MKB BANK PLC.

BUSINESS RULES

FOR ACCOUNT MANAGEMENT,

DEPOSIT SERVICES

AND RELATED SERVICES

Budapest, 2 March 2020

The amendments in bold red font were published on 13 September 2019. The amendments published on 30 December 2019 have been printed in bold blue font.

The English translation of these Business Rules has been prepared with the

best care and intention for the convenience of customers. In case of any

conflict between the present translation and the Hungarian text, the latter

shall prevail

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I. GENERAL PROVISIONS 8

1. Scope and Modification of the Business Rules 8 1.1. Scope of the Business Rules 8 1.2. Modification of the Business Rules 10 1.3. Consideration for the service provided by the Bank, List of Terms and Conditions and its

modification 12

2. Representation, disposal over payment accounts 13 2.1. Representation 13 2.2. Disposal over payment accounts 14 2.3. Provisions concerning signature registration forms filed before 11 April 2018, the

“Declaration on Authorised Persons” form, the signature registration form and the biometric

signatures. 16

3. Customer Due Diligence Rules 17 3.1. Customer due diligence and identification and verification of personal identity during the

business relationship 17 3.2. Documents of identification in case of natural person Customers 18 3.3. (Official) documents of identification in case of non-natural person Customers 18 3.4. Customer Due Diligence in the case of PEP 19 3.5. Rules of disclosing the identification data and the beneficiary owner 20 3.6. Customer Due Diligence measures performed by other service providers 22

4. Cooperation, Information, Data Management, Contract, 22

Form of Legal Declarations 22 4.1. Cooperation 22 4.2. Notices 23 4.3. Obligation to provide information 25 4.4. Data processing and data protection, customer data recorded by the Bank 26 4.5. Providing the Customer with Banking Information 31 4.6. Transfer of data to the Central Credit Information System (Központi Hitelinformációs

Rendszer, KHR) 31 4.7. Contract, Form of Legal Declarations 33

4.7.4. An audited electronic communication device is an electronic real-time image and voice

transmission system suitable for remote customer due diligence through an electronic data

transmission channel, the interpretation and safe storage of declarations made by the

Customer, and the retrieval and checking of the stored data. 33

5. Orders and performance of orders 34 5.1. Acceptance of orders 34 5.2. Performance, Offsetting 35 5.3. Verification of funds, Queuing 36 5.4. Modification and withdrawal of orders 38 5.5. Withholding of services 39 5.6. Involvement of an intermediary 39 5.7. Outsourced Activities 39 5.8. Invoices, summary invoice, accounting certificate 41

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6. Liability 41

7. Conclusion, termination of agreements, settlement, assignment 42

7.1. Conclusion, cessation and termination of the contract and time required by the Bank for processing the

cessation 42 7.2. Termination 43 7.2.3. The right of either party to terminate an agreement with immediate effect shall be

deemed well founded if the other party has failed to co-operate and/or to meet its obligation

to provide information and/or to supply data or its payment obligations due under the

agreement for the provision of banking services. The Bank may also exercise the right of

termination with immediate effect if the Customer severely breaches any of its agreements

made with the legal entities specified in Section 4.4.7 or if the activity of the Customer

severely violates or endangers the interests and good reputation of the Bank (also including

if the Customer1s activities prevent or render impossible compliance with applicable law by

the Bank). 43 7.3. Settlement upon termination 44 7.4. Assignment 44 7.5. Assignment of Rights 44

II. GENERAL PROVISIONS RELATED TO PAYMENT SERVICES 45

8. Payment Service Types and Their Characteristics 45 8.1. Types of Payment Services Provided by the Bank 45 8.2. Definitions 45 8.3. Obligation to provide information, rules of notification and communication 47 8.4. Payment order 49 8.5. Approval and correction of payment transactions 50 8.6. Reimbursement 50

9. Rues of responsibility 51 9.1. Responsibility for using unique identifier 51 9.2. Recovery of the amount of the payment transaction 52 9.3. Liability for defective performance 52 9.4. Exemption from liability 53

III. PROVISIONS RELATED TO BANK ACCOUNTS 53

10. Payment account agreements and related orders 54 10.1. Payment account services 54 10.2. Orders related to payment accounts 55 10.3. Disposition for the event of death 55 10.4. Performance of orders related to payment accounts 55 10.5. Refusal of performance 56 10.6. Closure of payment accounts and termination of payment account agreements 58 10.7. Interest on amounts deposited in payment accounts, fees and commissions 58 10.8. Special provisions relating to certain payment accounts and international money

transfers 59

IV. DEPOSIT SERVICES 65

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11. Deposit agreements 65 11.1. Orders for placing fixed deposits 65 11.2. Termination of the deposit agreement 67 11.3. Deposits blocked for specific purposes 67

12. Calculation of Interest 68 12.1. Interest 68 12.2. Calculation and Payment Date of the Interest on Deposits 68

13. DEPOSIT INSURANCE 69 13.1. Insurance of Deposits 69 13.1. Deposits insured by OBA 69

V. PROVISIONS RELATED TO CASH SUBSTITUTE PAYMENT INSTRUMENTS

AND CUSTOMER AUTHENTICATION 74

14. General Provisions 75 14.1. Cash substitute payment instruments made available by the Bank 75 14.2. General rules of supplying cash substitute payment instruments 75 14.3. General rules of use 76 14.4. Service fee and its payment 77

15. Obligations of the Customer 79

16. Reporting obligation and blockage 80

17. Rules and limitation of liability 81

18. Bank card services 84 18.1. Bank cards and their special types 86 18.2. Applying for a bank card 87 18.3. Delivery of the bank card 88 18.4. Termination of the agreement 88 18.5. Business cards, partner cards 89 18.6. (Section 18.6 has been deleted) 89 18.7. General rules for the use of bank cards 90 18.8. Personal identification number (bank card PIN code) 91 18.9. Expected Conduct of the Card Holder 91 18.10. Rules of cash withdrawal 92 18.11. Purchase with bank cards 93 18.12. Card Payment Slip 94 18.13. Purchase on the Internet or by the telephone 94 18.14. Spending limits 96 18.15. Settlement of spent amounts, method of calculating the exchange rate, fees and

commissions 96 18.16. Unauthorised use of bank cards 97 18.17. Reporting obligation 98 18.18. Stoppage of the bank card 98 18.19. Liability for damages related to the bank card 99 18.20. Replacement cards and temporary cards 99 18.21. Rules of using PayPassTM Cards 99

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19. Credit Cards 100 19.1. General provisions concerning credit cards 100 19.2. Application for a credit card 101 19.3. Utilisation of the credit 102 19.4. Repayment 103 19.5. Payment arrears 104 19.6. Termination of the credit card agreement 104

20. TeleBANKár and Call Center services 105 20.1. Term definitions 105 20.2. Use of the TeleBANKár service 106 20.3. Amendment of the limit amount 106 20.4. Use of the telephone PIN 106 20.5. Performance 107 20.6. Liability 108

21. MobilBANKár service 110 21.1. Use of the MobilBANKár service 110 21.2. Suspension of performance, interruption of operation 111 21.3. Notification 111 21.4. Liability 111 21.5. Modification of the Service 112

22. NetBANKár, NetBANKár Business, EFER and MKB Mobilbank Services 112 Unless these Business Rules specifically provide otherwise, the provisions of the

NetBANKár service shall be applied to the NetBANKár business service. 112 22.1. Use and scope of the NetBANKár service 112 22.2. Identification code and identification tool 113 22.2.3. It is the duty of the Customer and/or the User(s) to safe-keep the personalised

security credentials, thus in particular, the identification code or the identification tool, and

the Customer shall be liable for any damage arising from disclosing to, or sharing the

identification code or tool with a third person in any way, if it is ascertainable that the

Customer’s wilful or grossly negligent act contributed to the occurrence of the damage. 114 22.3. Performance 114 22.4. Notification and the Suspension of the Services 115 22.5. Liability 115 22.6 EFER (Electronic Payment Settlement System, EPSS) service 115

23. PCBankár and EFER Services 117 23.1. Use and scope of the PCBankár Service 117 23.2. Customer identifier 117 23.3. Performance 118 23.4. Rules of using the system 119 23.5. Cost bearing, fees 120 23.6. Notification and the Suspension of the Services 121 23.7. Liability 121 23.8. Termination of the agreement 122 23.9. EFER Service 122

VI. SERVICE PACKAGES 123

24. General Provisions 123

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25. Use of service packages 123

26. Fees, charges and their payment 123

27. Liability 123

28. Termination of the agreement 124

VII. SAFE DEPOSIT BOX RENTAL 124

29. General Provisions 124

30. Use of the Safe Deposit Box Rental Service 124 30.1. Right of Disposal over the Safe Deposit Box 124 30.2. The Bank’s obligations 125 30.3. Use of the Key and Magnetic Card 125 30.4. Regulations with Regard to the Use of the Safe Deposit Box 126

31. Rental fee and Payment 126 31.1. Rental fee 126 31.2. Rent payment 126

32. Liability and Insurance 127 32.1. Liability 127 32.2. Insurance 127

33. Termination of the Agreement and the Opening of the Safe Deposit Box 128 33.1. Termination of the Agreement 128 33.2. Proceedings Related to the Opening of the Safe Deposit Box in the Absence of the

Customer 128

VIII. CLOSING PROVISIONS 129

34. Governing Law and Dispute Resolution 129

35. Operating licence 131

36. Entry into force 131

APPENDIX 1 132

MKB BANK BUSINESS RULES FOR BANK ACCOUNT MANAGEMENT, DEPOSIT

SERVICES AND RELATED SERVICES 132

Appendix 2 134

MKB Bank Plc. Business Rules for Bank Account Management, Deposit Services and Related

Services 134

Appendix 3 135

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MKB Bank Plc. Business Rules for Bank Account Management, Deposit Services and Related

Services 135

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I. GENERAL PROVISIONS

1. Scope and Modification of the Business Rules

1.1. Scope of the Business Rules

1.1.1. Chapters I. and VIII. of these Business Rules contain the general contracting terms and

conditions of all financial services and auxiliary financial services as well as investment

services and auxiliary investment services provided by MKB Bank Plc. (hereinafter: ‘Bank’),

the remaining chapters contain the payment services of the Bank (including bank account

management and services related cash substitute payment instruments), and the general

contracting terms and conditions of the legal relationship between the individual using the

deposit service and safe deposit box rental service (hereinafter: ‘Customer’) and the Bank.

Within the meaning of payment services, the payer and the payee, as well as the person

authorised to dispose over their payment account for the purpose of authentication shall also

be regarded a Customer.

1.1.2./A. The Bank provides financial and auxiliary financial as well as investment and auxiliary investment services to its Customers pursuant to specific contracts concluded for such purposes. The individual contracts and the receivables arising from them between the Bank and the Customer may be managed and recorded either in accounts reflecting the legal nature of these contracts (deposit, custody, loan, securities contract, etc.) or in a payment account opened pursuant to the Customer’s framework contract for payment services. 1.1.2/B As part of the financial service, the provision and utilisation of the payment services

form the basis of the relationship between the Bank and the Customer, therefore – with

specified exceptions - when the business relationship is established the contracting parties

conclude an agreement for payment services (hereinafter: ‘Framework Contract for Payment

Services’, Hungarian acronym: ‘PSZSZ’).

1.1.2/C. The Framework Contract for Payment Services also functions as a framework contract

for payments, based on which the Bank opens one or more payment account(s). The

Framework Contract for Payment Services shall contain the method and conditions of utilizing

the payment services, including the main conditions of payment orders and transactions, as

well as the rules of opening and managing the payment account.

1.1.3. The “legal relationships falling within the scope of the old Civil Code” refer to all legal

relationships to which the provisions of the legal regulations, effective prior to 15 March 2014

shall be applied pursuant to Act CLXXVII of 2013 (Hungarian abbreviation: ‘Ptké.’) on the

temporary and authorising provisions relating to the entry into force of Act V of 2013 on the

Civil Code.

1.1.4. Wherever any business rule, agreement or other banking document refers to a ‘bank

account’ in the legal relationship of the Bank and the Customer, it shall mean the payment

account.

1.1.5. Specific Contracts for Payment Services

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a) The contracts relating to the framework contract for payment services and for services

related to cash substitute payment instruments shall come into force when the Bank

accepts the application form, indispensable for using these services, duly completed

by the Customer.

b) The deposit contract is created in the form of a separate deposit contract or, in the

absence thereof, based on the confirmation of the acceptance by the Bank of the

Customer’s deposit fixing order.

c) The parties conclude a separate agreement on credit operations according to the

provisions in the Business Rules for Retail Credit Operations and the Business Rules

for Corporate Credit Operations.

d) In accordance with the provisions hereunder the parties shall conclude a separate

agreement with regard to safe deposit box rental.

e) The provisions, other than the general provisions pertaining to credit agreements

concluded with customers classified as consumers pursuant to the definitions of Act V

of 2013 on the Civil Code (Hungarian abbreviation: ‘Ptk.’), and Act CCXXXVII of 2013

(Hungarian abbreviation: ‘Hpt.’) on credit institutions and financial enterprises are

contained in Sections 8, 8/A, 8/B, 8/C and 8/D of the Business Rules for Retail Credit

Operations.

1.1.6. The terms and conditions set out in each agreement (on the application form, deposit

fixing order approved and confirmed by the Bank), in the Business Rules, the List of Terms

and Conditions and the General Terms of Contract shall jointly constitute the system of

contractual terms and conditions between the Bank and the Customer, and the rights and

obligations of the Customer and the Bank are defined by the contents of all those documents.

1.1.7. The Bank informs its Customers that the President of the Banking Association issued

the recommendation on the ‘conduct of financial organisations towards their customers and

partners’, which entered into force on 1 January 2016 and is also applicable to the Bank. The

text of the recommendation is accessible on the website of the Hungarian Banking Association,

www.bankszovetseg.hu.

1.1.8. The rules and process of bank and retail bank account switching regulated in

Government Decree No. 263/2016 (VIII.31.) are set out in the Bank Switching Guide published

on the Bank’s website (www.mkb.hu) and made available to the Account Holder by the Bank

at any branch.

1.1.9. For the purposes of these Business Rules, a Customer is a natural person or legal entity

to which the Bank provides financial and supplementary financial services or other services

associated therewith; and further, for the purposes of Chapters I and VIII the natural person or

legal entity to which the Bank provides investment services and auxiliary services, always

including the person authorized to act on the Customer’s behalf.

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A natural person or legal entity that enters into contacts with the Bank with the aim of using a

service but ultimately does not use service is also considered as a Customer.

1.2. Modification of the Business Rules

1.2.1. The Bank is entitled to amend the Business Rules for sound reasons if its business,

product, security and anti-money laundering policies, its international commitments or the

money market conditions change, or its IT environment is upgraded. The Business Rules shall

enter into force on the date specified therein. Mandatory legislative changes automatically

supersede the affected provisions of the Business Rules. The Bank shall adjust the Business

Rules to the changed mandatory legislative regulations within a reasonable time frame. The

provisions of the Business Rules, other than those based on mandatory legislative regulations,

shall not modify contractual provisions.

1.2.2. The Bank shall publish any modification of the Business Rules concerning interests, fees

or other conditions, unfavourable to the Customer, in an announcement to be displayed on the

counters where brochures are kept in the customer service areas and, in relation to electronic

trading services in a constantly and easily accessible manner, also in electronic form on its

website – www.mkb.hu – 15 (fifteen) days prior to the date of entry into force of such

modification.

The contract may not be unilaterally modified by introducing a new fee or cost. The Bank may

not modify unilaterally and unfavourably for the Customer the method of calculation of the

interest, fee or cost components specified in the contract.

When notice is given in the form of announcements, the Bank ensuring that the degree of the

change in the specific interest, fee or cost components can be clearly identified. The Bank

advises the Customers of the reasons for modification.

The Bank may unilaterally modify the terms and conditions of the contract concluded with the

Customer if the modification is not unfavourable for the latter.

1.2.3. If the Customer refuses to accept the amendment to the Business Rules as per Section

1.2.2 hereof, he is entitled to terminate the contract subject to the disapproved amendment

with immediate effect at the latest by the business day immediately preceding the effective

date of the amendment following the relevant public notice. In this case up to the Bank’s receipt

of the termination notice, the contractual conditions remain unchanged.

If the amendments to the provisions of the Business Rules do not adversely affect the

Customer, the Bank shall fulfil its disclosure obligations by publishing the amended documents

at its branches and on the www.mkb.hu website no later than the business day immediately

preceding the effective date of the amendment.

1.2.4. Special provisions applicable to Consumer Customers, Consumer Home Loan

Agreements and Consumer Mortgage Contracts:

1.2.4.1. For the purposes of these Business Rules:

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a) Consumer Customer: A natural person proceeding outside his profession, independent

occupation or business activity (new Civil Code) and natural person proceeding for purposes

outside his independent occupation and business activity (Hpt.).

b) Consumer Loan Agreement: A loan agreement or a finance lease agreement concluded

with a Consumer Customer.

c) Home Credit or Loan Agreement: Any facility or loan agreement with a Consumer Customer,

which is secured by a mortgage on a real property (including also a mortgage established as

an independent mortgage), in which the loan purpose specified by the parties in the official

document is the purchase, construction, extension, modernisation or reconstruction of a

residential property, and further, from 1 January 2014, any contract defined as such in Article

3(22) of the Act CLXII of 2009.

d) Home Finance Lease Agreement: a finance lease agreement for the purpose of enabling

the Lessee to obtain ownership of the residential property specified by the parties in the official

document from a third-party seller.

e) Consumer Home Loan Agreement: a home loan or credit agreement or a financial lease

agreement concluded with a Consumer Customer.

f) Consumer Mortgage Agreement: a loan agreement with a Consumer Customer, secured by

a mortgage on real property, including also a mortgage established as an independent

mortgage.

1.2.4.2. The special provisions regarding the modification of the credit fees of Consumer Loan

Agreements, Consumer Home Loan Agreements and Consumer Mortgage Agreements

concluded with Consumer Customers are set out in Sections 8.4, 8/A, 8/B, 8/C and 8/D of the

Business Rules for Retail Credit Operations.

1.2.5. Special rules applicable to contracts for payment services

The provisions of this Section 1.2 are applicable to payment services with the deviations set

out in Section 8.2.9 of Chapter II.

1.2.6. Unilateral amendment of the Business Rules in favour of, or not adversely to, the

Customer

The Bank shall be entitled to amend the Business Rules unilaterally if the amendment is

favourable or not disadvantageous to the Customer.

1.2.7. Application of the reduction of interest, fee or cost component

If the alteration of any condition defined in the credit, loan or finance lease agreement

concluded with a Consumer Customer justifies the reduction of the interest, fee or cost

components, the Bank shall also apply the reduction towards its Consumer Customer pursuant

to binding provisions of the law.

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1.3. Consideration for the service provided by the Bank, List of Terms and Conditions and its modification

1.3.1. Consideration for the service provided by the Bank

The Customer shall pay a fee, commission and/or interest for the services of the Bank.

With regard to contracts concluded between the Bank and non-consumer customers, the

Parties preclude their right to challenge the contract on the grounds of an obvious

disproportionality between the service and the consideration for it.

The agreement or the effective List of Terms and Conditions of the Bank contains the

consideration for the service.

1.3.2. The List of Terms and Conditions

The List of Terms and Conditions forms part of the Business Rules. The provisions of Section

1.2 shall appropriately apply to the amendment thereof.

1.3.3. Special provisions applicable to Consumer Customers, Consumer Home Loan

Agreements and Consumer Mortgage Contracts:

The special provisions regarding the modification of the credit fees of Consumer Loan

Agreements, Consumer Home Loan Agreements and Consumer Mortgage Agreements

concluded with Consumer Customers are set out in Sections 8.4, 8/A, 8/B, 8/C and 8/D of the

Business Rules for Retail Customers.

1.3.4. Provisions applicable to other services

With regard to agreements with Consumer Customers not specified in Section 1.3.3 and with

regard to Non-Consumer Customers, the provisions of this Section 1.3.4 shall be applied

instead of Section 1.3.3.

In addition to the events described in Section 1.2.1, the Bank may also modify the List of Terms

and Conditions unilaterally and unfavourably for the Customer for reasons described in

Appendix 1 and Appendix 2 (in each case as applicable to the relevant legal relationship) if the

Bank’s contract with a third party (e.g. Giro Zrt., refinancing mortgage institution, Hungarian

State Treasury, other external services), which has a direct impact on the Bank’s legal

relationship with the Customer, is modified.

Contrary to what is set out in the second paragraph, the Bank is entitled to modify the List of

Terms and Conditions with regard to agreements concluded with the Customer on the use of

payment services and safe deposit box rental services unilaterally and unfavourably for the

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Customer for the reasons listed in Appendix 3 (in each case as applicable to the relevant legal

relationship). If there are multiple reasons to make such modification, the Bank shall take into

consideration primarily the special reason that concerns the service affected by alteration and

then it shall decide on the alteration in consideration of the reasons that also affect the

provision of its other services.

The provisions of this section do not entitle the Bank to unilaterally amend its agreement with

the Customer simultaneously with the introduction of a new fee or cost.

1.3.5. Within the sphere of payment services the interest rate or exchange rate may be

changed immediately without sending any notice if the modifications are based on a reference

interest rate or a reference exchange rate.

1.3.6. If the List of Terms and Conditions has been modified pursuant to a law or a central bank

decree, the Bank is obliged to publish the modification in advance in accordance with the

provisions of the law.

1.3.7. The Bank shall publish the modified List of Terms and Conditions in an announcement

to be displayed on the counters where brochures are kept in the customer service areas and

also in an electronic form. If there is any difference between the versions, the data in the List

of Terms and Conditions posted in customer service areas shall prevail.

1.3.8. If the Customer terminates the agreement on the grounds set out in Section 1.2.3, the

conditions defined in the List of Terms and Conditions effective at the time of termination shall

be applied to the agreement until it ceases to be in effect.

2. Representation, disposal over payment accounts

2.1. Representation

2.1.1. At the time of establishing a business relationship with the Bank, a natural person

Customer may act exclusively in person. The business relationship is deemed to be

established when the Customer and the Bank conclude an agreement for the first time.

2.1.2. In case of non-natural persons, the agreement with the Bank is concluded by a

representative acting on behalf of the Customer. The Bank shall deem as representatives the

persons who, based on the law regulating the legal form of the Customer, are empowered to

represent the Customer, by virtue of the law, either individually or jointly with another

representative, in their capacity as top managers (hereinafter: ‘Manager’) and who are

authorised to sign (procure) on the Customer’s behalf and have credibly proved such right.

Moreover, representatives include the persons entitled to make legal declarations on the

Customer’s behalf on the basis of the Customer’s authorisation (hereinafter together:

‘Representative’).

2.1.3. The Bank verifies the Customer’s or the Representative’s identity, signature and the

Representative’s right of representation. The Bank verifies the Representative’s right of

representation on the basis of the documents listed in Sections 3.2 and 3.3 and the

Representative’s specimen signature (specimen signature). The Bank may refuse to enter into

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an agreement unless the Customer or the Representative duly certify their respective right of

representation.

2.1.4. In the case of telephone or electronic banking services, the Bank carries out the

verification procedure described in Section 2.1.3 in the manner defined in these Business

Rules and the agreement concluded with the Customer.

2.1.5. Until the day of the Changeover the non-natural person Customer shall indicate which

of his Representatives are authorised to act on his behalf on the form provided by the Bank

and on the day following the Changeover on the form titled “Declaration on Authorised

Persons” in a manner specified therein (hereinafter: ‘Registered Representative’). The

specimen signature of the Registered Representatives shall be included on the specimen

signature registration form. The Registered Representatives may only exercise their right of

representation after their identification has been carried out by the Bank and exclusively as

specified on the signature registration form.

2.1.6. The authorisation for proceeding at the Bank filed by the Customer – regardless of whether it was made in the form of a notarial deed or a private document with full probative force – shall contain at least the following: a) names of the grantor and the authorised person, b) data suitable for the identification of the grantor and the authorised person (company name, registered seat, tax number, company register number / name, place and date of birth, mother’s maiden name, identification document number). In case of an authorisation to a lawyer, the number of the lawyer’s certificate and the registration number indicated therein, and the lawyer’s seal, c) in all cases, the exact specification of the transaction in respect of which the authorised person may proceed at the Bank, with the clear indication of the subject of the authorisation and the rights and powers granted to the authorised person, d) the date of the authorisation (place and time) e) signature of the grantor. It is also a requirement as to the form and contents of an authorisation that its language must

be clear, explicit and exact, and its text must be easily legible and free of any deletions or

corrections that may raise doubts concerning the interpretation and the authenticity of the text.

An authorised person may not grant further authorisation to a third party, with the exception of

an authorisation granted by a lawyer according to the provisions in Act LXXVIII of 2017 on

Attorneys-at-Law.

The Bank has the right to refuse an instruction given under an authorisation which fails to fulfil

the criteria set out in this paragraph.

2.2. Disposal over payment accounts

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2.2.1. Up to 11 April 2018 Customers designated the persons entitled to dispose over their

bank account on the signature registration form submitted before the said date and accepted

by the Bank (hereinafter referred to as: Specimen Signature Registration Form prior to the

Changeover). After 11 April 2018 Customers designate the persons entitled to dispose over

their bank account on the standard form of the Bank titled “Declaration on Authorised Persons”,

while a Customer having the right of disposal over the bank account registers his own signature

on the signature registration form, concurrently completing the Customer data sheet. A

Customer having the right of disposal over the bank account may modify his own signature by

signing a new signature registration form at any time, even without the consent of the account

holding Customer. After 11 April 2018 the Bank shall keep on record the specimen signature

of each natural person Customer having the right of disposal over the bank account, who filed

a signature registration form after the said date. Following the day of the Changeover the Bank

shall record one Specimen signature per Customer authorised to dispose over the account in

its systems for natural persons. If until the day of the Changeover the natural person customer

authorised to dispose over the account does not provide a new Specimen Signature the Bank

shall register the last specimen signature provided in time sequence as the one Specimen

Signature in the case of these persons after the day of the Changeover. Secondary account

identifier can be managed by every person authorised to have disposal over the bank

account of the Customer until the account holder Customer declares otherwise.

2.2.2. The natural person Customer may assign the right of disposal over his/her payment

account to other natural persons (hereinafter: ‘Authorised Person’) by submitting to the Bank

a written authorisation granted on a case-by-case (one-off) or permanent basis. Authority may

be given for a single occasion or on a permanent basis.

2.2.3. The Customer shall grant the case-by-case authorisation in a notarial deed or a private

document with full probative force from which the extent of the right of disposal and the data

necessary for the establishment of the identity of the Authorised Person are absolutely clear

for the Bank. In the List of Terms and Conditions, the Bank is entitled to determine the sum

over which the case-by-case Authorised Person may dispose only on the basis of an

authorisation executed in the form of a notarial deed. If these conditions are not fulfilled or if

any well-founded doubt arises in the Bank about the authenticity of the authorisation, the Bank

shall be entitled to refuse to accept the case-by-case authorisation until the conditions are

fulfilled or the authenticity of the authorisation is verified.

2.2.4. In respect of the Customer’s instructions given before 11 April 2018, the Bank considers

only the natural persons whose specimen signature have been provided on the signature

registration form as a permanently Authorised Person; while after 11 April 2018 in addition to

filing the specimen signature of the permanently Authorised Person on the signature

registration form and his data on the Customer Data Sheet, in line with the provisions in section

2.2.1. the Account Holder Customer is also required to make a separate declaration

concerning such authorisation. Permanently Authorised Persons may exercise their right of

disposal over the payment account exclusively after they have been identified by the Bank.

2.2.5. The right of disposal of the person designated on the signature registration form filed

before 11 April 2018 may cover either all payment accounts of the Customer opened up to the

day of the Changeover or certain bank accounts explicitly specified by the Customer. The right

of disposal of the person designated on the signature registration form filed after 11 April 2018

in line with the provisions in section 2.2.1. may cover the payment accounts specified by the

Customer.

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2.2.6. The right of disposal of the case-by-case Authorised Person covers exclusively the bank

account (payment accounts) specified in the one-off authorisation given by the Customer.

2.2.7. The right of disposal of the Authorised Person who is only entitled to dispose over

payment accounts does not extend to the modification or termination of payment account

agreements. An Authorised Person who is only entitled to dispose over payment accounts

may not transfer his/her right of disposal to a third person by providing an authorisation to that

effect.

2.3. Provisions concerning signature registration forms filed before 11 April 2018, the “Declaration on Authorised Persons” form, the signature registration form and the biometric signatures.

2.3.1. The Representative or the person having the right of disposal may make a legal statement and give instructions to the Bank on paper in the manner indicated on the signature registration form filed before 11 April 2018; and after the day of the Changeover in the manner indicated in the “Declaration on Authorised Persons”, the signature registration form and the biometric signature as of the Changeover. During the biometric signature biometric data from the Customer’s signature, such as pressure, change in the pressure, speed, speed-up are recorded, based on which the signature is mapped to the person providing the signature by identifying the provider of the signature. Documents with biometric signature shall be deemed documents with high security electronic signature drawn up in electronic document form, which shall be deemed a form in writing. Biometric signature can only be provided and utilised at the branches. The Bank shall publish the scope of documents, which can be signed biometrically in its List of Terms and Conditions. 2.3.2. In case of non-natural person Customers the signature registration form and after the Day of the Changeover the “Declaration on Authorised Persons” and any contract-related legal declaration may only be signed by the person authorised to represent the Customer and in compliance with the relevant rules of representation. The Bank verifies the signer’ specimen signature and right of representation in accordance with Section 2.1.3 and the Representative shall prove his capacity in accordance with the provisions of the laws applicable to the Customer.

2.3.3. In case of representation of a non-natural person Customer, the Customer’s name

(company name) shall be used. The Bank does not register individual company stamps.

2.3.4. The Bank checks the instructions of the designated persons and verifies their right of representation only based on the specimen signature on the signature registration form filed before 11 April 2018 and the specimen signature on the signature registration form and the “Declaration on Authorised Persons” filed after 11 April 2018 or based on the biometric signature profile. The Bank does not examine circumstances relating to the right of disposal or the legal capacity of the persons designated by the Customer.

2.3.5. The Bank compares the signatures on the Customer’s orders to the registered specimen

signature. If the order contains a signature not reported to the Bank or clearly differing from

the provided specimen signatures, the Bank shall send back the document containing the

order without performance and simultaneously notify the Customer or delete the order from

its records. The Bank shall act in the same way if it cannot identify the signatures of the

persons representing a non-natural person on the basis of the registered specimen signature.

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2.3.6. In the case of telephone or electronic banking services, the Bank carries out the

verification specified in Section 2.3.4 in the manner stipulated in these Business Rules and the

agreement concluded with the Customer. If the Customer cannot be identified in the course of

this procedure, the Bank shall refuse to perform the Customer’s instructions.

2.3.7. The Customer shall immediately inform the Bank about the changes to the persons

designated on the signature registration form filed before 11 April 2018 and in the “Declaration

on Authorised Persons” and “Customer Data Sheet” after 11 April 2018, as well as the changes

to the person of the Representative, and shall certify such changes in accordance with this

Section 2. If the Customer fails to inform the Bank about changes related to the right of

representation, the Customer shall be liable for damages arising from such failure.

2.3.8. Until the validation of the change, the Bank deems the persons reported earlier to be

entitled to the right of disposal. The Bank shall act in the same manner in case the documents

necessary for identification under Section 3.1 are incomplete, lack certain data or have

inappropriate content, or if the submitted signature registration forms are unsuitable for the

safe verification of signatures, and the Customer shall be notified thereof immediately.

3. Customer Due Diligence Rules

(The rules of Customer Due Diligence contained in this Section 3 are based on legal

regulations; the parties may not depart from them in their agreements.)

3.1. Customer due diligence and identification and verification of personal identity during the business relationship

At the time of establishing a business relationship, the Bank shall record the identification data

of the Customer, the Representative, the Authorised Person, and the person entitled to give

instructions, in a retrievable way, as well as – upon becoming eligible for preferential terms –

of the payee under the laws on the prevention of money laundering and combating the

financing of terrorism (hereinafter: ‘Identification’), and verify personal identity (hereinafter:

‘Customer due diligence’). The Bank shall also carry out customer due diligence, identification

and personal identity verification in all cases when it is required by the law or when an

Authorised Person of the Customer or a Representative of a non-natural person Customer

whose Identification, or personal identity verification has not been carried out yet, wishes to

sign an agreement or an order. The Customer, its Representative and/or its Authorised Person

and the person entitled to disposal shall present and provide to the Bank the documents of

personal identification and other instruments prescribed by law for customer due diligence,

identification and personal identity verification.

When the documents are presented to the Bank, the Bank shall verify and record the validity

of the presented documents for the purpose of personal identity verification.

The Customer shall, at the request of the Bank, make available information on the source of

the funds to the Bank and shall submit documents relating to the source of the funds for

inspection in order to verify such information and fill in the declaration on the source and origin

of the funds.

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In order to verify the Customer’s identity, the Bank shall make a copy of the document

containing the identification details and submitted by the Customer for inspection in order to

appropriately fulfil the obligations specified in the Act on the prevention of money laundering

and combating the financing of terrorism and to fully perform the customer due diligence

obligation.

The Bank may take the measures for Customer due diligence also in a secure, protected

manner specified by the Supervisory Authority and operated by the Bank, by means of an

electronic communications device audited in advance.

3.2. Documents of identification in case of natural person Customers

3.2.1. Hungarian citizens:

a) personal identification document (paper), provided that it contains the address of the holder, or

b) identity card together with the official address card, or c) passport together with the official document indicating the address of the holder, or d) driving licence (card only) together with the official document indicating the address of

the holder.

3.2.2. Non-resident natural persons:

a) passport, or b) identity card issued by a foreign authority, provided that it entitles the holder to reside

in Hungary, or c) document verifying the right of residence in Hungary or entitling to residence.

3.3. (Official) documents of identification in case of non-natural person Customers

3.3.1. In case of resident non-natural persons the documents of identification are the following:

a) for economic organisations extract from the trade register (Certificate of Incorporation) dated not earlier than 30 days, or if registration is in progress, the application for registration submitted to the court, the deed of foundation (articles of association), as well as the tax registration sheet (unless the certificate of registration contains the tax number and the statistical code); for private entrepreneurs their business licence and tax number or if they are not available, a certificate stating that the private entrepreneur submitted the application for the business licence to the clerk of the district centre (or if the tax number is not available, the application for registration submitted to the tax authority);

b) in case of private entrepreneurs a document dated not earlier than within the last 30 days certifying that the business licence of the entrepreneur or a certification on the registration thereof has been issued, tax number (if the tax number is not available, the application for registration submitted to the tax authority);

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c) for any other organisation, a document on registration issued by the competent authority or the court not earlier than within thirty (30) days, or, in lack of such document, the application for registration submitted to the authority or the court, the deed of foundation (articles of association), as well as the tax registration sheet (unless the extract from the trade register contains the tax number and the statistical code).

