This document outlines the specific conditions for debit cards issued by Keytrade Bank. It defines important terms related to the debit card like cardholder, account holder, and card. It describes the application process for obtaining a debit card and personal identification number. The document also specifies the possible uses of debit cards including limits, as well as the risks, costs, and obligations associated with debit card usage.
This document outlines the specific conditions for debit cards issued by Keytrade Bank. It defines important terms related to the debit card like cardholder, account holder, and card. It describes the application process for obtaining a debit card and personal identification number. The document also specifies the possible uses of debit cards including limits, as well as the risks, costs, and obligations associated with debit card usage.
This document outlines the specific conditions for debit cards issued by Keytrade Bank. It defines important terms related to the debit card like cardholder, account holder, and card. It describes the application process for obtaining a debit card and personal identification number. The document also specifies the possible uses of debit cards including limits, as well as the risks, costs, and obligations associated with debit card usage.
These specific conditions, registered in Brussels, 6
th office, vol. 292, fol. 98, box 05, on 20 January, 2010, come into force on April 1 st , 2010 and, as from that date, repeal and replace the previous general conditions for debit cards.
Article 1 - Definitions
1.1. The card: unique term given to the debit card issued by Keytrade Bank. The card is a Payment Instrument within the meaning of article 40.1 of the General Terms and Conditions.
1.2. The Bank: Keytrade Bank sa, Boulevard du Souverain 100, 1170 Brussels, info@keytradebank.com, registered with the Brussels company register under VAT BE number 0464.034.340, card issuer.
1.3. Atos Wordline: Atos Worldline sa, a company that manages the Bancontact/Mister Cash and Proton payment systems and the transactions executed on these networks.
1.4. MasterCard Europe: MasterCard Europe sprl, a company that manages the ATMs and payment terminals located abroad, that form the Maestro Network.
1.5. The account: the current account opened by the Bank to which the card is linked.
1.6. The accountholder: the Client-accountholder of the current account opened by the Bank to which the card is linked.
1.7. The cardholder: the natural person in whose name the card is issued.
1.8. The bearer: the natural person holding the card. He may be either the cardholder or the person to whom the cardholder has given the card for the sole purpose of using the Proton function.
The capitalized terms contained in these conditions have the same meaning as in the definition of such terms in the General Terms and Conditions of the Bank (hereafter the General Terms and Conditions), unless otherwise provided hereunder.
Article 2 - Information
The application for a debit card may be addressed in accordance with the provisions of article 4 hereafter. As from its acceptance by the Bank, such application, together with these specific conditions and together with the General Terms and Conditions, to the extent these specific conditions do not derogate from them, form the contract. In case of a contradiction or discordance between the General Terms and Conditions and the present conditions, the latter shall prevail.
The provisions of article 4.6 of the General Terms and Conditions regarding contracts concluded at a distance between the Bank and the Client also apply where the contract is concluded at a distance with the account/card- holder.
During the duration of this contract, the account/card- holder may ask at all times a copy of the contract on paper on any other permanent storage medium.
These Specific Conditions of debit cards are available in Dutch, French or English, at the account/card- holders choice. The account/card- holder may communicate with the Bank in any of those languages. Each contract is archived for a period of five years by the Bank and the account/card- holder may, if he so requests, obtain a copy or reproduction of the contract from the Bank.
Article 3 - Possible uses and restrictions.
The card may only be used as an electronic payment card and subject to the introduction of the personal and confidential code linked to the card. Subject to the cardholders ability to give the card to a third party to use the Proton function, the card may only be used by the cardholder in accordance with the conditions applicable at the time of its use and for Transactions which do not infringe the law. The use of the card implies acceptance of the contract.
The card shall be available for use until the last day of the month and year stated on the card (expiration date). For the cards equipped with the Proton function (electronic purse), it shall be possible to use the Proton function linked to the card for six months as from the cards expiration date, it being understood that the electronic purse may no longer be reloaded after the expiration date. Should a card equipped with the Proton function be replaced before its expiration date, the cardholder may continue to use the Proton balance remaining on the card for a period of six months. For as long as the card remains valid, the positive balance of the electronic purse may be refunded upon simple request to the Bank, which will credit the account. This refund may take up to five weeks.
The Payment Transactions executed at the ATMs and payment terminals of Bancontact/Mister Cash (in Belgium) or of Maestro (abroad) may in no way exceed the available balance on the account and are further limited to the standard spending limits set by the Bank, amongst which the accountholder and the cardholder are required to chose. In the event they did not notify their choice regarding the different standard spending limits, the maximum spending limits shall automatically be applied by the Bank. For the Payment Transactions executed abroad, the manager of the local network shall also be entitled to apply his own spending limits. The account/card- holder may obtain more information from the Bank in that regard. The Bank shall follow up on a written request from the account/card- holder made by means of a Notification to the effect of modifying the applicable spending limits of the card within the standard existing spending limits within two Business Days upon receipt of such Notification.
