CIB Bank Ltd s. BANK CARD SPECIFIC BUSINESS REGULATIONS for companies, other organisations and sole traders. effective from 06 May 2014

Transcription

1 CIB Bank Ltd s BANK CARD SPECIFIC BUSINESS REGULATIONS for companies, other organisations and sole traders effective from 06 May 2014

2 The definitions and terms used in these Specific Business Regulations shall have the meaning ascribed to them in the Bank s Corporate Business Regulations (the CBR ). With regard to matters not regulated in the Individual Agreements, the provisions of the Specific Business Regulations (if there are such in respect of the given Service) and the List of Conditions (including the Banking Timetable and the Interest Rate Notice) shall apply. If in respect of the given Service there are no Specific Business Regulations, or if the provisions thereof do not address the given matter, then the provisions of the CBR shall apply. Provisions regarding a given Service may be set out in several Specific Business Regulations, which must be taken jointly into consideration. With regard to matters not regulated in these Specific Business Regulations, in the case of sole traders the provisions of the General Retail Business Regulations for Consumers and Sole Traders, the Specific Business Regulations pertaining to Bank Accounts and Payment Transactions for Consumers and Sole Traders and the provisions of the CBR shall apply. These Specific Business Regulations shall constitute an inseparable annex to the CBR, with the proviso that if a unilateral amendment only affects the provisions of these Specific Business Regulations, then the CBR shall not be amended. 1. On Bank Cards in general I. BANK CARDS 1.1. The types of Bank Card indicated on the Bank Card Application Form are Bank Cards that are linked to a Card Coverage Account or to a Bank Account. The detailed terms and conditions for the individual types of Bank Card are contained in the List of Conditions. The Client and the Card Holder may request a Bank Card by jointly completing and signing the Bank Card Application Form. The Client acknowledges that the Card Holders, in the course of using the Bank Card, are authorised to dispose independently over the Bank Account/Card Coverage Account using the Bank Card, even if the Card Holder s other account disposal rights, of a different type to the account disposal rights associated with the Bank Card, are exercised jointly. The Card Holder s right of disposal over the same Bank Account may not be simultaneously ensured by two Bank Cards of the same type. The Bank may refuse to issue the Bank Card without explanation. The Bank is entitled to unilaterally modify the type and number of the Bank Card, the Bank Card s PIN Code and the Bank Card s expiry date provided that the Bank Card issued in the course of such modification has at least the same features as, and its fees and costs are no higher than, the Bank Card affected by the modification. The Bank is entitled to unilaterally modify the Card Number if, at the same time as such modification, it provides the Client with a Bank Card displaying the changed card number. The Bank shall also issue a new Bank Card Pin Code for the Bank Card provided with a new Card Number. Unilateral modification in 2014 of the type of the Bank Cards provided to Clients In the course of the year 2014, the Bank will unilaterally change the type of the Bank Cards provided to Clients with respect to the Bank Card types specified in the relevant Lists of Conditions, regardless of whether the Bank Card expiry date falls within the year 2014 or on a subsequent date. If the Card Holder s right of disposal over the Bank Account is ensured by one Bank Card, then the type of that Bank Card shall be unilaterally modified in the specific month of 2014 that corresponds to the month 2

3 specified in the date of expiry indicated on the Bank Card. The modification shall enter into effect at the time of activation of the Bank Card to be issued during the modification, but no later than on the first Banking Day of the month following the month determined as per this paragraph. If the right of disposal over the Bank Account is ensured for the Card Holders by more than one Bank Card, then the type of these Bank Cards shall be unilaterally modified in 2014 simultaneously, in the following manner: - If the months specified in the dates of expiry indicated on the Bank Cards are identical, then the type of the Bank Cards shall be unilaterally modified in the specific month of 2014 that corresponds to the month specified in the date of expiry indicated on the Bank Card. The modification shall enter into effect at the time of activation of the Bank Cards issued during the modification, but certainly not later than on the first Banking Day of the month following the month determine as per this paragraph. - If the months specified in the dates of expiry indicated on the Bank Cards are not identical, then the month applicable for the purposes of the unilateral modification shall be the month specified in the dates of expiry indicated on the Bank Cards that is the earliest in the year The modification shall enter into effect at the time of activation of the Bank Cards issued during the modification, but certainly not later than on the first Banking Day of the month following the month determine as per this paragraph. The services, discounts and the set purchase and cash withdrawal limits used in relation to the Bank Card that is to be modified shall be automatically associated with the Bank Card that is to be issued during the modification. The validity of the Bank Cards to be modified shall cease upon the activation of the Bank Card issued during the modification. Exceptions to the unilateral Bank Card-type modification to be implemented in 2014 are the following: If, at the time that the Bank Card type is changed, the Card Holder s right of disposal over the Bank Account is already ensured by a Bank Card type with respect to which, according to the List of Conditions, the type of another existing Bank Card that ensures disposal rights over the Bank Account should also be changed, then the unilateral modification of the type of the Bank Card affected by the modification shall not take place. If more than one of the Card Holder s existing Bank Cards are to be changed to the same Bank Card type, then only the type of that Bank Card will be modified in the case of which the month specified in the date of expiry indicated on the Bank Card is the earliest in the calendar. In the above two exceptional cases, the Bank will terminate the agreement indicated in the Bank Card Application Form pertaining to the Bank Cards that have not been changed, with effect from 31 December Bank Card use, in the case of the Bank Card types indicated in the List of Conditions, is linked to a Card Coverage Account. The Client is obliged to ensure that sufficient funds are available on the Card Coverage Account, as the Bank does not automatically transfer funds from the Bank Account to the Card Coverage Account in order to provide cover for card transactions The Bank Card use is linked to the Client s Bank Account; the turnover transacted on the Card Coverage Account is booked on the Bank Account. 3

