GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
SECTION I. SCOPE
1. These General Terms and Conditions for Remote Banking (hereinafter referred to as “General Terms and Conditions”) shall lay
down the conditions and procedure of the Bulgarian American Credit Bank AD (hereinafter referred to as “the Bank”) for delivering
banking and payment services and the related payment instruments pursuant to the Payment Services and Payment Systems Act (PSPSA)
via Remote Banking Channels as well as the relations between the Bank and the users of banking and payment services (hereinafter
referred to as “the Customer/s”). These General Terms and Conditions shall also regulate the relations between the Bank and the
persons duly authorized by the Customer to represent the Customer before the Bank with regard to the use of the remote banking
channels and the banking and payment services delivered via the latter channels (hereinafter referred to as “the User/s”).
1.1. These General Terms and Conditions have been developed in line with the applicable legislation, including, but not limited to, the
provisions of PSPSA, Ordinance No. 3 dated 16.07.2009 of the Bulgarian National Bank (BNB) on the conditions and procedure for
payment operations and the use of payment instruments (Ordinance No. 3 dated 16.07.2009), the Electronic Document and the Electronic
Signature Act (EDESA) and the Remote Financial Services Provision Act (RFSPA).
1.2. Before accepting these General Terms and Conditions and obtaining access to the Remote Banking Channels in line with the
procedure below, the Customer shall take note of them and of the General Terms and Conditions for Payment Services, the General
Terms and Conditions for Business Activities, the General Terms and Conditions for Deposits, the Fees and Commissions Tariff and the
Interest Rate Bulletin of the Bank as well as the provisions of the Framework Agreement for opening and servicing bank accounts and
delivering payment services and the Framework Agreement for Remote Banking, the Guidelines on Remote Banking and the Guidelines
on Online Banking published on the Bank’s website (www.bacb.bg) or the BACBplus Portal where the documents are available. The
General Terms and Conditions as well as the other documents above shall be available on a durable medium pursuant to Article 42 (1)
and § 1, item 4 of the PSPSA on the Bank’s website (www.bacb.bg) and the BACBplus Portal in a manner allowing their storage and
unchanged reproduction of data stored.
1.3 In order to deliver payment services and other services via the Remote Banking Channels, the Bank and the Customer shall conclude
Framework Agreement for Remote Banking (“the Framework Agreement”) and the documents under Article 1.2 shall be an integral
part thereof.
1.4. The Bank shall keep its right to amend these General Terms and Conditions and the amendments shall be executed and shall enter
into force with regard to the Customer in accordance with the provisions of Section IX hereof.
SECTION II. INFORMATION ABOUT THE BANK. DEFINITIONS
2. The BULGARIAN AMERICAN CREDIT BANK AD, entered in the Commercial Registry of the Registry Agency under UIC
121246419, having its seat and registered address in the city of Sofia 1000, Sofia City Municipality, Sredets District, 2 Slavyanska Str.
and an e-mail: bacb@bacb.bg, website: www.bacb.bg, the competent supervisory body being the Bulgarian National Bank with registered
address in Sofia 1000, 1 Knyaz Alexander І Sq.
2.1. For the purpose of these General Terms and Conditions, the terms herein shall mean as follows:
Remote Banking Channels (“Remote Channel”) - remote communication means between the Bank and the Customer, and in the cases
and within the scope laid down herein, remote communication means between the Bank and the User for the purpose of delivering/using
remote banking services with nosimultaneous physical presence of either the Bank (via its authorized official), or the Customer, and the
User respectively. The remote banking channels shall be as follows: а) banking via BACBplus Bank Portal; b) banking via the Online
Banking System; c) banking via mobile devices and d) banking via a Remote Customer Service Centre.
BACBplus Bank Portal (“BACBplus Portal/BACBplus) means an information system of the Bank available online at the following
address www.bacbplus.bg and used by the Bank for delivering remote payment and other services to the Customer in accordance with
these General Terms and Conditions.
Online Banking System means an information system of the Bank available online at ib.bacb.bg and used by the Bank for delivering
remote payment and other services to the Customer in accordance with these General Terms and Conditions.
Banking via Mobile Devices means a range of remote services (banking and other) delivered by the Bank whereby communication
between the Bank and the Customer shall be carried via the Bank’s information system and a specialized software application installed
on the Customer’s End-user electronic communication device (a smartphone, a tablet, etc).
Banking via a Remote Customer Service Centre means a remote banking channel whereby communication between the Customer and
the Bank shall be voice communication via a voice phone service (i.е. over phone).
End-user Electronic Communication Devices (End-user Devices) mean products or parts thereof used to connect to the interface of
public electronic communication networks. End-user devices used for banking via mobile devices shall be smartphones or other mobile
end-user devices designated on the Bank’s website.
Software Token means a unique personalized algorithm for encryption and signing of the Customer’s orders (statements) during
banking via mobile devices. The Software Token shall be used only for the signing of orders (statements) to the Bank and it shall not be
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
transferred from one End-user Device to another or be used for other purposes. The Software Token shall be activated only after entering
a valid PIN for access to the relevant specialized software application for banking via mobile devices.
ОТР Password (“One time password”/“ОТР”) means a temporary and one-time dynamic password for Customer identification during
payment and non-payment banking transactions. The ОТР generated shall be valid for a limited period of time and can be used only once.
The OTP shall be generated from the Customer’s display card through a complex algorithm during which the PIN code for the card in
question shall be entered. The OTP can be also generated by the specialized software application for Banking via Mobile Devices.
Display Card (“Display Card”) means a bank payment card issued by the Bank with a display and the logo of an international card
organization on it.
Transaction Authorization Number (TAN) means a unique one-time 6-character identification number code used for online banking by
the Customer or the User for signing and sending electronic payment orders to the Bank.
Electronic Statement means a verbal statement in a digital format created through a common standard for data transformation, reading
and visual representation. The electronic statement may also contain non-verbal information.
„Electronic Document” means an electronic statement recorded on magnetic, optical or other storage media which enable its
reproduction. If an electronic document is drafted, the written format shall be deemed fulfilled.
Electronic Statement Author (“the Author”) - means the natural person designated in the statement as the person that executed it.
