General Terms and Conditions. Standard Chartered Credit Card. ARTICLE 1:
DEFINITION. 1.1. Standard Chartered Bank: is a banking institution incorporated
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General Terms and Conditions Standard Chartered Credit Card ARTICLE 1: DEFINITION 1.1
Standard Chartered Bank: is a banking institution incorporated under the laws of England, in this case acting through its branch offices in Indonesia, in terms of issuance and credit card services, hereinafter referred to as "the Bank".
1.2
Visa/MasterCard: is a credit card issued by Standard Chartered Bank or other financial institution which has obtained a license from Visa/MasterCard International Inc with the use of a Visa/MasterCard logo and Visa/MasterCard paper printed in the middle of the logo.
1.3
Card: is all forms of Credit Card issued by the Bank.
1.4
Card Holder: is the party named on the Card and has the right to use the Card, either Primary Card or Additional Card.
1.5
Card Bill: The aging of the bills issued by the Bank on a regular basis for the usage of the Card by the Cardholder.
1.6
Billing Date: is the date of where the Card Bill is issued by the Bank.
1.7
Minimum Payment: is a minimum payment that must be repaid no later than the Maturity Date, with the number: {10% x (Total Bill)} or Rp 50,000 (whichever is greater).
1.8
Total Bill: is the amount of a liability until the date of the Card Bill, with the composition: {(Previous Balance) + (Purchases, Cash Collection, and Interest / Cost) ‐ (Payments and Credits)}.
1.9
Due Date: is the last date for the Cardholder to pay the Minimum Payment or total claims that are listed in the Card Bill.
1.10
Credit Limit: is the credit limit set by the Bank to the Cardholder (including supplementary cards) for the use of the Card.
1.11
Merchant: are companies or entrepreneurs engaged in the service and / or trading fields that have an agreement with the Bank to accept payment by card.
1.12
Sales Slip / Cash Advance Slip: is the form used by the merchant or the cash polling stations in the transaction of selling goods or services or cash withdrawal by the Cardholder, and is a form of evidence at the time of billing to the Bank or any other entity designated by the Bank.
1.13
Payment Form: is a payment coupon that is part of the Card Bill and should be included by the Cardholder at the time of payment through cashier.
ARTICLE 2: CARD 2.1
Card: is owned by the Bank and the Bank therefore reserves the right to withdraw or cancel the Card facility provided to the Cardholder at any time if deemed necessary, and therefore obliged the Cardholder to submit the Card and immediately settled the total bill including interest and other charges to the Bank. Upon termination, the Bank will send a letter of notification prior to the Cardholder.
2.2
The Card must not be transferable to anyone for any reason as well. Cardholder is the only person entitled to use the Card and the Cardholder is responsible for any misuse of the Card.
2.3
Immediately after the Card in the name of the Cardholder is received, the Cardholder is required to sign the card on the available signature panel.
2.4
By accepting, signed and / or use of this Card, it means that the Cardholder agrees to be bound and subject to this Terms and Conditions.
2.5
Supplementary Cardholder which card is given separately by the Bank at the request of the Cardholder and the Supplementary Cardholder itself, should immediately sign the Card on the signature panel at the time of receiving the Card. All rules that apply to the Main Cardholder shall also apply to the Supplementary Cardholder.
2.6
Cardholders are responsible for any transactions made with these cards, either by the Primary Cardholder or by Supplementary Cardholder.
ARTICLE 3: CARD VALIDITY PERIOD 3.1
Cardholders can only use the card during the validity of the card for both within the country and overseas.
3.2
Card is only valid until the date of the end of the month and year indicated on the Card, unless submitted to the Bank with the Bank receipt, frozen or terminated earlier by the Bank. The extension for next year will be based on analysis and consideration of the Bank.
3.3
The Bank may cancel the use of the Card before the end of the validity period indicated on the Card based on considerations and the Bank will send written notification in advance.
3.4
Cardholders should not use a card that has been due, unless prior written approval from the Bank is obtained.
3.5
If the Cardholder does not intend to renew the Card, the Cardholder should notify 1 (one) month before the due date to the Bank.
3.6
The Cardholder agrees that the acceptance and use of all the new cards / extension / Supplementary Card issued means the resumption of acceptance and approval of the Terms and Conditions.
3.7
In the event of damage to the card for whatever reasons, then the Cardholder together with evidence acceptable to the Bank may request the replacement of a damaged card though the validity period has not yet ended.
