Russian Standard Bank: charging fees and commissions for card servicing is illegal. Russian Standard Bank: charging fees and commissions for card servicing is illegal Russian Standard tariff plan
APPEAL DECISION
Oryol District Court of the Oryol Region, consisting of:
presiding judge Shekshueva O.N.,
under secretary Gorelova N.S.,
with the participation of the representative of the plaintiff Naumenko T.N., the representative of the defendant Galitskova S.N.,
having considered, on appeal, in open court on the premises of the Oryol District Court of the Oryol Region, a civil case on the appeal of the defendant ZAO Russian Standard Bank against the decision of the magistrate of the judicial district No. 1 of the Oryol District of the Oryol Region dated DD.MM.YYYY in a civil case on the claim Senkin to Russian Standard Bank CJSC on the protection of consumer rights, which decided:
“Senkin’s claims must be partially satisfied.
Invalidate clause 1.1 of Tariff Plan TP 83/2 on establishing a fee for issuing and servicing the main card in the amount of 3,000 rubles and clause 8.1.2 of Tariff Plan TP 83/2 on establishing a fee for cash withdrawal Money due to a loan of 2.9%. but not less than 100 rubles.
To recover from CJSC Russian Standard Bank in favor of Senkin the amount of fees for issuing cash and fees for issuing and servicing the main card, withheld under the loan agreement No. dated DD.MM.YYYY in the amount of 5836 rubles. 20 kopecks, compensation for moral damage in the amount of 1,500 rubles. 00 kopecks, fine for failure to voluntarily satisfy requirements in the amount of 2918 rubles. 10 kopecks, total 10254 rubles. 30 kopecks, and refuse the rest of the claim.
To collect from CJSC Russian Standard Bank in favor of the municipality of Orel MRIFNS of Russia for the city of Orel a state duty in the amount of 550 rubles. 16 kopecks."
U S T A N O V I L:
Senkin K.V. addressed the magistrate of court district No. 1 of the Oryol district of the Oryol region with a statement to CJSC Russian Standard Bank on the protection of consumer rights.
In support of the stated requirements, the plaintiff indicated that DD.MM.YYYY between him and CJSC Russian Standard Bank an agreement No. was concluded on the provision and service credit card. In accordance with the terms of the agreement, a credit card was issued and the opportunity to obtain a loan with the limit established by the agreement was provided. This credit card is serviced according to Tariff plan TP 83/2. In April 2013, he received invoice statements under the specified agreement, from the contents of which he learned that he had been charged a fee for issuing and servicing the main card and a commission for withdrawing cash, the accrual and withholding of which he considered illegal and unreasonable. Considers the conditions of the Tariff Plan TP 83/2, establishing these fees and commissions, to be void.
At the court hearing, the plaintiff’s representative, acting by proxy, S.N. Galitskova, supported the stated demands.
The magistrate made the above decision.
In the appeal, CJSC Russian Standard Bank asks to cancel the decision of the magistrate in the appealed part and make a new one with the refusal of the claim, considering the decision illegal, unfounded, since when it was made, the rules of substantive law were violated:
The court of first instance violated the norms of substantive law, which, in accordance with Art. is the basis for canceling the appealed decision.
The court did not apply the norm to be applied, Art. , incorrectly established the factual circumstances of the case, incorrectly determined the subject of the mixed agreement concluded between the parties, which resulted in an unjust decision.
The agreement on the provision and servicing of card No. concluded between the parties has a mixed legal nature and contains both elements loan agreement(Chapter 42 of the Civil Code of the Russian Federation), and elements of a bank account agreement (Chapter 45 of the Civil Code of the Russian Federation), within the framework of this agreement a bank card was issued in the name of the plaintiff, a bank account was opened, used within the framework of the card agreement, including for placement of funds and reflection of transactions using the card, for carrying out transactions on the card account, the amount of which exceeds the balance of funds on the card account, a limit was set and the card account was credited in accordance with Art. . At the same time, for performing transactions on the account, in accordance with Art. , Law of the Russian Federation No. 395-1 of December 2, 1990 “On banks and banking activities”, Art. The Bank has the right to charge a fee if it is agreed upon in the agreement with the Client. According to Art. , in cases provided for by the bank account agreement, the client pays for the bank’s services for performing transactions with funds in the account. According to Article 5 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities”, cash services for individuals and legal entities is a banking transaction.
