TopCard Service Ltd Flughofstrasse 35 P.O. Box CH-8152 Glattbrugg Tel. +41- 44-828 31 34 Fax +41- 44-828 33 76 Application for TopCard Credit Cards. Please fill in legibly with complete details. Minimum age: main card 18 years, partner card 16 years. 1 Choice of card / annual fee I already hold a TopCard Credit Card. My card number is card(s) as second/partner card(s): and I would like the following I do not hold a TopCard Credit Card and would like to apply for the following card(s): MasterCard Visa Standard/Classic Gold Main card 1st year Thereafter, each subsequent year CHF 50 CHF 100 CHF 100 CHF 200 EUR 65 EUR 130 USD 75 USD 150 Second card CHF 25 CHF 50* EUR 30* USD 50* Partner card CHF 25 CHF 50* EUR 30* USD 50* * only available with Gold main card Desired package limit: 2 Priority Pass (available only with Gold main card) Access to airport lounges – free of charge Main card Partner card As a holder of TopCard Credit Cards Gold you receive a Priority Pass free of charge. This entitles you to access over 700 airport lounges globally. Every lounge entrance is charged to your credit card account at net price. The validity of your Priority Pass ends upon dissolution of your TopCard credit card contract or the expiry of the Priority Pass. Afterwards you will have no access to the airport lounges with this card. Priority Pass is a product of Priority Pass Ltd. with a main office in London. Data protection regulations and conditions of use can be found at www.prioritypass.com. 3 Particulars of persons applying for main/second card Ms Mr 4 Correspondence address Bank, company: Last name: Contact person: First name: Address: Actual address of domicile/seat: Postcode, city: 5 Bank details and method of payment* Postcode, city: Country of domicile: Bank: Mobile: Postcode, city: Nationality: Contact person: Date of birth: Telephone: Correspondence language: Account number: English German French Italian For persons resident in Switzerland who do not have a Swiss passport I enclose a copy of the Swiss foreign national’s permit (obtained from the Foreigner’s Police Department), type: __ Clearing number: IBAN number: Payment with paying-in slip I would like to pay my monthly invoices via paying-in slip (foreign currencies via payment order). Payment via direct debit (LSV+ with right of revocation) I would like my monthly invoices to be debited directly via LSV+ from the above account (CHF/EUR). Please continue on the next pages * The indication of a banking connection is also necessary by payment with paying-in slip. The main cardholder must either have his domicile in Switzerland or dispose of a private account at a bank in Switzerland. 6 Employment 9 Signatures (main and partner card) Profession: Position: Gross annual income: CHF Employer: Postcode, city: At this job since: Work phone: 7 Particulars of person applying for partner card Ms Mr I confirm that the information provided in this application is true and accurate. Furthermore, I declare that I have received and accepted the enclosed General Terms and Conditions (GTC) governing the use of TopCard credit cards. Finally, I authorize TopCard (and UBS Card Center Ltd, which conducts card-related business on behalf of TopCard) to obtain all information required to check this card application and process the contract and fulfill legal obligations, particularly those concerning the combating of money laundering, and to file reports (as explained in the General Terms and Conditions under point 9, “Obtaining, processing and disclosure of data / involvement of third parties”). TopCard reserves the right to refuse this application without stating its reasons or to set a lower spending limit than the standard limit for creditworthiness reasons. Upon acceptance of this application by TopCard, the authorization (figure 8) for the bank named in figure 5 shall enter into force and I will receive a written confirmation of acceptance, the TopCard credit card and the PIN code. By signing and / or using the TopCard credit card, I confirm that I have accepted the contents of the confirmation of acceptance. Last name: Place, date: First name: Actual address of domicile/seat: Signature of main cardholder: ✘ Postcode, city: Country of domicile: Place, date: Nationality: Date of birth: Mobile: Signature of partner cardholder: ✘ Recommended by: Acquicode 8 Authorization for TopCard Credit Card I hereby authorize the bank named in figure 5 to obtain information from TopCard Service Ltd (TopCard) and UBS Card Center Ltd (UCC), which conducts card business on behalf of TopCard, in connection with the TopCard Credit Card(s) managed on my credit card account, about transactions carried out, the current card balance and the currently available credit limit. This bank shall also be authorized to disclose changes of address to TopCard and/or UCC, amend payment instructions, block or cancel the cards, submit orders (e.g. for PIN codes, payment slips, copies of invoices, tax statements, replacement cards) and request a copy of the credit card agreement, correspondence, account extracts and statements. reset This authorization shall enter into force upon acceptance of this application and shall be valid until TopCard receives express written notice of its revocation. The