TERMS AND CONDITIONS GOVERNING THE ISSUANCE AND USE OF BANK OF COMMERCE CREDIT CARD The Cardholder; by signing the application and the card, and/or using the BANK OF COMMERCE Credit Card, the Cardholder will be deemed to have received, read and agreed to these Terms and Conditions governing the issuance and use of the Credit Card as well as any amendments or any renewal thereof. Cardholder – refers to both Principal and Supplementary Card to whom the Card is issued. The Card – refers to all BANK OF COMMERCE Credit Cards, including Supplementary Card/s issued by the Bank. The Card shall remain valid until the last day of the month shown on the Credit Card, unless otherwise suspended or terminated. Delivery – The Bank’s official courier is authorized to deliver the Card to the Cardholder or in his/her absence any member of the household, representative or third party allowed by the Bank under its existing delivery policy. The Bank shall be held free and harmless from any claim, loss or liability whatsoever arising from the delivery of the Card to authorized representatives. Activation – Activation of the Card is subject to Bank’s policies and procedures. The Bank reserves the right to decline the Cardholder’s Card activation request without any obligation to disclose the reason therefore. The Bank shall be held free and harmless for any claims arising from non-activation of the Card. Responsibility of the Cardholder – The Cardholder can use his/her Card for any permitted purpose including: Paying for goods and services, whether the Cardholder buys in person, over the phone, on the Internet or by mail order; Obtaining cash advances over the counter at any of Bank of Commerce branches, or at any banking machine (ATM) which provides this feature, following the Bank’s policies and procedures; The Cardholder may not use his/her Credit Card for any illegal, improper or unlawful purpose. The Bank also reserves the right to prevent the Cardholder’s Credit Card from being used for certain types of transactions as determined by the Bank, including transactions connected to Internet gambling. The Cardholder shall be liable to the Bank for all transactions charged to the Card as well as all transactions made by his/her Supplementary/ies, including interest, fees and other charges made in the Philippines or abroad. When the Cardholder or his/her Supplementary/ies use the Card for a transaction, the Bank is lending the Cardholder the amount of and his/her Supplementary/ies purchase or cash advance, as the case may be. The Cardholder is liable for and must repay all amounts owing on the Cardholder’s Account. The total the Cardholder owes includes all purchases, cash advances, interest and fees. All of those amounts will be shown on the Cardholder’s monthly Statement of Account. Credit Limit – It is the Bank’s discretion to determine the Cardholder’s Credit Limit including any decrease or increase. The Cardholder’s initial or current credit limit appears in the information box accompanying the Cardholder’s Credit Card. Credit Limit is the maximum amount of combined charges, which shall include purchases, cash advances, interest and fees, which can be made on the Card by the Cardholder and his/her Supplementary/ies at anytime. The charges must not exceed the credit limit; otherwise all succeeding usage will be declined or rejected. Card Payment – Card payment must be received by the Bank on or before the Payment Due Date indicated in the Statement of Account. The Cardholder may pay for the charges on the Card in cash or check directly with the Bank’s branches or other authorized payment centers on or before the Payment Due Date indicated in the Statement of Account without necessity of demand. When the Payment Due Date stated on the Statement of Account falls on a Saturday, Sunday or a Holiday, the balance will be due on the next business day. Payment by check shall be considered made after the prescribed clearing period. Total Amount Due – The Total Amount Due as shown in the monthly Statement of Account represents the sum of all transactions, charges, including interest and penalties, if any, that the Cardholder owes to the Bank. The Minimum Amount Due – Composed of (a) a percentage of the Total Amount Due, (b) any monthly installment amortization, (c) any over limit amount, (d) any past due amount or Php500 whichever is higher. The minimum amount due is the sum of (a), (b), (c) and (d) or P500, whichever is higher. The Cardholder shall have the option to pay the Total Amount Due, the Minimum Amount Due or any amount in between the Total Amount Due and Minimum Amount Due. Should the Cardholder pay less than the Total Amount Due, the Cardholder shall be charged with Finance Charge. Should the Cardholder pay less than the Minimum Amount Due, the account will be considered past due, and the applicable Late Payment Fee and Finance Charge shall be imposed. Application of Payment – Payments made to the Cardholder’s Card will be applied in the following order: Cash Advance Interest Retail Interest Cash Advance Service Charges Retail Service Charge Annual Fees Others Fees Cash Advance Balance Current Retail Balance Cash Advance – A feature of the Card by which the Cardholder can withdraw cash (over the counter or designated ATM) by using the Card and Cash Advance PIN. A Cash Advance Fee will be imposed for each Cash Advance transaction. Cash Advance may be availed up to the set limit assigned by the Bank, which is a percentage of