General terms for issuance of International debit card Maestro

I.GENERAL TERMS AND CONDITIONS FOR SERVICING OF INTERNATIONAL DEBIT CARDS MAESTRO ISSUED BY Societe Generale Expressbank

1. The following General Terms determine the rights and liabilities of Societe Generale Expressbank, as an issuer of the International debit card Maestro, hereinafter referred to as THE ISSUER and the CARDHOLDER when opening and servicing the settlement card account for effecting payments via International debit cards Maestro.

2. The following General Terms are an inseparable part of each individual agreement for the issuance of a bankcard. In case of contradiction between the General Terms and the negotiated individual agreements, the negotiated individual agreements are in force between parties.

3. In case of conditions not provided in the General Terms, Regulation No.16 of BNB for payments via bank cards /State Gazette, edition 28 dated 28.03.1995/ and other relevant public acts of the Bulgarian legislation are in force.

4. THE ISSUER has the right to issue a bank card to a capable physical person as per the following General Terms who has signed an individual agreement for issuance of International debit card Maestro of Societe Generale Expressbank.

5. Bank card is a plastic card which contains electronically recorded data and is used repeatedly to identify a cardholder and to make the following operations:

- withdrawal of cash in Bulgaria and abroad up to the defined limits through Automated Teller Machine (ATM) terminals bearing Cirrus and Maestro logo;

- payment of goods and services in Bulgaria and abroad up to the defined limits through Point of Sale (POS) terminals bearing Cirrus and Maestro logo;

- obtain statements via ATM ( this operation is not allowed for the additional cards);

- change the PIN by the CARDHOLDER via ATM;

- transfer of funds between accounts through ATM terminals( this operation is not allowed for the additional cards);

- payment of utilities at ATM.

6. Societe Generale Expressbank International debit cards Maestro subject to these General Terms can be used for on-line payments only. Each debit card operation is approved immediately by the authorization system of the national operator.

7. The Bank card is owned by the ISSUER.

8. The bank card can be used at ATM terminals and POS. The bank card is used by entering it into ATM or POS terminal and performing the operations in the way they are described in the instructions for using the terminal.

9. The bank card can be used only by the CARDHOLDER him/herself for performing the operations as per art.5.

10. Payments with Bank Cards are effected in the relevant local currency.

 

II. ISSUANCE OF MAESTRO BANK CARDS. CONTRACT FOR ISSUANCE OF MAESTRO BANK CARDS. PERSONAL IDENTIFICATION NUMBER.

11. The Maestro bank Card is issued upon an Application for issuance of Bank Cards duly filled in and signed. The application for opening a settlement card account can be submitted by the CARDHOLDER in any ISSUER's branch. The Application for Maestro bank card and for opening of bank card account must be signed by the CARDHOLDER in person in front of the bank's officer who checks the CARDHOLDER's identity. The currency of the card account is BGN.

12. When the ISSUER approves the application for issuance of Maestro bank card he notifies the CARDHOLDER by phone, fax, telex or other way. In approving the application which is certified by the bank officer's signature on the back side of the application the contract for issuing of Maestro bank card is considered concluded. The contract for issuing of bank card is concluded in compliance with the present General Terms.

13. Bank Card is issued in term of 15-days after signing the contract between the CARDHOLDER and the ISSUER.

14. Bank Card is issued for the term of 2 years embossed on the face of the Card.

15. The ISSUER passes the card only personally to the CARDHOLDER against a signature or to an authorized person with explicit proxy, signed in front of the bank officer or a letter of attorney. Immediately upon receiving the card, the CARDHOLDER must sign it at the determined place on the card's back. After receiving the card, but not later than the end of the next working day, the ISSUER requests the national operator to activate the card. The operations as per art.5 can be effected after the card activation.

16. The ISSUER gives the CARDHOLDER together with the card the Personal Identification Number, defined by the national operator, keeping the PIN code in secret from its officers and third persons. The CARDHOLDER is obliged to keep its PIN code in secret from third persons. The CARDHOLDER is obliged to keep its PIN code separately from the card. After giving the PIN code to the CARDHOLDER the responsibility for its disclosure to third persons is borne by the CARDHOLDER.

