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| Terms and Conditions
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| BPI EXPRESS CREDIT'S TERMS AND CONDITIONS
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| 1.
| THE BPI EXPRESS CREDIT CARD ("CARD")
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| The CARD is the sole property of the Bank of the Philippine Islands (BPI). It is non-transferable. The privileges of the CARD may be terminated by BPI at any time and for whatever reason or cause without need of prior notice to Cardholder and the Cardholder agrees to surrender his/her CARD upon demand to any authorized BPI representative. The Cardholder agrees to hold BPI free and harmless from any claim for damages arising from such termination. Continued use of the CARD after receipt of the written notice of termination shall be deemed fraudulent and will subject the Cardholder to appropriate legal proceedings. Delivery of the said written notice at the Cardholder's latest reported mailing address shall be considered sufficient receipt of the notice of termination.
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| The term "Cardholder" shall refer to the person to whom or for whose use a CARD is issued by BPI. It shall likewise include the person to whom a supplementary credit card is issued upon the application of the Cardholder.
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| 2.
| RESPONSIBILITY OF THE CARDHOLDER
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| The Cardholder and his/her supplementary and/or surety(ies) shall be jointly and severally liable for all purchases and cash advances made through the use of the CARD, including all interests, penalties, fees and all other charges without the necessity of proof of signed charge slips. If the Cardholder uses the cash advance features at any BPI Automated Teller Machine (ATM)/ and/or authorized network, he/she hereby agrees to accept and pay for all cash advances including the corresponding interests, penalties, fees and other charges without the necessity of proof or ATM withdrawal/transaction record. The Cardholder agrees that all purchases and cash advances shall be conclusively presumed to have been personally made or authorized by the Cardholder.
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| 3.
| ANNUAL FEES
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| The Cardholder shall pay to BPI an annual membership fee, in such amounts as may be fixed by BPI, to entitle him/her to the privileges of membership and the use of the CARD. Upon suspension or cancellation of the CARD privileges, all fees paid become non-reimbursable.
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| 4.
| EXPIRY, RENEWAL AND REINSTATEMENT OF THE CARD
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| Unless earlier terminated by BPI, voluntarily cancelled or returned by the Cardholder, the CARD shall be valid from the day of issuance or renewal and expires on the last day of the month indicated on the face of the CARD. Renewal of the CARD shall be at the option of BPI. BPI shall likewise have the option of reinstating Cardholder's privileges which have been terminated for any reason whatsoever upon payment of an additional processing fee equivalent to the annual fee.
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| 5.
| ACCREDITED ESTABLISHMENT
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| BPI has contracted with establishments to honor the CARD for purchases of food, goods, merchandise and services. Likewise, BPI has entered into an agreement with MasterCard where the CARD issued bearing the MasterCard label shall be honored at all MasterCard accredited establishments worldwide. However, BPI shall not be responsible/liable to the Cardholder, if, for any reason(s), the CARD is not honored by the accredited establishments or MasterCard. The Cardholder agrees to hold BPI, its directors, officers, employees and representatives free and harmless from any and all claims for damages resulting from the failure of any accredited establishment or MasterCard to honor the CARD. Cardholder's liability to BPI is absolute. The existence of any claim or dispute between Cardholder and any accredited establishment shall not affect Cardholder's obligation to pay the purchases, availments and cash advances together with all interests, penalties, fees and other charges incurred thereon, if any, arising from the Cardholder's use of the CARD (the "Total Outstanding Balance" or "TOB"). In cases of return of goods, tickets and services obtained through the use of the CARD where the merchant permits such return, the Cardholder agrees that (i) the refund shall not be in cash; and (ii) BPI shall credit the Cardholder's account for the refund.
