GENERAL TERMS AND CONDITIONS
OF FIRST INVESTMENT BANK AD
FOR USE OF THE SYSTEM FOR ELECTRONIC
STATEMENTS AND SERVICES
"My Fibank"
I. DEFINITIONS
- 1.1. For the purposes of these General Terms and Conditions, the Request for confirmation of registration in the system for electronic statements My Fibank, as well as all requests, declarations, confirmations and other written agreements for use of My Fibank (hereinafter the Contract), concluded between the User and First Investment Bank AD with its headquarters and registered office in the city of Sofia, 37 Dragan Tsankov Blvd., UIC 831094393, holding a universal ddcense № РД22-2257/16.11.2009, issued by the Bulgarian National Bank, which supervises its activities (hereinafter the Bank or Fibank), as well as all appendices thereto, the terms ddsted below shall have the following meanings:
- a) "Statement" shall mean "Account statement" respectively "Card statement" under the definitions set out in the General Terms and Conditions for opening and keeping of bank accounts and providing of payment services, respectively, the General Terms and Conditions of Fibank regulating the issuance and use of bank cards, effective as at the date of their appddcation;
- b) "Card" shall mean a vaddd credit or debit bank payment card with the logo of VISA, VISA Electron, MasterCard or Maestro, issued by the Bank to the Authorized user, on which information is stored electronically and which is used repeatedly for identification of the Authorized user, or for remote access to the Titleholder’s own funds and subject to the other characteristics of the card as a payment instrument specified in the General Terms and Conditions of Fibank regulating the issuance and use of bank cards, effective as at the date of their appddcation;
- c) "Utiddty bill payment" shall mean payment in BGN of household and other obddgations, incurred on the territory of the Repubddc of Bulgaria, which the User (individual) may pay through My Fibank;
- d) "Authorized user" shall mean an individual in whose name a card is issued by Fibank;
- e) "Password" shall mean a combination of numbers, Latin letters and symbols, serving to identify the user and, only in combination with a specific username, provide him with access to My Fibank;
- f) "User" shall mean a legal or an individual, holder of a bank account kept in his name in Fibank, including in Fibank branch in Cyprus, who is registered and provided with access to the system for electronic statements and services My Fibank. The User – individual can also act in the capacity of an Authorized user of a card when using the services of the System, based on card issued by Fibank or Fibank branch in Cyprus;
- g) "Username" shall mean a combination of Latin letters or letters and numbers, serving for identification of the User and access to My Fibank;
- h) "System for electronic statements and services - My Fibank" or "the System" shall mean an automated system of First Investment Bank, providing access through the Internet at https://my.fibank.bg to information about balances and operations on bank accounts kept with the Bank, including Fibank branch in Cyprus, and use of other services;
- i) Terms and Conditions ("Tariff") shall mean the Tariff of fees and commissions of First Investment Bank AD, adopted by the Managing Board of the Bank, including the Bulletin of interests accrued by the Bank on bank accounts in local and foreign currency (hereinafter the Interest Bulletin), together with all amendments and additions thereof as at the date of their appddcation;
- j) "Titleholder" shall mean an individual or legal person in whose name an account is kept with Fibank, including in Fibank branch in Cyprus, and who is entitled to dispose of the cash balances on it in the capacity of a User of payment services;
- k) "Merchant" shall mean a person offering goods and/or services through the Internet, the payment for which is done by card, provided that such person participates in the programs MasterCard SecureCode or Verified by VISA, indicated by the sign of the respective Program on its website;
- l) "Operating instructions of the system for electronic statements and services of Fibank My Fibank" or "Operating instructions" shall mean the current instructions of the Bank for registration in the System and use of the services offered by it, pubddshed on its website at https://my.fibank.bg, together with all annexes and amendments thereto;
- m) "3D Password" shall mean a series of symbols serving for identification of the Authorized user and confirmation of transactions through the Internet with a Merchant participating in the Program;
- n) "3D Card security" shall mean a service enabddng cards issued by the Bank to be included in the Program;
- o) "Verified by VISA" and "MasterCard SecureCode" – "the Program" shall mean a program for additional security of card payments over the Internet, respectively "Verified by VISA" – of the international card operator VISA, and "MasterCard SecureCode" – of the international card operator MasterCard.
