Epaycard Terms and Conditions PDF

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UNIONBANK EPAYCARD TERMS & CONDITIONS TMP-DA-107-12 EPAYCARD DEBIT CARD AGREEMENT By using the EPAYCARD Debit Card, the Cardholder unconditionally agrees to be bound by the laws, rules, regulations, and official issuances applicable on the matter, now existing or which may hereinafter be enacted, issued or enforced. All the Terms and Conditions in the EPAYCARD Debit Card Agreement have been read and understood by the Cardholder, as evidenced by the signature on the application form, VISA Card and/or charge/sales slip. These terms and conditions comprise the agreement between UnionBank of the Philippines and the Cardholder, in connection with the Cardholder's EPAYCARD Debit Card. This EPAYCARD Account Agreement is governed by the provision of Bangko Sentral ng Pilipinas and applicable laws in the Philippines, relating to the covered transactions herein. 1. Interpretation 1.1. In these terms and conditions 1.1.1. "Account" means t he EPAYCARD account held or to be held with UnionBank, in the name of a single Cardholder 1.1.2. "Account Currency" means the currency in which the Account is denominated. 1.1.3. "Bank" means UnionBank of the Philippines. 1.1.4. "Card" means a VISA Debit Card, including any renewal or replacement Card. 1.1.5. "Cardholder" means the person having power alone to operate the Account, in accordance with the Bank mandate, in respect thereof. 1.1.6. "PIN" means the personal identification number issued to the Cardholder, from time to time, f or use of the Card. 1.1.7."Password" means the password you use to access the Financial Services at the unionbankph.com website and your EPAYCARD Account through a personal computer or other electronic terminal. 1.1.8. "Transaction" means any cash withdrawal or payment made using the Card, or any refund arising in connection with the use of the Card, in any authorized manner, for debit or credit to the Account. 1.1.9. "Visa" means Visa International. 1.1.10."Working Days" means Monday to Friday inclusive except Bank holidays. 1.2. In t hese terms and conditions, references t o the singular include the plural and vice versa. References to one gender include references to the other gender. The headings used herein are for ease of reference only. 2. The EPAYCARD Account 2.1.The Cardholder is responsible f or all obligations arising out of the ownership and maintenance of an EPAYCARD Account. This includes the amount of any check, draft or other instrument (each, an "Item") deposited to the account and service charges to the account. The losses arising f rom the breach of any representation or warranty made to the Bank or under applicable law, and the costs incurred to enforce the rights or to collect any sum the Cardholder owes t he Bank, including, to the extent permitted by law, reasonable attorney's fees. 2.2. Deposits to Account 2.2.1. The Cardholder authorizes t he Bank to accept cash and Items for deposit to t he Deposit Account, if they are made payable to the Cardholder. The Bank is also given t he authority to deposit wire transfers and other forms of credit (such as direct deposits or other automated clearinghouse entries). Second endorsed checks, post dated and stale checks are not accepted for deposit. 2.2.2. In receiving deposits, except cash, the Bank acts only as a collecting agent and assumes no responsibility beyond the exercise of ordinary care. All deposits are posted to the EPAYCARD Account in Philippine Pesos, subject to the receipt of final payment. If final payment is not received on any Item deposited to the account or if any direct deposit, automated clearinghouse deposit or electronic fund transfer to the account is charged back t o the Bank f or any reason, the Cardholder agrees to pay the amount of the chargeback. The Bank is authorized t o debit the EPAYCARD Account, without prior notice and at any time, for the amount of the returned Item or other deposit, the returned item fee, any interest paid on the deposit, and any other fee paid or loss incurred. The Bank may also use any other legal remedy to recover the amount owed. 2.2.3. The Bank is not responsible for any transactions until t hese have been received and recorded. The Bank is not liable for the default or negligence of duly selected correspondents, or for losses in transit. 2.2.4. Funds f rom electronic payments, such as direct deposits of payroll or electronic benefits and cash deposits the Cardholder makes to the EPAYCARD Account, will be available on the day the Bank receives the payment. 2.3. The EPAYCARD Account earns interest at the rate and compounding frequency shown on the Schedule of Rates and Fees, subject to applicable taxes. 2.4. The Cardholder will provide the Bank with the signature card and other documentation or information that is requested, in connection with the EPAYCARD Account. The Cardholder is required t o update the signature every five (5) years or whenever deemed necessary by the Bank. 2.5. The account will become inactive after a year of inactivity and becomes dormant after 2 years of inactivity. After ten (10) years of continuous inactivity, the dormant account will be escheated in favor of the Philippine Government, in accordance with t he Unclaimed Balances Law. The Bank will have no further liability to the Cardholder for such funds. 