Terms and conditions of service SMS Alert - BT24

1. Purpose

SMS Alert is a service offered by the Bank through which its customers holding a credit / debit card will be informed in real time about the transactions made with the card subscribed to this service, as well as notifications regarding the crediting of the account to which the card is attached for individuals. After subscribing, the Bank will send sms for the following card transactions: a) Card payment transactions at POS, both in the country and alienated; b) Card payment transactions on the Internet, both in the country and abroad; c) Cash withdrawal transactions from the ATM, both in the country and abroad; d) Payment of atm invoices; d) Voice authorization transactions (imprinter) performed from the Call Center; e) Blocking / unlocking the card made from the Call Center;d) Crediting transactions of the account to which the card is attached, for individuals.

2. Fees and commissions:

The bank will charge the Beneficiary for the use of this service: a) a monthly subscription of 5 LEI / card for cards with an account in LEI; b) a monthly subscription of 1 EURO / card for cards with an account in EURO; c) a monthly subscription of $ 1.5 / card for cards with account in DOLLARS. The value of the subscription will be collected by debiting the card account of the Beneficiary monthly on the date of the anniversary of the contract.

The client will pay the Bank the monthly subscription regardless of whether or not he used the card for transactions in the respective month. The subscription is also charged in the month in which the contract ceases, regardless of the number of days in which the service was active during this month.

3. Liability of the parties

3.1. By this contract, the Beneficiary mandates Banca Transilvania to send SMS for the transactions performed without the need for additional instructions;

3.2. The Beneficiary has the obligation to notify the Bank in writing about any change occurred in its identification data and the rest of the data provided by this contract, as soon as the respective changes have taken place;

3.3. The Beneficiary assumes responsibility for the correctness of the identification data provided to the Bank (name and surname of the beneficiary, IBAN code, card number, mobile phone number to which the SMS will be sent) and for the existence of sufficient funds in the account for the retention of the monthly subscription;

3.4. If the operation that is the object of this contract cannot be performed due to the Beneficiary's fault (incorrect identification data of the Beneficiary, etc.), the beneficiary will continue to owe the monthly subscription for the transmission of SMS;

3.5. The Bank does not assume any liability for the transmission errors that may occur, unless they are due exclusively to the bank;

3.6. The Bank does not assume any responsibility for the correctness of the data entered by the Beneficiary when making the payment of the invoices to the ATM;

3.7. The Bank shall be responsible, in terms of transmitting information, only for gross negligence or intentionally inappropriate conduct regarding the reception, transmission or execution of transactions.

4. Identification data of the supervisory authority

The supervisory authority of the Bank is the National Bank of Romania, with headquarters in Bucharest, Strada Lipscani nr. 25, sector 3, code 030031.

5. Changes to the SMS Alert service:

5.1. If the Bank makes changes to clauses and/ or fees and commissions to this contract during its development, they shall be notified to the Beneficiary 30 days before their entry into force. The beneficiary has the right to unilaterally terminate the contract free of charge before the proposed date for the entry into force of the changes.

5.2. The non-receipt by the bank of an answer from the Beneficiary, until the date proposed for the entry into force of the contract modifications, will be considered a tacit acceptance by the latter of the new contractual conditions.

5.3. The term of 30 days will not apply to the contractual changes imposed by the application of new legal provisions, such changes being applied depending on the date of entry into force of the respective regulations.

5.4. In case of receiving from the Beneficiary a response accepting the modification of the contractual clauses, an additional act shall be concluded between the contracting parties.

6. Duration

This service is provided for a period of one year, starting with the date of activation of the service by the client through the BT 24 communication channel, with automatic extension in case none of the parties terminates this contract.

The provision of the service is automatically extended with the reissue of the card subscribed to this service.

7. Termination

7.1. The provision of the service ceases de jure on the date of closing the card and/or the card account, for reasons authorized by law, by the General Business Conditions of Banca Transilvania S.A. or at any time, with the agreement of the parties.

7.2. The Beneficiary may unilaterally terminate the contract at any time after activating the service and without applying a penalty fee or any other fee. The beneficiary may unilaterally terminate the contract only with the prior fulfillment of the obligation to pay in full the subscription for the current month.

7.3. The Bank may unilaterally terminate the contract provided that the Beneficiary is notified in writing, 30 days before the date requested for termination.

7.5. The Bank reserves the right to terminate the contract in case the Beneficiary accumulates debts from the monthly fee for a period longer than 60 calendar days.

7.6. The beneficiary may request the termination of the contract if the bank does not start providing services (without having a justified reason) or does not resume the provision of suspended services, within the established term of resumption of services.

7.7. The request for termination of the contract (notification) for the reasons mentioned in articles 7.4 and 7.5, shall be communicated to the contracting party, at least 30 days before the requested date of termination. If within 30 days from the date of notification the notified party does not formulate objections to the reason for termination invoked in the notification so that the contracting parties initiate the amicable settlement and resumption of the contract, it shall be considered accepted and shall be proceeded accordingly.

7.8. The Bank reserves the right to terminate the contract, within 30 days from the occurrence of circumstances that could not be foreseen at the date of conclusion of the contract and which lead to the modification of the contractual clauses to such an extent that the fulfillment of the contract would be contrary to the public interest, as well as at any time when it finds that the client does not comply with the provisions of this contract.

7.9. In all the cases provided above, the bank has the right to claim the corresponding payment for the part of the contract fulfilled until the date of unilateral termination of the contract / its termination.

8. Communications

All notifications and correspondence between the parties shall be made by the means provided in the General Business Conditions.

9. Conflict and dispute resolution

9.1. This contract is governed by the Romanian law, being in agreement with and being completed de jure with the legal regulations in force regarding the banking activity, the rules regarding the mandate, any legal norm regulating the financial-foreign exchange discipline, as well as with the legislation for the prevention and sanctioning of money laundering.

9.2. Any dispute between the parties will be settled amicably, and if this is not possible, by the competent court in the matter in the locality where the contract was concluded.

10. Confidentiality

The Bank will take all necessary measures to protect the confidentiality of access to information and its transmission through this service. The Bank shall not be held liable for respecting confidentiality, unless it is established that its lack is due to its negligence. Each Party shall treat confidential information as strictly confidential and shall use, reproduce or retransmit confidential information solely for the purpose of achieving the object of this Agreement.