authorization shall also remain in full force and effect after my death or in the event of my incapacity to act on my own behalf. Applicable law and place of jurisdiction are governed by the provisions in figure 10.2 of the General Terms and Conditions. Have you remembered everything? Has the application form been completed in full? Have you signed the card application (separate signature for partner card)? Is the separate form “Information on verifying the identity of the client and for establishing the identity of the beneficial owner” completed in full, signed by the bank and enclosed? Is the “Bank guarantee” enclosed? For persons resident in Switzerland who do not have a Swiss passport Have you attached a copy of your Swiss foreign national’s permit (obtained from the Foreigner’s Police Department)? To be completed by the bank (payment via direct debit, bank details see figure 5) LSV+ realized: Yes No LSV-IDENT.TOZ1W Contact person: Telephone: Stamp/endorsement: Please send the application and the additional documents required to: TopCard Service Ltd, Flughofstrasse 35, P.O. Box, CH-8152 Glattbrugg Private cards Information on verifying the identity of the client and for establishing the identity of the beneficial owner. Financial intermediary confirmation The financial intermediary Additional PEP information PEP status refers to: Name of financial intermediary: main cardholder/second cardholder (contracting partner) Address: Last name, first name: Postcode, city: holder of partner card Acquicode: Last name, first name: hereby confirms that the contracting partner (main cardholder) third-party beneficial owner Last name, first name: Last name, first name: Actual address of domicile/seat: Is the above-mentioned person the official him/herself? Yes Current function/activity: Postcode, city: Country of domicile: Has held this office since: Nationality: Date of birth: No, the above-mentioned person is not the official him/herself but has a close relationship with the official (e.g. family member, business partner, etc.). was duly identified at the beginning of the business relationship and that the card application bears the true signature of the contracting partner. Information on the official: PEP information The cardholder (main cardholder, holder of partner card) and the beneficial owner (in the case of a third party/parties) is a politically exposed person (PEP) or has a close relationship with a PEP at the time of the card application: Yes No Last name, first name: Nationality: Country of domicile: Current function/activity of the person holding the important public office: If yes, the financial intermediary must complete the “Additional PEP information” on the right hand side. Has held this office since: Relationship between the abovementioned person and the official: Information for establishing the identity of the beneficial owner In regard to the assets used to settle the credit card bills of the main card and any partner card(s) (if applicable) or paid to the issuer of the credit card in excess of such amount (please mark with a tick where appropriate, tick one box only): the main cardholder is the sole beneficial owner the following person(s) is/are the beneficial owner(s): (please submit all information on the person(s) resp. company as requested below) Last name, first name resp. company name, nationality, date of birth, actual address of domicile/seat, postcode, city, country of domicile: The financial intermediary undertakes to automatically inform TopCard Service Ltd of any changes. Signature of the financial intermediary Place and date: Stamp and legal signature of the financial intermediary: ✘ Please send the duly completed and signed form to: TopCard Service Ltd, Flughofstrasse 35, P.O. Box, CH-8152 Glattbrugg print TopCard Service Ltd Flughofstrasse 35 P.O. Box CH-8152 Glattbrugg Tel. +41- 44-828 31 34 Fax +41- 44-828 33 76 General Terms and Conditions for the Use of TopCard Credit Cards These General Terms and Conditions (GTC) govern the legal relationship between TopCard Service Ltd (hereinafter referred to as TopCard) and the person applying for the card or the holder1 of the TopCard Visa and/or TopCard MasterCard Credit Cards (hereinafter referred to as the cardholder). 1 Issue of card 1.1 Upon approval of the card application by TopCard, the applicant receives a written confirmation of acceptance, the requested TopCard Visa and/or TopCard MasterCard Credit Card(s) (hereinafter referred to as the card) and the associated PIN code for each card. By signing and/or using the card, the cardholder confirms that he has received the GTC and accepted their content. 1.2 The cardholder may request the issue of additional and partner cards (hereinafter likewise referred to as cards). 1.3 Each card issued remains the property of TopCard. 2 Use of the card and authorization of transactions 2.1 Transactions may be authorized at merchants worldwide, subject to the individual card and cash withdrawal limits (hereinafter referred to as spending limits): 2.1.1 by entering the PIN code, signing the sales slip or by simply using the card (for example in car parks, at tollbooths or for contactless payments) when paying for goods or services or when withdrawing cash at an ATM or bank counter, or 2.1.2 by giving the cardholder’s name as it appears on the card, the card number, the expiry date, and, if requested, the three-digit security code (CVV, CVC) when paying for goods or services by telephone, by correspondence or online. When using online shops on the internet that are 3-D-Secure enabled, the password must also be entered when the correct security message appears. 