The Notification for the Revisions of HSBC General Agreement - HSBC

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Date：02 NOV 2009 The Notification for the Revisions of HSBC General Agreement

1.	HSBC will revise the certain part of HSBC General Agreement. This change will be effective from 17 Nov 2009. The original one is still applicable before the effective date.
2.	This Amendment is to adjust the Article 5 “ATM Card and Visa Debit Card Services” of the “HSBC General Agreement” (hereinafter the “General Agreement”). The original clauses of “ATM Card Services” will be sorted under “V-1. Terms and Conditions for ATM Card” and Visa Debit Card Terms and Conditions will be added under “V-2. Terms and Conditions for Visa Debit Card” in the Article 5 “ATM Card and Visa Debit Card Services” and will be published at prominent place at our business locations or on our website.
3.	The language of the Visa Debit card T&C and relevant services is Chinese. The English version of Visa Debit card T&C is solely for reference purpose only and a legally definitive translation of the original Chinese text. In the event a difference arises regarding the meaning herein, the original Chinese version will be prevail.
4.	According to the Terms and conditions of the General Agreement, the Bank may, post at visible area of the Bank’s branches or announced on the Bank’s Internet main page at least 14 days in advance, amend the terms and conditions of General Agreement. If the Customer disagrees with such amendments, he/she/it may notify the bank in written form within the 14-day notification period to terminate the previous terms and conditions with the as well as transactions and services with the Bank. The Customer needs to be cooperative with the Bank in account closing procedure. If the Customer fails to notify of termination within the 14 days notification period and continues to conduct transactions with or using services of the Bank, the Customer shall be deemed to agree with the amendments.
5.	This amendment is announced via the disclosure of HSBC website, should you have any query, please do not hesitate to contact us via our branch networks or our 24-hr Customer Care Centre at (02)8072-3012.
To assure your rights, please spare some time to read details of the revisions below.

V. ATM Card and Visa Debit Card Services

V-2. Terms and Conditions for Visa Debit Card

(The following are the terms and conditions for the Visa Debit Card (hereinafter the “Visa Debit Card Terms and Conditions”). For terms and conditions related to the use of general ATM cards, please refer to and comply with the General Agreement.)

The Customer hereby applies to the Bank for the issuance of a Visa Debit Card （”Card”） and will follow the following terms and conditions.

(I) Interpretation

Visa Debit Card Terms and Conditions", prior to "Terms and Conditions for ATM card", shall apply to Visa Debit card cardholders. In case of any conflicts occurred between "Visa Debit Card Terms and Conditions" and "Terms and Conditions for ATM card", the "Visa Debit Card Terms and Conditions" shall prevail. The card holder shall submit a request to the Bank to activate the debit transaction function and spending limit.

(II) Definitions

The terms used in Visa Debit Card Terms and Conditions are defined as follows：

“Visa Debit Card” means a card that, in addition to being a general ATM card, can also be used by a Cardholder to make purchases by debiting the amount from the card and acquire goods, services or other benefits from an Acquirer. When the Bank is requested to make payments to such Acquirer, the Bank will make the payment directly by transferring funds from the deposit account in the Bank designated by the Cardholder. The Visa Debit Card does not have the function of delayed payment as a credit card, neither does it have the functions of cash advance or overdraft.

“Cardholder” means a person approved and issued a Card by the Bank.

“Acquirer” means an entity for which a contract has been signed by a Merchant with a credit card authorization organization and which makes the payment in advance on behalf of the Cardholder when a Merchant requests payment.

“Merchant” means a commercial enterprise which has signed a merchant agreement with the Acquirer and which accepts transactions with the Visa Debit Card in accordance with Visa Debit Card Terms and Conditions.

“Daily Spending Limit” means, unless otherwise provided in herein, the maximum limit amount approved by the Bank which a Cardholder may use daily in an accumulative manner for domestic and overseas transactions with the Card.

“Debit Date” means the date on which the Bank makes the payment to the Acquirer or the Merchant on behalf of the Cardholder, or bears the payment obligation on behalf of the Cardholder, and transfers the amount of such payment from the deposit account designated by the Cardholder.

“Exchange Settlement Date” means the date on which, following overseas purchase with the card by the Cardholder, the Bank or an agent authorized by the Bank converts the amount of foreign currency payable by the Cardholder into New Taiwan Dollars in accordance with the agreed exchange rates by each credit card organization.

”Personal Identification Number (PIN) for debit transaction” means the password input by the Cardholder when engaged in the purchase by inputting password, which is different from that applied to the general ATM card transactions.

