SPECIFIC CONDITIONS OF THE CARDS. Note: The provisions given below apply to all CARD types issued by the BANK in accordance with these TERMS AND CONDITIONS to the CLIENT and the ADDITIONAL CARD HOLDER(s) as requested by the CLIENT, unless the context requires otherwise. 3.3.1 The BANK will make the CARD(s) based on and according to the APPLICATION filled out by the CLIENT and transfer the CARD (s) to the CLIENT in his/her use (together with a PIN-code in a sealed envelope) to carry out OPERATIONS through his/her ACCOUNT(s). The CARD is a property of the BANK. 3.3.2 ADDITIONAL CARD, ADDITIONAL CARD HOLDERS - The CLIENT may require from the BANK to issue an ADDITIONAL CARD, PIN-codes and, where needed, any other ACCESS CODES for his/her family member(s) and other related persons. When the BANK gives consent to issue an ADDITIONAL CARD the CLIENT shall inform the ADDITIONAL CARD HOLDER these TERMS AND CONDITIONS. Furthermore, the CLIENT shall pay a cost of OPERATIONS carried out by the ADDITIONAL CARD and ACCESS CODES and other relevant costs. The costs of the OPERATIONS include any amounts charged to the ACCOUNT after returning the ADDITIONAL CARD to the BANK. - The CLIENT authorizes the BANK to give certain information to the ADDITIONAL CARD HOLDER(s). This information includes the ACCOUNT(s) data as well as other information required for proper use of the ADDITIONAL CARD(s). 3.3.3 The CLIENT needs to choose in the APPLICATION a spending scheme of the money available on the ACCOUNT(s): he/she needs to choose or not to choose a main account (where the main account is not chosen, it will be deemed Georgian Lari. A money spending scheme from different currency ACCOUNT(s) linked to one CARD will depend on the abovementioned choice of the CLIENT, in particular: - An OPERATION will be first of all carried out from the currency ACCOUNT relevant to that OPERATION; if this ACCOUNT holds insufficient or no funds, a required part of the amount will be first charged to the main ACCOUNT and then – to other ACCOUNT(s) in the following ORDER: Georgian Lari, USD, Euro. Currency will be converted at the BANK’s commercial exchange rate set by the end of the respective BANKING DAY. 3.3.4 If the date of OPERATION coincides with a NON-BANKING DAY, the bank OPERATION will be carried out on the next BANKING DAY. 3.3.5 The BANK assumes the following liabilities: - To make and transfer the CARD(s) to the CLIENT in his/her use in accordance with information specified in the APPLICATION. - To write off amounts from the CLIENT’s ACCOUNT(s) in accordance with the spending schedules specified in the CLIENT’s APPLICATION; - To issue an ACCOUNT STATEMENT to the CLIENT (ADDITIONAL CARD HOLDER) upon his/her request at the fees established at the BANK; - To return any ACCOUNT balance to the CLIENT when a CARD is cancelled or withdrawn within 14 (fourteen) BANKING DAYS upon returning the CARD. Where the CARD is not returned, the BANK will not be responsible for the termination of CARD validity. 3.3.6 The BANK may: - Where required, replace the CARD with a new one during the period of validity of the CARD and give a 14 (fourteen) BANKING DAY notice thereon to the CARD holder. - Block other ACCOUNTs of the CLIENT opened with the BANK and use any amounts available thereon for the (unauthorized) OVERDRAFT repayment within a term defined by the BANK. - Give a notice to the CLIENT / ADDITIONAL CARD HOLDER to return the CARD to the BANK if it detects any unlawfulness in the CLIENT’s actions during carrying out OPERATIONS. - When a CARD is lost, write off from the CLIENT’s ACCOUNT all funds equivalent to the OPERATIONS carried out during the period from the date the CARD was lost till the relevant written notice is received by the BANK. - Where the CLIENT or/and ADDITIONAL CARD HOLDER is in breach of the AGREEMENT as well as in case of the CLIENT’s insolvency, suspend or terminate the CARD validity and take necessary measures to collect the CLIENT’s debts against the BANK. - Suspend the CARD validity when unlawful OPERATIONS are detected as well as upon receiving the information from VISA International and MasterCard International payment systems confirming any unlawful CARD usage. - Cancel the CARD or/and close a respective ACCOUNT if the CARD (ADDITIONAL CARD) holder fails to appear or/and if no banking OPERATIONS were