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1. reasonably suspects that such situation has occurred he she shall be obliged to notify the Bank immediately and subsequently alter his her Private Key 8 6 When the Remote Signature functionality is used a message signed with one Signature shall be stored at the Bank s MC server for 9 calendar days including the date of delivery of the message with the first Signature attached at a maximum The Bank shall subsequently annul the message unless another Signature has been attached thereto within the above deadline 8 7 The Bank shall not be held liable for any possible damage suffered by the Client during the transfer transmission of data or for any consequences of interruption of their transfer transmission The Client acknowledges that he she is aware of possible risks associated with using a _ public data network for transferring transmitting information on bank finance transactions 8 8 The Bank shall not be held liable for any consequences or any damage suffered by the Client as a result of a fault in Client s equipment or another malfunction on the part of the Client that could make mutual communication impossible 8 9 The Bank shall be liable for damage the Client suffers in association with the provision of the Service starting from the moment the Bank has created a record i e the date time and code of processing on the Bank s MC server on the receipt entirety and correctness of the data received from the Client The Ban
2. submitted If the Order for a payment made between accounts denominated in different currencies is submitted on a Business Day after 20 15 hrs the due date of the Order shall fall on the following Business Day If the Order is submitted on a day other than a Business Day the due date of the Order shall fall on the first following Business Day Payments to the Debit of Saving Accounts The payment Order to the debit of a CZK or EUR saving account exclusively of the type specified by the Bank may only be used for transferring money to the credit of Clients current accounts kept with the Bank and of the type specified by the Bank The required date of payment due date stated in the payment Order must be a future date not an earlier one than the 32nd calendar day D 32 from current calendar date If the 32nd calendar day is not a Business Day the due date of the payment Order should be postponed to the earliest following Business Day 4 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB The period of time shall start to run on the day following the date at which the Order shall have been submitted The Order bearing the required date of payment due date D 32 must be submitted by 17 45 hrs of the relevant Business Day 4 24 The amount of the payment to the debit of a saving account must not be in excess of the account balance currently available at the required date of payment d
3. 16 45 hrs the due date of the Order shall be identical with the date of its submission 1 If the SEPA Payment is submitted on a Business Day after 4 22 16 45 hrs the due date of the Order shall fall on the following Business Day If the SEPA Payment is submitted on a day other than a Business Day the due date of the Order shall fall on the first 458 following Business Day If the SEPA Payment classified as Urgent is submitted on a Business Day before 10 45 hrs the due date of the Order shall be identical with the date of its submission If the SEPA Payment classified as Urgent is submitted on a Business Day after 10 45 hrs the due date of the Order shall fall on the following Business Day Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 If the SEPA Payment classified as Urgent is submitted on a day other than a Business Day the due date of the Order shall fall on the first following Business The Bank reserves the right to change deadlines FX Payment The provisions applicable to an Order for a Payment Payment or SEPA Paym payment depending 9 ayment made in CZK Foreign Currency Foreign cordingly applied to a FX the FX payment rocessing shall be determined as follows f a required payment
4. Batch containing 2 000 orders at a maximum at 20 20 hrs for Orders for a Payment Made in a Foreign Currency transfers between accounts kept with the Bank in same or different currencies Orders with a current and or advanced due date given to the Bank via the Service shall be included into the Account Limit An Order must be duly completed and must contain all required particulars The Bank shall reject Orders that shall not comply with the particulars pursuant to these Conditions Upon the receipt of an Order the Bank shall check formal particulars of the Order in particular the format of the payer s Account number and Unique Identifier of the payee find out whether the amount stated in the Order is not in excess of the relevant limits effective at the Moment of Effectiveness of the Order and verify validity of the User s Signature on the Order Orders may be submitted with an advanced due date i e with a required date of payment later than a date on which an Order is submitted up to 364 days before the required date of payment If an advanced due date of an Order does not fall on a Business Day the Moment of Effectiveness of such Order shall occur on a Business day immediately following the due date The Client acknowledges and agrees that the payment sent off by the Bank in a currency different from the currency in which the payee s account is kept does not have to be credited to the payee s account by the payee s bank
5. If the Urgent Order in EUR and USD is submitted on a Business Day after 13 45 hrs the Bank shall be obliged to reject such Orders and respective payments shall not be executed If the Express Order for Foreign Payments is submitted on a Business Day before 16 45 hrs the due date shall be identical with the date of its submission If the Express Order for Foreign Payments is submitted on Business Day after 16 45 hrs the due date shall fall on the following Business Day If the Order is submitted on a day other than a Business the due date shall fall on the first following Business Day 4 19 4 20 Bank s Branch shall be executed as follows exce an advanced due date H 4 21 If the Order is submitted before 13 45 h be identical with the date of its submi If the Order is submitted after 13 45 such Orders and respective pay its Foreign Payments made to the dit Bank s Branch shall always be pro by the Bank as Urgent payments regardless of their clasSifica 4 15 The Bank reserves the ri the above deadlines and currencies 4 16 If a Foreign Payment is to the Bank shall choose at its discretion a foreigasbank that sRall process it unless agreed upon Bank and the Client The Client agrees that jer is stated the Bank may charge to a F 4 18 Orders xcept for Orders with advance payment dates If the SEPA Payment is submitted on a Business Day before
6. application is understood as a payment Order in CZK submitted by the Client in advance before its due date and stored in the Client s application ready for subsequent sending to the Bank Hence it is not a usual standing Order 9 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB Order for a Payment Made in a Foreign Currency shall mean an Order for a payment that may be used for a payment between accounts kept with the Bank made in the same currency or in different currencies except for cases where the payer s Account and payee s account are denominated in CZK Payment Scheme shall be a unified set of rules procedures and standards instructions agreed upon by providers of Payment Services and applicable to payment transactions executed in the European Union and its member states It is independent of any infrastructure and or payment system that provides for its operation B2B Business to Business is a Payment Scheme intended for natural persons businesses and legal persons that use SEPA Direct Debit CORE Business to Customer is a Payment Scheme intended for natural persons non business and businesses and legal persons that use SEPA Direct Debit Private Key shall mean data used for creating the Signature The Client creates his her Private Key using his her own program Product Terms and Conditions shall mean Bank s terms a