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| 6.
| LOSS OF THE CARD
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| In case of loss or theft of the CARD, Cardholder should immediately report such fact to BPI by calling BPI Express Phone (89-100),or if abroad, by calling our toll free numbers listed in BPI Express Online, giving details of the place, date, time and circumstances of the incident and the last purchase(s) made prior to the loss or theft of the CARD. Availments/transactions made and all interests, penalties, fees and other charges incurred arising from the use of the lost/stolen CARD shall be for the exclusive account of the Cardholder. After BPI is notified of such loss or theft, the Cardholder shall have no financial liability for purchases, availments and cash advances, including interests, penalties, fees or other charges which were not made or incurred by the Cardholder himself/herself or without the Cardholder's knowledge. Should the Cardholder fail to report immediately the loss or theft of the CARD to BPI from the date of loss or theft, and to state the required information as to place, date and last purchase, availments and cash advances made, said failure shall be deemed proof that the Cardholder fraudulently made use of the CARD, and BPI or its member establishments shall be free and harmless from any and all claims for damages. A reasonable fee shall be charged by BPI for replacement of the lost or stolen CARD.
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| 7.
| CREDIT LIMIT
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| Upon acceptance of Cardholder's application, BPI, at its sole discretion, shall grant a credit limit to the Cardholder expressed in local currency (Philippine Pesos) which consists of either one or both of two forms, namely: (a) the Regular Credit Limit and (b) the Special Installment Plan (SIP) Limit, the aggregate of which represents the maximum outstanding balance that a Cardholder and his/her supplementary cardholders are allowed to share at any given time subject to the security requirements and credit card management requisites which may reasonably be imposed by BPI from time to time ( the "Credit Limit" ). In no event shall the Cardholder and his/her supplementary exceed the Credit Limit. BPI reserves the right, at its sole and absolute discretion, to decline any such transaction(s), suspend and/or terminate the credit card privileges of the Cardholder and his/her supplementary without prior notice in case the said Credit Limit shall be exceeded. In such an event, the Cardholder agrees to pay in full the TOB, which shall immediately become due and payable, without the necessity of notice and demand, all of which are waived by the Cardholder and his/her supplementary. The Credit Limit is made available to the Cardholder on the business day following any payment while that of the supplementary cardholder shall become available only after the next cycle date.
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| 8.
| PAYMENT OF CHARGES
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| BPI shall furnish the Cardholder a monthly Statement of Account (SOA) and the Cardholder agrees to pay the TOB or the "Minimum Payment Required" as stated in the SOA on or before the last day for payment indicated in the said SOA (the "Payment Due Date"). Such Payment Due Date may be changed to an earlier date if the Cardholder's account is considered overdue and/or with balances in excess of the Credit Limit, or to such other date as may be deemed proper by BPI with notice to the Cardholder on the same monthly SOA. If the Payment Due Date falls on a Saturday, Sunday or Holiday, the payment shall be due on the immediately preceding business day prior to the Payment Due Date. However, notwithstanding the absence or lack of proof of service of the SOA of the Cardholder, the latter agrees to pay any and all purchases, availments and cash advances made through the CARD within thirty (30) calendar days from date(s) thereof. Failure of the Cardholder to pay the TOB or the "Minimum Payment Required"on the relevant Payment Due Date stated in the SOA or within thirty (30) calendar days from actual date(s) of purchases, availments and/or cash advances, whichever occurs earlier and/or any other obligation, (including interests, charges, taxes, such as but not limited to Value Added Tax (VAT) and other disbursements allowed by law) which the Cardholder may now or hereafter owe to BPI or to any member of the BPI Unibank or to any of their subsidiaries and affiliates such as but not limited to BPI Family Bank (BPIFB), BPI Capital Corp., BPI Leasing Corp., BPI Securities Corp.,and BPI Direct, whether singly or joinly with another, or as principal or as surety/guarantor, shall render Cardholder in default without necessity of demand from BPI, which the Cardholder expressly waives. The TOB remaining unpaid after the Payment Due Date indicated on the monthly SOA shall bear finance charges and additional interest and penalty fees based on the amount due for every month or a fraction of a month's delay. The rate of interest and/or penalty rate stipulated may be increased, decreased or otherwise changed