Credit Card Agreement

Unless otherwise defined in this Agreement: 
“Company” means Krungsriayudhya Card Company Limited; 
“Applicant” means a business enterprise, which is 
a juristic person and/or non juristic person, which applies for a  Krungsri Corporate Credit Card; 
“Card” means the  Krungsri Corporate Credit Card issued by the Company to the Applicant
“Cardholder” means the Applicant approved by the Company to be its member and is entitled to use the Card, and the person designated by the Applicant, and approved by the Company to use the Card delivered by the Company;
Before activating, signing the name on the reverse side of the Card and/or using the Card, please carefully read the terms and conditions of this Agreement and make sure that such terms and conditions are thoroughly understood. By signing the Cardholder’s name on the reverse side of the Card, activating the Card and/or using the Card, it shall be deemed that the Cardholder agrees to be bound by, and to observe, the terms and conditions of this Agreement.
1. The Cardholder’s Right and Obligations
   1.1 The Card is issued for use only by the Cardholder while the ownership thereof    belongs to the Company. The Cardholder shall not, in any case, transfer its right under this Agreement to any person, nor permit any person to use and/or sign the name on the Cardholder’s behalf. The Cardholder shall sign his/her name in the space provided on the back of the Card immediately after receiving the Card. Once the Card is signed and/or used, it shall be deemed that the Cardholder agrees to be bound by and to comply with the terms and conditions of this Agreement.
    1.2 The Cardholder can use the Card within the credit limit approved by the Company   for (a) cash advance withdrawal or (b) for payment of goods, services and/or any other fees at the shop, the place that displays the sign of the Card or (c) any transaction made through various channels e.g. website, telephone, mail order or ATM. The Company reserves its rights to disapprove or not to account for the credit line incurred by the use of the Card in violation of Clause 2.1 hereof. 
By entering/doing any transaction (including the direct debit for any utility through the Card) made by the Cardholder, the Cardholder agrees that any terms and conditions related to the specific transaction (if any), whether or not sign or not sign by the Cardholder, shall constitutes and be form part of this Agreement and the Cardholder shall be bound by such terms and conditions. 
      1.3 In the event that the Cardholder uses the Card beyond the Company’s occasional approved credit line, it shall not be deemed that the Company has permanently increased the credit line for the Applicant and/or the Cardholder. The Application and the Cardholder shall pay the Company such excess amount in full. In this case, the Cardholder cannot opt to make minimum payment in accordance with Clause 3.1.
      1.4 The Cardholder can use the Card to withdraw cash advance by either of (i) making utilization request via telephone pursuant to Clause 5 hereof, (ii) withdrawal cash through MASTERCARD network through the counter having the sign of MASTERCARD and/or (iii) withdrawal cash from the automatic teller machines (ATM) or electronic machines of a financial institution that displays the sign MASTERCARD/CIRRUS/ATM Pool or at any automatic teller machines installed by the Company pursuant to Clause 6 hereof.
       (a) The Cardholder agrees to comply with the conditions provided herein and agrees to accept any change to be made from time to time.
       (b) In relation to the transaction made via telephone or ATM, the Company shall provide the Cardholder personal identification number (PIN) (which can be changed by the Cardholder) for cash advance withdrawal which is subject to the withdrawal amount limit and frequency. The Cardholder shall keep such 
PIN Number confidential and shall not let the PIN Number known by any person.
       (c) The cash withdrawal, from whatsoever mean, if made by the Cardholder shall be deemed completely made and be bound by the Cardholder.
       (d) The Cardholder agrees that the Company may charge the fees for cash withdrawal at the rate specified by the Company, which such rate shall not exceed the maximum rate allowed by laws. The Cardholder can use the Card for cash advance withdrawal in the amount not exceeding the remaining credit limit and each withdrawal shall be no less than Baht 1,000. For the cash advance withdrawal at the counter having the sign of MASTERCARD, the amount of cash advance can be withdrawn shall be as specified by the relevant service provider.
      (e) The Company will provide the Cardholder a PIN number for utilizing cash advance, subject to the limitation of withdrawal amount and frequency. When the Cardholder receives the PIN number, the Cardholder shall be careful not to have other people know or penetrate into such number.
