Terms and Conditions for Use of PTT Energy Card ... - Kasikorn Bank

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Terms and Conditions for Use of PTT Energy Card ... - Kasikorn Bank Powered By Docstoc
					Terms and Conditions for Use of PTT Energy Card Issued by KASIKORNBANK PCL.



        This agreement is made between KASIKORNBANK Public Company Limited
(hereinafter referred to as the “Bank”) and the juristic person whose name appears on the
front of the credit card (hereinafter referred to as the “Company”) and the person authorized
by the Company to hold the card on behalf of the Company and employee or other person that
the Company allows to use the card (hereinafter referred to as the ”Cardholder”). The
Company and the Cardholder agree to be bound by the following terms and conditions for this
corporate credit card issued by the Bank (hereinafter referred to as the “Credit Card”) in all
respects.

       1. The Credit Card is the property of the Bank. The Cardholder is responsible for
keeping his/her Credit Card and its Personal Identification Number (PIN) confidential and
safe at all time.

       2. The Cardholder can use the Credit Card and its PIN as payment in lieu of cash only
for filling fuel, lubricant and/or other fuels specified by the Bank such as NGV at PTT service
stations across the country (hereinafter referred to as the “Merchant”) in the forms and
methods specified by the Bank. It shall be deemed that each PIN the Bank has given to the
Cardholder or the PIN that the Cardholder has changed by him/herself represents personal
identity or a signature of the Cardholder. All payment transactions for fuels, lubricant and/or
other fuels specified by the Bank such as NGV shall be bound by the agreement and/or the
Electronic Transaction Act B.E. 2543 (2000) in all respect whether the transaction is carried
out by the Cardholder and / or other person that the Cardholder allows to know and use his or
her PIN. Charges and/or debt incurred from the use of the Credit Card must not exceed the
credit limit set by the Bank. In case the Cardholder spends in excess of the credit limit, for
whatever reason, the Company and the Cardholder agree to deem that it is his/her request for
the over-limit spending, the Company and / or the Cardholder agree to take full responsibility
for debt settlement under this agreement.
         The Cardholder and / or the Company agree and accept that this Credit Card does not
have qualifications to pay for goods and services like other corporate credit card that the Bank
has issued to juristic person customers. If the Cardholder and / or the Company wish to use
the Credit Card to pay for goods and services by informing the Credit Card number verbally
or in writing to the Merchant and / or card-accepting venue, and / or wish to use the PIN to
withdraw cash from an ATM or the Bank branch, the Cardholder and / or the Company can
request the Bank’s permission to do so. The Bank shall consider approving the request to use
the above services as it deems appropriate and / or other services that Bank shall further
announce from time to time.

       3. When using the Credit Card as payment in lieu of cash to pay for fuels, lubricant
and/or other fuels specified by the Bank such as NGV, the Cardholder and / or the Company
agree to comply with the following terms and conditions:
        3.1 The Cardholder shall present the Credit Card and allow the Merchant to issue a
proof of payment by the Credit Card, including signing all documents in the forms specified
by Visa Inc. and / or the Bank.
        3.2 The Company agrees that it is its instruction to the Bank to pay the Merchant and/or
Visa Inc.-affiliated banks when payment is requested. The Bank has to prepare a report of
Credit Card account and itemize Credit Card Charges and total debt owed to the Bank in the
Cardholder’s Statement of Account.

        4. In case of a lost or stolen Credit Card, the Company and / or the Cardholder shall
immediately inform the Bank’s Credit Card Center by phone or any other communication
device that allows two-way verbal communication with the Bank staff, or by any other mean
designated by the Bank so that the Credit Card and PIN can be cancelled and all potentially
affected merchants informed.

       If the card is used by any other person before the Cardholder and / or the Company
give notice of card loss and PIN cancellation to the Bank, the Company and / or the
Cardholder admit that it is their responsibility and shall comply with these terms and
conditions in all respects.

        If the Company and / or the Cardholder request the Bank to cancel the Credit Card and
PIN as mentioned above, the Company and / or the Cardholder shall not be responsible for
any liabilities occurring after the notification, except for any transaction that occurs in the first
five minutes after the notification and / or any other transaction the Bank can prove that it is a
direct result of the Company and / or the Cardholder's actions or negligence.