2.2 The cardholder acknowledges all transactions authorized in accordance with point 2.1 and the resulting claims of merchants respectively. At the same time, he irrevocably instructs TopCard to automatically settle the claims of merchants. 2.3 The cardholder undertakes to use his card only to the extent that his financial circumstances allow. It is prohibited to use the card for illegal purposes. 2.4 TopCard may at any time modify the options for using the card (point 2.1) as well as the spending limit. The spending limit is shown on the monthly statement and in TopCard Online portal or may be requested from Customer Services. 3 Costs/interest 3.1 Costs, fees, commissions and credit interest may be charged to the cardholder in connection with the card and its use. These charges shall be brought to the attention of the cardholder together with the card application and/or in an appropriate manner and may be requested from Customer Services at any time or accessed online at www.topcard.ch. Furthermore, thirdparty costs may be passed on and expenses incurred by the cardholder shall also be charged. 3.2 Amendments to prices/interest rates which are in line with changing market conditions or costs may be made at any time via adjustments to the fee schedules/product information sheets – in justified cases without prior notification to the cardholder. Such amendments shall be communicated to the cardholder in an appropriate manner. Upon notification and in the event of objection the cardholder shall be free to cancel the card with immediate effect. 3.3 In the event of transactions in a different currency than the card currency, the exchange rate from the day preceding the date of booking is applied and an additional processing fee is charged. 1 4 Invoicing/methods of payment 4.1 TopCard shall grant the cardholder a credit in the amount of the spending limit, which shall be managed as a current account facility on the credit card account. All transactions authorized in accordance with point 2 and the costs/interest pursuant to point 3 shall be booked to a credit card account. The annual interest of 12% shall be charged on all transactions as well as costs, fees and commissions (with the exception of charged credit interest) from the date of the transaction in question. 4.2 The cardholder shall receive a statement each month containing all transactions authorized in accordance with point 2 and the costs/interest owed pursuant to point 3 and is obliged to pay these. Any disputes in relation to discrepancies and complaints about goods or services and any resulting claims (see point 6.1) do not release the cardholder from his obligation to pay the monthly statements. 4.3 Provided the selected credit card product does not include a payment in installments option, the cardholder is obliged to settle the entire statement amount by the payment date indicated on the statement at the latest using a payment type accepted by TopCard. This also applies to cardholders who are domiciled abroad as they must not use the payment in installments option (point 4.4). 4.4 If the credit card product includes a payment in installments option and the cardholder does not live abroad, he may choose between paying the entire statement amount (section 4.3) or transferring an installment (minimum amount: 5% of the statement amount but no less than CHF/USD/EUR 50) by the payment date indicated on the statement at the latest. 4.5 If the entire statement amount is paid on time, TopCard shall not charge the annual interest of 12% on the transaction amounts (point 4.1). 4.6 If, however, the statement amount is not received or is not received in full by the stipulated date, the annual interest of 12% shall be charged on all transaction amounts as well as costs, fees and commissions (with the exception of charged credit interest) from the date of the transaction in question. The interest payable is displayed and billed in the statement for the following month. (Partial) payments are taken into account in the further interest calculation after being booked and are initially offset against open interest receivables. 4.7 If a payment is not made or an installment of less than the minimum amount (section 4.4) is paid, the outstanding part of the minimum amount is added to the minimum amount of the following monthly statement (5% of the next statement amount but no less than CHF/USD/EUR 50). In this case, TopCard also has the right to demand the immediate payment of the entire open statement amount (including charges/interest pursuant to point 3) and to block the card. Any reminder and collection fees shall be borne by the cardholder. 5 Obligation to exercise due care The cardholder is in particular obliged to exercise the following duties of care. 5.1 The card must be signed by the cardholder, in the area provided for this purpose, immediately upon receipt. 