Form of Standard Contract of Current Bank Account of an Individual
Approved by:
The Board of Directors of Tsesnabank JSC Decision No. 30/11/15-02 dated “30”november 2015 The Management Board of Tsesnabank JSC Protocol No.134-15 dated “30” november 2015
CONTRACT
of current bank account of an individual
This Contract of Current Bank Account of an Individual (further – the Contract) determines the conditions and the procedure for performance by Tsesnabank JSC (further – the Bank) of transactions on opening, management and closure of a current bank account (further – the Current account), as well as a current bank account for transfer of allowances and social payments paid from the state budget and the State Social Insurance Fund (further – the Special account) (except for a current bank account which reflects transactions based on a payment card using) for an individual (further – the Client) in accordance with the legislation of the Republic of Kazakhstan and internal documents of the Bank, as well as establishes rights, obligations, responsibility of the Parties, as well as other details of legal relationship between the Bank and the Client (as determined below).
This Contract is an accession agreement concluded in accordance with provisions of Article 389 of the Civil Code of the Republic of Kazakhstan which conditions may be accepted by the Client solely by accession to the present Contract as a whole based on an Application for accession to the present Contract which is also acknowledged as an Application for current bank account opening (further – the Application for accession). The information on the Bank and the Client are provided in the Application for accession. At that, the Application for accession and the Contract constitute a single document.
Signing of the Application for accession by the Client (his/her Representative) testifies that:
- the Client has read, understood and accepted the Contract conditions in full volume, without any remarks and objections;
- the Contract does not contain any conditions cumbrous for the Client which, on the assumption of his/her reasonably conceived interests, he/she would not accept;
- the Client does not have the right to refer to absence of his/her signature on the Contract as a proof that the Contract had not been read/understood/accepted by him/her if the Bank has the Application for accession signed by the Client;
- the Client agrees with all conditions on the Current account/Special Account opening, management and closure;
- all provisions of the Contract meet the interests and declaration of will of the Client to the full extent;
- the Client has observed all procedures required for conclusion of the Contract and the Current account/Special account opening;
- conclusion of the Contract and fulfillment of its conditions, including opening of any Current account/Special account under the Contract, will not violate and lead to violation of any provision of the legislation of the Republic of Kazakhstan and/or a legislation applicable to the Client.
All Annexes to the Contract (if any), applications accepted by the Bank from the Client within the services rendered by the Bank for the current account opening, management and closure (by putting a corresponding mark of the Bank) are the integral part of the Contract unless otherwise stipulated in the text of the Application itself.
1. The Subject of the Contract.
1.1. The Bank accepts the Client for bank servicing, including electronic bank services, which is provided on a paid basis, according to the Bank’s current rates (further – the Rates).
1.2. The Bank opens a Current account/Special account (further – the Account) for the Client on the basis of the Application for accession signed by the Client and accepted by the Bank(by putting a corresponding mark of the Bank), upon submission to the Bank by the Client of documents required for the Account opening in compliance with the legislation of the Republic of Kazakhstan and internal documents of the Bank.
1.3. The Client has the right to open one or several Accounts upon accession to the Contract by submitting the Application for accession signed by the Client which will be the integral part of the present Contract. At that the Contract conditions are applied to every Account opened by the Client.
1.4. The Account number, the Account currency are indicated in the corresponding mark in the Application for accession. The Special account is opened by the Bank for the Client only in tenge.
1.5. The Bank provides electronic bank services on cash transfer to the Current account by means of point-of-sale terminals. The procedure and separate conditions of provision of electronic bank services are presented in the Rules for provision of electronic bank services for individuals in Tsesnabank JSC located on the Internet resource of the Bank (www.tsb.kz), as well as in the premises (operational units) of the Bank accessible for the Client, and by signing the present Contract the Client confirms his/her familiarization and agreement with them. Contact telephones and addresses for inquires to the Bank regarding provision of electronic bank services are located in the premises (operational units) of the Bank accessible for the Client.
1.6. Provision by the Bank of electronic bank services is realized in accordance with the procedures of security established in the Rules for provision of electronic bank services for individuals in Tsesnabank JSC.
2. The Work Mode of the Account.
2.1 The bank servicing of the Client under the Account is realized during an operational day which length is determined by the Bank independently. The Bank has the right to change independently, without agreement with the Client, the length of the operational day. The information on corresponding changes is communicated to the Client within 5 (five) working days before such changes are introduced into effect by placement of notices at the premises (operation units) of the Bank accessible for the Client, as well on the Internet resource of the Bank.
2.2 The opening, management of the Account, as well as the disbursal/receipt of money from
the Account are realized by the Bank and the Client in accordance with the legislation of the Republic of Kazakhstan, the internal documents of the Bank and the present Contract.
2.3 In case of false crediting of money to the Account, the Bank directly debits the amount falsely credited to the Account according to the procedure established by the present Contract.
