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Conditions for obtaining and use of bank pay cards

1. General terms and conditions

1.1. Commercial Bank PLATINA LLC (hereinafter — the «Bank») shall issue in favour of an individual (hereinafter — the «Holder») bank payment cards (hereinafter — the «Cards»), based on his written application and other documents stipulated by the current legislation of the Russian Federation, and provide service of settlement transactions made with their use. The Cards shall be deemed the property of the Bank.

1.2. In order to perform settlement of transactions using the Card, the Bank shall open in the name of the Holder a special card account (hereinafter — «SCA») which is maintained in rubles, US dollars or Euros.

1.3. In case of violation by the Holder of Terms and Conditions for the use of the bank pay card of Commercial Bank PLATINA (hereinafter — the «Conditions»), as well as in other cases, the Bank shall have the right, at its discretion, without prior notice of the Holder, to suspend (deny authorization) or terminate (to give an order to withdraw the Card upon its presentation) the validity of the Card and assume all necessary measures stipulated by business practices.

1.3.1. The Bank shall have the right to deny the issue and reissue of the Card without giving any reasons.

1.4. The Bank shall be entitled to unilaterally change these Conditions due to changes in the current legislation of the Russian Federation, regulations of the Central Bank of the Russian Federation and the rules and recommendations of the international payment systems Visa International, and MasterCard Worldwide (hereinafter — the «IPS»).

1.5. The Bank shall be entitled to unilaterally amend the «Tariffs for issuance and maintenance of bank pay cards and transactions on the accounts» (hereinafter — the «Tariffs»). The Tariffs are an integral part hereof.

1.6. The Bank shall notify the Holder on changes of the Conditions and/or Tariffs by placing information at the website (http://www.platina.ru), by printed copies of the new the Terms and Conditions and/or Tariffs at the offices of the Bank or by sending relevant copies to the Holder by mail not later than ten (10) calendar days prior to the introduction of new Terms and Conditions and/or Tariffs.

1.7. The Bank shall not be liable for any disputable situations arising as a result of improper execution of these Conditions by the Holder, as well as in all cases where such situations are beyond the Bank’s control.

1.8. The Holder shall be liable for the accuracy of filling in the application form for obtaining a Card, the reliability of the filled in information, and agrees to notify the Bank in writing about all changes of the information specified in the application within ten (10) calendar days from the date of its change.

1.9. The Holder shall be liable for the use of the Card with violation of the current legislation of the Russian Federation, these Terms and Conditions and the rules and recommendations of international payment systems. The Holder shall not have the right to use the card when purchasing goods and receiving services in respect of which the current legislation and rules of international payment systems are violated.

1.10. In case of suspension or termination of the Bank Card for any reason, the Holder shall return the Card to the Bank within fifteen (15) business days from the date of receipt of a notice from the Bank.

1.11. The Holder shall keep all records on transactions made with the use of the Card during three (3) years from the date of reflection of the SCA transaction amount, and provide them to the Bank for the settlement of contentious issues relating to requirements of current the legislation of the Russian Federation and emerging from transactions carried out with the use of the Card.

1.12. In case of the Card’s loss, the Holder shall immediately notify the Bank thereof by telephone: +7 495 913 8614 or +7 495 967 0100 or by fax: +7 495 967 0600. The Bank performs the procedure of identifying the Holder in accordance with the rules established by the Bank. The Holder shall confirm his oral notification and reporting on the loss of the Card transmitted by fax by means of a written application which he shall submit to the Bank in person not later than within three business days from the date of oral notification.

1.13. The Holder shall bear full responsibility for all transactions carried out with the use of the Card, until the Bank receives a written of a written notice of the loss of the Card, as well as for transactions with the use of the Card carried out without authorization within forty (40) calendar days following the day the Bank receives a written application from the Holder of the Card with a request to stop settlements on transactions with the use of the Card and consent for the Bank to charge a commission fee in accordance with the Tariffs.

1.14. The Holder shall bear full responsibility for all transactions made with the use of the Card. The transactions performed with input and verification of the personal identification number (PIN) shall be deemed certified with Holder’s own signature.