A bank card is a personal payment and settlement document in the form of an infected plastic card, issued by the Bank, on the basis of which the client receives the opportunity to remotely manage his account, namely, pay for services, work, purchased goods non-cash, and also, if necessary, receive cash from the account through an ATM.
Cash withdrawal from the Client's account within the framework of the concluded card agreement is a mandatory service of the Bank. Within the framework of the concluded agreement, the client himself determines how to exercise his rights within the framework of the transaction: place his own funds, use a loan provided by the Bank, receive cash from the account or make payments for purchases using a card, give orders to the Bank to transfer funds to non-cash (transfer), etc.
In the appealed decision, the court concludes that the terms of the card agreement are illegal and that the Client is charged a fee for issuing and servicing the card, since, according to the court of first instance, this fee is not provided for by law; however, this commission is provided for by law, the service provided in accordance with Art. may be compensated;
The court of first instance unreasonably satisfied the plaintiff’s demands for compensation for moral damage, since the case file does not contain a single piece of evidence indicating that the plaintiff suffered any moral suffering, which the court unmotivatedly points out in its decision, or the presence of guilty actions on the part of Jar;
The court applied a norm that was not subject to application, namely paragraph 6 of Art. Law of the Russian Federation “On the Protection of Consumer Rights”, according to which, if the consumer’s requirements established by law are not met, the court will impose a fine in the amount of 50% of the amount awarded by the court in favor of the consumer from the manufacturer (performer) for failure to voluntarily satisfy the consumer’s requirements, while The court in the appealed decision did not provide the grounds and did not indicate the evidence that served as the basis for collecting the fine; the materials of the civil case do not contain the appeals of Senkin K.V. to the Bank in a pre-trial manner with similar demands that are the subject of consideration of this case.
At the hearing of the appellate court, the representative of the defendant Naumenko T.M. supported the arguments of the appeal in full.
In her objections to the appeal, the representative of the plaintiff, acting by proxy, Galitskova S.N., asks the magistrate’s decision to be left unchanged, and the appeal to be dismissed, since all the arguments of the appeal were assessed by the magistrate in the decision made.
Having checked the case materials and studied the arguments of the complaint, the appellate court finds that the decision of the magistrate is subject to cancellation on the following grounds.
The production of bank cards is complex technological process, requiring special equipment and materials. Servicing a bank card includes providing correspondent communications with other banks and organizations, technical support for maintaining the card in working order during its validity period, as well as providing additional opportunities to its holder.
The client independently and voluntarily chooses one of the bank’s products. In this case, the plaintiff received an application on December 5, 2012 to issue an American ExpressCard. As part of the card agreement, at the time of its receipt and activation, the tariff plan TP 83/2 was in effect, which provided for the collection of a fee for issuing and servicing the main card - 3,000 rubles.
Thus, the bank’s charging a fee for a certain banking service it provides complies with the requirements of the law, the provisions of the card agreement and does not violate the interests and rights of the consumer.
Since the Bank's right by force of law is, by agreement with the client, to establish remuneration for performing banking transactions, the list of which is established by the Bank itself, and this remuneration is not limited by law, the appellate court comes to the conclusion that charging a fee for issuing and servicing a card is an independent remunerative banking a service, the terms of which were agreed upon by the parties to the contract upon its conclusion.
Considering that current legislation does not prohibit banks from providing individuals with such a service as servicing an account using a bank card, the plaintiff agreed to receive a loan with the opening of a card account, was familiar with the bank’s tariffs for opening and servicing a bank card, agreed with them, and accepted assumes an obligation to pay these payments, the court believes that the magistrate had no legal grounds for satisfying the plaintiff’s demands to invalidate the terms of the agreement for charging fees for issuing and servicing the card and applying the consequences of the invalidity of these void conditions in the form of collecting the amount for the transfer of funds.