(III) Application

An Applicant of the Visa Debit Card shall correctly fill out personal, financial and other related information in various columns of the application form and shall provide true and correct related information or justifications in accordance with the requests of the Bank. The Cardholder shall open a deposit account with the Bank in accordance with the rules and procedures and designate the account from which amounts will be directly transferred to make payments upon an ATM withdrawal by the Visa Debit Card and upon purchase with the card (hereinafter the “Designated Account”).

In case of any change to the contact address, telephone number, vocation or title of the Cardholder provided during application of the Visa Debit Card, the Cardholder shall immediately notify the Bank and shall carry out the procedures for such change in accordance with the rules of the Bank.

No annual fee for the Visa Debit Card.

If the Customer does not retrieve the Visa Debit Card within 2 months from the application date, the Bank may cancel the Visa Debit Card. If the Customer wishes to make a new application, a new card re-issuance fee of TWD100 will be charge and the new card application procedures shall be carried out again.
The Bank may make adjustments to such handling fee and the duration at any time in accordance with the adjustment or amendment rules under Visa Debit Card Terms and Conditions.

The Cardholder shall activate the card within one year from issuance of the new card. If the card is not activated within such deadline, the Bank may terminate or cancel the Visa Debit Card of the Cardholder. If the Cardholder wishes to make a new application, a new card re-issuance fee of TWD100 will be charged. The Bank may make adjustments to such handling fee and the duration at any time in accordance with the adjustment or amendment rules under Visa Debit Card Terms and Conditions.Top

(IV) Collection, Use, Computer Processing and International Transmission of Personal Data

The Cardholder agrees for the Cardholder’s personal information and the transactional information with the Bank to be disclosed to the headquarters or a subsidiary of the Bank, any member and affiliate of the HSBC group, any financial institution which has any dealing or cooperation with the Bank, the Joint Credit Information Center and the National Credit Card Center of the R.O.C. in accordance with the rules or approvals of the governing authority due to the transaction amount payment activity, computer processing activity or other ancillary activity related to the Visa Chip Debit Card (such as recording, processing and output of information system, development, monitoring and maintenance of information system, marketing, cardholder information key-in, printing, sealing and posting of forms, keeping of information such as forms and justifications, preparation and delivery of cards, requests for payment and legal proceedings), for operational management requirements (including but not limited to marketing, fiscal and consulting advising services, administrative research, statistics study and analysis, credit check and information management), or solicitation of sales of the Bank’s products, or for collection and computer processing of related personal information for the purpose of recommending various activities of the bank which fit specific purposes to the Cardholder, or to be disclosed to appropriate mandated third parties or membership institutions of various credit card organizations for the purpose of collection, computer processing, international transmission and use.

2. If the Cardholder agrees in writing or separate negotiates with the Bank for the Bank to provide the Cardholder’s personal information for reasonable processing and use by the headquarters or a subsidiary of the Bank, a member or affiliate of the HSBC group or a third party under mandate by or cooperation with the Bank for the purpose of joint marketing, the Cardholder may notify the Bank by telephone at any time to terminate such use for the purpose of joint marketing under this clause.

(V) Spending Limit

(一)

The Daily Spending Limit for domestic and overseas purchases applicable to the Card is approved by the Bank in accordance with the type of Card and the Designated Account. Such Daily Spending Limit shall not exceed the available balance of the Designated Account and will be calculated separately from the amount of domestic and overseas ATM withdrawals. If the Cardholder needs to adjust the spending limit for purchases by card, he/she must file an application with Bank, even if the actual amount of purchase by card has not yet exceeded the balance of the Designated Payment Account. The overseas purchase amount spent by the Cardholder shall be converted from the local currency into equivalent New Taiwan Dollars for the purpose of controlling the limit.

(二)

The maximum accumulated domestic and overseas purchase Daily Spending Limit is TWD50,000. Such Daily Spending Limit may be adjusted by the Bank from time to time according to Visa Debit Card Terms and Conditions, provided that the Bank shall publish the Limit in its business place or official website and also specify it in the transaction slip separately.

If the Cardholder’s consumption exceeds the Daily Spending Limit of preceding Paragraph 1, he/she shall still be responsible for repayment of the repayment of the insufficient balance.

(VI) Basic Obligations of the Parties

The Bank shall process the repayment of the Cardholders’ arms-length transactional amount debited by the Visa Debit Card with due diligence and shall provide, or procure each Acquirer to provide, the Merchant in which the Visa Debit Card is available to the Cardholders.

