FLEXI INSTALLMENT PLAN TERMS & CONDITIONS In consideration of National Bank of Abu Dhabi PJSC (hereafter referred to as the “Bank”) agreeing to make available the FGB FLEXI INSTALLMENT PLAN (hereafter referred to as the “FLEXI INSTALLMENT PLAN”) to the Cardmember (as defined hereunder) at the Cardmember’s request, the Cardmember hereby agrees to the following terms and conditions. 1. Definitions Under these Terms and Conditions, where the context so admits, the following expressions shall have the meaning herein designated unless otherwise distinguished: I. II. III. IV. V. VI. VII. “Bank” means National Bank of Abu Dhabi PJSC “Primary Cardmember” means the person who is approved for a FLEXI Line and to whom the card account is first opened by the Bank. “FLEXI Line” is the total Customer level maximum eligible credit line approved by the Bank for both Credit Card and FLEXI Installment Plan Limit which are independent limits issued on the same platform “Cardmember” means the person who is offered FLEXI line (Credit card + FLEXI Installment Plan limit) by the bank. “FLEXI Installment Plan account” is an account opened by the Bank for the purpose of listing all the Credits and debits carried out by the customer for FLEXI Installment Plans disbursed by the Bank “FLEXI Installment Plan Limit” means the maximum debit balance permitted by the Bank that can be used to avail multiple FLEXI Installment Plans for transfer to any personal Bank account in the UAE or for transfer to settle personal Credit Card outstanding’s in other Banks, as notified to the Cardmember from time to time. “FGB FLEXI Installment Plan Program” (hereafter referred to as “FLEXI Installment Plan”), means the cash installment plans to be granted to the card member by bank based on his requirement at any point of time. 2. Eligibility I. The FLEXI Installment Plan is offered exclusively to our customers who have approved FLEXI Installment Plan Limits, (Who meets the criteria determined by the Bank for this facility and to whom the offer to apply for such facility has been communicated by the Bank). II. FLEXI Installment Plan Limit will be allocated as below: Cardmembers applying for FLEXI Line will be issued a credit card with a credit limit based on customer maximum eligibility as per the Bank’s policy. Additional limit will be approved as a FLEXI Installment Plan Limit as per customer eligibility and the Bank’s policy FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC Cardmembers applying only for a Credit Card will be issued only a Credit Card with a limit assigned as per the Bank’s policy Cardmembers applying only for a FLEXI Installment Plan limit will be approved for maximum eligible FLEXI Installment Plan Limit as per the Bank’s policy at the Bank’s discretion III. The Bank shall issue the FLEXI Line with a FLEXI Installment Plan requested by the Cardmember at its sole discretion and reserves the right to refuse approving a FLEXI Line with a FLEXI Installment Plan limit to any Cardmember without revealing the reasons for such refusal. IV. The Bank may run promotions from time to time at its discretion V. For FLEXI Installment Plan disbursals to customer personal accounts or Credit Cards held with other banks, the Card members name on the other bank account/ Credit Card should be the same as the approved FLEXI Line. VI. Cardmembers will be permitted to make adjustments to their Credit Card and FLEXI Installment Plan limit via telephonic instructions as detailed in clause 5 below. Any such adjustments will be done based at the bank’s sole discretion in lines with the policy 3. Amount of the FLEXI Installment Plan I. The amount of the FLEXI Installment Plan booked by the Bank shall not be less than AED 500 (transfer to Bank account) or AED 1000 (transfer to Credit Card) and in all cases the principal amount of FLEXI Installment plans shall not exceed 90% of the available FLEXI Installment Plan Limit on date of requesting. II. The installment amount of the FLEXI Installment Plan booked out of the FLEXI Installment plan limit will include the interest component of the FLEXI Installment Plan amount III. The Bank shall have the right to determine the amount of any FLEXI Installment Plan it issues at its sole discretion, provided that the same is within the limits described in Clause 3.1 above and does not exceed the amount requested by the Cardmember. 4. Billing and Repayment of the FLEXI Installment Plan I. The FLEXI Installment Plan outstanding amount will be reflected in the next monthly statement of the FLEXI Installment Plan limit. II. The FLEXI Installment Plan outstanding amounts will abide by the same Terms and Conditions that are available in Annexure I and Annexure II below. FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC III. The repayment of the amount booked will be in equated monthly installments based on the period of tenure opted by the Cardmember. IV. The interest charged on the FLEXI Installment Plan will be at a flat rate as decided by the bank from time to time and will be levied upfront. V. AED 100 cancellation fee will be levied and no interest will be reversed on premature cancellation of the plan for premature cancellation of the plan. VI. The Bank shall apply an exception to Clause 4.V at its sole discretion and a fee of 1% of the outstanding amount will be applied for premature cancellation of the plan availed by the customer. VII. The FLEXI Installment Plan monthly installment will be due in full on the due date mentioned on the monthly statement. VIII. Cardmembers will need to make their FLEXI Installment Plan Limit statement due payments separately to their FLEXI Installment Plan Account 5. Acceptance of Telephonic Instructions . The Cardmember authorizes the Bank to accept telephonic instructions given to the Bank to avail a pre-approved FLEXI Line, make adjustments to individual Credit Card and FLEXI Installment Plan Limits issued