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I.GENERAL TERMS FOR USING BANK CARDS VISA ELECTRON ISSUED BY Societe Generale Expressbank
1. The following General Terms determine the rights and liabilities of Societe Generale Expressbank, hereinafter referred to as THE ISSUER of bank cards Visa Electron, and the CARDHOLDER when opening and servicing the settlement card account for effecting payments via bank debit cards Visa Electron.
2. The following General Terms are an inseparable part of each individual agreement for issuance of local debit 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 the issuance of international debit card Visa Electron 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 through Automated Teller Machine (ATM) terminals;
- payment through Point of Sale (POS) terminals;
- transfer of funds between accounts through ATM terminals;
- obtain statements and make other nonpayment transactions/ change the PIN and check the balance/
- perform Internet payments via ePay.bg system
- payment of utilities at ATM
6. Societe Generale Expressbank international debit cards Visa Electron, 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 which is connected with the terminal processing the operation via telecommunication environment.
7. The Bank card is owned by the ISSUER.
8. The debit card can be used at ATM terminals and POS connected to the National Operator BORICA. 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 bankcard can be used only by the CARDHOLDER him/herself for performing the operations as per art.5, on the territory of the Republic of Bulgaria only.
10. Payments with Bank Cards are effected in the local currency.
II. ISSUANCE OF BANK CARDS VISA ELECTRON. CONTRACT FOR ISSUANCE OF BANK CARDS VISA ELECTRON. PERSONAL IDENTIFICATION NUMBER.
11. Bank Card Visa Electron (VE) is issued upon an Application for issuance of Bank Card duly filled in and signed.
12. The Application can be submitted in each branch of the ISSUER. The application for Bank Card VE is signed personally by the CARDHOLDER in the presence of the Bank employee, who checks cardholder's identity. The CARDHOLDER have to determine the currency of the card account - BGN, EUR, or USD.
13. The bank card issuance contract is considered concluded when the application for bank card VE issuance is approved by the Issuer , certified by the bank employee signature. The bank card VE issuance contract is considered concluded in conformity with these General Terms.
14. Bank Card VE is issued in term of 15-days after signing the contract between the CARDHOLDER and the ISSUER.
15. Bank Card VE is issued for the term of 2 years embossed on the face of the Card.
16. The ISSUER passes the card only personally to the CARDHOLDER against signature or to authorized person with explicit proxy, signed in front of the bank officer or a letter of attorney. The supplementary card can be received by the principal account holder too. After receiving the card, but not later than at 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.
17. 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. After giving the PIN code to the CARDHOLDER the responsibility for its disclosure to third persons is borne by the CARDHOLDER.
18. 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.
19. 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.
20. 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
21. The CARDHOLDER is obliged to secure a minimum reserve balance on the card account, as specified in the ISSUER's Tariff.
22. 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.
23. The CARDHOLDER is obliged to use the CARD only personally and keep secret his PIN, as to take all necessary measures for its non-disclosure to third parties.
24. The CARDHOLDER is obliged to notify in due time the ISSUER for changes in the original information filled in the application form.
25. 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.
26. 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.
27. The limits are defined by the ISSUER in the individual contract for bank card issuance. The ISSUER can change unilаterally the limits, notifying the CARDHOLDER in due time. When the limit is decreased it comes into force after CARDHOLDER receives the notification.
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 ISSUER can collect ex officio the taxes and commissions due from the card account.
31. 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.
32. The ISSUER debits the account of the CARDHOLDER with the amounts paid via POS terminal or withdrawn through ATM.
33. When payments with a VE bank card are effected abroad in the local currency, the card's payment rate of exchange is calculated ……………
34. The CARDHOLDER has the right to receive 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, all fees deducted, the interest rate and interest amount .
35. The CARDHOLDER is obliged to legitimate himself before the merchants, accepting payments with bank cards via POS terminals.
IV. LOST, 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, telex 77 303, or BORICA on phone 02/705149 or 02/97073616. The notification can be made orally, by phone, fax, telex, by mail etc. The notification to BORICA has to contain the number of the card account. When the CARDHOLDER is abroad he can use VISA GLOBAL ASSISTANCE SERVICE in the Visa site www.international.visa.com/ps/services/lost.jsp.
and the listed phones there to notify Visa. When the notification is made orally, by fax or phone the CARDHOLDER must confirm it in writing within 24 hours.
37. Immediately after the receiving of the notification as per art.36 the ISSUER informs the national operator and blocks immediately the card. The national operator blocks after the period, which is necessary to receive the information from the ISSUER.
38. The ISSUER does not allow performance of operations with and he blocks the card in case of:
a) Request for blocking, made by the CARDHOLDER or the principal accountholder,
b) Notification for destruction, lost, theft, unlawful forfeiture, counterfeit or usage in some other unlawful manner of the card,
c) Three times wrong PIN code entered
d) Retaining of the card by ATM due to a technical problem or attempt for unlawful usage,
e) Account retention
f) In case of significant infringe of the contract conditions by the CARDHOLDER,
g) 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. Contract for supplementary bank card can be signed with a person, which is not cardaccount principal. The contract for additional bank card is signed in accordance with the requirements of these General Terms and only after the written acknowledgement of the cardaccount principal, given personally in presence of the 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 resons.
47. The overdraft contract is concluded in written form.
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. If the ISSUER is notified about destruction, loss, unlawful confiscation, counterfeit or other unlawful usage of the card he shall be responsible for the damages after expiry of period, which is normally required to inform the national operator.
50. The CARDHOLDER is obliged to return to the ISSUER every bank card 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.
53. Unless the contrary is proven the data in the diary are reliable.
VIII. ACTION AND TERMINATION OF CONTRACT
54. The CARDHOLDER and the principal accountholder can request the 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 accountholder can request deactivation of a supplementary card, connected to his card account. The ISSUER informs the national operator for the card deactivation in due time.
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.
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: secure funds on his account, 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.
IX. MISCELLANEOUS
61. The ISSUER is obliged to keep the bank secret information, determined in the regulations in action.
62. 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.
63. 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.
64. 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.
65. The present General Terms are an inseparable part of the contract for the bank card.
66. All notifications to the ISSUER have to be sent to the following address:
Societe Generale Expressbank
"Card" Department
Varna 9000
92 "Vladislav Varnenchik" Str.
68. 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
