1. GENERAL PROVISIONS
1.1. Implementation of general conditions on the provision of services of the branch
1.1.1. The general conditions on the provision of services of BIGBANK AS branch (hereinafter General conditions of the branch) establish the main principles and conditions for the legal relations between branch and natural or legal persons (hereinafter: Customer or Customers).
1.1.2. In addition to the General conditions of the branch, the branch and the Customer shall proceed in their relations from the legislation of the Republic of Lithuania, the contracts concluded between the branch and the Customer, including the main conditions (hereinafter Main conditions of the contract) and the general conditions applicable to the contract (hereinafter General conditions of the contract), the price list of the branch (hereinafter Price-list), good banking practise and the principles of good faith and reasonability.
1.1.3. The General conditions of the branch, General conditions of the contract and the Price-List are available for examination in the client service departments of the branch; the General conditions of the branch and the Price-List are also available on the website of the branch.
1.1.4. The General conditions of the branch shall be applied to all legal relations between the branch and the Customer. It is considered that the Customer has agreed with the General conditions of a branch when the Customer starts to use branch services.
1.1.5. Upon a conflict between the General conditions of the branch and the General conditions of the contract, the provisions of the General conditions of the contract shall apply.
1.1.6. Upon a conflict between the General conditions of the branch, the General conditions of the contract, the Price-List or the Main conditions of the contract, the provisions of the Main conditions of the contract shall be applied.
1.1.7. Upon a conflict between the texts in Lithuanian and foreign languages of the General conditions of the branch, the General conditions of the contract, the Main conditions of the contract and the Price-List, the text in Lithuanian shall be applied.
1.1.8. If any of the provisions of General conditions of the branch, General conditions of the contract, Price-list contradicts imperative regulations of legal acts of the Republic of Lithuania, this condition shall not be applied and the respective law will be implied for the branch and the Customer relations instead of such condition; all other regulations of the General conditions of the branch, General conditions of the contract, and a Price-list shall be valid.
1.2. Establishment and amendment of the General conditions of the branch, the General conditions of the contract and the Price-List
1.2.1. The General conditions of the branch, the General conditions of the contract and the Price-List shall be established by the branch.
1.2.2. The Main conditions of a specific contract shall be established by the agreement between the Customer and the branch.
1.2.3. The branch has the right to unilaterally amend the General conditions of the branch, the General conditions of the contract and the Price-List, whereas the General conditions of the contract can be changed by the branch unilaterally only due to the changes in court practice, supervision institutions indications and in legal acts of the Lithuanian Republic (i.e. Lithuanian Republic Parliament, Government or Lithuanian Bank has accepted new legal acts regulating lending relations or the activities of credit institutions), in order to change General conditions of the contract that are in contradiction to newly accepted legal acts, court practice or supervision institutions' indications, but also due to the need to specify and clarify the clauses of General conditions of the contract, at the same time not implementing additional obligations to the Customer.
1.2.4. The branch shall notify the Customers in advance about the amendment of General conditions of the branch, the General conditions of the contract or the Price-List, by presenting information not later than 15 calendar days prior to the date when these changes come into force, by presenting information to the Customers about the amendments in the branch's selected way: in client service departments of the branch, and/or publishing information on the branch website, and/or by other telecommunication devices, and/or internet banking tools, and/or in a daily newspaper indicated in the branch statutes, and/or by other public information measures, and/or by regular mail, and/or e-mail, and/or by fax, and/or by telephone, verbally and/or by other means. If the Customer shall not agree to the amendments of General conditions of the branch, the General conditions of the contract or the Price-List, the Customer has a right to terminate the contract related to the corresponding amendment before entry into force of the amendments, by notifying the branch within the time period specified in this clause in writing or in any other manner agreed upon and performing beforehand all the obligations arising from the contract.
1.2.5. In substantiated events, the branch has the right to unilaterally change the Price-list without prior notice. In this case the branch shall immediately inform the Customers of the amendments in branch client service departments, in the branch website or otherwise (e.g. in a daily newspaper indicated in the branch statutes) and the Customer has the right to terminate contract related to the corresponding amendments with immediate effect by promptly notifying the branch thereof in writing or in any other manner agreed upon and by performing beforehand all the obligations arising from the contract.