under the Cardmembers FLEXI Line or book FLEXI Installment plans whenever the Bank receives a telephone call from a person who identifies himself/herself as being the Cardmember. II. The Cardmember agrees that the confirmation by the caller of the Cardmember’s identity, by provision of the personal details required by the Bank, will be sufficient evidence for the Bank to identify the caller and to act upon his/her instructions. III. The Cardmember hereby consents to the recording of such telephone calls by the Bank and accepts such recordings as evidence before a court of Law or any other legal proceedings with regards to all the particulars of the FLEXI Line or FLEXI Installment Plan including, but not limited to: issuance of the FLEXI Installment Plan, its amount, number of installments, etc. The Cardmember consents to the use of such recordings by the Bank. IV. The Cardmember authorizes the bank to accept instructions pertaining to the FLEXI Line or FLEXI Installment Plan received by a letter, telephone, internet, IVR, SMS, or any other channel introduced by the bank from time to time. V. Cardmembers will be charged Late Payment Fees upon any default in payment of the any due monthly installment. FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC VI. The Cardmember agrees that the Bank’s records pertaining to the FLEXI Line and FLEXI Installment Plan Limit will be final and binding and that he/she shall not deny the validity of the transactions made with relation to the FLEXI Installment Plan. 6. Indemnity I. The Cardmember agrees to hold harmless and indemnify the Bank against any loss, cost, damage, expense, liability or proceeding incurred by the Bank by reason of these Terms and Conditions or any breach thereof or as a result of it acting upon the Cardmember’s instructions. II. The Bank shall not be in breach of these terms and conditions or otherwise liable to the Cardmember for any delay, non-performance, non-occurrence or failure with respect to the FLEXI Installment Plan, which is due to an event of Force Majeure. In such an event, the Bank may cancel, terminate, modify or suspend the promotion and terminate these terms and conditions and the Bank’s obligation to the Cardmember is automatically discharged without liability to the Bank and necessity of the Bank to provide notice to the Cardmember. For the purposes of these terms and conditions, Force Majeure means a circumstance beyond the reasonable control of the Bank including amongst other things, strikes or other industrial disputes, acts and/or regulations of any governmental or supra national bodies or authorities in any jurisdiction (including without limitation any charges to laws which could hinder, delay, restrict or prohibit the promotion) or any transport, port or air disruption, Acts of God; hurricane, tornado, or other weather conditions; labor strike, lockout or other industrial disturbance or; war, riot, sabotage, act of public enemy or threat of any of the foregoing; terrorist act or gang violence or threat of any of the foregoing; flood or other natural disaster. 7. The Terms and Conditions herein shall be without prejudice to the Terms and Conditions governing the issuance and use of the National Bank of Abu Dhabi PJSC 8. If at any time dispute arises in connection with either the FLEXI Line or FLEXI Installment Plan program or these Terms and Conditions, the Bank’s decision in connection with the same shall be final and binding. The Bank reserves the right to terminate the FLEXI Installment Plan without prior notice. 9. The Bank may from time to time, without giving prior written notice to the Cardmember, change any provision of these Terms and Conditions at its sole discretion. 10. The Cardmember acknowledges that he/she has read the entire Terms and Conditions and accepts to be bound by them. The Cardmember also agrees that his/her usage of the FLEXI Installment Plan establishes his/her consent to these Terms and Conditions. 11. The Terms and Conditions are governed by and shall be construed in accordance with the laws of the UAE and the Cardmember hereby submits irrevocably to the laws of the non-exclusive jurisdiction of the FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC civil courts of Dubai. Such submissions shall however not prejudice the rights of the Bank to bring proceedings against the Cardmember in any other jurisdiction. 12. Other terms and conditions apply. Annexure I- Payment Details of all fees & charges referred to in this section are listed in the accompanying Service & Price Guide. This Service & Price Guide may be amended from time to time usually giving advance notice to the Cardmember. I. II. III. IV. V. The Cardmember agrees to pay to the Bank upon request an annual fee as prescribed by the Bank for the Card when issued or renewed. The Cardmember agrees to pay the total amount of all charges described as the current balance specified in the FLEXI limit statement which is due in full and payable not later than the date specified on the FLEXI Installment Plan limit Statement. The Cardmember shall incur no financial charge or Late Payment Fees if payment of the current balance is received by the Bank on or before the payment due date. The Cardmember shall and undertakes to stay within the prescribed FLEXI Installment Plan Limit assigned by the Bank and further undertakes to effect no FLEXI Installment Plan transactions which may cause the aggregate outstanding balance under all such transactions to exceed such FLEXI Installment Plan Limit. If in contravention to this provision, the Cardmember exceeds the FLEXI Installment Plan Limit, then the Cardmember shall pay the amount exceeding the FLEXI Installment Plan Limit in full and the monthly amount due in addition an overlimit Charge. If the Cardmember fails to pay the monthly amount due by the payment due date, or no payment is made, or payment is made but after the