7. binding for the another date set forth in these Conditions provided that all Client prerequisites required by the Contract and by law for the execution of the Order have been fulfilled by that time including sufficient 2 7 The Bank shall only accept data sent by the Client for processing if funds available in the Account Failing this the Bank shall either they are formally correct and complete contained in messages in reject the Order or if agreed upon with the Client the Moment of the format e g in a specific Data File agreed for the Service for Effectiveness of the Order shall not occur before the day on which details on the formats see www mdpraha cz or for XML see all prerequisites required for the execution of the Order shall be www europeanpaymentscouncil eu and a Signature is attached to fulfilled them in compliance with a scope of the signature authorisation pursuant to the Signature Class Cancellation of Orders 2 8 The Service is accessible round the clock 24 hours a day on Business Days On other days the Service is accessible according 2 1 89 2012 Sb civil code Komer n banka a s registered office at Praha 1 Na P kop 33 969 Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 Act No 182 2006 Coll On Bankruptcy and Its Resolution Insolvency Act as amended 1 10 TEMPLATE EFFECTIVE DATE 30 11 2
8. fone service designed to n the Bank and the Client and sts and providing information oceedings decision of the court with a legal power clause declaration of the Client s death concerning Contract shall mean a contract under which the Bank undertakes to provide the Client with the Service Conversion Transaction shall mean any transaction necessitating a currency conversion Data File shall mean a particular electronic data file created in the Client s MC application through which the Client submits Orders and RFT Instructions via the Service EEA shall stand for the European Economic Area Electronic Statements shall mean settlement reports account statements in the Portable Document Format PDF in which the Bank informs the Client about executed transactions and the balance in a relevant Account delivered to the Service Exchange Rate or Rate shall mean an exchange rate published by the Bank Komer ni banka a s Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 registered office at Praha 1 Na Prikop 33 969 File shall mean a part of the Bank s automated internal accounting system in which payments hitherto unprocessedjfor example due to a lack of liquid funds in a relevant Account or unauth rized debits are kept for a period of time determined by the Bank
9. of the Order at the latest Unless an Order is delivered by the deadline set forth in the foregoing clause the due date of the Order shall be identical with the Business Day following the delivery of the Order and complying if such Business Day complies with the condition set forth in the foregoing clause A collection Order enters the Bank s clearing process in a batch processing mode at 18 00 hrs If in case of collection Orders to the debit of an account kept with the Bank no liquid funds are available in the account the Bank shall place these Orders into the File The Moment of Effectiveness of such Orders shall not occur before the day on which all prerequisites required for the execution of the Order shall be fulfilled as agreed upon with the Client Express Payment in CZK Order for an Express Payment Made in CZK The Service may be used to submit an Order for an express payment made in CZK arranged to the debit of a current Account kept in CZK currency and to the credit of an account kept with another bank in the Czech Republic The Order shall be executed without any confirmation for the payee s bank An Order for an express payment made in CZK must be delivered to the Bank by 13 45 hrs at its due date at the latest Failing this the Bank shall be entitled to process the Order as a standard Order for a payment made in CZK or reject the Order and not to execute the payment An Order for an express payment arrang
10. rs for Foreign Payments classified as Urgent in the B 00 hrs in case of Foreign Payments classified as Urgent in currencies CZK DKK GBP CHF NOK and SEK 14 00 hrs in case of Foreign Payments classified as Urgent in currencies EUR and USD At 14 00 hrs in case of Foreign Payments to the credit of an account kept with a Bank s Branch At 17 00 hrs in case of FX Payments made within the Bank between accounts kept with the Bank and denominated in different currencies At 17 00 hrs in case of Foreign Payments At 17 00 hrs in case of SEPA Payments Order for a Payment Made in a Foreign Currency The following rules shall apply to the execution of Orders for a Payment Made in a Foreign Currency within the Bank except for Orders with advance payment dates If the Order for a payment made between accounts denominated in the same currency is submitted on a Business Day before 20 15 hrs the due date of the Order shall be identical with the date at which the Order has been submitted If the Order for a payment made between accounts denominated in the same currency is submitted on a Business Day after 20 15 hrs the due date of the Order shall fall on the following Business Day If the Order for a payment made between accounts denominated in different currencies is submitted on a Business Day before 20 15 hrs the due date of the Order shall be identical with the date at which the Order has been
11. they can be settled on the next succeeding Business Day provided there are enough funds in the account This mode is not usg h for conversion payments and for credit or debit payments on deposit accounts On line processing of a Batch containing 000_or maximum Orders are settled as soon as it is oo processed in this mode can be delivered by 17 14 domestic payment orders or payment orders in currency without conversion within KB submitted sign Batch before 17 15 hrs shall be subject to the multiple If they are not settled after the above deadline dle ient funds in the account they shall be sent for cl ari he end of a thereafter they can be settled o Day provided there are enoug not used for conversion payment on term deposit accounts subject to the multiple ro ssing They are sent off for processing at they due date 8 00 hrs If they are not settled he next succeeding Business Day provided in the account The Orders shall have no Account throughout the Business Day ecomes effective but only at the end of that on which th ocessing f a shortage of funds at the moment of the processing of ress payment in CZK Foreign payment SEPA Payment Order for a Payment Made in a Foreign Currency transfers between accounts kept with the Bank in same or different currencies Order for payments in CZK submitted in a single Batch containing 2 000 orders at a maximum O
