General Terms and Conditions of Bank Service (hereinafter - the Terms and Conditions)
1.
Definitions:
Unless otherwise specified by the Agreement and/or Other Agreement Associated Thereto, or otherwise is
required by its context, the below definitions have the following meanings in the Agreement and/or
Other Agreement Associated Thereto:
1.1.
1.1.1.
1.1.2.
1.2.
1.3.
1.4.
1.4.1.
1.4.2.
1.4.3.
1.4.4.
1.4.5.
1.5.
1.6.
1.7.
1.8.
1.9.
1.9.1.
1.9.2.
1.10.
1.11.
1.12.
1.13.
1.14.
Authorization – a procedure of identification of the Customer through the Access Codes on the basis of
which the Bank provides the Banking Product service:
Simple Authorization – Authorization through the User Name and Password.
Complex Authorization - Authoriation through the User Name, Password and Digipass or OTAC received
through the SMS or electronic email.
Automatic Payments – Banking Product defined by the Annex #3 to the General Terms and Conditions.
Extract - the information on the Transactions conducted on the Account.
Account – account of the Customer in the Bank:
Single-currency Account - Account with funds placed in one specific currency.
Multi-currency Account - Account with funds placed in the several currencies separately, representing
one account.
Current Account - Standard Current Account and/or Universal Current Account, on which funds of the
Customer are being placed and which are managed by the Customer in order to make Payments or for
other purposes.
Standard Current Account - Current Account for execution of the Transactions, and with no Card linked
to it.
Universal Current Account - Current Account, with the Card linked to it and which makes possible to
execute the Transactions at the moment of the Agreement conclusion.
Unauthorized Overdraft - negative balance on the Universal Current Account occurring without the
Bank’s consent/permission.
Bank - JSC Bank of Georgia, identification code: 204378869, head office located at the address: 29a
Gagarini Str., Tbilisi, Georgia, Website: www.bankofgeorgia.ge, e-mail: customerservice@bog.ge,
registration number: 06/5-07.
Automatic Teller Machine (ATM) - self-serving electronic software-driven device which allows the
Customer to withdraw cash as well as to execute other Transactions defined by the Legislation and the
Bank.
Cash Withdrawal Limit from ATM - maximum amount of cash allowable to withdraw from the ATM
within the period (27 hours period unless otherwise decided by the Bank) defined by the Bank.
Card - main and/or additionam and/or contactless card international plastic card related to the Universal
Current Account:
Main Card - first Card existing for managing the Universal Current Account.
Additional Card - Card existing for managing the Universal Current Account except of the Main Card,
additionally issued by the Bank to the Customer for handing over to the Customer and/or other
individual nominated by the Customer.
Card identification data(s) - card number, validity period, name and surname of the owner and card
identification code (CVC2 or CVV2).
Card Security Service - Banking Product defined by the Annex #12 to the General Terms and Conditions.
Card 3D Security - Banking Product defined by the Annex #14 to the General Terms and Conditions.
Card Delivery Service at the Place of Stay - Banking Product defined by the Annex #19 to the General
Terms and Conditions.
Transfer - transfer of sums from the available funds on the Customer’s Account to the bank account of the
Receiver through the non-cash payment.
1
General Terms and Conditions of Bank Service
1.15.
1.16.
1.17.
1.17.1.
1.18.
1.19.
1.20.
1.21.
1.22.
1.23.
1.24.
1.25.
1.26.
1.27.
1.28.
1.29.
1.30.
1.31.
1.32.
1.33.
1.34.
1.35.
1.36.
1.37.
1.38.
1.39.
1.40.
Application – Customer’s application to the Bank (in the form established by the Bank) about providing
and/or suspending/terminating/changing the Banking Product/Banking Service according to the
conditions specified in the same application.
Representations and Warrantees – the Customer’s representations and warranties included in the Article 6
of the General Terms and Conditions.
Order - any instruction and/or order of the Customer given to the Bank within the framework provision
of the Banking Product.
Payment Order - Order given by the Customer or the Reveiver to the Bank regarding Payment
Transaction.
Additional Terms and Conditions – terms and conditions set out by the Annex “A” to the General Terms
and Conditions (if any) including all changes and amendments.
Annex – unless explicitly specified otherwise in the Agreement and/or Other Agreement Associated
Thereto, Annex(s) to the Agreement and/or Other Agreement Associated Thereto and/or the Application
(as the context may require), forming integral part of the Agreement and/or the Other Agreement
Associated Thereto and effective in conjunction with them.
Additional Cardholder – the person defined by the Customer who holds and uses the Additional Card.
Remote Banking Service - Internet Banking, Mobile Banking, Telephone Banking, Tskapplication, ATM,
Self-serving Terminal, Epay.ge, Esesxi.ge, SMS Banking.
Elva - Banking Product defined by the Annex #15 to the General Terms and Conditions.
Electronic Moneybox - Banking Product defined by the Annex #16 to the General Terms and Conditions.
Website - website(s) used by the Bank.
Self-serving Terminal - the device allowing the Bank to execute the specified Transactions.
Legislation - effective legislative acts and subordinate acts of Georgia and the international agreements
and covenants included in the system of the legislation of Georgia.
E-mail Banking - the Banking Product defined by the Annex #9 to the General Terms and Conditions.
Internet Banking - the Banking Product defined by the Annex #7 to the General Terms and Conditions.
Customer - person whose name, identification data and other information is given in the Application and
whose order is executed by the Bank.
Conversion of Money - purchase of one currency in exchange for another.
Credit - the Banking Product defined by the Annex #13 to the General Terms and Conditions.
Creditworthiness – Assessment of the Customer by the Bank regarding the possibility of receiving the
Credit by the Customer, in accordance with the rules and procedures defined by the Bank
Courier Service - the Banking Product defined by the Annex #17 to the General Terms and Conditions.
Limit - financial, quantitative or any other limit/restriction/prohibition established by the Bank for the
usage of the Banking Product and execution of the Transaction by the Customer.
Other Agreement Associated Thereto (or Other Agreement Associated to the Agreement) – according to
the Agreement and on its bases: (a) insurance agreement, security agreement, surety agreement and/or
documents drew up between the Bank and the Customer or the Bank/Customer and the Third Party
execution and/or the issuance of which is stipulated by the Agreement and/or is carried out on its basis;
and/or (b) any other agreements between the Bank and the Customer or the Bank/Customer and the
Third Party executed on the basis of terms and conditions of the Agreement in order to use bank service
defined by the Agreement and/or for the purpose of security.
Third Party - any Person except the Customer and the Bank.
Receiver - a Person for the benefit of which the Payment Transaction /Transfer is being implemented.
Permanent Arbitration Court - Dispute Resolution Center Ltd., identification code: 204547348; website:
www.drc-arbitration.ge
Standing Order - Banking Product defined by Annex #4 to the General Terms and Conditions.
Banking Service - service offered to the Customer by the Bank in compliance with the Agreement.
2
General Terms and Conditions of Bank Service
1.41.
1.42.
1.43.
1.44.
1.44.1.
1.44.2.
1.45.
1.46.
1.47.
1.48.
1.49.
1.50.
1.51.
1.51.1.
1.51.2.
1.52.
1.53.
1.54.
1.55.
1.56.
1.57.
Mobile Banking - the Banking Product defined by Annex #8 to the General Terms and Conditions.
Party/Parties - the Bank and/or the Customer and/or the Additional Cardholder as the context may
require.
Overdraft - overspending the funds existing on the Accounts by the Customer.
Transaction - any Bank Service provided by the Bank under the Customer´s Order:
Payment Transaction - deposit, transfer or withdrawal of the funds initiated by the Customer or the
Receiver.
Cash withdrawal transaction - Cash withdrawal operation from the account through the card.
Penalty - the amount of money to be paid to the Bank in case of non-performance or improper
performance of the financial and/or other obligation by the Customer under the Agreement and/or Other
agreement Associated Thereto. The amount and terms are defined by the Agreement and/or Other
Agreement Associated Thereto.
Person - natural person(s), legal entity(ies) and/or other organizational formation(s) under the
jurisdiction of Georgia or other countries, not representing legal entity(ies).
Banking Day - any day (except Saturday, Sunday or official holidays defined by the Legislation), when the
commercial banks are operating in Georgia, are open for their regular activity.
Banking Product - types of banking products defined by the Article 4 of the General Terms and
Conditions, standard conditions of which are posted on the Website.
Commission Fee - the amount of money payable by the Customer to the Bank for the use of the Banking
Product, the size of which is defined by Annex No. 1, Annex No. 2 to the General Terms and Conditions
and/or Annex No.13 related to the loan, while the procedure of charging and paying the commission fee
is defined in accordance with the conditions established by the Bank.
Telephone Banking - Banking Product defined by Annex #18 to the General Terms and Conditions.
Universal Identifiers - combination of data provided by the Bank to the Customer after the registration of
the Customer in the CIS, through which the Customer is allowed to use Remote Banking Service:
User Name - one of the parameters automatically defined by the CIS which is unique and necessary for
the Authorization, and changable at any time by the Customer throug the Remote Banking Service.
Password - combination of digits generated by the CIS used for the Authorization, which shall obligatory
change by the Customer after its first usage.
Force Majeure - acts of God, fire, cut off of electricity supply, failure of equipment, software fault,
hostilities, administrative - legal act and/or other circumstances insurmountable by the Bank and beyond
its control which: a) are not related to the Bank’s mistakes or negligence, b) started and developed after
entering into force of the Agreement and c) directly affect the whole and/or proper fulfillment of the
obligations under the Agreement.
Money Transfer - Payment Transaction executed for the Customer without opening Accounts for him/her
and/or the Receiver under which funds are delivered directly to the Receiver or to the other provider,
acting on behalf of the Receiver, for making delivery to the Receiver.
Centralized Identification System (CIS) - the Bank system in which the method of the Customer’s
Authorization and the Customer’s Universal Identifiers are registered allowing the Customer to use
Remote Banking Services.
Centralized Remote Banking Services - part of the services (Internet Banking, Mobile Banking, Telephone
Banking, Tskapplication) included in the Remote Banking Services which is accessible through Universal
Identifiers registered by the Customer in the CIS.
Affiliates – in relation to the Bank, any company whose stocks, shares and/or less than 50 (fifty) % of
votes are directly or indirectly held or otherwise managed by the Bank.
Purchase Limit - maximum daily limit set out for purchasing goods/services by the Customer at merchans
or other service providers.
3
General Terms and Conditions of Bank Service
1.58.
1.58.1.
1.58.2.
1.59.
1.60.
1.61.
1.62.
1.63.
1.64.
1.65.
1.66.
1.67.
1.68.
2.
2.1.
2.2.
3.
3.1.
3.2.
3.3.
3.3.1.
3.3.2.
Access Codes - any kind of the confidential information provided by the Bank to the Customer for the
safe usage of the Banking Product/Banking Service.
One-time Authorization Code (OTAC) - combination of the randomly generated digits used for the
performance and confirmation of the Transactions through the Remote Banking Services and/or for
confirmation of the Operations defined by the Bank.
PIN Code - personal identification number handed over to the Customer by the Bank together with the
Card.
Spending Limit - total volume of spending funds (including cash withrawal) from the Card.
Group Company - BGEO Group Plc (identification/tax registration code: 6232931314569A) or any other
enterprise and organizations in which BGEO Group Plc directly or indirectly holds stocks or shares.
