Terms and Conditions

AGREEMENT ON RENDERING ELECTRONIC BANKING SERVICES

GENERAL CONDITIONS

General conditions of the Agreement on Rendering Electronic Banking Services (hereinafter – General Conditions) are the integral part of the Agreement on Rendering of Electronic Banking Services (hereinafter – Agreement) and contain the basic conditions and procedures of rendering electronic banking services by the Bank via the remote banking service system. By signing the Agreement, the User agrees that he/she has read, understood and consented to the provisions of the General Conditions in full, without any remarks and objections, and hereby undertakes to comply with all the provisions of the General Conditions in timely manner and in their entirety.

Terms and definitions used throughout the text, have the following meaning:

1)authentication – confirmation of authenticity and correctness of composition of an electronic document by means of using a confirmation code;

2)identification – procedure of a user's identification implemented when granting the user remote access to the electronic banking services;

3)user– natural person – recipient of the electronic banking services by means of the remote banking service system;

4)registration– procedure of input by the User of the personal data in order to create a login and password for the subsequent logging into the remote banking service system;

5)electronic banking services – within the context of the Agreement, it refers to the services specified in the General Conditions and rendered by the Bank to the User by means of the remote banking service system, in ways not contradicting the law of the Republic of Kazakhstan;

6)User’s directive – User's instruction, authenticated by the confirmation code, sent to the Bank via the communication channels used by the Bank while rendering the electronic banking services by means of the remote banking service system, concerning performance of a payment and (or) transfer of funds;

7)confirmation code (SMS-code) – a one-shot (one-time) code comprised of unique sequence of electronic digital symbols, created by the software and hardware means of the Bank upon the User’s request and intended for a single use when granting the User access to the electronic banking services;

8)remote banking service system (RMSS)– a software complex comprised of the Internet system and mobile banking, by means of which the Bank renders electronic banking services to the User;

9)permanent directivean instruction by the funds transmitter to the Bank regarding performance of regular payment and (or) transfers of funds to the advantage of one or several beneficiaries on his behalf, in accordance with the terms and details specified in such instruction;

10)tokenization – a process of assignment (generation) of a random combination of digits (token), which is used by the User in order to perform transaction via mobile devices instead of the 16-digit number on a bank card;

11)BCS – banking computer systems (Compass Plus, Colvir, Web Methods);

12)Chat – a service for real-time message exchange with RBSS Users;

13)Bot (virtual personal assistant) – a special program providing automatic responses to RBSS Users' inquiries during the message exchange.

15)virtual card – a bank card issued in electronic form via RBSS by means of the Bank providing the customer with information about its details, in a way provided for in this Agreement;

16) statement – information on payments and (or) transfers of funds and other transactions performed using the bank cards in accordance with the Agreement. The statement constitutes sufficient proof of performance of card transactions using a virtual/pre-paid virtual card;

17) pre-paid virtual card – a card issued in electronic form without opening a User’s bank account, granting the User the ability to perform payments and (or) transfers of funds within the limits of the amount previously deposited by its initial holder and recorded on the internal account of the Bank intended for recording transactions with pre-paid virtual cards.

1.List of Electronic Banking Services

Informational banking services*:

18) jailbreak – a transaction which is not supported officially by the Apple Corporation, which allows access to the file systems of a number of the company’s devices, including iPad and iPhone.

19) rootrights for Android, special account within the system, allowing its owner to perform absolutely any and all transactions within the system.

Other specific terms and definitions used within the text of the General Conditions, shall be used in compliance with the meaning established by the law of the Republic of Kazakhstan.

1.1.The Bank shall provide the User with the ability to remotely use the following Bank services:

1)providing information on balance and the flow of funds on any of the User’s accounts opened at the Bank, within a certain time period/as of a certain date;

2)providing information on accrued interest regarding the User’s deposit;

3)providing information on a number and currency of a bank account, concluded bank account contract and the interest rate under the bank account contract;

4)providing information on the repayment schedule under the bank loan agreement;

5)providing information on any debts owed to service providers;

6)providing information on branches and ATMs;

7)providing information on currency exchange rates established by the Bank;

8)providing information on terms and procedures of rendering of the banking services by the Bank.

