Based on Regulation on Credit Card Issued by CMBC (China Minsheng Banking Corp.,Ltd.) (hereinafter referred to as "the Regulation"), the following agreement is made by and between the CMBC (hereinafter referred to the bank) and Minsheng Card applicant (hereinafter referred to "the cardholder") on behalf of his own and the holder of supplementary card about matters concerning application and use of credit card:
Article I. Definitions:
1. The cardholder means card applicant that is verified and granted credit card by the bank, except where the context otherwise requires, including the principle card holder and every supplementary card holder.
2. Credit card account means the account assigned to a credit cardholder, a dual-currency account integrating RMB account with foreign currency account (namely, US dollar).
3. Credit card transaction means transaction proceeded by credit card, card number or transaction password (whether with the knowledge and authorization of the cardholder or not), such as payment, guarantee, cash advance and other transaction types acknowledged by the bank..
4. Cash advance means cash withdrawal within credit limit from a credit card by card holder at ATMs or over the counter at bank branches or through other transaction methods acknowledged by the bank. The grace period is not applicable to cash advance; card holder shall pay service fee and overdraft interest from the accounting date of overdraft transaction.
5 Credit limit means the maximum amount of credit that is available and revolving within the valid date of the card, verified by the bank according to the cardholder's creditworthiness. It is shared by all the cards (principle and supplementary card) issued to the cardholder and by both the RMB account and the US dollar account. The credit limit will be adjusted regularly by the bank, but the cardholder could also apply for a change of the credit limit by voluntarily submitting relevant documents and proofs to the bank. In addition, application for a temporary higher credit limit can be launched if it is needed by the card holder for rational consumption in a certain period of time. The actual credit limit for card holder at any time will be set up according to the method stipulated by the bank.
6. Accounting date means the date when the bank credits the credit card transaction into credit card account.
7. Payment due date means the deadline of repayment corresponding to each repayment cycle by the cardholder.
Article II. Application
1. Credit card applicant and the cardholder warrant that all data provided to the bank are true, complete, precise, legal and agrees to cooperate with the bank in investigating the property, credit standing, and other conditions from relevant departments, organizations and individuals. The bank is entitled to collect, handle, transfer and use personal data and information of applicants due to business and management needs. The bank shall treat privacy and business secrets (including the application form) in confidence in accordance with the law (except for occasions when inquiry is made at the request of the Stock Exchange of the bank for listing and other appropriate circumstances for disclosure). Relevant documents will not be returned regardless of whether the credit card is issued or canceled.
2. The bank has the right to determine whether to issue credit card to an applicant or not as well as the credit limit according to his or her credit standing. The credit limit is shared by the cardholder of both principle and supplementary cards. The same credit limit will also by enjoyed by various cards owned by the cardholder of the same identity, such as original card, co-brand card, affinity card, etc.
3. The cardholders of the principal and supplementary cards shall be responsible for debts of both principle and supplementary cards. All the commitments, assurances, obligations and responsibilities are undertook jointly by the cardholder of the principle card and that of the supplementary card; violation of the agreement on the part of any cardholder will be regarded as a violation by all cardholders of the same card. Moreover, each cardholder is the proxy of the other cardholders of the same card, which means that consent, acceptance and acknowledgement of any cardholder will be considered as that of all cardholders.
4. The cardholder of the principle card is allowed to sign on the application form of supplementary cards instead of supplementary card applicants if the supplementary card applicants are his/her parents, spouses or children. Otherwise, the cardholder of the principle card should see to it that the supplementary card applicants sign on the application form in person. At the same time, the cardholder of the principle card shall ensure that applicants for supplementary cards have already learned and agreed the Regulation and this agreement when they are applying for the supplementary cards.
Article III. Use
1. Ownership of credit cards belongs to the bank. The bank only authorizes the usage of cards by the cardholder in line with the Regulation and terms stipulated by the agreement; the cardholder shall not make the ownership or usage of the cards available for any third person by lease, transfer, trust creation or any other ways. Credit limit extended by the bank to the cardholder shall only be enjoyed by the cardholder to the extent provided for by the Regulation and this agreement, and could be adjusted by the bank freely, therefore, credit limit shall not be regarded as an irrevocable credit commitment, savings of the cardholder, creditor's rights to the bank or properties of other nature.
