Conditions of Debit Credit Card agreement

Valid from 13 January 2018

  1. GENERAL PROVISIONS

    1. The debit credit card agreement (hereinafter the Agreement) shall regulate relations between AS LHV Pank (hereinafter the Bank) and customers of the Bank (hereinafter the Customer) in using services provided by the Bank and third parties with the help of an electronic payment instrument i.e. a card issued by the Bank.
    2. These terms and conditions of the debit credit card agreement (hereinafter the Conditions) constitute an inseparable part of the Agreement and apply to the Agreement unless the Bank and the Customer have agreed otherwise.
    3. In matters not regulated by the Agreement the Bank and the Customer follow, in addition to the Conditions, the General Conditions of the Bank and the conditions of payment services agreement, including the other documents referred to in these conditions. The Customer has accessed all of the aforesaid conditions and is aware of and agrees to the rights and obligations of the Parties arising therefrom.
    4. The Agreement is governed by the law of the Republic of Estonia.

  2. DEFINITIONS

    1. In addition to the definitions provided in the General Conditions of the Bank and in the conditions of payment services agreement, the following definitions shall have the following meaning for the purposes of these Conditions:
      1. Card User means a Customer who is a natural person or another natural person corresponding to the requirements of the Bank to whom the Bank has granted the use of the Card at the request of the Customer.
      2. Card means an electronic payment instrument in the ownership of the Bank with which the Card User can perform Transactions according to the procedure laid down by the Bank.
      3. Limit means the amount in euros within which the Card User may perform Transactions during one day or month.
      4. International Card Organisation means Mastercard Worldwide.
      5. Terminal means an ATM, payment terminal or other system in compliance with the requirements of the Bank (including the Internet environment) through which the Card Holder can perform Transactions.
      6. Transaction means the use of the funds in the Customer’s Account related to the Card via a Terminal with the Card in order to withdraw cash, pay for goods and/or services, obtain information or another transaction connected to the Card.

  3. USE OF CARD

    1. The only person entitled to perform Transactions with the Card is the Card User. If the Customer and the Card User are different persons, the Customer shall provide the Card User with the Agreement (incl. the Conditions), the General Conditions, the conditions of payment services agreement and other relevant Service Conditions for their examination and shall be responsible for the performance thereof by the Card User.
    2. When issuing the Card, the Card User shall be given the personal Security Elements of the Card (the PIN) which shall be regarded as the signature of the Card User upon the performance of Transactions.
    3. The Bank shall have the right, at the Customer’s request, to send a Card that has not been activated and the Security Elements of the Card to the Customer by post to the address given by the Customer to the Bank. Upon receipt of the Card, the Customer shall make sure that both the envelope of the Card as that of the Security Elements of the Card has not been opened or damaged. To activate the Card, the Customer shall bring it to a Bank branch or do so via the internet bank.
    4. The Card User may start making Transactions as soon as the Card is activated.
    5. The Card is tied to the Customer’s Account. At the Customer’s request several Cards may be tied to the Customer’s Account.
    6. The Card User shall have the right to make Transactions within the limit of the funds in the Customer’s Account and within the Limits set out in the Agreement and only at Terminals marked with the Mastercard logo.
    7. The Bank shall require Strong Authentication of the Card User before use of the Card.
    8. If the Card User has granted their consent for the performance of a Transaction, the Customer and/or the Card User shall not have the right to recoup the amount paid for the Transaction, except if the person who has provided the service agrees to return the amount paid for the Transaction.
    9. At the request of the person servicing the Card, the Card User shall present an identity document and agree to the recording of the data thereof.
    10. The Customer shall accept that all of the Transactions that have been made by the Card User and/or by using the Security Elements of the Card are valid in respect of the Bank as correct (incl. having been authorised within the meaning of the Law of Obligations Act) and subject to performance by the Bank.
    11. The Bank shall have the right not to perform a Transaction made by the Card User:
      1. if the Customer’s Account has been frozen or seized;
      2. if the Card is invalid or has been closed or use of the Card has been blocked;
      3. if the Transaction amount exceeds the unused part of the Limit established by the Agreement;
      4. if there are insufficient funds in the Account for the performance of the Transaction and for the payment of the service fees according to the Price List;
      5. on another basis arising from the General Conditions or from legislation.
    12. The Bank shall have the right to block the use of the Card until the circumstances have been clarified if:
      1. the Bank has become aware of a circumstance proceeding from which a reasonable conclusion can be drawn that the Card has become available and/or the Security Elements of the Card have become known to a person who has no right to use the Card;
      2. the use of the Card may have been related to fraud by the Customer and/or the Card User;
      3. there is a basis for blocking in the General Conditions and in the Service Conditions.
    13. If the basis for blocking the Card arising from Article 3.12. of the Agreement does not lapse, the Bank shall have the right to close the Card.
    14. The Customer and/or the Card User shall have the right to require that the Bank block the use of the Card and/or close the Card.
    15. A Card that has been blocked or closed or is invalid may not be used.
    16. Unless otherwise laid down in the Imperative Provisions, the Bank shall not be liable for any damage caused to the Customer or other third parties (incl. the Card User) related to the blocking of the use of the Card or the closing of the Card by the Bank in accordance with these Conditions.
    17. The Bank shall have the right to involve third parties (incl. credit institutions and the International Card Organisation or the Card Centre of Banks (Nets Estonia AS)) in making Transactions connected to the Card. The Bank shall not be liable for an act or omission of the aforesaid persons.
    18. The Bank shall have the right to determine the minimum and maximum amounts of the Card Limits and those of a single Transaction.
    19. The Bank shall have the right, without the Customer’s and/or the Card User’s prior consent, to provide the Customer and/or the Card User with additional services and benefits related to the Card and/or terminate the provision of the additional services and benefits and/or establish service fees on the services and benefits in the Price List.