ARTICLE 4: CREDIT LIMIT 4.1
Cardholder is not allowed to use a Credit Card over the limit set by the Bank, except obtaining prior approval from the Bank. If the amount of card usage has exceeded the credit limit granted by the Bank, the Cardholder must immediately repay such excess.
4.2
Penalties and interest will apply if the usage of the Card exceeds the Credit Limit, as specified in the Welcome Pack which is an integral and inseparable part of the Terms and Conditions.
4.3. If the Cardholder has more than 1 (one) Standard Chartered Bank Credit Card under the same name, then the credit limit that can be used for the entire Credit Card (combined Credit Limit) will not exceed the highest Credit Limit of one of the Credit Card owned by the Cardholder (combined Credit Limit). ARTICLE 5: TRANSACTIONS 5.1
Cardholders must sign a Sales Slip for each transaction on the purchase of goods or services and Cash Advance Slip for cash withdrawal using the card. Cardholder must keep the carbon copy of Sales Slip and / or Cash Advance Slip as evidence to be matched with the bill contained in the Card Bill.
5.2
Disputes regarding the transaction should be reported before the Due Date to avoid a financial penalty / administration.
5.3
Request for copies of Sales Slip and copies of Card Bill will be charged accordingly as contained in the Welcome Pack which is an integral and inseparable part of the Terms and Conditions.
5.4
Cardholder agrees to treat / take photocopies / microfilm / compact disc / images recording or sound recordings made by the Bank as legitimate evidence that have the same legal force as the original.
5.5
Cardholders are entitled to obtain goods and services from Merchant as well as withdraw cash at the Bank in Indonesia and abroad who place the Visa/MasterCard logo as long as the card is still valid as indicated on the card or no cancellation of the Card. Cardholders shall be responsible for all costs incurred due to the use of cards for decision‐making goods and services as well as cash withdrawal.
5.6
The Bank is not responsible for the complaints / claims for goods and services provided by the Merchant or from a member of Visa/MasterCard International organization that are obtained by using the card. Each claim must be resolved directly by the Merchant / related member of Visa/MasterCard International organizations and no claim for the Merchant / member of Visa/MasterCard International, which can be compensated by the Bank.
5.7
The Bank is not responsible for any problems relating to the purchase of goods or services by the Cardholder. When disputes arise, the Cardholder must resolve with the merchant directly.
ARTICLE 6: CASH ADVANCE 6.1
Cardholders may withdraw cash in accordance with the conditions set by the Bank and not exceeding the total daily limit for cash withdrawal and the overall set by the Bank in accordance with the Credit Limit granted. Cash withdrawal can be made at ATMs or at any branch offices of the Bank or a designated payment office in Indonesia and the Banks who are overseas members of Visa/MasterCard International Inc.
6.2
Cardholders can use the card to withdraw cash from ATM with Plus or Cirrus logo. The number of withdrawals per day is as stated in the Welcome Pack which is an integral and inseparable part of the Terms and Conditions.
The Cardholder hereby expressly agrees with the following terms:
1. Personal Identification Number (PIN) will be issued by the Bank and only known by the Cardholders themselves. Cardholders are responsible for the misuse of the Card and / or PIN. 2. Cardholder hereby indemnify the Bank for all claims and lawsuits that may occur over the misuse of the Card. 3. Cardholder is responsible for all transactions processed by the Bank, with or without the knowledge of the Cardholder. 4. Each record / bookkeeping transactions that exists in the Bank is evidence that is legally binding for the Cardholder. 5. Cardholder agrees that the Card will not be used if balance within the card is not enough or the transactions exceed the Credit Limit or in the case of blocked cards.
6.3
a.
Cash withdrawal at branch offices or any designated payment offices in
Indonesia or other overseas banks who are members of Visa/MasterCard International Inc. will be charged with a certain amount determined by the payment office.
b.
Each cash withdrawal will be charged with administrative costs and interest as
stated in the Welcome Pack which is an integral and inseparable part of the Terms and Conditions.
ARTICLE 7: BILL PAYMENT 7.1
Bills received from abroad will be converted into rupiah currency in accordance with the exchange rate set by Visa/MasterCard International and the Bank on the date of the receipt of bills from abroad with administrative costs added by the Bank for each transaction.