carried out on the given ACCOUNT within 90 (ninety) calendar days upon submitting by the CLIENT of the APPLICATION for making a CARD. - At its sole discretion, reject issuing and/or recovering a CARD(s) for the CLIENT. - Write off without acceptance from the ACCOUNT at the rates applicable at the BANK any COMMISSIONS determined for carrying out bank OPERATIONS, as well as for the ACCOUNT and the CARD/ADDITIONAL CARD, all costs incurred in case of the CARD(s) lost and a cost of the OVERDRAFT usage as well as any payments established by the Georgian law. - Write off without acceptance from the ACCOUNT all funds equivalent to the OPERATIONS carried out via all those CARDs/ADDITIONAL CARDS issued to the CLIENT as well as the OPERATIONS submitted by banks and organizations through the payment systems VISA International and MasterCard International at the rates established at the BANK along with the COMMISSIONS. Any amounts equivalent to the OPERATIONS carried out will be recorded (exchanged) in accordance with the scheme specified in the APPLICATION (paragraph 3.3.3) at the rate applicable at the BANK on the date the respective OPERATION was recorded. 3.3.7 The CLIENT assumes liabilities for: - Crediting money to the ACCOUNT(s) within 1 (one) BANKING DAY upon signing of the AGREEMENT in cash or via transfer in the required amount defined by the BANK for a given CARD type. - Being responsible for accuracy of the APPLICATION and inform the BANK in writing on any changes to the information specified in the APPLICATION within 5 (five) BANKING DAYS. For the avoidance of any doubts, the BANK will not be held liable for any discrepancy between the information specified in the APPLICATION and identification data of the CLIENT specified in the ID card and/or passport and the CLIENT is not able to carry out certain OPERATIONS. - Keeping all documents available of the OPERATIONS carried out via the CARD and presenting those documents to the BANK whenever any dispute arises. - Informing the BANK immediately on the loss of the CARD. Any verbal statement must be confirmed by personally arriving to the BANK and by a written APPLICATION. Otherwise, the BANK will not be held liable for any financial loss incurred by the CLIENT (the written APPLICATION must be submitted within one BANKING DAY upon verbal statement is made). In case of delay, before the BANK receives an APPLICATION on the loss of the CARD, for all OPERATIONS carried out by the third persons using the CARD, the CLIENT/ADDITIONAL CARD HOLDER shall be responsible. - Returning immediately the lost CARD to the BANK as soon as it is found. - Returning the CARD to the BANK where the latter cancels or withdraws it within 14 (fourteen) calendar days upon notification. - Not asking for returning in cash of the cost of any goods purchased by CARD from a point of sale, where the goods are returned. The paid money will be reimbursed only via transfer to the respective ACCOUNT. - Carrying out OPERATIONS using the CARD in accordance with these TERMS AND CONDITIONS. - Familiarizing the ADDITIONAL CARD HOLDER with these TERMS AND CONDITIONS. - Observing the TERMS AND CONDITIONS in case of loss of the CARD and being responsible for all OPERATIONS carried out by any third persons using the CARD before the BANK receives a notice of loss. - Paying all taxes defined by the Georgian law. - Paying for OPERATIONS carried out at the rates established in the BANK as well as all those COMMISSIONS established by the BANK for servicing the ACCOUNT and the CARD(s) and reimbursing all costs associated with the loss of the CARD(s). 3.3.8 The CLIENT may: - Carry out OPERATIONS using the CARD within the LIMITs OF SPENDING. - Present claims to the BANK within 7 (seven) calendar days. - Receive a current month ACCOUNT STATEMENT at the BANK no later than the fifth calendar day of each following month. - Present a claim for maximum 5 OPERATIONS carried out without the CARD via a postal communication service or Internet. The BANK will accept the claims on the abovementioned OPERATIONS only in case of renewal of the lost CARD. - Be a guarantor at the BANK in case of issuing an ADDITIONAL CARD. - Inform the BANK in writing on the CARD expiry and apply for its renewal.
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Sources: Banking Service Agreement, Banking Service Agreement