Card use rules for salary Visa cards (active from 12 of June 2008)

 
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The international payment cards Visa International issued by OTP Bank are plastic identification instruments, the use of which is regulated and governed by effective legislation of Ukraine, the Charter and regulations of Visa International Payment System, as well as the Agreement concluded with the Cardholder, and these Rules, as established between the Bank and the Customer.

1. Definition of terms.

AUTOMATIC TELLER MACHINE (ATM, CASH MACHINE) – An automatic machine intended for dispensing of cash.

AUTHORIZATION – The Bank’s confirmation of an electronic query of acquiring bank as for possibility of entering/processing of a Payment Transaction.

BANK - Closed Joint-Stock Company OTP Bank.

BANKING DAY – A business day, during which banking institutions are open for customer servicing.

CURRENCY OF THE ACCOUNT – The currency (Ukrainian hryvnias, US dollars) in which a Card or Current Account is opened.

SPENDING LIMIT – Amount of funds within the balance of the Card Account, which is available to a Payment Card Holder during a specified time for performance of transactions using the Payment Card.

CARD ACCOUNT HOLDER – Natural person in whose name a Card Account is opened pursuant to the Agreement with the Cardholder.

DEBIT SCHEME – Payment scheme, which provides for payments for transactions using a Payment Card within the Cardholder’s own funds credited to (booked on) the Cardholder’s Card Account.

TO DEBIT – to debit a Card Account with funds.

PAYMENT CARD HOLDER (CARDHOLDER) – Natural person who uses the Payment Card on legal grounds for initiation of transfer of funds from the corresponding Card Account with the Bank or performs other transactions using the Card.

CARDHOLDER’S AUTHORIZED PERSON – Natural person (family member or other natural person) designated in the Agreement with the Cardholder, to whom the Cardholder entrusted and committed to perform transactions using the Payment Card at the expense of a part of or all funds available on the Cardholder’s Card Account.
AGREEMENT – Agreement on issue and service of international payment plastic card concluded between the Bank and the Cardholder.

INSURANCE CONTRACT – Insurance contract concluded between “American International Group Ukraine” Insurance Company and the Bank, under which the insured are the Holders of the Payment Cards issued by the Bank. This Agreement is concluded subject to the Cardholder’s approval.

ADDITIONAL PAYMENT CARD – Identification instrument in the form of a plastic card containing mandatory requisites designated by the Payment System, which identify the Payment System, issuer of the Payment Card, Cardholder or Cardholder’s Authorized Person.

SALARY AGREEMENT - Agreement for service of salary project using international payment plastic cards between the Bank and the Organization.

APPLICATION FOR OPENING CARD ACCOUNT AND ISSUING PAYMENT CARD (APPLICATION) – Document which Cardholder fill in and containing Cardholder’s requisites, contact information, type of Payment card and other information needed for Bank to make decision as for issuing Payment card.

REPORT – A monthly report on the state of the Card Account delivered by the Bank to the Cardholder.

CARD ACCOUNT (ACCOUNT) – The Account, on which the transactions using the Payment Card/s are booked.

CLIENT-BANK – The system of remote servicing of the Organization.

CLIENT/CUSTOMER  - Legal entity or/and natural person (Organization and/or Payment Card Holder) having concluded relevant agreement (Salary Agreement or/and Agreement with the Cardholder) with the Bank.

CREDIT (CREDIT LINE) – Funds of the Bank being granted to the Client/Customer on the grounds of the concluded Credit Agreement.

TO CREDIT – To enter funds to the Card Account.

INVALID CARD – A card, any payments/settlements using which are discontinued/suspended for any reason (expiration, entering in the Stop-List, physical damage, closing of the Card Account, etc.).

MINIMUM BALANCE – Funds of the Account Holder that are blocked at the Bank on the Card Account for the period of validity of the Agreement and constitute a security for transactions using the Cards.

UNAUTHORIZED DEBITING – Debiting of the Card Account in contravention of the rules established by the Payment System and/or the Bank.

