Post on 28-Mar-2018
GENERAL INFORMATION ON ACCOUNTS
I. INTRODUCTION
A. PREAMBLE
The relationships between BRD - Groupe Société Générale SA and
its customers-individuals are governed by these General Banking
Terms and Conditions, by the provisions of forms specific to each
product or service, the Bank rules, the legal provisions and internal
regulations in force, the Romanian National Bank regulations, as
well as by the internal and international banking customs and
practices. These relationships are based on mutual trust, confidence
and good faith.
BRD - Groupe Société Générale is identified by the following
details:
- Head office: 1-7, B-dul Ion Mihalache, sector 1, Bucharest,
Romania.
- Tel: +4021.301.61.00; Fax: + 4021.301.66.36;
http://www.brd.ro
- CIF 361579, registration number with the Trade Register J
40/608/1991,
- Registered with the Register of Credit Institutions under
number RB-PJR-40-007/18.02.1999
- VAT code: RO 361579
- Processing entered in the register of personal data
processing under n° 1788
- CNVM (National Securities Commission) permit n°
255/06.08.2008, registered with the CNVM Public
Register under n° PJR01INCR/400008.
GENERAL BANKING TERMS AND CONDITIONS for INDIVIDUALS – October 2013
GENERAL INFORMATION ON ACCOUNTS 1
III. Term deposit account 13
I. Introduction 1 A) Notion 13
A) Preamble 1 B) Types of deposits 13
B) Interpretation 2 C) Features 13
C) Scope 4 IV. Other saving and investment products 13
II. The opening, operation and closure of accounts 4 V. Saving accounts (Atustart, Atusprint, Atucont, Smart Cont) 13
A) General 4 A) Notion 13
B) Personal data protection 4 B) Types of saving accounts. Features 13
C) Opening of accounts. Proxy of the account holder 5 C) Allowed operations 14
D) Operation of accounts and payment operations 5 D) Rights and obligations of the customer 14
E) Evidence of operations and statement of account 8 E) Rights and obligations of the Bank 14
F) Closing the accounts 9 VI. Bank card 14
III. Rights and obligations of the parties 9 A) General 14
A) Customer’s Rights 10 B) Terms of use of the cards 14
B) Customer’s Obligations C) Savings derived from using the cards at the POS 18
C) Bank’s Rights 10 VII. Confort Insurance 18
D) Bank’s Obligations 11 VIII. Granting loans, account overdraft and warranties 18
IX. Remote banking 18
IV. Know the customer, prevent money laundering and terrorist financing
11 A) General principles 18
V. Confidentiality 12 B) Vocalis Service 20
VI. Final provisions 12 C) BRD SMS Banking Service 21
A) Modification of the contract 12 D) BRD-NET Service 22
E) MyBRD Mobile Service 24
B) Customer-Bank Communication 12 X. Mobility of current accounts in Lei 26
C) Securing the funds held 12 PRODUCTS AND SERVICES PACKAGES 26 D) Force majeure 12 I. General principles 26
E) Applicable law. Disputes 12 II. Membership to the packages of products and services 27
F) Other provisions 12 III. Commissioning 27
IV. Bank’s rights 27
V. Changing the structure of the products and services package 27
BANK PRODUCTS AND SERVICES 13 VI. Changing the package held with another package 27
I. Nominal current account 13 VII. Termination of the products and services’ package 27
II. Revolving account 13 VIII. Termination of the products and services in the package 28
BT:
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B. INTERPRETATION
B.1 In this document, the following terms will be interpreted as
follows:
1. Stateless: alien who does not have the citizenship of any state
2, Log in: procedure allowing the Bank to verify the use of a given
payment instrument, including its customised security features.
3. Payment operation authorisation: procedure by which the
paying customer’s consent is required for a payment operation.
Consent may be expressed differently by the customer according to
the payment instrument used for arranging such operation.
Consent may be expressed by:
- signature for payment operations arranged on paper or specific
Forms/contracts;
- for remote banking services: the use of customised security
features;
- for cards: signing the POS/Imprinter receipt and/or the use of
customised security features (PIN code, eCommerce (3D Secure)
password, providing the card number and any additional
information requested, such as CVV2/CVC2 and expiry date).
In the absence of consent expressed in the manners prescribed
above, the payment operation is considered unauthorised.
4. Bank: BRD - Groupe Société Générale and any reference to the
Bank in the Contract will be understood as including any of its
territorial units (mobile office, working facility, agency, branch).
5. Real beneficiary: any natural person who owns or controls the
customer and/or natural person on whose behalf or interest is
performed directly or indirectly a transaction or an operation.
6. Payment Incident Register – nationwide centre in charge of
managing information specific to payment incidents for public
interest, including for user purposes.
7. Customer: any natural person who opened an Account with the
Bank, as account holder, and who can have alternately the quality of
Beneficiary Customer or Paying Customer.
8. Payee Customer: Recipient Customer in relation to the funds
which have been the subject of a payment operation.
9. Paying customer: Customer who agrees to a payment from
his/her current account.
10. BIC (Bank Identifier Code): a code that is specific and unique
to each bank, representing a method of identifying banks in the
S.W.I.F.T. (Society for Worldwide Interbank Financial
Telecommunication) system. The BIC code of BRD is
BRDEROBU.
11. Sole identification code: IBAN or other code needed to identify
the payee.
12. Current account: basic element in the relationship with the
customer and the support product for various banking services and
products.
13. Revolving account: an account opened by the Bank and
providing the customer with access to cash and cash equivalents
provided by the Bank in the form of a credit line, only through a
credit card. This account reflects all transactions made via the credit
card, as well as all the related fees, interest and premiums.
14. Contract: these General Banking Terms and Conditions
forming the general framework of the relationship Customer-Bank,
along with the specific forms and contracts signed by Customer for
each product or service, as well as the Guideline of fees in Lei and
foreign currency for individuals and the List of interest in force on
the date of Customer registration with the Bank.
15. Exchange rate: Exchange rate used as the basis of calculation
for the exchange and which is provided by the Bank or from a
public source.
16. Currency date: the baseline date used by the Bank to calculate
the interest on the amount debited or credited in the account.
17. Direct debit (Simplis Debit service): payment service
consisting in the direct debiting of the paying customers’ current
accounts with the amount of invoices issued by service/utility
providers (payment beneficiaries).
18. Customized security features: vary depending on the type of
product / service.
For cards:
- CVC2 (Card Verification Code) and CVV2 (Card Verification
Value) is a three-digit code located on the back of the card, which
can be used to perform transactions over the Internet or by mail
order, phone, fax. This code should remain known only by the card
holder / user.
- E-Commerce password (for 3D Secure authentication): is a
password provided by the bank or another institution authorised by
the Bank to provide it and is used to validate / authorise a secure
Internet transaction.
- PIN – is a personal identification code is provided by the Bank to
be used to achieve Card transactions to electronic payment terminals
and ATMs. The PIN code is strictly personal and confidential and
must not be disclosed to anyone, under any circumstances,
regardless of context.
For remote banking services - Security Codes:
- User ID and Password for BRD-NET, MyBRD Mobile accessed
through mobile web browser and Vocalis
- PIN for BRD SMS Banking and MyBRD Mobile accessed via
USSD session.
- Token PIN (tPIN) for MyBRD Mobile accessed through the
dedicated Smartphone / tablet application
19. IBAN: (International Bank Account Number) means a
combination of letters and figures ensuring the uniqueness of a
number for an account opened with a payment service provider
worldwide. The IBAN is provided to the customer by the Bank on
the date of account opening and is also referred to in each statement
of account.
20. Debit instrument: check, bill of exchange or promissory note.
21. Payment instrument: any custom device and / or any set of
procedures agreed between the Customer and the Bank and used by
the Customer to initiate a payment order (e.g. bank card, remote
banking services).
22. Proxy of the account holder: individual authorised to represent
the account holder in relation to the Bank, appointed by the former
upon account opening or subsequently, by means of Bank forms or
by an authentic mandate expressly granted.
23. Payment operation: action initiated by the Customer in order to
deposit, to transfer or to withdraw funds, irrespective of any
subsequent obligations between the Customer and the payee.
24. Options fees: In case of foreign currency payments or payments
in Lei to beneficiaries having accounts with banks abroad, the
Customer can choose from the following options regarding the
method of payment of fees:
“OUR” – all bank fees related to the payment are paid by the paying
Customer (including the fees of the intermediary bank/banks)
“BEN” - all bank fees related to the payment are paid by the
beneficiary (including the fees of the intermediary bank/banks)
“SHA” – the bank fee is paid by the paying customer, while the fee
of the beneficiary’s bank is paid by the beneficiary.
25. Payment order: any instruction given by the paying customer to
the Bank or by the payee to its bank requesting a payment operation.
26. Politically exposed persons: individuals who are or have been
entrusted with prominent public functions, their family members,
and persons known to the public as close to individuals exercising
important public positions. The individuals who, under the Law
656/2002, exercise prominent public functions are: heads of state,
heads of government, members of parliament, European
commissioners, members of government, presidential advisers,
counsellors of state, secretaries of state;
- members of the Constitutional Court, members of the Supreme
Court or other high-level judicial bodies whose decisions can be
appealed only through extraordinary means of appeal;
- members of courts of auditors or assimilated bodies, members of
boards of central banks;
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- ambassadors, charges d'affaires, senior officers from the armed
forces (generals, quaestors, admirals, etc.);
- managers of public institutions and authorities;
- members of the Management Boards and Supervisory Boards
and the persons holding management positions in autonomous
administrations, of trading companies with majority state capital
and national companies.
None of the categories mentioned above includes persons holding
intermediate or lower positions. The categories above, except the
members of Management and Supervisory Boards and the persons
holding management positions in autonomous administrations, of
trading companies with majority state capital and national
companies, include, where applicable, include positions at
Community or international level.
The family members of persons exercising a public function are:
husband /wife, children and their husbands/wives and parents.
Persons known to the public as close shareholders of individuals
exercising important public functions:
- any individual who is found to be the beneficial holder of a legal
person or a legal entity together with any politically exposed
persons or having any other privileged business relationship with
such person;
- any individual who is the sole beneficial holder of a legal person
or a legal entity known to be established for the benefit of any
person who exercises, under the Law 656/2002, important public
functions.
27. Foreign payments: Payment operations in foreign currency
(made in Romania or abroad) and payment operations in Lei
conducted abroad.
28. Domestic payments: payment operations in Lei in Romania.
29. Scheduled payments: involve the automated performance of
Operations at a frequency known in advance, between two current
BRD accounts (owned by the same customer or different
customers), regardless of the currency in which they are opened.
30. Resident: alien holding a residence permit or a temporary
residence card granted under the law.
31. Remote banking services: services that are available to
customers through payment instruments with remote access. BRD
offers the following remote services: BRD-NET (Internet Banking),
MyBRD Mobile (mobile banking), BRD SMS Banking and
VOCALIS (Phone Banking).
32. Alien: a person who does not have Romanian citizenship or the
citizenship of another European Union country or the European
Economic Area or the Swiss Confederation citizenship.
33. Country of legal residence: country where the Customer
resides. This is evidenced by the Customer submitting the following
documents:
- for Romanian citizens: identity card, temporary identity card
issued under the law and the electronic identity card;
- for Romanian citizens residing abroad are allowed as an
exception: passport accompanied by an official document in
original, attesting the address in the country of residence;
- fr citizens of the EU, EEA or Swiss Confederation: national
identity document or a valid identity document issued under the
law by the Romanian authorities, registration certificate,
permanent resident card or residence permit, or EU blue card;
- for resident foreign citizens: temporary residence permit, work
permit, long-term residence permit, EU blue card, issued by the
relevant Romanian authorities under the law;
- for stateless persons and refugees: temporary/permanent
identification document issued by the relevant Romanian
authorities (including the Romanian Office for Immigration).
- for occasional customers – aliens – foreign-exchange
transactions, Western Union transactions, travel cheques,
operations performed at the Bank’s POS and the rental of
deposit boxes for a limited period (90 days from the date of entry
into the country) – passport as ID is accepted;
- for residents and foreign citizens, the travel title is accepted, by
way of exception, in case of theft evidenced by a complaint
addressed to the competent bodies.
34. Country of tax residence: from a tax point of view, a resident
of a State is any person who, under the laws of that State, is liable to
tax because due to domicile, residence, place of effective
management or any other criterion of a similar nature, including that
State or any political subdivision or local authority thereof.
If the person is a resident of both States, then his/her status will be
determined as follows:
- the person will be deemed to be a resident only of the State in
which he/she has a permanent home; if he/she has a permanent
home in both States, the person will be deemed to be a resident only
of the State in which his/her personal and economic relations are
closer (centrul intereselor vitale);
- if the State where the person’s centre of vital interests cannot be
determined, or if the person does not have a permanent home in any
State, the person will be deemed to be a resident only of the State in
which he/she usually resides;
- if the person usually resides in both States or in neither of them, ea
the person will be deemed a resident only of the State whose
nationality he/she has;
- if the person has the nationality of both states or of any of them,
the State relevant authorities will settle the question by mutual
agreement.
The paying agent will establish the residence of the beneficial holder
on the basis of the address mentioned in the passport, in the official
identity card or, if necessary, on any other documentary proof of
identity, presented by the beneficial holder in accordance with the
following procedure: for individuals presenting the passport or the
identity card official issued by a Member State and declaring
themselves to be residents of a third country, their residence will be
established by means of a tax residence certificate issued by a
competent authority of the third country where the individual
declared to be resident. In the absence of such certificate, the
residence will be deemed to be in the Member State which issued
the passport or other official identity document.
The interest beneficiary, an individual non-resident in Romania, in
order to be granted the application by the Bank of an interest tax rate
lower than that of the Tax Code, under the Convention for the
avoidance of double taxation in place (not in force, not signed, not
ratified) between Romania and the country of residence, is required
under the Romanian law, to submit to the Bank's unit where the
account is opened, before the first interest payment date in a
calendar year, a the tax residence certificate issued by the fiscal
authority in original or copy thereof, accompanied by the original
translation certified by the authorised body in Romania (not in the
country of residence or in another country). The interest payment
date will be deemed the date of interest registration with the
beneficiary’s account.
The certificate presented in a year during which payments are made,
is valid for another 60 days in the following calendar year, unless its
content stipulates explicit limitations of a fraction of the year.
35. Working day: a banking day (excluding Saturdays and Sundays
and other holidays recognized in Romania) in which the Bank
carries out specific activities and is open to the public.
B.2. In these General Banking Terms and Conditions, the use of
defined terms in the singular implies the plural and vice versa.
C. SCOPE
1. The provisions of chapter “General information on accounts” is
supplemented by the provisions of chapter “Products and services
offered by the Bank” and the provisions of contracts, specific forms
for each product / service.
2. The contract enters into force from the date of signing by the
Customer and remains in effect until the closure of all Customer
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accounts and termination of all specific contracts concluded with
the Customer.
3. These General Banking Terms and Conditions replace the
previous forms of the General Banking Terms and Conditions.
4. These General Banking Terms and Conditions replace any
contrary provision in the existing contracts, forms and/or documents
specific to products and services, concluded before the entry into
force of the General Banking Terms and Conditions, and, where
appropriate, supplement them.
5. In case of conflict between the existing provisions in these
General Banking Terms and Conditions and the special conditions
of contracts, separate documents and/or forms concluded between
the Customer and the Bank at the same date or after the entry into
force of these General Banking Terms and Conditions, the special
conditions in specific forms or documents will prevail.
6. The amendment or termination of any of the specific contracts
concluded between the Customer and the Bank will be carried out
under the terms of such contract and will not affect the validity of
other contracts or of these General Banking Terms and Conditions.
7. Any derogation from the enforcement of the Contract in relation
to the Customer will be expressly agreed in writing between the
Bank and the Customer.
II. THE OPENING, OPERATION AND CLOSURE OF
ACCOUNTS
A. GENERAL
1. The Bank is bound to verify the identity of the Customer and of
the Beneficial Holder before establishing a business relationship or
conducting transactions. When the Customer refuses to provide all
the elements and the information above, the Bank will refuse to
establish any relation and thus, to open any accounts.
2. The Bank opens current Accounts with or without attached debit
cards, revolving accounts with attached credit cards, deposit
accounts, savings accounts, in Lei and/or currency, at the express
request of the Customer. The accounts are opened with the Bank’s
units in accordance with the internal rules, based on the Customer
filling in and signing the Bank standard forms accompanied by the
documents requested by the latter.
3. To any account may be attached various products and/or services,
at the request of the Customer and in compliance with the Bank’s
requirements.
4. The Customer declares that he/she had access to all information,
conditions, rights and obligations of the parties mentioned in the
Contract, 15 calendar days before the signing thereof, unless by
means of another Bank form, with his/her express approval, a
shorter deadline was set.
5. At any time during the contractual relationship, the Customer is
entitled to receive, upon request, on paper or on another durable
medium, the terms and conditions mentioned in this Contract.
B. PERSONAL DATA PROTECTION
1. The Bank processes your personal data in accordance with Law
n° 677/2001 on the protection of individuals, with regard to the
processing of personal data and the free movement of such data.
The processing is entered in the register of personal data under n°
1788. The Bank will process your personal data only to the extent
this is necessary to achieve the purposes set out below, subject to all
the legal measures ensuring the security and privacy of data.
2. The purpose of data processing can be: advertising, marketing
and publicity conducted by the Bank or the members of Société
Générale Group, statistics, financial and banking services, credit
reports, debt collection/recovery, on behalf of the Bank or of the
members of Société Générale Group, assessment of assets proposed
as collateral, insurance and reinsurance, fraud prevention, onic
communications services, Internet services, marketing for pension
funds, pooling of data.
3. The persons concerned are: Bank customers or potential
customers, consumers or potential consumers, debtors, minors,
contractors, their family members, guarantors, former customers.