       1.5 In addition to Clause 2.2, the Cardholder agrees that the credit line (including cash advance line) of the Card can be adjusted (increasing/decreasing) at any time pursuant to the Company’s policy, where the Company reserves the rights to increase or decrease the credit line and/or cash advance line (including cancel cash advance line) subjected to the Cardholder’s qualification, Card usage behavior, payment history and/or year of membership. The Cardholder can check for the then current credit line with the Company’s customer service.
       1.6 By using the Card under this Agreement, the Cardholder shall present the Card to the salesperson of the merchant and sign in the document (Sale Slip) or on the Electronic Sign Pad or other devices as an evidence of the use of the Card. The Cardholder can request for a receipt from the merchant, however, such receipt is not evidence of payment by the Applicant and/or the Cardholder to the Company and shall not relief the Applicant’s  and/or the Cardholder’s obligation to make payment of the debt to the Company until the debt are paid in full.
       1.7 If the Cardholder makes the purchase order by using the Card to pay for goods or services by disclosing the Card’s number either verbally or in writing to the seller or service provider and instruct them to collect the payment from the Company, the Cardholder herby agrees to comply with the following:
       a)  In the event that the Applicant and/or the Cardholder refuses that he/she has not made a purchase or has not requested for service from a merchant or a service provider, the Company shall immediately cease to collect payment from the Applicant and/or the Cardholder. If the payment has already been collected, the Company shall refund the Applicant and/or the Cardholder such amount unless the Company can prove that such debt is due to the act of the Applicant and/or the Cardholder. In such case, the Company shall have the right to recollect payment from the Applicant and/or the Cardholder and the Applicant and/or the Cardholder agree to be responsible for any interest and/or fee incurred during that period.
       (b) The Company shall not deprive the Cardholder of right to cancel the purchase of goods or request for the service within the 45 days as form the date of purchase order or request for service or within a period of 30 days from the due date for delivery of goods or service. In case the due date for the delivery of goods and service is prescribed in writing, if the Cardholder can prove that he/she has not made such purchase order or request the service, or that he/she not obtained the goods within the prescribed time, or the goods or service is defective or does not otherwise satisfy the purpose for which it was provided, the Company shall suspend the collection of payment from the Cardholder. If such transaction has been made domestically and the collection of payment has been made, the Company shall make a refund to the Cardholder within 30 days as form the date of the notification of the Cardholder. If such transaction has been made abroad, the Company shall make a refund to the Cardholder within 60 days as from the date of the notification of the Cardholder.
       1.8 Each Applicant and Cardholder agrees to pay the Company according to the type of the Card requested by the Applicant in the application form as follows:
       (a) In case that the Applicant requested for a business credit card where the corporate has liability for any expense and the Company has approved and issued the Card as requested, the Applicant agrees to be responsible for all expenses incurred from, or as a result of, the use of the Card of every Cardholder, including any interest, charge and fee; or 
       (b) In case that the Applicant requested for a business credit card where the Cardholder and the corporate have joint and several liability for any expense and the Company has approved and issued the Card as requested, the Applicant agrees to be jointly and severally liable with each Cardholder as a joint debtor for all expenses incurred from, or as a result of, the use of the Card of every Cardholder, including any interest, charge and fee; or 
       (c) In case that the Applicant requested for a business credit card where the Cardholder has individual liability for any expense and the Company has approved and issued the Card as requested, each Cardholder agrees to be responsible for all expenses incurred from, or as a result of, his/her use of the Card, including any interest, charge and fee.
       1.9 The Applicant and/or the Cardholder shall pay the debt arising from the use of the Card at the rate and method as agreed with the Company. The Company will prepare the monthly billing statement (which may be in the form of electronic billing statement), and will send the monthly billing statement to the Cardholder by mail or electronic mail and/or inform the Cardholder to check from the Company’s website at least 10 days prior to the payment due date. The Applicant and/or the Cardholder agrees to make the payment of goods, services, or other debt arising from the use of Card including other fees within the due date as specified in the billing statement. The minimum payment specified in the billing statement shall be the minimum amount that the Applicant and/or the Cardholder shall pay to the Company in each month. If the Applicant and/or the Cardholder is of opinion that the statement received is incorrect or whatsoever either in part or in whole, the Applicant and/or the Cardholder shall:
        (a) Inform the Company within 10 days as form the date of the receipt of the billing statement and/or the date on which the Company inform the Applicant and/or the Cardholder to check the billing statement from its website, in determining the due date, the Company shall investigate the exact date and time of delivery of the billing statement to the deliverer and the work procedure of the deliverer;
       (b) If the billing statement has been verified to be correct by the Company, the Cardholder shall prove that the description and the amount of the transaction specified in the statement is incorrect, and such incorrect transaction does not arise from the Cardholder’s fault or mistake. In this case, the Cardholder shall dispute within a period of 60 days as from the date of receipt of the statement from the Company. If the Applicant and/or the Cardholder requests a copy of the billing statement or a copy of the sales slip in order to examine the transaction incurred from the use of the Card, the Applicant and/or the Cardholder agrees to pay the fee at the rate specified by the Company.