OVERDRAFT – A short-term credit granted to the Cardholder in case of shortage of funds of his/her Card Account for payment of some or other transactions. An overdraft may be:

  • Authorized – an overdraft granted to the Cardholder within the amount falling short on his/her Card Account for
    • payment of charged interest on fixed-term and outstanding Overdraft (authorized and unauthorized); 
    • payment of appropriate Bank’s commission for provision of settlement services of Payment Transactions of the Cardholder using the Card;
    • servicing Payment Transactions on the amount, definite between Cardholder and Bank;
  • Unauthorized – an overdraft, which automatically occurs on the Cardholder’s Card Account in case of shortage of funds for payment of all other transactions/operations.

CARD TRANSACTION/TRANSACTION USING CARD (PAYMENT TRANSACTION) – Debiting or/and Crediting of the Card Account, as well as transactions in which the Card is used, pursuant to the Agreement, for payments for the goods and services or for receipt of cash funds.

ORGANIZATION – Legal entity – resident of Ukraine, with which the Cardholder is in labor relations and which has concluded the Agreement for service of salary project using international payment plastic cards with the Bank, and which bears joint liability under the Cardholder’s obligations.

PIN-CODE – A personal identification number, which is used for drawing funds from Cash Machines or in other cases, where it replaces signature of the Payment Card Holder.

PAYMENT CARD (CARD) – An identification instrument in the form of a plastic card (principal or Additional) containing mandatory requisites designated by the Payment System, which identify the Payment System, issuer of the Payment Card, Cardholder or Cardholder’s Authorized Person.

PAYMENT SLIP – A sales receipt (slip, electronic/point-of-sale terminal receipt, Cash Machine receipt) of the form established by the Payment System which contains all requisites of the Payment Transaction performed by the Cardholder.

CURRENT ACCOUNT – An Account which is opened for the Cardholder with the Bank on the grounds of an agreement on opening and service of bank account in foreign and national currency for natural persons.

RULES – Payment Card use rules forming an integral part of the Salary Agreement and/or Agreement with the Cardholder, and being binding upon the Organization and Payment Card Holder, and which the Bank may modify and supplement subject to further notification of the Organization and/or the Cardholder of such modifications/supplements in order this rules.

EMPLOYEE – Natural person being in labor relations with the Organization.

SETTLEMENT CYCLE – Period of time (calendar month) for which the Cardholder receives from the Bank a Report on the transactions performed on the Card Account.

PAYMENT SYSTEM – International payment system (MasterCard International), which the Bank is a member of.

STOP-LIST – List of Payment Cards (numbers of Payment Cards,) any transactions using which are prohibited. Depending on the Payment System regulations, a Stop-List may be electronic or paper.

INSURANCE – Insurance (on the grounds of Insurance Contract) of property interests related to life, health, capacity for work of the Payment Card Holders, natural persons’ liability to third parties for payment of medical and other services during stay abroad in private and business trips, as well as property interests related to the use of property and compensation by the Cardholders or their Authorized Persons for any damage caused by the Cardholders or their Authorized Persons to person or property of any third party.

TARIFFS – The list of the Bank’s services with indication of their cost. The Bank may change and supplement the Tariffs, whereof the Client/Customer is to be notified in accordance with the conditions set forth in these Rules and the agreement concluded with the Bank (Salary Agreement or/and the Agreement with the Cardholder).
The following Tariffs will be used for servicing of the Organization or/and Cardholders at the Bank:

  • Special Tariffs – Tariffs which are used at the Bank for servicing of the Salary Agreement and the agreements related thereto;
  • Standard Tariffs – Tariffs which are used at the Bank for servicing of the Agreement with the Cardholder.

SELLER – Enterprises (shops/stores, hotels, restaurants, etc.), which accept the Card for payment.