1.15. These Conditions shall govern the legal relationship between the Bank and the individuals who are not individual entrepreneurs or do not act in these legal relationships as individual entrepreneurs. In case the Holder effects any transactions allowed for corporate cardholders, the responsibility for these transactions is borne by the Holder.

1.16. When the Holder submits to the Bank a written application where the Holder agrees to these Conditions and the Tariffs of the Bank and the Bank accepts it for execution, it means that, pursuant to Article 428 of Civil Law of the Russian Federation, the parties have made an agreement on the procedure for receipt and use of a bank pay card of the Commercial Bank PLATINA, and carrying out the account transactions.

1.17. An interest shall not be accrued to the SCA balance and shall not be paid.

1.18. Regarding the issues which are not regulated by the provisions hereof, the Holder and the Bank shall be guided by the current legislation of the Russian Federation.

2. Principal provisions for maintaining the SCA and other accounts

2.1. The initial crediting of funds to the SCA shall be made in accordance with the Tariffs effective on the date of crediting the money. The Holder shall have the right to credit to the SCA monetary funds in Russian rubles (RUR), U.S. dollars (USD) and Euros (EUR) in cash and non-cash form. The monetary funds received by the Holder in US dollars and Euros can be credited to the SCA given the compliance with the current legislation of the Russian Federation. Should the Holder have any other accounts with other banks, by order of the Holder the funds from these accounts shall be transferred to the SCA on the same day, if the account is in the currency of the SCA. If the account is in a currency different from the currency of the SCA, the funds shall be converted into the currency of SCA at the Bank’s rate as of the date of crediting the funds to the SCA, and transferred to the SCA not later than within three (3) business days following the date of receipt of the order from the Holder.

2.2. The monetary funds held on the SCA can be used by the Holder to perform transactions with the use of the Card to pay for goods (services), withdraw cash, as well as be transferred to other accounts given the compliance with the current legislation of the Russian Federation and operation modes of the relevant accounts. Debit transactions on the SCA shall be allowed only to reflect the Card transactions or when closing the SCA, but not earlier than 32 calendar days from the date of submitting the Card to the Bank.

2.3. Transactions with the use of the Card and transfer of funds from the SCA shall be made within the limits of the cash balance on the SCA less transaction amounts for which authorization is passed but funds have not yet been debited from the SCA.

2.4. The Bank shall be authorization to debit directly (without further authorisation) from the SCA of the Holder the amounts of money in the following order:

  • funds erroneously credited to the SCA;
  • interest accrued in accordance with paragraph 7.2 of the present Terms and Conditions;
  • debt of the Holder;
  • Bank’s commission fee in accordance with paragraph 5.1 of the present Terms and Conditions;
  • funds from transactions with the use of the Card (both the main one and additional ones) including those made by third parties.

2.5. In case of termination or expiry of the Card, the Bank shall have the right to debit from the SCA of the Holder the amounts of money on transactions made with the use of the Card within forty five (45) calendar days from the date of return of the Card to the Bank or its expiry date. Upon the above-mentioned period of time, the Bank shall follow the Holder’s instructions on closure of the SCA and disposition of funds on the SCA.

2.6. Debit transactions on the SCA without the use of the Card shall be made solely on the basis of a Holder’s written application in the manner stipulated by the legislation of the Russian Federation and the Bank’s documents.

3. The procedure for debiting of amounts from the SCA

3.1. When the Bank receives information on a transaction in Russian rubles:

3.1.1. An amount of the transaction made by the Holder shall be debited from the SCA opened in Russian rubles.

3.1.2. A dollar equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting the funds shall be debited from the SCA which was opened in US dollars.

3.1.3. A Euro equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting the funds shall be debited from the SCA which was opened in Euros.

3.2. When the Bank receives information on a transaction in US dollars:

3.2.1. A ruble equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting shall be debited from the SCA which was opened in Russian rubles.

3.2.2. An amount of the transaction made by the Holder shall be debited from the SCA opened in US dollars.

3.2.3. A Euro equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting the funds shall be debited from the SCA which was opened in Euros.

3.3. When the Bank receives information on a transaction in Euros:

3.3.1. A ruble equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting shall be debited from the SCA which was opened in Russian rubles.