7.2
If payment is not made in full, then it will be charged with interest in accordance with the prevailing retail rate and calculated on the "previous balance" since the previous invoice date printed plus the interest cost on new transactions from the date recorded,
and the interest rate for cash withdrawal transactions is calculated from the date of the transaction. 7.3
If the Cardholder does not pay the bills at Maturity Date, it will be subject to penalties and additional fees according to the amount stated in the Welcome Pack which is an integral and inseparable part of these Terms and Conditions
7.4
All calculations of interest and minimum payment may change in accordance with applicable policies in the Bank and will be notified in writing to the Cardholder.
7.5
Cardholders will be charged with stamp duty as stipulated by the government.
7.6
Payment to the Bank, the first is to pay off every bill that has been filed and unpaid interest, second is to pay the service fee, the cost of bills or other charges payable.
7.7
For payments made by demand deposit slips, then the new repayment can be considered valid if the funds had been disbursed or transferred to the Bank. If rejected or canceled, the drawer will be charged with an administration fee to the amount determined by the Bank.
7.8
The Bank may cut based on the Card Bill for Cardholder who has an account at Standard Chartered Bank. The amount of cut depends on the size of the minimum payment or all of the bills listed in the Card Receivables in accordance with the requirements of the Cardholder.
7.9
Card payment by cash can be done through other banks that have collaborated with the Bank or transfer via ATM from several other banks that have collaborated with the Bank. The delay for entry of payment to the bank from another bank is the responsibility of the Cardholder to the Bank and interest charges / penalties arising from such delay would be borne by the Cardholder.
ARTICLE 8: RIGHTS AND OBLIGATIONS OF THE CARDHOLDERS 8.1
Cardholders are entitled to enjoy these Card facilities as long as the procedure is set forth in these Terms and Conditions or will be informed in written notice.
8.2
Cardholders are entitled to request reprints of Card Bill, or provide copies of sales slips for the use of cards for every purchase transaction or for every Cash Advance transaction through the cashier that records the transaction by charging administrative costs.
8.3
If the Cardholder submit a written complaint or objection, then the complaint or objection must be accompanied with a photocopy of the identity and other supporting documents. If the Cardholder submits the complaint or grievance orally, the Bank will finish it within 2 (two) working days. However, if an oral complaint or objection is not resolved within the time limit, then the Bank will request the relevant Cardholder or his authorized party to file a complaint or grievance in writing to the Bank accompanied by supporting documents. Written complaint will be completed no later than 20 (twenty) working days after the date of receipt of the written complaint and may be extended for another 20 (twenty) working days with written notice to the Cardholder or his authorized representative.
8.4
All card usage and costs incurred will be stated on the Card Bill and Cardholder is obligated to pay the invoices that will be visible in the Card Bill although the Cardholder has not yet received the Card Bill.
8.5
Cardholders must pay to the Bank the amount of overall price stated in the Sales Slip for the purchase of goods and services provided by Merchants and Cash Advance Slip on a cash withdrawal because of the use of these cards that are charged by the Bank into the bill the Cardholder.
8.6
Cardholder obligations against the Bank did not change with the claims by and for the benefit of the Card on goods and services that have been submitted by the Merchant and the money that has been provided by the Bank due to the use of the Card.
8.7
Card holder is obliged to pay to the Bank for the amount of the bill payable as specified in the Card Bill. If there are errors, then this must be reported to the bank within 10 (ten) calendar days from the date of the receipt of the Card Bill.
8.8
Cardholder is obliged to : a) To pay to the Bank amount payable as specified in the Card Bill before the Maturity Date and there will be no fee if all of its debt service / total bill is paid in full before or on the Maturity Date; b) Paying for or less than the number of bills but not less than the Minimum Payment is billed; c) Pay the annual dues which amount has been determined and notified by the Bank and must be prepaid or period determined in accordance with the Bank.
8.9
In a case where the card holder will leave Indonesia for more than 1 (one) month, the Cardholder must notify the Bank, about how their accounts will be settled or the Cardholder agrees to pay all obligations to be paid at once.
8.10
Cardholder must notify the Bank if there are changes to the billing address and / or the company where he worked. The Bank is not responsible for delays in receipt of correspondence including Card Bill if this is caused by not receiving the notice.
8.11
If the Cardholder is a foreign citizen and will return to his country because it has exhausted its services in Indonesia or what so ever, then the Cardholder promised to pay off all its debts and return the card at the latest within a period of 1 (one) week prior to the date of departure.