The Cardholder’s Visa Debit Card is the property of the Bank and the Cardholder shall properly keep and use the Visa Debit Card. The Bank only authorizes the Cardholder to use the Visa Debit Card in person within its validity period and the Visa Debit Card may not be assigned, loaned, pledged or transferred to any third party in any other manner which permits to possession or use of the Card by to any third party. When the Cardholder uses an automatic device or proceeds with other transactions, the Cardholder shall keep confidential his/her transactional PIN or other identifying verification information of the Cardholder.

The Cardholder shall not falsify fraudulent transactions or constitute conspiracy of fraud with any third party of any Merchant to convert into cash or obtain benefits from purchasing with the Visa Debit Card or in any other manner. If the Cardholder purchases any highly cashable object, or if Cardholder uses the card with any Merchant which is included in the risk list monitored by the Joint Credit Card Center, or if the purchase time, location or item is out of the ordinary and is suspicious of fraudulent transactions or conspiracy of fraud, the Bank reserves the discretion as to whether the authorization should be given and to restrict or decline the use of the Visa Debit Card for the above-mentioned transactions.

The Cardholder shall not obtain direct or indirect financing from any third party with the Visa Debit Card.

The Cardholder shall be responsible for repaying any debt incurred from any violation of the Paragraphs 2 to 4.

If the Cardholder does not need to sign the transaction slip in any special transactions, unless otherwise provided by Visa Debit Card Terms and Conditions, the Cardholder shall be liable for the purchase amount incurred by the transaction.

The Bank shall ensure that the contents of the advertising are true and that the obligations owed to the Cardholder shall not be lower than those provided by the advertising. However, unless specifically specified, any activity, service or agreement of the Bank in relation to the credit card shall be for the sole benefit of the credit card holder and may not be enjoyed by the Cardholder of the Visa Debit Card.Top

(VII) Preview Period

The Cardholder may notify the Bank to terminate Visa Debit Card Terms and Conditions within seven(7) days from the date of receipt the Card in accordance with the manner provided under Paragraph 3, Article 20 of Visa Debit Card Terms and Conditions without reason and the Cardholder shall not be liable for any charges.
However, if the Card is already used by the Cardholder, the contract may not be cancelled.

(VIII) General Transaction

Upon receipt of the Card, the Customer shall immediately sign on the Card in order to reduce the possibility of fraudulent use by a third party.

After swiping the Visa Debit Card in any transaction, if the information is confirmed to be correct upon identification, except the special transactions which signature is not required, the Cardholder shall sign on the transaction slip or key in the transaction PIN for confirmation. The Cardholder shall properly keep the duplicate copy of the transaction slip for verification.

If the Cardholder returns the product, cancels the transaction, terminates the service, changes the product or changes the price of the product which have been purchased by using the Visa Debit Card with the agreement of the Merchant, the Cardholder shall obtain a refund document from the Merchant and, after verifying that the document is correct, shall sign on the refund document for confirmation. The Cardholder shall properly keep the duplicate copy of the refund document for verification. However, if the Cardholder and the Merchant agree, the Merchant may sign on the refund document for confirmation and proof may be provided alternatively through product return justification kept by the Cardholder or other justification documents.

The Merchant may refuse the Cardholder’s use of the Visa Debit Card for a transaction in the event of the following：

(1)	If the Visa Debit Card is falsified, altered or damaged, broken, polled, drilled, with vague and illegible signature or altered signature.
(2)	If the Visa Debit Card has expired, declared as lost in accordance with Paragraph 1, Article 15, or cancelled or terminated in accordance with Visa Debit Card Terms and Conditions.
(3)	The Bank has suspended the Cardholder’s right to use the Visa Debit Card.
(4)	The Cardholder’s signature on the transaction slip is inconsistent with the signature on the Visa Debit Card, or it is proven otherwise that the holder of the card is not the same person to whom the Bank agreed to issue the Visa Debit Card.
(5)	The Cardholder has exceeded the daily spending limit or the balance of deposit in the Designated Payment Account after the current transaction, unless the Bank gives special authorization to the Merchant to accept the Visa Debit Card for the transaction.

In the event of Item 1, 2 or 4 of the previous Paragraph, the Merchant may refuse to return the Visa Debit Card.

If any Merchant refuses the use of the Visa Debit Card by the Cardholder for any transaction for reasons other than those listed under Paragraph 4 above, or if any Merchant cites the use of the Visa Debit Card as a reason to increase the price of the goods or services, the Cardholder may file a complaint with the Bank. The Bank shall investigate or procure an investigation to be done on the Acquirer and inform the results of the matter to the Cardholder in accordance with the rules of the Bank. If it is confirmed that the Bank has committed an intentional act or gross negligence with regard to the above-mentioned circumstances by the Merchant, the Bank shall be responsible for compensating the damages suffered by the Cardholder.