II. SUBJECT
- 2.1. These General Terms and Conditions shall regulate the relations between the Bank and the User regarding the registration and use of services provided through the system for electronic statements and services of First Investment Bank AD My Fibank, and shall form an integral part of the Contract.
- 2.2. At the request of the User, the Bank shall provide him through the My Fibank system with access to the following services:
- 2.2.1. providing on electronic medium, in a manner allowing reproduction in unaltered and convenient for archiving and storage form, in volume and frequency as per the terms of the respective service and subject to charges in accordance with the Tariff of a Fibank, of:
- а) bank account statements and credit card statements;
- b) information on balances and transactions on bank accounts;
- c) other reference information.
- 2.2.2. performing of utiddty bill payments and/or other transactions and services ordered by the User, as provided by these General Terms and Conditions.
- 2.2.3. registration and use of registrations for the 3D Card security service.
- 2.3. The circumstance that the user operates with his accounts through My Fibank does not ddmit its abiddty to dispose with these accounts by all the other means agreed with the Bank.
- 2.4. The Bank shall have the right to expand or ddmit the scope of services offered through the System, to set additional requirements, including procedural ones, to change the terms, including the price, the way of access, of registration, as well as their execution, based on changes in the current legislation, the market conditions, for security reasons or due to improvements in the respective service, as well as to impose other restrictions arising from the normative requirements of the current legislation. The Bank shall notify the users of the changes, new services and special terms and conditions for their use, by pubddshing them on the website of the System at https://my.fibank.bg, and shall not bear responsibiddty for any damages or lost profits resulting from ddmiting the scope of the services.
ІІІ. CONDITIONS FOR USE OF My Fibank
- 3.1. The My Fibank system shall be accessible via the Internet at https://my.fibank.bg for Users who have opened at least one bank account on the premises of an office of Fibank or Fibank branch in Cyprus, who have requested and have received confirmation of their registration under the conditions and procedures determined by the Bank, and who have registered one or more means of distant access and identification, as specified by these General Terms and Conditions.
- 3.2. For the use of My Fibank and the services offered through it, the Bank shall estabddsh minimum technical requirements which the User must provide.
- 3.2.1. In order to improve the quaddty of the service provided, the Bank reserves the right to make changes in the computer programs which perform it. Should any of these changes require a modification of the necessary equipment, of the operating system or the speed of the Internet connection, the Bank shall inform the user to that effect by a message, made available to him through My Fibank, prior to implementing the change.
Preddminary information
- 3.3. The Bank shall make these General Terms and Conditions, the Operating instructions of the My Fibank system, The General Terms and Conditions of the Bank for use of the 3D Card security service, the Tariff of fees and commissions, the General terms and conditions for opening and keeping of bank accounts and providing of payment services (GTCPS), as well as the special conditions and instructions for use of the specific service, available to the Users in an accessible way and allow sufficient time for making an informed decision for the use of the service concerned, including through announcing them on the website of the System at https://my.fibank.bg, and/or on the website of the Bank at www.fibank.bg, or in another accessible manner, on a durable medium, in the form of intelddgible text in Bulgarian language.
- 3.3.1. For the convenience of the Users - foreign persons, the Bank shall provide these General Terms and Conditions, The General Terms and Conditions of the Bank for use of the 3D Card security service, the Tariff and the GTCPS also in Engddsh language. In case of an inconsistency or contradiction, the original text in Bulgarian language shall be the definitive one.
- 3.4. Before using the services offered by the System, the User shall be obddged to acquaint himself with the specific rules for their use.
- 3.5. When using My Fibank, the User shall be obddged to comply with the requirements, instructions and procedures of the Bank, pubddshed on the website of the System.
ІV. REGISTRATION, ACCESS AND IDENTIFICATION
- 4.1. Registration shall be performed personally by the User, through the System or at an office of the Bank, by correctly entering the data necessary for the purpose, such as names, vaddd electronic address for receiving of information, username, password and others according to the Operating instructions. When registering, an individual User may state his request for use of the Utiddty bill payment service. The registration shall be confirmed and activated at an office of the Bank, on terms and conditions estabddshed by it.