Electronic Statement Holder (“the Holder”) means the person on whose behalf the electronic statement has been executed.
Electronic Statement Addressee (“the Addressee”) - means the person who under the law is required to receive electronic statements or
who is deemed to have agreed under unequivocal circumstances to receive statements electronically.
Electronic Signature means any data in an electronic format that is added or logically connected to the electronic statement for the
purpose of identifying its author. The advanced electronic signature shall be an electronic signature which (1) enables author
identification; (2) has a unique connection to the author; (3) has been created by means under the author’s control only and (4) is
connected to the electronic statement in a manner ensuring the identification of any subsequent changes.
Qualified Electronic Signature (QES) means an advanced electronic signature in compliance with the requirements of Article 16 of
EDESA. The QES shall have the effect of a handwritten signature.
Payment Instrument means a personalized device/s and/or a set of procedures agreed between the payment service user and the Bank
and employed by the payment service user for filing a payment order. Remote banking channels shall be regarded as payment instruments
insofar as these General Terms and Conditions allow filing of payment orders by the Customer.
Bank Agent (“the Agent”) means a person authorized by the Bank to act exclusively and only within the limits of their powers on behalf
of, at the expense of and in line with the instructions of the Bank outside its offices/branches. The Agent shall not perform any activities
and actions related to collection of savings (deposit funds in cash) as well as any other activities for which a license by the Bulgarian
National Bank or the Financial Supervision Commission is required. The registered addresses on which Agents shall perform their
activity within their powers granted by the Bank shall be listed on the Bank’s website.
2.2. The terms used herein, which are not explicitly defined, shall have the meaning in accordance with the relevant definitions in the
General Terms and Conditions for Payment Services.
SECTION III. SERVICES DELIVERED.
3.1. The Bank shall grant the Customer access via the BACBplus portal to the funds in the Customer’s bank accounts with the Bank in
order to use the payment and other services listed on the BACBplus portal including, but not limited to, delivering and executing the
following products, services and transactions: opening accounts (current, deposit and savings), making payments in BGN and in foreign
currencies in Bulgaria and abroad, purchasing and selling foreign currency, executing direct debit (immediate collection), executing
deposit transactions, filing loan applications, filing applications for the issuance of payment cards, making payments via payments cards
and other payment instruments, managing the funds in the Customer’s accounts with the Bank by developing payment models, sending
instructions to the Bank in a free text, etc. Via the BACBplus portal the Bank shall enable the Customer to receive reference information
about the status and movement of funds in the Customer’s bank accounts, the Customer’s debts to the Bank, the exchange rates applied,
interest rates, etc., create a personal schedule for pending payments, file alerts about difficulties when using the Remote banking channels
and file complaints about the services delivered by the Bank’s employees, trace the current status of orders, applications, complaints and
other documents submitted to the Bank, store and have access to electronically signed documents related to the use of services via the
BACBplus Portal as well as trace their current status.
3.2. Via the Bank’s online banking system the Customer shall be granted access to the funds in the Customer’s bank accounts with the
Bank in order to use the following payment and other services and execute the following transactions in particular: making payments in
BGN and in foreign currencies in Bulgaria and abroad, purchasing and selling foreign currency, executing direct debit (immediate
collection), executing deposit transactions (opening, increasing/decreasing and closing deposits). Via its online banking system the Bank
shall enable the Customer to access information about the status and movement of funds in the Customer’s bank accounts, the Customer’s
debts to the Bank, the exchange rates, interest rates, etc., as well as communicate with the Bank, including send instructions in a free text
to the Bank.
3.3. Via the Remote Banking Channel via Mobile Devices, the Bank shall grant the Customer access to information about the status and
movement of the Customer’s bank accounts with the Bank, the Customers debts to the Bank, exchange rates, interest rates and other
reference information. The Customer shall have the opportunity via Banking via Mobile Devices to execute electronic statements
ordering payment transactions and other transactions including to communicate with the Bank.
3.4. Via the Remote Banking Channel of a Remote Customer Service Centre, the Bank shall grant the Customer access to information
about the status and movement of the Customer’s accounts with the Bank, the Customer’s debts to the Bank, exchange rates, interest
rates and other reference information. The Customer may also execute other transactions via this remote channel, request from the Bank
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
general information, information about the status of the Customer’s applications, requests, complaints and other documents to the Bank
as well as information about amounts payable.
4. The Bank shall have the right to change at any time the scope of services delivered via the remote banking channels as well as suspend
their use with regard to certain Customer’s accounts due to changes in the services, legislative amendments or due to security reasons.
The Bank shall immediately inform the Customer about all changes in writing or electronically.
5. All payment and other transactions executed by the Customer via the Remote Banking Channels of the Bank shall be subject to these
General Terms and Conditions, the General Terms and Conditions for Payment Services, the General Terms and Conditions for Business
Activities, the General Terms and Conditions for Deposits, the Framework Agreement for opening and servicing bank accounts and
delivering payment services and the Framework Agreement for Remote Banking, the Fees and Commissions Tariff and the Interest Rate
Bulletin of the Bank as well as the relevant Guidelines on Remote Banking Channels.
SECTION IV. ACTIVATION AND USE OF REMOTE BANKING CHANNELS. OPENING A PAYMENT ACCOUNT
ELECTRONICALLY. OBLIGATIONS OF THE CUSTOMER AND THE BANK.
6. Access to the Remote Banking Channels shall be granted after the Customer has filed an explicit application in writing (Application to
use Remote Banking Channels (“the Application”)) to the Bank and in strict compliance with the requirements hereunder. The
Customer may file the Application to the Bank in person, on paper at any office/branch of the Bank, through the Bank’s Agent or
electronically by completing an electronic form via the BACBplus Bank Portal.
7. The Customer shall fill in the following information in the Application: identification data (one’s personal name in Bulgarian and in
Latin or the legal name of a legal entity or a sole trader, ID no. /Personal foreigner’s number or UIC/BULSTAT and nationality (for
natural persons)), ID card data (number, date of issue and issuing authority) for natural persons, mobile phone number, a domicile or a
seat and registered address (for legal entities), a mailing address (if different from the domicile/registered address), an e-mail address and
a customer number (if the Customer is already a Customer of the Bank).