2.4 The Bank realizes payments and money transfers within the balance of the money on the
Account. In case if the Client has not paid the commission fee of the Bank in accordance with Item 4.10. of the Contract and there is not enough money on the Account for realization of payment and/or money transfer taking into account the amount of the Bank’s commission subject to payment in connection with realization of payment and/or money transfer, the Bank has the right to reject the acceptance of the Client’s payment document. The Bank does not perform partial fulfillment of payment documents of the Client.
2.5 The Account money management is realized by submission of a written instruction either
on a paper document by the Client. The instructions must be executed according to the form established by the legislation of the Republic of Kazakhstan or, in the absence of such, according to the form applied by the Bank.
2.6 The Bank has the right, at any time, without any additional agreement in any form from the Client or notification of the Client to debit/directly withdraw from the Account any amounts due to it, including amount of debt under a bank loan contract, amount of a commission fee of the Bank, on the basis of any contract with the Bank (including bank loan contracts) which provide for such a right, as well as in cases when it is required for realization by the Bank of adjusting
entries for the Account (money falsely credited to the Account, etc.). At that, all amounts withdrawn by the Bank from the Account as a set-off of debt to the Bank are directed for redemption of such debt in the priority provided for by the legislation of the Republic of Kazakhstan or a corresponding contract.
2.7 In case of non-receipt by the Bank of any claims from the Client in respect of transactions performed on the Account within 30 (thirty) calendar days from the moment of their performance, the transaction is considered confirmed.
On the Current account:
2.8 The withdrawal (debiting) of money from the Current account is realized in accordance with payment documents submitted to the Current account by the Client, the Bank, as well as by third parties executed according to the form and in accordance with requirements of the legislation of the Republic of Kazakhstan and internal documents of the Bank.
2.9 In case of performance of foreign exchange transactions of the Client the Bank acts in accordance with requirements and conditions of the foreign exchange legislation of the Republic of Kazakhstan. During realization of foreign exchange transactions the Client is obliged to submit to the Bank, as required in accordance with the foreign exchange legislation of the Republic of Kazakhstan, documents regarding foreign exchange transactions of the Client realized through the Bank.
On the Special account:
2.10 Hereby the Client gives his/her consent to:
- provision by the Bank to “State Center for Pension Payment” Republican State Budget-Supported Enterprise (further – SCPP) and “State Social Insurance Fund” JSC (further – the Insurance Fund) of information about the number of the Special account, cash flow on the Special account, closure of the Special account and other data.
- debiting from the Special account without additional consent (acceptance) of the Client of money unduly transferred by SCPP and the Insurance Fund, in case of submission by SCPP and (or) the Insurance Fund of relevant requirements on repayment of the money.
3. Guaranteeing of obligations on repayment of money balance on the Account. 3.1. The Bank is a participant of “Kazakhstan Fund of Deposits Guaranteeing” JSC (further – the Fund) as confirmed by Certificate No. 016 dated 10 December 2002.
3.2. The Bank’s obligations on repayment of money balance on the Account, in case of
compulsory liquidation of the Bank are the subject of obligatory collective guaranteeing of deposits in accordance with regulatory legal acts of the Republic of Kazakhstan.
3.3. Indemnity under the Account, obligations on which repayment are guaranteed by the Fund, is paid as balance on the Account in the amount and according to the procedure established by the regulatory legal acts of the Republic of Kazakhstan.
3.4. In case of changes in the conditions of guaranteeing due to amendments to the legislation of the Republic of Kazakhstan and changes introduced by the Fund , the Bank has the right to apply accepted conditions of guaranteeing to the Contract.
4. The rights and obligations of the Parties. The Client has the right:
4.1. To independently manage money located on the Account according to the procedure established by the present Contract except for cases envisaged by the legislation of the Republic of Kazakhstan.
4.2. To bequeath money and trust management of the Account and/or money on it to third parties, in accordance with the legislation of the Republic of Kazakhstan, taking into account conditions established by the Contract.
4.3. To use all forms of non-cash settlements established by the banking legislation of the Republic of Kazakhstan, as well as perform transactions with cash according to the procedure and under conditions established by the legislation of the Republic of Kazakhstan, internal documents of the Bank and the present Contract.
4.4. To give instructions to the Bank with regard to performance of transactions on the Account within money balance on the Account, within one operational day.
4.6. To get familiarized with the Rules for provision of electronic bank services for individuals in Tsesnabank JSC.
4.7. To submit to the Bank the Application for closure of the Account at any time unless otherwise provided for by the legislation of the Republic of Kazakhstan or the present Contract.
The Client is obliged:
4.8. Not to perform on the Account transactions connected with realization of entrepreneurial activity.
4.9. To provide properly executed documents required by the Bank in accordance with the legislation of the Republic of Kazakhstan, internal documents of the Bank and the present Contract, for the Account opening, as well as when necessary for performance of transactions on the Account.