3.3.2. In case of non-resident non-natural persons:

A document proving registration under the laws of the country of origin issued not

earlier than 30 days or a certificate of registration, the deed of foundation (articles of

association) and a document suitable for certifying the right of representation of the

natural person entitled to represent the Customer (unless the document submitted in

proof of registration indicates the person entitled to represent the Customer). In case

of doubt, the Bank may require other certificates and documents for the purpose of

carrying out the identification and personal identity verification procedure.

3.3.3. If the document provided by the Customer for identification and/or in proof of his right of

representation is of foreign language, the Bank is entitled to request a certified Hungarian

translation thereof, or have it translated into the Hungarian language at the Customer’s

expense with the Customer’s consent. The Bank shall be liable for damages arising from the

fact that the document is false or falsified or its translation is not correct only in the case of its

gross negligence.

3.3.4. In case a document is issued by a foreign authority, the Bank may request that the

Customer has it certified by the Hungarian foreign representation authority according to the

place of issuance or to submit a copy thereof with an enclosed consular attestation (apostille)

pursuant to Decree Law No. 11 of 1973 on the Publication of the Hague Convention dated 5

October 1961 on the Omission of the Diplomatic or Consular Certification of Public Documents.

3.4. Customer Due Diligence in the case of PEP

3.4.1. In the course of the Customer Due Diligence Process, the natural person Customer shall

make a written statement for the Bank in person or by means of a safe, protected electronic

communications device operated by the Bank and specified and audited in advance by the

Supervisory Authority whether he or she qualifies as a politically exposed person. If the

Customer qualifies as a politically exposed person, the statement shall also indicate the

category of politically exposed persons as defined in the legislation on money laundering, as

in force, and the statement shall include information on the source of funds.

3.4.2. The Bank shall refuse to establish a business relationship or perform a transaction order

if the natural person Customer does not provide a statement at the Bank’s request in the

manner specified in Section 3.4.1 as to whether he or she qualifies as a politically exposed

person or, if he or she qualifies as a politically exposed person, does not make a statement on

the source of the funds.

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3.5. Rules of disclosing the identification data and the beneficiary owner

3.5.1. Based on the documents presented in accordance with the provisions set out in Sections

3.2 and 3.3, following the establishment of personal identity, the Bank shall enter into its

records the data complying with the stipulations of the laws on preventing and combating

money laundering and terrorist financing in effect, as well as the Customer’s signature provided

to the Bank in the signature registration form (hereinafter: ‘ID Data’).

Registration involves the details that the Bank is obliged to enter into its records according to

the legislative provisions, as in force, and the Bank is entitled to enter into its records any

further data that may be requested on the basis of a risk sensitivity approach under the relevant

legislative provision if it considers them to be necessary for preventing money laundering or

the financing of terrorism or if there is a risk that the Customer Due Diligence process cannot

be performed without any doubt or delay without such supplementary data.

3.5.2. In the course of Customer Due Diligence, the natural person Customer shall make a

written statement for the Bank in person, or by means of a safe, protected electronic

communications device operated by the Bank and specified and audited in advance by the

Supervisory Authority if he or she acts or gives a transaction order on behalf or in the interest

of the beneficiary owner, or if a natural person actually exercises management or control over

his or her activities in another way. The statement in respect of the beneficiary owner can be

of general effect, provided that the Customer shall also be obliged to make a case-by-case

statement if, in the case of a particular transaction, the beneficiary owner is different from the

person indicated in the general statement concerning the beneficiary owner. The

representative of a non-natural person Customer shall, on the basis of accurate and up-to-date

records kept by the Customer, make a written statement on its beneficiary owner in person or

by means of a safe, protected electronic communications device operated by the Bank and

specified and audited in advance by the Supervisory Authority for the Bank.

3.5.3. When the business relationship is established, the Bank registers the ID data of the

beneficiary owner as defined in the laws on preventing and combating money laundering and

terrorist financing in force. The Bank shall also request that the Customer make a statement

whether its beneficiary owner qualifies as a politically exposed person. If the beneficiary owner

is a politically exposed person, the statement shall include the specific section of the Act on

the prevention of money laundering and combating the financing of terrorism, as in force, on

the basis of which he or she qualifies as a politically exposed person.

3.5.4. If, during the term of the agreement concluded with the Customer, the Bank has at any

time any doubt regarding the identity of the person of the beneficiary owner, it shall refuse to

conclude any other agreement or perform any other order until the Customer has made a

written statement as required by the Bank, or it shall terminate the existing business

relationship. Any damage occurring as a result of the failure to provide a declaration shall be

borne by the Customer.

3.5.5. The Bank accepts an order from any Customer, Representative or Authorised Person

after the completion of the Customer Due Diligence process.

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3.5.6. The Customer shall notify the Bank immediately of any changes in the ID data provided

by it to the Bank or the identity of the beneficiary owner. Failure to fulfil this information

obligation constitutes serious breach of contract and damages arising in relation to such failure

shall be borne by the Customer.

3.5.7. The Bank shall be entitled to carry out the Customer Due Diligence or require any

supplementation thereof at any time. The Bank shall refuse to perform any transaction via a

payment account in respect of the Customer concerned on the instruction of the Customer, the

establishment of a business relationship, the conclusion of the agreement or the performance

of the transaction order, or shall terminate the existing business relationship, i.e. the Bank is

entitled to immediate termination if the Customer, the Representative, the Authorised Person

or the person entitled to give instructions:

a) fails to present the documents of identification required by law, or

b) fails to provide the Bank with such documents at the time of concluding the agreement, or

c) hinders Customer Due Diligence in any other way, or

d) fails to make a statement concerning the beneficiary owner or a repeated statement

concerning the owner upon the Bank’s request or

e) delays data supply without good reason or

f) supplies false information,

g) fails to make available information on the source of funds to the Bank, or refuses to submit

the document relating to the source of funds for inspection at the Bank’s request before the

set deadline.

3.5.8. At the request of the Bank, the Customer – except for natural persons – shall reveal its

ownership structure (also including the indirect owners) in accordance with the stipulations of

the Bank and provide the data listed in the following sentence of those natural persons who

directly or indirectly hold at least 25% ownership ratio or voting right in the Customer or

exercise actual management or control in another way (ultimate owners). The Bank keeps the

following data of these natural persons on record:

(a) last name and first name,

(b) last name and first name at birth,

(c) date and place of birth,

(d) home address or, in the absence thereof, place of residence,

(e) citizenship,

(f) the nature and extent of ownership interest.

3.5.9. At the Bank’s request, the Customer shall submit the document for inspection in order

to verify the details relating to the person and identity of the beneficiary owner.

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3.5.10. The refusal to reveal the ownership structure and/or to provide the data of the natural

persons who are indirect owners as specified in Section 3.5.8, and also the fulfilment of such

requests with incomplete or untrue content or to submit the document specified in Section 3.5.9

shall qualify as a gross breach of contract, based on which the Bank shall be entitled to

terminate all contracts of the Customer concluded with the Bank with immediate effect.

3.5.11. The non-resident non-natural person Customer not registered by a court of registration

or another authority in Hungary has to certify once in two years from the performance of the

agreement that he is still on the registry of the authority that has registered it, in accordance

with the rules applicable to the Identification to be carried out at the time of concluding the

agreement.

3.5.12. If no order was fulfilled to the debit or credit of the account kept by the Bank during a

period reaching two calendar years, not including the transaction orders with a term of several

years, the Bank shall call upon its Customer in writing within thirty days to state the changes

in the details, with the proviso that the order may not be fulfilled on the account until the

identification details are provided.

3.6. Customer Due Diligence measures performed by other service providers

3.6.1. The Bank may occasionally determine from which bank(s) and other service provider(s)

– authorized to make available the results of Customer Due Diligence measures pursuant to

the Act on preventing and combating money laundering and terrorist financing - accepts data,

copies of documents and certificates produced in the course of their Know Your Customer

measures. The Bank is furthermore entitled to occasionally examine separately whether data

registered for the Identification and personal identity verification of the Customer or the

beneficiary owner, as well as the copy of any other documentation certifying personal identity

can be made available to other banks or service providers.

3.6.2. Only in possession of the written consent of the Customer concerned may the Bank

make available data registered during the Identification of the Customer or the beneficiary

owner, as well as the copy of any other personal identity documents at written request to other

service providers, specified under the laws on preventing and combating money laundering

and terrorist financing in force.

4. Cooperation, Information, Data Management, Contract, Form of Legal Declarations

4.1. Cooperation

4.1.1. The business relationship between the Bank and the Customer is based on mutual trust,

thus they shall act in cooperation bearing in mind each other's interests.

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4.1.2. The Bank and the Customer shall inform each other of facts and circumstances

important with respect to the agreement within a reasonable time and answer each other’s

inquiries by the set deadlines, but within 30 (thirty) days at the latest.

4.2. Notices

4.2.1. The Bank shall send its notices to the postal address last indicated by the Customer,

which shall also apply to all methods of delivery by which the Bank forwards its mail to the

addressee via an intermediary (post, courier, etc.). In the absence of such address, the Bank

may send documents to any of the Customer’s addresses and/or to his seat, and/or the

business premises known to it, at its own discretion if it has knowledge of more than one

address.

4.2.2. In case the Customer fails to notify the Bank about the change in his postal address, the

Bank is not obliged to search for the Customer's new postal address and may continue to send

its notices to the postal address designated by the Customer as such. The Bank deems the

mail posted to this address to have been delivered even if it is returned with the indication

“missing mailbox’, “receipt denied’, ‘addressee unknown’ “was not collected’ or “moved’.

4.2.3. If the Customer uses the post box service of the Bank, the Bank shall place all notices

in the post box or make them available to the Customer during business hours in its customer

service areas designated for this purpose.

4.2.4. The Bank shall forward documents, bills of exchange, cheques, securities, banknotes,

bank cards and any other valuables with due care and, if not required otherwise by the

Customer, in the manner of its own choice. The costs of the forwarding shall be borne by the

Customer.

4.2.5. The Bank shall consider mail items posted by it to be served on the day when the mail

item was actually delivered or the delivery of the mail item has been attempted and this has

been verified. Failing this, the presumed time of delivery is the 3rd (third) business day from

the date of dispatch domestically and the 8th (eighth) day from the date of dispatch

internationally after which the Bank is entitled to take measures. The Customer may provide

counterevidence for the presumed date of service and may demonstrate that the actual

delivery of the mail item did not take place or took place on a date different from the presumed

date of service due to a circumstance beyond his or her control.

4.2.6. If the Customer forwards a message to the Bank via the electronic mail system (email)

or informs the Bank about its electronic address, by doing so it is deemed to have authorised

the Bank – even without a separate declaration to that effect – to send the data and information

necessary for the establishment or maintenance of the business relationship or for the drafting,

performance or amendment of an agreement, as well as digitally authenticated agreements,

documents – including data and information qualifying as bank secret, securities secret,

insurance secret, business secret or pension/health fund secret – to the email address

provided for the Customer until the termination of the business relationship. The Bank shall

forward data and information to the electronic address given by the Customer without

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encryption. The rules pertaining to the use of the electronic mail system does not affect the

provisions on contract conclusion via an electronic channel. In respect of the management of

their e-mail address, the content specified in the Privacy Statement shall be applicable to the

Customers.

4.2.7. Unless the Parties have agreed otherwise in writing, the Bank shall not send the data

and information forwarded to the Customer via the electronic mailing system by any other

method of delivery as well, except if a law or the Business Rules of the Bank contain provisions

to the contrary. In relation to the use of electronic mail system, the Bank shall be liable for

damage caused by faulty delivery via the electronic mailing system and infringements of

personal rights, occurring within the Bank’s sphere of interest, including inappropriate delivery,

data transmission or loss of data caused by the improper operation of the system. The Bank

also makes available digitally authentic contracts and documents transmitted via electronic

mail system to customers using the PCBankár or NetBANKár service within the framework of

those services.

4.2.8. A digitally authentic written contract, fully acceptable as proof, includes an electronically

concluded PCBankár or NetBANKár contract identified within the scope defined in the contract

and the Bank’s service established within the framework of the service defined by law or in the

government decree, where the Bank assigns the document to the issuer through the

identification of the issuer and authentically certifies the assignment to the issuer with data

clearly relating to, or stemming from, the signature signed by the issuer with its own hands;

furthermore, the service provider includes the certificate of assignment to a particular party in

an inseparable clause, attached to an electronic document and applies at least an enhanced

security electronic stamp and enhanced security time stamp on it as well as on the document.

4.2.9. Written mail addressed to the Bank is to be sent to the address provided to the Customer

by the Bank for this purpose, in the absence thereof, to the branch office of the Bank where

the Customer's bank account is kept or where the agreement has been concluded. With regard

to the date and circumstances of the delivery of written mail items, the Bank shall consider its

own records governing if they cannot be established in any other way. Upon any dispute in

respect of the date and circumstances of the delivery of written mail items, the Bank shall

consider its own records governing. At the Customer’s request, the Bank shall provide the

documents certifying dispatch and acknowledging receipt of notices.

4.2.10. If the Bank sends a notice to the Customer simultaneously with forwarding the payment

account statement, the Bank shall not be liable for the damages (if any) arising from the fact

that the Customer has requested the regular sending of the payment account statement not

once per month but once in a longer period.

4.2.11. The Bank is entitled to send the notices on the fulfilment or non-fulfilment of the

Customer’s obligations without company signature, only indicating the name of the Bank,

subject to the proviso that the Bank shall be considered as the sender of these notices until

proved otherwise.

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4.2.12. Hungarian language shall be the language of communication between the Customer

and the Bank, and the language of the contract and provision of services – unless otherwise

agreed.

4.2.13. If the Customer does not understand the Hungarian language, or the language of the

legal declaration prepared in writing in a private document, the Customer shall

a) authorise a proxy, who understands the Hungarian language, to sign the legal declaration

in a manner that the authentic Hungarian translation of the proxy authorisation shall also be

submitted to the Bank, or

b) arrange for the authentic translation of the final draft of the contract (including also the

general contracting terms and conditions) and legal declaration prior to the signature at its own

cost, or

c) provide a witness, to certify personal identity, to whom the contents of the legal declaration

have been explained in a language, understood by the witness.

In cases defined in Sections 4.2.13. b), the Bank shall also attach the authentic translation to

the signed contract/legal declaration to certify that the Customer has understood the legal

declaration. The Customer must sign also the authentic translation. In cases defined in Section

4.2.13. c), the Customer’s legal declaration must contain also, in the language of the document

and in the language understood by the Customer, that the contents of the document were

explained to him by a witness. The provisions of this section must be applied as appropriate if

the Customer or the individual otherwise signing the document cannot read.

4.2.14. The Bank does not sign officially the notices sent to the Customers due to its notification

obligations specified in the contract (irrespective of their title) but it indicates its company name

at the place of the signature. Those notifications shall be valid and effective even without an

official signature.

4.2.15. The Bank does not establish the balance of the payment account and consolidated

securities account and the customer’s current account annually, it does not send any balance

statement about it, and informs its customers of any change in the respective balance only

through account statements.

4.3. Obligation to provide information

4.3.1. The Customer shall notify the Bank immediately if he or she did not receive the notice,

information or other mail item specified in the agreement or declaration referred to within 15

(fifteen) days from the date following the date or period specified in the agreement made

between the Customer and the Bank or in the declaration in force made by the Customer or

the Bank.

4.3.2. The Customer shall provide all data and information related to the agreement that the

Bank considers necessary for making a decision or forming an opinion about the Customer.

Within the framework of this obligation to provide information, the Customer shall also render

26

it possible for the Bank to inspect its documents containing business secrets. The Customer

shall provide the Bank with all data prescribed for registration by law.

4.3.3. The Customer shall inform the Bank on the events below in writing with no delay:

a) the Customer’s any company organ or founder, member or officer authorised for this makes

a proposal that Customer’s highest authority should make a decision on initiating the

bankruptcy proceeding;

b) the Customer has convened its highest authority exercising the founder’s (member’s) rights

in order to make a decision on initiating the bankruptcy proceeding;

c) the Customer has convened its highest authority exercising founder’s (member’s) rights in

order to make decision on supporting the bankruptcy proceeding to be initiated by the creditor;

d) the Customer’s highest authority exercising the founder’s (member’s) rights, or the sole

member of a one-man company or its shareholder has made a decision on initiating the

bankruptcy proceeding;

e) the Customer has initiated voluntary liquidation proceeding;

f) liquidation, performance, or company deletion proceedings have been initiated against the

Customer.

The Customer shall meet its obligation to provide information upon becoming aware of the

proposal in the event of point a), upon convening the highest organ in the event of points b)

and c), upon making the decision in the event of points d) and e), and upon becoming aware

of that fact in the event of point f).

4.3.4. In relation to continuous contracts, also including contracts for the rolling over term

deposits, the Bank shall send a fully comprehensive written statement (statement) at least

once a year and within 30 days from the termination of the contract.

4.3.5. The Customer may also request a statement, at his own cost, on the individual

transactions conducted during the period of five years prior to the request. The Bank shall send

such a statement to the Customer in writing within ninety days.

4.4. Data processing and data protection, customer data recorded by the Bank

4.4.1. Information on data processing

The Bank provides further information concerning the data processing operations related to

bank account management, deposit collection and auxiliary services rendered to the

Customers in the separate Privacy Statements (“Privacy Statement”) pertaining to the above

mentioned services. This subsection provides general information to Customers regarding the

protection of their data by the Bank, while the above mentioned Privacy Statement discusses

data processing operations in more detail.

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4.4.2. Principles of data processing

The Bank only processes the personal data of its Customers in line with the legal regulations

applicable to data processing, in a fair and transparent manner, for clearly specified and lawful

purposes and to the extent necessary to achieve the said purposes. During data processing,

the Bank implements adequate safeguards and appropriate technical and organizational

measures to protect personal data.

4.4.3. Purpose of data processing

The primary purposes of data processing is to establish a contractual relationship with the

Customer, to assess and satisfy the needs of the Customer, and to fulfil the obligations arising

from the contract with the Customer. For detailed information concerning the purposes and

features of data processing, please consult the Privacy Statement.

4.4.4. Legal basis of data processing

4.4.4.1. In specific cases the Bank processes the personal data of the Customer based on the

express and informed prior consent given thereby.

4.4.4.2. The Bank also processes the personal data of the Customer to fulfil the provisions of

the contract related to the Customer, and to take the steps requested by the Customer before

the conclusion of the contract.

4.4.4.3. The Bank also processes certain personal data of the Customers if it is necessary for

compliance with a statutory requirement.

4.4.4.4. The Bank may also process the personal data of the Customer if it is necessary in

order to protect the vital interests of the Customer or another natural person.

4.4.4.5. The Bank may also process the personal data of the Customer if it is necessary for

the purposes of the legitimate interest pursued by the Data Controller or by a third party, except

where such interests are overridden by the interests or fundamental rights and freedoms of the

Customer which require protection of personal data, in particular where the Customer is a child.

Before carrying out data processing based on a legitimate interest under this subsection, the

Bank shall advise the Customer that processing is to be carried out on the basis of legitimate

interests as well as of the result of the interest assessment test.

4.4.5. Conditions of data processing

4.4.5.1. For detailed information concerning other aspects of data processing, thus, the legal

ground and duration of processing, the categories of recipients to whom the Customer’s

personal data shall be transferred, the existence and circumstances of automated decision-

making (where applicable), joint data controlling, the mandatory nature of providing data and

the rights of the Customer related to data processing, please consult the Privacy Statement.

4.4.5.2. In respect of the specific transaction, the legal ground of processing, the exact scope

of the data to be processed and the circumstances of processing deviating from those specified

in the Privacy Statement are set out in the application form developed by the Bank for the

specific transaction, the individual contact or other legal statement.

4.4.6. Rights of Customers related to data processing

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4.4.6.1. Customers have the right to obtain confirmation as to whether or not personal data

concerning them are being processed, and, where that is the case, access to their personal

data.

4.4.6.2. Customers have the right to request the Bank to rectify incorrect data or supplement

the incomplete data concerning them.

4.4.6.3. In certain cases Customers have the right to request the erasure of their personal data

processed, and if the request is justified, the Bank is obliged to erase such data.

4.4.6.4. In certain cases Customers have the right to request restriction of processing their

personal data.

4.4.6.5. In certain cases Customers have the right to receive their personal data that they have

provided to the Bank, in a structured, commonly used and machine-readable format.

4.4.6.6. Under specific conditions, Customers may object to the processing of their personal

data by the Bank.

4.4.6.7. Subject to certain restrictions, Customers have the right not to be subject to a decision

based solely on automated processing, including profiling, which produces legal effects

concerning them or similarly significantly affects them.

4.4.6.8. Where processing is based on consent, the Customer may withdraw the consent to

data processing at any time.

4.4.6.9. The Customer has the right to restrict or prohibit data transfer within the MKB Group

under Article 164/B of the Hpt. at any time, by means of an explicit statement.

4.4.6.10. For detailed information concerning the rights of the Customer related to data

processing, please read the Privacy Statement published on the website of the Bank

(www.mkb.hu) and posted in the branches.

4.4.7. Mutual data transfer and the resulting processing operations

4.4.7.1. Pursuant to the provisions in Article 164/B of the Hpt., the Bank advises its Customers

that according to the legal regulations applicable to the entities – listed below – operating under

the control of the Bank and classifying as a financial institution, payment institution, electronic

money institution, investment undertaking, insurance company, alternative investment fund

(AIF) or an undertaking for collective investment in transferable securities (UCITS), are not

bound by the obligation to keep data qualifying as bank and securities secret, payment secret

or insurance secret – including personal data – confidential in the relationship between

themselves.

In line with this authorisation conferred by law, the Bank and these organisations operating

under its control may mutually disclose these data classifying as secrets to one another to the

extent required in connection with their operations and for the provision of their services, and

may share with one another such protected data in order to ensure access to their individual

services, and process the data thus received during the time period for setting up and during

the existence of customers relationships.

29

4.4.7.2. The law also grants relief from the confidentiality obligation to the business

organisations – listed below – which have a contractual relationship with the Bank and are

pursuing activities aimed at facilitating the access of customers to cashless digital payment

services, or at supporting the financial management of customers not classifying as consumers

by way of digital applications, or at enhancing the financial literacy of customers and their

awareness of digital financial solutions, provided that data processing is performed in the

interest of setting up customer relations in that context of the above activities.

4.4.7.3. With the prior and express authorisation of the Customer, the Bank may also transfer

data to its related companies which are not controlled by the Bank and pursue activities other

than those listed in section 4.4.7.2, or other companies engaged in strategic cooperation with

the Bank. In respect of these data transfers, the provisions in this section 4.4.4. concerning the

purpose of data processing, the scope of data, the retention period and the exercise of the

right of the Customer to restrict or prohibit processing are applicable as appropriate.

4.4.7.4. The entities referred to in section 4.4.7.1., operating under the control of the Bank and

classifying as a financial institution, payment institution, electronic money institution,

investment undertaking, insurance company, AIF or UCITS as follows:

- MKB Euroleasing Zrt. - company register no.: 01-10-042072

- MKB Euroleasing Autóhitel Zrt. - company register no.: 01-10-043215

- MKB Euroleasing Autólízing Zrt. - company register no.: 01-10-043384

- Retail Prod Zrt. - company register no.: 01-10-048083

4.4.7.5. Additional entities, performing the tasks associated with the activities listed and

defined in section 4.4.7.2. in the context of setting up customer relations:

None

4.4.7.6. Other related companies or strategic partners referred to in section 4.4.7.3:

- Exter-Reál Kft. – company register no.: 01-09-924450

- Exter-Immo Zrt. – company register no.:01-10-044045

- Exter-Adósságkezelő Kft. – company register no.:01-09-669775

- Extercom Kft. – company register no.:01-09-266034

- MKB Euroleasing Zrt. – company register no.:01-10-042072

- MKB Euroleasing Autóhitel Zrt. – company register no.:01-10-043215

- MKB Euroleasing Autólízing Zrt. – company register no.:01-10-043384

- Retail Prod Zrt. – company register no.:01-10-048083

- MKB Consulting Kft. – company register no.:01-09-271964

- MKB Inkubátor Kft. – company register no.:01-09-289000

30

- MKB Kockázati Tőkealap-kezelő Zrt. – company register no.:01-10-049135

- CIG Pannónia Életbiztosító Nyrt. company register no.: 01-10-045857

4.4.7.7. The Customer has the right to restrict or prohibit the data transfer specified in sections

4.4.7.1. – 4.4.7.3. by means of an explicit statement to that effect. The statement on the

restriction or prohibition of data transfer can be made by electronic mail to telebankar@mkb.hu,

or by calling 06 80 456 456 toll free on business days between 8.00 a.m. and 5 p.m., or by

mail sent to MKB Bank Plc., 1134 Budapest, Kassák Lajos u. 16-18.

4.4.7.8. Scope of customer data involved in the data transfer under sections 4.4.7.1. – 4.4.7.3

Natural persons: Personal identification data (name, place and date of birth, mother’s name,

customer ID number), contact details (residential address, mailing address, e-mail address,

landline and/or mobile phone number, list of channels approved or prohibited in the Consent

to DM (consent provided for direct marketing purposes)), commercial details (nature and name

of products and services used by the Customer, time of use, amount and term of the credit,

instalments, fees and charges payable, classification of the Customer by potential groups of

services).

Companies, other legal persons: company name or name of registration, tax number, contact

details (registered office or site, mailing address, business e-mail address, business landline

and/or mobile phone number, name and title of registered contact person and his direct

business contact details) list of channels approved or prohibited in the Consent to DM (consent

provided for direct marketing purposes), commercial details (nature and name of products and

services used by the Customer, time of use, amount and term of the credit or credit type

service, instalments, fees and charges payable, classification of the Customer by potential

groups of services, exposure amount, approved limit and the size of requirement within the

limit, approved proposal and its annexes, report, general ledger extract of the last two closed

years, interim general ledger extract, credit application form, declaration for the establishment

of customer group or large risk, report on the commitments to other financial institutions, data

concerning repayment and default, fact and circumstances of breach of contract.

4.4.8. Data transfer to third parties

The Bank has the right to employ a data processor for performing technical tasks in connection

with data processing operations (e.g., parties engaged in outsourced activities, parties

enforcing claims, financial intermediary, etc.) and transfer personal data to the service provider

processing the data or receive personal data from such service provider in the scope of that

activity. The Bank discloses the parties pursuing outsourced activities in Section 5.7 of these

Business Rules and publishes the effective list of service providers pursuing data processing

activities on its website.

4.4.9. Processing the personal data of non-natural person Customers

In addition to the data recorded during the identification procedure, required by the applicable

law, in the case of a non-natural person Customer, the Bank keeps records of the following

data:

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a) statistical code, b) tax number, c) payment account number, d) specimen signature of the Representative and the personal data indicated thereon, e) the Customer identification password in the case of an order made on the telephone or

by fax; f) specimen signature of the authorised representatives, g) all details provided by the Customer voluntarily in the agreement that are necessary for

the use of the given banking service or the electronic communication between the Parties.

4.5. Providing the Customer with Banking Information

4.5.1 At the request of the Customer or another credit institution, the Bank shall provide data

falling within the scope of banking information on the basis of the Customer’s data registered

with the Bank, provided that the Customer requests this or gives his consent to that effect in

writing. In his request or consent the Customer must clearly indicate the scope of the banking

information requested to be disclosed.

4.5.2. If the Bank refuses to provide banking information, this shall not qualify as an

assessment of the Customer, and the Customer is not entitled to make any claim against the

Bank on the grounds of such refusal.

4.5.3. At the Customer’s request, the Bank undertakes to obtain banking information. The Bank

is not liable for the correctness and truthfulness of banking information obtained from

somewhere else and does not indicate the source of such information to the Customer.

4.5.4. The Bank discloses and/or acquires banking information against the payment of the fee

set out in the effective List of Terms and Conditions.

4.6. Transfer of data to the Central Credit Information System (Központi Hitelinformációs Rendszer, KHR)

4.6.1. The KHR is a contained database where the management of the registered data allows

a sounder assessment of creditworthiness while facilitating the fulfilment of the conditions of

responsible lending and the reduction of lending risks. The KHR is managed by an independent

financial enterprise specialised in database management (currently Bankközi Informatikai

Szolgáltató Zrt, or BISZ Zrt) based on the data transferred to the KHR by the legally designated

reference data providers (financial institutions, payment institutions, electronic money issuers,

insurance companies, investment service providers, etc.).

4.6.2. Pursuant to the effective legislation on the central credit information system, upon the

conclusion of contracts subject to data supply obligation (e.g. contracts for financial services)

the Bank as reference data provider shall transfer the legally specified data (hereinafter:

‘reference data’) of the particular customers to KHR in writing. Within the scope of data supply

32

both natural person Customers and enterprises are considered as Customers on condition that

for natural person customers special conditions are also stipulated by law.

4.6.3. Prior to transferring the reference data to the KHR the Bank shall obtain a written

declaration of consent from the concerned natural person Customers with regard to their data

being taken over from the KHR by other reference data providers. This consent may be denied

by natural person Customers any time while their data are registered in the KHR. The

declaration should cover all contracts of the natural person Customer subject to data supply.

Should the natural person Customer wish to change the contents of the declaration at a later

time, or withdraw or deny its written consent, then in each case the declaration with the latest

date shall apply to all relevant contracts subject to data supply.

4.6.4. No consent by the customer is required for receiving the following data managed in the

KHR by other reference data providers:

a) legally specified reference data of a natural person Customer who fails to meet its payment

obligation resulting from a contract subject to data supply so that the overdue and unpaid

amount exceeds the minimum monthly wage effective at the date of default, and such default

period lasts over ninety days;

b) legally specified reference data of a natural person customer who provided false data, or

used false or forged documents for initiating the conclusion of a contract subject to data supply

as a result of which a final court decision established that criminal offence had been committed;

c) legally specified reference data of a natural person customer against whom a final court

decision established that with regard to the use of a cash substitute device criminal offence

had been committed;

d) legally specified reference data of an enterprise which fails to meet its payment obligation

resulting from a contract subject to data supply so that the overdue and unpaid debt exists for

over thirty days.

4.6.5. In cases specified under section 4.6.4. a) the Bank shall inform the natural person

customer in writing thirty days prior to the planned transfer of data to the financial enterprise

managing the KHR about the fact that it’s legally specified reference data shall be transferred

to the KHR should the customer fail to meet its contractual obligation.

4.6.6. In accordance with the provisions of the law the Bank shall inform the registered

customer about the data transfer in writing no later than within five business days from the date

of the performed data transfer toward the financial enterprise managing the KHR.

4.6.7. Customers shall be entitled to receive information regarding the processing of their data.

Customers registered in the KHR may request the Bank or any reference data provider

information about what data are registered in the KHR and which reference data provider

supplied them. Customers may receive unlimited information about their own data registered

in the KHR as well as information about who, when and upon what grounds may have access

to such data, without any cost or fee charged by the Bank for providing such information.

4.6.8. Legal Remedy

33

Customers registered in the KHR may file an objection against the transfer of their reference

data to the financial enterprise managing the KHR or the processing of such data by the

financial enterprise managing the KHR, and may request the rectification or erasure of the

relevant reference data. Should the Customer disagree with the response given to the

objection, the Customer may, within thirty days of the receipt of the Bank’s response or, if the

Bank failed to meet its legally specified obligation to provide information the Customer may,

within thirty days, file an application to the district court of competent jurisdiction according to

the place of residence where the case shall be dealt with in expedited proceedings. The

Customer may also bring a case to the district court competent according to their place of

residence when the Bank does not fulfil the information obligation specified by law.

4.6.9. Detailed information regarding the KHR is contained in the relevant customer

information documents provided by the Bank.

4.7. Contract, Form of Legal Declarations

4.7.1. The Customer and the Bank may enter into a contract with each other or issue legal

declarations for each other on paper, or electronically.

4.7.2. A contract, not prepared on paper, shall be qualified an electronic contract if

a) the party issuing the legal declaration applied at least an enhanced security electronic

signature on the electronic document, or

b) in the document created on paper or in a manner specified in point a), the Bank and the

Customer agree to enter into a contract or issue legal declarations in an identified electronic

manner.

4.7.3. ‘Identified electronic channel’ means a customised electronic procedure, which allows a

legal declaration to be made in a form suitable for the clear identification of the declarer and

the date of making the declaration and for recalling the content of the legal declaration without

any change.

Unless the contract concluded with the Customer specifically provides otherwise, an identified

electronic channel shall include legal declarations made through telefax, legal declarations

made by the Bank through a coded SWIFT message, legal declarations made while using the

NetBANKár service, the TeleBANKár service, VideoBANK service, the PCBankár service,

the MobilBANKár MKB Mobilbank and MKB Pay service and legal declarations made by an

audited electronic communication device (e.g. video customer service), provided that, under

the contract for the service used for the legal declaration, the issue of the legal declaration is

permitted.

4.7.4. An audited electronic communication device is an electronic real-time image and voice transmission system suitable for remote customer due diligence through an electronic data transmission channel, the interpretation and safe storage of declarations made by the Customer, and the retrieval and checking of the stored data.

34

5. Orders and performance of orders

5.1. Acceptance of orders

5.1.1. Orders to be fulfilled by the Bank within the deadline set out in the effective List of Terms

and Conditions are to be submitted to the Bank in reasonable time so that it has the time

necessary for performance.

5.1.2. The Bank shall inform the Customer about the particular time available for the

acceptance of orders, as well as about the way and deadlines of performing payment orders

in the List of Terms and Conditions.

5.1.3. If the Customer wishes the order to be performed in any way different from the general

banking practice or by a specific date, he shall expressly inform the Bank thereof and bear the

relating extra costs. The Bank is entitled to refuse to accept such orders.

5.1.4. Each order must clearly contain the subject of the order and the details necessary for its

performance. If the Bank establishes that the Customer has submitted an incorrect,

ambiguous or incomplete order, it shall return such order to the Customer, clearly indicating

the reason of doing so. The Customer shall expressly point out to the Bank if the submitted

order is a modification, confirmation or repetition of a previous one. Any damage arising from

the failure to do so is to be borne by the Customer.

5.1.5. If the Bank confirms the order, the Customer shall immediately object to any discrepancy

between the order or its performance and the confirmation.

5.1.6. The Bank shall perform orders given by the Customer on the telephone, by fax or in any

other electronic form only if the Customer has granted express authorisation for the use of

such means of communication in the way and under the conditions defined in these Business

Rules. The Bank is entitled to limit the scope of services with respect to which it accepts orders

submitted on the telephone, by fax or in any other electronic form. These Business Rules and

the effective List of Terms and Conditions shall contain the orders that can be made on the

telephone, by fax or in any other electronic form, and the conditions and method of giving the

order.

5.1.7. If the Bank performs a payment order made on the telephone, by fax or in any other

electronic form on the basis of an agreement made between the Parties, but the Customer

provides such order in writing on a later date, in this written order submitted on paper the

Customer shall indicate that the order has already been made on the telephone, by fax or in

any other electronic form. Any damage arising from the failure to do so is to be borne by the

Customer.