Agreement - (a) Application submitted by the Customer to the Bank; (b) General Terms and Conditions;
(c) Annex No.A to the General Terms and Conditions concluded between the Parties (Additional
Conditions) in the presence of it; and (d) any additional Annex and/or Application, drawn up between the
Parties in the future, including occasional changes and additions to the said documents.
Digipass – the Banking Product defined by the Annex #20 to the General Terms and Conditions.
Pay Sticker - the Banking Product defined by the Annex #11 to the General Terms and Conditions.
SMS Banking – the Banking Product defined by the Annex #6 to the General Terms and Conditions.
Tskapplication - the Banking Product defined by the Annex #10 to the General Terms and Conditions.
Financial Number – Mobile phone number under Customer’s ownership, which is registered as a unique
number in the System of the Bank by sending One-time Authorization Code (OTAC) on the same number
for the purpose to recieve information about usage of Bank Products/Bank Services , also one-time codes
and/or Access Codes sent by the Bank.
Conversion of Money via the Electronic Trading Platform – the Banking Product defined by Annex #21 to
the General Terms and Conditions.
QR PAYMENT – Banking service, defined in Annex No.22.
Subject of the Agreement
According to the Agreement the Bank is obliged to provide the Customer with the Banking Service and/or
the service related to the Banking Product in exchange for which the Customer is obliged to fulfill the
terms and conditions and pay the Bank Commission Fee (if any), in accordance with this Agreement.
For using a number of the Banking Products or for getting the Banking Services the Customer is obliged to
file the relevant Application to the Bank. In case the Customer has no any Banking Product defined by
the Annexes of the General Terms and Conditions, relevant Sub-paragraphs(s) of the General Terms and
Conditions (their Annexes) shall not apply to the Customer. Such Annex(es)/paragraph(s) shall be
activated for the Customer together with the right granting to use the specified Banking Product.
General Terms and Conditions of the Banking Product/ Banking Service
The National Bank of Georgia supervises the Bank. Its Website is: www.nbg.ge.
The National Bank of Georgia is not responsible for improper performance of the Bank obligations, as the
provider.
The Order:
The time of the receipt of the Payment Order is the moment when the Bank receives the Payment Order,
regardless of it’s initiator, Customer or the Receiver.
Payment Order submitted to the Bank on a non-banking day, shall be deemed to have been received on
the next Banking Day. Therefore, transfers of foreign currency out of the Bank submitted after 18:00 pm
on the Banking Day, as well as the transfers under 10,000 (ten thousand) GEL submitted to the Bank after
4
General Terms and Conditions of Bank Service
3.3.3.
3.3.4.
3.3.5.
3.3.6.
3.3.6.1.
3.3.6.2.
3.3.6.3.
3.3.6.4.
3.3.7.
3.3.8.
3.3.8.1.
3.3.8.2.
3.3.8.3.
3.3.8.4.
3.3.8.5.
3.3.8.6.
3.3.8.7.
3.3.8.8.
3.3.8.9.
3.3.9.
3.4.
3.4.1.
3.4.2.
3.4.3.
3.4.4.
3.4.5.
3.4.6.
16:45 pm and the transfers over GEL 10,000 (ten thousand) GEL out of the Bank, sybmitted after 17:55
pm shall be deemed accepted on the following Banking Day.
The Bank provides execution of the Payment Order within 2 (two) days from the date of its submission to
the Bank, except for cases provided by the Legislation.
The Payment Order may not be executed upon itssubmission to the Bank , whereas the Bank fully
charges the Customer's Account (s) for the corresponding funds when receiving said Order.
The Order regarding the Payment Transaction must contain details specified under the Order No. 8/04 of
January 22, 2015 of the President of the Nnational Bank of Georgia on the Rules for the Execution of the
Payment Transactions, for its proper fulfillment.
The electronic Payment Order must definitely contain at least the following requisites:
Account number from which the Payment Order shall be executed;
Amount of money and it’s currency;
Account number of the Receiver;
Other additional details stated by the Bank,specific for this kind of Payment Order.
For the execution of the Transaction the Bank and the Customer must sign the Order, except of electronic
Payment Order.
The Bank is entitled not to recieve the Order for execution and/or to refuse the execution of the Order if:
the Order does not comply with the requirements established by the Legislation and/or the rules and
procedures established by the Bank (including the stipulated conditions of the agreement concluded with
the intermediary bank in case of international transfers);
the Order contains inaccurate information;
the funds existing on the Account, including Commission Fees, are insufficient for the Order execution or
allowed Overdraft limit required to execute the Order is spent;
the Bank has not received the Order;
the funds or a part thereof required for the Order execution is freezed, including freezings by the Bank;
the Transaction exceeds the Limit set out by the Account (s) or the Bank;
the funds existing on the Account are subject to public-law restrictions;
the Bank suspects fraud or illegal action;
there is any such problem/circumstance, as a result of which the Order execution becomes impossible.
The Customer is responsible for the correctness of each Order.
Remote Banking Service:
The Customer is entitled to use the Remote Banking Service (except for SMS Banking and E-mail Banking)
upon his/her registration in the CIS.
The Mobile Banking, Telephone Banking, Tskapplication are automatically activated through the service
center and the ATM from the moment of the registration of the Customer in the CIS, as well as all
Remote Banking Service activates automatically in case of registration of the Customer in the CIS via the
Mobile Banking or the Internet Banking (from the following Website: ibank.ge).
The Customer activates the Remote Banking Service through the Universal Identifiers.
The Customer should not leave the device for connecting to the Remote Banking Service inadvertently,
when it is connected to the network.
During the period of using Remote Banking Service, the Customer undertakes not to leave the
corresponding device accessible to the Remote Banking Service and not to allow the usage of this device
by Third Party till the Customer completes the usage of the Remote Banking Service and persuades that
use of it is impossible by Third Parties.
The Customer is responsible for any Transaction performed through the Remote Banking Services in
his/her use.
5
General Terms and Conditions of Bank Service
3.4.7.
3.4.8.
3.4.9.
3.4.10.
3.4.11.
3.4.11.1.
3.4.11.2.
3.4.11.3.
3.4.11.3.1.
3.4.11.3.2.
3.4.11.3.3.
3.4.11.3.4.
3.4.11.3.5.
3.4.12.
3.4.13.
3.4.14.
3.4.15.
3.4.16.
3.4.17.
3.4.18.
3.4.19.
3.4.20.
3.4.21.
The Bank is not liable if the Customer is not provided with the Remote Banking Service, for reasons
beyond the Bank's control, including the cases of interruption in the Banking System or in the operation
of the Remote Banking Services, in order to update and/or improve the system.
The Customer gives the Bank authorization to fulfill all verbal or electronic instructions issued by the
Customer (or which appear to have been issued by the Customer) via the Remote Banking Services.
The Customer agrees and gives the Bank authorization to open the Account for the Customer in
accordance with the rules and conditions established by the Bank under the Order submitted by the
Customer within the scope of the Remote Banking Service.
The Customer’s consent to the conditions of the agreement sent via the Remote Banking Service shall be
the equivalent to the Customer’s signature of the same agreement and such agreement shall be deemed
effective upon receipt of the Customer’s consent by the Bank via the Remote Banking Service.
When performing the Remote Banking Services, the Bank shall not be responsible for:
any damages caused by any failure as a result of a malfunction of the Customer's devices and software.
a virus or other similar problems that may be related to the usage of Remote Banking Service.
the damage/loss caused or expected as a result of:
incompatibility of the Customer’s software or any type of devices with the Bank system.
damage/destruction of the Customer’s data/documents, software and any type of the devices while using
the Remote Banking Services.
unauthorized usage of the Access Codes by any Person;
the Third Party connection to the telephone or internet communication between the Customer and the
Bank;
if the system associated with the implementation of the Remote Banking Services is malfunctioning,
including cases of technical malfunction, might be caused by the Bank.
The registration/recept and/or restoration/replacement of the Universal Identifiers may be carried out by
the Customer in the service center and/or ATM (with the Card), via the Internet Banking (only from the
Website: ibank.ge) or the Mobile Banking, at the discretion of the Bank.
In order to receive the Remote Banking Services, the Customer can be entrust to perform the Simple
Authorization or the Complex Authorization. The Authorization method shall be chosen in each cases of
using the appropriate Remote Banking Service registration in CIS.
During the period of using the Remote Banking Services, the Customer is entitled to, or in the case of the
Bank’s demand, the Customer is obliged to, change the Universal Identifiers at any time through the
Remote Banking Service or in the service center in accordance with the conditions stated by the Bank.
The Password given to the Customer first time is subject to mandatory change, at the first usage by the
Customer of any Remote Banking Service.
The Customer is entitled to change both the User Name and the Password in the Internet Bank and in the
Mobile Bank. Also the Customer is entitled to: change the mobile phone number (Financial Number) used
for the Authorization in the Internet Bank, recover the Password in the: ATM, service center, Internet
Bank (only from the Website: ibank.ge) or Mobile Bank.
The Customer is entitled to change the Password and the User Name only in the case when using the
Remote Banking Service, he/she successfully passes the identification according to the User Name and the
Password registering by this date.
The Bank determines the list of the Transactions requiring the OTAC.
The OTAC can be sent to the Customer on a Financial Number (the OTAC consisting of 4 digits) and/or
by the Digipass (the OTAC consisting of 6 digits).
The OTAC is sent only to the Financial Number which is registered in the CIS. The Financial Number
must be unique in the CIS and should not be fixed in relation to another customer.
Within the scope of the Remote Banking Services, the Bank is entitled to:
6
General Terms and Conditions of Bank Service
3.4.21.1.
3.4.21.2.
3.4.21.3.
3.4.21.4.
3.4.21.5.
3.4.22.
3.4.23.
3.4.24.
3.4.25.
3.4.26.
3.4.27.
3.4.28.
3.4.29.
3.4.30.
3.4.31.
3.4.32.
withdraw the funds for the execution of the Order from any Account(s) or from the certain Account(s)
specified under the relevant Application.
Establish the specific Limits for the Transactions performed through the Remote Banking Services and
periodically change these Limits, at its own discretion.
contact the Customer and verify the Authorization of the Transaction or the Order at its discretion, if the
value of the Transaction or the Order in question exceeds the Limits set out by the Bank. Also suspend
execution of such Transaction until verification of the Authorization.
suspend or terminate the Remote Banking Service without prior notice of it to the Customer in order to
protect the interests of his/her if the Bank suspects violation of the security numbers, or if such deed is
reasonable for any other reason(s).
change the requirements of the system devices that can be installed to receive the Remote Banking
Services.
The Transaction through the Remote Banking Service is not always synchronous with the received Order
and the Order may not be executed upon its receipt. It may take a certain amount of time to process
certain issues and in some cases, the Order may be executed within 2 (two) Banking Days from the date
of its submission to the Bank, except the case(s) provided by the Legislation.
Based on the requirement of the Bank, the Customer undertakes to provide assistance to the Bank and/or
to the law-informcement bodies, for damages caused as a result of unauthorized use of the Remote
Banking Services.
The Customer acknowledges and agrees not to use the Remote Banking Services illegally or through
violating the rights of the Bank or the Third Party.