3.3.2. A dollar equivalent of the performed transaction amount calculated at the rate of the Bank as of the date of debiting shall be debited from the SCA which was opened in US dollars.

3.3.3. An amount of the transaction made by the Holder shall be debited from the SCA opened in the Euros.

3.4. When the Bank receives information on transactions in any other currency: An equivalent of the performed transaction amount calculated at the rate fixed by the payment system as of the date of settlement with the Bank shall be debited from the SCA.

4. Funds flow control and statements on the SCA

4.1. The Holder shall be obligated to independently control the accuracy of settlements on transactions made with use of his Card by analyzing the account statement data not less than once in two weeks.

4.2. By order of the Holder, SCA statements can be issued to the Holder upon his personal application to the Bank, be referred monthly at the address specified by the Holder in the Application by a simple registered letter (for a fee as provided by the tariffs) but not later than on the fifth business day of the current month for the previous month.

4.3. Online statement is also available to the Holder at the Bank website (http://www.platina.ru/card/online). Upon Holder’s request, the Bank can issue an additional statement for a fee stipulated by the Tariffs.

4.4. Non-receipt by the Bank of claims from the Holder within twenty (20) business days from the beginning of the month following the reporting month shall be deemed a confirmation of accuracy of transactions specified in the statement.

5. Bank commission

5.1. For settlement of the SCA on the transactions made with the use of the Card or by order of the Holder, the Bank shall charge a commission fee in accordance with the conditions specified in the Tariffs that are effective as of the date of debiting of commission. The amount of commission shall be charged in the currency of the SCA. If the currency in which the commission fee is determined differs from the currency of the SCA, then, as the above-mentioned commission is being debited from the SCA, a conversion of the fee amount into the currency of the SCA at the Bank’s rate fixed for a certain period pursuant to the Banks’ rules shall be performed.

6. Additional cards

6.1. Upon the Holder’s application, the Bank can issue an additional card in favour of an individual specified by the Holder. In order to issue the card in favour of an underage person, whose legal representative is the Holder, the Holder must submit a written consent for the disposal of funds on the SCA by the underage person.

6.2. The person in whose favour an additional card is issued is not the owner of the SCA and shall have the right only to make transactions using the additional card (payment for goods and services and cash withdrawals) and the replenishment of the SCA both in cash and non-cash forms as required by the current legislation of the Russian Federation.

7. The holder’s debt to the bank

7.1. An overdraft on the SCA (effecting of a payment on the Holder’s account in the absence of cash funds on the account — at the expense of the Bank) without the agreement of the parties shall not be permitted, except for cases of technical overdraft. A technical overdraft is overspending of funds on the SCA, which arose independently from the parties due to changes in the exchange rate difference for the currency of purchase, sublimit (unauthorized) transactions, an error in the data processing and in other causes that are part of the settlement pursuant to the existing Rules of the IPS governing the circulation of the Cards.

7.2. In case of an overdraft, including the technical overdraft (regardless of the cause of its origin) it shall be recognized that the Bank has provided to the Holder, to the amount of payment, a credit to the amount of which the Banks shall accrue the interest in accordance with the Tariffs.

7.3. In case of a technical overdraft, the Holder shall repay the amount of the technical overdraft and the accrued interest within thirty (30) calendar days from the date of the overdraft.

7.4. In the case of indebtedness, including arrears on overdraft, the Bank shall have the right to:

  • send to the Holder a written notice with a demand to repay the debts;
  • suspend or terminate the card;
  • send to the Holder a written notice with a demand to return the Card to the Bank;
  • inform the credit bureaus of the Russian Federation and other competent authorities of the existence of a debt of the Holder to the Bank.

7.5. Should the Holder fail to repay the overdraft, the interest thereon, and any other existing indebtednesses to the Bank, the Bank shall be entitled to make a direct debiting of the debt amounts from any Holder’s account opened with the Bank, as well as to seek the repayment of the debt in the manner stipulated by the legislation of the Russian Federation.

8. Card validity

8.1. The Card shall be valid until the last day of the month indicated on it.

8.2. In order to reissue the Card, the Holder shall apply to the Bank with a corresponding application not later than five (5) business days prior to the expiry of the card.

8.3. A new Card in substitution of the lost Card is issued with the same validity period as the lost one.