On the one hand, LLC "Paysera Bank Georgia" (Tax ID: 402204841), hereinafter referred to as the "Bank"and The Client, hereinafter referred to as the "Client", on the other hand Agree to the following:
ARTICLE 1. DESCRIPTION OF CARD SERVICES
1.1 Payment card services entail the execution of banking operations by the Client or by a person designated by the Client in writing (hereinafter referred to as the "Cardholder") through a "VISA" plastic card (hereinafter referred to as the "Card") issued by the Bank, excluding business cards. The Card is equipped with 3D security services.
1.2 Under this Agreement, the Client may receive one or several Cards, the type of which shall be determined by the Client in an application signed in relation to each specific Card, which constitutes an integral part of this Agreement. Additionally, the B ank may deliver the Card to the Client through the Client's execution of a Card receipt and delivery act at the Service Center, or by confirmation of receipt of a postal delivery.
1.3 The rules for using the Card are detailed on the "VISA" international payment system website: https://www.visa.com.ge/ka_GE/support/consumer/visa-rules.html
1.4 The Cardholder is the person in whose name the Card is issued (may be the Client or a person designated by the Client). Identification of the Cardholder is performed by the name and surname indicated on the Card surface, the signature specimen affixed thereon, and the secret Personal Identification Number (PIN code).
1.5 The period of Card usage is determined according to the validity period indicated on the Card. The Card's validity expires after the last day of the month indicated on the Card.
1.6 For Card usage, the Client is obligated to pay the Bank service commissions in accordance with the tariffs established by the Bank, which are posted at: www.paysera.ge
1.7 The Client has the right to have multiple card accounts and use several Cards associated with one card account (for the purposes of this clause, a card account shall be considered as the totality of accounts opened in different currencies that have one account number). The limit of additional Cards per account is 20 embossed Cards, both digital and physical combined.
1.8 The primary Cardholder, who is identified and verified at the Bank, is responsible for operations conducted with both primary and additional Cards, except for unauthorized or incorrectly executed transactions.
1.9 The Bank is not responsible for transactions conducted within the limit using contactless chip cards without PIN and chip.
ARTICLE 2. CARD - RELATED PROCEDURES
2.1 For conducting operations with the Card, the Bank will open the relevant card account(s).
2.2 The Client/Cardholder is authorized to use the funds available in the card account minus Card service commissions. In case of over draft (overspending) , the Cardholder is obligated to pay the respective commissions/fees.
2.2.1 In case of overdraft (overdraft means the appropriation by the Client/Cardholder of an amount exceeding the amount agreed upon between the Bank and the Client/Cardholder), including the detection of unauthorized overdraft provided for in this Article , the Bank shall inform the Client/Cardholder through Push notification. The user is authorized to activate the short text message (SMS) sending service. The Bank is not responsible for the non - receipt of any information to be provided/provided by the Bank to the Client/Cardholder under this clause, as well as under this Agreement, and/or the consequences caused by receipt by another person, if the information cannot be provided due to the fault of the Client/Cardholder and/or the Client/Cardholder has changed contact information/data (mobile phone number, address, email address, etc.) and has not notified the Bank thereof.
2.3 To reduce risks, the use of the Card and card account may be additionally limited by the Bank through the establishment of appropriate limits.
2.4 With the Client's written consent/application (via Internet Banking/Mobile Banking), it is permissible to manufacture and issue additional Cards associated with the card account. An additional Card is manufactured for another person designated by the Client (the Cardholder).
2.5 The Bank has the right to link a multi - currency account to one Card or several Cards to one bank account. Currency priority is determined by the Bank. The Client is authorized to change the currency priority by contacting the Bank. Information about th e balance(s) in the Card account(s) is indicated in the priority currency, according to the commercial exchange rate established by the Bank on that day. Accordingly, the Card's primary currency is GEL (Georgian Lari). Additional currencies are: EUR, USD, DKK, PLN, NOK, GBP, SEK, CZK, AUD, CHF, JPY, CAD, HUF, RON, BGN, NZD, HKD, INR, MXN, SGD.