4 1.4. The Card Coverage Account may be replenished by making a cash deposit at the Bank, with a one-off and/or regular Book Transfer order (Transfer Order) or by means of a Transfer Order, or by making a cash deposit at an ATM Paying into the Card Coverage Account through an ATM (a) At any time of night or day the Client has the opportunity, at ATMs specified by the Bank exclusively operated by the Bank, using a forint-based Visa or MasterCard Business Bank Card, to make a cash deposit of forint banknotes into the forint-denominated (HUF) Card Coverage Account associated with his/her Bank, for which the envelope designed for this purpose and dispensed by the ATM must be used. (b) A committee at the Bank (for the purposes of this section 1.4: Committee) opens the ATM and then in the course of the same day counts the sum deposited in the envelope, on every Banking Day on which the bank s records indicate that a cash deposit had been made at an ATM. The amount received by the Bank in forint banknotes is credited to the Client s Card Coverage Account, but within three Banking Days at the latest. (c) The Committee makes a written record of the proceedings in the following cases: - if there is a discrepancy between the forint amount indicated by the Client at the time of the deposit and the amount counted by the Committee, after which in the event of a discrepancy the Bank shall credit the Client s Card Coverage Account with the amount determined by the Committee; - if the envelope (also) contains cash of a currency other than forint (HUF) - if the envelope (also) contains counterfeit money; - if the envelope (also) contains coins or other valuables. The Bank stores banknotes of a currency other than forint, coins of any currency or other valuables in its vault, from where the Client or the authorised representative thereof is entitled to collect them in accordance with the following. In the above cases, the Bank notifies the Client without delay by sending a copy of the written record, by post. The Client or the representative thereof, after presenting a document suitable for certifying his/her representation right and/or identity, and after certifying his/her entitlement by presenting the deposit receipt dispensed by the ATM, may collect the cash of a currency other than forint, the coins or other valuables that have been placed in the vault. (d) By making the deposit, the Client agrees to accept the Committee s decisions as final. (e) The Client is liable for any damages resulting from the incorrect use of ATMs. (f) With respect to deposits made at an ATM, the Bank shall charge the effective fees specified in the List of Conditions in relation to cash deposits made at the Bank Branches The Bank Card is a personalised payment instrument. The Card Holder, upon taking receipt of the Bank Card, must sign the signature strip on the back of the Bank Card with his/her signature given on the Bank Card Application Form, and must also use this signature when signing the card receipts at the Places of Acceptance. The Client is liable for any losses arising from failure to provide a signature or from the provision of a signature that differs from the one on the back of the Bank Card Upon receipt of the Bank Card, the Card Holder must check the data on the Bank Card, and must immediately notify the Bank of any errors and discrepancies When using the Bank Card, the Place of Acceptance, regardless of the amount of the Bank Card Transactions, is entitled to request from the Card Holder an identity document that contains his/her personal data, photograph and signature, and to compare this with the Bank Card. 4

5 1.8. The Bank Card is in all cases the exclusive property of the Bank, and is only in the possession of the Card Holder. The Bank Card is not transferable. It is forbidden for the Bank Card to be left in pawn or as a security deposit with a third party in respect of a transaction or to allow someone else to use it The Bank hands over the Bank Card and the personal security elements necessary for its use to the Client in accordance with his/her instructions given on the Bank Card Application Form. The handover may take place in person in a Bank Branch, to the Client or the Card Holder, or it may take place by post in accordance with the Client s declaration made on the Bank Card Application Form. The means of handover of the Bank Card and the Bank Card PIN Code may not differ from each other. When collecting a Bank Card at a Bank Branch, a personal identity document must be presented. If sending the Bank Card by post is selected as the method of handover, Client expressly acknowledges that the Bank does not undertake the sending of the Bank Card or the Bank Card PIN Code to a foreign address. If the Client s Notification Address recorded at Bank and specified as the address for posing the Bank Card, then the Bank Card will be handed over in person at the account-keeping Bank Branch. The Card Holder is only entitled to take receipt of a Bank Card, and the security elements necessary for its use (Bank Card PIN Code) that are intended for him/her. The Client is entitled to authorise third party, in writing, to take receipt of the Bank Card and Bank Card PIN Code. In the latter case it must be clearly apparent from the authorisation what it extends to and at what time it is valid. The Bank is entitled to request that such authorisation be set forth in a public deed or a deed authenticated with the signature of a notary public. If the authorisation is issued abroad, then the provisions of the Bank s CBR relating to authorisations issued abroad are applicable. If an authorisation does not fulfil the above requirements, then the Bank will be entitled to refuse to provide the service described in the authorisation. The Client acknowledges that in the course of acceptance by an authorised person, information classified as bank secrets may come into the possession of a third party, and the Bank assumes no liability for any damages resulting from this The Bank assumes no liability in relation to the forwarding of the postal consignment, and thus all damages resulting from the sending of the Bank Card and the Bank Card PIN Code via a postal service are borne by the Client. Should the Client notify the Bank via CIB24 or in writing that he/she did not receive the Bank Card and Bank Card PIN Code sent by post, and the Bank establishes that 14 days have elapsed since the time of posting the Bank Card, then for security reasons the Bank shall block the Bank Card in accordance with section 5 of these Specific Business Regulations The Bank is entitled to unilaterally change the means of handing over the Bank Card, as long as the cost and fee of the new means of handover are no greater than the cost and fee of the original means of delivery The Bank is entitled to send a written notification to the Client, inviting the Client to choose at his own discretion whether, after receiving the notification in this regard, to take delivery of the Bank Card in person at a Bank Branch or to receive it by post. In the case of such notification, if the Client does not issue instructions regarding the chosen means of acceptance by the deadline indicated in the notification, then the Bank is entitled without the Client s express consent to change the means of acceptance to delivery at the Notification Address, or in the absence of a Notification Address, the address of the Client s registered office (or in the case of a sole trader the Client s home address). 2. Bank Card PIN Code 2.1. The Card Holder is responsible for ensuring that the Bank Card PIN code remains secret, and that it cannot be accessed by another person; the Client is solely liable for any damage resulting from a breach of this obligation. The Card Holder may not write down the Bank Card PIN Code or record it on the Bank Card or any other object that is kept together with the Bank Card The Bank is not liable for any damage resulting from a situation where the Bank Card PIN Code has been obtained by an unauthorised party who has used it without being entitled to do so The Card Holder is obliged to notify the Bank without delay by telephone (CIB24) if his/her Bank Card PIN Code has come to the knowledge of an unauthorised third party. 5