4.10. To pay for the Bank’s services according to the Rates operating at the moment of
transaction performance on the Account, at the same time when the relevant transaction is performed on the Account by depositing cash to the cash-desk of the Bank and/or transferring money to the Bank’s accounts;
4.11. To execute in written form instructions on performance by the Bank of transactions on the
Account, in accordance with requirements imposed by the legislation of the Republic of Kazakhstan and the Bank, and provide them within the operational day established by the Bank.
4.12. To provide to the Bank a cash application for determination of the Client’s needs in money
one operational day prior to supposed date of cash receipt from the Account, in case of exceeding the amount of money withdrawal from the Account by more than 1,000,000 (One million) tenge or its equivalent in a foreign currency.
4.13. To notify the Bank within 3 (three) working days from the date of receipt of the Account
Statement containing information about false payment/transfer, fact of falseness of money crediting to the Account, with their immediate repayment to the Bank.
4.14. To return money falsely credited to the Account, in case of their non-repayment to the Bank according to Item 4.13. of the present Contract, within 2 (two) working days from the date of receipt of a written requirement of the Bank.
4.15. To notify in written form the Bank in case of changes in the place of residence, renewal of
identification document of the Client, as well as in case of other changes essential for performance of the conditions of the present Contract, within 7 (seven) working days, with provision of originals of documents confirming these changes.
4.16. To give instructions to the Banks on performance of transactions on the Account not
contradicting the legislation of the Republic of Kazakhstan, with submission of properly executed documents in accordance with the legislation of the Republic of Kazakhstan and the present Contract.
4.17. To notify the Bank in written form or by other means of communications agreed by the Parties, in case of provision of third parties with the right of the Account management, in case of replacement or preterm termination of the authorities of persons authorized to manage the Account on the basis of a power of attorney and provide originals of documents confirming such changes, within 1 (one) working day. In case of non-fulfillment/improper fulfillment by the Client of the procedure of notification, the Bank is released from responsibility for loss which may be caused to the Client.
4.18. To perform the procedures of security indicated in the Rules for provision of electronic bank services for individuals in Tsesnabank JSC, for receiving electronic bank services and establishing authenticity of bank services provision in accordance with conditions of the present Contract, as well as pass the procedure of dynamic identification of the Client.
4.19. To learn independently about changes to the Rates, changes and additions to the
conditions of the Contract in the branches of the Bank and their additional units, as well as on the Internet resource of the Bank.
Under the Special Account:
4.20. To use the Special account solely for purposes of crediting allowances and social payments
5. The rights and obligations of the Bank. The Bank has the right:
5.1. To request any documents provided for by the legislation of the Republic of Kazakhstan and internal documents of the Bank for opening of the Account, as well as necessary additional documents during performance of transactions on the Account and provision of other banking services.
5.2. To introduce unilaterally changes to the Rates for rendering banking services without preliminary agreement with the Client, about which the Client is informed according to the procedure envisaged by Item 2.1 of the present Contract.
5.3. To change the list, procedure and separate conditions of electronic bank services provision, as well as include additional and (or) exclude operating types of provided bank services about which the Client is informed according to the procedure provided for by Item 2.1. of the present Contract.
5.4. To use the money balance on the Account in accordance with the bank practices prior to the moment of money demanding by the Client.
5.5. To realize withdrawal (debiting) of money from the Account according to the instruction of a third party in accordance with the requirements of the legislation of the Republic of Kazakhstan.
5.6. To realize withdrawal (debiting) of money from any bank accounts of the Client opened at the Bank, without prior notification and without his/her consent, on the basis of the present Contract in cases established by Items 2.6., 2.10 of the Contract, as well as in case of:
withholding of the amount of commission fee for provided banking services according to current Rates;
establishment of the fact of the falsification of payment documents, in the presence of confirming documents;
establishment of the fact of falseness of money crediting to the Account.
5.7. To reject acceptance of payment documents of the Client in case of non-provision by the Client of documents and data required by the Bank for fulfillment of functions assigned to it; in case of submission of payment documents completed and submitted in the form not corresponding to the requirements established by the legislation of the Republic of Kazakhstan and the internal documents of the Bank; in case of non-provision by the Client of the amount of money necessary for performance of payment/transfer; if the payment document contains signs of falsification, in case of non-observance of other requirements established by the legislation of the Republic of Kazakhstan and/or conditions of the present Contract.
5.8. To reject performance of a transaction, suspend debit transactions on the Account, in cases and according to the procedure provided for by the legislation of the Republic of Kazakhstan in the area of combating legalization (laundering) of criminal income and financing of terrorism.
5.9. To terminate business relationship with the Client in case of impossibility of checking reliability of data provided by the Client or non-provision by the Client of data and information necessary for update of data on the Client (his/her Representative), as well as in case of occurrence in the process of servicing of the Client of suspicions that business relationship are used by the Client for the purposes of legalization (laundering) of criminal income or terrorism financing envisaged by the legislation of the Republic of Kazakhstan in the area of combating legalization (laundering) of criminal income and financing of terrorism (further – CLCI/FT Law).
