Card Holder Agreement

1.

Accepting the Agreement

Before you use your HSBC VISA and/ or MasterCard Credit Card (the Card), please read carefully the Cardholder Agreement printed below (Agreement). By using the Card the Cardholder is accepting the Terms and Conditions set out below and will therefore be bound by them.

2.

Issuing of Cards

2.1

Use of the Card is restricted to the Cardholder and subject to these Terms and Conditions. The Card remains valid until its date of expiry mentioned on the Card.

2.2

The Cardholder will not permit any other person to use the Card and will at all times safeguard the Card and any Personal Identification Number (the PIN) issued, and keep it under his/her personal control.

2.3

The Bank will maintain an account in the name of the Cardholder in respect of the Card (the Card Account) to which the value of purchase of goods and services, cash advances, fees and charges effected by the use of the Card (Card Transactions), any other liabilities of the Cardholder arising under these Terms and Conditions and any loss incurred by the Bank arising from the use of the Card or Card number shall be charged. A statement of amounts charged will be sent to the Cardholder at his/her last known address and any such statement shall be deemed to have been received by the Cardholder 7 (seven) calendar days after despatch by the Bank.

2.4

The Bank may issue Additional Card(s) to any person nominated as an Additional Cardholder by the Cardholder. The Terms and Conditions of this Agreement shall apply to the use of any Additional Card(s) and the term ”the Card” shall whenever applicable include such Additional Card(s). The Cardholders shall be bound by and be liable for the use of any Additional Card(s). The Additional Cardholder is not permitted the use of an Automated Teller Machine (ATM) to operate the Nominated Account referred to in paragraph 6.1 (a of these Terms and Conditions, unless the Additional Cardholder is an authorised signatory on the said Nominated Account. In addition to its other rights and powers under this Agreement the Bank may cancel any Additional Card(s) at any time by giving a 14 (fourteen) calendar days prior written notice to the Cardholder without any obligation to state any reason for such cancellation, and seek the return of Additional Card(s) issued on the Additional Cardholder/the Cardholder and Additional Cardholder(s) will be jointly and severally liable for all Card Transactions effected by any Additional Card(s).

3.

Using the Card

3.1

The Cardholder will be responsible for all credit or other facilities granted by the Bank in respect of the Card and for all related charges hereunder, with not standing the termination of this Agreement.

3.2

The Cardholder must sign the Sales Slip, Cash Advance Slip or Mail Order Coupon whenever the Card is used by the Cardholder and should preserve a copy of the same. Copies of the Sales or Cash Advance Slips may be provided at the sole discretion of the Bank subject to an additional charge. Provision of Sales Slip copies may take a minimum of 45 (forty-five) calendar days subsequent to the Cardholder's written request to the Bank. The Cardholder's failure to sign any Sales Slip, Cash Advance Slip or Mail Order Coupon will not relieve the Cardholder from liability in respect thereof.

3.3

The Cardholder and or Additional Cardholder must notify the Bank in writing as soon as possible of any changes in the Cardholder's and/or Additional Cardholder's employment, office address, home address and telephone number.

3.4

The Bank shall not be liable for the refusal of any merchant establishment to accept or honour the Card, nor shall the Bank be responsible in any way for the goods and services supplied to the Cardholder. Any complaint by a Cardholder may be resolved by the Cardholder with the merchant establishment. The Bank shall have no responsibility in this respect. No claim by the Cardholder against the merchant establishment may be the subject of a claim against the Bank. The Bank will credit the Cardholder's Account with the amount of any refund only upon receipt of a properly issued credit voucher from the merchant establishment.

3.5

The Cardholder will be covered for personal insurance as per the rules of the insurance policy taken by the Bank. The Cardholder specially acknowledges that the Insurance Company will be solely liable in case of death, disability, injury or loss and will not hold the Bank responsible whether for compensation, processing of claims or otherwise or in any manner whatsoever.

4.

Credit Limit

4.1

The Bank will assign a credit limit to the Card Account which must not be exceeded without prior approval from the Bank.

4.2

If a Cardholder exceeds the assigned credit limit without the Bank's prior approval, the Bank may at its sole discretion cancel the Card immediately without prior notice to the Cardholder and all outstanding amount will be thereupon become immediately due and payable.

4.3

A fee will be charged to the Card Account by the Bank if a Cardholder exceeds the assigned Credit Limit, at a rate to be determined by the Bank and notified to the Cardholder from time to time.

