American Express credit cards
Terms and conditions
General terms and conditions applicable to credit products
1. Interpretations
1.1 In this agreement, clause headings are for convenience only and should not be used to interpret the agreement.
1.2 Unless the context shows otherwise, the following expressions have the meanings assigned to them below and similar expressions will mean the same:
1.2.1 Agreement: The respective credit product agreement that you enter into, which includes the application, quotation, terms and conditions and annexes.
1.2.2 Application: The respective application for a credit product.
1.2.3 Budget/SpreadPay: The Budget/SpreadPay facility is a sub-facility of the overall credit card facility under which qualifying transactions are allocated to a fixed repayment plan and are repayable by the cardholder in equal monthly instalments over a specified period, subject to the terms and conditions of the credit agreement, the National Credit Act, 34 of 2005, and the applicable pricing schedule.
1.2.4 Business day: A day other than a Saturday or Sunday or a day that is proclaimed a public holiday in South Africa.
1.2.5 Credit: A deferral of payment of money that you owe us or a promise to defer the payment, or a promise by us to advance or pay money to you or on your behalf.
1.2.6 Credit product: A product governed by the NCA, which includes a personal loan, a credit card facility, revolving credit facility, an overdraft facility, a vehicle finance loan or any other credit products that we offer.
1.2.7 Interest rate: The yearly interest rate as specified in the respective quotation, being a variable or fixed interest rate. Variable interest rates may change.
1.2.8 Eligible spend: Transactions you complete using your qualifying card. It includes transactions you complete using your qualifying card by swiping, paying online, scanning or tapping your card to pay. It excludes payment of any retail store card instalments, payment of any debt to a financial institution (e.g. banks, money lenders, etc), cash withdrawals, casino chip purchases, fuel purchases (excluding Greenbacks earned at bp), finance charges or other card charges, fees or taxes levied by us or the government, purchases of travel or forex instruments (travel card, cash, etc), garage card transactions, Budget/SpreadPay account instalments and interest on these transactions, insurance premiums and internet transfers, or electronic fund transfers related to the account linked to your qualifying card.
1.2.9 NCA: The National Credit Act, 34 of 2005.
1.2.10 Prime rate: The prime interest rate that we charge.
1.2.11 Prime rate factor: The percentage above or below the prime rate as stipulated in the quotation.
1.2.12 Principal debt: All amounts that you owe us in terms of the respective agreement.
1.2.13 Product terms and conditions: The terms and conditions that apply to the specific product that you have chosen.
1.2.14 Quotation(s): The most recent written quotation(s) that we gave you for the respective credit product(s).
1.2.15 Repo rate: The repurchase rate published by the South African Reserve Bank.
1.2.16 Security: The security, if any, you gave us or that was given to us on your behalf in terms of the agreement.
1.2.17 We, us, our or Nedbank: Nedbank Limited (registration number 1951/000009/06) (and its successors in title and assigns), whose contact details and NCR registration number are stipulated in the quotation.
1.2.18 You or your: The client who applies for and enters into the agreement(s).
1.3 Any number of days prescribed will be determined by excluding the first and including the last day, or, if the last day falls on a day that is not a business day, the next business day.
2. Condition precedent
The agreement is conditional on our having performed a successful credit assessment in line with section 81 of the NCA.
3. Interest
3.1 We will charge interest on the outstanding balance and all amounts that you owe us or that we can claim in terms of the respective agreements at the rates stipulated in the quotation(s).
3.2 We will notify you in writing within 30 days of the prime rate change and stipulate the effective date.
3.3 Interest is calculated daily based on a 365-day year, from the date that credit is granted and debited monthly in arrears.
3.4 We will charge interest for the period between the date that credit is granted to you and your first instalment due date, which is payable monthly in arrears. If you do not pay your instalments (default), we will charge further interest on overdue amounts (including fees, costs and charges) at the same rate as the interest rate that applies to the respective agreement, calculated and capitalised monthly.