In addition to the ATM functions, the Card contains the purchase functions. All purchasing amounts shall be putting on hold in the Cardholder’s Designated Payment Account at the time of transaction (Cardholder cannot withdraw such reserved amount) and shall be deducted from the Cardholder’s Designated Account on the Debit Date on which the amount is actually deducted.Top

(IX) Special Transactions

If products are ordered, services are obtained or fees are paid on behalf of the obligor by using the Visa Debit Card through posted mail, telephone order, Internet, fax or in other similar manners in accordance with general trading practices or due to the special characteristics of the transaction, the Bank may transfer the payments on behalf of the Cardholder through PIN, telephone confirmation, relevant postal justification or other identify verification manner and confirmation of the Cardholder’s intention and no transaction slip or on-site signature shall be required.

(X) Procedures for Suspicions over Accounts

If the Cardholder has any dispute with the Merchant with regard to the quality, quantity or amount of the goods or services, the Cardholder shall seek resolution with the Merchant and shall not use the instance as the basis for requesting a refund from the Bank.

During the Cardholder’s use of the Visa Debit Card, in case of special circumstances in accordance with the rules of various credit card organizations, such as if the pre-ordered products are not transferred by the Merchant, if the quantity of product transferred is inconsistent, or if the pre-ordered service is not provided, the Cardholder shall first seek resolution with the Merchant. If a resolution cannot be found, the Cardholder shall request the Bank to handle the transaction in accordance with Article 12 of Visa Debit Card Terms and Conditions about suspicious payment. The request shall be made within one month from the delivery date of the current account statement and relevant justification documents requested by the Bank shall be submitted.

If the Cardholder cancels a contract with a Merchant in accordance with Article 19 of the Consumer Protection Act following a mail purchase or solicitation purchase by using the Visa Debit Card, the provision under the previous Paragraph shall be applied. The other transactional disputes shall be handled in accordance with the rules of the Bank and those of VISA credit card organization.

(XI) Statement

The Company shall periodically send the statement of account (may be presented together with the statement for the Designated Payment Account by letter, automatic device, electronic media file, electronic mail or Internet). If the Cardholder does not receive the statement of account within seven (7) days from the delivery date, the Cardholder shall immediately notify the Bank thereof (no later than 14 days following the delivery date of the statement) and request the Bank to send the statement by registered mail, ordinary mail, facsimile or email or via Internet, or other appropriate manners. The cost thereof shall be borne by the Bank. If the Cardholder requests a copy of re-issuing statement on a statement issued more than three months previously, a handling fee of TWD100 shall be paid to the Bank for each Statement. If the Cardholder requests a copy of re-issuing statement on a statement issued for periods of more than 3 months ago (available up to twelve months), a handling fee of TWD200 shall be paid to the Bank for each monthly statement. The Cardholder authorizes the Bank to deduct the handling fee from the Cardholder’s Designated Payment Account. If the amount in such account is insufficient to make this payment, the Bank may make deductions during the following month until the payment is fully made. The Bank may adjust this fee in accordance with the adjustment or amendment manners provided under Visa Debit Card Terms and Conditions.

If the Cardholder fails to notify the Bank of any change of his/her address or other communication related information, the Bank may mail the statements and notices to the last address of the Cardholder known to the Bank or the address specified in the application form.

The statements and notices sent to the last address of the Cardholder known to the Bank or the address specified in the application form shall be considered to be served legally after the ordinary mail time.

(XII) Procedures for Suspicion of Payment

If the Cardholder has any doubt about any matter included in the statement, the Cardholder may inform the Bank within one month from the delivery date of the current statement by providing the reasons and justification documents required by the Bank (such as duplicate copy of the transaction slip or refund document) or request the Bank to seek the transaction slip or refund document from the Acquirer, or request the Bank to seek refund from the Acquirer or the Merchant for such transaction in accordance with the rules of various credit card organizations and suspend payment by the Bank for such transaction.

If the Cardholder fails to notify the Bank in accordance with the previous Paragraph, it shall be deemed that the contents of the statement are correct and no further objection can be made in the future to any payment.