By signing the Agreement, the Customer applies and gives the Bank authorization to: a) rely and act in
accordance with all Order have been Authorized, or if the Bank considers that it is the Authorized even
in cases when such Order contradicts any other mandate issued at any time, in relation to accounts and
activities of the Customer; b) withdraw from the Customer's Account(s) any funds paid or issued by the
Bank in accordance with any Order, including the fees for any services related to the management of the
Account(s) and the performance of the Transactions under the Customer's Order.
The Bank receives the Order for the execution only if it is issued via the Remote banking Service and
through use of the Universal Identifiers. The Bank is entitled to, but does not undertake to verify the
reliability of the received Order, and require from the Customer to provide a document containing
additional information, if this is necessary for execution of the Order.
The Customer acknowledges and agrees to execution of his/her Order by the Bank, which implies the
withdrawing funds from the Account(s), even in cases without the Authorization of the Order by the
Customer. Although, the Customer takes full responsibility for an unauthorized Transaction or the Order.
The Bank takes measures to inform the Customer on the temporary suspension or termination of the
Remote Banking Services through the electronic notice or by the other means, while failure of the
completion of this condition shall not cause the Bank's liability.
On the bases of the Customer’s request, the Bank takes all necessary measures to stop or cancel the proper
execution of any Order in time, unless otherwise provided by the Legislation. Therefore, the Bank is not
liable for the dissatisfaction of this requirement, if the Bank has not received the appropriate notice.
The Customer undertakes to provide the Bank with the complete and reliable Order, the Bank shall be
released from any responsibility caused by incompliance with this requirement.
The Customer is responsible for any damages and/or loss caused by his/her negligent deed, with which
the Customer has contributed the fulfillment of the unauthorized Transaction, or commitment of a
fraudulent act.
The Bank records are the document confirming the relationship of the Customer with the Bank. The
Customer acknowledges the records made by the Bank as a legally enforceable document, despite the fact
that such document(s) is(are) not original.
7
General Terms and Conditions of Bank Service
3.4.33.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
3.12.
3.13.
3.14.
3.15.
The Customer agrees and states that he/she is fully responsible for communication with the Remote
Banking Services through the Customer’s internet provider and/or the navigator.
The Customer has the opportunity to receive information regarding the exchange rate on the Bank’s
Website.
The Customer is entitled to find an information about the terms and conditions of the Agreement
through the Website during the validity term of the Agreement.
The Customer is entitled to apply the Bank with the Application (if it is necessary) for the purpose to
receive and/or terminate the use of the Bank product/Banking service specified in the Agreement. The
Bank shall review the Application if the Customer satisfies all conditions provided by the Agreement
and/or Other Agreement Associated Thereto during the completion of the Application.
The Customer shall not use the Banking Product if this induce overspending of the funds available on the
Account (below the zero) without the Bank's prior consent or in case of exceeding the Limit. In the
event of a breach of the said obligations by the Customer, The Bank is entitled to allow an Overdraft to
Customer’s any Account without obtaining additional consent or acceptance of the Customer, in
accordance with terms and conditions under the Agreement, if there is a breach of the obligation by the
Customer.
The Customer is obliged to pay Commission Fees in accordance with tariffs established by the Bank and
provided by the Agreement at time of payment, unless otherwise defined by an additional agreement of
the Parties, also while carrying out Payment Transaction (including amedments), Transaction annulment
or money return Transaction and foreign payment system or information exchange system is a
participant, the Customer will be obliged to pay additional Commision Fees if required by foreign
intermediary. The Customer may also be charged with commission fee for non-guaranteed type (SHA and
/ or BEN) of incoming transfer(s) (as it may be additionally requested by the foreign intermediary bank
and / or by the Bank, which will be deducted by the Bank from the transferred amount) not more than
30 units in case of US dollars and euros and/ or not more than GEL 100 in case of other currencies
(depending on the amounts transferred).
The Commission Fees are payable at certain intervals and on a certain date established by the Bank.
The Bank is entitled to withdrow the Commission Fee from any Account at its discretion, without
additional consent or acceptance of the Custome in accordance with the tariffs effective in the Bank, and
with the agreed order under the agreement with the Customer . If the Commission Fee and the existing
funds on the Account are in different currencies, the Bank independently performs the Conversion of
Money at the Bank’s effective commercial exchange rate on the day of the payment, the cost of which
shall also debited from any Account and the converted amount of money shall be applied for the
payment of the Commission Fee.
The Bank is entitled to withdraw part of the Commision Fee from the existing funds on the Account(s),
and the remaining part after the first deposit/bank of the funds on the Account(s) if funds on the
Customer's Account (s) is(are) insufficient for full and proper payment of the Commission Fees..
The Customer undertakes to pay at his own expense all debts/payments stated by the Legislation or the
legislation of another country (if this condition is extended to the Customer) that may arise in connection
with the use of the Bank product (s)/Banking service(s).
The Bank is responsible for the payment of any debt or obligation associated with the received
CommissionFee. If the Legislation states the payment for any obligations through deduction of the funds,
the Bank and/or any Group Company shall pay or withdraw such fund at the expense of the Customer.
If the Bank under the Legislation is responsible for any tax payment obligation, induced fromthe
Customer’s taxation, the Customer undertakes to immediately reimburse the Bank for the amount of all
such liabilities.
8
General Terms and Conditions of Bank Service
3.16.
3.17.
3.17.23.
3.17.24.
3.18.
3.19.
3.20.
3.21.
3.22.
3.23.
3.24.
3.24.1.
3.24.1.1.
The Bank ensures the compliance with the requirements of the Legislation, whereas the Customer
undertakes to comply with either the Legislation or the legislation of any country which for any reason
may apply to the Customer.
In order to receive and use the Banking Product(s)/Banking Service(s), the Customer undertakes:
carefully read the Agreement;
to fill in and/or sign the Application (if any) or/and other documents required for obtaining/using the
relevant Banking Product / Banking Service.
The Bank is entitled to refuse the Customer in using the Banking Product(s)/Banking Services if the
Customer has not timely filled in, signed, or returned/submitted the Bank the Application (if any) or a
documents required for using the Banking Product(s)/Banking Services in the form and content accepted
for the Bank. In addition, after reweing the Application and/or other documents, the Bank is entitled, at
its discretion, not to accept this documents and refuse to provide the Customer with the Banking Product
(s)/Banking Service(s), without disclosing the reason.
The Customer agrees that in accordance with the rules established by the Legislation, for the purpose to
provide the Customer with the one-time or multiple Banking Products/Banking services and within the
scope of the said Banking Products/Banking Service, and also with the purpose of ensuring one-time or
multiple fulfillment of the obligations in full (including one-time and multiple receipt of information ),
and in the required volume, to obtain and use the personal data of the Customer required for the Bank
existing in the electronic database of the ULPP Public Services Development Agency, including but not
limited to the sample of the Customer's signature. In addition, as a sample of the Customer's signature,
the Bank may also use the signature recorded in any Application.
Rules for the implementation of the payment services by the Bank are specified in these General terms
and conditions and on the Website: www.bankofgeorgia.ge, therefore, General terms and conditions shall
prevail if there are contradictions between the terms posted on the Website and these General terms and
conditions,.
Within the scope of the specific payment service, the Bank employee is entitled to provide information
to the Customer verbally, and when the Customer receives the Remote Banking services she/he can
follow the rules specified on the Website: www.bankofgeorgia.ge and the General terms and conditions.
The Customer may receive certain information about the details of the particular Transaction through the
service center and/or the Telephone Banking (some information about the several Transactions is
possible to recieve through the Remote Banking Services as well), and also based on the type of the
Transaction, an extract, the Extract, receipt and/or another document may be granted to the Customer in
accordance with the terms and conditions established by the Bank.
The Customer is entitled to inform the Bank in written form about any modifications in and/or
cancelation of the document confirming the Authorization and/or information provided/submitted to the
Bank within 5 (five) Banking Days from the occurrence of such circumstances. The obligation specified in
this Clause is also definitely applied to all documents provided to the Bank, under which the Customer
grants the Authorization of an action on his/her behalf. The Bank shall not be responsible for the
damages/loss induced by such action/deed performed untill the said notice from the Customer.
Approval of the Transaction, Order and/or any document (including the deal) proposed by the Bank
within the scope of the Banking Products/Banking Services by the SMS code by the Customer:
The Bank is entitled to offer the Customer approval of any document (including the deal) prepared in the
scope of the Transactions, Orders and/or the Banking service through the SMS code, instead of approval
by the Customer’s signature in accordance with the procedures established by the Bank. This implies the
following:
The Bank shall send the data (the data is determined by the Bank) on any proposed document (including
the deal) and the SMS code within the scope of the relevant Transaction, Order and/or Banking Service to
9
General Terms and Conditions of Bank Service
3.24.1.2.
3.24.1.3.
3.24.1.4.
3.24.1.5.
3.24.1.6.
3.24.2.
3.25.
3.26.
3.27.
3.27.1.
3.27.2.
3.27.3.
3.28.
3.29.
3.29.1.
3.29.2.
the Customer’s Financial Number and/or other mobile phone number specified/preliminary defined by
the Customer.
If the Customer provides the SMS code (the Customer provides the SMS code to the relevant Bank
employee verbally) to the Bank, the Customer confirms that he/she is fully acquainted with the
document (including the deal) proposed by the Bank within the scope of the relevant Transaction, Order
and/or the Banking Service, agrees with the reliability of the conditions/information contained therein
and wishes to fulfill the Transaction, Order and/or the conclusion/preparation of the document
(including the deal) proposed by the Bank within the scope of the Banking Service.
The Bank enters the SMS code into the software program and completes the process associated with the
fulfillment of the Transaction, Order and/or conclusion of the documents (including the deal) if the
Customer designates SMS code sent by the Bank.
Approval of the documents (including the deal) proposed by the Bank within the scope of the
Transaction, Order and/or the Banking Service by the SMS code is equivalent to the Customer's signature
on the material document between the Parties.
The list/types of the Transactions, Orders and/or documents (including the deal) approved by the SMS
code are determined by the Bank, at its own discretion.
In case of the Customer's request the Bank shall provide the Customer with the relevant document when
the approval of the documents (including the deal) by the SMS code within the scope of the Transactions,
Orders and/or documents, proposed by the Bank.
The Bank shall not be liable for any damages/loss, that might be caused as a result of specification/predetermination of a Financial number and/or mobile phone number by the Customer, the sending of SMS
code to which can cause such damage/loss.
The Bank will refund to the Customer the amount of the unauthorized Payment Transaction if no more
than 40 (forty) days have passed since the date of the unauthorized Payment Transaction or no more than
180 (one hundred and eighty) days have passed from the date of an incorrect operation and the Customer
notified the Bank about the unauthorized/incorrect Transactions in the shortest period after receiving the
information on such Transaction, and in case of a direct debit, within the terms established by the
National Bank of Georgia.
The Customer is responsible for the damages caused by an unauthorized Transactions by stolen or lost
payment instrument or its misappropriation or illegal use in Georgia within the amount of money no
more than established by the Legislation.
The Customer shall bear full responsibility for damages assosiated with the unauthorized Payment
Transactions, caused by his/her criminal action and/or if the Customer:
uses a payment instrument in violation of the conditions established for this payment instruments.
doesn’t comply with the security measures of the payment instruments provide protection of means for
personification of these instruments.
doesn’t inform the Bank or a person determined by the Bank about the detection of the loss, theft,
misappropriation or illegal use of the payment instruments as soon as possible after its detection.
The Customer undertakes to promptly notify the Bank in writing about the fact of the unauthorized or
incorrect performanceof the Transactions.