5.2 The PIN code, password and security message for 3-D Secure (hereinafter authentication details) and the card must be kept with particular care and separate from each other. The card and authentication details must not be sent, passed on or made accessible to third parties in any other way (e.g. by not concealing the PIN code when entering it). The authentication details must never be noted on the card or saved electronically (not even in an altered form) and must not be easily ascertainable (e.g. telephone numbers, dates of birth, car license numbers). If there is reason to assume that another person is aware of these authentication details, the cardholder must change these details immediately. The singular form also includes the plural, and all masculine terms refer to persons of both genders. 5.3 The cardholder must always know where his card is and regularly ensure that it is still in his possession. 5.4 The monthly statements must be checked immediately upon receipt, at best against the sales and transaction receipts. If the cardholder wishes to object to any discrepancies, in particular debits resulting from misuse of the card, he must report this to Customer Services immediately upon receipt of the monthly statement, but in any case no later than 30 days (date of postmark) of the statement date by written notice of complaint sent to the address of TopCard. If the objection is not submitted in time, this may result in the cardholder violating his obligation to minimize losses and in his being held responsible for the resulting losses. 5.5 The cardholder must report any instance of loss, theft, confiscation or misuse as well as suspicion thereon immediately to Customer Services, regardless of any time difference. If there is suspicion that a criminal act has occurred, the cardholder must further report this to the local police in Switzerland or abroad immediately and take all reasonable steps to assist in clearing up the matter and minimizing the loss or damage incurred. 5.6 If the card is blocked/cancelled, the cardholder shall be obligated to inform all merchants that are paid using the card for recurring services (e.g. newspaper subscriptions, memberships, online services) of the block/cancellation. 5.7 Expired, invalid or blocked cards must be automatically and immediately rendered unusable. Cancelled cards must be returned to TopCard. 5.8 If the cardholder fails to receive a new card at least 15 days before the expiry of the preceding card, the cardholder must report this to Customer Services immediately. 5.9 Changes to the information given on the card application (name, address, account number, etc.) must be reported to TopCard in writing within 15 days. 6 Responsibility/liability 6.1 The cardholder shall be liable for all liabilities arising from the use of the card. The holder of the main card shall be jointly and severally liable for all liabilities arising out of the use of additional and partner card(s), even if the holders of said cards receive separate monthly statements. Any disputes in relation to discrepancies and complaints about goods or services and any resulting claims must be settled directly by the cardholder with the involved merchant. When returning goods, a credit confirmation must be requested from the merchant; when cancelling a transaction, a confirmation of cancellation must be requested. 6.2 Until the card is blocked, the cardholder is responsible for all transactions authorized in accordance with point 2.1. In principle, the cardholder is liable for any risks resulting from misuse of the card. In any case the cardholder is liable for all transactions authorized using the PIN code. In all other cases, where a complaint is filed within the stipulated period (point 5.4), TopCard shall assume responsibility for loss or damage resulting from misuse of the card by third parties, provided the cardholder has in all respects complied with these GTC (in particular the obligation to exercise due care under point 5), and to the extent that he is not in any way to blame. Persons related to or otherwise associated with the cardholder, e.g. partners, authorized agents and persons living in the same household, shall not be deemed to be third parties. 6.3 Loss or damage resulting from the forwarding of the card and/or authentication details shall be borne by the cardholder. 6.4 Loss or damage incurred by the cardholder in connection with the possession or use of his card shall be borne solely by the cardholder. TopCard assumes no liability if a merchant refuses to accept the card as a means of payment or if, due to a technical defect, limit adjustment, termination or blocking, the card cannot be used. 6.5 Notwithstanding any cancellation/blocking of the card, TopCard remains entitled to charge the cardholder for all amounts relating to recurring services (see point 5.6). 6.6 TopCard accepts no liability for benefits or additional services made available with the card or for loss or damage covered by an insurance policy. 7 Card renewal 7.1 The card as well as the benefits and additional services connected therewith shall expire at the end of the month/year embossed on the card. A new card shall be supplied to the cardholder in good time unless the contractual relationship has been terminated. 