If the Bank requests a refund from the Acquirer or the Merchant in accordance with the latter part of Paragraph 1 and if it is proven by the Bank that there has been no error or that the refund cannot be made for reasons which are not attributable to the Bank, if such payment has already been refunded to the Cardholder on temporary basis, the Bank shall notify the Cardholder and may deduct the amount from the Cardholder’s Designated Payment Account on the date of such notice. If the amount is insufficient for the deduction, the Cardholder shall remain liable for repayment and the matter shall be handled in accordance with Article 13 of Visa Debit Card Terms and Conditions.

If the Cardholder requests the Bank to seek the transaction slip or refund document from the Acquirer, the Cardholder shall pay to the Bank a transaction slip seeking handling fee of TWD100 per instance.
The Bank may adjust this fee in accordance with the adjustment or amendment manners provided under Visa Debit Card Terms and Conditions. Top

(XIII) Payment

The Cardholder agrees that upon transaction by the card, the Bank may first hold the transactional amount payable in the Cardholder’s Designated Payment Account (Cardholder cannot withdraw such reserved amount) and then transfer such transactional amount for payment when the Merchant or the Acquirer requests payment from the Bank (i.e., on the Debit Date). However, if the Merchant or the Acquirer does not request payment from the Bank within 30 calendar days from the date on which the transaction is made by the card, the Bank shall release the reservation on such amount. The Bank shall pay the saving interest to cardholders for transaction hold amount based on the interest rate of the original contract with the Bank during the amount hold period.

If the balance of deposit in the Cardholder’s Designated Payment Account is insufficient to pay for certain transaction amount payable, the Bank may refuse to deduct the amount from the deposit balance. The Cardholder shall deposit the insufficient amount into such Designated Payment Account as soon as possible. If the amount is still not deposited or is still insufficient on the day prior to the delivery date of the current statement, the Bank may charge an handling fee (i.e., an insufficient balance fee) of TWD200 on monthly basis starting from the delivery date (inclusive) of the current statement (any period shorter than one month shall be charged at least one month or up to 3 months) until full payment of the transaction amount. The Bank may adjust the above-mentioned fee provided that the adjustment shall be publicly announced in an obvious manner and in the business location.

(XIV) Authorization of Settlement for Overseas Transactions

All transaction amounts by the Cardholder by using the Visa Debit Card shall be paid in New Taiwan Dollars. If the transaction (including refund) is in a currency other than New Taiwan Dollar or the overseas transaction occurred in New Taiwan Dollars, the Cardholder authorizes the Bank to convert the amount into New Taiwan Dollars based on the exchange rate of the exchange date listed under the contract with various credit card organizations and payment shall be made after addition of a 2.2% handling fee. The handling fee for overseas transactions has included the handling fee paid by the Bank to Credit Card organizations and the Bank’s handling fee.

The Cardholder designates the Bank as its foreign exchange agent within the Republic of China for carrying out the foreign exchange procedures for transactions conducted by using the Visa Debit Card overseas. However, if the amount of foreign currency exchange payable by the Cardholder exceeds the legal limit, the Cardholder shall pay the exceeding portion by foreign currency. If the amount reserved by the bank for such transaction in the Cardholder’s Designated Payment Account is different from the actual calculated amount due to the change of foreign exchange rate at the time of settlement to the Bank and at the time of calculation by VISA international organization, the calculated amount shall be the actual amount to be deducted. If the balance of the deposit is insufficient for the deduction, the Cardholder shall remain liable for the payment and agrees for the Bank to proceed in accordance with Paragraph 2, Article 13 of Visa Debit Card Terms and Conditions.

(XV) Theft, Loss or Other Dispossession of the Card

If the Cardholder’s Visa Debit Card is lost, stolen, robbed, fraudulently obtained or occupied by any third party other than the Cardholder (hereinafter “Loss or Theft”), the Cardholder shall inform the Bank to carry out the cancellation suspension procedures by phone or in other manners as soon as possible. However, if the Bank deems it necessary, it shall inform the Cardholder within 10 days from the date on which the suspension procedures are carried out to request the Cardholder to report to the local police authority within 3 days from the date of notice or send a supplemental written notice to the Bank.

Any loss incurred from fraudulent use starting from the time the Cardholder carries out suspension procedures shall be borne by the Bank. However, in case of any of the following, the Cardholder shall remain responsible for the loss suffered from any fraudulent use：

Any third party’s fraudulent use is allowed by the Cardholder or the Cardholder intentionally gave the Visa Debit Card to the third party for use.

The Cardholder intentionally or negligently allowed a third party to know the identify verification manner of the Cardholder.

The Cardholder and the third party or the Merchant falsify transactions or form a conspiracy of fraud.