5.1.8. Unless the Bank has specified conditions of special liability undertakings in relation to

the given service in these Business Rules, the List of Terms and Conditions or the agreement,

it shall deem the order made on the telephone, by fax or in any other electronic form to have

been received from the Customer in all cases, provided that the specific customer identification

35

procedure applicable in the given legal relationship has been complied with, and no other

identification measures have been effectuated by the Bank. The Customer acknowledges that

if the Bank has acted in compliance with the order, any damage caused by the performance

of orders made on the telephone, by fax or in any other electronic form, shall be borne

exclusively by the Customer.

5.1.9. Data forwarded to the Bank during the operation of the telephone or other electronic

data transfer networks, also including data qualifying as bank secrets, may become known to

unauthorised persons. By submitting the order pursuant to Section 5.1.6, the Customer

acknowledges and assumes possible risks arising from such circumstances on condition that

the Bank is liable for any fault of negligence occurring within its own control.

5.2. Performance, Offsetting

5.2.1. In the lack of specific provisions to that effect, the Bank may choose the way of

performing the order at its own discretion. The Bank may refuse to perform the Customer's

inefficient instructions by simultaneously notifying the Customer of the refusal.

5.2.2. Unless the Customer provides otherwise, the Bank performs the orders in the order of

their receipt. The order of receipt is established according to the Bank’s records.

5.2.3. The Customer must fulfil his payment obligations to the Bank within the applicable

deadline. The Bank may settle any debt towards the Customer by offsetting, against the

Customer’s debt owed to it, any of the Customer’s overdue debt and also the amount of

damages to be covered by the Bank due to the breach of contract by the Customer. The Bank

exercises its offsetting right by directly debiting its due receivable on any of the Customer’s

bank account or customer account kept by it. If the currency of the Bank’s debt and receivable

is different, then during offsetting the Bank applies the exchange rate specified in its currently

effective List of Terms and Conditions for the settlement. The account statement, sent to the

Customer by the Bank, constitutes a legal declaration on offsetting, which contains the offset

amount and the title of offsetting and also certifies the transaction. The contractual obligations

of Customers other than consumers towards the Bank cannot be terminated through offsetting.

5.2.4. Providing the Customer’s bank account is kept by the Bank, the data of performance of

payment obligation of the Bank towards the Customer is the date on which the amount is

credited on the Customer’s bank account, or if the payment account is not kept by the Bank

then the date on which the bank account of the Bank is debited.

5.2.5. If the order cannot be performed due to any reason, the Customer must be notified about

it in immediately, unless the order cannot be performed due to lack of funding. In this latter

case the Bank may proceed in compliance with the provision of Section 5.2.2.

5.2.6. The date of payment made for the Bank is the day on which the Bank debits the

Customer’s bank account kept by it. If the Customer does not have a bank account with the

Bank, the payment date is the date on which the transferred amount is credited on the Bank’s

own account, or in the case of cash payment, when the amount is paid in cash to the Bank.

36

5.2.7. The Bank shall be entitled to correct wrong credit and debit entries (occurred because

of the reason emerged in the sphere of interest of the Bank) as soon as they are discovered

without the need to seek the Customer’s consent, without any limitation in time. The Bank shall

immediately notify the Customer of the fact of correction.

5.3. Verification of funds, Queuing

5.3.1. The Bank shall perform the Customer's payment order only if funds sufficient for the

performance of such order are available – including, with the exception of the transaction levy,

the funds covering the fees and costs payable by the Customer – in full amount and the order

given by the Customer meets the requirements set out in the Framework Contract for

Payment Services. The Bank shall perform a prompt payment order if its amount is

available and the order meets the requirements set out in the Framework Contract for

Payment Services. In case of promt payment orders the Bank shall not verify the

availability of the related bank fees.

5.3.2. If a payment order is submitted with a specified value date, the Bank shall verify the

availability of funds first in the morning on the specified value date.

5.3.3. If a direct credit order is submitted electronically, the required funds shall be made

available on the bank account concerned prior to the submission of the order. If sufficient funds

are not available on the bank account when the order is submitted, the Bank shall immediately

refuse the order referring to the lack of funds. If a direct credit order is submitted with a specified

value date, the Bank shall verify the availability of funds on the day specified in the order (in

the morning of the specified date of debit).

5.3.4. The deposit fixed may be used as funds for the performance of the order only upon

receipt of the notice of the termination of the deposit agreement.

5.3.5. In the lack of instruction of the payee to immediately return the order, the Bank shall

queue payments under official transfer orders and remittance summons which can be

performed partially or cannot be performed at all due to lack of sufficient funds until the funds

necessary for the performance are provided for – but for maximum thirty-five days.

The sequence of the performance shall be defined by the date of acceptance. From the point

of view of performing payment under official transfer orders and remittance summons, the bank

accounts of the Customer kept at the Bank shall be deemed as a single bank account. An

exception to this principle shall be the sum kept on payment accounts isolated for a specific

purpose, and reserved for the utilisation of funds no longer freely disposable by the account

holder.

In case of payments under official transfer orders and remittance summons in foreign

currencies not listed by the Bank, the Bank shall perform the payment transfers in HUF by the

application of the official foreign currency mid-rate published by the National Bank of Hungary

effective on the day of the debit. In respect of official transfer orders and remittance summons,

the Bank shall perform partial payment to the extent of the funds available. After the initiation

of the termination of the payment account agreement, the Bank shall not accept official transfer

37

orders and remittance summons; the issuer of the official transfer order or the remittance

summons is notified by way of such rejection.

5.3.6. The Bank shall queue the payment transfer and collection orders for thirty five days if

they cannot be performed due to insufficient funds, or if they are not rejected pursuant to the

law or the present Business Rules or to the agreement with the account holder. The deadline

of the queuing shall start on the business day following the acceptance of the payment transfer

order. Exceptions from queue management are set out in the documents titled List of

Terms and Conditions for Private Persons and List of Terms and Conditions for Legal

Entities and Organisations without Legal Entity.

The Bank shall not put direct debits, which cannot be performed due to insufficient funds, in

the queue, and shall reject their performance with reference to lack of funds.

5.3.7. Except for direct debits the Bank shall immediately inform the payee about the queuing

of collection orders which cannot be performed due to insufficient funds by way of the payment

transaction service provider managing the payee’s payment account. The notification shall

contain the details of the original collection order and the last day of the queuing.

5.3.8. The Bank records the items in the queue by account, in the currency of the account. The

Bank settles any items in the queue against any of the Customer’s bank account with the

exception of the Customer’s order. In the case of queuing items – with the exception of

payment transfer to authorities and order to perform payment transfer (promt HUF collection)

– there is no partial performance.

5.3.9. The Bank may debit the Customer’s account kept at the Bank with the consideration of

uncovered payment orders listed in the Bank’s List of Terms and Conditions and the amounts

lent by the Bank even if funds are insufficient on the Customer’s bank account affected by the

transaction, under the following titles:

settlement of interest, commissions, fees and charges, exchange rate difference debited to the Customer in relation to FX payment

orders, unfunded amounts related to the performance of Treasury transactions, bank card transactions if they were performed with the bank card issued for

the card holder, cancellation items of erroneous bank debits and credits, consideration for cheques credited to the Customer if the issuer fails to pay

the consideration, interest tax.

5.3.10. The Customer shall immediately compensate the Bank for any funds advanced by the

Bank for the purpose of performing the order.

5.3.11. If the Customer reimburses funds in accordance with Section 5.3.10(?) for payment

accounts kept in HUF, the Bank shall apply the following order:

the specific HUF account, other HUF accounts of the Customer (in an increasing order by account

number) accounts of the Customer kept in foreign currency in EUR, USD, GBP order,

followed by any other foreign currency accounts.

38

5.3.12. For any payment account kept in any foreign currency other than HUF the Bank applies

the reimbursement order defined under Section 5.3.11 to the payment account kept in that

currency.

5.3.13. If a particular payment account balance covers any liability towards the Bank only in

part [unfunded (credited) orders/debts] then the Bank may enforce its due claim in partial

instalments as well against the various payment accounts.

5.3.14. The Bank shall make an attempt to debit an unfunded (credited) order / debt concerning

several bank accounts in the following order:

for different currencies first the unfunded order and/or credited debt on the HUF account,

for identical currencies, in an increasing order by payment account number.

5.3.15. If the performance of an order in the queue and/or the collection of an unfunded

(credited) order/debt requires currency conversion, the Bank shall apply the MKB commercial

rate prevailing on the date of performance/collection.

5.3.16. The Bank is entitled to return to the Customer uncovered payment orders registered

and suspended pursuant to the provisions of statutory regulations or exceeding the items listed

in section 5.3.9 hereof, and/or to delete orders without cover from its records, by

simultaneously notifying the Customer of such deletion

5.4. Modification and withdrawal of orders

5.4.1. Before the Bank has commenced the working process aiming at performance, the

Customer is entitled to modify or withdraw his orders in writing, or – upon carrying out the

specific customer identification procedure set out in Section 2.3.6 – in an electronic form.

5.4.2. If the Customer modifies or withdraws his payment order before the commencement of

the working process by the Bank, the Bank performs the order in accordance with the

modification, and/or deletes it. In the case of modification or withdrawal made after the referred

commencement date, the Bank is entitled to act according to the original order subject to the

proviso that it attempts – if feasible – to stop the working processes that have not yet been

carried out.

5.4.3. If the modification or withdrawal of the order is not submitted by the Customer in writing

or in an electronic form, and the Bank has previously made the acceptance of modification or

withdrawal conditional on written confirmation, the Bank may suspend performance of the

order, within the deadline set out in the agreement to that effect, until receipt of the written

confirmation. If the organisational unit of the Bank entitled to receive the order has not received

the written confirmation on modification or withdrawal of the order, the Bank shall perform the

original order.

5.4.4. The Bank shall charge the fee set out in the effective List of Terms and Conditions for

the modification or withdrawal of orders, and the Customer shall also bear any costs incurred

in relation thereto.

39

5.5. Withholding of services

With reference to its own conditional or term claims, the Bank may withhold ongoing services

to be provided to the Customer even if they are not based on the same legal relationship.

5.6. Involvement of an intermediary

5.6.1. The Bank is entitled to involve a third person if it considers it necessary for the

performance of the order given by the Customer. The Bank is liable for the intermediary as if

the Bank itself has carried out the activity entrusted to such person. If, however, the

intermediary’s liability is established by law, the liability of the Bank shall be determined

accordingly.

5.6.2. In case a foreign intermediary is engaged for the performance of the order, provisions

of the relevant international rules shall govern the liability of the Bank.

5.7. Outsourced Activities

The following activities related to the services of the Bank are carried out for the benefit of the

Bank by the companies listed below:

5.7.1. MKB Operations (Üzemeltetési) Kft (1134 Budapest, Kassák Lajos u.18., company

register no.: 01-09-561558):

(a) mail opening;

(b) putting letters in envelopes and addressing envelopes;

© carrying out delivery tasks;

(d) managing the archives, destruction of documents.

5.7.2. EPDB Nyomtatási Központ Zrt. (1117 Budapest, Budafoki út 107-109., company register

no.: Cg.01-10-048079)

a) personalisation of Customers’ receipts and letters; b) putting personalised letters in envelopes, packaging, payment of postage and

handing over the packages for transport;

5.7.3. ANY Biztonsági Nyomda Nyrt. (Budapest 1102, Halom u. 5., company register no.: 01-

10-042030):

(a) printing and posting of PIN codes related to bank cards;

40

(b) personalisation and posting of bank cards.

5.7.4. Microsoft Magyarország Kft. 1031 Budapest, Graphisoft park 3. (Záhony u.) and

Microsoft Ireland Operations Limited (head office: Atrium Building Block B, Carmenhall Road,

Sandyford Industrial Estate, Dublin, Ireland)

and

Microsoft Corporation (registered office: One Microsoft Way, Remond WA, USA 98052

a) Arrangement of electronic correspondence to and from MKB Bank Plc. by using the so-called clouds service within the framework of Microsoft Office 365 programme.

5.7.5. PAYCORP GROUP (PROPRIETARY LIMITED) (Sandhavon Office Park, 14 Pongola

Crescent, Eastgate Extension 17, Sandton, Gauteng, Johannesburg, Republic of South Africa,

company register no.: 2013/077629/07.):

Providing processing services within the framework of the so-called ATM Point Operation

Model developed by the ATM Point Limited Liability Company, the scope of which covers:

a) forwarding of transactions initiated in ATM machines involved in the Model for

authorisation and forwarding of the responses to the ATM machines;

b) management of ATM machines, the processing of transactions and the

forwarding of successfully performed bank card transactions to the International

Card Organizations for settlement purposes;

c) preparing reports for the Bank;

d) storing, saving and archiving data as well as participating in the complaint

handling procedure.

5.7.6.

GIRO Elszámolásforgalmi Zártkörűen Működő Részvénytársaság (H-1054 Budapest, Vadász

u. 31., Hungary; company register No: 01-01-041159):

Processing and transferring the personal data of consumers requesting a switch of the

payment accounts electronically, in standardised messages and with attachments.

5.7.7.

e-Jogsegéd Szolgáltató Korlátolt Felelősségű Társaság (1135 Budapest, Kisgömb u. 6. fszt.

1., company register No.: Cg.01-09-938288):

management of enforcement proceedings, receipt of bailiff’s requests

5.7.8.

uPaid Sp. z.o.o. (01-678 Warsaw, Czastkowska 14., Poland; company registration number:

KRS 0000387683)

MCBP Wallet operation within the scope of the virtualisation of the MasterCard

bankcards issued by MKB Bank Plc. in the MKB mobile application

41

5.7.9.

Card-Consulting Kft. (1125 Budapest, Kútvölgyi út 32.; company register No.: Cg.01-09-200697):

operation within the scope of the SZÉP card system, ensuring the operation

5.7.10.

Pénzjegynyomda Zrt. (1055 Budapest, Markó utca 13-17., company register No.: Cg. 01-10-042247):

generation, personalisation and mailing of Széchenyi Pihenő Kártya (Széchenyi Recreation Card –

Hungarian acronym: SZÉP)

5.7.11.

Deep Water Kft. (8600 Siófok, Hunyadi János utca 21., company register No.: Cg.14-09-316337):

on-the-spot checking of the goods and other tangible assets (coverages) in the property of the

customers in the course of enforcing receivables

5.7.12. MKB Digital Szolgáltató Zrt. (1134 Budapest, Kassák Lajos u. 18., company register No.: Cg.01-10-140287):

a) IT management services; b) IT development services;

c) IT consulting services.

5.7.13. Soloron 40 Zrt. (registered officer: 1054 Budapest, Kálmán Imre utca 1., company registration number : Cg.01-10-140407) IT operation and support services d) 5.7.14. TAKARÉKINFO Központi Adatfeldolgozó Zrt. (registered officer: 1027 Budapest, Kapás utca 11-15.; company registration number: 01-10-043224 Operation and support of the Instant Payment System (IPS) 5.7.15. TECHTEAMER Kft. (registered office: 1095 Budapest, Lechner Ödön fasor 3. B. building II/1, company registration number: Cg.01-09-962028) Live video connection based virtual customer service

5.8. Invoices, summary invoice, accounting certificate

The Bank issues an invoice for the Customer for the consideration of the services performed

by it in the case of services subject to VAT and an accounting certificate suitable for tax

administration identification in the case of services not subject to VAT. The invoices specified

under the Act on value added tax may be issued as individual or summary invoices.

6. Liability

6.1. The Bank shall not be liable for any failure to provide, or any delay in providing, a service

undertaken for performance if it is caused or hindered by a dispute between the Customer and

42

a third person or by acts attributable to a third person. In this case the Bank shall be entitled

to the fees and charges payable for the service in proportion of the order’s performance.

6.2. The Bank shall not be liable for damages arising from any negligence and delay on the

Customer’s part or from causes beyond the Bank's control (e.g. uprising, war, natural disaster,

strike, general and permanent power cut, outage of the telecommunication network,

obstruction of traffic, explosion, bomb scare). The Bank shall not be liable for damage or loss

arising from acts of governments or authorities whether in Hungary or abroad, or from the

refusal of, or delay in, granting licences, permits, consents by any authority, provided that such

acts of the authorities were taken for a reason other than the Bank’s unlawful conduct.

6.3. If the Bank receives and forwards documents upon the Customer's order, the Bank shall

only inspect the documents as to whether they comply with the order. The Bank shall not be

liable for the genuineness, validity and content of such documents.

6.4. The Bank shall not be liable for the consequences of the performance of any false or

forged orders if the Bank cannot recognise the false or forged nature of orders with the

methods of investigation usually applied in the banking practice.

6.5. In the course of using the electronic mail system and the services provided by the Bank,

suitable for forwarding data and information via electronic channel, the Bank shall be liable

towards the Customer for errors, failures occurring within the Bank’s sphere of interest. The

Bank and the Customer shall co-operate and act in good faith when establishing liability.

7. Conclusion, termination of agreements, settlement, assignment 7.1. Conclusion, cessation and termination of the contract and time required by the Bank for processing the cessation

7.1.1. Agreements made for a definite period of time terminate upon the expiry of the period

specified therein.

7.1.1.1. The Customer and the Bank conclude the agreement pertaining to financial and

financial supplementary service in writing. Agreements in hard copy, contracts generated in

electronic document format with high security electronic signature and contracts concluded via

identified electronic means qualify as agreements concluded in writing.

Contracts may be concluded via identified electronic means by using services specified by the

Bank: NetBANKár service, TeleBANKár service and Call Centre and VideoBANK service. The

means, terms and conditions of contract conclusion via identified electronic means and

contracts generated in electronic document format with high security electronic signature are

specified in the respective provisions of this Business Rules and in the List of Terms and

Conditions.

Errors occurring during the electronic recording of data when concluding a contract on

an electronic channel shall be identified and corrected within the framework provided

by the given electronic channel prior to the issue of legal declaration relating to the

contract.

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7.1.2. Agreements terminate upon death in the case of a natural person Customer or upon the

dissolution without legal succession in the case of a non-natural person Customer if the legal

regulation, the Business Rules of the Bank or the agreement between the Bank and the

Customer expressly stipulates so. The Customer’s death immediately terminates the

framework contract for payment services, unless several owners are assigned to the payment

account.

7.1.3. The Customer and the Bank may at any time terminate the agreement with mutual

consent.

7.1.4. In the cases defined in the agreement or the Business Rules, the Customer and/or the

Bank may terminate the Agreement unilaterally by giving notice.

7.1.5. The Bank shall perform its immediate obligation to keep banking records and handle data in relation to the cessation of the contract within the shortest possible deadline that can be expected or not later than within the ultimate time limit specified in the List of Terms and Conditions. The Bank shall not be liable for contractual operation between the cessation of the contract and its technical termination in the banking system. 7.1.6. Depending on the content of the services and orders, the Framework Contract for Payment Services and related other contracts and payment orders shall be performed only in accordance with the rules pertaining to the prior termination orders or deadlines relating to the specific services and orders, in compliance with the rules of performance of higher-ranked administrative orders, in the order specified in the List of Terms and Conditions. 7.1.7. Following the cessation of the contract, the Bank shall continue managing the

Customer’s assets based on its settlement obligation until the settlement is made, in

compliance with the List of Terms and Conditions of the ceased contract.

7.2. Termination

7.2.1. Both the Bank and the Customer shall be entitled, subject to repayment of their

outstanding debts, to terminate the agreements made between them for an indefinite period of

time at any time, with a 30 (thirty) days’ notice, without giving reasons for the termination. The

Bank shall be entitled to terminate Framework Contract for Payment Services about the

extension of payment transactions with a termination period of 2 (two) months. The termination

shall terminate the agreement.

7.2.2. Agreements made for a definite period of time may only be terminated with immediate

effect with an extraordinary termination notice.

7.2.3. The right of either party to terminate an agreement with immediate effect shall be

deemed well founded if the other party has failed to co-operate and/or to meet its obligation to

provide information and/or to supply data or its payment obligations due under the agreement

for the provision of banking services. The Bank may also exercise the right of termination with

immediate effect if the Customer severely breaches any of its agreements made with the legal

entities specified in Section 4.4.7 or if the activity of the Customer severely violates or

44

endangers the interests and good reputation of the Bank (also including if the Customer1s

activities prevent or render impossible compliance with applicable law by the Bank).

7.2.4. Agreements under which the Bank has irrevocably undertaken an obligation against a

third person may not be terminated.

7.3. Settlement upon termination

7.3.1. Upon the termination or cessation of an agreement the collateral for the agreement shall

be maintained until all the claims of the Bank against the Customer are fully satisfied.

7.3.2. If an agreement is terminated or ceases, the Customers' liabilities towards the Bank,

including interest, fees, charges and costs, become immediately due.

7.3.3. When the contract ceases to exist or is terminated, the Bank makes a settlement with or

pays any outstanding debt to the Customer not later than after the checks run in its records

within the framework of closing the contract or account relationship within the deadlines stated

for such purposes in the List of Terms and Conditions.

7.3.4. Following the cessation of the contract, the remaining amount shall be transferred to the Customer as the payment of the Bank to the Customer following the settlement but its performance is no longer governed by the deadlines pertaining to the performance of payment orders.

7.4. Assignment

The Customer may only assign its claims from the Bank with the written consent of the Bank.

The Bank may not refuse its consent without a justifiable reason.

7.5. Assignment of Rights

The Customer may assign any right, arising from any legal relationship with the Bank only with

the Bank’s prior written consent.

45

II. General provisions related to payment services

8. Payment Service Types and Their Characteristics

8.1. Types of Payment Services Provided by the Bank

8.1.1. The Customer shall be entitled to utilise the Bank’s payment services in the way and

under the conditions defined in the Framework Contract for Payment Services concluded with

the Bank.

8.1.2. Payment services provided by the Bank: cash deposit to the payment account, cash

withdrawal from payment account, opening and managing a payment account, performance

of payment transactions between the payment accounts, and issuing cash substitute payment

instruments and ensuring their use in a way specified in section 8.2.7.

8.2. Definitions

8.2.1. Payment transaction: the performance an order – by one of the payment methods –

initiated by the payer or by the payee, or an order initiated by an officer empowered to issue

an official transfer order or a remittance summons.

Payment methods that can be applied during the payment transaction: cash payment, payment

between the payment accounts, cash payment connected to payment account and payment

with no payment account.

Methods of payment between payment accounts:

a) transfer, including direct debit, regular transfer, payment transactions based on official transfer order or a remittance summons;

b) collection, including collection based on the letter of authorisation, collection of bills, collection of cheques, group collection, deferred payment documentary collection, documentary collection;

c) payment initiated by the payer via the payee; d) documentary credit (letter of credit) e) e) payment transaction performed by a cash substitute payment instrument (e.g.

payment by using bank card).

Methods of cash payments specific to the payment account:

a) cash deposit to a payment account, b) cash withdrawal from a payment account.

8.2.2. Payer: the Customer who, as the holder of the payment account, approves the payment

order from his payment account, who gives payment order in the absence of a payment

46

account, or whose payment account is debited by the Bank on the basis an official transfer

order or remittance summons.

8.2.3. Payee: the Customer who is the intended recipient of funds which have been the subject

of the payment transaction.

8.2.4. Payment order: the payer’s or payee’s order given to the Bank for performing a payment

transaction, as well as an official transfer order and remittance summons.

8.2.5. Payment account: the payment account opened by the Bank for the performance of

payment transactions pursuant to the Framework Contract for Payment Services, irrespective

of naming.

8.2.6. Current account: a payment account opened and managed by the Bank pursuant to the

Framework Contract for Payment Services concluded with the Customer, in order to perform

the payments of the Customer within his regular business activities as prescribed by law.

(Payment account for the purposes of the Framework Contract for Payment Services).

8.2.7. Payment instrument (cash substitute payment instrument): a personalised device or set

of procedures defined in the Framework Contract for Payment Services concluded by the

Customer and the Bank, which allows the Customer to issue a payment order. The payment

instruments provided by the Bank for the Customer, may be used by the Customer within the

framework of bank card service, the TeleBANKár service,the NetBANKár service , the

NetBANKár business service and the PCBankár service.

8.2.8. Durable medium: any instrument which enables the Customer to store information

addressed personally to him by the Bank in a way accessible for future reference for a period

of time adequate for the purposes of the information and which allows the unchanged

reproduction of the information stored. The Bank uses durable data media for the transfer and

supply of data within the framework of the PCBankár service, the NetBANKár service and the

TeleBANKár service, as well as messages sent via electronic mail systems (email) to transmit

digitally authentic contracts and documents with the proviso that, with the exception of the

TeleBANKár service, the storage and display is the Customer’s obligation, including also the

use of the adequate device, virus protection, etc.

8.2.9. Framework Contract for Payment Services: agreement between the Bank and the

Customer for the provision of financial services, irrespective of its title (e.g. application and

confirmation), which contains the important conditions of payment orders or payment

transactions based on the Framework Contract, including the opening and managing of the

payment account, and the method and conditions of utilisation of payment services provided

by the Bank. These Business Rules and the List of Terms and Conditions constitute integral

parts of the Framework Contract for Payment Services.

The Bank may propose the modification related to the Framework Contract for Payment

Services, by the notice sent to the Customer on paper or on durable medium minimum two

months before the modification enters into effect. The deadline shall expire on that day, which

is the start date as a result of its number, and if this date is missing in the month of expiry, on

the last day of the month.

If a modification is proposed in a Framework Contract for Payment Services, the Bank must

inform the Customer of the fact that the amendment can be considered approved by the

47

Customer if the latter fails to inform the Bank of its refusal of the amendment before the

effective date of the amendment. Such communication must also inform the Customer of the

fact that up to the day immediately preceding the effective date of the amendment, the

Customer is entitled to terminate the Framework Contract for Payment Services with

immediate effect and free of all charges, fees and other payment liabilities.

The Customer may accept or reject the modification of the Framework Contract even before

the effective date proposed by the Bank. If the modification is accepted, it shall enter into effect

at the time proposed by the Bank. The rejection of the modification by the Customer is

considered the termination of the Framework Contract with immediate effect, without incurring

any fee, cost or other payment obligations.

The interest rate or exchange rate may be changed immediately without sending any notice if

the modifications are based on a reference interest rate or a reference exchange rate.

The Bank shall be entitled to terminate the Framework Contract for Payment Services

concluded for an indefinite period with a two-month notice period.

The Bank may terminate the agreement with immediate effect if the Customer breaches its

obligation under the Framework Contract for Payment Services materially or repeatedly.

The Customer shall be entitled – concurrently with settling his debts – to terminate the

Framework Contract for Payment Services of indefinite period with a one-month notice period

without incurring any fee, cost or other payment obligations. If the Customer terminates a

Framework Contract which has been in effect for less than six months, the Bank is entitled to

a fee to the extent and in the amount specified in the List of Terms and Conditions.

Within the sphere of payment services the interest rate or exchange rate may be changed

immediately without sending any notice to the Customer if the modifications are based on a

reference interest rate or a reference exchange rate.

8.2.10. Business day: a day on which the Bank is open for business in order to perform a

payment transaction.

8.2.11. Strong customer authentication: an authentication based on the use of two or more

elements categorised as

a) knowledge (something only the user knows), and

b) possession (something only the user possesses)

c) inherence (something the user is)

that are independent, in that the breach of one does not compromise the reliability of the others,

and is designed in such a way as to protect the confidentiality of the authentication data.

8.3. Obligation to provide information, rules of notification and communication

8.3.1. Preliminary information: the Bank shall fulfil its obligation to provide information by giving

a copy of the framework contract to the Customer prior to its legal declaration aimed at

conclusion of the Framework Contract for Payment Services.

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8.3.2. Subsequent information: within the sphere of performing payment orders based on the

Framework Contract for Payment Services the Bank shall inform the Customer once a month

by making the payment account statement available. The Bank notifies its Customers of the

turnover of the bank accounts only with bank account statements and shall not send balance

statements pursuant to Article 6:392 (2) of the Civil Code. Bank account statements generated

in monthly frequency are issued on the first day of the month following the subject months,

bank account statements generated in weekly frequency are issued on Friday of the subject

week. If these days are not bank business days the bank account statements shall be

generated on the following bank business day.

The Bank shall make the payment account statement available for the Customer using the

NetBANKár service in such way that it should be possible to be stored and displayed by the

Customer with unchanged form and content. It is the obligation of the Customer to provide for

durable storage and ability to display that with unchanged form and content.

In divergence from the notification methods described in the paragraphs above, the Bank

delivers or makes available subsequent information – at least once a month free of charge –

to the payer at the request thereof through the NetBANKár service in a way so that the payer

can store the data for future reference for a period of time adequate for the purposes of the

information and display the information stored in an unchanged form and content.

If the payer is a consumer, at his request the Bank shall provide him the hard copy of the

payment account statement – classifying as subsequent information – once a month free of

charge, costs or other payment obligations, unless it has already been provided on paper

before.

The Bank shall apply a charge, under the conditions and in the amount defined in the List of

Terms and Conditions, for information provided more frequently, in more detail or by different

telecommunications device than the information defined in this section 8.3.2.

The Bank shall make available to its consumer Customers, once a year, free of charge, by 31

January of the subsequent year, a statement of fees and charges associated with the use of

the services attached to their payment account and, where applicable, the interest rates

applied to the payment account.

The statement of fees and charges is made available in the manner described in section 8.3.2.

of these Business Rules, simultaneously with the sending of the subsequent information

although the Bank shall make available the statement of fees and charges to the consumer

also on paper upon request.

The consumer may receive the statement of fees after the termination of the customer relationship at any branch after 31 January of the year following the given calendar year.

8.3.3. The rules pertaining to the safe process for the notification of the Customer in case the

Bank suspects or detects fraud or a threat to security are stipulated in the List of Terms and

Conditions.

49

8.3.4. The rules of communications between the Bank and the Customer, including the

technical and software requirements of the tools used by the Customer with the help of which

the Bank fulfils its notification obligation, are stipulated in the List of Terms and Conditions.

8.3.5. The Bank has the right to process and transfer data for the purpose of preventing,

examining and detecting fraud related to payments and cash substitute payment instruments;

the related rules are stipulated in the List of Terms and Conditions.

8.4. Payment order

8.4.1. Submission, receipt and acceptance of a payment order: the Customer shall submit the

payment order on business days, by taking into consideration the closing times of business

day defined in the List of Terms and Conditions. The Bank shall receive and take over the

submitted payment order by taking into consideration the closing times defined in the List of

Terms and Conditions. The Bank shall record and store the time of receiving the payment

order. The payment orders shall be taken over in the order of receipt contained in the Bank’s

records unless otherwise ordered by the effective legislation or the account holder.

If the payment order is received by the Bank after a closing time defined for acceptance that

shall be considered as accepted on the next business day.

8.4.2. Acceptance of a payment order: the Bank shall consider the payment order received, if

after checking that the performance of tasks defined for the Bank may be started, i.e. date and

financial coverage required for fulfilling the order are available.

8.4.3. Data required for performing the payment order: Data defined on the forms made

available by the Bank for the Customer, in addition, data defined for using the cash substitute

payment instruments.

8.4.4. The Bank shall not accept any incorrect, incomplete payment order, including payment

orders containing correction, deletion or conflicting data.

8.4.5. On the payment order containing modification, confirmation or repetition this fact must

be shown, otherwise the Bank shall be entitled to reject its acceptance.

The Bank shall not be liable for damages originating from incorrect or insufficient data included

in the payment order.

8.4.6. Rejection of a payment order: the Bank shall reject the performance of the payment

order if it that does not comply with the provisions of legislation, the content of the Framework

Contract concluded with the Customer, or which cannot be performed because of insufficient

funds.

The bank employs transaction monitoring mechanisms, which facilitate the protection of the

Customers against the risk of fraud. Having regard to this the Bank may reject the performance

of the payment order or may refuse access to account information if it suspects fraud for

sensible reasons.

50

8.4.7. Performance of a payment order: The Bank shall perform the payment order according

to the details accepted by it.

8.4.8. The Customer submits and the Bank performs any payment order pursuant to, and

according to the conditions of, the Framework Contract for Payment Services, without entering

into any separate contract for the payment order.

8.5. Approval and correction of payment transactions

8.5.1. The Customer shall approve the payment transaction by submitting the payment order

to the bank. The following shall be considered an approval:

a) submission of the payment order on paper,

b) receiving of the payment order in the Bank in the NetBANKár system, the TeleBANKár

system, the PCBankár system, and

c) cash withdrawal from ATM or purchase by bank card by using the bank card issued by the

Bank.

8.5.2. It is considered to be subsequent approval of the payment transaction, if the non-

consumer Customer does not initiate the correction of the payment transaction without delay,

but not later than within the period of 45 (forty-five) days – or the Costumer classifying as a

consumer immediately, but without delay, but not later than within the period of 13 months –

after its performance.

8.5.3. Correction of payment transactions: a non-consumer Customer may request the Bank

with no delay but not later than within the period of 45 (forty-five) days – and the Customer

qualifying as a consumer with no delay but maximum within a period of 13 months – to correct

the performed payment transaction which had not been authorised or had been authorised but

was performed erroneously.

8.6. Reimbursement

8.6.1. The Bank shall reimburse the amount of the payment transaction authorised by the

Account holder, initiated by or via the payee if:

a) the payer did not know the amount of payment transaction at the time of authorisation

and

b) the amount of the payment transaction has exceeded the amount, which was

reasonably expected on behalf of the payer in the given situation.

The payer shall prove that the conditions are met.

8.6.2. In connection with the reimbursement requirement the Bank shall check the payer’s

previous payment transactions, the circumstances of fulfilling the payment transaction and the

provisions of these Business Rules.

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8.6.3. The Customer shall attach at least the following documents to his request for reimbursement;

a) the original copy of the invoice and payment advice involved in the request for reimbursement, sent by the payee, as collector, to the Customer;

b) the original copy of the contract concluded by the Customer and the payee as collector, involved in the request for reimbursement;

c) The Customer’s declaration in a notarial deed or in a private document with full probative

force stating that at the time of approval the payer did not know the amount of the payment,

the reasons thereof, as well as a declaration why the collection is considered a transaction

exceeding the reasonably expected amount in the given situation.

8.6.4. The amount involved in collection can be considered an amount reasonably expected, therefore the Bank shall not fulfil reimbursement despite the Customer’s subsequent evidence, if verification of the reasonably expectation exceeds the scope of competence the Bank, in particular:

if the bill that fully meets the legal regulations applicable to bills of exchange, attached as the basis of the amount concerned by collection of bill has been signed by the Customer or the person acting on behalf and in the representation of the Customer in a way known and controllable by the bank.

8.6.5. The payer may enforce his claim for the reimbursement of the amount of the payment

transaction initiated by or via the payee and authorised by the payer for fifty-six days after the

day of the debit.