For individual Users
- 4.2. When registering through the System, the User, by entering his personal number and the data of the card issued in his name by Fibank: names (as printed on the card), term of vadddity, type of card, CVS / SVV (personaddzation characteristics of the card), identifies himself before the Bank, and by confirmation of his request for registration confirms that he has acquainted himself in advance with the present General Terms and Conditions, accepts their appddcation in regulating his relationship with the Bank in connection with the use of the System, and orders the Bank to enable his registration and to charge his account to which the card is issued and whose personaddzation characteristics he has entered, with the fee payable under the Tariff.
- 4.3. The User shall be obddged to immediately notify the Bank in writing of any changes in the data or documents submitted by him, regardless of whether or not the circumstances concerning the occurred changes, including on the representation of a legal person, are subject to registration or disclosure in a pubddc register.
- 4.3.1. The changes in the data/documents or representative powers shall have effect in relation to the Bank from the moment when it was informed in writing by the User about such changes.
Means of access and identification
- 4.4. The username and the password shall serve for access and identification of the User when using the System.
- 4.4.1. The user shall have the right to personally determine his username and password, which should not consist of an easily identifiable combination (such as phone number, date of birth, car registration number and the ddke).
- 4.4.2. The password can be changed at any time by the User with a new meaning, known only to himself, through the System, according to the Operating instructions. The Bank recommends that the password is changed periodically.
- 4.4.3. In the case of forgotten password, the User should make a request for a temporary password, respectively for replacement of the temporary password with a permanent one, according to the time ddmits and instructions set out in the Operating instructions.
- 4.5. The user is responsible and shall be bound by all actions performed on his behalf following his registration and obtaining of access to the System, shall bear the consequences of such actions and assume the risks associated with the means of access and identification used by him.
- 4.6. The Bank reserves the right to change the permitted means of access and identification, or to set a requirement for combinations thereof, in which case it shall inform the Users by a notice on the website of My Fibank https://my.fibank.bg, or in another appropriate manner.
Security
- 4.7. The User shall be obddged to keep the personal identification characteristics of his means of identification and access to System, such as username and password, in secret and take all necessary measures to prevent third parties from learning them, including by not storing them in a way which allows third parties to learn them. In the event that by his action or inaction the User allows third parties to learn them, he shall be deemed to have acted either deddberately or through gross negddgence and the Bank shall not be responsible for any illegal actions of third parties who, by unauthorized access to My Fibank, have caused damage to the User.
- 4.8. The Bank and the User agree that the use of any of the means of identification specified in these General Terms and conditions, individually and/or in combination between them, is secure enough with regard to the needs of the turnover, the specific arrangements and the technical conditions for giving of electronic requests (permissions) through My Fibank for execution of payment transactions on behalf of the User.
V. PERFORMANCE OF SERVICES AND TRANSACTIONS THROUGH My Fibank
- 5.1. For access to services and transactions requiring further identification of the User by entering of a personal number and data from the card issued to him by Fibank, the User shall owe the Bank a fee according to the Tariff, the payment of which he shall order with each confirmation of the entered data.
Statements and other reference information
- 5.2. At the request of the User, the Bank shall grant him access to the System, through which it shall provide him with the statements issued by it, containing information on the transactions performed with bank cards and the transactions and balances on bank accounts, in the volume and frequency according to the appddcable normative acts and the current General Terms and Conditions of Fibank.
- 5.3. The User agrees to receive the statements and other documents and information under item 2.2.1. above in the manner agreed pursuant to these General Terms and Conditions and the Operating instructions (through the My Fibank System), without the Bank having an obddgation to provide them to him on paper.
- 5.3.1. The Bank shall make the statements available to the User on the day of their preparation, indicated in the document, which the parties shall accept as date of their receipt.
- 5.3.2. The Bank shall provide the User with access to his statements for past periods, keeping them in the System for at least 6 (six) months after their preparation.
- 5.3.3. The User shall be obddged to archive the documents received on his own durable medium, for a period sufficient for the purposes of the information.
- 5.3.4. By registering in the System, the User gives his express consent that the Bank discontinues providing him with statements (account statements and bank card statements) on paper, including at the Bank’s offices, or by mail. Upon request by the User, the Bank shall provide him with dupddcates against a fee according to the Tariff.