5.10. To suspend debit transactions on the Accounts of the Client on the basis of information stating that the authorized public agency realizing financial monitoring and taking other measures on combating legalization (laundering) of criminal income and financing of terrorism, included the Client and/or beneficiary owner of the Client into the List of organizations and persons connected with financing of terrorism and extremism in accordance with CLCI/FT Law.
5.11. To suspend or terminate provision of electronic bank services for the Client in cases of:
– violation by the Client of the procedure and conditions of provision of electronic bank services provided for by the Contract and the Rules for provision of electronic bank services for individuals in Tsesnabank JSC;
– under other grounds provided for in the Rules for provision of electronic bank services for individuals in Tsesnabank JSC.
About suspension or termination of electronic bank services the Bank notifies the Client directly upon the Client’s application for receipt for electronic bank services.
5.12. To close unilaterally the Client’s Account in cases and according to the procedure provided
for by the legislation of the Republic of Kazakhstan.
5.13. To suspend transactions on the Account in cases of:
receipt by the Bank of the decision of the authorized public agency about suspension of debit transactions on the Account;
receipt by the Bank of the instruction of the Client about the transfer/disbursement of money provided to the Client on the basis of the Contract about loan provision, not according to the designated purpose.
5.14. To reject the closure of the Account in case of availability with the Client of non-performed requirements and (or) orders of public agencies to the Account possessing the right of suspension of debit transactions on the bank account, decisions (resolutions) of authorized public agencies or officials possessing the right of application of arrest to the money of the Client, and other non-performed requirements to the Account, in accordance with the legislation of the Republic of Kazakhstan.
5.15. To reject opening of additional Accounts for the Client in case of availability with him/her
of a bank account opened at the Bank in which respect the public revenue agencies of collection orders and/or orders about suspension of debit transactions.
The Bank is obliged:
5.16. To notify the Client of the current Rates in accordance with Item 2.1. of the Contract.
5.17. To open the Account(s) for the Client, with assignment of individual identification code(s),
on the basis of the Application for accession signed by the Client, in case of provision by the Client to the Bank of all documents requested by the Bank.
5.18. After opening of the Account to provide the Client with the certificate about the opened
Account(s), with indication of the individual identification code(s).
5.19. To perform transactions on the Account in accordance with the legislation of the Republic
of Kazakhstan and the present Contract;.
5.20. To close the account of the Client, according to the application of the Client but no later than thirty working days after obtaining the Client’s application unless otherwise provided by the legislation of the Republic of Kazakhstan or the present Contract.
5.21. To provide the information on performed transactions on the Account by provision of the
Account Statement with attachment of copies of payment documents on a paper carrier upon the Client’s demand, no later than the operational day following the day of transaction performance.
5.22. To resume transactions on the Account of the Client on the basis of corresponding written
notifications of authorized public agencies or officials of agencies of the Republic of Kazakhstan which have taken decision on suspension of transactions on the Account/application of arrest to the money on the Account, decision on cancelation of such decisions.
5.23. To accept and store payment orders for payment of taxes and other obligatory payments to
the budget, including obligatory pension contributions, as well as to store the payment warrant issued by the Bank to the Account in a card file, in case of absence or insufficiency of the amount of money with the Client necessary for performance of mentioned payment documents, before receipt of the amount of money to the Account of the Client sufficient for their performance, within terms established by the legislation of the Republic of Kazakhstan.
5.24. To realize within one operational day the acceptance of payment requests-orders and
collection orders submitted by third parties. No later than the operational day following the day of their receipt to submit indicated documents for realization of payment and/or acceptance. As well as provide the initiator (beneficiary) with notification about rejection of acceptance or payment, return of payment request-order or collection order to its sender.
5.25. To resume provision of electronic bank services to the Client, upon elimination of the reasons indicated in Item 5.11. of the Contract which entailed suspension of the right of the Client for receipt of electronic bank services, as well as, in case of the Client’s appeal, thereafter to notify him/her within 5 (five) working days on such resumption in written form or by electronic means.
5.26. To guarantee bank secrecy under the Client’s account, not to provide information about
availability of the Account, its owner, number and condition, as well as transaction performed on it, about money balance and cash flow on it without the Client’s consent, except for cases provided for by the legislation of the Republic of Kazakhstan and the present Contract.
Under the Special Account:
5.27. To reject acceptance of a payment document providing for transfer of money to the Special
account in case if transferred amount of money is not connected with allowances and social payments.
6. Responsibility of the Parties. Responsibility of the Bank:
6.1. For commitment of violations connected with the banking servicing of the Client, the Bank is responsible in accordance with the legislation of the Republic of Kazakhstan.
6.2. For non-fulfillment of the Clients instructions regarding the Account during performance of a payment document of the Client, non-payment of a payment request-order accepted by the Client, as well as a payment request-order which does not require his/her acceptance, in case of insufficiency of amount of money at the Bank for performance of payment under a payment request-order, the Bank pays to the Client a penalty in the amount of 0.01% from transaction amount per each day of delay.