7.1. In the Application the Customer shall fill in a valid e-mail address for receiving electronic statements and documents from the
Bank and a valid mobile phone number. In the event that the Customer has changed the e-mail address or mobile phone number without
notifying the Bank or has declared false or non-existent e-mail address and phone number, all messages sent to the e-mail address or
mobile phone number designated by the Customer shall be deemed to be received.
7.2. When filing the Application, regardless of the manner, the Customer shall declare to be aware of and strictly comply with the
requirements of the Guidelines for the use of Remote Banking Channels and shall declare unconditional consent with, agree and be
obliged to comply with these General Terms and Conditions, the General Terms and Conditions for Payment Services, General Terms
and Conditions for Business Activities, General Terms and Conditions for Deposits, Fees and Commissions Tariff and theInterest Rate
Bulletin of the Bank.
8. Filing the application via the BACBplus Portal
8.1. The Customer may file the Application by filling in the relevant electronic form available via the BACBplus Portal. When filing the
Application, the Customer may also request from the Bank in the same electronic form to open one or more payment accounts. No
Application filed by a proxy via the BACBplus Portal shall be processed.
8.2. By completing the Application, enclosing all documents required by the Bank, electronically signing the Application and all
enclosed documents with a QES and sending the Application via the BACBplus Portal to the Bank, the Customer shall execute an
electronic statement. The statement shall be recorded on the relevant storage medium on the Bank’s server and the statement can be
further reproduced thus acquires the status of a signed electronic document under the EDESA. Before sending the statement to the Bank,
the Customer may freely and without limitation correct the data in the electronic Application form and the documents attached to it.
8.3. When executing the above statement, the Customer shall unconditionally agree, accept and commit to comply with these General
Terms and Conditions, the General Terms and Conditions for Payment Services, General Terms and Conditions for Business Activities,
General Terms and Conditions for Deposits, Fees and Commissions Tariff and the Interest Rate Bulletin of the Bank by marking the
relevant field in the electronic form of the Application.
8.4. The Bank may keep the Customer’s IP address and any other information needed to identify the Customer and reproduce the
electronic document accepting these General Terms and Conditions and the other documents above in log files. The data and documents
collected thus by the Bank can be used in the event of a legal dispute and for the purpose of fulfilling other legislative obligations of the
Bank.
8.5. In order to file a valid Application via the BACBplus Portal, the Customer shall state a name, ID number/Personal Foreigner’s
number and other data required by the Bank in the Application and shall provide the required documents.
8.6. When filing the Application, the Customer shall comply with the requirements for the format and size of the Application and the
documents enclosed to it as set out in the Guidelines on Remote Banking published on the BACBplus Portal and on the Bank’s website.
8.7. The Customer shall solely bear the risk of mistakes when filing the electronic statement to the Bank.
8.8. By filing the Application via the BACBplus Portal, the Customer shall be obliged to receive electronic statements and documents
from the Bank.
8.9. When the Bank receives the Application and the documents attached to it, the Bank shall carry out the following checks:
8.9.1. whether the Application is in a format complying with the requirements laid down in the Guidelines on Remote Banking and
whether the size of the Application and the documents attached to it does not exceed the maximum limit set by the Bank for files
submitted electronically;
8.9.2. whether the documents attached to the Application are in the formats set in the Guidelines on Remote Banking;
8.9.3. whether the Application and the documents attached contain any viruses or other unsolicited software;
8.9.4. whether the Application and the documents attached contain the personal identification number and the other required
identification data and whether the latter documents have the content required by the Bank in the relevant electronic format;
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
8.9.5. whether the Customer has declared an e-mail address to receive electronic statements and documents from the Bank and any other
correspondence.
8.10. When the Application, or the documents attached to it, is in a format other than the one set out in the Guidelines on Remote
Banking, or the Customer cannot be identified by the Bank, and the Customer has presented ID documents which are dissatisfactory for
the Bank, the Bank shall send the Customer a message notifying the latter that the received Application has not been processed and the
reasons for it. All received Applications and documents attached to them for which such a notification has been sent shall be stored in the
Bank’s information system as documents received with irregularities. The Bank can send a notification to the Customer that it shall not
process a received Application and the documents attached to it without the need to substantiate its rejection.
8.11. By filing the Application, the Customer shall expressly agree to have the Customer’s personal data processed by the Bank to
check the Customer’s identity, the presence of all prerequisites for granting access to the remote channels, and in the event that the
Customer has also applied for the opening of a payment account, the presence of all prerequisites for the opening of the relevant payment
account. After the receipt of the Application, the Bank shall immediately check the identity of the Customer who has applied for access
to the Remote banking channels by
8.11.1. comparing the name of the person designated in the Application as the person applying for the use of remote channels and the
name of the author and holder in the electronic signature certificate and
8.11.2. checking with Chief Directorate Civil Registration and Administrative Services or the relevant administration responsible for the
personal registration of citizens whether the personal identification number or the Personal Foreigner’s Number declared in the
Application matches the name of a person with a name and personal identification number or Personal Foreigner’s Number as stated in
the above article.
8.12. After the Application has been received and the checks have been carried out and in the event that the conditions for the activation
of the Customer’s access to the Remote Banking Channels have been complied with, the Bank shall send a notification to the e-mail
address designated by the Customer with an electronic statement signed with an electronic signature by the Bank about accepted
Application as well as the Framework Agreement for Remote Banking signed by the Bank.
8.13. Where the Customer has also requested in the Application to the Bank the opening of one or more payment accounts and in the
event that the conditions for the opening of the requested payment accounts have been complied with, the Bank shall also send, together
or separately from the confirmation of the receipt above, Framework Agreement for opening and servicing bank accounts and delivering
payment services signed by the Bank and data about the numbers of the payment accounts opened. The documents signed by the Bank
shall be sent to the Customer in a format enabling their storage and reproduction and shall be available to the Customer in the
BACBplus Portal.
8.14. With the receipt of the Bank’s statement under the two preceding articles on the e-mail address listed by the Customer, it shall be
deemed that a valid Framework Agreement for Remote Banking and Framework Agreement for opening and servicing bank accounts and
delivering payment services (insofar as the opening of a payment account has been requested) have been signed between the Customer
and the Bank.
