Please read these terms and conditions herein carefully before using Debit Card of Advanced Bank of Asia Ltd., as they shall apply to all transactions involving the use of the debit card.
Most importantly, cardholder is deemed to have accepted unconditionally any and all terms and conditions listed hereunder and shall be bound by them once the ABA Debit Card is used. In these terms and conditions the words “customer”, “cardholder”, “you” mean each and all those who agreed to be bound by this agreement. “ABA”, “We” means Advanced Bank of Asia Ltd whose name appears on these terms that gives all descriptions about the Debit Card, the Debit Card Account, Designated Account or the Account, interest, fees, and other charges and every detail in relation to these terms and conditions of using the Debit Card as follow: 1. Cardholder Application
The cardholder application form for debit card as prescribed by ABA is to be issued to cardholder upon these terms and conditions.
2. Card Services and Commission Charges and Banking Services and Commission Charges
Card Services and Commission Charges is the list of services provided by Card Center of ABA Bank to you and other applicable fee charges shall be imposed to your designed account. Banking Services and Commission Charges is the list of banking services provided by ABA to customer and other applicable fee charges shall be charged from customer. ABA has the right to revise, amend or change all services and other fee charges contain in Card Services and Commission Charges and Banking Services and Commission Charges at any time without prior notice.
3. Payment System
Payment system is referred to system of Visa Worldwide or MasterCard Worldwide or other entities provide license to issue and accept the debit card for payment.
4. Cardholder Membership
Any person to whom a debit card issued by ABA including any renewal, replacement, principle and supplementary debit cards.
5. Designated Account or the Account
Cardholder’s account designated by ABA including savings account or current account (whether alone or join with any other persons) for operation of ABA debit card. The designated account shall be debited, credited or frozen by ABA for the amount of any withdrawal and/or other debit card transactions effected by the use of the debit card via ATMs, POS terminals, Internet and/or in any other manner of communication. Most importantly, cardholder shall maintain sufficient funds in their account to meet any such transaction. Cardholder authorizes ABA to charge the Account as indicated when the Debit Card is used by Cardholder or by any other person. If the debit card is a supplementary card, Account owner hereby specifically authorizes any joint cardholders to use the Account. This Agreement is frilly binding on all joint account holders if Account is owned jointly with another person.
6. Debit Transaction Amount
Any debit card transaction amount presented to ABA for authorization or for payment is subject to be debited from the designated account but it is not a settled amount for the transaction unless it is same as amount billed from Payment System. ABA will extra debit or credit certain amount from or to the designated account regarding to any transaction amount which is unbalance between authorization amount and billed amount from Payment System for transaction settlement. ABA may credit any debited amount for unsuccessful transaction which is not billed to customer’s debit card account for payment after 45 (forty five) calendar days from the transaction date. In addition, ABA might reduce the amount of credit time from 45 (forty five) calendar days to 15 (fifteen) calendar days if ABA receives a written request from cardholder, confirming that the transaction is incompletely performed. However, cardholder is still liable for any and all unsuccessful transaction if it is posted to ABA afterwards for settlement.
7. Debit Card Transaction
Debit Card transactions are governed by this Agreement and the Debit Card Terms and Conditions that apply to any account affected by such transactions, such as agreements, charter, bylaws, rules and regulations as well as applicable laws. Any banking business transacted by the use of the debit card is not consummated until ABA has verified and processed the transaction on its records according to its usual banking practices, regardless of any receipt produced at the time of the transaction.
8. Joint Account for Supplementary Card
Customer can apply for the supplementary debit card if the designated account is jointly operated by any one of the account holder. When the supplementary card is applied, each of you shall be individual and jointly responsible for these terms and conditions in this agreement. In case of termination, any and all supplementary card may be terminated by the principle cardholder, ABA or supplementary cardholder themselves but the principle cardholder is still liable for the aggregate total indebtedness in respect of the use of the principle debit card and supplementary debit card. In addition, the principle or supplementary cardholders shall cut the supplementary debit card into half and provide notification to ABA immediately in writing of the termination along with the pieces; otherwise the supplementary debit card is deemed to be usually used. ABA reserves its right to require any one of you individually to repay all indebtedness if applicable under this agreement.