Any third party’s fraudulent transactions completed by PIN base authorization.

Before carrying our the suspension procedures, maximum losses liability borne by the cardholders for fraudulent use shall be limited to TWD3,000. However, in the event of any of the following, the Cardholder shall not bear any liability (all cash withdrawal, account transfer and all ATM transactions done by using the PIN of an ATM card shall be subject to the terms and conditions of the ATM card and this Article shall not apply)：

Fraudulent use of the card 24 hours after the Cardholder carries out the suspension procedures for the Visa Debit Card.

The fraudulent user signs his/her name on the transaction slip, which can be visually identified to be obviously inconsistent with the signature of the Cardholder or the signature can be identified as inconsistent with the signature of the Cardholder with the due care of a good administrator.

In the event of the second sentence of Paragraph 2 of this Article and any of the following for the Cardholder, and if the Bank can prove that it has exercised the due care of a good administrator, the deductible amount for fraudulent use under the previous Paragraph shall not apply：

The Cardholder knew about the Loss or Theft of the Visa Debit Card and failed to immediately inform the Bank, or the Cardholder fails to inform the Bank within 20 days after the first fraudulent use following the Loss or Theft of the Visa Debit Card.

The Cardholder violates Paragraph 1, Article 8 of Visa Debit Card Terms and Conditions, did not sign on the Visa Debit Card, leading to fraudulent use by third parties.

The Cardholder fails to submit the documents requested by the Bank, refuses to assist with the investigation or has other act of violation of the principle of good faith after carrying out suspension procedures for the Visa Debit Card.Top

(XVI ) Card Re-issuance, Card Replacement, Card Renewal after Expiry

Where the Credit Card is damaged, magnetically erased, scratched, or unusable due to any other causes, the Bank may issue a new replacement card free of charge upon the Cardholder’s application. If the Cardholder has any Loss or Theft of the Visa Debit Card and carries out suspension procedures in accordance with Article 15 of Visa Debit Card Terms and Conditions, or if the Cardholder applies for a replacement card for personal reasons when the existing Visa Debit Card can still be used normally, the Cardholder shall pay a handling fee TWD100 per card for card re-issuance. The Bank may adjust this fee in accordance with the adjustment or amendment manners provided under Visa Debit Card Terms and Conditions.

If the Bank does not terminate the agreement in accordance with Article 20 of Visa Debit Card Terms and Conditions upon expiry of the validity period of the Visa Debit Card, the Bank shall issue a new card to the Cardholder for continuous use. However, based on the bank’s consideration of risk, safety, Cardholder’s finance, credit, consumption and circumstances of use of the card, the Cardholder agrees that the Bank may decide not to issue a new Visa Debit Card to the Cardholder upon expiry of the validity period. Upon expiry of the validity period of the old card, the Bank may suspend the function of purchase by the Visa Debit Card and keep on the functions of the general ATM card. If the Cardholder wishes to use the purchase functions of the Visa Debit Card, the Cardholder shall file an application with the Bank to trigger the purchase functions and shall be deemed to have accepted the notes to the terms and conditions of the Visa Debit Card.

Prior to the expiry of the validity period of the Visa Debit Card, if the Cardholder does not wish to continue the use, the Cardholder must terminate the agreement by notifying the Bank in accordance with the manners specified in Paragraph 3, Article 20 of Visa Debit Card Terms and Conditions prior to the expiry of the validity period or within 9 days from receipt of the new card, without reasons or with no fee. However, this does not apply if the issued new card has already been used. If a subsequent application is filed, a handling fee TWD100 shall be charged for the issuance of a new card.

If the Cardholder applies for the re-issuance of a new card, a replacement card or a new card following expiry of the validity period, the Cardholder shall carry out the new card activation procedures in the manner agreed by the Bank. All functions on the old card will cease upon the activation of the new card.

(XVII ) Setoff and Deduction

If the Bank terminates the agreement with the Cardholder in accordance with Article 20 of Visa Debit Card Terms and Conditions, the Bank may make early repayment of all debts owed to the Bank from all deposits and amounts deposited by the Cardholder with the Bank and may use the prepaid amount to setoff against the debt owed by the Cardholder to the Bank. The Bank’s expression of intention to perform the setoff shall become effective at the time the account is offset. In addition, any depository receipt or other debt certificate issued to the Cardholder by the Bank shall cease to be effective within the scope of the setoff. If the amount of setoff is insufficient to repay all debt owed by the Cardholder to the Bank, setoff shall be done in accordance with Articles 321 to 323 of the Civil Code, provided that the Bank may designate the order and manner which are more beneficial to the Cardholder than those stipulated under Article 323 of the Civil Code.