  4. SECURITY REQUIREMENTS FOR USING CARD

    1. The Card User shall:

      1. use the Card according to the Agreement and make every effort to protect the Card from any mechanical damage, high temperatures, impact of electromagnetic fields, copying, changing etc.;
      2. not provide the Card to any third parties, except to receivers of payments at the time of performing Transactions;
      3. use the Card only in Terminals marked with the Mastercard logo and, while making Transactions, follow the instructions given by or displayed on the Terminal. The Bank shall not be liable for any damage caused as a result of violating this Article of the Agreement;
      4. not use the Card for any illegal purpose, incl. buying goods and services prohibited by applicable legislation;
      5. notify the Bank immediately of any errors or breakdowns hindering Transactions;
      6. perform other obligations arising from the Agreement and from the Law of Obligations Act.

    2. To ensure the secure performance of Transactions, the Card User shall periodically renew the Security Elements of the Card if the Bank has established relevant procedures and periods in this regard.

    3. The Customer and/or the Card User shall ensure that persons who do not have the right to use the Card do not become aware or obtain possession of the Card and/or the Security Elements of the Card. The Card User shall go to every effort to keep the Card and/or the Security Elements of the Card protected, incl. remember the Security Elements, not record the Security Elements on any data medium and maintain the Security Elements in a diligent manner that does not allow the use thereof by any Third Parties (incl. destroy the paper containing the Security Elements immediately after memorising them).

    4. If the Card is unauthorised or misused or if the Card and/or the Security Elements of the Card have been lost or stolen or the Security Elements have or may have become known to any third party who is not entitled to use them, the Card User or the Customer shall notify the Bank (whose number and answering hours have been published on the Website of the Bank) immediately by telephone.

    5. When obtaining the information set out in Article 4.4., the Bank shall go to every effort to suspend any further use of the Card (incl. shall close the Card).

    6. The Bank and/or a person servicing the Card shall have the right to refuse to perform a Transaction and/or take the Card away if the Card and/or the Security Elements of the Card have been used incorrectly or if the Bank and/or the person servicing the Card has any doubts about the identity of the Card User.