2.6 The Card can be used for funds in different currencies. Card operations are reflected in the account primarily in the currency in which the operation was executed. If the user does not have funds in the Card operation currency in the respective card ac count and settlement of this operation was executed by the payment system, then the operation is reflected in the account in the payment system's settlement currency.
2.7 The user receives push notifications for transactions executed with the Card. Additionally, the user can activate the short text message service.
2.8 To receive the Card (regardless of whether it is primary or additional), the Client must submit to the Bank a relevant application (through Paysera Super App)/or through Internet Banking. When applying for physical Card manufacturing, the user must hav e sufficient funds in the current account for the Card manufacturing commission.
2.9 After crediting the amount(s) specified in subclause 2.8 of this Agreement to the card account, the Bank shall manufacture and deliver to the Client or Cardholder the Card and PIN code, together with relevant documentation and/or informational material s, within the period determined by the Bank. The user can collect the manufactured Card at the Bank's service center or use the home delivery service.
2.10 Upon delivery/transfer to the Client, the Card is not active and cannot be used. Card activation by the Client must occur within 90 (ninety) calendar days from its manufacturing (Card activation is performed via Internet Banking or Paysera Super App b y entering the Card's CVV code into the system); otherwise, it will be automatically blocked. If the Card is not activated within the aforementioned period or the Cardholder does not collect the Card, the Bank shall have the right to destroy the Card, and in this case:
2.10.1 The Client shall not be refunded the commissions paid;
2.10.2 The electronic version of Cards is active immediately upon Card registration, independently of the plastic card. In case of destruction of the plastic card, the electronic version of the Card remains active until its cancellation by the Client or un til the Card's validity period expires.
2.11 In the event that the account holder (Client) and the Cardholder are not the same person, i.e., in relation to an additional Card:
2.11.1 The account holder (Client) can independently: receive a new additional Card, request changes to currency priorities, open additional card account(s), cancel an additional Card, close a card account, block/unblock an additional Card, receive an addi tional Card retained by an ATM, change the Card's PIN code.
2.11.2 The Cardholder can independently: receive an additional Card, block/unblock an additional Card (only if the additional Card was blocked due to incorrect PIN code entry), receive an additional Card retained by an ATM (only if the additional Cardholde r's additional Card remained in the ATM or the additional Card was retained due to ATM malfunction), change the Card's PIN code (the Client must submit a relevant application to the Bank);
2.11. 3 Card opening, renewal, closure, and other Card - related operations by the Client are confirmed via Internet Banking and/or Paysera Super App, which has legal force equivalent to a document executed in written form, printed on paper, and confirmed by the Cl ient's signature.
ARTICLE 3. FUNDS CREDITED TO CARD ACCOUNT, UNAUTHORIZED AND AUTOMATIC OVERDRAFT
3.1 Disposal of funds credited to the card account is permissible within the limits established by the Bank.
3.2 In the event that disposal of funds by Card (in cash and/or non - cash manner) is executed in a currency different from the card account currency, then funds shall be debited from the Cardholder's account through conversion. Conversion in the Bank's netw ork shall occur at the commercial exchange rate established by the Bank at the time of transaction execution.
3.3 Unauthorized overdraft is a negative balance (debt) arising in the card account without the Bank's consent (permission).
3.4 In case of unauthorized overdraft occurrence, the Client shall be obligated to immediately replenish the amount to zero balance.
3.5 The Bank is authorized to demand from the Client for using unauthorized overdraft, and in case of such demand, the Client shall be obligated to pay the Bank interest benefit, the annual rate of which is determined in accordance with the tariffs (if any ), established by the Bank for unauthorized overdraft use at the moment of unauthorized overdraft occurrence calculated on 365 (three hundred sixty - five) days of the calendar year. In case of unauthorized overdraft use, the maximum interest rate is determ ined at 47% per annum. Interest benefit (interest) shall accrue on unauthorized overdraft from the date of occurrence until the date of its full repayment (actual payment).