Payment services*:

9)performance of payments and (or) transfers of fund using a bank account, crediting of funds to the bank accounts, including those of the third parties;

10)performance of payment and (or) transfers of funds without a bank account opening;

11)performance of funds transfers to a contact details (mobile telephone number) with the ability to receive funds using a bank card or withdraw cash via ATM;

12)issue of a bank card online;

13)performance of payment in favor of a service provider;

14)performance of transfers/payments into the budget;

15)repayment of a bank loan indebtedness

Other services*:

16)filing an application for obtaining a loan or amending terms of a loan;

17)opening a bank account online;

18)removing/setting limitation for performance of card transactions abroad, limitations for withdrawal of cash via ATM, performance of transactions via the Internet, etc.;

19)temporary blocking and full blocking of a bank card;

20)changing a password for logging into RBSS;

21)service for real-time message exchange with the Users of RBSS (chat);

22)service for real-time message exchange with a virtual personal assistant (bot).

*Services specified in paragraphs 8)-11) and 13), 14) shall be rendered without the need for the User to undergo a registration procedure.

This list is not exhaustive and may be amended by the Bank unilaterally throughout the development of RBSS; the Bank shall notify its Users to that effect by posting the appropriate information on the official website of the Bank at www.forte.bank.

1.Rights and Responsibilities of the Parties

2.1. The Bank shall:

1)ensure identification and authentication of the User within RBSS in accordance with the procedure specified herein;

2)render electronic banking services according to the procedure specified herein and provided for by the law of the Republic of Kazakhstan;

3)notify the User about conducted technical maintenance of RBSS which may interrupt access and interfere with rendering of the electronic banking services, by posting an informational memo on the website at www.forte.bank, specifying the date of completion of the maintenance;

4)perform documents/directive of the User formed and transferred via RBSS, provided the User complies with the terms of the Agreement and requirements of the law of the Republic of Kazakhstan;

5)The Bank shall be liable for keeping the bank secret concerning the User’s transactions. Information related to such transactions may me disclosed only according to the procedure specified by the Agreement with the User and the law of the Republic of Kazakhstan.

2.2.The Bank is entitled to:

1)decline the User’s transaction in the following cases:

-impossibility of taking measures in order to conduct identification and authentication of the User;

- the User submitting fabricated name during the input of the bank card details;

- in case if, during examination of a transaction performed by the User, there are any suspicions of any unsanctioned transaction;

-in case if one of the parties/participants of the transaction/deal or obligation under the deal is an entity registered in a country with a significant risk of money laundering and financing of terrorism, determined by an international organization or a foreign state, or if any such entity participates in performance of such transaction/deal;

-in case if, during the process of examination of transactions performed by the User, there are any suspicions of such transactions being performed for the purpose of legalization (laundering) of income obtained by illegal means or financing of terrorism;

-in case of the User’s refusal to provide the necessary documents and information, as well as to give consent to collection, processing and transfer of data/information of the User to the USA Internal Revenue Service, in compliance with the requirements of the Foreign Account Tax Compliance Act (FATCA), including by means of the authorized governmental bodies of the Republic of Kazakhstan, expect for cases provided for by the law of the Republic of Kazakhstan;

-in cases specified by the Law of the Republic of Kazakhstan On Combating Legalization (Laundering) of Incomes Obtained by Illegal Means, and Financing of Terrorism;

-in other cases provided for by the law of the Republic of Kazakhstan.

2)withdraw sums of money in the amount of rates subject to payment by the User for the electronic banking services rendered by the Bank hereunder, by any means not prohibited by the law of the Republic of Kazakhstan, based on the User’s preliminary consent represented by signing this Agreement and concerning withdrawal of funds from his current account(s) using a bank card opened in the second tier banks;

3)deny rendering of services in case of absence of funds on the User’s bank account(s) using a bank card, opened in the second tier banks, sufficient for payment of fees in accordance with the Bank’s rates;

4)deny registration of the bank cards of certain banks or banks of any country, in case if one of the parties/participants of the transaction/deal or obligation under the deal is an entity registered in a country subject to sanctions;

5)independently and unilaterally amend the rates/limits and other documents of the Bank regulating operating procedures of RBSS and the conditions of rendering of electronic banking services, by posting such information in the publicly available spaces at the Branches/Outlets of the Bank and on the official website of the Bank atwww.forte.bank, except for the cases directly specified by the law, where such unilateral amendment not allowed;

6)change the interface and technical settings of RBSS.

