First Card APPLICATION 1 Travel account Corporate liability To be filled in by First Card FC customer No. Travel Agency customer No. FC agreement’s ID Private liability Please, fill in application no 4. for each employee. Company’s name in full Company name on card badge (max 26 positions with capital letters) applies only to company cards Company registration number Address Postal code Postal address Telephone: Invoice address if other than above Company’s contact Telephone: Company’s operations Invoice receiver Year of establishment Estimated number of cards Telephone: Number of employees If applicant is a subsidiary, state parent company’s name Bank Annual turnover Parent company’s corporate registration number Office Contact, bank Telephone: Payment term and invoice model (Payment term i e the period from invoice date to due date) PERIOD Monthly invoice, 15 days payment Two invoices/months, 20 days payment Weekly, 25 days payment Monthly invoice, 30 days payment (SEK 150 extra/card or according to offer) Invoice model (company card and/or travel account) MODEL 1 One invoice for the entire company MODEL 2 One invoice per cost centre (attach list) MODEL 3 One invoice per each cardholder In addition, separate specifications per cost centre (attach list) All travel purchases on a separate invoice Method of payment (Only one choice is possible) Inpayment form Autogiro (the space below must be filled in) Bank E-invoice (contact your Internet bank) Clearing number Bank account number Company’s travel agency (specified in connection with application for First Card Travel Account) Company’s travel agency Estimated travel volume SEK/year Travel agent’s address and location First Card Company Card is to be issued in the names of the following persons (annual fee SEK 595 per card) Surname, first name (max 26 positions in capital letters) Social security number (personnummer) Surname, first name (max 26 positions in capital letters) Social security number (personnummer) The above persons have our approval to use First Card and charge to our account.We also confirm that the above personal data correspond to our employment register.We approve that the above specified travel agency is entitle to debit our First Card Travel Account in respect of trips, and also due charges. Complete account regulations are attached to the card and are approved by virtue of use and signature of the card. Kindly attach certified copy of valid certificate of registration and current annual report. Place and date Authorised signatory Clarification of signature Please send your application to: First Card, C502, SE-105 71 Stockholm If you have any questions please contact Customer Service via telephone +46 8 534 910 80 or e-mail [email protected] 2005.08 First Card is issued by Nordea Bank AB (publ) General terms and conditions FCF201007V01 First Card with corporate liability 1. Parties First Card refers to First Card charge card which is issued by Nordea Bank AB (publ), as well as First Card Travel account (N/FC). Under these general terms and conditions, the parties are the accountholder and N/FC. The accountholder agrees to be bound by the general terms and conditions by signing the application. The accountholder is responsible for ensuring that the cardholders follow these general terms and conditions and any instructions which N/FC communicates. For questions relating to co-operation agreements, kindly contact N/FC by telephone on +46 (0)8 534 910 80. In respect of N/FC and the payment services covered by these general terms and conditions, all information which N/FC supplies may be found in these general terms and conditions, in extant service descriptions or provided in another manner in connection with payment transactions. In addition to this, NF/C does not supply any further information, other than on the request of the accountholder. 2. Definitions Accountholder: Legal person that has been granted First Card charge cards following an application on behalf of its employees and/or travel account. The card: First Card, a charge card issued by N/FC with a MasterCard or Visa function which makes it possible to execute a payment transaction. Cardholder: Physical person for whom the card is issued. Travel agency: Travel agency/travel provider authorised by N/FC. Business partner: A company that sells its services via the travel agency. Travel account: An account intended for purchases of travel agency or travel provider services Booking card: A charge card issued by N/FC with a MasterCard function which makes it possible to execute a payment transaction. Employee: Employee or associate of the accountholder who is entitled to make purchases from the travel agency on behalf of the accountholder. Vendor: A company connected to MasterCard’s or Visa’s payment systems that provides products and services in return for card payments. Automatic teller machine: An unmanned terminal where the cardholder may withdraw cash using a card and code. Payment order: An order from the cardholder to N/FC that a transaction shall be executed. Payment transaction: A deposit, withdrawal or transfer of funds to and from a card and/or travel account. 