4.4

The Cardholder may utilise the Card up to a specified limit to withdraw cash against the credit limit assigned to his Card Account (the Cash Withdrawal limit). The Bank will assign the Cash Withdrawal limit as a fixed percentage of the credit limit. The Cash Withdrawal limit will be assigned at the sole discretion of the Bank and notified to the Cardholder from time to time.

4.5

Without prejudice to the above-mentioned provisions of this Article and any other relevant Articles stipulated in this Agreement, the Bank may, at its sole discretion and from time to time, increase or reduce the assigned credit limit of a Card Account, as a result of the Bank's reasonable assessment to the Card Account and/or relevant Cardholder based on information available to the Bank. Such increase or reduce of credit limit will be notified by the Bank to the Cardholder from time to time. The Bank may also, at its sole discretion, permit Card Transactions to be effected in excess of the applicable credit limit of a certain Card Account or Cardholder, in which case, the relevant Cardholder shall be liable for any related transaction in accordance with this Agreement.

5.

Overseas Charges and Currency Conversion

The value of all Card Transactions will be charged to the Card Account in Indonesia Rupiah. Card transactions which are effected in currencies other than Indonesian Rupiah will be debited to the Card Account after conversion into Indonesian Rupiah at a rate of exchange to be determined by the Bank from time to time.

6.

Automatic Teller Machine (ATM) Transaction

6.1

If the Cardholder is authorised by the Bank to use the Card at an ATM belonging to the Bank or any member or associate member of the HSBC Group of companies or any member Bank of VISA/ MasterCard International or any other ATM as advised to the Cardholder from time to time, the following additional Terms and Conditions shall apply:

7.

Lost/Stolen Card and Unauthorised Transaction

7.1

The loss or theft of a Card must be reported to the Bank immediately upon discovery and also confirmed in writing immediately. A Police Report must also be made of the lost/stolen card and a copy sent to the Bank. The Cardholder will be responsible for any unauthorised Card Transaction effected before written notice of the loss or theft has been received by the Bank.

7.2

Upon receipt of written notification of loss or theft of a Card by the authorised officer of the Bank, the Cardholder will have no further liability provided that the Cardholder has acted in good faith and with all reasonable care and diligence in safeguarding the Card and in promptly reporting its loss to the Bank. The decision as to the bonafides of the Cardholder in this regard will rest with the Bank and the Bank reserves the right to cancel the Card and/ or any Additional Card(s). In case the Cardholder recovers the Card, he/she shall report the matter to the Bank and the Police and immediately hand over the recovered Card to the Bank. The Cardholder must not make any attempt to use the Card.

7.3

Upon the Cardholder's request, the Bank may at its absolute discretion agree to issue a replacement Card for any loss or stolen Card which shall be issued on the same Terms and Conditions as the original Card or as may be amended from time to time. The Bank reserves the right to charge a replacement/handling fee to the Cardholder's Card Account at a rate to be determined by the Bank and notified to the Cardholder.

7.4

Notwithstanding anything to the contrary herein contained, the Cardholder will be liable for all losses to the Bank arising from the use of the Card by any person obtaining possession of it with the Cardholder's consent.

8.

Fees

8.1

The Cardholder agrees to pay a non-refundable annual fee for the Card and for any Additional Card(s) at a rate to be determined by the Bank and notified to the Cardholder from time to time.

8.2

A handling fee will be charged by the Bank on each cash withdrawal or advance and charged to the Cardholder's Card Account, at a rate to be determined by the Bank and notified to the Cardholder from time to time.

8.3

The Cardholder agrees to pay all finance charges and/or other fees incurred in the Cardholder's Card Account at a rate that will be determined by the Bank and notified to the Cardholder from time to time.

9.

Finance Charges

9.1

A Card Account statement will be sent to the Cardholder at the end of each period (the "Billing Period") to be determined by the Bank and notified to the Cardholder from time to time, with detailst he total amount outstanding on the Card Account (the Amount Outstanding) and the minimum payment due computed at a rate to be determined by the Bank and notified to the Cardholder from time to time (the Minimum Amount Due) and the date by which the payment must be made to the Bank (the Payment Due Date). The Minimum Amount Due also includes any unpaid Minimum Amount Due from the previous Billing Period(s) and any amounts over the Credit Limit assigned to the Card.