1.2.6. The term for prior notification specified in clause 1.2.4 of the General conditions of the branch shall not apply and the Customer may not cancel the contract in connection with the unilateral amendment of the conditions if the amendments do not limit the rights of the Customer in comparison to the earlier conditions and do not create additional obligations and do not worsen the condition of the Customer otherwise (e.g. reduction of the service fees, making other conditions more favorable for the Customer, amendments resulting from the addition of new services, amendments derived from the changed legislation etc.).
1.2.7. Upon unilateral amendment of the General conditions of the branch, the General conditions of the contract and the Price-List, the branch has the right to provide the Customers with a possibility to apply the current conditions or Price-list in a contractual relationship with the Customer, if this is reasonably possible in the opinion of the branch, considering the content of the amendments. The branch shall notify the Customers of providing such a possibility in a notice published on the amendments. In such case the Customer may not terminate the contract in connection with the unilateral amendment of the conditions, except in the event if the branch refuses to satisfy the application submitted by the Customer for the application of the current condition. The corresponding Customer's application shall be submitted to the branch in the same form and during the same time period as provided in clauses 1.2.4 and 1.2.5 for submission of the contract termination notice.
1.2.8. If the Customer has not cancelled the contractual relations on the terms and conditions specified in clauses 1.2.4. and 1.2.5. of the General conditions of the branch or if the Customer has not submitted an application specified in clause 1.2.7 to apply the current conditions or Price-list to the contract concluded with the Customer, the Customer is deemed accepted the amendments and/or supplements and does not have any claims to the branch arising from the amendments to the General conditions of the branch, the General conditions of the contract or the Price-List.
2. IDENTIFICATION OF CUSTOMERS
2.1. Identification
2.1.1. The branch has the right to demand and the Customer and/or his/her representative are required to submit to the branch the data and the documents acceptable by the branch to establish his/her identity.
2.1.2. The identity of the Customer who is a natural person shall be established on the basis of an identity document acceptable by the branch pursuant to legislation.
2.1.3. Legal person shall be identified on the basis of a valid extract or registration certificate of the corresponding register and/or other documents requested by the branch.
2.1.4. The branch, protecting the Customer interests, shall have a right to refuse to accept from the Customer easily falsified identification documents or the documents, which, in the branch's opinion, have not enough data to determine personal identity.
2.1.5. Upon the consent of the branch, the identity of the Customer or his/her representative may be established also through the technical or communication channels (e.g. computer, phone) with the help of a certificate enabling electronic identification and/or by the password submitted by the Customer and verified by the branch.
2.1.6. The branch has a right to use legal measures to check the identity of the Customer and/or its representative itself.
2.2. Representation
2.2.1. A natural person may make transactions personally or through a representative. A legal person shall make transactions through a representative.
2.2.2. Upon the request of the branch, the Customer who is a natural person is required to make the transaction personally.
2.2.3. The branch is not obligated to accept a document certifying the right of the representation if the right of representation is not expressed unambiguously and understandably.
2.2.4. The Customer representative shall be obliged to present a document, which certifies representation rights and scope of these rights of the representative for the branch. The branch shall have a right to check the authorisation and personal identification of the Customer's representative; branch has a right temporarily not perform the operations initiated by the Customer representative during the control period.
2.2.5. If a particular branch operation on behalf of the Customer shall be initiated by the Customer representative, the branch shall have a right to contact the Customer in order to receive the Customer's approval for the operation initiated by the Customer's representative, in case, in the branch opinion, such an approval shall be necessary to protect the Customer's interests. The Customer shall not announce claims in case the branch shall not be able to contact the Customer and to receive the Customer's approval and therefore the operations initiated by the Customer's representative were not implemented.
2.2.6. A document certifying the right of representation must be in a form acceptable to the branch. The branch may demand that an authorisation document certifying the right of representation, must be notarized.
2.2.7. The Customer is required to inform the branch of the cancellation of an authorisation document or its declaration as invalid, even if corresponding announcement was provided by the Customer to public registers and/or published in public newspapers. Until such information shall be provided to the branch it shall be considered that the authorisations of the Customer's representative are appropriate and valid unless the branch knew and was obliged to know about the change or termination of the authorisations.
2.3. Requirements for the documents
2.3.1. When concluding, implementing or terminating the contract a Customer shall be obliged to present the documents indicated by the branch.
2.3.2. The Customer shall submit to the branch the original documents, notarized or equally certified copies of the documents.