2. The cardholder should sign the card in the signature column on the back of the card upon receipt and well keep the card; the signature shall be consistent with that of the application form. When signature is required to conduct transactions through credit card, the cardholder shall sign for the transaction in the same manner as confirmation. The cardholder shall input transaction password and sign on receipt of the transaction when the cardholder makes cash advance or confirms consumption by credit cards within valid areas if the service of using password for consumption by credit card is opened by the cardholder. The bank and its cooperative partners will check signatures in conformity to normal recognition standard that is common practice in the banking sector.
3. Services and functions provided to the cardholder along with the credit card by the bank mainly include:
(1) The cardholder may deal with the corresponding credit card account through the hotline service for credit card of the bank or the website of CMBC on credit card.
(2) In compliance with business practice, transaction nature and under the transaction types recognized by the bank, the cardholder can conduct credit card transaction through off-line POS, mail, telephone, fax, internet and other means after the cardholder presents the card or provides card number verified by the merchants. The bank will identify the credit card transaction as behavior of the cardholder by password, telephone/fax confirmation, mail, signature on receipt, suppliers' proof and other means that can be used to verify the identity of the client.
(3) The cardholder may advance cash over counters of the bank branches or through ATMs with the card and its password within the credit limit extended by the bank to the cardholder.
4. The cardholder should not use credit card or other ways to operate the credit card accounts for paying total amount due of current month. The cards can only be used in transactions with China UnionPay Co., Ltd, VISA/MasterCard International Inc. and other lawful and proper transactions recognized by the bank; laws and regulations in China as well as that of localities should by no means be violated. The bank reserves the rights to refuse processing or paying for any transaction deemed by the bank as illegal.
5. Transactions conducted overseas by the cardholder will be credited into foreign currency account (except for the overseas transactions in which China UnionPay Co., Ltd provided RMB clearing services or RMB account is allowed to be used by the bank, such as transactions in Hong Kong and Macao). Domestic transactions by the cardholder will be credited into corresponding RMB account or USD account according to the type of clearing currency.
6. The cardholder shall settle any dispute himself/herself with merchants, cash advance institutions, acquirer institutions or/and other parties involved in transactions through credit card; the bank disclaims responsibility for the dispute. The cardholder shall not take the dispute as an excuse not to pay the debts and related fees incurred by the credit card transaction.
Article IV. Interests and Charges
1. The cardholder should pay the annual fee of the first year on/before the payment due date upon receiving the credit card. Annual fee will be listed among the amount due of the first month in the billing statement in the following years. The cardholder shall not request exemption or return of the credited annual fee under any excuse.
2. Except where the Regulation and the agreement otherwise stipulated, the period from the accounting date to the payment due date is grace period, during which, no interest of the transaction amount will be charged if all debts are paid in full. The span of the grace periods shall be determined by the bank in accordance with relevant financial regulations. If the debts are not paid in full on the payment due date by the cardholder, no grace period will be extended and overdraft interest from the accounting date of overdraft transaction will be charged in addition to the due amount.
3. The cardholder can make minimum payment to the bank before the payment due date after being verified by the bank (the minimum payment of each billing statement consists of: 10% of the consumed amount within the credit limit plus 100% of all the rest due amount). For minimum payment, the transactions have no grace period; overdraft interest of all the transactions and due amount from the accounting date of overdraft transaction will be charged. If the cardholder holds more than two cards issued by the bank, the minimum payment for each statement of account shall be the total amount of the minimum payment of all the cards he/she holds.
4. Cash advance means cash withdrawal within credit limit from a credit card by the cardholder at ATMs or over the counter at bank branches or through other transaction methods acknowledged by the bank. The grace period is not applicable to cash advance; the cardholder shall pay service fee and overdraft interest from the accounting date of overdraft transaction.