  5. PAYMENT OBLIGATION

    1. The Bank shall have the right to debit from the Account all the amounts of the Transactions made with the Card, fees related to the use of the Card, i.e. to the Transactions as established in the Price List of the Bank, including but not limited to the fee for withdrawal of cash from an ATM, the fee for viewing the balance of the Account and/or the Account statement through an ATM, the issuing, replacement and monthly fee of the Card, the fee for using a closed Card, etc.
    2. In addition to the fees established in the Price List the Bank shall also have the right to debit from the Account the additional fees calculated by the International Card Organisation and any possible conversion fees. The Bank receives claims for Transactions made with the Card outside of the Eurozone from the International Card Organisation or having already been converted into euros. The conversion rate shall be determined by the International Card Organisation on the day of transferring the Transaction to the Bank.
    3. The Bank shall generally debit the Transaction amount and fees and costs related to Transactions from the Account on the day each Transaction reaches the Bank. The Bank shall debit from the Account the fee for issuing the Card and/or for replacement of the Card on the first day of the month following the ordering of the Card (incl. the new Card), and the monthly fee of the Card on the first day of each month following the month serving as the basis for the calculation. The Bank shall not return the fee for the issuing and replacement of the Card. The Bank shall also have the right to debit from the Account the Transaction amount and/or the fees agreed on in the Agreement on another day determined by the Bank.
    4. The Customer shall ensure the availability of sufficient funds in the Account for the debiting of the amounts set out in Article 5 of the Agreement.
    5. If the Customer does not perform the payment obligations set out in Article 5 of the Agreement, the Bank shall have the right to block the use of the Card until the performance of the payment obligation. The Bank shall stop blocking the use of the Card within a reasonable time after the circumstances serving as the basis for the blocking have been eliminated or have ceased to exist.

  6. INFORMATION AND SUBMISSION OF CLAIMS ABOUT TRANSACTIONS PERFORMED

    1. The Customer shall obtain information about the performance and/or non-performance of Transactions from the Account statement.
    2. The Customer shall check the accuracy of the performed Transactions immediately. Any claims related to unauthorised and/or incorrectly performed Transactions shall be submitted in a format which can be reproduced in writing immediately, but not later than within the term set out in the payment services agreement.
    3. Any other claims and disputes between the Customer, the Card User and the Bank shall be settled according to the procedure laid down in the General Conditions. If the Bank and the Customer do not reach an agreement in settling disagreements related to the Agreement, the dispute shall be settled by the court of location of the Bank, unless agreed otherwise by the Bank and the Customer or otherwise provided by the Imperative Provisions.

  7. LIABILITY

    1. The parties shall be liable for violating their obligations according to the provisions of the Conditions, General Conditions, payment services agreement and legislation.
    2. If an unauthorised payment for the purposes of the Law of Obligations Act has been made by using a lost or stolen Card and/or Security Elements or if the Card and/or the Security Elements have been used in another unauthorised manner and the Customer and/or the Card User has not kept the Card and/or the Security Elements as required and there are no circumstances precluding liability as laid down in law, the Customer shall be liable for any damage caused to the Bank until giving notice in an acceptable manner, but not more than within an amount equal to 50 euros. Such a restriction on the amount shall not apply if the unauthorised payment constitutes fraud by the Customer and/or the Card User or if the Customer and/or the Card User violates either intentionally or due to gross negligence:
      1. the obligation to use the Card and/or the Security Elements according to the conditions of issue and use thereof, incl. the obligation to go to every effort to keep the Card and the Security Elements allowing the use thereof protected as of receipt of the Card and/or the Security Elements;
      2. the obligation to immediately notify the Bank or a third party notified by it due to the loss or theft of the Card and/or the Security Element and of unauthorised or incorrect use of the Card after having become aware thereof;
      3. one or several conditions of issue and use of the Card and/or the Security Element.
    3. The circumstances restricting or precluding the liability laid down in Article 7.2 shall not apply to a Customer who is a legal person.
    4. The Bank shall not be liable for any third parties involved in the performance of Transactions, for goods or services paid for by means of the Card or for refusal to accept the Card for the performance of Transactions.