The Customer shall not be liable neither for damages caused by the stolen, lost, misappropriated or
illegally used payment instruments, nor for damages caused by the unauthorized Transactions as a result
of non-compliance with the safety measures of the payment instruments or personified means:
if the Customer performed the Transaction in accordance with the terms and conditions of the
Agreement after receiving a notice from the Bank and such damages is not caused by the intentional or
willful act of the Customer.
if the Bank doesn’t provide the receipt of the notice, if such damage is not caused by the Customer's
intentional or willful act.
10
General Terms and Conditions of Bank Service
3.30.
3.31.
3.32.
3.33.
3.34.
3.35.
3.36.
3.37.
3.38.
3.39.
3.40.
3.41.
3.42.
3.43.
3.44.
3.45.
3.45.1.
The Bank is liable for the damages caused by default of the Payment Transaction intentionally or
negligently or performed incorrectly or with violation of the deadline.
The Bank shall transfer the Chargeback amount to the Customer as soon as the amount is repaid by the
Bank, if the Bank performs the Transaction unauthorized orincorrect.
If the international rules of Visa, Mastercard or Amex and Bank’s procedures determines the Customer’s
responsibility to return to the Bank the credited Chargeback amount, it should be executed within 5
(five) Banking Days from the moment of the Bank’s request.
If the Chargeback amount is not refunded within the PERIOD DETERMIEN IN THE Caluse 3.32 of this
Agreement, the Bank shall be entitled to allow an Overdraft in the amount of the credited Chargeback on
the Customer’s Universal Account, without his/her additional consent, acceptance and without sending a
notice to the Customer, in accordance with terms and conditions stipulated by the Agreement.
If the operation date of performance of the Transaction coincides with a non-Banking Day, it shall be
executed on the date of the next Banking Day, and in such case, the Customer is responsible for the
payment of all payments (including those, which may be provided on the next Banking Day) .
The Bank is not responsible for the fact of late or intermittent SMS sending by telecommunication
companies.
In order to provide services, the Customer undertakes to promptly provide the requested information /
documentation to the Bank.
The Customer undertakes to notify the Bank immediately and in writing on any changes (including:
changes / amendments, cancellation, termination, etc.)in power of attorney / authorization / service
agreement in which he/she is represented as a part of the deal (trustee / principal or an agent/ authorized
person), otherwise, the Bank shall not be responsible for the possible or incurred damages / loss.
The Customer undertakes to promptly inform the Bank in writing on any loss / cancellation / loss of
ownership of any identification document, otherwise the Bank is not responsible for the possible or
incurred damages / loss.
The Customer undertakes to periodically review information posted on the Website, including
statements, changes and additions.
The Customer agrees to receive any direct marketing (advertising) notifications, as well as notifications
on the Banking Product/Banking services on any communication channel registered with the Bank
(including telephone, e-mail, etc.). If the communication channels of the Customer in any form provided
to the Bank are not owned / used by the Customer any more, on which the Customer has not notified the
Bank in writing, the latter is not responsible for the possible or incurred damages / loss caused with
sending notice.
Filling the Application for data registration by the Customer does not automatically cause the changes of
the contact channels specified in the Application for the request / receipt of the Banking Product /
Banking Service.
Currency Exchange on a Current Account, may be implemented by purchase one currency by another, in
case of existing funds on the Current Account sufficient for this Transaction.
Currency Exchange shall be carried out in accordance with the commercial exchange rate established by
the Bank at the date of exchange.
The Bank is entitled to block the fund on the Customer's Account required for execution of the Order
(including Commission Fee for the currency exchange) from the moment of the receipt of the Order on
currency exchange from the Customer.
Amount of money retained by the Bank’s ATM shall be returned within 3 (three) Banking Days from the
receipt of the Customer’s relevant Application. If the Bank determines that the funds has been incorrectly
returned to the Customer, without Customer’s additional consent/acceptance and without sending a
notice to the Customer the Bank is entitled, to:
Charge any Account for returned funds,
11
General Terms and Conditions of Bank Service
3.45.2.
3.46.
3.47.
3.48.
3.48.1.
3.48.2.
3.48.3.
3.49.
3.50.
3.50.1.
3.50.2.
3.50.2.1.
3.50.2.2.
3.50.2.3.
3.51.
3.52.
Allow an Overdraft in the amount of the returned funds in accordance with the terms and conditions of
the Agreement if there is no funds on the Customer’s Account (s).
If funds are credited to the Customer's account from different web pages (including gambling), the
amount will be reflected within 3 (three) Banking days from the date of crediting, despite the provision
of this clause, the Customer is entitled to cash out the won amount upon crediting or to pay with a POS
terminal.
The goal of the Foreign Account Tax Compliance Act (FATCA) is to satisfy the requirements of the US
tax legislation and the intergovernmental agreement (IGA) concluded between the US and Georgia.
In the event if:
The customer is a US citizen and/or a US tax resident, the Customer must provide the Bank with a form
for the Request for Tax payer Identifications Number and Certification developed by the US tax service
(see the form at http://www.irs.gov/pub/irs -pdf/fw9.pdf ) or the modified form (Form W-9) issued by the
Bank to the Customer.
The Customer is not a US citizen and/or a US tax resident, but is born in the United States, in which case
the Customer must provide the Bank with a Certificate of Foreign Status of Beneficial Owner for United
States Tax With holding and Reporting developed by the US tax service (see the form:
Http://www.irs.gov/pub/irs-pdf/fw8ben.pdf) together with appropriate explanations (from renunciation
of US citizenship or the reason for non-acquisition of US citizenship) or a document on loss of US
citizenship or a modified form ( Form 8BEN), issued by the Bank to the Customer.
The Customer is not a US citizen and/or a US tax resident, but his/her registration address/actual address
is in the US and/or holds a phone number which is registered in the US and/or an authorized
representative on opening the account has a registration address/actual address in the USA and/or the
Customer gives the Bank a standing payment order to transfer funds to an account existing in the US, the
Customer must provide the Bank with a Certificate of Foreign Status of Beneficial Owner for United
States Tax Withholding and Reporting developed by US Tax Service (see the link:.
http://www.irs.gov/pub/irs-pdf/fw8ben.pdf) or modified form (form W-9) issued by the Bank to the
Customer.
If the Form W-9 and the Form W-8BEN are not provided within 14 (fourteen) calendar days from the
date of signing the relevant application, as well as in case of receiving additional notice from the Bank,
within the term specified in the notice, the Bank shall not be liable for additional obligations incurred to
the Customer under the US tax legislation due to the failure to provide the said form, in addition, the
Bank has the right to provide the authorized service with any information and/or documentation related
to the Customer kept with the Bank (including personal data, Bank accounts, financial transactions, etc.)
in order to ensure the requirements specified in the FATCA or IGA agreement.
In accordance with the purpose of the FATCA and requirements provided by the IGA:
The Customer declares that the information provided by him/her to the Bank is true and correct;
The Customer undertakes to:
Give the Bank notice on any circumstances that may lead to a change in the information provided in the
above forms, within 30 (thirty) calendar days from occurrence of such circumstances;
Cooperate with the Bank.
Before providing the information to the Bank, obtain all necessary permissions on the processing of
personal data of persons about which provides the information to the Bank, under the rule stipulated by
the Legislation.
The Customer is responsible for any damage (loss), any action, expense, obligation that may be imposed
to the Bank under the FATCA and IGA agreement, as a result of non-fulfillment of the obligations
stipulated by the above-mentioned forms
The Customer shall not, without prior written consent of the Bank, transfer to the Third Party liability
assumed by it under the Agreement and/or Other agreement(s) associated thereto (including Annex(es)).
12
General Terms and Conditions of Bank Service
3.53.
3.54.
3.55.
3.55.1.
3.55.2.
3.55.3.
3.55.4.
3.56.
3.57.
3.58.
4.
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
Refusal of the Bank excludes the possibility of any above indicated actions and accordingly any action
exercised through breach of this rule is void and shall not bear legal consequences unless otherwise
explicitly envisaged by the Legislation in particular cases. Furthermore, this provision does not imply the
reservation that the Customer should personally perform obligations and does not exclude the right of the
Bank to accept performance from the Third Party, notwithstanding the consent of the Customer.
If the Customer is a minor and he / she is represented by a legal representative in the bank , the legal
representative agrees in advance to pay commission fees, penalties (fines) and other payments that may
arise in connection with the use of banking products / banking services.
If the Customer uses an Overdraft and/or a credit card and at the same time, any kind of legal restrictions
is fixed in the Customer 's name, regardless of what is indicated in the notice of debt and/or in the
Extract and/or in any other type of documents, the restrictions will be extended to the amount placed on
the Overdraft and/or credit card account after the stating of legal restrictions.
The Сustomer is familiar with the information, that according to the rules of law of Deposit Insurance
Systems, from January 1st 2018, the amount of the Deposit and/or the amount placed on all account of
the Customer, in each commercial bank, is insured and will be reimbursed by the Deposit Insurance
Agency, through the amount of 5 000 (five thousand) GEL, despite the number of deposits/accounts and
the rest amount will be reimbursed according to the legislation. For more information visit the web-site
of the Deposit Insurance Agency: www.diagency.ge. Therefore:
In case covered incident occurs, the amounts existing on the Сustomer 's accounts (including in foreign
currencies) in the same commercial bank will be summarized and the Deposit Insurance Agency will be
charged up to 5 000 (five thousand) GEL and if the sum exceeds 5 000 (five thousand) GEL, the rest will
be paid in accordance with the applicable Legislation;
The amount of money on all the accounts of all natural persons in the commercial bank is automatically
insured without additional payments;
The Deposit Insurance Agency will give compensation within the period of 20 (twenty) calendar days
from the date of insurance incident, regardless of whether the commercial bank has relevant funds;
Paying Currency - GEL.
In order to provide services to the Customer by the Bank and /or by other clients of the Bank, the Bank
shall be authorized to provide the Customer and/or Third Party with the information on the Customer's
Creditworthiness by the form and content defined by the Bank.
The Bank is authorized, without the breach of the Legislation and in accordance with the rules and
procedures defined by the Bank, for the purpose to process and perform the Transactions under the
Customer's order, establish different amount of commission fees, taking into account the financial and
human resources of the Bank.
The Bank is authorized, without the breach of the Legislation and in accordance with the rules and
procedures defined by the Bank, to work out the information (including personal data) provided by the
Customer to the Bank in relation with the one Banking Product/Banking Service in case of any other use
of the Banking Product/Banking Service by the Customer for the purpose to exercise the rights of the
Bank.
List of the Bank products:
Account;
Automatic Payments;
Permanent Payment Order;
Card;
E-mail Banking;
Internet Banking;
13
General Terms and Conditions of Bank Service
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
4.15.
4.16.
4.17.
4.18.
4.19.
4.20.
4.21.
4.22.
Mobile Banking;
SMS Banking;
Tskapplication;
Pay Sticker;
Card Security Service;
Credit;
Card 3D security;
Elva;
Electronic Moneybox;
Courier service;
Telephone Banking;
Card delivery service at the place of stay;
Digipass;
Standard Deposit (36, 48 or 60 months accumulative);
Conversion of Money via the Electronic Trading Platform.
QR PAYMENT.
5.
5.1.