For additional information regarding the possible uses of the card and the spending limits, please see the document Payment Products and Services Offer.
Article 4 - Application for and issuance of the Card and code
The card may be applied for at the opening of the banking relationship by checking the box provided therefore in the document Banking Relationship Application or, later, by means of the document Application for debit card. The cardholder may be the accountholder himself or a person holding a proxy on the account. In the latter case, the Bank shall issue a card to the attention of such proxyholder subject to the agreement of both the proxyholder and the accountholder. The Bank remains in any event the owner of the card.
When the above-mentioned documents are filled, signed and Notified to the Bank, in accordance with the guidelines contained therein and when the account shows a minimum balance as provided by these documents, the card is addressed to the correspondence address of the cardholder mentioned in the documents, or to any other address Notified by the cardholder to the Bank.
For security reasons, the card shall be immediately signed upon reception by the cardholder with a ball pen.
The cardholder shall receive by separate mail a sealed envelope containing the personal and confidential code (PIN code) allowing the use of the card. This code represents the electronic signature of the card and has the same value as a handwritten signature under the applicable law. The personal and confidential code is strictly personal and may not be transferred and shall only be used along with the card to which it is linked. The code may be modified at any Bancontact/Mister Cash ATM. Should the cardholder forget his code, he may request a new code at cards@keytradebank.com and the Bank may charge costs to that end in accordance with the Tariffs.
The Bank bears the risks related to the sending of the card as well as of the personal and confidential codes allowing the use of the card. To activate his card, the cardholder must acknowledge proper receipt by using the functionalities provided therefore on the Banks Transaction Site. The card shall be activated within 24 hours following this acknowledgement of receipt.
Article 5 - Consent and revocation of a Payment Transaction
By introducing the cards code at the ATMs and payment terminals of Bancontact/Mister Cash (in Belgium) or Maestro (abroad), or by using any other mean or system allowing the use of the card or by signing a transaction notice related to a Payment Order, the account/card- holder irrevocably gives his consent to the Bank or, as the case may be, to the Payee of the Payment Transaction with respect to the Payment Transaction concerned. Regarding the revocation of a Payment Order, article 43.4 of the General Terms and Conditions shall apply.
Article 6 - Risks
The account/card- holder acknowledges that the use of the card may provoke specific risks linked in particular to (i) technical ATM or payment terminal problems, or any network problem which may prevent the use of the card or (ii) an abusive, fraudulent or unauthorized use of the card by third parties, for instance following the theft, the loss or the counterfeit (for instance skimming, which consists in fraudulently copying the card or pin data) of the card or the code.
Article 7 - Costs
For any information related to the costs linked to the card, to its use, or to the blocking thereof, the account/card- holder should refer to the document Tariffs which was given to him and which is furthermore available on the Banks Internet Site or at the Banks offices, free of charge. These Tariffs may be altered at any time by the Bank in accordance with the provisions or article 42.1 of the General Terms and Conditions.
Article 8 - Obligations and liabilities of the cardholder
The cardholder is jointly and severally liable with the accountholder for the payment of all sums owed in relation to the use of the card bearing his name.
The cardholder undertakes to observe the following precaution measures along with any other measure of reasonable precaution and namely any measure that could be recommended to him by the Bank through its Internet Site or otherwise, with a view to ensure the security and confidentiality of the card and of the personal and confidential code linked thereto.