4. Personal data is any information relating to an identified or
identifiable individual, namely: name and surname, nickname (if
applicable), personal identification number or other unique identifier
(if applicable), name and surname of the Beneficial Holder (if
applicable), family members, gender, date and place of birth,
nationality, signature, civil status, pension file number,
telephone/fax, home/residence address, e-mail, profession,
workplace, political exposure (if applicable), public position held (if
applicable), professional training, diplomas-studies, family status,
economic and financial status, data on property held, bank data,
image, card number, card expiry date, IBAN code, personal
identification number, series and number of identity document,
health status data, information intended for the activities permitted
to credit institutions under the Government Emergency Ordinance
n° 99/2006 on credit institutions and capital adequacy. You are
required to provide such data as it is required for services specific to
the banking activity. Your refusal makes the provision of banking
services impossible.
5. Processing of personal data means any operation or set of
operations which is performed upon personal data by automated
means or otherwise, such as: collection, recording, organization,
storage, adjustment, alteration, retrieval, consultation, use,
transmission to third parties, combination, blocking, deletion or
destruction.
6. Data recipients can be: the person concerned, the legal
representatives of the person concerned, Bank proxies, other natural
or legal persons processing personal data on behalf of the Bank,
except proxies (e.g. lawyers, consultants, accountants, auditors),
Bank's counterparties, legal entities of Société Générale Group that
the Bank belongs to, legal authority, central public authorities, local
authorities, police, providers of services and products, banking
companies, credit bureaus, debt collection/recovery agents,
insurance and reinsurance companies, professional organisations,
market research.
For international transfers made via SWIFT (Society for Worldwide
Interbank Financial Telecommunication), your personal data
specified in the transfer documents can be accessed by the US
authorities (US Treasury Dept.), for the enforcement of national
laws on the prevention of money laundering /fight against terrorism.
7. Estimated date of completion of the processing. Subsequent
destination of data:
To achieve the said goals, the Bank will process your personal data
for the entire lifetime of the Bank's activities, until you exercise your
right to object.
Following the completion of personal data processing operations,
for the purposes for which it was collected, unless you exercise your
right to object under the law, this data will be archived by the Bank
for the period stipulated by the law (in particular National Archives
laws) or will be destroyed.
8. Data transfers abroad.
Terms of transfer: Data transfers by the Bank can be conducted
outside the country/EU and European Economic Area, provided that
the country of destination provides adequate protection, following
or for the purpose of performance of a contract signed between the
person concerned and the Bank or for the conclusion of a contract or
for the performance of a contract concluded or to be concluded, in
the interest of the person concerned, between the operator and a
third party.
If the State of destination does not provide an adequate level of
protection, the Bank will not send the personal data, unless such
transfer is conducted for the banking services/products expressly
requested by you.
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9. Your rights in accordance with the provisions of the Law n°
677/2001, are the following: (i) the right to information, (ii) the
right of access to data, (iii) the right of intervention, (iv) the
right to object, (v) the right not to be subject to individual
decisions, (vi) the right to refer to the National Supervisory
Authority for Personal Data Processing and justice or to take
court action. The right of access, the right of intervention and the
right to object may be exercised by sending a written request, dated
and signed to the manager of the unit where your account was
opened. The Bank will reply within 15 calendar days from the date
of receipt of the request.
In case you no longer agree with the processing of your personal
data for marketing purposes or with their transfer to third parties for
such purpose, you are entitled to formulate a refusal by means of a
signed and dated written request addressed to the manager of the
unit where your account was opened and sent either personally or
by registered letter with acknowledgment of receipt to the unit in
question
The requests will be accompanied by a legible copy of your ID.
C. OPENING OF ACCOUNTS. PROXY OF THE ACCOUNT
HOLDER
1. Upon the opening of accounts, the Bank requires documents
necessary to identify the Customer and the Proxy of the Account
Holder, as well as their specimen signatures for each Account.
2. In case the Customer has opted for the mobility service – current
accounts in Lei, the Bank, as the new bank, will proceed with the
current account opening/account relationships, only after the
Customer filled in and signed the transfer Application and the
contract/Bank specific documents.
3. The Proxy of the Account Holder may be appointed by the
Customer by means of the Form attesting the entry into relationship
with the Bank, the proxy appointment/revoking Form or the credit
line issue/increase Application (in the case of Proxy of the
Revolving Account having a credit card attached). The Proxy of the
Account Holder will always act only for and on behalf of the
account holder.
4. The Proxy of the Account Holder appointed by means of the
Bank forms may conduct the following operations:
a. to perform operations on the current Account or the revolving
Account via the credit card;
b. to create deposits in the current Account, but only on the
Customer’s name;
c. to liquidate the Customer’s deposits made in the current Account,
only if he/she is authorised as proxy for such deposits.
5. The Proxy of the deposit Account will also be a proxy for the
current account attached to the deposit. For making deposits with
Proxies other than those appointed by the Customer for the current
account, a separate current account is opened with different Proxies
or without Proxies, depending on Customer requirements.
6. The Proxy of the Account Holder appointed by means of the
Bank forms cannot conduct the following operations:
a. closing/opening of new current Accounts on behalf of the
Customer;
b. loan requests on behalf of the Customer;
c. designation/ revocation of the Proxy of the Account Holder .
d. liquidation of deposits made in the current account for which
he/she was not authorised as proxy by the holder.
These operations can be performed on behalf of the Customer only
under a genuine mandate expressly granted to this effect.
7. The Customer represents that any mandate granted by means of
bank forms is deemed granted for a period of 15 years, with the
possibility of withdrawing at any time.
The Customer undertakes to inform the agent about the duration of
the mandate and the rights granted under the mandate.
8. The authorisation of a person to represent the Customer in
relation to the Bank remains valid until the date of receipt by the
Bank from the Customer of a written notice regarding the
revocation, amendment thereof or until the death of the Customer.
Mandate termination becomes enforceable on the Bank from the
date of notification of the Bank (by presenting a death certificate or
a written notice to the Bank). The Bank is entitled to request any
documents considered necessary in relation to these modifications.
9. The Customer is liable towards the Bank for any loss incurred by
the latter, as a result of the failure to inform the Bank regarding any
restriction or limitation related to the Proxy of the Account Holder.
10. In case of a dispute or conflict of any kind which, in the opinion
of the Bank, hinders the determination of the Proxy of the Account
Holder as regards the appointment, the limits or the revocation
thereof, the Bank has the right to block the Proxy’s access to the
Customer’s account until the settlement of the dispute evidenced by
documents satisfactory to the Bank.
D. OPERATION OF ACCOUNTS AND PAYMENT
OPERATIONS
D.1 GENERAL INFORMATION ON PAYMENT
OPERATIONS
1. Any operation (e.g. payments / intra/inter-bank transfers in Lei
and foreign currency, payment of bills, foreign exchange, receipts,
cash deposits and withdrawals, etc.) ordered by the Customer/Proxy
of the Account Holder will be made through the current account.
For payment operations, the Customer will use the forms and
payment instruments provided by the Bank.
2. The revolving account functions only with a credit card attached.
The account crediting (funding) operations are allowed by any
means: cash deposit, transfer from a current account opened with
BRD or other bank. Any debiting operation in the revolving
Account is only possible using the credit card.
3. In case of foreign currency payments or payments in Lei to
beneficiaries with accounts in foreign banks, the Bank may
determine the banking route for the payment instruction, including
the use of correspondent relationships in the absence of any specific
instructions received from the Customer.
4. In case of foreign currency receipts, the currency used to credit
the account of the beneficiary Customer will be the one mentioned
in the payment instruction. In case the currency does not match the
currency of the account, the Bank will convert the amount in the
currency of the account to be credited on the basis of exchange rate
used by the Bank on the day the transaction and notified to the
Customer in the statement of account.
The credited account will always be the one indicated in the
payment instruction.
5. For any amount received in the account, the Bank reserves the
right to deduct its fee, before the crediting of the amount in the
Customer’s account. In this case, the Customer will be informed of
the total amount of the payment operation and the fee charged,
through the bank statement.
6. In case of payments, the currency for debiting the paying
customer’s account will be the one stipulated in the payment form.
7. Prior to execution of the payment, the Bank has the right to:
request documents verifying the purpose of the payment, in
accordance with the regulations in force.
8. In case the Customer/Proxy of the Account Holder requests the
withdrawal from the foreign currency account of amounts less than
5 EUR/USD/other currency, such amounts will be changed in Lei at
the Bank’s rate on that day and delivered to the Customer in that
currency.
9. In case of error by the Bank in relation to the Customer’s account,
the Customer expressly authorises the Bank to correct, at its own
initiative, without the prior consent of the Customer, the amounts
recorded incorrectly.
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10. The Bank may set various limits/thresholds related to payments
for different payment instruments.
11. The payment operations through debit instruments are
conducted in accordance with the law applicable to cheques, bills of
exchange and promissory notes and the law regarding the Payment
Incident Register.
When issuing debt instruments, the Customer must make sure that
the account contains enough funds for the payment thereof at the
date of issue (for cheque) and the maturity date (for bills of
exchange and promissory notes).
12. In case of unauthorised overdraft, the Bank is entitled to
calculate, from the date of registration thereof in the account, a
penalty interest on the outstanding balance of the current account or
revolving account; the interest rate is displayed at the Bank’s units.
13. Any foreign exchange request by the Customer, by signing a
foreign exchange order or a contract specific to such transaction,
either with immediate settlement, or with another date of the
currency, is irrevocable.
14. All costs arising from exchange rate differences will be borne
by the Customer. In addition, both in case of failure to observe the
Order given and modification by the Customer of the Order sent to
the Bank, all the consequences, including but not limited to
damages, additional costs borne by the Bank, will be incumbent on
the Customer.
15. In case of challenging the Operations conducted under a specific
contract, the deadline for complaints is the one provided in the
specific contract signed with the Bank.
D.2 PRICE
1. The price consists, as applicable, of the following components:
fees, interest rates, exchange rates, tariffs.
2. The amounts of fees, interest rates and tariffs charged by the
Bank can be found in Guidelines of fees in Lei and foreign currency
for individuals, and in the List of interest rates.
3. The exchange rates used by the Bank are displayed in the BRD
units and on the bank’s website www.brd.ro.
4. The Customer expressly approves of the immediate application
of any changes in the interest rate and the exchange rate, without
prior notice, if such changes are based on the reference interest rate
or the reference exchange rate.
5. Moreover, any change in the interest rate and the exchange rate
will apply immediately, without notice, if such change is for the
benefit of the Customer.
6. The Customer will be informed of these changes as soon as
possible by displaying them at the Bank’s units and on the Bank’s
website.
D.3 INFORMATION REQUIRED FOR THE PAYMENT
ORDER
1. For the proper execution by the Bank of a payment order, in case
the Customer is a paying customer, the latter is bound to fill in the
payment orders with the following information:
1.1 Domestic payments:
- name/designation and account number of the paying customer (the
account in IBAN format opened with the Bank);
- name/designation and sole identification code of the beneficiary
customer or, if applicable, the BIC code of the receiving credit
institution;
- information regarding the Bank branch where the paying
Customer’s account is opened: headquarters name or, as applicable,
the territorial unit and/or, if applicable, the BIC code;
- information regarding the receiving credit institution: headquarters
name or, as applicable, the territorial unit and/or, if applicable, the
BIC code;
- amount and amount currency;
- date of issue of the payment order (day, month, year), which must
be unique, possible and certain;
- the element or elements to verify the authenticity of the payment
order.
In addition to the information mentioned above, in the case of
payments to the State Treasury, the Customer will also fill in
following mandatory elements:
- tax identification code of the paying customer and of the
beneficiary customer;
- payment number assigned by the National Agency for Tax
Administration;
- payment order number given by the paying customer;
- references on the economic content of the operation.
1.2 Foreign payments:
The mandatory elements of a foreign currency payment order/DPE
(Foreign Currency Payment Order)/payment order in Lei abroad are:
- name / designation of the paying customer;
- IBAN code of the paying customer;
- amount of payment;
- currency ordered;
- name/designation of the beneficiary;
- sole identification code of the beneficiary;
- name of the beneficiary's bank, its address and BIC code;
- date of issue which must be unique, possible and certain;
- mention “urgent” – ticking this box means that the paying
Customer orders the Bank to conduct the transfer within a shorter
deadline than specified in the Contract;
- signature of the paying customer;
- fees (fill in by OUR/BEN/SHA)
- transaction description and code from the NBR Guidelines (for
resident – non resident payments) or transaction type (regardless of
the residence of the payer/beneficiary)
2. In case the Customer is the beneficiary of a payment, the
Customer must send the payer before initiating the payment, the
following mandatory particulars required for the proper execution of
the payment order:
- name/designation of the Customer account holder and the sole
identification code or the account number in IBAN format; The
mentioning of the Proxy of the Account Holder as payee is not a
correct identification, in which case the Bank reserves the right to
refuse the payment. The Customer will warn the payer that only the
Customer account holder may be the beneficiary of a payment;
- details of the Bank branch where the account of the beneficiary
Customer is opened, the Bank’s headquarters name or, as applicable,
the territorial unit and/or, if applicable, the BIC code
(BRDEROBU).
3. The Bank will not be liable for any delays or damages in case the
Customer provides incorrect information which led to the failure,
improper or delayed execution of the payment operation.
4. In the case mentioned in the previous paragraph, the Bank will
make all reasonable efforts to recover the funds involved in the
payment operation and will be entitled to charge the Customer with
a fee for the recovery operation, in accordance with the Guidelines
of fees in Lei and foreign currency for individuals.
D.4 PAYMENT OPERATION AUTHORISATION
1. The payment operations initiated by the Customer must be
authorised by the Customer or by the Proxy of the Account Holder,
by expressing consent under the contract.
2. If consent is given by the signature of the Customer and/or of the
Proxy of the Account Holder, it must be in full accordance with the
specimen signature submitted at the Bank.
3. The Bank relies on the reality, correctness and authenticity of the
signatures appearing on the instructions sent to the Bank in any way.
4. The Bank has no liability whatsoever for the consequences that
may occur as a result of:
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- fraudulent or abusive use of signatures or of customized security
elements;
- failure to comply with the terms of authorisation of payment
operations as agreed in the contract.
D.5 RECEIPT AND ACCEPTACE OF PAYMENT ORDER
1. The time of receipt of the payment Order is the moment when the
Bank receives such Order, if the Order is prior to the internal time
limit (if any, depending on the operation) in a working day. The
time limits related to payment order operations are presented in
Appendix 1 to the Guidelines of fees in Lei and foreign currency for
individuals.
2. The time of receipt will be deemed the day agreed between the
Bank and the Customer, in case the paying Customer and the Bank
agree that the execution of the payment Order begins on a certain
day or at the end of a certain period or on the day when the funds
are made available to the Bank.
3. The payment orders received after the time limit or on a non-
working day will be deemed received on the following working
day.
4. The receipt of payment orders is considered to be:
- in case of a payment order on paper, the date of submission to the
Bank branch, listed on the form signed and stamped by the Bank.
- in case of payment orders submitted through remote banking
services, the moment when the Customer expressed his/her consent
under the contract.
5. A payment order is deemed accepted by the Bank if it is received
and is recognized as valid.
6. A payment order is considered valid if:
- all the information required to execute the payment order is filled
in;
- the payment order has been authorised under the Contract;
- the current account indicated by the Customer for making
payments, contains the funds needed for the payment.
7. After having accepted the payment order, the Bank debits the
current account with the related amounts, in order to execute the
payment order, unless the Customer agrees with the Bank that the
execution of the order begins on a certain day or at the end of a
certain period or on the day when the funds are made available to
the Bank, in which case the debiting of the account will be made
upon the time of execution agreed with the Bank.
D.6 REFUSAL OF PAYMENT OPERATIONS
1. The Bank may refuse to execute a payment operation and take
any appropriate action, including the cancellation or blocking of the
payment instrument, if the Bank considers that:
- there was a breach of Contract, including but not limited to the
filling in of the payment order with the elements required for the
execution thereof, available funds in the account, etc.;
- the payment operation ordered may violate some legal provisions.
- the Customer refuses to submit supporting documents expressly
required by the Bank.
- the Customer orders a payment to an entity subject to international
sanctions.
2. A payment order whose execution has been refused will be
deemed not received by the Bank.
3. The Bank will notify the Customer by one of the following
methods: telephone, e-mail, fax, SMS, messaging in BRD-NET or
letter stating the refusal to execute a payment order and, if possible,
the reasons for refusal and the procedure for correcting the errors
that led to the refusal.
4. In case the refusal is objective, the Bank is entitled to charge a
specific fee according to the Guidelines of fees in Lei and foreign
currency for individuals.
D.7 CANCELLATION OF PAYMENT OPERATIONS
1. The paying customer cannot withdraw the consent to a payment
operation after the receipt and acceptance of the payment order by
the Bank.
2. By way of exception, the Customer may cancel a payment
operation in case the parties have agreed that the execution of the
payment order begins on a certain day or at the end of a certain
period or on the day when the Customer made funds available to the
Bank, provided that the cancellation is notified no later than the end
of the working day preceding the day agreed (e.g. direct debiting,
scheduled payments).
3. The consent expressed for the successive execution of several
payment operations (e.g. direct debiting, scheduled payments, etc.)
may be withdrawn, but any future payment operation, after the
withdrawal of consent, will be considered unauthorised.
4. Any withdrawal of consent must be made in writing (fax, e-mail,
simple letter) and if the consent was withdrawn by another form of
communication, the Customer will also submit to the Bank the
request in written form, until the end of the working day preceding
the day agreed for debiting the account, otherwise the Customer will
be liable for any damage incurred by the Bank.
5. If the Customer cancels the payment after giving the consent, the
Bank may charge a specific fee according to the Guidelines of fees
in Lei and foreign currency for individuals.
D.8 EXECUTION OF THE PAYMENT ORDER
1. Depending on the type of operation ordered by the Customer and
the internal time limit for receipt by the Bank stipulated in the
Contract, the maximum period within which the Bank will execute
the operation (by crediting the payment account of the payee) is:
- Domestic payments: maximum T+1,
- Foreign Payments: maximum T+3.
2. T represents the date of receipt of the payment order by the Bank.
3. At the request of the Customer, the Bank may carry out
emergency payment operations, in consideration of a fee according
to the Guidelines of fees in Lei and foreign currency for individuals.
D.9 LIABILITY
1. The payment order is executed by the Bank, as regards the payee,
based on the sole identification code provided by the paying
customer.