(XVIII ) Amendment to Agreement

In case of any amendment, addition or deletion of the clauses of Visa Debit Card Terms and Conditions, if the Bank notifies the Cardholder in writing, in legally allowed manner or any other manger agreed by the Bank, and if the Cardholder does not voice any objection within 14 days, the Cardholder shall be deemed to have confirmed such amendment, addition or deletion of clauses. However, in the event of any change to the following matters, the Cardholder shall be notified by letter, electronic mail/document 60 days prior to the change, or be publicly announced in an obvious manner or in the business location or website of the Bank if so allowed by law, such letter, electronic mail/document or the above-mentioned public announcement shall clearly specify the matter of change and contents of the old and new provisions, the Bank shall inform the Cardholder that the Cardholder may voice objections to the matters of change and that the Cardholder shall be deemed to have confirmed such amendment, addition or deletion of clauses if the Cardholder does not voice any objection within such period, and the Bank shall inform the Cardholder that if the Cardholder has any objection, the Cardholder may notify the Bank to terminate the agreement during the objection period in the manger provided under Paragraph 3, Article 20 of Visa Debit Card Terms and Conditions：

The manner to inform the Bank in the case of Loss or Theft of the Visa Debit Card.

The rights and obligations of the Cardholder incurred following other person’s unauthorized use of the Visa Debit Card.

The procedures for handling questionable payments of the Visa Debit Card.

Other matters specified by the governing authority.

Starting from the date on which the Cardholder uses the services provided under Visa Debit Card Terms and Conditions, the Cardholder shall pay the service fee and handling fee in accordance with the agreed fee scheme. In case of any adjustment to such fee scheme after signature of the Visa Debit Card Terms and Conditions, unless otherwise provided by Visa Debit Card Terms and Conditions, the Bank may publicly announce the adjusted matters 60 days prior to the adjustment date on the Bank’s website or in obvious places of the Bank’s business location or by a written notice or any other forms of notification agreed by cardholders. The Bank shall also inform the Cardholder if the Cardholder does not agree to the adjustment, the Cardholder may notify the Bank in writing to terminate the Visa Debit Card terms and conditions during such period and cooperate with the Bank to carry out termination procedures. If the Customer did not notify the Bank to terminate the Visa Debit Card Terms and Conditions within such 60-day period but continues to carry out dealings by Visa Debit Card with the Bank, it shall be deemed that the Customer has agreed to such adjustment.Top

(XIX ) Restrictions on Use of Visa Debit Card

In case of any of the following for any Cardholder, the Bank may lower the Cardholder’s Daily Spending Limit or suspend the Cardholder’s right to use the Visa Debit Card on temporary or permanent basis without prior notice or warning：

The Cardholder violates Paragraph 1 of Article 3 or Paragraphs 2, 3 or 4 of Article 6 of Visa Debit Card Terms and Conditions.

The Cardholder intentionally discloses to any third party the Cardholder’s identify verification manner.

The Cardholder uses the Visa Debit Card to obtain financing directly or indirectly from any institution or any third party which is not approved by the governing authority.

The Cardholder declares files settlement application in accordance with Bankruptcy Law, files an application for bankruptcy declaration, files an application for company reorganization, is included in the transaction black list by any clearing house, ceases operation or cleans up debt.

The cardholder is an agent, representative or manager of a judicial person or a non-judicial group which is included in the transaction blacklist by any clearing house, which files an application in accordance with Bankruptcy Law, against which an application for settlement is filed, which declares bankruptcy, which files an application or again which an application is filed for reorganization in accordance with Company Law, which ceases operation or which cleans up its debt.

The Cardholder is convicted of crime of at least term imprisonment for criminal matters or a decision is made to confiscate the Cardholder’s main assets.

If the Cardholder inappropriately uses the Visa Debit Card or if the Bank determines that there may be inappropriate use judging from the Cardholder’s account, the Bank may suspend or terminate the Cardholder’s use of the card at any time and take back and cancel the Visa Debit Card.

In the even of any of the following for any Cardholder, the Bank may lower the Cardholder’s Daily Spending Limit or suspend the Cardholder’s right to use the Visa Debit Card on temporary or permanent basis after prior notice or warning：

Cardholder violates Paragraph 2 of Article 3 of Visa Debit Card Terms and Conditions and the Bank cannot contact the Cardholder by using the contact address and telephone included in the information provided during application, or Cardholder changes the vocation or title which lowers the credit evaluation of the Cardholder.