2.3.3. To establish identify of a natural person, the original identity document shall be submitted.
2.3.4. The branch has the right to assume that identity document submitted by the Customer is authentic, valid and true.
2.3.5. The branch may demand that the documents issued in a foreign country, be legalized or certified by a certificate replacing legalization (apostille) unless otherwise determined by an international agreements.
2.3.6. In the event of documents in foreign languages, the branch may demand that the documents be translated into Lithuanian or other language acceptable by the branch. The translation must be certified by a sworn translator, and translator's signature confirmed by a notary. The branch shall not compensate for the expenses related to the aforementioned operations.
2.3.7. The branch has the right to make a copy of the documents submitted by the Customer or, if possible, have original of the presented document. The branch is entitled not to return documents presented by the Customer for applying for branch services (e.g. application itself, bank account statements, real estate evaluation acts etc).
2.3.8. If the branch has any doubts as to authenticity of the submitted document, the branch may refuse to perform the transaction and demand the submission of additional documents.
2.3.9. The branch shall have a right to turn to other persons, as well as state institutions with a request to present their available information about the originality of the documents presented to the branch and the originality of their content. The Customer agrees that the branch turns to other persons with regard to the authorisation documents presented to the branch, verification of other documents and their indicated information. The branch has right not to carry out any transactions until the above mentioned information is received.
2.4. Signature
2.4.1. The branch shall accept the signature written by the Customer or his/her representative in own hand, and also codes passed electronically or orally in the events agreed upon in the contract.
2.4.2. The branch may demand that the Customer's or it's representative's signature be given in the branch or, should it be impossible, that that signature be notarized.
2.4.3. Upon the consent of the branch, the documents may also be signed electronically.
2.4.4. Electronic signatures have the same legal consequences as signatures given in own hand.
3. CONCLUSION OF THE CONTRACT AND SECURING OF CLAIMS
3.1. Conclusion of contract
3.1.1. Relations between the Customer and the branch shall be regulated by contracts, which are in a written form or electronic form unless the law has provided a mandatory form for the contract.
3.1.2. The precondition for the conclusion of the contract shall be that the branch and Customer have reached an agreement on the Main conditions of the contract and the Customer has accepted the General conditions of the branch, the General conditions of the contract and the Price-List.
3.1.3. The branch may refuse to provide services to a person, inter alia, to conclude a contract with a person or a legal person related to him/her, above all, in cases where:
3.1.3.1. Customer is intoxicated by alcohol or drugs or if the representative of the branch doubts for any other reasons that the Customer does not understand the meaning of his/her acts or possible consequences thereof;
3.1.3.2. Customer has deliberately or due to gross negligence submitted to the branch or a person within the same consolidation group with the branch incorrect or incomplete data or refuses to submit the data;
3.1.3.3. Customer has not submitted to the branch or a person within the same group with the branch, sufficient data or documents for establishing identity or for certifying the legal origin of monetary means or a doubt of money laundering or terrorism has arisen for any other reason;
3.1.3.4. Customer is subject to the implementation of the measure of the international sanction arising from the resolutions of the Government of the Republic of Lithuania which prohibits the conclusion of a transaction with such a person;
3.1.3.5. Customer has failed to perform his/her obligations to the branch or a person, within the same group with the branch;
3.1.3.6. Customer acts or failure to act has caused damages or a real threat of damage to the branch or a person, within the same group with the branch;
3.1.3.7. Customer is related to a criminal organization according to the data of an investigation or supervisory agency;
3.1.3.8. A document submitted by Customer to the branch has characteristics of forgery or it does not correspond to the requirements of the branch for any other reasons.
3.1.4. The branch also has the right to refuse to conclude the contract for any other good reasons, in particular if the conclusion of the contract is obstructed by any legal obstruction such as restriction on active legal capacity, contradictory nature or absence of the right of representation.
3.1.5. Upon adopting a resolution on the refusal to conclude the contract, the branch shall thoroughly consider the facts of each individual case and shall make a decision based on the principle of reasonability, but the branch shall not be obligated to indicate the reasons for refusal, unless the legal acts of the Republic of Lithuania do not indicate otherwise.
The branch may perform transactions and operations of certain type only on the banking day.