2. The Bank will not be liable for the non-execution or defective
execution of a payment operation, as regards the payee, as a result of
using an incorrect sole identification code provided by the paying
customer. In this case, the Bank will make all reasonable efforts to
recover the funds involved in the payment operation.
3. In case the Customer requests the recovery of funds as a result of
his/her own error, the Bank may charge a fee for the recovery
operation according to the Guidelines of fees in Lei and foreign
currency for individuals.
4. The Bank will be liable towards the Customer for any losses,
including any interest charged to the Customer as a result of the
non-execution or inappropriate execution of the payment operation,
due to the exclusive fault of the Bank.
5. In the event of a payment operation proved to be unauthorised by
the Customer, as well as in the event of a payment operation
correctly authorised, but not executed or improperly executed by the
Bank, in relation to which the Customer notified the Bank, the Bank
will immediately repay the paying customer the amount of the
unauthorised or improperly executed payment operation and, if
applicable, will restore the Customer’s account to the state in which
it would have been, if the unauthorised or improperly executed
payment operation had not been carried out.
6. By way of exception, the Bank will not be held liable if there is
evidence that the bank of the payee has received, within the
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execution deadline agreed with the Customer, the amount of the
payment operation in question.
7. In case of a non-executed or improperly executed payment
operation, the Bank, upon Customer’s request, will take immediate
action to identify the payment operation and will inform the
Customer on the outcome, regardless of whether the liability rests
with the Bank or not.
8. The Customer undertakes to indemnify the Bank for any
damages, losses or expenses incurred by the latter, resulting from
the breach of this Contract by the Customer, including for any
damages, losses or expenses incurred by the Bank, following the
ascertainment of the Customer’s financial liability for payment
refusals, within the limits prescribed by law.
9. The paying customer will bear, within the limits prescribed by
law, the losses relating to any unauthorised payment operation
resulting from the use of a payment instrument that has been lost,
stolen or used unlawfully (in case the paying customer failed to
keep safe the customized security elements), until the notification of
the Bank in accordance with the Contract.
10. The paying customer will bear all the losses relating to any
unauthorised payment operation, if such losses are due to fraud or
deliberate violation or gross negligence of the obligations under the
law and Contract.
D.10 SECURITY CONDITIONS AND CORRECTIVE
ACTIONS
1. The Customer must keep safe all the customised security
elements of payment instruments by means of which is made the
authorisation of operations.
2. The Bank will ensure that the customised security elements of
payment instruments are not available to other parties except the
Customer who is entitled to use the payment instrument.
3. The Customer must use the payment instruments in accordance
with the law and the Contract that governs their use.
4. The Customer must inform/notify the Bank without undue delay
in case of loss, theft, fraudulent use of the payment instrument or
any other unauthorised use, through the methods specific to each
product in this Contract, under the terms and conditions agreed. The
Bank may be notified through the Vocalis service which is available
to customers 24 hours on 24, 7 days a week, by phone: 021 302 61
61 (normal charge in Romtelecom network), 0800 803 803
(TelVerde number free of charge in Romtelecom network) or
*BANCA (*22622) (charged as network call from any Orange or
Vodafone number)/ or, if necessary, by other means of agreed with
the Bank.
5. If for reasons related to the payment instrument security, the
Bank has a suspicion of unauthorized or fraudulent use or other
situations that present a risk, the Bank may block the payment
instrument.
6. The Bank will inform the Customer, including on the reasons for
blocking, if possible, before blocking or immediately thereafter,
unless the provision of such information would prejudice the safety
reasons objectively justified or is prohibited by other laws.
7. The Bank will unblock the payment instrument or will replace it,
once the reasons for blocking cease to exist.
D.11. REFUNDING FOR PAYMENT OPERATIONS
INITIATED BY OR THROUGH THE PAYEE
1. Within 8 weeks from the date on which the funds were debited,
the paying customer may request the refunding by the Bank of a
payment operation initially authorised by or through a payee
(including direct debit operations) which has already been executed,
only if the following conditions are met:
- the authorisation did not specify, at the time of issue thereof, the
exact amount of the payment operation;
- the amount of the payment operation exceeded the amount which
could be reasonably expected by the paying customer, taking into
account his/her previous spending pattern, the terms of Contract and
the relevant circumstances of that case;
- the paying customer provides, upon request of the Bank, specific
items related to the above conditions.
2. Within 10 working days from the receipt of a refund request, the
Bank may repay the entire amount of the payment operation or may
explain, under the law, the refusal of refunding.
3. The paying customer is not entitled to any refund in case he/she
expressed his/her consent on the operation directly to the Bank and,
if applicable, the information on future payment operations was sent
or provided to the paying customer, in the agreed form, at least 4
weeks before the due date, by the Bank or by the payee.
E. EVIDENCE OF OPERATIONS AND STATEMENT OF
ACCOUNT
1. The Bank issues statements of account for any operations
performed on the Customer’s account.
2. The statement of account is a document issued by the Bank which
includes the information in paragraphs 2.1 and 2.2.
2.1 If the Bank acts as a provider of the payment services of the
paying customer, the information is as follows:
a. a reference allowing the paying customer to identify the payment
operation and, where appropriate, information on the payee;
b. the amount of the payment operation in the currency in which the
paying customer’s account was debited or in the currency used for
the payment order;
c. the total price of the operation performed by the Customer,
according to the Guidelines of fees in Lei and foreign currency for
individuals;
d. if applicable, the exchange rate used by the Bank in the payment
operation and the total amount of the payment operation after such
currency conversion;
e. the value date of account debiting or the date of receipt of the
payment order.
2.2 If the Bank acts as a provider of the payment services of the
beneficiary customer, the information is as follows:
a. a reference allowing the beneficiary customer to identify the
payment operation and, where appropriate, the identification of the
payer, as well as any information transferred with the payment
operation;
b. the amount of the payment operation in the currency in which the
beneficiary customer’s account was credited;
c. the total price of the payment operation, or the interest borne by
the beneficiary customer;
d. if applicable, the exchange rate used in the payment operation by
the Bank and the amount of the payment operation before currency
conversion;
e. the value date of account crediting.
3. The statement of account is issued by the Bank and is made
available to the Customer, on paper support, once a month, free of
charge, for the prior calendar month, at the Bank’s units or by other
means chosen by the Customer by filling in the Statement of
Account Application.
4. At the request of the Customer /Proxy of the account holder, and
to the extent possible, the Bank will provide, for a fee, according to
the Guidelines of fees in Lei and foreign currency for individuals,
additional information in addition to those in paragraph 2 or more
frequently or by other means of communication than those
mentioned in paragraph 3.
5. At the request of the Customer /Proxy of the account holder, the
Bank may issue, within 72 hours of the request, statements or lists of
operations for the days when operations were ordered, for a fee,
according to the Guidelines of fees in Lei and foreign currency for
individuals in force on the day of request. These statements are
9
made available to the Customer/Proxy of the account holder at the
Bank branch where the account is opened.
6. If the Customer finds on his account an unauthorised or
improperly executed payment operation, giving rise to a complaint,
the Customer is entitled to claim the above errors, as soon as
possible (max. 60 calendar days from the date of debiting the
account mentioned in the statement). Any subsequent complaints
will be considered by the Bank only in the event of delay in justified
cases, but no later than 13 months from the date of debiting the
account mentioned in the statement of account.
7. The Customer may file the above-mentioned complaints, in
writing, with any branch of the Bank.
8. In case the Customer wants to change the statement of account
option, the Customer will give his/her consent by filling in the
Statement of Account Application or by calling the VOCALIS
service.
F. CLOSING THE ACCOUNTS
1. The Customer may require the closing of the Account by an
application signed and submitted to the Bank.
2. Closing the Account will be made only upon the payment by the
Customer of all amounts owed to the Bank (the closing will be
made provided that the Account has no active products attached).
3. If there is a debit Card attached to the current Account, or in the
case of the credit Card, the closing of the Account upon the
Customer's request will be made within 30 calendar days of the
application.
4. The Customer cannot request the Account closure where on it has
been restricted by law.
5. Once the Account is closed, the Customer is required to dispose
of the products and services assigned to the Account in question.
6. If the Customer has opted for the mobility service current
Accounts in RON and requests the Bank by the Transfer
Application, as previous Bank, to close the Account and the
Account relationship after receiving from the new Bank the transfer
application signed by Customer. The Bank will proceed to closing
the current Account in Lei, provided that the following terms are
met simultaneously:
6.1 The Customer has delivered all BRD facilities / services, has no
attachments or liens, other debts (overdraft account, loans, etc.) or
active products and services attached to this current Account (cards,
deposits, remote Bank services etc.).
6.2 The conditions for closing the Account / products and related
services provided in the contract between the Customer and the
Bank are met.
6.3 The Customer has paid the postage and communications
expenditure under the Bank fees guide in Lei and foreign currency
for individuals, in force at the time.
7. At the same time with the closing of the current Account, the
Bank will terminate all contracts related to the provision of payment
services, including direct debit, standing order and payment orders
issued with the next payment date and will transfer to the new Bank
the current effective remained available.
8. If the Bank becomes aware of the death of the Customer, by the
presentation by any interested person of the latter’s death certificate,
the Bank has the right to block the Account until the conditions
mentioned below are met. As an exception to the rule of informing
the Bank by the presentation of any interested person of the death
certificate of the Customer, the Bank reserves the right to block the
Account also where the Customer’s death is made known through
any other means (e.g. public mass communication), and this is not
an obligation to the Bank.
9. In case of Customer’s death, the amounts in the Account or in the
deposit shall be issued only to persons designated in this regard by
the Certificate of Inheritance and within the limits laid down in this
(these people will also submit the identity documents and Death
Certificate of the Customer).
10. Where there are several heirs with Inheritance Certificate
designated in this as beneficiaries of the amounts in the Account and
/ or the deposit, the Bank will release the amounts in the Account or
may terminate the deposit only with the agreement of all heirs.
11. The Bank reserves the right to close any Current Account /
revolving Account of the Customer without prior notice, in any of
the following cases:
a. meeting cumulatively the following 3 conditions: 1 - Current
Account with balance less than or equal to 15 EUR (or equivalent in
the Account currency) 2 - Absence of all current Account
transactions for a period of at least 6 consecutive months; 3 -
Absence of active products attached to the current Account.
b. delays or refusal of submission of documents or their
modifications as requested by the Bank;
c. emergence of two payment incidents;
d. Failure to submit the documents related to payment transactions
ordered or their submission in an improper manner;
e. The violation of the Agreement (see paragraph III B art. 1-15) and
/ or of the legal provisions in force.
12. Until the actual closing of the Account, the Customer shall settle
the amounts in that Account by either transferring the amount into
another Account or withdrawing the amount in cash. If the
Customer does not opt for one of these two options until the actual
closing of the Account, the Customer states that he/she is aware and
agrees that the Bank shall automatically close the Account for
amounts of less than EUR 15 (or the equivalent in RON or other
currency) in that Account. The Customer has the right to request the
return of such amounts thereafter.
13. If after the after payment of the loan / deposit liquidation, the
Customer wishes to maintain the current Account, the same will
express its express option in the forms of the Bank.
14. The Bank offers the Customers, free of charge, a letter showing
that all contractual obligations to the Bank have been extinguished.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
A. CUSTOMER’S RIGHTS
1. To receive for the funds available on the Account the interest
determined under the regulations of the Bank.
2. To make deposits the Account by cash deposits to the Bank units
or transfers from other Accounts opened with the Bank or other
Banks. Foreign deposits shall be subject to the Currency Regulation
of the National Bank and the regulations on foreign exchange
operations, in force at the time they are made.
3. Order operations with the amounts in the Account in compliance
with the Contract and the legislation in force.
4. Require the closing of the Account only after the payment to the
Bank of all amounts owed to it.
5. To be made available by the Bank the statement evidencing the
Transactions made.
6. To require products and / or services to be attached to the
Account, as determined by the Bank.
7. To benefit from preferential conditions for a determined period of
time, due to a promotion or introduction in a convention on the
wages payment, so that at the end of the promotional period /
validity of the convention (or upon leaving the convention by the
Customer), the pricing conditions return to the standard.
B. CUSTOMER’S OBLIGATIONS
1. To acknowledge and comply with these conditions to perform
Account operations and the provisions of other agreements
concluded with the Bank.
2. To use their Account opened with the Bank to perform operations
using only standard forms of the Bank. They must be properly filled
in and reflect real transactions, the Customer being responsible for
this.
10
3. The Customer / Proxy must provide the Bank accurate and timely
data, information and documents the latter requests whenever
necessary, in order to open each Account, product or service
provided, as well as to verify the legality of operations made
through the Accounts (debit and credit) and of the real Beneficiary.
If the proxies submit to the Bank a special mandate, notarised
power of attorney, etc. (documents provided for by the law in force)
in order to open Accounts in the name of the holder, they must
submit to the Bank the documents and information required both for
themselves and for the Account holder.
4. To notify the Bank where the occurrence of any changes to the
information provided to the Bank (e.g. identification data on the
Customer and / or Person Authorized for the Account, revocation of
the power of attorney, etc.) and replace properly the documents
initially submitted within 5 working days from the date of the
change in question. Until the receipt by the Bank of such changes
by the Customer, the Bank is entitled to consider the information
and identification data in its possession as valid. The Bank shall not
be liable for any damage caused as a result of failure to notify in a
timely and safe manner the changes / additions occurred or where
they have been communicated to the Bank by the Customer without
being followed by documentary evidence.
5. To comply with the public work timetable of the Bank, as shown
in its units.
6. To pay the commissions, fees and Bank interests relating to the
transactions and products held in due time, under the Fees Guide in
lei and foreign currency for individuals and the List of interests in
effect at the time of payment, available at the Bank’s units, the
Bank's institutional site or the internet Banking services.
7. To get regularly informed about the changes in the fees, expenses
and interests, to be posted in the units of the Bank, the Bank's
institutional site or in the internet banking services.
8. To conduct operations in the current or revolving Account.
9. To operate only within the limits of available funds in the
Account, taking into account the value of fees and charges for the
Accounts management and the Operations carried out.
10. To perform deposits at least at the level of the unauthorized
overdraft Account (if applicable) and fees and interest related to the
operations carried out, in case of an overdraft account.
11. To carry out a minimum monthly deposit in the revolving
account with credit card attached, covering at least the amount
shown in the Account statement, calculated by the Bank based on
the line of credit used (amount including all commissions, fees,
insurance premium, interest applicable to the operations carried out
and the unauthorized overdraft Account, if applicable).
12. To get informed on Accounts by any means provided by the
Bank, including by analysing the statement of the overdraft
Account.
13. To promptly notify the Bank of any payment instrument lost,
stolen, destroyed or cancelled, so the latter can take the necessary
steps to make impossible the subsequent use of such instrument.
14. The Customer irrevocably and unconditionally authorizes the
Bank to recover from any Account opened with the Bank, current or
for deposit (even which has not reached maturity), the amounts
representing their payment obligations to the Bank. For deposit
Accounts which have reached maturity, the amounts remaining after
the payment of liabilities of the Customer to the Bank will be
transferred to the current Account through which the deposit was
made and will be given bonuses under the form of interest
applicable to the current Account.
15. The Customer understands and accepts the possibility that in
case of occurrence of exceptional changes in the circumstances
which led to the coming into relationship with the Bank, beyond the
control of the Bank, the execution of obligations undertaken to the
Bank becomes more onerous because of the increased cost of their
execution.
16. The Customer agrees to undertake the risk of the occurrence of
such circumstances, being held to fulfil its obligations to the Bank
regardless of such exceptional changes of circumstances which led
to the coming into relationship with the Bank.
17. To submit to the Bank the documents requested by the latter in
original or certified copy or, where appropriate, in another form
required by the Bank.
C. BANK'S RIGHTS
1. To require the Customer / Proxy of the account holder documents
regarding the purpose of banking services which are to be carried
out through the Bank.
2. To refuse to open Accounts or make transactions ordered by the
Customer / Proxy of the account holder, if the Bank's policy of
knowledge and acceptance of Customers is not complied with.
3. To consider any payment in its favour from the date of
registration of the amount in the Account in question.
4. To make a written request for information on the Customer and /
or comments the Proxy of the account holder, in situations where
there are gaps in the information held by the Bank or the Bank
considers that the information held on the individuals above is not
complete, accurate or is contradictory.
5. To suspend the performance of any transactions in the Customer’s
account from the date of the application referred to in paragraph 4
until the receipt of all information required under conditions
satisfactory to the Bank. If the Customer does not provide the
information within the time specified by the Bank or where it is
subsequently found that the information provided does not match
reality, the Bank reserves the right to reconsider the relationship
with the Customer, including by closing its Accounts.
6. To modify:
- The Current Account administration fee attached to a loan or a
deposit;
- The transaction fees (for those products / services to which the
Customer has the right of choice - e.g. transfers, payments) and to
inform the Customer via the Bank’s units, the Bank's institutional
site or the internet banking services.
7. To retain, without this being an obligation to the Bank, from any
of the Customer's Account at the Bank, the fees, interests, Bank
charges due and the outstanding loan instalments without any prior
notice, if the Account specified in the contract does not contain
sufficient amounts to cover such expenses and, where appropriate,
carry out foreign exchange transactions at its own exchange rate to
buy currency / Lei and deposit amounts in the Customer's current
Account in foreign currency / Lei. The Customer shall not be
relieved of the payment of any amounts penalties due and will not
be exempt from the registration to entities that collect data on the
Customers’ creditworthiness.
8. To make payments, from the Customers' Accounts opened with
the Bank (excluding the revolving Account), without the latter’s
consent, based on the court judgment or arbitration, final and
enforceable, and other enforceable titles by law, upon the request of
persons / entities entitled.
9. To block the Customer's current Account in case of failure to
make deposits in the overdraft account for 3 consecutive months,
and in case of registration of the current Account unauthorized
overdraft. Also, to block the revolving account with credit card
attached if the Customer does not make for 3 consecutive months
the minimum deposit in the Account with the amounts shown in the
monthly statements of account.
