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Agreement of term and conditions for using Kienlongbank international credit card

ARTICLE 1. INTERPRETATION

1.1. Cardholder: An individual or organization that is provided with Kienlongbank international credit card for use, including primary cardholder and supplementary cardholder (if any).

• Primary Cardholder: An individual or organization whose name registers to issue a Credit Card on the Issuance Registration Form and Kienlongbank International Credit Card Contract.

• Supplementary Cardholder: An individual who is granted a Card at the request of the Primary Cardholder and uses the same credit card limit with the Primary Cardholder's credit card limit.

1.2. Person authorized by the Cardholder to use the Card: An individual authorized by the organization Cardholder to use the corporate Card of the enterprise. Supplementary Cardholder is not authorized other to use Supplementary Card.

1.3. Merchants: are organizations and individuals that accept payment for goods and services by Card.         

1.4. International Card Organization: is the Association of financial institutions, credit institutions or international card issuers and payment companies, is an intermediary organization providing the service to connect the international Card transaction processing system, conducting electronic data exchange or documentary evidence.

1.5. Cash advance point: is transaction point, ATM / POS where the Cardholder can use Card to make cash advance.

1.6. PIN: is a personal identification number provided by Kienlongbank to the Cardholder, used to withdraw cash or perform some other transactions using a credit card at an ATM or other card accepting devices.

1.7. Credit Card Account (hereinafter referred to as Card account): Is an account opened on the Card system at Kienlongbank to manage transactions, fees, interests and arising amounts related to use of Credit Card. Primary Cardholder and Supplementary Cardholder (s) use the same Credit Card account. 

1.8. Credit Card Limit: Maximum credit limit maintained for a certain period of time that Kienlongbank grants to the Cardholder. 

1.9. Statement: A detailed transaction statement provided by Kienlongbank to the Cardholder on a monthly basis, notifying the balance at the end of the period, the minimum payment amount, payment due date, the amount of money the Cardholder has payments, withdrawal transactions, payments, interests, fees, adjusted entries (if any).

1.10. Statement date: The date on which transactions are summarized on the Statement. Kienlongbank statement date is specified from time to time.

1.11. Validity period: The period that Cardholder is allowed to use the Card and is printed on the Card.

1.12. Security assets (collateral): Is property used by the securing party to secure performance of debt repayment obligations during use of Kienlongbank International Credit Card. 

1.13. Transaction Invoice: It is a document confirming transaction by Credit Card made by the Cardholder.

1.14. Payment due date: Is the last day the Cardholder has to make payment according to Kienlongbank's regulations. 

1.15. Minimum payment amount: Is the minimum amount the Cardholder must pay Kienlongbank on due date. 

1.16. Ending Balance: Is the amount the Cardholder needs to pay according to the monthly statement. The balance at the end of this statement is the balance at the beginning of next statement period. 

1.17. Illegal use of Card: The Card and/or PIN is lost, stolen or exploited.

1.18. Unit: Is the Kienlongbank Branches, Transaction Offices and Offices, Departments, and Head Office Centers.

1.19. Overdue Debt Transfer Date: is the date when Kienlongbank transfers all the Cardholder's debts to overdue debts and Kienlongbank will collect the Customer's payable amounts including principal, interest, and fees.

ARTICLE 2. CREDIT CARD LIMIT

2.1. Each Card is granted a credit card limit applicable to payment for goods, services and cash advance. For cash advance transaction, the cash limit may be equal to or smaller than the card limit. The Cardholder may request Kienlongbank to re-evaluate in order to change (increase / decrease) the card transaction limit according to Kienlongbank's regulations from time to time. In special cases, the Cardholder has the right to request Kienlongbank to consider and grant a temporary change of the transaction limit. The Cardholder must bear all the fees, interest and risks (if any) due to the temporary change of the Card usage limit. Kienlongbank has the discretion (but no obligation) to increase the transaction limit from time to time. At the same time, depending on the results of reasonable assessment of the credit risks related to the Card account or the Cardholder, based on the information obtained by Kienlongbank, Kienlongbank reserves the right at its sole discretion to reduce the transaction limit to an extent that Kienlongbank considers appropriate by reasonable prior notice to the Cardholder of any kind.

2.2. The Cardholder has the right to add more money to the Credit Card account, even if the total amount after the deposit is greater than the limit specified for each Card class. However, the use of the Card is still subject to the transaction limit of Kienlongbank, unless there are special transaction requirements, Kienlongbank will review and execute the approval.

2.3. Kienlongbank has right to accept or refuse to perform Card transactions of the Cardholder without taking into account the transaction limit issued to the Cardholder in order to prevent risks and ensure the legitimate rights and benefits of Kienlongbank and Cardholder.