8.15. The Bank shall keep the above electronic documents within the legal terms for document storage.
9. Where the Application is filed via the BACBplus Portal, the Customer – natural person, in their capacity as a user under the Remote
Financial Services Provision Act (RFSPA) and the Bank respectively shall enjoy all rights and obligations ensuing from this law.
9.1. Where the Application is filed via the BACBplus Portal, the Customer – natural person, shall agree and declare to have been duly
informed in advance by the Bank about the following:
- the prices of the services delivered by the Bank, including all commissions, fees and expenses related to the services as well as all taxes
paid through the Bank, the latter prices being set or calculated respectively in accordance with the Bank’s Fees and Commissions Tariff
and Interest Rate Bulletin and available for check by the Customer;
- the fact that the services delivered by the Bank are not tied to instruments with special risks involved arising from their specificity or the
transactions to be executed, or whose price depends on the financial market fluctuations which are beyond the control of the Bank and the
results achieved so far do not allow for reliable forecasting;
- the fact that the information in these General Terms and Conditions shall be valid until changed in line with the set procedure;
- the fact that the manner of payment and delivery of remote services by the Bank is laid down in these General Terms and Conditions
and the documents listed in Article 1.2 above. The Customer shall be entitled to request at any time from the Bank to have the conditions
of the agreement, the General Terms and Conditions and any other documents herein provided in a printed format by explicitly
requesting that;
- the fact that all additional costs for the Customer incurred from the use of remote communication means when using the Remote
Banking Channels shall be at the Customer’s expense;
- the right to withdraw from an agreement concluded with the Bank within 14 (fourteen) days from its signing. This right shall apply only
when the Application for signing the agreement has been filed via the BACBplus Portal. The right to withdraw from an agreement
concluded with the Bank shall not apply when foreign currency exchange service or another service provided for under the RFSPA is
delivered. In the event that the Customer does not exercise their right within the above deadline to withdraw from a concluded agreement
as well as in the event that the Customer has expressly requested that the agreement be implemented before the Customer has exercised
their right to withdraw from it, the Customer shall assume all rights and obligations ensuing from it;
- the fact that where the Customer exercises their right to withdraw from the concluded agreement, pursuant to the procedure above and
the RFSPA, the Customer shall pay the Bank within 7 (seven) days only the services which have been actually delivered under the
respective agreement;
- the agreement term and the ways for its early or unilateral termination which are laid down in it. The Framework Agreement for Remote
Banking shall not be limited in time;
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
- the fact that where the Customer exercises their right to early termination, the Customer shall send a notification signed with a QES via
the BACBplus Portal within 14 (fourteen) days from the date of signing the agreement in the manner described in the Guidelines on
Remote Banking;
-the fact that where the Application is filed via the BACBplus Portal and where an agreement is concluded and signed with a QES
between the Customer and a duly authorized official of the Bank, the Bulgarian law shall apply and any disputes shall be settled by the
competent authorities pursuant to the RFSPA or the competent Bulgarian court respectively;
-the fact that the pre-agreement information contained in the relevant General Terms and Conditions and Framework Agreements of the
Bank shall be provided to the Customer in Bulgarian and, upon the Customer’s express request in writing, in English as well;
-the fact that the Customer shall have the right to file complaints related to an agreement for remote financial services to the Commission
for Consumer Protection under the RFSPA about which the Customer may be informed upon request by the Bank or the website of the
Commission for Consumer Protection (www.kzp.bg), or on the consumer’s phone number 07000 111 22 of the Commission for Consumer
Protection.
-the fact that no guarantee fund or any other manner of compensation of the Customer exists other than the Bulgarian Deposit Insurance
Fund.
10. Filing the Application at the Bank’s offices/branches
10.1. The Customer may file the Application at the Bank’s offices/branches after filling in and signing the relevant form.
10.2. When filing the Application at the Bank’s offices/braches, the Customer may authorize one or more Users who may administer
the Customer’s accounts at the Bank on behalf of and at the expense of the Customer via the Remote Channels, and in such case their ID
data and their rights to represent the Customer shall be also filled in the Application. Users authorized to administer the Customer’s
accounts may only be persons expressly authorized by the Customer with a Power of Attorney certified by a Notary and presented to the
Bank or people expressly authorized with a Power of Attorney signed before an employee of the Bank.
10.3. After the Bank has identified the Customer and the authorized Users and has checked the presence of all prerequisites for granting
access to the Remote Channels, the Bank shall:
10.3.1. conclude Framework Agreement for Remote Banking with the Customer;
10.3.2. activate the access to the Remote Channels within the time limits listed in Article 13 below;
10.3.3. give the Customer in person and the authorized Users the identification means via the relevant Remote Banking Channels, where
applicable (usernames, passwords, PIN, TAN, etc.).
10.4. In order to use the Remote Banking Channels, after signing the Framework Agreement for Remote Banking, the Customer and the
authorized Users shall register to have access to the relevant Remote Channels in the manner described by the Bank.
11. When filing the Application at the Bank’s offices/branches, the Customer may request activation of the access to the Bank’s Online
Banking System.
11.1. For this purpose the Customer shall visit in person the Bank together with the authorized Users to receive all the documents and
Guidelines for online banking, a username and a password (if the Application has not been filed via the Bank’s website), a list of 50
ТАNs (Transaction Authorization Number) to sign and send instructions and electronic payment orders and other documents related to the
use of the Online Banking System.
11.2. Upon request by the Customer, the Bank shall enable the Customer to download remotely an electronic TAN list. For remote
registration of the Customer to use the Online Banking System and for remote receipt of the username and password to have access to the
Online Banking System and TANs to send payment orders and other instructions to the Bank, the Bank shall automatically generate and
provide the Customer with a personal and unique Customer Identification Code (CIC). CIC shall be a unique combination of 30
characters (numbers, upper and lower case letters of the Latin alphabet) each of them placed in certain positions (from 1 to 30). The Bank
shall identify the Customer by means of certain characters from CIC in certain positions, and upon successful identification the Bank
shall allow the Customer to register remotely to use the online banking service and to obtain remotely the username, password and TANs.