Also at the court hearing it was established that, within the framework of the concluded Agreement on the card with Senkina K.V. DD.MM.YYYY withheld a commission for cash withdrawal in the amount of 2175 rubles, DD.MM.YYYY withheld a commission for cash withdrawal in the amount of 661.20 rubles, and a total of 2836 rubles. 20 kopecks
The justice of the peace, based on a systematic analysis of the norms of Art. , art. , Federal Law “On Banks and Banking Activities”, Regulations “On the Rules of Conducting accounting in credit institutions located in the territory Russian Federation“, I came to the conclusion that charging a commission for issuing cash is the provision of an additional service when purchasing the main service, which contradicts paragraph 2 of Article of the Law of the Russian Federation “On the Protection of Consumer Rights”, by virtue of which it is prohibited to make the purchase of certain goods (works, services) mandatory purchase of other goods (works, services).
The above conclusions of the magistrate are based on an incorrect interpretation of substantive law.
DECIDED:
The appeal of the defendant ZAO Russian Standard Bank is satisfied.
The decision of the magistrate of court district No. 1 of the Oryol district of the Oryol region dated DD.MM.YYYY in the civil case on Senkin’s claim against Russian Standard Bank CJSC on the protection of consumer rights is canceled and a new decision is made.
Senkin's claims against Russian Standard Bank CJSC for the protection of consumer rights will be rejected.
The ruling of the appellate court enters into legal force from the date of its adoption. Presiding Judge O.N. Shekshueva
Court:
Oryol District Court (Oryol region)Plaintiffs:
Senkin K.V.Defendants:
CJSC "Russian Standard Bank"Judges of the case:
Shekshueva O.N. (judge)Judicial practice on:
For loans, for loan agreements, banks, banking agreementArbitrage practice on the application of Art. 819, 820, 821, 822, 823 Civil Code of the Russian Federation
Appendix 2. Numbers and dates of Orders of Russian Standard Bank
Change of Terms:
Order No. 666 of November 27, 2003
Order No. 372 of 04/13/2004
Order No. 454 of 05/05/2004 (declares the previous Conditions - No. 372 invalid)
Order No. 234 of 04/05/2005
Order No. 538 of 06/27/2005 (recognizes conditions No. 234 of 04/05/2005 as invalid)
Order No. 698 of 08/03/2005 (recognizes Conditions No. 538 of 06/27/2005 as invalid)
Order No. 940/1 dated 10/14/2005 (recognizes the previous Conditions - No. 698 from 10/24/2005 as invalid)
Order No. 1184/1 of November 29, 2006
Tariff Changes:
Order No. 323 of March 30, 2004
Order No. 643 of November 20, 2003
Order No. 323 of March 30, 2004
Order No. 413 of 04/22/2004 (recognizes the tariffs for RS cards approved by Order No. 323 of 03/30/2004 as invalid)
No. 1204 of December 30, 2004 (recognizes the previous Tariffs as invalid - No. 413 with Order of January 12, 2005)
Order No. 263 of 04/11/2005
Order No. 538 of June 27, 2005 (amends TP 1-15, 17-23, 25 the rate of the Tariff article “Commission for over-limit debt” equal to 0.1% per day, in TP 1 article “Coefficient for calculating the minimum payment in the amount of 4% of the amount of the card limit is invalidated from July 11, 2005, “Tariffs for Russian Standard cards” Order No. 263 of April 11, 2005)
Order No. 709 of 08.08.2005 (change of the list of card products of Order No. 538)
Order No. 851 of 09.21.2005 (recognizes the previous Tariffs - No. 709 of 08.08.2005 as invalid, changes the terms of TP 2,3,4,4a,8a, 9,9a,14,15,17,19,24)
Order No. 73/1 of 01/27/2006
Order No. 170/1 dated 02/20/2006 (recognizes the previous Tariffs No. 73/1 dated 01/27/2006 as invalid)
Order No. 1185 of September 29, 2006
Order No. 243/1 of 01/29/2007
Order No. 1870 dated June 20, 2007
Order No. 2045 of 07/05/2007 (on supplementing the list of Tariffs with tariff plan TP 52)
Order No. 2651/1 of 08/15/07 (recognizes the previous Tariffs - No. 709 from 08/15/2007 as invalid)
Order No. 3579/2 of 08/29/2008
Order No. 5101/1 dated November 28, 2008 (indicates the full cost of the loan in TP52)
Order No. 1267 dated 04/09/2009 (orders not to provide standard forms to individuals who contact the Bank to draw up documents: “Full cost of a loan on the Russian Standard Card with TP 38, 56, 57, 31, 52, 55”)
2264/1 dated 07/15/2009
Explanation.