6 2.4. If the Bank Card PIN Code is lost, forgotten or has come into the possession of unauthorised persons, the Client may request replacement of the Bank Card PIN Code in writing, for the fee determined in the List of Conditions. In this case a new Bank Card PIN Code is provided for the existing Bank Card. Replacement of the Bank Card PIN Code may only be requested for an activated Bank Card The Card Holder may change the Bank Card PIN Code to a four-digit number chosen at his own discretion, via an ATM operated by the Bank. The original PIN Code related to the Bank Card cannot be restored. 3. Use of the Bank Card 3.1. A payment transaction through the use of a Bank Card is classed as having been approved by the Client in advance in the following cases: In the case of a Purchase: (a) the Card Holder provides the PIN code and signs the POS slip at the Place of Acceptance; or (b) the Card Holder provides the PIN code at the Place of Acceptance; or (c) the Customer signs the POS slip at the Place of Acceptance; or (d) the use of the Bank Card for the purpose of reserving the amount that will serve as coverage for a later purpose (pre-authorisation); (e) If the Client wishes to make a purchase over the internet with the Bank Card, then it constitutes approval by the Client when the Client gives the Card Number, the Bank Card s expiry date and the three-character code displayed on the reverse of the Bank Card (the Place of Acceptance may request additional data); In the case of a Cash Withdrawal with a Bank Card, when the Card Holder provides the PIN code at the ATM With respect to Bank Card Transactions executed in forint or in foreign currency the prevailing statutory provisions and the regulations of the international card companies shall apply The Bank Card may be used for making Purchases and/or Cash Withdrawals with a Bank Card at Places of Acceptance, with the proviso that the Bank does not offer cash-desk Withdrawals with a Bank Card at its Bank Branches in the case of the Bank Card. A payment instruction given using the Bank Card is irrevocable From the Card Coverage Account, apart from bank card transactions, only Book Transfers are possible Certain Places of Acceptance have what is known as a Merchant Limit (Place of Acceptance) pertaining to the use of the Bank Card, and in the case of Bank Card Transactions involving amounts in excess of such a limit, the Bank Card acceptor must have the Purchase and/or Cash Withdrawal authorised, and must display the received authorisation number on the receipt The Card Holder is obliged to ascertain the accuracy and veracity of the data displayed on the Bank Card (with special regard to the payable amount) and to approve the transactions using the method defined in section 3.1. The preliminary approval defined in section 3.1 must always be deemed to have originated from the Card Holder The Bank issues Bank Cards with the Card Use Basic Limits (purchase limit and cash withdrawal limit) specified in the List of Conditions. 6

7 3.8. The Client may modify the Card Use Basic Limits for each Bank Card. The Client may request any oneoff or permanent modifications of the Card Use Basic Limits / Card Use Limits in writing or via CIB24 following identification with the Telephone ID Code, or via CIB Internet-based Electronic Services, in accordance with the regulations set forth in the relevant User Guide. The new limits set via CIB24 or CIB Internet-based Electronic Services take effect immediately following submission, while limits specified by other means take effect within 24 hours from the time of the request being submitted. The Bank, beyond those described in this section, only accepts instructions for the setting of daily and/or weekly limits. The Bank considers the last instruction given by the Client regarding Card Use Limits to be valid until such time as the Client issues another instruction in this regard. The Card Holder is not entitled to modify the Card Use Basic Limit / Card Use Limit If the Client sets daily Card Use Limits for Bank Card Transactions that are higher than the Card Use Basic Limits specified in the List of Conditions, then the Bank assumes no liability whatsoever for damage arising from Bank Card Transactions in excess of the Card Use Basic Limits determined for each Bank Card type, classified as having preliminary approval in accordance with section 3.1 of these Specific Business Regulations, and all damage resulting from this shall be borne by the Client The Bank is not liable for claims and liabilities originating from the legal transactions between the Card Holder and Places of Acceptance, serving as the basis for the use of the Bank Card The Bank shall not be held liable for a breach of the Credit Limit and Card Use Basic Limit/Card Use Limit in the event that based on the Card Company s procedural rules the Bank Card Transaction, prior to its execution, is checked and approved not by the Bank but by the Place of Acceptance or the Card Company itself, and as a consequence of this one or more Bank Card Transactions comes to be in excess of the Card Use Basic Limit or the Credit Limit A Place of Acceptance may refuse to accept the Bank Card if: the Bank Card user is not the same as the person indicated on the Bank Card; the signature strip on the Bank Card is blank or the Place of Acceptance cannot match the signature on the Bank Card with the one on the Bank Card receipt; the Bank Card has expired; the Bank Card is damaged or has changed in a clearly visible manner, or if the number on the Bank Card receipt is not the same as the one on the Bank Card; the Bank Card is on a blacklist; the Place of Acceptance receives a rejection in response to the request for authorisation; or the Card Holder does not certify his/her identity at the request of the Place of Acceptance The Place of Acceptance, in the event of suspected fraud and/or at the instruction of its settlement bank, may without explanation refuse to accept the Bank Card, and may withhold the Bank Card The Client shall be held responsible for the card use of the Card Holder and also for his/her compliance with Agreement, including, but not exclusively, these Specific Business Regulations. The Client shall be responsible for the Bank Card Transactions of the Card Holder. Based on the written request submitted by the Client to the Bank, the Bank is entitled to cancel the Bank Card and add it to the international card company s blacklist The Bank issues the Card Holder with a Bank Card PIN Code linked to the Bank Card, and hands it over to the Client/Card Holder in accordance with the provisions of section 1.10 of these Specific Business Regulations. With a knowledge of the Bank Card PIN Code, the Card Holder may perform Cash Withdrawals With a Bank Card from automatic teller machines (ATMs) displaying the appropriate logo, and at the Bank Branches, and may make purchases at electronic (POS) terminals that require the use of the Bank Card PIN Code. The Card Holder is responsible for protecting the Bank Card and the Bank Card PIN Code associated with it, and for ensuring that they are used in an appropriate and legal manner. If an unauthorised person 7