2.3. The User shall:

1)when entering the bank card details in order to perform transactions via RBSS, provide actual data of the bank card’s holder;

2)not disclose/transfer to other persons any information concerning his own RBSS authentication and identification parameters, as well as the bank card details during performance of card transactions performed using CVV2/CVC2-code, verified by Visa/MasterCard Secure Code, with 3D Secure/SecureCode correct password input confirmation, including periodic payments and (or) transfers;

3)perform transfers of funds taking into account the limits established by the Bank in regards to the transfer amounts, including the limits of the issuing banks and the limits regulated by the international payment systems;

4)perform all the necessary RBSS identification and authentication procedures established by the Bank;

5)operate RBSS in full compliance with the requirements hereof;

6)when necessary to perform payment/transfer of funds, ensure availability of sufficient funds in order to perform the payment/transfer and pay the fee in accordance with the Bank’s rates;

7)comply with the requirements of the Bank's security procedures;

8)provide the Bank with the documents necessary for performance of transactions, as well as with the documents requested by the Bank for the purposes of currency exchange control, compliance with the requirements of the law of the Republic of Kazakhstan on combating legalization (laundering) of income obtained by illegal means and financing of terrorism, as well as for conducting collection, processing and transfer of data/personal data to the USA Internal Revenue Service in accordance with the requirements of FATCA, including by means of the authorized governmental bodies of the Republic of Kazakhstan. In the event of any changes to the information presented to the Bank in accordance with the requirements of FATCA (including the information that the User is not a citizen and taxpayer of USA, has not entered USA within a year, has residence permit, postal address or telephone number registered in USA, has not granted any Power of Attorney authorizing any natural person residing within USA to perform transactions), the User shall notify the Bank through his own effort;

9)periodically, conduct monitoring of the amendments introduced to the Agreement and the Bank’s rates by examining them on the Bank’s website;

10)ensure availability of prompt communication with the Bank for the purpose of establishing the validity (authorization) of various card transactions (participation or non-participation of the User – holder of a pre-paid virtual card in such transactions);

11)utilize the funds on the pre-paid virtual card in their entirety within its period of validity;

12)not use a pre-paid virtual card for entrepreneurship or any illegal purposes, including payment for goods, works and/or services prohibited by the law of the Republic of Kazakhstan;

14)ensure the proper protection of software and computers or other devices used to access the Internet during performance of payment.

1)use the electronic banking services in a manner specified herein;

2)receive from the Bank information and consultations regarding the issues of obtaining the electronic banking services via RBSS;

3)demand from the Bank proper performance of its obligations hereunder;

4)independently form within RBSS statements regarding transactions performed using bank cards.

3.Electronic Banking Services Rendering Procedure and Conditions

3.3.In case if the User has undergone the registration procedure, identification shall be performed by means of checking the correctness of the User’s login and password.

3.4.The User shall register in RBSS and receive the electronic banking services independently by way of performing actions specified in the General Conditions.

3.5.RBSS shall be available to the User around the clock. The Bank shall render electronic banking services to the User via RBSS, provided there is technical possibility. Inquiries related to obtaining electronic banking services via RBSS should be addressed to the support hotline using the telephone numbers published on the official website of the Bank at www.forte.bank.

3.6.In order to receive RBSS services, the following conditions should be met simultaneously:

3.7.Performance of any transaction specified herein shall be possible only provided there has been identification of the User during formation, transfer and receipt of the documents via RBSS, as well as authentication of the User’s directives by the Bank by way of checking the confirmation code entered by the User.

3.8.If the User has a bank account at the Bank, the User shall be obligated to undergo the registration procedure; if the User has no accounts at the Bank, the registration procedure shall be possible, but not mandatory in order to receive electronic banking services.

3.9.If the User has a bank account at the Bank, registration shall be performed by entering a mobile telephone number IIN, as well as the last 6 digits of the bank account number and the confirmation code provided by the Bank to the User by means of SMS-message.

3.10.If the User has no bank account at the Bank, but has a bank card which acts as means of access to a bank account at another second tier bank, registration shall be performed by entering the mobile telephone number, IIN, as well as the last 6 digits of the bank account number or the bank card and the confirmation code provided by the Bank to the User by means of SMS-message.

3.11.In the event of the personal mobile telephone number change, registration within RBSS shall be repeated using the new mobile telephone number. At the same time, registration using the old mobile telephone number shall become void. In order to undergo the procedure of changing the mobile telephone number for the purpose of re-registration using the new mobile telephone number, the User shall have to contact an outlet of the Bank.

