Rules of card usage issued for account of private person

General directions:

The present Rules of usage, issued by the Commercial Bank “Moldindconbank” JSC, establish the mode of cards usage by Owners and are elaborated in conformity with the provisions of the NBM Regulations regarding the currency regulation on the territory of the Republic of Moldova, rules of the international systems of payment MasterCard International and Visa International, and the existence legislation of the Republic of Moldova. In the content of the Rules of usage and in any document which derives or occurs in connection with the Rules of usage, the following terms have the following meanings:

  • Contract – Contract concluded between the main Owner and the Bank, which regulates the Cards usage and Card account administration. Contract consists from the Application of card issue by the bank and from the Rules of usage, and enters into force automatically at the moment if signing by the Bank of the Application of card issue.
  • Application of card issue, Application - Document (part of the Contract) by which the Costumer solicits the card Account opening and issue of the Card, indicates his/her data of identification, currency, type of the card Account, and type of Card.
  • Rules of usage – Part of the Contract, which manage the Card usage.
  • Bank – Card issuer: MICB
  • Card owner, Owner – Physical person on the name of whom is issued the Card in accordance with the Contract. It contains the terms “Main Owner” and “Authorized User”.
  • Main owner – Owner, possessor of the card Account opened in accordance with the Contract.
  • Authorized user – Card owner, other than the Main Owner: physical person on the name of who the Card is issued according to the present Contract, designated by the main Owner as Authorized user of the card Account.
  • Card – International card, issued by the CB “Moldindconbank” JSC on the name of the Owner in accordance with the Contract. The Card is a standard data carrier, protected and personalized, used by the Owner in the way previewed by the present Contract and accepted as instrument of payment in Transactions with cards. The issued card a debit card, excepting the cases when the main Owner is offered, on the base of documents signed with the Bank additionally, the facility of overdraft on the card Account. In this case, it is a debit card with overdraft facility.
  • Transaction with card, Transaction – Transaction, in which the Card is used in order to pay for goods and/or services or for encashing.
  • PIN, PIN code – Personal number of identification attributed to the Card in order to be used in transactions with Cards for the purpose of the Owner identity. For this purpose, the PIN is considered to be the electronic equivalent of the Owner signature and it is an instrument of security assurance.
  • PIN envelope – Protected envelope, in the interior of which the PIN is printed. The PIN envelope is used to communicate the PIN to the Owner. The envelope integrity guarantees the PIN confidentiality.
  • Card Account – The Account opened and maintained by the main Owner at Bank for the purpose of record of Transactions with cards as well as record of other operations previewed by the present Contract.
  • Tariffs – MICB Tariffs and limits concerning the bank cards service – list of fees, commissions and limits applied by the Bank for Cards service.
  • System of payments – International system of payments MasterCard International or Visa International.
  • Trader – Physical or legal person who, by means of a bank, participates at the System of payments and accepts the Cards as mean of payment at commercialization of goods and/or services, according to the rules of the System of payments.
  • Bank terminal, Terminal – Bank unit which belongs to a bank participant at the System of payments and accepts the Cards for encashing and/or payment for services, according to the System of payments.
  • Automatic teller machine, ATM – Bank automatic machine which belongs to a bank participant at the System of payments and it is used for cash issue as a result of Transaction with card and carrying out of other functions for which it may be programmed.
  • Selling Terminal, POS Terminal, POS – Devise installed at commercial office of the Trader or at the bank terminal, which allows processing, collection and transmission of data regarding the Transactions by electronic means.
  • Operator – Employee of the Trader or of the bank participant at the System of payments, which carries out directly the service of the Owner at the bank Terminal or commercial office of the Trader.
  • Bill, Receipt – Primary evidence, drawn up at the trader/bank Terminal, which certifies the Transaction.

Note: It is very important the Rules of usage to be thoroughly understood and duly applied by the Owner in order to avoid the possible negative consequences.

Card and PIN usage:

