DEFINITIONS
Throughout this Agreement where the context so requires, the singular includes the plural and vice versa, and the masculine the feminine and neuter. "You" and "your" refer to the Cardholder and the following terms have the following meanings:
Automated Banking Machine (ABM), also known as Automated Teller Machine (ATM): Electronic terminal used by consumers to access financial services provided by the financial institution(s) that hold(s) their account(s).
Bill Payment Register: Designated Third Party Company bank account numbers to which the Cardholder may direct payment.
BankCard Centre: The St Kitts- Nevis- Anguilla National Bank Ltd. Card Services Office.
Cardholder / you: The customer, to whom the National Bank Debit Card is issued.
Designated Bank Accounts: - means those accounts which can be accessed through an ABM or point-of-sale device or by other electronic devices defined by the Bank from time to time.
Designated Third Party Company: Any additional companies as notified to the Cardholder from time to time by the Bank including utility companies, telephone companies, cable TV and other service providers.
Gender: Male or Female.
Personal Identification Number (PIN) also known as an electronic signature: A secret code intended for the sole use of a cardholder. The pin is used in conjunction with a debit card to confirm the identity of the card holder and to authorise debit card transactions at ABMs.
Point of Sale Terminal: an electronic terminal used by cardholders to pay for goods or services at retail or service outlet.
Point of Service Terminal: an electronic terminal, incorporating a card reader and PIN pad, used to make debit card transactions. An automated bank machine is an example of a point service terminal.
Debit Card: A card with electronically readable data that is used to confirm the identity of the cardholder to authorise debit transactions
The Card: The National Bank International VISA Debit Card issued to you, the Cardholder, under the terms and conditions set out herein.
You warrant to the Bank that you are over the age of eighteen (18) years and further agree as follows:-
I. JOINT ACCOUNTS: - Where a designated bank account requires dual signatures to operate the account, all signatories to the
II. THE CARD
ii. The Card shall remain the property of the Bank at all times and shall be returned to the Bank by you on demand.
iii. The Card may be retained and not returned it to you, by the ABM, point-of-sale device or a merchant. You acknowledge that such
restrictions and programmes are provided for your protection, the merchant or the Bank against wrongful use of the Card. The Bank will not be liable for any loss or damage whatsoever incurred by or as a result of the retention of the Card.
iv. The Card is valid for use at any ABM operated in the Federation or worldwide where the ABM carries the "Plus" Logo. The card is also valid for use at points-of-sale where merchants are authorised to accept cards bearing the VISA logo. The Card shall be used solely by you and all transactions done using the Card shall be deemed to be transacted by you unless accepted by the terms of this Agreement.
You will hold harmless and indemnify the Bank against any loss, injury or damage occasioned by the use of the Card by any person not authorised under this Agreement to use it.
v. The Bank may in its absolute discretion
a. cancel; or
b. refuse to renew or replace the Card at any time without notice to you.
vi. You shall use all reasonable precaution to prevent the loss, theft or destruction of the Card and undertake to verbally notify the BankCard Centre immediately of such loss, theft or destruction and the circumstances thereof and further to confirm in writing such loss, theft or destruction and the circumstances surrounding the same within 24 hours of any such occurrence and until and unless the BankCard Centre receives such notice the Cardholder shall be liable for any transaction to the account accessed by the Card which is the subject of the notice.
i. You may, subject to the availability of the system, execute the following transactions:
and the devices through which they may be accessed. By using these services, you agree to be bound by the rules herein so far as they are
applicable to the new services and by any additional rules.
i. Where a designated bank account requires dual signatures to operate an account, all account holders must accept the terms and conditions
i. You shall be required to maintain at all times on all designated bank accounts a cash balance equal to or in excess of the amount being
III. THE PIN
i. You shall enter your PIN in order to use the VISA network of ABMs and the Bank's ABM Network.
ii. You are responsible for the care and safety of the card and your PIN.
iii. You shall memorise the PIN in order to prevent the misuse of the Card. You will keep your PIN confidential; secure from all persons
without exception and apart from the card at all times.
iv. You agree not to allow anyone to gain access to the services facilitated by the use of the Card through your PIN, and agree to assume
responsibility for all transactions initiated through the use of your PIN and to hold the Bank harmless from unauthorised use.
v. You will notify us immediately by telephone and in writing of the loss, theft or unauthorised use of the card and or PIN.
