Payment Card Agreement

1. 1. Terms and Definitions

   1. 3D Secure - the means of protection used in the Card transactions when the payment transaction must be validated by a static password and a one-time code sent to your mobile phone each time when you make a payment.
   2. Account Agreement - the Electronic Money and Payment Account Agreement (Annex 1 to the General T&C).
   3. Agreement - this Payment Card Agreement governing the procedure for the issue and use of the Card and the making of payments by the Card.
   4. Card - an electronic payment instrument issued to the Client by the Institution enabling its holder to electronically initiate Orders to the Institution for the use of the money kept in the Account linked to the Card, i. e. to make cashless payments for goods or services at physical or online stores during their operating hours and to withdraw or pay in cash (if the Card has this function) from/to cash withdrawal/pay-in facilities during their operating hours. For the purposes of this Agreement, the Card also denotes a Virtual Card unless stated otherwise.
   5. Card Holder - a natural person entitled to use the Card, i. e. You, if you are the Client - natural person or a natural person to whom the Card has been assigned and whose full name is imprinted on the Card, or if the Client is a legal entity. Depending on context, the Card Holder can also be referred to as 'You' in this Agreement.
   6. Contactless payment functionality - validation of the payment transaction made by the Card by tapping the Card over a card reader marked with the contactless payment symbol.
   7. CVC2/CVV2 code - personalised 3-digit security code printed on the signature strip on the back of the Card and used for payments in online stores and service provision outlets.
   8. PIN code - the personalised security code which is known to the Card Holder only and which is used for the validation of a payment transaction initiated by the Card.
   9. Virtual Card - an electronic payment instrument issued in a virtual rather than physical format that enables the Client to electronically issue Orders to the Institution for the use of the money kept in the Account linked to the Card, i. e. to make cashless payments for goods or services at online stores during their operating hours.
   10. Other terms used in the Agreement have meanings as defined in the General T&C, the Account Agreement, the Republic of Lithuania Law on Payments, and the Republic of Lithuania Law on Electronic Money and Electronic Money Institutions.

2. 2. Subject of the Agreement and Scope of Application

   11. Under this Agreement, We shall issue You the Card and/or the Virtual Card, link it to the Account, execute Your Orders for performing payment transactions (paying) by the Card, enable You to control the Card remotely by means of electronic communications, and perform other operations permitted by Us, and You shall pay Us for the services provided and transactions completed.
   12. The General T&C and the Account Agreement shall form an integral part of this Agreement. Provisions of the General T&C and the Account Agreement shall apply in cases both directly stipulated in the Agreement (e. g. termination of the Agreement) or not directly stipulated (e. g. applicable law and resolution of disputes) depending on the context. In the event of contradiction or discrepancy between the terms and conditions of the Agreement and the General T&C / the Account Agreement, the terms and conditions of this Agreement shall prevail, unless the Agreement states otherwise.

3. 3. Issue of the Card

   13. The Card shall be issued to the Client that has the Account, on receipt of the Client's request, and subject to the Client's selection of the type of the Card, submission of required details via the Online Banking System either directly or through the mobile application (where possible) or by another method offered by Us, and confirming agreement with the terms and conditions of the Agreement. The Card shall not be issued if there is a debt on the Account or there are no sufficient funds for the payment of the fees.
   14. At ordering of the Card, You shall create the PIN Code for the Card and assume full liability for the PIN Code's security and secrecy. You can check your PIN Code by logging in to your Account in the System.
   15. The Card shall be sent by post to the address specified by You. You are obliged to inform Us if you do not receive the Card within 30 (thirty) days after the ordering date.
   16. You can order either one Card or additional Cards and the Virtual Card and hold them all. We shall have the right to limit the number of the Cards held by You.
   17. We shall have the right to refuse to issue the Card to You for any reason.
   18. If the Card is ordered for the Card Holder who is not the Client, the latter shall be obliged to make the Card Holder conversant with the Agreement, the Account Agreement and the General T&C, which shall be all applicable to the Card Holder. The Client shall assume full liability for any actions and omissions of the Card Holder.