12. 015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP 3 4 3 5 3 6 3 7 3 8 3 9 3 11 Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 KB Client s Users shall be entitled to withdraw Orders delivered to the Bank and de activate files authorised within the scope of the Remote Signature The Client shall only be entitled to cancel Orders delivered to the Bank until they are forwarded for settlement to the Bank s central processing It is not possible to cancel Orders via the Service Orders can only be cancelled at the telephone number 955 551 553 option 2 The Bank shall be entitled to set a daily limit on cancelling the Orders whose due dates fall on the same Business day Orders with advance maturity may be cancelled at the latest on the Business day preceding the due date of the Order Specific terms under which the Order may be cancelled are set forth in the Handbook The Bank shall be entitled to reject a submitted Order in cases envisaged by the Insolvency Act Mode of Processing of Domestic Orders Continuous processing of a Batch containing more than 2 000 Orders Orders are settled as soon as it is received such Orders shall not be subject to the multiple round processing If they are not settled at their due date due to insufficient funds in the account they shall be sent for settlement again at the end of a given Business day at 18 00 hrs If they still remain unsettled thereafte
13. 054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 c 4 7 4 8 D 4 9 4 10 4 11 E 4 12 4 13 f the Order is submitted on a day other than a Business Day before 24 00 hrs midnight the due date of the Order shall be identical with the date of its submission The Moment of Effectiveness of the Order s on the following Business Day at the latest Collection Orders An Order for a collection made i credit of the Client s Cur be made from CZK acco banks in the Czech Republi nly be arranged to the while the transfer may only h the Bank or with other An Order for a colle ade in foreign currency may only be arranged to the c Client s Current Account from an account kept with Bank in the same foreign currency depending the type of account permitted by the Bank for ection payments anged to the debit of accounts kept with the executed as follows except for Orders with an submission the Order is submitted on a Business Day after 17 45 hrs the due date of the Order shall fall on the following Business Day If the Order is submitted on a day other than a Business Day the due date of the Order shall fall on the first following Business Day Collection Orders arranged to the debit of accounts kept with other banks shall be executed as follows Orders must be delivered to the Bank by 17 45 hrs one Business Day before the due date
14. Branch shall mean Komer n banka registered office at Praha 1 Na P kop 33 969 Postal Code 114 07 Czech Republic I O Company ID 45317054 entered into the Commercial Register kept by the Municipal Court in Prague Section B Insert 1360 acting through its organisational unit Komer ni banka a s aforeign bank s branch registered office at Hod ovo n mestie 1A Postal Code 811 06 Bratislava I O Company ID 47 231 564 Slovak Republic entered into the Commercial Register kept by the District Court in Bratislava l Section Po Insert No 1914 B Banking Services shall mean any banking deals products and services provided by the Bank based upon its banking licence including investment services provided by the Bank acting as a security broker dealer Batch shall mean a single Order or several Orders sent to the Ba the Service Business Day shall mean a day that does not fall on a Services and on which other institutions that take part Banking Services or on which the provision of the depends are open and provide the relevant service CID shall stand for the Creditor Identifier a uni of a SEPA direct debit creditor It consists of A Any CID for the Czech Republic has 12 c by Czech National Bank Client shall mean a natural person entered into the Contract with the Bank Client Support shall mean ensure primary telephone cont User while solving their demands
15. Business Days or as the case may be agreed with the Client Foreign Payment shall mean an Ord i for a payment made in a foreign abroad or ii for a payment made in a r a payment that may be used 6f the Bank the funds purchased at an rate under a separate contract covering the entered into by the Bank and the Client being generated The relevant User must sign the Initialising in accordance with a specimen signature shown in the MultiCash KB Registration Form Management Data Praha shall mean Management Data Praha spol s r o registered office at Praha 4 B lehradsk 54 Postal Code 120 00 ICO Company ID 49683471 entered in the Commercial Register kept at the Municipal Court in Prague section C insert 22135 MC shall stand for the MultiCash KB service used in association with the Bank s server and Client s application Moment of Effectiveness shall mean the moment at which an Order is accepted as envisaged by the Payments Act determined in accordance with these Conditions the Notice on the Payment System and the Contract at which all prerequisites shall be met as set forth by the Contract or by Law for i the acceptance of cash and an Order by the Bank in case of depositing cash or ii the debiting of funds from an Account in case of cash withdrawal and other Orders i e the moment at which the Bank shall or should receive or debit the funds Mult
16. FFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB Exchange List 6 11 The Bank s exchange list available on the Bank s MC server is intended only for calculation of limits set in foreign currencies The conversion is made using a mean Exchange Rate Notice Board 6 12 As a rule the Bank shall use the Notice Board as a replacement manner of delivery of messages if the New Messaging module is not accessible or in other specific cases depending on the Bank s decision 6 13 The Client shall be obliged to check the Notice Board regularly for posted information 6 14 The Bank shall be entitled to send information posted by the Bank for the Client on the Notice Board as well as other information concerning a User to the Users via electronic mail at their contact e mail addresses If they disagree with this manner of sending the information they must notify the Bank at the address multicash kb cz New Messaging 6 15 The New Messaging module is used for the verifiable delivery of messages including attachments by the Bank to the Client specifically to the Client s MC applications The Bank may also deliver the messages to the Client s separate Users 6 16 The Bank shall use the New Messaging module to inform the Client particularly of the following Current state of functioning of the Service Momentary inaccessibility of Bank s internal system Planned inaccessibility of the Service Changes
17. KB This English version of the contractual document is for information only and is not legally valid In the event of any discrepancies between the Czech and English versions the Czech version shall prevail Article 1 1 1 Introductory Provisions The below Terms and Conditions of the Provision and Use of MultiCash KB Service hereinafter the Conditions represent the Product Terms and Conditions as foreseen by the General Business Terms and Conditions of the Bank hereinafter the he Bank reserves the ange or suspend the ry i if it is inevitable sons or ii in case ble to repay the to the Bank s actual operating conditions right to block access to the Service or to provision of the Service for as long as nece for serious reasons in particular for s of a substantial risk that the Client may not credit he she is entitled to draw ysi reasons in advance or if afterwards by telephone shall be further entitled t the provision thereof idee General Conditions The Conditions form part of the Contract 29 and the Client is obliged to familiarise himself herself with them and comply with them 1 2 Terms in the Conditions that begin with a capital letter have the meanings defined in Article 11 hereof or in the General Conditions a 2 10 A Data the Service is considered to have been 1 3 Transactions made under the payment system via the Service shall i Bank if a record i e the date t
