Article 13. Reconciliation, handling complaints during the Card use

1.     Method of receiving reconciliation requests and complaints from the Cardholder

a)     When reconciliation and complain on card transactions are arisen, the Cardholder can go to the transaction outlets of Timo channel or call Timo Care or via other means applied to Timo channel and notified the Cardholder from time to time. If the Cardholder requests to reconcile and complain through Timo Care, as necessary, VPBank shall request the Cardholder to submit the request (in the form accepted by VPBank) for the specified term by the Bank as the official basis to handle the request for tracer and complaint. The Cardholder shall comply with the VPBank regulations, requirements and procedures when conducting reconciliation and complaints in accordance with the law. In the event that other persons are authorized to request the reconciliation and complaint, the authorization regulations of VPBank and the laws shall be complied.

b)     In case VPBank is notified about any suspicion of fraud or losses, in order to timely limit any losses, the Cardholder agrees to allow VPBank to consider locking card. In that case, the Cardholder shall be notified and be liable for all incurred financial losses due to the Card use upon the Card lockout.

2.     Term of handling reconciliation and complaints

Depending on each type of card (Card with BIN issued by SBV, by the International Card Institution) and each type of Card transaction performed by the Cardholder (card transaction within the VPBank, Interbanking transaction, payment transaction, cash withdrawal at ATM, etc.), VPBank will resolve and respond to the Cardholder’s request on reconciliation and complaint within the term, corresponding to the nature of each transaction on the basis of compliance with the time for handling reconciliation and  complaint by the laws.

3.      Handling the results of reconciliation and complaints

The handling of the Cardholder’s reconciliation and complaint results will be implemented by VPBank within the time limit prescribed by the laws and the following principles shall be complied:

a)     In case of losses incurred and causes identified not due to the Cardholder’s fault and/or not under Force Majeure as specified in the Contract, the Cardholder shall be reimbursed within 05 business days since the reconciliation and complaint results are notified to the Cardholder. In case of incurred losses at fault of related parties (Acquirer, Card Switching Institution, International Card Institution, the Merchants, etc.), VPBank shall be reimbursed by the defaulting party as agreed by the Parties in accordance with the legal regulations.

b)     In case of any losses incurred and causes identified due to the Cardholder’s fault: VPBank is not obliged to compensate damages incurred by the Cardholder.

c)     If the time limit for handling the reconciliation and complaint is reached as agreed in the Contract without any determined reason or fault of any Party, within the next 15 business days, the solution or agreement on the temporary compensation for damage incurred by the Cardholder shall be agreed by VPBank and the Cardholder until the final conclusion released by the competent authority clearly determine the fault and responsibility of the parties.

d)    In event of criminal signs, VPBank shall notify the State competent authorities in accordance with the legal regulations on criminal procedures and report to the State Bank (the Payment Department, branches of SBV at provinces and cities in the area); and give a written notice to the Cardholder on the status of the handling of tracer and complaint. The handling of reconciliation and complaints shall be covered by the State competent authorities. In case the State competent authorities announce the result without criminal signs, within 15 business days since the conclusion is released by the State competent authorities, a common agreement on handling the reconciliation and complaint results shall be reached by VPBank and the Cardholder.

e)     In case VPBank, Cardholder and related parties cannot reach an agreement and/or disagree with the process of tracer, complaint, the settlement of the dispute shall be conducted in accordance with the legal regulations.