8.6.6. The Bank shall reimburse the amount of the payment transaction, or reject the request

giving the reasons therefor within ten business days from the submission of the payer’s

request.

8.6.7. If the registered seat of the payee’s payment service provider is not in the area of a non-

EEA country, the Customer shall not be entitled to the right of reimbursement even if at the

time of approval he did not know the amount of the payment, or the amount of the payment

exceeded the amount, which was reasonably expected from the payer.

In respect of currency exchange, the payer may not refer to section 8.6.1. b) if the Bank applied

the reference exchange rate that it was required to use.

8.6.8. The payer shall not be entitled to reimbursement if

a) he has given his approval directly to his payment service provider and,

b) information on the future payment transaction was provided or made available to the payer

by the Bank or the payee in the agreed manner twenty-eight days before the due date of the

performance of the payment order.

9. Rues of responsibility

9.1. Responsibility for using unique identifier

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9.1.1. If the payment transaction is performed by using an individual identifier (e.g. by entering

the payment account number), the payment transaction shall be deemed fulfilled with regard

to the payee indicated by the unique identifier.

9.1.2. If the official transfer and the transfer based on the remittance summons are performed

by using an individual identifier, the payment transaction shall be considered as performed in

terms of the payer indicated by the payer’s name and unique identifier.

9.1.3. The payment service provider shall not be liable for the non-performance of the payment

transaction or for incorrect performance of that if incorrect unique identifier was used.

9.1.4. The Bank shall be liable for performance of the payment transaction indicated by the

unique identifier, all other details shall be considered as not written.

9.2. Recovery of the amount of the payment transaction

9.2.1. Irrespective of responsibility, the Bank shall behave as usually expected in the given

situation in order to recover the amount of the payment transaction.

9.2.2. With a view to recovering the funds involved in the payment transaction, the payment

service providers of the payee and the payer, including the provision of all material information

to the payment service provider of the payer necessary for the recovery.

9.2.3. If it is impossible for the payment service provider of the payer to recover the funds

involved in the payment transaction, it shall provide the payer – at the written request thereof

– with all available material information which is necessary for the payer to take the appropriate

legal steps to recover the amount of the payment transaction.

9.2.4. In the event of recovery the Bank shall charge separate fee, costs or require other

payments defined in the List of Terms and Conditions.

9.3. Liability for defective performance

9.3.1. If a payment transaction was initiated by the payer, the Bank shall be responsible for its

defective performance unless it proves that the amount of the payment has been received by

the payee’s payment service provider.

9.3.2. If its liability exists, the Bank shall reimburse the payer the amount of non-performed or

deficiently performed payment without any delay, and to bring the payment account to a state

as if the incorrect payment transaction has not been performed.

9.3.3. If the amount of the payment has been received by the payee’s payment service

provider, the payee’s payment service provider shall be liable for the defective performance of

the payment transaction.

53

9.3.4. Irrespective of the liability for non-performance or incorrect performance of the payment

transaction, the Bank, upon the Customer’s request, shall behave as usually expected in the

given situation in order to track the non-performed or incorrectly performed payment

transaction and it shall inform the Customer of the result.

9.3.5. If the payment transaction was initiated by or via the payee, the payee’s payment service

provider shall be liable for forwarding the payment order to the Bank.

9.3.6. The payee’s payment service provider shall be liable for performing the payment

transaction to the payee in compliance with the law.

9.3.7. Upon the request of the Customer as the payer to correct an unauthorised payment

transaction or an authorised but incorrectly performed payment transaction, it is for the Bank

to prove – by way of authentication where necessary – that the objected payment transaction

was authorized by the payer and that it was accurately recorded and its performance was not

affected by a technical breakdown or some other deficiency of the service provided by the

Bank.

9.3.8. Upon the performance of an unauthorised payment transaction – regardless of whether

it was initiated through a payment service provider providing payment initiation services or not

– the Bank shall

a) refund the amount of the unauthorised payment transaction to the Customer as the payer

immediately, and in any event no later than by the end of the following business day, after

noting or being notified of the payment transaction, and

b) restore the debited payment account to the state in which it had been before the debit,

providing that the credit value date of the refund should not be later than the date when the

unauthorised payment transaction was performed.

9.3.9. The Bank is relieved of the obligation stipulated in section 9.3.8. if it has reasonable

grounds for suspecting that the Customer has acted fraudulently and communicates those

grounds to the relevant Supervision in writing

9.4. Exemption from liability

9.4.1. Section 9.3. shall only apply if the payee’s payment service provider’s headquarters is

not in the area of an EEA (European Economic Area) state.

9.4.2. The Bank shall be exempted from liability if it proves that the fulfilment of its obligations

was excluded by a reason outside its scope of competence (force majeure) or by provisions

specified in legislation or in a Community act.

III. PROVISIONS RELATED TO BANK ACCOUNTS

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10. Payment account agreements and related orders

10.1. Payment account services

10.1.1. The Customer shall be entitled to use the Bank’s payment services in the way and

under the conditions defined in the Framework Contract for Payment Services (hereinafter in

this chapter: ‘payment account contract’) concluded with the Bank.

10.1.2. Payment accounts that are opened for the sole purpose of payments due to customers

in relation to investment services and auxiliary services and commodity market services

provided by the Bank pursuant to the provisions of the Capital Market Act (customer accounts)

do not fall within the scope of effect of these Business Rules. The provisions of the Bank’s

Business Rules for the performance of investment services and auxiliary services shall be

applicable to such payment accounts.

10.1.3. The Bank manages and keeps records of the funds placed on the Customer's payment

account, credits transfers and payments to the payment account and/or performs the transfers

and payments from the payment account as ordered by the Customer in accordance with the

effective legal regulations.

10.1.4. The Bank records the funds deposited on the basis of the payment account agreement

in the given currencies without entering into a new payment account agreement and/or, if so

instructed by the Customer, under separate payment accounts, even in the case of the same

currency. The Bank considers the payment accounts as a single account in the case of the

enforcement of its claims against the Customer.

10.1.5. The Bank shall operate the payment accounts in the currencies specified in the List of

Terms and Conditions. If the Customer is in possession of convertible funds in currencies

other than the currency of its payment account, and/or such funds have been transferred in

its favour, the monies to be credited to the payment account shall be converted by the Bank

in accordance with the conditions set out in the List of Terms and Conditions, at its own

exchange rate applicable on the value date.

10.1.6. At the time of executing the payment account agreement, the Parties shall specify the

range of telephonic and/or electronic banking services the Customer may use in relation to the

particular bank account. If the Customer uses telephonic or other electronic banking services,

then during the term of the payment account agreement it may – following the completion of

the procedure for the Identification of Customers as defined in Section 2.3.6 – submit its

application for the use of other telephonic and electronic banking services through other

telephone or electronic channels too. In the List of Terms and Conditions in force from time to

time the Bank shall set out the telephonic and electronic banking services for which it can

accept applications (application forms) in respect of each telephonic and electronic channel.

10.1.7. In the List of Terms and Conditions the Bank may specify the minimum amount to be

put on the payment account as a pre-condition for the opening a bank account.

10.1.8. The Bank is entitled to a statutory pledge on the account holder’s positive account

balance to secure its own receivables arising from the account management services.

Consequently, the account managing bank may reduce the balance of the payment account

by the amounts of its receivables arising in relation to account management.

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10.2. Orders related to payment accounts

10.2.1. For the purpose of performing payments into and withdrawals from the payment

account the Customer may designate a permanent agent. The permanent agent shall proceed

as instructed by the Customer on each occasion.

10.2.2. The Customer may give orders in respect of the funds put on the payment account in

writing on the Bank’s printed forms, by telephone or electronic means of communication. Upon

the Customer’s request the Bank shall provide the Customer with the forms necessary to give

written orders.

10.2.3. A natural person Customer may give orders for debiting or crediting any HUF account

on a regular basis. If the Customer is a non-natural person or if the account is kept in a foreign

currency, the Bank is under no obligation to accept an order for performance on a regular

basis.

10.2.4. The Bank manages any amount intended for blockage by the Bank or the Customer

on the bank account, on which the funds are available.

10.3. Disposition for the event of death

10.3.1. The natural person Customer may designate another natural person in writing as the

beneficiary with the right to dispose over funds placed in the payment account in the event of

the Customer’s death. In such a case, the Customer shall provide to the Bank at least the

name, birth name, place and date of birth, mother’s maiden name and the permanent address

of the beneficiary.

10.3.2. In the event of the Customer’s death the Bank undertakes to pay the designated

beneficiary the balance of the payment account on the basis of the beneficiary’s order, with

simultaneous termination of the payment account, after the fact of the Customer’s death has

been proved with documentary evidence and the Identification of the beneficiary has been

carried out as defined in Section 3 of these Business Rules. The Bank is under no obligation

to notify the beneficiary on the Customer’s death.

10.3.3. The Customer shall modify or withdraw his/her disposition for the event of death by a

declaration made for the Bank in writing. The Bank shall always consider the last declaration

received as valid and effective.

10.4. Performance of orders related to payment accounts

10.4.1. The Bank shall only make payments from the bank account to natural persons who

have previously verified their identity by presenting original and valid public documents

suitable for the establishment of personal identity and whose Identification has been carried

out as defined in Section 3 hereof.

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10.4.2. The Bank shall credit payments made in favour of the Customer only on the basis of

an order received from a financial service provider after the amount transferred has been

credited to the Bank’s account. Unless the provided otherwise by law, any amount received by

transfer in favour of the Customer shall in each case be credited (paid) by the Bank in

accordance with the transferor’s instructions as set out in the transfer order but exclusively

after the examination of the account number [payment transaction indicator] specified for the

Bank. During this procedure the Bank shall not check the match of the account number and

the name of the Customer.

10.4.3. In the case of incoming transfers, the Bank shall not pay interest on the amount of the

funds received until the amount can be credited to the Customer’s payment account or paid to

the Customer. This provision shall also be applied if, for any reason, the Bank has to send the

amount back to the transferor. In such cases the Bank shall be entitled to charge the Customer

the commissions set out in the List of Terms and Conditions, provided failure to credit the

amount is not attributable to the Bank.

10.4.4. The Bank only agrees to make the Customer prompt cash payments in large amounts

in the currencies specified in the List of Terms and Conditions up to the amount stipulated

there in relation to such currencies. The Bank shall be notified of demands for payments

exceeding these amounts before the day of payment within the deadline defined in the List of

Terms and Conditions. Prompt payments in currencies not listed in the List of Terms and

Conditions may only be made if the funds necessary for the daily operation of the cashiers

are available. The Bank is entitled to make cash payments in specific currencies conditional

upon prior notice and to determine the maximum amount that can be paid at a time.

10.4.5. The Bank shall specify the conditions, methods and costs of the performance of the

orders – also including the fees, costs and commissions and the rules of their settlement – in

its List of Terms and Conditions.

10.4.6. The Bank shall notify the Customer on the performance of orders and the related

changes in the balance of the payment account in payment account statements. The Customer

may raise objections to the Bank in respect of the payment account statement and its

appendices within 15 (fifteen) days of receipt. Should no objections be raised within the above

deadline, the Bank shall deem the other party to have acknowledged and accepted the

payment account statement.

10.5. Refusal of performance

10.5.1. The Bank may refuse to credit (or to pay) any amount transferred in favour of the

Customer if the order is received from a financial institution, and it does not specify the

transferor.

10.5.2. The Bank may refuse to perform any order and at the same time notify the Customer

to this effect, if

a) the signature on it does not correspond to the registered signature;

b) the signature provided is not suitable for comparison;

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c) on the basis of other circumstances that have come to the Bank’s attention it can be

presumed that the signature provided is not from the person authorised to give orders;

d) the form or contents of the written authorisation presented by an authorised person is

incorrect or incomplete;

e) the performance of the order is bound to a condition stipulated by law, and the

fulfilment of such condition is not duly certified to the Bank;

f) the order is not submitted on the form generally used by the Bank for this purpose or

the submitted order is incorrect and/or incomplete including the lack of any copy or

part of the form, the difference of printed copies for the same order, illegible or unclear

data, lack of date, furthermore the case if the signature is not identical with the

specimen signature provided for the Bank;

g) the Identification is a mandatory requirement pursuant to the law in force and the Bank

cannot perform the Identification because the person concerned has refused personal

contact and/or submission or delivery of documents suitable for the establishment of

personal identity, or has not rendered it possible for the Bank to record the particulars,

and/or has failed to make a statement with respect to the beneficiary owner under

Section 3.4.2 of these Business Rules;

h) prior to making the cash deposit, the person making the cash deposit refuses to

present the documents required for his or her identification as per Section 3.2 of these

Business Rules, or does not render possible the recording of the data specified in the

effective statutory regulations on the prevention and combating of money laundering

and terrorist financing;

i) any electronic identification procedure defined in Section 2.3.6 of these Business

Rules has failed.

10.5.3. The Bank shall not be liable for losses or damages arising from the refusal to perform

an order in any of the cases listed in Section 10.5.

10.5.4. The Bank may deviate from the Customer’s mandate or may refuse it even in case the Customer’s interest definitely requires it and giving a prior notification to the Customer is no longer possible. In such cases the Bank shall notify the Customer without delay. 10.5.5. The Bank presumes the lapse of interest of the Customer in all cases if any circumstances aggravating or obstructing the fulfilment occur or it gains knowledge of any threat in the sphere of interest of the account manager of the payee indicated in the mandate. Circumstances aggravating or obstructing the fulfilment are – but not limited to: force majeure, limitation/revocation of the operating license/operating permit, bankruptcy/liquidation proceedings against the account managing institution, embargo, sovereign default, etc. 10.5.6. The Bank shall publish information about the threat in its announcement and it shall indicate to its Customers in the List of Terms and Conditions, as defined below:

- if any objective fact, resolution and/or threat exists it indicates the general cancellation of banking fulfilment for the given relation with the condition that it would fulfil the mandate in such a situation even in spite of the Customer’s expressive request and risk assumption,

- in the absence of any objective fact, resolution and/or threat, the market knowledge and expectations, threat it calls attention to the dangers without terminating the debit

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postings, with the condition that fulfilment shall be made at the Customer’s responsibility and risk.

10.6. Closure of payment accounts and termination of payment account agreements

10.6.1. The zero or negative balance of the payment account does not terminate the payment

account agreement. The payment account agreement shall be terminated upon death in the

case of a natural person Customer or upon the dissolution without legal succession in the

case of a non-natural person Customer. If the Customer has more than one payment accounts

and there have been no funds available (the balance is zero) on any of these payment

accounts continuously for a period of 3 (three) months, and no turnover has been initiated by

the Customer in any of these payment accounts within the said period, the Bank is entitled to

close such payment account and remove it from its registry. If the Customer has only one

payment account, the Bank may close this payment account and remove it from its registry

exclusively upon the termination of the payment account agreement.

10.6.2. At the time of termination of the payment account agreement the Bank shall, in lack of

instructions from the Customer, transfer the amount available in the payment account to a

contingency account opened for this purpose and bearing no interest, where the Bank shall

henceforth keep such an amount available to the Customer. If the balance of the payment

account or part of it serves as the collateral of the Bank this collateral right shall continue to

exist on the amount kept at the disposal of the Customer.

10.6.3. The payment of funds made available to the Customer on the commitment account is

fulfilled by the Bank at the Customer’s request in cash, or by way of transfer to any other

account specified by the Customer – but no longer according to the rules and deadlines

applicable to payment orders but according to the rules and deadlines applicable to other

settlements as indicated in the List of Terms and Conditions.

10.7. Interest on amounts deposited in payment accounts, fees and commissions

10.7.1. Sight claims

10.7.1.1. If the Customer provides no instructions as to the blocking of the credit balance on

the payment account, the Bank shall deem such an amount as the Customer’s sight

claim/deposit.

10.7.1.2. The rate of interest payable on sight claims is variable and the Bank shall credit such

interest to the payment account and compound it with the balance of the bank account

(capitalisation) in accordance with the provisions of the List of Terms and Conditions. The

Bank shall pay interest on sight claims/deposits at a rate defined in the List of Terms and

Conditions.

10.7.2. Interest, Fees and Commissions

10.7.2.1. The Bank pays interest on the balance/deposit of the payment account, which shall

be credited in the currency of the payment account.

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10.7.2.1/A. If the debt affected with interest payment obligation becomes free of interest or

negative interest bearing due to changes of interest conditions, the debt should be considered

as interest bearing with 0,01% rate of interest as long as the rate of interest exceeds this level.

10.7.2.1/B. In the payment account agreement concluded with a non-natural person, even 0%

or negative rate of interest can be also applied. If a negative rate of interest is applied, the

amount of money to be repaid shall be reduced to the extent of the negative rate of interest.

10.7.2.2. In return for keeping the payment account the Customer shall pay the Bank fees and

commissions in relation to each banking transaction in the currency of the payment account.

The fees and commissions shall be payable as set out in the List of Terms and Conditions

and/or in the specific agreements.

10.7.2.3. The Bank shall debit the amounts due as fees and commissions directly from the

payment account. If the balance of the payment account is not sufficient for satisfying the

Bank’s claim, the Bank is entitled to debit any other account of the Customer kept by it and

falling outside the scope of effect of these Business Rules.

10.8. Special provisions relating to certain payment accounts and international money transfers

10.8.1. Business payment accounts

10.8.1.1. The Bank reports the business payment accounts to the competent authorities based

on its statutory obligation in order to ensure that they can be subjected to enforcement

proceedings.

10.8.1.2. The Bank shall only perform payment orders (except for those concerning the

founder’s initial contribution) to the debit or credit of the payment account opened for business

associations or cooperatives if the Customer certifies that it has submitted its application for

registration, has given the Bank its tax number and statistical code, and has provided the Bank

with all documents required by it. In addition to satisfying the above conditions other non-

natural person customers attaining legal existence by registration shall also certify for the

purpose of the performance of payment orders that their registration is final and conclusive.

The Bank shall deem the founder’s initial contribution paid by the Customer as a sight claim

from the date of payment into the current account until the commencement of performance of

the payment orders, and shall pay the Customer interest subject to the conditions applicable

to such claims.

10.8.1.3. The Bank shall make available the cash withdrawal forms under strict numeric control

for giving orders in relation to the payment accounts in its premises open for customer service.

Should the payment account agreement terminate, the Customer shall return any unused cash

withdrawal forms to the Bank.

10.8.2. Special rules of the performance of international money transfers

10.8.2.1. For the purposes of these Business Rules, the term international money transfer shall

mean the submission, and/or performance of any and all transfer orders, which

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a) are not to be performed within the scope of domestic transactions, or

b) are to be performed within the scope of domestic transactions, but the payment account

designated as one to be debited in the payment transfer order is kept in the currency of a

foreign country, and/or the sum to be transferred is expressed in the currency of a foreign

state.

10.8.2.2. In order to perform international money transfers initiated by the Customer, the Bank

shall be entitled to engage another financial service provider appointed by it.

10.8.2.3. The Bank agrees to perform international transfers only if funds equivalent to the

amount to be transferred and the costs to be incurred in relation to the transfer have been

placed on the Customer’s payment account kept with the Bank and the Customer has

consented to separating such funds in the payment account. If the funds are not sufficient for

the transfer, the Bank shall be entitled to suspend performance until supplementary funds are

made available, but for not more than thirty-five business days. If the Customer fails to provide

the full amount required for the transfer during this period, the Bank shall not perform the order.

10.8.2.4. The Bank shall charge and, after their incurring, debit the bank account of the

Customer kept by the Bank with any and all costs, fees and commissions incurred in the course

of performing international money transfers - including fees, costs and commissions charged

by the banks involved in the performance (hereinafter collectively referred to in this chapter as:

‘Costs’). The sum of such Costs may be different depending on the banks involved in

performance.

In case such Costs are incurred following the clearing of the sum of the money transfer, in

case of a transfer submitted by the Customer and accepted by the Bank, then these Costs

shall be debited at a later date, following the debiting of the transfer sum (subsequent debiting).

If the Customer is the payee of the transfer, then the Bank shall settle and debit with such

Costs the Customer’s bank account following the crediting of the transfer sum to the payee’s

bank account.

10.8.2.5. If the performance of an international money transfer requires the conversion of

various currencies (conversion), then the checking of the cover funds shall take place at the

commercial foreign exchange rate of MKB valid on the day preceding the submission of the

transfer order. This exchange rate may be different from the exchange rate valid on the date

on which the payment transfer order is fulfilled. In case such check reveals insufficiency of

funds, the Bank shall queue the transfer order in accordance with the rules pertaining to

queuing.

10.8.2.6. With the exception of the instances regulated in Sections 10.8.2.7 and 10.8.2.8

below, the Bank shall perform the transfer order in accordance with the instructions of the

payer giving the order as specified on the transfer order itself, regarding the bearing of the

Costs and the payment of the costs, fees and commissions charged by the payee’s bank.

10.8.2.7. In case such international payment order is a transfer within the European Economic

Area (EEA), not requiring conversion, the Costs shall always be paid by the payer issuing such

money transfer order, while the costs, fees and commissions charged by the payee’s bank

shall be paid by the payee, even if the transfer order accepted by the Bank contains different

instructions, or no instructions at all, concerning the bearing of the Costs. The payer shall not

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undertake to pay the costs, fees and commissions charged by the bank of the payee, which

are additional to the Costs, and the Bank shall not comply with the instructions of the payer to

that effect.

10.8.2.8. The Bank shall examine the international transfers performed by it but rejected by

the receiving financial service provider. If the rejection is due to the Bank’s fault, the Bank

restarts the transfer without charging any commission. If the transfer has been rejected through

no fault of the Bank, the Bank shall immediately credit the retransferred amount to the payment

account of the Customer, deducting any costs incurred. The Bank shall notify the Customer of

the credit of the rejected transfer in the bank account statement. If the Bank credits the amount

in a currency other than the currency of the transfer, the Bank shall make a settlement with the

Customer, using the exchange rate specified in the List of Terms and Conditions.

10.8.2.10. In case of international payments, in the case of transfers made into a Member State

of the European Economic Area (EEA), the money transfer shall include the payee’s

international payment account number (IBAN) as well as the identification code of the payee’s

account managing financial institution (BIC or SWIFT codes).

10.8.2.11. The Bank may refuse to credit (pay) any transfers received in favour of the Customer

if the order does not comply with the effective legal regulations on the prevention and

combatting money laundering.

10.8.2.12. The Customer may request the Bank to modify the following data of an international

transfer order submitted by it in the way and under the conditions set out in the List of Terms

and Conditions.

a) the value date of the order,

b) the payee’s payment account number,

c) the payee’s name and address,

d) specification of the payee’s bank,

e) text of the note to the payee.

Once the Bank has received the application containing the modified data, the Bank must

attempt at performing the order with the modified data.

10.8.2.13. The Bank performs an international transfer order with the modified data based on

the Customer’s modification instructions if the modification instructions:

a) are received by the Bank prior to the receipt of the order and its acceptance by the Bank,

b) are received after the Bank has accepted the order but performance by the Bank with the

modified data is still feasible.

10.8.2.14. The Bank modifies the order as a separate service, and charge the fee specified

for such a service in the List of Terms and Conditions.

10.8.2.15. At the Customer’s request, the Bank shall obtain all information determined in the

relevant statutory regulations within the scope of its information obligation related to the

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performance of international transfers. The fee charged for this separate service is included in

the List of Terms and Conditions. The Customer must pay any and all fees, charges, costs and

commissions (collectively: “costs”) charged by the organisations involved in performance in

addition to this fee. Each organisation may charge different amounts as costs. The Customer

must pay the fee and the costs even if for reasons beyond the powers of an organisation other

than the Bank, the information requested by it cannot be obtained.

10.9. Provisions concerning account information and payment initiation services

10.9.1. Payment initiation service: a service to initiate a payment order at the request of the

payment service user with respect to a payment account held at another payment service

provider.

10.9.2. Account information service: an online service to provide consolidated information on

one or more payment accounts held by the payment service user with either another payment

service provider or with more than one payment service provider

10.9.3. Where a payment initiation service is requested, after the initiation of the service, the

payment initiation service provider shall provide the payer with, or make available to the payer,

and, when appropriate, to the payee, the following details: specification of the information or

unique identifiers that has to be provided in order for a payment order to be initiated or

performed, the time of performing the payment service, itemised list of all fees and costs – or

other payment obligations – payable to the payment service provider by the customer, the

actual or reference rate used by the payment service provider during the performance of the

payment transaction, details of the payment initiation service provider (company name, head

office, the geographical address of its financial intermediary or branch established in the EEA

State where the payment service is offered to the customer, and any other contact details,

including electronic mail address) relevant for communication with the payment initiation

service provider, and the contact details of the competent authority; in addition to the above,

the following information shall be provided or made available to the payer, and, when

appropriate, to the payee without delay:

a) confirmation of the successful initiation of the payment order with the payer’s account

servicing payment service provider,

b) a reference enabling the payer and the payee to identify the payment transaction and, where

appropriate, the payee to identify the payer, and any information transferred with the payment

transaction;

c) the amount of the payment transaction, and

d) where applicable, the amount of any charges payable to the payment initiation service

provider for the transaction, and where applicable a breakdown of the amounts of such

charges.

Where a payment order is initiated through a payment initiation service provider, it shall make

available to the payer’s account servicing payment service provider the reference of the

payment transaction.

10.9.4. Where a payment order is initiated through a payment initiation service provider or by

or through the payee, the payer may not revoke the payment order after transmitting the

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payment order or the approval for the performance of the payment transaction to the payee or

the approval for the performance of the payment transaction to the payment initiation service

provider;

10.9.5. The payer may use of the payment initiation service if his payment account is

accessible online.

The provision of payment initiation services shall not be dependent on the existence of a

contractual relationship between the payment initiation service providers and the account

servicing payment service providers for that purpose.

In the manner and in compliance with the conditions stipulated by law, the payment initiation

service provider shall

a) not hold at any time the payer’s funds in connection with the provision of the payment

initiation service,

b) ensure that the personalised security credentials of the payment service user are not, with

the exception of the user and the issuer of the personalised security credentials, accessible to

other parties and that they are transmitted by the payment initiation service provider through

safe and efficient channels,

c) ensure that any other information about the payment service user, obtained when providing

payment initiation services, is only provided to the payee and only with the payment service

user’s explicit consent,

d) every time a payment is initiated, identify itself towards the account servicing payment

service provider of the payer and communicate with the account servicing payment service

provider, the payer and the payee in a secure way,

e) not store sensitive payment data of the payment service user,

f) not request from the payment service user any data other than those necessary to provide

the payment initiation service,

g) not use, access or store any data for purposes other than for the provision of the payment

initiation service as explicitly requested by the payer,in conformity with the legislative

requirements that comply with the data processing and data protection requirements set forth

by law and the directly applicable legal acts of the European Union, and

h) not modify the amount, the payee or any other feature of the transaction.

With a view to providing the payment initiation service, the payment service provider servicing

the account of the payer – in the manner and in compliance with the conditions stipulated by

law – shall

a) communicate securely with payment initiation service providers,

b) immediately after receipt of the payment order from a payment initiation service provider,

provide all information on the initiation of the payment transaction and all information – which

may also be shared to the customer – accessible to the account servicing payment service

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provider regarding the performance of the payment transaction to the payment initiation service

provider, and

c) treat payment orders transmitted through the services of a payment initiation service

provider without any discrimination other than for objective reasons, in particular in terms of

timing, priority or charges vis-à-vis payment orders transmitted directly by the payer.

10.9.6. The payer holding a payment account may use of the account information service if his

payment account is accessible online.

The provision of account information service shall not be dependent on the existence of a

contractual relationship between the account information service providers and the account

servicing payment service providers for that purpose.

In the manner and in compliance with the conditions stipulated by law, the account information

service provider shall

a) provide services only where based on the customer’s explicit consent,

b) ensure that the personalised security credentials of the payment service user are not, with

the exception of the user and the issuer of the personalised security credentials, accessible to

other parties and that they are transmitted by the payment initiation service provider through

safe and efficient channels,

c) for each communication session, identify itself towards the account servicing payment

service provider(s) of the customer and securely communicate with the account servicing

payment service provider(s) and the customer,

d) access only the information from payment accounts and associated payment transactions

designated by its customer,

e) not request sensitive payment data linked to the payment accounts, and

f) not use, access or store any data for purposes other than for performing the account

information service explicitly requested by the customer.

With a view to providing the account information service, the account servicing payment

service provider – in the manner and in compliance with the conditions stipulated by law – shall

a) communicate securely with the account information service providers, and

b) treat data requests transmitted through the services of an account information service

provider without any discrimination for other than objective reasons.

10.9.7. The payment service provider servicing the payment account may deny an account

information service provider or a payment initiation service provider access to a payment

account for objectively justified and duly evidenced reasons relating to unauthorised or

fraudulent access to the payment account by that account information service provider or that

payment initiation service provider, including the unauthorised or fraudulent initiation of a

payment transaction.

65

In such cases the payment service provider servicing the payment account shall inform –

where possible, before access is denied and at the latest immediately thereafter – the customer

that access to the payment account is denied and the reasons therefor in the form agreed in

the framework contract.

The account servicing payment service provider is not required to provide such information if

providing such information would compromise objectively justified security reasons or is

prohibited by law.

The account servicing payment service provider shall allow access to the payment account

once the reasons for denying access no longer exist.

In the cases referred to in section 10.9.7. above, the account servicing payment service

provider shall immediately report the denial of access, indicating the relevant details of the

incident and the reasons for the denial to the Supervision. The Supervision shall assess the

case and shall, if necessary, take appropriate measures.

10.9.8. Upon the request to correct an unauthorised payment transaction or an authorised but

incorrectly performed payment transaction which was performed using payment initiation

service, the burden shall be on the payment initiation service provider to prove that, within its

sphere of competence, the payment transaction was authenticated, accurately recorded and

not affected by a technical breakdown or other deficiency linked to the payment service of

which it is in charge.

10.9.9. Where a payment transaction is initiated by the payer through a payment initiation

service provider, the account servicing payment service provider shall refund – without delay

but by the end of the next business day at the latest – to the payer the amount of the non-

performed or defective payment transaction and, where applicable, restore the debited

payment account to the state in which it would have been had the defective payment

transaction not taken place.

In the case falling within the scope of section 10.9.9, the burden shall be on the payment

initiation service provider to prove that the payment order was received by the payer’s account

servicing payment service provider, and that within its sphere of competence the payment

transaction was authenticated, accurately recorded and not affected by a technical breakdown

or other deficiency linked to the non-performance, defective or late performance of the

transaction.

10.9.10. When providing account information services and payment initiation services, the

Bank applies strong customer authentication, in the manner and in compliance with the

conditions stipulated by law.

IV. DEPOSIT SERVICES

11. Deposit agreements

11.1. Orders for placing fixed deposits

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11.1.1. Based on the Customer’s order to place specified amounts for fixed periods defined in a separate deposit agreement or, if none is available, in the Framework Contract for Financial Services and the performance of such order by the Bank and its confirmation, a deposit agreement is made between the Customer and the Bank under which the Bank shall pay interest on such a deposit and repay the amount of the deposit. 11.1.2. Deposits may be placed in HUF or in a convertible foreign currency quoted by the Bank.

The Bank defines the lowest amounts of deposits that may be placed in HUF or foreign

currency in the effective List of Terms and Conditions.

11.1.3. The date of placing a deposit shall be the day on which - not later than the time specified

in the List of Terms and Conditions for the acceptance of instructions concerning deposits on

the relevant day – the Customer gives an order to deposit the available amount for a fixed

term. If instructions are received after this deadline, the next banking day shall be deemed to

be the date of the placement of the deposit. The Bank specifies the order of accepting deposit

instructions given by electronic means and sets out the deadlines related to such instructions

in the effective List of Terms and Conditions.

11.1.4. The starting date of the term is the first banking day of the term, while its expiry or

rollover date (for roll-over deposit) is the last banking day of the individual term.

11.1.5. For deposits fixed in HUF the starting, maturity or rollover date cannot fall on a holiday

or a bank holiday.

11.1.6. For deposits fixed in currencies other than HUF the starting, expiry or rollover date

cannot fall on a holiday or a bank holiday applicable to the specific currency, which holidays

and bank holidays may be different from those in Hungary.

11.1.7. If the rollover date/maturity date of a fixed deposit falls on a holiday or a Bank holiday,

then the rollover date or maturity date of the term shall change to the first banking day after

the holiday or the Bank holiday, and for deposits fixed in currency other than HUF it shall

change to the first business day following such days applicable to the specific currency.

11.1.8 If the starting day of the fixed deposit is the last bank business day of the month, the

rollover date / maturity date of the fixed deposit is the last bank business day of the month of

the next period.

11.1.9. When placing the deposit, the Customer may select from the following types of

recurring deposits:

a) Roll-over deposit in the same amount:

The Bank registers and treats the interest due upon the maturity date (rollover date) of each

term as a sight claim, thus the same amount is deposited in each term.

b) Roll-over deposit with compound interest:

Upon the maturity date (rollover date) of each term, the Bank adds the accrued interest to the

deposit (capitalisation of interest), and the amount thus increased is placed in deposit

repeatedly.

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11.2. Termination of the deposit agreement

11.2.1. In case of a one-time deposit, the agreement terminates upon the expiry of the fixed

term specified therein, on the maturity date or may be terminated before the maturity date by

notice.

11.2.2. In case of rollover deposits, the agreement may only be terminated by notice.

11.2.3. The right of termination of the Customer

The Customer may terminate the term deposit prior to the expiry of the tenor of the term deposit

at any branch personally in writing or via the electronic channels if the Customer has

authorisation to utilise the given electronic channel.

The customer is entitled to terminate the contract with immediate effect without providing an

explanation. In the case of termination with immediate effect the date of the contract’s

termination is the date on which the Bank received the termination.

11.2.4. Under the List of Terms and Conditions the Bank shall pay a reduced rate of interest if

the date of termination of the agreement falls prior to the expiry of the fixed term.

11.2.5. The right of termination of the Bank

11.2.5.1. The Bank shall be entitled to terminate the term deposit contract concluded after the

day of the Changeover with a 15 (fifteen)-business day deadline (termination with deadline)

for the end of the term deposit period specified in the term deposit contract concerned with the

termination.

11.2.5.2. The Bank shall be entitled to terminate the contract with immediate effect if the

Customer commits a breach of contract in connection with any of his/her contract relationship

existing with the Bank. In such cases the Bank shall pay interest specified for sight receivables

defined in the List of Terms and Conditions effective on the day of the termination.

11.2.6. The amount of the term deposit and the deposit interest shall be credited to the bank

account after the termination of the term deposit. The Bank shall pay interest specified for sight

receivables defined in the List of Terms and Conditions effective on the day of the termination

11.2.7. In the case of term deposits deposited for 30 days or a period shorter than 30 days the

Bank shall not pay interest if the Customer terminates the contract. The Bank shall not pay

interest in the case of term deposits deposited for a period exceeding 30 days either if in the

case of a Customer not deemed a consumer the Customer terminates the contract within thirty

days following the first day of the given deposit period.