the Card’s approved credit limit. Cash Advance amount availed will be subjected to prevailing Cash Advance Interest and related fees such as Cash Advance Fee and/or Cash Advance Service Fee. Cash Advance PIN – Upon activation of the Card, the Bank shall send a Cash Advance PIN to the Cardholder’s billing address for the use of the credit card’s Cash Advance feature. Cardholder agrees that all Cash Advances using the Card shall be conclusively presumed to have been personally made or authorized by the Cardholder. The Cardholder shall keep the Cash Advance PIN strictly confidential and shall not disclose the same to any other person. The Cardholder shall be liable for all losses that he/she may incur from use of the Cash Advance feature using the Cash Advance PIN, whether the same was with his/her knowledge, authorization or consent. Supplementary Cardholder shall also be issued a Cash Advance PIN. The Cardholder is liable for all Cash Advance transactions of the Supplementary Cardholders. Card Suspension and Blocking – The Bank shall have the right to suspend and block the Card without prior notice to the Cardholder for whatever reason, including but not limited to (1) possible fraud (2) suspicious / questionable transaction or (3) failure to pay at least the Minimum Payment Due on Payment Due Date. Lost or Stolen Credit Card – In case of loss or theft of the Card, Cardholder should immediately report the loss by calling the Customer Care Hotline at (02) 632 2265 or Domestic Toll Free numbers 1-800-10-982-6000 (PLDT) and 1-800-8-982-6000 (Globe Lines), 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. The Cardholder shall be fully liable for all transactions made prior to reporting of loss or theft of the Card to the Customer Care Hotline. Once the Cardholder has reported that the Card has been lost, stolen or misused, the Bank will block the Card to prevent unauthorized use. Fees and Charges The Cardholder agrees to pay Annual Membership fees, including other fees and charges for other facilities and services for the maintenance and administration of any balance and transaction on the Card. Prevailing Fees and Charges are available at the Bank’s website and Fees and Charges flyer enclosed in the Welcome Pack. The Bank may, from time to time, change amend, revise, modify or increase the fees and charges with prior notification to the Cardholder. Finance Charge – If Cardholder fails to pay Total Amount Due in full on or before Payment Due Date, Finance Charge will be imposed. The Finance Charge is based on Average Daily Balance (ADB) computed from transaction date for cash advance, credits/payments and retail transactions, monthly installments, fees until the next cycle cut-off. Any finance charge due but unpaid shall form part of the total outstanding balance and will continue to earn finance charges. Sample computation: Retail Transaction Principal amount: 20,000 Payment amount due: 5% of the outstanding balance or P500 whichever is higher. Payment timing: 1 day after Statement Date Principal amount 20,000 Monthly Effective Interest Rate 3.25% Month Retail Purchase Total Payment Interest O/B Principal Total Statement Balance 1 20,000.00 20,000.00 20,000.00 2 1,000.00 650.00 19,000.00 19,650.00 3 982.50 638.63 18,667.50 19,306.13 4 965.31 627.45 18,340.82 18,968.27 5 948.41 616.47 18,019.85 18,636.32 6 931.82 605.68 17,704.51 18,310.19 7 915.51 595.08 17,394.68 17,989.76 8 899.49 584.67 17,090.27 17,674.94 9 883.75 574.44 16,791.19 17,365.63 10 868.28 564.38 16,497.35 17,061.73 11 853.09 554.51 16,208.64 16,763.15 12 838.16 544.80 15,924.99 16,469.79 Assumptions: Retail purchases made on the statement cycle date No other purchases /cash advance/installment transactions made for 12 months. c. No other charges/fees incurred during the 12 months period. Annual Membership Fee – the Cardholder shall pay the Bank an annual membership fee, in such amounts as may be fixed by the Bank, to entitle the Cardholder to the privileges of membership and the use of the Card. All fees paid upon suspension or cancellations are non-reimbursable. Over limit Fee – if the Cardholder exceeds the Credit Limit by Statement Cut-off date, an over limit fee will be billed to the Cardholder’s account. Late Payment Fee – if the Cardholder fails to pay at least the Minimum Amount Due on or before the Payment Due Date, the Bank will impose a fee equivalent to a percentage of the Minimum Amount Due. The late payment fee is a percentage of the Minimum Amount Due. Cash Advance Service Fee – a service fee will be charged for every cash advance transaction made through ATM (Automated Teller Machine) or over-the-counter. Cash Advance Interest – interest charge will be imposed for every cash advance availed from the Card. Interest charge will be computed from the date of transaction until full settlement of the cash advance amount. Installment Interest – these are charges made on installment payment transactions. The Bank shall determine the rates and available monthly terms thereof. Installment Acceleration Fee – these are charges upon pre-termination of any installment transactions. Foreign Currency Conversion Fee – assessment fee plus service fee of the converted amount will be charged by MASTERCARD and the Bank, and shall be imposed at the sole and absolute discretion of the Bank and may be subject to change. Returned Check Fee – a fee will be charged for every check returned plus applicable actual bank charges shall be imposed. Replacement