7.2 If the cardholder neither wishes to renew his card nor the additional and/or partner card(s), TopCard must be notified accordingly in writing at least two months before the expiry of the card, failing which the annual fee for the card in question will be charged. 8 Blocking/cancellation 8.1 The cardholder or TopCard may at any time and without giving reasons arrange for the card to be blocked or the contractual relationship to be terminated. Termination of the main card automatically entails termination of all additional and/or partner cards. 8.2 Upon termination, all sums outstanding on the card(s) automatically become due for payment. The cardholder has no entitlement to a pro rata reimbursement of the annual fee. 9 Obtaining, processing and disclosure of data/involvement of third parties 9.1 TopCard may obtain from public bodies, residents’ registration offices, employers, banks/financial intermediaries and the Central Credit Information Office (hereinafter referred to as «ZEK»; members of ZEK include companies from the consumer credit, leasing and credit card sectors) all information required to check the credit card application, process the contract and fulfil legal obligations, particularly those concerning the combating of money laundering, and notify ZEK accordingly in the event of blocked cards, serious payment arrears or misuse of cards. ZEK shall be expressly authorized to make this data available to all ZEK members. To this extent, the cardholder releases these entities from the obligation to maintain bank client confidentiality, data protection and official confidentiality. 9.2 The cardholder further acknowledges that under the Swiss Consumer Credit Act, TopCard is obliged to obtain from the Consumer Credit Information Office information relating to liabilities of the cardholder reported to said Office. In addition, under the Consumer Credit Act, TopCard is obliged under certain circumstances to report any amounts outstanding to the Consumer Credit Information Office. 9.3 TopCard may engage the services of third parties in order to perform its duties. In particular, the cardholder agrees that UBS Card Center Ltd – which is charged to conduct the TopCard card business – and its agents (e.g. for the production of cards) shall be given access to his data insofar as this is necessary for the diligent performance of the tasks assigned to them. 9.4 The international card organizations (Visa International and MasterCard International respectively) and their contractors responsible for processing card transactions on their behalf shall be informed solely of the relevant transaction data (e.g. card and transaction reference number, transaction and invoice amount, booking and invoice date and information on the merchant). In certain cases (e.g. purchase of flighttickets, payment of hotel bills, car rental, purchase of fuel) they will also be informed of the name of the cardholder or the name of the person for whom the transaction was executed. 9.5 The cardholder further accepts that merchants in Switzerland shall also forward transaction data to the card issuer TopCard and its agent UBS Card Center Ltd respectively via the global Visa or MasterCard networks. 9.6 If payment is made by direct debit from an account held with another bank, TopCard is authorized to disclose the necessary data (name of the cardholder, address, number of the credit card account and the invoice amount) to this bank. 9.7 TopCard shall be permitted to send the cardholder fraud warnings to the cell phone number that he has specified. 9.8 TopCard shall be authorized to assign all claims in respect of the cardholder to third parties at any time. 10 Further provisions 10.1 In justified cases TopCard is entitled to modify the GTC at any time. TopCard communicates such modifications in advance and in an appropriate manner. The amendments shall be deemed to have been accepted by the cardholder unless an objection is raised in writing within one month of notification, but in any event when the card is first used. In case of objection and in case the cardholder is unable to reach an agreement with TopCard, the cardholder shall be free to cancel the card with immediate effect before the amendments become effective 10.2 The legal relationship between the cardholder and TopCard shall be governed by and construed in accordance with Swiss law. If the cardholder is resident in Switzerland, the place of jurisdiction for any disputes arising out of or in connection with this legal relationship shall be the competent court at the cardholder’s domicile. The cardholder may, however, also choose to take legal action before the competent authority at the seat of TopCard. Should the cardholder be domiciled outside Switzerland, the place of performance of all obligations of both parties, the place of debt collection (special domicile pursuant to Art. 50 (2) of the Swiss Federal Debt Enforcement and Bankruptcy Act [SchKG]) as well as the exclusive place of jurisdiction for any disputes arising out of or in connection with this legal relationship shall be Zurich. TopCard may, however, also enforce its rights in the domicile of the cardholder. Edition July 2016
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