3.1.6. The banking day is understood as a calendar day which is not Saturday, Sunday or a non holiday day.
3.2. Securing of claims of the branch
3.2.1. The branch has the right to demand from the Customer a guarantee to secure the due performance of all the contractual obligations of the Customer. If the guarantee is required by the branch, the Customer shall be obligated to bear all the costs related to concluding, changing, terminating and registering the required guarantees (e.g. notary fees, state fees).
3.2.2. The branch has the right to demand from the Customer a guarantee or an increase the existing guarantee if the conditions being the basis for the relations between the branch and the Customer have changed and it influences or may influence the due performance by the Customer of his/her obligations. Such changes are, above all:
3.2.2.1. aggravation or a threat of aggravation of Customer's economic condition;
3.2.2.2. impairment or a threat of impairment of the value of the existing guarantee;
3.2.2.3. other circumstances, which influence or may influence the due performance of the obligations.
3.2.3. The branch has the right partially to release the guarantee or replace it, upon the corresponding application by the Customer, if a value of the guarantee given by the Customer to the branch continuously exceeds the amount of the claims of the branch.
4. BANK SECRET AND PROCESSING OF CUSTOMER'S PERSONAL DATA
4.1. Maintenance of bank secret
4.1.1. The branch is required to maintain in secret all data specified as the bank secret in legislation.
4.1.2. Upon disclosing the bank secret or in other cases of processing of the Customer's data, the branch shall proceed from the provisions of the General conditions of the branch and the legislation.
4.2. Customer's consent to processing of personal data
4.2.1. By entering into transactional relations with the branch or by expressing the corresponding wish, the Customer gives the branch the consent to the processing (i.e. for collection, storage, preservation, change, organization, use, making of inquiries or excerpts, deletion, forwarding, etc) of his/her personal data for the purposes, to the extent and pursuant to the procedure provided in the General conditions of the branch.
4.2.2. The branch may process the Customer's personal data without the consent of the Customer if the data is processed:
4.2.2.1. for concluding and performing a contract to which the Customer is a party to;
4.2.2.2. for protecting vital interests of the Customer;
4.2.2.3. for the performance of the obligations arising from legislation (e.g. the performance of the obligations arising from the law of the Republic of Lithuania on the prevention of money laundering and terrorist financing, replying to the inquiries of the administrative agencies or persons, etc);
4.2.2.4. it is needed to administer for the legitimate purposes pursued by the branch or by a third party to whom the personal data are disclosed, unless such interests are overridden by interests of the Customer.
4.3. Objectives of processing administered personal data
4.3.1. The Customer is informed and agrees that additionally to the purposes named in sub clauses of article 4.2.2, the branch shall administer the personal data of the Customer for the following purposes:
4.3.1.1. for identification of the Customer and for verification of Customer's presented data and information that is needed to conclude contract and/or to provide service, except special categories personal data;
4.3.1.2. for deciding upon granting the financial services applied by the Customer;
4.3.1.3. for purpose to communicate to the Customer the information related to the contract, informing Customer about offers and advertisements concerning the products of the branch or of the branch group companies or of the cooperation partners of the branch which are referred on the webpage of the branch www.bigbank.lt,
4.3.1.4. to assess the competence of the Customer, in order to offer and provide a suitable financial service;
4.3.1.5. to asses the Customer's activity risk, solvency, the risk of non-fulfillment of obligations also to perform analysis and supervision of indebtedness, creditworthiness, financial obligations, income and property of the Customer;
4.3.1.6. to prevent money laundering and terrorism financing;
4.3.1.7. to perform and to secure the performance of the contract and to protect the legitimate rights of the branch;
4.3.1.8. to make statistical studies and analyses of the market shares of customer groups, products, services and other financial indicators.
4.3.2. The Customer also agrees that when the branch does not accept positive decision to provide a credit or other financial services for the Customer, the branch shall save and use the Customer's data according to the period indicated by the branch but not longer than 12 months.
