FNB General, FNB Cheque Account and FNB Visa Debit Cards Terms and Conditions
These are the Rules applicable to ALL our FNB Cheque Account products, FNB VISA Cheque Card, an FNB VISA Electron
Debit Card and FNB Petrol Card, held at First National Bank, a division of FirstRand Bank Limited and services. You agree to
be bound by these Rules when you open the Account with us and when you use the Card.
Definitions
“Account”
“ATM”
“Authorised
Signatory”
“Card”
“Dormant”
“Instrument”
“POS”
“You/Your/
Customer”
“VISA”
“we/us/our/ Bank”
“Additional Card”
“PIN”
“POS”
“Supplier”
means the FNB Cheque Account opened and held by you with us;
means an Automated Teller Machine;
means the person who is authorised by you to transact on your Account;
means any of the FNB Petrol Card, FNB VISA Cheque Card and FNB VISA Electron Debit Card issued by us;
means that no Customer initiated transaction, whether debit or credit, has passed through the Account for a period of 90
(ninety) days;
means a negotiable instrument, such as a cheque;
means a Supplier’s point-of-sale device, which is enabled to accept the Card;
means the Customer who is the holder of the Account;
means Visa International Services Association; and
means First National Bank, a division of FirstRand Bank Limited, registration number 1929/001225/06.
means a Card that you applied for as the holder of the Account to be issued to and used by the Additional Cardholder.
means the personal identification number issued by us to you or to the Additional Cardholder.
means a Supplier’s point-of-sale device, which is enabled to accept the Card.
means any person or entity from whom a cash advance was obtained, goods were purchased or services obtained.
1.
Fees and Charges
1.1
We have the right to charge the Account with charges and fees for transactions made on the Account. Once debited
to your Account, these fees and charges are non-refundable and will not be reversed.
These fees and charges are set out in our pricing brochure, which is available at any FNB branch or on our website,
www.fnb.co.za with the exception of the dispute and voucher fees which are available on request at our branches.
We may at any time amend or introduce new fees and charges for the use of the Account, for which we will give you
twenty one (21) days notice
1.2
1.3
2.
Statements
2.1
Statements should be checked for accuracy on receipt. Any discrepancy should be reported to us within 30 days,
otherwise the statement will be deemed to be correct.
If there is a dispute in respect of the items appearing on a statement, our records shall be the primary source of
proof.
2.2
3.
Confidentiality and Disclosure of Information
3.1
Your personal information will be treated as confidential and will not be disclosed, except:
3.1.1 when we are legally compelled to do so;
3.1.2 if it is in the public interest to disclose;
3.1.3 where our interests require disclosure; or
3.1.4 when you have given your consent.
3.2
3.3
You acknowledge that in processing your application, we may access any information recorded with any party.
You confirm that any information relating to the state and conduct of your relationship with us may be disclosed to
and used by any of our other Divisions and any credit bureau or similar agency.
4.
Correspondence and Legal Notices
4.1
We may send you any correspondence (including statements) by post to your last known address, fax, email, SMS or
other similar technology.
Legal notices and summonses will be served at your last-known street address, which address you choose as your
domicilium.
You must notify us of any changes in any of your addresses by post, fax, email, or via our call centre or any FNB
Branch. Our systems may take up to 14 days to register the change.
When you change your street address, you must give us proof of your new address. Any correspondence we send to
you:
4.4.1 by post, will be considered to have been received by you within 14 days of posting;
4.4.2 by fax, email or SMS, will be considered to have been received by you on the day that it was sent, or in the
case of a Saturday, Sunday or public holiday, on the next business day.
You should send any legal notices or summonses to us at the following address, which we choose as our domicilium:
rd
FNB Legal, 3 Floor, No 1 First Place, Bank City, Johannesburg. 2001
4.2
4.3
4.4
4.5
5.
Amendment of Rules
We may, at our discretion, change any of these rules and any product or service specifications. You will be given notice of
material changes only and, unless you terminate this agreement before the effective date of the changes, you will be bound
by them.
6.
Jurisdiction and Costs
6.1
You agree that any action brought against you for a claim that may arise under this agreement may be brought in the
Magistrate’s Court, even if the amount we claim from you exceeds the jurisdiction of that Court.
You agree to pay all our expenses in recovering any amounts you owe us, including legal costs on the attorney and
client scale, collection charges and tracing fees, and VAT thereon.
6.2
7.
Access and Use of the Account
7.1.
Access to Account
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
7.2.