8 carries out a Bank Card Transaction by supplying the Bank Card PIN code of the Card Holder, the resulting damage shall be borne by the Client. 4. Validity of the Bank Card 4.1. The validity of the Bank Card is indicated on the Bank Card in accordance with the stipulations of the international card companies. The time of expiry of the Bank Card is to be understood as the 24th hour of the last day of the month of the year indicated thereon. The Bank grants authorisations for Bank Card Transactions in keeping with its own time zone The Bank Card, within the validity period indicated thereon, shall remain in the possession of the Card Holder and be for as long as the Client s Bank Account Relationship with the Bank continues, and until such time as the Bank Card is blocked, or the Card Holder or the Client returns it to the Bank. By the 5th day of the month of expiry of the Bank Card, using the means of handover specified on the Bank Card Application form, the Bank shall automatically deliver the new Bank Card to the Card Holder, and the costs of this shall be charged to the Client s Bank Account. Should the Client decide not to request an automatic renewal of the Bank Card(s), he shall be obliged to notify the Bank in writing about this, at the latest 2 months prior to the expiry date. If the Client fails to meet the notification deadline, the Bank is entitled to the pro-rata part of the Bank Card annual fee determined in the List of Conditions, with which it is entitled to debit any of the Client s bank accounts kept at it. In this case the Agreement set forth in the Bank Card Application Form terminates upon expiry of the Bank Card. The Client, by accepting these Specific Business Regulations, acknowledges and accepts that the Bank Cards will not be automatically renewed in the above manner if: a) the balance of all the Client s unrestricted Bank Accounts managed by the Bank does not exceed HUF 6,001 (six thousand and one forints) at the time of automatic renewal; and b) in the six months preceding the time of automatic renewal no debiting or crediting transaction, with the exception of the crediting of interest or debiting of fees and commissions (cost charging) by the Bank, has been executed on any of the Client s unrestricted Bank Accounts managed by the Bank; or c) Bank Cards are not automatically renewed either if the Bank makes a decision to cancel a product affecting the Bank Card. The Bank shall notify the Client about such decision in writing at least 2 months prior to the expiry of the Bank Card The Bank hands over the Bank Card to its authorised recipient in an inactive state. The Client is entitled to activate (validate) all Bank Cards associated with his/her Bank Account, while the Card Holder is only entitled to activate the Bank Card made to his/her name, within the validity period of the Bank Card. The Client is entitled to authorise a third party to activate the Bank Card. Validation (activation) of the Bank Card may take place through the following channels: at bank branches, via CIB24 after giving the Telephone ID Code, using CIB Internet-based Electronic Services, in accordance with the procedures set out in the relevant User Manual. Activation of the Bank Card takes place no later than within one Banking Day from receipt by the Bank of the request in this regard. 4.4 Uncollected Bank Cards are destroyed by the Bank within 6 (six) months after the Parties signed the Bank Card Application Form. 4.5 The Client may request the replacement of Bank Cards destroyed in accordance with section 4.4, within their validity period, by means of a written declaration. If, within the validity period of the destroyed Bank Card, the Client does not request a replacement, then upon expiry of the destroyed Bank Card the Agreement set forth in the Bank Card Application Form shall terminate. 8

9 5. Blocking 5.1. The Bank ensures that the Bank Card may be blocked at any time. The Bank, after the blocking, shall not perform any payment transactions based on a payment order given with the Bank Card The Card Holder or the Client is obliged to notify the Bank without delay via CIB24 if the Bank Card is no longer in his/her possession or under his/her protection (it has been lost or stolen) or has been damaged, or the Bank Card PIN code required for the use of the Bank Card or any other Bank Card identification data has been obtained by an unauthorised third party, or an unapproved Bank Card transaction has been initiated with the Bank Card. When reporting a lost or stolen Bank Card, the Client must provide at least the following information: the Client s name, account number and the reason for the blocking request. The Card Holder may ask the Bank to issue him/her, free of charge, with a certificate on the time and content of the blocking request. The Bank shall issue the certificate within 15 Banking Days of blocking requests made less than one year previously, and within 30 days in respect of blocking requests made more than one year previously. In the event of a request to block the Bank Card, the Card number is put on a blacklist and may not be reissued. If necessary the Client may request replacement of the Bank Card in writing. In the event of a blocking, the Client shall pay the blocking fee specified in the List of Conditions. If, within the deadline published in the List of Conditions, the Card Holder or Client sends to the Bank a copy of the report on the blocking filed with the relevant authority (police), the Bank shall repay the amount determined in the List of Conditions to the Client, by crediting the relevant amount to the Client s Bank Account or Card Coverage Accounts. In the event of the disappearance of the Bank Card in the course of its posting, and it s blocking by the Bank unless the Client instructs otherwise the Bank shall send the Bank Card to the Client using the means of handover specified in the Agreement set forth in the Bank Card Application Form The Bank assumes no liability for damage sustained by the Client due to the blocking (not including the provisions set out in section 5.4 below). The Bank is not liable for damages incurred by the Client or the Card Holder as a result of the blocking of the Bank Card even if the blocking was requested by a person other than the Card Holder or the Client ( unauthorised blocking request ). In all cases, including unauthorised blocking requests, the costs and charges related to the blocking are borne by the Customer. The Bank has the right to debit the blocking fee determined in the List of Conditions from the Client s Bank Account In respect of unapproved payment transactions that have been made with a Bank Card that has been mislaid by the Card Holder or stolen, or that originate from other unauthorised use of the Bank Card, the Client shall bear the damages in an amount up to the equivalent of HUF 45,000 up to the time of the reporting of the Bank Card s having been mislaid by the Card Holder, its theft or unauthorised or unapproved use. The Customer shall not bear the liability referred to in this section if the damages were caused with a personalised procedure classed as a Bank Card, which took place using an information technology device or telecommunications device, or if such was used without the personal security elements such as the PIN code or other code or if the Bank breached its obligation to provide the Client with a 24-hour reporting opportunity. Following the reporting referred to in point 5.2 above, the Bank shall be liable for damages in respect of unapproved payment transactions made with a mislaid or stolen Bank Card or originating from otherwise unauthorized use of the Bank Card. However, the Bank shall be exempt from its above compensation liability if it can prove that the damage generated in connection with the unapproved payment operation was caused by the Client s proceeding in a fraudulent manner, or if that the damage was caused by the Client s wilful or grossly negligent breach of his/her obligations pertaining to the use of the Bank Card as specified in section 3 or his/her reporting obligation mentioned above. With regard to the time of the blocking request, the time registered by the Bank shall be definitive. The Client is liable for any damage arising from a delay in any reporting. The Bank reserves the right to initiate legal proceedings against the Card Holder in the event of fraud related to the Bank Card that was committed by the Card Holder or by another person with the collusion of the Card Holder. The Bank is exempt from liability if it proves that the damage originated from wilful or grossly negligent breach of contract on the part of the Client or the Card Holder. 9