1. When a card has been requested, to take the appropriate measures in order to ensure that he shall personally receive the card as well as the personal and confidential code communicated by the Bank;
2. Upon reception, sign the space provided on the back of the card with a ball pen and modify his code (without using simple combinations such as the date of birth or the name of a relative, etc.), memorize the code and destroy immediately the letter by which the code has been communicated;
3. Hold his card in a safe place, not accessible nor left in plain sight and, more generally, take all reasonable measures ensuring the security of the card;
4. Keep his personal and confidential code secret and communicate it under no circumstances to third parties (including family or friends) nor write it down in an easily recognizable or even coded form, namely not on the card itself or on any other document or object kept close to the card or carried along with it. The cardholder bears the entire responsibility for communicating his code and/or his card to third parties and, in this case, for the use of his card by a third party;
5. Only use the personal and confidential code and the card in safe places, sheltered from the sight of other people and without allowing himself to be distracted;
6. Return the card to the Bank immediately upon first request or, in the event the card is defective or when a new card is delivered, after having cut the first card in two;
7. Notify Card Stop (070 344 344) immediately in case an event arises which could lead to a fraudulent, abusive or unauthorized use of the card or the code or of any fear of such event, namely in the case of a loss, theft, or abusive use, with a view to ensure that the card be immediately blocked. In the event of a dispute, the information recorder during the telephone conversation with Card Stop shall constitute irrefutable evidence. The Cardholder is bound to notify the relevant authorities of the loss, theft or abusive use of the card, within three Days, and to provide the Bank, upon request, with evidence of said notification along with any other information useful to its investigations;
8. When he gives a card equipped with the Proton to a third party who then may execute any Proton transactions, draw, on the one hand, the attention of the bearer on the present conditions and obtain, on the other hand, his approval thereof. Without prejudice to the accountholders liability, the cardholder is liable for the use of Proton services by the bearer.
Article 9 - Obligations and liabilities of the bearer
The bearer undertakes to observe the precaution measures mentioned under article 8, numbers 3 and 7 above, it being understood that the notification to the relevant authorities provided under number 7 shall have to be executed by the cardholder immediately after he has been informed by the bearer of the events mentioned under article 8, number 7. The bearer further undertakes, in the event he is not the account/card- holder, not to execute any Payment Transaction requiring the use of the code linked to the card, or the signature of the cardholder, and to accept liability for any payment operation executed with Proton, without prejudice to the accountholder and the cardholders liability.
Article 10 - Obligations and liabilities of the accountholder
The accountholder undertakes to bear the entire liability and any consequences, financial or other, of Payment Transactions executed with the card by the cardholder or the bearer and, more generally, of any use of the card by the cardholder or the bearer as if he had executed them himself. Any Payment Transaction executed by the cardholder or the bearer with the card are thus irrevocably considered to have been executed with the accountholders consent.
The accountholder expressly agrees that the Payment Transaction executed with the card shall be debited from the account, along with the costs mentioned under article 7.
The accountholder undertakes not to contest the validity and existence of the electronic signature for the use of the card, constituted by the introduction of the code on the keyboard provided to that purpose on the devices referred to under article 3. He further undertakes to observe all obligations described in article 8 if he is also the cardholder and to observe the precaution measures mentioned under article 8, number 8, if he gives the card to a bearer.
Article 11 - Obligations and liabilities of the Bank
The Bank undertakes to take all necessary measures to prevent any use of the card after Card Stop has been informed of its loss, theft or unauthorized use. The use of the Proton balance may however not be prevented and the Bank may not be liable for the loss thereof.
With the exception of willful negligence or serious error of the Bank, the Bank may not be liable (i) for a loss due to a technical failure or any other problems of the ATM, payment terminal or network, preventing the cardholder from initiating a Payment Transaction either himself or through a Payee, when the cardholder has been notified of the failure by a message displayed on the device or in another visible way, (ii) regardless of the motives, when a merchant, company or bank does not authorize the use of the card or when the card is not accepted for any technical reason. The Banks obligations regarding the possible use of the card are best efforts obligations and not obligations to achieve a result. In the event of a dispute between the account/card- holder and a merchant or an entity connected to the payment network regarding a transaction or a product or service to which this transaction relates, the Bank may not be asked to intervene.
Article 12 - Fraudulent or unauthorized use of the card by a third party
Pursuant to article 46.1 of the General Terms and Conditions, the account/card- holder is bound to inform the Bank of any authorized Payment Transaction executed with the card immediately and at the latest 13 months after the date of debit or credit of the Payment Transaction concerned, according to the conditions set forth under article 12.1 of the General Terms and Conditions.
Insofar as it has been duly and timely informed in accordance with the preceding alinea, the Bank shall, in the event of an unauthorized Payment Transaction, after a prima facie investigation for fraud on the part of the accountholder, refund immediately to the accountholder the amount of the unauthorized Payment Transaction and, where applicable, restore the account to the state in which it would have been had the unauthorized Payment Transaction not taken place, as the case may be together with accrued interests. The Bank shall further indemnify the accountholder for all other financial consequences, and in particular the costs borne in determining the prejudice to be indemnified.
