Contract pentru deschiderea unui cont escrow

Framework Agreement – “General Business Conditions”

The present Framework Agreement – “General Business Conditions” establish the general framework between:

MARFIN BANK (ROMANIA) S.A., having its premises in Bucharest, 90-92 Emanoil Porumbaru Street, 1^st District, e-mail: [e-mail], registered with the Register fo Trade under no. J40/4436/1998, unique registration code and VAT code no.RO 10556861,, account no.371133700 RON opened with NBR, fax.[phone], registered in the Banking Register under no. RB.-P.J.R.- 40-044/18.02.1999, personal data operator registered under provisions of Law 677/2001 to the National Authority for Surveillance of Personal Data Processing under no. 632, with a capital share amounting RON 191.390.290 which RON 6.561.690, USD 19.200.000 and EUR 38.500.000, through       Branch having its premises       registered with the Trade Register under no.      , Unique Registration Code J  /     /     , registered in the Banking Register under no.      , fax      , tel.      , through its representatives        -       and        -       hereinafter referred as “The Bank”

and

       -      , address      , identified by IC/Passport, serial       number      , issued by       at   /  /    , PNC      , fax      , e-mail      , tel.      , hereinafter referred as “Client”
(or)

S.C.      , legal entity , founded under       law provisions, having its premises      , registered with the Trade Register under no.      , Unique Registration Code      , fax      , tel.      , e-mail      , through its representatives      , hereinafter referred as “Client”
Preamble
The present Framework Agreement - “General Business Conditions”, hereinafter referred as “Framework Agreement”, represents the Framework that shall govern the relationship between Client and Bank, together with the Bank’s norms in force, with the regulations of National Bank of Romania, with the domestic and foreign bank practices, the relation Bank – Client, being considered as written and added to any specific contract concluded before or after these Framework Agreement - based on which the Bank makes available to the benefit of its Client its services / products, disregarding whether or not such contracts expressly stipulate that they are added the dispositions of the Framework Agreement .

The present Framework Agreement will be handed to the potential Client at least 15 days before these become part of the present Agreement. The 15 days period can be reduced by the client’s express will.

In case the Framework Agreement was concluded by a remote mean of communication at the Client’s request both the Bank and the Client will fulfil their obligations upon concluding the Framework Agreement.
The Bank shall not engage any contractual relationship with the Client if the least has not accepted the “Framework Agreement.
The present Framework shall be concluded in original duplicate of which one shall be handed to the Customer and one shall be kept for the Bank.
The Client is entitled to benefit from all the Bank’s products and services according to the terms and conditions of the Bank and in strict conformity with it’s dispositions and the laws in force.

In any moment of the business relation, at the client request, the Bank shall transmit to him the agreement information and provisions.

The client has the right to receive, once a month, information regarding the operations done, in the way he agreed with the Bank.
The client may give up one or more of the Bank’s agreement services, in the terms agreed with by the Bank, with the prior notification of the Bank.
Section I

Basic Rules Governing the Relationship

Between the Client and the Bank
A. Content and amendments thereto of the Framework Agreement”: Special Conditions for particular business relations
Art.1. Area of application

1.1. This Agreement governs payment services in accordance with the provisions of Government Ordinance no. 113/2009 with eventually subsequent completions and modifications or others legally provisions applicable which rules the execution, in the future of individual and successive payment transactions and which may include the obligation of establishing an account for payments and the conditions of its creation.

1.2. The payment services means any of the following activities:
1.2.1. services that allow cash deposits into account and all transactions necessary to operate the account;
1.2.2. services enabling cash withdrawals from an account and all transactions necessary to operate the account;
1.2.3. make the following payment transactions where funds are not covered by a credit line: direct debits, including single direct debits , payment transactions through a payment card or similar device, credit-transfer operations, including operations with standing payment orders;
1.2.4. make the following payment transactions where the funds are covered by a credit line open for a payment service user: direct debits, including single direct debits, payment transactions through a payment card or similar device, operations transfer credit, including standing orders;
1.2.5. issuance and/or acceptance for payment of payment instruments;

1.2.6. remittance of money;

1.2.7. carrying out payment transactions in which the payer consent for making a payment transactions is given by any telecommunication, digital or computer means, and payment is made by the system operator or telecommunications or computer network acts exclusively as an intermediary between the payment service user and supplier of goods and services.
1.3. Particular business relationships (“relevant transactions”), including but not limited to time deposits, documentary business, guarantees, forward contracts, or facilities, are carried on by special conditions, which may differ from the Framework Agreement and are subject to particular contracts. In the event of any conflict between the Framework Agreement and the particular contracts, such contracts prevail.
Art.2. Amendments

2.1. All amendments to the present Framework Agreement shall be notified to the Customer in written letter at least 60 days before the date proposed for their application and shall become opposable to the client at the date specified in the notification, respectively at the date of their issue, by case.

2.2. In case that, up to the agreed date the Client has not sent a notification that he has not accepted the amendments the Bank shall consider that he has agreed with the specific amendments.

In case the Client does not agree with the amendments proposed by the Bank, the least has the right to claim immediately and feely in writing the one-sided denunciation of the Framework Agreement before the date proposed for the application of the amendments.