        5. The Company agrees to pay service fees and / or a Credit Card issuance fee and / or
an annual fee which the Bank collects in advance, as well as any other service fees and any
penalty fees for violations of the terms and conditions set by the Bank, and / or other penalty
fees imposed by Visa Inc. and / or Visa Inc.-affiliated banks. The Bank will issue a statement
of the account to the Cardholder and itemize charges, fees and the total balance owed to the
Bank.

        6. The Bank shall prepare the Cardholder s statement showing items and details of
amounts debited from and credited to the Bank, and shall submit it to the Company every
monthly accounting period for a check of accuracy at least 10 days before the due date. If any
items is found incorrect, the Company and / or the Cardholder shall express their objection to
the Bank within 10 business days from the date of receipt of the statement, based on the
normal mailing period.

        Nonetheless, the Company shall not be later deprived of the right to lodge their
objection to the Bank, if the Company and / or the Cardholder is able to prove that the
disputed item shown in the statement of the account is incorrect, and the incorrectness is not
the fault or mistake of the Company and / or the Cardholder. However, the objection must be
expressed within 60 days from the date of receipt of the statement of the account of the
account from the Bank.

        7. If the Company and / or the Cardholder want to receive a statement of the account
for the use of the Credit Card, the Bank shall prepare a statement of the account showing
items and details of amounts debited from and credited and submit it to the Company and / or
the Cardholder. If any items is found incorrect, the Company and / or the Cardholder shall
express their objection to the Bank within 10 business days from the date of receipt of the
statement of the account, based on the normal mailing period.
        Nonetheless, the Company and / or the Cardholder shall not be later deprived of the
right to lodge their objection to the Bank, if the Company and / or the Cardholder are able to
prove that the disputed item shown in the statement of the account is incorrect, and the
incorrectness is not the fault or mistake of the Company and / or the Cardholder. However,
the objection must be expressed within 60 days from the date of receipt of the statement of
the account from the Bank.
       8. The Company shall be responsible for checking and verifying their statement of the
account every month. If the Company does not receive the statement of the account before the
due date, or debit date, the Company and / or the Cardholder shall contact the Bank’s Credit
Card Center, which offers 24-hour, 7-day service, or other systems as determined by the
Bank, and shall settle the debt per the terms and conditions agreed with the Bank.

        9. The Company agrees to pay directly or transfer funds from the Company’s bank
account to settle the Credit Card debt of the Cardholder and/or agrees to consent the Bank to
transfer funds from the Company’s bank account to settle to settle the Credit Card debt of the
Cardholder. This agreement will serve as a Power of Attorney to permit the Bank to transfer
money to settle the Credit Card account under the following conditions:
        9.1 When the payments for fuels, lubricant and / or other products specified by the
Bank such as NGV are charged to the Credit Card according to Item 3.1, and/or if bank fees
are charged to the Credit Card according to Item 5, the Credit Card account must be settled
within the due date / debit date in the amount specified in the statement of the account.
        9.2 If the Credit Card is used to pay for goods / services in a way the Bank considers to
be in breach of these terms and conditions, and / or the Credit Card is spent in excess of the
specified credit limit without the Bank’s permission, the Credit Card account must be settled
within the card spending date or the period that the Bank deems appropriate
        9.3 If the Statement of Account shows an amount due to the Bank, the Company
agrees to deposit / transfer funds to the Credit Card account so that the amount may be settled
by the due date / debit date specified in the Statement of Account.

        If the Bank has debited the Credit Card account on the due date / debit date, but an
outstanding amount remains, the Company agrees to pay interest to the Bank on the sum
owed, as specified in the Statement of Account, commencing from the date next to the billing
date. Interest will be charged according to the Credit Card interest rates announced by the
Bank, which may be amended from time to time, which shall be announced by the Bank.
Daily interest rates shall be applied until the outstanding debt is cleared. If the amount
credited to the Cardholder and / or the Company’s Credit Card account is less than the amount
agreed to be paid, or a late payment is made, the Company agrees to pay a penalty fee at the
rate announced by the Bank.

       10. The Company and / or the Cardholder agree to allow the Bank to debit the Credit
Card account to pay for bank fees as specified in Item 5.