10. Not to engage with its own funds in any transactions initiated by
the Customer / Proxies of the account holder and cannot be held
responsible for the consequences resulting from the failure to
perform transactions for lack of available funds in the Customer's
Account.
11. To refuse to perform any operation in the Account if the same
has concerns about the Proxies of the account holder on the nature
of the operation and also if the documents underlying it present
suspicious items.
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12. To send to the Credit Office, the Payment Incident Office, the
Banking Risk Office the risk information as well as information on
the credit products, any fraudulent activity and information about
the inadequacies of the documents / statements made on behalf of
the Customer / Proxies of the account holder for processing and
consultation whenever necessary.
13. To calculate late payment penalties for the amounts owed to the
Bank by the Customer, all of which can exceed the amount owed by
the Customer. The level of the penalties is different for each type of
payment obligation and is displayed at the Bank units.
14. To grant the Customer preferential tariff conditions depending
on the fulfilment of eligibility conditions presented by the Bank,
notified to the Customer. If the Customer does not fit the conditions
of eligibility, the Bank has the right to apply the standard tariff
conditions.
15. The Bank may execute any power of attorney, authorization,
statement of the nature of the mandate given by the Customer,
either by the Bank staff or by a subsidiary thereof, by a credit
institution or another corresponding credit institution.
16. Each power of attorney, authorization, statement of the nature of
the mandate given by the Customer to the Bank is deemed
irrevocable, unless the parties expressly agree in writing on the
possibility of dismissal.
17. The Bank may offset any outstanding liabilities of the Customer
owed to the Bank with any payment obligation of the Bank to the
Customer, regardless of the place of payment, the branch where the
payment was made or the currency of any liability. If the liabilities
are in different currencies, the Bank may convert any liabilities into
another currency so it can operate the offset, using the exchange
rate used by the Bank on the offset date, in the normal course of its
activities for similar transactions.
18. If between the Bank and the Customer there are several legal
relations or more Accounts, the Customer will not be able to make
an offset between the assets and liabilities without the agreement of
the Bank. The Bank and the Customer expressly agree that in the
legal relations between the Bank and the Customer, they will not
operate offsets between the assets and liabilities balance, except to
the extent that the Bank gives its prior written express consent on a
specific offset operation.
19. To provide information of banking secrecy nature, in the sense
of Emergency Ordinance no. 99/2006, to members of the Société
Générale Group, the central public authorities, local public
authorities, agents for debt collection / recovery, court authorities,
insurance and reinsurance companies.
D. BANK’S OBLIGATIONS
1. To carry out in the Customer’s account the Banking transactions
ordered by the latter of the Proxy of the account holder in writing or
by other means agreed between the Bank and the Customer, but
only up to the limit of the Account balance and in compliance with
its own rules and regulations and the internal and international
Banking practice.
2. To debit the Account with the value of transactions in a currency
other than that of the Account based on the exchange rate used by
the Bank on the day of the transaction and notified to the Customer
by the statement of account.
3. To keep in its archives a copy of the application-forms, filled in
by the Customer, on the products and services contracted, for a
minimum of 10 years after their receipt.
4. Not to send the Customer an unsolicited payment instrument,
except where the payment instrument already sent to its user must
be replaced.
5. To provide the Customer upon the termination of the Contract,
free of charge and without any request from the Customer, a
document showing that all obligations of the parties arising from
this Contract were settled.
IV. KNOW YOUR CUSTOMER, PREVENTING MONEY
LAUNDERING AND TERRORISM FINANCING
1. The Bank will not open and will not operate anonymous
Accounts, for which the identity of the holder or real beneficiary is
not known and properly highlighted, or Accounts under fictitious
names.
2. Upon starting a Bank-Customer relation, the opening of Accounts
or providing services as well as to determine the circumstances and
scope of operations, the Bank may require the Customer / Proxy of
the account holder additional documents to verify their identity,
prove the transaction / operation carried out through the Customer
Accounts and / or determine the real beneficiary of these
transactions.
3. The Bank reserves the right to refuse transactions carried out in /
and from the Customer’s Accounts or to cease the relations with the
Customer in case of false statements or in case of having suspicions
on the veracity of those stated by the Customer / Proxy of the
account holder, including where they submit to the Bank payment
instruments that can be deemed as potentially fraudulent, causing
payment risks, including those instruments that may affect the
finality of settlement, subject to penalties provided by the law.
4. The Customer is required to update his/her personal data for the
entire duration of the Contract. If the Customer fails to comply with
the obligation to update the personal data, the Bank is entitled not to
operate the transactions requested.
Based on the information and documents submitted by the
Customer, provided that they meet the legal requirements, the Bank
will update the personal data thereof. The update of data and
information is a continuous process which is performed with the
participation of the Bank and of the Customer.
5. In the event that a Customer is represented in the relationship with
the Bank by another person acting as nominee, trustee, guardian or
in any other capacity, the Bank must obtain and verify the additional
information and appropriate documents relating to the identity of the
representative and, where applicable, the nature and limits of the
empowerment.
The verification of the identity is applied properly, for the real
beneficiary and for checking based on the identity risk thereof.
6. In all cases where the Customer / Proxy of the account holder
performs cash operations with cash and / or transfer, the value of
which exceeds the equivalent of EUR 15,000 (or combined within
one Banking day) the Customer is required to submit to the Bank
documents on the source of funds and fill in the statement on the
identity of the real beneficiary.
V. CONFIDENTIALITY
The Bank and the Customer / Proxy of the account holder shall
comply with the confidentiality of all facts, data, documents and
information arising from the Customer - Bank relationship, except
as required by law or to resolve the disputes related to card
transactions.
VI. FINAL PROVISIONS
A. MODIFICATION OF THE CONTRACT
1. Any changes proposed by the Bank on the terms of the Contract
will be notified to the Customer by any means of communication
approved at least 2 months before the date proposed for their
application.
2. The Bank will consider that the amendments are accepted by the
Customer, unless the Customer notifies the Bank in writing before
the date proposed for entry into force, on not accepting the changes
in question.
3. In this situation, the Customer has the right to terminate the
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Contract immediately and free of charge, before the date proposed
for the entry into force of amendments.
B. DURATION OF THE CONTRACT
1. The contract is concluded for an indefinite period.
2. The Contract terminated by:
a. The parties' agreement;
b. Unilateral termination:
- by the Bank, with a notice of 60 calendar days;
- by the Customer, with a notice of 30 calendar days.
c. where expressly specified in the Contract or in the forms, specific
contracts concluded between the Customer and the Bank.
3. The termination of the Contract has the effect of closing the
Account and all its products and related services.
C. CUSTOMER AND BANK COMMUNICATION
1. The correspondence addressed to the Bank by the Customer shall
be made by registered letter with acknowledgment of receipt or by
other means acceptable to the Bank (subject to the means agreed
with the Bank by way of contracts / forms related to products /
services).
2. The registered letter will be sent by the Customer to the unit
where the current Account / revolving Account is opened,
mentioned in the Account opening form.
3. The Customer shall always ensure that the notices sent to the
Bank will reach their destination within the prescribed period to be
considered by the Bank.
4. Documents written in foreign languages will be presented to the
Bank together with their translation into Romanian and
authentication by a notary for the signature of the certified
translator.
5. Sending the mail / notifications to the Customer by the Bank
shall be deemed performed where:
- The Bank has a copy of the notice signed by the Customer;
- That mail is highlighted in a shipping document signed by mailing
or postal delivery companies;
- It was received by the Customer from the date of sending by the
Bank through alternative channels (the Bank website www.brd.ro,
VOCALIS / phone, email, fax, SMS, etc.).
6. The correspondence sent to the Customer by the Bank shall be
deemed properly given if it was sent to the last address or last
telephone number or email address last notified to the Bank by the
Customer under the Contract.
7. The communication between the parties will be in Romanian.
D. SECURING THE FUNDS HELD
The Bank is participating in the Deposit Guarantee Fund in the
Banking System in Romania and its depositors benefit from deposit
insurance under and compliant with the limitations as provided by
the law. The Customer information will be posted at the
headquarters of Bank units.
E. FORCE MAJEURE
1. The Bank and the Customer shall not be responsible for any loss
due to the disruption of operations caused by force majeure.
2. Force Majeure is any unforeseeable, unavoidable event, beyond
the control of either party, which absolutely prevents the party to
totally or partially fulfil its contractual obligations (e.g., natural
disasters, strikes, war).
3. In case of force majeure, the affected party shall notify the
occurrence of force majeure by phone or fax, within a maximum of
5 calendar days, so that in the next 15 calendar days to submit a
certificate issued by the relevant authorities on the case of force
majeure, by registered letter or by submission to the Bank.
F. APPLICABLE LAW. LITIGATION
1. The relations between the Bank and the Customer shall be
governed by the Romanian law.
2. This contract is written in Romanian.
3. Any dispute will be resolved amicably by the parties hereto.
Otherwise, it will be solved by the competent court in the
jurisdiction of which the Bank unit where the Customer has opened
its Account is situated.
4. If the Customer considers himself injured in his/her rights, he/she
can resort to extrajudicial dispute resolution procedures in the
following ways:
- To inform the National Authority for Consumer Protection;
- If the same considers that his/her rights arising from the payment
of a service were violated, as they are covered by GEO no.
113/2009, to seek the mediation procedure, according to Law no.
192/2006.
G. OTHER PROVISIONS
1. The Customer / Proxy of the account holder states that the
information contained in all the documents provided to the Bank is
true given that false statements are punishable under the Criminal
Code.
2. The Customer / Proxy of the account holder confirms that it has
received a copy of the General Conditions for Retail Banking, the
Fees Guide in Lei and foreign currency for individuals and the list of
Interests, and that it is aware and agrees with the content of each of
their clauses.
3. The Customer / Proxy of the account holder freely expresses their
consent to contract, with the intent to be required under the
provisions of these General Conditions for Retail Banking in their
entirety and signs these General Conditions for Retail Banking with
the intent to obtain freely all rights and obligations under these
General Conditions for Retail Banking, which it considers fair. The
Customer states that Bank has made available all documents
necessary for the correct understanding by the Customer of these
General Conditions for Retail Banking and all aspects related
thereto.
4. All persons who are party to various contracts with the Bank as:
representative / legal guardian (in the case of contracts with
minors), user (in the case of Card contracts), co-borrower or
guarantor (in the case of loan contracts) etc., state that they have
received a copy of these General Conditions for Retail Banking,
they are aware of and agree to their content, subject to the applicable
provisions of this document.
BANK PRODUCTS AND SERVICES
I. NOMINAL CURRENT ACCOUNT
1. The nominal account is a current Account opened for
undetermined period, on behalf of a single Customer, with the
minimum age of 18 years (excluding the current Account for the
Sprint Card, where the minimum age is 14 years old).
2. The Customer has the right to appoint Proxies of the account
holder (2 person standard) who can perform operations on the
Account within the limits set by the power of attorney.
3. The Account is intended including for the registration of card
operations carried out under this Contract.
II. REVOLVING ACCOUNT
1. The revolving account (account with credit card attached) is
automatically opened by the Bank on behalf of a single Customer,
due to a request by the latter for issuing a credit card.
2. In the revolving Account, the operations through credit cards and
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commissions, interest, the insurance premium related are
exclusively reflected.
3. The Customer has the right to appoint Persons Authorised on the
revolving Account, who have at the same time the quality of user of
additional credit cards (2 person standard).
III. TERM DEPOSIT ACCOUNT
A NOTION
1. The deposit Account is an Account for a specified period on
behalf of a Customer with a saving function.
B. TYPES OF DEPOSITS
1. Term deposits:
- Variable interest
- Interest payments are made monthly, or on expiry;
2. 1000 Deposit:
- Fixed interest;
- The payment of interest is made after the expiry of the term or is
capitalized;
3. Long term Deposit:
- Fixed interest;
- The interest payment is made after the expiry of the term or
monthly in the current Account;
4. Progresso:
- Progressive interest;
- The interest payment is made after 180 calendar days.
C. FEATURES:
1. The setting up or liquidation of a deposit is made by debiting /
crediting the current Account.
2. The amounts of interest on the Customer deposits (except those
for deposits with capitalization) are collected in the current
Account.
3. For deposits with floating interest rate, fixed, progressive rate, the
interest is calculated at 365 days; for the floating rate deposits, the
interest rate may vary depending on the deposit during the deposit
period depending on the financial market.
4. The withdrawal of any amount of the deposit by the deadline for
which was constituted entails its dissolution. The amount and the
interest applied by the Bank at the time of the dissolution of the
deposit will be transferred to the current Account.
5. The renewal of deposits us automatic, except for:
- Deposits with progressive interest;
- Deposit negotiated;
- Variable or fixed interest-bearing deposits for which the Customer
requested by the form of incorporation not to be automatically
renewed.
6. If the deposit is made in a non-Banking day / legal holiday, its
establishment is considered to be made on the next business day.
7. If the deposit expires on a non-Banking day / legal holiday, the
due date thereof shall be deemed to be the same day. For deposits
with automatic renewal a new deposit is automatically constituted at
the interest rate valid at the time of renewal and on the same terms
as the original one. If the Customer subsequently requests other
conditions for that deposit, the renewed deposit is cancelled and
another one is established under the specified conditions.
IV. OTHER SAVING AND INVESTMENT PRODUCTS
1. The Bank provides to Customers other saving and investment
products, as follows:
- Certificates of deposit;
- Cash collateral Accounts (deposits for payment orders with
maturity, deposits for directors guarantees, escrow Accounts and
other collateral deposits - guarantees provided).
These products are regulated individually, by their own Bank
specific conditions available in the forms (contracts or
documentation) for their purchase.
V. SAVING ACCOUNTS (ATUSTART, ATUSPRINT,
ATUCONT, SMART CONT)
A. NOTION
1. Savings accounts are savings products in LEI, EUR or USD,
which combine the advantages of a current Account with a term
deposit.
2. The savings Accounts are opened indefinitely.
B. TYPES OF SAVING ACCOUNTS. FEATURES
The Bank has in its offer the following types of saving Accounts:
1. ATUSTART:
- For Customers aged 0 to 14 years (not of age).
2. ATUSPRINT:
- For Customers aged 14 years (of age) and 18 (not of age)
3. ATUCONT:
- Savings Account mainly for Bank Customers aged 14 years or
more.
- Depending on the type, the saving Accounts have a minimum
amount to keep in the account set.
- In calculating the upper limit (existing in the ATUSTART and
ATUSPRINT Accounts) interest is not included.
4. Smart Account:
- Mainly Savings Account for Bank Customers aged over 18 years.
- It is necessary to maintain a minimum amount in the Account only
to qualify for interest;
- Interest varying percentages apply depending on the balance
periods;
C. OPERATIONS ALLOWED
1. Deposits / withdrawals of cash to / from the savings Account at
the Bank units in compliance with the minimum balance in the
Account and / or the maximum threshold (if applicable). The
amounts deposited / withdrawn will be a multiple of tens of LEI /
EUR / USD.
2. Intra and extra bank proceeds in the savings Account.
3. Payments by transfer from the savings Account to the current
Account of the Customer opened to any unit of the Bank, subject to
the minimum balance in the Account (if applicable).
D. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
A. Customer’s Rights:
1. To receive quarterly the fixed interest rate by the Bank for the
funds available in this Account.
2. To designate the Proxy of the account holder.
3. To conduct, him/herself or his/her representative or the Account,
the transactions referred to in art. C – “Operations' allowed”' if the
power of attorney does not expressly provide a limitation of the
allowed operations.
4. The operations on the accounts the holders of which are minors
shall be made in accordance with the applicable law and
guardianship court decisions.
5. Closing the savings Account is based on the written request of the
Customer or the Proxy of the account holder, at the Bank unit where
the Account was opened.
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B. OBLIGATIONS OF CUSTOMER:
1. To maintain (him/herself or the legal protector thereof, in the case
if ATUSTART and ATUSPRINT accounts) in the savings Account,
the minimum balance established on the currency (LEI, EUR,
USD), if applicable.
2. Not to exceed, him/herself or the legal protector thereof, the
maximum threshold in the accounts type ATUSTART and
ATUSPRINT.
3. Not to require payments by transfer to other Accounts than its
current Account.
E. RIGHTS AND OBLIGATIONS OF THE BANK
A. BANK'S RIGHTS:
1. To determine the interest paid on the savings Account, quarterly
(on the 1st of each calendar quarter). For ATUSTART, ATUCONT
and ATUSPRINT, the reference data for calculating the rate are the
1st and the 15
th of each month and the balance to which the interest
rate is applied is determined by the following rules: deposits /
payments made on the 1st and the 15
th of each month are added to
the reference balance for calculating the interest starting with those
dates; deposits / payments made in any other day of the month
(except for the 1st and the 15
th) are added to the reference balance
for the calculation of the interest starting with the following 1st or
15th date; withdrawals / transfers made between the 1
st and the 15
th
diminish the balance for the calculation of the interest starting from
those dates; withdrawals / transfers made at any other time (except
for the 1st and the 15
th) diminish the balance for the calculation of
the interest, retroactively to the date of the operation, from the prior
1st or the 15
th.
For the Smart Account, the interest is calculated on the daily
balance in the account.
2. To refuse to pay the payment instruments if they affect the
minimum balance in the Account (except for the Smart Account), or
exceed the maximum threshold (in the case of ATUSTART and
ATUSPRINT). Where an account cashing transaction by Bank
transfer leads to exceeding the maximum permissible threshold, the
Bank will notify the Customer / legal guardian, within 2 working
days. The Customer / legal guardian may pick up in cash the
amount of this operation from the Bank's unit to which the same
submitted the application for opening the Account.
3. For the ATUSTART and ATUSPRINT Accounts: if the
Customer meets the maximum age allowed under the conditions of
that Savings Account, the Bank has the right to transfer all cash in
the savings Account, such as: from ATUSTART to ATUSPRINT
and from ATUSPRINT to ATUCONT (in compliance with the
minimum balance). By this article, the Customer expressly
authorizes the Bank to carry out this transfer operation. The transfer
is free of charge and carried out on the 1st or 15
th, immediately after
the anniversary of the Customer. If the transfer from ATUSPRINT
to ATUCONT is not available due to non-compliance with the
minimum balance, the cash balance remaining will be fully paid
into a current Account opened with the Bank on behalf of the
Customer. The account is automatically opened by the Bank in the
currency of the savings Account and subject to the rules set by the
General Conditions for Retail Banking. Also, the new current
Account bears interest and fees, according to the Fees Guidelines in
Lei and foreign currency for individuals.