3.12.Directives/documents addressed by the User to the Bank in electronic form via RBSS, after the positive outcomes of authentication and identification of the User, shall be considered to be sent on the user’s behalf and acknowledged as having equal force to the hard copy of the document signed by the User’s own hand. The said documents shall constitute sufficient grounds for the Bank’s performance of transactions and other actions on the User’s behalf.

3.13.The User and the Bank shall take upon themselves in full all obligations arising in connection with the documents/directives sent by the User and received by the Bank via RBSS, in accordance with the Agreement.

3.14.The Bank shall provide the User with confirmation of sending/receipt of the User’s directives in electronic form (electronic receipt/bill) via RBSS after the positive outcome of the User’s authentication and identification. Recording (registration) of the received and/or performed electronic documents shall be made by the Bank in the electronic log book.

3.15.Having received directives from the User to perform a transaction via RBSS, the Bank shall perform the User’s directive on the data of its initiation and according to the procedure provided for by the law of the Republic of Kazakhstan.

3.16.When performing inter-bank transfers, the sender shall be responsible for entering true and correct details of the recipient.

3.17.When performing transactions using details of the bank cards issued by the second tier banks, the User’s directives shall be considered to be sent on the User’s behalf only after the positive results of CVV2/CVC2 and 3D Secure codes entry check.

3.18.Transfer amount may not exceed the transfer amount limits established by the Bank, including the limits established by the issuing banks and the limits regulated by the international payment systems.

3.19.When rendering electronic banking services via RBSS, the Bank shall form the appropriate payment documents in electronic form in relation to all the User’s transaction and according to the procedure established by the law of the Republic of Kazakhstan.

3.20.Payment documents formed by the Bank while rendering electronic banking services shall be kept in electronic form for at least 5 years.

3.21.The Bank shall notify the User on the performed transactions in electronic form via RBSS.

3.22.The User shall independently conduct monitoring of the Bank’s performance of the User’s directives received via RBSS.

3.23.Maximum period of rendering payment services provided by the Bank within the Agreement’s period of validity shall coincide with the period provided for by the law of the Republic of Kazakhstan.

3.24.The Bank shall accept complaints regarding contested transactions performed via RBSS in accordance with the procedure provided for by the law of the Republic of Kazakhstan and the guidelines of the international payment systems.

4.Recurrent Transactions Service Rendering Procedure

4.3.Authentication and identification of the User shall occur once, at the moment of creation of the initial directive by the User regarding performance of recurrent payments and (or) transfers of funds by way of entering the User’s login and password, as well as SMS-code confirming the transaction.

4.4.Upon receipt of the initial directives from the User regarding performance of recurrent payments and (or) transfers of funds, the Bank shall perform the User’s directive within the period and to the amount, specified by the User, without preliminary authentication and identification of the User at the moment of performance of consecutive recurrent payment and (or) transfer of funds. All recurrent payments and (or) transfers of funds shall be performed by the Bank starting from 9 a.m. of the date specified by the User.

4.5.The User shall independently monitor the actual performance of recurrent transactions.

4.6.SMS-notification on pending transactions shall be sent to the User 3 (three) calendar days prior to the date of performance of the payment and (or) transfer of funds.

4.7.SMS-notification on the transaction itself shall be sent to the User at the moment of withdrawal of the amount of the recurrent payment and (or) transfer of funds from the User’s bank account.

4.8.Period of validity of the permanent directive shall be determined by the User. Date of initiation of performance of the recurrent payments and (or) transfers of funds may not be set at the current date after 8 p.m.

4.9.If, at the moment of performance of a recurrent payment and (or) transfer of funds via RBSS, the transaction cannot be performed due to insufficient funds on the bank account (which shall be recorded by RBSS as the appropriate transaction status), the Bank shall send the appropriate SMS-notification to the User regarding insufficiency of funds on the bank account for performance of the transaction.

4.10.RBSS shall send funds withdrawal requests 5 times every 3 hours throughout the day specified by the user in each directive for performance of a recurrent payment and (or) transfer of funds. At the time of each request, the Bank shall send the appropriate SMS-notification.

4.11.If, prior to occurrence of the third and final attempt at performance of the transaction, the User has not provided sufficient funds on his bank account for performance of the recurrent payment and (or) transfer of finds, the transaction shall be cancelled. The next attempted performance of the recurrent payment and (or) transfer of funds shall be made in accordance with the schedule set by the User.