Your application for the Account is subject to our standard approval criteria applicable from time to time.
Before opening the Account, we have the right to make enquiries into your personal and financial position,
request additional documentation and verify this information to ensure that you meet the requirements of the
Account and to comply with applicable legislation. You agree that we may send your information to credit
bureaux or similar agencies, as part of our standard approval process. You undertake to inform us if you
personal or financial details change and that this information will be complete and correct.
The Account may be accessed by way of a cheque (only applicable to customers who are older than 18),
Visa Debit Card, ATM, POS or electronic channels such as internet, cellphone and telephone banking and
the FNB branch network, or such other means as we communicated from time to time. To use these
channels you may have to apply and qualify for access to these channels.
We will issue you with an FNB Visa Electron Debit Card linked to the Account
We may issue you with an FNB Visa Cheque Card or FNB Petrol Card linked to the Account should you
qualify for an overdraft.
When you use the Card you will be deemed to have accepted the Rules for Cards linked to the Account.
We may grant an overdraft facility to you and the use of this facility will be governed by the terms and
conditions on the credit agreement. The Rules will apply irrespective of whether or not you use the overdraft
facilities granted on the Account.
Use of the Account
7.2.1
Payments
7.2.1.1 We have the right to pay all Instruments purported to be drawn, made or accepted and signed by
you or on your behalf and to debit the Instruments to the Account whether the Account is in credit
or not.
7.2.1.2 In terms of the law, we are not obliged to pay a cheque drawn on us by you in certain
circumstances, including when the cheque is post-dated or stale, is not properly drawn, does not
appear regular or genuine, is altered or if you do not have sufficient funds in your Account to meet
the whole amount of the cheque.
7.2.1.3 Although we have no duty to pay your cheques or to process other payment instructions, such as
debit orders and scheduled payments, if these payments exceed the available balance in your
7.2.1.4
7.2.1.5
7.2.1.6
7.2.2
Deposits
7.2.2.1
7.2.2.2
7.2.2.3
7.2.4
Account, we may choose to process these payments and you will be liable for the repayment of the
amounts paid, in addition to interest and charges. You must contact us and arrange for a
temporary overdraft, before you instruct us to process a payment that will exceed the available
balance in your Account.
Payment of the cheque may be delayed to give us time to verify the authenticity of the signature
and the identity of the person claiming payment.
We will not reverse any payment made by us upon your instruction.
You must take reasonable care in drawing your cheques and take all precautions to ensure that
your cheques are not stolen or altered. You must report any theft or loss of your cheques, whether
they are drawn or blank, by immediately calling your nearest FNB branch or the following number:
0860 112244 (available 24 hours) and requesting us to stop payment of the lost or stolen cheques.
If an Instrument is deposited into your Account, we will credit the Account, but the funds will only
be available as cash when the Instrument has been honoured, unless otherwise agreed by us. If
the Instrument is dishonoured, your Account will be debited accordingly and we will send the
Instrument back to you at your own risk. Any withdrawal by you against uncleared Instruments will
be at your risk and we will be entitled to debit your Account with the amount of an unpaid or
dishonoured Instrument.
We are not responsible for errors resulting from incorrect information provided by you or on your
behalf and do not accept responsibility for ensuring that you have lawful title to the Instrument
deposited into your Account.
You agree that cheques will be cleared by us through any clearing system used by clearing banks
and that the use of such system constitutes proper presentment for the purposes of the applicable
legislation and common law.
Authorised Signatories
7.2.4.1
7.2.4.2
You may nominate Authorised signatories who may operate on your Account by completing the
standard mandate forms provided by us and you agree that these persons will have unlimited
access to your Account.
Transactions made by any Authorised signatory, together with fees and charges relating to the
transactions, will be debited to your Account and you are liable for all amounts so debited.
8.
Interest and Liability
8.1
Transactions made by you or a third party on the Account, together with fees and charges relating to the transactions,
will be debited to your Account and you are liable for all amounts so debited. All transactions, fees and charges will
be reflected on the statement, ATM mini statement of the Account or on a transaction record from one of our
branches.
We will be entitled to charge interest at the maximum rate allowed by law, as amended from time to time, on the
amount that exceeds your available balance, if you do not make arrangements with the Bank and we elect to process
your payment instructions that will cause the Account to exceed the available balance.
We will notify you of changes in the interest rate in your monthly statement and/or through notices in the media or in
our branches.
8.2
8.3
9.