        11. The Company and the Cardholder agree to accept that all documents and evidence
prepared by the Bank for the transfer of funds through ATMs from the account with the Bank,
as well as other bank accounts held by the Company and / or by other systems prepared by the
Bank for crediting the Cardholder’s Credit Card account, are an order to debit or demand
payment from the Company and the Cardholder’s account. The Company and the Cardholder
are not required to sign any other document or evidence for the Bank.

         12. If the Company and / or the Cardholder get permission from the Bank to purchase
goods / services by informing the merchant of the Credit Card number verbally or in writing,
then if the Company and / or the Cardholder finds out that the goods or services are damaged
defective or have not received goods or services, have not received on time, have not received
in full amount, or have not received as their objection, the Company and / or the Cardholder
can cancel such a purchase transaction and stop payment to the merchant, or ask for a refund
if payment has already been made. The Company and / or the Cardholder must inform the
merchant and the Bank of such cancellation in writing within 45 days from the date of
purchase goods or services, or within 30 days from the specified delivery date if the delivery
date of goods or services is agreed upon in writing. The Bank will void collection on the
transaction. If payment collection has been made and the transaction is domestic, the Bank
will return any payment collected on it within 30 days from the date that the Company and /
or the Cardholder ’s written request is received by the Bank.
        In addition, if the Company and / or the Cardholder claim that they did not order or
purchase the goods / services being charged, the Bank will halt the collection process
immediately. If payment collection has already been made, the amount received will be
transferred back to the Company's account immediately. However, the Bank reserves the right
to take back any amount from the Company if there is later proof that the Company and / or
the Cardholder was in fact the purchaser from the merchant.

        13. If the Cardholder uses the Credit Card for the purchase of goods or services and
finds that the goods are out of order, defective, damaged or in unsatisfactory condition, the
Cardholder has no right to demand that the Bank be responsible for this damage. It is the
responsibility of the Cardholder to file a complaint with the merchant.

       14. The Bank will not be responsible for any case where the Merchant does not accept
the Credit Card or allow the use of the Credit Card for transactions with it.

        15. Upon Credit Card expiration or near expiration, the Company agrees that the Bank
will issue a new Credit Card which will be effective as soon as the existing card expires,
without requesting further permission from the Company and / or the Cardholder. The Credit
Card will not be renewed only if the Company and / or the Cardholder request that the Bank
cancel the Credit Card service at least 30 days before the card expiration date.
               If the Company and / or the Cardholder do not request the Bank to cancel the
card within the specified period, and a new Credit Card is issued, the Cardholder agrees to
pay the new card issuance fee at the rate specified by the Bank.


        16. The Bank reserves its right to terminate, reject and stop the use of the Credit
Card or recall its Credit Card under the following conditions:
        16.1 The Company and / or the Cardholder fails to pay debts as declared in the
Statement of the Account more than 3 months from the due date.
        16.2 The Company fails to repay other types of debts it has with the Bank.
        16.3 The Company faces financial problem and is unable to repay debt to other
creditors; or the Company is sued in civil or insolvency cases; or its property has been
seized or confiscated by a competent authorities’ order.
        16. 4 The Cardholder dies, or suffers from chronic illness or disability.
        16.5 The Company faces any other problems which significantly affect its debt
servicing ability.
        16.6 The Company and / or the Cardholder prepared or used fake documents to
apply for the Credit Card, or there is reason to believe that they committed a fraudulent act.
        16.7 The Company and / or the Cardholder are in breach of the Terms and
Conditions herein.

       If the Bank abrogates the use of the Credit Card, the Cardholder shall return the
Credit Card to the Bank immediately after he / she is informed of the Bank’s action.
       17. The Company and / or the Cardholder can cancel the Credit Card at any time with
written notification to the Bank. In such a case, the Company and / or the Cardholder shall
cut the Credit Card into two pieces and return them to the Bank. The Company and / or the
Cardholder shall fully pay the Bank any obligation and/or debt incurred from the use of the
card immediately in order to be entitled to a refund of the unused portion of the annual fee,
being calculated as whole months, where a partial month shall be discarded.
        If the Cardholder and / or the Company’s Credit Card debts are not fully settled, the
Company and / or the Cardholder shall agree that the Bank can use the refunded fee for paying
outstanding debts, without prior approval. The Company agrees that these terms and
conditions shall be regarded as a power of attorney for the Bank to act on behalf of the
Company.

