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Charter

Chapter One General Provisions Chapter Two Functions and Scope of Application
Chapter Three Conditions for Application Chapter Four Formalities for Application
Chapter Five Account and Transaction Management Chapter Six Method for Interest Reckon and Provisions for Service Charges
Chapter Seven Rights and Obligations of Card Issuer Chapter Eight Rights and Obligations of Card Issuer
Chapter Nine Supplementary Provisions  

Chapter One General Provisions
Article 1 This Articles is formulated in accordance with the Measures for the Administration of Bank Card Business and relevant regulations of national foreign exchange control policies. 
Article 2 Huaxia Credit Card (hereinafter referred to as the Credit Card) is an e-payment card issued by Huaxia Bank (hereinafter referred to as the Card Issuer) with a certain credit line granted to the Cardholder within which the Cardholder can make cash deposit and withdrawal, account transfer and settlement, obtain commodities and services from promissory shops, and make due payment in a stipulated manner.
Article 3 The Credit Card is classified into personal card and institutional card by Cardholder. The institutional card is composed of business card, corporate card and procurement card, while personal card of one account consists of one principal card and a number of supplementary cards. The Credit Cards can also be classified into RMB cards and dual currency (RMB and foreign currency) cards by currencies of settlement account; into Ordinary Card, Gold Card, Titanium Card, Platinum Card, etc by credit rating, product functions and services; into China UnionPay Card, VISA Card, and MasterCard by brands of bank card alliance organizations involved; into magnetic stripe card and IC card by storage medium of information; and into Co-branded Card and Affinity Card by nature of co-issuers.
Article 4 The Card Issuer, relevant institutions involved in the credit card business and Cardholders shall abide by this Article.  

Chapter Two Functions and Scope of Application
Article 5 The Credit Card has such basic functions as credit consumption at home (linked with UnionPay) and abroad (linked with VISA, MasterCard, UnionPay), discount from promissory shops, circular credit, installment payment, account transfer and settlement, domestic and overseas cash deposit and cash withdrawal, etc. The Cardholder is entitled to corresponding value-added services based on the rating of his/her card. 
Article 6 The Cardholder can make spending with the credit card at designated promissory shops within or out of the territory of China, withdraw cash and complete relevant transactions from and with branches of the Card Issuer, automatic teller machine (ATM) networked with the Card Issuer and member units of designated bank card alliance organization, which will be settled in RMB or a designated foreign currency.

Chapter Three Conditions for Application
Article 7 Chinese residents with complete civil capacity, stable and lawful income and good credit record as well as foreigners lawfully living within the territory of China are eligible to apply for personal card by presenting valid personal ID certificates specified by the public security authorities and other relevant documents specified by the Card Issuer. A personal principal cardholder can apply for supplementary cards for designated persons. The principal cardholder shall undertake full repayment liabilities for debts (transaction principal, fees, interest, etc.) arising from the principal card and supplementary cards. The supplementary cardholder shall undertake unlimited joint repayment liabilities for debts in connection with use of his /her card. The principal cardholder can cancel the supplementary cards.
Article 8 Those who have opened a basic deposit account with any financial institution within the territory of China can apply for institutional card by presenting the account opening permit issued by People's Bank of China and relevant documents specified by the Card Issuer and valid ID certificate of the designated cardholder. The qualification of cardholder for applying for institutional card shall be appointed or canceled in writing by the legal representative of the applying institution or his/her authorized agent. One institution can apply for multiple institutional cards. Except otherwise specified, the applying institution shall undertake the total repayment liabilities for all the debts (transaction principal, fees, interest, etc.) arising from its designated institutional card.