11.2.8. The Bank performs any Customer order (termination) for the termination of an account that is used as the basis of term deposit only on the basis of a Customer order (termination) for the termination of that account.

11.3. Deposits blocked for specific purposes

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11.3.1. In the case of deposits blocked for specific purposes, the purpose of blocking the

deposit and any related specific conditions shall be indicated in the agreement. If the deposit

blocked for a specific purpose serves as security for an undertaking of the Bank, the Customer

may only terminate the agreement in the cases defined in the agreement entered into with

respect to the undertaking of the Bank.

11.3.2. If the deposit is for security of an undertaking of the Bank, such deposit shall be deemed

to be a security deposit provided by the Customer.

12. Calculation of Interest

12.1. Interest

12.1.1. Deposits may bear fixed or floating interest.

12.1.2. The Bank shall pay interest on deposits bearing fixed interest for the relevant fixed term

(period) at a rate specified in the List of Terms and Conditions in force on the day of the

placement of the deposit or, in the case of a rollover deposit, on the first day of each

subsequent fixed term.

12.1.3. The rate of interest payable for deposits with floating interest rates may change during

the fixed term (period) subject to the change of the prevailing financial market rates. The Bank

shall publish the change of interest rates and the modified rate and its entry into force in the

List of Terms and Conditions.

12.1.4. If the amount of outstanding liabilities changed to negative interest bearing funds or

funds bearing no interest due to the modification of interest conditions, the amount of

outstanding liabilities shall be considered to bear an interest at a rate of 0.01% as long as the

rate of interest does not exceed this rate.

12.1.5. In deposit contracts concluded with non-natural persons after 10 March 2017, 0% or

negative interest rate may both be applied to the deposit amount. If a negative rate of interest

is applied, the amount of money to be repaid shall be reduced to the extent of the negative

rate of interest.

12.2. Calculation and Payment Date of the Interest on Deposits

12.2.1. Interest calculation starts on the day on which the deposit is placed or, in case of

rollover deposits, the first day of each further fixed term (period).

12.2.2. The last day of the interest calculation shall be the day preceding the expiry of the fixed

term, or, in case of termination of the agreement (Sections 11.2.4 -11.2.6), the day before the

termination.

12.2.3. The List of Terms and Conditions contains the formula for the calculation of interest

and the unified deposit interest rate (Annual Earning Rate - AER).

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12.2.4. The Bank shall deduct any taxes and public dues (if any) due from the interest payable

to the Customer and pay the same to the competent authority, if required by the effective legal

regulations.

12.2.5. The List of Terms and Conditions contains the events in which a flat fee may be charged

by the Bank and the rate of such fee.

12.2.6. The interest payable by the Bank on deposits shall be due subsequently, on the

maturity date, the expiry date of the fixed term (period), or, if the agreement is terminated, on

the date of termination.

12.2.7. If the maturity date, the expiry date of the fixed term (period) under Section 12.2.6, or

the date of termination is not a banking day, the interest shall be payable on the next business

day unless the day so determined is in the following month, and the term of the rollover deposit

has been determined in full months. In such an event the due date shall be the banking day

immediately preceding the date referred to in Section 12.2.6.

13. DEPOSIT INSURANCE

13.1. Insurance of Deposits

13.1. Deposits insured by OBA

13.1.1. Registered deposits specified by the Hpt. and placed by the Customer at the Bank are

insured by the National Deposit Insurance Fund (OBA) up to the amount stipulated in the Hpt.,

for which amount indemnification to depositors is made by OBA.

13.1.2. For the purposes of OBA insurance, all registered debts of the Bank without a state

guarantee and based on a deposit agreement or savings deposit agreement, all credit type

securities (bonds) issued by the Bank before 3 July 2015 as well as all positive account

balances of the customers based on the relevant payment account agreements are considered

as deposits.

13.1.3. Insurance provided by the OBA does not cover deposits placed by the following entities

or their foreign equivalent:

a) budgetary organisations,

b) local governments,

c) insurance, reinsurance companies, voluntary mutual insurance funds, private pension

funds,

d) investment fund, investment fund manager,

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e) Pension Insurance Funds, their management organisations and pension fund

management organisations,

f) appropriated state funds,

g) financial institutions and payment service institutions,

h) the National Bank of Hungary (NBH),

i) investment enterprises, members of the stock exchange, commodity exchange service

providers,

j) mandatory or voluntary deposit insurance, institution protection and investor protection

funds; Guarantee Fund of Pension Funds,

13.1.4. Contrary to the stipulations in points 13.1.3(a) to (b), the insurance provided by the

OBA covers the deposit of local governments as well as that of the budgetary organisations

established by local governments if on the basis of the figures of their annual accounts

prepared two years prior to the subject year, the budgetary balance sheet total of the local

government does not exceed five hundred thousand euros calculated at the official exchange

rate published by the National Bank of Hungary on the last business day of the year two years

prior to the date of freezing.

13.1.5. The insurance provided by the OBA does not cover, furthermore, deposits regarding which the court established in a final judgment that the amount placed in such deposit originates from money laundering, as well as the guarantee capital of the credit institution and debt securities as well as promissory notes issued by the credit institution.

13.1.6. Upon termination of the membership of the credit institution the OBA shall provide no indemnity for deposits covered by deposit insurance in other countries.

13.2. The start date of indemnity, its amount and calculation method, set-off and

assignment

13.2.1. The start date of indemnity – from which date deposits are considered frozen – is the

date when

a) the court order that commands the liquidation of the Bank is published,

b) the licence of the Bank would be withdrawn by the National Bank of Hungary (NBH)

on the grounds that

- the NBH deems that there is a risk of the Bank not being able to fulfil its

obligations,

- the Bank failed to settle its undisputed debt within five days following the due

date and its property (assets) would not provide sufficient coverage for

satisfying the claims of known creditors.

13.2.2. The aggregated amount of indemnification per person and per credit institution shall

apply to the payment of maximum one hundred thousand euros in HUF, first for the capital and

then for the interest. The general limit of amount may be modified by certain conditions

regulated – in Chapter 13.3 – below.

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13.2.3. The Forint amount of indemnification shall be defined – regardless of the date of

payment – on the basis of the official exchange rate published by the NBH – acting in the

capacity of the central bank – and valid on the day preceding the start date of indemnification.

13.2.4. In cases of FX deposits the amount and the maximum amount of indemnification shall

be paid in Forint converted on the basis of the official exchange rate published by the NBH

and valid on the day preceding the starting date of indemnification.

13.2.5. Any uncapitalised and unpaid interest amount shall be reimbursed by applying the

contractual rate of interest, until the start date of indemnification, up to the maximum amount

of indemnification.

13.2.6. If the deposit holder owes an overdue debt to the Bank before the start date of

indemnification specified in the Hpt., the Bank shall enforce a set-off claim in the case of

deposits insured by the OBA.

The Bank shall notify the OBA of its set-off claim by handing over the data on the deposits.

Simultaneously, it shall certify by presenting the terms of contract that it has informed the

deposit holder (debtor) about its set-off claim.

The Bank shall inform its deposit holders about the provision of the Business Rules applicable

to set-off by the Bank by stating the provisions of the Business Rules applicable to the set-off

in question.

If set-off takes place, the OBA shall pay the deposit holder the amount remaining from the

amount of indemnification after the deduction of the amount due and transferred to the Bank

as credit institution.

13.2.7. In case OBA had paid indemnification to deposit holders, the liabilities due from the

financial institution – to the extent of the paid amount – shall be transferred (assigned) to OBA,

i.e. OBA shall take the place of the deposit holder and shall have the right to enforce such

liabilities.

13.2.8. The deposit holder may not claim from OBA under any legal title the payment of an

amount exceeding the above referred indemnification.

13.3. Raised amount of protection and non-standard protection

13.3.1. In cases of joint deposits the maximum amount of indemnity shall be considered

separately for each person entitled to indemnity, and unless otherwise specified by the contract

it shall be paid in the proportion of the deposit amount among them.

13.3.2. In cases of credit institution mergers, transformation to branch office and/or transfer of

deposit portfolio, the deposits of the same holder prior to the date of such merger,

transformation to branch office and/or transfer of deposit portfolio shall be considered as a

separate deposit portfolio for 3 months calculated from such date.

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13.3.3. In the case of pool deposits (condominiums, housing cooperatives and construction

communities) the maximum amount of indemnity for deposits fixed before 3 July 2015 until

their maturity – in the case of revolving deposits until their first maturity –, and for deposits

(balance of payment / bank accounts) with no maturity until 31 August 2015, shall be

considered separately for each person, but in a manner consolidated with the person’s other

bank deposits, regardless of the date of placement of such deposits. After this date the

deposits shall be considered as a single, independent deposit.

13.3.4. In the event of the death of a deposit holder, irrespective of the deposit placement

dates, the deposits of the decedent and those of the heirs shall not be merged with other

deposits of the heirs within one year from the date of the grant of probate or the court order

becoming final, or until the end or the fixed interest period, the later date of these two events

to be considered. The maximum amount of indemnity with regard to the deposit of the decedent

shall be considered once, irrespective of the number of heirs. This provision shall be also

applied to joint deposits. If the decedent had been entitled to a larger amount of indemnity on

his/her deposits made under Section 13.3.8, the heirs shall be entitled to a larger amount for

three months from the date of the grant of probate or the court decision becoming final, up to

the maximum sum determined in Section 13.3.8, irrespective of the number of heirs.

13.3.5. Deposits placed by a private entrepreneur – irrespective of the deposit placement date

–, shall not be merged with the deposits of the same placed as a private person.

13.3.6. As regards the safe custody and escrow services of notaries public, court bailiffs and

attorneys, the accounts opened at credit institutions – other than the ones opened at the credit

institution for safe custody services pursuant to the Credit Institutions Act – shall be handled

separately irrespective of the date of placement from any other account the notary public, court

bailiff or attorney may have at the same credit institution. Such an account (or accounts if there

is more than one, separately) shall be covered by the insurance provided by the OBA, even if

the grounds for exclusion apply to the notary public, court bailiff or attorney. In the course of

the indemnification procedure, the OBA shall be entitled to request the attorney (law firm) to

present the deposit records prescribed by the bar association so as to verify whether the sum

placed in the attorney’s escrow account is construed as a separate deposit for the purpose of

the amount limit of indemnification.

13.3.7. In cases of deposits serving as collateral for housing loans indemnity shall be paid only

if such entitlement can be clearly established based on an agreement by the parties or a final

decision by the relevant court or authority.

13.3.8. For amounts exceeding the value limit of one hundred thousand euros OBA shall grant

a higher level of protection to persons eligible for indemnification and shall pay indemnification

of an additional, maximum value limit of fifty thousand euros in the case of deposit claims,

which were placed on a separate account during the three months preceding the start date of

indemnification and the proof of their origin certifying the higher level of protection was

presented with the suitable official document to the Bank.

13.3.9. A higher level of protection shall apply if the funds deposited originate from:

a) the sale of residential property, or the sale of lease rights or any right of tenancy;

b) benefits received upon the termination of employment or upon retirement;

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c) insurance benefits or

d) compensation received for criminal injuries or wrongful conviction.

13.3.10. Documents suitable for certifying the origin of deposits eligible to a higher level of

protection are:

a) a copy of the sales contract or any other document on the transfer of ownership title, lease

rights or right of tenancy made out within 30 days to date;

b) a certificate from the employer or payer made out within 30 days to date;

c) a certificate from the insurance company made out within 30 days to date;

d) the court decision dated within 30 days to date.

13.4. Payment of the indemnification

13.4.1. OBA shall publish in at least two daily newspapers of nationwide circulation and also

on its website the conditions for the indemnification of deposit holders and the information

related to the process. The information published by the OBA shall be posted on the website

of the Bank as well.

13.4.2. Payments shall be made through orders given to credit institutions, by means of

depositing the sum to the depositor’s benefit on an account kept at another credit institution,

by way of cash payment from payment account through the institution operating the Postal

Clearance Centre, by way of direct cash payment or by means of cash-substitute payment

instrument in forint.

13.4.3. For the fulfilment of indemnification payment the depositor does not need to submit an

application.

13.4.4. Indemnification payment to depositors shall be started by OBA on the start date of

indemnification and shall be finished within fifteen business days. The time period of payment

may be longer if:

a) the depositor’s entitlement is uncertain or the deposit is subject to a legal dispute,

b) payment of the deposit is restricted by governments or international organisations,

c) the higher amount of indemnification pursuant to Section 13.3.8. applies to the deposit,

d) the owner of the deposit is a local government.

13.4.5. In cases of deposits where criminal proceedings due to reasonably suspected money

laundering are in progress no payment shall be made until the legally binding conclusion of

such proceedings by a final definitive court decision or a non-definitive court order becoming

final and until a decision on conditional suspension by prosecution or on suspension for the

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purpose of mediation procedure or a non-appealable decision closing the proceedings is

adopted by the prosecutor or the investigation authority.

13.5. Provision of information to deposit holders

13.5.1. The Bank shall inform the Customers about the insurance of given deposits by OBA in

the “Deposit Register” displayed in its customer service areas and on the basis of the

provisions of Section 13 of these Business Rules.

In accordance with an agreement with the deposit holder, the Bank shall make available the

information brochure addressed to deposit holders, as defined in Annex 6 to the Hpt., and the

annual statement on the deposit holder’s deposit balance by post and on the Bank’s web

interface or in another direct way. At the deposit holder’s request, the Bank shall provide or

send the information in writing.

13.5.2. The Bank shall also display the OBA logo in all of its commercials.

13.5.3. Each statement sent to the Customer by the Bank also includes the information that

deposits are insured.

13.5.4. The Bank shall annually prepare a statement for the Customer about the consolidated

balance of the deposit portfolio of the Customer in a format defined by OBA. This statement

shall be sent by the Bank via the postal service in writing or electronically if the agreement

stipulates so, or if requested by the Customer, delivers it to the Customer personally in the

Bank’s branch.

13.5.5. Upon or before signing the framework contract (payment account agreement or deposit

agreement) and also annually the Bank shall inform the Customer via the Deposit information

about the terms of the insurance and the option for set-off.

13.5.6. Further details are also available in the “Compass to Deposit Insurance” of OBA at

www.oba.hu.

V. PROVISIONS RELATED TO CASH SUBSTITUTE PAYMENT INSTRUMENTS AND CUSTOMER AUTHENTICATION

The provisions set forth in sections 14–17 of these Business Rules shall apply, as appropriate,

to the cash substitute payment instruments and the services provided through their use as

regulated in sections 18–23.

The terms used in respect of issuing and using cash substitute payment instruments and

customer authentication have the following meaning:

Payment account accessible online: a payment account enabling the transmission of payment

orders and access to data and information through a direct link among IT tools, not including

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a restricted purpose payment account holding funds that may be used only for specific

purposes set forth by law.

Authentication: a procedure which allows the payment service provider to verify the identity of

the customer or the validity of the use of a cash substitute payment instrument, including the

use of the customer’s personalised security credentials.

Personalised security credentials: personalised features provided by the payment service

provider to a customer for the purposes of authentication.

Sensitive payment data: data, including personalised security credentials which can be used

to carry out fraud. For the activities of payment initiation service providers and account

information service providers, the name of the account owner and the account number do not

constitute sensitive payment data.

Distance communication: any method which, without the simultaneous physical presence of

the parties, may be used for making a declaration of intent to conclude a framework contract

and a contract for a single payment order.

Remote payment transaction: a payment transaction initiated via internet or through a device

that can be used for distance communication.

14. General Provisions

14.1. Cash substitute payment instruments made available by the Bank

The Bank shall make cash substitute payment instruments available for the Customer within

the framework of the following services:

a) Bankcard service

b) TeleBANKár service

c) NetBANKár service

d) NetBANKár Business service

e) PCBankár service.

14.2. General rules of supplying cash substitute payment instruments

14.2.1. The Bank shall make cash substitute payment instruments available for the Customer

in the way and under the conditions specified in the Framework contract. The supplement of

the contract for opening and managing payment account, concluded by the Bank and the

Customer shall qualify as Framework contract with the request signed by the Customer and

accepted by the Bank.

14.2.2. The Bank shall provide cash substitute payment instrument for the Customer at his/her

explicit request, excluding the exchange of the already issued cash substitute payment

instruments. The Bank may initiate the replacement by placing cash substitute payment

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instrument at the disposal of the Customer, which provide the use for the Customer at more

favourable conditions, including the extension of the range of services usable by the cash

substitute payment instrument, furthermore the provision of a service with more favourable

content for the Customer.

14.2.3. The Bank shall provide services that can be utilised with the cash substitute payment

instruments made available by the Bank (in Sections 14-23 hereinafter jointly: ‘Services’) in

the Hungarian language for the Customers.

14.2.4. The Bank shall deliver the cash substitute payment instrument and the personalised

security credentials required for its use, in a way specified in the List of Terms and Conditions.

14.3. General rules of use

14.3.1. Customer may use the Services with the contents and under the conditions specified

in the List of Terms and Conditions.

14.3.2. Services can be applied for in the manner specified by the Bank, in writing or via

electronic channels.

14.3.3. The Customer may modify the scope of the used Services at any time by means of a

new application in the manner and under the conditions specified in the List of Terms and

Conditions.

14.3.4. The Bank shall not send the Customer a separate notification about the acceptance of

the requested modification.

14.3.5. The description of cash substitute payment instruments, the information technological

and other safety-security requirements required for using the Services, the method of their use,

including the amount (limit) and transaction number limitations (value limit of payment

transactions) and also the method of modifying them, are included in these Business Rules

and in the List of Terms and Conditions.

14.3.6. The Customer may not cancel his/her order given by cash substitute payment

instrument by using the Service, except if the amount has not been specified concurrently with

the order or the payment transaction.

14.3.7. If the payment order was initiated by or through the payee by using the cash substitute

payment instrument, the payer may not revoke it after the approval of the payment order and

its performance have been sent to the payee.

14.3.8. The performance by the Bank is based on the Customer’s payment order, and the

payment transaction shall be considered as authorised if the personal identification code, other

identifier or code has been entered correctly during the utilisation of the Service.

14.3.9. The payment shall be considered as authorised if the Customer does not react

immediately on the use of the cash substitute payment instrument sent by the Bank in a text

message within the framework of the MobilBANKár service.

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14.3.10. The Bank shall debit the Customer’s account with the amount of the payment order

given by the cash substitute payment instrument on the date of fulfilment, irrespective of the

date of receiving the order. The List of Terms and Conditions shall contain the date of

performance.

14.3.11. The use of bank card issued by the Bank for cash withdrawal as well as payment

order submitted to the Bank by using any service for paying the consideration for goods or

service (hereinafter: ‘purchase’) shall be considered as a payment order given with a cash

substitute payment instrument.

14.3.12. The conditions of electronic correspondence within the framework of the utilisation of

the Services is contained by Section 4.2. of the present Business Rules.

14.3.13. Both the Customer and the person having right of disposing over the Customer’s

account shall use the cash substitute payment instrument in compliance with the framework

contract and act in a way generally expected in the particular situation in order to provide for

the safety of the cash substitute payment instrument and the personalised security credentials

required for its use.

14.4. Service fee and its payment

14.4.1. For the use of Services, the Bank shall charge a monthly fee specified in the List of

Terms and Conditions.

14.4.2. The Customer shall pay to the Bank the monthly fee for services starting from the month

following the date of the agreement until the end of the month when the agreement terminates.

14.4.3. In the case of the MobilBANKár service or NetBANKár service, the Bank is entitled to

the monthly fee even if the performance of the service is suspended because the Customer

did not indicate a bank account or a bank card, which is monitored with these services.

14.4.4. The fee, commission, costs and interest to be charged by the Bank shall be included

in the List of Terms and Conditions.

14.5. Strong Customer Authentication

14.5.1. The Bank applies the strong customer authentication defined in section 8.2.11. above,

in the manner and in compliance with the conditions stipulated by law, where the Customer as

the payer

a) accesses his payment account online; b) initiates an electronic payment transaction, c) carries out any action through a remote channel which may imply a risk of payment fraud or other abuses.

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14.5.2. With regard to the initiation of a remote electronic payment transaction as referred to

in point 14.5.1. b), the Bank applies strong customer authentication that includes elements

which dynamically link the transaction to a specific amount and a specific payee.

14.5.3. The Bank has in place adequate security measures to protect the confidentiality and

integrity of the Customers’ personalised security credentials.

14.5.4. The Bank also applies the methods specified in sections 14.5.2. and 14.5.3. where

payments are initiated through a payment initiation service provider.

14.5.5. The Bank also applies the methods specified in sections 14.5.1. and 14.5.3. when the

information is requested through an account information service provider.

14.6. Provisions concerning card-based cash substitute payment instruments

14.6.1. The service provider servicing the account of the payer shall – in the manner and in

compliance with the conditions stipulated by law – upon the request of a payment service

provider issuing card-based payment instruments – other than electronic money – immediately

confirm whether an amount necessary for the performance of a card-based payment

transaction is available on the payment account of the payer, provided that all of the following

conditions are met:

a) the payment account of the payer is accessible online at the time of the request,

b) the payer has given explicit consent to the account servicing payment service provider to

respond to requests from a specific payment service provider to confirm that the amount

corresponding to a certain card-based payment transaction is available on the payer’s payment

account, and

c) the consent referred to in point b) has been given before the first request for confirmation is

made.

The payment service provider issuing the card-based payment instrument may request the

confirmation referred to in paragraph (1) where all of the following conditions are met:

a) the payer has given explicit consent to the payment service provider to request the

confirmation;

b) the payer has initiated the card-based payment transaction for the amount in question using

a card-based cash substitute payment instrument issued by the payment service provider, and

c) the payment service provider authenticates itself towards the account servicing payment

service provider before each confirmation request, and securely communicates with the

account servicing payment service provider.

The confirmation

a) shall consist only in a simple ‘yes’ or ‘no’ answer and not in a statement of the account

balance. That answer shall not be stored or used for purposes other than for the performance

of the card-based payment transaction,

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b) shall not allow for the account servicing payment service provider to block funds on the

payer’s payment account.

The payer may request the account servicing payment service provider to communicate to the

payer the identification of the payment service provider having requested the confirmation and

the answer provided.

14.6.2. Where a payment transaction is initiated by or through the payee in the context of a

card-based payment transaction and the exact amount is not known at the moment when the

payer gives consent to perform the payment transaction, the payer’s payment service provider

may block funds on the payer’s payment account only if the payer has given consent to the

exact amount of the funds to be blocked.

The payer’s payment service provider shall release the funds blocked on the payer’s payment

account without undue delay after receipt of the information about the exact amount of the

payment transaction and at the latest immediately after receipt of the payment order.

14.6.3. Payment brand: any material or digital name, term, sign, symbol or combination of

them, capable of denoting under which payment card scheme card-based payment

transactions are carried out.

15. Obligations of the Customer

15.1. The Customer may use the Services in compliance with the regulations of the relevant

contracts on their use.

15.2. The Customer shall take any and all measures reasonably expected in a particular

situation to provide for the security of the electronic payment instrument required for the use

of the Service and any other means required for the use of such an electronic device, including

the personal identification code, other means of identification or code.

15.3. In order to prevent other people from learning it, the Customer may not note, or record,

on an electronic payment instrument or any object kept together with the electronic payment

instrument, including a mobile phone as well as other portable or fixed electronic or paper-

based means suitable for storing data, the personal identification code, or other means of

identification or code required for the use of the Service.

15.4. The Customer shall provide for the conditions of lawful and safe use for every means

required for the use of Services, with special focus on compliance with the regulations

pertaining to the protection of copyright, to the proper licensing of software, to updating security

maintenance, to installing adequate virus protection and protection against spyware and spam,

as well as appropriate computer firewalls.

15.5. The Customer shall prevent the infringement of the rights and lawful interests of third

persons during the use Services.

15.6. In the course of using the Services, the Customer shall pay increased attention to the

undisturbed operation of the means and equipment required for use, and shall take the

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required measures in the case of errors or malfunction, including any disturbance or error in

the data transmission line.

15.7. In the course of using the Services, the Customer shall conduct in a way generally

expected in the particular situation.

15.8. The main rules of conduct expected of the Customer shall include the following:

a) at the beginning of every Service use, the adequate security of the device or

equipment to be used shall be checked;

b) in the course of using the device or equipment attention shall be paid to error

messages, abnormal operation, errors in the data transmission line, interruptions in

data transmission and to any other abnormality;

c) upon noticing an error message or any unusual phenomenon, the use of the

equipment shall be immediately interrupted and the need to report the case to the Bank

shall be decided on.

16. Reporting obligation and blockage

16.1. The Customer shall inform the Bank without delay if he has noticed that:

a) he/she has been deprived of the possession of cash substitute payment instrument;

b) the cash substitute payment instrument has been stolen;

c) the personal identification code, other identifier required for utilising the Service have

left his/her possession or a third person has learnt them;

d) the cash substitute payment instrument is used illegally;

e) the cash substitute payment instrument has been used in an unapproved way.

16.2. It may fall within the scope of unauthorised use of the cash substitute payment instrument

in particular if:

a) the Service has been by a person other than the Customer;

b) the payment order has been submitted with no cover;

c) the cash substitute payment instrument requested to be blocked is further used;

d) it is used in such a way which does not conform to the provisions of these Business

Rules or which is contrary to them.

16.3. A report shall be considered as made by the Customer if it contains the name of the

Customer or User. The Bank shall not accept Notifications made in writing unless the

Customer’s signature thereon is identical with the authorised signature given to the Bank.

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16.4. The Bank accepts reports in bank branches or via telephone in the official hours or 24

hours a day through the TeleBANKár service

16.5. The Bank shall not be liable for damages caused by false, erroneous or ungrounded

reports, or reports made by unauthorised persons, or for the measures taken on the basis

thereof.

16.6. The Bank shall keep record of the reports, which provide evidence of the dates and

content of reports for a period of 18 (eighteen) months. The Bank shall record the date and

time of making the report according to the time measured at its central building. A report made

outside the Bank’s customer service area and/or refraining from the use of the customer

service operated through the TeleBANKár service shall be considered made on the date and

time received in the telecommunication system of the Bank.

16.7. On the basis of such a report, the Bank shall suspend the provision of the Service affected

by the report, after receiving the report it shall not fulfil any payment transactions based on the

payment order given by the cash substitute instrument.

16.8. The Bank shall be authorised to suspend the cash substitute payment instrument if there

is a suspicion of unauthorised or fraudulent use of the cash substitute payment instrument or

in order to ensure the safety of the cash substitute payment instrument.

16.9. In the case of a cash substitute payment instrument, to which a credit is attached, the

Bank shall be authorised to suspend the cash substitute payment instrument even if there is

an increasing risk of that the payer shall not be able to fulfil his/her payment obligation

outstanding towards the Bank.

16.10. The Customer may request in writing or by using the TeleBANKár service to terminate

the suspension of the cash substitute payment instrument, during the business hours in the

branches of the bank, or by telephone every day by using the 24-hour TeleBANKár customer

service.

17. Rules and limitation of liability

17.1. The Bank shall not be liable for the incorrect performance of those payments or for non-

fulfilment of their performance, which have been initiated by using the cash substitute payment

instrument at a tool (e.g. ATM or POS terminal) or equipment not authorised by the Bank.

17.2. For those unauthorised payment transactions, which have been made by a cash

substitute payment instrument that has left the payer’s possession or has been stolen, or which

originates from the illegal use of the cash substitute payment instrument, the payer shall bear

the damage up to an amount equivalent to fifteen thousand forints, prior to reporting it

according to Section 16.

17.3. Responsibility defined in Section 17.2 shall not lie with the payer, if

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a) the loss, theft or misappropriation of a cash substitute payment instrument was not

detectable to the payer prior to a payment,

b) the loss was caused by acts or lack of action of an employee, agent or branch of the Bank

or of an entity to which the Bank’s activities were outsourced,

c) the Bank does not require strong customer authentication,

d) the damage was caused by a personalised procedure considered as cash substitute

payment instrument which has been performed

i) by using an information technological tool or

ii) by using telecommunication means, or

iii) without the personal security elements – such as personal identification code (PIN code) or

iv) without another code, or

e) if the Bank has not met its obligation concerning reporting or termination of suspension,

defined in these Business Rules.

17.4. Subsequent to reporting according to Section 16, the Bank shall bear the damage for the

unauthorised payment transactions, which have been made by the cash substitute payment

instrument that has left the possession of the payer, or has been stolen or which originate from

the unauthorised use of the cash substitute payment instrument.

Where the payee or the payment service provider of the payee fails to accept strong customer

authentication in a manner and under the conditions stipulated by law, it shall refund the

financial damage caused to the payer’s payment service provider.

17.5. The Bank shall be exempted from its liability, if it proves that the damage in connection

with the unauthorised payment transaction has been caused by the payer acting fraudulently

or he/she has caused the damage by deliberate or seriously negligent breaching of his/her

obligations defined in these Business Rules.

17.6. It may classify as a deliberate or seriously negligent breach of obligation of the Customer

in particular:

a) if any of the personal identification code, other identifier or code required for the use of the Service has been entered correctly during the use of cash substitute payment instrument not authorised by the Customer or during its otherwise disputed use;

b) if the Customer has breached the rules defined in the contract or in these Business Rules in connection with the use of the Service, or other rules specified by the Bank with special regard to the rules for safe use and protection of the cash substitute payment instrument, or preservation and use of the personal identification code or other identifier or code;

c) if the Customer has met its reporting obligation with delay, including the case when he/she does not report for the message related to the transaction unauthorised by the Customer, included in the message sent by the Bank within the framework of the MobilBANKár service, without delay;

d) if the Customer uses any equipment, terminal, etc. which displays an error message;

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e) if the Customer does not report without delay if he/she detects an error or trouble of operation of the equipment when using the cash substitute payment instrument.

17.7. The Bank shall not be accountable for any damages caused by technical and other errors

beyond the Bank’s power during the use of Services or damages resulting from the application

of inappropriate equipment by the Customer for using the Services, or from the lack of the

conditions required for their safe use.

17.8. The Bank shall not be responsible for the undamaged condition of the data stored on the

devices used by the Customer in the course of using the Services, or for any or all eventual

technical deficiencies that occur during the use of Services, including breakdown of the

telecommunication and the electronic systems, defect of software, or change in the conditions

of their operation making them unserviceable.

17.9. The Bank shall not be accountable for any damages that are the results of the actions or

failure of third persons during the use or provision of the Services, with special regard to the

actions and failure of service providers, including force majeure events.

17.10. The Bank shall not be accountable for the completeness of the information sent by the

Bank to the Customer in the course of service provision, deficiencies in the operation of the

Internet or the telecommunication network, and interruptions in the provision of services by the

service provider. Any and all risks involved in the above shall be borne by the Customer.

17.11. The Bank shall be exempted from the responsibility, if meeting of his/her obligation

related to cash substitute payment instruments has been excluded for reasons beyond his/her

control (force majeure) or by legislation or provisions specified in Community act.

17.12. Upon the request to correct an unauthorised payment transaction, including the

payment initiation service provider as appropriate, the use of a cash substitute payment

instrument shall in itself not necessarily be sufficient to prove either that the payer acted

fraudulently, or that the payment transaction was authorised by the payer, or that the payer

failed with intent or gross negligence to comply with the rules stipulated in the framework

contract concerning the use of the cash substitute payment instrument, or failed to act in a way

generally expected in the particular situation in order to provide for the safety of the cash

substitute payment instrument and the personalised security credentials required for its use,

or failed to meet his notification obligation stipulated in section 16 herein.

In the cases falling within the scope of this paragraph, the Bank, including, where appropriate,

the payment initiation service provider, shall provide supporting evidence to prove that the

Customer committed fraud or gross negligence, or failed with intent or gross negligence to

comply with the rules stipulated in the framework contract concerning the use of the cash

substitute payment instrument, or failed to act in a way generally expected in the particular

situation in order to provide for the safety of the cash substitute payment instrument and the

personalised security credentials required for its use, or failed to meet his notification obligation

stipulated in section 16 herein.

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18. Bank card services

In respect of bank card services, the following terms are used:

ATM (Automated Teller Machine): An automated banknote issuing machine, which allows the

use of bank cards for withdrawing cash and using other services indicated on the machine

(e.g. querying the balance of the payment account ensuring coverage for bank card use,

changing PIN codes etc.).

Bank Card: A cash substitute issued by the Bank, which can be used for cash withdrawal and

the payment of consideration for goods and services at the merchants specified on the bank

card bearing the logo (emblem) of an international card company. Bank Cards are also suitable

for using other services offered by ATMs and authorised by the Bank (e.g. querying the

payment account balance underlying the Bank Card, or changing the PIN code in Bank-

operated ATMs).

Bank Card Terminal: A device allowing the use of Bank Cards (e.g. ATM, POS).

Bank Card use: Cash withdrawal, purchase or the payment of consideration for a service at a

merchant, by an on-line transaction or off-line transaction.

Bank Card Contract: A written agreement concluded by the Bank and the Account Holder on

the conditions of issuing and using the Bank Card, including the Business Rules and the List

of Terms and Conditions as inseparable parts.

Point of sale/Merchant: Any and all places where the Bank Card can be used for its intended

purpose. A POS may be an ATM, a post office, a bank branch, a commercial unit like a shop

etc.

Pre-authorisation: A form of authorisation that is not necessarily followed in time by the actual

performance of the authorised transaction. The POS requests the Bank’s pre-authorisation for

the expected amount of the transaction. The expected amount may differ from the actual

amount subsequently calculated by the Merchant and debited to the balance of the bank

account underlying the Bank Card. The Bank “reserves” (earmarks) the amount specified in

the pre-authorisation request on the bank account underlying the Bank Card, without debiting

the Bank Card with the amount during pre-authorisation. Pre-authorisation is usually requested

by hotels, car rentals, airline ticket sales, travel agencies, etc.

Authorisation: An electronically forwarded message by the Bank or its agent to the point of sale

to authorise or refuse performance the Transaction. The Bank “reserves” (earmarks) the

amount of the authorised transaction on the bank account underlying the Bank Card, without

debiting the Bank Card with the amount during authorisation.

Authorisation Centre: The IT system operated by the Bank and performing authorisation and

pre-authorisation.

Disposable Balance: The amount available for the performance of the transaction on the Bank

Account providing coverage for Bank Card use.

Reserved Transaction: An on-line transaction performed with the Bank Card but yet unsettled

by the Point of Sale, the Bank may reduce the disposable balance with the amount of the

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reserved transaction without actually debiting the Bank Account underlying the Bank Card. The

Bank must keep the amount of the reserved transaction earmarked up to receipt of a debit

request from the Merchant, but in any case no later than the 10th day following the date of the

transaction. If the Merchant fails to request debit within this period, subsequently the Bank

must increase the disposable balance with the transaction amount. Merchant debit requests

received by the Bank after 10 days in relation to a transaction must be performed by the Bank

by debiting the Bank Account underlying the Bank Card with the transaction amount. The

Merchant is responsible for the authenticity and correctness of the data included in the

reservation.