2. Use of Card and PIN-Code.

The Bank shall consider the application for issue of a Card within 5 (five) Banking Days, following which the Bank shall sign or refuse to sign the Agreement with the Cardholder. In case of refusal, the Bank reserves the right not to comment on its decision. The Card and PIN-Code shall be issued and delivered to the Cardholder personally or to an authorized employee of the Organization (in case of conclusion of the Salary Agreement with the Organization), within 5 (five) Banking Days after signing of the Agreement with the Cardholder/s, opening of the Card Account/s and fulfillment of all necessary financial obligations required by the Bank. PIN-Code shall be delivered in a special sealed envelope. Within 3 (three) calendar days from receipt of the Card by the Cardholder, the Cardholder shall check the Card for bugs by means of obtaining of a statement of the Card Account at the Cash Machine.

Payment Card issued to the Cardholder shall be property of the Bank. The Card and PIN-Code must be used in accordance with these Rules. The person whose first name, family name and signature are stamped on the Card shall have the right to use the Card. The Card may be used for payment for the goods and services by bank transfer/on account, as well as for drawing money at all Card service points. Spending using the Card shall be within the Spending Limit. In addition to the aforementioned transactions, the Payment Cards may be used as instruments for operations on entering cash funds to own Card Accounts, for payment for public utility services and other services by cash through the Cash Machines supporting these functions (deposit Cash Machines).

To effect a Payment Transaction, a Card should pass an Authorization. According to the Payment System regulations, Payment Transactions with small amounts may be effected without Authorization. Should the currency of Authorization/Payment Transaction be different from the currency of the Card Account, the Payment System will autonomously convert the Authorization amount to the currency of the Card Account at the exchange rate established by the Payment System as of the date of Authorization.

The goods having been purchased using the Payment Card may be returned to the person having sold such goods. The goods shall be returned in accordance with the regulations established by relevant normative acts, and repayment of funds for the product (service) shall be effected by means of entering of such funds to the Card Account, in accordance with the procedure designated by the Payment System regulations, or in cash, provided that it does not conflict with the Payment System regulations. Transactions performed by the Payment Card Holders within Ukraine shall be effected in the Ukrainian currency only. The exception is drawing of cash funds in the foreign currency by the Cardholders from their Card Accounts in foreign currency at the counters and through the Cash Machines of the Bank.

At purchase or drawing of cash funds, the Payment Card Holder shall produce the Card and endorse the Payment Slip by his/her signature, having checked in advance that the number of the Card, amount and date of transaction are correctly stated in this document. In case of drawing funds at ATM, PIN-Code is used in place of the Cardholder’s signature. Payment Card Holder must bear in mind that at servicing using the Card he/she may be requested to produce passport or other document for personal identification.

During the entire term of validity of the Agreement with the Cardholder, the Bank shall have the right to set the Spending Limit for a day (week, etc.), whereof the Bank shall notify the Cardholder by means of placement of necessary information at the Bank’s premises.

The Cardholder shall be compensated for unauthorized debiting of the Card Account within the Spending Limit.

Note: The Cardholder or his/her Authorized Person shall have the right to remove the Spending Limit by means of filing of a written application with the Bank, however, in such case, the Bank shall not be held liable for any Unauthorized debiting of the Card Account of the Cardholder with any funds.

The Bank reserves the right to restrict the right to use the Card and the Card Account without previous notice in case of violation of the terms and conditions of the Agreement and/or the Rules by the Payment Card Holder, as well as in case of monitoring of the Card Transactions by the Bank.

Should the Spending Limit of the Card Account be overspent, as well as in case of a debit balance on the Card Account (authorized or unauthorized Overdraft), the Bank shall suspend servicing of the Cards of such Card Account. The Bank shall remove the ban on use of the Cards after replenishment of the Card Account.

In any case of discontinuation/suspension of payments/settlements using the Card for any reason and on any ground whatsoever (expiration, entering in the STOP-List, physical damage, closing of the Card Account, etc.), the Card shall be deemed invalid.

Should other services be associated with the Card (assistance in extraordinary situations, insurance, etc.), the Bank shall separately notify the Payment Card Holder thereof. The Cardholder shall perform any and all acts and actions, which are necessary in order to ensure provision of such additional services.