Chapter Four Formalities for Application
Article 9 The Applicant shall fill in the application form truthfully and completely, submit designated supporting documents, and agree that the Card Issuer has the right to verify the authenticity of all the submittals from relevant units. Upon signing of the Agreement for Collection and Use of the Credit Card with the Card Issuer, the Applicant is deemed to have understood and confirmed to perform and abide by the Articles and all provisions of the Agreement for Collection and Use of the Credit Card.
Article 10 The Card Issuer will, at its sole discretion, decide whether to issue the Credit Card to the Applicant based on the Applicant's credit status, and grant the Applicant with corresponding credit line based on his/her credit conditions. The Card Issuer is entitled to adjust the Cardholder's credit line in accordance with card use status and changes of his/her credit status. 
Article 11 The Card Issuer, when deemed necessary, can require the Applicant to provide a guarantee or a deposit a specified amount as a security. In addition, the Cardholder and the guarantor shall sign a guaranty agreement with the Card Issuer separately with guaranty covering all the debts (including transaction principal, interest, fees, etc.) under the credit card of the Cardholder. Without prior consent from the Card Issuer, the Cardholder shall not withdraw the pledged deposit during the period that the deposit is pledged to the Card Issuer till the credit account is officially cancelled by the Card Issuer.
When contact between the Card Issuer and Cardholder is broken or the Cardholder fails to repay the debts of his/her credit card, the guarantor shall undertake unlimited joint liabilities and immediately repay all the debts (including overdrawn principal, interest and relevant expenses) in connection with the Cardholder. Without approval of the Card Issuer, the guarantor shall not discharge the guarantee. To cancel the guaranty, the guarantor shall handle relevant cancellation formalities at the Card Issuer in writing, and undertake all the debts of the account with the Cardholder and all relevant expenses arising from such liabilities before such guarantee is officially cancelled. The Card Issuer shall be entitled to notify the Cardholder that the card-holding qualification has been cancelled after the guarantor retreats from the guaranty status.
Article 12 The Credit Card shall be valid for a maximum period of three years. In case the Cardholder does not intend to replace the card with a new one upon expiration of a card, he/she shall notify the Card Issuer in writing or in any other form recognized by the Card Issuer one month prior to the expiry of the card. All claims and debts arising from use of the credit card by the Cardholder, if they are not settled, shall not change due to the expiry of the card.
In case the card is lost or damaged and the Cardholder wants to continue to use it, he/she may contact the Card Issuer for replacement.

Chapter Five Account and Transaction Management
  Article 13 The Credit Card shall be used only by the legitimate Cardholder, and shall not be used by others by lease, sub-tenancy or other means; otherwise, all losses and consequences occurred shall be undertaken by the legitimate Cardholder and the Card Issuer has the right to retract the Credit Card.  
Article 14 The Card Issuer, after approval, will open the personal RMB settlement account or foreign exchange settlement account (RMB and foreign currency) depending on the type of the Credit Card selected by the Applicant. The funds in the RMB account of the personal card of the Cardholder can be deposited in cash or transferred from the personal settlement account. In the case of being transferred from the institutional deposit account, it shall comply with the relevant national financial management regulations. The funds in the foreign exchange account of the personal card can be deposited by the following means: foreign currencies held by the Cardholder; transferring from his/her foreign exchange account (including the foreign currency account); offshore remittance; purchasing foreign currencies according to the state regulations. The use of RMB account and foreign exchange account shall follow the Measures for the Administration of Bank Card Business and relevant provisions of the state on foreign exchange control.  
Article 15 The account of the institutional card shall not be overdrawn for account transfer and settlement in relation to commodity transaction and labor service supply. The funds for the RMB account of the institutional card shall be transferred from the basic deposit account of the institution and shall not be deposited in cash. The funds for the foreign-currency account of the institutional card shall be transferred from the foreign-exchange account of the institution and shall not be deposited in foreign currency within the territory of China. The opening and operation of the foreign currency account shall be subject to the relevant regulations of the State Administration of Foreign Exchange regarding the administration of foreign-exchange accounts within the territory.  
Article 16 Where the Cardholder makes spending in the promissory shops linked with UnionPay or deposits and withdraws RMB cash in and from the designated depots in China and withdraws foreign currency from ATM or financial institutions linked with China UnionPay or makes spending in shops overseas, such transactions shall be all accounted in the RMB account of his/her credit card. In case of withdrawing foreign currency from ATM or member institutions linked with the overseas bank card organization or making spending in shops, all such transactions shall be accounted in the foreign-currency account of the credit card. Spending through the foreign-currency account in China and foreign-currency cash deposited and withdrawn at the designated depots of the Card Issuer shall all be accounted in the foreign-currency account. To make spending and withdraw cash overseas with the credit card, the Cardholder shall abide by the relevant provisions of China UnionPay, BankCard International and the acquiring bank.
To withdraw form the designated ATM in China, the Cardholder can only withdraw RMB cash and the daily maximum cash withdrawal per card shall not exceed RMB 5,000. The daily maximum cash withdraw per card with the credit line shall not exceed RMB 2,000. Overdrawing foreign-currency cash in China is not allowed. To use the credit card overseas, the daily maximum cash withdrawal shall not exceed US$ 1,000 or equivalent amount in other currencies and monthly maximum cash withdrawal shall not exceed USD 5,000 or equivalent amount in other currencies.  
Article 17 The dues resulting from spending or cash withdrawal overseas by the Cardholder using the credit card can be paid off with the self-owned foreign exchange or by buying the foreign exchange with RMB within the scope as permitted by the state laws and regulations.
Article 18 Where the amount deposited by the Cardholder is inadequate to pay off the full amount in the statement, the sequence for repayment shall be the interest, fees (annual fee, overdraft fee, overdue fee, etc), cash advance, overdraft principle of consumption.
Article 19 The Cardholder shall keep the password in a proper way. All transactions involving password will be deemed by the Card Issuer as done by the Cardholder himself. The electronic records generated in various settlements processed by using electronic information like password shall be admissible in evidencing the validity of such transactions.
Upon receipt of the Credit Card, the Cardholder shall sign in the signature column on the back of the card the same as the signature on the application form, and use the same signature when using the card. For transactions made without using password, the transaction vouchers with the Cardholder's signature will be deemed as the valid records of transactions.
Article 20 The Cardholder shall use the credit card on the Internet under the security technology and commercial environments recognized by the Card Issuer and meeting the national standards and industrial administration; otherwise the Cardholder is liable for all of the risks and losses arising from use of the card on the Internet.  
Article 21 For the Cardholder to apply for account cancellation, the principal cardholder (applying institution in case of an institutional card) shall apply to the Card Issuer for cancellation of all cards and pay off all the transaction amount, overdraft principal and relevant fees as per regulations before application will be deemed as mature and shall be paid all together. Before the Card Issuer clears claims and debts and completes the formalities for cancellation, the Cardholder shall still undertake all the debts in connection with the credit card and all losses thereof. The annual fee collected by the Card Issuer will not be refunded.
Upon liquidation of the institutional card, the surplus RMB funds shall be transferred back to the basic deposit account and the foreign-currency funds shall be transferred back to the relevant foreign-exchange account of the institution. Cash withdrawal shall not be allowed.  