9. Debit Card for Corporate Entity
Organization or establishment has payroll with ABA applied the debit card or concurrently applied the payroll service and the debit card for its employee(s). In addition, the corporate entity shall be liable for any and all indebtedness if available to the usage of the debit card by their staff Most importantly, the corporate establishment shall promptly notify ABA in writing for any staff member who is suspended or terminated of employment and or who is no longer employed by the establishment.
Any person or establishment whom with ABA agreement, Visa Worldwide, MasterCard Worldwide and other entities accept / honor the debit card in payment for goods, services, charges and other benefits incurred and/or for withdrawing cash from such person or entity by using the debit card.
11. Debit Card Chip and Magnetic Stripe Data
Chip and magnetic stripe data contained on the debit card is the property of ABA, only available for authorized purposes. In case of attempting to access or change the chip and/or magnetic stripe data of the debit card is violation and shall be faced with criminal charges.
12. Debit Card PIN
Personal Identification Number (PIN) issued by ABA to cardholder to use with debit card performing PIN-based transaction at chip P08 and ATM terminal. Cardholder must take care of their PIN and keep it separately from debit card to avoid from being disclosed and/or discovered by any other person. Most importantly, customer should frequently change the PIN for secure purposes. If Cardholder believes the debit card has been lost or stolen or that someone may have discovered the PIN, contact ABA immediately.
13. Debit Card Statement
Cardholder has an option to choose from between passbook and account statement of debit card statement for free of charge. In addition, if customer selects passbook, ABA shall not provide them the account statement. However, cardholder may request for additional account statement but fee charge will be incurred (refer to Card Services and Commission Charges).
14. Account Statement
Account statement is a statement highlighting cash withdrawal transactions, payment transactions and/or other charges related to the use of the debit card and the designated account or you are able to view your account history via Internet if you have registered for ABA i-Banking services.
ABA will issue cardholder a passbook reflecting any and all transaction regarding to the use of the debit card and the designated account. Moreover, the balance which appeared in the passbook is not the final balance if you have made other transactions which have not been updated; however, cardholder shall get their passbook updated at least once in a month. Failing to do so, ABA shall assume the correctness of both the transaction which is listed in passbook and the designated account. ABA will then not be liable for any claim and/or representation made by customer subsequently.
16. Notify ABA of Any Error in Statement/Passbook
Cardholder shall examine the periodic statements from ABA or passbook which is already updated immediately. You must notify ABA immediately in writing after the date when you or any one on your behalf receive the statement or get your passbook updated if you think that any error or problem and/or you need further information about any transaction appeared in your statement/passbook. In the letter, you shall state your name, debit card account number, suspected error or problem, describe and explain about the issue. ABA shall acknowledge your letter within 30 (thirty) calendar days, unless it has corrected the error or problem by then. ABA shall then either corrects the error, solve the problem or explains why the issue was correct within 90 (ninety) calendar days.
17. Debit Card Limit
Any amount in the designated account which is available for the use of the debit card. However, ABA has the right to limit the frequency or amounts of spending or withdrawals per day (refer to Card Services and Commission Charges) or to institute fees for the debit card or transactions or to change its policies regarding these matters at any time without amending this Agreement and ABA may charge Cardholder’s Account for such fees. Current limits and fees, if any, are contained in the disclosure statements which will be provided to you or in your passbook. ABA also has the right to establish other terms and conditions pertaining to use of the Debit Card and to change the terms and conditions set forth herein or so established, by making advance written notice thereof to Cardholder at the address shown on the records of ABA. In addition, if you need to make cash withdraw for amount higher than the limitation, you can do from the designated account over the counter with any limit which is determined by ABA. Cardholder will not overdraw the Account unless Cardholder has pre-existing overdraft agreement with ABA; and if Cardholder does have such an agreement, Cardholder will not withdraw more than the funds remaining in the account. Cardholder will immediately pay any unauthorized overdraft without notice or demand. Your account will be charged fee (refer to Card Services and Commission Charges) for each debit presented for which there are insufficient funds.