17. The Personal Identification Number is used for identification of CARDHOLDER. The PIN code can be used only with the card for which it is generated. If the CARDHOLDER forgets his PIN code the ISSUER issues a new card with a new PIN code.

18. Entering PIN code from the keyboard of ATM or POS has the effect of a legally valid signature in the sense of Art.8 Para.2 of the Accountancy Act and Regulation No.16 from 2.03.1995 of Payment with Bank Cards.

19. The National operator ensures possibility for each CARDHOLDER to change his PIN via ATM with a new one known only by him.

 

III. BANK CARD USAGE

20. The CARDHOLDER is obliged to secure a minimum reserve balance on the card account, as specified in the ISSUER's Tariff.

21. The CARDHOLDER is obliged to dispose of the means on the account and use the card in accordance with the law, these General Terms and the individual contract for bank card issuance.

22. The CARDHOLDER is obliged to use the CARD only personally and keep in secret his PIN, as to take all necessary measures for its non-disclosure to third parties.

23. The CARDHOLDER is obliged to notify in due time the ISSUER for changes in the original information filled in the application form.

24. The CARDHOLDER can withdraw money by using the CARD at ATM up to the amount of the account balance /respectively up to the overdraft allowed/ and within the daily withdraw limit.

25. The CARDHOLDER can pay by the CARD at POS terminal up to the account balance /respectively up to the overdraft allowed/ and within the weekly payment limit. The merchant has the right to request identification.

26. The limits are defined by the ISSUER in the individual contract for bank card issuance. The ISSUER can change unilаterally the limits, presenting the relevant information in the public accessible parts of the bank which is considered notification to the CARDHOLDER.

27. The CARDHOLDER has the right to make transfers through ATM between the settlement card account, linked to the card and another settlement account, preliminarily dedicated by the CARDHOLDER. The second account is credited with the transferred amount by the next working day after the transaction.

28. The ISSUER informs the national operator BORICA about the account balance, respectively the amount of the overdraft allowed and the limits on the card account.

29. Operations as per art.25, 26,28 are authorized or refused by the national operator via its authorization system in regime on-line. The national operator authorizes the operations only if they are up to the amount of the card account balance, respectively the overdraft allowed and up to the limits defined.

30. The CARDHOLDER pays to the ISSUER fees and commissions for the card transactions as per Societe Generale Expressbank Tariff. The taxes and commissions are due as per the date when the ISSUER proceeds the transaction. The ISSUER can collect ex officio the taxes and commissions due from the card account.

31. In case there are no sufficient funds on the card account for covering the taxes and commissions for servicing the Maestro card, interest is calculated on the amount due. The interest is equal to the applicable at the moment interest on the overdue overdraft principal. In this case, if the amount due is not payed in 30 days term after the obligation has arisen, the ISSUER blocks the card collects the amount due from all CARDHOLDER's accounts with the ISSUER and can interrupt the contract for servicing Maestro card.

32. The ISSUER pays on the card account interest, which is defined and changed unilaterally by the ISSUER depending on the conditions of the bank market. The interest rate is announced at the public accessible parts of the bank.

33. The ISSUER debits the account of the CARDHOLDER with the amounts paid via POS terminal or withdrawn through ATM in the order of their appearance in the system. When the payments with Maestro card are effected abroad in the local currency the convertion from the currency of payment to the card account currency is effected using the rate defined by the BANK on the day of processing the transaction.

34. The CARDHOLDER has the right to receive on demand a monthly statement of his card account, which includes all movements on the account, starting and final balance for the period, daily turnover with date shown, and fees deducted.

35. The CARDHOLDER is obliged to legitimate himself before the merchants, accepting payments with bank cards via POS terminals.

 

IV. LOSS, DESTRUCTION AND DAMAGE OF BANK CARDS

36. In case of destruction, loss, theft, forfeiture or usage of some other unlawful manner of the card the CARDHOLDER is obliged to notify the ISSUER on phone 052/602 833, within the business hours of the bank, or BORICA on phone 02/8705149 or 02/97073616, 02/97073626. The notification can be made orally, by phone, fax, telex, by mail etc. The notification to BORICA must contain the card number.When the notification is made orally, by fax or phone the CARDHOLDER must immediately confirm it in writing. The ISSUER and the national operator are not liable for sequences of notifications for loss, destruction or damage of bank card made by phone, telex, fax or mail which author is not the relevant CARDHOLDER.