18. and the confidentiality of messages sent via the networks as envisaged particularly in Act No 127 2005 Coll on Electronic Communications as amended Client s Obligations The Client is obliged to use the Service in accordance with the Contract Bank instructions Service users manual published by Management Data Praha spol s r o and Handbook The Client is obliged to check continuously whether the settlement messages received from the Bank correspond to the Orders that he she has sent to the Bank via the Service and whether the Bank has executed or rejected the submitted Orders The Client shall be obliged to notify the Bank of any ascertained faults in the settlement of the Orders as well as any other errors and or discrepancies in the Accounts without any unnecessary delay Belated notification may result in denial of Client s or User s claim for damages or titles arising from an unauthorised or erroneously performed payment transactions pursuant to the Notice on the Payment System The Client shall be obliged to check the Notice Board regularly for posted information If the Client s Private Key is disclosed or misused or his her ow device with the MC application is lost or stolen he she shall b obliged to notify the Bank without any unnecessary delay Belated notification may result in denial of Clients or User s clai damages or titles arising from an unauthorised or erroneo performed payment transactions pursuant to t
19. due to the difference between the currencies The Bank shall not be held liable for the succession in which Orders are executed if the Client has not set forth such order of execution The Client shall be informed about statements settlement reports executed Orders by If a due date of an Order falls on a Business Day following a day that is not a Business Day the Moment of Effectiveness of such Order may occur even on a day other than a Business Day immediately preceding the due date of the Order The due date of such Order shall remain unaltered If the Client s Account is taken over by another client for whatever reason e g aS a result of a merger sale of the company assignment of rights or assumption of obligations and liabilities the Client hereby agrees that the new client shall have the right to access information on payment transactions executed in the Account before it has been taken over Such consent shall remain in force even after the discharge termination of the Contract Submitted Orders with advanced due dates shall remain unaffected by the takeover of the Account 2 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP 3 23 Article 4 A 4 1 4 2 B 4 3 4 4 4 5 4 6 Komer n banka a s registered office at Praha 1 Na P kop 33 969 KB If the User executes a Conversion Transaction the Bank shall apply to it an Exchange Rate effective as at th
20. e Moment of Effectiveness of the Order Conversion Transactions shall be subject to the multiple round processing The used Exchange Rate shall not depend on the time of the confirmed delivery of the Order to the Bank The Exchange Rate at the Moment of Effectiveness may be different from the Rate which is effective at the time of confirmed delivery of the Order In case of Orders with an advanced due date except for FX payments the Bank shall use the first Exchange Rate effective as at the due date Orders Order for a Payment made in CZK An Order for a payment made in CZK may be arranged to the debit of a CZK current Account and to the credit of a CZK account kept with the Bank or with another bank in the Czech Republic The terms and conditions for Orders for payments made in CZK to the debit credit of a term Account are set forth separately in this Section 4 under letter B Orders for a payment made in CZK shall be executed as follows except for Orders with an advanced due date If the Order is submitted on a Business Day before 17 45 hrs the due date of the Order shall be identical with the date of it submission If the Order is submitted on a Business Day after 17 4 the due date of the Order shall fall on the following Bus Day If the Order is submitted on a day other than a Bus the due date of the Order shall fall on thei Business Day Payments to the Debit Credit of a Term Acco Made in a For
21. ed to the credit of a CZK account kept with the Bank shall be processed as a standard Order for a payment made in CZK Foreign Payment The Service may be used to arrange a Foreign Payment classified as Urgent If not explicitly classified a Foreign Payment shall be processed as an Express payment Foreign Payments classified as Urgent shall be executed as follows except for Orders with an advanced due date 3 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB If the Urgent Order in the Currency RUB is submitted on a Business Day before 10 45 hrs the due date shall be identical with the date of its submission If the Urgent Order in the Currency RUB is submitted on a Business Day after 10 45 hrs the Bank shall be obliged to reject such Orders and respective payments shall not be G executed If the Urgent Order in currencies CZK DKK GBP CHF NOK and SEK is submitted on a Business Day before 12 45 hrs the due date shall be identical with the date of its submission If the Urgent Order in currencies CZK DKK GBP CHF NOK and SEK is submitted on a Business Day after 12 45 hrs the Bank shall be obliged to reject such Orders and respective payments shall not be executed If the Urgent Order in currencies EUR and USD is submitted on a Business Day before 13 45 hrs the due date shall be identical with the date of its submission
22. eign Currency arranged account kept with the Bank may on account belongs to the Client and the transfer is to be made are de The Order shall only be executed i due date renewal date of the Moment of Effectiveness o same currency date is identical with the he term account and the or Order for a Payment o be arranged to the debit of a e made are kept with the Bank e same currency The order shall only be iSpidentical with the due date renewal ingle Order with a required day of payment falling on a due newal date of a deposit may be arranged to the debit of a unt whether such Order is submitted via the Service or in another manner If a cash deposit is made to a term Account as at a due date renewal date of a deposit in the term Account and a fee should be charged for such cash deposit as per the Tariff of Fees the aforesaid fee shall be deemed a payment to the debit of the term Account and hence another Order may not be arranged to the debit thereof Orders for a payment made in CZK or Orders for a Payment Made in a Foreign Currency arranged to the debit credit of a term Account shall be executed as follows except for Orders with an advanced due date If the Order is submitted on a Business Day before 20 15 hrs the due date of the Order shall be identical with the date of its submission If the Order is submitted on a Business Day after 20 15 hrs shall be rejected Postal Code 114 07 ICO Company ID 45317