       1.10 The Applicant and/or the Cardholder agrees and accepts that any transaction made under the Card (including, but not limited to, a cash withdrawal) in any foreign currency shall be charged to the Cardholder in Thai Baht at the exchange rate being charged to the Company by the relevant credit card company as of the date on which such amount is charged to the Company. If the transaction amount is not in the US Dollar currency, such amount shall be converted into the US Dollar before converting into Thai Baht. The Cardholder can check for the exchange rate for preliminarily referencefrom:http://www.mastercard.com/us/personal/en/cardholderservices/currencycoversion/index.html.  In additional, the Cardholder agrees and accepts that the Currency Conversion Risk Premium at the rate not exceed 2.5% of the spending amount shall be charged by the Company to protect for the risk incurred from such currency conversion.
      1.11 If the Card is lost or stolen, or is used by other person (whether through the use of the Card or not), the Cardholder must immediately notify the Company to suspend the use of the Card and cancel the relevant PIN Number. The Company shall suspend the use of the Card within 5 minutes from the time of such notification where the Company will be responsible for any amount incurred during 24 hours prior to the time of such notification in the amount not exceeding Baht 50,000. The Company will transfer the actual amount to the Cardholder via the Cardholder’s Credit Card account within 45 days from the date the aforementioned notice has been sent to the Company. In the absence of such notification from the Cardholder and the Card is used by other person or dishonestly notify and/or the loss is occurred by the Cardholder’s negligence, the Cardholder shall be responsible for all incurred debts. In the case of cash advance withdrawal, the Cardholder agrees to repay to the Company together with the cash advance fees until the time of such aforementioned notification and the Company has suspended the use of the Card. The Cardholder shall be liable for any debts occurred before such notification (including, but not limited to, the cash advance fees). However, after the Company later inspects and proves that any incurred debt (either prior to or post notification) is due to the act of the Cardholder or the Cardholder is related to the occurrence of such debt, the Cardholder agrees to be responsible for all of such debts. If the Cardholder request the Company to issue a Card replacement, the Cardholder shall be responsible for any expense and debt incurred from the use of the Card (for the amount responsible by the Cardholder). In addition, the Cardholder agrees to pay a card replacement fee for the issuance of a new card at the rate announced by the Company. If the Cardholder retrieves the lost Card after notifying the Company, the Cardholder shall cut the retrieved Card in half to prevent further use of the Card.
       1.12 In case that the Applicant requested for a card where the corporate is responsible for any expense or where the Cardholder and the corporate have joint and several liability for any expense, when the Applicant and/or the Cardholder pay for the goods and/or services, the Applicant and/or the Cardholder agree to perform the duty of the payer in accordance with the Revenue Code.
       1.13 In case the Cardholder ceases to be personnel, staff, employee, or agent of the Applicant, the Applicant shall immediately notify the Company to terminate the Card. The Cardholder gives the Applicant permission to notify such termination and shall not revoke such permission in any case. 
       1.14 The Applicant and/or the Cardholder hereby gives consent to the Company, the credit bureau company and any credit data company to which the Company is a member to disclose his/her private data and/or credit data and/or other data stated in the application or in any communication recorded or kept at the Company, the credit bureau company, credit data company, bank, financial institution, and other juristic person that is the member of the credit bureau company, credit data company and subsidiaries of the Company and also consents to the transfer of data abroad including but not limited to Australia and India. Such disclosure of information shall be for the purpose of credit review, credit support or credit analysis of the Applicant and/or the Cardholder regardless of whether the Applicant and/or the Cardholder has terminated the account or cancelled the service of the Company. Such disclosure of information shall be used for the purpose of credit analysis or other purposed as stipulated by law and the Applicant and/or the Cardholder agrees and allows the Company to use the result of credit analysis for determination whether the qualification of the Applicant and/or the Cardholder falls under Clause 2.2 or not.