Fee – a fee to be charged for each replacement card request. Charge Slip Retrieval Fee- may be charged for the retrieval of any charge slip or sales invoice copy. Other Fees and Charges – the Cardholder agrees to pay any other fees and charges that the Bank may impose. Statement of Account – Every month, Cardholder’s Statement of Account will be sent to the Cardholder’s last known or updated Billing Address or his/her e-mail address if enrolled in the Bank’s E-Statement facilities. By signing up for and/or using the E-Statement, the Cardholder accepts and agrees to be bound by all additional operational rules and general terms and conditions governing the Bank of Commerce Credit Card E- Statement. The Statement of Account shall be considered received by the Cardholder if it is successfully sent to the Cardholder’s billing address or email address. The Statement of Account is deemed accurate unless the Bank receives a written dispute within 30 days from Statement Date. During the investigation process, the Cardholder need not pay disputed amount/s however; the Cardholder must pay all undisputed transactions and charges on the Statement of Account to avoid interest and Late Payment Fee. Non-receipt of the Statement of Account does not lessen the Cardholder’s obligation to pay the amount due on the Card. In case of failure to receive Statement of Account within 7-10 days from the Statement cut-off date, the Cardholder may call the Bank’s Customer Care Hotline at (02) 632 2265 or Domestic Toll Free numbers 1-800-10-982-6000 (PLDT) and 1-800-8-982-6000 (Globe Lines), to report the delay in the delivery of the Statement and request for a copy of a Statement. Special Promotional Offers – From time to time, the Bank may offer new products, promotions, benefits, privileges followed by specific terms which the Cardholder will be notified about by mail/email/SMS/by telephone or other communication channel. Rewards– The Cardholder will earn points based on purchase activity and usage of the Card according to the Bank’s set point earnings scale. Other Points as may be authorized by the Bank from time-to-time for special programs, promotions or transactions that may be offered for limited time periods and for which additional terms and conditions may apply. Earning and redeeming points are governed by the Card’s terms and conditions and Rewards Plus terms and conditions. Supplementary Card – Any reference to the Card issued to the Cardholder also applies to the Supplementary Card, unless otherwise indicated. The Supplementary Card shall be similarly governed by Card’s Terms and Conditions. The Principal Cardholder shall be made liable for all purchases, cash advances, fees and charges incurred using the Supplementary Card. Any purchase, cash advances, fees or charges made using the Supplementary Card is the liability of the Principal Cardholder whether or not the Principal Cardholder consented to the same. Accredited Merchants – An agreement has been made with MASTERCARD whereby the Card shall be honored in all accredited merchants worldwide. However, in such case that the Card is not honored or accepted by any local or foreign merchant, bank, financial institution or person for any reason notwithstanding the availability of credit, the Bank is not liable, unless the non-acceptance is due to its negligence or willful default. The Bank is not responsible for any defective product or service purchased through the Card, any complaints regarding purchases or services made using the Card shall be directed to the concerned merchant. Installment Facility – The Cardholder may avail of the following installment facilities: a) Merchant Installment (selected goods or services purchased from selected accredited merchants) b) Balance Transfer (balances transferred from other credit card c) Convert to Installment (non-installment or straight charges or balance from Bank of Commerce credit card) d) Cash Availments against Bank of Commerce credit card (non-cash advance transaction) The Bank shall determine applicable interest rates, other fees and terms thereof. The final qualification is still subject to credit evaluation and available credit limit as applicable. Automatic Debit Arrangement – The Cardholder may enroll in the Automatic Debit Arrangement (ADA) facility to authorize the Bank to deduct the Minimum Payment Due or Total Statement Balance on each monthly Statement of Account against the Cardholder’s Current or Savings deposit account maintained with the Bank. Delinquency – The Card account will become delinquent as a result of non-payment of Minimum Amount Due and/or Past Due Amount. The Bank shall have the right to include the names of the Cardholders and Supplementary Cardholder/s with delinquent accounts in the negative listings of any credit information bureau and/or refer the Cardholder’s account to collection service provider. Authorization and limitation of Transaction/s – Transactions may be declined if these will cause the Cardholder to exceed the available credit limit. However, notwithstanding the availability of credit under the account, and for any reason, including but not limited to security and risk considerations, the Bank reserves the right to: (a) limit the amount and/or number of transactions in a given period; (b) decline authorization of any transaction. The Cardholder holds the Bank free from any liability for such refusal to authorize or for limiting the amount and/or number of the Cardholder’s