By derogation from the preceding alinea, until the notification provided by article 8, number 7 (the Notification) is made, the accountholder shall bear the losses relating to any unauthorized Payment Transactions, up to a maximum of 150 euro. This limitation shall not apply and the accountholder shall bear all the losses if they occurred because the account/card- holder acted acting fraudulently or failed to fulfill, with intent or gross negligence, one or more of his obligations regarding the conditions of use of the card, the security measures applicable or the Notification to address the Bank as mentioned above. In particular, without prejudice to the discretionary power of judgment of the courts and the necessity to take into account all elements of facts, failure for the account/card- holder to observe the precaution measures mentioned under article 8, numbers 1, 2, 4, 5 and 7 above shall be considered as a gross negligence.
Unless the account/card- holder has acted fraudulently or intentionally, the account/card- holder shall not be liable if the card has been used without physical presentation and without electronic identification, or if the card has been copied by a third party or has been fraudulently used provided the account/card- holder was, at the time of the disputed transaction, in possession of the card.
As from the Notification, the Bank shall bear the financial consequences resulting from use of the lost, stolen or misappropriated card, except where the Bank is able to prove that the account/card- holder has acted fraudulently.
The Banks liabilities above shall not apply in cases of force majeure or where the Bank or another payment service provider is bound by other legal obligations covered by national or Community legislation.
Article 13 - Non execution or defective execution of a Payment Transaction
Pursuant to article 47.1 of the General Terms and Conditions, the account/card- holder must also, in the event of a non executed or defectively executed Payment Transaction, inform the Bank thereof immediately and at the latest thirteen months after the debit or credit date of the Payment Transaction concerned in accordance with the provisions of article 12.1 of the General Terms and Conditions.
Insofar as it has been duly and timely informed as provided under the preceding alinea, the Bank shall bear, pursuant to the provisions of and to the extent permitted by article 47 of the General Terms and Conditions, the liability for the non execution or defective execution of the Payment Transactions correctly initiated by the cardholder or of Payment Transactions correctly transmitted to the Bank via the Payee.
The Banks liabilities above shall not apply in cases of force majeure or where the Bank or another payment service provider is bound by other legal obligations covered by national or Community legislation.
Article 14 - Renewal of the card blocking of the card
The account/card- holder agrees that the Bank shall renew the card unless it is otherwise instructed by registered mail at least 3 months prior to the expiration date of the card. The Bank reserves in all cases the right not to renew the card without having to justify its decision.
Pursuant to article 12.4 of the General Terms and Conditions, the Bank reserves, among other rights, the right to block the card or to retain it if / in case of:
- the card is defective; - the cardholder has forgotten to retrieve his card from the Bancontact/Mister Cash ATM or payment terminal or from any other type of terminal; - an erroneous code has been typed three successive times; - opposition has been formed against the card upon written or telephonic request from the accountholder, the cardholder or any other proxy holder, for instance after the loss or theft of the card; - the account has been blocked or closed; - seizure proceedings have been instituted; - death; - there is a debit balance on the account.
Article 15 - Proof
The Payment Transactions made using the card are automatically recorded on the Banks backup system. The Bank and the account/card- holder acknowledge that the data related to the Payment Transactions executed using the card and recorded on an electronic data storage medium of the Bank have evidential force until proven otherwise, to the same extent as a document written and signed by all parties in original on paper. As regards the Payment Transactions made using an ATM or a payment terminal, which generates a printed document containing the data of the Payment Transactions and/or the balance of the account, it is agreed that these data shall only have an indicative value. The actual balance of the account may vary in particular depending on other Transactions still in the process of being executed.
The microprocessor on the card stores the most recent Proton transactions made (between 5 and 10 depending on the type of transactions) at payment and reloading terminals. The data recorded on the microprocessor shall have evidential force until proven otherwise, to the same extent as a document written and signed by all parties in original on paper. The Proton transactions as well as the available Proton balance may be visualized at the Proton terminals. Transactions where the electronic purse is reloaded are stored on an electronic data storage medium of the Bank and shall have evidential force until proven otherwise, to the same extent as a document written and signed by all parties in original on paper.
Article 16 - Data protection
The Personal data regarding the account/card- holder communicated to the Bank when applying for or receiving the card, when using the card, when loss, theft or fraud or risk of occurrence of one of these is declared, when applying for a modification of the spending limits or for a new code, or when terminating this agreement (namely, among other things, personal data concerning the identity, domicile, personal status, Payment Transactions executed with the card or the requests made in relation thereto) are recorded in one or several files of the Bank in accordance with the applicable Belgian legislation. Pursuant to the law related to the protection of privacy, the account/card- holder is informed that the processing manager is Keytrade Bank SA whith registered office Boulevard du Souverain 100, 1170 Brussels.