Breach
9.1
We have the right to demand payment from you of any amount overdrawn with interest and this full amount will be
payable immediately. You will be in breach if you do not pay this outstanding amount or make appropriate
arrangements with us and we will have the right to institute legal action against you, without further notice, to recover
the amount due to us.
No relaxation or indulgence granted by us to you or to any other party will be deemed to be a waiver of our rights, nor
be a replacement or waiver of these Rules.
We have the right, without notice to you, to combine any or all accounts that you may have with us and to set off any
amount that you owe us against any amount that we hold to your credit for whatever reason. However, we reserve
the right to combine only some of your accounts and then we will be entitled to claim from you any amount in respect
of an account that has not been combined.
9.2
9.3
10.
Dormant Accounts
10.1
When your Account is dormant for more than one year, you agree that we may close it. We will attempt to contact
you before the Account becomes Dormant or is closed, unless the credit balance on the Account is less than R250,
which amount may be changed from time to time by us. No interest is earned on the credit balance from the time that
the Account is closed.
If there is a credit balance on the Account and you do not claim it by the time that we close the Account, the funds will
be transferred to a suspense account held by us for safekeeping.
You retain the right to these unclaimed funds for a period of sixty years from the day that the Account became
Dormant, if you can prove your claim and complete our claim forms.
10.2
10.3
11.
Account closure and termination of the agreement
11.1
We have the right to cancel this agreement and close your Account at any time following the expiry of reasonable
notice, except when we are required by law or have reasons to believe that your Account is being used for fraudulent
purposes; then we may close your Account without notice, at which time the Card must be returned to us.
You may terminate this agreement by advising us in writing and at the same time returning all your Cards and
chequebooks, but you must allow for seven days before your Account can be closed to allow for settlement of
outstanding transactions that have not yet been processed. Once these transactions have been processed, you are
entitled to withdraw the remaining funds from the Account.
When this agreement is terminated, the full amount you owe us with respect to all transactions remains due and
payable, subject to any arrangements in place in respect of the Account. You agree that we are entitled to retain
sufficient funds in the Account to provide for amounts that may become due to us after termination.
If your estate is placed under an order of provisional or final sequestration, liquidation or judicial management, or you
die, the full amount of your indebtedness will immediately become due and payable to us and all access to the
Account will be restricted.
If we are required by law to do so or we have reason to believe that the Card is being used for fraudulent purposes,
we may terminate this agreement and your right to use the Card without any notice.
11.2
11.3
11.4
11.5
12.
Issue and Use of the Card
12.1.
Issue of the Card
12.1.1 The Card is issued by us, remains our property and must be returned to us immediately on our request. The
Card is Visa branded, issued by us under license of Visa.
12.1.2 When we issue the Card, we will also issue you with a unique PIN (excluding FNB Petrol Card), which you
may change at any FNB ATM. The PIN must not be disclosed to anyone else and must be kept secret and
separate from the Card.
12.1.3 You must elect the Account to which the Card will be linked.
12.2.
Use of the Card
12.2.1
General Obligations
12.2.1.1
12.2.1.2
12.2.1.3
12.2.1.4
12.2.1.5
As soon as you receive the Card, you must sign it with a ballpoint pen.
You are the only person who may use the Card and you may not transfer it to any other
person or authorise any other person to use it. You must keep the Card safe.
The Card may not be used for any illegal transactions and it is your responsibility to ensure
that a transaction is lawful before the Card is used.
When you buy goods or services with the Card, you must sign a transaction slip and/or apply
the PIN, as required by the Supplier. When you use the Card to withdraw funds other than
from an ATM, you must sign the cash withdrawal voucher. If the transaction takes place by
mail order, telephone order or other electronic access channel, you will be asked for card
related information before you may use these channels to transact.
Limits on POS, ATM and branch transactions apply when the Card is used. You may
increase or decrease these limits by changing them at a FNB branch. You agree to be
responsible for the risk associated with the limits and any increase in these limits that you
may request.
12.2.2
Use of Card outside South Africa (excluding FNB Petrol Cards):
12.2.2.1
12.2.2.2
12.2.2.3
12.2.2.4
When the Card is used outside of the Common Monetary Area (CMA, including South Africa,
Namibia, Botswana, Lesotho and Swaziland), the applicable Exchange Control Regulations
must be complied with.
Any transaction or payment in a currency other than South African Rand will be debited to
the Account at VISA’s prevailing rate of exchange on the date of settlement. The transaction
will appear on the Account statement in Rand.
We are required to report transaction that occurs outside South Africa to the South African
Reserve Bank.