Main Card: A Bank Card issued to the Bank Account Holder.

Card Payment Slip: any document issued at the point of sale to the Card Holder certifying that

the given Transaction has been performed.

Off-line Transaction: A transaction performed on the basis of a Merchant’s authorisation

request forwarded in a non-electronic way or not promptly to the Authorisation Centre during

Bank Card use with the aim of requesting authorisation. It can be exclusively performed by

embossed MasterCards, VISA Cards and PayPass TM cards issued by the Bank. The off-line

transaction does not become a reserved transaction, and consequently the disposable balance

is not readily reduced. The Bank does not send a text message of off-line transactions to

Customers who pay the MobilBANKár text message service.

On-line Transaction: A Transaction readily communicated to the Bank’s Authorisation Centre

in an electronic message requesting authorisation and performed on the basis of the

authorisation request immediately assessed by the Authorisation Centre. It can be performed

by any Bank Card issued by the Bank. Only on-line transactions become reserved

transactions. The Bank sends text messages only of on-line transactions to Customers who

pay the MobilBANKár text message service.

PayPass card: a Bank Card suitable for MasterCardR contactless payment technology

(PayPass function). In addition to the “traditional” payment functions, with the help of an aerial

built in the card, contactless payment is allowed. A PayPass Bank Card can exclusively be

used for contactless purchase at Points of Sale marked by the PayPass emblem. As PayPass

Bank Cards issued by the Bank include both a chip and a magnetic stripe, they can be used

at all Points of Sale marked by the MasterCard emblem.

POS (Point of Sale Terminal): A device ensuring Bank Card use after Authorisation performed

on the basis of the data recorded on the magnetic stripe of the Bank Card or in the built-in chip,

following specification of the PIN code, checking the signature or other ways of checking the

Customer’s identity.

Partner Card: A Bank Card issued by the Bank to a natural person determined by the Account

Holder.

Transaction: A payment transaction performed with the Bank Card at a POS. Transactions are

either of two kinds: purchase or cash withdrawal.

Purchase Transaction: a transaction performed to pay the price of goods or services.

Cash withdrawal transaction: a transaction performed to withdraw cash.

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Transaction Amount: The amount of cash withdrawn from an ATM during the transaction, or

the consideration payable by Bank Card during the purchase of goods or services.

18.1. Bank cards and their special types

18.1.1. The Bank undertakes to issue a bank card as a cash substitute payment instrument to

the Customer (hereinafter in Sections 18 and 19: ‘Account Holder’) or to the person appointed

by the Account Holder for the purpose of direct disposal over the payment account serving as

cover for payments effected with the bank card (hereinafter in this Chapter: ‘Account’).

18.1.2. The bank card is issued to the name of the holder and may only be held by a natural

person. The Card Holder is the natural person entitled to use the bank card issued to him/her,

whose name is indicated on it (hereinafter: ‘Card Holder’). If the Account Holder Card Holder

has indicated a further person to be issued a bank card by the Bank, such person is the partner

card holder and the Account Holder is the main card holder.

18.1.3. The date of expiry of the bank card is specified in months and years, the bank card

may be used by the Card Holder until the 24th hour (CET) of the last day of the month of expiry,

provided that the Card Holder has not activated the new bank card issued in place of the

expired bank card, since at the time of activation the possibility to use the bank card expiring

sooner terminates.

18.1.4. The Bank undertakes to provide the Card Holder with the type of bank card indicated

in the request approved by the Bank for the purpose of making payments (debits) from the

account.

18.1.5. Special types of bank cards: PayPass cards, business cards, partner cards,

replacement cards and temporary cards. The Bank also issues internet cards and credit cards.

Sections 18.5 and 18.20 contain the provisions concerning these special types of bank cards.

Unless otherwise provided, the rules of this Chapter shall be applied to all special types of

bank cards, internet cards (Section 18.6.) and credit cards (Section 19.), accordingly.

18.1.6. If the Bank takes out travel insurance for the benefit of the Card Holder, the Bank is

entitled to provide the data necessary for the identification of the Card Holder and the type of

card to the insurer.

18.1.7. Upon expiry of the bank card – as an exchange of the already existing bank card – the

Bank shall issue a new bank card, provided the conditions required by the Bank are fulfilled,

unless the Account Holder has made a contrary statement in writing within 30 (thirty) days

before the date of expiry. In case the Bank receives the Account Holder’s written statement

after the specified deadline, the Account Holder shall bear the costs for the making of the new

bank card, including the annual membership fee. The Bank shall notify the Card Holder of the

issue of the new bank card by way of sending the new card or a notification on receiving the

new card.

18.1.8. If the Bank initiates the replacement of an already issued bank card by providing the

Card Holder with a bank card which ensures more preferential conditions of utilisation thereof

for Card Holder, including the broadening of the line of services usable by means of cash

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substitute payment instruments, furthermore the provision of services with more favourable

content for Card Holder, the Account Holder may announce in writing within 30 (thirty) days

after receiving the bank card placed at his/her disposal that he/she does not wish to use it. In

case the Bank receives the Account Holder’s written statement after the specified deadline,

the Account Holder shall bear the costs for the making of the new bank card, including the

annual membership fee. The Bank shall notify the Card Holder of the issue of the new bank

card by way of sending the new card or a notification on receiving the new card.

18.2. Applying for a bank card

18.2.1. In order to use the bank card service the Account Holder shall fill in the application

provided by the Bank. Pursuant to Section 3.4.6 of these Business Rules, the Bank is entitled

to verify the data in the request by requiring certain documents.

18.2.2. Upon receipt of the request by the Bank, the Framework Contract on the bank card

service enters into force; however, the Bank is entitled to cancel the agreement if the

application is rejected or if the Account Holder fails to provide the required security deposit by

the stipulated deadline.

18.2.3. The Bank may consider and reject the application without having to state its reasons.

The Bank shall inform the Account Holder about the rejection of the application by mail within

15 (fifteen) days upon receipt of the application form.

18.2.4. At its own discretion, the Bank may request the Account Holder to provide a security

deposit as a condition for the use of the bank card service. The amount of the security deposit

received from the Account Holder is blocked from use by the Bank for an indefinite period,

fixed as a deposit. The Account Holder may exercise its right of disposal over the part of the

amount of the security deposit not used by the Bank only after the termination of the

agreement, following the settlement set out in Section 18.4.3 of these Business Rules.

18.2.5. The Account Holder shall place the amount specified in the List of Terms and

Conditions into the Account upon the receipt of the bank card at the latest.

18.2.6. The Bank provides to the Card Holder only one card per type of bank card in relation

to the account.

18.2.7. Prior to the issue of a new bank card, the Account Holder may request the Bank to

issue a new partner card without the issue of a main card. In such cases the Bank shall comply

with the Account Holder’s request if all obligations related to the use of earlier issued bank

cards, with special regard to payment liabilities, have been fulfilled completely and in

compliance with the agreement.

18.2.8. The Bank may only issue bank cards to natural persons who have reached the age of

14 (fourteen) years.

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18.3. Delivery of the bank card

18.3.1. The Bank shall ensure that the bank card is produced within 15 (fifteen) days upon

receipt of the request and in the case regulated in Section 18.1.7. The Bank shall notify the

Card Holder by mail, sent to the notification address reported to the Bank, on the fact that the

production of the bank card has been completed, and shall simultaneously provide the

personal identification number (bank card PIN code) as well.

18.3.2. The Bank shall send the bank card is sent to the Card Holder by post or ensure the

receipt thereof in the branch office in line with the terms and conditions set out in the bank card

agreement and the List of Terms and Conditions.

18.3.3. The bank card can be used only if the Card Holder activates it for continuous use in

line with the specification of the Bank. Any damage and loss arising from the failure of

activation or improper activating shall be borne by the Card Holder. If the Card Holder fails to

activate the bankcard issued for him/her by the 35th (thirty-fifth) day before expiration at the

latest, the Bank shall not issue a new card for him/her pursuant to Section 18.1.7.

18.3.4. In case the Card Holder activates the bank card issued for him/her pursuant to Section

18.1.7, the bank card issued earlier cannot be used upon activation, even if the date of expiry

indicated on the card is not due yet.

18.3.5. In case the Card Holder fails to receive the bank card or the bank card PIN code, or

both, within 15 (fifteen) days upon receipt of the request by the Bank, he/she shall immediately

inform the Bank on this fact.

18.3.6. If a new bank card or a new bank card PIN code is issued – irrespectively of the reason

for the issue, including the expiry of the bank card – the Card Holder shall immediately inform

the Bank, if he/she has not received the bank card or the bank card PIN code by the deadline

specified in the List of Terms and Conditions.

18.3.7. The Bank keeps any bank card not collected due to any reason for 90 (ninety) days

from its issue, and after that such cards shall be destroyed and can no longer be collected.

18.4. Termination of the agreement

18.4.1. In addition to Sections 7.1 and 7.2 of these Business Rules, the agreement shall also

terminate in case all the bank cards issued on the basis of the agreement expire and no new

bank card is issued, on the latest date of expiry.

18.4.2. Upon the termination of the agreement, the Account Holder (Card Holder) shall return

to the Bank all issued valid bank cards, including business card(s) and partner card(s). If the

Account Holder (Card Holder) fails to do so, the Bank may take measures to stop the bank

cards that are still valid. All damage arising from failure to return the cards shall be borne by

the Account Holder, without limitation in time.

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18.4.3. The Bank is entitled to block the amounts of the claims existing in the account and the

security deposit until the termination of the agreement as cover for settlements becoming due

at a later date, and to use such amounts for settlement with the Account Holder, including the

costs of stoppage.

18.5. Business cards, partner cards

18.5.1. In case of a non-natural person Account Holder, the natural person who has a right of

disposal over the account by using the bank card and for whom the Bank issues the bank card

shall be specified in the application for the bank card. The Bank shall issue the bank card with

the name of the non-natural person organisation (Account Holder) and the natural person

(Card Holder) indicated on it (business card). No partner card shall be issued in supplement

of the business card.

18.5.2. If the natural person Account Holder places the minimum amount required for the issue

of a partner card in the List of Terms and Conditions, or this is covered by the balance of the

account, by applying for a partner card, he/she may assign to the person(s) specified by

him/her a right of disposal over the account by using the bank card, exercisable at any time

during the term of the agreement. The Bank shall issue a partner card to the person specified

by the Account Holder within 15 (fifteen) days after accepting the application. The Bank may

limit the number of partner cards that can be issued in relation to a single account.

18.5.3. The date of expiry of the partner card is independent of the date of expiry of the Account

Holder’s bank card.

18.5.4. The Account Holder is entitled to collect the partner card on the Card Holder’s behalf

even without authorisation to that effect.

18.5.5. The Account Holder shall not restrict the use of business cards and partner cards, save

for the case of returning the bank card and the limits on spending defined in Section 18.14.

18.5.6. The Bank is entitled to debit payments and cash withdrawals effectuated with a

business card or partner card, fees, commissions and the costs of keeping the account directly

to the Account Holder’s account.

18.5.7. The use of business cards and partner cards may be terminated by returning the cards

to the Bank. Returning the business card or partner card to the Bank does not terminate the

bank card agreement and shall not be interpreted as the cancellation of the agreement.

18.6. (Section 18.6 has been deleted)

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18.7. General rules for the use of bank cards

18.7.1. Bank cards constitute the property of the Bank, and they shall be used exclusively by

the Card Holder, who shall not hand them over to any third person for the purpose of use or

as security.

18.7.2. After receiving the bank card, the Card Holder shall be responsible for its proper use

as well as for the separate keeping, safe handling and guarding of the bank card and the

personal identification number (bank card PIN code), and the Card Holder shall prevent

disclosure of the personal identification number to any other person. Furthermore, the Card

Holder shall be responsible for the performance of the reporting obligation defined in Section

18.17. Any eventual damage arising from failure to perform the above obligations shall be

borne by the Account Holder.

18.7.3. The payment order (order, payment transaction) given by using the bank card is

irrevocable and considered as approved, unless no amount is specified when the order is

made. The amount shall be considered as specified if:

a) the bank card has been used for cash withdrawal,

b) the bank card has been used for paying the purchase price of goods or services and

the card payment slip has been issued in the traditional paper-based way or electronically,

c) during a purchase performed with the bank card via the internet, by telephone or mail

the bank card data have been given,

d) an order has been placed or an offer accepted for using services in a hotel, a rent-a-

car company or of a similar service provider, irrespectively of the fact that upon the use

or cancellation of the service, the amount payable differs from the amount specified in the

order or offer.

18.7.4. Payment order given by using the bank card is considered accepted when the request

for checking (authorisation) the cover of the use of bank card is received in the Bank.

18.7.5. All bank cards issued by the Bank may be used for cash withdrawal, purchase and the

use of services both in Hungary and abroad in line with the provisions of the present chapter.

18.7.6. Bank cards shall be used – subject to territorial limitations (if any) indicated on them –

in accordance with the regulations of the international card companies at the risk and

responsibility of the Account Holder and the Card Holder. The Bank shall not assume any

responsibility for extra costs payable by the Account Holder or damages (if any) due to the

restrictive specifications of the regulations of the international card company. The Bank is

entitled to limit the use of the bank card on the basis of the specifications of international card

companies (i.e. in case of participation in gambling or payment through the internet) in line with

the method and the terms and conditions set out in the List of Terms and Conditions.

18.7.7. (Section 18.7.7 has been deleted)

18.7.8. The Card Holder may use the bank card in compliance with the conditions of these

Business Rules and the List of Terms and Conditions. He shall take any and all measures

reasonably expected in the particular situation in order to provide for the safety of the bank

card and the bank card PIN code. The bank card PIN code may not be noted or fixed on the

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bank card or any other object or instrument kept together with the bank card, including mobile

phones or other portable or fixed, electronic or paper-based instruments suitable for storing

data.

18.7.9. In each case the Card Holder shall make sure that no the conditions of safe bank card

use specified in the agreement, these Business Rules and the List of Terms and Conditions

have been violated, with special attention to transactions performed on an instrument

(terminal) the use of which has been authorised by the Bank.

18.7.10. The rules pertaining to complaints made during the issue and/or use of the bank card

are set out under Section 34 hereof.

18.7.11. In each case before using the bank card, the Card Holder shall make sure whether

the card usage is considered a cash withdrawal, or a payment for purchase, at the place where

the card is used.

18.7.12. The bank card cannot be used for paying for goods or services that are prohibited by

the laws in force in the country where the bank card is used.

18.8. Personal identification number (bank card PIN code)

18.8.1. In relation to the bank card, the Bank provides the Card Holder with a personal

identification number which shall not be reissued for safety reasons. The Card Holder is entitled

to change the bank card PIN code at any time, and this may be effectuated exclusively with

the valid bank card at ATM’s operated by the Bank. The bank card PIN code thus changed

shall be composed of four digits. The change shall come into force with immediate effect, and

thereupon only the new PIN code may be used. When the Bank issues a new bank card for

the replacement of the expired one, the bank card PIN code remains unchanged.

18.8.2. If the Card Holder’s circumstances change in such a way that he/she is unable to

properly provide the personal identification number for whatever reason, the Card Holder may

request the Bank to issue a new bank card with a new bank card PIN code upon the payment

of a fee.

18.8.3. If, during the validity period of the bank card, the bank card PIN code has been provided

incorrectly several times, the commercial Merchant, the counter or the operator of the ATM

may withhold the bank card or the Bank may restrict the further use of the bank card.

18.8.4. At the time of payment for goods and services, the credit institution (enterprise) in

contractual relationship with the POS (Merchant), or upon cash withdrawal, the credit institution

(enterprise) providing services may make the acceptance of the bank card conditional on the

provision of the personal identification number. When using an ATM, the prerequisite of the

acceptance of the bank card is the provision of a correct personal identification number.

18.9. Expected Conduct of the Card Holder

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18.9.1. In the course of using the bank card and the bank card PIN code, the Card Holder shall

always comply with the rules of conduct defined in this Section 18.9.

18.9.2. The bank card shall be handled with special care as a valuable object, paying particular

attention to the safe and separate keeping of the bank card PIN and the card.

18.9.3. The Card Holder shall sign the bank card received from the Bank with his/her own

hands, in the same way as he/she usually signs. If the Card Holder fails to sign or signs in a

different way to his/her usual signature, this shall be considered as a serious breach of contract

and the Account Holder shall bear the damage resulting therefrom.

18.9.4. The bank card PIN code shall be memorized and handled safely in such a manner that

so as not become known to any other person.

18.9.5. After payment the Card Holder shall immediately request that the bank card be returned

to him/her, and upon withdrawing cash from an ATM it must be ensured that the card does not

remain inserted in the machine.

18.9.6. The account statement shall be checked and the Bank should be notified immediately

if it has debited amounts or cash withdrawals to the account that have not been taken out by

the Card Holder.

18.9.7. The bank card shall be kept away from heat and sunshine.

18.9.8. In each case the Card Holder shall make sure if all conditions of safe bank card use

are met.

18.9.9. A copy of the card payment slip shall be kept in case of cash withdrawal and purchase,

since the adequacy of the debit can be checked by comparing the payment account statement

and the card payment slip.

18.9.10. If the Bank debits the account with a spending or cash withdrawal, which has not been

approved by the Card Holder, or it has been approved but the Bank has fulfilled the payment

transaction erroneously, the Card Holder not qualifying as a consumer may request the Bank

with no delay but not later than within the period of 45 (forty-five) days – and the Card Holder

qualifying as a consumer with no delay but not later than within 13 months – from debiting the

payment account to correct the fulfilled payment transaction.

18.10. Rules of cash withdrawal

18.10.1. Cash may be withdrawn with bank cards from ATMs and branch offices, with

MasterCard cards from ATMs bearing the MasterCard symbol, and from branch offices during

business hours, generally in the currency of the country in which the cash is withdrawn.

18.10.2. (Section 18.10.2 has been deleted)

18.10.3. Cash may only be withdrawn from safe ATMs. Prior to cash withdrawal, the Card

Holder shall in each case make sure whether the conditions of safe cash withdrawal are met.

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18.10.4. No cash may be withdrawn from an ATM if:

a) it fails to meet the requirements set out under Section 18.10.1 hereof;

b) it is out of order or an error message is displayed on its screen;

c) it is difficult to insert the bank card into the slot of the ATM involving the risk that the

ATM may not return the bank card;

d) the Card Holder notices any means or circumstance on the ATM or its surrounding

and operation suggesting abuse;

e) the operation is interrupted and the error message on the screen fails to give

sufficient reasons for it.

18.10.5. The operator indicated on the ATM and the Bank shall be immediately notified if:

a) the ATM has not returned the bank card;

b) the bank card is stuck or cannot be inserted into the slot of the ATM;

c) the ATM fails to give bank notes;

d) the ATM gives only a part of the requested amount;

e) the ATM fails to print a card payment slip, unless so requested by the Card Holder;

f) the danger of a third person having learnt the PIN code of the Bankcard during cash

withdrawal exists.

18.11. Purchase with bank cards

18.11.1. Payments may be made without cash by using bank cards domestically and abroad.

MasterCard cards are suitable for paying for goods and services at points of sale bearing either

the MasterCard symbol domestically and abroad.

18.11.2. The merchant may ask for the bank card upon the purchase or use of any of its

services, if the counter value is paid on site by using bank card. The acceptance of the bank

card, permission for payment and the issue of the card payment slip may be effectuated in the

traditional paper-based way (section 18.11.3), or by the electronic method (section 18.11.4).

18.11.3. In the case of traditional way of acceptance, the bank card is read by a mechanical

instrument, so the data on the bank card shall appear in a paper-based three-page document

(hereinafter: ‘card payment slip’). The name of the merchant, the date of purchase and the

price of the goods or services paid with the bank card should be indicated in the card payment

slip.

18.11.4. In the case of electronic acceptance, the data encrypted in the magnetic band of the

bank card or coded on the chip memory unit are interpreted by the use of a so-called Point of

Sale (POS) terminal at points of sale and the card payment slip is issued by such terminal.

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18.11.5. Upon the purchase or use of services at commercial points of sale possessing a POS

terminal, the Card Holder may be requested to enter his/her bank card PIN code by using the

keyboard connected to the POS terminal. In this case, the Card Holder must ensure that his/her

bank card PIN code does not become known to unauthorised persons.

18.11.6. For the acceptance of the bank card, the merchant may require the Card Holder to

prove his/her identity by a public document suitable for identification, as defined in Section 3.2

of these Business Rules.

18.12. Card Payment Slip

18.12.1. The Card Holder shall check the card payment slip and, if necessary, sign it in the

same way as he/she signed the bank card. By signing the card payment slip, the Card Holder

acknowledges that the bank card has been used as evidenced by the data of the card payment

slip. The signature shall always be deemed to be the signature of the person entitled to use

the bank card. If the merchant requests the PIN code instead of the signature, then the

provision of the PIN code shall be considered as if the card payment slip had been signed.

18.12.2. By signing the card payment slip or providing the PIN code, the Card Holder confirms

the correctness of the data on it. One copy of the card payment slip is given to the Card Holder

by the merchant. The Card Holder should keep the card payment slip because, by comparing

the account statement sent by the Bank and the card payment slip, it may be later verified

whether the Bank has debited the amount approved by the Card Holder from the account or

not.

18.12.3. In the case of services used in hotels, rent-a-car companies or at similar service

providers – as by nature of the transaction (e.g. use of a mini bar, filling up a car at a petrol

station or suffering a damage) the costs incurred are settled subsequently –, the amount in the

debit certificate submitted to the Bank by the merchant by electronic means may differ from

the amount signed by the Card Holder in the card payment slip, however, the Bank shall always

debit the Account Holder’s bank account with the amount indicated in the debit certificate sent

to it.

18.12.4. The Bank assumes responsibility for the performance of card transactions

(authorisation requests, incorrect transactions, deletion of transactions, credits, etc.) after it

has received the related data submitted in electronic form by the credit institution (enterprise)

in contractual relationship with the merchant operating the counter or the ATM.

18.13. Purchase on the Internet or by the telephone

18.13.1. If the Card Holder wishes to purchase goods or services on the telephone or by post

with a bank card, he/she shall always provide the data of his/her bank card (card number, date

of expiry of the card and the Card Holder’s name) and, in certain cases, the three-digit

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identification code on the front or the back of the card, and the price of the purchased goods

is debited from the Account on the basis of such data.

For online transactions payment by bank card shall be performed by completing the card and

transaction data through the payment module of the website of the specific point of sale. The

commercial point of sale shall accept or reject the order upon provision of data.

18.13.2. Before taking the purchase opportunities defined in Section 18.13.1, the Card Holder shall always make sure that the service provider exists and, for safety reasons, shall not disclose the bank card PIN code together with the above data. The Bank shall settle such received transactions without checking their rightness.

18.13.3. In each case the Card Holder shall be responsible for using any of the purchase options set out under Section 18.13.1, including the use of all electronic means and devices, with special regard to computers and mobile phones, and the Card Holder shall be liable for their safe operation, including the operation of telecommunication and information channels. The Bank shall not be liable for any related errors and operational malfunctions. 18.13.4. Security code for payment on the internet: with the exception of the recurring transactions ordered from the bank card (not including the first authentication following 13 September 2019) the Bank - if the internet Merchant technically facilitates it – shall send a single-use code to the mobile telephone number of the Card Holder in an SMS message. The Transaction of purchase on the internet initiated with a bank card can exclusively be approved by the input of the internet security code. For the purpose of meeting the requirement of strong customer authentication and of preventing frauds the Bank shall be entitled to set up the “Security code for payment on the internet” service for every bank card issued by it.

When the Transaction is initiated the Bank sends an SMS message to the telephone number specified according to the following:

1. To the telephone number of the Card Holder specified for this purpose when a new bank card is applied for.

2. The telephone number to which the Internet security code is sent is set for the bank cards applied for prior to the introduction of the service according to the following:

- telephone number to which the notifications of bank card transactions performed

via MobilBANKár are sent, for the lack of which - telephone number to which the notifications of accessing NetBANKár are sent, for

the lack of both of which - telephone number of the Card Holder provided for contact, - if the Card Holder did not provide a mobile telephone number for contact before,

telephone number for sending the Internet security code shall not be set. The Card Holder may initiate the amendment of the telephone number to which the Internet security code is sent after identification via the TeleBankár telephone customer service and personally at any branch of the Bank.

If in the course of performing a purchase transaction on the internet the Internet security code must be input for the approval of the Transaction but the browser or the equipment used by the Card Holder is not suitable to manage purchase with the Internet security code, for the lack of authentication with the Internet security code the Transaction shall be unsuccessful.

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The Bank expressly calls attention to the fact that the “Security code for payment on the internet” service means the utilisation of a solution making purchases on the internet more secure, which can be used as intended if the Card Holder initiates his/her Transaction of purchase on the internet via an IT equipment and program, which is suitably secure, i.e. the security updates facilitating communication are installed and used and such operation of the equipment was checked and made certain of.

18.13.5. The Bank shall continue to not request PIN code for purchase transactions if the Card

Holder initiates transaction via POS for the payment of transport or parking fees.

18.14. Spending limits

18.14.1. In the List of Terms and Conditions, the Bank determines so-called spending limits in

respect of the amount taken out and the regularity of use of the bank card. Beyond these limits,

the system permitting transactions shall automatically refuse all transactions for which the

points of sale requests authorisation, regardless of the cover available in the Account.

18.14.2. The List of Terms and Conditions contains the standard limits concerning bank cards.

At the Account Holder’s request, the Bank may determine special spending limits, differing

from the standard limit for each bank card, provided that the Account Holder meets the

conditions specified in the List of Terms and Conditions.

18.15. Settlement of spent amounts, method of calculating the exchange rate, fees and commissions

18.15.1. The Bank shall automatically settle debits and credits created by the use of the bank

card on the basis of the debit data sent to it by electronic means. The Bank shall not examine

the legal transactions serving as a basis for the debit data and the lawfulness thereof, and is

not in a position to automatically refuse individual spending items upon the Account Holder’s

request in order to prevent debiting the account with the spent amount. In the course of

settlement the fact that the Account Holder is not in possession of the card payment slip shall

not hinder the debiting of the account.

18.15.2. The Bank debits the account with the amount indicated in the settlement item received

by electronic means from the international card company on the day of receipt of the settlement

item or on the following first business day.

18.15.3. When debiting the account, the Bank shall apply the rate of exchange calculated in

the way set out in the List of Terms and Conditions concerning bank cards.

18.15.4. The Bank shall debit the fees and commissions for the use of the bank card to the

account in the currency of the account, upon settling the individual debits and at the time of

issuing a new card using the exchange rate set out in the List of Terms and Conditions. The

interest payable on the amount blocked from use as security deposit shall be credited in the

currency of the account.

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18.15.5. The Bank considers the debits due for the use of the bank card and the balance of

the account as accepted, if the Account Holder has not made any objections in writing by

submitting all its available proof within the deadline specified in Section 18.9.10.

18.15.6. If the accepting institution is not the Bank, the Bank shall forward the objection and

the related proofs to the credit institution in contractual relationship with the merchant,

operating the counter or the ATM, or to the enterprise authorised to perform such activities

(accepting credit institution, enterprise) within 15 (fifteen) days of the receipt thereof. The Bank

shall credit the Account Holder’s account with the amount of the objected debit only if the

acquiring institution (enterprise) has accepted the objection in writing.

18.15.7. The Bank shall determine the smallest amount that can be placed as security deposit,

the annual membership fee necessary for the issue of the bank card, the annual fee of the

partner card, the fee for the replacement and the stoppage of the bank card, the fee for the

issue of a temporary bank card, the fees and turnover commissions for the services charged

by the credit institutions in relation to the use of the bank card and the conditions of payment

thereof in the List of Terms and Conditions. Simultaneously with the issue of replacement cards

or temporary bank cards and the dispatch of the notification on the issue of the new bank card,

the Bank shall debit the fees defined in the List of Terms and Conditions to the Account

Holder’s account.

18.15.8. The amount credited to the account serving as cover for the use of the bank card can

be drawn only from the time stipulated in the List of Terms and Conditions.

18.16. Unauthorised use of bank cards

18.16.1. Being aware of the account statement sent by the Bank and the credits and debits

made after the closing day indicated in the account statement, the Account Holder and the

Card Holder shall calculate the amounts spent by using the bank card and give payment order

with the bank card making sure that the amount of cover available in the account is not

exceeded. The security deposit provided by the Account Holder shall not be considered as

part of the balance of the account, therefore the amount of the security deposit does not

provide cover for the amounts spent.

18.16.2. All use differing from the proper use of the bank card shall be considered as

unauthorised use of the bank card. The Account Holder shall also bear all the damage caused

to the Bank through having used the bank card in an unauthorised manner.

18.16.3. The scope of unauthorised use of a bank card shall include, in particular:

a) use of a bank card without cover; b) use after the date of expiry; c) continued use of a bank card in respect of which a request for stoppage has been

made; d) use of a bank card otherwise in conflict with these Business Rules.

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18.16.4. In the case of an unauthorised use of the bank card, the Bank may terminate the

agreement with immediate effect and satisfy its claim directly from the amount blocked as a

security deposit.

18.16.5. If damage is caused by the unauthorised use of the bank card, the Bank is entitled to

debit its claim directly – by offsetting - from any of the accounts of the Account Holder held

with the Bank or to set off such claim in any claim of the Account Holder outstanding towards

the Bank.

18.17. Reporting obligation

18.17.1. The Account Holder and/or the Card Holder shall immediately report to the Bank if

they have become aware of the fact – in addition to those listed in Section 16.1. - that

a) the bank card is no longer in their possession (in their safekeeping), including its loss, theft, robbery or any unauthorised use of the data of the bank card;

b) any data of the bank card has become known to an unauthorised person or the personal identification number (bank card PIN code, Internet security code) needed for use has become known to another person;

c) the electronic device, equipment, or terminal operated during the course of the use the bank card malfunctioned or exhibited any defect;

d) any condition specified in Section 18.10.4. or 18.10.5. applies; e) a payment transaction has been initiated with the bank card without the

authorisation of the Account Holder or Card Holder; f) the Bank has indicated a transaction in the payment account statement or the

account that the Account Holder or the Card Holder does not want to acknowledge.

18.17.2. The report shall contain the place and data of the last use of the card, the Account

Holder’s and the Card Holder’s name, place and date of birth, the type and number of the

relevant bank card and the description of the circumstances serving as a basis for the report

and the measures taken by the Account Holder or Card Holder.

18.17.3. The Bank accepts reports in bank branches or via telephone in the official hours or

24 hours a day through the TeleBANKár service. The Bank shall not assume any responsibility

for damages caused by reports made by unauthorised persons and measures taken on the

basis thereof.

18.18. Stoppage of the bank card

18.18.1. On the basis of the report, the Bank takes measures to stop the bank card.

18.18.2. The Bank may also initiate the stoppage of the bank card.

18.18.3. The Account Holder shall bear responsibility for the risks attaching to stoppage and

any damage arising from it, including also the fact that the stopped bank card cannot be used.

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18.19. Liability for damages related to the bank card

18.19.1. The following actions – in addition to those listed in Section 16.2. – may fall within the

scope of deliberate or seriously negligent breach of contract by the Account Holder or the Card

Holder especially if:

a) the Card Holder did not sign the bank card upon receipt;

b) the Card Holder did not fulfil or duly fulfil the obligations stipulated by the Bank relating

to activating the bank card;

c) the PIN code, assigned to the bank card, Internet security code was used in a

transaction not recognised by the Account Holder or the Card Holder;

d) the Account Holder and/or the Card Holder did not return the bank card upon the

termination of the agreement;

e) the Customer did not report immediately upon receiving the message concerning a bank

card transaction not accepted by the Customer and specified in the message forwarded by

the Bank within the framework of the MobilBANKár service.

18.19.2. The Bank assumes no liability for any defect, deficiency, operational disorder

occurring in the network of international bank card companies (VISA, MasterCard) and/or any

damage caused by the suspension of operation of the card companies. Furthermore, the Bank

does not assume liability for any defect in the operation of the electronic card acceptance

devices (ATMs, POSs, etc.) or any damage caused by the credit institution (enterprise)

operating the ATMs, POSs, etc. or the commercial point of sale (merchant). The Bank is not

liable for any damage arising from the malfunctioning of the telecommunication system

necessary for ensuring card acceptance.

18.19.3. The Bank is not liable for any damage arising from force majeure or actions or failure

of third persons during the use of the card, with special regard to the actions and failure of

service providers.

18.20. Replacement cards and temporary cards

18.20.1. At the Account Holder’s request, the Bank shall issue a replacement card for the lost,

stolen or technically unreliable bank card with a date of expiry equal to that of the replaced

bank card.

18.20.2. (Section 18.20.2 has been deleted)

18.21. Rules of using PayPassTM Cards

The provisions of Section 18 shall be applied with the following deviations:

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18.21.1. PayPass Cards can be used for the performance of PayPass and traditional

transactions.

18.21.2. A PayPass transaction is a contactless purchase transaction that only requires placing

the PayPass Card within a few centimetres of the terminal to start authorisation. Successful

performance of the transaction is indicated by a sound signal and flash light.

18.21.3. The PayPass transaction may be performed up to the amount set as a country limit.

The PayPass country limit is an amount set by the MasterCard International Card Company

for each country, a PayPass transaction cap that allows performance of the transaction without

the specification of the PIN code or a signature. The country limit valid in the territory of

Hungary is set in the List of Terms and Conditions.

18.21.4. If the amount of the intended transaction exceeds the PayPass country limit, the Card

Holder must specify the PIN code at the Merchant.

18.21.5. The amount of the PayPass country limit may not be modified by the Bank, the

Merchant or the Card Holder.

18.21.6. If a PayPass transaction is performed, the Merchant is not required to print a card

slip, but the Card Holder may request the issue of a paper-based card payment slip.

18.21.7. The Card Holder is not provided with text messages of off-line transactions, including

PayPass off-line transactions by the Bank.

18.21.8. PayPass transactions are considered approved if the PayPass Card is placed within

the terminal’s sphere of operation for the performance of the PayPass transaction or the PIN

code is specified if required for the performance of the transaction.

18.21.9. For PayPass purchase transactions exceeding EUR 50 the PIN code shall be requested in every case irrespective of the country limit. In the event of PayPass purchase transactions not exceeding EUR 50, if the cumulative amount since the most recent PIN authentication including the initiated transaction is over EUR 150 the PIN code shall be requested in every case irrespective of the country limit.

19. Credit Cards

19.1. General provisions concerning credit cards

19.1.1. All credit cards issued on the basis of these Business Rules are bank cards in the case

of which cash withdrawals and purchases effectuated by the use of such cards are covered by

the revolving credit available in the credit account, provided to the Account Holder by the Bank

(hereinafter: ‘credit’).

19.1.2. The Bank issues the credit card to the Account Holder and no more than two natural

persons indicated by it in the application form as partner cardholders.

19.1.3. During the use of the credit card issued on the basis of these Business Rules the Bank

shall debit the amounts of cash withdrawals, purchase transactions as well as fees and costs

attaching to such transactions to the credit account.