The Bank shall be paid commission remuneration for servicing of the Card Account. The Bank shall independently fix the amount of the commission remuneration based on the Payment System regulations and the Bank’s expenses. The amount of the Bank’s remuneration/fee shall be stated in the Bank’s Tariffs. Pursuant to the Ukrainian legislation, the authorized banks of Ukraine may fix commission remuneration (for the transactions using Payment Card at dispensing of cash funds) in the currency of cash dispensing. The authorized banks shall be paid commission fees in foreign currency for the transactions using the Payment Cards of the international Payment Systems in accordance with the procedure established by the Regulations on transactions in the interbank foreign exchange market. Card Account Holder shall bear all responsibilities and obligations with regard to payment of taxes and other compulsory payments to the budget and off-budget funds as may arise from or in connection with Payment Transactions.

The Bank guarantees confidentiality of the information related to the Salary Agreement and/or the Agreement with the Cardholder, and the use of the Card. The Bank forms a part of the OTP Group, which includes OTP Bank Hungary, its local and foreign affiliated branches and their daughter companies (OTP Group). OTP Group companies are permanently exchanging information via general information system intended for minimization of the group risk on the whole.

The Client/Customer authorizes acquisition, use and disclosure within the OTP Group of the information concerning directly the Client/Customer (for evaluation of risk) and having come to the Bank’s knowledge owing to business relations with the Client/Customer. This authorization shall be extended to the Bank, other members of OTP Group in Hungary and outside Hungary, which have been established and functioning as a single bank, to the international payment systems and banking associations, should any suspicion arise regarding fraudulent use of the Card. This authorization shall withdraw any claims of the Client/Customer as for violation of the bank secrecy non-disclosure provisions existing in effective Ukrainian legislation by the Bank. The Bank shall not disclose any information about the Client/Customer constituting a bank secrecy to any third persons, except for the cases of communication of such information, in accordance with the procedure and to the extent determined by effective legislation of Ukraine, to credit bureaus, as well as the cases when disclosure of bank secrecy is obligatory on the Bank pursuant to the requirements of effective legislation of Ukraine or is necessary to the Bank for the purpose of protecting of its rights and interests.

Payment Card Holder shall have the right to take the Card outside Ukraine subject to verbal reporting/declaration to custom authority in accordance with effective legislation.

3. Payment Card Holder.

The Cardholder shall bear full responsibility:

  • for fulfillment of the terms and conditions of the Agreement with the Cardholder and the Card Use Rules;
  • for any and all transactions/operations using the Card that have been performed before expiration of the Agreement with the Cardholder (or its termination) and delivery of the Card to the Bank;
  • during 45 (forty five) calendar days from the date of expiration of the Agreement with the Cardholder or its termination and delivery of the Card to the Bank;
  • in other cases provided for by the Agreement with the Cardholder.

Payment Card Holder shall:

  • when issued with a Card, affix his/her signature thereto;
  • not disclose the number of the Card, PIN-Code and CVV 2 (3 digits on the front of card on/behind of the signature panel) to any person, including members of the Cardholder’s family, not keep PIN-Code together with the Card, not write PIN-Code on the Card;
  • immediately notify the Bank of loss or theft of the Card, as well as of the fact that PIN-Code has come to knowledge of any third person;
  • not use Invalid, counterfeit, damaged Card;
  • when keeping the Card, follow the same safety and security measures as those applied with regard to cash funds and securities;
  • sign only those invoices/bill/accounts and receipts which are drawn up correctly and in full;
  • keep the Payment Slips, which confirm validity of performed transactions, during 3 (three) years from the date of execution of relevant document, and submit such documents to the Bank at the Bank’s short notice;
  • perform transactions using the Card within the set Spending Limit and allow no Overdrafts;
  • pay for the Bank’s services in accordance with the Bank’s Tariffs.

Should the Payment Card Holder become doubtful of his/her ability to fulfill the terms and conditions of the Agreement, he/she shall return the Card to the Bank. The Cardholder shall compensate for all losses incurred by the Bank through the Cardholder’s fault, or through the fault of the Authorized Persons of the Cardholder.