8.12
To guarantee payment of all claims with respect to the use of the Card, the Cardholder hereby promise and bind themselves so that the Cardholder’s wealth in the form of movable or immovable object, or an existing bank account or that there will be a guarantee of future settlement of the Cardholder’s obligation to the Bank.
8.13
Cardholder is willing to give to the Bank descriptions, documentation or other records of the use of the Card, as required by the Bank from time to time. Card holder is willing to cooperate with the Bank in an investigation or prosecution of litigation arising from the use of the Card.
ARTICLE 9: RIGHTS AND OBLIGATIONS OF THE BANK 9.1 The Bank reserves the right at any time to block the card under the following circumstances:
a) Cardholder and / or the guarantor is indicated to be involved in dispute / case, either criminal or civil, or suspicious transactions; b) The property wealth of the Cardholder and / or guarantor is seized by a third party; c) The Cardholder dies, so that the beneficiary must settle all obligations which have been allotted to it under these Terms and Applicable Regulations; d) Card holder and / or guarantor fails or does not meet obligations that have been determined for him by the Terms and Conditions that apply; e) The Cardholder states its resignation as the Cardholder; f) Cardholder transactions contrary to laws / regulations applicable in Indonesia; g) Cardholder transactions exceeds the credit limit. h) Cardholder provides information, data, or document that is not true, invalid or false; i) Cardholder has orally or in writing reported the loss / damage of the Card to the Bank and the Bank may accept the report; j) Order from institution or government agency or judicial authority; k) To meet the Bank's internal policies.
9.2
If the Bank must use a third party to do the collection to the Cardholder, then all costs of collection including attorney fees, court costs and other expenses relating to the billing process will be a cost / expense for the Cardholder. Cardholder shall pay immediately and at the same cost at the time billed by the Bank. If the Cardholder has 90 days of arrears, the Bank reserves the right to announce the Cardholder data through mass media and / or perform any action deemed appropriate to settle the arrears by the Bank.
9.3
Cardholders and / or guarantor is liable for payment of all debts incurred on the use of the Card or Supplementary Cardholder.
9.4
If the cards issued as collateral for a company or secured by a guarantor, then the Cardholder and / or the guarantor is responsible either individually or jointly over the settlement each Card Bills. Guarantor obligations remain in effect until the repayment of all liabilities of the Cardholder to the Bank. Any release of Guarantor’s liability of the Cardholder must obtain prior written approval from the Bank.
9.5
In the event where the Cardholder has a checking account and / or term deposit account and / or other accounts at the Bank, the Cardholder hereby authorizes the Bank to debit the current account and / or term deposit account and / or other accounts as payment obligations if the Cardholder is negligent in carrying out the payment.
9.6
All authorization given by the Cardholder can not be revoked in any way until the end of the credit facilities provided by the Bank. Cardholder hereby agrees to waive Article 1813, 1814, 1815, and 1816 of Indonesian Civil Code regarding expiration of authorization.
9.7
The Cardholder agrees if the Bank enter the personal data of the Cardholder into the Bank's internal marketing lists, and give it to third parties who are business partners of the Bank and has been tied to the Bank as a provider of products / services which will be offered to the Cardholder.
9.8 Based on legal provisions and applicable legislation regulations, the Bank reserves the right to disclose personal data information, transactions and the collectibility status of the Cardholder, to other institutions that issued credit cards or to the information management center organized by Bank Indonesia or to any credit bureau. In the case of Card Bill that has matured, the Bank also reserves the right to contact and disclose referred information to third parties who have a relationship with the Cardholder, including but not limited to immediate family members, people who live in the same house and / or co‐workers of the Cardholder.
ARTICLE 10: LOST OF CARD 10.1
Cardholders remain responsible and obliged to keep the card from being lost where if loss occurs, then the Cardholder shall immediately notify the Bank of such loss by contacting the Customer Contact Centre (021) 57 9999 99. Loss report from the local police station shall be depreciated as soon as possible after reporting over the phone.
10.2
Card holder is obligated to pay the entire transaction from the use of the Card, prior to the date and time of the receipt of loss Card notice by the Bank . The fee will be charged for replacement of the lost cards.
10.3
The Card that is missing can not be used again. When the card is found again, then the Cardholder must immediately return it to the Bank (in the truncated state of two) for the security of the Cardholder itself. Additional Cards (supplementary card) must also be returned.