10 5.5. In the event of the blocking of an activated Bank Card the Bank, based exclusively on the Client s request made in writing or via CIB24 following telephone-based identification, within the validity period of the blocked Bank Card, shall issue a new Bank Card and Bank Card PIN code to the Client, which shall be valid until the expiry date of the original Bank Card. If the period between the blocking of the Bank Card and the expiry of the Bank Card is shorter than 60 days, the new Bank Card will be issued with the expiry date of a renewed card. The blocking of the Bank Card may not be reversed, and if the blocked Bank Card is later recovered, the Card Holder is not entitled to demand its use, but instead must return the recovered Bank Card to the Bank without delay, and the Client is solely liable for any damage resulting from a breach of this obligation If the Bank Card is re-manufactured for any reason (especially, but not limited to damage, corruption of the magnetic stripe or chip, replacement of the Bank Card PIN code) the Bank shall issue the Card Holder a new Bank Card that is valid until the expiry date of the original Bank Card, and if necessary with a new Bank Card PIN code. If the period between the re-manufacturing of the Bank Card and the expiry of the Bank Card is shorter than 60 days, the new Bank Card will be issued with an extended validity period The Client or Card Holder must use the Bank Card in accordance with the above and display such conduct as may generally be expected in the given situation in the interest of safeguarding the Bank Card and the personal security elements necessary for its use. The Client or Card Holder is obliged to notify the Bank without delay if he/she becomes aware of the loss, theft, or unauthorized or unapproved use of the Bank Card. The Bank, for the use of the Bank Card, shall charge the fee, cost or other payment obligation specified in the latest effective relevant List of Conditions The Bank reserves the right to partially or fully restrict the use of the Bank Card, or block it, if there is a suspicion that the Bank Card is being used in an unauthorised or fraudulent manner, or in order to ensure the security of the Bank Card. In the case of a Credit Card, the Bank shall reserve the right to block the card even if doing so significantly increases the risk that the Client will not be able to meet his/her payment obligation to the Bank, particularly if the Bank restricts the use of the Credit Card because the Minimum Payable Amount was not credited by the deadline. The Bank, in response to the Client s notification made in writing or via CIB24 to the effect that the Bank Card issued by the Bank and not received by the Client has been lost in the post shall block the Bank Card. The Bank, without delay following the blocking without a written request to this effect from the Client shall arrange for the manufacturing of a Bank Card with the same features as the blocked Bank Card, and the delivery thereof and the PIN Number associated with the Bank Card in the manner specified on the Bank Card Application Form to the Client. If, at the time of reporting the loss of the Bank Card in the post, the Client notifies the Bank that he/she does not request replacement of the Bank Card, then the Agreement set forth in the Bank Card Application Form shall terminate upon receipt by the Bank of such notification by the Client The Bank shall fully limit (block) the use of the Bank Card in the event of a modification mentioned in section 1.1 of these SBR affecting the Bank Card, simultaneously with the activation of the Bank Card issued during the modification. If the Bank Card issued during the modification is not activated by the date of the modification s entering into effect specified in section 1.1, the Bank shall block the modified Bank Card on the day of the modification s entering into effect, regardless of its term of validity. A modified Bank Card cannot be used from the day of blocking In the event of the blocking of a Bank Card except for section 5.9 the Bank shall attempt to contact the Client by telephone before the blocking, but no later than immediately after the blocking, to inform the Client of the blocking and its reasons. The Bank is under no obligation to inform the Client if doing so would jeopardize the security of the Bank s operation or if the obligation to inform is precluded by a statutory regulation. If the reason for blocking the Bank Card ceases to exist, and if the Client requests the issuance of a new Bank Card from the Bank, then the Bank may provide the Client with a new Bank Card. 10