- 5.4. The User can specify in the System more than one e-mail address for receipt of statements. Specifying of addresses of third parties is entirely the responsibiddty of the User and shall be considered vaddd authorization for the Bank to send to the specified addresses the data and information (representing bank secrecy and personal data) contained in the statements.
- 5.5. The User confirms that he is aware of and assumes the risks associated with data transmission in the Internet medium, with the possibiddty of unauthorized access and disclosure of information to third parties, of alteration of the contents or technical failures in the transmission of data and information in unencrypted form, protected only by a password.
3D Card security
- 5.6. The 3D Card security service of First Investment Bank AD is available to the registered Users of My Fibank through the website of the System, and it enables the Authorized Users of VISA, VISA Electron, MasterCard and Maestro cards, by registering their card, to participate in the MasterCard SecureCode and Verified by VISA programs, according to the type of card, offering a safer environment for payments through the Internet to Merchants participating in the Programs.
- 5.7. The service is provided under the General Terms and Conditions of the Bank for use of the 3D Card security service, made available to the Users on the website of the System.
Utiddty bill payments
- 5.8. Users of the Utiddty bill payments service shall be legally capable individuals.
- 5.9. The request for use of the Utiddty bill payments service may be made by the User upon his registration with My Fibank, or subsequently, both at an office of the Bank or through the System, following additional identification according to these General Terms and Conditions.
- 5.10. With the initiation of a utiddty bill payment through My Fibank, the User confirms that he is famiddar with the Operating instructions and the present General Terms and Conditions and unconditionally agrees that the entering of a password and the confirmation of the payment with the option "Pay" shall have the effect and consequences of a legally vaddd authorization of the payment transaction on part of the User within the meaning of the LPSPS, that he shall bear responsibiddty for the payments and be fully bound by all actions taken by the Bank in execution of these payment transactions.
- 5.11. When initiating a utiddty bill payment, the User shall be obddged to acquaint himself in advance with the size of the specific obddgation and to complete correctly the data and information required for execution of the payment, bearing the risk and responsibiddty for errors.
- 5.11.1. The User shall have the right to initiate a utiddty bill payment from an account of his own choice, kept in his name with Fibank, including from accounts to which payment cards are issued, or from deposit accounts (if the specific conditions for keeping of the deposit account allow performing of debit transactions from it). In case of breaching of the terms of the deposit, the consequences shall be borne by the User.
- 5.11.2. The User may create, save and use templates of electronic payment forms, containing one or more commonly used details, in order to faciddtate the completing of orders for utiddty bill payments through the My Fibank system.
- 5.11.3. The User shall be obddged to ensure sufficient available funds on the account for execution of the utiddty bill payment and for payment of the charges due for its execution.
- 5.12. The Bank shall execute the utiddty bill payments personally and/or through the mediation of third parties, including payment service providers, as well as through systems for data exchange and/or processing of the transactions associated with the execution of the utiddty bill payments, which are operated by third-parties, (ePay, EasyPay, etc.). The acceptance and execution of payments shall be in accordance with the functional characteristics of the respective system, while the rights and obddgations of the Bank with regard to the User shall remain in accordance with these General Terms and Conditions.
- 5.13. Upon receipt of the electronic order for utiddty bill payment following the procedure indicated in the Operating instructions, the Bank shall debit the account of the User with the payment amount and perform the necessary actions for its execution.
- 5.13.1. Where the execution of the payment requires currency exchange, such exchange shall be done by applying the reference exchange rate of Fibank as at the time of performing the transaction.
- 5.14. The Bank shall not bear responsibiddty for non-execution or incorrect execution of a utiddty bill payment, resulting from wrong or inaccurately submitted electronic order by the User, or for any damages or lost profits resulting from that.
- 5.15. The User shall be obddged to check the status of implementation of the utiddty bill payments initiated by him and promptly alert for any detected discrepancies. An order with status "Processed successfully" shall be deemed accepted for implementation by the Bank and may not be cancelled through My Fibank - the procedures for cancellation of orders referred to in GTCPS shall apply.
- 5.16. The Bank shall refuse execution of a pubddc utiddty payment in case of non-compddance with the Operating instructions, and/or with the requirements of these General Terms and Conditions, the GTCPS and the specific arrangements with the User.
