful misconduct or gross negligence resulting in breaching at least one of the security obligations determined in the Regulations. 5. After submitting a notification under the rules specified in the Regulations, which apply to occurrence or suspicion of occurrence of a situation putting the security of the Electronic Access Channel at risk, the Account Holder is not held liable for unauthorised transactions, unless they resulted from the User s deliberate action. If the Bank fails to ensure a possibility of making a notification, the Account Holder shall not be held responsible for unauthorised transactions, unless they resulted from the User s deliberate action. 5/6

6 41. RULES OF THE BANK S LIABILITY 1. The Bank shall be liable towards the Account Holder for non-performance or improper performance of a transaction, except for the following situations: a) a transaction was effected in favour of the payee identified by the Bank on the basis of the bank account number in the IBAN or NRB format, indicated in the Instruction, regardless of other additional information provided. b) a direct debit was effected from the Account Holder s Bank Account identified by NRB, according to the creditor s identifier and payment identifier, c) force majeure occurrence, or non-performance or improper performance of a transaction resulting from the law provisions. 2. The Bank shall not be liable towards the Account Holder for non-performance or improper performance of a transaction in line with the Instruction, if the Bank proves that it credited the account of a bank or other payment services provider of the payee with the transaction amount within time frames specified in the Regulations. 3. Moreover, the Bank shall not be liable towards the Account Holder for non-performance or improper performance of a transaction in line with the Instruction, if the Bank caused the Bank Account of the Account Holder was credited with the transaction amount within time frames specified in the Regulations. 4. The Bank is also responsible for payment of fees and interest, charged to the Account Holder as a result of failure to execute or improper execution of an Instruction or incoming transaction. 5. If the Bank is held liable, in line with the aforesaid provisions, the Bank credits an appropriate Bank Account of the Account Holder and ensures the balance that would have existed if the Instruction or incoming transaction has been properly effected. 6. In the case of non-performance or improper performance of a transaction, the Bank, regardless of the responsibility specified above, undertakes, at the Account Holder s request, immediate efforts to examine the transaction and notifies the Account Holder about results thereof. 42. NOTIFICATION ABOUT IRREGULARITIES IN TRANSACTIONS. COMPLAINTS 1. The Account Holder shall immediately lodge a complaint, including informing the Bank about any identified unauthorised, non-performed or improperly performed payment transactions, in the following forms: orally, in writing, in person, by a proxy, by phone or via , in the Bank s registered office or any Bank Unit. 2. If the Account Holder fails to make such notification regarding unauthorised, non-performed or improperly performed payment transactions within 13 months from the date of debiting the Bank Account, or from the date on which the transaction was to be executed - the Account Holder s claims against the Bank for unauthorised, non-performed or improperly performed payment transactions shall expire. 3. Any complaint shall include all the information that might help process it, likewise copies of the documents which refer to a complained action and which specify the grounds for filing the complaint. 4. At the Bank s request, the Account Holder shall provide any additional information or documents if, in the Bank s opinion, such information or documents are essential to process a complaint. 5. The Bank processes complaints up to 30 days of a complaint receipt. The above does not violate the Bank s obligations on account of unauthorised, non-executed or improperly executed payment transactions. 43. GOVERNING LAW AND DISPUTES RESOLUTION 1. The Bank Account Agreement shall be governed by Polish law. 2. Any disputes arising out of the performance of the Bank Account Agreement shall be resolved by the competent court according to the general rules of the Code of Civil Procedure. 3. The Polish Financial Supervision Authority, located at Plac Powstańców Warszawy 1, Warsaw, supervises the activity of the Bank. The Customer may lodge a complaint regarding the Bank s activity to the Polish Financial Supervision Authority if the Bank s activity violates any provisions of the law. 4. The President of the Office for Competition and Consumer Protection, Plac Powstańców Warszawy 1, Warsaw, is the regulatory authority competent in matters of consumer protection. 5. The Customer may use the procedure of extra-judicial dispute settlement by the Bank Arbitrator acting at the Polish Banks Association. Rules for access to arbitration and description of the procedure are set forth in the Regulations of the Bank Consumer Arbitration, available in the office of the Polish Banks Association at ul. Kruczkowskiego 8, Warsaw, or at its website IX. AMENDMENTS TO THE REGULATIONS 44. REGULATIONS AMENDMENT CONDITIONS 1. The Bank informs the Account Holder about the proposed changes to the Regulations not later than two (2) months prior to the proposed date of their entry into force indicated in the notification. 