Chapter Six Method for Interest Reckon and Provisions for Service Charges

Article 22 The overdraft of the credit card shall be charged compound interest by month at the rate provided by the People's Bank of China. The funds that the deposits in the credit card account will not be given any deposit interest.
Article 23 The period from the accounting date of the Card Issuer to the payment due date specified by the Card Issuer shall be the interest-free repayment period. Regarding the non-cash transactions (exclusive of overdraft transfer) of the Cardholder, according to different types of cards, the Card Issuer will grant the Cardholder with an interest-free repayment period of less than 55 days, i.e., 30 days between the two monthly settlement dates of the Card Issuer and 25 days after the monthly settlement, with the specific number of days defined by the Card Issuer.
Article 24 Where the Cardholder repays the dues in full amount from the credit card account prior to the payment due date (inclusive, same hereinafter), the Card Issuer will not charge the overdraft interest for the non-cash transactions (exclusive of the overdraft transfers) of the Cardholder. Repayment shall be subject to the accounting date of the Card Issuer. Where the repayment is overdue or inadequate, overdraft interest will be charged for the portion repaid as from the accounting date of overdraft to the date of repayment and the part unpaid will calculate interest continuously as of the accounting date of the overdraft..
Article 25 In the event that the Cardholder is not willing to pay or is not capable of paying all of the accounts payable prior to the payment due date, the Cardholder may select the minimum repayment or partial repayment, and pay the amount no less than the minimum payment to the Card Issuer prior to the payment due date. After the selection of minimum payment or partial payment, all transactions and fees payable will be charged interest at the overdraft interest rate as of the accounting date. The minimum payment is to be calculated according to relevant policies and provisions.
Article 26 In the event of withdrawing cash (inclusive of account transfer) within the credit line, the Cardholder shall not be entitled to the benefits of the minimum repayment amount and interest-free repayment period. The Cardholder shall pay for the service fees and interest calculated at the overdraft interest rate as of the accounting date.  
Article 27 Where the Cardholder fails to pay the minimum repayment amount prior to the payment due date, in addition to the overdraft interest charged against the total due amount, the Card Issuer will also charge the overdue fine by certain proportion of the unpaid portion of the minimum repayment amount.
Article 28 In the event of using the card exceeding the credit line approved by the Card Issuer, the Cardholder shall not be entitled to the interest-free benefit for all the transactions and shall pay the overdraft fees at the certain ratio of the portion exceeding the credit line.
Article 29 Upon issuing the credit card to the Applicant, the Card Issuer will charge an annual fee from the Cardholder according to the specified standard. Certain amount of service charges shall be paid for loss report, supplement, cash withdrawal and account transfer of the credit card. The charging items and standards shall be subject to the Provisional Administrative Measures for Service Fees of Commercial Banks, with the specific charging standards referring to the published Charge Standards for Huaxia Credit Card.