4. Fees, costs and charges
4.1 You must pay all fees, costs and charges specified in the quotation. We may change any fees, costs or charges, but it will not exceed the prescribed NCA amount, and we will give you 5 business days' notice.
4.2 We will charge default administration charges for each default letter and the costs incurred to collect the debt if you default on any obligation in terms of the respective agreement.
4.3 You will be liable for all costs that incur due to your default, such as insurance premiums, legal costs charged on an attorney-and-client scale, counsel fees, tracing fees and collection charges. You agree to secure these costs with the security (if applicable) and to pay the costs on demand.
4.4 You agree that payment or reimbursement of any costs, fees, expenses or payouts includes the payment of value-added tax (VAT), if applicable.
5. Prepayment, settlement and allocation of payments
You can make payments in advance or settle the agreement(s) at any time. Payments will be allocated to unpaid interest, then to unpaid fees and then to reducing the principal debt. The settlement amount is the outstanding capital plus unpaid fees and interest that you owe us or that we may claim up to the settlement date. If you want to settle a large agreement as defined in the NCA, you must give us 3 months' notice in advance. If you do not give us notice, we will charge an early-termination fee.
6. Process of default
6.1 If you are in default, we will notify you in writing and propose that you refer the agreement to a debt counsellor, an alternative dispute resolution agent, the consumer court or the ombudsman to resolve any disputes or develop and agree on a plan to remedy the default.
6.2 If the NCA applies to your agreement, you may resolve a complaint through alternative dispute resolution, file a complaint with the National Credit Regulator, make an application to the tribunal, or apply to a debt counsellor for assessment and debt review.
6.3 If you applied for debt review under section 86 of the NCA and the review is not finalised within 60 business days, we may send a notice terminating the debt review.
6.4 We can approach the court for an order enforcing the agreement if you have been in default for at least 20 business days and at least 10 business days have passed since the default letter or notice was delivered (this 10-day period may run at the same time as the 20-day default period) and you have not responded to the default letter or have rejected our proposal.
6.5 The nature and amount of your indebtedness, the interest rate as well as the terms and conditions will be determined and proved by a written certificate from any of our managers or accountants, whose position we do not need to prove. This certificate will, on the face of it, be binding on you as a liquid document. Unless you can prove that the amount in the certificate is incorrect, it is agreed that we may take any judgment or order based on the contents of the certificate.
7. Implications of default
7.1 If you are in default, you will pay default administration charges and collection costs.
7.2 We have the right to terminate the agreement and/or claim the full outstanding balance, including interest and other amounts owing to us, which may, at our discretion, become due and payable immediately.
7.3 If we take legal action due to your default, it could result in a court judgment, which may order the attachment of your salary or property and will result in a bad credit record.
7.4 Whenever we take any legal steps against you, we have the right to use microfilm and digital copies of any relevant records.
8. Application for debt review
8.1 You may apply to a debt counsellor to be declared overindebted. You may not apply for debt counselling if we have started legal action.
8.2 The debt counsellor will determine if you are overindebted and, if you requested a declaration of reckless credit, the debt counsellor will determine if any of the agreements are reckless.
8.3 The debt counsellor may reject your application or may recommend that you and your credit providers consider and agree on a debt rearrangement plan. If the debt counsellor finds that you are overindebted, he may issue a proposal recommending that the magistrate's court make an appropriate order. If you and each credit provider accept the recommendation suggested by the debt counsellor, the order must be recorded in the form of an order and, if all parties consent, it may be filed as a consent order by the debt counsellor. If the debt counsellor rejects the proposal, you may, with permission from the magistrate's court, apply directly to the magistrate's court for an appropriate order.
9. Address for notices
9.1 Your physical or email address you gave us in the application will be the address that we will use to deliver legal notices to you as your domicilium citandi et executandi for all purposes in connection with this agreement or any address most recently provided to us in writing, provided that you deliver a written notice of the new address by hand, registered mail or email to Nedbank. Legal notices sent to us will be dispatched to this address by either hand delivery or email. Any notice sent by email or delivered by hand to the domicilium address will be deemed to have been received by us on the day sent by email or on the day of delivery by hand.