The CIC characters used for the Customer’s identification shall be assigned in the following way: the Bank shall send the Customer an
electronic message on the mobile phone number listed by the Customer in the Application with a code through which, after certain CIC
characters are entered in the Online Banking System, the Customer shall be identified by the Bank.
12. Filing the Application via the Bank’s Agent
12.1. The Customer – natural person can file the Application via the Bank’s Agent by filling in and signing the relevant form and the
Framework Agreement for Remote Banking. No Application filed via the Agent by a proxy or by a Customer – legal entity/sole trader
shall be accepted or processed. When filing the Application, by filling in the same form and signing the Framework Agreement for
opening and servicing bank accounts and delivering payment services, the Customer may also request from the Bank to have one or
more payment accounts opened.
12.2. When filing the Application via the Bank’s Agent, the Customer shall be deemed informed and shall agree to have the
Customer’s ID checked by the Agent on behalf of the Bank including by checking and photocopying the Customer’s ID documents and
have the Customer’s personal data processed by the Agent on behalf of the Bank and submitted to the Bank for the purpose of processing
the Application and concluding the relevant framework agreements.
12.3. All documents submitted via the Bank’s Agent shall be sent by the Agent to the Bank. After the submitted documents are checked
and if all the prerequisites for granting access to the Remote Banking Channels are present, the Bank shall sign with electronic signature
the Framework Agreement for Remote Banking. Where the Customer has also requested in the Application to have a payment account
opened and if the conditions for the opening of a payment account are met, the Bank shall also sign with electronic signature the
Framework Agreement for opening and servicing bank accounts and delivering payment services, register the Customer in its accounting
system and open the accounts requested by the Customer.
12.4. The Bank shall send the Framework Agreements signed with electronic signature to the Customer to the e-mail address designated
by the latter in the Application, notify the Customer of the accounts opened in the Customer’s name and send the Customer information
about how to register as a user of the Remote Banking Channel in question.
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
13. Activation of the Remote Banking Channels
13. The Bank shall activate the use of the Remote Banking Channel within 3 business days after:
13.1. the Application filed to the Bank in one of the ways above has been received;
13.2. the Customer has accepted these General Terms and Conditions and the documents listed in Article 1.2 herein;
13.3. the Customer has signed the Framework Agreement for Remote Banking, i.e. after the Agreement has been signed with handwritten
signatures by the Customer and the authorized Bank employees in a printed format or electronically with QES, and in the event of
opening the first account in the Bank, after the Framework Agreement for opening and servicing bank accounts and delivering payment
services has been signed on paper or electronically with QES as well. The Customer can sign Framework Agreements electronically only
via the BACBplus Bank Portal.
14. Registration for access to the Remote Channels
14.1. When the Application for access to the Remote Channels is filed at the Bank’s offices/branches or via an Agent, the Customer
and the Users involved shall receive from the Bank on the e-mail addresses listed in the Application an electronic link to a registration
form for access to the Remote Channels and an activation code. The latter shall not apply to the online banking system when the
application is filed at the Bank’s office/branch.
14.2. The Customer shall request an additional SMS code via the registration form above to activate the access to the Remote Channels
and the Bank shall send the code in a short text message (SMS) to the mobile phone number listed in the Application.
14.3. After entering the codes above in the electronic registration form in the manner described, the Customer shall be able to sign up to
the BACBplus Portal by creating their username, password and PIN code (PIN) for access to the relevant Remote Banking Channels.
14.4. After the registration above, the Customer shall have passive access to the Remote Channels and shall be able to use the Bank’s
information and reference services available through them which are not bound to signing contracts, executing payment transactions and
other transactions or sending requests and other messages to the Bank. To obtain full (active) access to all services available via the
Remote Banking Channels, the Customer shall register their QES certificate at the BACBplus Bank Portal.
14.5. In order to obtain access to Banking via Mobile Devices, in addition to the registration above, the Customer shall need to have an
End-user device with the necessary technical capabilities and an operating system which allows the installation and normal operation of
the specialized software application for banking via mobile devices described on the Bank’s website, to have installed on their device this
software application and have ensured the connection of the End-user device with a mobile network in such a way so as to be able to use
mobile phone services and data transfer services over a cellular phone network.
15. When access to the Remote Banking Channels is activated, the Customer shall have access to all the Customer’s accounts and
deposits with the Bank via all Remote Channels and each newly opened account or deposit from that moment on shall be automatically
accessible to the Customer via all Remote Channels.
16. The rule in the preceding article shall not apply to banking via the online banking system and the Customer shall only have access via
this system to accounts expressly requested in the relevant Application and to deposit accounts opened via online banking.
17. Obligations of the Customer
17.1. The Customer and the Users shall use the Remote Banking Channels in strict compliance with the conditions of the Framework
Agreements concluded, these General Terms and Conditions and the documents under Article 1.2 herein as well as all Guidelines and
technical requirements set by the Bank for the use of the relevant Remote Banking Channel.
17.2. The Users shall declare before the Bank that they are aware of, agree with and strictly comply with the provisions of the documents
in Article 1.2 herein.
17.3. The Customer and the Users shall immediately notify the Bank upon being informed of:
1) any changes in the legal status, representative powers, powers and personal data of the persons authorized to have access to the Remote
Banking Channels;
2) any loss, theft or revocation in any other way, misappropriation or unauthorized use of the TAN lists, the username and/or password,
CIC, PIN, the storage device, the QES used in the relations with the Bank, the Display Card provided by the Bank or the End-user device
for Banking via Mobile Devices;
3) any execution of a transaction via the Remote Banking Channel that has not been authorized by the Customer and/or the authorized
Users as well as of any other events related to the normal use of the relevant Remote Channel;
4) an unauthorized or incorrectly executed payment transaction;
5) compromised confidentiality of the data for the creation of an electronic signature, in the event of using electronic signature certificates
that constitute grounds for the revocation or suspension of the electronic signature certificate and/or revocation or suspension of the effect
of the certificate by the certification service provider.
17.4. The Customer and the User shall only use in person and shall not disclose or give to third parties their Display Card, End-user
Device for Banking via Mobile Devices, the storage device for the QES used in their relations with the Bank as well as their username,
password, CIC or PIN. The Customer and the User shall have the same obligations with regard to keeping confidential the data for the
creation of the electronic signature, the TAN lists in their possession and the OTP passwords generated by the Display Card or via the
specialized software application for Banking via Mobile Devices.