transactions. Expiry and Renewal – Unless earlier terminated, voluntarily cancelled or returned by the Cardholder, the Card shall be valid from the date of issuance and expire on the last day of the month indicated in the Card. Renewal of the Card shall be solely within for the discretion of the Bank. Establishments shall no longer honor expired cards. Cancellation and Termination – The Bank has the right to cancel the Card for the Cardholder’s failure to comply with the terms and conditions governing the use of the Card without need of prior notice. All privileges granted hereunder to the Cardholder shall be automatically terminated and all the entire outstanding balance of the Cardholder including all penalties, fees and interest shall immediately become due and demandable without the necessity of demand which Cardholder hereof expressly waives. The Cardholder may opt to terminate his/her membership by requesting for card cancellation by written notice to the bank or by calling the Customer Care hotline at (02) 632 2265 or Domestic Toll Free number 1-800-10-982-6000 (PLDT) and 1-800-8-982-6000 (Globe Lines). Cancellation of Card may only be requested upon full settlement of all obligations and outstanding balance. Cardholder Information and Update – As required by Philippine laws as well as the Bank’s policy, the Bank is required to obtain verify and record Cardholder’s personal information including its supplementary/ies. The Cardholder including its supplementary/ies must regularly update the Bank of any changes in name, address, contact information or such data previously indicated in the Card Application. The Cardholder shall also submit Income Tax Return (for salaried or self-employed individual), Financial Statement, Certificate of Employment and other documents. The Bank shall not be responsible for any liabilities, damages or consequences that may arise due to Cardholder’s inability to receive Statement of Account as a result of the Cardholder’s failure to advise the Bank of any change in Billing Address, Contact Information or other Cardholder Information. Failure or refusal to update Cardholder Information may be alleged as an indication of bad faith on the part of the Cardholder in the event that a collection case is filed by the Bank. Communications – The Bank may provide any document relating to the Cardholder’s Card electronically, over the Internet and through email. For legal purposes, documents sent electronically shall be considered “in writing” and to have been signed and/or delivered by the Bank. The Bank may rely upon and treat as duly authorized and binding on the Cardholder any electronically authenticated document that the Bank receives from the Cardholder or which appears to have been sent by the Cardholder. When communicating with the Bank by electronic means, the Cardholder may be instructed to comply with certain security protocols established by the Bank. These security measures are intended to protect the Bank and the Cardholder, and the Cardholder must take all reasonable steps to prevent unauthorized access. The Cardholder holds the Bank free and harmless against any and all liability, civil or criminal including those that relate to any secrecy laws or regulations, if any electronic message is viewed or access by any unauthorized person, as well as against any liability resulting from Cardholder’s failure to inform the Bank of their updated mobile number or email address. Recording of Calls – The Cardholder authorizes the Bank to record, store, replay all telephone calls that the Cardholder make to the Bank and receives from the Bank. The Cardholders authorize the Bank to use such recordings as evidence in any judicial or administrative proceeding. Cardholder Complaint – The Cardholder may file a complaint regarding the Card or its use to the Bank’s Customer Care Hotline at (02) 632 2265 or Domestic Toll Free number 1-800-10-982-6000 (PLDT) and 1-800-8-982-6000 (Globe Lines). The Bank shall conduct an investigation, as necessary, for its prompt resolution and the Bank shall coordinate its finding to the Cardholder. The Cardholder agrees to fully cooperate with any such investigation by providing necessary data and documents. Amendments – The Bank has the right to amend this Agreement, including the fees, charges and terms at any time. Any amendments will be communicated to the Cardholder through the different communication channels. If the Cardholder objects, the Cardholder can terminate the membership by giving written notice to the Bank and surrendering the Card within 15 days from the receipt of notice of amendment. Failure to notify the Bank of Cardholder’s intention to terminate his/her membership shall be construed as acceptance by the Cardholder of the amendments to this Agreement. Compliance – The Cardholder agrees to fully abide by (i) the terms and conditions governing the usage of the Card, (ii) laws, 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, (iv) the provisions of Republic Act 9160 (Anti-Money Laundering Act of 2001) as amended, and its implementing rules and regulations including any subsequent amendments therein. Processing and Disclosure of Information – Pursuant to Circular 2015-01 of Credit Information Corporation (CIC) and Republic Act (R.A.) No. 9510 or the Credit Information System Act, the Bank is mandated to submit the Cardholder’s basic credit data (as defined in R.A. No. 9510 and its IRR), as well as any regular updates or correction thereof, to