4. 4. Use of the Card

   19. On receipt of the Card, You shall:
       1. check that your details on the Card are correct and, if the details are incorrect, notify us and not activate the Card;
       2. sign at the designated place on the back of the Card;
       3. activate the card in the Online Banking System either directly or through the mobile application (where possible).
   20. The Card can be used for payment for goods/services at outlets where they are sold or other locations where such transactions are technically feasible.
   21. If the Card has the Contactless Payment Functionality, You can activate/deactivate it in the Online Banking System either directly or through the mobile application (where possible and can set limits for such payments. Prior to performing the first contactless payment transaction, We may ask you to first perform a transaction that validated by means of the PIN Code.
   22. The Card can be used for online payments when shopping in online outlets where goods and services are sold. You may need to activate this functionality (and later deactivate it if necessary) in the Online Banking System either directly or through the mobile application (where possible).
   23. The Card can be used for payments abroad where technically feasible. You may be offered the opportunity to activate/deactivate this functionality in the Online Banking System either directly or through the mobile application (where possible). We may impose restrictions on the use of the Card in certain countries.
   24. You can use the Card for cash withdrawals from ATMs. You may be offered the opportunity to activate/deactivate this functionality in the Online Banking System either directly or through the mobile application (where possible).
   25. The Cards issued by Visa Europe Association ('Visa') can only be used at sales outlets or service provision locations marked with Visa symbol. The Cards issued by other associations, such as MasterCard (if issued by Us) can be used for payment only at sales outlets or service provision locations marked with relevant symbols.
   26. Funds available in the Account linked to the Card shall be used for making payments by the Card. Payments can be made in any currency, however, the Account will be debited in the currency of the Account.
   27. The balance of the Card linked to the Account can be checked in the Online Banking System either directly or through the mobile application (where possible), in ATMs or other locations where technically feasible.
   28. A statement of account showing payment transactions performed with the Card can be generated in the Online Banking System either directly or through the mobile application (where possible).
   29. The Card shall only be used for lawful purposes and in good faith.
   30. Please note that sometimes, due to system updating works or other disruptions, the Card may be temporarily inoperative or its functionalities restricted (e. g. You may not be able to pay online or withdraw money from an ATM). We shall not assume liability for any losses in such cases.

5. 5. Confirmation of Card Transactions

   31. You authorise a payment transaction by the Card when You:
       1. validate the transaction by entering the PIN Code of the Card;
       2. in the case of a contactless payment - tap the Card over a card reader and perform actions specified in the card reader. If the contactless payment limit is exceeded, a repeated validation of the transaction with the PIN Code may be needed;
       3. swipe the Card in the card reader and sign the receipt issued;
       4. insert the Card in the self-service card reader and perform actions specified in the card reader without entering the PIN Code (e. g. when paying a toll);
       5. when making payments in online outlets, enter the Card details (e. g. first name, surname, number, term of validity, CVC2/CVV2 Code);
       6. conclude an agreement with a seller of goods or services either physically or at an online outlet, agree to initiate payment transactions by debiting the Account, and provide the Card details (e. g. first name, surname, number, term of validity, CVC2/CVV2 Code);
       7. provide the Card details (e. g. first name, surname, number, term of validity, CVC2/CVV2 Code) to a seller of goods or services either physically or at an online outlet;
       8. make a payment using an electronic wallet (if it is technically feasible to link the Card with Samsung Pay, Google Pay or Apple Pay electronic wallet implemented in a mobile phone) - by tapping your mobile phone or another linked device over an electronic card reader. To validate such a transaction, security features implemented in your mobile phone or another linked device are used; they may include biometric data (such as fingerprints or facial features).
   32. Depending on the technical solutions applied by the goods supplier/service provider and means of protection selected by You, additional validation of the authorisation referred to above may be required in the Online Banking System either directly and/or through the mobile application (where possible) by means of one of the identification tools specified during the transaction or by 3D Secure. If, in our opinion, such protection is indispensable, and if You do not use such protection, We may refuse to execute the payment transaction.
   33. All the actions referred to above shall have the same legal force as any document signed by you or the Order given in writing.
   34. After validating a payment transaction by one of the actions referred to above, You shall not be able to revoke it. You can only revoke a transaction that is due to be executed in future (e. g. service fee payable on a monthly basis), however, You must give the goods supplier/service provider a 2 (two) business days' notice prior to the end of the term for the execution of transaction and inform Us if necessary. We shall not assume liability for the revocation of such transactions.
   35. You shall assume liability for any consequences of giving Your consent to (authorising) a payment transaction by the Card, therefore:
       1. Prior to authorising, always check the details of the payment transaction;
       2. Keep the document evidencing the transaction (e. g. a receipt);
       3. Always authorise transactions personally, and in the case if the Card details are read physically, make sure that this is done in Your presence.
   36. Having noticed a transaction that was not authorised by You (unauthorised transaction), You must notify Us without delay in the Online Banking System either directly or through the mobile application (where possible) or by contacting Us by means of the contact details specified on Our website.
   37. We shall refund You the money debited from the Account linked to the Card provided that You have informed Us about an improper or unauthorised payment transaction with Your Card, concerning which You are entitled to make a claim under the Agreement, without delay but no later than within 13 (thirteen) months after the funds' debiting date, and if you are a business client - no later than within 60 (sixty) days.