9.2 Either party may change their physical or email address by notifying the other party via email. The email address to which you may send a change of address notification can be obtained from a branch or our contact centre.
9.3 A notice, order or other document that, in terms of the NCA, must be served on either party will have been properly served when it has been sent by email or delivered to that party or sent by registered mail to that party's last known address. If you have not informed us of a change of your email or physical address, we will continue to use the last address given, even though the information may be incorrect.
9.4 You may send any legal notices to our domicilium citandi et executandi:
The General Manager
Nedbank Group Legal
Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2196
9.5 Any document received by a party will be adequate written notice or communication to that party, even though it may not have been sent to or delivered at the chosen address.
10. General
10.1 The agreement contains everything that has been agreed, and any change must be signed by both parties, unless stipulated otherwise.
10.2 If either party decides not to use a right in this agreement, it does not mean that they have given up (waived) that right.
10.3 If either party wishes to waive a right in terms of this agreement, the waiver must be in writing.
10.4 Every undertaking in this agreement is separate from the others. If any clause is found to be unlawful or unenforceable, the other clauses will not be affected.
10.5 If there is a conflict between the provisions of this agreement and any provision of the security, the provisions of the agreement will apply.
10.6 We have the right to cede, assign or transfer any of our rights, obligations and security to a third party, which includes the right to delegate any of our obligations and security. If any cession, assignment or transfer constitutes a splitting of claims that requires your consent, you give your consent.
10.7 You are not entitled to cede, assign or transfer any right, title or interest in and to this agreement.
10.8 You must give us the information and documents that we request on you; your spouse, surety or guarantor; or any other person who has provided security.
10.9 The English version of this agreement will prevail if there is a conflict between versions.
10.10 This product is not covered by the Corporation for Deposit Insurance.
10.11 At our option, any claim may be recovered in any magistrate's court with jurisdiction, and you consent to that jurisdiction. We have the right to approach a higher court.
10.12 We reserve the right to validate purchase transactions, and if these transactions are not deemed eligible spend, we have the right to reverse the rewards or recover the value of the rewards earned from the cardholder.
Terms and conditions applicable to a credit card facility
1. Interpretations
In this agreement clause headings are for convenience only and should not be used to interpret the agreement.
Unless the context shows otherwise, the following expressions have the meanings assigned to them below and similar expressions will mean the same:
1.1 Additional card: Another card issued by us to you, as the primary cardholder, for your own use and to access the available credit on your credit facility.
1.2 Available card facility: A portion of the total card facility that has been made available to you immediately, and it will not exceed the total card facility.
1.3 ATM: An automated teller machine.
1.4 Balance transfer: The option available to you where we, at your request, pay your chosen third-party credit provider on your behalf with the available limit or portion of your Nedbank credit card facility. The amount of your balance transfer will then be added to your Nedbank credit card facility balance.
1.5 Billing cycle: The recurring period, typically monthly, during which charges are calculated and payments are due.
1.6 Business day: A day other than a Saturday or Sunday or official public holiday.
1.7 Card: The credit card that may be contactless-enabled and that we issue to you so that you can access your card account.
1.8 Credit card facility or card account: The account opened with us and used through the card.
1.9 Cardholder: You, the person who applied for the total card facility and is the accountholder.
1.10 Card transaction: Any transaction, including purchases, payments, interaccount transfers, services, cash advances, cash withdrawals or deposits made with the card through using an ATM, self-service terminal or other device or through giving the card or the card number to the supplier or merchant.
1.11 Chip: The integrated circuit embedded in a card designed to perform processing and memory functions.
1.12 Contactless payment: A payment transaction that may or may not require a PIN made below the contactless transaction limit, where the contactless-enabled card is placed against a compatible payment device or close to it.