2.4. The Cardholder's use of Card may incur fees and interests resulting in the outstanding balance exceeding the authorized transaction limit and the Cardholder is obliged to pay the outstanding balance in accordance with Kienlongbank's regulations.

2.5. The total transaction limit of the Cards may be equal to or greater than (Total) transaction limit of the Customer, but the total usage limit of the Cards is equal to (Total) of the Transaction limit of the Customer (except for cases exceeding the Transaction limit as prescribed by Kienlongbank. ). 

ARTICLE 3. INTEREST AND FEES

Kienlongbank is entitled to debit to the Credit Card account for following fees and interests:

3.1. Loan interest rate: According to Kienlongbank's regulations in accordance with the law provisions from time to time and is published on website https://kienlongbank.com.

3.2. Interest calculation method:

a) Formula: Interest amount of each statement period is determined as follows:               

Interest = ∑ (actual principal balance x days of actual principal balance x card lending interest rate) / 365

Whereas:

Actual principal balance: is the outstanding principal amount at the beginning of interest calculation day of the standard outstanding principal balance, the overdue outstanding principal balance.

Days of actual principal balance: is the number of days that the unchanged actual principal balance for everyday.

Card lending interest rate: is the loan interest rate according to Kienlongbank's regulations, converted at % / year rate. 

b) For cash withdrawal: Interest is calculated from the transaction date to before the date the Cardholder pays for the full withdrawn amount. 

c) For payment for goods and services: Kienlongbank does not charge interest on the transaction amount if the Cardholder pays all outstanding balance within the prescribed time limit. In case the Cardholder fails to pay or only pay a part of the term-end balance or pay after the due date, Kienlongbank will calculate interest on the balance at the end of the period from the date the Cardholder makes the transaction to before the payment date that all outstanding loans incurred.

3.3. Fees:

a) Card issuance fee: Is the fee the Cardholder must pay when registering for the first card issuance. The issuance fee will be collected as soon as the Client's Card is issued.     

b) Annual fee: is calculated once a year to maintain the use of Card, collected automatically by the system on card issuance date for the first year, from second year, the annual fee will be collected on the statement date of the first month of year. A year is 12 months (the first year is counted from the issue date to the statement date of the 12th month, the following year onwards is counted from the date immediately following the statement date of the 12th month of the previous year to the date of replication of the 12th month of the respective year). No annual fee will be incurred for the Cards which have expired.

c) Cash withdrawal fee: is charged on the amount withdrawn at Units or at ATM / POS. This fee does not include fees collected at Unit or at ATM / POS (if any). 

d) Card replacement fee: is charged when the Cardholder requests a replacement Card due to the Card being lost / damaged / swallowed at the ATM.

e) PIN re-issue fee: is charged when the Cardholder requests a new PIN re-issue.

f) Excess usage fee: is calculated once / by period when the Cardholder exceeds the card limit used by the Cardholder.

g) Late payment fee: Is charged once / period on the late payment amount of the minimum payment amount when the Cardholder fails to pay in full or in minimum payment.

h) Temporary / Limit Change Fee: is charged when the Cardholder requests an increase or decrease of existing transaction limit. 

i) Fee for changing form of security: Is charged when the Cardholder requests to change form of security from collateral to non-collateral or change of security.

j) Fee for confirmation at Cardholder request: is charged when the Cardholder requests to confirm the transaction limit, credit card account status in writing at the counter.

k) Copy of Transaction Statement Fee: is charged when the Cardholder requests for additional copies of the Statement that Kienlongbank has sent to the Cardholder on a monthly basis. 

l) Copy of transaction invoice fee: is charged when the Cardholder requests a copy of the transaction invoice other than the one received by the Cardholder at the Merchant.

m) Claim fee: is charged when the Cardholder makes a complaint about incorrect or inaccurate transaction.

n) Foreign currency conversion fee: Applicable to foreign currency transactions.

o) Other fees: Notified by Kienlongbank from time to time.

Fee or percentage of fees, charges or interest mentioned in this Agreement is specified in the Credit Card Fee Schedule which is on https://kienlongbank.com/en-US/default.aspx. This fee schedule is adjusted in accordance with provisions and the law from time to time and this information is notified to the Cardholder of such changes in the way that Kienlongbank deems appropriate. 

ARTICLE 4. CREDIT CARD DEBT PAYMENT 

4.1. Monthly, after the statement date, Kienlongbank sends statement to the Cardholder in form registered by the Cardholder. In the event that for any reason beyond the control of Kienlongbank, Kienlongbank cannot prepare and send the Transaction Statement or the Cardholder does not receive the Transaction Statement but does not notify Kienlongbank within seven (07) working days from the date of statement making, the Cardholder is still responsible for payment of any payable amounts in the period, including any interest and penalty incurred. 