6. 6. Execution of Payment Transactions by Card

   38. Subject to authorisation referred to in Clause 5.1 above, the payment transaction (settlement) is executed:
       1. By reserving the funds in the Account linked with the Card and subsequently, on receipt of confirmation from the payee, debiting the Account with the amount. We shall cancel the reservation if We do not receive the confirmation within 15 (fifteen) days. The fees specified in the Standard Rates are not reserved as part of such reservation; or
       2. By debiting the Account linked with the Card on receipt of confirmation from the payee, without reservation. In such a case the settlement may take place immediately after Your authorisation or later.
   39. If the balance in the Account linked with the Card becomes negative as a result of the transactions with the Card, You are obliged to cover such balance.
   40. We may refuse to execute a payment transaction by the Card if:
       1. there are not enough funds in the Account linked with the Card for the execution of the transaction and for debiting of the fee therefor;
       2. We have suspicions that the Card is being used unlawfully or a breach of security has occurred;
       3. You fail to comply with the Agreement, other agreements or additional arrangements concluded with us;
       4. We consider the payment transaction as suspicious;
       5. We cannot execute the transaction due to an error, fault, updating work underway, or third-party actions or omissions (e. g. We are unable to process the payment in SEPA system).
   41. Where a payment transaction is not executed due to Our fault (e. g. inaccurate payment details, closed account) and/or the amount of the payment Order is returned to You, We shall not assume liability therefor and shall not compensate You for losses arising therefrom (e. g. no refund of the fees paid for the transaction or expenses related to such refund).
   42. We shall not assume any liability if You were unable to use the Card due to third-party actions or omissions, if You used the Card unlawfully or in bad faith, or the goods/services purchased by You with the Card are of poor quality, or the goods seller/service provide did not enable You to pay by the Card or did not give You a discount even though You were entitled to it, or You have experienced any other inconvenience or loss due to third-party actions.

7. 7. Currency Exchange during Payment Transactions by Card

   43. You can make a payment with the Card (settle up) in any currency, however, the Account linked with the Card shall be debited in euros in all cases. The currency of the payment transaction shall be converted into euros at the currency exchange rate set by the relevant association the symbol of which is on the Card (e. g. Visa Europe if a Visa Card has been issued to You, or any other association) valid on the date of processing of the transaction. A currency exchange fee may apply if the Standard Rates provide for such a fee.
   44. If reservation of funds is applied to the payment made by the Card, the currency exchange rate applied at reservation may differ from that applied during the debiting of the Account.
   45. We shall not assume liability for any losses incurred by You in relation to currency conversion or currency exchange rate fluctuations.

8. 8. Fees

   46. Fees for the issue, updating, servicing and executing payment transactions with the Card and/or related actions shall be paid at the rates specified in the Standard Rates, and such fees shall be automatically debited from the Account related to the Card. You must ensure that the Account always has a sufficient balance for the payment of such fees.
   47. The Account shall be debited with such fees at the time of payment depending on the transaction, either together or separately from the transaction, either at the same time or later.
   48. Where a fee for the use of the Card is applied, the Account linked with the Card shall be debited on a monthly basis, on a date selected by us, for the past month.
   49. The fees specified in the Standard Rates shall be paid in the currency specified therein.
   50. If the Account linked with the Card does not have enough funds for the debiting of the fees, they may be debited from any other Account held by You.
   51. Please note that You may be liable to pay other fees set by goods sellers/service providers, internet providers, owners of relevant equipment etc. and We shall not assume any liability for such fees.