If you have not given us the required information and documents to comply with the Financial
Intelligence Centre Act, you may not use the Card outside of the CMA and may only use the
Card outside of South Africa, but within the CMA for POS payments and cash withdrawals.
13
FNB Petrol Card
13.1
13.2
13.3
You may elect one current Account to link to the Card.
This Card may be used at a service station or other outlet in the Republic of South Africa, which has contracted with
a bank to accept the Card, for:
- fuel, oil, lubricants, additives and related products,
- motor vehicle spares, parts and accessories, and
- motor vehicle maintenance and related services.
This Card may not be used:
- to withdraw cash;
- to obtain the balance on the Account,
- to make deposits into the Account,
- to purchase or transact by mail order, telephone or electronically,
- as a reference for recurring payments, including debit orders, subscription fees and membership fees, or
- for any other transactions and payments not stated in 14.2
14
FNB VISA Cheque Card
14.1
14.2
You may elect multiple cheque Accounts to link to the Card.
This Card (together with the PIN) may be used to:
- withdraw cash,
- obtain the balance on the Account, and
- deposit into the Account.
This Card (without the PIN) may be used to:
- purchase goods and services from Suppliers who display the VISA logo, and
- purchase or transact by mail order, telephone and/or electronically.
This Card may not be used:
- as a reference for recurring payments, including debit orders, subscription fees and membership fees, or
- for any other transactions and payments not stated in 15.2 and 15.3.
14.3
14.4
15
FNB VISA Electron Debit Card
15.1
15.2
You may elect multiple current or transmission Accounts to link to the Card (excluding the Mzansi Account).
This Card (together with the PIN) may be used to:
- withdraw cash from an ATM and selected POS devices,
- perform any standard ATM function at a FNB ATM,
- obtain a balance of the Account at an ATM and selected POS devices, and purchase goods and services from
Suppliers who display the VISA ELECTRON logo.
This Card may not be used:
-to purchase or transact by mail order, telephone or electronically,
- as a reference for recurring payments, including debit orders, subscription fees and membership fees, or
- for any other transactions not stated in 16.2.
15.3
16
Unauthorised Use of the Card
16.1
You must take all reasonable steps to prevent any unauthorised use of the Card and/or PIN (if a PIN has been
issued) and we have the right to debit the Account until we have been notified of the loss or theft of the Card.
You must notify us immediately on 0800 110 132 if the Card has been lost or stolen, and/or someone has obtained
the PIN.
16.2
17
Replacements and Expiry of Card
17.1
17.2
17.3
The Card is valid from the first day of the month of the valid date until the last day of the month of the expiry date as
indicated on the Card and you may only use the Card for this period. When a Card has expired, you must destroy the
Card by cutting through the magnetic strip. You may collect a renewal Card at a FNB branch where the Account is
held or another FNB branch if so advised by us.
You may request us to issue a replacement if, the Card is lost, stolen, damaged or has expired.
The same limits and functionality will apply to the renewal or replacement Card.
18
Additional Cards (subject to our authorisation)
18.1
18.2
You may nominate Additional Cardholders to whom we may issue Additional Cards and PIN’s, if required.
You agree that once the Additional Cardholder has been issued with an Additional Card and PIN, that person will
have unlimited access to the funds in the Account/s linked to the Additional Card.
Transactions made by the Additional Cardholder through the use of the Additional Card, together with fees and
charges relating to the Additional Card, will be debited to your Account linked to the Card and you are liable for all
amounts so debited.
If you do not pay us in full for the transactions, the Additional Cardholder will be jointly and severally liable to us as
co-principal debtor for all amounts, which includes interest levied on the transaction amount/s and applicable
fees/charges, owing to us on the Account through the use of the Card, and obligations arising out of these Rules.
You have the right to claim possession of the Additional Card from the Additional Cardholder on demand, but you are
not entitled at any time to any knowledge or access to the Additional Cardholder’s PIN, if issued. The Additional
Cardholder’s right to use the Card may only be terminated if you:
19.5.1
advise us in writing that you wish to terminate the Additional Cardholder’s Card and
19.5.2
the Additional Card is returned to us.
These Rules are also binding on the Additional Cardholder. It is your responsibility to ensure that the Additional
Cardholder complies with these Rules and that you inform the Additional Cardholder of any changes.
We may terminate the right of any Additional Cardholder by advising you in writing, at which time you must return the
Additional Cardholder’s Card to Us.