from time to time by BPI in the event of changes in the interest rates prescribed by the Bangko Sentral ng Pilipinas (BSP) or in the international capital markets, in the rediscount rate of member banks with the BSP, in the interest rates on savings or time deposits or on bank's borrowings, or there is a sudden change in the market rates for whatever reasons; or any law, circular, rule or regulation is enacted/issued or any circumstances has occurred which has the effect of increasing or decreasing BPI's/bank's costs of funds or intermediation costs, such as but not limited to reserve requirements, taxes, salaries or charges. The Cardholder authorizes BPI to increase or charge additional service fees as may be deemed necessary to maintain the service to the Cardholder. The upward or downward adjustment of the interest, penalty rate and/or service fees shall be binding on the Cardholder on the date/s of effectivity as indicated in the written notice (in the monthly SOA or thru a separate notice) from BPI. Any CARD with TOB or such amounts due and payable thereunder that are unpaid after thirty (30) calendar days from original billing statement date shall automatically be suspended, and those with accounts unpaid after ninety (90) calendar days from original billing statement date shall automatically be cancelled, without prejudice to BPI's right to suspend or cancel the CARD any time and for whatever reason. In case of default in his/her obligation as provided herein, Cardholder shall surrender his/her CARD to BPI and shall, in addition to the interest and penalty charges aforementioned, pay the following: (a) Attorney's fees of twenty five percent (25%) of the amount due if the account is referred to a collection agency or attorney; (b) A service fee for every dishonored check issued by the Cardholder in payment of his/her account, without prejudice, however, to BPI's right of considering Cardholder's obligation unpaid (costs for demanding payment or advising cancellation of membership shall also be for the Cardholder's account); and (c) Liquidated damages equivalent to twenty five percent (25%) of the unpaid amount, exclusive of litigation expenses and judicial costs, if the payment of the account is enforced through court action. Venue of all suits directly or indirectly arising from the relationship between the parties herein, shall be in the proper courts of the City of Makati or in other courts at the option of BPI.
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| Overpayments by Cardholder shall not earn interest and shall be applied to pay the succeeding TOB or "Minimum Payment Required". In case of terminated or cancelled Card accounts and an overpayment is unclaimed for more than one (1) month from the date of termination or cancellation, a monthly Account Maintenance Fee of Php50.00 or an amount equivalent to the overpayment whichever is lower, shall be charged on the account until the Card balance is zeroed out.
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| 9.
| INTEREST CHARGES
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| - Interest charges on regular purchases is computed by multiplying the applicable finance charge rate depending on the card type with the average daily balance (ADB).
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| The ADB is determined as follows:
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| a.
| Multiply the previous statement balance with the number of days that the amount is outstanding or unchanged.
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| b.
| Whenever there is payment, deduct the payment from the statement balance and multiply with the number of days from the payment date until the next payment date or statement date.
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| c.
| Sum up the balances computed and divided with the number of days from the previous to the current statement to arrive at the ADB.
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| Interest charges on Special Installment Plan (SIP) is computed by multiplying the total amount availed by the applicable interest rate, depending on the term. Monthly payment shall first be applied to interest then to the principal using the diminishing balance method. The applicable finance charge rates are subject to change by BPI from time to time with notice to the Cardholder.
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| 10.
| ERROR OR QUESTIONS ABOUT YOUR BILL /SOA
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| BPI shall be notified immediately through BPI Express Phone (89-100) or if abroad, through our toll free numbers listed in BPI ExpressOnline, and in writing of any billing error in the SOA. If no error is reported within twenty (20) calendar days from statement date indicated in the SOA, the SOA shall be considered correct and binding upon the Cardholder and his/her supplementary. The Cardholder and his/her supplementary shall then recognize and admit the integrity of the SOA as an electronic document pursuant to the provisions of the Electronic Commerce Act and agree to pay the amount thereon on Payment Due Date without need for presentation of the signed charge slips.