Responsibility of the Client:
6.3. The Client is responsible for legitimacy of transactions performed by it on the Account in accordance with the legislation of the Republic of Kazakhstan, for reliability of documents submitted to the Bank and serving as the ground for opening of the Account and transactions management on it, as well as for appropriate use of the Account (including for observance of the requirement about performance of transactions on the Account which are not connected with entrepreneurial activity).
6.4. The Client is responsible for non-notifying the Bank of money falsely credited to the Account within 3 (three) working days from the date of detection of money falsely credited to the Account - in the form of penalty amounting to 0.5% (half-percent) from the amount of falsely credited money to the Account per each day of delay in notifying the Bank.
6.5. The Client is responsible for non-repayment and/or untimely repayment within 3 (three) working days from the date of receipt of the Bank’s requirement in respect of repayment of money falsely credited to the Account – in the form of penalty amounting to 0.5% (half-percent) from non-repaid/untimely repaid amount of money falsely credited to the Account per each day of delay in repayment/non-repayment.
Exclusion of liability:
6.6. The Parties are not liable for cases of non-performance or improper performance of obligations under the present Contract, if such cases resulted from occurrence of force-majeure circumstances, including but not limited to: adoption by authorized public agencies, the National Bank of the Republic of Kazakhstan of acts/measures of restrictive-prohibitive nature, software failures, power outages, damage of communication lines and other circumstances which are beyond the control of the Parties and have direct relation to the Subject of the present Contract.
6.7. The Bank is not responsible for fulfillment of a payment document of the Client with incorrectly indicated requisites.
6.8. The Bank is not responsible to the Client for non-fulfillment or improper fulfillment of obligations under the present Contract which has occurred as a result of unclear, incomplete or inaccurate instructions of the Client, or third parties, or by other reasons being beyond the control of the Bank.
6.9. The Bank is not responsible for the loss caused to the Client due to non-performance and/or improper performance by the Client of obligations provided for by the present Contract.
6.10. The Bank is not responsible for actions of persons authorized by the Client to manage the
Account, in case of non-notification/untimely notification of the Bank about replacement of such persons or preterm termination of their authorities by the Client in accordance with Item 4.17. of the present Contract.
6.11. In any cases, responsibility of the Bank, in case of violation of the conditions of the present Contract, is limited to the amount of real loss caused to the Client as a result of illegitimate actions/inactivity, and the amount of real loss should be confirmed by corresponding documents.
6.12. Responsibility for correctness of charging, as well as indication in the payment document
of grounds for money withdrawal (debiting) without the Client’s consent is borne by the claimant. The Bank does not consider substantively objections of the Client against money withdrawal (debiting) from the Accounts without his/her consent
6.13. The Bank is not responsible for losses caused as a result of suspension, rejection of performance of transactions on the Account and/or application of arrest to the money located on the Account applied in accordance with the legislation of the Republic of Kazakhstan, on the basis of decisions/resolutions of authorized agencies; as well as for losses caused to the Client as a result of direct debiting of money from the Account of the Client by third parties on the basis of collection orders and/or requirements-orders not requiring acceptance of the Client.
Responsibility of third parties:
6.14. Responsibility for groundless, acceptance-free money withdrawal (debiting) from the
Accounts of the Client according to instructions of third parties is borne by senders of such instructions, the Bank does not consider substantively objections of the Client against debiting of money from the Account without his/her consent.
6.15. Responsibility for groundless suspension of transactions on the Account and/or application
of arrest to the money located on the Account of the Client is borne by the authorized agency which has taken decision on suspension of transactions on the Account of the Client and/or application of arrest to the money located on the Account of the Client.
7. The conditions of the Contract effect.
7.1. The present Contract is concluded for an indefinite period and enters into effect from the date of signing by the Client and acceptance by the Bank (by putting of a corresponding mark of the Bank) of the Application for accession being the integral part of the Contract and confirming the fact of the Contract conclusion. The period of the Contract is not limited and is determined by interest of the Parties.
7.2. The effect of the Contract may be terminated: Upon the written agreement of the Parties;
In case of closure of the Account by the Bank on the grounds and according to the procedure provided for by the present Contract and/or the legislation of the Republic of Kazakhstan;
According to the application of the Client for termination of the Contract submitted in accordance with the present Contract, and on condition of absence of circumstances preventing from termination of the present Contract.
7.3. The closure of the Account is realized according to the application of the Client at any time, but no later than 30 (thirty) working days from the moment of receipt of the Client’s application, except for cases provided for by the legislation of the Republic of Kazakhstan or the present Contract.
7.4. In case of termination of the Contract the individual identification code assigned according to the present Contract is cancelled.