3.6 If the Card is linked to several accounts in different currencies and there is unauthorized overdraft in one currency account, in case of balance existence in any account linked to the specified Card or upon depositing/crediting funds, currency convers ion and unauthorized overdraft repayment shall occur (conversion shall be executed at the commercial exchange rate established by the Bank on the day of banking operation execution). Simultaneously, for the purpose of repaying unauthorized overdraft existi ng in account(s), the Bank is authorized to debit the corresponding amount without acceptance (without the Client's subsequent consent) from any Client account existing at the Bank. In the event that debt or obligation is recorded in a currency other than the national currency, the equivalent is determined at the commercial exchange rate established by the Bank at the moment of fund debiting.
3.7 Upon execution of an operation by the Client using the Card at ATM, POS, E - Commerce, and at the Bank terminal, the Bank blocks funds according to the executed transaction amount. If conversion is necessary during blocking, the commercial exchange rate established by the Bank is used, see the following website: www.paysera.ge . Transactions executed with VISA Card are reflected in the Client's account after a certain period. Information about transactions executed by the Client can be obtained in Internet Banking and Paysera Super App.
3.8 In the event that the amount of an order executed by the Client through a card instrument exceeds the balance existing in the corresponding account of the currency indicated in the order (or there is no balance at all in the account), nevertheless, the amount requested by the order shall be fully debited from the account in the currency corresponding to the order (transaction) amount (if such exists). If the Card transaction block amount corresponds to the transaction amount, before debiting, the necess ary amount for executing the transaction shall be collected from the corresponding currency account, according to the priority of currencies existing in the account; conversion between accounts in different currencies shall be executed at the commercial ex change rate established at the Bank at the moment of settlement https://www.paysera.ge . If the Card transaction block amount does not correspond to the transaction amount, upon its execution, a negative balance is created in the corresponding currency account in the portion of insufficient funds, which is covered from the first priority cur rency account, and if there is insufficient balance in this priority currency account, the negative balance repayment is executed from the next priority currency account in order. Conversion between accounts in different currencies is executed at the comme rcial exchange rate established at the Bank at the moment of settlement. See the following website: www.paysera.ge
ARTICLE 4. SUSPENSION OR CANCELLATION OF CARD AND CARD ACCOUNT OPERATION
4.1 Card blocking is possible in the following cases:
4.1.1 Three incorrect PIN code entries at an ATM;
4.1.2 Three incorrect CVV code entries during online purchase;
4.1.3 Card loss, theft, or existence of unauthorized operations by the Client;
4.1.4 By Bank decision;
4.1.5 In case of attachment/collection or other cases provided for by legislation;
4.1.6 In automatic mode by the processing center if the processing center's software detected any fraud attempt.
4.1.7 The Cardholder has the ability to block the Card from their Internet Banking and/or mobile application (Paysera Super App). The Cardholder can also immediately notify the Bank if the Card is lost, stolen, or suspicious operations are detected in the Card a ccount.
4.2 Card operation shall be suspended upon detection of the Cardholder's desire, in case of Card loss or theft. The Cardholder is obligated to immediately notify the Bank in writing or by telephone (at number +995 32 222 55 22) about Card loss. The Bank sh all ensure suspension of Card operation.
4.3 The Bank is not responsible for unauthorized operations executed by a third party if the user did not notify the Bank about Card loss.
4.4 In the event that the Cardholder notifies the Bank about Card loss and the Bank does not respond appropriately, and thereafter unauthorized access to the account still occurs, the damage caused shall be fully compensated by the Bank.
4.5 The Bank has the right to block the Card without the holder's statement if suspicious or unauthorized operations are detected, or the holder violates the Agreement terms.