1.13 Contactless payment device: A point-of-sale (POS) device able to perform contactless payments.
1.14 Contract rate: The NCA maximum interest rate levied on unsecured credit facilities.
1.15 Conversion fee: A fee that is applied to all card transactions that occur in a currency other than the South African rand.
1.16 Credit limit: The credit limit that apply to the credit card facility.
1.17 Effective interest rate: The variable interest rate based on the contract rate applicable to the credit card facility, less any interest that we may waive in terms of your personal risk profile. The effective interest may sometimes change.
1.18 Extended balance transfer credit facility: The portion of your credit card balance that arises from credit card debt transferred from an external financial institution through the balance transfer process.
1.19 Extended balance transfer facility preferential rate: An interest rate applied to the balance transfer portion.
1.20 PIN: A personal identification number used for the card.
1.21 Primary card: The card issued to the cardholder.
1.22 Primary cardholder: The main accountholder and person who applied for and entered into the credit agreement with us and who is legally responsible for all amounts owing on the credit card facility.
1.23 Supplementary card: Another card issued by us at the instruction of the primary cardholder for use by a supplementary cardholder to access the credit limit allocated by the primary cardholder on the credit facility.
1.24 Supplementary cardholder: A person nominated by and authorised by the primary cardholder to use a supplementary card linked to the primary cardholder's card account. All transactions made by the supplementary cardholder are for the account of the primary cardholder and are the responsibility of the primary cardholder.
1.25 Total card facility: The credit card facility, which includes the available card facility that is operated through the card or the card number to cover the amounts used on your card account for purchases, services or withdrawals from your card account.
1.26 Transaction limits: Daily and monthly POS transaction limits for both card transactions and contactless payments communicated to you.
1.27 You or your: The primary cardholder and, where the context requires, the primary cardholder using the primary card or any additional card. A supplementary cardholder is not a party to the credit agreement and is not granted separate credit by us.
2. Credit card facility
2.1 The agreement will become effective when the agreement is signed, subject to the completion of a successful credit assessment.
2.2 We may change the card terms and conditions by giving you notice through statement messages or any other means, without your written consent. If you disagree with these changes, you may cancel the agreement before the terms and conditions become effective. If you do not cancel the agreement or if you use the card after the changes have become effective, the updated agreement will be binding on you.
2.3 The total card facility will be given to you at our discretion. Further access to the remaining portion of the total card facility may be granted at our discretion, subject to your personal risk profile, which will be affected by your credit risk assessment and the way in which you handle your financial affairs.
2.4 The available card facility will be made available to you immediately and may not be exceeded, unless you have our written approval. If we accept a card transaction resulting in the credit limit being exceeded, it does not mean that we have increased the credit limit permanently.
2.5 You must ensure that you, any person using an additional card and any supplementary cardholder do not exceed the total card facility, the available card facility or any specific limit allocated by you to a supplementary card.
2.6 We reserve the right to move you to a more suitable product if it is appropriate.
2.7 If you have asked in writing to have the total card facility increased automatically from time to time, we may do so at our discretion.
2.8 On a Budget/SpreadPay facility the card transaction amount must be paid, together with other charges, in monthly payments over an extended period as stipulated.
2.9 You may be charged a currency conversion fee for transactions in a currency other than the South African rand.
2.10 If you take up a Nedbank payment protection plan (SAA Voyager Card or American Express® Enterprise Line Card) or the Balance Protection Plan (Nedbank cards), a credit life insurance policy underwritten by Nedgroup Life Assurance Company Limited, the policy will pay us the amount and interest, less any arrears, that you owe on your account when you die.
2.11 You must comply with all legislative, regulatory and supervisory requirements, including exchange control regulations. You may not participate in lotteries organised abroad or buy foreign exchange to participate in any gambling activities, including internet gambling. You may not use your card to facilitate payments for these activities and may not use your card for any unlawful transaction.
3. Use of card
3.1 When you receive the card, you must sign it in the space provided. If you do not want the card, you must destroy it immediately and notify us in writing.
3.2 The card may be used by only the natural or juristic person whose name appears on the card, except in the case of the duplicate card, which may be used by only the authorised representative for the purpose of signing on your behalf.