Rights and obligations of the parties
In order to ensure the performance of the Agreement and/or Other Agreement Associated thereto, the
Parties:
have right to exercise in full and properly the rights provided by the Agreement, Other Agreement
Associated Thereto and/or applicable Legislation;
Are obliged to fulfill, in full and properly, the obligations provided by the Agreement, Other Agreement
Associated Thereto and/or applicable Legislation.
The Bank is entitled, at its discretion and unilaterally, without additional consent and acceptance of the
Customer to:
Completely or partially terminate and / or temporarily cancel Banking services, at any time, about of
which the Bank will notify the Customer in accordance with the terms specified in the Agreement,
though failure to fulfill aforesaid obligation by the Bank, will not be considered as a violation of the
terms and conditions of the Agreement.
Periodically seek information about Customer which may be kept in the Group Companies;
Periodically transfer information about Customer to a the Group Companies;
For the purpose of sending / delivering the relevant correspondence to the Customer, transfer to the
courier service personal data of the Customer, the Customer's authorized representative, or other persons
authorized to receive / accept correspondence sent to the Customer;
Fully or partially, transfer / delegate the rights and obligations provided by the Agreement to a Third
Party;
Transfer any existing information related to the Customer (notwithstanding that this kind of information
was received directly from the Customer or any other means) to the Third Party, for full and proper
performance of Bank's obligations or for monitoring of fulfillment the obligations, taken under the
Agreement by the Customer.
Write off the funds from Customer's Account (s), used in order to ensure the requirement and dispose it
to cover the relevant requirement;
Send the Order details (whether the Order is executed or not) of the Customer and/or any
data/information existing in the Bank to the Recipient, as well as to Any Third party which is/may be
related to the fulfillment of the Order;
5.1.1.
5.1.2.
5.2.
5.2.1.
5.2.2.
5.2.3.
5.2.4.
5.2.5.
5.2.6.
5.2.7.
5.2.8.
14
General Terms and Conditions of Bank Service
5.2.9.
5.2.10.
5.2.11.
5.3.
5.3.1.
5.3.2.
5.4.
5.4.1.
6.
6.1.
6.1.1.
6.1.2.
6.1.3.
6.1.4.
Provide law enforcement agencies or other Third Parties with information about the Customer or
Banking products/Banking services related to the Customer if the Bank considers that providing such
information will help to in avoid the occurrence of damage or its reimbursement;
Use any communication channel to send the automatic voice notification in order to provide any kind of
information to the Customer, including using a fixed telephone, if the fixed telephone number is
provided in the application, submitted by the Customer to the Bank. The Bank is released from any kind
of obligations, sending automatic voice notification, including with the help of a fixed telephone
number, the consequence of which can be the transfer of information about the Customer to a third
party.
Keep the existing correspondence of the Customer with the Bank (both material and electronic) and
telephone records. In addition, the Customer confirms that the data (information) determined by this
clause may be used by the Bank as an evidence, it is the property of the Bank and has legal force.
The Customer undertakes to:
Use the required Banking Product/Banking Service (unless otherwise directly provided by the Banking
Product/Service) at least once within 12 (twelve) months after submitting the Application to the Bank. If
the Customer does not use the requested Banking Product/ Banking Service within the specified period,
the Bank has the right to unilaterally terminate/suspend the relevant Banking Product/ Banking Service.
Termination/suspension of one of the Banking Products/ Banking Service will not lead to
termination/suspension of another Banking Product/ Banking Service. In addition, if only one Bank
Product/ Banking Service remains in the use of the Customer, in case of its termination, the Bank is
entitled to unilaterally terminate the Agreement ahead of schedule.
If the information/data specified in the Application/submitted to the Bank in any form are changed,
immediately notify the Bank in writing form about changes. For the avoidance of any doubt, the Bank
will not be liable if the information fixed in the Application or provided to the Bank in any form does not
correspond to the Customer's identification data and as a result the Customer cannot accept the Services
provided by the Agreement or the confidentiality of information will be violated. Prior to giving notice
on the relevant changes, any communication from the Bank regarding to available data will be treated as
properly sent to the Customer and the Bank will not be liable for any possible violation of confidentiality
of the information or caused damage/loss.
The Customer has the right to:
At any time and on the basis of the relevant Application, request the Bank to terminate the Banking
product/Banking Service, if the Customer will not have any outstanding obligation (financial or any other
obligation) towards the Bank as a result of usage the specific Bank product/ Banking Service.
Representations and Warranties
The Customer represents and warrants that:
As of the moment of executing/signing the Agreement and/or Other Agreement Associated Thereto,
he/she/it is/will be capable (including under the rule stipulated by the Legislation);
He/she/it has obtained all necessary permits, approvals or proxies for the purpose of execution/signing
and implementation of the Agreement and/or Other Agreement Associated Thereto;
While providing Banking Service by the Bank, the information/data submitted/transferred by the
Customer to the Bank is true, correct and complete;
By carrying out the Operation no terms and conditions of other Agreements or other liabilities of the
Customer (where applicable) or any legislation, provision, rule, order, judicial decision, decree,
instruction, court decree or any restriction established by the state, state or regulatory, judicial or
arbitration authorities to be met by the Customer will be breached. Carrying out the Operation under
this Agreement will not resist or breach any agreement, contract, license or other agreement the
Customer is a party to;
15
General Terms and Conditions of Bank Service
6.1.5.
6.1.6.
6.1.7.
6.1.8.
6.1.9.
6.1.10.
6.1.11.
6.1.12.
6.1.13.
6.1.13.1
6.1.13.2
6.1.13.3
6.2.
6.3.
He / She will obtain all required consents, authorizations or power of attorneys for authorization that
will be required in the future for concluding and fulfilling of the Annex and/or Other Agreements
Associated Thereto;
The Agreement and/or Other Agreement Associated Thereto are/will be executed by him/her/it
voluntarily, without any violence, threat, cheating, misleading and/or any other circumstances on behalf
of the Bank or the Third party;
Execution and implementation of the Agreement and/or Other Agreement Associated Thereto does
not/will not cause violation of those contractual, judiciary (including arbitration), legislative and/or other
obligations which he/she/it is responsible for to fulfill;
By the moment of executing/signing the Agreement and/or Other Agreement Associated Thereto,
he/she/it does not participate in any dispute (as a plaintiff, defendant, third party or otherwise) which
expose to danger his/her/its assets/property and/or performance of the terms of the Agreement and/or
Other Agreement Associated Thereto;
By the moment of executing/signing the Agreement and/or other Agreement Associated Thereto and for
their entire effective term, his/her/its activities and/or actions comply/will comply with own charter
and/or other regulatory document and local and/or international legislation;
By the moment of executing/signing the Agreement and/or Other Agreement Associated Thereto and for
their entire effective term, he/she/it fulfills/will fulfill the terms of any agreement and/or other
covenants, and/or other commitments, disregard of which may have adverse effect on carrying out of
obligations assumed by the Customer under the Agreement and/or Other Agreement Associated Thereto;
His/her/its actions are/will not be intended to cheat the Bank. Taking into account this principle, the
document and/or information submitted by him/her/it to the Bank for the purpose of execution and/or
implementation of the Agreement and/or Other Agreement Associated Thereto, at the moment of
submission, is/will be true, correct and complete. Also, he/she/it is aware that submission of false
documents and/or information represents the punishable offence according to the Legislation;
He/she/it is aware that the Bank’s policy strictly prohibits participation of a director, authorized person,
representative, employee, other staff or related person and/or affiliated entity in such actions which
stipulate offering or accepting of any valuable thing/non-material property (directly or indirectly) for the
purpose of receiving benefit by any of the persons, Bank, related person and/or affiliated entity or its
customer in order to unfairly acquire or retain business or other business-related advantage;
Neither he/she/it (including his/her/its director, authorized person, representative, employee or other
staff) nor person related to him/her/it and/or affiliated entity:
Has not directly or indirectly paid or received (or has been involved in any deal which provides for the
payment or receipt of) any illegal and/or hidden commission fee, bribe or compensation which may be
related to the Agreement and/or Other Agreement Associated Thereto; and/or
Has not offered or accepted any valuable thing/non-material property, which may have affected the
actions of the Bank, its director, authorized person, representative, employee, other staff or related
person and/or affiliated entity, and neither the above-mentioned persons have threatened his/her/its
property or reputation in order to unfairly acquire business-related advantage, or do the business; and/or
Was not otherwise involved in the corruptive activity.
The Customer’s representations and warranties are effective until full and proper performance of the
obligations assumed by the Parties under the Agreement and/or Other Agreement Associated Thereto,
despite full or partial termination of the Agreement and/or Other Agreement Associated Thereto.
The Customer will inform the Bank immediately in writing form with regard to all circumstance(s)
which may be inconsistent with his/her/its above representations and warranties and/or cause their
violation; Also, he/she/it will notify the Bank on any circumstances which may expose to danger the
Customer’s assets/property and/or full and due performance by the Customer of obligations assumed
under the Agreement and/or Other Agreement Associated Thereto.
16
General Terms and Conditions of Bank Service
6.3.1.
6.3.2.
6.3.3.
7.
7.1.
7.2.
7.3.
7.4.
7.5.
7.6.
7.6.1.
The Parties declare and acknowledge that the Bank concludes/will conclude and fulfill the obligations
under the Agreement and/or Other Agreement Associated Thereto only on the basis of the above
representations and warranties of the Customer.
The Customer will take all necessary measures to ensure that the persons related to him/her/it (including
without limitation the Additional Card Holder(s)), during the term of this Agreement, will not take any
actions violating the warranties included herein;
In case of violation the abovementioned representations (not restricting the Bank’s right to claim for
damages which may be caused by such violation of these warranties), if the Customer will not be able to
eradicate the violation within ten (10) Banking Days upon receipt of the notification, the Customer agrees
to reimburse and keep the Bank protected against any damages (including without limitation any
consequential damages), claims, costs (including without limitation the costs incurred by the Bank to
enforce its rights), legal proceedings and any other liabilities which may arise as a result of such
violation.
Liabilities of the parties
Unless otherwise defined by the Agreement and / or Other Agreement Associated Thereto, The Customer
agrees and represents that in the process of providing the service defined by the Banking Product, the
Bank shall be fully relieved from any responsibility against the Customer (including of compensation of
any direct or indirect damage (loss) which may be caused without the Bank’s guilty action.
Neither of the Parties shall be held responsible for their failure to meet their obligations under the
Agreement and/or Other Agreement Associated Thereto in full or partially, or for improper fulfillment
their obligations during the Force Majeure circumstances.
The Party claiming the existence of Force Majeure must notify another Party within reasonable period,
but not later than in 5 (five) banking days about the relevant Force Majeure circumstance(s) and its
(their) estimated duration, otherwise the Party may lose the right to rely on Force Majeure as an excuse
for release from responsibility.
If the Force Majeure circumstance(s) indicated in the notification does (do) not represent universally
acknowledged facts (circumstances), or another Party challenges their certainty, in 30 (thirty) calendar
days since the receipt by the respective Party of the Force Majeure circumstance(s) notification or since
the receipt by the respective Party of the notification challenging the Force Majeure circumstance(s)
certainty, the existence of the Force Majeure circumstance(s) shall be confirmed by an authorized body
defined by the Legislation.