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19.1.4. Provisions concerning the loans providing funds for the use of the credit card are

contained by the Business Rules on Credit Operations of the Bank.

19.2. Application for a credit card

19.2.1. The Account Holder may apply for a credit card in the manner and under the conditions

stipulated by the Bank. The Bank examines the data supplied in the application for a credit

card, filled in and submitted to it by the Account Holder, and if the Account Holder is credit-

worthy, the Bank shall in each case decide on the issue of the credit card as a result of a

separate customer examination and credit assessment. Simultaneously, the Bank shall

determine the amount of credit attaching to the credit card, that can be used by the Account

Holder and the amount of security deposit required. The Bank shall inform the Account Holder

about its decision in writing (hereinafter: ‘Notification’). The Notification contains data

concerning the credit, including data of the credit account. The Notification forms an

inseparable part of the credit card agreement.

19.2.2. Upon the expiry of the credit card, before the issue of a new credit card, pursuant to

Section 19.2.1 of these Business Rules, the Bank shall repeatedly determine and inform the

Account Holder in writing about the amount of credit serving as a cover for cash withdrawals

and purchases effectuated with the new card as well as the amount of the security deposit

required by the Bank.

19.2.3. If the amount of the credit and the security deposit remain unchanged, the Bank

delivers the credit card to the Card Holder pursuant to section 18.3.1.

19.2.4. If the Bank intends to decrease the amount of the credit or to increase the amount of

the security deposit, or it requires security deposit, the Bank shall inform the Account Holder

thereon in writing. Such notification shall be considered as the amendment of the credit card

agreement, provided the credit card agreement is not terminated pursuant to 19.6.1.

19.2.5. If the Bank issues the new credit card with raising the amount of the credit, it shall

inform the Account Holder thereon simultaneously with the notification of the issuance. In case

the Account Holder wants to use the credit card service still with the amount of credit specified

for the credit card expired, s/he has to inform the Bank within 5 (five) days upon receipt of the

notification on the raise of the credit.

19.2.6. During the validity period of the credit card the Bank is entitled to increase the credit

limit specified for the credit card any time and inform the Account Holder thereon in writing. If

the Account Holder wants to use the credit card service still with the amount of credit already

specified, he shall inform the Bank on that 5 (five) days upon receipt of the notification on

raising the credit limit at the latest.

19.2.7. The Bank shall inform the Account Holder in writing, if it does not issue a new credit

card for him/her.

If the Customer fails to activate the credit card, the Bank shall inform the Customer about the

termination of the credit card agreement in writing. In this case the Bank shall also perform its

obligation described in the previous section by this mail.

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19.2.8. Prior to the issue of a new credit card, the Account Holder may request the Bank to

issue a new partner card to be used as a credit card, without the issue of a main card. The

Bank shall comply with such request if all obligations, with special regard to payment liabilities,

related to the use of the credit card have been fulfilled completely and in compliance with the

agreement.

19.2.9. If the Bank fails to issue a new credit card for the Account Holder, the possibility and

the right to use the partner card issued in relation to the Account Holder’s credit account shall

terminate upon expiry of the credit card issued earlier, irrespective of the expiry date of the

partner card.

Provisions applicable to credit card contracts concluded after 1 March 2010:

19.2.10. The Account Holder may withdraw from the contract within 14 (fourteen) days after

the conclusion of the credit card contract without giving reasons if the loan is not yet disbursed.

19.2.11. The Account Holder may terminate the contract within 14 (fourteen) days after the

conclusion of the credit card contract without charge if the loan has already been disbursed by

the Bank.

19.2.12. The Account Holder must mail his/her declaration concerning termination (withdrawal)

not later than on the fourteenth day after the conclusion of the contract or he/she must send it

to the Bank in other verifiable way.

19.2.13. The Account Holder must repay the received loan amount and the credit interest

specified pursuant to the contract chargeable between the date of the disbursement of the loan

and its repayment without delay, but within thirty days the latest, after sending his/her

declaration concerning the withdrawal (termination).

19.3. Utilisation of the credit

19.3.1. The Bank shall make the credit available in the credit account opened for the Account

Holder, which serves exclusively as a cover for purchase and cash withdrawal transactions

and batch collection orders stipulated in the List of Terms and Conditions effectuated with the

credit card (hereinafter together: ‘credit card transactions’) as well as for interest, fees and

commissions charged by the Bank. The credit account may only be used with a credit card and

transfers or other banking transactions shall not be initiated from it, except for the performance

of batch collection orders stipulated by the Bank in its List of Terms and Conditions.

19.3.2. Credit may be taken out from the date of receipt of the credit card up to the date of

termination of the credit card agreement.

19.3.3. The amount of the credit available to Card Holders from time to time shall be calculated

by subtracting the credit already taken out, cash withdrawals and purchase transactions

effectuated with a credit card and permitted but not yet debited by the Bank, as well as interest,

fees and commissions due but not yet paid (hereinafter jointly: ‘interests, fees and costs’) from

the amount of the total credit. Card Holders may utilise the amount of the credit available in

parts or in full, according to the limits set out in the List of Terms and Conditions.

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19.3.4. The amount of the utilised credit shall be equivalent to the amount of the cash

withdrawal and purchase transactions performed by the Card Holders in the given invoicing

period, the amount of the interests, fees and costs charged in connection with the credit card,

as set out in the List of Terms and Conditions and the amount of outstanding liabilities attaching

to previous invoicing periods and not yet settled.

19.3.5. For credit utilised by Card Holders the Bank shall charge debit interest always due from

the date on which the transaction is performed until the date of repayment in case of cash

withdrawal transactions, whereas in the case of purchase transactions and batch collection

orders, from the date on which the transaction is effectuated or the date of the collection order,

unless the Card Holder has paid the full amount of his/her outstanding liabilities due at the last

day of the accounting period by the end of the grace period.

19.3.6. In case of non-performance or late performance of payment obligations related to the

use of the credit card, the Bank is entitled to suspend the use of the credit card by stoppage

from the date specified in the List of Terms and Conditions without notifying the Account

Holder. The use of the suspended credit card shall be re-established by the Bank from the

date specified in the List of Terms and Conditions if the Account Holder has paid all of its debts

connected with the use of the credit card.

19.3.7. In case of suspension of the use of the credit card neither cash withdrawals nor

purchase transactions can be performed and no direct debit orders shall be performed by the

Bank.

19.3.8. All costs and responsibilities related to the suspension of the use of the credit card and

the termination of the suspension shall be borne by the Account Holder.

19.4. Repayment

19.4.1. The grace period commences on the business day following the day of closing the

account and consists of a number of calendar days as determined in the List of Terms and

Conditions.

19.4.2. The day of closing the account is the last banking business day of the invoicing period

covering a full calendar month, except for the first invoicing period, which starts on the day

when the credit becomes available and ends on the last business day of the relevant month,

and if the bank card agreement terminates for whatever reason. In this latter case, the day of

closing the account is the date of termination of the agreement. The account closing day shall

be the day of the monthly closing settlement.

19.4.3. In the account statement sent on a monthly basis, the Bank shall inform the Account

Holder about all spending made with the credit card in the invoicing period and the interest,

fees and costs attaching thereto, as well as about the amounts paid by the Account Holder as

loan repayment.

19.4.4. In case of utilising the credit, by the end of the grace period at the latest the Account

Holder shall be obliged to pay a minimum amount into the credit account, subject to the

conditions set out by the Bank in the List of Terms and Conditions. In addition to such minimum

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payment, the Account Holder may make further repayments in the amounts and at the time

chosen at its own discretion, and/or it may also repay the total amount of the credit.

19.4.5. The Account Holder may repay instalments or the total amount by transfer, by intra-

bank book-entry transfer or in cash in the branch offices of the Bank.

19.4.6. The Bank shall use the amounts paid into the credit account by the Account Holder

primarily for discharging outstanding debit interest debts and for the settlement of fees and

commissions due to the Bank, while the remaining amount shall be used for repayment of the

principal, always in the chronological order of cash withdrawals and then purchase and direct

debit transactions.

19.4.7. The credit repaid in instalments or in full may be used again under the conditions set

out in the List of Terms and Conditions, until the availability of the credit is terminated.

19.4.8. In case of exceeding the credit the Bank shall charge credit excess fee under the

conditions set out in the List of Terms and Conditions.

19.4.9. The Bank does not pay any interest on deposits for the amount available in the credit

account exceeding the Account Holder’s debts existing from time to time. Such amount is

indicated in the account statement sent by the Bank separately and the Account Holder may

use it at any time.

19.5. Payment arrears

19.5.1. If the Account Holder fails to make the minimum repayment, the Bank is entitled to

charge default fee for such amount from the 2nd (second) day following the date of expiry of

the grace period at the rate determined in the List of Terms and Conditions.

19.5.2. If the Account Holder performs its payment obligation late, the Bank is entitled to

suspend the use of the credit card.

19.6. Termination of the credit card agreement

19.6.1. If the Account Holder does not accept the contents of the Notification (Section 19.2.1)

or the information pertaining to unilateral contract modification (Section 19.2.4.), the credit card

agreement shall terminate unless otherwise indicated in the credit card agreement. The

Account Holder shall inform the Bank about the fact that it does not accept the content of the

Notification within 15 (fifteen) days of its receipt at the latest. The Account Holder shall be liable

for any damage arising from failure to inform the Bank as required above or from doing so

belatedly, provided that the delay or failure did not occur within the Bank’s own sphere of

interest.

The credit card agreement shall also terminate if the Bank does not issue a new credit card to

the Account Holder pursuant to the terms and conditions of the credit card agreement in force.

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19.6.2. The Bank is entitled to terminate the credit card agreement with immediate effect if the

Account Holder performs its payment obligations late. The Bank shall be entitled to terminate

the credit card contract with ordinary termination on paper or other durable data carrier with at

least 2 (two) months’ notice period.

19.6.3. If the credit card agreement is terminated, the possibility to use the credit card shall

cease on the day following the date of termination, which shall not be earlier than the 3rd (third)

day after the starting day of the delay in the case of termination with immediate effect and in

case of ordinary termination on the day after the day the Bank has received the Customer’s

notice of termination.

19.6.4. If the credit card agreement terminates, all claims of the Bank, including costs arising

in connection with the making of the credit card and the credit taken out, shall become due in

full.

Provision also applicable to credit card contracts already concluded on 1 March 2010:

19.6.5. The Account Holder may terminate the credit card contract of indefinite time period with

a notice period defined in the credit card contract but not longer than one month.

20. TeleBANKár and Call Center services

20.1. Term definitions

20.1.1. TeleBANKár: means a service available to Customers for 24 (twenty four) hours a day

seven days a week and may be used with the involvement of an administrator of the Bank or

via a call centre, with the content specified in the List of Terms and Conditions.

20.1.2. Customer: for the purposes of the application for, modification and termination of

TeleBANKár services, the holder of the bank account for which the TeleBANKár services are

applied for.

20.1.3. User: the Customer and all natural persons, for whom the TeleBANKár service is

applied for by the Customer.

20.1.4. Customer Code: a series of numbers generated by the Bank and provided to the User,

by which the Bank identifies the User each time the User contacts the Bank in order to use the

service.

20.1.5. Telephone PIN Code: means a four-digit number handed over to the Customer by the

Bank, cannot be regenerated for security purposes, and is used for the purposes of verifying

the authorisation of the person who correctly specifies the Customer Code when using banking

services through the TeleBANKár system.

20.1.6. Call Centre service: a service available to the Customer 24 (twenty four) hours a day,

seven days a week with the assistance of an administrator of the Bank, with the scope defined

in the List of Terms and Conditions.

20.1.7. Successful identification of the Customer performed by the administrator of the Bank

is essential in all cases for the use of Call Centre service.

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20.1.8. The means, terms and conditions of using Call Centre service are specified in the List

of Terms and Conditions.

20.2. Use of the TeleBANKár service

20.2.1. The Customer provides the TeleBANKár services to the Customer and the User on the

basis of the request of the Customer submitted personally or in the TeleBANKár system.

Following the acceptance of the request the Customer Code and the telephone PIN is provided

to the Customer or the User.

20.2.2. The Customer or the User may only use banking services through TeleBANKár if

he/she has first given the Bank his/her Customer Code and telephone PIN as required by the

Bank.

20.2.3. On the written request of the Customer or on the application submitted through the

TeleBANKár system the Bank issues several telephone PINs to any account opened at the

Bank, the appropriate use of which – in line with the agreement and the present Business

Rules – is the liability and responsibility of the Customer.

20.3. Amendment of the limit amount

20.3.1. The Customer may amend the amount of the Limit by filling in a new Request or by

using the TeleBANKár service. The Request containing the modification may be handed over

in the customer service areas of the Bank or may be sent by post. The Bank shall modify the

amount of the Limit pursuant to the Request or the applications submitted through the

TeleBANKár system subject to the upper limit set out in the List of Terms and Conditions.

20.3.2. If the amount of the Limit is zero, the Bank shall only perform transfer orders made for

specific occasions between the Customer’s accounts kept with the Bank.

20.4. Use of the telephone PIN

20.4.1. The Customer and/or the User shall keep the personalised security credentials –

including the telephone PIN – in its possession and use them in such a manner so that it is not

accessible to, acquired or obtained by, unauthorised persons. The Customer is liable for all

damage or loss arising from the use of the telephone PIN by an unauthorised person if it is

ascertainable that the Customer’s wilful or grossly negligent act contributed to the occurrence

of the damage.

20.4.2. The telephone PIN has the same legal effect for the purpose of verification of the

Customer’s or the User’s identity as the Customer’s or User’s authorised signature given to

the Bank. The Bank considers any order made with the use of the telephone PIN in each case

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as an order given by the Customer. The Customer shall be liable for any damage or loss that

may arise from the performance of instructions following the provision of the telephone PIN,

irrespective of the fact that the order comes from the Customer or the User or not.

20.4.3. After the expiry of the 365-day-long validity period, the telephone PIN may only be used

for the purpose of its own modification. The Customer or the User may at any time modify the

telephone PIN whether during the validity period or thereafter. The validity period restarts as

from the date of the modification.

20.4.4. The Customer or the User may at any time cancel the telephone PIN.

20.4.5. If the Customer or the User loses the telephone PIN or believes that an unauthorised

person has obtained knowledge of it, the Customer or the User shall immediately initiate

measures, providing the reasons for doing so, for the cancellation of the telephone PIN.

20.4.6. After the Bank receives the Customer’s request for cancellation by phone and/or in

writing, the Bank shall immediately cancel the use of the telephone PIN.

20.4.7. The Bank does not accept any order or instruction from the Customer or the User on

the basis of an invalidated or cancelled telephone PIN.

20.4.8. The Customer or the User may apply for a new telephone PIN in person on the Bank’s

premises open to customers or by telephone at the Telebankár Customer Service (Contact

Centre).

20.4.9. The Bank may refuse to perform any order if it detects an error or mistake when the

telephone PIN is given. If the telephone PIN is given incorrectly three times on one single day

the Bank shall suspend the provision of TeleBANKár service to the Customer or the User until

midnight of the relevant day.

20.5. Performance

20.5.1. The TeleBANKár service may only be accessed and used on the phone numbers set

out in the announcements of the Bank and used in the ways specified in the user manual given

to the Customer.

20.5.2. The Bank accepts orders subject to content requirements identical with those

applicable to orders given in writing provided the telephone PIN is correctly given. An order is

to be deemed accepted if the Bank acknowledges acceptance of the order to the person giving

the correct telephone PIN with the content specified by him/her, and the person giving the

telephone PIN thereupon confirms the order by making an explicit statement to that effect.

20.5.3. The Bank may refuse to perform an order if it exceeds the Limit and/or the person

giving the correct telephone PIN fails or refuses to confirm the order.

20.5.4. In the course of the provision of the TeleBANKár service the Bank shall record the

conversation with the person giving the telephone PIN. The Bank shall keep and treat the

sound recordings in compliance with the regulations concerning confidential banking

information. During safekeeping, upon request of the Customer or the User, the Bank shall

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ensure that the Customer and the User may listen to the relevant sound recordings in the

presence of the Bank’s representative. Minutes shall be taken of the listening of the recordings.

20.6. Liability

20.6.1. The Bank does not assume any liability in relation to the safety of the

telecommunication and technical operation of the TeleBANKár service.

20.6.2. In respect of orders during the transmission of which a technical error occurs

(temporary loss or break-down of the line, cross-talk etc.) the Customer or the User shall

ensure that they are repeated and confirmed. Failing which the Bank shall not perform the

order.

20.6.3. Data transmitted during the operation of telecommunication networks, including

confidential banking information, may be intercepted by an unauthorised person. By applying

for the TeleBANKár service, the Customer or the User acknowledges and accepts any risks

inherent in this circumstance and waives any claims that may be enforced against the Bank in

relation thereto.

20.7. VideoBANK service 20.7.1. The MKB VideoBANK service is available to Customers in Hungarian, in a video chat with the assistance of a bank administrator, with the content specified in the List of Conditions, in line with the rules of the bank’s business premises open to customers. During the VideBANK service, images and sound are recorded. 20.7.2. The MKB VideóBANK service can be used by our already identified retail and corporate customers, after a successful identity check performed by the bank administrator. 20.7.2.1 In order to establish identity, the customer must present both sides of their personal

identity card and address card. The administrator takes a screenshot of each side of the

identity card and the front of the address card.

20.7.2.2. During the identity matching test the customer shall

a) (a) look into the camera in such a way that their portrait can be recognized and

recorded,

b) (b) clearly indicate the number of their identification document, and

c) (c) if necessary, move the identification document in such a way that the security

features and data sets contained therein can be identified and recorded.

If the documents cannot be seen properly based on the snapshot created in this manner, the

administrator may request the Client to repeat the procedure. Identification is successful when

an adequate quality image is taken of the Client and their documents, and when the information

in the documents matches the data recorded in our systems, and the identification is thus

undoubtedly successful.

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20.7.2.3. The administrator shall interrupt the identity matching process if:

a) the customer withdraws consent to the recording of data at any time during the video

connection,

b) the physical and data content requirements of the certificates or documents presented

by the customer are not defined,

c) the conditions of the visual identification of the certificates and documents presented

by the customer are not defined,

d) the bank administrator is unable to make the audio and video recording due to technical

deficiencies on the customer's side,

e) the bank administrator notices during the video connection that the customer is making

a statement under perceptible influence, or

f) in the event of a match of identity or subsequent customer service, the administrator

detects any inconsistency or uncertainty on the part of the customer.

20.7.3. It is not necessary to download a separate program for the MKB VideóBANK service,

it can be accessed from the mkb.hu/videobank page created on the Bank's website.

The IT device used by the Customer must comply with the following minimum configuration

specified by the external service partner providing the video call service.

On an Android smartphone

- Front camera

- Microphone and speaker

- At least Android 4.4 version

- Google Chrome or Firefox browser

On an Apple iPhone smartphone

- Front camera

- Microphone and speaker

- At least iOS 11.2.6

- Safari browser

On laptop and desktop computers

- Webcam

- Microphone and speaker

- At least 2 gigabytes memory

- Google Chrome (v44 +), or Mozilla Firefox (52+), or Internet Explorer (9+), or Microsoft

Edge (14+), or Apple Safari (8+)

If the Csutomer’s computer or the camera of the IT device used by them does not meet these

requirements, a video chat cannot be arranged, it will be automatically rejected by the system.

20.7.4. Responsibility The Bank is not responsible for the security of the technical operation of the internet during the MKB VideoBANK service.

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In the case of services during which a technical error occurs, the Customer is obliged to ensure that the order is repeated or confirmed. Failing this, the Bank will not execute the order. Data transmitted during the operation of the Internet may become known to unauthorized persons, including data classified as bank secrets. By requesting the MKB VideoBANK service, the Customer acknowledges and assumes the possible risks arising from this circumstance and waives the right to enforce a claim against the Bank in this regard. 20.7.5. The process of the MKB VideoBANK service

20.7.5.1. Our customers can establish a video chat connection with our administrators by

clicking on the link on the page - after entering their data.

20.7.5.2. The identity of the person is checked by document verification in accordance with the branch administration process. If the data presented by the Customer match the data previously provided in the Bank's system during the customer due diligence, the administration may be continued. 20.7.5.3. The MKB VideoBANK service can only be used for the services published in the bank's list of conditions. The Bank reserves the right to terminate the video chat with a visitor who wishes to use a service not specified in the list of conditions, or who during the video chat uses expressions that contain obscene, defamatory, or racist statements, or uses hate speech or terms that not relate to the Bank's services in any way, or is visibly intoxicated or stunned. During the use of the VideoBANK service, the Customer may make statements verbally in the

recorded video chat room, based on the fact that the administrator has displayed the document

offered for acceptance on the Customer’s interface and provided summary information on its

essential elements. After the Customer confirms the receipt and legibility of the document, the

Customer may verbally declare the acceptance of the document or communicate any request

for correction. Following the requested correction, the corrected document will be presented

to the Customer again.

20.7.5.5. The Bank shall send the statement or contractual document made by the Customer to the Customer's NetBANKar account or in the form of an encrypted e-mail to the e-mail address previously provided by the Customer to the Bank.

21. MobilBANKár service

21.1. Use of the MobilBANKár service

21.1.1. Within the framework of the MobilBANKár service the Bank shall inform the Customer

about banking operations related to the bank account and/or bank card indicated by the

Customer and shall provide data to the Customer in short text messages (SMS) sent to a

mobile phone.

21.1.2. The Customer may use the MobilBANKár services specified in the Application Form in

relation to its bank accounts held with and bank cards issued by the Bank, requiring different

MobilBANKár services for each bank account or bank card.

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21.1.3. The Bank shall provide the MobilBANKár services on the basis of and in compliance

with agreements entered into with mobile telecommunications companies.

21.1.4. The Customer may request the MobilBANKár Service by submitting to the Bank a

Request to that effect pursuant to the List of Terms and Conditions. The earliest starting day

of the provision of the MobilBANKár service related to a bank card is the day indicated by the

Customer, which is in the case submitting of the request through non-electronic channels the

official bank day after receiving the request by the Bank the earliest. In any other cases the

starting day is the day on which the Bank has confirmed the provision of the service to the

Customer in SMS. The Bank provides the MobilBANKár service related to a bank account from

the day indicated by the Customer, but not sooner than the day following receipt of the

Request.

21.2. Suspension of performance, interruption of operation

The Bank may suspend the provision of the MobilBANKár services on non-banking business

days without giving any special notice thereof for the purpose of carrying out maintenance

works in the account keeping and other systems on which the provision of the services is

based. During the period of suspension, the MobilBANKár services cannot be used.

21.3. Notification

21.3.1. It is the duty of the Customer to notify the Bank of circumstances hindering the use of

the services and affecting the mobile phone number indicated in the Request, including the

loss, theft of the mobile telephone and change or termination of the mobile phone number, and

to initiate the cancellation of the MobilBANKár services (hereinafter jointly: ‘Notification’).

21.3.2. A Notification given by a telecommunication device is deemed to have been given by

the Customer if it contains at least the Customer’s name or the mobile phone number referred

to in the Notification. The Bank shall not accept Notifications made in writing unless the

Customer’s signature thereon is identical with the authorised signature given to the Bank. The

Bank does not assume liability for any damage or loss arising from an incorrect or erroneous

Notification.

21.3.3. The Notification is not to be regarded a notification of the mobile phone company or

blockage.

21.4. Liability

21.4.1. In relation to the MobilBANKár service the Bank is only liable for the performance of

the obligations set out in the Application Form, subject to simultaneous application of the

provisions of this Section 21.4.

21.4.2. Any message sent by the Bank is only of informative nature.

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21.4.3. The Bank is not liable for the completeness of the short messages (SMS) sent to the

Customer, and/or any failure, malfunction, breakdown, interference in the network of the

mobile telephone service provider or bankcard companies and/or a downtime in the operation

of the mobile telephone service provider or the bank card company. Furthermore, the Bank

does not assume liability in case the mobile phone of the Customer is for any reason not able

or not suitable to receive the messages sent by the Bank.

21.4.4. The Bank sends information in connection with the services specified in the Request

only once and only to the mobile phone number indicated there. The Bank shall not investigate

the holder of the mobile phone number specified by the Customer in the Request.

21.4.5. In the course of the performance of the MobilBANKár service the Bank may only be

held liable for any loss or damage incurred by the Customer up to the amount of the fee set

out in the List of Terms and Conditions for the relevant service.

21.4.6. In case the Customer fails to notify the Bank on the change of the mobile phone number

specified in the Request and thus the Bank is not able to perform its obligations undertaken in

respect of providing MobilBANKár services for 1 (one) month, the Bank is entitled to terminate

the provision of the service in connection with this mobile phone number without previously

notifying the Customer. Any damage arising from such termination shall be borne by the

Customer.

21.4.7. The Customer must use MobilBANKár service within the range of services defined in

the contract concluded by him/her with the Bank on the condition that the Customer shall be

responsible for any damage resulting from not using the service or the inappropriate use of the

service.

21.5. Modification of the Service

The Customer is entitled to amend the request unilaterally in any branch office of the Bank in

person or through the electronic channel specified in the List of Terms and Conditions.

22. NetBANKár, NetBANKár Business, EFER and MKB Mobilbank Services

Unless these Business Rules specifically provide otherwise, the provisions of the NetBANKár

service shall be applied to the NetBANKár business service.

22.1. Use and scope of the NetBANKár service

22.1.1. The NetBANKár service is a service provided by the Bank via the Internet and includes

contract conclusion via identified electronic means, queries concerning bank accounts, credit

cards and data defined in the List of Terms and Conditions, performance of requests and

confirmations, requests for quotes and their acceptance, as well as the performance of banking

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operations. The NetBANKár services available for the Customer, and the terms and conditions

of usage, as well as the mode, terms and conditions of contract conclusion via electronic

means are specified in the List of Terms and Conditions and in the contract that may be

concluded via identified electronic means.

22.1.2. The Customer may use the NetBANKár service via the on-line IT system of the Bank

after the strong customer authentication procedure has been carried out.

22.1.3. The Customer may apply for the NetBANKár service by submitting an Application Form,

or by logging in with proof of identification to the electronic channel specified by the Bank, in a

manner specified in the List of Terms and Conditions.

22.1.4. Within the framework of NetBANKár services the Customer is the holder of the bank

account to which the NetBANKár services are applied for. The User is the Customer and all

the natural persons authorised for whom the NetBANKár services are applied for by the

Customer.

22.1.5. NetBANKár services and their termination and modification, including also the

application and termination pertaining to the User(s) may only be applied for by the Customer.

The User(s) is (are) only entitled to collect the identification code or identification tool, make

notifications as defined under Section 22.4.1 hereof, or collect the new identification code or

identification device.

22.1.6. The commencement date of the provision of the NetBANKár service is,

in the case of a personal application, the day when the Request is received; and, if the service is requested by a Customer who is not a natural person, it is the day on

which the Bank sends the identification code specified in Section 22.2 hereof in a text message to the Customer or the User(s).

otherwise, the day on which the Bank confirms provision of the service to the Customer by phone or by electronic means of communication, and delivers or makes available to the Customer the identification code and/or identification tool under Section 22.2.

the day specified in the Request for the NetBANKár Business service.

22.1.7. Only the Customer may modify the sphere of payment accounts involved in the

NetBANKár services requested by him or suspend the NetBANKár service, both for himself

and with regard to the User(s). Any User who is entitled to dispose over the payment account

independently may modify his own user limit and may request an extraordinary limit with regard

to that payment account, on condition that the User only has the right to request an

extraordinary limit if the NetBANKár Business service is used.

22.2. Identification code and identification tool

22.2.1. The NetBANKár service may only be used with the help of an identification code(s)

and/or an identification tool(s).

Identification codes: The identification code, login code and signature code provided by the

Bank to the Customer or the User. The login code and the signature code must be changed at

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the first usage of services, as well as at any time specified by the Bank; if an SMS signature

code is sent, then the use of the SMS signature code is obligatory. The Customer may change

the login code at any time. The Customer may change the signature code solely if it is not an

SMS signature code, with the exception of the first signature code.

The SMS signature code is a series of symbols sent by the Bank automatically for use only on

one occasion, valid for 10 (ten) minutes from its issue, after which time the Bank shall no longer

perform any order carrying this code. The Bank sends the SMS signature code to the

Customer’s or the User’s mobile telephone number specified on the NetBANKár service

application form. The Customer shall bear all risks and assume liability for any events arising

from the change of such telephone number, the theft or loss of the phone or access to the SMS

signature code by any unauthorised persons.

22.2.2. In the Request the Customer may authorise the User(s) who are authorised to dispose

over the bank account to use the NetBANKár service subject to the terms and conditions set

out in the Request. The Bank shall issue an individual identification code to the User(s). Orders

given by the User(s) have the same effect as orders given by the Customer.

22.2.3. It is the duty of the Customer and/or the User(s) to safe-keep the personalised security credentials, thus in particular, the identification code or the identification tool, and the Customer shall be liable for any damage arising from disclosing to, or sharing the identification code or tool with a third person in any way, if it is ascertainable that the Customer’s wilful or grossly negligent act contributed to the occurrence of the damage.

22.3. Performance

22.3.1. The procedures for acceptance and performance of orders are contained in the List of

Terms and Conditions.

22.3.2. The Bank shall store the orders given by the Customer while the account keeping and

other IT systems serving as a base for the provision of the NetBANKár service are closed until

the next opening of the system, when it shall perform the orders.

22.3.3. In case an order is rejected, the Bank shall send a message to the Customer via the

NetBANKár Service in a way that the status of fulfilment of the order can be checked.

22.3.4. The Bank reserves the right to:

a) carry out maintenance works – during the time period defined in the prior message sent via

NetBANKár service – in the account keeping and other IT systems on which the provision of

the NetBANKár services is based on non-banking days without giving special notice thereof.

During this time, the NetBANKár services are not available;

b) to carry out maintenance works in the account keeping and other IT systems on which the provision of the NetBANKár service is based between 10 p.m. and 4 a.m. of the subsequent calendar day on banking days. During this time the NetBANKár service is not available. The Bank notifies the Users about the maintenance in advance in a message sent through the NetBANKár service whenever possible,

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c) to carry out maintenance works in its account keeping and other IT systems on which the performance of promt payment transfer orders is based – in a total of maximum 24 hours per year – during the least occupied period, between 10 p.m. and 4 a.m. of the subsequent calendar day, during which period the Bank shall not perform promt payment transfer orders. The Bank notifies the Users about the maintenance in advance in a message sent through the NetBANKár service.

22.4. Notification and the Suspension of the Services

22.4.1. The Customer or the User is obliged to notify the Bank immediately if any unauthorised

person obtains knowledge of or comes into possession of the identification code or the

identification tool. The Customer shall be liable for any loss or damage arising from the failure

to give such notification. On the basis of the notification, the Bank shall suspend the provision

of the services.

22.4.2. The Customer or the User may only use the services again if he is provided by the

Bank with a new identification code and/or identification tool, and the suspension of

performance has been ceased.

22.5. Liability

22.5.1. The Bank is only liable for technical malfunctions and failures arising at the Bank.

22.5.2. The Bank is not liable for any loss or damage that is attributable to the acts or omissions

of other service providers or third parties during the use or provision of the NetBANKár

services.

22.5.3. The Customer shall provide for the technical conditions of the devices and equipment

applied in the course of using the NetBANKár services and their suitability for use.

22.6 EFER (Electronic Payment Settlement System, EPSS) service

22.6.1. The Bank provides the EFER service within the framework of the NetBANKár and NetBANKár Business service. With the help of the EFER (Electronic Payment Settlement System), the Bank provides an electronic payment service, within the framework of which the customer fulfils all the payment obligations towards institutions joining EFER in one lump sum, by submitting one payment order.

22.6.2. In order to use the EFER service the Customer must register through the Citizen Portal accessible on the Government Portal (https://magyarorszag.hu), and must have the right to submit transfer orders through electronic channels on a payment account, kept by the Bank and registered in EFER.

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22.6.3. Following registration, every time when the Customer intends to submit a payment order by using the EFER service, they must log in through the Citizen Portal and place an order for distribution by using the eBEV/EFER/Order batches path, and then must choose the EFER payment method. Based on the distribution order the Customer fulfils the payment obligation by submitting a transfer order and by using the NetBANKár or NetBANKár Business service. EFER forwards the order data registered on the eBEV portal (hereinafter: EFER payment order) to the Bank, and the Bank makes sure that after the receipt the order is immediately accessible to the Customer by using the NetBANKár or NetBANKár Business service.

22.6.4. The Customer must check the EFER payment order and accept or reject its contents for performance by giving the required signal, and using the NetBANKár or NetBANKár Business service, and the Bank shall automatically forward it through EFER. The data of the order cannot be modified. Following approval, the Customer must place a transfer order in the NetBANKár or NetBANKár Business system in order to perform the EFER payment order. The Bank fulfils the transfer order as a HUF transfer order, through the interbank Giro system, within the deadlines for submission of payments orders of that type and by charging the fees and commissions pertaining to EFER payment orders. If there is no transfer order, the EFER payment order shall not be performed; the Bank shall not take responsibility for it and it shall be at the risk and responsibility of the Customer.

22.6.5. EFER sends confirmation on EFER payment orders, performed or rejected, or not paid by the deadline, to the beneficiaries of the EFER payment.

22.6.6. The Bank only performs an EFER payment order if all the funds required for it are available on the bank account specified by the Customer to be debited, also including all fees and expenses of the performance of the EFER payment order charged to the Customer. There is no queue or partial payment within the framework of the performance of an EFER payment order. Any consequence and responsibility of the lack of availability of the required funds, or any shortage of the funds, also including the obligation to pay any applicable fine, shall be borne by the Customer. 22.6.7 If the EFER payment order is rejected, the Customer must otherwise arrange for the transfer of the duty, tax, etc. liabilities included in the order to the payee. 22.6.8 The Bank shall only be responsible for any delay in the performance of an EFER payment order if it is due to any reason attributable to it.

22.6.9 The Bank informs the Customer of the performance of the EFER payment order on the bank account statement.

22.6.10. The EFER service fees are included in the List of Terms and Conditions. 22.6.10 The MKB Mobilbank Service The Bank offers the MKB Mobilbank service in the framework of the NetBANKár service. The MKB Mobilbank service provides the possibility for directly making and performing orders related to payment accounts denominated in HUF, for accessing data pertaining to account activity under the terms stipulated in the List of Terms and Conditions. The terms and conditions applicable for using the MKB Mobilbank service and the functions available in the scope thereof are set out in the List of Terms and Conditions.

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The MKB Mobilbank service shall be governed by the provisions applicable to the NetBANKár service, unless otherwise stipulated.

23. PCBankár and EFER Services

23.1. Use and scope of the PCBankár Service

23.1.1. The Bank enables current account holder Customers to conclude contracts, to perform

requests, confirmations, requests for quotes and to accept them, to dispose of their payment

accounts and to receive messages from the Bank (hereinafter collectively referred to as

‘service’) via its direct on-line message transmission system (hereinafter: ‘System’) by way of

electronic data exchange and processing.