Chapter Seven Rights and Obligations of Card Issuer
Article 30 Rights of Card Issuer
(1) The Card Issuer has the right to examine the credit status of the Applicant, acquire the personal data of the Applicant, consult the relevant parties about the authenticity of the data furnished by the Applicant, and decide whether to issue the card to the Applicant and define the credit line. As for the approved and disapproved application, the Card Issuer has the right to keep the relevant submittals without returning. 
(2) The Card Issuer has the right to recourse the dues from the Cardholder. In the event of false loss report, use of forged or cancelled credit card, fake use of credit card, making mass overdraft on purpose, etc, the Card Issuer has the right to apply for legal protection and investigate into the economic and legal liabilities of the concerned parties by law.
(3) The ownership of the credit card belongs to the Card Issuer. As for any Cardholder failing to abide by the Articles, the Card Issuer has the right to freeze his/her account and even cancel the qualification as a Cardholder and notify the relevant unit to recover the credit card without prior notice to the Cardholder.
(4) The Card Issuer has the right to account the credit card transaction amounts of the Cardholder in the credit card account and charge and book in the account certain fees against the Cardholder according to the relevant provisions.
(5) Where the Cardholder chooses the mode of repayment through a specified account, the Card Issuer has the right to deduct the relevant amount from the designated deposit account within the specified time for repaying the dues in the credit card account.  
Article 31 Obligations of Card Issuer
(1) To provide the Applicant with the documents relating to the credit card, including the Articles, Instructions for User, charging items and standards, mode of interest reckon, etc. 
(2) To provide 24-hour services of consulting, enquiry, loss report, complaint, etc to the Cardholder. Reply and process timely the Cardholder's service enquiry, financial consulting and loss report; for the enquiry of the Cardholder about consumption transactions, reply within 30 days for domestic transaction and within 45 days for overseas transactions. 
(3) To keep the Cardholder's personal information confidential at all times, except where it is specified otherwise by the laws, regulations and relevant national rules.  
(4) To provide the Cardholder with the account statements monthly in the mode specified by the parties hereto; but the current month statement may not be provided if there is no transaction and no balance to be cleared from the account since the last statement provided, or where Card Issuer and Cardholder agree otherwise.

Chapter Eight Rights and Obligations of Card Issuer

Article 32 Rights of Cardholder
(1) Cardholder is entitled to all the services committed by the Card Issuer for the credit card and has the right to supervise the service quality and complain about the services being provided.  
(2) The Applicant and Cardholder have the right to know about the credit card's functions, usage, charging items and standard, applicable interest rate and relevant computing formula thereof. 
(3) The Cardholder has the right to acquire from the Card Issuer the account statements of last three months free of charge and check last year's account statements through online banking or telephone banking system free of charge.  
(4) The Cardholder has the right to raise objection against the accounting described in the account statement and apply, within the specified time, to the Card Issuer for access to the card slips. If such card slips are true and valid, the expenses occurred therefrom will be borne by the Cardholder.  
Article 33 Obligations of the Cardholder
(1) The Cardholder shall provide the Card Issuer with true, reliable, complete and compliant application documents. Where it is deemed as necessary by the Card Issuer, the Cardholder shall also provide qualified guarantee and other relevant documents.  
(2) In case of any change in the correspondence address, telephone number, domicile, occupation, income, ID card number of the Cardholder and the Guarantor, the Card Issuer should be promptly notified in writing or other modes accepted by the parties thereof; otherwise the losses resulting therefrom shall be borne by the Cardholder.  
(3) The Cardholder shall not refuse to pay the dues to the bank for reasons of disputes with the institutions processing such businesses as consumption, cash deposit and withdrawal and account transfer. 
(4) The Cardholder shall keep his/her card and password safe and secured at all time. If the password is let out, the Cardholder should promptly change the password. With the credit card lost or stolen, the Cardholder should promptly proceed with the formalities for loss reporting by dialing the customer service telephone, approaching the designated depot of the Card Issuer or using the channel acceptable to the Card Issuer, and the loss report shall become effective after the required formalities are completed. Upon validation of the loss report, the Cardholder will be no longer liable for any financial losses due to fake use of the credit card, except for any one of the following circumstances: the Cardholder refuses to assist in investigation of the loss report or commits any other act violating the trust and credit principle; the Cardholder uses or collaborates with a promissory shop in using the credit card for such joint fraudulent activities as false transaction. The losses arising before the loss reporting shall be borne by the Cardholder. 
(5) In case the Cardholder fails to receive the account statements or objects any transactions described in the account statement, he/she shall proactively consult the Card Issuer, request for checking the purchase slips, cash withdrawal receipts and other transaction vouchers before the current repayment date. Failing to do so, the Cardholder will be deemed to have confirmed the account statement as correct. In the event of failing to raise any objection to the Card Issuer before the current repayment date, the Cardholder will be deemed to have accepted the transactions described in the account statement.

Chapter Nine Supplementary Provisions
Article 34 Any dispute between the Card Issuer's processing bank, promissory shops, Cardholder and other institutions involved in the credit card services shall be settled through friendly consultation according to the Articles and relevant laws and rules as well as regulations of the relevant bank card alliance. If it cannot be settled through consultation, either party hereto may refer the case to the people's court for settlement.
Article 35 The Articles is formulated and interpreted by Huaxia Bank and executed subject to the approval of China Banking Regulatory Commission.

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