7.5. The Bank has the right, on the unilateral basis, without preliminary agreement with the Client, to introduce changes and/or additions to the Contract. About changes and/or additions introduced to the Contract the Bank informs the Client by placement of information on the Internet resource of the Bank, as well as by placement of information in the operational halls of the branches of the Bank and their additional units on the place available for view, no later than 10 (ten) calendar days prior to entering of such changes and/or additions into effect.
7.6. Non-provision by the Client to the Bank of the application about non-acceptance of the conditions of the Contract taking into account introduced changes and/or additions within 5 (five) working days from the moment of the Client’s notification about introduction of changes and/or additions to the Contract means agreement of the Client with the new (updated) edition of the Contract and accession to it in whole taking into account introduced changes and/or additions.
7.7. After introduction of changes and/or additions to the Contract, it continues to be in effect in the updated form.
7.8. In case of changes to the legislation of the Republic of Kazakhstan requiring introduction of changes and/or additions to the Contract in accordance with the procedure established by Items 7.5.-7.7. of the present Contract, the Parties to the Contract are governed by relevant provisions of the legislation of the Republic of Kazakhstan.
7.9. The closure of the Account in case of availability with the Client of non-performed requirements to the Account and/or orders, according to the legislation of the Republic of Kazakhstan, is forbidden.
8. Procedure for settlement of disputes.
8.1. Regarding issues not regulated by the present Contract, the Parties are governed by the legislation of the Republic of Kazakhstan.
8.2. All disputes and controversies occurring in the process of performance of the present Contract or connected with it are considered by the Parties jointly within the period of no more than 10 (ten) working days.
The disputes connected with the present Contract, not regulated by means of negotiations, are subject to consideration in the permanent Arbitration court “Large jury of Kazakhstan”, by one or several judges, in accordance with its regulation, being the integral part of this arbitration agreement, in the edition acting at the moment of submission of statement of claim prior to commencement of arbitration proceedings, except for disputes not being within the jurisdiction of arbitration courts in accordance with the legislation of the Republic of Kazakhstan and are subject, in this connection, to consideration in a competent court. The decision of the Arbitration court “Large jury of Kazakhstan” is final. The regulation of the Arbitration court “Large jury of Kazakhstan” is placed on the website www.kazcourt.kz.
8.3. Mutual claims regarding settlements between the payer and the payee are considered directly by them, without participation of the Bank.
9. Confidentiality
9.1. Any information provided by the Parties to each other in connection with the Contract, as well as the mere fact of the Contract conclusion, are the confidential information and may not be disclosed to third parties without receipt of preliminary written consent of the other Party, unless otherwise stipulated by the requirements of the legislation of the Republic of Kazakhstan or conditions of the Contract.
9.2. The Bank will take all efforts for provision of confidentiality of information regarding the Client and the services provided by the Bank in accordance with the Contract.
9.3. The Bank is not responsible in cases of violation of confidentiality due to the fault of the Client or cases when the confidential information was known or became known to third parties from other sources.
9.4. Submitting the Application for accession during personal attendance in the Bank’s office
the Client agrees that for the purposes of the Accounts opening, management and closure, performance of transactions provided for by the Contract, the Bank has the right to require disclosure of any information, in accordance with provision of the legislation of the Republic of Kazakhstan, internal documents of the Bank establishing the necessity of observation of information disclosure level specified in them, and the Client is obliged to provide to the Bank, at its first demand, any information within the terms established by the Bank and with provision by the Bank of conditions of confidentiality as provided by the Contract.
9.5. Submitting the Application for accession, at the moment of attendance in person in the Bank’s office, the Client unconditionally and irrevocably authorized the Bank for provision, on conditions of confidentiality, on the basis of the Contract without any additional consent of the Client, to the following third parties:
а) legal entities being large participants of the Bank, other affiliated legal entities of the Bank; authorized public agencies, courts, law-enforcement agencies (including, agencies of inquest and/or preliminary investigation, national security agencies) and other entities on the grounds and according to the procedure established by the legislation of the Republic of Kazakhstan, or in case of violation by the Client of obligations to the Bank, or in case of violation by the Client of standards of the legislation of the Republic of Kazakhstan; any third parties to which the Bank assigns its rights of requirements under the Contract, - of all and any
information having relation to the Client and/or the Contract and/or other contracts concluded between the Bank and the Client, including information which ceased to be effective, constituting the bank secrecy as determined by the legislation of the Republic of Kazakhstan, as well as commercial and/or other secrecy protected by the law;
б) any third parties which are employed or will be employed in future by the Bank, shareholders of the Bank and/or affiliated entities of the Bank for realization of analytical surveys, provision of other services, including, but not limited to, services on debt repayment, consultation, legal, audit and other services, to third parties participating in realization of payment and/or money transfer (including to banks-correspondents, payment card systems, etc.), for provision of such third parties with opportunity to perform their obligations to the Bank, shareholders of the Bank and/or affiliated entities of the Bank, as well as for fulfillment of own functions within the legislation of the Republic of Kazakhstan, - of any information having relation to the Client and/or the Contract and/or other contracts concluded between the Bank and the Client, including information which ceased to be effective, constituting the bank secrecy as determined by the legislation of the Republic of Kazakhstan, as well as commercial and/or other secrecy protected by the law necessary and sufficient for proper provision of services to the Bank, shareholders of the Bank and/or affiliated entities of the Bank, as well as for realization of own functions within the legislation of the Republic of Kazakhstan;
в) authorized public agencies of the Republic of Kazakhstan, foreign tax authorities, including tax authorities of the USA (IRS) and foreign tax agents, - of any information having relation to the Client and/or the Contract and/or other contracts concluded between the Bank and the Client, including information which ceased to be effective, constituting the bank secrecy as determined by the legislation of the Republic of Kazakhstan, as well as commercial and/or other secrecy protected by the law, for the purposes of performance of requirements determined by the Foreign Account Tax Compliance Act (FATCA) of the United States of America.