23.1.2. Within the framework of the service the Bank shall render it possible for the Customer

to make orders and to have orders performed directly in relation to payment accounts, to

inspect data related to the turnover of the account and to obtain other financial information

necessary for business, subject to the terms and conditions set out in these Business Rules,

the Request and the List of Terms and Conditions. The list and conditions of usage of services,

as well as the mode and terms and conditions of contract conclusion via identified electronic

means are specified in the List of Terms and Conditions and in the contract that may be

concluded via identified electronic means.

23.1.3. The Customer may apply for the service in accordance with the provisions set out in

the List of Terms and Conditions.

23.1.4. The first day of availability of the PCBankár service is the day stated in the Application.

23.2. Customer identifier

23.2.1. For the use of the System the Bank provides the Customer with a Customer-ID

specifying the method of strong customer authentication in the List of Terms and Conditions

which must be used in compliance with the requirements in order to have access to the

services.

23.2.2. Orders made by means of strong customer authentication shall in all cases be deemed

orders made by the Customer.

23.2.3. The Customer is obliged to make sure that the passwords and devices used for strong

customer authentication are kept safe and only authorised persons use it.

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23.3. Performance

23.3.1. The Customer shall set up the hardware configuration on the customer’s side

necessary for the use of the System at its own expense, subject to compliance with the

requirements stipulated by the Bank, and shall ensure that such configuration operates on a

continuous basis during the term of the agreement.

23.3.2. The Bank shall provide the Customer with a virus-free and legal software package,

including the software versions containing the modification, (hereinafter jointly: ‘software’) for

the use of services. The Bank shall grant the Customer the right to use the software without

transferring the title to it, subject to the personal and time limitation of the use specified by the

Bank.

23.3.3. The Bank shall deliver the software to the Customer at a time previously agreed upon.

The software is installed by the Bank, or, if needed, by the Customer on the basis of the

description provided by the Bank whichever is preferred by the Customer. The Bank reserves

the right to commission a third person with the installation of the software.

23.3.4. The Customer shall every time arrange for the preliminary archiving of the data stored

on hardware equipment used in the installation of the software and ensure that such hardware

equipment is free from all viruses, irrespective of whether the installation of the Software has

been performed by the Customer or the Bank.

23.3.5. Once the software has been installed, the Customer shall cover all costs of repairs of

damages or losses caused by him by changing the hardware and software environment of the

system that was put in operation.

23.3.6. The Customer is obliged to start using the amended versions of the software delivered

by the Bank by the time specified by the Bank. During the use of the system exclusively the

latest and last but one version is supported by the IT-system of the Bank, the service may not

be used with earlier versions of the software. Costs of delivering of software versions are

specified in the List of Terms and Conditions.

23.3.7. Only the Bank or the person engaged by the Bank shall be entitled to repair and amend

the software. If the Customer makes any changes to the hardware configuration, its databases

or the software or its installation settings, it shall bear and indemnify the Bank for all costs and

damages resulting from such changes.

23.3.8. The Bank reserves the right to:

a) carry out maintenance works in the account keeping and other IT systems constituting the

basis of the supply of PCBankár services on non-banking business days, during the period

specified in a prior message sent through the PCBankár service. During that period, the

PCBankár services are not available.

b) to carry out maintenance works in the account keeping and other IT systems on which the provision of the PCBankár service is based between 10 p.m. and 4 a.m. of the subsequent calendar day on banking days. During this time the PCBankár service is not available. The Bank notifies the Users in advance about the maintenance in a message sent through the PCBankár service whenever possible,

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c) to carry out maintenance works in its account keeping and other IT systems on which the performance of promt payment transfer orders is based – in a total of maximum 24 hours per year – during the least occupied period, between 10 p.m. and 4 a.m. of the subsequent calendar day, during which period the Bank shall not perform promt payment transfer orders. The Bank notifies the Users about the maintenance in advance in a message sent through the NetBANKár service.

23.4. Rules of using the system

23.4.1. The Customer is entitled to use the system in the manner and under the conditions

specified in the Application Form, the List of Terms and Conditions and the present Business

Rules.

23.4.2. The Bank may ascertain the fulfilment of the necessary conditions, including visiting

the Customer, for the purpose of the uninterrupted operation of the services set out in the

agreement, and the Customer shall be obliged to co-operate with the Bank to this end. The

Bank may not be made liable for any malfunction arising from the breach of this obligation to

co-operate.

23.4.3. The Bank may suspend the right to use the System with immediate effect if it notices

any signs of an attempt at gaining unauthorised access on the Customer’s side in the course

of the use of the System.

23.4.4. The Customer may not modify or withdraw his orders sent to the Bank via the System.

23.4.5. The Customer shall send his orders to the Bank arranged in groups and in individual

batches. The Customer may dispatch several batches on one business day. The Bank shall

perform the instructions in the order of receipt of batches.

23.4.6. The Bank shall reject the performance of the direct debit order if the date of the posting

of the message is later than the date of processing, the identification of the order is not

individual or on the day of the debit entry the balance of the current account of the Customer

does not have sufficient funds for the total amount indicated in the order.

23.4.7. Direct credit orders shall be submitted to the Bank ensuring that the date of debit does

not exceed the 14th (fourteenth) calendar day following the date of posting the message

indicated in the individual identification of the order.

23.4.8. The Bank shall accept orders of the Customer for same day performance until the date

specified in the List of Terms and Conditions. The Bank does not reject batches arriving after

these dates; it shall accept and perform them along with the settlements on the next value date

or on the value date specified by the Customer.

23.4.9. The Bank does not reject the Customer’s orders given for the value date preceding the

date of submission; it shall accept and perform them on the date of submission or the next

value date in accordance with section 23.4.8.

23.4.10. If orders cannot be submitted because of any defect in the system or any temporary

hindrance in the electronic data transmission system, the Customer may send its orders to the

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Bank in the traditional (paper-based) way and the Bank agrees to perform the instructions thus

submitted to it as soon as possible.

23.4.11. The Customer is obliged to use the Software in a proper and due manner.

23.4.12. The Customer is obliged to ensure that only the persons authorised by it may use the

software and only persons designated by it for this purpose may make orders via the System

and only such persons may obtain knowledge of the information related to the dispatch and

authentication of messages.

23.4.13. The Customer is liable for maintaining and preserving the legality and virus-free

status of the software. The Customer may not implement any modification or change to the

software and may not permit any third person to do so.

23.4.14. The Customer is obliged to hold the particulars of the software provided to it as

business secret. The Customer may not copy the Software and may not disclose or deliver or

make accessible to any third person the documentation of the Software related to the

electronic banking services and recorded on any media and is obliged to prevent the sale of

the same in any form, whether built into its own software product or otherwise.

23.4.15. Even when the service is no longer used, the Customer is obliged to comply with the

security and confidentiality requirements on the software without any limitation in time.

23.4.16. The Customer may use the service at his/her own risk and responsibility. The Bank

shall not be responsible for the integrity of the data stored on the computer used by the

Customer and/or by any other User, or for any and all eventual technical deficiencies that occur

during the use of Services, including the breakdown or inoperability of the system or the

software.

23.5. Cost bearing, fees

23.5.1. The costs of maintenance, repairs or replacement of the software shall be borne by the

Bank unless the Customer is in breach of its obligation to use the software properly or the

repairs are necessary for reasons falling within the Customer’s sphere of operation (e.g. wilful

damage, crime, leaking of roof).

23.5.2. The Customer shall bear the costs (of the visit to the site and correction of the error)

related to the correction of the following technical errors occurring in the course of the use of

the software.

Technical errors:

reinstallation of the software for technical and other reasons (e.g. replacement of components in hardware equipment)

installation of the software to a different hardware equipment

problems related to the operating system

communication problems (e.g. modem setting problem, ISDN problem)

problems related to the running of the upgrade software

printing problem

errors related to hardware other than those operated by the Bank.

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23.5.3. The Customer shall also bear all other costs related to the use of the PCBankár system

and the software not specified herein, provided that the Parties have previously agreed with

regard to such costs in writing.

23.5.4. The Customer shall pay the fee specified in the Bank’s List of Terms and Conditions for the services provided. Such payment shall be effected by the Bank directly debiting the fee from the Customer’s current account.

23.5.5. The Customer, by signing a declaration developed by the Bank, might give her/his

consent to a common use of the services provided by the system with using the software

installed at the Customer and thus all Users taking advantage of the system might have access

to and understand the data of all of the Users arriving via the system.

23.5.6. With the application for the service the Customer agrees that within the framework of

the computer contact and operation the Bank shall freely transmit the data related to the

Customer to its different units and organs and that it shall process, store or delete these data

together with other data within its own data processing and registration systems.

23.6. Notification and the Suspension of the Services

23.6.1. If the identification tool is lost or obtained by an unauthorised person or the services

of the System are used by an unauthorised person, the Customer, as soon as this comes to

its attention, is obliged to notify the Bank to this effect without delay, preferably by fax or in a

letter delivered in person or through the electronic channel specified by the Bank in the List of

Terms and Conditions. The Bank shall immediately cancel the use of the System in relation

to the Customer’s bank accounts if the above notice is received by the bank’s administrator

during working hours or by the end of the third hour of the following business day at the latest

if the above notice is received outside working hours. By delivering a new identification tool

within 2 (two) business days of the notice, the Bank enables the Customer to use the System

again.

23.6.2. The Customer is obliged to notify the Bank or the representative of the Bank

immediately of any defect breakdown of the hardware and software tools and their

malfunctions inconsistent with the System documentation. The Customer shall be liable for

any loss or damage arising from the delay in giving or failure to give such notification.

23.7. Liability

23.7.1. The Bank does not assume liability for defects, malfunctions, damage or destruction

that may arise in the hardware tools used in the provision of the services on the customer’s

side, or in the operation of the data transmission system.

23.7.2. The Customer shall be liable for any abuse of the identification tool by an unauthorised

person or for damages attributable to the Customer’s negligent conduct, including failure to

notify the Bank immediately.

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23.8. Termination of the agreement

23.8.1. Orders made before the end of the notice period are to be performed after the

termination of the agreement unless otherwise provided for in the agreement or the

Customer’s notice of termination.

23.8.2. Simultaneously with the termination of the service, the Bank may cancel the

Customer’s right to use the System, and the Customer is obliged to return the software and

the identification tool to the Bank on the day when the provision of the service is terminated.

23.9. EFER Service 23.9.1. In the scope of the PCBankár service, the Bank provides the EFER service. With the help of the EFER (Electronic Payment Settlement System), the Bank provides an electronic payment service, within the framework of which the customer fulfils all the payment obligations towards institutions joining EFER in one lump sum, by submitting one payment order. 23.9.2. In order to use the EFER service the Customer must register through the Citizen Portal

accessible on the Government Portal (https://magyarorszag.hu), and must have the right to

submit transfer orders through electronic channels on a payment account, kept by the Bank

and registered in EFER.

23.9.3. Following registration, every time when the Customer intends to submit a payment

order by using the EFER service, they must log in through the Citizen Portal and place an order

for distribution by using the eBEV/EFER/Order batches path, and then must choose the EFER

payment method. Based on the distribution order the Customer fulfils the payment obligation

by submitting a transfer order and by using the PCBankár service. EFER forwards the order

data registered on the eBEV portal (hereinafter: EFER payment order) to the Bank, and the

Bank makes sure that after the receipt the order is immediately accessible to the Customer by

using the PCBankár service.

23.9.4. The Customer must check the EFER payment order and accept or reject its contents

for performance by giving the required signal, and using the PCBankár service, and the Bank

shall automatically forward it through EFER. The data of the order cannot be modified.

Following approval, the Customer must place a transfer order in the PCBankár system in order

to perform the EFER payment order. The Bank fulfils the transfer order as a HUF transfer

order, through the interbank Giro system, within the deadlines for submission of payments

orders of that type and by charging the fees and commissions pertaining to EFER payment

orders. If there is no transfer order, the EFER payment order shall not be performed; the Bank

shall not take responsibility for it and it shall be at the risk and responsibility of the Customer.

23.9.5. EFER sends confirmation on EFER payment orders, performed or rejected, or not paid by the deadline, to the beneficiaries of the EFER payment.

23.9.6. The Bank only performs an EFER payment order if all the funds required for it are

available on the bank account specified by the Customer to be debited, also including all fees

and expenses of the performance of the EFER payment order charged to the Customer. There

is no queue or partial payment within the framework of the performance of an EFER payment

order. Any consequence and responsibility of the lack of availability of the required funds, or

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any shortage of the funds, also including the obligation to pay any applicable fine, shall be

borne by the Customer.

23.9.7. If the EFER payment order is rejected, the Customer must otherwise arrange for the

transfer of the duty, tax, etc. liabilities included in the order to the payee.

23.9.8. The Bank shall only be responsible for any delay in the performance of an EFER

payment order if it is due to any reason attributable to it.

23.9.9. The Bank informs the Customer of the performance of the EFER payment order on the

bank account statement.

23.9.10. The EFER service fees are included in the List of Terms and Conditions.

VI. SERVICE PACKAGES

24. General Provisions

By providing various services the Bank enables the use of service packages.

25. Use of service packages

25.1. The list of services available in a service package and the terms and conditions of the

use of the service package are specified in the List of Terms and Conditions.

25.2. The Bank is entitled to review the terms and conditions of usage and terminate the

package with immediate effect if any of the terms and conditions is not met.

25.3. In order to use the services under the service package the appropriate agreements must

be concluded, otherwise the Bank shall not provide the services.

26. Fees, charges and their payment

26.1. The charges for the use of the service package and the payable fees are specified in the

List of Terms and Conditions.

26.2. If the use of the service package is terminated due to any reason, then the Bank shall

charge the fees and charges for the services provided within the framework of the service

package as determined in the List of Terms and Conditions for the specific service.

27. Liability

The liability rules related to the service provided within the framework of the service package

are specified in the Business Rules applicable to the service.

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28. Termination of the agreement

If the service package is terminated due to any reason, it shall not terminate the provision of

services within the service package, and the terms and conditions of the agreement applicable

to the specific services shall be applied to them.

VII. SAFE DEPOSIT BOX RENTAL

29. General Provisions

29.1. This Chapter contains the general terms and conditions of agreements entered into

between the Bank and the Customer with respect to safe deposit box rental services.

29.2. The detailed terms and conditions related to the safe deposit box rental services,

including in particular the location, number and category of the safe, the commencement date

of the lease, the amount of the rent, terms and date of payment of the rent are defined in the

rental agreement (hereinafter referred to as the Agreement).

29.3. The Customer may use the safe deposit box to place and keep its various valuables,

chattels, documents and other instruments (hereinafter together referred to as Objects).

29.4. The Customer may not put in the safe deposit box - cash (any legal tender in circulation from time to time), - self-inflammatory, explosive, radiating fissile, corroding, inflammable substances or any other chemical that has unpleasant smell and/or may cause other damage to persons and the environment, furthermore any other material that may cause fire, explosion or other damage, - creatures, valuables, equipment, perishable goods requiring continuous maintenance, preservation, - equipment monitoring “intercepting”, disturbing the electronic system operating at the Bank, harmful substances, equipment or any equipment or object, which endangers the security and safety of the building of the Bank or the staff of the Bank, - chemicals, drugs, - object, the possession of which is punished, prohibited or restricted by the law, - guns, arms or accessories of thereof (even in possession of a valid firearm licence), - object, which may cause the demagnetisation of valuables placed in (other) safe deposit box.

30. Use of the Safe Deposit Box Rental Service

30.1. Right of Disposal over the Safe Deposit Box

30.1.1. The Customer is not entitled to transfer the rental right to the safe deposit box or to

sub-rent the safe deposit box.

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30.1.2. The Customer may act in relation to the safe deposit box in person or by way of an

authorised representative.

30.1.3. The Customer may appoint an authorised representative on a form provided by the

Bank or in a notarial deed.

30.1.4. Authority may be given for a single occasion or on a permanent basis.

30.1.5 (Section 30.1.5 has been deleted)

30.1.6. The authorised representative has an unlimited right of disposal in respect of the use

and opening of the safe deposit box. The Customer is liable for any damage or loss arising in

the course of exercising this right.

30.1.7. The authorised representative may not transfer his/her right of disposal to any other

person.

30.1.8. The Customer is obliged to notify the Bank of any change to the authorised

representative or the withdrawal of the authorisation in the form and manner provided for in

Section 30.1.3.

30.1.9. Until the Customer gives notification of a change, the Bank deems the person(s)

authorised earlier as the persons authorised to dispose over the safe deposit box. The Bank

shall act in the same way in the case of an authorisation with missing elements (improper

content) and shall notify the Customer of this immediately.

30.2. The Bank’s obligations

30.2.1. The Bank is obliged to deliver the Customer the keys and, where applicable, the other

tools required for login (e.g. magnetic cards) necessary to open the safe and enable the

Customer to enter the premises where the safe is.

30.2.2. The Bank may have no knowledge of what is kept in the safe deposit box and shall be

bound by a confidentiality obligation with respect to the Customer.

30.2.3. The Bank safe-keeps the Objects put in the safe deposit box during the term of the

agreement. The Bank may not use the Objects put in the safe and cannot commit them to the

safe-keeping of a third party unless this is necessary in order to protect the Customer from any

damage.

30.3. Use of the Key and Magnetic Card

30.3.1. The Customer shall keep the pair of keys (two keys) or, where applicable, the magnetic

card delivered to it with due care. The Customer is obliged to notify the Bank of the loss of any

of the keys (or magnetic card) immediately. Any verbal notification is to be confirmed in writing.

30.3.2. If any key (magnetic card) is lost, the Customer shall pay all the costs related to the

production of a new key (magnetic card), the opening of the safe deposit box and the

installation of a new lock and the Customer is obliged to pay all these costs in advance, before

the opening of the safe deposit box. The Bank shall have all the works related to the opening

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of the safe deposit box and the installation of the new lock carried out and then the parties

shall make an itemised settlement with each other on the basis of the invoices.

30.3.3. The Customer may not make or have a copy of the keys (magnetic card) made.

30.3.4. Before entering the premises where the safe deposit box is located, the Customer is

obliged to prove his right of access. The Customer is obliged to comply with the security and

other regulations specified by the Bank while it is at the premises where the safe deposit box

is located.

30.3.5. If the rent terminates, the Customer is obliged to empty the safe deposit box and hand

it over to the Bank, returning the keys (magnetic card).

30.4. Regulations with Regard to the Use of the Safe Deposit Box

30.4.1. The Bank shall make it possible for the Customer to enter the premises of the safe

deposit box during the period specified in the relevant list of terms and conditions..

30.4.2. If the safe deposit box has a double lock, the main key operating the lock remains in

the possession of the Bank and the Customer may receive one pair of the other keys from the

Bank after the performance of the Agreement and payment of the rental fee, which is to be

documented in writing. In this case using the two types of keys together may only open the

safe deposit box.

30.4.3. After the double lock is opened, only the Customer may stay in the premises where the

safe deposit box is located. The Customer locks the safe deposit box by himself.

31. Rental fee and Payment

31.1. Rental fee

31.1.1. The Bank specifies the fees for renting of safe deposit box in the form of monthly forint

payments. The rental fee is fixed for each month provided that any month that has already

commenced is regarded as a full month.

31.1.2. The Bank is entitled to a lien over the Customer’s assets, which the Bank has in its

possession as a result of the rental, as security for the amount of the fees and the related

interests and charges, and other related costs owed to the Bank.

31.2. Rent payment

31.2.1. The Customer is obliged to pay the rent in total and in advance on the first day of the

relevant month.

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31.2.2. The Customer is obliged to pay one month’s rental fee in total if the term of the rental

is shorter than one month.

31.2.3. The Agreement enters into force on the day when the first rent is paid.

31.2.4. If the Customer falls behind with payments of the rental fee, the Bank shall be entitled

to debit the amount of the fees, the related interest and charges directly to the balance of any

account of the Customer kept with the Bank.

32. Liability and Insurance

32.1. Liability

32.1.1. The Bank shall be liable for any damage or loss in the Objects put in the safe deposit

box only if this can be attributable to the wilful or grossly negligent conduct of its employees.

32.1.2. The Bank excludes its own liability for any other damage. The Bank is in particular not

liable for the deterioration of the condition of the Objects put in the safe deposit box and any

other damage caused to the Objects when the safe deposit box is opened and any other

damage that can be perceived when the safe deposit box is opened or are caused by force

majeure circumstances or through the Customer’s own fault.

32.1.3. The Customer shall be liable for all damage or loss related to the loss, destruction and

unauthorised use of the key (or if provided, the magnetic card) and arising from the failure to

give notification without delay.

32.1.4. The Customer has full financial liability for all damage arising from the breach of the prohibitions and bans set out in the section on the scope of Objects that may be kept in the safe deposit box even if he was not aware of the dangerous nature of the Object.

32.2. Insurance

32.2.1. The Bank undertakes to take out a floating insurance policy with an insurance company

deemed reputable by the Bank (hereinafter referred to as the ‘Insurer’) up to a specified amount

stated in the relevant list of terms and conditions with respect to the assets kept in the safe

deposit box. The rental fee payable to the Bank includes the premium of this insurance policy.

32.2.2. Subject to the terms and conditions of the floating insurance policy, the Insurer

undertakes to pay indemnification for the following damage or loss: fire, explosion, storm,

floods, other damage caused by water, earthquake, landslide, lightning, burglary, robbery. The

obligation of the insurer to pay indemnification shall not exceed the value of the Objects put in

the safe deposit box that the Customer can prove in a credible manner, but only up to the limit

stated in the applicable list of terms and conditions.

32.2.3. If an event of loss falling within the scope of effect of the floating insurance policy

occurs, the Bank shall act before the insurer with the involvement of the Customer.

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33. Termination of the Agreement and the Opening of the Safe Deposit Box

33.1. Termination of the Agreement

33.1.1. Either party is entitled to terminate the Agreement made for an indefinite period of time

in writing without giving reasons upon 15 days’ notice. The Customer may not exercise this

right of termination by ordinary notice if it has any liability owed to the Bank on any grounds

under the Agreement.

33.1.2. In addition to exercising its right of termination by ordinary notice, the Customer may

terminate the Agreement with immediate effect by returning the keys (or, if provided, the

magnetic cards) of the safe deposit box at the same time.

33.1.3. In addition to exercising its right of termination by ordinary notice, the Bank may

terminate the agreement with immediate effect if the Customer breaches its obligations under

the Agreement materially or repeatedly.

33.1.4. The Bank may exercise its right to terminate the Agreement with immediate effect in

particular if the Customer breaches the provisions contained in Sections 29.4 and 30.1.1.

33.1.5. If the Customer dies, the Bank safe-keeps the Objects put in the safe deposit box upon

the same terms and conditions as set out in the Agreement. Verifying its legal capacity (final

and conclusive order on the transfer of the estate, resolution establishing legal succession or

any other document conferring authority to act etc.), the successor may give an instruction to

open the safe deposit box and may dispose of the Objects in the safe within the scope set out

in the documents submitted.

33.1.6. If the Customer fails to pay the rental fee when falling due, the Bank shall require the

Customer to pay the overdue fees within 15 (fifteen) days of the missed deadline in writing

giving a new deadline for payment. If the deadline set in the notice to that effect is not met, the

Bank shall send the Customer another notice setting another deadline for payment, reminding

the Customer of the consequences of the termination of the agreement with immediate effect.

33.1.7. If the deadline in the repeated notice is not met, the Bank may terminate the agreement

in writing with immediate effect and then the Bank is entitled to open the safe deposit box in

the presence of a panel set up specifically for this purpose.

33.1.8. The Customer or its legal successor is obliged to pay all costs associated with the

opening of the safe deposit box and the installation of a new lock.

33.2. Proceedings Related to the Opening of the Safe Deposit Box in the Absence of the Customer

33.2.1. In the cases defined in Section 33.1.8 the Bank shall open the safe deposit box by

using a panel made up of three of its employees specifically for this purpose and shall take

minutes about the opening.

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33.2.2. If the Bank suspects with good reason that the prohibitions and bans set out in Sections

29.4 and 30.1.1 have been violated, the Bank may check the contents of the safe deposit box.

In order to carry this out the Bank shall require the Customer to co-operate in the joint opening

of the safe deposit box, setting a deadline for this event.

33.2.3. If the Customer is not present in person or by proxy at the time indicated by the Bank,

the Bank shall be entitled to have the safe deposit box opened by a panel made up of three of

its employees specifically for this purpose.

33.2.4. Minutes shall be taken on the opening of the safe deposit box.

33.2.5. If in the course of opening the safe deposit box it can be established that it contains

any of the Objects listed above, the Bank shall notify the competent authority which is

authorised to act immediately and shall hand over the object to them. The Bank shall notify the

Customer of the foregoing in writing, at the time of taking the measure.

33.2.6. If the law does not prohibit, ban or restrict the possession of the Object(s) found in the

safe, the Bank shall put it/them in safe-deposit and shall keep it/them there for one year after

the opening of the safe deposit box.

33.2.7. After the above period of one year expires unsuccessfully, the Bank may sell the object

taking into consideration that the Bank is entitled to a statutory lien (Article 6:363 of the Civil

Code as security for its claim for rents and costs. The Bank may enforce its pledge without

judicial enforcement. The Bank may give a private individual or a legal entity engaged in a

business-like manner in the organisation of auctions instructions to sell the object.

33.2.8. The Bank shall cover its costs incurred from the proceeds of the sale. The Bank shall

put the amount remaining after discharging the debt into a non-interest-bearing so-called

suspense account, opened in the name of the Customer and shall notify the Customer of this

fact in writing.

33.2.9. Even in the case of the proceedings described in this Section 33, the Bank is entitled

to enforce through the courts its claim against the Customer not covered by the proceeds

received in the proceedings related to the sale of the object.

33.2.10. After the opening of the safe deposit box, the Bank shall charge a safe-keeping fee

for “other deposit” specified in the List of Terms and Conditions for other deposits for the term

of such safe-keeping.

33.2.11. After the opening of the safe deposit box, the Bank is released from the special terms

of confidentiality undertaken by it as provided for in this Chapter and is thereafter bound by the

general obligations applicable to information qualifying as bank secret.

VIII. CLOSING PROVISIONS

34. Governing Law and Dispute Resolution

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34.1. Unless otherwise provided for, the relationship between the Customer and the Bank is

governed by the Hungarian substantive and procedural law.

34.2. The Customer and anyone who has an objection to the Bank’s activity, conduct or

omission related to any of its services may protest in a verbal form (in person or by telephone)

or in writing (in a document handed over to the Bank, served by post, fax or in an electronic

message). The complaints related to the services not deemed cash transaction services thus

received shall be examined, judged and answered within 30 days. The Bank shall provide

detailed information about the order of handling of complaints.

Complaints related to cash transaction services shall be examined and answered by the Bank

within 15 business days. If every element of the complaint cannot be answered within 15

business days due to reasons not attributable to the service provider, the Bank shall notify the

Customer of this fact as well as of the reasons of the delay of the effective answer and the

final deadline of the answer. The deadline of sending the final answer cannot exceed the 35th

business day following the filing of the complaint.

The Bank shall provide detailed information about the order of complaint management.

34.3. If a private person consumer who has lodged a complaint finds the Bank’s answer

unsatisfactory to settle his complaint, the following bodies are available for remedy:

- in any legal dispute, especially connected to the conclusion, effect, legal effects and

termination of the contract, as well as to the breach of contract and the legal effects

thereof (legal dispute with a financial consumer), the Consumer may turn to the

Financial Arbitration Board operated by the Supervisory Authority (1013 Budapest,

Krisztina krt. 39, Postal address: H-1525 Budapest BKKP P.O.B 172, phone: 06-80-

203-776, e-mail: ugyfelszolgalat@NBH.hu) in a manner regulated in Chapter VIII of

Act CXXXIX of 2013 on Magyar Nemzeti Bank (the National Bank of Hungary), as well

as to a court having authority and jurisdiction;

- pursuant to Article 81 of Act CXXXIX of 2013 on Magyar Nemzeti Bank (the National

Bank of Hungary), if the provisions on consumer protection have been violated, the

Consumer may turn to Magyar Nemzeti Bank (1013 Budapest, Krisztina krt. 39, Postal

address: 1534 Budapest BKKP P.O.B 777, phone: 06-80-203-776, e-mail:

ugyfelszolgalat@NBH.hu), in order to propose a consumer protection procedure;

- in any dispute, especially those related to the establishment of contractual relations

and the validity and legal effects of a contract, the competent court having jurisdiction;

- in the case of infringement of rights concerning general consumer protection also

affecting market competition in effect (violation of the prohibition of unfair commercial

practices), the Competition Authority;

- and action may be started at the competent court having jurisdiction.

34.4. If a private person finds the Bank’s complaint handling unsatisfactory, he may seek

remedy in the following ways: in any dispute, especially those related to the establishment of

contractual relations, the validity, legal effects and termination of a contract as well as to the

violation of contractual provisions, he may seek remedy from the competent court having

jurisdiction.

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34.5. In order to provide for the simple, fast and cost-efficient enforcement of consumer rights,

the Bank submits, voluntarily and in a general manner (up to the value of HUF 3 million per

transaction and HUF 1 million insurance value), to the decision of the award adopted by the

Financial Arbitration Board competent in any financial consumer dispute. The Bank’s standard

statement of submission made on December 1, 2011 is valid until revocation. Pursuant the

provisions of Section 103(1) of Act CXXXIX of 2013 on the National Bank of Hungary the Bank

is entitled to unilaterally revoke the standard statement of submission at any time without any

justification.

35. Operating licence

The Bank operates pursuant to the licence issued on 26 November 1997 under number

975/1997 by the State Financial and Capital Market Supervisory Authority (its legal successor:

Magyar Nemzeti Bank).

Company name: MKB Bank Plc.

Registered seat: 1056 Budapest, Váci u. 38.

Company register number: Cg.01-10-040952

E-mail address: telebankar@mkb.hu

Name and registered office of the supervisory authority of the Bank: National Bank of

Hungary, 1054 Budapest, Szabadság tér 9

36. Entry into force

These Business Rules enter into force on 2 March 2020.

At the same time, the Business Rules of the Bank on Bank Account Management, Deposit

Services and Related Services which entered into force on 14 September 2019 shall be

repealed.

MKB BANK PLC.

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Appendix 1

MKB Bank Business Rules for Bank Account Management, Deposit Services and Related Services

1. In terms of contracts concluded with the Consumer Customers not specified in Section 1.3.3. and in terms of Non-Consumer Customers the Bank shall be entitled to the unilateral amendment of interest adversely for the Customers for the following reasons added to those listed in Section 1.3.4:

1.1. Changes in the legal and regulatory environment

a) changes in the legal regulations, decrees of the NBH or other binding rules pertaining to the activities or operating conditions of the creditor and closely and directly associated with the legal relationships covered by the credit and finance lease agreements;

b) changes in the public dues (e.g. tax) related to the creditor’s activities and closely and directly associated with the legal terms stipulated in the credit or finance lease agreements, and changes in the minimum reserve requirements;

c) change in the amount or fee of the mandatory deposit insurance.

1.2. Changes in the money market conditions and the macro-economic environment

Changes in the creditor’s refinancing costs / changes in the opportunities to raise funds on

the money market, thus especially, but not limited to, changes in the following factors:

the credit rating of Hungary,

the sovereign risk premium (credit default swap);

the central bank prime rate, central bank repo and deposit interest rates;

the interbank money market interest rates/credit interests;

shift of the yield curve of bonds issued by the Hungarian State or by the creditor and SWAP yield curve relative to each other;

the yield of publicly issued securities ensuring refinancing or the risk rating of the issuer of the securities by a recognised independent credit rating agency, or the costs associated with such rating;

the interest on the creditor’s term customer deposits.

1.3. Changes in the customer’s risk rating

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a) Reclassification of the Customer or the credit transaction into another risk category based on the creditor’s asset rating regulations or internal debtor rating regulations, prepared in accordance with the applicable legal regulations, with special regard to changes in the Customer’s financial standing and solvency stability, if the reclassification into the new risk category results in a need for modifying the impairment ratio, and also the applied risk premium.

b) Changes in the risks of credit transactions and customers falling within the same risk category based on the creditor’s asset rating regulations or internal debtor rating regulations, prepared in compliance with the applicable legal regulations, if the changes of the risks result in a need for changing the impairment ratio and also the applied risk premium in the specific risk category.

c) At least 10% change in the value of the real property collateral securing the granted loan or facility.

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Appendix 2

MKB Bank Plc. Business Rules for Bank Account Management, Deposit Services and Related Services

In terms of contracts concluded with the Consumer Customers not specified in Section 1.3.3. and in terms of Non-Consumer Customers the Bank shall be entitled to the unilateral amendment of commissions, expenses and fees adversely for the Customers for the following reasons added to those listed in Section 1.3.4:

1. For reasons defined in Annex 1 to MKB Bank’s Business Rules for Bank Account Management, Deposit Services and Related Services;

2. With respect to the following conditions:

a) amendments to agreements entered into by the Bank with third parties (e.g. Giro Zrt., FHB, the Hungarian State Treasury, the State Printing House, etc.) and affecting the loan agreement, with particular regard to changes to the fees or costs of services required for the operation of the Bank;

b) increase of costs for the operation of the domestic or international payment system; c) increase of costs related to the performance of the Bank’s notification obligations; d) increase of costs related to outsourced activities (e.g. mailing services, generation of

bank cards and operation of ATMs).

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Appendix 3

MKB Bank Plc. Business Rules for Bank Account Management, Deposit Services and Related Services

The Bank shall only modify the agreement concluded with the Customer on the use of payment

services and safe deposit box rental services unilaterally in the event of occurrence of the

following events and such modification shall always be made in the same direction as the effect

of the given event on the Bank or the service, and shall always be proportionate thereto:

1. Changes in the legal and regulatory environment

a) changes in the legal regulations, decrees of the NBH or other binding rules pertaining to the activities or operating conditions of the Bank and closely and directly associated with the legal relationships covered by the agreements on payment services and safe deposit box rental services;

b) changes in the public dues (e.g. tax) related to or imposed on, the Bank’s activities and closely and directly associated with the legal relationships covered by the agreements on payment services and safe deposit box rental services, and changes in the minimum reserve requirements;

c) change in the amount or fee of the mandatory deposit insurance.

2. Changes in the money market conditions and the macro-economic environment

The central bank prime rate, central bank repo and deposit interest rates or some other prime rates applicable based on the given currency.

3. Change in the Bank’s operating costs related to the provision of the service

a) change in the consumer price index published by KSH (Central Statistical Office); b) change in the costs of operation of the domestic or international payment system;

c) change in the costs related to the fulfilment of the notification obligation undertaken by the Bank under the agreement or prescribed by law or by the regulatory authorities;

d) change in the costs related to outsourced activities that are listed in the Business Rules.