There is a practice in the BRS - Tariffs and Conditions are changed several times a year, and the previous Tariffs and Conditions are recognized as no longer in force. Because There is a fairly decent period between the signing of the offer and its acceptance, then it would be reasonable to check whether the Conditions and Tariffs have changed. That is, if the offer was signed on April 30, 2004, and the consumer activated the card in February 2005, this means that the acceptance was already accepted under different Conditions with different Tariff plans, because the previous ones are no longer valid.
Article 443 of the Civil Code of the Russian Federation states that “a response about consent to conclude an agreement on conditions other than those proposed in the offer is not acceptance. Such a response is recognized as a refusal of acceptance and at the same time a new offer.” The bank's response cannot be a new offer, because in this case, there is no mandatory written form of the contract. Thus, if the Conditions and Tariffs have changed during the period from the moment of signing the offer to the activation of the card, then the fact of card activation cannot be considered acceptance.
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From the book 500 objections with Evgeny Frantsev author Frantsev Evgeniy From the book of 100 objections. business and sales author Frantsev EvgeniyHello! I would like to complain about the unlawful actions of Russian Standard Bank.
On March 27, 2009, I concluded agreement No. 108165660 under tariff plan TP 236/1 with the bank for issuing a credit card. Recently I received a notification from the post office about a registered letter with a simple notification addressed to me from Russian Standard Bank. On 05/13/2015 I received this letter, which is noted in the notification sent to the bank.
The text of the letter said that Russian Standard Bank was very saddened by the situation with the Central Bank raising the key rate, and that under my current loan agreement it was forced to change the interest rate upward. The bank invites me to accept the terms of the new tariff plan on which I will be serviced. The condition for accepting the new service rules is only any operation on the card, except for replenishing it, starting from the period 04/27/2015 to 12/31/2015.
Since I received a letter with a supposed offer to choose other loan terms only on May 13, 2015, I had no way of knowing that any transaction on the card, except for replenishment, would be automatically accepted by the bank as my consent to change the original terms of my loan agreement, naturally I made debit transactions on the card in the period from 04/27/2015 to 05/13/2015, without having any idea that this would be considered by the bank as my consent to change the terms of the loan. On the same day, when I received the registered letter, I went to the Internet bank and checked my tariff plan, which had already been changed by the bank to TP 551.
I consider the bank’s actions to be unlawful, since the bank unilaterally changed the terms of my loan agreement; I did not give written consent to the change.
And I received the notification that my actions on the card starting from May 27, 2015 will be considered by the bank as consent to change the conditions much later than the start of the period for calculating the period for accepting the bank’s new conditions, thereby the bank violated Article 29 of the Federal Law “On Banks and Banking Activities” ", according to which, a credit institution does not have the right to unilaterally change interest rates on loans, as well as change the procedure for determining them, including determining the amount interest rate on a loan depending on changes in the conditions stipulated in the loan agreement.
In addition, paragraph 4 of the same article prohibits banks from shortening the term of a loan agreement, increasing the amount of interest and changing the procedure for determining it, as well as increasing and even establishing commission fees for transactions under such loan agreements.
And if for some reason I had not received this letter at all, I would have had no idea at all about the bank’s changes to my credit conditions. The bank acted very cunningly, making it seem like it notified me and made an offer to confirm its consent to accept the new conditions by its own actions. However, if I do not want to accept the bank’s new conditions, I should not use the card or terminate the agreement and return all funds to the bank at once. Naturally, in such conditions created by the bank, many of its clients simply do not receive notification on time, make transactions using the card, and the bank, at its discretion, changes the terms of the agreement for them.