4.2. The Cardholder must notify in writing (in the form prescribed by Kienlongbank) of any transaction in the Transaction Statement that is not performed or invalid by the Cardholder within a period of seventy (70) days from the transaction date. After the above time limit, the transaction (s) on the Transaction Statement will be deemed true and correct and the Cardholder is responsible for the payment of any outstanding balance relating to this claim transaction.

4.3. Even in case that the Cardholder complains or requests for investigation related to transactions, the Cardholder is firstly and foremost still responsible for paying Kienlongbank all fees and interests according to the statement. At the same time, the Cardholder is bound by regulations and operating procedures of the international card association relating to the Card transaction (with association name on the Card).

4.4. All money transferred or credited to the Card account (before 4:00 p.m. daily) will be automatically used by Kienlongbank to reduce the outstanding balance in the Card account, in below order of priority and in chronological order of transaction time is updated in the system: (1) Fees (annual fee, cash withdrawal fee, limit fee, late payment fee, other fees, ...), (2) Interest, (3) The cash advance withdrawal transactions, (4) Payment for goods and services (including installments (if any)), (5) Other transactions; or in any other order deemed appropriate by Kienlongbank.

4.5. The heir, agency or organization inherits the Cardholder's rights and obligations (Primary Cardholder, Supplementary Cardholder) in case the Cardholder loses its civil act capacity, has limited civil act capacity, prosecuted / prosecuted / criminally tried, died / declared dead, missing / declared missing by the Court ... must be responsible for paying all outstanding balance and fulfilling all obligations to Kienlongbank in accordance with Kienlongbank's regulations and relevant laws. If the outstanding balance has not been paid, Kienlongbank will have right to continue to charge bank interest at the applicable rate at time on the non-refundable amount.

4.6. Without prejudice to other Terms of this Agreement, if the Cardholder intends not to be present in Vietnam for more than one month, all payments related to the Card account must be made before the Cardholder leaves of Vietnam.

4.7. In case the Cardholder is unable to continue using the Card because the Card is expired, withdrawn, stopped using or for any other reason, the Cardholder must pay all outstanding balance, interest, and fees. (if any) of transactions arising before the termination date of Card. 

4.8. The Cardholder must pay the Credit Card balance at least equal to the minimum payment amount and on schedule as indicated in the Statement.

ARTICLE 5.  PAYMENT CURRENCY AND EXCHANGE RATE 

5.1. Payment currency: Within Vietnam, international credit cards issued by Kienlongbank are transacted in Vietnam Dong (VND). The Cardholder may only use the Card to perform transactions in foreign currencies with organizations and individuals providing goods and services that are permitted to collect foreign currency in accordance with the prevailing foreign exchange control law. Outside of Vietnam, Card transactions are made in currency in accordance with the regulations of the country / territory where the transaction is performed.

5.2. Exchange rate: As stipulated by Kienlongbank in accordance with the law provisions from time to time and published on https://kienlongbank.com.

ARTICLE 6. OVERDUE DEBT CONVERSION, CARD BLOCKING AND DEBT RECOVERY

6.1. Transfer of overdue debts

After due date, if the Cardholder fails to pay or does not pay minimum amount, Kienlongbank has right to convert all outstanding balance to overdue debt, including transactions incurred but not yet posted.

6.2. Card blocking and Debt Collection

a) Kienlongbank is entitled to block the Card in following cases:

After 30 days from the due date if the Cardholder fails to pay or pay less than minimum payment value;

The Cardholder has overused transaction limit without the permission of Kienlongbank;

The Cardholder violates regulations on using Card of Kienlongbank or violates the law provisions in using Card;

Suspect cases related to fraud, tampering and risk management;

Cases related to job resignation and income decrease resulting in failure to meet conditions for using Card as prescribed by Kienlongbank;

At the request of competent authority;

Other cases as provided for by law.

b) After transferring overdue debts, Kienlongbank has the right to temporarily lock the Card or terminate the Cardholder's use of the Card and take measures in accordance with Kienlongbank's regulations and laws to recover the debt. 

c) In case the credit card balance is converted to overdue debt, the Cardholder agrees to allow Kienlongbank to debit from the registered account, other payment deposit accounts of the Cardholder opened at Kienlongbank, the savings book savings of the Cardholder for debt collection by methods chosen by Kienlongbank without any further approval from the Cardholder. In case of handling the Security Asset which is the Cardholder's savings book or debiting the Cardholder's savings deposit to pay the outstanding balance, Kienlongbank is exempt from the responsibility for the termination before the term of the Cardholder's deposit.