18.3
18.4
18.5
18.6
18.7
19
Right to debit the Account or decline transactions
19.1
19.2
Each time the Card or the Card number (and PIN, where applicable) is used in a transaction, we have the right to
debit the Account with the transaction amount whether or not a transaction slip or cash withdrawal voucher has been
signed. All Card transactions, fees and charges will be shown on the statement, ATM mini statement of the Account
or on a transaction record from one of our branches, as appropriate for the type of Account.
If there are insufficient funds in the Account, we have the right to decline an authorisation request for a transaction.
20
Disputes with Suppliers
20.1
A dispute between you and any Supplier will not:
20.1.1
affect our right to debit the Account with any transaction and receive payment of the transaction amount
from the Customer, or
20.1.2
give you the right to:
20.1.2.1
instruct us to refuse to pay the Supplier,
20.1.2.2
request a charge-back of payment already made to the Supplier, for goods purchased or
services obtained with the Card, or
20.1.2.3
bring any claim, or institute any counter claim against us, or to apply set-off against us.
All payments that we have made to a Supplier for any transaction are final and irreversible, unless a reversal is
allowed by the VISA rules and regulations, as published by VISA from time to time or if there was duplication in
payment because of human and/or technical error on behalf of the Supplier.
You must raise any Card-related disputes within 30 days after the transaction date with the branch at which the
Account is conducted, by completing the relevant dispute forms.
20.2
20.3
21.
Card Fees and Charges
21.1
21.2
The Account may be charged with a Card replacement fee if the Card is lost, stolen or damaged.
The Account will be charged with:
21.2.1
a fee for each transaction made through the use of the Card, as advised by us from time to time,
21.2.2
a dispute fee, if you raise a dispute against a Supplier for any transaction and the transaction is proved to
be correct, and
21.2.3
22
a voucher fee for any request made to us to obtain a duplicate voucher from a Supplier, with the exception
of a transaction initiated using an FNB VISA Electron Debit Card, where no voucher requests may be
made.
Liability and Exclusion of Liability
You will be liable for:
22.1
22.2
22.3
all unauthorised Card-based transactions until we have been notified of the loss or theft of the Card,
any unauthorised transaction that has been debited to the Account through any person using the PIN, unless you can
prove that such person did not obtain the PIN as a result of your negligence and
any unauthorised transaction that has been debited to the Account through any person using the Card for
transactions made by mail order, telephone or electronically, unless you can prove that such person did not obtain
the Card or Card number as a result of your negligence.
23.
Lost Card Protection (“LCP”), excluding the Business Visa Electron Debit Card
23.1
Lost Card Protection will protect you against unauthorised and fraudulent use of the Card, except for PIN-based
transactions, from the time of the loss or theft of the Card until you have notified us of the loss or theft.
If you are negligent in safeguarding the Card or reporting the theft or loss of the Card, you will not enjoy the
protection of Lost Card Protection.
Any delay in reporting the loss or theft of the Card will be regarded as negligence and you will have to prove to us
that you were not negligent.
23.2
23.3
24.
ATMs
We are not responsible for any loss you may suffer as a result of a failure, temporary breakdown or malfunction of an ATM.
25
General
25.1
Before opening any account/s, we must verify your identity, residential address and suitability as an account holder.
We reserve the right to refuse to open an account or accept a deposit.
You must immediately inform us if you are placed under an administration order, are sequestrated or have any other
form of legal incapacity.
If your estate is placed under an order of provisional or final sequestration or you pass away, the full amount you owe
us will immediately become due and payable.
If we need to take legal action against you, one of our managers (who need not prove his appointment) will produce a
certificate to the court, recording the amount you owe us. If you disagree with this certificate, you will have to prove
that it is incorrect.
No variation of these terms and conditions and no waiver of any of our rights will be of any force unless put in writing
and signed by our authorised representatives.
These terms and conditions are governed by South African law.
In case of fraud, suspected fraud, or the law compels us to do so, we reserve the right to freeze or close your account
and/or stop a service without notice
We may from time to time amend these Rules, by notifying you of material changes and these Rules together with
Product specifications, rules, benefits and features, as changed by us from time to time, form the agreement between
us.
If you are dissatisfied with the changes, you may terminate this agreement prior to the expiry of 21 days after we
have communicated the changes. The changes will be binding on you and will form part of this agreement upon
expiry of the 21-day period.
You may not amend these Rules without our prior written consent.
25.2
25.3
25.4
25.5
25.6
25.7
25.8
25.9
25.10