4. Additional Cards.

Upon written application of the Cardholder, the Bank may issue/deliver the Card to the Cardholder’s Authorized Person. Additional Card shall be issued to the Cardholder or the Cardholder’s Authorized Person in accordance with the procedure stipulated in paragraph 2 of these Rules. The Cardholder and the Cardholder’s Authorized Person shall be held jointly liable to the Bank for any and all transactions performed using the Additional Payment Card during the entire term of validity of the Agreement with the Cardholder. The Bank shall have the right to raise demands on any of them.

5. Card Account. Report.

The Card Account shall be maintained and operated in US dollars or in the national currency of Ukraine. The Cardholder may use the Card Account funds only for settlements/payments involving the Card Transactions.

The Bank shall debit the Card Account with all amounts related to the expenses incidental to issue of the Card, its renewal and use, as well as in case of termination of the Agreement. Should the Card Account be opened in the national currency, the conversion commission shall be collected from the Card Account in case of settlements with the members of the international Payment system in foreign currency. The Bank shall enter monetary funds to the Card Account according to the payments effected by the Payment Card Holder. The Cardholder shall have the right to settle with the Bank in one of the following manners:

  • entering of cash funds;
  • transfer of funds from other account, including an account with other bank;
  • entering of salary and other payments from the Organization.

The payment shall become effective if received at the address specified by the Bank, and the Card Account shall be Credited.

The Bank shall submit a Report to the Cardholder for each Settlement Cycle. The Report shall include the list of Payment Transactions effected by the Cardholder on the Card Account, including payments in favor of the Bank, as well as the balance of the Card Account. The Cardholder undertakes to receive the Report on his/her own, or through the authorized person of the Organization at the Bank’s address or, on the grounds of a written application of the Cardholder, the Bank shall send the Report to the address specified by the Cardholder. As this takes place, the Bank shall not be responsible for loss of the Report or disclosure of the information contained in the Report during remittance by mail or delivery through the authorized person of the Organization. Non-receipt of the Report shall not release the Cardholder from fulfillment of his/her obligations under the Agreement with the Cardholder.

Should the Cardholder reveal any discrepancy between the transactions and the amounts stated in the Report and those actually performed, then within 15 (fifteen) calendar days after the end of a regular Settlement Cycle, the Cardholder shall notify the Bank thereof in writing and shall enclose appropriate Payment Slips, failing which the Report shall be deemed confirmed and the Bank shall accept no further claims. Should the Cardholder’s claim be grounded, the Bank shall repay the Cardholder the funds withheld/debited in excess, within the time limits agreed upon by the Bank and the Cardholder. Should the Cardholder’s claim be ungrounded, the Bank shall have the right to debit the Card Account with all amounts of expenses incidental to consideration of the application, and payment for the Bank’s investigation of the circumstances of the Payment Transaction/s with regard to which the Cardholder has made a written statement of his/her doubts as to the fact of performance of such Payment Transaction/s, while the Bank has ascertained that the Transaction/s has/have taken place, in accordance with the Bank’s Tariffs.

6. Payments.

The Cardholder shall defray all expenses and effect other payments resulting from and arising out of use of the Card.

All services of the Bank shall be paid for in accordance with the Tariffs and/or Rules. The Bank shall have the right to change and supplement the Tariffs subject to prior notification of the Client/Customer 14 (fourteen) calendar days prior to the effective date of such new Tariffs and/or Rules. The Bank shall notify of any change in the Tariffs and/or Rules by means of placing of relevant information on new Tariffs and/or Rules on the stands in the Bank’s premises. The Client/Customer undertakes to independently keep track of the Bank’s information concerning change in Tariffs and/or Rules. Should the Client/Customer disagree to new Tariffs and/or Rules, he/she shall have the right to cancel the Agreement in accordance with the procedure set forth therein.