4.6 For the purposes of this Agreement, "Authorization" ("Authorized Transaction") means confirmation of a transaction (including transactions executed via Digital Wallet) with PIN code and/or the security code located on the back of the Card and/or 3D sec urity code and/or a combination of these credentials and/or another mechanism established by the Bank, which is transmitted directly to the Client/Cardholder and for whose confidentiality/safe storage the Client/Cardholder is responsible.
4.7 For the purposes of this Agreement, "Unauthorized Transaction" means a transaction that is not executed with the Client's/Cardholder's permission (not authorized) / executed with intentional violation and/or gross negligence by the Client/Cardholder of the conditions/requirements provided for in this Agreement regarding Card possession/use/security and confidentiality and/or by execution of fraudulent action/transaction by the Client/Cardholder or a third party. In order for an unauthorized transaction (including unauthorized cross - border payment operation/transaction) named/identified by the Client/Cardholder to be considered authorized, the Client/Cardholder is obligated to present to the Bank sufficient evidence to confirm this, upon study/analysis of which the Bank will be able to establish the status of an authorized transaction. In other cases (including non - presentation of sufficient evidence by the Client/Cardholder to the Bank and/or presentation in violation of the deadlines provided for in this Agreement (if such exists)), the transaction shall be considered unauthorized.
4.8 In case of violation by the Cardholder of any condition determined by this Agreement or Card usage rules, the Bank may at any time suspend or block the operation of both primary and additional Cards.
4.9 During the period indicated on the Card, the Cardholder is obligated to compensate for damage caused by unauthorized transactions executed with a blocked Card only if blocking was not executed by entry into the international stop - list.
4.10 The Cardholder is authorized to dispute a transaction executed with a Card blocked by entry into the international stop - list.
4.11 The Cardholder is obligated to pay the commission for Card entry into the stop - list.
4.12 The Bank has the right to close a card account:
4.13 In case of termination of the agreement between the Bank and "VISA" (in this case, the Bank is obligated to notify the Cardholder about card account closure within 3 (three) banking days).
4.14 The Bank controls transactions executed with the Card through special software - a monitoring module, which means that the Bank has the right to temporarily suspend Card operation upon detection of suspicious transactions (monitoring).
4.15 Card cancellation may occur in the following cases:
4.15.1 At the user's initiative - from Internet/Mobile Banking application or based on appeal to the Bank;
4.15.2 After expiration of the Card's validity period;
4.15.3 Due to Card loss or damage;
4.15.4 In case of improper Card use or violation of Agreement terms;
4.15.5 Based on requirements established by legislation.
4.16 In case of Card cancellation, all functionality existing on the Card is deactivated immediately or within the specified period, and both physical and digital Cards are canceled.
4.17 After Card cancellation, transaction execution is impossible, except for authorized transactions already in the processing stage.
4.18 In case of a physical Card, the user must ensure physical destruction of the Card or its return to the Bank.
ARTICLE 5. OBLIGATIONS AND RIGHTS OF THE PARTIES
5.1 The Client/Cardholder is obligated to:
5.1.1 Check the integrity of the envelope containing the PIN code at the moment of transfer.
5.1.2 Ensure storage of all documents confirming operations executed with the Card for 3 (three) months from the date of the respective operation and present them to the Bank upon request;
5.1.3 In case of non - recognition of operations (transactions) executed using the Card and/or a request to correct operations (transactions) executed using the Card, contact the Bank in writing within 13 (thirteen) months from the unauthorized operation exe cution (transaction / account debiting with the operation amount) / execution of an incorrectly executed operation ("incorrectly executed operation" is defined in accordance with Georgian legislation) (transaction / account debiting with the operation amou nt), except when the deadline provided for in this clause by the Client/Cardholder has expired due to reasons independent of / objective to the Client/Cardholder and not by unjustified delay (the burden of proof lies with the Client/Cardholder). Notwithsta nding the expiration/violation of the complaint deadline by the Client/Cardholder, the Bank, within its capabilities, will assist the Client/Cardholder in returning the amount(s) transferred as a result of unauthorized or incorrectly executed operations. T he Client is obligated to pay the fee for additional services established by "VISA" in connection with problem investigation.