11 6. Processing of Bank Card Transactions, settlement of interest, fees, commission and costs 6.1. The Bank settles the debits and credits resulting from Bank Card use automatically, based on the electronic messages it receives, and exclusively in accordance with the data contained in these messages. The Bank does not examine the lawfulness of the legal transactions that underlie the transactions. In the course of settlement, the fact that the card receipt issued at the Place of Acceptance is not in the possession of the Card Holder is not an obstacle to debiting the Bank Account. The Bank may charge the amount of the Bank Card Transaction to the Client s Bank Account within the limitation period, with no time restriction Bank Card Transactions executed in currencies other than forint are settled by the international card companies in the currency of settlement between the Bank and the card company (EUR and USD) at the exchange rate valid on the given day and from the Bank s settlement account in an amount increased by the fees specified in their fee calculation regulations, and the Bank converts these amounts into the currency of the Bank Account to which the Bank Card is linked at the exchange rate specified in the List of Conditions and charges it to the Bank Account. The Bank bears no liability for the risk of changes in the exchange rate and for the fees charged by the international card companies. The exchange rates relating to Bank Card Transactions and applied in the course of settlement between the Bank and the Customer are specified in the List of Conditions Interest, fees and costs are due in forint upon the settlement of the Bank Card Transaction and/or issuance of the Bank Card. The Bank provided there has been some turnover on the Card Coverage Account shall inform the Client of the settlement of Bank Card Transactions every day in a Bank Account Statement. The Bank Account Statement besides other Bank Card Transactions contains the Bank Card Transactions cleared on the Card Coverage Account up to the time of preparing the Bank Account Statement. The Bank shall not be liable for the consequences of any delay in the lodging of complaints related to Bank Card Transactions if the Client does not request that the Bank Account Statement be mailed to his/her Notification Address. 7. Complaints 7.1. The Client can make a complaint relating to any data in the Bank Account Statement and/or the Bank Card Transactions booked on the Bank Account, in accordance with the provisions of the CBR. The Client must indicate the contested amount and what he/she believes to be the correct value of the Bank Card Transaction, and must describe the reason for the complaint and enclose all the documentary evidence at his/her disposal. The Bank, within the scope of its own authority, investigates the grounds of complaints submitted by the Client for whatever reason, and decides on the necessary measures. If the Bank is not the acquiring credit institution, it forwards the complaint to the acquiring credit institution that has concluded a contract with the commercial place of acceptance or which operates the ATM or bank cash desk, either directly or via the international card organisation. If the complaint does not prove to be grounded, the Bank has the right to charge the amount of the Transaction to the Client s Bank Account with the date of the original transaction. Exceptions to the above are cash withdrawal and purchase transactions executed fraudulently, in which case the Bank shall credit the amount of the contested Transaction, insofar at the Client s responsibility can be ruled out in the course of the investigation. Apart from the above instances, the Bank shall only credit the contested amount to the Client s Bank Account/Card Coverage Account if the aforementioned credit institution or other authorised entity has categorically upheld the complaint in writing The complaint shall not have any delaying effect with respect to payment obligations towards the Bank The Bank shall do all it can to investigate complaints and/or to have them investigated, and it shall inform the Client about the findings of the investigation within 120 days from the receipt of the written complaint. If investigation of the complaint and notification of the Client is not possible within this deadline due to the nature of the service or the involvement of third parties (especially, but not limited to: international card companies, other financial service providers, organisations performing outsourced activities.) in provision of the service, then the Bank shall inform the Client of the expected time of investigating the complaint and sending of the results. With respect to the handling of complaints submitted via the Bank s supervisory body, the relevant statutory provisions shall apply. 11

12 7.4. If the complaint is found to be justified, the Bank shall settle the contested amount of the Bank Card Transaction. If the complaint proves to be unfounded, the Client shall be obliged to bear any costs that the international bankcard organisations or other banks have charged to the Bank as a result of the investigation, and the Bank shall be entitled to immediately debit this amount to any of the Client s Bank Accounts kept at the Bank, and the Client consents to this. 8. The responsibility of the Bank, of the Client and of the Card Holder 8.1. The Bank is responsible for delivering the Bank Card to the Card Holder or the Customer. The Bank assumes no liability for damages sustained by the Customer as a result of the Bank Card s becoming faulty after it has been handed over to the Card Holder/ Customer. The Bank assumes no liability for any damages sustained by the Customer or the Card Holder as a result of the Bank Card Transaction s being refused by the Place of Acceptance Beyond the stipulations of this paragraph, the Bank is not liable for damages sustained by the Customer or the Card Holder due to causes that may not be prevented or mitigated by the Bank, especially for such damages that originate from a failure to notify the Card Holder or execute his/her order if this stems from a fault in the telecommunication lines or data transmission systems or from an error on the part of the postal services, where the failure cannot be attributed to the Bank and the Bank has proceeded with a level of care that may generally be expected. The Bank is liable for the erroneous execution of Cash Withdrawals made with a Bank Card. The Bank shall indemnify the Customer for any damages suffered as specified in this section, including: - The amount of the erroneously executed operation, and the interest determined on the basis of the benchmark interest rate (the interest calculation covers the period lasting from the execution of the operation until re-crediting to the Customer s account); - The amount of the non-executed transaction and the interest, calculated using the benchmark interest rate, from the time of acceptance of the payment order up until the time of crediting to the beneficiary The Customer bears unlimited, joint-and-several liability for payment of the Card Holder s Purchases, and is obliged to indemnify the Bank for any losses, damages, costs and expenses arising due to the Card Holder s activity or negligence The Bank is not liable for any damages suffered by the Card Holder or the Customer as a result of errors or omissions made by the Place of Acceptance during the process of accepting the bankcard or due to its not having the given Bank Card Transaction authorised In the event of any dispute arising between the Card Holder and the Place of Acceptance, in which the Bank is not a party, the liability of the Card Holder and the Customer towards the Bank shall not be affected by such dispute, or by any counterclaim or offsetting right which the Card Holder or the Customer may enforce against the Place of Acceptance If the Bank, in the interest of fulfilling an order received from the Card Holder, uses the services of a third party, and the liability of this third party is limited by a statutory provision, business policy, international agreement, regulation, standard or an agreement regulating the terms of cooperation, the Bank s liability shall be adjusted in line with this The Customer shall bear full material liability for the appropriate use of the Bank Card in accordance with the statutory provisions and these Specific Business Regulations. The Customer is obliged to indemnify the Bank for all damages originating from any use that is not in accordance with the above If, in the event of a suspicion of fraud revealed in the course of a telephone-based transaction reconciliation (monitoring) procedure initiated by the Bank with the Card Holder, the Card Holder refuses to initiate the Blocking of the Bank Card despite the Bank s express recommendation to that effect, this failure to block the Card will qualify as a grossly negligent breach of contract by the Cardholder, which conduct will preclude all liability on the part of the Bank for any damages resulting from the failure to block the Card. 12