5. The cardholder should pay for over limit fee if over limit transaction by credit card is made. If the cardholder fails to pay the total amount due before the payment due date, overdue fee will be charged in addition to overdraft interest. Besides, the cardholder shall also assume other responsibilities for the violation of the agreement. Other service fees will be collected in consistence with the lawful charge criterion employed by the bank when the cardholder carries out cash advance transaction and relevant matters provided for in this agreement or regulations of the bank. Annual fee, overdraft interest, service fee, over limit fee, overdue fee and other fees will be determined by the charge criterion that is fixed, published and adjusted by the bank from time and time. Monthly compound interest will be imposed for overdraft interest.
6. Overseas transactions by the cardholder shall be settled in the currency required by the bank in line with relevant laws and regulations. If RMB is allowed to purchase foreign currency for repayment, the conversion will be made at the foreign exchange rate set by the bank and shall follow a series of procedures. The exchange rate between US dollars and other foreign currencies that is used in overseas consumption and cash advance is bid by VISA/MasterCard International.
7. No interest will be counted for the funds deposited in the credit card. In case the cardholder wants to withdraw the over-paid funds in the card after the amount due is deducted, the cash withdrawal can be made at ATMs or over the counter at bank branches. The cardholder could also require the bank to remit the over-paid amount to the personal account designated by the cardholder for which service fee for recovering the over-paid amount will be charged.
8. If the cardholder agrees to transfer fund to the card automatically by means of account reimbursement from the personal account in the bank designated by the cardholder, the bank has the right to deduct the amount due from the designated account before/on the payment due date; the rest of the amount due, if any, shall be repaid on time by the cardholder. If the cardholder fails to repay the debts in full by the payment due date, the bank is also entitled to deduct the amount due from any other account opened by the cardholder in other branches of the bank, to dispose of the properties of the cardholder retained or held by the bank for repayment, to writer off the debts the bank owes to the cardholder, to impose other measures to urge the repayment according to law, to adjust credit limit of the cardholder or to take back the credit card; expenses and losses incurred by the bank during the exercise of its rights shall be born by the cardholder. In cases when the amount paid by the cardholder can not cover the total amount due, the order of the repayment will be fees (including annual fee, service fee, over limit fee, overdue fee, penalty, etc.), other items, interest, the principal of cash advance, the overdraft amount of consumption; the bank could change the above-mentioned order at its discretion with regard to one or several repayments.
Article V. Bank Statement
1. The bank will provide the bank statement monthly by mailing it to the designated address or through other channels, except that no transaction is conduced in the current month, the bank has offered the transaction record by other means or the two parties have otherwise agreed on. Under any circumstances, the cardholder should not refuse to repay the debts on the grounds that no statement has been received.
2. The cardholder is entitled to ask for the bank statement of the last 3 months free of charge. If the cardholder asks for the bank statement of 3 months ago or for the statement of the last 3 months more than once, relevant service fee will be charged. The cardholder shall call the hotline for credit card service of the bank if no bank statement is received. The bank statement shall be conclusive if the cardholder does not lodge any objections within three months since the transaction has taken place or thirty days since the bank statement is received (subject to the later date among the two). The cardholder is entitled to require the bank to check the unauthorized transaction and review the signed voucher for payment or the refund order with the acquirers within the foregoing period, but the cardholder should voice sufficient reason and provide relevant supporting documents such as receipts to the bank. If the result proves that the transaction was authorized by the cardholder and thereby must be considered as a valid transaction, the cardholder should pay the service fee for reviewing the signed voucher.
Article VI. Validity
1. The maximum term of the credit card is 3 years; the credit card out of date cannot be used any more. If the cardholder does not want to use the card any more after maturity of the credit card, he/she should notify the bank in writing, calling to the service hotline or in other forms accepted by the bank one month in advance and return the card to the bank. Otherwise, the bank shall deem that the cardholder is willing to renew the card upon maturity. However, the liabilities of the cardholder shall not be terminated when the card is changed, canceled or expires.