23. fall on 2 August or the earliest following Business Day in case that 2 August is not a Business Day Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 4 30 4 31 4 32 4 33 34 4 35 4 36 4 37 SEPA Direct Debit cancellation The Client Payer shall be entitled to cancel the SEPA Direct Debit hoWever no later than one Business day before it falls due moment of debiting such an Client Payer shall also be entit debited under the SEPA case of an unauthorised the period of 13 months in Debit This provision shall a contract for the provision of this service with and not to execute each separate SEPA Debit Order The Client Creditor can submit the Debit Order via Service in the manner hereof ank shall make it possible for the Client Creditor to submit SEPA Direct Debit Orders under a contract governing the given ervice that shall set forth terms and conditions for sending the PA Direct Debit Orders however only with respect to EUR accounts In the SEPA Direct Debit Order the Client Creditor shall be obliged to specify data and information that shall match the agreement between the Client Creditor and the SEPA Direct Debit Payer The Client shall set the due date date of collection depending on the current ty
24. for which it has been provided and may not divulge it or make it accessible to third Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 9 8 9 9 9 1 9 12 9 13 Article 10 10 1 10 2 Article 11 11 1 parties without prior written consent of the Bank If it is necessary that a third party or Client s employee should obtain certain information the Client shall bind such sons to secrecy in compliance with these Conditions a relevant contracts for the opening and maintaining of Accounts The Client is not entitled to peri The Client may only use the upon purpose and must not ird parties to use the Service ation for the agreed modify or copy the 5 by Management Data Praha spol s r o and Handbook a d that they abide by the provisions thereof and abide by mendations contained therein The Client shall aif a User breaches the obligations set forth herein ell as and for any damage caused to the Bank by a User ird using the Service e Conditions particularly under Articles 8 and 9 lient s Point of Sale over the telephone at the to fulfil the duty to inform the Bank within three Business Days fro he day on which such duty has arisen without being prevented from doing so by particularly serious reasons he she all be deemed to fail to notify the Bank without unnecessary elay The Client shal
25. he Bank provided from 3 00 hrs to 19 00 hrs in minute intervals or as the case it following Business Day if RFT Instructions a 19 00 hrs or on a day other than a nstfuctions containing Collection Orders dit of a current Account and to the debit of Bank shall be executed as follows ruction is submitted on a Business Day before sathe due date of the Order shall be identical with the at which the RFT Instruction has been delivered the RFT Instruction is submitted on a Business Day after hrs or on a day other than a Business Day the Moment of Effectiveness of the Order shall occur on the following Business Day at the latest 5 5 The Client may get information on RFT Instructions at the Client Support telephone number 955 551 553 option 2 If the Bank rejects an RFT Instruction it shall inform the Client about the rejection by a notification posted on the Notice Board 5 6 The Client shall not be entitled to cancel withdraw a submitted RFT Instruction Article 6 Other Services Status of Payments 6 1 The Client may use the Service to get following information Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 6 2 6 3 6 5 6 6 6 7 6 8 6 9 6 10 Information on an acceptance rejectian of an Order by the Bank Informatio
26. he Noti nt Payment System The Client is obliged to protect any informatio Service and proceed in such manner that t computer system and component parts thg Client must take care of and is liable espe the purpose of utilizing the Se preventing improper an u dedicate to the use of the S securing the comput party installing and regula enhance the protection ety measures when using PC related network back up media storage Internet be obliged to notify the Bank of a threatened f the Service without any unnecessary delay at the Client information necessary for his her identification and shall provide all known details concerning the circumstances of the threatened misuse of the Service The Bank consequently blocks access to the Service or changes or suspends provision of the Service The entitlement of the Client to request blocking of access to the Service at the Client s Point of Sale is not affected The Client is also entitled to request blocking of access to the Service for individual Users via Client support a User is only entitled to request blocking of his access to the Service in this manner The Bank is entitled to restrict the entitlement of the Client and the User pursuant to the previous sentence or certain times of day The Client acknowledges that any and all information on the MC Service and its use is confidential The Client must not use this information for any purpose other than that
27. iCash KB shall be a brand name of a service designed for sending and receiving electronic data between the Client and the Bank MultiCash KB contains mainly the following modules without limitation to them i domestic payment module designed for the Czech Republic including its English version ii foreign payment module designed for the Czech Republic including its English version iii SEPA Credit Transfer module including its English version iv Cash Management basic module v electronic signature including a limit applicable to the electronic signature vi RFT MT101 module Order for a payment made from an account kept with another bank vii state of payments information on the current state of a payment Notice Board shall mean a service designed for giving messages to the Client through the Bank s MC server Notices shall mean communications in which further conditions and technical features of providing the Banking Services are specified in accordance with the General Conditions or relevant Product Terms and Conditions The following documents without limitation to them are not a Notice the Service user s manual published by Management Data Praha spol s r o Order shall mean a payment order i e an instruction in which the Client asks the Bank to execute a payment transaction Note regarding the MultiCash client application The term standing order in the MultiCash client
28. ime and code of be governed by the Notice on the Payment System unless subsequently accessible to its sender in a indicated otherwise herein port on a successful placing of the Data File on the erver All related prerequisites for the Data File sent to must be met e g the Remote Signature must be Article 2 Service hed thereto 2 1 The Service makes it possible for the Client to interchange data 2 M The Client s MC application is ae ate put into Saale a with the Bank regularly in the form of electronic messages in vice support is provided by the Bank or in accordance wit format prescribed by the Contract criteria set forth by the Bank by Management Data Praha spol sr o registered office B lehradsk 54 Praha 2 ICO Company 2 2 The Bank provides the Service to the Client on the basis ID 49683471 Contract and other documents expected by the Bank wit ae which the Service cannot be provided and used A se 2 12 a Client here fee for utilising the Service as per the instructions intended for operating the Service is contai ontract and tariff of Fees Handbook which the Client shall receive in an ele i soon as the Service is made available The Clie PN to abide by the provisions thereof Article 3 Joint Provisions on Terms of Executing the Orders 2 3 The Contract is governed by the law of the by the Civil Code from the day w 3 1 The Client may submit the following Orders without limitation to effective eve