18. Exceed Available Balance
ABA may at its absolute discretion allow any limit amount to debit card account when the balance in the designated account is not available for authorization of any transaction made by customer at any merchant establishment, on internet or at ATM if you have signed Over Draft agreement with ABA. If you overdraw from the designated account or by the use of the debit card to draw an amount in excess of the balance available or overdraft limit permitted by ABA, you shall be charged interest, penalties and/or other fees on such overdraft as prescribed by ABA from time to time. Furthermore, you must pay off the entire amount overdrawn with interest, penalties and/or other fees to ABA as its sole prescription.
19. The Use of the Debit Card
Customer may use the debit card for transaction authorization on internet or at any merchant establishment, POS terminal, ABA ATMs and other bank ATMs where cardholder can use the debit card. However, you shall notify ABA promptly if you travel and wish to use the debit card outside the territory of Cambodia. In addition, cardholder may use the debit card up to maximum limit as prescribed by ABA from time to time to perform transaction until the expiry date as specified on the debit card. If the period of validity of the debit card has 7 (seven) calendar days left before the expiration date, you shall provide a notice to ABA without delay. By the way, ABA reserves the right to suspend, withdraw or terminate the use of the debit card and other services to which related at any time with or without prior notice.
20. Illegal Use of Debit Card or the Account
The use of your Debit Card or the Account for an illegal transaction or an illegal purpose is strictly prohibited. If you use your Debit Card or the Account for an illegal transaction or an illegal purpose, then at ABA discretion and at any time thereafter, we can suspend or terminate your Account and/or revoke your Debit Card and you waive your right to bring any legal action against us arising out of or relating to such illegal use of or any activity directly or indirectly related to such use.
21.Debit Card Account Transaction
Any transaction amount transacted by cardholder using the debit card in person or by mail order, telephone order, on internet and by other means of communication to merchants, any other entities for purchasing goods and services to be charged to the debit card account whether with or without cardholder’s acknowledgement or authority including payment for goods and services, cash withdrawal and any benefit from the use of the debit card shall be directly debited from the designated account. On the other hand, you are responsible for all consequences arising out of the disclosures of your PIN and/or unauthorized use of your debit card and shall be liable for any further liability which may incur on the designated account of unauthorized use of the PIN and the debit card.
22. Transaction Currency
If any transaction includes refund, credit, adjustment or any payment amount related to cardholder is denominated in a foreign currency other than US dollar, ABA shall convert it to US dollar at such time and rate of exchange before being frozen, debited, credited it from or to the designated account. The conversion rate shall be determined in accordance with the Operation Regulations established by Visa International Association Service (VISA), MasterCard International, other card associations, government or ABA itself.
23. Refund and Adjustment
Any merchant or other persons who had honored your debit card account may give credit for refunds and adjustments; they shall do so by sending ABA a proper credit voucher or instruction to credit the amount back to your designated account. If cardholder has any indebtedness in relation to the usage of the debit card, the credit amount shall be settled against the amount due to ABA. In addition, ABA shall not be responsible for any delay, loss, claim regarding to such refunds and adjustments, you shall directly contact to the merchant or the person who had accepted your debit card for resolution. However, you must inform and seek assistance from ABA right away if the issue is not peacefully resolved or there is no refund or adjustment after 30 (thirty) calendar days from date of the credit voucher or instruction.
24. Transaction Cancellation
If you intend to cancel any transaction, including reservation or recurring transactions and/or amend any agreement made with any merchant, you shall personally contact with them to get a written confirmation of such cancellation or amendment. ABA shall not be liable for any amount of the transaction keep on billing to your designated account following the cancellation or amendment but ABA might claim the amount for you if you have a proper cancellation or amendment with the merchant.