3.3 The card is valid from the first day of the 'valid from' date on the card until it expires or until your account is closed. If we allow a card transaction after this, we have not extended the validity term of the card, and payment of any amount owing to us remains your responsibility.
3.4 We will encode the card with a PIN, which will allow you to deposit and withdraw money and use services at compatible electronic devices.
3.5 You must take proper care of the card and your card number, ensure that any record of your PIN is kept in a safe place that is separate from the card, and not allow anybody to know your PIN. If your card, card number or PIN is lost or has been stolen or used wrongfully or used by any person other than you, or if you suspect that this has happened, you must notify us immediately by calling the number on your monthly statement. Until you notify us, you will be liable for all amounts we pay in such instances. You will be provided with a reference number during your call. You must keep a record of the reference number and you must give it to us when we ask you for it.
3.6 We will not be liable to you for any damage or loss that you suffer if any person gains unauthorised access to your card, card number, card account, PIN, total card facility or any information in respect of the facility; if there is a delay, failure or malfunction of any device you use to make card transactions; or if any person gains unauthorised access to any information or data.
3.7 We will not be liable for any loss or damage resulting from the use of the SMS service (service), an inability to use the service, any delays in the service or any fraudulent transaction taking place when the service is unavailable.
3.8 When you use any electronic device, you do so at your own risk and we will not be liable for any loss or theft resulting from its use.
3.9 When making withdrawals outside South Africa, the daily withdrawal limit may be different from the South African limit. You irrevocably authorise us to pay for any purchases, services or advances for which the card or the card number is used and to debit the amount to your card account and make the necessary entries to do the above and to reverse these entries when appropriate.
3.10 We will not be liable to you if any merchant does not accept the card or your card number or if we refuse to authorise any card transaction. Merchants are not our agents. If there is any issue or claim between you and a merchant for goods or services, our rights to receive payment from you will not be affected, and it will not give anyone a right of setoff or counterclaim against us. If you did not receive the goods or the services that you paid for, you must resolve the dispute with the merchant. You have the right to dispute a card transaction, but not necessarily a contactless payment. If we are unsuccessful with the chargeback request, you will remain liable for the amount owing on your total card facility. An unsuccessful dispute does not limit your right to claim directly from the merchant. If a merchant gives you a refund, it will be credited to your card account when we receive a credit voucher. You will not have the right to stop any payment that we are about to make for any card transaction, and you will not have the right to instruct us to reverse a payment for a card transaction that has been made, except as provided for by law.
3.11 When paying with your card, you may qualify for free travel insurance.
4. Interest
4.1 Interest on your card account is charged at the contract rate. At our discretion, we may waive (give up) our right to a portion of the interest charged in terms of your personal risk profile, which is affected by the way in which you conduct your financial affairs and our assessment of your credit risk (the effective interest rate). We may change the amount of interest we waive at our discretion.
4.2 The effective interest rate charged will change as your personal risk profile changes.
4.3 You will be liable to pay interest to us for each card transaction, calculated monthly on the daily balances as set out on your quotation or statement, which interest will not exceed the maximum contract rate.
4.4 If you pay the full outstanding balance on your credit card account on or before the due date on your monthly statement, we may decide not to charge interest for card transactions that appear on your statement for the first time. These transactions exclude advances or withdrawals, electronic transfers, foreign exchange transactions and casino chip purchases, which will incur interest from day 1. Fuel purchases on a garage credit card will also incur interest from day 1. This does not mean that we waive our right to charge interest, and we reserve the right to charge interest at any time.
4.5 If you do not pay any amount owing to us on the due date, you will be liable for interest at the contract rate on the full overdue amount, which includes interest, fees and charges.
4.6 We will pay interest to you on the average daily credit balance of your card account at the rate specified in your monthly statement.
5. Fees, costs and charges
We have the right to debit your credit card facility with our standard maintenance and other fees and charges payable, as stipulated on your monthly statement. These include a maintenance fee, a card replacement fee and a returned-payment fee.