4.12.The User shall be entitled, at any time, to cancel the permanent directive by deleting the created template directive for performance of the recurrent payment and (or) transfer of funds.

4.13.In the event of cancellation of the Recurrent Transactions service on the date of withdrawal of funds from the User’s bank account, and if such transactions have been already performed by the Bank, cancellation of this service shall become effective starting from on the next planned date of regular payment and (or) transfer of funds.

4.14.The Bank shall perform recurrent payments and (or) transfers of funds in favor of the beneficiary, provided there is a technical possibility on the part of the beneficiary. If, at the moment of performance of a recurrent payment and (or) transfer of funds, the beneficiary’s system does not accept payments and (or) transfers of funds for any reason, the Bank shall not be liable for success of such transaction.

5.Transfer to Contact Details Service Rendering Procedure

5.1.When performing transfer of funds to contact details (telephone number), the remitter shall specify the full name of the owner of the contact details to which the transfer is being made, for the purpose of proper verification of the recipient.

5.2.Crediting of funds to the recipient shall be made after the recipients specifies the method of acquiring the transfer and enters the necessary bank card details or codes for withdrawal of cash at ATM.

5.3.The remitter may transfer funds to the mobile telephone number with the option of subsequent withdrawal of cash via the Bank’s ATM, taking into account the approved limits. Cash withdrawal via ATM shall be accessible to the transfer recipient only provided the transfer amount exceed 1 000 (one thousand KZT) within the limit established by the Bank.

5.4.After performance of transfer, SMS-notification with a unique link shall be sent to the recipient. In order to receive the transfer, the recipient shall need to follow the link in the SMS-notification. After clicking the link, if the user has no mobile RBSS application installed, the appropriate page of RBSS website shall open, where the user shall have to specify the method of acquiring the transfer.

5.5.If the recipient has specified crediting of funds to a bank card, in order for the funds to be credited the recipient shall have to enter the details of a bank card issued by any second tier bank.

5.6.If the recipient has specified withdrawal of funds via ATM, in order to acquire the funds, the recipient shall have to generate RBSS code for cash withdrawal at ATM. Period of validity of the generated 6-digits digital code is 10 minutes; within this time period, the recipient shall have to enter said code at any ATM of the Bank.

5.7.After entering the code generated by RBSS, the recipient shall receive SMS-notification from the Bank with the second part of the code in the form of 6-digits digital code, which should also be entered on the ATM screen. Period of validity of said code is 3 minutes.

5.8.Cash withdrawal shall only be possible at the Bank’s ATMs and only upon condition of correct entry of the two parts of the code sent by the Bank within RBSS and by means of SMS-notifications. In the event of the recipient entering any part of the code incorrectly 3 times in a row, the transaction of cash withdrawal via ATM shall be blocked. However, the recipient shall be able to receive the transfer to the bank card by repeating the actions specified in paragraphs 5.4 and 5.5 of the General Conditions.

5.9.If, upon expiration of 24 hours from the moment of performance of a transfer to contact details, the recipient has not performed the actions necessary for receipt of the transfer, the funds shall be returned to the transfer initiator’s bank card, after deduction of the Bank’s fee.

5-1.Chat/Bot Services Rendering Procedure

5-1.1Chat/Bot services shall be available only to RBSS Users with installed mobile Bank application, provided there is connection to the Internet.

5-1.2Chat service shall be rendered to the Users registered within RBSS. Bot service shall be rendered to the Users regardless of registration within RBSS.

5-1.3After initiation of chat with another User of RBSS or a Bot, the User shall be able to exchange messages with another User or a Bot via dialogue windows in real-time.

5-1.4The User hereby agrees that, during his use of the chat with other Users of RBSS, including conference chats, the Bank shall disclose the User’s registration status within RBSS to the other Users of RBSS, for the purpose of synchronizing with the list of contacts kept in the User’s mobile telephone address directory, in order to display them in the chat contact list. At the same time, the User is prohibited from gathering and transferring to the third parties any data related to the User’s registration status within RBSS.