2. The Bank may amend the Regulations for material reasons, which include in particular the following: a) introduction by the Bank of new functional, organizational, technical or ICT solutions, affecting the services provided under the Agreement and the Regulations, unless it negatively affects the Agreement performance and the Account Holder s interests, b) introduction by the Bank of new banking products connected with the operations covered by the Regulations, or modification of the existing ones, unless it negatively affects the Agreement performance and the Account Holder s interests, c) change in applicable law provisions, or issuance of recommendations, guidelines or interpretations by competent public authorities, or passing rulings by competent courts that affect the services provided under the Regulations, insofar as their application is necessary or reasonable for proper performance of the obligations of the parties to the Agreement. 3. The Bank may introduce the respective changes to the extent arising from the reason justifying such changes. 4. The Account Holder may be informed about the amendment of the Regulations in the following manner: in paper, on a Read-only Data Carrier, through the Pl@net System or, at the Account Holder s request, via electronic mail. 5. If, prior to the proposed date of entry into force of the amended Regulations, the Account Holder raises no objection to the amendments, it is considered that the Account Holder has given consent for the amendments. 6. The Account Holder has the right, prior to the proposed date of entry into force of the amended Regulations, to terminate the Bank Account Agreement with immediate effect, without incurring any fees. 7. If the Account Holder raises an objection, but fails to terminate the Bank Account Agreement, the Agreement shall expire on the date preceding the effective date of the proposed amendments to the Regulations. The Account Holder does not incur any fees for that. X. CONCLUSION, AMENDMENT, TERMINATION AND EXPIRY OF THE AGREEMENT 45. LANGUAGE OF THE BANK ACCOUNT AGREEMENT The Bank Account Agreement shall be concluded in Polish. Upon the Account Holder s request, the Bank Account Agreement may be drawn up in two language versions: Polish and English, however, the Polish language version shall prevail if the Account Holder is a citizen of the Republic of Poland. The Bank Account Agreement may be drawn up in English upon the request of the Account Holder who is not a Polish citizen, however, such Account Holder has the right to receive the Bank Account Agreement or other document in Polish. 46. AMENDMENTS TO BANK ACCOUNT AGREEMENTS Any amendments to the Bank Account Agreement must be made in writing, otherwise they shall be deemed null and void. 47. BANK ACCOUNT AGREEMENT TERMINATION BY ACCOUNT HOLDER 1. The Account Holder may terminate the Bank Account Agreement any time upon one-month notice. The Account Holder may also apply for terminating the Bank Account Agreement on other dates by mutual agreement of the parties. 2. A notice of termination of the Bank Account Agreement and an application for terminating the Bank Account Agreement by mutual agreement of the parties should be made in writing; otherwise they shall have no effect for the Bank, subject to item If the Personal Account is moved to another bank, a notice of termination should be made in writing. 4. Termination or arrangement regarding termination of the agreement with respect to Term Deposits means breaking, as at the day the notice of termination elapses or on the agreement termination day indicated in the arrangement, all Term Deposits concluded for a period longer than the notice period or the agreement termination date indicated in the arrangement. The provisions that govern breaking a Term Deposit apply. During the notice period or arrangement regarding termination of the agreement a revolving Term Deposit shall not be rolled over for subsequent periods. 5. Upon the Bank Account Agreement termination or expiry, the funds deposited on the Account shall be made available to the Account Holder. The funds shall bear no further interest. 48. BANK ACCOUNT AGREEMENT TERMINATION BY THE BANK 1. The Bank may terminate the Bank Account Agreement upon two-month notice for important reasons, in particular when: a) the information provided by the Account Holder, and required by the Bank in order to open and maintain the Account, is false; b) the Account Holder fails to comply with the provisions of the Regulations or the Bank Account Agreement; c) the Account Holder s conduct disrupts customer services rendered to other Customers or poses danger to other Customers or the Bank s employees; d) the Bank Account is used against the law; e) the Account Holder, on whose Bank Account the Bank puts a hold, fails to remove irregularities, which resulted in putting such a hold, within the timeframe set in a written notice sent to the Account Holder by the Bank; f) the Bank found out that another issuer of electronic payment instruments recorded the Account Holder as a person who fails to duly perform his/her electronic payment instrument agreement; g) the Account Holder failed to provide the Bank with requested information or documents required for the application of the financial security measures by the Bank, stipulated in Article 8b of the Act of 16 November 2000 on Anti-Money Laundering and Counter-Terrorism Financing; h) the risk related to the Account Holder has been negatively assessed within the meaning of Article 8b of the Act of 16 November 2000 on Anti-Money Laundering and Counter-Terrorism Financing. 2. For Term Deposit Accounts opened by the Account Holder, the Bank Account Agreement shall expire upon maturity of the last Term Deposit (during the notice period, a revolving Term Deposit shall not be rolled over for subsequent periods). 3. Once the notice period of the Bank Account Agreement termination has elapsed, the funds deposited on the Account shall be put at the Account Holder s disposal. The funds shall bear no further interest. 49. BANK ACCOUNT AGREEMENT TERMINATION DATE The Bank Account Agreement shall be terminated: a) upon the lapse of the termination notice period, b) when the Bank has received reliable information on the death of the Account Holder or one of the Joint Account Holders, with effect as at the day of death. 6/6