IV. Your liability will cease only when the Bank receive notice of such loss theft or unauthorised use.LIMITATION FOR AUTHORISED & UNAUTHORISED USE OF THE CARD
i. You are responsible for all debts, withdrawals and account activity resulting from:
a. Authorised use of the card by persons by persons to whom you made the Card and or PIN available.
b. Unauthorised use of the card and or PIN where you have made available for use the card and PIN by keeping them together in such a manner as to make them available for use , until we have received notice of loss theft or unauthorised use.
ii. You will be considered as contributing to the unauthorised use of the card and / or PIN and will be fully liable for all debts, withdrawals and account activity where:
a. The PIN that you have selected is the same as or similar to an obvious number combination such as your date of birth, bank account or
telephone numbers.
b. You write your PIN down or keep a poorly disguised written record of your PIN, such that it is available for use with your card.
Until such time as you notify us of the loss or theft or unauthorised use of the card and PIN, you will be liable for all withdrawals.
V. TRANSACTIONS.
a. balance inquiries on all Associated Accounts;
b. transfers between local currency (EC$) accounts, that is to say,
• savings accounts to current accounts;
• current accounts to savings accounts;
• bill payments from savings accounts or current accounts to all designated Third Party Entities and bank loan accounts;
c. obtain cash; and
d. make purchases
ii. You may use the Card to make payment for goods and services at any participating merchant where the merchant has the facility and is
authorised to accept the Card.
iii. You may use the Card and PIN to utilise other services as may be provided by the Bank and which may be or become accessible through the ABM or other device introduced by the Bank, or at point-of-sale.
iv. New Services. The Bank may from time to time introduce new services. The Bank will notify you of the existence of these new services
VI. JOINT ACCOUNTS
laid out in this agreement by signing the NATIONAL BANK DEBIT CARDHOLDER application form ALL account holders will be
jointly and severally liable for transactions effected on the account whether each account holder is a Cardholder or not.
ii. Where a designated bank account has multiple signatories, all signatories will be jointly and severally liable for transactions effected on the
account whether each account holder is a Cardholder or not.
VII. MAINTAINING BALANCES
withdrawn on any transaction plus all applicable transaction fees, and you hereby charge the said cash balance to the Bank as security for
the repayment of any unauthorised credit that may be obtained by you through an ABM, a point-of-sale device or other device introduced
by the Bank. The provision does not apply to designated bank accounts upon which credit facilities have been established under the terms of
a Debit Card Credit Line Facility Agreement.
ii. You shall be required to operate all designated bank accounts upon which credit facilities have been established within the credit limit
established by the NATIONAL BANK Debit Card Credit Line Facility Agreement and shall ensure that the amount being withdrawn on
any transaction plus all applicable transaction fees fall within that credit limit.
iii. If any designated bank account exceeds its available credit, you shall take immediate steps
a. to put the account in credit; or
b. to bring the balance on the account within the available credit limit
Whichever is applicable, and you will pay the Bank's normal service charge based on the Cardholder's agreement with the Bank in respect
of the overdrawn designated bank account.
iv. The Bank reserves the right to decline or refuse any transaction where both the relevant fee and the sum being withdrawn cannot be
accommodated at the time the transaction is executed.
i. You shall be permitted, in any twenty-four (24) hour period, to make cash withdrawals from any ABM up to a fixed maximum amount
i. It is understood and agreed that all deposits made or payments requested after normal banking hours shall be deemed to have been made or
i. You shall receive a receipt for each transaction made at an ABM or point-of-sale device with the Card. You must retain these receipts in
i. The Bank shall not be liable to you, the cardholder, for the operational failure of any Participating ABM or point-of-sale device or for any
i. You will immediately notify the BankCard Centre in writing of any address changes and until such notice is received by the BankCard
VIII. TRANSACTION LIMITS
established by the Bank from time to time.
IX. POSTING OF TRANSACTIONS
requested on the next business day following that on which the said deposit or payment was made or requested.
X. RECEIPTS
order to facilitate the easy reconciliation of your transactions on your bank statements. In cases of questions about any transaction, you shall
contact the Bank as soon as possible, provided that in respect of disputed transfers or disputed payments from your account, you must
submit written notification thereof to the Bank within 60 calendar days from the date of the relevant transaction.
ii. Our records as to whether an automated banking service has been performed and our determination of the details of the transaction will be
considered correct and binding on you, unless you provide us with evidence to the contrary within 60 days of the date of a disputed
transaction.
iii. If you fail to effect written notification within the said period the Bank shall not be liable for any loss arising from the disputed transaction
nor shall the Bank be liable to reverse or refund the effect of any such transaction including interest and transaction fees accruing or charged
thereon.