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| 11.
| DEPOSIT/PLACEMENT ACCOUNT
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| Unless otherwise agreed, the Cardholder agrees to maintain a current or savings deposit/ placement account(s) with BPI or BPIFB or any of their subsidiaries or affiliates (collectively, the "Bank"). Should the Cardholder fail to pay his/her TOB or any amounts due and payable under the CARD on the Payment Due Date, the amount thereof shall be debited from his/her deposit/placement account(s), without the necessity of a notice from BPI, or such amount as may be sufficient to be applied as payment of his/her TOB or any amounts due upon presentation of his/her SOA to said Bank by BPI. It is agreed that this Agreement shall serve as a written authority for the Bank to debit, without notice, such TOB or any amounts due from Cardholder's deposit account(s) for the purpose aforementioned. BPI and the Bank, their directors, officers, employees and representatives shall not be held accountable for any liabilities, charges, costs and expenses arising from any resulting returned/ dishonored check drawn against Cardholder's deposit/placement/account with the Bank or for any penalties and fees that may be imposed as a consequence of the foregoing. Should his/her TOB or any amounts due under the CARD exceed the amount debited from Cardholder's deposit/account with the Bank, such excess shall immediately become due and payable and the Cardholder shall be considered in default of his/her obligations to pay the same.
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| 12.
| RIGHT OF SET OFF
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| Effective upon his/her failure to pay his/her obligation arising from the use of the CARD, the Cardholder and/or his/her supplementary does hereby assign and transfer to BPI, without need of demand, and by these presents have assigned and transferred to BPI, any monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any member of the BPI Unibank or any of their subsidiaries or affiliates, on deposit or collateral or otherwise to the credit of and belonging to the Cardholder and/or his/her supplementary. For this purpose, the Cardholder and/or his/her supplementary do hereby consent, authorize, appoint and irrevocably constitute, and by these presents have appointed and constituted BPI or any BPI Unibank member, or any of its subsidiaries or affiliates, as ATTORNEY-IN-FACT with full power and authority to inquire about, to assert their lien or legal claim on such monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any BPI Unibank member, or any of its subsidiaries or affiliates, to sell at public or private sale and to apply the same, in whole or in part, to such obligations. In the absence of such monies, securities, properties (real or personal) or things of value or if the Cardholder's TOB exceeds the proceeds of the sale, the Cardholder and/or his/her supplementary hereby agree to assign and deliver any deposit or funds the Cardholder and/or his/her supplementary may have with any other bank or financial institution to the extent of said Cardholder's and/or his/her supplementary's obligations to BPI. For this purpose, the Cardholder and/or his/her supplementary do hereby consent and authorize said bank or financial institution to disclose to BPI or its duly authorized representative regarding any information relative to any deposit/placement the Cardholder and/or his/her supplementary may have with any such bank or financial institution.
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| 13.
| SUPPLEMENTARY CARDS
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| The Cardholder may apply for supplementary CARD(s) which BPI may approve on a case to case basis. The use of the CARD as well as the supplementary CARD(s), shall be governed by this Agreement and secured by the Suretyship undertaking hereto. Any reference to the CARD issued to Cardholder shall also apply to supplementary CARD(s) and/or their renewals. Should supplementary CARD(s) be issued to the Cardholder's appointed supplementary, the Cardholder or the supplementary shall be responsible for all the TOB, if any, made or incurred through the CARD and the supplementary CARD(s). In the event of separation, legal or otherwise, the Cardholder shall continue to be responsible for all such amounts incurred through the use of the supplementary CARD(s) unless Cardholder requests in writing that the privileges of such supplementary under this Agreement be terminated, provided all the TOB incurred shall have been fully paid and satisfied at the time of said request. In case of death of the Cardholder, the supplementary shall be jointly and severally liable to settle the TOB incurred.
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| 14.
| DELINQUENCY
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| The Cardholder is liable for all charges, fees and other obligations incurred through the use of the CARD and all supplementary CARD(s) and in the event of any future delinquency, the Cardholder authorizes BPI to report and/or include the names of the Cardholder as well as the supplementary in negative listings of any credit bureau or institution.