13 9. Restriction of the Bank Card s use, termination of the Agreement set forth in the Bank Card Application Form 9.1. The Agreement set forth in the Bank Card Application Form automatically terminates on the day of termination of the Agreement pertaining to the Bank Account to the Card Coverage Account If the Bank Card is blocked and the Client does not request a replacement within the validity period of the blocked Bank Card, then the agreement set forth in the Bank Card Application Form shall terminate on the day of expiry of the Bank Card as specified in the Bank Card Application Form The Parties shall settle accounts with each other on the day of termination at the latest The Agreement set forth in the Bank Card Application Form shall terminate if, following its signing by the parties, the Bank notifies the Client that he/she is not eligible to receive the Bank Card and therefore it will not provide the Client with the Bank Card. The Bank shall notify the Client in writing of this type of termination of the Agreement set forth in the Bank Card Application form If the suspicion or possibility of the fraudulent use of the Bank Card arises, the Bank may partly or fully restrict the use of the Bank Card at any time without giving its reasons for doing so. At the same time as this, the Bank shall send notification to the Client In the event of the blocking of the Bank Card, if the Client does not request the issue of a new Bank Card during the validity period of the original Bank Card, then upon expiry of the Bank Card s validity period the Agreement set forth in the Bank Card Application Form shall terminate The termination of the Agreement indicated on the Bank Card Application Form shall not affect the Client s existing and/or future liabilities related to the use of the Bank Card In the event of termination by the Client of the Agreement set forth in the Bank Card Application form the Client is obliged to return the Bank Card(s) to the Bank, if this does not occur the Bank will take measures to block the Bank Card, if it has not yet expired. If the Agreement set forth in the Bank Card Application Form terminates for another reason or the Bank Card has expired, the Client is obliged to cut the Bank Card in half or perforate it in such a way as to render the magnetic stripe unusable. The Bank shall not be held liable for any loss or damage arising from a failure to return the Bank Card, and shall debit the blocking fee, published in the List of Conditions, to the Client s Bank Account or Card Coverage Account. II. DIFFERENT PROVISIONS REGARDING CREDIT CARDS 10. On Credit Cards in general Based on the Main Card Holder s application the Bank decides, at its own sole discretion, whether to issue a Credit Card to the Card Holder, usable by the Credit Card Holder designated by the Client up to the amount (Credit Limit) determined by the Bank. If the Client does not fulfil the Bank s creditworthiness requirements, the Bank is entitled to refuse to issue the Bank Card without explanation. 11. Conclusion of the Credit Card Agreement Prior to the conclusion of the Credit Card Agreement, the Bank will examine the creditworthiness of the Client. In order for creditworthiness to be assessed, the Client shall provide all the documents and information for the Bank, in the format and with the contents required by the Bank. If, based on the data and information provided and the examination of the Client s creditworthiness and the Collateral pledged, the Bank judges the Client s creditworthiness to be appropriate, it will decide to approve the Client s application; otherwise, it will refuse to do so. The Bank, in its approval of the credit application, may also specify a lower amount of Credit. The Bank shall itself determine the criteria for granting the credit products that it offers. If the Client fails to meet the criteria determined by the Bank, the Bank may refuse to grant the Loan/issue the Credit Card, without explanation. 13

14 11.2. The Client shall be responsible for the accuracy and veracity of the information provided by him to the Bank, and shall ensure that such information is not misleading. The Bank shall be entitled to check the veracity of the data provided by all legitimate means at its disposal. In the interest of a speedy appraisal of the loan application, the Client agrees to provide the data and documents requested in a manner and within the deadline specified by the Bank, but not later than within 30 days, for the Bank. If the Client fails to hand over the information and documents to the Bank by the deadline and in the manner specified by the Bank, the Bank may refuse to satisfy the Client s request. The Bank shall be entitled to review the Client s creditworthiness at any time during the term of the Credit Card Agreement. To this end, the Client shall provide the Bank with the data and documents specified by the Bank within the deadline specified in the Bank s notice to the Client. The Bank may, as a result of the loan appraisal, initiate the modification or cancellation of the Credit Card Agreement and/or request that the Client provide further collateral. The Client may also initiate the amendment of the Credit Card Agreement or an increase in the credit amount The Credit Card may only be collected by the Client at a Bank Branch The Bank issues the Credit Card to the Client with the Card Use Basic Limit specified in the List of Conditions The Client is entitled to modify the Card Use Basic Limit for all his/her Credit Cards. The Client may request any one-off or permanent modifications of the Card Use Limits/Card Use Basic Limits in writing or via CIB24 following identification with the Telephone ID Code, or via CIB Internet-based Electronic Services, in accordance with the regulations set forth in the relevant User Guide. The new limits set via CIB24 or CIB Internet-based Electronic Services take effect immediately following submission, while limits specified by other means take effect within 24 hours from the time of the request being submitted. The Bank, beyond those described in this section, only accepts instructions for the setting of daily and/or weekly limits. It will regard the latest daily-limit instruction given by the Client as valid for as long as it is not overruled by a new instruction submitted by the Client in the same manner. The Credit Card Holder is not authorised to modify the daily limits If the Client sets limits, with respect to Credit Card Transactions, that are higher than the Card Use Basic Limits specified in the List of Conditions, the Bank assumes no liability whatsoever for any damage arising from Credit Card Transactions that are in excess of the daily Card Use Basic Limits determined for each Credit Card type, classed as having been approved in advance as per section 3.1 of these Specific Business Regulations, and all damage resulting from such shall be borne by the Client. 12. Use of the Credit Card The latest balance means the Client s debt that is outstanding towards the Bank based on the Credit Card Agreement, of which the Bank notifies the Client by sending a Bank Account Statement The Bank is entitled to modify the amount of the Credit Limit at any time in accordance with the provisions of the Credit Card Agreement, notifying the Customer at the same time of the modified amount of the Credit Limit. The Client notifies the Credit Card holders of the modified credit amount Payment of the latest balance indicated on the Bank Account Statement relating to the Credit Card is due in full, and must reach the Credit Card Account by 18:00 on the day of the payment deadline indicated on the Bank Account Statement. Should the last day of the payment deadline not be a Banking Day, then the next Banking Day shall be the day of the deadline for payment. The Client may choose not to settle the due balance in full, in which case he/she must, within the Payment Grace Period, by the specified deadline, pay the Minimum Payable Amount, the extent of which is indicated on the account statement. If the current balance is less than HUF 3,000 on the Billing Date, the Customer shall not be obliged to pay the Minimum Payable Amount in respect of the settlement directly preceding the last day of the payment deadline relating to the Credit Card account. Deposits may be made using the following payment methods: Cash deposit at one of the Bank s Branches 14