d) The Cardholder agrees to Kienlongbank's right to collect debts from the Cardholder's salary, income or from company the Cardholder works for or any other assets of the Cardholder or the Security Assets of the other loans of the Cardholder at Kienlongbank without the Cardholder's confirmation. The disposal of assets for debt collection will be done in accordance with relevant laws. Kienlongbank is entitled to set up a Collection Order to require banks to open accounts for the Cardholder to deduct money to recover principal, interest and fees in case the Cardholder's debts are converted to overdue debts.

e) If Kienlongbank has to bear any legal costs or debt recovery costs or other expenses that these costs are a reasonable amount for claim, retrieval, recovery or litigation for the purpose of obtaining to recover any amount payable under this Agreement from the Cardholder or to take corrective actions due to the Cardholder's failure or failure to comply with any of the Terms of this Agreement, the Cardholder must reimburse Kienlongbank as soon as Kienlongbank requests for legal fees, fees and expenses incurred by Kienlongbank for implementing such remedial measures. If the Cardholder fails to refund these fees, Kienlongbank has the right to continue to calculate interest on the outstanding balance arising from these expenses at the interest rate applicable at that time.

f) Kienlongbank can by itself or hire a third party, in accordance with the law, to recover outstanding loans. Kienlongbank is jointly responsible for acts of a third party in debt collection activities.

g) The Cardholder's outstanding balance is understood to include principal transaction amount, interest and related fees. 

ARTICLE 7. MEASURES TO ENSURE LOAN REFUND LIABILITY

7.1. In case of card issuance without security 

a) In case the Cardholder fails to comply with the commitments under this Agreement or when Kienlongbank finds that the Cardholder is incapable of repaying the debt or when the Cardholder has adverse changes affecting the Cardholder's ability to repay, Kienlongbank has right to request the Cardholder to perform compulsory security by pledging valuable papers (Bonds, municipal bonds, government bonds, bills...) or savings books issued by Kienlongbank or other assets of the Cardholder or a third party accepted by Kienlongbank, or using debt recovery measures in accordance with Kienlongbank's regulations and the law.

b) Within 07 days from the date of receipt of the notice of implementing compulsory security from Kienlongbank, the Cardholder is responsible for adding the collateral and completing relevant procedures. In case the Cardholder fails to complete the request, Kienlongbank will convert the Cardholder's payable amounts to the overdue debts and take measures to recover the debts in accordance with Kienlongbank's regulations and law.

7.2. In case of card issuance with sucurity

Cardholder must perform relevant procedures as prescribed by Kienlongbank and is obliged to comply with Kienlongbank's regulations on loan security and collateral management.

ARTICLE 8. TERMINATION OF CARD USE 

8.1. The Cardholder may request Kienlongbank to terminate the Card in following cases:

a) The Card has not expired but the Cardholder requests to terminate the Card usage.

b) The Card expires but the Cardholder does not request for the Card extension.   

c) The Card is damaged, stolen, lost and there is no need to re-issue the Card for use.

d) The Primary Cardholder requests to terminate the use of Card of the Supplementary Cardholder.   

e) The Supplementary Cardholder terminates the Card usage when the Primary Cardholder terminates its use.   

8.2. Kienlongbank reserves the right to terminate the use of Card without prior notice to the Cardholder in following cases:

a) The Cardholder has incurred overdue debts at Kienlongbank over 90 days or fails to fulfill payment obligations after Kienlongbank has 2nd notice.

b) The Cardholder has one or more loans and / or Credit Card accounts whose overdue debts are transferred at Kienlongbank and / or at other credit institutions and / or is unable to repay.

c) The Cardholder is involved in Card risk and fraud, transactions appear unusual or do not have any necessary efforts to prevent risk management and Card fraud.            

d) Inaccurate information provided by the Cardholder or fraudulent issuance of the Card. 

e) The Cardholder refuses to receive the Card when Kienlongbank is issued for the first time. 

f) Employees of Kienlongbank / Kienlongbank subsidiary quit but did not provide documents as prescribed.   

g) The Cardholder violates regulations on using the Card of Kienlongbank or violates the provisions of law relating to the use of Card. 

h) The Cardholder is in loss of civil act capacity, limited capacity of civil acts, prosecution / prosecution / criminal trial, death / death by the Court , missing / declared missing by the Court.   

i) Upon request, decision or directive of a competent State agency or any legal document or regulation or as prescribed by international corporation.     

j) The maintenance of the issued Card / Credit Cardholder leads to Kienlongbank's violation of Kienlongbank's regulations or relevant laws.   

k) Other risks affecting the Cardholder's ability to repay debts according to Kienlongbank's assessment.         

l) Other cases as prescribed by law.