9. 9. Security

   52. You shall be obliged to safeguard the Card and all the related personalised security features (such as the PIN Code, log-in details) and shall take necessary action to protect them from disclosure to third parties so that the Card and its details cannot be used unlawfully.
   53. Having learned about the Card's theft, misappropriation or loss otherwise, an unauthorised payment with the Card or an attempt to make such payment, any other unlawful activity related to the Card, or if, in Your opinion, the personalised security details related to the Card became known or could have become known to third parties, You must notify Us without delay using the contact details published on Our website or in the online banking system either directly or through the mobile application (where possible).
   54. The Card shall only be used by the person whose first name and surname (together with the details of a legal person if the Account Holder is a legal person) are specified on the Card and who has signed the Card. The Card shall be used in a responsible manner and all measures of precaution shall be taken, e. g.
       1. do not permit other persons to use the Card;
       2. do not leave the Card unattended at public places, goods/service outlets, ATMs or other facilities;
       3. do not bend or break the Card, protect it against water, high temperatures, electromagnetic fields and other damage.
   55. Liability for all payment operations authorised by means of the PIN Code, identification tool or 3D Secure shall rest exclusively with You and We shall not assume any liability for such transactions. Therefore, You must use such means in a responsible manner and with necessary precautionary measures taken, e. g.:
       1. do not disclose the PIN Code and details of the identification tool or 3D Secure to anyone. They must be known to you only;
       2. do not write the PIN Code and details of the identification tool or 3D Secure on the Card or any other object;
       3. when entering the PIN Code or details of the identification tool or 3D Secure, make sure than no one sees them, and the facility where You enter them is not damaged and contains no malware.
   56. If You do not use the Card, the PIN Code, the identification tool or 3D Secure in a responsible manner or fail to take the precautionary measures listed above, or other precautions, as a result of which an unauthorised payment transaction is performed with the Card, Your conduct shall be deemed to be gross negligence and You shall assume full liability therefor, and We shall not compensate You for any losses arising therefrom.
   57. If You provide Your Card details and register them in online wallets (such as PayPal), online outlets (such as Amazon or AliExpress), online accounts (such as Google or social networks), conclude agreements on periodic debiting of the Card for goods or services (such as Netflix or Spotify), or provide the details by any other method or register the Card in any online account, liability for any payment transactions performed on logging-in to your account or for a theft of the Card details therefrom shall rest exclusively with You and We shall not assume any liability for such actions. Therefore, register the Card in any online account in a responsible manner and with necessary precautionary measures taken, e. g.:
       1. do not disclose the online account log-in details to anyone. They must be known to you only
       2. do not write the log-in details on the Card or any other object;
       3. when entering the online account log-in details, make sure than no one sees them, and the facility where You enter them is not damaged and contains no malware
   58. If You fail to present the Card details and register them in Your online accounts in a responsible manner or fail to take the precautionary measures listed above, or other precautions, as a result of which Your log-in details have become known to third parties and/or an unauthorised payment transaction is performed with the Card, Your conduct shall be deemed to be gross negligence and You shall assume full liability therefor, and We shall not compensate You for any losses arising therefrom.
   59. If You use the Contactless Payment Functionality (where possible), You shall take necessary precautionary measures so that the Card cannot be used in public places or remotely (in such cases, block the said functionality, use special cases etc.).

10. 10. Validity of the Card

    60. The Card shall be valid for the specified term only. The term of validity is indicated on the Card. The Card shall be valid until the last day of the month specified on the Card. You must destroy the Card safely on expiry of the term of validity of the Card.
    61. We may send You the updated Card by post by the end of its validity term. Information on this is shown in the Online Banking System either directly and/or through the mobile application (where possible). If You see in the Online Banking System either directly and/or through the mobile application (where possible) or by another method provided by Us that the updated Card has not been sent to You, You can order the updated Card yourself when 28 days or fewer days remain until the end of the term of validity of the Card. The Card ordering procedure shall be the same for both news and updated Cards. Please note that the new Card ordered will not necessarily bear the symbol of the same international association (Visa etc.) as Your previous Card.
    62. In the event of loss of the Card, You may order a new Card. You must block the lost Card and report this according to a procedure prescribed by the General T&C.
    63. You shall have the right to cancel the Card service at any time by informing Us or specifying this in the online banking system either directly and/or through the mobile application (where possible), or by another method provided by Us.

11. 11. Termination

    64. The Agreement shall expire or may be terminated on the grounds specified in the General T&C and/or the Account Agreement.
    65. We shall have the right to terminate the Agreement, and the validity of the Card at the same time, with immediate effect and without notifying You, in the following cases:
        1. You have not activated the Card for more than 2 (two) months;
        2. no payment transactions were performed with the Card for more than 1 (one) year;
        3. the Card has been blocked for more than 2 (two) months;
        4. there is a debt in the Account linked with the Card and it has not been paid for more than 2 (two) months.