B. OBLIGATIONS OF THE BANK:
1. To display quarterly on the 1st of each calendar quarter, at its
premises, the interest rate level granted to savings Accounts.
2. To pay in the Savings Account of the Customer (to capitalize) the
interest, quarterly (on the 1st of each quarter) for ATUSTART,
ATUSPRINT and ATUCONT, per month respectively (on the 1st of
each month) for the Smart Account.
VI. THE BANK CARD
A. BACKGROUND
1. The Bank offers its Customers debit cards and, if necessary, debit
cards with Account overdraft facility attached to the current
Accounts in Lei and / or currency and credit cards. They can be used
for commercial transactions, including the payment of various
services and utilities and / or release of cash, both in Romania and
abroad (depending on the card type).
2. At the Customer’s request, by filling in the standard forms of the
Bank and after the approval of the application by the Bank, the latter
issues the card and the associated PIN.
B. TERMS FOR USE OF THE CARD
1. Definition of the terms used
A. Acceptor: means any:
- Entity (public institution or person, irrespective of the legal form of
organization, authorized by law to carry out trading activities) that
has entered into a card acceptance agreement with a commercial
Bank, or
- A commercial Bank unit or cash machine that enables card
transactions.
B. Card: electronic payment instrument through which the holder /
user disposes of the money from the attached Account opened in the
same currency with the Bank, in compliance with the provisions of
the Contract.
By filling in the standard forms of the Bank, the individual calls for
opening a current Account in their own name / requires the
attachment to an existing current Account of a debit card usable on
that Account, becoming the Holder of account with debit card
attached.
By filling in the standard forms of the Bank and as a result of an
analysis of creditworthiness, the Customer can become a credit card
holder.
C. Exchange rate for card transactions: the exchange rate applied
to transactions with the card when the currency of the current
Account / revolving Account is different from the currency of the
transaction or the currency of the card organizations settlement, if
applicable. Details on how to calculate the exchange rate applied to
transactions with the card are available on www.brd.ro.
D. Holder: individual, account holder holding a card issued by the
Bank.
E. Card usage limits: limits set by the Bank for securing the
operations and for the protection of the Holder / User and referring
to both the number and value of transactions that can be made with
the card in a certain period.
F. Legal Guardian (for the CIRRUS SPRINT cards): Parent or
guardian who has given his/her express consent by signature for
opening the current Account and in favour of issuing the card for the
holder (Account holder) and who acknowledged and approved the
operations allowed thereof. The legal guardian with its holder is
jointly and severally liable on the obligations to the Bank.
G. Card Organization: international organization (Visa,
MasterCard, etc.) regulating the terms and conditions for the use of
own -branded cards.
H. PIN: personal identification code provided by the Bank to be
used in the card transactions at electronic payment terminals and
ATMs. This code is necessary to authorize the operation ordered by
Holder / User. The PIN code is a security feature, is purely personal
and confidential and shall not disclose, in any form, regardless of
context.
I. Refusal to pay: the manner in which the holder / User may
challenge an operation made with the card unfinished or performed
without its consent (unauthorized).
j. Terminals: the electronic or mechanical devices that allow the
card holder / user to perform payment transactions, cash
15
withdrawals and deposits, and other types of operations, such as
utility payments, balance inquiry etc.
k. User: natural person over the age of 14, on behalf of whom the
Holder (Account Holder) requested the issue of a card (by filling in
the standard forms of the Bank and providing identification data),
conferring the right to use in its current Account / revolving
Account and on its behalf, as Proxy.
The BRD-ISIC and CIRRUS SPRINT cards are not issued to Users.
2. Issue of Cards and PIN codes
2.1. The Bank will provide to the Card Holder / User no later than
45 days from the date of the latter’s request for the same. The
holder / user must sign the card immediately upon receipt at the
Bank’s desk. The PIN will be sent by the Bank only to the Holder /
User in the manner chosen by the Bank.
2.2. To enhance security, the card will be delivered inactive to the
Holder / User. The card will automatically activate upon the first
PIN confirmed operation carried out in the country or abroad. In
case the holder or the user has difficulty in activating the PIN, the
same can call anytime the VOCALIS service: 021 302 61 61
(normal rate number in the Romtelecom network) 0800 803 803
(TelVerde telephone number for free in the Romtelecom network)
or the *BANK (*22622) (billed as network call from any Orange or
Vodafone number).
2.3 The card can be activated anytime during its validity.
2.4. The card is the property of the Bank. The Bank may require its
return or authorize a third party to retain it on its behalf.
3. Security elements. Notifications when using with no right or
other unauthorized use
3.1. The holder / user must ensure the keeping in good conditions of
the card and security elements, so they are not lost, stolen, damaged
or in the possession of any other person.
3.2. The holder / user can allow other people finding out the card
number in the following situations:
a) to execute a purchase / cash withdrawal;
b) for reporting the loss or theft of the card or at the request of the
Bank.
3.3. The holder / user shall have the following obligations as regards
the use of PIN and eCommerce password, under the penalty of
bearing full damage:
a) upon receiving the sealed envelope containing the PIN, the same
must memorize the PIN and destroy the envelope in question;
b) the same shall notify the Bank immediately if the PIN envelope
has not been received sealed
c) the same should not enter the PIN / eCommerce password on the
card or other objects stored with the card;
d) the same should use the PIN / eCommerce password so that it
cannot be seen by others;
e) not to release the PIN / eCommerce password to others
(including Bank staff, police or other authorities);
f) If the PIN or other custom security elements came to the attention
of another person, the same should notify / inform the Bank and
request the locking of the card held and the issue a new card under
the payment of the related fee.
3.4. The obligations to keep the PIN/ eCommerce password above
apply on the other personalized security features.
3.5. If the same does not remember the PIN, it must notify / call the
Bank and request the PIN regeneration (for which it pays a fee
according to the Fees Guidelines in Lei or foreign currency to
individuals, in force at that time).
3.6. If the card is lost, stolen or used without right or the holder/user
notices an unauthorized use, the holder / user (and legal guardian in
case of Cirrus Sprint cards) must notify the Bank without undue
delay, as follows:
a) Telephone notification of the Bank, at the Vocalis service of the
Bank: 021 302 61 61 (normal rate number in the Romtelecom
network) 0800 803 803 (TelVerde telephone number for free in the
Romtelecom network) or the *BANK (*22622) (billed as network
call from any Orange or Vodafone number). The Vocalis service is
available 24/7.
b) Presentation to a unit of Bank for filling in specific forms as soon
as possible.
3.7. In addition to the obligations of notification of the Bank, in the
case of card theft, the holder / user is required to notify the
prosecution bodies no later than 24 hours from the event. If the
holder or user does not comply with the obligations stipulated in this
article, it shall be deemed to have acted with gross negligence and
failure and fully bears the financial losses.
3.8. In case the card is lost or stolen, the holder / user has the
possibility to request the restoring of the card by phone (the user
only for own cards and the holder for own cards and the cards of
Users), and will fill in and sign specific forms when receiving the
new card.
3.9. The Bank will proceed to blocking the card of the holder / user,
immediately after the disappearance of the card or the notification
by phone of the card loss or after receiving the approval on the card
loss or theft, if the holder or user has not announced beforehand the
Bank by telephone.
3.10. The locking of the Card becomes effective after the Bank has
taken adequate measures to lock it and the holder / user who
announced by phone the case was confirmed that the card was
actually locked as requested by the Holder / User.
3.11. The request to replace the lost / stolen card involves the
undertaking by the holder / user for of a fee in accordance with the
Fees guidelines in Lei and foreign currency for individuals,
available in all units of the Bank.
3.12. If the holder or user recovers the card lost or stolen after the
telephone notification of the Bank, the same is required to return it
immediately to any unit of the Bank.
4. Usage of the Card
4.1. The card can be used only by the holder / user on whose behalf
it was issued.
4.2. The card can be used by the holder / user from the receipt of the
card until the last calendar day of the month on the card.
4.3. Transactions that can be made by holders / users of cards:
a) payment for products and / or services provided by acceptable
traders or service providers, including freelance professions that
have posted the card organization related to the type of card issued
by the Bank (except for the Cirrus Sprint card that cannot be used to
pay utility bills / services to merchants);
b) payment to the public authorities who have the Card logos
displayed (except for the Cirrus Sprint card);
c) obtaining cash from the Bank desks (own or f other acceptor
individuals), upon the presentation of an identity document (if
required) (except for the Cirrus Sprint card);
d) obtaining cash from ATMs that accept the Card logos displayed;
e) utility payments at the Bank’s ATMs;
f) access to additional optional services offered by the Bank, under
the signature of special requests (except for the Cirrus Sprint card);
g) transfer of funds between own Accounts or belonging to third-
parties (except for the Cirrus Sprint card);
h) obtaining information on the current Account balance or the
revolving Account balance at ATMs, PIN based, or by telephone –
based on password;
4.4. For some cards the Bank may attach additional free service
packages and insurance and assistance services, which will be
brought to the attention of the Holder / User in accordance with
these General Banking Conditions.
4.5. Regardless of the currency of the Account to which the card is
attached, it can be used both within the national and international
territory:
a) subject to the compliance with the provisions of the Regulation
Currency issued by the National Bank of Romania;
16
b) Within the limits of the Current Account, including the overdrafts
granted by the Bank (if applicable) or the revolving Account.
4.6. Embossed cards can be used in any type of terminal, the rest of
the cards are usable only at electronic terminals.
4.7. The Bank may establish limits for transactions made with the
card, usage limits that are communicated to the Holder / User in the
letter accompanying the card.
4.8. The holder may request the Bank (using the specific forms) to
change the usage limits both for the card issued in its name and for
those issued on the name of the users. This request will be reviewed
by the Bank and the decision will be communicated to the Holder /
User.
4.9. For security reasons, to prevent the fraudulent use of the Card,
the Bank can trace the card transactions made by the holder / user.
4.10. Depending on the type of card, the Bank may require the
submission of a deposit collateral.
4.11. The Holder (and legal guardian in the case of Cirrus Sprint
cards) is responsible before the Bank for all payment obligations
resulting from the use of the card by either User.
4.12. The Bank will automatically debit the current Account
attached to the debit card / revolving Account with credit card
attached with the amounts representing the amount of transactions
carried out:
- With cards by the holder / user;
- With cards, fraudulently, by holders / users;
- With cards, fraudulently, in case of loss or theft of the card up to
the notification / announcement of the Bank by the Holder / User.
5. Authorization and performance of payment operations
5.1. A payment operation performed with the card by the Holder /
User must be necessarily approved by the latter. A transaction is
considered authorized by expressing the consent, as follows:
- By signature by the holder / user of the receipt and / or entering
the PIN at the payment terminals or switch the card through a POS
payment terminal that reads the data on the chip.
- In case of operations by means of remote communication (e.g.
internet) through communicating: the card number, expiration date,
CVV2/CVC2 or eCommerce password.
5.2. Entering an incorrect PIN 3 times in a row causes the blocking
of the card. To unlock, the holder / user will have to contact the
Bank (in any branch of the Bank, at the number written on the card
or to the service VOCALIS of the Bank).
5.3. The approval of the operation with the Card determines the
immediate blocking by the Bank of the amount relating to its
disbursement and to avoid using the same amount to perform other
operations. Exceptions are the operations for which the acceptor
does not require authorization from the Bank and these operations
will be debited to the Account upon receiving the report of
settlement.
5.4. The date of an operation made with the card is the date on
which the operation is registered in the terminals.
5.5. The debiting from the Current Account / revolving Account
attached to the card of the amount of operations made with the card
is made on the receipt of the report of settlement for these
operations.
5.6. In case the holder / user is going to perform an operation
involving foreign exchange, it can consult / calculate the exchange
rate at the date of the operation, based on the course displayed on
the Bank's website www.brd.ro and / or the sites of international
card organizations.
5.7. The exchange rate prevailing on the date of authorization of the
transaction may differ from the exchange rate at the transaction
date.
5.8. For international transactions (or national in currency other than
that of the Account) involving foreign exchange, the card
organization carries out the exchange rate between the original
transaction currency and the settlement currency at the exchange
rate set by the same on the submission of the settlement transaction.
The debiting from the current Account / revolving Account attached
to the card of the amount of the operation made with the card is
carried out through the exchange rate between the transaction
amount in the settlement currency and its equivalent in the current
Account currency, using the exchange rate of the Bank.
5.9. The method of calculating the exchange rate for international
operations (or national in a currency other than the Account) and the
exchange rate applied by the Bank for card transactions is available
on www.brd.ro.
5.10. The liabilities of the Account holder on the card transactions
made by any of the users automatically become liabilities in favour
of the Bank and shall be reimbursed under the terms of the Contract.
The Bank will notify the cardholder on the outstanding payment
obligations.
6. Refusal to pay
6.1. If the holder or user finds that in its Account an unauthorized
payment transactions or incorrectly executed one was registered, it
has the right to initiate the refusal to pay, in writing, by filling in the
specific form provided by the Bank without undue delay in less than
60 calendar days from the date of debiting the Account.
6.2. The Bank will resolve the refusals to pay under the rules of the
card organizations and the legal regulations on the usage of cards.
6.3. The Bank shall notify the Holder / User the response on the
latter’s appeal within up to 120 calendar days after the receipt of the
written notice.
6.4. The holder / user has the responsibility to communicate to the
Bank all information and submit all necessary documents to justify
the appeal, otherwise the Bank is unable to resolve the request.
6.5. In case of theft of the card and / or if the Bank calls for the
initiation of the investigation by the police, the refusal to pay will be
accompanied by a statement from the holder / user, with the action
taken by it.
6.6. If the complaint filed by the Holder / User is unreasonable /
unjustified, the unjustified refusal to pay fee will be charged
according to the List of Fees and Commissions.
7. Locking the Card
7.1. The Card lock is the operation performed by the Bank by which
it stops the usage of a Card, under the conditions specified below
without closing the Current Account / Revolving Account of the
holder.
7.2. The Bank has the right to block the card:
a) where there were no operations registered in the current Account
attached for 6 months, and its balance is les than EUR 15, the Bank
will notify the Holder / User in writing not less than 60 days prior to
blocking;
b) where the new or renewed card has not been taken within 90 days
from the BRD unit, without prior notice
c) for reasons of security of payment instruments;
d) for reasons of suspicion of unauthorized or fraudulent use of the
Card;
e) in the case of a payment instrument with a credit line, a
significantly increased risk that the holder is unable to meet its
payment obligation.
7.3. In the cases referred to Art. 7.2, letters c), d) and e) the Bank
informs the card holder (by any available means: telephone, fax,
email, letter, etc.) in connection with its locking and the reasons for
the locking, if possible, before the locking and at the latest
immediately after locking the card, unless the provision of such
information would compromise the justified safety reasons
objectively or it is prohibited by other relevant legal provisions.
7.4. The Bank unlocks or replaces the card (applying a fee under the
Fees Guidelines in Lei and foreign currency for individuals) with a
new card once the reasons for blocking no longer exist.
7.5. Blocking the Holder Card can produce effects on the users’
cards.
17
7.6. If necessary, the Bank is entitled to take the following
measures, and will notify the holder / user, as soon as possible:
a) to refuse the authorization of card transactions;
b) to cancel or block the usages of the Card;
c) to replace the card, for security reasons;
d) to refuse to issue a new card or replace the card without the
holder / user, Cirrus Sprint being relieved of any liability for
transactions made with the card by holders / users.
8. Liability
8.1. In the case of operations with cards, the liability of the parties
operates according to the following principles:
8.1.1. The holder / user (and legal guardian in the case of Cirrus
Sprint cards) is fully responsible for all operations, until the
notification / announcement of Bank on the loss, theft or other
unauthorized use of the Card and / or the security elements and will
incur any financial loss up to the full extent under the regulations in
force.
8.1.2. The liability of the Holder / User is full if it acted negligently,
in bad faith or wilful of fraud.
8.2. The Bank is not responsible for the damage of any nature that
may arise from the unauthorized use of a card (lost / stolen / used
without any right) or if the holder or user has acted fraudulently or
failed to comply with the contractual obligations on the safekeeping
the personalized security elements, intentionally, with negligence or
gross negligence.
8.3. The Bank cannot be held responsible as a result of a third
party's refusal to accept the payment by credit card or as a result of
a declined request for authorization of an operation with the card for
any reason.
9. Final provisions on card transactions
9.1. The holder / user (and legal guardian in the case of Cirrus
Sprint cards) agrees that the Bank may use third-party
subcontractors, processors authorized by law to act as
intermediaries in the relation with the holder / user in the card
payment system for the production and distribution of cards, the
Bank statements and for checking the authenticity of the card and of
the holder / user of the card.
9.2. The contract on the Card is valid from the date on which the
holder / user receives the card from the Bank and up to the
expiration date of the Card held and its return to the Bank.
9.3. The Bank will notify the Holder / User on the card and expiry
date, and, if any, on the automatic extension of the Contract.
9.4. Upon the card expiration date, the contract is automatically
extended, as provided for in the contract, and the Bank is to hand
over to the Holder / User a new card after verifying that the
conditions set by the Bank for issuing the card are met and if the
holder / user does not notify the Bank of the termination of the
Contract, in the manner agreed upon by the Contract.
9.5. The holder / user must notify the Bank on the waiver to the
Card 60 calendar days prior to the expiration thereof.
9.6. The termination becomes effective only after returning the Card
to the Bank.
9.7. The Bank is entitled to block the current Account balance (with
card attached) for a period of 30 calendar days from the date of
termination, for the purpose of settling all transactions made prior to
termination and that can be transmitted in this period by the
acceptors. The contract will remain in force and shall produce
effects until the settlement of all transactions made with the card.