       1.15 The Applicant and/or the Cardholder consents to the disclosure or exchange of data of the Applicant and/or the Cardholder given to the Company both in the application or in any communication recorded or kept at the Company’s subsidiaries or other persons including the use of the Cardholder’s telephone number, mobile phone number, e-mail address and/or pager number for any communication between the Company and the Cardholder, for sending billing or credit bureau information to the Applicant and/or the Cardholder via the internet or computer, for sending message or information related to credit application and news, and offering various services, products or the operation of the affiliates business, and informing the amount of debt due (if any). The Applicant and/or the Cardholder shall immediately inform the Company if there is any change of such address or detail. With respect to the collection of debt due (if any), The Applicant and/or the Cardholder acknowledges and agrees that the Company will appoint the third parties to do the collection for benefit and on behalf of the Company or the Company may do the collection by itself. 
The Cardholder hereby gives consent to the Company and/or its representative in contacting any person related to the Applicant and/or the Cardholder for such collection in a necessary case or in a case where the Company cannot contact the Cardholder and also agree that the Company and/or its representative can disclose any information related to the Cardholder’s debt due to such aforementioned person including accepting of any payment or settlement of due debt made by such person as appropriate for the benefit of the Cardholder’s debt collection. The Applicant and/or the Cardholder agree that this consent shall be continuous and remain valid although the Card has been terminated.
       1.16 The Cardholder shall immediately notify the Company of the change of the Cardholder’s first name, last name, occupation, office address, home address and other details.
       1.17 If the Company does not terminate or retrieve the Card or suspend the use of the Card in accordance with Clause 2.2 hereunder, the Cardholder is able to use the Card until the expiry date printed on the face of the Card. The renewal of the Card to the Cardholder shall be considered pursuant to the criteria of the Company whereby the Company reserves the right not to renew the Card to any Cardholder whose qualification fails to meet the criteria. If the Card is renewed, the Applicant and/or the Cardholder agree to accept the renewal by activating the Card as per the method specified by the Company. If the Card is not renewed, it shall be deemed that the Cardholder’s rights under this Agreement are discontinued and the Cardholder shall be liable to pay all outstanding debts under this Agreement until the debts are paid in full.
       1.18 The Applicant and/or the Cardholder may terminate the use of the Card at any time by informing the Company and/or cutting the Card in half and sending back to the Company where the Cardholder can ask for refund of the annual fee in proportion to the unused period. Such refund of annual fee shall be done within 1 year from the date the Card is terminated or cancelled.    
       1.19 The Applicant and/or the Cardholder hereby agrees that the Company shall deduct the Cardholder payment in the order as specified under the credit card billing statement.
       1.20 The Applicant and/or the Cardholder give consent to Bank of Ayudhya Public Company Limited to disclose or exchange of any credit, deposit and other information which the Applicant, the authorized person and/or the Cardholder gave to the Bank, including the information contained in the application and/or any attachment and copies thereof, to the Company, for the purpose of considering whether to renew the Card for the Applicant and/or the Cardholder. The Applicant and/or the Cardholder agree to be bound by the terms and conditions of the Card. 
2. The Company’s rights and obligations
       2.1 The Company shall not be responsible in the event that the Card is not accepted by any financial institution, shop or place of service and shall not be liable for any agreement in relation to the sale of goods or services made by the Cardholder with such shop or place of service. The Cardholder agrees that the Company has rights to terminate the Card in a case where the Card is used for any payment if its objective is expressly prohibited by law or is impossible or is contrary to public order or good morals including the use of Card for any commercial purpose or the use of the Card with inappropriate behavior.
       2.2 The Company reserves the right to reduce the credit line, refuse the Card renewal, suspend the right to use the Card and/or terminate or revoke the status as the Cardholder of any of the Applicant and/or the Cardholders and/or all the Cardholders at any time upon the occurrence of any of the following event of default or event of termination. The Company shall notify the suspension or revocation to the Applicant and/or the Cardholder. Such notification shall take effect immediately. The Applicant and/or the Cardholder shall still be responsible to pay the Company the outstanding amount within the period specified in the notification. 