6. Additional cards
6.1 If we issue an additional card to you, the additional card will be issued for your own use and will provide access to the same credit card facility. All transactions concluded with an additional card will be deemed to have been concluded by you and will form part of your obligations under this agreement, including all applicable interest, fees and charges.
6.2 You remain responsible for the safekeeping, use and cancellation of any additional card issued to you.
6.3 We may cancel the additional card if:
- the additional card is returned to us;
- you request cancellation; or
- the credit facility is suspended, cancelled or closed.
7. Supplementary cards
7.1 You must ensure that all supplementary cardholders comply with the applicable terms of this agreement.
7.2 We will debit your card account for all transactions made with a supplementary card, including any applicable interest, fees and charges, and you will be responsible for payment of those amounts.
7.3 If you wish to cancel a supplementary card, you must notify us accordingly and destroy the supplementary card. You will remain responsible for any transactions on your card account until the cancellation has been processed and the supplementary card has been destroyed or otherwise disabled.
7.4 Transactions made with a supplementary card will be deemed to be your transactions and you will be liable for all amounts owing to us from the use of the supplementary card, including interest, fees and charges.
7.5 A supplementary card entitles the supplementary cardholder to access the credit only up to the limit you allocated to the supplementary cardholder on your credit facility and to make purchases on your account without your signature being required at the time of purchase.
7.6 By nominating a supplementary cardholder, you acknowledge that we are not entering into a separate credit agreement with that supplementary cardholder and that the supplementary cardholder will not be liable to us as a debtor under this agreement.
7.7 If you nominate a supplementary cardholder who is younger than 18, you consent to the use of the supplementary card by that supplementary cardholder and you remain responsible for all transactions made with that supplementary card.
7.8 Where the supplementary cardholder makes a purchase using the supplementary card, the purchase amount will be debited to your card account. You are responsible for payment of any purchases made with the supplementary card.
7.9 A supplementary card will not entitle you or the supplementary cardholder to additional credit. The credit limit on your credit facility will not increase through the issue of a supplementary card.
8. Principal debt
Every transaction concluded with the card, any additional card or any supplementary card linked to your card account, and any transfer of an amount from the card account, will form part of the principal debt.
9. Contactless transactions
Your card may be enabled to make contactless payments. You may make a contactless payment for an amount below the prescribed limits without using a PIN. When you make a contactless payment without using a PIN, you may not have the right to dispute this payment. You cannot make internet purchases or cash withdrawals at an ATM using the contactless payment functionality.
10. Balance transfer option
10.1 At our discretion, we may grant you a credit card facility to facilitate the transfer of a balance from 1 or more third-party accounts to your Nedbank credit card facility if, where applicable:
10.1.1 you have properly maintained both your Nedbank credit card facility and the account from which the balance must be transferred; and
10.1.2 you have applied for the balance transfer option and specified the account from which the balance must be transferred in your application.
10.2 If your application is successful, you will receive the following benefits:
10.2.1 For the first 9 billing cycles from the date of disbursement of the extended balance transfer credit facility, the facility will be charged at the extended balance transfer facility preferential rate outlined in the preagreement statement and quotation.
10.2.2 For the first 3 billing cycles, you will not be required to pay monthly instalments on the facility. However, if you use the available limit or have an outstanding balance on your previously used credit facility, you will be required to pay instalments on those amounts. These will be charged at the effective/employee benefit interest rate outlined in the preagreement statement and quotation.
10.2.3 From billing cycle 4 to 9, your instalments on the facility will be charged at the extended balance transfer facility preferential rate outlined in the preagreement statement and quotation. Thereafter, instalments will be charged at the effective/ employee benefit interest rate. The extended balance transfer facility preferential rate applies only to the capital balance transfer debt. Any use of the available limit during this period will be charged at the effective/employee benefit interest rate.