5.1.4 In case of non - recognition of unauthorized cross - border payment operations (transactions) executed using the Card, contact the Bank in writing within 75 (seventy - five) days from the operation execution (transaction / account debiting with the operation amount), except when the deadline provided for in this clause by the Client/Cardholder has expired due to reasons independent of / objective to the Client/Cardholder and not by unjustified delay (the burden of proof lies with the Client/Cardholder). For the purposes of this clause, a cross - border payment operation represents an operation executed using a card instrument (plastic card) issued in Georgia, and the recipient's provider (acquirer) is a foreign payment service provider. The amount of the dispu ted operation is subject to compensation by the Bank only if the complaint is submitted to the Bank within the deadline provided for in this clause or fraudulent action by a third party is clearly evident and/or the case reported by the Client/Cardholder i s substantively and/or circumstantially similar to the case(s) reviewed by the Bank during the last 180 days, within the framework of which Clients/Cardholders were compensated for the amount of unauthorized operations;
5.1.5 Not allow transfer (disclosure) of the Card or PIN code to third parties.
5.1.6 Compensate the Bank for expenses incurred in connection with additional types of paid services by "VISA" for the Card, if such exists;
5.1.7 Compensate the Bank for damage related to unauthorized payment operations caused by the Client's/Cardholder's fraudulent action and/or intentional violation and/or gross negligence by the Client/Cardholder of the conditions/requirements provided for in this Agreement regarding Card possession / use / security and confidentiality.
5.2 The Bank is authorized to:
5.2.1 Block the Card and/or card account (suspend operations) if there is suspicion that unauthorized and/or unlawful operations are being or have been executed using the Card or in the card account.
5.3 The Bank is not responsible for:
5.3.1 Dispute situations arising between the Cardholder and service provider ;
5.3.2 Unauthorized Card use due to facts caused by the Client/Cardholder.
5.3.3 Operations executed with a lost/stolen Card if the Cardholder did not ensure timely blocking of the lost/stolen Card or operations executed by a third party if the transaction is authorized or for unauthorized transactions (in accordance with subclause 4.1.5 of this Agreement).
5.4 In case of existence of a collection order or seizure on any account of the Client/Cardholder, the credit limit and/or overdraft (if such exists) allowed on the Client's/Cardholder's account shall be considered automatically canceled. In case of execution or cancellation (withdrawal) of the collection order or cancellation (withdrawal) of seizure , the Bank shall have the right to unilaterally restore the credit limit and/or overdraft.
5.5 The effect of subclause 5.4 of this Agreement extends to all types of plastic cards as well as any credit product associated with any plastic card.
5.6 In case of dispute of a transaction executed with a Card (both digital and physical), the user must contact the Bank in writing or through digital channel no later than 60 calendar days from operation detection.