       (a) The Applicant and/or the Cardholder has given false statement when applying for membership regardless of whether such false statement has appeared to or had been acknowledged by the Company prior to or after the issuance of the Card to the Cardholder;
        (b) The Applicant and/or the Cardholder does not comply with any of the terms and conditions hereof;
        (c) The Applicant and/or the Cardholder fails to make payment when due to the Company or any person or fails to make payment when due to the Company for at least 2 times (whether consecutive or not) within 6 months;
        (d) There occurs change in financial status or income sources of the Applicant and/or the Cardholder (or the Applicant and/or the Cardholder has total debts or credit lines with the Company or other financial institution higher than his/her income) and the Company has considered that the Applicant and/or the Cardholder does not have ability to repay the debts incurred from the use of the Card or there is a circumstance which has a material adverse effect to the Cardholder’s ability to repay the debt;
        (e) The Company considers that the Applicant and/or the Cardholder uses the Card for any purpose difference from the purpose of the Card specified herein and/or has inappropriate behavior for the use of the Card and/or has inappropriate qualification to be a Cardholder including the use of the Card for business purpose, with fraudulent purpose, for any illegal purpose (including, but not limited to, creating and using falsified documents for applying the Card and/or any activities considering as conducting money laundering), or for any purpose that is impossible or in contrary to the good public order or good moral; 
        (f) The Applicant and/or the Cardholder there is a case made against in the civil case, bankruptcy case or criminal case, or there is an order by the  relevant authorities to cease the Cardholder’s asset, or the Cardholder commits or is suspected to commit any fraud to the Company and/or other financial institution;
        (g) The Applicant and/or the Cardholder become insolvent, bankrupted, deceased, absented and not reachable by means of communication, disappeared, incapacitated or quasi-incapacitated, as the case may be.
        (h) The Applicant and/or the Cardholder is death, deceased, disappeared, or incapacitated or is quasi-incapacitated, or is adjudicated to be bankrupt as the case may be;
        (i) The Applicant and/or the Cardholder fails to provide his/her income proof as required by the Bank of Thailand or any other related government agency within the specified period;
        (j) There is a change in law, ministerial regulation, and/or notification of relevant authority which significantly affects the business of the Company and/or the service provided by the Company in accordance with the terms of this Agreement and the Company decides to terminate the credit card service under this Agreement;
        (k) In the event where there is no outstanding debt, no transaction made through the Card, no account movement, no contact with the Company, and/or the Company cannot contact the Cardholder(as applicable) for at least 12 consecutive months.
        (l) Any other event as notified by the Company from time to time.  If the Applicant’s account is suspended or terminated (or not renewed), all Cards shall be suspended or terminated immediately with the suspension or termination of the Applicant.
       2.3 During the occurrence of any event of default or event of termination (in addition to the rights to reduce credit line, not renew the Card, suspend the sue of the Card and/or to cancel or revoke the rights of the Cardholder upon the occurrence of events under Clause 2.2), the Company reserves the rights to cancel any benefit or privilege providing to the Applicant and/or the Cardholder (including but not limited to cancel the special Credit Usage Fee applied to the Applicant and/or the Cardholder). In this regard, the Company will adjust such special Credit Usage Fee to be at the normal rate applied to the Card (at the time of this Agreement, interest rate at 15% per annum and Credit Usage Charge at 3% per annum) until such event of default or event of termination has been cured or resolved. By changing such Credit Usage Fee rate pursuant to this paragraph, it shall not be deemed as interest rate/credit usage charge adjustment which requires the prior notice.

       2.4 The Company may transfer its rights, obligations and benefits pursuant to this Agreement whether in whole or in part to the third party without obtaining consent from the Applicant and/or the Cardholder. In such case, the Company shall notify the Applicant and/or the Cardholder in writing.
2.5 The Company shall have the right to change the payment cycle of the Applicant and/or the Cardholder by sending not less than 30 days written notice to the Cardholder and it shall be deemed that the debt incurred from the use of the Card shall become due as specified in the billing statement.
2.6 The Company reserves the right to amend the terms and conditions on the Credit Usage, interest rate, charges, fees and any service fees, whether in whole or in part. The Company will notify the Applicant and/or the Cardholder by affixing the announcement at the office or branches of the Company or through www.krungsricard.com at least thirty (30) days in advance of the effective date of such amendment. However, in an emergency case, the Company will notify the Applicant and/or the Cardholder by post or publishing in a daily Thai language newspaper at least seven (7) days in advance, follows by a written notice. The amendment shall be deemed a part of these terms and conditions and the Applicant and/or the Cardholder agree to be bound by the notified new terms and conditions without requiring to produce any document to the Company. 