The balance of deposit in the Cardholder’s Designed Payment Account is insufficient to pay the purchase amount payable at the Debit Date.

Cardholder violates Paragraph 2 of Article 5 of Visa Debit Card Terms and Conditions and exceeds the Daily Spending Limit or the balance of the Designated Payment Account for purchases made with the Visa Debit Card.

Cardholder’s check is returned due to insufficient funds, or Cardholder is the legal agent, representative or manager of any judicial person or non-judicial group of which any check is returned due to insufficient funds of such judicial person or non-judicial group.

Cardholder is suspended from the use of any credit card or Visa Debit Card or the Cardholder’s contract for any credit card or Visa Debit Card is terminated by any other card issuer.

Cardholder is subject to compulsory enforcement or provisional seizure, provisional disposition or other injunctive measures.

Litigation is filed against the Cardholder for other debt relationships or the Cardholder is investigated or indicted for criminal involvement.

Cardholder fails to pay other overdue debt to the Bank (including the Bank’s headquarters or any subsidiary) or delays in the payment of principal or interest of any other debt.

Cardholder has an obligation to provide guarantee in accordance with the Visa Debit Card Terms and Conditions and fails to provide such guarantee.

10.

The joint liability guarantor, if any, terminates the guarantee or there is substantial truth to prove that the guarantor’s creditworthiness has deteriorated, and the Bank’s notification to change or add another guarantor was not answered.

If the events under Paragraph 1 or under various items under Paragraph 2 disappears, or if the Bank agrees for the Cardholder to provide reasonable justifications, or if the Cardholder repays part of the amount or provides appropriate guarantees, the Bank may reinstate the original Daily Spending Limit for the Cardholder or reinstate the Cardholder’s right to use the Visa Debit Card.Top

(XX) Termination of Agreement

The Cardholder may from time to time and at any time terminate Visa Debit Card Terms and Conditions by the written application as set out in Paragraph 3 of this Article.

If any of the events as set out in Paragraph 1 and 2 of the previous Article occurs, or the Card expires, the Bank may terminate Visa Debit Card Terms and Conditions in writing or in other manners agreed by the Bank.

If the Cardholder terminates or cancels Visa Debit Card Terms and Conditions due to any event as set out in preceding Paragraph 1 of this Article or Paragraph 3 of Article 16 and Article 18 of Visa Debit Card Terms and Conditions, the Cardholder shall cut the Card and mail it back to the Bank together with the reason, fill out a “Visa Debit Card Service Application From” requested from the phone banking, or terminate by other application agreed by the Bank to terminate or cease the usage of the Card.

Visa Debit Card Terms and Conditions will be terminated also while the termination of Cardholder’s Designated Account.

Upon termination or cancellation of Visa Debit Card Terms and Conditions, the Cardholder shall not use the Visa Debit Card (irrelevant with whether the Card expires or not). The Bank may, at any time, taking into consideration the risk, security, the Cardholer’s financial, credit, consumption and repayment status, cease or cancel the usage of the Visa Debit function without ceasing to use the ATM function or terminating Visa Debit Card Terms and Conditions.

In the Cardholder dies, the Bank may declare all the Cardholder’s obligations to the Bank due and payable immediately.

(XXI ) Delegation

The cardholder agrees that the collection of transaction accounts, computer processing, business attached to the Visa Debit Card Terms and Conditions (such as information recording, processing and output of information system, development of information system, monitoring and maintenance, marketing, cardholder information input, printing, sealing and posting of forms, custody of forms and certificates, preparation and delivery of cards, demand for accounts and legal proceedings, etc. (including collection and computer processing of related personal information which fit the specific purpose) may be outsourced to an appropriate third party or be handled in cooperation with the members of credit card organizations as required or approved by the competent authority, if necessary. The cardholder also agrees that the Bank may provide his/her personal information to the third party, provided that the third party shall engage in the computer processing of, and use, the personal information pursuant to laws and keep confidential such information.

The cardholder agrees that the terms and conditions herein shall remain effective in the case of any change in the cooperative relationship between the Bank and a third party, or the Bank’s name or organization, and the Cardholder is willing to comply with Visa Debit Card Terms and Conditions without signing any additional documents.

(XXII) Other Agreements

In addition to this Visa Debit Card Terms and Conditions, the Cardholder shall also comply with relevant provisions of the Bank for the accounts and cards.

With respect to the matters involved herewith which have not been stipulated in Visa Debit Card Terms and Conditions, the parties agree to enter into another agreement therefore.Top