3. Use of the card and/or the travel account 3.1 First Card charge card, purchase of products and services The card may be used as payment for products and services from vendors in Sweden and abroad which are connected to MasterCard’s or Visa’s systems. The card may also be used for cash withdrawals in banks or from automatic teller machines connected to MasterCard or Visa, in Sweden or abroad where accepted. See section 3.2. The card may not be used in contravention of applicable law. Nor may the card be used at a vendor if the accountholder or the cardholder and the vendor are identical and is run as a private business, partnership, limited partnership or limited liability company which is a so-called close company. The card may be used for payments abroad. When using the card abroad, a passport or other acceptable means of identification must be presented. The card may not be used to pay instalments on hire-purchase transactions or for payment of other debts that the accountholder has to the vendor or N/FC. Nor may the card be used to make wagers in gaming or similar activities. In order to execute a payment transaction, the cardholder shall provide information according to the requirements in section 4. “Authorisation to execute payment transactions and cancel payment orders”. When the cardholder uses the card as a means of payment for ordering products and services at a vendor, the cardholder is obliged to seek information about the vendor’s terms and conditions for ordering and cancellation of those products and services. The accountholder has payment liability for fees to the vendor for ordered but uncollected or unutilised products or services, under the vendor’s terms and conditions. 3.2 Cash withdrawals from Swedish or foreign automatic teller machines The card may be used for withdrawals in SEK or foreign currency at MasterCard or Visa or affiliated bank branches and at authorised foreign exchange dealers as well as from automatic teller machines carrying the MasterCard or Visa symbol. This also applies abroad. A fee of 2% is currently levied on the amount withdrawn, converted to SEK from another currency where applicable, and subject to a minimum fee of SEK 40. N/FC is not responsible for any additional fees imposed by Swedish or foreign banks nor for any additional withdrawal limits applied. At present, total withdrawals in SEK or any foreign currency per calendar month may not exceed SEK 10,000 or equivalent. The withdrawal limit for First Card Executive is SEK 20,000 or equivalent. N/ FC or the foreign bank is entitled to set another minimum or maximum amount per withdrawal or period. 3.3 Use of the card abroad Payment transactions in foreign currencies are converted to SEK at an exchange rate applied by N/FC. The exchange rate is based on a reference exchange rate, determined by MasterCard or Visa for this purpose and which applies the day the payment transaction is received by MasterCard or Visa. A currency conversion surcharge corresponding to 2.0% of the amount in SEK is also levied. At the request of the accountholder, N/FC may inform the accountholder of the reference exchange rate for an individual payment transaction. The accountholder bears the risk that fluctuations in exchange rates may occur during the period from the transaction date until the payment transaction is received by N/FC and is charged to the card. This also applies to purchases, cash withdrawals and returns in Sweden in another currency than SEK. 3.4 First Card Travel Account, travel purchases etc. The accountholder and the travel agency shall agree on which employees are to be authorised to use the travel account and to charge payments to it, as well as other terms applicable in connection therewith. Foreign currency and traveller’s cheques may also be obtained through the travel account. N/FC assumes no responsibility for, and the accountholder shall indemnify N/FC for any misuse of the travel account. The travel account may not be used for payment of other debts to the travel agency. N/FC may inform the travel agency of the accountholder’s current debt so that the account can be debited correctly. 3.5 First Card Booking Card The card may only be used for booking and payment of travel via the internet and/or travel agencies that accept MasterCard as a means of payment. The card does not have a magnetic strip and may not be used in physical environments. 4. Authorisation to execute payment transactions and cancel payment orders In order to be able to execute a payment transaction, the cardholder shall provide information and authorise the transaction as follows. The card must be shown when the cardholder is physically present during payment with the card, e.g. in a store or during a cash withdrawal. The cardholder then authorises purchase/withdrawal through his/her signature or by entering his/her PIN code. In Sweden, a form of identification approved by the banks must be shown if requested by the vendor. In the event of payment via telephone, internet, mail order or in another way when the cardholder is not physically present at the vendor, the cardholder authorises the purchase by stating the card’s number, period of validity and any supplementary information such as the CVC2 (MasterCard) / CVV2 (Visa) security code to the vendor, and gives their consent to charging the card. In certain environments, a payment transaction must be authorised by pushing buttons, entering further code(s), passwords or in another manner according to N/FC’s or the vendor’s instructions. A payment order may not be cancelled after the cardholder has authorised the payment transaction. However, the cardholder – under the terms and conditions and within the time agreed with the vendor – may approach the vendor regarding an individual or a series of payment transactions not yet executed, in order to cancel previously issued payment orders for those items. The cardholder may be charged afterwards for costs which have arisen in connection with hotel stays, car hire etc. if the cardholder was informed of and accepted this when ordering the service or in the agreement with the vendor. If the cardholder has authorised a payment transaction in accordance with this section, N/FC is responsible for executing the payment transaction. If a payment transaction is not executed or is executed improperly, and these irregularities are caused by N/FC, N/FC is responsible towards the accountholder. Where applicable, N/FC shall repay, in an appropriate manner and without undue delay, the amount to the accountholder and restore the balance in the charged account to what it would have been if the improper payment had not been executed. N/FC is responsible towards the accountholder for any charges that N/FC has occasioned and for any interest that the accountholder shall pay due to the payment transaction not being executed or executed improperly. 