5-1.5The User shall not:

1)transfer, using the chat, any information prohibited by the law of the Republic of Kazakhstan and the norms of international law, including information violating the rights and legally protected interests of the third parties, promoting religious, racial or international discord, inciting violence or inhumane treatment of animals, being of inappropriate or offensive nature, containing advertisement of narcotics, promoting discussion of illegal actions, requesting or offering pornographic images, as well as any materials which may cause harm to minors, cause distress and create any threat to life and well-being, violate copyright and any allied rights of any copyright holder and the third parties and which may be used to commit illegal acts against the Bank and its clients to the detriment of their interests;

2)send, keep or transfer via the chat any viruses or other files containing harmful codes which may encumber, worsen performance or cause technical malfunction or any damage to RBSS.

5-2.Virtual Card Issue Procedure

1)virtual card number;

2)virtual card period of validity;

3)CVV2/CVC2 code (formed at every request by a customer).

5-2.9 The Bank shall issue and manage a virtual card and open a bank account according to the procedure provided for by the law of the Republic of Kazakhstan, by the contracts entered into by the Bank and the participants of the payment systems, by the Agreement and by a Contract on Issue and Management of Bank Cards (with a natural person).

6.Confidentiality

6.1.The Bank shall implement measures aimed at prevention of unsanctioned access by the third parties to the information comprising the User’s bank secret. Any information of such nature may be disclosed to the third parties only in accordance with the procedure established by the law of the Republic of Kazakhstan.

6.2.The Parties hereby agree that all information received hereunder is confidential, and that its disclosure to any third parties without preliminary written consent from another Party is not allowed.

Prohibition established by this paragraph does not cover any cases where presentation or disclosure of such information is predicated upon requests from persons or bodies authorized by the law of the Republic of Kazakhstan.

7.Force Majeure

7.1The Parties shall be exempt from liability for failure to perform or improper performance of obligations hereunder, provided such failure to perform or improper performance resulted as a consequence of insurmountable circumstances (force majeure).

7.2The Parties shall view as insurmountable circumstances any circumstances which would have occurred after the signing hereof as the result of unforeseen and unavoidable events of extreme nature, officially recognized as such, such as: war and military action, natural and other disasters occurring in regions officially recognized as such, acts of legislative and/or executive authorities of the Republic of Kazakhstan and the National Bank of the Republic of Kazakhstan, prohibiting or limiting the activity directly related to the subject of the Agreement, due to which it may become impossible to perform obligations hereunder in a timely manner, as well as inoperability, glitches and errors in operation of RBSS and damage to communication lines ensuring operation of RBSS.

7.3A Party which has become unable to perform its obligations hereunder due to the circumstances specified in paragraph 7.2. of this Agreement shall promptly notify another Party (by means of sending SMS-message to the User’s telephone number or posting the appropriate information on the Bank’s official website at www.forte.bank).

7.4In cases specified in paragraphs 7.1. - 7.3. hereof, the period of performance of obligations under the Agreement shall be extended proportionately to the period of effect of such circumstances and their consequences.

8.Liability of the Parties

8.1The Parties shall be liable for failure to perform or improper performance of obligations under the Agreement in accordance with the internal rules of the Bank and the terms hereof, and in cases, specified herein – as provided for by the law of the Republic of Kazakhstan.

8.2The Parties shall be mutually liable for violation of obligations under the Agreement only to the extent of actual damage, provided there is a guilty Party.

8.3For the unjustified failure to perform a directive regarding payment and (or) transfer of funds by the Bank, the Bank shall pay a penalty in the amount of 0,01% of the transaction amount.

8.4Liability for any loss incurred due to unsanctioned access of the third parties to RBSS shall be laid upon the guilty Party.

8.5.The Bank shall not be liable for any losses incurred due to unsanctioned use of the User’s means of confirmation by the third parties, if such use became possible not due to the fault of the Bank.

8.6.The Bank shall not be liable for any losses incurred due to the use of the application on the devices with jailbreak/ root right.

8.7.The Bank shall not be liable in the event if the information related to reception of electronic banking services by the User became known to the third parties during obtaining of the services by the User as the result of their access to the information during its transfer along the communication channels outside the Bank.

8.8.In case of the Bank's proper performance of clause 1) paragraph .2.1. hereof, the Bank shall not be liable for any unsanctioned payments performed using the User’s bank account.

8.9.By entering into the Agreement, the User hereby accepts all the risks and consequences which may arise in relation to any limitations and prohibitions established by the law of the foreign states and sanctions in compliance with jurisdiction of any country or international organization, the effect of which is applicable to the User and his transactions (including, but not limited to, related to the type of transaction, to the country of registration and (or) stay of the User). The Bank shall not be liable for such risks and consequences.