        18. The refund of the fee as mentioned in Item 17 will occur within two months from
the date the Company and / or the Cardholder informs the Bank of the card cancellation (due
to the late arrival of some sales slips). The Bank will proceed as follows:
        18.1 Credit the refunded fee to the Credit Card account, or
        18.2 Credit the refunded fee to the savings/current account linked to the Credit Card or
to another valid Credit Card account (if any).
        18.3 If the Company does not have a deposit account or other Credit Card as mentioned
above, the Bank will notify the Company within 2 months from the date of notification to
pick up the refunded fee. If the Company does not contact the Bank within the said period, the
Company shall agree that the Bank may charge a fee of Baht 50 per month to maintain the
account, and deduct this fee from the Credit Card account until the outstanding balance
becomes zero.

        19. If the Credit Card is cancelled, for whatever reason, the Cardholder and / or the
Company acknowledge that only the use of the Credit Card is terminated, but the Credit Card
account or agreement shall remain valid until the Bank is fully repaid. If it appears that the
Credit Card account shows an amount the Cardholder owes to the Bank, the Company and /
or the Cardholder agree to fully repay the amount to the Bank together with interest at the rate
and method specified in Item 9.3.
        If the Bank suspects that the Credit Card has been used by an unauthorized person
for a dishonest purpose, the Bank shall cancel the Credit Card immediately for the
Company and / or the Cardholder ’s safety. The Bank shall issue a new card and inform
the Company accordingly.

       20. The Company and the Cardholder agree that any asset that the Company and/or the
Cardholder has placed as the collateral for any type of credit with the Bank (if any) shall also
guarantee the debt incurred from the use of Credit Card that the Company and/or the
Cardholder has with the Bank until the Bank is fully repaid.

        21. The Company and the Cardholder hereby authorizes the Bank to immediately debit
the current account and / or other types of deposit account that the Company and / or the
Cardholder has opened with the Bank; or the account that is under the possession, care and /
or authority of the Bank, regardless of how the Bank obtains that money, possession and
authority of the account, for the settlement of debt and/or other liabilities of the Cardholder.
Then, the Bank shall inform the Cardholder of the account debiting in writing.

        22. The Company and the Cardholder agrees to give consent to the Bank to make
inquiries into or disclose their financial status, and / or other information which is useful for
the Company and / or the Cardholder s application for and / or obtaining of credit and / or
other services from the Bank and / or other financial institutions, as well as other juristic
persons as the Bank deems appropriate. The Company and / or the Cardholder shall not
revoke this consent unless a Letter of Consent is officially issued by the Bank. The consent
given by the Company and / or the Cardholder shall remain effective despite termination of
the use of the Card.

        23. In case of collection of debt incurred from the use of the Credit Card, the Company
and / or the Cardholder shall take full responsibility for any expenses including litigation
fees, lawyer fees and other relevant expenses that the Bank has paid.

        24. Regarding any letter or notice that the Bank sends to the Company and / or the
Cardholder at the home or office address given to the Bank, the Company and / or the
Cardholder accept that such an address is deemed correct, and such a letter or notice has been
sent rightfully. If there is any change in the home or office address or occupation, the
Company and / or the Cardholder shall inform the Bank of the change in writing immediately.

        25. The Bank hereby reserves the right to cancel, amend or revise the fees, fines,
interest rates, service fees and/or rights that the Bank has given to the Company and / or the
Cardholder, including the formula for interest rate calculation and Terms and Conditions of
this service. The Bank shall inform the Company and / or the Cardholder of such action in
writing not less than 30 days in advance, except in urgent cases where a written notice shall
be given to the Company and / or the Cardholder at least 7 days in advance; or an
announcement shall be made in widely circulated Thai daily newspapers not less than 7 days
in advance before a written notice is sent to the Company and / or the Cardholder.

       If the Bank has informed the Company and / or the Cardholder of the changes
according to the above methods, it shall be regarded that the Company and / or the Cardholder
has acknowledged and accepted the changes in Terms and Conditions of the Card.

        26. Any delay or waiver by the Bank in exercising its rights under the law, or the
Terms and Conditions contained herein as well as the other Bank s manual or regulation shall
not be construed as a waiver or consent of the Bank to the User.

				
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