If Force Majeure lasts for more than 30 (thirty) calendar days since the receipt by the respective Party of
the notification about Force Majeure circumstance(s) or since the receipt of an conclusion of the duly
authorized body confirming the existence of the Force Majeure circumstance(s), in 15 (fifteen) calendar
days since the expiry of the above-mentioned term of 30 (thirty) calendar days the Parties shall make
decision about the Agreement, otherwise the Agreement shall be deemed null and void.
To ensure full and proper fulfillment of the obligations existing towards the Bank (including the
Customer’s obligations that arose in a direct relationship with the Bank or the obligations that arose on
the basis of a claim acquired by the Bank from a Third party) by the Customer and consequently, with the
purpose to realize Bank’s rights and claims, the Bank is authorized, at its discretion, without
further/additional consent and / or acceptance from and / or notification of the Customer:
Not to fulfill any obligation towards the Customer, including not paying any payables to the Customer,
which will considered (deducted) with corresponding amount, against the Customer’s obligation,
including the payable to the Bank. The Bank is authorized to deduct the obligations even if the term of
fulfilling one of the demands (Bank’s or Customer’s claim, respectively) has not occurred at the moment
of carrying out deduction; and/or
17
General Terms and Conditions of Bank Service
7.6.2.
7.6.3.
7.6.3.1.
7.6.3.1.1.
7.6.3.1.2.
7.6.3.1.3.
7.6.4.
7.6.4.1.
7.6.4.2.
7.6.4.3.
7.6.4.4.
7.6.4.5.
7.7.
7.8.
7.9.
To write off any payables, without acceptance, from any Account of the Customer and if the payable and
the amount on the account of the Customer are in different currencies, the Bank shall carry out
conversion at its exchange rate effective by the date of payment, write off, without acceptance, the fee
for conversion service from the Account and use the converted amount to cover corresponding payable;
and/or
To allow Overdraft, without acceptance, in the amount of corresponding payable on any Account of the
Customer for a maximum term of one year, in accordance with the rules and conditions of the Bank,
and/or increase the amount of existing overdraft and use corresponding amounts to cover corresponding
payables. For this purpose, the Customer explicitly and unconditionally confirms that:
If by this time the Overdraft already is allowed on the Customer’s Account(s):
(a) In such a case, the Bank is authorized to unilaterally (without a further consent of the Customer)
increase the Overdraft limit in the amount of a corresponding payable;
(b) Conditions set forth in the Overdraft agreement shall apply to the amounts expended within the
limits of increased Overdraft;
(c) In case of transferring amount(s) on the Customer’s Account, the amount of the Overdraft allowed
will automatically decrease to the amount defined in the Overdraft agreement.
If by this time the Overdraft is not allowed on Customer’s Account(s):
In such a case, it is not necessary for the parties to sign the Overdraft agreement and / or any other
document and the Bank is authorized to unilaterally allow the Overdraft on the Customer’s Account;
The Overdraft will be allowed in the amount of corresponding payable;
The amount expended within the limits of the Overdraft and paid to cover corresponding payable will be
charged with the highest Interest Rate set in the Bank;
The Overdraft will be allowed for three (3) months and the violation of the term of payment of used
Overdraft amount will be the subject of fine in the amount of 0.5% (zero point five percent) of the
unpaid amount for each day of delay;
The Overdraft will be subject to other provisions of the Terms and Conditions.
Taking into consideration that the Bank acts at the Customer’s Order when providing the Services, the
Customer agrees to indemnify and hold the Bank harmless against any damages, losses, legal costs, claims
of the Customer or any other third party (including, without limitation, the additional card holder(s)),
actions or suits, as a result of which the Bank suffered damages or losses. Furthermore, the Customer shall
indemnify and hold the Bank harmless against the damages arising from the use of the Banking Service
stipulated by the Agreement (including, without limitation, the Remote Banking Services), or against the
damages arising as a result of the operation carried out via such services (including, without limitation,
the Remote Banking Services); the Customer acknowledges that the abovementioned Operations will be
carried out in accordance with the Orders and Authorization received by the Bank under these Terms and
Conditions and any other relevant special conditions, agreements, contracts or similar instruments. The
Customer also agrees and confirms that the indemnification provisions shall stay in effect and binding
upon the Customer even if the above Banking Services are cancelled either in full or in part;
The Customer agrees to and declares that he/she might need to sign and fulfill additional agreements,
statements or other similar documents on indemnification, in particular, with regard to the Operations
which have been carried out via the Access Codes(s). Such additional agreements, statements and similar
documents shall be added to and not exclude the indemnification provisions specified herein;
Notwithstanding the provisions of the Agreement, the Bank shall not be liable towards the Customer for
such damage or loss that directly or indirectly arose in connection with these Terms and Conditions.
Notwithstanding mentioned above, the Bank excludes the existence of any liability for damage or loss,
profit, business, income or loss of planned savings that are related Banking Service defined by the
Agreement;
18
General Terms and Conditions of Bank Service
7.10.
7.11.
7.12.
7.13.
7.13.1.
7.13.2.
8.
8.1.
8.2.
8.3.
8.4.
9.
9.1.
9.2.
The above-mentioned provisions on indemnification and limitation of liability shall apply to the Bank’s
executives, directors, employees, representatives and agents, except the cases when the damages are
caused by the negligence, neglect of official duties or deliberate actions or violation of the Terms and
Conditions of the Agreement (including, without limitation, violation of these Terms and Conditions) by
the Bank or the abovementioned persons;
The Provisions of this Article shall stay in effect even if the services under this Agreement are terminated
until the Parties will fulfill all obligations under this Agreement .
The Parties will bear full responsibility for damages / loss, if such damage / loss arose as a result of
violation of the rules established by the Legislation related to the payment instrument, as a result of
deliberate acts or negligence of both Parties.
In order to ensure full and proper fulfillment of the obligations under the Agreement and/or other
Agreement Associated Thereto by the Customer, and accordingly in order to ensure the rights and
requirements of the Bank, the Customer gives consent to the Bank's full rights:
In case of several due payables, at its own discretion, to determine the sequence and order of payment of
the loan and payables within its scope.
Until full and proper repayment of any due payables provided by the Agreement or / and Other
Agreement Associated Thereto, without acceptance and in compliance with rules of the Bank, block the
Account (s) of any type of the Customer.
Settlement
Settlement between the Parties shall be carried out in cash and/or non-cash manner.
Any kind of financial obligations defined by the Agreement must be fulfilled (paid) within 10 (ten)
calendar days since the date of generation of financial obligation (since the overdue day of discharging
the obligation, the day of requesting to meet the liability for the Fine, etc.) unless otherwise stipulated by
the Agreement and/or Other Agreement Associated Thereto. At the same time, if the day of discharging
the obligation (payment day) falls on a non-business day or a day off, the next Banking day shall be used.
The settlement will be carried out in Georgian national currency according to the official rate established
by the National Bank of Georgia on payment date, unless otherwise will be defined by Legislation .
While making payment in non-cash manner, the funds must be enrolled on the Bank Account of a
respective Party defined by Agreement and/or Other Agreement Associated Thereto or other bank
account additionally agreed between the Parties.
Communication between the Parties
Unless otherwise specified by the Agreement or stipulated by the Legislation, all notifications and other
information related to the Agreement shall be provided by the Bank to the Customer by means of any
communication, including
placement the information/notification on the Website
www.bankofgeoagrgia.ge and/or service centers and/or by the currier, registered mail, fax, e-mail, as well
as sending information/notification via remote channels to the address specified by the Customer in the
Application or by other means of communication defined by the Bank.
Any official communications between the Parties must carried out be in writing form, unless otherwise
specified by the specific Banking Product/Banking Service. A written notice sent to the Party may be
delivered personally or sent by courier (including international courier) or post (including insured post).
For the operative purposes and taking into account the provisions outlined below, notice to another
Party may be delivered through telegram, telex, fax, email, sms, Internet Bank or any other operative
means established by the Bank, (including, when the sending Party is the Bank – by placing relevant
information on the Website), provided that in case of sending a notice by the Customer to the Bank, the
written notice will be delivered to the Bank in the reasonable time as well.
19
General Terms and Conditions of Bank Service
9.3.
9.3.1.
9.3.2.
9.4.
9.5.
9.6.
10.
10.1.
10.2.
10.2.1.
10.2.2.
10.2.3.
10.2.4.
10.3.
10.4.
A notice will be deemed delivered on the delivery date if the recipient confirms such delivery (including
through electronic document, receipt, other relevant means of communication, etc). If the receipt of a
notice is not confirmed by the recipient, any such notice will be deemed duly sent and received:
In case of sending a written notice or telegram by courier or insured post – (a) if a notice is sent by the
Bank, within 3 (three) calendar days after sending, or on the date on confirmation of delivery (whichever
occurs first); (b) if a notice is sent by the Customer, on the next Banking day of registering the notice at
the chancellery of the Bank;
In case of sending through fax, telex, email and/or other electronic means (including, when the sending
party is the Bank – by placing relevant information on the Website) – (a) if a notice was sent by the Bank,
on the next Banking day of sending a notice; (b) if a notice was sent by the Customer, as of the date of
confirmation by the Bank of receiving a notice or as of the date of confirming receipt by means of
exercising relevant action;
A notice will be deemed received even in case the sending party receives back a notice due to absence of
the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids
receiving a notice.
The Parties will execute relationship at the addresses/contact data outlined in the Agreement and/or
Other Agreement Associated Thereto (or at any other address which one Party will inform the other in
writing). The Party is obliged to notify another Party in time about change of address/addresses or any of
the data, otherwise communications carried out at the address provided by the Party (sending notices,
etc.) shall be deemed duly performed.
The Agreement may foresee carrying out communication through one of the specific forms of
communication envisaged in paragraph 9.1 of the Agreement, or in a different form.
Confidentiality
The Parties are obliged to keep any kind of information received from the other Party confidential
throughout the entire period of the Agreement and after completion of the contractual relations.
The above mentioned limitation regarding to confidentiality will not refer to information or disclosure of
information:
Which was known without the breach of the Legislation to the information receiving Party prior to
transfering information by another Party;
Which will be disclosed by the Parties by adhering the requirements of the Legislation and for their due
performance (including for exercising its rights by any of the Parties through the court (including
arbitration court);
Which may be obtained from other sources;
Which will become available to the third party a) upon written agreement between the Parties, according
to which the Party disclosing information will be fully responsible for keeping confidential the
information received from the Third party b) independently by any of the Parties.
The Bank is authorized to transfer information (including personal data) related to the Customer to the
Third party for the purpose to execute the rights of the Bank as the result of failure to perform or duly
perform the conditions of the Agreement and/or the Other Agreements Associated Thereto by the
Customer, and/or for monitoring of fulfillment the conditions of the Agreement and/or Other Agreement
Associated Thereto by the Customer. To the purpose of connection to the Third party the Bank is
authorized to work out any information (including personal data) provided by the Customer to the Bank.
Notwithstanding the restriction provided in Paragraph 10.1. of the General Terms and Conditions, the
Customer grants the Bank the unconditional right, without the Customer’s additional consent/acceptance
and without limiting the number of searches, seek the data about the Customer existing at the database of
JSC Creditinfo Georgia (Identification code: 204470740) or any other institution with the similar
functions which may be operated or be established under Georgian or any other jurisdiction and transfer
20
General Terms and Conditions of Bank Service
10.5.
10.6.
10.7.
10.8.
10.8.1.
10.8.2.