2.7 No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the laws or this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy.
3. The Card’s Fees
The Cardholder agrees that the Company can charge the following fees
3.1 When the Applicant and/or the Cardholder uses the Card for cash advance or payment of goods or services, the Applicant and/or the Cardholder agrees to repay to the Company together with other fees (if any) an amount being not less than 10% of the outstanding amount or not less than the minimum amount announced by the Company whichever is greater.
3.2 In case the Applicant and/or the Cardholder cannot make his/her payment as shown in the billing statement in full within the payment due date, it shall be deemed that the Applicant and/or the Cardholder requests for the extension of the remaining outstanding and agrees to pay (a) interest and credit usage charge of the total outstanding calculating from the posting date or the cash receiving date (as the case may be) until the partial payment date and (b) interest and credit usage charge of the remaining outstanding. The rate of interest and credit usage charge shall be as determined by the Company, but shall not exceed the highest rate the Company is entitled to charge from the Applicant and/or the Cardholder in accordance with the applicable law (for the reference purpose, as of the date of this Agreement, the interest rate is at 15% per annum and the credit usage charge is at 3% per annum) and shall be calculated from the date that the Company made the payment to the merchants until all the outstanding amount has been paid in full. The interest and credit usage charge are altogether referred to as the “Credit Usage Fee”.
3.3 In a case where the Applicant and/or the Cardholder makes any transaction having the payment as installment (whether card usage or cash advance transaction), the Applicant and/or the Cardholder agrees and acknowledges that the installment amount to be payable in each installment as informed by the Company is calculated by using the flat rate method for ease calculation to determine the amount of each installment. If the Applicant and/or the Cardholder makes any payment greater or less than the pre-determined amount and/or not makes payment on time, the amount to be paid in the final installment (whether increase or decrease as the case may be) without having effect to the amount to be paid in other installment (rather than the final installment) and/or the number of installment may be reduced as the Company will apply the effective rate method for all actual payment made by the Applicant and/or the Cardholder.
3.4 In the case where the Applicant and/or the Cardholder gets the special Credit Usage Fee lower than the normal rate as specified in Clause 3.2 from any installment transaction whether by ways of (i) installment from payments for goods/services and/or cash withdrawal transaction and/or (ii) installment from balance transfer transaction, if the Applicant and/or the Cardholder wants to repay all of the outstanding amounts in whole before the agreed period, the Company reserves the rights to adjust such special Credit Usage Fee granted to be the normal Credit Usage Fee rate as allowed by the applicable laws where the amounts of the Credit Usage Fee to be paid by the Cardholder shall be in the aggregate of:
        (1) The amount of interest and credit usage charge at the maximum rate allowed by the applicable laws calculated on the total principal amount utilized by the Applicant and/or the Cardholder from the posting date or the cash receiving date (as the case may be) to the actual date the repayment has been made in full; minus with 
        (2) The total amount of interest and credit usage charge that the Applicant and/or the Cardholder has already paid to the Company since the first installment to the day before the day on which the repayment has been actually made in full; Provided, always that: the total amount of interest and credit usage charge to be paid by the Applicant and/or the Cardholder shall not exceed the maximum rate allowed by the applicable laws.
3.5 If the Applicant and/or the Cardholder made the payment by a bank cheque where such cheque has been refused to be paid by the bank, the Applicant and/or the Cardholder agrees to pay the cheque return fee at the rate as specified by the Company but not exceeding the highest rate the Company is entitle to charge as allowed by the applicable laws.
3.6 The Applicant and/or the Cardholder agrees to pay any fees related to the use of the Card as specified in the application (or from time to time informed by the Company) to the Company whereby such fees, in any case, shall be the rate as allowed  by the Bank of Thailand. The Applicant and/or the Cardholder acknowledge that the Company will collect the annual fee as specified in the fee table from the Applicant and/or the Cardholder. In case that the Applicant and/or the Cardholder has no outstanding balance, spending, account movement, not contact with the Company and/or the Company cannot contact with the Applicant and/or the Cardholder at least 12 months.
3.7 In addition to the fees in Clause 3.6, if, by using the card for goods/services including cash withdrawal, there is any fee charged by the relevant merchant/service provider through the Card account, the Applicant and/or the Cardholder agree that he/she is aware of such fees and agrees to be responsible for such fees.