8.3. Principles of terminating the use of the Card   

a) When Kienlongbank or the Cardholder terminates the use of the Card, the Cardholder must pay the entire outstanding balance (including transactions that have occurred but have not received accounting notice from the international card association or the unpaid accrued interests. accounting on the Statement ...) and return the Card to Kienlongbank within 03 days, unless the Card is stolen / lost / expired. 

b) The Termination of Card usage will be effective only when the Cardholder pays all the outstanding balance and completes all related obligations with Kienlongbank (if any).

c) When the termination of the Credit Card takes effect and all claims related to the Cardholder's use of the Card have been resolved, Kienlongbank will release collateral (if any) to the Customer in accordance with the regulations. 

d) The Cardholder may request Kienlongbank to deduct money from the security deposit for liquidation.

e) In some cases, the termination of card usage will be immediately effective when Kienlongbank notifies the Cardholder in writing.

f) After 30 days from Kienlongbank's notice of termination of card use but the Cardholder fails to fully pay the outstanding balance, Kienlongbank will convert the entire outstanding balance to overdue debt and apply handling measures as prescribed Kienlongbank's regulations and laws to recover debts and related fees. 

ARTICLE 9. LOST, STOLEN OR USED CARD OR PIN NUMBER   

9.1. In the event of the Card being taken advantage of, the Cardholder must immediately notify when discovering that the Card has been misused to Kienlongbank's Unit or notify Customer Service 24/7 at the phone number announced on Kienlongbank's official website. The Cardholder shall be responsible for the Credit Card transactions if the transaction is made before the Customer's notice of the Card's loss or loss to Customer Service 24/7 and after 30 minutes from the time of notice to 24/7 Customer Service.     

9.2. In case the Card is exploited before Kienlongbank receives a notice from the Cardholder, the Cardholder must fully bear the damage and compensate for any damage caused by the being used by the Card.       

9.3. In case the Card is taken advantage of (except for transactions related to spending / payment via e-commerce channel) after Kienlongbank receives the notice from the Cardholder, Kienlongbank will incur damage and compensate for loss to the Cardholder by letting the Card be exploited after the time Kienlongbank receives notice from the Cardholder. 

ARTICLE 10. CARDHOLDER'S RIGHTS AND OBLIGATIONS     

10.1. Cardholder's rights: 

a) Receive the Card and PIN according to the address information registered with Kienlongbank with the method of sending the Card and PIN as prescribed by Kienlongbank from time to time. 

b) Be issued with an ATM card and use the Card to make transactions at ATM / POS or an e-commerce website to accept the Card with the trademark of an international card association issued in the issued cardholder. 

c) Deposit money into a credit card account in many forms (cash deposit or bank transfer ...) to temporarily increase transaction limit in case of need. 

d) Send a written request for Kienlongbank to temporarily change the card / transaction limit, change the card type / class, re-issue the card, replace the Card, extend the Card, terminate the Card usage.

e) Request Kienlongbank to lock the Card in case the Card is stolen / misplaced or the Card is found to be fraudulent. 

f) Request Kienlongbank to automatically debit the Cardholder's current account opened at Kienlongbank to pay outstanding outstanding debts.

g) Be provided with a monthly transaction statement by Kienlongbank or unexpected information about Card transactions, balance, limit relating to the use of the Card.    

h) Be provided with information receiving and transaction processing services 24/7 according to Kienlongbank's regulations from time to time and relevant law provisions; to be provided with SMS transaction notification service (SMS), telephone information provision service as agreed with Kienlongbank. 

i) Complain about errors (if any) in the card usage within 14 (fourteen) days from the date of making the statement. 

j) Request Kienlongbank to issue Supplementary Card. 

k) The Primary Cardholder is entitled to request Kienlongbank to temporarily lock the Card or terminate the right to use the Card of the Supplementary Cardholder. 

l) Participate in preferential programs, bonus points accumulation, and other customer care programs as prescribed by Kienlongbank.   

m) When the Card is lost, misplaced or wishing to change another Card, the Cardholder may request Kienlongbank to issue a replacement Card and pay fee to Kienlongbank (if any).           

n) The organization Cardholder can authorize individual to use the Card.   