the CIC for consolidation and disclosure as may be authorized by the CIC. Consequently, the Cardholder acknowledges and authorize that the basic credit data may be shared with other lenders authorized by the CIC, and the other credit reporting agencies duly accredited by the CIC, for the purpose of establishing creditworthiness. The Cardholder agrees that the Bank may share/disclose without need of notice, all information relating to the Cardholder’s account and credit standing to develop offers for products and services, to assist in providing information about a product or service, to consider Cardholder’s request for a product or service, to enable the Bank to provide a product or service, or to assist in arrangements with third parties (such as merchant partners) in relation to the promotion or provision of a product or service. Such disclosure or exchange of information shall not be the basis of any claim against the Bank or the parties to whom the Bank makes the disclosure. The Bank may disclose any information or data regarding the Card, Account and Card transactions upon orders of courts or requests of competent government offices or agencies authorized by law. The Cardholder gives permission for the Bank, authorized third parties, agents and service providers to request, record and verify information and to make necessary inquiries from third parties in connection with any updates, re- issuance or extensions of the Card. The Cardholder authorizes the Bank to conduct random verification with the Bureau of Internal Revenue (BIR), any other appropriate government agencies or third parties to establish authenticity of the information declared and documents submitted to the Bank and the Cardholder further waive confidentiality rules and laws as applicable. Default – In case of default in Cardholder’s obligations as provided herein, the Card shall be automatically terminated, cancelled and shall revoke Cardholder’s rights to use the card and declare all unpaid balances and any unposted transactions to be immediately due and demandable, including interest/ fees and charges as applicable. The Cardholder shall be considered in default if (a) the Cardholder fails to pay any of his/her obligations on his/her Credit Card (b) fails to observe the any of the terms and conditions governing the issuance and use of the Bank’s Credit Card (c) any information, statement, or representation in this application proves to have been incorrect, misleading or fraudulent. Attorney’s Fees and Venue – Should the Bank be constrained to hire a lawyer or a collection agency due to Cardholder’s default or breach of any of the obligations provided herein, the Cardholder agrees to pay the Bank attorney’s fees equivalent to 5% of the unpaid balance but in no case less than Php10,000, and additional amount equivalent to 25% of the unpaid balance exclusive of litigation expenses and judicial costs as liquidated damages. Venue of all suits directly or indirectly arising from the relationship between the Bank and the Cardholder or his Supplementary Cardholder/s, shall be in the proper courts of Mandaluyong or in other courts at the option of the Bank. Limitation of Liability – In the event of any action arising from this Agreement or any incident thereto relative to the use or dishonor of the Credit Card which Cardholder may file against the Bank, the Bank’s liability will not exceed One Thousand Pesos (Php1,000), or the amount of the damages actually proved to have been suffered by the Cardholder, whichever is lower. Free and Harmless Clause – The Cardholder and Supplementary Cardholder/s agree to indemnify and hold the Bank free and harmless from any and all claims, liabilities, damages suits or causes of action of whatever nature now or hereafter arising from or in connection with his/her Credit Card transactions, except those arising from fraud or negligence of the Bank. The Bank will not be responsible for any failure to perform its obligations with respect to any product or services being offered if such performance would result to breach of any government rules and requirements or any performance hindered by a Force Majeure Event (events beyond Bank’s control). Separability Clause – Should any provisions of this Agreement be declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall effect in any manner whatsoever the constitutionality, validity or enforceability of other provisions of this Agreement. Right of Set-off – Upon default of the Cardholder in the payment of card purchases and/or related interest charges, penalties or fees, any money, deposit or other property of any kind whatsoever of the Cardholder in the custody of the Bank, in transit or in its possession, may without notice, be applied at its sole discretion, to the full or partial payment of the Cardholder’s and/or Supplementary Cardholder/s credit card obligations. The Cardholder irrevocably constitute/s and appoint/s the Bank as attorney-in-fact with full power and authority for the Cardholder’s name and behalf but without the necessity of prior notice, apply monies, deposits or other property of any kind whatsoever, to the payment of indebtedness of the Cardholder. Revision of Terms and Conditions – The Bank may, from time to time, change amend, revise, modify or supplement these Terms and Conditions for whatever reason it may deem proper through notices in its Statement of Account, publication, or such other reasonable means as may be determined by the Bank.