25. Debit Card Return
The debit card always remains the property of ABA at all times and shall be returned by cardholder unconditionally and immediately upon receiving request from ABA either in writing or by oral.
26. Merchant Dispute
ABA shall not be responsible for those goods and services supplied by any merchant or establishment in respect of any transaction performed by cardholder. Also, ABA shall not be liable in any way if any merchant or entity refuses to accept or honor the debit card for any reason. However, ABA may defend and counterclaim (other than tort claims) arising out of the transaction of customer if you have made a good faith attempt but have been unable to obtain satisfaction or solution from those merchant or establishment. In case of any wrong posted or fraud transactions somehow related to this card, ABA Bank will support Cardholder to return the claim of transaction amount by initiating chargeback request to acquirer through respective payment system (VISA, MasterCard or Union Pay International). But in case of this chargeback dispute will be lost based on respective payment system’s rules, ABA is not responsible to return any lost amount, Cardholder will absorb the losses.
ABA makes no claims or warranties with respect to the equipment or the system and ABA shall not be liable for any failure to provide any service or to perform any obligation due to any malfunction of the equipment, the machine, the system or the debit card, failure of communication lines or any other circumstances beyond the control of ABA.
28. Minimum Balance
Each cardholder shall maintain a minimum balance in the designated account (refer to Card Services and Commission Charges) at all time when keeping the use of the debit card; otherwise there is a penalty fee shall be applied to the designated account. If the debit card account is closed at any reason, the amount which is automatically frozen in the designated account as a minimum balance for account maintenance (refer to Banking Services and Commission Charges).
29. Liability for Unauthorized Use-Lost/Stolen Card
You must immediately notify ABA of the lost, stolen, theft and/or unauthorized use of the debit card account by verbal or in writing. You may be liable for any and all unauthorized transactions but you shall have no responsibility for any unauthorized use that occur after you notify ABA, orally or in writing, of the lost, stolen, theft and/or other possible unauthorized use of your debit card. Such liability does not apply when the Debit Card is used to make an electronic fund transfer. If the lost card is traced after reporting, you shall not use it again since it is no longer accepted. The recovered card shall be cut into half through the magnetic stripe and then immediately return the pieces to ABA.
30. Change or Terminate Card Account
ABA has reserved the right to change or terminate these terms and conditions from time to time. ABA may terminate this agreement at any time but the termination thereof shall not affect any and all completed transaction which is not yet debited from your designated account. ABA shall then debit the transaction amount directly from the designated account. Cardholder may terminate this Agreement at any time by notifying ABA in writing and returning the Debit Card cut into half In that event, all rights and obligations for transactions and other charges in connection with the usage of the debit card that taken place before ABA receives notice of the termination shall be determined by this Agreement.
31. Close the Designated Account
If the designated account is closed, the debit card account is simultaneously terminated without prior notification.
32. Other Charges
Interest, fees and other charges shall be accessed to the designated account if applicable. In addition, any interest, all fees and other charges available to the usage of the debit card are subject to revision or change by ABA from time to time without prior intimation to any cardholder.
33. Cash Withdrawal Fee
If cardholder withdraws cash at any POS terminals and at other ATMs other than ATMs of ABA, there is a fee charge which will be applied for the transaction (refer to Card Services and Commission Charges) and it shall be directly debited from the designated account.
34. Annual Fee and Replacement Fee
A non-refundable card annual fee or card replacement fee (refer to Card Services and Commission Charges) as prescribed by ABA from time to time shall be debited from cardholder’s designated account for the use of the debit card, including principle, supplementary and other debit cards, regardless of suspension renewal, replacement or termination of the debit card account.
35. Declined Transaction Fee
Cardholder shall be charged a penalty fee (refer to Card Center Pricing List) if any transaction performed by customer is declined due to unavailable balance in the designated account.