9.8. Cards are automatically renewed upon the expiry only in the
case of simultaneous fulfilment of the following conditions:
a) The card is not locked after the enforcement of the contract or as
a result of the failure to comply with the contractual conditions
imposed by the Bank;
b) The Current Account or Revolving Account is blocked as a result
of the Accounts tracking procedure;
c) The Current Account or Revolving Account does not record
unauthorized Account overdraft;
d) The holder / user should not be included in the risk database of
the Bank (negative);
e) The holder or user has not notified the Bank about the unilateral
termination of the Contract, in the manner provided in the Contract;
f) The existence of transactions in the last 6 /12 months (depending
on the card type) on the Current Account / Revolving Account or the
existence of a minimum available balance in the Account. value set
by the Bank;
g) The holder keeps the quality of daytime classes student at an
university accredited by the Ministry of Education and Research (for
BRD- ISIC cards) or of pupil / student (for the 10 Card);
h) Meeting the conditions imposed to the Holders in terms of age (in
the case of the CIRRUS SPRINT and the Credit Card)
9.9. If the Bank identifies lending operations in the Customer's
Account that cannot be justified by the Operations performed by the
card in question, the same can block these amounts over a maximum
period of 30 days to investigate the nature of the transaction (s).
9.10. The termination of the Contract on the Card becomes effective
only after the return of the Card by the Holder / User.
9.11. The contract regarding the cards is terminated if the holder
does not take the newly issued or renewed card within the period
prescribed by the Bank.
9.12. The use of cards in illegal purposes is prohibited, including the
purchase of products or services prohibited by law.
9.13. The contract regarding the card is enforceable in accordance
with the Banking laws in force.
C. SAVINGS DERIVED FROM USING THE CARDS AT THE
POS
1. Notion By the savings service derived from using the card at POS
(hereinafter the Service), the Customer or User of a debit card
attached to a current Account can automatically transfer money
from the current Account to a savings Account in any payment with
the card.
2. Operating conditions of the service
2.1 All debit cards for individuals from the BRD offer are accepted
in this Service.
2.2 The Current Account Currency may be different from the
Currency of the Savings Account.
2.3 The service becomes active from the date of signing the
Accession / modification / termination Form.
2.4 The Service Changes take effect from the day of signing the
Accession / modification / termination Form.
2.5 The termination of the Service can be done at any time by the
holder / user and takes effect from the day of signing the Accession /
modification / termination Form.
2.6 The transfers from the Current Account - Practicont / savings
Account for POS payments will be made at the end of the day.
If there is no available cash in the Account, the amount determined
by the holder / user cannot be transferred fully or the Current
Account - Practicont / Savings Account has been closed, the transfer
will not work.
2.7 In the absence of available cash, the Service is NOT terminated
and the transfers that were not made will not be made retroactively.
2.8 In the case of transfers between Accounts with different
currencies, the exchange rate used for transfers will be the BRD
exchange rate for Account Transactions (applied to samples of
alternative accounts, transactions by BRDNET, card payments, etc.)
existing in the system when the transfer was made and highlighted
on the bank statement. This rate is visible on the BRD website,
Exchange Rate section under the name of rate for “card
transactions.”
2.9 The order of sampling from the current Account: the amounts to
be transferred to the current Account - Practicont / Savings
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Account will be taken last, after the credit instalments, the filing
cabinet, and other debts.
2.10 If the POS transaction is cancelled on the day of payment to
the merchant, the transfer to the savings Account will not be made,
given that transfers to savings Account are made at the end of the
day.
2.11 In the case of refusals to pay made to merchants in the days
following the payments, the amount saved will not be challenged /
recovered. Thus, in the case of transaction subsequently refused by
the Customer / trader, only the actual value of the transaction made
at the POS will return in the current Account, and the amount of
saving is not affected.
VII. COFORT INSURANCE
The risk covered by this insurance is represented by the fraudulent
transactions made with the card lost or stolen. In addition, the
insurance covers the costs of recovery of personal documents and /
or the keys lost or stolen with the card. This service is subject to the
specific conditions of the Notice to the Customer.
VIII. GRANTING LOANS / ACCOUNT OVERDRAFTS.
WARRANTIES
1. The Bank may grant short, medium and long term loans to the
Customer under the terms of the Bank's internal rules.
2. Loans may be consumer and real estate / mortgage loans.
3. In this regard, the Bank opens to the Customer credit Accounts
separate for each category of loan, based on the terms and
conditions of the contracts.
4. The loans / overdrafts on the current account / credit line attached
to the credit card are made based on an analysis of the
creditworthiness of the Customer.
5. The Customer undertakes to use the loans granted by the Bank
only for the purposes established in the loan agreements concluded
with it.
6. Loans are guaranteed in accordance with the Bank’s regulations.
7. The repayment of loans is made under the loan agreements and
repayment schedules or in accordance with the conditions specific
to the overdraft / credit line attached to the credit card.
8. For loans not repaid upon the maturities set, the Bank is entitled
to charge interest from the Customer and proceed to the
enforcement of the security under the terms of the loan agreement.
9. The Bank may require the prepayment of the overdraft / loan /
line of credit.
10. The Bank may issue letters of credit / indemnities upon the
request of the Customer, based on an analysis and the compliance
with the Bank's internal regulations.
11. In all cases described above, the Customer is subject to the
provisions of this Contract, supplemented with those of specific
contracts.
IX. REMOTE BANKING
A. GENERAL PRINCIPLES
The Customer can join the various services of the Bank and can
perform certain operations via the remote services offered by the
Bank, subject to the applicable law and the internal procedures and
regulations of the Bank. The Customer understands that any
communication / procedure for the achievement of which the same
uses unsecured remote communication techniques, should be made
on its own responsibility, because the Bank does not bear any
responsibility in case of possible fraud.
1. Interpretation of the terms specific to remote Bank services
a. The Subscriber: the Customer who joined one Bank remote
service. The Proxy on the Account can join some of the services, as
specified by the Bank and subject to all applicable provisions of this
contract, with the limitations specified, in the same manner as the
Account holder.
b. Support Account: Current Account specified by the Subscriber
of which the Bank draws the monthly usage fee. The typology of the
Bank Accounts that can be defined as Support Account is
determined by the Bank and notified to the Subscriber at the time of
joining the service.
c. Transaction functions: operations allowed to subscribers via
remote Bank services such as transfers, payments. The maximum
amounts allowed for Transaction functions will be notified to
subscribers prior to the conclusion of the contract on this service.
d. Security Codes: confidential security means, of the Subscriber,
which the same identifies him/herself and accesses the remote
Banking service. For each service, these codes may have different
names and characteristics (e.g., User ID, Password, Banking PIN,
Pass code, etc.).
2. Accounts that may be subject to remote Banking service
a. The accounts covered by remote Banking services must:
- Be valid;
- Not be subject to a bank prohibition (shown in the Payment
Incident Bureau);
- Not to be subject to a prohibition order;
- Not to be blocked.
b. The accounts with which the Subscriber joined the remote
Banking services may be subject to the Transaction functions, if
during the period of the contract:
- Their banking features allow it;
- The bank denied access to the transaction functions;
- The subscriber has not notified the suspension of the access to the
Transaction Functions.
3. Rights and obligations specific to remote Banking services
3.1. Bank's rights:
a. to accept upon the Customer's request to join the remote Bank
services only if the conditions of joining the services notified to
subscribers are met before the conclusion of the specific contract.
b. to restrict the access to any or all Transaction functions where the
accounts with which the subscriber joined the remote Banking
service no longer meet the conditions of art. 2.
c. to limit and modify the value of transactions ordered by the
Subscriber, per transaction and per day. Transaction values are
communicated to the Subscriber via the remote banking service used
and may take note of it before each operation.
d. to supplement the list of Transaction Functions without the need
to sign an addendum. If the Subscriber considers that the new
Transaction Functions contradict its interests, the same may require
the termination of the specific contract.
e. not to intervene in the disputes arising between the Subscriber and
the telephone operator/ internet provider.
f. the Bank is exempted from liability for any direct or indirect
damage suffered by the Subscriber and will not pay any damage to it
or to any third party for the following:
- The infiltration of a third party in the computer system of the
telephone operator / internet provider by using fraudulent means or
any other method that may cause them, without restrictions,
information damage and destruction of data, programs or
information disclosure. The telephone operator / Internet provider
undertakes the sole responsibility for the protection of their system
against such infiltration and is responsible for the protection and
security of their own computer system.
- Claims or damage caused solely by the error or negligence of the
telephone operator / internet provider or its subcontractors.
- The sending of information in the telephone operator / internet
provider network or for any incidents occurring during the sending
of information, when using the services by the Subscriber.
19
- Loss of data, distortions or delays in data transmission caused by
events beyond the control of the Bank.
- Misuse of Bank instructions, incorrect information entered by the
Subscriber, required upon the transactions and / or malfunction of
its equipment.
- Any failure of the services.
- Consequences of remote banking service disruption, if the
Subscriber does not address the Bank for the operations through
other services provided by the Bank.
3.2. Bank’s Obligations:
A. To implement the means of receipt and / or issue computerized
data.
B. To be responsible for losses incurred by the Subscriber in the
conduct of operations, after receiving the notification of the
Subscriber on the fact that third parties know its security codes.
C. To be responsible for losses incurred by the Subscriber if the
operations conducted are in violation of the latter’s order.
D. To provide the Subscriber a detailed list of operations in the
current Accounts / revolving Account through the specific service.
E. To take immediate steps to assess, prevent and minimize the
risks that may occur as a result of fraudulent use of security codes,
if the Subscriber notifies the Bank regarding an event of those
specified in the chapter “Subscriber’s Obligations”, let. d.
F. To notify the Subscriber on any change of the remote Bank
services contract and any additional data needed to use the service
by publication thereof on the institutional site or, where appropriate,
through www.brd-net.ro, and by displaying at the Bank.
3.3. Subscriber’s Rights:
A. To request the list of operations made on current Accounts /
revolving Account through the remote Banking service.
B. To address the Bank for performing the operations through other
services provided by the Bank in the event of termination of the
remote services from any cause.
C. To change the support account.
3.4. Subscriber’s Obligations:
A. To keep and use safely its security codes and identification data,
being solely responsible for the consequences of their disclosure or
use by third parties.
B. Not to state the security codes that can be easily known by third
parties.
C. To inform the Bank as soon as possible and in any way about
any disclosure / use of the security codes to unauthorized third
parties. All operations must be authorized by the Subscriber based
on the security codes to be considered by it. Entering the Security
Code belonging Subscriber is its irrevocable consent to process the
transactions sent and their consequences cannot be attributed to the
Bank.
D. To notify the Bank as soon as the same finds of any of the
following:
- Registration in the account or of transactions that were not ordered
by the Subscriber;
- There are elements that create doubts about the possibility of
knowledge by others of the security codes.
e. To specify a support account from which it will taken
commissions and costs for operations.
F. To define a new Account holder, in case of erasing the support
account from the list of Bank Accounts accessible via specific
remote services. If the Subscriber does not have any Account he/she
might choose as the support Account, the contract will be
terminated without any prior notice.
G. To consult periodically the additional data needed to use the
service via the institutional site, the www.brd-net.ro site or from the
display at the Bank.
4. Pricing of the remote bank services
A. The Bank charges a monthly fee to use the service contracted and
the bank fees and costs incurred through the operations made by the
use of that service. They are published in the Fees Guidelines in lei
and foreign currency for individuals.
B. The subscriber has the obligation to pay the fees and costs under
letter A, in force at the time of the operation.
C. The subscriber shall bear the cost of telephone communication /
internet service which will be billed directly by the telephone
operator or the internet provider thereof.
5. Modification of the contract on the bank remote services
a The subscriber may make additions to the list of Accounts and
Transaction Functions to which the same adhered in the specific
remote banking service (list of consultant accounts, list of Accounts
for receiving payments).
b. The subscriber may suppress the Transaction Functions /
Accounts from the list of those with which he/she joined the remote
bank services, provided to keep at least one user Account. Excluding
an Account from the list of User Accounts will not have any effect
on the existence of the Account in question.
c. The changes referred to in subparagraphs a and b can be achieved
by the presentation of the Subscriber to the Bank and filling in the
specific forms and by any other means provided by the Bank and
notified to the Subscriber. In the case of BRD- NET service, if the
Subscriber wants to make changes by the Bank unit, the same is
required to report to the unit where the contract was signed.
6. Duration of the contract, suspension, termination
a The contract for remote banking services is concluded for an
indefinite period.
b. The Bank reserves the right to suspend the access to the remote
Bank services and transaction functions in the event of failure to
meet by the Subscriber of the specific provisions of the Accounts
and if the subscriber does not ensure the availability of an amount
sufficient to cover the monthly fee for the service, if appropriate, in
the Account and under the terms set when signing the contract.
c. The Bank may terminate the contract for remote Banking services
with a 60 days notice sent by registered letter with acknowledgment
of receipt, stating the reason for termination.
d. The Subscriber may at any time request the termination of the
contract by sending a simple letter to the Bank, with a notice of
calendar 30 days or by presenting to any of the Bank's units and
filling in an application form for the waiver of service. The
subscriber may cancel the contract within 14 calendar days of its
conclusion without penalty payments.
e. The Bank will terminate the contract without prior notice if the
support account of the contracts is deleted from the list of Accounts
accessible through remote Banking services and the absence of
another Account that could be chosen as the support Account, if
applicable.
f. The bank reserves the right to suspend / terminate the services
immediately, in case of occurrence of risks relating to the security
system of the Bank or the failure to comply with the contract on
remote banking services by the Subscriber.
g. The subscriber may, if necessary, request the Bank to suspend /
terminate the remote bank services.
7. Other Provisions
A. The provisions of this Chapter VII “Remote Bank Services” are
supplemented with the chapter “General Issues on the Accounts”,
including the Proxies on the Account.
B. The undoubted evidence for the Bank of receiving the
instructions from the subscriber, the justifying of their appropriate
operations and the levying of appropriate charges are represented by
the registration of the systems used to receive instructions from
subscribers and their reproductions on computer or on paper support
(printed bank statements). The term for keeping these instructions
20
on the Bank’s servers is 10 years from the end of the year in which
they were made as required by the law.
C. General information, economic and financial information
supplied by the remote bank services have an informative character.
D. Both the content of the www.brd-net.ro site (information, photos,
etc.) and of the software serving the remote bank services are the
exclusive property of the Bank. Outside the Contract between the
Bank and the Subscriber on how to access and operate the remote
Bank services, no activity to exploit them (such as reproduction,
adaptation, representation, etc.) is allowed without the prior consent
of the Bank and will be sanctioned according to the law in force.
B. VOCALIS SERVICE
The VOCALIS Service is a “Remote Bank Service” by means of
the “Telephone”' distribution channel and can be reached by phone
at: 021 302 61 61 (normal rate number in the Romtelecom network)
0800 803 803 (TelVerde telephone number free in the Romtelecom
network) or the *BANK (*22622) (billed as network call from any
Orange or Vodafone number).
1. Transaction Functions
1.1. For the Bank Customers and non-Customers:
a. The possibility to find out information about the Bank's products
and services;
b. Pre-approval of loans;
c. issuing online cards (by filling out online forms or telephone
pickup of the request);
d. Setting meetings with Customer Service operators of the BRD
unit;
e. Learning information about the amounts arrived via Western
Union and guiding the Customers to the nearest Bank for lifting.
1.2. For the Bank Customers:
a. The possibility of consulting personalized information on the
products held;
b. Modifying the original contractual terms for BRD-NET, MyBRD
Mobile, SMS Banking and Vocalis BRD;
c. Joining the following services: BRD SMS Banking, BRD-NET,
MyBRD Mobile, Simplis Debit, Simplis Facturi, Products and
Services Packages and Vocalis;
d. Reset the BRD SMS Banking PIN code;
e. Locking the card in case of loss / theft or unlock it;
f. Setting and modifying the contractual conditions for the
Scheduled Payments service for the current Accounts opened at
BRD;
1.3. For Subscribers to the service, the access to the following
operations, based on filling in the standard forms:
a. Intra-bank transfers between the Current Accounts or between the
current account and the revolving Account belonging to the
Subscriber as the holder or proxy, and to the Accounts of other
holders;
b. Interbank transfers
c. Exchanges between Accounts belonging to the Subscriber as the
holder;
d. Payment of bills, from a current account in Lei that belongs to the
subscriber, as the holder.
e. Establishment and liquidation upon maturity of deposits in the
name of the Subscriber, by transfer from or to a Current Account
for which it acts as the holder.
f. Transmission of excerpts by e- mail;
g. Amending the correspondence data.
1.4 For Customers aged between 14 and 18 years, holders of Sprint
package, through the Vocalis Service, they can consult the balances
of the account with the Cirrus Sprint card attached and of the
ATUSPRINT Savings Account.
1.5. Transactions initiated by this service are irrevocable, so they
cannot be cancelled.
2. Accounts used to perform operations through Vocalis
The Subscriber’s Accounts from / to which operations can be
performed to all current / revolving Accounts opened by the
Subscriber at the Bank as holder or as proxy.
The proxy may request the performance of the operations specified
in item 3, only if it has added, as holder, the VOCALIS service with
transaction option on the Accounts. The joining to the Vocalis
Service of the Accounts on which it has the quality of proxy is made
only with the consent of the Account holder, at the BRD unit.
3. Access to the service and security terms
3.1. The Vocalis Service is available to the Subscriber on next
business day after the signing the Bank standard forms. In the event
of termination, it produces effects on the second business day as of
the request.
3.2. If the subscriber wants to perform an operation in a current
Account:
A. he/she will choose the appropriate option from the phone keypad,
in accordance with the instructions of the answering machine;
B. he/she will identify him/herself with the Vocalis Customer code
and the confidential pass code (entered from the keypad) for finding
out information on the balance of the account from which the
transfer will be made;
C. The subscriber will follow the steps of the answering machine for
a transfer by telephone;
D. The answering machine will announce the Subscriber the
recording of the call and the fact that the transfer is subject to this
contract. Expressly and in all cases, the Subscriber acknowledges
the probative value of recorded calls by which it has performed an
operation and accepts the use of these records as evidence in the
court.