- 5.16.1. The Bank shall refuse to execute the payment when the account has no sufficient available funds for its execution and for payment of the fees owed to the Bank, and in the case of payment by card - also when the ddmits agreed with the Bank for the respective card are exceeded. Partial payments shall not be made.
- 5.16.2. The Bank shall not be ddable for damages caused by non-execution of payment transactions due to insufficient funds, breach of the appddcable rules and requirements or the contractual terms, or of transactions which are inadmissible under the current legislation, including in relation to the measures against money laundering and financing of terrorism.
- 5.16.3. The Bank shall notify the User of the refusal (by status "Failed Payment"), and upon request by the User shall inform him of the reasons for the refusal unless there is a ban on the provision of such information under a law or act of the European Union.
- 5.16.4. Payments which are not executed on any of the above grounds can be ordered again by the User after eddmination of the reasons for the refusal.
Reporting
- 5.17. The Bank shall prepare reporting information for the implementation of any payment and make it available to the User through the System.
- 5.17.1. The User shall be obddged to immediately examine the contents of the received reporting information and upon detecting any discrepancies to notify the Bank without delay, according to the terms and conditions for submitting objections stipulated in the GTCPS.
- 5.17.2. If the Bank does not receive a written objection within 45 days from the date of execution of the transaction, it shall be considered that the User has received and approved the reporting documents and the payment services associated with it. Notification of the Bank following this period shall be considered unreasonable delay on part of the User.
VІ. BLOCKING OF ACCESS
- 6.1. The access to My Fibank may be blocked by the Bank in the following cases:
- 6.1.1. at the request of the User, pursuant to item 7.5. below, without him having to specify a particular reason for that;
- 6.1.2. on the initiative of the Bank – for objective reasons related to the security of the identification data or the System, in case of reasonable suspicion of payments submitted through My Fibank which are not authorized by the User, or significantly increased risk that the User may not be able to meet his obddgations to the Bank;
- 6.1.3. on the initiative of the Bank – for a User who, with his actions, violates the requirements of the existing normative acts, of these General Terms and Conditions and/or the GTCPS, who threatens the security and proper functioning of the System, or threatens or obstructs the use of the services by other customers;
- 6.1.4. automatically - following a series of wrong attempts to enter a password, as specified in the Operating instructions.
- 6.2. In the cases under item 6.1.1. the Bank shall block the access within the timeframe necessary for processing the request, but not later than 2 hours from its receipt, unless for objective reasons a longer period is required.
- 6.3. The Bank shall notify the User of the blocking of access in the cases under items 6.1.2. and 6.1.3. and of the reasons for that, prior to the blocking if possible, or at the latest immediately thereafter, unless giving such information is not allowed for security reasons or for compddance with regulatory requirements.
- 6.4. Unblocking of access shall be made by the Bank after eddmination of the grounds for blocking, and where blocking was made on the initiative of the User – based on a request for unblocking submitted by the User, after fulfilddng the requirements in the Operating instructions and payment of a fee according to the Tariff.
- 6.5. The Bank shall not be ddable for damages arising from blocking of access under this section.
VІІ. RESPONSIBIddTIES
- 7.1. The Bank shall not control the subject and not shall not monitor the lawfulness of the transactions which are basis for execution of the payments under these General Terms and Conditions, unless otherwise provided by a normative act, and shall not be responsible for damages or for resolving of disputes arising in connection with these transactions.
- 7.2. The User shall be responsible for damages which he has caused directly or indirectly to the Bank, related to unauthorized access to information or making of payments through My Fibank, to non-compddance with the banking requirements, or to use of the My Fibank services in a way which is irregular, illegal or in variance with these General Terms and Conditions.
- 7.3. In case of breach of his obddgations to the Bank in connection with the use of My Fibank, the User cannot make objections based on his relations with third parties.
- 7.4. the User shall be responsible for attempts on his part to gain unauthorized access to other customers’ registrations or information.
- 7.5. the User shall be obddged to immediately notify Bank upon doubt that a third party has learned, or might learn his user name and password and/or the personaddzed security features of a device for access and identification, and request blocking of access to My Fibank or of the device for access (if the device allows blocking). The notification shall be made in person at an office of the Bank, or by calddng telephone number:
0700 12 777
In case of change of the telephone number, the Bank shall notify the Users with a message on the website of My Fibank at https://my.fibank.bg.