10.9.
all information about the Customer’s positive and/or negative obligations (detailed terms and conditions
of the disclosure of information on negative obligations for JSC "Creditinfo Georgia" is available on the
web site: www.creditinfo.ge), including any changes and additions, to JSC Creditinfo Georgia or any
other institution with the similar functions, that causes information about the Customer to be kept in the
database of JSC Creditinfo Georgia or any other institution with the similar functions, the goal of which
are: a) collection, reproduction and dissemination of the data about the Customer related to the current,
discharged, non-fulfilled, overdue credit/loan or other financial obligation status; and b) analytical work
out of the information protected in the database (including for check of creditworthiness/solvency of the
Customer and/or other legitimate purpose). The Customer is aware, that: a) JSC "Creditinfo Georgia" is a
credit bureau and is authorized to work out/reproduce and transfer Customer’s information/personal data
to the third parties for the assessment, inspection of the Customer’s creditworthiness/solvency and/or
other legitimate purpose; b) all information to be transferred to and received from JSC Creditinfo Georgia
or any other institution with the similar functions, without any limitation, includes identification data of
the Customer, also names and identification data of the major shareholders/founders and the authorized
representatives of the Customer, grounds scope, purpose of the current debt, accrued interest, effective
term, actual terms under which the Customer pays the debt, the debt balance, number and identification
data of the collateral, and in case of existence of court (including arbitration court) litigation, the results
of such court (including arbitration court) litigation or execution proceedings as well as other
information needed for the database.
The Customer agrees that, in accordance with the rules established by the Legislation, the Bank, for
rendering one-time or repeatedly banking services for the Customer (directly or together with third
parties) (as well as for full and due performance of liabilities imposed by the legislation within the scope
of the said services) and within the said banking service, in order to ensure one-time and repeatedly
fulfillment of obligations by the Customer in full and properly (including one-time and repeatedly
receiving relevant information) and in size required for fulfillment of this goal, to use the database
(including an electronic database)of JSC "Credit Info Georgia" or any other establishment with similar
functions. In particular, one-time and repeatedly, to receive and apply information kept about the
Customer (including personal data) required for the Bank, as well to provide Credit Info Georgia or any
other institution with similar functions with information about the Customer (including personal data)
one-time or repeatedly providing that this latter shall be authorized to transfer any information about
the Customer provided by the Bank to Third Parties.
Information about the Customer may be kept in the database of the Bank or the Group Companies and
may can be used by the Bank or any of the Group Companies. The Information shall mean any kind of
information which may be recieved and/or kept by the Bank or any of the Group Companies as a result of
providing respective services to the Customer.
The Bank may link the information related to the Customer’s Account(s) and the services used by the
Customer with the information about other parties which the Customer has financial or similar relation
with (in particular, the Additional Card Holders).
The Bank is entitled, without additional, prior or further consent or acceptance of the Customer, to
transfer Information:
to the parties of the Agreement and/or other related agreement or of related security
contracts/agreements (if any);
to the Third Parties: a) for the execution the rights of the Bank rights in the event of non-performance or
improper performance of the obligations by the Customer and/or to monitor the fulfillment of the
Customer's obligations; b) Interested in buying/syndication Bank’s claims arising from the Agreement
and/or any other related agreements and/or delegation of Customer's obligations.
In order to receive certa Banking Services under this Agreement for the Customer, the disclosure of
Information may be required to the party who provides services to JSC Bank of Georgia or/and other
21
General Terms and Conditions of Bank Service
10.10.
10.10.1.
10.10.2.
10.10.3.
10.10.4.
10.10.5.
10.11.
10.11.1.
10.11.2.
11.
11.1.
Group Companies. In such case, the Bank must ensure that any party to whom the Bank will disclose the
Information about the Customer, will keep the Information confidential similarly to the Bank.
Measures against Money Laundering and Crime Prevention:
The Customer acknowledges that the activity of both the Bank and the Group Companies is regulated by
the Legislation of Georgia on Money Laundering and Crime Prevention. Therefore, the Bank and the
Group Companies are obliged to identify the Customer and a source of income of the Customer before the
Account of the Customer opened in the Bank will become active. If the Customer fails to give answers to
all questions given in the application or fails to present any required information to the Bank, the Bank
may reject the Customer’s Application on Banking Services.
According to this Agreement, the Customer gives unconditional consent to the Bank to transfer the
information about the Customer (especially, about international money transfers, recipient of the sums
transferred from the Customer’s account or the sums transferred to the Customer’s Account) to the
relevant authorities fighting against money laundering (both in Georgia and abroad) without giving prior
notice to the Customer. Such information, without limitation, includes names and ID data of those
persons, the Customer has financial contacts with (in particular, the additional cardholder(s));
In special cases, in consequence of crime prevention measures, the Customer’s order fulfillment and
receiving money may be delayed, but as far as possible, the Bank will explain the Customer the causes of
delay;
Disclosure of information to the money laundering and crime prevention authorities will not be deemed
as violation of confidentiality under the provisions defined herein; Neither the Bank nor the Group
Companies will be liable for any direct or consequential damages suffered by the Customer (including,
without limitation, lost income), resulted from the observance of such Legislation.
The Bank is authorized, in order to provide single or multiple Banking Services to other Customers or
single or multiple provision (including for monitoring) of full and proper fulfillment by other Customers
of undertaken obligations and within the size required for implementation of this goal, to apply the
Customer single or multiple time and accordingly to deliver or receive the information (including
personal data) regarding any other person/Customer who is interested in its service.
Customer declares its prior consent to provide the Bank with full powers:
Work out the customer's personal data and/or any other information (Including transfer to other states
and international organizations) by itself or through the data proccessor defined by the Law of Georgia
on Personal Data Protection, in accordance with the requirements established by the legislation, received
by the Bank during the use/consumption/offer of services and/or products provided to the customer by
the Agreement, for conducting research to improve banking services / banking products or for the
purposes of any other service/offer which may be made to the Customer by the Bank. The processing of
personal data and/or the receipt of information is carried out in order to fulfill the rights and/or existing
obligations provided by the contract and/or related to it by another contract and / or under the legislation,
including when the Customer does not fulfills the obligations arising from the contract and / or related
with it by another contract(s) in order to find the Customer and / or ensure that the Customer has
fulfilled its obligations.
Make video and/or photo recording, to ensure the identification and/or security of the customer, at any
point (e) of the bank, its service center and/or in the partner organizations of the bank, including through
an ATM, self-service terminal and etc.
Claims and Disputes
The Parties may present claims arising from the Agreement and/or Other Agreement Associated Thereto
to each other in writing form and/or verbally. The Party receiving claim, is obliged to satisfy the claim
fully or partially within 15 (fifteen) calendar days or notify the other Party in writing form and/or
verbally on refusal to satisfy the claim.
22
General Terms and Conditions of Bank Service
11.2.
11.3.
11.4.
11.4.1.
11.4.2.
11.4.3.
11.4.4.
11.4.4.1.
11.4.4.2.
11.4.4.3.
Any dispute arising regarding the Agreement and/or Other Agreement Associated Thereto (including the
existence, interpretation, implementation and execution of the Agreement and/or other agreement
associated thereto) will be solved through negotiations. In case of negotiation failure, the Parties shall
apply to the court. Thereto, the Parties agree that the decision regarding the dispute made by the first
instance court in favor of the Bank shall be immediately executed.
Notwithstanding the provision outlined in Paragraph 11.2 of the General Terms and Conditions, in case
the dispute between the Parties has not been yet sent to the court, the Bank is authorized at its own
discretion to refer the disputed issue to the arbitration court according to the arbitration deal referred to
in Paragraph 11.4 of the Agreement. In such case, the Customer fully and unconditionally agrees to the
reservation regarding the arbitration court contained in this paragraph and gives consent that the dispute
be resolved by the arbitration court.
The Parties agree that in case of referring the disputed issue arising from the Agreement and/or Other
Agreement Associated Thereto to the arbitration court according to the rule established in Paragraph 11.3
of the General Terms and Conditions:
Disputed issue(s) shall be referred for discussion and final decision to the Permanent Arbitration court or
its successor;
Arbitration hearing shall be held in Georgia (Tbilisi), in the Georgian language, in consistent with the
norms of Georgian legislation (Legislation) and according to a version of the regulation/charter of the
Permanent Arbitration which will be in effect by the date of submitting the claim and shall not be fully
or partially inconsistent with the arbitration deal outlined in this Paragraph, unless otherwise determined
by the Agreement or otherwise defined by additional written agreement of the Parties;
If the cost of the dispute subject does not exceed GEL 100,000 (one hundred thousand) or its equivalent
in foreign currency (at the exchange rate established by the National Bank of Georgia as of the date of
submitting the arbitration claim), the dispute between the Parties shall be processed by the arbitration
court composed of 1 (one) arbitrator which is appointed by the Chairman of the Permanent Arbitration
Court from the list of arbitrators of the Permanent Arbitration Court within 7 (seven) calendar days from
submitting the arbitration claim;
If the amount of dispute exceeds GEL 100, 000 (one hundred thousand) or its equivalent in foreign
currency (at the exchange rate established by the National Bank of Georgia as of the date of submitting
the arbitration claim), the dispute shall be processed by the arbitration court comprised of 3 (three)
arbitrators appointed from the list of arbitrators of the Permanent Arbitration Court, one appointed by
each Party according to regulation/charter of the Permanent arbitration and the third – by the Chairman
of the Permanent Arbitration Court. Furthermore:
A claimant appoints the arbitrator within 7 (seven) calendar days after receiving the arbitration claim by
the court and a defendant - within 7 (seven) calendar days after transferring the arbitration claim to
him/her/it (if the defendant is represented by more than one person, term shall be counted from the date
following the day of delivery of the claim to any of them (the earliest shall be considered)). If more than
one person take part in the arbitration case hearing from any party, they shall jointly enjoy the right of
appointing the arbitrator;
The Parties shall grant the right to appoint the third arbitrator, who will be the Chairman of the
arbitration court at the same time, to the Chairman of the Permanent Arbitration Court who appoints the
arbitrator within 7 (seven) days after receiving the arbitration claim;
If any of the Parties does not appoint arbitrator within the time set in Sub-paragraph 10.4.4.1 of the
General Terms and Conditions, it will be deemed that such Party rejects the right to appoint the
arbitrator and thus transfers such right to the Chairman of the Permanent Arbitration Court. In such case
the Chairman of the Permanent Arbitration Court shall appoint an arbitrator from the list of arbitrators of
the Permanent Arbitration Court, within 7 (seven) days after the date of appointing the arbitrator by the
relevant Party expires.
23
General Terms and Conditions of Bank Service
11.4.5.
By the time of appointing an arbitrator according to the terms of the Sub-paragraphs 11.4.3 and 11.4.4 of
the General Terms and Conditions, the relevant Party shall submit to the Permanent Arbitration Court
written consent of the candidate;
11.4.6.
In case of impossibility to perform obligations for any reason, the authority of the arbitrator shall be
terminated upon his/her own application or by the Chairman of the Permanent Arbitration Court at own
initiative or upon justified written application of one of the Parties;
11.4.7.