9.Suspension of Operations within RBSS

9.1.The User may suspend operations within RBSS; to this effect, the User must contact the Call Center Department, in order to undergo user identification procedure based on his personal data retained in BCS. In order to resume operations within RBSS, the User shall have to contact an outlet of the Bank. When resuming operations within RBSS, re-registration is not required.

9.2.In the event of 90-days absence of any User activity, automatic user blocking shall take place. In order to resume operations within RBSS, the User shall also have to contact an outlet of the Bank.

9.3.The Bank shall suspend or terminate rendering of electronic banking services to the User in the following cases:

1)violation by the User of the procedure or conditions of access to electronic banking services specified by the Agreement;

2)failure of hardware ensuring rendering of electronic banking services;

3)cases provided for by the Bank’s security procedures;

4)on other grounds provided for by in the Agreement or by the law of the Republic of Kazakhstan.

10.Disputes Resolution Procedure

10.1.In the event of any disputable situation, including situations concerning unsanctioned payment services, the User shall be entitled to contact the Bank’s Call Center using telephone number 8 8000 800 819 (calls from landlines throughout Kazakhstan are free of charge) or 7575 (calls from mobile phones throughout Kazakhstan are free of charge) (verbal inquiry), specifying address, telephone number, content of the complaint and other information, or to send his complaint/notification/inquiry in writing to the address specified in the Agreement. The Bank shall consider the User’s inquiry within 15 calendar days, starting from the date of registration of such inquiry.

10.2.The Parties shall make their best efforts necessary for all disputes and differences arising between the Bank and the User during implementation of the Agreement to be resolved according to the principles of goodwill and mutual agreement.

10.3.In the event of any disputes and differences between the Bank and the User not being resolved by negotiations, they may be submitted to the judicial authorities of the Republic of Kazakhstan.

10.4.In all other cases not provided for herein, the Parties shall be governed by the law of the Republic of Kazakhstan.

11.Other Conditions

11.1.During rendering of electronic banking services via RBSS in foreign currency, a foreign exchange rate established by the Bank as of the date of performance of the transaction shall be applied; for transactions using bank cards of other second tier banks, the foreign exchange rates of international payment systems (hereinafter – IPS) and issuing banks shall be applied, unless otherwise specified by the law of the Republic of Kazakhstan.

11.2.Actions and transactions involving interaction with IPS shall comply with the requirements and rules of IPS.

11.3.The Bank shall be entitled to amend the General Conditions, except for the conditions unilateral amendment of which is prohibited by the law of the Republic of Kazakhstan, or to repudiate the General Conditions, unilaterally and extrajudicially, by posting the appropriate information on the Bank’s website or sending the User the appropriate informational message via RBSS, using a pop-up window, or by sending SMS-message, at least 30 (thirty) days prior to the planned date of amendment/repudiation of the General Conditions, as well as shall publish the amended General Conditions on the support page at https://mysupport.fortebank.com.

11.4.By entering into the Agreement, the User hereby acknowledges and agrees, that the documents/directives sent by the User via RBSS and received by the Bank, provided there is compliance with the established requirements, shall be legally equivalent to reception of the documents on paper medium, and that they conform to the written transaction form in accordance with the requirements of the law of the Republic of Kazakhstan.

11.5.The User shall authorize the Bank to use the documents/directives formed and sent by him according to the procedure and based upon the conditions specified herein, on par with the documents/directives on paper medium. At the same time, the User shall be fully liable for content of such documents/directives sent by him to the Bank to be performed, as well as for the legal consequences arising from such documents.

11.6.By signing the Agreement, the User hereby acknowledges the Bank’s right and consents to:

1) the Bank performing/implementing any actions/measures not prohibited by the law of the Republic of Kazakhstan related to gathering, processing, confirmation and verification of any type of personal and other data of the User (hereinafter – Data), submitted by the User/gathered by the Bank within the framework of rendering banking services, as well as reception (gathering), processing, confirmation and verification of clarified and/or true/relevant Data in case of discovery of any discrepancies/amendments of the available Data.