  8. VALIDITY OF CARD AND ISSUING OF NEW CARD

    1. The Card shall be valid until the last day (inclusive) of the month set out on the Card.
    2. The Bank shall have the right to prepare a new Card upon expiry of the term of validity of the Card. The Bank shall notify the Customer and/or the Card User of the time and/or place of receipt of the new Card.
    3. Upon expiry of the term of validity of the Card or if the Customer applies for a new Card (a replacement card), the Bank shall have the right not to prepare and/or issue a new Card if the Customer and/or the Card User has violated any of the obligations arising from the Agreement and/or any of the conditions of use of the Card.
    4. If the Customer and/or the Card User does not want a new Card, they shall notify the Bank thereof in writing or in any other manner accepted by the Bank at least 2 (two) months before the final day of the month set out on the Card.
    5. If the Customer and/or the Card User does not accept the Card from the Bank and/or does not activate the Card within 6 (six) months of the preparation of the Card, the Card shall be closed and destroyed and the service fees debited from the Customer’s account according to the Price List of the Bank shall not be subject to reimbursement.
    6. The Card User shall not use an invalid, closed or otherwise unusable Card and return such a card to the Bank within 30 (thirty) days of the Card being closed or becoming invalid or otherwise unusable.

  9. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF AGREEMENT

    1. The Agreement shall enter force at the moment of its signing and remain in force for an unspecified period.
    2. The Customer shall have the right to apply to the Bank to change the Limit or Limits according to the procedure and within the amounts set out by the Bank. In such a case the Bank shall have the right to change (incl. increase) the Limits without drafting a relevant annex for the amendment of the Agreement. All of the conditions laid down in the Agreement shall apply to the changed Limits.
    3. The Bank shall have the right to unilaterally amend the conditions of the Agreement by notifying the Customer thereof at least 2 (two) months in advance. Within these 2 (two) months the Customer shall have the right to cancel the Agreement immediately and free of charge. If the Customer does not terminate the Agreement during this time, it shall be deemed that the Customer consents to the amendments.
    4. The Customer shall have the right to cancel the Agreement at any time.
    5. The Bank shall have the right to ordinarily cancel the Agreement by notifying the Customer thereof at least 2 (two) months in advance.
    6. The Bank shall have the right to ordinarily cancel an Agreement made with a Customer who is a legal person by adhering to the term of advance notice laid down in regard to ordinary cancellation in the General Conditions.
    7. In addition to other bases arising from the General Conditions, the conditions of the payment services agreement and legislation, the Bank shall have the right to extraordinarily cancel the Agreement if:
      1. all of the Cards issued on the basis of the Agreement have been closed and/or the use of the Card has been blocked for at least 4 (four) consecutive months;
      2. the Card becomes invalid and the Customer and/or the Card User does not accept a new Card from the Bank (incl. does not activate a new Card) within the time limit set out in Article 8.5. of the Agreement;
      3. no Transactions have been made with the Card for at least 6 (six) consecutive months.
    8. The Agreement shall be automatically terminated upon the expiry of the payment service agreement entered into between the Bank and the Customer.
    9. The Parties shall have the right to terminate the Agreement at any time by mutual agreement.
    10. Termination of the Agreement shall not affect monetary claims becoming collectible or the satisfaction of any claims which emerged prior to termination of the Agreement.

  10. FINAL PROVISIONS

    1. The Bank and the Customer shall not disclose information related to entry into and performance of the Agreement to any third parties, except if this proves necessary due to circumstances related to processing the Card and Transactions or if so agreed upon in this Agreement.
    2. The Bank shall have the right to disclose information related to the Agreement about Transactions, the Card, the Customer and the Card User to any third parties whose right to obtain such information arises from the General Conditions and from the Bank’s Principles of Processing Customer Data.
    3. Supervision over the activities of the Bank shall be performed by the Financial Supervision Authority (address: Sakala 4, 15030 Tallinn, phone: 372 66 80 500, e‑mail: info@fi.ee, website: www.fi.ee.