15 Book transfer from a forint or foreign-currency account kept at the Bank Transfer (from an account kept by the Client at another financial institution) The Client is obliged to repay the utilised part of the Credit Limit (Debt) to the Bank by the day of expiry of the credit limit, at the latest. The Debt must be credited to the Credit Card Account by 18:00 on the day of expiry, at the latest If, within 15 days following expiry of the Payment Grace Period, the Minimum Payable Amount is not credited to the Credit Card Account, the Bank may restrict the use of or may block the Credit Card. The Bank will release the restriction on the use of the Credit Card on the day after the debt is settled If the Bank Account Statement relating to the Credit Card does not reach the Client during the Payment Grace Period for reasons beyond the Bank s control, the Bank shall assume no liability for any additional costs (default interest, charging of credit interest) incurred due to a delay in payment. As a part of the Client s damage mitigation obligation, he/she is obliged to do all that may reasonably be expected of him to inquire during regular hours, through the communication channels available to him (CIB24, CIB Internet Bank or at a Bank Branch in person), about the content of any expected but not received Bank Account Statement and about any payment deadlines, in order to avoid any additional costs. If the Minimum Payable Amount is not paid in the given month by the deadline indicated on the Credit Card Account statement, the Bank shall charge, for each late payment, the extraordinary fee for late payment as specified in the latest effective List of Conditions for Credit Cards. Any unpaid Minimum Payable Amount is carried over to the following period, and will increase the Minimum Payable Amount of that next period accordingly Following their crediting, the repaid amounts may be used again for making Purchases (i.e. for paying the price of goods and services), up to the total amount of the Credit Line (this being a revolving Credit Facility). The amount of the Debt is increased by the amount of any unpaid Credit Card Transactions, as well as any unpaid interest, fees and commissions specified in the List of Conditions, and every month, the amount of such unpaid Transactions, and fees and commissions specified in the List of Conditions, are capitalised, while the Debt is reduced by the amount of any repaid amount The Bank shall make the credit limit available to the Client for one year. The Client authorises the Bank to extend the credit limit associated with the Credit Card by another year at unchanged terms upon expiry, unless the Bank receives a written statement by the Client to the contrary no later than two months prior to the date of expiry. The Bank shall review the Client s creditworthiness annually, and based on this based on these, shall decide on whether to extend the Credit Card Agreement for another year. The Bank shall not be obliged to extend the Credit Card Agreement (the credit limit related to the Credit Card) for another year. Should the Bank decide not to extend the Credit Card Agreement (the credit limit related to the Credit Card) for another year, it shall notify the Client of this at least 2 months prior to the date of expiry of the Credit Card The Bank shall not in the absence of an agreement to the contrary pay interest on the positive balance of the Credit Card Account. The Bank and the Client agree that the Bank shall not fulfil payment orders submitted by a third party beneficiary against the Credit Card Account for the purpose of collection from the Credit Card Account, except for orders submitted on the basis of the Client s authorisation The Client without using the Credit Card is entitled to submit transfer orders, in accordance with the general rules on payments, against the Credit Card Account. The repaid amounts can be used for the purpose of making transfers from the Banking Day following their crediting. 13. Fees and interest related to the Credit Card, and the payment thereof The Bank shall charge, in each month, the interest determined in the List of Conditions, in accordance with the following, on the Client s debt. 15

16 In the case of a Cash Withdrawal with a Credit Card and/or a Transfer charged to the Credit Card Account, the Bank charges credit interest from the day of debiting the Credit Card Transaction until the day of repayment. The amount of the interest is debited from the Credit Card Account on the day of preparing the Credit Card Account statement. Interest on Purchases made with the Credit Card if the Client repays in full, by the payment deadline, the Debt outstanding on the Billing Date, the amounts used for purchases made during the settlement period are free of interest; if payment is not made or only part payment is made by the payment deadline, then on all the Purchases made in the given settlement period the Bank shall charge interest from the time of debiting the transaction until the day of repayment. The Bank calculates interest on a daily basis and debits it once a month on the day of preparing the Bank Account Statement. If the Client breaches the Credit Limit set by the Bank, the Bank, in the given month, shall charge the Credit Limit Breach Fee specified in the List of Conditions, per breach, which means that the Credit Limit Fee is charged as many times as the Credit Limit is breached. The fees and commissions that are due at the time of concluding the Credit Card Agreement are charged by the Bank to the Credit Limit. In the event of termination of the Credit Card Agreement, on the debt not paid at the time it fall due, the Bank shall charge the Default Interest determined in the List of Conditions, until the settlement of the debt Credit Card transactions executed in a currency other than forint are charged to the Credit Card Account at the exchange rate determined in the List of Conditions With respect to other matters related to the Credit Card, the relevant provisions of the Specific Business Regulations for Bank Cards are applicable. 14. Other provisions III. Miscellaneous provisions The provisions set forth in these Specific Business Regulations shall apply to non-resident business Clients from 10 June 2012, with the proviso that Part II (Credit Cards) of these Specific Business Regulations is not applicable to Clients classified as non-resident companies. 16

17 TABLE OF CONTENTS I. Bank Cards 1. A Bankkártyáról általában Bankkártya PIN Kód A Bankkártya használata A Bankkártya érvényessége Tiltás A Bankkártya Tranzakciók könyvelése, kamat, díj, jutalék és költség elszámolása Reklamáció A Bank, az Üzletfél és a Kártyabirtokos felelőssége A Bankkártya használatának korlátozása, a Bankkártya Igénylőlap szerinti Szerződés megszűnése II. Hitelkártya 10. A Hitelkártyáról általában A Hitelkártya Szerződés megkötése A Hitelkártya használata A Hitelkártyához kapcsolódó díjak, kamatok, azok megfizetése Egyéb rendelkezések Table of contents