29. k shall abide by a mutual agreement on resolving identified causes of the dispute e g by repeated sending of the data supplying additional information concerning the conversion of the sent data etc with 4 Act No 284 2009 Coll the Payments Act as amended Komer n banka a s registered office at Praha 1 Na P kop 33 969 Postal Code 114 07 I O Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 the aim of minimizing possible negative impacts on the Service s operation Article 8 Security of the Service 8 1 The User s Signature must begat the Client via the Service ed to each message sent by 8 2 Each User must have hi id Public Key A User shall i rivate and Public Key The ent to the Bank s MC server the 8 3 ublic Key an Initialising Letter must with respect to each Public Key first in file attached to an electronic mail sent to the b kb cz and subsequently within one User fails to meet the aforesaid deadline the entitled to restrict the use of the Service in case of the scanned mail 8 4 all be obliged for security reasons to generate a new of within 2 years from the approval of the validity of the Public Keys hhe Service cannot be used without a valid Public Key 8 5 e User shall be obliged to protect his her Private Key from misuse If the Private Key is divulged or misused or the User
30. k shall be liable for any damage caused as a result of a misuse of the Service by an unauthorised person using the Users Signature after the Bank has received A relevant request from the Client for cancellation of a particular User An Initialising letter from a particular User after the User has generated a new Public and Private Key 8 10 The Bank shall not be liable to the Client for possible damage resulting from an interruption in providing of the Service if the Bank has immediately informed the Client of such circumstances 8 11 The Bank shall not be liable for cases where the Service cannot be used for reasons that are beyond the control of the Bank or its partners power failure interruption to the connection with the Bank via the public data network strike etc 8 12 Electronic communications networks public telephone lines mobile network lines e mail and fax used for the communication between the Bank and the Client pursuant to these Conditions are beyond the Bank s direct control the Bank is therefore not liable for any damage caused to the Client by their potential misuse The relevant providers of electronic communications services are 7 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP Article 9 9 1 9 2 9 3 9 4 9 5 9 6 9 7 Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 KB obliged to secure the protection of these networks
31. l be held liable for any damage suffered by the Bank as a result of a breach of Client s obligations set forth in Articles 8 and 9 hereof The Bank shall not be held liable for any unauthorised or erroneously performed payment transactions for any damage suffered by the Client as a result of a breach of his her obligations set forth under Articles 8 and 9 hereof or for any loss or damage resulting from an incorrect authorisation or non execution of an Order due to reasons caused by the Client or a payee If the Client ascertains that access to the Service has been blocked he she shall be obliged to take all necessary steps to unblock or regain access to the Service without any unnecessary delay so that he she can access information about the Payment Services the Bank provides to him her through the mediation of the Service pursuant to the Payments Act Termination of the Contractual Relationship The Contract shall expire be terminated At the date of the expiry termination of a contract for opening and maintaining the Account from which the Bank is entitled to settle the fees for the provision of the Services In case of a change of the person for whom the Bank keeps the Account from which the Bank is entitled to settle the fees for the provision of the Services as from the date at which the Bank learns of such change By a notice of termination from any of the contracting parties The Client and the Bank shall be entitled to te
32. may be forwarded to the Client upon a mutual agreement between the Client and the Bank which shall have been delivered to the Bank exclusively in a form of the MT940 swift message The Bank shall not examine the statements and shall not be held liable for their material adequacy and formal correctness The statements of accounts in a form of a swift message shall be available to the Client in the same form in which the Bank has received them The Bank shall forward the statements to its Clients continuously from 7 00 hrs to 17 00 hrs on Business Days Electronic Statements If the Client has arranged that the Bank shall generate Electronic Statements of Accounts he she may download it via the Service The Electronic Statements shall become available to the Client as soon as the Bank releases them for downloading via the Service The User can download the Electronic Statements as follows Within 90 days from their availability in case of daily Electronic Statements created after each transaction affecting the Account movement in the Account and weekly fortnightly or monthly statements Within 60 days from their availability in case of quarterly semi annual and annual Electronic Statements and monthly turnover statements After the lapse of the above deadlines the Electronic Statements shall only be available as archived Electronic Statements for which the User may apply via the Client Support service 6 10 TEMPLATE E
33. n if the Contract was signed be them via the Service formation of the Contract and the before the effective date of the Ci One off Order for a payment made in CZK existing legislation Order for a Payment Made in a Foreign Currency 2 4 The necessary prerequisite for the be provided is that Payments to the debit credit of a Term Account Foreign payment The Client is the o r C rent account kept with the gn pay Bank SEPA Payment The User has presented er Public Key to the Bank SEPA Direct Debit a been provided with a Clients MultiCash Collection Order Order for a collection made in CZK Collection Order in foreign currency s been connected to the Service via a Express payment in CZK ed by the Bank i e using the TCP IP type Internet network unless agreed FX payment The Orders are always processed in the form of a Batch 2 5 use the Service mainly for the following purposes 3 2 The Client may arrange Orders to the debit of current and term Accounts Orders shall be submitted contained in particular Data Files Payment transactions executed on the basis of the Orders nstructions shall be authorised by attaching a User s Signature to an Order Other services 3 3 The Moment of Effectiveness of an Order submitted using the 2 6 The Client shall use the Service through the agency of the Users Service shall fall on the required date of payment due date or on Messages with a User s Signature attached shall be