E. The call will be directed to an operator who will take from the
Subscriber all the necessary data required for the transfer requested;
F. The identification of the subscriber: the subscriber is required to
answer the questions of the operator before completing the transfer
of money;
G. immediately after identification, the operator operates the
requested transfer and informs the subscriber by telephone about its
performance.
4. Tasks specific to the Vocalis service
4.1. For the Bank
a. To record the telephone conversation between the Subscriber and
the Bank in order to ensure the best possible quality of service and
operations carried out.
B. To keep track of the operations performed by users via this
service for a period of time not exceeding four months from the date
they are made.
4.2. For the Subscriber
a. To communicate to the Bank, in case of transfer request, at least
the following information:
- The number of the account to be charged;
- The number of the account to be credited;
- The full name of the transferee;
- The payment amount.
b. To communicate the Bank, in case of request for paying an
invoice, the following information:
- The number of the account to be charged;
- The name of the invoicing entity;
- The payment amount.
C. BRD SMS Banking Service
BRD SMS Banking is a “Remote Bank Service” accessible to the
dedicated short number 1701 via mobile and covering the access /
receipt of information on the Bank Accounts opened with the Bank
or banking background information.
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1. Information that can be accessed / received through SMS
Banking BRD:
A. Information about the Bank Accounts, different depending on
Account type:
- For current and savings Accounts: date (day, hour and minute) of
sending the balance, label and Account currency, and the balance
available at the time of sending the information, the approved credit
limit
- For Accounts with Point Card attached: date (day, hour and
minute) of sending the balance, label and Account currency, and the
balance available at the time of sending the, the due date of the loan,
the interest rate
- For credit Accounts: the date (day, hour and minute) of sending
the balance, label and Account currency, the account balance (loan
balance + outstanding balance), the due date of the loan, the interest
rate
- On deposit Accounts: the date (day, hour and minute) of sending
the balance, label and Account currency, the account balance, the
due date of the loan, the interest rate
B. Information about the last 5 transactions (mini-statement) of a
current Account, savings Account or Account with Point card
attached:
- Debit transactions
- Credit transactions
- Debit and credit transactions
C. Alerts preset on amending the current Account balance, the
savings or Point card attached accounts:
- Increase / decrease of the Account balance above / below a preset
threshold
- Debit / credit the account with an amount above a preset threshold
D. Add / Delete / List the phone alerts
E. Information about the Bank's exchange rate and the exchange
rate of the current date or any prior date for the following
currencies: USD, EUR, GBP, CHF and JPY. The earlier date cannot
be older than one year from the date of requesting the information.
F. General information about products and services offered by the
Bank.
G. Any other features that will be launched by the Bank, after
signing the contract.
2. Technical means necessary for using SMS Banking BRD
Using SMS Banking BRD involves owning a mobile phone
connected via subscription or prepaid card in the network of the
mobile operators Orange, Vodafone or COSMOTE, licensed for
GSM operating on the Romanian territory or in one of the countries
with which the operator has roaming agreements (if the subscriber
has activated the service that allows using the phone abroad).
In this contract, these operators will be hereinafter called Telephone
Operators.
3. Accounts used to perform operations by BRD SMS Banking
a. The Subscriber’s Accounts to which BRD SMS Banking refers
are exclusively the Accounts opened with the Bank's units. The list
of user Accounts and functionalities offered through BRD SMS
Banking will be communicated to the Subscriber prior to the
conclusion of the contract. The type of accounts accessible by BRD
SMS Banking can be modified over time by the Bank, with the
Customer’s notification. The subscriber can subscribe to BRD SMS
Banking with new Accounts by changing the membership
application at any of the Bank's units or through the Service
VOCALIS
B. For the accounts with which the Subscriber joins BRD SMS
Banking, it must have the quality of Holder or Proxy, only if the
holder of the accounts is a Customer - Individual.
4. Access to BRD SMS Banking and safety terms
A. In order to join the BRD SMS Banking, the Subscriber must
indicate at least one current Account, one savings or Point Card
attached account, active and able to be used through BRD SMS
Banking and used as a support Account
B. Request / receipt of information via BRD SMS Banking:
- On request: by SMS command sent to the dedicated short number
1701
- Regular: with periodicity predetermined by the Subscriber (daily,
weekly, monthly) for information regarding the balance of current
Accounts, savings accounts and point card attached accounts, loans,
deposit accounts and for information on the exchange rate.
- By generation of preset alerts
C. The BRD SMS Banking Service offers the subscriber the
opportunity to be informed at any time, 24/7 on the situation of the
accounts with which the same has joined.
D. The Access to BRD SMS Banking is possible only with the use
of a security code (PIN) provided by the Bank at the time of service
activation. This is a randomly generated code and in order to use the
service the Subscriber must change it. The PIN code can be written
both with small letters and capital letters. The Subscriber is required
to keep the security code as confidential. As a security measure, the
relation with BRD SMS Banking is interrupted by the introduction
of three incorrect PINs.
The PIN reset can be done at the request of the Subscriber through
arrangements made by the Bank and notified to the Subscriber.
5. Tasks specific to the BRD SMS Banking service
5.1. For the Bank
a. To implement the means to receive and / or issue computerized
data.
b. On the content of messages as long as they are in the computer
system of the Bank.
c. The Bank is not responsible for:
- The failure of the phone due to unpaid bills or breach any other
obligation the Subscriber has before the mobile operator.
- The non-receipt of a message by the Subscriber due to the
malfunctioning of the cell phone / mobile network of the operator or
the fact that it is not in the range of the telecom operator.
- The loss of integrity of data transmitted correctly and completely
by the Bank, by the fault of telecommunications service providers
- The impossibility of sending / receiving on the subscriber's mobile
phone of messages as a result of mobile phone settings made by the
latter or restrictions enabled / required by the telephone operator.
- Incorrect information entered by the Subscriber from the keyboard
of the mobile phone.
5.2. For the Subscriber
A. To purchase on its own expenses, the mobile phone compatible
with the BRD SMS Banking Service and ensure the operation /
maintenance and connecting it to one of the telephone operators.
B. To keep the phone and SIM card safe. The Bank shall not be
responsible for operations carried out in the event of loss, theft or
loan.
C. To immediately call the telephone operator to lock the SIM card
in case of loss or theft of the phone or SIM card.
D. To inform the Bank immediately of the occurrence of any event
which might prevent the access to messages, especially in case of
loss or theft of the phone and SIM card, the change of the phone
number, the termination of the contract with the mobile operator. In
the absence of instructions to the contrary, the Bank will continue to
send messages on the phone number shown in the particular
conditions of the application to join the BRD SMS Banking
Services.
6. Monthly usage fee and fees related to operations
6.1. The usage of the BRD SMS Banking service requires the
Customer to pay the Bank the following categories of fees:
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a. monthly fee for usage: levied monthly on the 1st of the month,
from the support account for using the service in the previous
month.
B. The fee for the balance enquiry and the mini-statement for
current accounts, savings and Point Card attached accounts: levied
from the Account for which the information was requested, before
submitting it.
C. The fee for receiving messages type: Alerts, information on the
balance for deposit accounts and loan accounts, queries on the
exchange rate, general information - levied monthly on the 1st of the
month, from the support account, for messages received in the
previous month.
6.2. The monthly usage fee, as well as fees for operations and
received messages is completely in the charge of the Subscriber.
The amount of the monthly fee and usage fees for the operation of
the BRD SMS Banking Service are published in the List of Fees
and Commissions of the Bank and shall be made available to the
Subscriber via the Bank units and the subscriber states and signs
that these lists have been made available to him/her and that he/she
is aware of their content.
6.3 The Subscriber has the ability to change the support account of
the contract.
6.4 The Bank reserves the right to modify the fees associated with
using this distribution channel of banking products and services,
undertaking to notify in advance the Subscriber.
6.5 The operations performed on the accounts with which the
Subscriber joined the BRD SMS Banking Service and the related
Bank charges are reflected in the account statement of the
Subscriber.
6.7 At the request of the Subscriber, the Bank will provide a
detailed list of the operations performed.
6.8. The cost of SMS messages generated by the Subscriber is the
one charged by mobile operators and is directly levied by monthly
invoicing or direct debit from the credit of the telephone card (for
prepaid cards).
D. BRD-NET SERVICE
The BRD-NET Service is a “Remote Bank Service” which is
carried out through the Internet distribution channel.
1. Transaction Functions
a. consultation for information on the account balance;
b. consultation of details of the account operations;
c. performance of transfers between own accounts or for which the
Subscriber acts as proxy, regardless of the currency in which they
are opened;
d. performance of payments and transfers, intra and inter Bank, to
third party beneficiaries;
e. establishment of deposits with interest capitalization on behalf of
the Subscriber, by transfer from the current account;
f. consultation of information about the Bank's commercial offer,
the list of units of the Bank, commercial messages.
g. for Customers aged 14-18 years, holders of Sprint package, the
following BRD-NET functions are available:
- Consult the balances of the Sprint card account and the
ATUSPRINT savings Account attached;
- Transfer of funds from the card attached to the ATUSPRINT
Account.
2. Technical means necessary to use BRD-NET
BRD-NET access is made through the Internet (from the website
www.brd-net.ro) and requires:
- A personal computer connected to the Internet and equipped with
an operating system;
- Software that allows accessing the Internet compatible with the
security terms required by the Bank.
3. Accounts used by BRD-NET
a. The list of accounts used by BRD-NET will be notified to the
Subscriber before the conclusion of the contract on this service,
available on the www.brd-net.ro site.
b. The subscriber’s accounts with which the same joins the BRD-
NET are accounts exclusively opened with the Bank.
c. The subscriber can join the BRD-NET with accounts for which
he/she is holder or proxy. If the Subscriber joins BRD-NET with
accounts for which he/she is a proxy, the account holder must sign
this application for membership with the BRD-NET. The proxy will
not have access to the accounts indicated in the event of revocation
of the power of attorney, death of the holder thereof, or if no longer
meets the conditions of this contract.
d. The Subscriber may perform additions / deletions of accounts
from the accounts list in the BRD-NET service, by presenting to the
Bank or other means made available by the Bank and notified to the
Subscriber at the time of signing the contract and via the www.brd-
net.ro site.
4. Access to BRD-NET and security terms a. In order to join the BRD-NET Service, the Subscriber must at
least have an active user account through BRD-NET.
b. The access to BRD-NET is secured by a data encryption system
that involves the use of an operating system and compatible
software. The subscriber may obtain information about these
features by connecting to the site.
c. The BRD-NET access is only possible with the use of security
codes as follows:
- User Code (or “Login”) of eight digits, assigned by the Bank to the
Subscriber upon subscribing to BRD-NET. The user code cannot be
changed directly from the www.brd-net.ro website.
- Secret Code (or “Password”), a six digit number assigned by the
Bank to the Subscriber upon subscribing to BRD-NET. The
password will be sent by the Bank to the Subscriber at the e-mail
address given by the latter in the form of joining to BRD-NET. The
Subscriber may change their password at any time through
www.brd-net.ro site in accordance with the instructions given to it
by the Bank on the site. It is mandatory for the Subscriber to change
their password communicated to him/her by the Bank as of the first
connection to the www.brd-net.ro site.
d. All transfers issued by the Subscriber shall be signed based on the
password to be considered by the Bank. The BRD-NET checks will
be made on the basis of the security codes introduced by the
Subscriber. The Subscriber is responsible for all consequences
resulting from a transmission error or manipulation on his/her part.
e. As a security measure, the connection to BRD-NET is interrupted
after introducing three incorrect passwords for the same code. In
case of forgetting or losing the password for the user code, the
subscriber may request the Bank a new password by assigning the
means available to this end, means presented on the www.brd-net.ro
website and upon the conclusion of the contract.
5. Conditions specific to consulting the Accounts
A. The information about the accounts with which the subscriber
joined BRD-NET and the transactions conducted on these Accounts
can be accessed by the Subscriber on the www.brd-net.ro website.
B. The information on the Accounts and operations performed on
them, communicated to the Subscriber via BRD-NET, correspond to
the records made by the Bank at the time of providing the
information. This information may be subject to adjustments and
may be made available to the subscriber later, if found that the
operations already initiated and treated were not accounted for or
were accounted for incorrectly.
C. The update of the status of accounts is made in business days at
intervals determined by the Bank and notified to the Subscriber
upon signing the Contract for this service and via the www.brd-
net.ro website. As a result, the balances and transactions details
displayed in the website pages correspond to the information
existing at the last update.
D. The information on the subscriber’s accounts and operations are
available on the www.brd-net.ro website for a period determined
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by the Bank and will be announced to the Subscriber upon the
conclusion of the Contract and via the www.brd-net.ro website.
6. Conditions specific to the Transaction Functions
A. Transfers may be made only from the accounts opened with the
Bank and included in the list with which the Subscriber joined the
BRD-NET Service, in the currency of the account debited.
B. Transfers can be made to the accounts listed in the beneficiary
accounts with which the subscriber joined the service and that the
same defined upon contracting BRD-NET or after by means made
available by the Bank in this sense and presented on the www.brd-
net.ro website.
C. The rules for processing and performing the transfers will be
communicated to the Subscriber at the time of signing the contract,
the subscriber having the obligation to regularly inform on them.
The Bank does not process the operations that are not conducted in
accordance with these rules and will not be responsible for any
damage caused to the subscriber or third parties involved, as a result
of the failure to enforce transfers in such cases.
D. Transfers made by BRD-NET after a certain time, notified to the
Customer upon signing the Contract will be processed on the first
business day immediately following the date of transmission. The
hourly intervals for processing the BRD-NET transfers are
presented to the Subscriber on the www.brd-net.ro website.
E. Also, the transfers made by BRD-NET on non-business days will
be processed on the first business day immediately following the
date of transmission.
F. Transfers may be made to a maximum threshold per transaction
and per day. These limits are set by the Bank and may be changed
with prior notice to the Subscriber.
G. Before ordering a transfer, the Subscriber must ensure there is a
sufficient balance in the Account to be debited. In case of
insufficient balance in the Subscriber's Account, the Bank reserves
the right not to operate the transfer and is exempted from liability
for any damage caused to the subscriber or the third parties
involved.
7. TASKS SPECIFIC TO BRD-NET
a. It is the Subscriber 's responsibility to decide, by own means, the
buying of the computer / programs and to secure its connection to
the Internet network. The Bank is not a provider of Internet
connectivity, of hardware or software material, so it cannot be liable
before the Subscriber for this.
b. If the subscriber has joined the BRD-NET Service through
VOCALIS, he/she must sign the application for membership and to
enter into possession of a copy of this request within 90 days of the
date of joining. Up to the signing date of the Application for
Membership of the Subscriber, it will only have access to limited
Transaction Functions of the BRD- NET Service, namely the
consultation of Bank Account balances and statements of Account
and make transfers between the personal Accounts with which
he/she joined this service.
If the Subscriber does not sign the membership application by the
due date, the Bank reserves the right to suspend the access to the
BRD-NET Service for a period of 90 days following to proceed to
its reactivation only after the conditions set forth above are met. If,
during this time the Subscriber does not present to the Bank to sign
the application, the Bank reserves the right to terminate the BRD-
NET Contract.
8. Pricing of the BRD-NET Service
The levying of the monthly usage fee for the BRD-NET Service
begins from the next month as of the signing of the Contract for
BRD-NET. The amount of the monthly usage fee is charged in the
first five days of each month and covers the month in progress. If
the Subscriber does not ensure the availability of an amount
sufficient to cover the monthly fee, the access to BRD-NET will be
suspended. It will be reactivated when it will be possible to take
from the Account the monthly fee for the service. The Bank
reserves the right to terminate the contract if, within 90 days, the
service is not reactivated.
E. MYBRD MOBILE SERVICE
MyBRD Mobile Service is a “Remote Banking Service” accessible
from any mobile phone (Smartphone, tablet, web browser phone or
basic mobile phone) that provides both advisory and transactional
functionalities on the Accounts with which the Subscriber joined the
service.
1. Consulting functionalities:
a. Consulting information on the Account balance;
b. Consulting details on the accounts operations;
c. Consulting information on the reference exchange rates and
interest rates;
d. Consulting information on the Bank's commercial offer, including
commercial or promotional messages;
e. Consulting the list of agencies of the Bank and ATMs, using GPS
data provided by the compatible mobile terminals;
f. Consulting the loan offer by the loan simulator (information
instrument);
2. Transactional functionalities:
a. Performance of transfers between the accounts with which he/she
joined the service or for which the subscriber acts as proxy,
regardless of the currency in which they are opened;
b. Performance of payments and transfers, intra and inter Bank to
third parties beneficiaries;
c. Transfer of money to a phone number without the holder having
the quality of beneficiary;
d. Defining, in the application, by the subscriber of third party
beneficiaries;
e. Establishing deposits on behalf of the Subscriber, by transfer from
the current Account;
f. Liquidating deposits on or before the deadline.
g. Making payments to traders that the Bank shall provide in the
dedicated menu.
For Customers aged 14 to 18 years the following functions are
available for the MyBRD Mobile Service:
I. Consulting the balances of the card attached Sprint Account and
the ATUSPRINT savings account;
II. Transfer of funds from the card attached account to the
ATUSPRINT Account.
3. Technical means necessary to use MyBRD Mobile:
The MyBRD Mobile service access is done via a terminal device
(mobile phone, tablet), regardless of the telephone operator / Internet
provider or the type of the SIM card (subscription or prepaid).
There are three channels through which MyBRD Mobile is
available, depending on the technology used for each type of phone:
Channel 1 (Smartphone, tablet): dedicated application for smart
phones and tablets using one of the following operating systems:
• Android at least version 2.1. The dedicated application can be
downloaded from Google Play Store;
• iOS at least version 4.3. The dedicated application can be
downloaded from the Apple App Store;
• Windows Phone, at least versions 7.5. The dedicated application
can be downloaded from the Windows Phone Store.
Channel 2 (Mobile Web Browser): accessible from any phone that
has mobile browser by accessing www.mybrdmobile.ro.
Channel 3 (USSD): accessible from the classic phones through the
USSD session by calling the dedicated short number.