4.4. Disclosing of Customer personal data and forwarding thereof to third parties
4.4.1. The data administrator of the Customer's personal data is branch. The Customer is informed and agrees that branch is entitled to disclose and forward Customer information to the following persons:
4.4.1.1. legal persons within the same group as the branch to establish the identity and assess the reliability of the Customer, for composing the group level financial reports and analysis, in order to apply the diligence measures in money laundering and terrorist financing prevention on group level; the list of persons belonging to the branch's group is available on the branch's website www.bigbank.lt ;
4.4.1.2. persons who are related to the branch by a contract or provision of service (e.g. the surety, owner of the security, notaries, providers of communication, printing, IT and postal services, registrars of payment disorder registers, providers of debt collection services, etc.);
4.4.1.3. other credit institutions, to assess the credit risk of the Customer, implement the responsible borrowing principle and to apply the diligence measures specified in the law of the Republic of Lithuania on the prevention of money laundering and terrorist financing;
4.4.1.4. upon assignment of the right of claim to a new creditor;
4.4.1.5. other third party in connection with the need of the branch to protect its violated and disputed rights;
4.4.1.6. persons to whom the branch is entitled or required to forward the data pursuant to legislation (e.g. supervisory authorities, State Tax inspection, courts, bailiffs, etc.);
4.4.1.7. if the Customer has violated its obligations arising from the contract concluded between the Client and the branch, the branch has the right to forward the data related to violation of the contract (e.g. amount of debt, number of overdue days, etc.) to persons who have in written form expressed their will to fulfill the contractual obligations instead of a Customer; also the branch has the right to contact third persons (e.g. relatives, employers) in order to find out the location and other contacts of the Customer who is in breach of contract and is not reachable for the branch through the contacts given by the Customer;
4.4.1.8. to third parties, that administers joint debt data files, in order to disclose the data concerning violation of the contract in the relevant registers.
4.4.2. The branch shall disclose and forward the data of the Customer to third parties only to the extent as reasonably necessary based on the objective of disclosing or forwarding the data (e.g. only the data related to violation of the contract shall be forwarded to the persons who administer joint debt data files).
4.5. Receipt of Customer personal data
4.5.1. The Customer gives consent to the branch, in 4.3. article defined purposes, to receive information about Customer from:
4.5.1.1. credit institutions and financial companies, governmental and private organizations (enterprise, institution and other), also public state registers, companies, who administer joint debt data files, telecommunication companies, communal services providers, debt collection companies, insurance companies;
4.5.1.2. in laws and in other Lithuanian Republic legislation defined registers and persons that administer data bases;
4.5.1.3. other third parties (e.g. verification of the existence of the employment relationship from the employer disclosed by the Customer) and the databases, which are legally accessible to the branch, and public sources (e.g. data from Creditinfo, database of the real estate register, residents register service etc.).
4.6. Recording of data of Customer
4.6.1. The branch may store all the transactions made by the Customer through communication means (phone, computer network), i.e. to record the personal data with the objective to assess the work quality of the customer service, effectively and objectively solve any possible complaints of the Customer and certify, if necessary, the operations and declarations of intention made by the Customer through the communication means.
4.6.2. In order to ensure security, the branch shall observe and record, with the help of surveillance equipment, people, things, activities and etc., on the territory used by branch. The data collected in this manner shall be processed by the branch itself and forwarded to third persons only if it is necessary based on the purpose of collecting the data.
4.7. Rights of the Customer related with the processing of personal data
4.7.1. The Customer has the right to receive from the branch the information on personal data collected on them and the information on processing such data, unless otherwise provided by law. The branch shall issue the data/information to the Customer, or will give reasons due to refusal to issue data/information within 30 calendar days as of the receipt of the corresponding Customer's application.
4.7.2. The Customer has the right according to Lithuanian Republic legislation to get acknowledged with his personal data and to claim to correct incorrect, incomplete and inaccurate personal data.
4.7.3. If Customer after acknowledgment of his personal data notifies the branch that his personal data is incorrect, incomplete and inaccurate, the branch shall immediately check Customer's data and immediately to amend incorrect, incomplete and inaccurate personal data and (or) stop the administration actions of these personal data, except preservation. Also the branch shall destroy illegally and unfairly obtained personal data or to stop the administration actions of these personal data, except preservation. The branch shall immediately inform the Customer about completed actions (correction of personal data, destruction or suspension of administration actions of personal data) in respect to the Customer's application, also about the actions that were not performed. The branch may refuse to satisfy the claim of the Customer if it is not substantiated, grounded or circumstances provided by law exist for refusal.