Tariff plan TP 7-n The tariff plan is Appendix No. 1 to the APPLICATION FOR PROVIDING CONSUMER LOAN No. ____________________ ____________ (date) ARTICLE/NAME OF THE TARIFF Currency of the Account TARIFF RATE Russian Rubles 1. Fee for issuing and servicing the Card, incl. issuance of a Card due to the expiration of a previously issued Card: 1.1. Main card1 3,000 rubles 1.2. Additional card (including NFC bank card)2 1,500 rubles 2. Account maintenance fee 100 rubles3 (if the balance of own funds on the Account is less than 100 rubles, then the amount of the fee charged is equal to the balance of own funds on the Account; if There is no balance of own funds on the Account, then there is no fee for maintaining the Account) 3. There is no fee for issuing/re-issuing a personal identification number for the Card (PIN) to the Client 4. There is no fee for Blocking the Card/Unblocking the Card at the Client’s request 5. There is no fee for paying for goods (property/work/services/results of intellectual activity) using the Card (its details). 6. Fee for re-issuing the Card in case of loss (loss/theft/seizure): 6.1. The main card is not charged 6.2. There is no charge for an additional card 7. Application fee front side Cards Custom designed upon initial release of Card4: 7.1. The main card is not charged 7.2. No additional card is applicable 8. Fee for decorating the front side of the Card with a design selected by the Client from the Card Design Gallery upon initial issue of the Card4: 8.1. The main card is not charged 8.2. There is no charge for an additional card 9. Fee for changing, at the Client’s request, the design of the front side of the Card to a Standard design or a design selected by the Client from the Card Design Gallery, or an Individual design (when issuing a Card due to the expiration of a previously issued Card or when re-issuing a Card by for any reason) 4: 9.1. The main card is not charged 9.2. No additional card is charged 10. Cash service: 10.1. Cash withdrawal fee5: 10.1.1. at ATMs and cash points of the Bank 3.9% (minimum 200 rubles) 10.1.2. at ATMs and cash dispensing points of other credit institutions 3.9% (minimum 200 rubles) 11. Fee for sending the Invoice-statement on paper to the address of the actual residence of the Client6 12. The amount of interest accrued on the balance of funds on the Account, not per annum accrued 13. Penalty Determined in an amount equal to the total amount of fees and commissions payable in the corresponding Calculation period, but unpaid (but not more than 1000 rubles for the corresponding Calculation period)7 14. Fee for crediting to the Account funds received by the Bank as a result transfer of electronic funds, or return of the balance (part thereof) of electronic funds, or transfer of funds without opening a bank account from the accounts of legal entities - electronic money operators/money transfer operators specified in section 3 of the Tariffs8 14.1. up to 2 (two) Operations for crediting funds to the Account (inclusive) reflected on the Account within one business day are not charged 14.2. 3 (third) and all subsequent Operations for crediting funds to the Account reflected on the Account within one business day 5% 15. Fee for the transfer of funds from the Account carried out by the Bank on the basis of Electronic orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank and signed by the Client using the Remote Service System9: 15.1. to accounts opened with other credit institutions in the Russian Federation (except for transfers specified in clause 15.4. of this Tariff Plan) 3.9% (minimum 200 rubles) 15. 2. to accounts opened with the Bank 3.9% (minimum 200 rubles) 15.3. budgets of all levels and state extra-budgetary funds are not charged taxes, fees and other obligatory payments 15.4. in favor of legal entities: 15.4.1. the Tariffs specified in section 4 are not charged 15.4.2. specified in section 5 of the Tariffs, in order to increase the balance of electronic funds by 3.9% (minimum 200 rubles) 15.5. in order to increase the balance of electronic funds accounted by the Bank 3.9% (minimum 200 rubles) 15.6. for the purpose of making a PayPal Transfer (in accordance with the Additional Terms for Making PayPal Transfers) 3.9% 16. Fees for transferring funds from the Account carried out by the Bank are not charged on the basis of Electronic Orders confirmed by entering a PIN, generated and transmitted to the Bank using the Bank’s ATMs , with the exception of transfers specified in articles 18 and 19 of this Tariff Plan 17. Fee for the transfer of funds from the Account, carried out by the Bank on the basis of written applications from the Client, executed in the Bank's divisions10: 17.1. to accounts opened with other credit institutions in the Russian Federation 3.9% (minimum 200 rubles) 17.2. to accounts opened with the Bank 3.9% (minimum 200 rubles)11 17.3. budgets of all levels and state extra-budgetary funds for the payment of taxes, fees and other obligatory payments are not charged 18. Fee for transferring funds in rubles of the Russian Federation, carried out using the Card (its details) according to the number of the payment (bank) card issued in the territory Russian Federation, within international system MasterCard Worldwide/ Visa International/ American Express/ Diners Club International on the basis of Electronic Orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank and signed by the Client using the Remote Service System, and/or on the basis of Electronic Orders generated by entering a PIN and transferred to the Bank using the Bank's ATMs, and/or on the basis of electronic documents generated and transferred to the Bank using the Bank's website www.rs-express.ru on the Internet12: 18.1. by the number of a payment (bank) card issued by a credit institution 3.9% (minimum 200 rubles) (not the Bank) within the international system MasterCard Worldwide/Visa International 18.2. by the number of the payment (bank) card issued by the Bank within the international system MasterCard Worldwide/ Visa International/ American Express/ Diners Club International 3.9% (minimum 200 rubles) 19. Fee for transfer of funds made using the Card (its details ) by the number of a payment card issued by a foreign issuer outside the Russian Federation, within the framework of the MasterCard Worldwide/Visa International international system, on the basis of Electronic orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank, and signed by the Client using the Remote Service System , and/or on the basis of Electronic orders confirmed by entering a PIN, generated and transmitted to the Bank using the Bank's ATMs, and/or on the basis of electronic documents generated and transmitted 2% (minimum 50 rubles) to the Bank using the Bank's website www.rs- express.ru on the Internet12 20. Commission for participation in the Program of JSC "Russian Standard Bank" for organizing insurance of Clients, monthly13 0.8% 21. Commission for participation in the Program of JSC "Russian Standard Bank" for organizing insurance of financial risks "Insurance from involuntary loss of work", 150 rubles monthly14 22. Commission for participation in the Program of JSC "Russian Standard Bank" for organizing insurance of financial risks "Insurance against involuntary loss of work" 300 rubles (extended), monthly 14 23. Commission for participation in the Program of JSC " Russian Standard Bank" for organizing 100 rubles of financial risk insurance "Protection against fraud", monthly 14 24. Commission for participation in the Program of JSC "Russian Standard Bank" for organizing 100 rubles of financial risk insurance "Insurance of personal belongings", monthly 14 25. Commission for participation in the Program of Russian Standard Bank JSC for the organization of 100 rubles of accident insurance, monthly 14 26. Fee for the provision of the SMS service, monthly: 26.1. There is no charge for Service Activation 26.2. There is no monthly fee for providing information about Transactions made using the Card 26.3. no fee will be charged for providing other information 27. Grace period for lending up to 55 days 15 I, the undersigned, confirm that I have read, understand and fully agree with the contents of the Tariff Plan TP 7-n. Client_____________________________________________ ________________ “___” _______20__ Last name, first name, patronymic (in full) (signature) 1 Accrued and payable for each year of servicing the Main Card. It is first accrued and payable in the year of servicing the Main Card in which the first Transaction using the Main Card was reflected on the Account, including for all previous years of servicing the Main Card (if any). For the year of servicing the Card in which the first Transaction using the Main Card was reflected on the Account, as well as for all previous years of servicing the Main Card (if any), is accrued and payable on the first day of the calendar month following the month in which The first Transaction using the Main Card was reflected in the account. For each subsequent year of servicing the Main Card, it is accrued and payable on the date corresponding to the first day of the calendar month following the month in which the Account was opened. The year of service of the Main Card is considered equal to one year, and the counting of the years of service of the Main Card begins from the date of opening the Account. 2 For each Additional card. Accrued and payable for each year of servicing the Additional Card. It is first accrued and payable in the year of servicing the Additional Card in which the first Transaction using the Additional Card was reflected on the Account, including for all previous years of servicing the Additional Card (if any). For the year of servicing the Additional Card, in which the first Transaction using the Additional Card was reflected on the Account, as well as for all previous years of servicing the Additional Card (if any), is accrued and payable on the first day of the calendar month following the month in which the first Transaction using the Additional Card was reflected on the Account. For each subsequent year of servicing the Additional Card, it is accrued and payable on the date corresponding to the first day of the calendar month following the month corresponding to the month in which the validity period of the Additional Card began. The year of servicing the Additional Card is considered equal to one year, and the counting of the years of servicing the Additional Card begins from the first day of the month in which the validity of the Additional Card began. The issuance of an NFC bank card is provided only within the international system MasterCard Worldwide. 