  1. The Card and the PIN shall be used by the Owner in exact correspondence with the Rules of Usage. The Owner shall learn the PIN code from the PIN envelope, given to him in the same time with the Card by the Bank representative. The PIN disclosure to other person is forbidden.
  2. After the PIN envelop and Card handing in, the Bank bears the responsibility only for the situations previewed express in the Rules of Usage.
  3. The Bank shall issue the Card to the Owner after the Owner will pay the fees according to the Tariffs.
  4. At receipt, the Card shall be signed with pen by the Owner in the special space on verso.
  5. The main Owner is entitled to solicit the issue of the additional Card, designated for the Authorized User. For this purpose, the main Owner, together with the Authorized User, shall fill in the Application of Additional Card issue.
  6. The Card is not transferable. It may be used only:
    • by the Owner;
    • according to the existing normative acts, Rules of Usage and Tariffs;
    • during the period of validity;
    • with the observance of the bank right of withdraw at any moment, without notice, of the right of Card usage for a special transaction, not approving the request of its authorization, without the obligation to tell the reasons of refuse.
  7. The Card is used for carrying out of the following types of operation:
    • encashing at the Bank Terminals or ATMs or at other participants at the System of payments;
    • payment for goods and/or services at Traders or for liabilities to the budget (taxes, fees, other obligatory payments);
    • other financial and non-financial operations previewed in Tariffs.
  8. The Bank is entitled to limit the sum of one or more Transactions during a period, as well as the types of the allowed Transactions, this limits being stipulated in Tariffs.
  9. In dependence of the situation on the currency market, the Bank has the right to limit the Transactions of cash withdraw in a different currency than the currency of the card Account, implemented on the territory of the Republic of Moldova.
  10. During carrying out the Transactions with card at a Trader of at a bank Terminal, the Owner is obliged to check if in the Receipt is written correct the Owner name, the sum and the date of the transaction, and shall sign, at the request of the Operator, the Receipt.
  11. In case if the signature from the Card does not correspond to the signature from the Receipt, the Operator has the right to hold up the Card.
  12. The Operator is obliged to offer to the Owner a copy of the Receipt.
  13. The Owner is obliged to keep the Receipt during 2 years from the moment of its receipt, for the purpose of control and monitoring of expenditures from the card Account.
  14. At implementation of Transaction to Traders, Bank terminals, the Operator has the right to request the Owner to present an official act of identity.
  15. It is not allowed the use of Card in transactions “quasi-cash” (gambling, casinos, lotteries, deposits opening etc.)
  16. The Card is the property of the Bank. It should be returned to the Bank immediately at its request.
  17. It is forbidden the use of card in the situation when it is annulled or suspended. In case of breach of this provision, the Owner bears responsibility in accordance with the existing legislation.

    Card account

  18. The card Account shall be opened at the Bank in the currency indicated in the Application. The minimum sum necessary for card Account opening is established in Tariffs. The main Owner authorize the Bank to debit automatically the card Account with the sums, representing:
    • the Transactions contra-value, inclusive of those realized fraudulent by the Owner or other persons, observing the dispositions mentioned in the clause 29 B);
    • payments of interests, fees and commissions owing to Bank according to Tariffs;
    • contra-value of expenditures (post, telephone, etc.) implemented by the Bank at the request of the Owner for solving of some Transactions (authorization, settlement).
  19. The main Owner is responsible for the sums mentioned in clause18.
  20. The main Owner is obliged to control monthly the state of the card Account in order not to admit the usage of the minimum balance or the appearance of the non-sanctioned overdraft in the card account.
  21. In case of non-sanctioned overdraft appearance, the main Owner is obliged to compensate to the bank the sum of the non-sanctioned overdraft, the sum of the interest and of the commissions calculated according to the Tariffs, immediately as this fact is established and/or during 10 days from the moment of notification.
  22. In case of nonpayment of the sums mentioned in the clause 21 during the term indicated in the clause 21, the main Owner empower his/her Bank to close the Cards and to pay the owing sum from other accounts owned by the main Owner in the bank, by internal Bank documents, and in case there is not such a possibility, the Bank reserves the right to collect by force the debt by means of the competent law machinery.
  23. The main Owner is obliged to notify the Bank regarding any errors or faults appeared in the result of card Account managing, immediately as will establish this fact.
  24. The card Account may be replenished by:
    • cash deposit at Bank Terminals;
    • bank transfer from another account opened in the Bank or in another bank;
  25. The Owner may receive information regarding the available cash means in the card Account by means of ATM, Bank Terminal or other ways offered by the Bank. The available Sum is calculated according to the formula: (card Account balance) + (credit limit) – (minimum balance) – (sums of the operations authorized by the Bank and unsettled at the present moment). The Bank is obliged to offer to the main Owner, monthly, at his/her request, the statement from the card Account, which contains the initial and final balance, the list of Transactions and of other operations recorded in the card Account in the respective month. The account statement for the respective month shall be offered to the main Owner beginning with the date of 10 of the following month. For the additional account statement, the Bank is entitled to charge a commission according to the tariffs. The main Owner may receive the statement of the account at the Bank Terminals or in another way, supplementary agreed with the Bank.

    Fees and commissions

  26. The Fees and other charges of the bank concerning the Card and the card Account shall be debited directly from the card Account or shall be charged by cash and are established in the Tariffs. The way of payment, used for each commission, is established by the Bank.