4.7.4. The Customer has the right to withdraw at any time without presenting any motives, whether partially or fully, the consent given for processing the personal data, for the purposes of direct marketing, also the transfer of the data to third parties who wish to use them for direct marketing. The Customer shall notify the branch of the withdrawal of the consent in written, orally, or other form. The Customer shall is obligate to prove the fact of informing the branch about the aforementioned withdrawal. The withdrawal of the consent does not have a retroactive effect.
4.7.5. If the Customer finds that his/her rights have been violated upon the processing of personal data, the Customer may apply to the branch or the State Data Protection Inspectorate or a court with a claim for the termination of the violation.
4.7.6. If the rights of the Customer have been violated upon processing the personal data, the Customer may demand compensation for caused damage on the basis and pursuant to the extent provided by law.
4.7.7. The listing of the Customer's rights in the General conditions of the branch shall not limit the performance of other possible rights of the Customer arising from legislation in connection with the processing of the personal data.
5. EXCHANGE OF INFORMATION
5.1. Provision of information by the branch
5.1.1. The branch shall provide to the Customer notifications and information in the manner selected by the branch: in client service departments of the branch, and/or publishing information on the branch website, and/or by other telecommunication devices, and/or internet banking tools, and/or in a daily newspaper indicated in the branch statutes, and/or by other public information measures, and/or by regular mail, and/or e-mail, and/or by fax, and/or by telephone, verbally and/or by other means.
5.1.2. Unless it arises otherwise from the corresponding information, the information provided by the branch to the Customer shall not be considered as the proposal or advice to make a transaction.
5.1.3. Personal notices which the branch has sent to the Customer shall be considered as received by the Customer if the time period, which has passed from sending of the notices to the contact address or number of Customer or a person entitled to receive the notices is such as is usually necessary for communicating the notice through the corresponding means of communication, unless another time period is provided for by the General conditions of the contract or Main conditions of the contract.
5.2. Provision of information by the Customer
5.2.1. The Customer shall be obliged to present to the branch information to the contacts indicated by the branch at branch's website; by sending the notices by ordinary mail or presenting it to the representative of the branch; or in other way agreed by the parties.
5.2.2. If the Customer has not received notices from the branch, the receipt of which the Customer may assume or whose receipt is agreed upon in the contract the Customer shall immediately notify the branch thereof if the period of time has passed during which the receipt of notice might have been expected.
5.2.3. The Customer is required to immediately verify the correctness of the information contained in the notice received from the branch and, upon detection of any inaccuracies, to immediately submit to the branch objections after the receipt of the notice.
5.2.4. The Customer is required to inform the branch immediately about any circumstances, which influence or may influence the performance of the obligations of the Customer and the branch, including the loss or theft of an identity documents or any other identification means, or the removal thereof from his/her possession that is otherwise contrary to his/her will.
5.2.5. The Customer is required to immediately inform the branch in writing or any other manner agreed upon of any changes in the data fixated in the contract concluded with the branch or the documents submitted to the branch, including any changes in the name, address, office address number of the communication means or e-mail address and the information of the representative, any action, execution or bankruptcy proceeding commenced against the Customer and the declaration of bankruptcy of the Customer. A legal person shall also inform the branch of the transformation, merger, division, commencement of compulsory dissolution or liquidation proceeding of the legal person and its deletion from the register. The branch may demand from the Customer the original documents being the basis of the changes or their notarized copies.
5.2.6. The obligation to provide information also applies in case the information and data specified in clauses 5.2.4 and 5.2.5 are registered in a public register, publicly available publication or are disclosed through mass media.
6. INTERESTS AND SERVICES FEES
6.1. Interests
6.1.1. The Customer shall pay the branch interest for using the finances received from the branch at the rate and on the conditions provided by the contract. The interests payable by the Customer to the branch shall be paid to the conditions provided in the contract.
6.1.2. The branch shall calculate the interest on the basis of the rate which is established for the corresponding service in the Price-list or has been agreed upon in the contract.
6.1.3. The branch has the right to unilaterally change the interest rate and the procedure for calculation the interest. If the interest rate and its calculation procedure have been fixated in the contract, the interest can be changed by the agreement of the parties unless the contract provides otherwise.
6.2. Service Fee
6.2.1. The branch has the right to charge and the Customer has the obligation to pay fee for the provided services by the branch which is specified in the Price-list and/or the contract.