3.8 If the Applicant and/or the Cardholder have been asked to pay for the debt incurred from the use of the Card, the Applicant and/or the Cardholder must be liable to pay such expenses to the Company in full which includes legal expenses in litigation, attorney fee, and other expenses incurred to the Company in relation to the enforcement for any payment under this Agreement.

4. Terms and Conditions for Installment Payment of Goods or Services
Unless agreed otherwise, there Terms and Conditions are governing the Applicant and/or the Cardholder who uses the Card for installment payment of goods and/or services, and shall be constitutes as part of this Agreement.
4.1 The Applicant and/or the Cardholder can use the Card for installment payment of goods or services from the relevant shops or service providers pursuant to the following terms and conditions:
(a) The minimum price of goods and/or services shall not less than the price specified by the Company and/or the relevant shops/services providers;
(b) The Company will charge the processing fee for certain types of goods (if any) and/or the Credit Usage Fee to be determined in accordance with agreed period and conditions. The price of goods plus the aforementioned fee and charge shall be a total amount to be paid;
(c) The Applicant and/or the Cardholder agrees to make the payment in installments as agreed with the Company and/or the merchant, where the number of installments and/or the final installment amount may be changed based on the timing of payment and the actual amount of payment made by the Applicant and/or the Cardholder in each installment;
(d) When purchasing a goods/service, the Applicant and/or the Cardholder shall sign in the document or sign on the Electronic Sign Pad or other devices stipulated by the Company to reaffirm of such purchasing by utilizing the facility under this Agreement;
(e) The Applicant and/or the Cardholder agrees that the Company shall pay for the price of the goods/services to the relevant shops/service providers on behalf of the Applicant and/or the Cardholder, and upon such payment has been made to the relevant shops/service provider it shall be considered that the Applicant and/or the Cardholder have completely received such loan from the Company. The evidence of payment made to the relevant shops/service providers shall be used as receipt evidencing the loan utilized by the Applicant and/or the Cardholder.
4.2 The Applicant and/or the Cardholder shall present the Card to the salesperson of the merchant and sign in the document (Sales Slip) or on the Electronic Sign Pad or other devices as an evidence of the use of the Card. The Applicant and/or the Cardholder can request for a receipt, however, such receipt is not deemed to be an evidence of payment by the Applicant and/or the Cardholder to the Company and shall not relief the Applicant’s and/or the Cardholder’s obligation to make payment of the debt to the Company until the debt are paid in full.
4.3 Subject to Clause 3.3, in a case the Applicant and/or the Cardholder wishes to prepay all remaining installment amount, the Applicant and/or the Cardholder must inform the Company not less than 1 billing cycle and shall be responsible for all remaining principal and interest and/or Credit Usage Charge accrued thereon.
4.4 The Company shall not be held liable for any defect or damage of the goods purchased by the use of the Card. For the request of change or return of such goods, the Applicant and/or the Cardholder hereby agree to follow the instructions and/or conditions set forth by each shop or operators.
4.5 The Applicant and/or the Cardholder may choose to do the installment payment of goods/services via the telephone pursuant to the conditions specified by the Company. Unless otherwise specified, the Applicant and/or the Cardholder agree that the provision of Clauses 4 and 5 of this Agreement shall apply to such installment payment transaction made through telephone as applicable.
5. Terms and Conditions for Transaction made Through a Telephone
5.1 The Applicant and/or the Cardholder can use his/her personal identification number (PIN Number), which is issued by the Company or which is changed later by the Applicant and/or the Cardholder, for any services or transactions to be made through the Company’s automatic telephone system. The Applicant and/or the Cardholder shall keep such PIN Number confidential and shall not let the PIN Number known by any person. The PIN Number may be changed by the Applicant and/or the Cardholder without informing the Company.
5.2 The Applicant and/or the Cardholder agrees to be liable for any acts committing through the automatic telephone system by using the PIN Number and/or through the officer of the Company via telephone (where the personal information of the Applicant and/or the Cardholder will be verified) including, but not limited to, the utilization of cash advance or the change of personal information. If such transaction has been made, the Applicant and/or the Cardholder agrees to be bound by such transaction where such transaction cannot be revoked except the confirmation of such revocation has been made in writing. Any transaction made through a telephone system shall be valid and binding both the Applicant and/or the Cardholder.

       5.3 The Applicant and/or the Cardholder agree that any manual, guideline, terms and conditions, and any other document related to the telephone service which the Company has provided or to be provided (or revised) to the Applicant and/or the Cardholder including, order, instruction or respond for any transaction through the telephone service by the Applicant and/or the Cardholder shall be constituted as part of this Agreement.