10.2. Obligations of the Cardholder:   

a) The Cardholder and / or the person authorized by the Cardholder to use the Card shall sign the Card immediately upon receipt of the Card and shall not allow any person to use the Card and shall always keep and maintain the Card protected.

b) The Cardholder shall be responsible for all Card transactions performed by the Cardholder and the Cardholder authorized to use the Card listed in the Statement as well as all related fees as specified. below without being affected by termination of this Agreement.

c) The Cardholder shall bear all risks arising in relation to Card transactions performed in the form of e-commerce payment. 

d) Provide complete and accurate information as requested by Kienlongbank when proposing to issue the Card and in the course of using the Card. Notify Kienlongbank as soon as there is any change in personal information. 

e) Contact Kienlongbank to activate Card through channels provided by Kienlongbank from time to time.   

f) Pay outstanding balance on time to Kienlongbank as prescribed.   

g) Be responsible for self-checking the card expiry date and card extension; any change of terms, conditions, terms, interest rates, fees or other changes relating to the Cardholder's use of the Card. If the card is expired and the Customer does not request to terminate the Card usage, in this case, the Cardholder agrees to agree to comply with the signed content and the modified content, additional.   

h) Agree to Kienlongbank to provide information relating to the Cardholder and Card transactions via phone, SMS, email (or other suitable forms) as agreed between the Cardholder and Kienlongbank.

i) Card’s related information (PIN number, password, other security information…) must be kept confidential. To be solely responsible for all risks, disputes, and damages arising in connection with online spending by Kienlongbank International Credit Card (such as being used by others, using the Card, PIN, information) in connection with such Card to cheat, pay or perform other acts in contravention of Kienlongbank's regulations, causing damage to the Cardholder…).   

j) Notify in the fastest form (phone, email ...) to Kienlongbank when the Card is stolen, lost, PIN revealed or suspected that the Card is being used, fraudulent transaction by service phone number 24 / 7, Hotline number of Kienlongbank or contact the nearest Kienlongbank Branches / Transaction Offices. 

k) To be responsible for all Card transactions made before Kienlongbank receives a notice of the Card being stolen, lost or using the Card and / or using information on the Card illegally Including but not limited to fraudulent transactions and / or counterfeit signature by any other third party. 

l) Bear all financial losses for Card transactions made via EMV Card / Magnetic Card and / or online transactions using Kienlongbank's international card online transaction authentication service. 

m) To be responsible for solving problems related to quality of goods and services to Merchants and this does not affect the Cardholder's payment obligations on the due date of payment to Kienlongbank. 

n) Cooperate with Kienlongbank in the investigation of fraudulent transactions related to the use of Credit Card by providing information relating to the Card, information related to the Card usage and other other information at the request of Kienlongbank. 

o) Supplementary Cardholder is responsible for their use of Supplementary Card, but Primary Cardholder is still responsible for using both Primary Card and Supplementary Card (s). The Supplementary Cardholder is not responsible for the use of the Card by the Primary Cardholder and other Supplementary Cardholder (s).       

p) Supplementary Cardholder uses the Credit Limit at the request of the Primary Cardholder. 

q) The Primary Cardholder is responsible for the use of the Card and transactions performed by the Primary Card and Supplementary Cards, and is responsible for paying Kienlongbank all outstanding balance of the Primary Cardholder and (s) Supplementary Cardholder. In case the Primary Cardholder is unable to pay the outstanding balance, the Supplementary Cardholder (s) must be responsible for paying Kienlongbank the entire outstanding balance.

r) Organization is responsible for paying Kienlongbank all outstanding balance of the individual authorized to use the Card. The Card is the property of Kienlongbank and will not be transferred, so the Cardholder will have to immediately return the Card to Kienlongbank when requested by Kienlongbank. 

s) The Cardholder shall immediately notify Kienlongbank in writing of any changes to the Cardholder's employment, workplace, residential address and other contact information.

t) Each time the Card is used to withdraw cash at cash advance points or pay for goods and services, the Cardholder must sign the same payment invoice as the signature, except for transactions made by order via Mail, phone, internet does not require signature of the Cardholder and is approved by Kienlongbank. 

u) The Cardholder shall immediately and unconditionally refund Kienlongbank at Kienlongbank's request for the amounts that the Cardholder overdraws, withdraws / overpaid the HMTD, incorrectly credited transactions to the Cardholder's account, delivered the complaint verification service at ATM and Merchant has been advanced to the Cardholder and other erroneous transactions that the Cardholder fails to prove their legal ownership. Agree to let Kienlongbank automatically debit, temporarily close and deduct money from the Cardholder's payment / deposit accounts opened at Kienlongbank to recover these amounts without notice to the Cardholder.