The Client/Customer shall pay the Bank for issue of the Cards, their exchange and renewal at opening of a Card Account or at exchange or renewal of the Card.

Interest on authorized and/or unauthorized Overdraft shall be calculated for each day from the date of occurrence of the Overdraft up to the date of redemption of the indebtedness to the Bank.

7. Overdraft.

The Cardholder shall attend to and keep track of spending of monetary funds from his/her Card Account in order to prevent an Overdraft (either authorized or unauthorized).

Should an Overdraft occur, the Bank shall immediately block the Card Account and enter the Card in the Stop-List. The Bank shall charge interest on the amount of the Overdraft at the rate stipulated in the Tariffs. The interest shall be charged from the time of occurrence of the Overdraft till the time of its redemption by the Cardholder.

The Cardholder shall enter/pay the amount of funds required for redemption of the amount of Overdraft and charged interest within the month during which the Overdraft has taken place.

8. Claims.

The Bank shall not be responsible:

  • for any third person’s (Seller’s) refusal to accept the Card;
  • for the quality of goods and services acquired using the Card;
  • for limits and restrictions set by a third party that may affect the Cardholder’s interests.

9. Loss of Card.

Should the Card be lost or stolen or should the Card become unusable for any other reason, as well as should PIN-Code come to any third person’s knowledge, or in the event of unauthorized use of the Card by third persons, the Cardholder shall promptly notify the Bank thereof (43, Zhylianska St., city of Kyiv, tel.: 8-800-30-05-10, 490-05-26, 279-51-61, fax: 490-05-01, 279-31-02) by making a verbal statement. Should the Card be lost abroad, the loss shall be reported to the nearest police station, following which the Bank should be contacted. Should it be impossible to notify the Bank at once, the nearest office of Visa International or the Bank where such Card is serviced, should be notified.

After a lapse of 2 (two) hours from receipt of verbal statement of loss (theft) of the Card or any unauthorized use of the Card by third persons (hereinafter referred to as the “Statement”) by the Bank, the Cardholder shall be released from liability for any transactions performed using the Card, except for the cases provided for by the Agreement with the Cardholder.

The Cardholder undertakes to furnish the Bank, if necessary, with all information required for investigation of the circumstances of loss of the Card.

Information on all lost and stolen Cards shall be entered in the STOP-List. Should any Card that has been reported to be lost or stolen, be found, the Cardholder shall immediately notify the Bank thereof. The Bank shall issue a new Card upon written application of the Cardholder.

10. Term of validity of the Card.

Term of validity of the Card is indicated on the face of the Card. Payment Card shall be valid up to the last day of the year and month indicated thereon (inclusive). The Bank shall issue a new Card provided that the terms and conditions of the Agreement with the Cardholder or/and the terms and conditions of the Salary Agreement (if any) have not been violated; as this takes place, the old Card shall be cancelled in accordance with the established procedure. The Cardholder shall be responsible for destruction of all Cards of the Card Account in question after expiration of such Cards, and in case of Invalidation of the Cards – for return of such Cards to the Bank.

The Cardholder shall not have the right to use an Invalid, counterfeit, forged Card. The Cardholder shall be held liable for violation of this requirement in accordance with effective legislation of Ukraine.

If the card was stolen or lost, immediately call

OTP Bank Cardholder Support Service:

  • Phone: (044) 490 05 26, (044) 290 92 36 (24-hours);
  • You can also call MasterCard Assistance Center, phone: +1-636-722-7111 (24-hours);
  • You can also call Visa International Service Center, phone: +1 (0) 410-581-99-94 (24-hours).


Checking the card account balance in automatic mode


Dear Customers!

You can receive information about the balance on your card account in automatic mode. The service provides 24 hours a day, free of charge and does not require connection with Call Center agent. Service is easy to use. All you have to do is to dial a Call center phone number 044 490 05 26 (city number in Kiev). Next, following voice instructions, press the button “1” on your phone, then dial all 16 digits of the card number (4 blocks of 4 digits on the facial side of the card) and listen information about balance on your payment card.