5.4 The Applicant and/or the Cardholder agree to pay any fees incurred from the sue of the telephone service (if any) on the time and at the rate specified by the Company. The Company reserves the rights to adjust such rate by giving 30 days prior notice to the Applicant and/or the Cardholder. 
5.5 The Applicant and/or the Cardholder agree and acknowledges that any transaction made through the telephone system (including any communication made with the Company via telephone) may be recorded for monitoring or suing as evidence, and the Applicant and/or the Cardholder agree that such record can be used as evidence by the Company without any further consent of the Applicant and/or the Cardholder.
6. Terms and Conditions for ATM
6.1 The Applicant and/or the Cardholder can use the Card to withdraw cash advance from the automatic teller machines (ATM) or electronic machines of a financial institution whether domestic or international. The Applicant and/or the Cardholder shall use the personal identification number (PIN), issued by the Company or as changed by the Applicant and/or the Cardholder, for cash advance withdrawal. The Applicant and/or the Cardholder shall keep such PIN Number confidential and shall not let the PIN Number known by any person. The PIN Number may be changed by the Applicant and/or the Cardholder without informing the Company.
6.2 The number of transaction made and the amount of cash to be withdrawn shall be subjected to the conditions of the Company. In a case where the Applicant and/or the Cardholder input the wrong PIN Number exceeding the times limited by the ATM service provider, such Card will be blocked and cannot be used unless and until the Applicant and/or the Cardholder contact the Company ATM are the evidence of receipt that the Applicant and/or the Cardholder has received cash from the Company under this Agreement.

       6.3 By using the Card for withdrawal cash advance, the Applicant and/or the Cardholder agrees to be bound by the terms and conditions of this Agreement and agrees that: (i) the statement and/or (ii) the information/data the Company received from the  financial institution who is the owner of the relevant ATM are the evidence of receipt that the Applicant and/or the Cardholder has received cash from the Company under this Agreement.
6.4 By doing transaction via ATM, there might be an associated fees charged by the financial institution who owns/operates such ATM where such fee is not related /
charged by the Company. The Applicant and/or the Cardholder, thus, should study for such associated fees (if any) before doing a transaction, and it shall be considered that the Applicant and/or the Cardholder acknowledges and accepts to such fees when doing the transaction. In this regard, the Company agrees to pay any fees incurred from the use of the Card via the ATM on the time and at the rate specified by the Company.

7. Terms and Conditions for Website
7.1 The Applicant and/or the Cardholder can do some transaction via the Company’s website (as available at such time) by register with the Company’s website. After registration, the Applicant and/or the Cardholder will get the password to access to the website.
7.2 The Applicant and/or the Cardholder agrees that in acquiring any transaction and/or service through the website the Applicant and/or the Cardholder shall be bound by the terms and conditions related to the use of such website and such transaction/service shall be valid and binding the Applicant and/or the Cardholder without any written document to be signed by the Applicant and/or the Cardholder.
7.3 The Applicant and/or the Cardholder agrees and acknowledges that any transaction/service made through the website may be recorded for monitoring or using as evidence, and the Applicant and/or the Cardholder agrees that such record can be used as evidence by the Company without any further consent of the Applicant and/or the Cardholder.

8. Terms and Conditions for Redemption Program and Benefits
8.1 The Applicant and/or the Cardholder agrees and acknowledges that the Company may, from time to time, hold the redemption program, benefit or any marketing campaign pursuant to the terms and conditions thereof as specified or to be specified by the Company. The Applicant and/or the Cardholder agrees that such terms and conditions shall be constituted as part of this Agreement.
8.2 The Applicant and/or the Cardholder agrees that, in addition to the terms and conditions of each redemption program, benefit or marketing campaign, the Company reserves the rights to provide any promotion, privilege, bonus point or gift under such redemption program, benefit or marketing campaign only to the Applicant and/or the Cardholder who has good payment history, whose account is in good status and is not suspended or terminated, and/or who does not breach any terms and conditions of this Agreement.

This Agreement is governed by and construed in accordance with the laws of Thailand. In a case where this Agreement is made in both Thai and English languages, the Thai language version of this Agreement shall prevail in respect of the construction and interpretation hereof in the event of discrepancy and inconsistency.