3 Fees are charged in the absence of a valid Agreement consumer loan monthly on the end date of the Accounting period at the expense of the Client’s own funds, provided that more than 2 (two) years have passed from the date of reflection on the Account of the last Operation (except for Operations where the Bank debits the Account maintenance fee from the Account) to the date of collection of such fee. If, after collecting the fee for maintaining the Account, any Transaction is reflected on the Account (with the exception of Transactions where the Bank debits the fee for maintaining the Account from the Account), then the collection of the fee for maintaining the Account will be terminated until the occurrence of the circumstances specified in the first sentence of this footnote. 4 If the Card is an NFC bank card, then the Bank does not provide the Client with the opportunity to design the front side of such a Card with a design selected by the Client from the relevant Card Design Gallery and/or an Individual design. 5 Calculated from the amount of the expenditure Transaction for the issuance of cash and is subject to payment on the date of reflection of such Transaction on the Account. Cash issuance is provided in an amount not exceeding 500,000 rubles of the Russian Federation within one calendar month. 6 Accrued and payable on the first day of the Billing Period following the Billing Period, based on the results of which an Invoice Statement is generated, to be sent to the Client on paper at the address of actual residence. The fee is accrued and payable in relation to each Invoice-statement to be sent to the Client in accordance with the Terms on paper at the address of actual residence. 7 Payable on the first day of the Billing Period following the relevant Billing Period in which the fees and charges in respect of which the penalty is due were due and payable. 8 Calculated from the amount of each Operation for crediting funds to the Account and is payable on the date such Operation is reflected on the Account. The fee includes VAT 18%. 9 Calculated from the transfer amount and payable on the date the corresponding Transaction is reflected on the Account. The fee is not charged and is not payable in relation to transactions carried out on the basis of Electronic Orders generated (drawn up and executed) by the Client or on behalf of the Client by the Bank and signed by the Client using the Remote Service System: · for the transfer of funds in favor of a Limited Liability Company Non-Banking credit organization "Rapida" (125190, Moscow, Usievicha str., 20, building 2, contract number 30103810200000000290 in Branch 1 of the Main Directorate of the Central Bank of the Russian Federation for the Central federal district Moscow, BIC 044583290, INN 7744000775, OGRN 1037700111679, OKPO 56658214); · for the transfer of funds in favor of LLC CB "PLATINA" (123610, Moscow, Krasnopresnenskaya embankment, 12., account 47423810400002000170 in LLC CB "PLATINA", account 30101810400000000931 in Branch 2 of the Main Directorate of the Central Bank of the Russian Federation Federation for the Central Federal District of Moscow, BIC 044585931, INN 7705012216, OGRN 1027739881091, OKPO 17529288). 10 Calculated from the transfer amount and payable on the date the corresponding Transaction is reflected on the Account. 11 This rate does not apply to the transfer of funds by order of the Client contained in the Application to pay the cost of services under the agreement for the provision of the “Subscription” service concluded between the Client and Russian Standard Credit Bureau LLC. 12 Calculated from the transfer amount and payable on the date the corresponding Transaction is reflected on the Account. 13 From the amount of the loan provided by the Bank to the Client under the Consumer Loan Agreement (if any), as of the start date of the Billing Period. The commission is accrued and payable on the start date of the Settlement Period in which the Client participates in the specified program and in which the Bank arranges insurance for the Client. The commission amount includes VAT 18%. 14 The Commission is accrued and payable on the start date of the Settlement Period in which the Client participates in the relevant program and in which the Bank arranges insurance for the Client. The commission amount includes VAT 18%. 15 The grace period for lending expires after 55 (fifty-five) calendar days from the start date of the Settlement period in which the Bank provided the Client with a loan in accordance with the Consumer Loan Agreement (if any) to reflect the relevant expense transactions on the Account, namely on the date following the end date of the credit grace period specified in the Statement Invoice issued based on the results of the corresponding Calculation period. The grace period for lending applies to the loan provided by the Bank to the Client under the Consumer Loan Agreement (if any) to reflect on the Account all debit transactions, with the exception of debit transactions for the issuance of cash.
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