6.2.2. In addition to the costs specified in the Price-list and agreed upon in the contract, the Customer shall bear the costs of the branch which arise from the operations made in the interest of the Customer (including communication costs, notary fees etc) and the costs related to the legal relationship (e.g. the costs for establishing a security, transfer, deletion, insurance and debt collection costs). If this type of expenditure is paid by the branch, then the Customer shall be obliged to compensate branch expenditure upon the first notice from the branch.
6.2.3. For the services not specified in the Price-list, the Customer shall be liable for actual costs of the branch.
6.2.4. If a new currency is introduced instead of the current currency of the transaction relationship, the branch may unilaterally change the currency of the transaction relationship and recalculate the proprietary liabilities into the new currency on the basis of the official exchange rate, unless otherwise regulated in General conditions of the contract concluded between then branch and the Customer or the legislation of the Republic of Lithuania.
6.3. Taxes
6.3.1. If according to the requirements of the legal acts or the agreement with the Customer the branch shall be obliged to pay taxes or other obligatory payments for state, local government or other institutions or persons from the sum paid to the Customer, the branch shall pay a Customer the following sum, which remains after payment of such taxes or obligatory payments.
7. BLOCKING AND ARRESTING
7.1. Blocking
7.1.1. Blocking is an activity as a result of which the right of the Customer to make transactions or other operations (including disposing the property right) has been partially or fully suspended at the initiative of the branch or the Customer.
7.1.2. The Customer is required to give a blocking order to the branch in writing in the client service department of the branch or otherwise as agreed between the branch and the Customer.
7.1.3. Upon granting an oral blocking order, the person giving the order must provide a password; if the latter is missing, the branch has the right to ask the person giving the order question based on the information in the data base of the branch about the Customer who requests blocking, in order to be convinced of the identity. If the branch doubts the identity of the person, the branch may refuse to block the service. In that case the branch shall not be liable for damage caused by refusal to block the service.
7.1.4. The branch has the right to unilaterally block the using of the service, above all, if the branch suspects the Customer of money laundry or financing of terrorism, when the Customer has violated his/her obligations to the branch, the branch has been submitted contradictory information or the data about the persons, which have the right of representation, or the branch has been submitted documentation whose accuracy the branch has grounds to doubt.
7.1.5. The branch shall release the use of the service from blocking if the circumstances being the basis of blocking cease to exist. The branch is not liable for the damage arising from the blocking of the service.
7.2. Arresting
7.2.1. The branch shall arrest the proprietary rights of the Customer in the possession of the branch upon the request of a third party only in the events and pursuant to the procedure provided by law (e.g. upon the order of a bailiff).
7.2.2. The branch shall release the proprietary rights of the Customer in the possession of the branch from arrest on the basis of an order of the person or body who made the arresting decision, order or prescription, or on the basis of a court judgment which has entered into force.
8. CANCELLATION OF THE CONTRACT
8.1. The branch has the right to unilaterally cancel the contract without following the prior notification term if the Customer substantially violates the contractual obligation.
8.2. Substantial violation of the contractual obligation involves, above all, the events when:
8.2.1. the Customer or the person related to the Customer, violates an obligation, the precise performance of which is a precondition for the continuation of the branch's interest in the performance of the contract; such obligations include:
8.2.1.1. upon establishment of the identity, to submit correct, complete and accurate data; also to submit documents to verify the data being the basis for establishing the identity;
8.2.1.2. to inform the branch of changes of the data fixated in any contracts concluded with the branch or fixated in the documents submitted to the branch;
8.2.1.3. to submit accurate data on his/her economic condition, if such information is of significant importance to the branch upon deciding on the grant of credit, acceptance of suretyship or upon other operations;
8.2.1.4. to inform the branch of the aggravation of his/her economic condition or other circumstances, which may obstruct the due performance of obligations to the branch;
8.2.1.5. the Customer or a person related to him/her does not submit upon the request of the branch or a person within the same group with the branch the data and documents certifying the legality of his/her economic activities or legal origin of the finances or other assets in the transaction, uses dummies upon making transactions, or the branch suspects, for any other reason, the Customer or a person related to him/her of money laundering or financing or terrorism;
8.2.1.6. the Customer violates an obligation arising from the contract concluded with the branch or a person within the same group with the branch, as a result of which the branch has grounds to assume that the Customer will not also in the future perform his/her obligations duly (e.g., the Customer has repeatedly delayed in the performance of their obligations);
8.2.1.7. according to a substantiated opinion of the branch, the circumstances which have come to the knowledge of the branch may prevent the Customer from performing his/her obligations duly or may substantially affect the business activities or financial condition of the Customer (e.g. a bankruptcy or liquidation proceeding commenced against the Customer);
8.2.1.8. The Customer has by his/her acts deliberate or due to gross negligence caused damage or a real threat of damage to the branch or a person within the same group with the branch.