37. Immediately after receiving notification as per art.36, the ISSUER informs the national operator and blocks immediately the card. The national operator blocks the card after the period, which is necessary to receive the information from the ISSUER. When the CARDHOLDER cannot use its bank card due to damage, loss, theft etc. he can withdraw an amount up to the daily limit from each office of the ISSUER by identifying him-self by the relevant document. In this case the card is temporarily blocked and deblocked on the next working day.

38. The ISSUER does not allow performance of operations with and blocks the card:

- Request for blocking, made by the CARDHOLDER or the principal accountholder,

- Notification for destruction, lost, theft, unlawful forfeiture, counterfeit or usage in some other unlawful manner of the card,

- Three times wrong PIN code entered

- Retaining of the card by ATM due to a technical problem or attempt for unlawful usage,

- Account retention

- In case of significant infringe of the contract conditions by the CARDHOLDER,

- In case of ISSUER'S CALLABLE receivables against the principal of the card account.

39. Upon eliminating the reasons for card blocking the ISSUER unblocks ex officio the card and advises the national operator.

40. In accordance with the requirements of these General Terms the ISSUER issues new bank card with new PIN in code cases of lost, theft, damage of the card forgotten PIN code, by request of the CARDHOLDER.

 

V. CONTRACT FOR SUPPLEMENTARY BANK CARD

41. A contract for a supplementary bank card can be signed with a person who is not the card account principal. The contract for an additional bank card is signed in accordance with the requirements of these General Terms and only after the written acknowledgement of the card account principal, given personally in the presence of a bank employee.

42. All operations effected with the additional card and the costs and fees related to that are paid by the principal of the card account.

43. These General Terms apply on the relations with the supplementary CARDHOLDER.

 

VI. OVERDRAFT CONTRACT

44. With the overdraft contract the ISSUER grants a credit up to the authorized limit to the CARDHOLDER, allowing him to perform payments with the bankcard over the cover of the card account. The CARDHOLDER is obliged to pay the credit and the interest in the terms agreed.

45. The proposal for overdraft contract is made by the CARDHOLDER.

46. The ISSUER signs the overdraft contracts if he decides there are necessary conditions for extension of a bank credit as per the internal regulations of the Societe Generale Expressbank. In case of refusal the ISSUER is not obliged to present the reasons.

47. The overdraft contract is concluded in written.

 

VII. LIABILITIES AND PROOF

48. The ISSUER and the CARDHOLDER agree that each person identifying himself by inserting the card into the ATM and composing the right PIN code is unconditionally empowered to process transactions with the bank card. The ISSUER has the obligation to execute the transactions initiated in that way and the risk in case of unauthorized usage of the card by a person different from the CARDHOLDER lies entirely with the CARDHOLDER respectively with the principal accountholder.

49. The CARDHOLDER is in charge of all liabilities result from bankcard using. The ISSUER is not responsible for all concluded transactions by bankcard using. That especially concerns all claims to paid goods and services as well as similar contests and claims result from these legal transactions. These claims should be settled directly and exclusively with the party involved. The ISSUER, MasterCard, BORICA undertake no any liability in case of merchant's refusal to accept bank card payment or when the bank card can not be used because of any damage, prohibition /blocking/, technical or communication problems.

50. The CARDHOLDER is obliged to return to the ISSUER every bankcard found.

51. Each notification under para.36 is written in chronological order in a special register, recording the contents of the notification, the exact time, the name of the person who has sent the message, the name and the signature of the person receiving and registering the message, the name and the signature of the person who is informed the national operator, the time and the way of the notification.

52. The register can be paper based or on technical carrier allowing safe keeping and exact regeneration of the information excluding all possibilities for its changing afterwards. The registered time of the received information is reliable for telephone, facsimile, and telex messages. Unless the contrary is proven the data in the diary are reliable.

