GENERAL BANKING TERMS AND CONDITIONS for ... - … EN.pdf · its customers-individuals are governed...

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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:

Transcript of GENERAL BANKING TERMS AND CONDITIONS for ... - … EN.pdf · its customers-individuals are governed...

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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

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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.

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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

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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;

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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.

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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.

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- 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

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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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23

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

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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

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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.