2) gathering, processing and transfer of data/personal data of the User to USA Internal Revenue Service, in compliance with the requirements of FATCA, including by means of the authorized bodies of the Republic of Kazakhstan;

3) disclosure by the Bank, in accordance with the procedure provided for by the law of the Republic of Kazakhstan, of information comprising commercial, bank and other secret protected by the law of the Republic of Kazakhstan:

a) in cases specified by the law of the Republic of Kazakhstan;

b) to the employees of the Bank;

c) to the persons performing inspection of the Bank's activities on the grounds and in compliance with the law of the Republic of Kazakhstan;

d) to a contractual party (parties), in the event of the Bank entering into agreement(s) with such entity (entities), the subject thereof being such party (parties) undertaking obligations of nondisclosure of information received from the Bank to the third parties.

11.7.By entering into the Agreement, the User unconditionally agrees that the recording of conversations between the User and an employee of the Bank over telephone made via recording device shall be considered sufficient proof of content of a verbal message received from the User.

to General Conditions of the Agreement on

Rendering Electronic Banking Services

Prohibition against performance of transactions with a certain category of vendors by means of pre-paid virtual card

- in case if the User is an entity included into the List of organizations and persons related to financing of terrorism and extremism compiled by the Committee on Financial Monitoring under the Ministry of Finance of the Republic of Kazakhstan or into the Consolidated United Nations Security Council Sanctions List;

13)when using a pre-paid virtual card, comply with the rules for performance of payments/transfers of funds and execution of the payment documents and performance of currency exchange transaction, as well as with other requirements specified herein and provided for by the law of the Republic of Kazakhstan;

2.4. The Uses is entitled to:

3.1. The User shall receive the right to use the Bank’s services in a manner established herein, after confirming his consent to accept the conditions hereof and provided he has undergone the procedure of identification within RBSS.

3.2. User identification shall be conducted by way of the User specifying his personal mobile telephone number to which the Bank shall send a confirmation code in order to check and confirm matching of the User’s mobile telephone number to the one specified for operations within RBSS.

1) access to RBSS (by way of connection to the Bank’s web-resource at https://my.fortebank.com or via the Bank's official mobile application);

2) mobile phone capable of receiving SMS-messages using a number provided by a Kazakhstan communication services provider;

3) bank account opened at the Bank of a bank card issued by a bank of the second tier;

4) the Bank possessing technical ability to render electronic banking services;

5) the issuing Bank approving the transaction.

4.1.The Bank shall render Recurrent Transactions service to the User via RBSS, which shall allow the User to remotely set the conditions of performance of recurrent payments and (or) transactions of funds, and the user shall pay for such transactions in accordance with the Bank’s rates, unless otherwise specified by the General Conditions.

4.2.Existence of the User's active registration within RBSS shall be the mandatory condition for performance of recurrent payments and (or) transfers of funds.

4.3.Recurrent Transactions service activation shall be made by the User independently via RBSS, upon condition of the User’s identification, as well as upon the authentication of the User's directive regarding performance of recurrent payments and (or) transfers of funds by the Bank, by way of checking SMS-code entered by the User.

5-2.1A virtual card shall be issued to the User with a bank account at the Bank, in electronic form via RBSS, without a physical medium, by way of the Bank providing the bank card holder information on its details. Virtual card details shall be displayed on a screen within RBSS. Virtual card shall be issued in active state and thus shall not be subject to activation.

5-2.2The following data shall be contained in the virtual card details:

5-2.3Virtual card period of validity shall be 5 (five) years, starting from the date of issue.

5-2.4Virtual card shall be issued as a primary card with opening of a separate bank account or as an additional card with opening of a separate bank account, or as an additional card attached to an active bank card of the User – holder of the primary card.

5-2.5There shall be no issue of an additional card attached to the virtual card.

5-2.6Virtual card shall be issued for the purpose of performing payments to goods/works/services via the Internet without requiring further presentation.

5-2.7It shall be possible to deposit funds into the virtual card in following ways:

1)By card-to-card transfer;

2)Using the Bank's Cash-in devices.

5-2.8In order to perform a transaction, the User shall require to:

1)deposit funds into the virtual card;

2)specify the virtual card number, CVV2/CVC2 code and the virtual card period of validity on the selected website during purchase;

3)specify the purchase amount which shall be withdrawn from the virtual card; afterwards, the purchase shall be concluded.

ADDENDUM 1

MSS-codes MSS segment name
3000-3299, 4511 Airlines
3351-3441, 7512, 7519 Vehicle rental merchants
3501-3836, 7011 Lodging Merchants (including hotels)
4411, 4131 Cruise Lines
4722 Travel agencies
4112 located in US Passenger railways (passenger railways within the regions of USA)