ARTICLE 11: AGREEMENT TERMINATION 11.1 The Bank will cancel the use of the Card with prior notice and all the total bill of the Cardholder shall due and payable immediately in the case of the following circumstances: a) The Cardholder is overdue in obligations payment; b) The Cardholder is declared inactive by the Bank; c) The Cardholder has long resided outside Indonesia; d) The Cardholders is in the state of default on other credit facilities with the Bank or any other parties.
11.2
If the Bank canceled the membership or decides to terminate the membership from the Bank, then the Cardholder must return the Primary Card (and supplementary) to the Bank to cut it into two parts at the latest within 7 (seven) days after notice from the Bank .
11.3
When the card holder intends to end the use of the Card, the Cardholder must notify in writing to the Bank.
11.4
The Cardholder must pay the entire total bill, including all delinquent fees, fines, and other costs incurred prior to the closure of the Card.
In the event of surplus funds after full payment of the Total Bill, then:
a) The Cardholder shall have 90 days from the date of closing of the Card to make a claim for excess funds. Card holder may contact the Bank to confirm the amount of excess funds. The Bank will process the surplus funds claim in accordance with procedures in effect at the Bank. The minimum number of excess funds that can be transferred is greater than the transfer fee, which is greater than Rp 10,000 (ten thousand rupiahs); b) When it comes to the time limit specified above and no claim is submitted by the Cardholder, then the excess funds will be processed in accordance with the procedures applicable to the Bank and the Cardholder agrees not to make any claim for excess funds in the future.
In the case where at the time of the Billing Date the Total Bill is amounted to 10,000 (ten thousand rupiah) or the remaining payment of up to 50,000 (fifty thousand rupiah), the Cardholder hereby agrees that the Bank does not print and send invoices to the Cardholder.
11.5
The Bank reserves the right and authority to not extend the validity period of a card before the card validity period ends, without any obligation to give reasons by sending a prior letter of notification to the Cardholder.
11.6
The Bank reserves the right at any time if in the opinion of the Bank, the Cardholder has violated the provisions in these Terms and Conditions and / or legislation in force without the obligation to give reasons by notice to the Cardholder to prohibit or restrict the Credit Limit of the Cardholder and / or rejected by other means and resist the use of the Card and / or other rights of any Cardholder either permanently or temporarily or immediately set about membership and revoke all rights, both inherent in the use of the Card or any other rights, and further reserves the right to give notice to all dealer firms
and each person concerned about revocation rights Bank berhak pada setiap saat apabila menurut pertimbangan Bank, 11.7
Use of the Card after the Bank's request to be submitted or when notified of the revocation or termination based on the items above is an act of fraud therefore every act of its use can be prosecuted.
11.8
Bank and the Cardholder is obliged to fulfill any obligations that have not been completed at the time of the termination agreement.
11.9
The Bank and the Cardholders agree not to impose Article 1266 and Article 1267 of the Book of the Civil Law Act in respect of the cancellation of this Terms and Conditions.
ARTICLE 12: MISCELLANEOUS 12.1
Terms and Conditions are made in Indonesian and English and the text is formally adopted. If there are differences in interpretation between the Indonesian text and English text, the Indonesian language text shall prevail.
12.2
Terms and Conditions are made and implemented based on legal provisions and legislation in force in the Republic of Indonesia.
12.3
The Cardholder hereby acknowledges and understands that the Bank may at any time change the Terms and Conditions of the Card, including the type and amount of costs set forth in these Terms and Conditions and other costs listed in the Welcome Pack by giving prior written notification.
12.4
Any changes or additions in this Terms and Conditions is a unitary and integral part of this Terms and Conditions.
12.5
If the Cardholder is in objection to the amendment, the Cardholder is not allowed to use the Card after the effective date of the amendment and should notify the Bank immediately. If the card is still used after the effective date of the provisions
amendment, then the Cardholder is deemed to have accepted the amendment unconditionally. 12.6
The Cardholder hereby certify that I have received and understand all the terms contained in this Terms and Conditions, which the statement is proven by the receipt of the Card, the signing on the existing signature field on the back of the card, and / or use of the cards.
12.7
All the problems that arise because of expenditure and usage of the Card is subject to the laws and courts in Indonesia.
PASAL 13: DOMICILE For this Terms and Conditions and all its consequences, the parties choose the jurisdiction of common and unchanged in the Clerk Office of the Central Jakarta District Court in Jakarta.