36. Balance Inquiry Fee
If customer makes a balance inquiry to check the balance at other bank’s ATM other than belonging to ABA, a fee charge per transaction shall be imposed to the designated account (refer to Card Services and Commission Charges).
37. Retrieval Sale Draft Fee
Each sales draft retrieval request will be bearing a fee charge and it shall be directly debited from the designated account (refer to Card Services and Commission Charges).
38. Dispute and Resolution Fee
If cardholder requests ABA to process any dispute transaction, a fee charge per transaction will be incurred and debited from the designated account (refer to Card Services and Commission Charges). However, ABA shall inform you initially about additional fees and other charges which are not listed in Card Services and Commission Charges before proceeding with the case.
39. Collection Fee
Cardholder shall be liable for any and all collection and court costs, attorney’s fees and other similar costs on appeal if ABA is forced to take collection or any other legal action under this agreement.
40. Close the Designated Account before Maturity Date Fee
If the designated account is closed before its maturity date, cardholder shall be charged a penalty fee (refer to Banking Services and Commission Charges).
You shall confidentially safeguard all information and documentation relating to these terms and conditions including the debit card account number and the PIN number; you must not disclose or reveal them to any person or entity without prior written permission from ABA. You can destroy such material and information when they are no longer needed by rendering the data unreadable at any proper time in fashion. However, ABA reserves the right to disclose such information in association with your personal data, debit card account number, the designated account or any other transaction at any time if required by law.
You hereby agree to indemnify and hold ABA its agents, employees and directors harmless from and against any suits or the legal actions and all losses, claims, liabilities, damages, costs and expenses, fines, penalties including attorney’s fees, directly or indirectly arising from or in connection with this Debit Card Terms and Conditions, use or misuse of the debit card or breach of any and all provisions of these terms and conditions by the cardholder.
Statements and other notices shall be mailed to cardholder at most recent address that you have given to ABA. For joint account, the notices and other communications sent to any one of cardholder shall be deemed to all. By the way, cardholder shall notify ABA promptly in writing if there is a change of personal data which previously provided to ABA including employment, cell phone or office telephone number, mailing address, home or office address and email address.
44. Entire Agreement
By signing the Debit Card Application Form and accepting this Debit Card Terms and Conditions, you acknowledge that you have read and well understood about these terms and conditions and other provided supplementary documents.
45. Invalid Provision
Terms and Conditions are subject to change at the discretion of ABA without notice. If any provision of these terms and conditions in this agreement is invalid, illegal or unenforceable as stipulated and declared by court regarding to the applicable law in Cambodia, the invalidity of that provision shall not affect any of the remaining provisions and this agreement shall be construed as if the invalid, illegal or unenforceable is not contained in the agreement.
46. Copy Received
You acknowledge receipt of a copy of Debit Card Terms and Conditions booklet. You understand that it is a crime to willfully and deliberately provide incomplete or incorrect information on any agreement or application made to the government institution of the Kingdom of Cambodia.
47. Lost Card Notification
If you believe the Debit Card has been lost or stolen, you will immediately call ABA at (855) 98 203 333 or (855) 23 222 995.
48. Governing Law
ABA requires you to read this Debit Card Terms and Conditions carefully and you agreed with and bound by these terms and conditions if you keep the use any debit card account issued by ABA. The terms and conditions in this agreement are governed by enforceable law in the Kingdom of Cambodia.
49. Sign on Debit Card
You must immediately sign on the signature panel on the back of the debit card upon receiving it personally from ABA. You shall then agree with all attached documents and accepted the terms and conditions in this agreement. In case, you do not accept these terms and conditions in this agreement, you must cut the debit card in half through the magnetic stripe and then return the pieces to ABA as soon as possible.
50. Acceptance of Current Conditions
Use of the debit card constitutes acceptance of the current conditions as set forth by ABA.