2.6. Deposit Insurance 2.6.1. Deposits are insured by the Philippine Deposit Insurance Corporation (PDIC), up to a maximum deposit insurance coverage (MDIC) per depositor’s account. As of June 1, 2009, the maximum coverage amount is Five Hundred Thousand Pesos (P500, 000.00) per depositor's account. 2.6.2. PDIC shall presume that the name appearing on the deposit instrument is the actual/beneficial owner of the deposit, except as provided herein. 2.6.3. In case of t ransfers or break-up of deposits, PDIC shall recognize actual/beneficial ownership of transferees who are qualified relatives of the t ransferor. Qualified relatives are transferees within the third degree of consanguinity or affinity of the transferor. 2.6.4. In case of (a) deposits in t he name of, or transfers or break-up of deposits in favor of, entities, either singly or jointly with individuals, and (b) transfers or break-up of deposits in favor of non-qualified relatives, whenever such transfers/ break up will result in increased deposit insurance coverage, PDIC shall recognize beneficial ownership of the entity or transferee, provided that the deposit account records show the following: a. Details or information establishing the right and capacity or the relationship of the entity with the individual, or b. Details or information establishing the validity or effectivity of the deposit transfer, or c. Copy of Board Resolution, order of competent government body/ agency, contract or similar document as required/ provided by applicable laws. 2.6.5. In the absence of any of the f oregoing, PDIC shall deem the outstanding deposit as maintained for the benefit of the transferor, although in the name of the transferee, subject to consolidation with t he other deposits of the transferor. 2.6.6. PDIC may require additional documents from the depositor to ascertain the details of the deposit transfer or the right and capacity of the transferee or his relationship to the transferor. 3. Financial Services The Bank offers the f ollowing types of Financial Services f or an EPAYCARD Account through available channels: 3.1 Internet Banking via unionbankph.com website and Mobile Banking via uMobile mobile application. 3.1.1 View the Current Balance, Available Balance and Transaction History 3.1.2 Transfer the f unds from t he EPAYCARD Account t o the Cardholder’s other enrolled accounts or to third party accounts within the Bank. The Bank will effect the online fund transfer provided there are sufficient f unds available in the EPAYCARD Account. The Cardholder will be responsible for informing t he third party account holders of t he transfer made. The transfers are irrevocable once effected. 3.1.3. Pay the bills from the EPAYCARD Account to institutions with which the Bank has collection agreements. 3.1.4. Terms Relating to Goods and Services Purchased using Electronic Transfers. 3.1.4.1. No Liability. The Bank will not be responsible, in any way, for any goods or services the Cardholder decides to purchase, including and without limitation, t heir quality, safety, legality or delivery. The Bank will not become involved in any dispute involving such goods or services. The Cardholder also agrees to hold free and harmless and release the Bank and its respective directors, officers, employees and agents from any and all claims, demands and damages between persons using the Financial Services of unionbankph.com, including any claims, demands or damages arising out of or related to the purchase or sale of goods or services. 3.1.4.2. Charges and Taxes. The Cardholder is responsible f or paying any and all charges and/or taxes which may be imposed by the Bank and the proper authorities, respectively, arising from the availment of the services and products under the EPAYCARD Account. 3.2 SMS Alert 3.2.1 The Cardholder agrees that UnionBank may send or communicate with you through text messages (SMS) through your SMS-enabled cellular phone f or specific prompts, reminders and notices from time to time concerning available Account information and other matters relating to your Accounts with UnionBank. 3.2.2 The Cardholder acknowledges and accepts t hat each SMS may be sent without being encrypted and may include some information pertaining to your Account(s). I t is the Cardholder’s responsibility to ensure the security of such cellular phone and t o hereby hold UnionBank free and harmless against any and all liability, administrative, civil or criminal, including, but not limited to those relating t o secrecy laws or regulations (if any), should any SMS Alerts be viewed or accessed by persons other than you. 3.2.3 The Cardholder hereby agrees that UnionBank does not guarantee the delivery or accuracy of any SMS Alert which are purely f or convenience, information and notification purposes only. The Cardholder shall be f ully responsible t o monitor the due perf ormance and compliance of needed obligations.