5. Time for execution of a payment order After the vendor has received a payment order from the cardholder for a purchase or withdrawal, it is transferred to N/FC within the time limits established in the agreement between the vendor and the vendor’s bank (redeemer). After N/FC has received the payment order from the redeemer, N/FC charges the card’s account with the purchase amount and amount of withdrawal respectively. This normally occurs one to two banking days after the cardholder has made the payment order to the vendor, but may also take place subsequently. In the event of a return, N/FC places the return amount at the cardholder’s disposal as soon as possible after the vendor’s bank has transferred the return to N/FC. 6. Repayment of the payment transaction In the event of a complaint about an authorised and executed payment transaction, on account that the exact amount of the transaction was not specified in connection with the authorisation of the payment transaction and the amount of the payment transaction exceeds the amount that the accountholder/cardholder could reasonably have anticipated, the accountholder/ cardholder is only entitled to demand repayment of that portion of the transaction amount that exceeds what the accountholder/cardholder could reasonably have anticipated. 7. Responsibility for use of the card and PIN code, and the use of the travel account 7.1 General The card is personal and may not be handed over to or used by other persons. This applies irrespective of whether or not the handing over of the card entails a greater risk of the card being used by an unauthorised person. The card is an instrument of value and shall be kept safe in the same secure manner as money and other instruments of value. The cardholder must take required measures to ensure protection against the card being used in an unauthorised way. The card may not for instance be left unguarded in a hotel room, other temporary residence or in a vehicle, bag, coat pocket etc. where it is not under control. In public places the cardholder must keep the card under continuous supervision. This also applies in environments where outside parties certainly do not have access, but where the risk of theft is nevertheless greater than for instance at a place of residence. In the event of burglary at a residence or a place of employment, the cardholder must check to ensure that the card has not been stolen. The forwarding by post of a physical card that has not been arranged by N/FC may only take place by way of registered post in Sweden. The accountholder undertakes to ensure that the cardholder follows these general terms and conditions and that employees also follow these general terms and conditions and other terms and conditions agreed between the accountholder and the travel agency. 7.2 PIN codes The card is personal and may only be used by the cardholder. The cardholder is obliged: • to write their signature on the back of the card upon receipt and destroy any card obtained previously • to immediately destroy the code slip received from N/FC as soon as the cardholder has memorised the code • not to reveal the code to anyone • not to write down the code on the card or allow a record of the code be attached to the card or store it along with the card • if the code is written down, its status as a code or its connection with the card must not be indicated • only to write down the code in such a way that an outside party would not have reason to assume that the record refers to a PIN code • to keep the card in a safe place, and • to immediately notify N/FC upon loss of the card and each time it is suspected that the card or copy of it has come into the possession of another person • to immediately report suspicions to N/FC that another person has become privy to the code. 7.3 Payment liability for unauthorised transactions If an unauthorised transaction has been caused by the accountholder/cardholder’s negligence in respect of 1 (2) FCF201007V01 his/her obligations, the accountholder shall bear the entire loss under the general terms and conditions. The accountholder is not liable for losses which result from unauthorised transactions executed after the accountholder/cardholder has requested that the card should be blocked, in accordance with N/FC’s instructions. This, however, does not apply if the accountholder/cardholder has acted fraudulently. 7.4 N/FC’s right to block the card N/FC reserves the right to block the card on any of the following grounds: 1. if secure use of the card may be at risk, for instance due to technical reasons, 2. suspicion of unauthorised or fraudulent use of the card, or, 3. a considerably increased risk that the accountholder cannot fulfil his/her payment liabilities. 7.5 Loss of card etc. A request to block the card must be made at the earliest possible opportunity after discovery of loss of card or if it is suspected that an unauthorised person has become privy to the code, or that the card/card number is being used improperly, see section 7.3 “Payment liability for unauthorised transactions”. The request must be made immediately to N/FC using the following telephone numbers: +46 (0)8 534 910 80 or +46 (0)8 402 59 79 (after office hours). All calls to and from the Blocking service are normally recorded. A police report must subsequently be made if unauthorised use of the card has taken place. 