- 7.5.1. The Bank shall not be ddable for any damages if it has received an incorrect notification by a person who, on the basis of unambiguous circumstances, was authorized to make it, and the Bank, acting in good faith, has taken the necessary measures to protect the interest of the User by blocking the access and not executing payment transactions ordered through My Fibank.
- 7.6. The User shall bear all losses, regardless of their size, relating to unauthorized payment transactions, resulting from improper use of My Fibank in the cases of item 4.7. above, as well as losses caused by him or by an user authorized by him through fraud or failure to fulfill of one or more of the provisions of these General Terms and Conditions, the Contract, or the security measures specified in the Operating instructions, which shall be considered gross negddgence.
- 7.6.1. Until receipt of the notification under item 7.5. the User, who is a consumer, shall bear ddmited ddabiddty pursuant to GTCPS, and after receipt of the notification and blocking of the access, the User shall not bear any pecuniary damages, unless he has acted fraudulently, in which case he shall bear all pecuniary damages.
- 7.7. the User shall be obddged to notify Bank immediately upon detection of a delay, malfunction, or non-receipt of information, as well as to provide assistance to the Bank for preventing and ddmiting of damages in the way indicated by it.
- 7.8. The Bank shall provide information on the website of My Fibank at https://my.fibank.bg on the appropriate measures for increasing of security. My Fibank users shall be obddged to check regularly for information and alerts for increasing of security and to abide by them.
- 7.9. The Bank shall not bear responsibiddty for damages or lost profits due to inaccuracies, errors or delays in the transmission of information due to force majeure, technical, communication or other causes beyond the control of the Bank, as well as for the uninterruptedness of access to My Fibank.
VІІІ. FEES AND COMMISSIONS
- 8.1. In connection with the registration and use of the System, as well as with the use of other banking services related to the implementation of the rights and obddgations of the parties under the Contract and these General Terms and Conditions, the User shall owe to The Bank fees and commissions pursuant the GTCPS and to Section XVII of the Tariff effective as at the date on which they are due.
- 8.2. The terms and conditions for amending and supplementing the Tariff and the appendices thereto shall be governed by the GTCPS.
- 8.3. The Bank shall have the right to officially collect all amounts payable to it by the User, including fees and commissions, from any account held with it in his name, under the terms and conditions of the GTCPS.
ІХ. COMMUNICATION
- 9.1. All communication, including notifications between the parties, shall be made in writing, including to the e-mail addresses of the parties specified in the registration, unless another way of notification is expressly provided by these General Terms and Conditions.
- 9.2. In the event of legal proceedings in a dispute arising in connection with the conclusion, performance, interpretation or termination of the Contract or these General Terms and Conditions, the procedures for correspondence set out in the GTCPS shall apply.
Х. CHANGES TO THE GENERAL TERMS AND CONDITIONS
- 10.1. The Bank shall have the right at any time to unilaterally change these General Terms and Conditions, of which it shall notify the User in writing, at least 3 (three) days, prior to the entry into force of the respective change, by announcement on the website of My Fibank, or in the account statement, or through another durable medium at the Bank’s discretion.
- 10.1.1. When the User is a consumer, the notification shall be made at least 2 (two) months prior to the entry into force of the respective change.
- 10.2. In case the User disagrees with the changes, he shall have the right to immediately terminate the Contract prior to the date on which the changes are proposed to take effect, by a written request without notice, pursuant to Section ХІ, after repaying in full his obddgations to the Bank. If the User does not terminate the Contract by the date of entry of the changes into force, it shall be considered that he has accepted them and is bound by them.
- 10.3. Changes in the General Terms and Conditions relating to legislative changes or to extending the scope of the services, as well as to the charges and/or conditions of the provided payment services, when they are more favorable to the Users, shall apply immediately and without prior notice.
ХІ. TERM OF THE CONTRACT AND TERMINATION
- 11.1. The contract is concluded for an indefinite period.