payment due date a late payment fee be levied. All payments received by the Bank from the Cardmember towards his/her FLEXI Installment Plan Limit maybe applied in the following order of payment or such other order of priority as the Bank may deem fit: a. FLEXI Installment Plans interest b. FLEXI Installment Plans principal installment amount c. All Bank charges such as credit shield, annual fees, late payment fees, over limit fees shown in the FLEXI Installment Plan Limit Statement The Bank shall be entitled at its sole discretion to vary the rate or method of calculation of its fees and charges including but not limited to the Annual fees, additional charges, finance charges, the specified monthly amount due, late payment fees and/or any other fees or charges. All payments made by the Cardmember shall be in the billing currency of the FLEXI Installment Plan limit. Any payment made by the Cardmember in the billing currency of the FLEXI Installment Plan limit will be credited to the FLEXI Installment Plan limit only on the date of the Bank's posting of the funds (post realization) into the FLEXI Installment Plan Account FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC VI. VII. VIII. IX. X. XI. XII. Additional charges as prescribed by the Bank are payable by the Cardmember to the Bank immediately upon any request to the Bank for the provision of copies of statements and any further services the Bank may provide from time to time. Without prejudice to the Bank's rights at any time to take the appropriate legal action, the Bank may charge fees for any returned unpaid cheques drawn by the Cardmember to the Bank in full or partial payment of the outstanding amount The Cardmember hereby expressly agrees that if any sums shall be due from the Cardmember to the Bank at any time under the FLEXI Installment Plan, or the Cardmember shall be liable to the Bank on any banking account, current or otherwise, in any manner or if default is made by the Cardmember in the provisions of such accounts or in any other banking facilities granted by the Bank to the Cardmember, then and in such event, the whole outstanding balance on the FLEXI Installment Plan limit shall become immediately due and payable and the provisions of clause Annexure II hereof shall be applicable. Any cheque deposit shall be acceptable for collection and the proceeds shall not be available until the cheque has been cleared and the proceeds paid to the Bank by the paying bank. Any cash deposits may only be regarded as having been received by the Bank upon crediting the same to the FLEXI Installment Plan Account. The Bank may at any time demand that the Cardmember deposits an undated cheque and/or pledge cash collateral in favor of the Bank for the amount that the Bank may require even when such a cheque was not demanded when the FLEXI Installment Plan limit was issued to the Cardmember. The Cardmember, in such an eventuality, will be deemed to have authorized the Bank to insert the date on the said cheque and to present it for payment on the inserted date against any amount due to the Bank. Non receipt of Statement of Account shall not be construed by the Cardmember to be sufficient reason for non-payment of dues on time. The payment by the Cardmember of any sum to the Bank in respect of any FLEXI Installment Plan Statement shall constitute binding and conclusive evidence of the acceptance by the Cardmember of the entries shown on that FLEXI Installment Plan Statement. Annexure II. Termination I. II. Notwithstanding the payment provisions outlined under Annexure I above, all amounts outstanding on a FLEXI Installment Plan limit together with the amount incurred by the use of the FLEXI Installment Plan limit but not yet charged to the Cardmember's account shall be payable immediately in full upon the termination of this Agreement The Cardmember may at any time notify the Bank of his intention to close the FLEXI Installment Plan limit and terminate the use of it by giving a notice in writing. The FLEXI Installment Plan limit shall be closed only after the receipt of full payment of all charges and liabilities under the Cardmembers FLEXI Installment Plan limit. FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC III. IV. V. VI. VII. VIII. The Bank may at any time recall the FLEXI Line or all or any FLEXI Installment Plan limits and terminate its/their use without giving prior notice to the Cardmember. The Cardmember shall immediately upon first demand, make full payment of all charges and liabilities to the Bank. IV. The use of the FLEXI Installment Plan limit shall be terminated by the Bank without notice upon the death, bankruptcy or insolvency of the Cardmember or when the whereabouts of the Cardmember become unknown to the Bank due to any cause not attributable to the Bank. The Cardmember and/or his estate will be responsible for repaying in full any outstanding balances on the FLEXI Installment Plan limit and shall keep the Bank indemnified for all costs (including legal fees and Charges) and expenses incurred in recovering such outstanding balances. The Bank shall not be liable to refund the annual membership fee for or any part thereof in the event of the termination of the FLEXI Line FLEXI. (if any) In the event that any Security is held by the Bank as collateral for the issuance of the FLEXI Installment Plan limit, the Bank reserves the right to retain such security for a period of at least 45 days following the FLEXI Installment Plan limit being cancelled whether cancelled by the Cardmember or the Bank or following the Agreement being terminated. The Bank reserves the right to enforce and liquidate any security retained as stipulated in (vi) above and shall apply proceeds of such enforced security in the manner provided in Annexure I (v) above FGB is a registered trademark owned by National Bank of Abu Dhabi PJSC
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