17.5. The Customer and the User shall take all reasonable steps to protect all personalized security features of the relevant payment
instrument including, but not limited to, abstaining from recording any information about them on the payment instrument and keeping
such information together with the payment instrument.
17.6. The Customer and the User shall be fully responsible for all actions performed by them or third parties via any devices and/or
personalized security features (username, password, CIC, PIN, TAN, ОТР, etc.). In the event that the Customer or the User has provided
access to third parties to any of the devices and/or personalized security features herein, all actions carried out by these parties by means
of the devices herein in the relations with the Bank shall be regarded as actions carried out by the Customer or the User and the latter
shall be fully responsible for all consequences of these actions.
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
17.7. The Customer or the User that has received a temporary password by the Bank shall change the password upon the first access to
the relevant Remote Banking Channel.
17.8. In the event of a forgotten password and/or username, and/or lost/stolen active list with TANs, CIC or PIN, as well as in the event of
any suspected unauthorized access to the password or TANs, the Customer may request from the Bank in writing to recover a forgotten
username, a new password and/or generate a new TAN list, CIC or PIN after identification in the manner as per these General Terms
and Conditions.
18. The intellectual property rights over all software applications and products, databases and other materials and resources related to the
service delivery under these General Terms and Conditions, including resources accessible to the Customer and the Users via the
BACBplus Bank Portal or the Bank’s website, shall be subject to protection under the Copyright and Related Rights Act, shall be owned
by the Bank or the relevant person defined that has transferred its right of use to the Bank and shall not be used in a manner infringing
the applicable law. The right of access of the Customer and the Users shall exclude the right to copy or reproduce information and use
intellectual property objects unless the case concerns information of insignificant volume for personal use provided that no unjustified
injury shall be done to the legitimate interests of the authors or other intellectual property rights holders and provided that it is noncommercial copying or reproduction. Notwithstanding the foregoing, the Customer and the Users shall not have the right to remove the
trademark and ownership by another intellectual property right from the accessible materials regardless of whether the right holder is the
Bank or a third party.
SECTION V. IDENTIFICATION. ACCESS RIGHTS.
19. When using the relevant Remote Banking Channels, the Customer and the Users shall be identified as follows:
19.1. for the Online Banking System, by entering both the username and password and, for sending electronic payment statements and
payment instructions, by entering also a unique TAN;
19.2. for the BACBplus Portal: а) for reference information, by entering both the username and password and b) for sending electronic
payment statements and instructions for payments to the Bank, by signing them with QES or ОТР.
19.3. for Banking via Mobile Devices: а) for reference information, by entering both the username and password and b) for transactions,
via a software token and PIN or by entering a unique OTP;
19.4. for Banking via a Remote Customer Service Centre, by tone dialing the ID No and PIN.
20. For the use of the Online Banking System:
20.1. The TAN entered electrically from the list provided to the Customer/User shall have the effect of a legal valid declaration of
intention. TAN shall be used to check the authenticity of the messages sent by the Customer, to verify the Customer’s identity, verify the
Customer’s consent with the electronic statement and protect the content of the electronic payment statement.
20.2. Upon first registration, each Customer and/or User authorized to administer the Customer’s accounts registered for access via the
Online Banking System shall receive a list of 50 TANs. Only the respective Customer or User shall have access to the TAN list.
20.3. Upon entering a TAN, the Customer or the User shall follow the correct TAN sequence from the list. Where a random TAN is
used, all TANs preceding and including the TAN used shall be deactivated.
20.4. After the 30th TAN has been used, the Bank shall generate a new TAN list for the Customer or User, not activated yet, which is to
be received in person by the Customer or the User. After the TAN codes from the current active list have been used up, the newly
received list shall be activated in the Online Banking System by means of the last TAN (No. 50) from the current active list. TAN No. 49
should have been used as well for signing and sending orders to the Bank. The activation of the new TAN list shall deactivate the
previous one.
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
SECTION VI. EXECUTION OF PAYMENT ORDERS.
21. The Customer and/or the User shall have access only to the relevant Remote Banking Channels 24 hours, 7 days, without any days
off.
21.1. The Bank shall constantly receive payment orders from the Virtual Bank and shall process them in real time except during the time
when the main accounting system of the Bank shall be inaccessible for customer transactions. When a payment order is received in outof-office time, it shall be regarded as received on the following working day. The Bank shall also provide information about the outcome
of processing.
21.2 The Bank shall execute and book the transactions received by online banking from 8.00 to 15.00 p.m., Monday to Friday (except on
the official bank holidays for the Republic of Bulgaria)
21.3 In the event of any difficulties due to reasons beyond the Bank’s control or technical reasons or failure beyond the Bank’s control,
or force majeure such as a natural disaster, general strikes and other similar force majeure events, the Bank shall not be held responsible
for failure to fulfill its obligations under these General Terms and Conditions and the Framework Agreement.
22. The data received electronically by the Bank shall have the effect of valid statements of intention binding on the Customer. By
accepting these General Terms and Conditions, the Customer shall be deemed to be aware and to agree to have the Bank store in log
files data about the traffic and the Customer’s and User’s ID addresses as well as any other data necessary to identify the Customer/User
and reproduce the electronic statements/documents sent by the Customer/User to the Bank with regard to ordering payment and other
transactions.
23. Any payment order or another instruction received by the Bank in an electronic statement via any of its Remote Banking Channels
shall be regarded as received with its recording in the accounting system of the Bank, servicing the Bank’s Remote Banking Channel.
The content and time of receipt of the electronic statement in the Bank’s accounting system shall be established via transaction logbook
kept by the Bank.
24. The Bank shall not be held responsible for any payment orders received via any remote channel and automatically processed for the
purpose of payment of salaries including advance payments if the Customer has not specified that fact in the reason for the order.
25. Where the Customer has to present written justification for the execution of a transaction ordered in an electronic payment order
under the applicable law, the Customer shall submit to the Bank all necessary documents presenting the justification for the transaction
by fax or any other way acceptable for the Bank.