34. n on placing an Orde from the File on a calendar attempted settlement of the Order removing an Order ing the settlement delivered to the Bal the Service before S or via direct banking applications ard advice notes on payments made using services Expresni linka KB at the branch and on ents from abroad or pre advice notes about plemented via the CNB Clearing centre ment Messages Statements of Accounts Client may always download statements of Accounts for a relevant Business Day from the Bank s MC server on the next succeeding calendar day The statements are prepared daily if the lances in the Accounts have changed In the MT 940 SWIFT format Statements that have not been downloaded shall be available on the Bank s MC server for a period of 12 months In the XML format Statements that have not been downloaded shall be available on the Bank s MC server for a period of 30 days The Client may choose the format in which to download the statements If the Client fails to meet the terms and conditions of a credit contract entered into by the Bank and the Client the Bank shall not be obliged to provide in the statements of accounts any information on the settlement of credit repayments and or a notice on the credit account balance with respect to repayments of the credit interest and fees Statements of Accounts Kept With Another Bank Statements of accounts kept with other banks
35. nd conditions regulating the provision of separate Banking Services Public Key shall mean data used for verifying the Signature The Client creates his her Public Key using his her own program Qualified Client shall be a Client Micro enterprise or Client Consumer with respect to the provision of Payment Services as envisaged in the General Conditions Remote Signature shall mean a functionality of the Service wher is necessary to sign a request with an additional Signature from anot location than that from which the first Signature has been a that the Bank can be able to process the request placed by Request for Supplying the MultiCash KB Servi document containing Client s basic data and particulars Client s administration at the Bank and setting th Service RFT Instruction shall mean an instruction the Treaty on the Functioning of countries that have voluntarilyacce Monaco and San Marino SEPA Direct Debit Ord account of a SEPA Dire SEPA Direct Debit p is an instfiction for debiting funds from an ebit payer issued by the Client Creditor Komer ni banka a s registered office at Praha 1 Na Prikop 33 969 Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 SEPA Payment is a cashless transfer in EUR whose amount is not limited The payer and payee s accounts may bo
36. pe order of the SEPA Direct Debit In case of the CORE Payment Scheme the due date of the SEPA Direct Debit shall be determined as follows except for SEPA Direct Debit Orders with an advanced due date The SEPA Direct Order with the type order one off and first must be submitted 6 Business Days before the SEPA Direct Debit due date The SEPA Direct Order with the type order recurring and last must be submitted 3 Business Days before the SEPA Direct Debit due date In case of the B2B Payment Schemes the due date of the SEPA Direct Debit shall be determined as follows except for SEPA Direct Debit Orders with an advanced due date the SEPA Direct Order with the type order one off first recurring and last must be submitted 2 Business Days before the SEPA Direct Debit due date The effectiveness of the SEPA Direct Debit Order except for SEPA Direct Debit Orders with an advanced due date shall be determined as follows If the SEPA Direct Debit Order is submitted on a Business Day between 00 00 hrs midnight and 20 30 hrs it shall become effective on the same day f the SEPA Direct Debit Order is submitted on a Business Day between 20 30 hrs and 00 00 hrs midnight or outside Business Days it shall become effective on the next succeeding Business Day The SEPA Direct Debit payment that should be credited to the Account of the Client Creditor shall be executed pursuant a
37. rders to the debit and credit of term accounts in a relevant Account the Bank shall process the Orders in the multi round processing mode The multi round processing takes place on Business Days at 8 50 9 50 10 50 11 20 11 50 12 50 13 50 14 50 15 50 16 00 16 50 17 30 18 30 and 19 30 hrs If there are not enough funds to execute the Order even after the last round of the processing the Bank shall reject the Order In case of orders for payments in CZK submitted in a single Batch containing 2 000 orders at a maximum the last round of the Postal Code 114 07 ICO Company ID 45317054 ENTERED INTO THE COMMERCIAL REGISTER KEPT BY THE MUNICIPAL COURT IN PRAGUE SECTION B INSERT 1360 3 12 3 13 3 14 3 15 3 16 3 17 3 18 3 19 3 20 3 21 3 22 f an Order shall be in Article 3 9 During cy of funds in the der shall always be the due dates of multiple round processing and rejection regulated by different rules as stated abo the multiple round processing the suffici Account necessary for the executio checked by the deadlines decisive for determi respective Orders The last round for the process Sp e Order shall be at 10 50 hrs for Fores Currency RUB classified as Urgent in the at 12 50 hrs currencies CZ payments in CZK oreign Payments entered in favor of accounts at 0 hrs for SEPA Payments at 17 30 hrs for orders for payments in CZK submitted in a gle
38. rminate the Contract in writing at any time The notice of termination shall become effective at 8 00 hrs on the Business Day following the date of delivery thereof to the other contracting party except in cases where the Bank terminates a Contract with a Qualified Client in which cases the Bank shall be entitled to terminate the Contract in accordance with the General Conditions or As at the Conclusive Date The Bank s right to cancel the Contract in accordance with the General Conditions shall not be prejudiced by this provision Definition of Terms Terms in the Conditions that begin with a capital letter have the following meanings 8 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB Account shall mean any of Client s current accounts deposit accounts including term accounts or credit accounts with which the Service is provided Account Limit shall mean an Account limit defined in the Request for Supplying the MultiCash KB Service for a specific User The Account Limit is renewed once per each calendar day always in the beginning of the day and registered in CZK even for Accounts denominated in a foreign currency Bank shall mean Komer n banka a s registered office at Praha 1 Na P kop 33 969 Postal Code 114 07 ICO Company ID 45317054 entered in the Commercial Register kept at the Municipal Court in Prague section B insert 1360 Bank s
39. se Conditions come into effect as of 28 November 2015 10 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP
40. sent SEPA Direct Order The Bank shall not be held liable for a possible non execution of the payment that should be made on the basis of the SEPA Direct Debit if either the payer s bank or the payer rejects the SEPA Direct Order or if the Client Creditor states erroneous data and or information The Client Creditor shall be entitled to cancel an already sent SEPA Direct Order through the Bank s point of sale or Client Line The Bank shall not be held liable for a possible non execution of the cancellation of the SEPA Direct Order by the payer s bank The Client Creditor shall be entitled to ask the Bank for a Reversal to the payer of a payment credited on the basis of the SEPA Direct Debit within 4 Business Days from the moment the funds have been credited to the Client s Account 5 10 TEMPLATE EFFECTIVE DATE 30 11 2015 VER E PODMMCKB DOT 25 11 2015 4 12 ODP KB 4 38 The Bank shall be entitled to deduct from the Clients Account an amount of a payment previously credited to it on the basis of the SEPA Direct Debit if it receives from the payer s bank a request for the SEPA Direct Debit Return within the below deadlines In case of the CORE Payment Schemes within 5 Business Days from the moment the funds have been credited to the Client s Account In case of the B2B Payment Scheme within 2 Business Days from the moment the funds have been credited to the Client s Account 4 39 The Bank shall be enti