4.1. The Cardholder will be given an ATM card that is linked with the EPAYCARD account. The Card belongs to the Bank and any authorized officer, employee, associate or agent of the Bank may retain the Card, require the Cardholder to return the Card or suspend the use of the Card at any time in its absolute discretion. The Bank shall not be liable for any loss or damages suff ered by the Cardholder as a result thereof. 4.2. The Card will not become valid or operational until the Cardholder acknowledges receipt of the Card by signing on the appropriate Bank documents. The Card is only valid for t he period shown on it and must not be used outside that period or if the Bank has required, by notice in writing to the Cardholder, that it be returned to the Bank. When the period of validity of a Card expires, it must be destroyed immediately by the cardholder by cutting it in half through the magnetic strip. 4.3. The Cardholder must take all reasonable precautions to prevent unauthorized use of the Card, including, not allowing anyone else to use the Card and telephoning the Bank, in accordance with paragraph 4.2 above, to immediately acknowledge receipt of the Card. 4.4. If the Card is lost or stolen, the Cardholder, or any other person acting on behalf of the Cardholder, shall immediately notify the Bank or the Visa Customer Assistance Service by t elephoning the card number(s) and inf ormation of the Cardholder and t he Cardholder must , in addition, immediately notify relevant law enforcement agencies. The Cardholder must confirm the loss of the Card. Request of card replacement shall be coursed through the maintaining branch. 4.5. The Cardholder must cooperate with any officers, servants, employees, associates or agents of the Bank and/or law enf orcement agencies in any efforts to recover the Card, if it is lost or stolen. The Bank may disclose information about the Cardholder and the Account if the Bank thinks it will help avoid or recover any loss to the Cardholder or the Bank resulting from the loss, theft, misuse or unauthorized use of the Card. 4.6. If the Card is f ound after the Bank has been given notice of its loss or thef t, the Cardholder must not use it again. The Card must be cut in half, through the magnetic strip. 5. The PIN An ATM PIN will be issued to the Cardholder. All reasonable precautions must be taken to avoid unauthorized use, including destroying the PIN mailer issued by t he Bank promptly after receipt, never disclosing the PIN to someone else, never writing the PIN on the Card or any other item normally kept with the Card, never writing the PI N in a way that can be understood by someone else and immediately notifying t he Bank if someone else knows or is suspected of knowing the PIN. The Bank recommends that you regularly change your PIN. 6. Card Facilities 6.1. The Cardholder may use the Card, in conjunction with the PIN, to withdraw money f rom automated teller machines that accept the Card when t hey are operating. The amount of money to be withdrawn by the Cardholder shall be debited to the Account. ATM withdrawals are available up to the daily authorization limits specific to members of the Bank's service network(s), provided that the available balance is greater than the amount requested. 6.2. The Card may be used to purchase goods and services from merchants t hat participate in the service network and have agreed to accept the Card as a means of payment by signing a sales voucher, by entering the Card information on the Internet, by signing a mail order purchase f rom showing the number printed on the Card or by placing an order by telephone and quoting the number printed on the number printed on the Card. Purchases made with the card are referred to as point-of -sales (POS) transactions, and will be charged against the EPAYCARD Account. 6.3. The Bank may also refuse to allow any withdrawals, without liability to the Cardholder, if there is a concern that one or more transactions on the account may have been unauthorized or f raudulent. If there is a dispute concerning the EPAYCARD Account that makes the Bank uncertain regarding the instructions that have been given, the EPAYCARD Account is garnished or attached, the EPAYCARD Account has been pledged as collateral f or a debt, t he availability of the funds on deposit cannot be verified, any required documentation has not been presented, or the Cardholder has f ailed to repay an obligation to the Bank on time. 6.4. In addition to t he amount of all Transactions, certain charges will be debited to the Account as provided for herein. 7. Charges 7.1. The Bank shall charge a f ee to the Cardholder with respect to each cash withdrawal made using the Card for which a charge is levied by Visa, Megalink, and Bancnet, in accordance with the Bank's schedule of fees from time to time in force. 7.2. The Cardholder agrees to pay the charges, as shown on the Schedule of Rates and Fees. As these charges are incurred or, at the Bank's option, the charges shall be deducted directly from your EPAYCARD Account balance. The Bank shall not be liable for the dishonour of Items or other debits resulting f rom the deduction of any charges, as authorized by the acceptance of these terms. 