5.7 The complaint must contain:
5.7.1 Cardholder data,
5.7.2 Disputed transaction details (date, currency, recipient),
5.7.3 Relevant evidence (for example, company refusal letter, correspondence, etc.).
5.8 The Bank reviews and decides on the operation (complaint) disputed by the Client. The Client's complaint is reviewed with observance of the following procedure: The Bank reviews the card instrument holder's complaint regarding an executed operation no later than 20 working days from complaint submission. If, due to reasons independent of the Bank, it is not possible to review the complaint and make a decision within the specified period, the Bank is obligated to notify the card instrument holder of the justified reason for delay and the deadline for complaint review and decision - making. The deadline for making a decision on the complaint and informing the card instrument holder shall not exceed 55 working days from receipt of the complaint. At the same t ime, the Bank is not obligated to compensate the amount of the operation disputed by the Client/Cardholder if the Bank has reasonable suspicion about execution of fraudulent action by the Client/Cardholder or intentional or gross negligent violation by the Client/Cardholder of obligations related to the Card/card operations provided for in this Agreement; 5.9 The Client agrees and authorizes the Bank to process their personal data in accordance with the procedure established by legislation and the conditions provided for in this Article, by the Bank, and in case of existence of a relevant prerequisite, by a n authorized person, for receiving services from the payment system/card scheme (Visa, etc.), intermediary bank, and/or other system operator involved in the service provision process;
5.10 The Client agrees that the Bank, without their prior or additional consent, may process/transfer the Client's personal/confidential data to card schemes (Visa), payment systems, intermediary/receiving banks for the purpose of providing services.
ARTICLE 6. DIGITAL CARD
6.1 Digital Card service means execution of banking operations by the Client through a "VISA" virtual card without physical form (hereinafter "Digital Card") issued by the Bank through remote banking service channel(s) (including Internet Banking / Mobile Banking). Based on adding the Digital Card to Apple Pay / Google Pay, the Client will be able to pay with POS terminal(s) and/or withdraw cash at ATM(s) within the limit(s) pre - established by the Bank. Additionally, the Client will be able to withdraw cash with a Digital Card outside Georgia only at ATM(s) that have the capability to withdraw funds through Apple Pay / Google Pay.
6.2 Recording a request for Digital Card manufacturing and its activation on an existing card account (also opening a new card account for Digital Card activation) can be done remotely by the Bank's existing Client via Internet Banking and/or Paysera Super App and/or through channel(s) determined by the Bank.
6.3 The period of Digital Card usage is determined by the Digital Card's validity period, which is recorded in the channel(s) intended for Digital Card use (including Internet Banking/Paysera Super App). The Client can also receive information about the Di gital Card's full credentials (Digital Card number, identification code) in the channel(s) intended for Digital Card use (including Internet Banking/Paysera Super App).
6.4 For Digital Card usage, the Client is obligated to pay the Bank service commission in accordance with tariffs established by the Bank.
6.5 Digital Card usage rules/conditions are detailed in informational material compiled by the Bank in accordance with "VISA" international payment system procedures, which is posted on the Bank's website https://www.paysera.ge. "VISA" international payment system procedures and rules see on the website: https://www.visa.com.ge/ka_GE/support/consumer/visa-rules.html.
6.6 The Digital Card is equipped with 3D security service.
6.7 All conditions/provisions of this Agreement that substantially correspond (do not contradict) virtual payment card service, based on its specificity, extend to Digital Card service.
6.8 This Agreement constitutes a component part of the "General Service Agreement for Individuals" (hereinafter General Agreement), which is posted on the Bank's website: https://www.paysera.ge/v2/ka-GE/samartleblivi/sagadaxdo-momsaxurebis-zogadi-xelshekruleba-fizikuri-pirebistvis-pbg.
6.9 By confirming this Agreement, the Client confirms that they have reviewed and know the conditions of the General Agreement and join them. Confirmation of this Agreement also implies signature on the General Agreement in physical form.
6.10 Disputes between the Parties shall be resolved through negotiations. In case of failure to reach agreement, the dispute shall be reviewed by the Common Court of Georgia in accordance with the procedure established by Georgian law.
6.11. The Customer has the right to submit a complaint to the Bank either verbally, in writing, in standard written form, or electronically at the following address: [email protected] ; Tel: +995 32 2 22 55 22.
6.12. The supervisory authority of the Bank is the National Bank of Georgia, website: www.nbg.gov.ge , address: 2 Sanapiro Street, Tbilisi, 0114, Georgia. The National Bank of Georgia is not responsible for the improper fulfillment of obligations by the Bank.
6.13. Please refer to the National Bank of Georgia's website – www.nbg.gov.ge/cp – or contact the hotline at 032 2 406 406 for information useful to customers.