ARTICLE 11. RIGHTS AND OBLIGATIONS OF KIENLONGBANK

11.1. Kienlongbank's rights:   

a) Remind the Cardholder about the payment of the credit card balance.   

b) To be entitled to verify the information provided by the Cardholder, the Securing Party in any form for the purpose of Card issuance or the provision of information relating to the Cardholder and Card transactions via phone, SMS, email (or other suitable forms) as agreed between the Cardholder and Kienlongbank. 

c) When the Card is about to expire, Kienlongbank has the right but no obligation to notify the Cardholder of the card's renewal via mail or phone or other forms. Within 15 days from the date of sending the Transaction Statement or SMS or email, if Kienlongbank does not receive any response from the Cardholder on the failure to continue using the Card, the Cardholder agrees to continue Using the Card, then, the new Card will be sent by Kienlongbank to the Cardholder at the registered address. Kienlongbank is not responsible for the loss, loss, theft or misuse of the Card in this case. 

d) Kienlongbank is not responsible for the delivery, quality of goods and services paid for by the Card including goods and services of merchants or the goods and services from promotions. . Disputes between the Merchant / e-commerce website and the Cardholder relating to delivery, quality of goods and services shall not affect the Cardholder's performance of payment obligations as requested by Kienlongbank. 

e) To be entitled to refuse to accept the Card; lock the Card, terminate the Card usage by canceling the Card or revoking the Card of the Cardholder in accordance with this Agreement.             

f) To refuse the Cardholder's service requests or license requests if the request is not in accordance with Kienlongbank's conditions and regulations or out of control circumstances.       

g) Debit / debit the amount of Card transactions automatically credited to the Credit Card account from the system of the Card organizations without depending on the Cardholder's consent in relation to such transaction or transaction performed by another person using the Cardholder's Card or the Card's security information is taken advantage of or other arising cases without the Cardholder notifying Kienlongbank for the locking of the Card.     

h) To have the right to periodically re-evaluate the Cardholder's use of the cardholder transaction account as well as to re-evaluate the Cardholder's conditions for issuance and use of the Credit Card in accordance with Kienlongbank's regulations and on the basis of such evaluation, Kienlongbank has the right to unilaterally change / terminate the transaction limit issued to the Cardholder.

i) When the repayment is due, even if Kienlongbank terminates the validity of the Card and recovers debt before maturity, if the Cardholder fails to pay off the debt, the entire outstanding balance will be converted to overdue debt. Kienlongbank have the right to apply measures to handle security assets to recover debts in accordance with Kienlongbank's regulations and relevant laws.

j) If Kienlongbank debits the deposit account and / or the Cardholder's savings book to recover the debt, that account and / or savings book will be automatically deemed as demand term.           

k) All documents relating to Card transactions are used as evidence for Kienlongbank to authenticate to serve the investigation and complaint in accordance with the law.            

l) When necessary, Kienlongbank has right to provide competent authorities with information relating to the Cardholder, the Securing Party, the Credit Card account and Card transactions in accordance with the law and the international card association, or for inquiries, inquiries regarding administration and disposition of collateral.           

m) To be exempted from liability in case the handling, transmission system, technical network system ... fails beyond Kienlongbank's control. 

n) to be exempted from liability for any refusal of Merchant (except for technical errors related to using Kienlongbank's Card). 

o) During the provision of Credit Card services, Kienlongbank has right to record verbal instructions received from the Cardholder and/or any verbal communication between the Cardholder and Kienlongbank in relation to those services.

11.2. Obligations of Kienlongbank: 

a) Comply with regulations on international credit card issuance and payment, and ensure the Cardholder's benefits as prescribed. 

b) Satisfying the Cardholder's service requirements in accordance with regulations. 

c) Evaluate and issue a cardholder transaction account to the Cardholder who meets all conditions as prescribed by Kienlongbank.

d) On a monthly basis, make a statement of Credit Card and send it to the Cardholder in accordance with the method agreed with the Cardholder. 

e) Notify the Cardholder of any changes in interest rates, fees or other changes relating to the Cardholder's use of the Card. Any changes or additions announced on the website https://kienlongbank.com/en-US/default.aspx and / or other electronic methods will be effective after 07 (seven) days from the date of notice. 

f) Accept the collateral for the Card use from the effective date of the termination and all claims (if any) relating to the Card usage have been resolved or the Cardholder has completed obligations to Kienlongbank. As for the collateral for the temporary increase of the transaction limit, Kienlongbank will also disburse after 10 days from the date of expiration of the provisional transaction limit and the Cardholder has paid all expenses related to the increased transaction limit. 

g) Keep confidential information relating to the Cardholder, the Securing Party or other relevant parties except for the case to be provided for the purpose of the third party investigation or as agreed by parties or at the request of competent authorities in accordance with the law.

h) Provide 24/7 hotline service to meet the Cardholder's needs to receive and process requests.   

i) To deal with the Cardholder's requests, inquiries and complaints related to the Card usage in accordance with the provisions of the international card association.           

j) To ensure the stable and safe operation of the Card service and comply with the law provisions relating to the service provision.