2. If the cardholder fails to fulfill the obligations stipulated in the Regulation and the agreement, to maintain the qualification or credit status as a cardholder required by the bank or violates relevant laws and regulations, the bank reserves the rights to impose related measures such as freezing the account of the cardholder, stopping the use of the credit card, etc. The bank can also authorize relevant institutions to take back the card without giving notice to the cardholder in advance and exercise recourse to the amount unpaid off by the cardholder. Besides the forgoing stipulations, the bank is entitled to deprive the cardholder of the rights to use Minsheng credit card temporarily, to adjust the credit limit of the cardholder, to change or take back the card due to the needs of risk management, business demands or other reasons deemed as appropriate by the bank. After the card is canceled or taken back, the cardholder still has to undertake the obligations of paying off the debts already incurred. The debts undue that is not repaid by the cardholder shall be considered as due and hence must be cleared off before/on the date when the card is cancelled or taken back by the bank.
Article VII. Security
1. The cardholder should take good care of sensitive information such as ID card, number and password of the credit card, identification information, contact number and other information in the application documents. The bank will depend on one or several items of the forgoing information to identify whether the user of the credit card is the cardholder. If the personal data is changed, the cardholder shall immediately inform the bank to have the personal information updated. The cardholder shall adopt necessary precaution measures when using the card in public places, at ATMs or in other environment. The bank will not be held responsible for errors and losses incurred by illegal/inappropriate use of the credit card or revelation of sensitive information such as card number and password that is not caused by the bank.
2. The cardholder shall keep the credit card and its password confidential and use it cautiously while not allowing any third person to use or keep the card. After the cardholder losses, destroys the card or has the password leaked, the cardholder shall immediately take effective steps by calling the credit card service hotline of the bank for loss reporting or undergoing loss reporting procedures and paying related service fees through designated network or other channels recognized by the bank. Loss reporting of the credit card will enter into effect right after the loss reporting procedure is completed. Before loss reporting is completed, the cardholder bears responsibility for risks and losses resulted from others using the card, counterfeiting the signature or usurping the password, etc. Under any of the following circumstances, the cardholder shall still shoulder the entire responsibility even if the loss reporting comes into effect:
(1) The cardholder does not assist the bank or competent institutions in investigation.
(2) The cardholder cheats in conspiracy with merchants or has fraudulent transactions by the credit card.
(2) The cardholder has other acts that violate the principle of honesty and credibility.
3. If the cardholder forgets the inquiry password, he/she may reset the password by calling the credit card service hotline of the bank. If the cardholder forgets transaction password, he/she may apply for a new one but shall pay for the service fee generated thereby.
Article VIII. The cardholder herein agrees the bank to entrust a third party or member organizations of credit card institutions with transaction account settling services, computer processing services, data processing services, promotion and sales services as well as other services relevant to the agreement deemed as necessary by the bank under the regulation of watchdog and in no violation of laws and regulations of the PRC (People's Republic of China).
Article IX. The cardholder consents and authorizes the bank to disclose his/her credit record generated by the use of credit card to licensed credit reference agency, credit evaluation agency and other similar agencies that are recognized by the watchdog as well as relevant laws and regulations.
Article X. The right to interpret the agreement resides in the bank. The agreement constitutes an interpretation and complement to the Regulation; any discrepancy between the agreement and the Regulation caused by amendments to the Regulation is effective subject to the Regulation. Amendments to the Regulation will be effected by the bank and promulgated (through any of the following channels: the website notice, commercial network notice, bank statement, mail, telephone bank, service hotline, similarly hereinafter). The amendments enter into effect upon the date decided by the bank after being ratified by competent watchdog (if necessary). Any amendments or adjustments by the bank to the service content, manner, charge items and/or charge criterion provided for in the agreement take effect upon promulgation.
Article XI. The agreement is subject to the laws of People's Republic of China, the provisions of People's Bank of China and China Banking Regulatory Commission and relevant stipulations of State Administration of Foreign Exchange. Any unsettled matters will be handled in compliance with the Regulation, business provisions of the bank and common practice of the financing sector.
Article XII. The agreement takes effect after the cardholder signs the application form and is issued a credit card under the bank's consent. |