7.6 Replacement of card When a card is replaced or when the agreement expires, all cards issued should immediately be destroyed. If several cards have been issued at the accountholder’s request, the payment liability ceases only for those cards that have been cut up and returned to N/FC. If a card that has been reported lost is retrieved, it may not be used. Instead, N/FC should be informed of the retrieval and the card subsequently destroyed. If a card is reported unusable it may not subsequently be used but must be destroyed. Furthermore, N/FC is entitled, for the purpose of preventing crime or other misuse of accounts or cards, to recall the card, without any expense to the accountholder, and replace the card. 8. Payment liability connection to direct debit if there are insufficient funds in the account on the due date, if the conditions of the account are changed, or if the accountholder on several occasions has stopped payments from the account without just cause. The payment recipient may also, in corresponding circumstances, discontinue the connection to direct debit. 10. Complaints Vendors connected to MasterCard and Visa are liable towards the accountholder/cardholder for defects in products or services according to the applicable law in each country. Complaints should therefore be directed to the vendor and not to N/FC. However, if the accountholder wishes to lodge a claim against N/FC, the accountholder shall, without undue delay, from the time the latter became aware of the unauthorised transaction or incorrectly executed payment transaction, notify N/ FC in writing and request correction (”register a complaint”) not later than 45 days after the date of invoice, otherwise the accountholder/cardholder is barred from referring to the defect. The business partner and the travel agency are liable towards the accountholder for any defects in products or services purchased via the travel account according to applicable terms of agreement and applicable law in the country where the purchase was made via the travel account. 11. Fees and interest 11.1 Yearly fee A yearly fee is payable for the card according to N/FC’s current price list. The price list is available on N/FC’s website firstcard.se. The yearly fee is debited the account in advance. Debited yearly fees are not repaid. 11.2 Failure to pay If the accountholder does not pay the invoice within the prescribed time, N/FC is entitled to charge the account with the applicable charge for delay, collection costs and penalty interest. At present the following fees apply: Delay charge: SEK 50 per invoice Penalty interest: 2.5% per month 11.3 Other fees Other fees are stated in N/FC’s current price list. The price list is available on N/FC’s website firstcard.se. 8.2 Expiry of payment liability The accountholder’s liability for a card expires when it has been cut up and returned to N/FC. If there is a residual debt in the account when the card is returned, the payment liability regarding that debt remains, and these terms and conditions continue to apply, as appropriate, until the debt has been repaid. 11.4 Change of fees N/FC is entitled to change fees or impose new fees and cost restitutions whenever the cost level justifies it. Yearly fees and other fees in connection with handling and use of the card are payable according N/FC’s current price list. The price list is available on N/FC’s website firstcard.se. Changes concerning the yearly fee, or equivalent, are effective from the charging period following the fee change. Other fee changes take immediate effect. N/FC is entitled to charge the accountholder for the price and fees that the accountholder should pay. In the case of monthly payment, the accountholder is invoiced one-twelfth every month. In the case of yearly payment, the accountholder is invoiced for the yearly fee every year in the month when the card or service was ordered, or on a common date for all cards. 9. Payment terms 12. Duration of agreement and termination 9.1 Invoicing N/FC invoices the accountholder for the current debt periodically, as stated in the application or in a separate agreement. If the accountholder so desires, the cardholder can be invoiced directly to an optional address. All invoicing is in SEK. When invoicing charges made to the travel account, the conversion rate used by business partners and the travel agency will apply. The agreement is valid until further notice. Both the accountholder and N/FC may terminate this agreement subject to one month’s notice. Notice of termination must be in writing. If the accountholder fails to perform his obligations towards N/FC according to these general terms and conditions or if the accountholder dies, becomes bankrupt, suspends payments or is otherwise deemed insolvent or if there is reason to believe that the accountholder will not fulfil his/her obligations towards N/FC, then N/FC is entitled to terminate the agreement with immediate effect. In this case, the account debt, including any amount not yet invoiced, will fall due for immediate payment, and the right to use the card/travel account expires concurrently. N/FC is entitled to immediately recall the right to use the card or to block the card and/or travel account, if the accountholder violates these general terms and conditions, without any expense to the accountholder and replace (a) certain card(s). 8.1 General The accountholder is liable for all amounts charged to the account through the use of cards issued for the accountholder and/or the travel account, in addition to any interest and fees charged to the account under these terms and conditions. Also see section 7.3 9.2 Payment N/FC must receive full payment no later than the due date specified on the invoice. To ensure that the payment reaches N/FC in time, the accountholder should dispatch the payment at least three banking days before the due date. Payment with exonerating effect can only be made to a particular account which is specified and owned by N/FC. 9.3 Payment by direct debit The accountholder may specify an account for payment of debts as they fall due. With the accountholder’s approval, N/FC is entitled to make withdrawals corresponding to the current debt from the accountholder’s bank via direct debit. The accountholder is obliged to maintain a sufficient balance in the account to allow for the payment no later than on the banking day immediately preceding the due date. If there is an insufficient balance in the account, N/FC is entitled to penalty interest and other costs according to section 11 of these terms and conditions. If there is an insufficient balance in the account on the banking day immediately preceding the due date but funds arrive later, N/FC is entitled to execute a delayed transfer. 