ARTICLE 12. GENERAL TERMS

12.1. Transaction verification documents of the Cardholder   

Any certification or decision of Kienlongbank on the amount, other information of the Card transaction will be the only authentic evidence of the Cardholder and / or authorized person to perform the Card transaction. 

12.2. Card Receipt and activation       

Within 180 days from the date of card issuance, the Cardholder is responsible for receiving and activating the Card for use. After this period, the Unclaimed Card will be canceled and the Cardholder must bear issuance and annual fees for the first year (if any) from the issuance date.

12.3. Notification             

Any notice sent by Kienlongbank under this Agreement will be deemed to have been received by the Cardholder within three (03) days after Kienlongbank’s notice by post to the latest address notified by the Cardholder.

12.4. Gamblings or other illegal transactions   

The Card cannot be used for gambling payments or other illegal transactions in accordance with the applicable laws and regulations that Kienlongbank reserves right to refuse processing or payment. In the event that Kienlongbank suspects, believes or knows that any Card transaction is made for these purposes or in connection with gambling or an illegal transaction in accordance with the provisions of applicable law or Kienlongbank has the right to hold or cancel such transaction.

12.5. Card and PIN number delivery 

The Cardholder agrees that Kienlongbank has full right to deliver Card and PIN number to the Cardholder by post or by any method deemed appropriate by Kienlongbank.

12.6. Validity of the Card

Kienlongbank issues Card with maximum expiry of three (03) years from the issuance date. Supplementary credit card will have the same expiry of the primary. Card renewal will be done in accordance with Kienlongbank's regulations from time to time.

12.7. Terms and conditions Modification

Kienlongbank reserves the right at its sole discretion to amend any provisions of this Agreement in accordance with the law provisions and posted on website https://kienlongbank.com/en-US/default.aspx. Such modifications will be binding on the Cardholder upon notification to the Cardholder (including but not limited to publication at Kienlongbank head office or any Kienlongbank office, or on the Statement). The use of Card after the effective date of amendments to this Agreement (as specified in Kienlongbank's notice) shall be deemed to be the Cardholder's full approval of such amendment. If the Cardholder does not agree to any amendment, the Cardholder shall terminate this Agreement before the effective date of amendment. 

12.8. Utilities included           

From time to time, Kienlongbank may introduce to the Cardholder new products and services that are governed by the specific Terms for such products or services and in the event of any conflict between those specific terms with the Terms in this Agreement, the specific Terms for such products and services will apply.
12.9. Personal information

a) The Cardholder confirms and agrees that Kienlongbank has the right to provide information about the Cardholder, the Supplementary Cardholder and any Card transactions with or through Kienlongbank (collectively, “Personal Information”) to the State competent authority. 

b) The Cardholder has right to request to access and correct any Personal Information or not to use the Personal Information for direct marketing purposes. Kienlongbank receives and executes the above requirements of the Cardholder via the 24/7 hotline. When necessary, Kienlongbank has right to request the Cardholder to confirm the request directly in writing.

ARTICLE 13. GOVERNING LAW 

This Agreement is governed by and complies with the laws of Vietnam. 

ARTICLE 14. VALIDITY TERM AND IMPLEMENTATION PROVISIONS 

14.1. This Agreement is valid from the date the Cardholder signs the "Application form and Kienlongbank International Credit Card use contract" until the Card is terminated (due to expiration of Card's validity. The Cardholder does not renew or at the request of Kienlongbank / the Cardholder / competent authorities) or when all the Cardholder's payment obligations towards Kienlongbank have been fulfilled, whichever comes later.

14.2. Documents enclosed with this Agreement or to implement the Terms and Conditions of Card issuance and usage (Application form and Kienlongbank International Credit Card use contract, contract appendices ( if any), Confirmation letter of employer, Guarantee contract, Statement, Fee schedule for card issuance and usage, Application for increase/decrease of card limit, Terms and conditions on account opening and usage service at Kienlongbank…) is an integral part of this Agreement and all of these documents constitute an International Credit Card Contract.

14.3. The Cardholder confirms that he/she has read, understood and committed to comply with the Terms and Conditions for issuance and usage of Kienlongbank international credit card, of the international card association and prevailing laws of Vietnam.             

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