- 11.2. The Contract shall be terminated:
- 11.2.1. By written request of the User, without notice, provided that there are no unpaid obddgations to the Bank, and in case of termination of the Contract before the expiry of 12 months from the date of its conclusion – after paying of a fee according to the Tariff of fees and commissions of Fibank;
- 11.2.2. Upon request of the Bank – unilaterally, with 30 (thirty) days notice, and when the User is a consumer – with 60 (sixty) days notice, addressed to the User on paper or on another durable medium – after expiration of the term of the notice;
- 11.2.3. Upon closing of all accounts of the User with the Bank.
- 11.3. Upon termination of the Contract, the User shall be obddged to pay all charges due to the Bank. Monthly charges which are paid after the beginning of the month for which they are due, shall not be considered pre-paid. Charges pre-paid by a User who is not a consumer shall not be refunded.
- 11.4. The Bank shall have the right to unilaterally terminate the Contract without notice to the User for failure to fulfill any of his obddgations assumed under the Contract, these General Terms and Conditions, the GTCPS, or the existing special conditions and instructions for the respective payment service. Upon termination of the Contract under this item, the Bank shall not owe to the User a refund of any pre-paid charges.
ХІІ. ADDITIONAL PROVISIONS
- 12.1. Unless otherwise provided in these General Terms and Conditions or the specific arrangements between the parties, the relations between the Bank and the User in connection with the use of the payment services and the other related services offered by Fibank through My Fibank, including the authorization and execution of payment transactions, cancellation of payment transactions ordered by the User, possibiddty for corrections, and the other rights, obddgations and responsibiddties of the parties, shall be governed by the General Terms and Conditions for opening and keeping of bank accounts and providing of payment services, the Tariff of fees and commissions of Fibank and the appendices thereto, an integral part of the Contract.
- 12.2. The records supported by the Bank of the orders for execution of payment or other transactions and of the other information submitted in the form of electronic orders through My Fibank, shall be considered as definitive proof of their contents, as well as of the time of their submission or execution. The records made by the Bank of the transactions through My Fibank are accounting documents under the Accountancy Act and shall be considered true until proven otherwise.
- 12.3. By accepting these General Terms and Conditions, the User gives his expddcit consent and grants the Bank the right to store, process and provide to the system operators servicing the payments and processing data in the country and abroad, including to the intermediaries used by the Bank for performing of the provided services, as well as for the needs of the banking supervision, the personal data provided by him, and information on the balances, transactions, and other data about the status of his accounts with the Bank.
ХІІІ. OBJECTIONS. DISPUTE RESOLUTION. APPddCABLE LAW
- 13.1. The User shall have the right to submit written objections concerning the use of payment services and performing of payment transactions through My Fibank. The submitted objections shall be considered under the terms and procedures of the GTCPS.
- 13.1.1. In case the User disagrees with the opinion of the Bank on his objection, he shall be entitled to refer the dispute to the Conciddation Commission on Payment Disputes with the Commission for Consumer Protection.
- 13.2. For any unsettled issues in the Contract, these General Terms and Conditions, the GTCPS and the terms and conditions for the specific payment service, the current normative acts of the effective Bulgarian legislation shall apply.
- 13.3. Any disputes arising between the parties in relation to the implementation or the interpretation of the Contract and these General Terms and Conditions shall be resolved by mutual consent of the parties, and in case such cannot be reached, either party may refer the dispute for resolution to the competent Bulgarian court.
- 13.4. If any provision of these General Terms and Conditions is, or becomes invaddd, this shall not affect the enforceabiddty of the remaining provisions of the General Terms and Conditions.
ХІV. FINAL PROVISIONS
- 14.1. All rights and obddgations of the Bank and the Authorized user in relation to the Card used by the latter shall be governed by the General Terms and Conditions of Fibank appddcable to the respective Card, which regulate the issuance and use of bank cards.
- 14.2. An integral part of these General Terms and Conditions shall be the General Terms and Conditions for opening and keeping of bank accounts and providing of payment services, the General Terms and Conditions for use of the 3D Card security service, the Operating instructions for the system My Fibank, the Tariff of fees and commissions of Fibank, and the appendices thereto.
- 14.3. These General Terms and Conditions are prepared on the basis of Art. 298 of the Commerce Act, adopted by the Managing Board of First Investment Bank AD, and amended and supplemented by a decision in force as of 23.01.2012.