The account/card- holder agrees that his personal data shall be recorded by the Bank and processed for administrative purposes, for account management purposes, Payment Transactions management purposes, and, more generally, for the management of contractual relations, to ensure that the Payment Transactions are properly carried out and irregularities prevented (prevention of money laundering and the financing of terrorism, of abuses, and of fraud), for the compiling of market analysis, statistics and tests, and for commercial canvassing and direct marketing in relation to banking, financial and insurance products or other products promoted by the Bank or by companies belonging to the group of which the Bank is a part, and finally to comply with legal obligations. The account/card- holder data may also be used by the Bank for marketing products and services offered by third parties, although the Bank shall not be allowed to share the account/card- holder data with these third parties.
The account/card- holder shall have the right to ask to consult the data concerning him and to obtain correction of any inaccurate data, by sending an e-mail to the address legal@keytradebank.com or in a letter to be sent to the Banks Departement Legal. Additional information may be obtained at the Public Register from the Commission for the protection of privacy.
The account/card- holder indicates that he agrees to the Banks communicating personal data relating to him to companies linked to or belonging to the group of which the Bank is a part. The account/card- holder acknowledges and, in so far as is necessary, accepts that the Bank may be required, in accordance with current legislation, to communicate certain information or documents on the account/card- holder, its accounts and Operations carried out by him to the relevant legal or administrative authority. This agreement shall also apply if data is communicated to the persons listed above in a country that is not a member of the European Union but guarantees an adequate level of protection.
The account/card- holder shall have the right to object to the processing of his data for commercial canvassing or direct marketing purposes free of charge, by sending an e-mail to the address legal@keytradebank.com or in a letter to be sent to the Banks Departement Legal.
Article 17 - Duration and termination
The contract shall be effective until the expiration date of the card, subject to the renewal thereof on the day of its expiration in accordance with the provisions of article 14 above.
The contract may be terminated by the account/card- holder at any time, at no costs and without justification provided a three Days notice is given in a registered postal letter sent to the Registered Office of the Bank. The termination of the contract shall render all mutual debts between the parties payable immediately. The Bank shall block the card at the latest on the day the termination comes into effect and the account/card- holder is required to return immediately and voluntarily the card to the Bank, cut down in two parts.
The closing of the account automatically triggers the termination of this contract and such termination is effective immediately and without other formalities.
Without prejudice to the provisions of articles 12 and 13 above, the accountholder and the cardholder remain, in the event of termination of the contract, jointly and severally liable for all the Payment Transactions that have occurred with the card before it has been effectively returned to the Bank.
Article 18 - Modification of the conditions
The present conditions may be altered by the Bank at all times in accordance with the provisions of article 22 of the General Terms and Conditions.
The account/card- holder who does not Notify the Bank his refusal of the modifications prior to the date the modified conditions come into effect shall be deemed to have accepted them and any Payment Transaction carried out by the account/card- holder using the card after the entering into effect of the modifications shall be governed by the new conditions. The account/card- holder who does not agree to the new general terms and conditions before they enter into effect may terminate his relationship with the Bank immediately free of charges, by sending a registered letter to the Registered Office of the Bank and by returning the card to the Bank, cut down in two parts. Within two Days following receipt of that letter, the Bank shall block the card.
Article 19 - Non consumer
Without prejudice to the introductive provisions of Section III Payment Services of the General Terms and Conditions, the following provisions of these Conditions do not apply to corporate entities nor to natural persons who applied for a code or who execute Payment Transactions using the card in the context of their business or professional activity: article 2, alineas 2 to 4 included, article 12, alineas 3 to 5 included and the provisions related to the Banks liability referred to by article 12, alinea 2 and article 13, alinea 2, above. Finally, the notifications referred to under article 12, alinea 1 and article 13, alinea 1 above must be made immediately and at the latest within 5 Days by the abovementioned persons, as provided by article 14.1 of the General Terms and Conditions regarding observations and complaints, and these persons may not benefit from the 13-months period set forth under 12, alinea 1 and article 13, alinea 1.
Ward A. Thompson v. City of Lawrence, Kansas Ron Olin, Chief of Police Jerry Wells, District Attorney Frank Diehl, David Davis, Kevin Harmon, Mike Hall, Ray Urbanek, Jim Miller, Bob Williams, Craig Shanks, John Lewis, Jack Cross, Catherine Kelley, Dan Ward, James Haller, Dave Hubbell and Matilda Woody, Frances S. Wisdom v. City of Lawrence, Kansas Ron Olin, Chief of Police David Davis, Mike Hall, Jim Miller, Bob Williams, Craig Shanks, John L. Lewis, Jack Cross, Kevin Harmon, Catherine Kelley, Dan Ward and James Haller, Jr., 58 F.3d 1511, 10th Cir. (1995)