53. The ISSUER reserves the right to change the General Terms for Issuance of Maestro Debit Bank Card, respectively to adapt them to the market conditions, unilaterally. The ISSUER is obliged to publish these changes in public accessible parts of bank branches and offices pointing the date of take in force. It is considered that the CARDHOLDER is informed for the changes after their publication. The changes are in force unless the CARDHOLDER returns the bankcard. Card return to the ISSUER is considered as termination of the contract for bankcard.

 

VIII. ACTION AND TERMINATION OF CONTRACT

54. The CARDHOLDER or the principal accountholder can request blocking of the card at any time. The ISSUER executes the request in terms necessary according to the circumstances to advise The National Operator of card blocking.

55. The principal card account holder can request deactivation of any card, connected to his card account only in the branch where the card account is opened. The request must be presented personally and in written. The ISSUER informs the national operator for the card deactivation in due time. The same concerns the case of card account closing.

56. The contract is concluded for the period of two years and is renewed automatically for another period of two years unless the CARDHOLDER or the ACCOUNTHOLDER send a written notice that they do not wish the renewal of the contract. The notice should be received at least one month before the contract's expiry date. In case this notice is not received the ISSUER emits to the CARDHOLDER a new card valid for two years. The CARDHOLDER receives the renewal card in the last ten days of card expire. The PIN remains the same for the renewal card.

57. The CARDHOLDER has the right to terminate the contract with one month written notice to the ISSUER branch. The CARDHOLDER has to fix the date after which the authorization of the operations with his card should be stopped. Fees and commissions collected by the ISSUER cannot be reverted.

58. The ISSUER can unilaterally terminate the contract without notice in case the CARDHOLDER does not fulfill its obligations as: receive of the card within three months after issuing, secure funds on his account, observance of the fixed limits, not to allow third person to use the card and his PIN, or other important reasons. In this case CARDHOLDER is obliged to return the card in one mount period after receiving the notice for termination of the contract.

59. Contract is terminated with its expiry, when issues in terms of previous articles and other general issues as per the legislation in force are eliminated as well as upon CARDHOLDER's death, placement of the CARDHOLDER under judicial disability or termination of the ISSUER legal entity unless it is transformed.

60. In case the validity of the bankcard expires, the contract is terminated, the card is damaged or the PIN code is forgotten, the CARDHOLDER is obliged to return the card to the ISSUER. In this cases the card is destroyed in CARDHOLDER's presence by cutting of its magnetic stripe.

61. The CARDHOLDER may dispose of card account available amounts after tree days from the contract termination, but not before card return and payment of all outstanding fees and commissions for the card using if any.

 

IX. MISCELLANEOUS

62. The ISSUER is obliged to keep the bank secret information, determined in the regulations in action.

63. During the negotiations for signing a contract for bank card the ISSUER is obliged to supply the CARDHOLDER with the necessary information including the interest accrued, fees and commissions collected and to consult him for the card activity.

64. The CARDHOLDER agrees personal information from this contract to be used by the ISSUER, by third parties who supply information services to the ISSUER as well as to be automatically proceed for segmentation and product supply in which the CARDHOLDER may be interested.

65. The CARDHOLDER is advised to obtain access to his personal data as per the Law for protection of personal information and has the right to require their correction.

66. The CARDHOLDER agrees his personal information to be provided to the respective insurance companies, brokers and agents for offer and usage of insurance services connected with the bankcard possession.

67. The CARDHOLDER agrees to disclose to the national operator BORICA information concerning his name, ID number, transactions, balance and limits on his card account.

68. Upon alteration of regulations concerning the conditions in these General terms, the latter are altered, when the above alterations come into force, unless the changes refer to legal legislation.

69. All notifications related to these General Terms sent by the ISSUER to the CARDHOLDER or to the principal card accountholder are considered received if they are sent to addresses shown in the application with registered mail.

70. The present General Terms are an inseparable part of the contract for the bankcard.

71. All notifications to the ISSUER have to be sent to the following address:

Societe Generale Expressbank

"Card" Department

Varna 9000

92 "Vladislav Varnenchik" Str.

Societe Generale Expressbank, a bank registered under the laws of Bulgaria by Varna Regional Court under company case № 4024/93, batch № 33, vol.30, p.125 whose registered office is at 92 "Vladislav Varnenchik" Str., Varna, Bulgaria