41. sted The SEPA Direct Debit Mandate Account The SEPA Direct De Scheme cannot be established to person non business i he limit cap the Client must take into account the j collection under any circ an 4 28 The SEPA Direct D cancelled by a banking applig ebit Man can be established changed or order submitted by the Client or via direct owever not via the Service The Client shall Ount of the limit cap or the number of en two single collections at any time at the in another manner agreed with the Bank Debit Mandate establishing change or be delivered to the Bank no later than two after the above deadlines 4 29 SEPA Direct Debit processing The Bank shall execute the SEPA Direct Debit i e shall deduct the required amount from the Account of the Client Payer in accordance with the SEPA Direct Debit Mandate issued pursuant to Article 4 27 hereof as at the required due date date of payment provided that there are sufficient liquid funds in the Account at the moment of the processing of the instruction Failing this the Bank shall not execute the direct debit instruction The funds shall be credited to the payee bank s account no later than one Business Day from the Moment of Effectiveness of the Order determined pursuant to Article 11 1 hereof see Moment of Effectiveness 3 E g if the Order is submitted on 1 July the earliest possible required date of payment due date shall
42. thbe denominated in any currency but must be kept in the SEPA Area The SEPA Payment Order denominated in EUR SEPA Reachable Bank is a Service shall mean the the Contract ervice provided on the basis of gifOnic signature used for verifying the a particular message and as an authentication of to which the Signature was attached has not ontains the Private and Public Key arid for the Unique Mandate Reference a SEPA direct identification code set down by a SEPA direct debit creditor longer than 35 characters Identifier shall mean a banking link expressed by IBAN or as case may be an account number or in case of domestic payments account number and bank code User shall be a Client natural person business and an individual authorised by the Client to use the Service provided to the Client 11 2 Submitting sending a request shall mean for the purpose of these Conditions sending a request to the Bank for processing via the Service 11 3 Delivering a request shall mean for the purpose of these Conditions a delivery of a request to the Bank via the Service Article 12 12 1 The Bank shall be entitled to update these Conditions on an ongoing basis in the manner set forth in the General Conditions Final Provisions 12 2 These Conditions repeal and replace the Terms and Conditions of the Provision and Use of MultiCash KB Service of 25 April 2015 12 3 The
43. tled to deduct from the Clients Account an amount of a payment previously credited to it on the basis of the SEPA Direct Debit under the CORE Payment Schemes if it receives from the payer s bank a request for the Refund of an authorised SEPA Direct Debit even without any given reason within 8 weeks from the moment the funds have been credited to the Client s Account 4 40 The Bank shall be entitled to deduct from the Clients Account an amount of a payment previously credited to it on the basis of the SEPA Direct Debit under the CORE Payment Schemes if it receives from the payer s bank a request for the Refund of an unauthorised SEPA Direct Debit within 13 months from the moment the funds have been credited to the Client s Account Article 5 RFT Instruction Request for Transfer 5 1 The Client may use the Service to submit an RFT instruction a mutual agreement between the Client and the Bank The shall forward the RFT Instruction to a relevant bank in a MT101 swift message 5 2 The bank keeping the account to be debited 5 3 The Client shall be obliged to arrange i keeping the relevant account for all partic possible non execution of a RF ion if the Client fails to meet the above requirements hall not examine whether the account kept with the other bai hich the payment shall be debited belongs to the ird party 5 4 The Bank shall forwar T ructions to other banks on the same day they shall have n d livered to t
44. to the payments system utilised vig Proposed changes and amendments to and Conditions General Conditions Fees Other information associated withthe required under the Payments Services and 6 17 The Client shall be obliged tach regularly e delivered information Article 7 Complaint rmation on the Orders 7 1 The Client may lodge complai concerning the Service with the Clients Point of Salevat the Client Support telephone number 955 551 553 optio x other numbers communicated by the Bank a ess multicash kb cz 7 2 er the telephone must be subsequently If so requested in a telephone complaint the he Client with information on the date time and one conversation and if need be with other 7 3 ient and the Bank have agreed that in the event of a dispute itted Orders and or sent messages or a dispute on the manner in which the submitted Orders and or sent messages have been processed and on the result of their processing they shall respect relevant objective findings in the systems of both contracting parties Furthermore the Bank shall investigate the subject of the dispute with all means at its disposal Only those Data Files the record of which i e the date time and code of processing is accessible to their sender in a particular report on a successful placing of the Data File on the Bank s MC server may be subject of a dispute 7 4 While investigating any dispute the Client and the Ban
45. ue date of the Order Failing this the Bank shall reject the Order J SEPA Direct Debit 4 25 The SEPA Direct Debit SEPA inkaso is a cashless transfer of funds from a payer s account made in EUR and initiated by a payee via the payee s bank based on a previous agreement with the payer The payer and payee s banks must both be SEPA Reachable Banks under a given payment scheme The Bank shall only provide the SEPA Direct Debit service along with Accounts kept in EUR under the B2B CORE a COR1 Payment Schemes 4 26 SEPA Direct Debit Mandate The Bank shall execute the SEPA Direct Debit from the Account of the Client Payer i e shall deduct the required amount from the Account based on the SEPA Direct Debit Mandate issued by the Client If the Client Payer fails to issue the SEPA Direct Debit Mandate the SEPA Direct Debit from the Client s Account shall be disabled and the Bank shall not provide the SEPA Direct Debit from the Account of the Client Payer 4 27 Required particulars of the SEPA Direct Debit Mandate The SEPA Direct Debit Mandate submitted by the Client must c in all the bellow particulars a Payer s account number in the IBAN format b Unique mandate reference UMR c Creditor identifier CID of the payee aut draw cashless transfers of funds from the G d Limit cap of a single collection e Minimum number of days allowe collections and f Other information as reque
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