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| 15.
| COMPANY ACCOUNTS
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| A company which applied for a corporate credit CARD for use of its employees shall furnish BPI the following documents: (a) Company Enrollment Form; (b) Secretary's Certification to a Board Resolution (notarized): authorizing the opening of the Corporate Card Account with BPI, and designating the authorized signatories thereto; (c) Corporate Undertaking; and when applicable, (d) Deed of Assignment over a deposit account with BPI (i.e. Time Deposit, Gold Savings).
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| 16.
| SOLIDARY LIABILITY
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| The Cardholder's spouse shall be jointly and severally liable for all the availments, advances and charges made by the Cardholder using the CARD.
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| 17.
| SURETY
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| The Cardholder's spouse who is a supplementary cardholder shall automatically become a surety who shall be jointly and severally liable with the Cardholder herein and in all renewals hereof. Notwithstanding the foregoing and at BPI's request, the Cardholder shall furnish surety(ies) acceptable to BPI who shall be jointly and severally liable with the Cardholder and/or the Cardholder's supplementary to pay BPI all the obligations and charges herein and in all renewals hereof, incurred through the CARD and the supplementary CARD(s). In the event the surety(ies) furnished by the Cardholder are discharged, if required, the Cardholder must furnish new surety(ies) acceptable to BPI within thirty (30) calendar days from discharge. Failure to do so shall constitute prima facie evidence of intent to defraud on the part of Cardholder and the Cardholder's privileges shall be automatically terminated. It is agreed that the surety(ies) can be discharged by BPI only when all TOB have been fully paid.
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| 18.
| TERMINATION BY BPI
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| In the event the Cardholder (i) fails to comply with any of the terms and conditions governing the use of the Card, or (ii) fails to observe any of the terms and conditions of any loan document or agreement which the Cardholder executed in connection with any loan and/or credit facilities granted by BPI or any member of the BPI Unibank or any of its subsidiaries or affiliates, or (iii) in case the Credit Limit shall be exceeded, or (iv) for any reason, the Cardholder fails to renew the CARD, or (v) the CARD is not renewed by BPI, or (vi) Cardholder dies or is separated from employment, or (vii) in the event of Cardholder's bankruptcy, insolvency, receivership, levy on execution, garnishment or attachment, or (viii) in case of conviction for a criminal offense with final judgment carrying with it the new penalty of civil interdiction, or (ix) in any of the cases covered by Article 1198 of the New Civil Code (however evidenced), or (x) in case the Cardholder is charged with, convicted of or under investigation by competent government authority for violation of Republic Act 8484 otherwise known as the "Access Devices Regulation Act of 1998", the right to use the CARD as well as supplementary CARD(s) shall forthwith terminate and the aggregate unpaid TOB of the Cardholder and his/her supplementary for which Cardholder is liable shall immediately become due and demandable, without the necessity of demand, which Cardholder waives.
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| 19.
| CANCELLATION/TERMINATION BY CARDHOLDER
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| Cancellation of the CARD must be done in writing subject to the immediate payment or settlement of the TOB. Moreover, cancellation of supplementary CARD(s) will require surrender of said CARD(s).
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| 20.
| CHANGE OF CONTACT DETAILS
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| Cardholder shall notify BPI immediately in writing of any change in his/her residence, office and/or mailing address and/or telephone numbers. The monthly SOA and renewal/replacement cards plus other correspondences shall be mailed/delivered by BPI at the latest reported mailing address of the Cardholder and delivery of the same at the Cardholder's latest reported mailing address shall be effective and conclusively deemed to be sufficient receipt of said notices.
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| 21.
| CHANGE OF STATUS
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| BPI shall be notified in writing of any change in civil status of the Cardholder.