26. Where an ordered payment or transaction cannot be executed, the Bank shall immediately inform the Customer by phone or in
writing, by fax, by e-mail or via a Remote Banking Channel.
27. The payment orders received via the Remote Banking Channels shall be processed within normal time period for the Bank: the orders
received within the deadline set in the applicable General Terms and Conditions for Payment Services and/or Guidelines for the use of the
Remote Banking Channel in question shall be executed on the same working day, while all the others shall be on the following working
day.
27.1 The Customer may cancel an electronic statement already sent electronically only provided that the transaction has not been
executed by the Bank (in cases of a payment order, the Customer’s account is not debited) but not later than the time when the payment
transaction has become irreversible under the General Terms and Conditions for Payment Services. The transaction shall be cancelled
after the Customer has submitted a statement signed by the authorized person to the Bank by fax, at the Bank’s office/branch or via a
Remote Banking Channel expressly requesting to have the transaction cancelled.
28. For transactions executed via the Remote Banking Channels, the Customer shall owe the Bank fees and commissions in line with its
Fees and Commissions Tariff.
29. After the accounting of a payment transaction ordered via a Remote Banking Channel, the Customer can follow and trace in real time
the transaction status, the movement of the Customer’s accounts and the amount of the fees and commissions collected via the BACBplus
Portal, the Online Banking System or Banking via Mobile Devices of the Bank. Upon request the Customer can receive from the Bank
a certified copy of a payment document which has been received and processed via a Remote Banking Channel.
30. Where the Customer uses an electronic signature certificate with limits set for the use of the signature to a certain value of the
transactions, the Bank shall fulfill the orders of the Customer only within the limit set.
SECTION VII. BLOCKING THE ACCESS RIGHT TO THE REMOTE BANKING CHANNEL.
31. The Customer or the User respectively can file at any time to the Bank an application in writing to block the access right to a Remote
Banking Channel without having to state a reason. The written notification or application for blocking shall be submitted at the Bank’s
teller’s desks or sent by fax (+359-2-9444413), by e-mail to customers@bacb.bg or electronically (via the BACBplus Portal, the Online
Banking System or Banking via Mobile Devices).
32. The Bank shall block the Customer’s access to a Remote Banking Channel in the event of:
1) a written notification received from the Customer about: (i) disclosure of the username or password, or ОТР and/or a lost/stolen TAN
list, CIC, PIN, Display Card or End-User Device for Banking via Mobile Devices; (ii) suspected disclosure of the username, password,
ОТР and/or TAN lists, CIC, PIN or ОТР to an unauthorized person; (iii) suspected unauthorized access to the username, password, ОТР,
TANs, CIC, PIN or Display Card, as well as in any other case of unauthorized use of the username, password, ОТР, TAN, CIC or PIN;
(iv) compromised data for the creation of qualified electronic signature; (v) revocation or suspension of the QES certificate.
2) an explicit request for blocking received in writing from the Customer and/or User at any time without the need to state a reason;
3) in the events listed in the General Terms and Conditions for Payment services, for objective reasons namely related to: (а) the security
of the Remote Banking Channel; (b) suspected unauthorized use; (c) use of a payment instrument to defraud. In such cases, before
blocking, if possible, or immediately afterwards at the latest, the Bank shall inform the Customer about blocking the access to the
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
relevant Remote Banking Channels and the reasons for that, unless such notification is not allowed for security reasons or in view of
compliance with the legislative provisions prohibiting informing the Customer.
33. The Bank shall have the right to block the access of each Customer/User to a Remote Banking Channel where the Customer or User
with their actions violate the requirements of the legislation of the Republic of Bulgaria, the Framework Agreements, these General
Terms and Conditions or any document under Article 1.2 herein or the Guidelines for the use of the Remote Banking Channel, or
threaten the security of the Remote Banking Channel or a payment instrument.
34. The Bank shall unblock the Remote Channel and/or payment instrument or replace it with a new payment instrument after the reasons
for blocking it no longer exist.
35. The Bank shall not be held responsible for failure to execute the transactions ordered if, following wrong notification/application
received in writing for blocking the access right to the Remote Banking Channel or notification by phone under the following article, the
Bank has taken the necessary measures to block the Remote Banking Channel in question to protect the Customer’s interests.
SECTION VIII. NOTIFICATION OF A LOSS, THEFT, AND OTHER ILLEGAL ACTIONS WITH THE PAYMENT
INSTRUMENT. NOTIFICATION OF UNAUTHORIZED OR INCORRECTLY EXECUTED PAYMENT TRANSACTIONS.
LIABILITY.
36. The Customer and User shall fulfill their obligations to notify the Bank under Article 17.3 herein by contacting the Bank on phone
number 070014488 or (02) 9658370 within the Bank’s working hours. The Customer/User can leave a voice message in out-of-office
hours via the Remote Customer Service Centre. The Bank shall take the necessary steps on the next business day.
37. The Customer shall immediately notify the Bank without undue delay after establishing any unauthorized or incorrectly executed
payment transaction via a Remote Banking Channel but not later than 13 months from the date the Customer’s account is debited, and
where the Customer is a legal entity or sole trader, not later than 14 days from such debit. The Online Banking System, the BACBplus
Portal and Banking via Mobile Devices allow for ongoing monitoring of all transactions in real time and the Customer shall be deemed
informed of an unauthorized or incorrect transaction as of the moment such transaction is booked.
38. Following the receipt of a notification at the Bank sent by the Customer or User under Article 17.3. of a loss, theft or any other
deprivation, misappropriation or unauthorized use of TAN lists, CIC, PIN, ОТР, the Display Card, the End-User Device, the username
and/or password or unauthorized use of a Remote Banking Channel, unauthorized use of a specific payment instrument, the Customer
shall not incur any material damages arising from the use of the respective banking channel except where the Customer has acted with
fraudulent intentions or gross negligence. The Customer shall be held liable and shall incur material damages in all cases provided for in
the Payment Services and Payment Systems Act and the applicable law.
39. The Bank shall not be held liable for the damages caused from the use of a Remote Banking Channel where the Bank has executed the
Customer’s orders prior to being notified by the Customer of any deletion, loss, illegal theft, forgery or illegal use of a username,
password, QES certificate, ОТР, the Display Card, the End-User Device, TAN lists, CIC or PIN that may have resulted in illegal use of the
Remote Banking Channel.