XI. FEES AND CHARGES
You agree to pay and we may deduct, without notice, from any of your accounts (even if this creates or increases an overdraft):
i. The transaction charges imposed by other financial institutions (inside or outside of the Federation) for each transaction conducted through
their ABMS or direct payment terminals in which the card or PIN has been used.
XII. FORCE MAJEURE
injury, loss or damage howsoever arising whether from criminal activity or otherwise suffered by the you in the use of the ABMs or
point-of-sale devices or on or near premises housing same, nor shall the Bank be liable for any unauthorised use of the Card or for any
loss resulting from circumstances over which the Bank has no direct control including but not limited to your failure to input complete and
accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems,
operator error, log in sequences, severe weather, earthquakes, flood or other acts of God.
ii. In no event will the Bank be liable for damages in excess of your actual loss due to its failure to complete a transaction and the Bank will
not be liable for any indirect, incidental or consequential damages.
iii. Where you agree with any merchant to have the Card charged periodically for any good or service provided by the merchant or otherwise,
you wholly accepts the risks and consequences thereof including but not limited to part payments or late payments, and the Bank shall not
be liable for any loss arising as a result of such part payment, late payment or otherwise.
XIII. CHANGES
Centre all notices mailed to your last known address will be effective as though received.
XIV. CANCELLATION
i. You may cancel the Card upon giving the Bank ten (10) days written notice of such intended cancellation and such notice shall only be
effective if it is accompanied by the Card.
XV. HEADERS
i. Headers used in this Agreement are for convenience only and do not form a part of the Agreement and will be wholly disregarded in
construing the Agreement.
XVI. REVISION OF TERMS
i. The Bank may amend or revise in whole or in part these conditions at any time in its absolute discretion and may give you, the
Cardholder, notice of any such amendment or revision and such notice shall be sufficient if the Bank notifies you that revisions have been
made and gives instructions as to how to obtain a copy of such revisions. The revised conditions shall be effective on the date specified by
the Bank. Your continued use of the Card after the effective date of such revision will constitute your acceptance of the revisions.
XVII. DISCLOSURE
i. The Bank will disclose information to third parties about your account in the following circumstances:-
a. in order to verify the existence and condition of the account for a merchant;
b. to verify mailing and shipping addresses;
c. in order to comply with Court Orders; or
d. if the Cardholder gives the Bank written permission;
e. in accordance with any Laws or regulations prescribed by any statute, authority, statutory body or other institution governing the same
in the Federation.
XVIII. WAIVER.
i. No neglect or forbearance or omission on the part of the Bank to take advantage of or to enforce any rights arising out of any breach or
non-performance or non-observance of any of the terms, conditions or obligations herein contained shall be deemed to be or be taken as
a general waiver of any such right arising out of any such breach or non-performance or non-observance either original or recurring.
XIX. USE IN ANY JURISDICTION.
When you use the Card in the Federation, or in any jurisdiction outside of the Federation ("a foreign Jurisdiction"), you agree to use the
Card in compliance with the laws of that jurisdiction.
i. You will not use the Card for any illegal purpose or in the commission of any act made criminal in any
ii. Jurisdiction in which the Card is used.
XX. GOVERNING LAW
This Agreement shall be governed by the laws of the Federation.
XXI. LEGAL ACTION
i. In the event that you default on any of the terms of this Agreement, and this Agreement is handed to a Solicitor for collection or other
remedy applicable under this Agreement, you will pay all consequential Solicitor's costs and Court costs in the matter.
XXII. NOTICES.
i. All notices required to be served upon the Bank shall be well and sufficiently served if -
ii. sent by prepaid post addressed to the Bank at its last known place of business in the Island of Saint Christopher; or
a. sent to the Bank by fax; or email
b. delivered to the Bank by hand
and the Bank will be deemed to have received the notice only after
the notice shall have actually been received by the Bank.
iii. All notices required to be served upon the BankCard Centre shall be well and sufficiently served if -
iv. sent by prepaid post addressed to the BankCard Centre at its last known place of business in the Island of Saint Christopher; or
a. sent to the BankCard Centre by fax; or
b. delivered to the BankCard Centre by hand and the BankCard Centre will be deemed to have received the notice only after the notice
shall have actually been received by the BankCard Centre.
v. All notices required to be served upon you shall be well and sufficiently served if sent by prepaid post addressed to your last known
address and you will be deemed to have received any notice sent by mail fourteen (14) days after posting.
XXIII. WHOLE AGREEMENT
i. This is the whole of the Agreement between the parties and this Agreement can only be altered by agreement in writing signed by the
parties hereto.
ii. By signing the NATIONAL BANK DEBIT CARD AGREEMENT, you warrant that you have read and understood the terms and
conditions hereof and accepted them.