When using the service on the Smartphone, tablet or web browser it
is required that the phone is connected to the Internet, regardless of
the connection mode, either by the mobile operator network or by
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wireless networks. To access the service via the USSD session it is
not necessary to connect to the Internet network.
The functionalities available through each channel depend on the
technology used by each phone.
4. Accounts usable by MyBRD Mobile:
a. The list of accounts usable by MyBRD Mobile shall be notified
to the Subscriber in advance of concluding the contract on this
service, available on the Bank's website www.brd.ro;
b. To join the MyBRD Mobile Service, the Subscriber must indicate
at least one Revolving Account or Current Account opened with the
Bank.
c. The Subscriber will indicate when joining the MyBRD Mobile
service:
- The accounts with which he/she joins the MyBRD Mobile
Service;
- The support account from which the costs related to the MyBRD
Mobile Service will be withheld.
d. The accounts with which he/she joins the MyBRD Mobile
Service are accounts exclusively opened with the Bank;
e. The Subscriber can join the MyBRD Mobile Service with
accounts for which he/she has the capacity or quality of holder or
proxy. The proxy will not have access to the accounts specified in
case of revocation of the power of attorney, death of the holder or if
he/she no longer fulfils the conditions of this contract;
f. The Subscriber can perform additions / suppressions of Accounts
from the list of accounts within the MyBRD Mobile service by
presenting to the Bank or by contacting the Vocalis service;
g. The Subscriber has the possibility to modify the support account
of the Contract.
h. In case of deleting the support account from the list of accounts
accessible by the MyBRD Mobile Service, the Subscriber shall
define a new support account. Otherwise, the contract will be
terminated without any notice.
5. Access to MyBRD Mobile and security terms
a. To join the MyBRD Mobile Service, the Subscriber must at least
have an active account usable through MyBRD Mobile;
b. The access to MyBRD Mobile is only possible by using the
security codes provided by the Bank at the time of signing the
contract and modified by the Subscriber on the service activation;
c. Defining the security features for each channel:
Channel 1: Smartphone / tablet:
• ID or activation code, 8 alphanumeric characters notified to the
Subscriber by the Bank when joining the service / contract signing.
The code is only used when activating the application on a device.
After activation, this code will not be required from the Subscriber
to access the application.
• Unique Password: sent to the main phone number, indicated by
the Subscriber, with 8 alphanumeric characters. The unique
password is used with the activation ID only upon the first access to
the application. After activation, the unique password will not be
requested from the Subscriber to access the application.
• PIN: 6 digits pass code, defined by the Subscriber on the first
access of the application. The PIN will be used to sign (authorize)
every transaction by MyBRD Mobile. The subscriber has the
possibility to modify at any time the PIN via the PIN change
function in the application.
• Mobile Token: Software for authentication built into the
application. It uses an authentication process based on two factors to
ensure the security. The Subscriber enters the PIN code in the
Token to access the application and sign the transactions.
Channel 2: Mobile Web Browser
• User ID: it is alphanumeric, with 8 characters and is used to
activate the service. The code is communicated to the Subscriber
when he/she joins the service / upon the contract signing
• Unique Password: sent to the main phone number, indicated by
the Subscriber, with 8 alphanumeric characters. The unique
password is used with the activation ID only upon the first access to
the application. After activation, the unique password will not be
requested from the Subscriber to access the application
• Cookie: a small piece of data sent from a website and stored in the
user's browser while it navigates a particular website. When the user
browses the same site in the future, the data stored in the cookie is
sent back to the site of the browser to notify the user of the previous
activity. If the phone does not allow saving this cookie, each time
you access the application on the browser you will generate this
SMS. If the cookie is saved, this step will no longer be required after
activating from the Subscriber to access the application.
• Password: defined by the subscriber in the process of activation of
the applications. The password will be requested for accessing the
application and to sign the transactions. The password must be at
least 8 characters and must contain uppercase letters, lowercase
letters, numbers and special characters (@#$%^&*()_+|~-
=\`{}[]:";'<>/.!?)
Channel 3: USSD:
• User ID: it is alphanumeric, with 8 characters and is used to
activate the service. The code is communicated to the Subscriber
when he/she joins the service / upon the contract signing
• Telephone Number: it represents the main telephone number of the
subscriber. This is the number from which the USSD session will be
accessed.
• User ID: it is alphanumeric, with 8 characters and is used to
activate the service. The code is communicated to the Subscriber
when he/she joins the service / upon the contract signing
d. The Subscriber is fully responsible for maintaining and using the
personalized security elements and for the consequences of their
disclosure or use by third parties.
e. All transactions issued by the Subscriber shall be signed based on
the method specific to each channel to be transmitted to the Bank.
The Subscriber is responsible for all consequences resulting from a
transmission error or manipulation on his/her part.
f. The subscriber can join MyBRD Mobile through Vocalis, thus
having access to the application but with limited functionalities:
Consultation of balance, consultation of the statement of account,
payment of bills, establishment / liquidation of deposits, transfers
between the accounts with which he/she joined the service.
g. As a security measure, the elements of service activation
(activation code or unique password) are blocked after entering an
erroneously code five times. It is required to assign new elements
for activation in this case.
h As a security measure, the connection with MyBRD Mobile is
interrupted after the introduction of erroneous elements of security
elements (PIN, password or user code) three times. In case of
forgetting or losing the security elements, the Subscriber may
request the Bank the granting of new security elements, by the
means provided for this purpose.
6. Terms specific to consulting functionalities
a. The information related to the subscriber’s Accounts with which
the same joined the MyBRD Mobile and the transactions conducted
on these accounts can be accessed by the Subscriber by clicking the
dedicated application for smart phones / tablets, at the address
www.mybrdmobile.ro for Mobile Web and by dialling a dedicated
short number for the USSD channel;
b. The information on the accounts and operations performed on it,
communicated through the MyBRD Mobile Service to the
Subscriber, correspond to the accounting entries made by the Bank
at the time of providing the information. This information may be
subject to correction and may be made available to the subscribers
later, if found that operations already initiated and treated were not
accounted for or were accounted for incorrectly.
c. The update of the status of accounts is made in business days at
intervals determined by the Bank. Updating of the information is
dependent on the nature of each credit and debit transactions and
their processing.
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d. The general, economic and financial information provided by
MyBRD Mobile are informative.
7. Terms specific to transactional functionalities
a. Transfers can be made only from the accounts held at the Bank
and in the list with which the Subscriber joined the MyBRD Mobile
Service in the currency of the account debited.
b. Transfers can be made to the accounts in the list of beneficiary
accounts with which the Subscriber joined the service at the time of
signing the contract or to the beneficiaries defined by the Subscriber
in the application. The Subscriber is entirely responsible for the
accuracy of the data on beneficiaries entered manually in the
application.
c. The rules of processing and performing the transfers will be
communicated to the Subscriber at the time of signing the contract;
the Subscriber has the obligation to regularly inform on them. The
does not process operations which are not made under these Rules
and is exempt from liability for any damage caused to the
subscriber or third parties involved, due to non-execution of
transfers in these cases.
d. Inter bank transfers made by MyBRD Mobile after the deadline
communicated to the Customer upon the signing of the contract will
be processed on the first business day immediately following the
date of transmission.
e. Before ordering a transfer, the subscriber must ensure the
existence of a sufficient balance in the Account to be debited. In
case of insufficient balance (the amount transferred and the related
fee) in the Subscriber's Account, the Bank reserves the right not to
process the transfers and is exempt from liability for any damage
caused to the subscriber or third parties involved.
f. Transfers can be performed to a maximum per transaction and per
day. These limits are set by the Bank and may change with prior
notification of the Subscriber in accordance with this Contract.
g. The Bank is exempt from liability for any loss or any damage
caused to the Subscriber, the payee or any third party involved as a
result of the failure to perform the transfers, if transfers ordered by
the subscriber via MyBRD Mobile fail to comply with this
agreement and will not pay any damages to these parties or any
third party.
h. The Bank is not responsible for the content of payment orders
(e.g., operative details, beneficiary Bank, etc.), as it will takeover
and send the payment orders as they are filled in by the Subscriber.
The Bank has no right to change the payment orders signed and sent
by the Subscriber to the Bank or to cancel the transaction initiated at
the request of the Subscriber under this Agreement.
8. Tasks specific to the MyBRD Mobile Service
5.1: For the Bank:
a. To implement the means to receive and issue computerized data.
b. The Bank is not responsible for:
- The failure of the phone due to unpaid bills or breach any other
obligation the Subscriber has before the mobile operator.
- The loss of integrity of data transmitted correctly and completely
by the Bank, by the fault of telecommunications service providers
- Incorrect information entered by the Subscriber from the keyboard
of the mobile phone.
- The failure of the phone due to physical or software malfunctions
thereof.
- Corruption of transmitted data due to the existence of viruses,
spyware or malware installed abusively on the Subscriber’s phone.
- Defects or errors arising due to installation of other versions of the
operating systems on the Subscriber’s phone than those in the list of
operating systems supported.
- The impossibility of sending / receiving on the subscriber's mobile
phone of messages as a result of mobile phone settings made by the
latter or restrictions enabled / required by the telephone operator.
5.2 For the Subscriber:
a. To decide, by own means, the buying of the phone and to secure
its connection to the GSM and Internet network. The Bank is not a
provider of Internet connectivity, of hardware or software material,
so it cannot be liable before the Subscriber for this.
b. Before ordering a transfer, the Subscriber must ensure there is a
sufficient balance in the Account to be debited. In case of
insufficient balance in the Subscriber's Account, the Bank reserves
the right not to operate the transfer and is exempted from liability for
any damage caused to the subscriber or the third parties involved.
c. To immediately call the telephone operator to lock the SIM card
in case of loss or theft of the phone or SIM card.
d. To safeguard the phone and the SIM card. The Bank shall not be
responsible for the operations performed in the event of loss, theft or
loan thereof.
e. The Subscriber is responsible for all consequences resulting from
a transmission error or manipulation on his/her part.
f. In case of joining the MyBRD Mobile Service through the Contact
Center, the Customer must provide the Bank an e-mail on which he
same will receive all the documents representing the contract
between the Customer and the Bank. The Customer expressly
authorizes the Bank to send all the documents by e-mail and the
Bank does not undertake any responsibility if the information is
accessed by other people.
9. Pricing of the MyBRD Mobile Service
a. The service is offered based on a monthly management fee
payable in accordance with the fees guidelines and foreign currency
to individuals.
b. The monthly usage fee levying for the MyBRD Mobile service
starts the next month of contract signing for the MyBRD Mobile
service. The amount of the monthly usage fee is charged in the first
five days of each month and covers the month in progress. If the
Subscriber does not ensure the availability of an amount sufficient to
cover the monthly fee, the access to MyBRD Mobile will be
suspended. It will be reactivated when it will be possible to take
from the Account the monthly fee for the service. The Bank reserves
the right to terminate the contract if, within 90 days, the service is
not reactivated.
c. For every operation performed by using MyBRD Mobile service
fees and commissions shall apply in compliance with the fee
guidelines in Lei and foreign currency for individuals.
X. MOBILITY OF CURRENT ACCOUNTS IN LEI
It is a service that allows any holder-individual of current account in
LEI to request the transfer of account relationships by which it
engages in receipt and payment operations from a Bank (the
previous bank) to another Bank (the new Bank), without the account
holder contact itself the previous Bank.
The Bank may act as a new Bank or as a previous Bank. If the
Customer makes the transfer in favour of the Bank, as the new
Bank, it will fill in and sign a transfer application for the account
relationships.
The application for transfer of current account relations (transfer
application) is the form by which the Customer requests the
following:
a. The transfer of information on ongoing payments at the previous
Bank.
- Payment services that can be transferred with the current account
in Lei are: direct debit, standing order and payment orders issued
with date of payment in the future.
- By the application for transfer, the Customer cancels all direct
debit mandates and / or standing orders contracts and / or payment
orders issued with date of payment in the future given to the
previous Bank, from the date of transfer.
b. The transfer of the positive current account balance in Lei, after
26
all payments under the settlement, including those initiated by debit
or credit card issued by the previous Bank.
c. Closing the current account in Lei.
The application for transfer of account relationships and the Guide
for the Customer are posted on the www.brd.ro website.
PACKAGES OF PRODUCTS AND SERVICES - SPECIFIC
CONDITIONS
I. General Principles
1. The packages of products and services offered by the Bank are
groups of bank products and services that are based on the support
account. The products and services included in a package keep their
specific operating conditions.
2. The support account is the current account opened by the
customers under which the operations related to the products and
services in the package are carried out.
3. For each type of package there are a number of products required
to open and / or throughout the lifetime of the package in question.
4. Other products and services included in the Bank’s offer (but not
in the package chosen by the Customer) can be attached to the
support account of the package, as individual products under
standard tariff terms in effect, upon the Customer’s request.
5. The Bank may provide preferential tariff conditions for the
purchase of a package compared to the individual purchase of
products and services. In addition, the Bank may grant holders of
BRD packages preferential tariff conditions for other products /
services included in the Bank’s offer.
6. A product / service cannot be simultaneously part of multiple
packages held by the same Customer (except for BRD-NET,
VOCALIS, BRD SMS Banking, and Mobile MyBRD).
7. The Customer has access to a number of extra-Bank benefits
(discounts and facilities for various products and services),
negotiated by the Bank with foreign partners. To obtain the extra-
Bank benefits, the Customer will identify itself in the foreign
partners in question based on the nominal card of extra-Bank
benefits, received on opening the package. The extra-Bank benefits
negotiated by the Bank can expand and change over time and will
be updated regularly in the Bank’s promotional materials and on the
www.brd.ro website.
II. Joining the packages of products and services
Joining the package of products and services is made at the request
of the Customer, by signing the form of membership provided by
the Bank. This, in combination with:
The specific conditions of the packages of products and services;
The General Banking Conditions for Individuals;
The information note of the conditions of the CONFORT insurance;
The information note of the hospitalization insurance conditions;
The contracts specific to products and services included in the
package;
The list of fees, commissions and interest for the package of
products and services, is the contract specific to the package.
III. Commissioning
Fees and costs of products and services package are taken
automatically from the support account of the package and they are
the following:
a. The package management fee: includes the management fee for
the support account, the hospitalization insurance premium, the
Bank services remote subscription fee and free operations; they are
taken on the anniversary date of opening the package (from the first
anniversary date).
b. Fees for cards (in case of including an existing card in the
package, the annual management fee will be levied on the
preferential value from the next annual term. In case of terminating
the package, it will be taken to the standard value from the next
term).
c. The annual premium for CONFORT insurance (in case of
including an existing insurance in the package, the preferential
premium will be taken as of the next annual maturity).
d. The package closing fee.
IV. Bank's rights:
1. To carry out any check considered necessary on the data from the
forms filled in by the Customer.
2. To terminate the package of products / services or any product /
service related to it, in case of:
a. Failure to observe the contractual obligations by the Customer;
b. Failure to pay the management fee for the package.
3. To update the fees and interests on products / services, part of the
package in case of termination of the package, to defaults amounts –
according to the list in force at the time.
4. To proceed with deductions owed by the Customer, both for the
above fees and costs as well as for the fees for transactions made by
the Customer or the Proxy on the Account. The withholding shall be
made by debiting the support account of the package.
5. If there are no available funds in the Account to cover the costs of
the package, the Bank reserves the right to terminate the package.
6. To keep the charges of the package even if the Customer
terminates some products within it.
V. Change of structure of the packages of products and services
1. The Bank has the right to change the structure of packages of
products and services already contracted by the Customer.
2. The Bank reserves the right to remove / replace certain items in
the package if they are removed from the Bank's offer.
3. Any changes to the structure of products and services packages
will be notified to the Customer on the statement of Account or any
other form of written communication addressed to the latter and they
enter into force on the date specified in such notification.
4. The Customer has the possibility, until the entry into force of such
changes, to notify the Bank by letter with acknowledgment of
receipt or directly to the Bank unit where the account is opened, the
refusal of amendments and the termination of the contract.
VI. Change of the package of products and services held with
another package
1. To change the package of products and services held with another
package existing in the Bank’s offer, the Customer will terminate
the old package and will request the opening of a new one.
2. The products and services included in the old package:
- Will be placed on standard tariff conditions in force. The Customer
may terminate these products and services in accordance with the
provisions and functionalities specific to each product / service;
- Will be included in the new package, if found in its structure. The
Bank will transfer them from one package to another (unless it is not
technically possible) at specific tariff terms under the new package.
3. Changing a package with another is commissioned according to
the List of Fees and Commissions.
VII. Termination of the package of products and services
1. Each Contracting Party shall have the right to terminate
unilaterally the contract covering the package of products and
services with a prior notice of 30 calendar days communicated in
writing to the other party.
2. Upon the termination of the package, the Customer may:
- Give up all products in the package of products and services;
- Keep one, several or all products included in the package as
standalone products (if they are available on the offer of the bank
and individually, outside the packages). In this case, the Bank will
27
update the fees and interests at standard conditions (in force at the
time of termination of the package) for all products and services
kept.
3. The contract will terminate only all outstanding and unpaid
payment obligations arising from the contract are settled.
Upon the termination of the package, from the current account
remained open, serving as support account for the package, the
standard monthly management fee will be levied for the current
account from the month following after the termination of the
package.
If the Customer terminates its package in less than a year after its
opening, the Bank is entitled at the time of termination, to request
the Customer the payment of amounts representing discounts on
loans contracted enjoyed by the Customer as holder of the package.
VIII. Termination of the products and services in the package
1. A product / service included in the package may be terminated:
a. by the Customer, on request;
b. by the Bank, under this contract.
2. The termination of products and services included in the package
may or not result in the termination of the package, as shown in the
paragraphs A and B below:
A. Products and services the termination of which does not entail
the termination of the package: BRD-NET, BRD SMS Banking,
VOCALIS, CONFORT insurance, AIG hospitalization insurance
and any services that can be contracted based on the memberships
to the package of products and services. After the termination of
these products / services, the package will continue to operate. The
Bank will continue taking commissions for the package mentioned
above, at the same amount from the support account.
B. Products and services the termination of which entails the
termination of the package:
- Support account (current account or current account paid);
- Cards attached to the support account, purchased within the
package of products and services.