9.6. The present authorities are valid provided that the Bank, shareholders of the Bank, affiliated entities of the Bank have reached all necessary agreements with such third parties regarding observation of confidentiality in that reasonable degree which is permitted and is reachable in each certain case.
9.7. Hereby the Client provides the Bank with his/her unconditional consent for collection by the Bank from any sources and processing, dissemination by the Bank of any information about the Client, including information constituting bank secrecy and other secrecy protected by the law, personal data of the Client (further – the Information), for the purposes of conclusion and within performance of the present Contract and/or other deals with the Bank, including for proper performance by the Client of his/her obligations under them, as well as in connection with occurrence or possibility of occurrence, between the Bank, the Client and (or) any third parties, including entities with which the Client and (or) the Bank is (are) connected by circumstances or relationship, of any relationship, including, but not limited to, relationship connected with: provision of banking and other services, including performance, prior to their provision or during their provision, of any actions/deals (on evaluation and (or) insurance (if any), etc.); direction of notifications, requirements, as well provision of information, including about services of the Bank; submission of requests and receipt of any data and information; assignment of rights of demand; as well as in other cases where the need in collection, processing and dissemination of the Information occurs/is present. The collection, processing and dissemination of the Information are realized at the discretion of the Bank by any methods not violating the legislation of the Republic of Kazakhstan.
The Bank has the right:
1) to pass the Information to authorized public agencies and any other entities when the Bank is obliged or has the right to take such actions in accordance with requirements of the legislation, concluded contracts and in other cases; realize transboundery transfer of the Information, including according to Sub-Item 1) of Item 3 of Article 16 of the Law of RK “About personal data and their protection” (further – the Law);
2) to disseminate the Information, including according to Item 2 of Article 15 of the Law; 3) to determine independently the conditions of access to the Information;
4) to keep the Information on any carriers during periods of storage established by the legislation of RK and internal documents of the Bank, after termination of legal relationship with the Bank.
The Bank is not obliged to notify anybody of actions taken by the Bank on collection, processing and transfer of the Information to any third parties.
The Client is obliged within 3 (three) working days to notify in written form the Bank about new Information, any changes and/or additions to the Information passed by it to the Bank, with provision to the Bank of corresponding confirming documents for introduction of changes and (or) additions to the Information by the Bank.
10.Final provisions
Assignment of rights.
10.1. The Bank has the right to assign or transfer any rights or obligations under the Contract if
this does not contradict the legislation of the Republic of Kazakhstan. Such assignment or transfer does not require additional agreement of the Client.
10.2. The Client does not have the right to assign or transfer any of his/her rights or obligations
which have occurred in connection with the Contract without preliminary written agreement of the Bank.
10.3. The Contract is obligatory for the Parties, their successors and authorized representatives.
10.4. In case if the third party to which the Bank has assigned/transferred the rights and obligations under the Contract has corresponding internal procedures necessary for prevention of cases of involvement of the third party in criminal actions and schemes of money laundering, such as legalization of criminal income, terrorism, fraud, corruption, etc., or such procedures are established by the legislation of the country of residence of such third party, the Client undertakes, upon the first demand of such third party, within the terms established by such third party, to provide or to ensure provision of documentation and information necessary in order than such third party has the opportunity to realize and observe all requirements of necessary procedures which the third party has and/or which are established by the legislation of its country of residence.
The integrity of the Contract.
10.5. The Contract represents complete mutual understanding between the Parties in connection
with its subject and replaces all previous written or verbal agreements which the Parties had in respect of the conditions of the Contract.
The separability of the Contract.
10.6. If any provision of the Contract ceases to be effective or legitimate, this must not in any way affect or abate the effectiveness and legitimacy of other provisions of the Contract, in such cases the Parties will take all efforts for replacement of the ineffective provision by a new one legally meaningful.
The ineffectiveness of waiver of rights.
10.7. If one of the Parties does not use or untimely uses any of its rights under the Contract, this
must not be understood as waiver of rights, except for cases specially stipulated in the Contract, and must not affect the right of the Parties.
