customer package

CUSTOMER PACKAGE
TERMS OF AGREEMENT FOR PHYSICAL ENTITIES
1.
Terms used in the present Conditions shall have the following meaning:
Account – current account opened for the Customer with the Bank in the name of the Customer, the
application terms of which are provided in the Current Account Agreement for natural persons
and as indicated in the Application.
Agreement – agreement signed between the Bank and the Customer for the issue and use of the
relevant Customer Package. The Agreement consists of the Application, Conditions and Price List.
Agreement is an integral part of the Bank Service Agreement included in the relevant Customer
Package.
Application – application for signing the Agreement or for changing the Customer Package, the
submission of which to the Bank is considered to be the Customer’s irrevocable offer to sign the
Agreement or to change the Customer Package, and which is an integral part of the Agreement.
Bank – JSC “SEB banka”, registered office SEB Finance Centre, Meistaru iela 1, Valdlauči, Ķekavas
pagasts, Ķekavas novads. Registration No. 40003151743. Bank activities are monitored by the
Finance and Capital Market Commission. The Bank’s home page: www.seb.lv. Electronic
communication: [email protected].
Card – payment card issued by the Bank, which the Customer uses to pay for purchases or services,
as well as to withdraw cash from the Card Account, and the application terms of which are
provided in the Payment Card Agreement for physical entities.
Charge for Customer Package Service – monthly payment for Customer Package services, the
amount of which is provided in the Price List.
Credit Card – credit card issued by the Bank, the application terms of which are provided in the
Credit Card Agreement for physical entities.
Customer Package – a set of Bank services offered to the Customer as one package.
Customer – physical entities who has signed Agreement with the Bank.
Contracting Parties – parties that sign the Agreement – the Bank and the Customer.
Conditions – the conditions of the Bank’s agreement on Customer Package including all
amendments and annexes.
Ibank – internet information and payment system of the Bank, the application terms of which are
provided in Ibank agreement for physical entities.
Pension 2nd level – state funded pension scheme, within which a part of the social tax is directed to
forming of the pension 2nd level participant’s personal pension capital in the Client’s selected
investment plan.
Price List – uniform Service Price List approved by the Bank’s Board that provides commission for
the services provided by the Bank.
2.
Basic Principles
2.1. Conditions shall provide the rights, obligations and liabilities of the Bank and the Customer
as the Contracting Parties.
2.2. In accordance with the Application completed by the Customer and submitted to the Bank,
the Customer shall be assigned the relevant Customer Package. Application shall provide the
Customer Package title and Bank services included in the relevant Customer Package.
2.3. Legal relations between the Customer and the Bank, not provided by these Conditions, shall
be applicable with those agreement conditions regarding the relevant Bank’s service included in
the Customer Package.
2.4. The Contracting Parties shall sign the Agreement in the Latvian language. Further
correspondence between the Contracting Parties within the Agreement period shall be carried out
in Latvian, unless the Contracting Parties have not agreed otherwise in each separate case.
2.5. The Agreement shall come into force on the date of its approval, issued by an authorised
person of the Bank, or if the Customer submits the Application using Ibank (if Ibank provides such
an option), upon the moment the Customer shall have confirmed the Application by authorisation
code, and the Agreement is concluded for an undefined period of time.
2.6. Provided that the Agreement is in force, the Customer shall have the right to receive upon
request the Agreement conditions or information about separate Agreement conditions in written
form or via another independent data carrier. The Bank shall have the right to charge commission
for providing information mentioned in this point, if that such information is provided more than
once a year.
2.7. The Customer undertakes to immediately inform the Bank about any changes to the
information indicated in the Enclosure, as well as other significant information.
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3.
Concluding the Agreement
3.1. Customer understands the Conditions, Application and Price List.
3.2. Customer shall submit the Bank a completed Application and other documents requested
by the Bank. If the Customer submits the Application through Ibank (if Ibank provides such
option), the Customer’s signature is substituted by the relevant authorisation code. The Customer
agrees that such Application shall have the same legal force as the Application submitted in written
form.
3.3. The Customer’s Application is considered to be the Customer’s irrevocable offer to the Bank
to sign the Agreement, as well as the Customer’s approval of the application of the Price List and the
Conditions to the relations between the Contracting Parties. The Customer approves that
information provided in the Application is complete and correct.
3.4. The Bank shall review the received Application and other documents provided. When
reviewing the Application, the Bank shall have the right to verify the information provided by the
Customer as well as to request additional information from institutions in the order and amount
provided by the Republic of Latvia regulatory enactments.
3.5. In case of approving the Application, the Bank shall issue the Customer the relevant
Customer Package.
3.6. If the Customer has indicated the Bank service in the Application, for which an agreement
has already been signed between the Contracting Parties, then this Bank service is added to the
Customer Package, without a new agreement being signed between the Contracting Parties.
3.7. If the Customer wishes to change the Customer Package, he shall submit the a new
Application to the Bank. A change in Customer Package is not possible if Customer has unpaid
debts for Customer Package services. The previous Customer Package and rights and liabilities
arising from this Customer Package shall no longer be in force upon the moment the Bank issues
the Customer the new Customer Package.
4.
Customer Package Service Charge and Other Payments
4.1. For services of the relevant Customer Package, the Customer shall provide the Bank
monthly payments in the amount provided in the Price List and in the order provided by the
Conditions, as well as other payments that the Customer shall have to cover in accordance with the
Conditions or the Price List.