10.3 You authorise us to initiate a payment to the third-party account based on the credit bureau information of that account available at the time of the offer. You are responsible for closing the third-party account from which the balance is transferred and for settling any outstanding amount on that account. If you do not close the third-party account within 30 calendar days from the date of disbursement of the extended balance transfer credit facility, you will forfeit all benefits outlined in clause 8.2.
10.4 You may qualify for a maximum of 2 balance transfer offers from Nedbank within a rolling 24-month period. Each extended balance transfer credit facility has a 24-month life cycle starting from the date of acceptance, regardless of whether its benefits are terminated early. If you forfeit the benefits or if the facility is terminated early, it will still count towards your 2-transfer limit until the full 24-month period has passed. You may be offered a second extended balance transfer credit facility before reaching the limit, but no new offers will be made until at least 1 of the existing facilities has completed its 24-month cycle.
10.5 If you choose to close a credit card account that includes 1 or more extended balance transfer facilities before the 24-month anniversary of any of the facilities, you will be liable to repay the interest you have saved as a result of the extended balance transfer facility preferential rate. At the time of closure, we will calculate the benefit you received and the duration of that benefit. The amount you saved will then be added to the settlement amount of the credit card account.
10.6 If you default on 2 consecutive instalments between billing cycle 4 and 9 (both inclusive), you will forfeit all benefits outlined in clause 8.2.
11. Statement, payment deposits and settlement
11.1 We will send you a monthly statement in line with the delivery mechanism you have chosen, setting out, among other things, the balance and the minimum amount payable on or before the due date.
11.2 The minimum amount must reach us during banking hours on or before the due date. You will bear all risk for payments until they reach us.
11.3 If you dispute any entry on your monthly statement, you must notify us within 30 days of the date of the statement, so that we can investigate it.
11.4 If you do not receive monthly statements, you must inform us in writing. You cannot withhold payment if you have not received a monthly statement.
11.5 If money is paid into your card account, the proceeds will be credited to your card account provisionally, and you will be able to access the money once the payment has been cleared.
11.6 All payments received will be credited to your card account and will be applied to unpaid interest charges, then to fees and charges we levy on your card account, then to any legal costs, and finally to the principal debt. You may not attach conditions to any payment.
11.7 All payments must be made in South African rand without setoff or any deduction. If you make payment by debit order or automatic payment order, this will not detract from your obligation to make payment on the payment due date.
12. Default, termination or breach
12.1 If you exceed the credit limit, it will be a breach of this agreement, and all amounts that you owe to us or that we may claim will, at our option, become due and payable immediately without notice.
12.2 If you breach any term of this agreement, we have the right to:
- close your accounr;
- cancel the total card facility; or
- demand that you immediately:
- repay us the full amount outstanding, including interest; and
- return the card and any additional card or supplementary card to us.
12.3 If you are in default, we may suspend the total card facility. At our discretion, we may close the total card facility by giving you 10 business days' written notice.
12.4 We may inform any person that we have closed your card account or have cancelled your total card facility, and you will not have any claim against us for doing so.
12.5 If you want to cancel the card and the total card facility, you must notify us in writing and destroy the card. The card and card facility will be cancelled on the day we receive your written notice. Any cancellation of your card account or total card facility or the card will not affect your liability in terms of the agreement.
12.6 All amounts that you owe us or that we may claim from you in terms of this agreement will, at our option, become due and payable immediately without notice if you do not pay any sum or sums of money owing to or claimable by us on demand, from whatever cause arising. If you do not make payment on demand, it will be a breach of this agreement.
13. Insurance premium and commission
13.1 The insurance costs that you must pay are based on the premium specified in the quotation. The premium is variable, as it is determined by the highest outstanding balance during the statement month.
13.2 The commission payable to us in relation to the insurance policy for the Payment Protection Plan equals 22.5% of the premium calculation referred to above.
13.3 The commission payable to us in relation to the insurance policy for the Balance Protection Plan equals 7.5% of the premium calculation referred to above.
14. Benefit
14.1 When making payment with your card, you will enjoy free travel insurance