    Card and PIN security

  27. The owner does not have the right to enter any modifications of any kinds in the Card elements, excepting the signing in the place for signature. The Card where will be detected such modifications shall be considered canceled and the Owner is obliged to return it to the Bank.
  28. The owner shall implement all the necessary measures in order to assure the Card and PIN security. It is forbidden to write the PIN on the card or anywhere else, where will allow the association with the Card, by its nature or position. The PIN shall be remembered when it is received and the PIN envelope immediately destroyed.
    1. In the case of card loss or theft or the PIN compromised, the Owner, immediately as established this fact, is obliged to inform the customers support service of the Bank at the telephone number +/373 22/ 54 89 40, offering to the operator the solicited information. The service is available non-stop. After the orally notification (by telephone), the Owner is obliged to confirm the notification in written form as soon as he/she gets the opportunity to do it. The declaration shall be submitted at any Bank Terminal or shall be sent by post on the Bank address.
    2. The card Owner is not responsible for the transactions implemented fraudulent with the card from the moment when the Bank receives the notification, in written form or orally, regarding the card loss or theft.
    3. The Owner:
      • in the same time with the notification regarding the loss or theft of the card, shall offer to the Bank all the information regarding the loss or theft and shall offer assistance, within reasonable limits, in the actions of restitution.
      • in case of PIN compromising, shall present to the bank the necessary information regarding the circumstances in which the PIN was compromised and shall return the card.
    4. In case when the Card, reported as being theft/lost, is restituted, the bank shall be contacted for instructions, the usage of the card being forbidden.

    Conditions of suspension, annulment and reissue of Cards

  29. Period of validity of the Card is established by the Bank decision. This period expires at the expiration of the month and year indicated on the front side of the Card. From the moment of the period of validity expiration, the Card is cancelled.
  30. The Bank has the right to issue periodically new cards for the replacement of those existing, a new Application of card issue from the Owner being unnecessary.
  31. The Bank is entitled to refuse the Card reissue.
  32. The Bank is entitled to annul or suspend the Card in the following cases:
    • in the moment of cancellation of the contractual relations between the Bank and the Owner;
    • in the moment when the card has been declared by the Owner as being theft or lost;
    • in case of the Rules of usage breach.

    Period of validity of the Contract

  33. The contract is concluded for an unlimited term.
  34. In case of the main Owner decease, the present contract shall become null and void immediately. In this case, the card Account balance shall be issued by the bank to the heirs of the main Owner in the order previewed by the existing legislation.
  35. The Owner is entitled to cancel the Contract at any moment by submitting a application of the account closing.
  36. In case of the Contract cancellation, the Owner is obliged to return to the bank all the Cards issued on the base of this Contract.
  37. The card Account balance is issued to the Owner after the record in the account of all the Transactions with the Cards and payment of all the fees and commissions according to the Tariffs and not earlier than 33 calendar days from the moment of the Application of account closing submission and after return to the Bank of all the issued Cards under the present Contract.
  38. The Bank has the right to cancel the Contract at any moment.
  39. The Card annulment or suspension does not affect the Owner obligations which derive from Transactions performed with the Card till the moment of card annulment or suspension.
  40. The Contract validity ending does not exempt the parties from the liabilities derived from the provisions of the present Contract during the period of its validity.

    Contract modification

  41. The Bank has the right to modify or to complete unilaterally the Rules of usage and/or the Tariffs. The modifications enter into force at expiration of 30 calendar days from the moment of their approval. The Bank notifies individually the main Owner regarding these modifications by means of appendix to the card Account statement, by means of informative panels at the Banks Terminals, of web page and Bank ATMs.

    Disputes settlement

  42. All disputes which may appear during the execution of the present Contract shall be examined by the Bank according to the provisions of the NBM Regulations regarding the bank cards and according to the following procedure:
    1. The Owner has the right to submit the reclamation to any Bank Terminal or to send it by post to the address of the Bank. The reclamation shall be drawn up in written form;
    2. The Bank is obliged to examine the reclamation as soon as possible and shall finish the examination in not more than 45 days from the date of reclamation submission by the main Owner.
    3. The Bank shall notify the main Owner in written form regarding the results of the examination, presenting rigorous arguments based on evidences and reciprocal obligations.
    4. The Bank is obliged to correct immediately the debit or credit records in the card Account if these were established to be incorrect in result of the reclamation examination.
  43. The contestation of a Transaction may be performed by the main Owner in term of maximum 45 calendar days from the date of the Transaction carrying out.
  44. If the reclamations’ subject is the Transaction carried out with the usage of the Authorized User card, the reclamation shall be signed by the main Owner and by the Authorized User.

    Final Provisions

  45. If a Trader initiates, for benefit of the Owner, restitution of a sum kept by a Transaction, the card Account shall be credited with this sum.
  46. The Bank renders to the Owner services of Transactions authorization 24/7.
  47. The Owner guarantees the authenticity of data entered in the Application and shall notify immediately the Bank regarding any modification of data entered in the Application.
  48. Any information received by the bank from the Application may be used for identification of other products and services which may be offered to the Owner.
  49. Information regarding the Owner shall not be disclosed to any third party, excepting the law machinery in case of criminal cases institution and in the conditions previewed by the law.