9.4 Recall of direct debit The accountholder’s approval is valid until further notice. The approval expires at the latest 5 banking days after it has been recalled. The approval is recalled by written notification to N/FC. N/FC or the bank may, but is not obliged to, terminate the accountholder’s 13. Change of general terms and conditions N/FC is entitled to amend these general terms and conditions. Such changes will come into effect 14 days after the accountholder has been informed of the amendment. Amendments which N/FC considers insignificant, or changes which are advantageous to the accountholder, may be applied immediately. If regulations that contravene these terms and conditions are issued by statute, other enactment or decision of a public authority, such regulations shall take precedent. 14. Notification/information The accountholder is obliged to inform N/FC of any change of name or address. Registered letters which N/FC sends to the accountholder shall be considered to have reached the accountholder not later than the seventh day after dispatch, if the letter was sent to the address specified in the First Card application or which is otherwise known to N/FC. For accountholders with access to N/FC’s online service [My Card Online] or other accounting services at N/FC, N/FC may issue information and notifications via these channels. The accountholder is considered to have received the information and notification if provided in the manner described above. If the accountholder has access to the online service or other accounting services at N/FC, the accountholder receives continual statements of payment transactions as executed and received payments are reported in the above-mentioned services. Otherwise, information on payment transactions is made available in the manner and according to the periodicity which N/FC applies at any time or which was specially agreed between the accountholder and N/FC. Any change of name, address, company form etc. must be immediately reported to N/FC and cards with incorrect information must be cut up in three parts and returned. Where appropriate, N/FC will issue new cards subject to a card replacement fee stated in the current price list. N/FC reserves the right to review the credit rating if the company form is changed. 15. Other conditions 15.1 Limited period of validity The card is valid for the period stated on the front of the card. On expiry of the period of validity, the card is automatically replaced by a new one, provided that these general terms and conditions have been observed. 15.2 Credit balance The accountholder is not entitled to interest on any credit balance in the account. 15.3 Services Special terms and conditions apply to services which are connected to the card and/or travel account and its use. Such terms and conditions are available on demand from N/FC. 15.4 Handling of personal data Personal data submitted in connection with the application/agreement or otherwise registered in connection therewith is handled by N/FC for preparation and administration of the service in question. In addition, personal data constitutes a basis for marketing and customer analyses, business follow-up, business and method development as well as risk management. The term risk management also relates to the handling of information regarding accountholders/borrowers for qualitative assessment of credit risks for capital adequacy purposes. Personal data may also be used for marketing purposes. The handling of personal data, within the framework of prevailing confidentiality regulations, may also take place in other companies of the Nordea Group as well as other companies with whom the group cooperates (such as MasterCard and Visa), within as well as outside the EU/EEA. Information as to which personal data is registered by N/FC may be obtained by written request to Nordea Bank AB (publ), Personuppgiftsansvarig, 105 71 Stockholm. Correction of erroneous or misleading information may also be made using the above address. What is stated above regarding accountholders/borrowers also applies to any guarantors and other pledgers. 16. Disclaimer N/FC is not liable for damage resulting from any Swedish or foreign law, Swedish or foreign regulatory action, act of war, strike, blockade, boycott, lockout or other similar circumstances. The reservation regarding strike, blockade, boycott and lockout applies regardless of whether N/FC itself is the object of or initiates such industrial action. Damage caused in other circumstances will not be compensated by N/FC, if N/FC has exercised due caution. NF/C is not liable for consequential damage, unless the damage was caused by gross negligence on the part of N/FC. In relation to execution of payment services N/FC is not liable in cases of exceptional or unpredictable circumstances beyond N/FC’s control and whose consequences would have been impossible for N/FC to avert despite all efforts. Nor is N/FC liable when N/FC acts in accordance with Swedish law or EU law. 17. Applicable law This agreement shall be governed by Swedish law. Disputes in respect of these terms and conditions shall be adjudicated in an ordinary court of law. 18. Insurance As regards the insurance cover connected to the card, see the special terms of insurance. 2 (2)
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