40. The Bank shall not be held liable for executed orders of a Customer whose rights and/or powers have been changed without the Bank
being duly notified of that as well as where the Customer and/or User has not fulfilled their obligations under these General Terms and
Conditions.
41. Where the Customer is a natural person and the Customer/User has failed to protect the personalized security features of the Remote
Banking Channel (TAN lists, username and/or password, data for the creation of an electronic signature, CIC, PIN, ОТР) and transactions
unauthorized by the Customer or User have been established, executed via a Remote Banking Channel and arising from the use of lost,
stolen or illegally obtained TAN lists, username and/or password, OTР, CIC, PIN or Display Card or disclosure to third parties of the
confidential data for the creation of an electronic signature, then the Customer shall sustain the damages from such transactions of up to
BGN 300.
42. Where the Customer is a legal entity or a sole trader and the Customer/User has failed to protect the personalized security features of
the Remote Banking Channel and transactions unauthorized by the Customer or User have been established, executed via a Remote
Banking Channel and arising from the use of lost, stolen or illegally obtained TAN lists, username and/or password, OTР, CIC, PIN, use
of data for the creation of an electronic signature, etc., then the Customer shall fully sustain the damages from such transactions
regardless of their amount. In such cases the Bank shall not be liable for unauthorized payment transactions.
43. Notwithstanding the provisions of the two preceding articles, the Customer shall bear all losses related to unauthorized payment
transactions if the Customer has fraudulently or deliberately caused them or has acted in gross negligence or has failed to fulfill one or
more of their obligations under these General Terms and Conditions including but not limited to the obligations under Article 17 herein.
In such cases the Customer shall bear the damages regardless of their size.
44. In the event of an unauthorized transaction, the Bank shall recover the Customer the value of the unauthorized transaction as soon as
the procedure to establish the authenticity and the correct execution of the payment transaction pursuant to the provisions of the PSPSA is
over but not later than 21 days from the receipt of the notification from the Customer of unauthorized or incorrectly executed transactions.
45. When Banking via a Remote Customer Service Centre, the Customer shall be liable for all transactions executed via this Remote
Channel and the Customer shall declare their consent to have all phone calls made to the Remote Customer Service Centre recorded and
stored by the Bank and shall also declare to be notified that the Bank shall have the right to use them as means of evidence in the event of
a dispute.
SECTION IX. AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS
46. The Bank may at any time amend these General Terms and Conditions and shall notify the Customer of such amendments at least
two months prior to their effective date. The Bank shall deliver such notification to the Customer on paper at the Bank’s
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD
offices/branches, via the Bank’s website (www.bacb.bg) or via the BACBplus Portal both in English and Bulgarian at least two months
prior to the effective date of the amendments. The scope of services delivered via the Remote Banking Channels may be expanded
unilaterally by the Bank and in such case the two-month advance notification shall not apply.
47. Where the Customer has not notified the Bank in writing of the Customer’s refusal to accept the amendments prior to their effective
date, the Bank shall deem the Customer to have accepted the amendments to these General Terms and Conditions and to be bound by
them.
48. Where the Customer notifies the Bank in writing of the Customer’s refusal to accept the amendments prior to their effective date, the
Customer shall have the right to terminate immediately the Framework Agreement for Remote Banking prior to the date on which the
amendments to these General Terms and Conditions enter into force without being held liable for any expenses and indemnity.
49. Legislative amendments related to payment services shall be binding on the Bank and the Customer from their entry into force.
SECTION X. GOVERNING LAW AND DISPUTE SETTLEMENT
50. For all issues not settled in these General Terms and Conditions or the Framework Agreement for Remote Banking, or other
contractual agreements between the Customer and the Bank, the provisions of the PSPSA, EDESA, Ordinance No. 3, the Credit
Institutions Act and all other applicable provisions of the existing Bulgarian law shall apply.
51. The Bank and the Customer shall do their best and attempt to settle any disputes between them through negotiations and based on
mutual out-of-court settlement. In the event of any inaccurately or incorrectly executed payment transaction by the Bank, the Customer
may file a written complaint to the Bank. The Bank shall make its decision and notify the Customer of its decision on any received
complaint within 7 days from its receipt. In the event that the Bank does not pronounce its decision on the complaint as well as when the
Bank and the Customer cannot reach an agreement, the dispute shall be referred to the Conciliatory Committee for Payment Disputes
with the Commission for Consumer Protection or to the competent Bulgarian court.
SECTION XI. MISCELLANEOUS
52. The Customer shall be aware of the legal framework on executing, receiving, establishing and validity of electronic payment orders
in accordance with the provisions of the Bulgarian law. When using Banking via mobile devices, an advanced electronic signature shall be
created by means of a software token within the meaning of EDESA. By agreeing with these General Terms and Conditions the
Customer shall agree that the advanced electronic signature shall have the effect of a handwritten signature in the Customer’s relations
with the Bank. When PIN, TAN or ОТР is entered to confirm electronic statements executed by the Customer via the Remote Channels
(except for Banking via a Remote Customer Service Centre), cryptographic signing of information with the Customer’s username shall
take place which shall constitute an advanced electronic signature pursuant to EDESA and the parties shall accept its effect of a
handwritten signature in their relations. The electronic statements executed under EDESA and these General Terms and Conditions
shall be valid and legally binding documents and the entries of all transactions executed electronically via a Remote Banking Channel
shall be valid accounting documents.
53. The Bank shall provide the Customer with information in Bulgarian about the executed payment transactions and services. The
Customer may request in writing in the Application to receive information in English about the Customer’s payment transactions and
services and in such case the Bank shall provide information in English except for transactions initiated by the Customer or payments
received which have been worded in Bulgarian.
§1. These General Terms and Conditions for Remote Banking of the Bulgarian American Credit Bank AD have been adopted by a
resolution of BACB’s Management Board dated ……… and shall enter into force on …………..
GENERAL TERMS AND CONDITIONS FOR REMOTE BANKING
OF THE BULGARIAN AMERICAN CREDIT BANK AD