7.3. The Bank shall convert the amount of every Transaction made in a different currency to the Account Currency. The Bank shall make the conversion based on the VISA Foreign Exchange rate at the time of the transaction. If the Account Currency is in Philippine Pesos and the Cardholder uses his Card outside the Philippines, the transaction shall be converted to its Philippine Peso equivalent, based on the VISA Foreign Exchange rate at the time of the transaction. Similarly, if the Account Currency is US Dollars and the Cardholder uses his/her Card at a Philippine peso-denominated, VISA affiliated merchant, the transaction amount will be converted to its US dollar equivalent, based on the prevailing VISA Foreign Exchange rate, at the time of the transaction. 7.4. The Cardholder shall be charged in respect of every withdrawal Transaction made in a currency other than the Account Currency with respect to the conversion of the amount of the transaction into the Account Currency, in accordance with the Bank's schedule of fees f rom time to time in force. The following transaction fees shall be imposed on all ATM transactions of the Cardholder outside the Philippines: 7.4.1. US $3.00 for every ATM transaction approved; 7.4.2. US $1.00 for every ATM balance inquiry; 7.4.3. US $1.00 for every ATM transaction declined for reasons such as insufficient funds and/or exceeds the daily transaction frequency 7.5. If the Card is lost or stolen, the Cardholder or any other person acting on behalf of the Cardholder, will pay card replacement fee of Php 150.00. 8. General 8.1. The t otal amount of any Transactions carried out in any one day shall be limited to such amounts and by such other conditions, as shall be notified by electronic means or in writing to the Cardholder, by the Bank, from time to time, with effect from the date of such notice. 8.2. The Bank will issue a Card only if t he Cardholder has completed an application form and it has been accepted by the Bank, or if the Bank, at its discretion, is replacing or renewing a Card. 8.3. The Cardholder is not authorized to enter into Transactions using the Card to a value in excess of the credit balance (if any) of the Account. 8.4. If the Bank is asked to authorize a Transaction, t he Bank may take into consideration any other Transactions which have been authorized but which have not been debited to the Account (and any other transactional activities upon the Account). If the Bank determines that there are or will be insufficient available funds in the Account to pay the amount t hat would be due in respect of such Transaction, the Bank may, in its own absolute discretion, refuse to authorize such Transaction, in which event, such Transaction will not be debited to the Account. The Bank shall not be liable for any loss or courses of action resulting from any such refusal to authorize any Transaction. 8.5. The card shall not be used as payment for an illegal purchase. 9. Termination 9.1. The Cardholder agrees to notify t he Bank of any intention to close the EPAYCARD Account. The Bank reserves the right to request that the notice be in writing that affirmatively acknowledges that closing the account could affect the receipt of Financial Services. 9.2. The Bank may also initiate account closing if any of the following scenarios happen: 9.2.1. EPAYCARD kits unclaimed beyond the prescribed period 9.2.2. Automatic closure for accounts with insufficient balance to pay corresponding bank charges 9.2.3. Fraudulent transactions 9.3. After an EPAYCARD Account is closed, the Bank has no obligation to accept deposits or pay any outstanding Items or other debits. The Cardholder agrees to hold the Bank harmless f or refusing t o honor any Item, credits or other debit on a closed account. 9.4. The Agreement comprised in these terms and conditions shall be deemed to remain in full force and effect if and in so far as any Transaction is completed but not debited to the Account prior to termination thereof. 9.5 Upon Cardholder’s resignation from his company, the EPAYCARD Account will be reclassified as a personal account and be subject to service charges. 9.5. Termination of the Agreement comprised in these terms and conditions shall not prejudice any liability in respect of things done or omitted to be done prior to termination thereof.\\ 10. Miscellaneous 10.1. The Bank shall not be liable to the Cardholder for any loss suff ered as a result of the Bank being prevented from or delayed in providing any banking or other services to the Cardholder due to strikes, industrial action, failure of power supplies, systems or equipment or causes beyond the Bank's control. 10.2. These terms and conditions and the banking practices and charges relating thereto may be changed by the Bank at any time by notice thereof to the Cardholder. Any such changes will be effective from the date of the notice or such later date as may be specified therein. 10.3. The Bank may, f...