The applications and guarantees of the Client.
10.8. Submitting the Application for accession, at the moment of personal attendance at the premises of the Bank, the Client confirms that:
a) all information provided by the Client for the purposes of conclusion and performance of the Contract is/will be reliable, complete and accurate;
b) the conclusion of the Contract does not contradict and will not contradict any contracts to which the Client is a party, as well as any other requirements which the Client is obliged to observe or which are applicable to it, including the legislation of the Republic of Kazakhstan and the legislation of the country of residence of the Client.
10.9. The Client acknowledges and agrees with the fact that the Bank is actively engaged in
prevention of cases of involvement of the Bank in criminal actions and schemes of money laundering, such as legalization of criminal income, terrorism, fraud, corruption, etc. The work standards of the Bank are directed for preservation and protection of the Bank’s reputation, as well as that the belief of the Clients in the integrity of the Bank will not be in any way shattered. In this connection, the Bank, at its discretion, establishes certain requirements to the Clients of the Bank and the deals, transactions performed by the Clients of the Bank which may periodically change. Thus, the Bank may establish criteria by which this or another Client of the
Bank or this or another deal or transaction of the Client of the Bank may be related to the category of uncommon/suspicious Clients and/or deals/transactions.
10.10. Hereby the Client assures that in respect of personal data of personal data subjects transferred or subject to transfer in future by the Client to the Bank under the Contract (to Representatives), as well as in other cases when in accordance with the legislation of the Republic of Kazakhstan and (or) internal documents of the Bank the necessity in collection, processing of such personal data occurs, the Client has beforehand obtained from personal data subjects, which personal data it has provided, agreement for collection and processing of personal data, personal data transfer to a third party, including to the Bank, their collection and processing by the Bank, transboundary transfer of personal data, regardless of provision by corresponding foreign state of protection of transferred personal data if such transfer is not prohibited or restricted by the legislation of the Republic of Kazakhstan.
In case of necessity determined by the Bank, the Client provides to the Bank a documentary confirmation of availability of agreements collected by the Client from personal data subjects for collection and processing of personal data, personal data transfer to a third party, including to the Bank, their collection and processing by the Bank, transboundary transfer.
Responsibility for absence of abovementioned agreements is borne by the Client. In case of application to the Bank of any measures for violation of the legislation of the Republic of Kazakhstan about personal data the Client undertakes to repay to the Bank, upon the Bank’s demand, any expenses and losses incurred by the Bank.
Anticorruption clause.
10.11. During performance of their obligations under the present Contract, the Parties, their affiliated entities, employees or mediators:
a) do not pay, do not offer to pay and do not permit the payment of money or valuables, directly or indirectly, to any persons, for influencing the actions or decisions of these persons with the purpose of obtaining any illegal advantages or other illegitimate purposes;
b) do not perform any actions classified by the legislation of the Republic of Kazakhstan applicable for the purposes of the present Contract, as bribe provision/receipt, commercial bribery, corruption.
10.12. Either Party of the present Contract refuses to create an incentive in any way for employees/representatives of the other Party, including by provision of money, gifts, gratuitous performance of works (services) for them and by other means not indicated in this Item which make an employee/representative of the other Party dependent to a certain extent and are aimed at provision of performance by this employee/representative of some actions to the advantage of the Party creating an incentive for him/her.
The actions of an employee of the Bank performed to the advantage of the Client creating an incentive for him/her by the abovementioned means include:
a) provision of unjustified advantages to the Client in comparison to other clients of the Bank; b) provision of the Client by any guarantees not provided for by the legislation and the internal documents of the Bank;
c) acceleration of corresponding procedures;
d) other actions performed by the employee within his/her functions but contradicting the internal documents of the Bank and principles of transparency and openness of relationship between the Parties.
Titles.
10.13. The order of articles, article titles and other titles contained in the Contract are used for
convenience and do not contain any restrictions, characteristics or interpretations of any provisions of the Contract.
Language.
10.14. The Contract is made in the Russian and Kazakh languages. In case of discrepancies in the texts of the Contracts in the Kazakh and Russian languages, the Contract in the Russian language prevails.
Other conditions.
10.15. The present Contract, upon the Client’s demand, is handed over to it during opening of the Account and provision of other services provided for by the Contract, for convenience of their application, performance and observation. In case if the Client wishes to receive other
services provided by the Bank, apart from services envisaged in the Contract, this will require the conclusion of separate contracts for provision of corresponding services, as well as observation of other requirements provided for by normative legal acts of the Republic of Kazakhstan and/or internal policies, standards, procedures, other internal documents of the Bank.
The Bank’s requisites:
24 Syganak Str., Yesil district, Astana 010000, Republic of Kazakhstan
Certificate of state reregistration of a legal entity dated 26/12/2003 (with changes and additions introduced on 19 May 2014)
BIN 920140000084
IIC KZ48125KZT1001300336 in the National Bank of RK, BIC TSESKZKA.