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| 22.
| LIMITATION OF LIABILITY
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| In the event of any action which the Cardholder may file against BPI for any cause whatsoever, Cardholder agrees that BPI's liability, if any, shall not exceed the amount of Pesos: Three Thousand (P3,000.00) or the damages actually proven to have been suffered by the Cardholder, whichever is lesser.
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| 23.
| AMENDMENTS
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| BPI may, at any time and for whatever reason it may deem proper, amend, revise or modify this Agreement, including the Cardholder's Credit Limit and any such amendment shall bind the Cardholder upon notice (personal, by publication or otherwise) or on the date of effectivity as specified in the notice, whichever is earlier, unless the Cardholder objects thereto, by manifesting his/her intention to terminate his/her membership in writing and surrendering his/her CARD within fifteen (15) calendar days from notice of amendment. Failure to notify BPI of Cardholder's intention to terminate his/her membership shall be construed as acceptance by the Cardholder of the amendments to this Agreement.
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| 24.
| SEPARABILITY CLAUSE
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| The enforceability and validity of this Agreement, in whole or in part, shall not be affected by the unenforceability or invalidity, whether temporary or permanent, of any particular provision hereof because of restrictive laws, regulations, or judicial or administrative determinations obtained during any period hereof or for any other cause.
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| 25.
| NON-WAIVER OF RIGHTS
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| No failure or delay on the part of BPI in exercising any right or power hereunder shall operate as a waiver thereof nor shall any partial or single exercise of any such right or power preclude any other right or power thereunder. No waiver by BPI of any of its rights or powers herein shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative(s).
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| 26.
| ASSIGNMENT/TRANSFER OF RIGHTS
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| All rights and interests of BPI under this Agreement may be assigned or transferred by BPI without the consent of the Cardholder, his/her supplementary or surety(ies), if any.
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| 27.
| DISCLOSURE
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| The Cardholder hereby consents to the disclosure of information on his/her account on the CARD to any third party and hold BPI free and harmless from any liability that may arise from such disclosure.
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| 28.
| SUBMISSISON OF INCOME DOCUMENTS
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| In connection with BSP Circulars 472 and 549, the Cardholder hereby agrees to submit his / her Income Tax Return (ITR) and / or financial statements (FS) or Employer's Certificate of Compensation Payment / Tax Witheld (BIR Form 2316) and other documents (the "Income Documents") . Further, the Cardholder shall provide his / her TIN upon request of BPI. The Cardholder hereby authorizes BPI to conduct verification with the BIR or his / her employer to authenticate his / her Income Documents or to obtain copies of said documents from the BIR or his / her employer. The Cardholder, likewise hereby authorizes the BIR or his / her employer to disclose any information relevant to said verification and to give copies of his / her Income Documents to BPI. The Cardholder hereby waives any rights on the confidentiality of Cardholder information.
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| 29.
| FOREIGN CURRENCY CHARGES
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| All charges incurred through the use of the CARD shall be billed and be payable in Philippine currency.
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| 30.
| COMPLIANCE
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| The Cardholder agrees to fully comply and abide by (i) the terms and conditions governing the use of the card, (ii) laws, statutes and regulations and BSP Circulars relevant to credit cards and credit accommodations and (iii) the provisions of Republic Act 8484 governing the use of the credit card and other access devices in commercial transactions.
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| 31.
| OTHER TERMS AND CONDITIONS
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| The terms and conditions, reminders and other provisions contained in the Card, the SOA, Installment Plan Contract, charge slips, Suretyship Agreements, Card carrier and such other card documents, related instruments or documents are made integral parts hereof by reference and shall likewise be resorted to in instances where they are applicable. It is agreed that the terms and conditions herein, as well as the aforementioned terms and conditions, including reminders, rules and regulations promulgated by BPI from time to time (the "Other Terms and Conditions") shall govern the use of the CARD and the supplementary CARD(s) issued hereunder.
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| Any alterations, amendments, exceptions, reservations or scribblings herein made by the Cardholder or in the Other Terms and Conditions, not duly approved in accordance with BPI's appropriate procedures, shall not be valid and binding upon BPI.
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