A Party which intends to waiver the arbitrator is required to submit written application on waiver to the
Chairman of the Permanent Arbitration Court and the arbitrators within 7 (seven) calendar days after the
day it became known to such Party that such arbitrator was appointed or any other circumstances
envisaged by the Legislation which can serve as a basis for such waiver. The application should state the
reasons and motives of waiver. If the arbitrator under consideration does not self-waive the right or if the
other Party disproves such waiver within 7 (seven) calendar days after submission of the application on
waiver of the right, in such case the issue shall be considered by the Chairman of the Permanent
Arbitration Court within 7 (seven) days after expiry of this term. Such decision of the Chairman of the
Permanent Arbitration Court is final and is not subject to further claiming and the Parties agree not to
address a court to waive the arbitrator;
11.4.8.
Within 7 (seven) calendar days after termination of the authority of the arbitrator or waiver/self-waiver,
the Chairman of the Permanent Arbitration Court shall appoint the arbitrator from the list of arbitrators
of the Permanent Arbitration Court;
11.4.9.
Prior to hearing the case by the arbitration court or at any stage of hearing prior to final litigation, the
Party may solicit the Chairman of the Permanent Arbitration Court to apply the arbitration claim
enforcement measures. Such enforcement measures applied by the Chairman of the Permanent
Arbitration Court are mandatory and should be enforced on the basis of the executive order issued by the
Chairman of the Permanent Arbitration Court. Based on the above condition, the Parties agree that there
is no need to apply to court for execution of mandatory enforcement measures and acknowledgement of
such measures by court;
11.4.10.
Arbitration case hearing shall start as of the moment of submitting the arbitration claim to the defendant;
11.4.11.
If the amount of the dispute object does not exceed:
11.4.11.1. GEL 50,000 (fifty thousand) or its equivalent in foreign currency (at the exchange rate established by the
National Bank of Georgia as of the date of submitting the arbitration claim) and the dispute is processed
by the arbitration court composed of 1 (one) arbitrator, the arbitration court shall proceed with the case
without hearing;
11.4.11.2. GEL 200,000 (two hundred thousand) or its equivalent in foreign currency (at the exchange rate
established by the National Bank of Georgia as of the date of submitting the arbitration claim) and the
dispute is processed by the arbitration court composed of 3 (three) arbitrators, the arbitration court shall
proceed with the case without hearing.
11.4.12.
Arbitration fee or other payments associated with the arbitration as well as expenses shall be
borne/compensated by the losing Party.
11.4.13.
A defendant is entitled to file a counter claim against the arbitration claim within 7 (seven) calendar days
after receiving the arbitration claim. After expiry of such date without any results, it will be deemed that
the defendant refused the counter claim.
11.4.14.
Arbitration adjudication shall be made within 30 (thirty) calendar days after commencement of the
arbitration case hearing. If necessary, this term may be extended to the reasonable term not exceeding
the term established by the Legislation. The arbitration adjudication comes into effect as of the moment
of its issuance. The Chairman of the arbitration court within 5 (five) banking days after making decision,
which shall contain the motivation part together with other mandatory components, shall deliver the
decision to the Chairman of the Permanent Arbitration Court and such decision shall be given to the
Party upon its written or verbal request.
24
General Terms and Conditions of Bank Service
11.4.15.
Each Party is entitled to require from the arbitration court within 10 (ten) calendar days after receiving
arbitration decision but not later than within 30 (thirty) calendar days after making arbitration decision,
to:
11.4.15.1. rectify an error made in the calculations of the arbitration decision, typing or other similar errors;
11.4.15.2. give clarification with regard to any particular issue of the arbitration decision or with regard to any part
of this decision;
11.4.15.3. Make additional decision with regard to the requirements which were stated in the course of arbitration
hearing, but were not reflected in the decision.
11.4.16.
All communications between the Parties, Permanent Arbitration Court and arbitration court shall be held
through the chancellery of the Permanent Arbitration Court.
11.4.17.
The rules of hearing arbitration dispute and procedural issues on making arbitration decision which are
not regulated neither by the Agreement nor the regulation/charter of the Permanent Arbitration Court or
the Legislation, shall be resolved by the Chairman of the Permanent Arbitration Court, and after
establishment of the arbitration court – by the arbitration court.
12.
12.1.
12.2.
12.2.1.
12.2.2.
12.2.3.
12.3.
12.4.
12.5.
12.6.
12.7.
12.7.1.
12.7.2.
12.7.3.
Effectiveness and Termination of the Agreement
The Agreement becomes effective since the moment of its executing/signing by the Parties and stays
effective until full and proper fulfillment of obligations by the Parties.
In cases and under the terms defined by the Agreement, Other Agreement Associated Thereto and/or the
Legislation, early termination of the Agreement and/or Other Agreement Associated Thereto, in full or
partially, is possible:
on the basis of notice sent at any time by the Bank to the Customer, 30 (thirty) calendar days prior;
upon written Agreement of the Parties;
in other cases defined by the Agreement, Other Agreement Associated Thereto and/or Legislation.
If the Customer decides unilaterally to terminate in full or partially the Agreement, he/she/it shall notify
in writing form the Bank about the made decision, its basis and the date of its becoming effective, which
must not be less than 30 (thirty) calendar days. The Customer acknowledges and agrees that the
Agreement is not terminated until the Customer terminates such continuing operations (including
permanent payment order, repeating operations and continuing authorization issued by the Customer to
the goods or service provider and which involves the regular charging his/her/its accounts for required
amounts) related to the Customer’s Account(s).
In case stipulated by the sub-paragraph 13.1.2 the Customer has the right to terminate the agreement
immediately and in case of disagreement of the Customer to Modifications / Amendments, the Bank is
entitled to terminate the agreement after coming effect of such Modifications / Amendments, at any
time.
Termination of the Agreement and/or other Agreement Associated Thereto in full or partially does not
relieve the Customer from fulfillment (payment) in full and properly of obligations assumed under the
Agreement and/or other Agreement Associated Thereto and/or the obligations established by the
Legislation before the moment of compulsory or voluntary enforcement of such obligation.
If the Bank and/or the Customer decide to terminate any service of Banking Product, the agreement in
this respect will remain valid for the mentioned Banking Product only.
In case of termination of the Agreement:
All Cards must be returned to the Bank.
All access codes must be cancelled.
The Customer is obliged to pay all amounts due under this Agreement to the Bank (including without
limitation taxes, commission fees, overdrafts/unauthorized overdrafts, amounts credited on the account)
as soon as possible.
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General Terms and Conditions of Bank Service
13.
13.1.
13.1.1.
13.1.2.
13.2.
14.
14.1.
14.2.
14.3.
14.4.
14.5.
14.6.
14.7.
14.8.
Modifications and Amendments
The Bank is authorized to change Terms and Conditions of the Agreement and/or any condition of any
Banking Product (including but not limited amount/volume of any Banking Product, the period of
validity and/or amount/volume of the Commission fee, interest rate, payment, penalty and/or other
duties and/or charging rules of it and/or payment date) at any time, without further consent or
acceptance of the Customer, by placing relevant information on the Website and/or through other means
acceptable to the Bank, unless otherwise is defined by the Legislation. Such change is mandatory for the
Customer from the Banking Day following the day of its publishing, unless otherwise is defined by the
Bank and/or the Legislation. Also, the changes above may deal with the Person, target group of the
Persons.
In case the modification/amendment is carried out in favor of the Customer and/or does not change to
worth the Customer's status and / or the modification / amendment concerns a new payment service that
does not replace and / or change the payment service stipulated by the agreement, the Bank is not obliged
to notify the Customer about this kind of modification/amendment.
If the Legislation stipulates a notice prior to the effective date of the modification/amendment, any such
modification/amendment will be deemed as agreed with the Customer, unless the Customer notifies the
Bank of its disagreement with the modification/amendment.
Amendments and modifications introduced to the Agreement represent an Annex and integral part of the
Agreement.
Other Conditions
The Parties confirm that the contents of the Agreement explicitly expresses the will of the Parties and
that the expression of such will occurred as a result of reasonable judgment of the contents of the
Agreement and not solely based on literary meaning.
Each and every right which is granted to the Party as a result of breach by the other Party of the
Agreement, other Agreement Associated Thereto and/or full or partial breach of the Legislation is
collective and shall be added to all other rights granted by the Agreement, Other Agreement Associated
Thereto and/or the Legislation.
No usage by a Party of the rights granted by one of the Parties to the other with regard to full or partial
breach of the Agreement, Other Agreement Associated Thereto and/or Legislation shall not apply to any
subsequent breach of the Agreement, Other Agreement Associated Thereto and/or Legislation.
Annulment of any of the article(s), paragraph(s) and/or sub-paragraph(s) of the Agreement and/or Other
Agreement Associated Thereto will not cause annulment of other paragraph(s) and/or sub-paragraph(s) of
the Agreement and/or Other Agreement Associated Thereto. Instead of annulled provision, other
provision will be used which will allow easier achievement of the goal envisaged by the Agreement
and/or Other Agreement Associated Thereto (including by annulled provision).
Words used in singular in the Agreement and/or Other Agreement Associated Thereto imply plural and
vice versa, as the context may require.
Articles, paragraphs and or sub-paragraphs of the Agreement and/or Other Agreement Associated Thereto
are numbered and titled for convenience and this fact has no significance for the purposes of
interpretation of the Agreement and/or Other Agreement Associated Thereto.
Highlighted text in the Agreement and/or Other Agreement Associated Thereto is given for setting off the
terms, for convenience only, and this fact has no significance for the purposes of interpretation of the
Agreement and/or Other Agreement Associated Thereto.
Article(s), paragraph(s) and sub-paragraph(s) of the Agreement fully apply to the Annex of the Agreement
and Other Agreements Associated Thereto. Furthermore, in case of controversy between the terms of the
Agreement, Annex to the Agreement or Other Agreement Associated Thereto, the terms of such Annex
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General Terms and Conditions of Bank Service
14.9.
14.10.
14.11.
14.12.
and Other Agreements shall prevail with regard to the issues regulated by such Annex or Other
Agreement Associated Thereto.
The Agreement and/or Other Agreement Associated Thereto with their liabilities and benefits are applied
and mandatory to the legal successors/assignees of the Parties, unless otherwise envisaged by the
Legislation, taking into consideration the contents of the Agreement and/or Other Agreement Associated
Thereto and/or its/their article(s), paragraph(s) and sub-paragraph(s).
The Customer is not authorized, without prior written consent of the Bank, transfer or delegate the
obligations assumed or the rights granted to him/her/it under the Agreement and/or Other Agreement
Associated Thereto (including Annex) to the third party. Refusal of the Bank excludes the possibility of
any above indicated actions and accordingly any action exercised through breach of this rule is void and
will not bear legal consequences unless otherwise explicitly determined by the Legislation in particular
cases. Furthermore, this provision does not exclude the right of the Bank to accept performance from the
Third Party, notwithstanding the consent of the Customer.
The Agreement is interpreted and regulated according to the Legislation. The cases that are not defined
by the Agreement and/or Other Agreement Associated Thereto, the Parties shall adhere to the norms
established by the Legislation regulating relevant relationships and/or additionally agreed terms.
The Agreement and/or Other Agreement Associated Thereto are made in the Georgian language. If the
Customer does not understand Georgian and/or its writing, or the Parties or one of the Parties’ wishes,
then Agreement and/or Other Agreement Associated Thereto may be drawn up and concluded in other
languages acceptable to the Parties. When interpreting the Agreement and/or Other Agreement
Associated Thereto, the Georgian version shall prevail. These norms also apply to the relations between
the Customer and the Bank and/or design or interpretation of the Agreement and/or Other Agreements
Associated thereto or any other document.
27