4.2. Bank shall have the right to collect the charge for services of the relevant Customer Package
for the previous month from the Customer, as well as from other accounts of the Customer, once
monthly after the previous month has ended.
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Effective from
04 April 2011
4.3. In the order proved by these Conditions, the respective month shall begin from the relevant
date of the month, when this Agreement has come into force.
4.4. In accordance with the Price List, the Bank collects charges for the services of the relevant
Customer Package in the previous month in the order provided by the Bank's Conditions in such a
case where the Customer has not in the relevant month used any of the Bank’s services that are
included in the Customer Package.
4.5. The Bank shall have the right to deduct from the Account, as well as from other Accounts,
other payments that the Customer shall have to pay in accordance with the Conditions and Price
List.
4.6. If assets in the Account or other accounts of the Customer are available in other currencies
than the Customer Package service charge, or other payments, which the Customer shall have to
pay in accordance with the Conditions and Price List, the Bank’s provided currency exchange rate
is applied for the moment when, in accordance with the Conditions, the Bank deducts the
Customer Package service charge or other payment, which the Customer shall have to pay in
accordance with the Conditions and the Price List.
5.
Order of Applying the Price List, Amendments to the Agreement
5.1. Within 3 (three) working days after the issuing the Customer Package and provided that all
agreements signed between the Contracting Parties for the Bank’s services included in the Relevant
Customers Package are in force, the Customer shall be applied the charges for the Bank's services
provided in the Price List, set within the relevant Customer Package.
5.2. From the moment any of the agreements for the Bank's services included in the relevant
Customer Package looses its force or is no longer valid, the Bank shall have the right to apply to the
rest of the services included in the relevant Customer Package the commission charge of the Bank's
services as provided in the Price List, which is provided for the relevant Bank’s service, without
applying Charge for the relevant Customer Package services. The commission charge of the
relevant Bank’s service provided in the Price List variant A is applied to a Card. The commission
charge of the relevant Bank’s service provided in the Price List Credit Card credit line variant is
applied to a Credit Card.
5.3. If the Customer does not meet/breaches the conditions of this Agreement, and also in the
event the Customer’s debt for Customer Package services is 6 (six) times larger than or equal to the
monthly charge provided in the Price List for Customer Package services, the Bank shall have the
right to impose the Client with the commission charge for Bank’s services provided in the Price List
for the relevant Bank service, and to no longer apply Charge for the relevant Customer Package
services. A Card is imposed with the commission charge of the relevant Bank service provided in
the Price List variant A. A Credit Card is imposed with the commission charge of the relevant Bank
service provided in the Price List Credit Card credit line variant.
5.4. The Agreement shall be considered to be a complete agreement between the Contracting
Parties. The Bank shall have the right to amend the Agreement, by informing about amendments
not later than 60 (sixty) days in advance, providing the availability of information on the
amendments in the Bank's branches and on the Bank's homepage. If the Customer does not agree to
the announced amendments, he must inform the Bank thereof in written form by the date the
amendments are to take effect. In such a case, the Customer shall have the right to terminate the
Agreement by the date said amendments come into force.
6.
Termination of the Agreement
6.1. If the Customer does not meet/breaches the Agreement Conditions, the Bank shall have the
right to terminate the Agreement by issuing a written notice to the Customer thereon 60 (sixty) days
in advance.
6.2. In the event of not meeting the obligations provided in this Agreement/or in case of
breaching this Agreement, the Bank shall have the right to pass the debt recovery rights and the
information necessary for recovering debts (including Customer data, content and information of
the Agreement that the Bank has acquired in accordance with the Agreement) to third persons and
to publish information about the Customer and his debt in public or private access databases.
6.3. The Customer shall have the right to terminate the Agreement, by informing the Bank
thereof in written form or by using Ibank (if Ibank provides such option). If in the order provided in
this Clause, the Customer submits a notice to the Bank on termination of the Agreement using
Ibank, the Customer’s signature is substituted by the relevant authorisation code. The Customer
agrees that such a notice shall have the same legal force as the application submitted in written
form.
6.4. If the Agreement is terminated in accordance with Articles 5.4, 6.1 or 6.3 of the Terms and
conditions, then it shall not influence the force of the Agreement on banking services included in
the respective Client’s package, except for changes in the Pricelist. Banking services will be subject
to the Pricelist in accordance with Articles 5.2 and 5.3 of the Terms and conditions.
6.5. Unless provided otherwise by the Conditions, the Agreement, which provides the issue and
service of a separate Bank’s service included in the relevant Customers Package, can be terminated
in the order provided by the Agreement.
6.6. In any case of Agreement termination, the Agreement shall be binding to the Customer until
complete and correct execution of the obligations stipulated by this Agreement.
7.
Disputes and the Applicable Law
7.1. The Customer shall have the right to address the Association of Latvian Commercial Banks
ombudsman with claims regarding the Bank’s activities during the period this Agreement is in
force. More information at the Association of Latvian Commercial Banks home page:
www.bankasoc.lv.
7.2. Any disputes, disagreements or claims arising out of this Agreement related to it or the
violation, termination or invalidity thereof, shall be settled in the court of competent jurisdiction in
accordance with legislation of the Republic of Latvia.