8.3. The branch also has the right to unilateral cancellation of the contract in case the Customer has notified the branch of the withdrawal of the consent for processing of the personal data and it is not possible to perform the contract concluded with the Customer without the processing of the personal data.
8.4. Before the extraordinary cancellation of the contract the branch shall thoroughly consider all of the circumstances and shall make a decision based on the principle of reasonability.
9. RIGHTS OF THE BRANCH UPON PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
9.1. To prevent money laundering and financing of terrorism, the branch has the right:
9.1.1. during the concluding or performing of the contract, to request from the Customer additional information on his/her economic activities which would reveal, inter alia, the Customer's exact area of activities, the main contractual partners, turnover, share of cash and no-cash transactions frequency of transactions, etc.;
9.1.2. to request from the Customer any further information in order to find out the origin of money or other assets used in the transactions, including to receive from the Customer documents being the basis of the transaction (such as sales contracts, goods consignment documents, customs documents, invoices, etc.), and/or the data on the counterparty of the transaction or other person related to the transaction;
9.1.3. refuse to make the transaction or return the received finances to the payer if the Customer does not submit upon the request of the branch the documents certifying the legal origin of the finances or other assets used in the transaction;
9.1.4. to regularly verify the correctness of the data, being the basis for establishing the Customer's identity and demand from the Customer the submission of relevant documents.
9.2. The rights specified in clause 9.1 shall not prevent the exercise by the branch of other rights related to the prevention of money laundering and terrorism financing.
10. LIABILITY
10.1.The branch and the Customer shall perform their obligations duly, in good faith, in compliance with due diligence, and considering the customs and practices established between the parties.
10.2.The parties are liable for wrongful non-performance or undue performance of the obligations.
10.3.The parties shall not be liable for violation of the obligations if this is caused by force majeure. Force majeure is understood as being circumstances which the party could not influence, including unlawful disturbance of the activities of the party by third parties (e.g. a bomb threat, bank robbery, etc.), also other events beyond the control of the party (e.g. a strike, moratorium, interruption in electricity supply, general disorder of computer systems, state management institutions illegal or legal actions, etc.)
10.4.The branch shall not be liable for the services and information provided by the third parties through the branch, neither for indirect damage caused to the Customer (e.g. loss of profit, etc.).
10.5.The branch shall not be liable for damage caused by a change in the exchange rate of currency or security, or other investment risks.
10.6.The branch shall not be liable for damage caused by unawareness of the branch of the deficiencies of the active or legal capacity of a legal person or the deficiencies of the active or legal capacity of a natural person.
10.7.The branch shall be liable for damage if it is caused by the intent or gross negligence of the branch.
10.8.The Customer is liable for the performance of the obligation to provide information and for the correctness of the data submitted to the branch.
10.9.Upon non-performance by the Customer of the obligation to provide information, the branch assumes the correctness of the information in its possession and not be liable for damage caused to the Customer and/or third persons due to non-performance of the obligation to provide information.
10.10. The Customer is required to compensate the branch for damage causes by submission of wrong data, non-notification of a change in the data or failure to formulate changes in the required manner.
11. DISPUTE SOLUTION
11.1.Any disputes between the branch and the Customer shall be attempted to be resolved by way of negotiations.
11.2.In the case of a dispute, the Customer shall submit to the branch a claim in writing (by regular post, e-mail, fax) with reference to facts and documents on the basis of which the claim is submitted. If the Customer refers to a document which is not freely accessible by the branch, the document containing the data must be appended to the claim.
11.3.The branch shall examine the claim and notify of its decision at the time pursuant to the procedure and in manner as provided in the contract.
11.4.Upon failure to reach an agreement, the dispute shall be resolved in a court of registration address of the branch unless it arises otherwise from law or the contract.
11.5.The legal relationship between the branch and the Customer shall be governed by the Lithuanian law unless otherwise agreed upon by the branch and the Customer.