9.2

A Card Account statement will be sent to the Cardholder at the end of each period (the "Billing Period") to be determined by the Bank and notified to the Cardholder from time to time, with detailst he total amount outstanding on the Card Account (the Amount Outstanding) and the minimum payment due computed at a rate to be determined by the Bank and notified to the Cardholder from time to time (the Minimum Amount Due) and the date by which the payment must be made to the Bank (the Payment Due Date). The Minimum Amount Due also includes any unpaid Minimum Amount Due from the previous Billing Period(s) and any amounts over the Credit Limit assigned to the Card.

9.3

If the Cardholder fails to pay the Bank the whole of the Amount Outstanding by the Payment Due Date, the outstanding balance will incur a finance charge calculated on the average daily balance over the Billing Period, at a rate to be determined by the Bank and notified to the Cardholder from time to time. All new transactions in this situation will also incur a finance charge from the date of transaction. The finance charge is debited on the last day of the Billing Period.

9.4

If the Cardholder fails to pay the Bank the whole of the Amount Outstanding by the Payment Due Date, the outstanding balance will incur a finance charge calculated on the average daily balance over the Billing Period, at a rate to be determined by the Bank and notified to the Cardholder from time to time. All new transactions in this situation will also incur a finance charge from the date of transaction. The finance charge is debited on the last day of the Billing Period.

9.5

If any standing instruction, cheque or any other instrument of the Cardholder is not honoured, the Bank at its sole discretion may charge the Cardholder a finance charge at a rate to be determined by the Bank and notified to the Cardholder from time to time.

9.6

If the Cardholder disagrees with any charges indicated in the monthly statement, the same should be communicated to the Bank within 14 calendar days from the statement date, failing which the Cardholder shall not be entitled to query the charge.

9.7

Details of the finance charges and other charges applicable to the Card and its use are available on request to the Bank.

9.8

The Cardholder acknowledges that the Bank may exercise its rights under Article 11.5 hereunder in the event that the Cardholder fails to pay the Minimum Amount Due by the Payment Due Date.

9.9

Without prejudice of the above-mentioned provisions of this Article and any other relevant Articles stipulated in this Agreement, the Bank may at its sole discretion, review the Card Account periodically to determine the Card Account qualification for the Bank's non-standard interest rates with the terms and conditions to be stipulated by the Bank and be notified by the Bank to the Cardholder from time to time.

10.

Payment

10.1

Any payment made by Cardholder will be applied by the Bank in or towards the Bank's actual receipt of payment of Cardholder's liabilities to the Bank under these Terms and Conditions and in such order as the Bank may decide.

10.2

The Cardholder may issue a direct debit standing instruction on the Card Account to settle the Amount Outstanding on the Payment Due Date with the following Terms and Conditions :

11.

Suspension, Cancellation or Termination

11.1

Subject to the Bank's right as stipulated in Article 11.5 below, the Bank may terminate this Agreement with the Cardholder at any time by cancelling the Card or to refuse to renew the Card by giving 14 (fourteen) calendar days prior written notice and without assigning any reason. The Cardholder or the Additional Cardholder may terminate this Agreement at any time by written notice to the Bank accompanied by the return of the Card and of any Additional Card(s).

11.2

The Card remains the property of the Bank at all times and shall be returned to the Bank upon request, together with any Additional Card(s) for which the Cardholder is liable.

11.3

The whole of the Amount Outstanding on the Cardholder's Card Account incurred by the use of the Card and/or Additional Card(s) but not already paid or charged to the Cardholder's Card Account shall become due and payable to the Bank upon the termination of this Agreement.

11.4

Without prejudice to any other rights of the Bank as stipulated in this Agreement, if the Cardholder fails to pay the Bank the whole of the Amount Outstanding on the Cardholder's Card Account, the Cardholder and Additional Cardholder(s) agree that the Bank shall have the right to retain any funds placed in the Cardholder's and Additional Cardholder's Current/Savings/Time/Term Deposit or any other account with the Bank and/or to offset the Amount Outstanding including any fees or charges incurred thereon against any such funds. For the foregoing purposes, the Cardholder and/or the Additional Cardholder hereby authorise the Bank to debit the Amount Outstanding including any fees or charges arising thereof from any such accounts.

11.5

If, for any reason, the Cardholder fails to comply with the Terms and Conditions of this Agreement including if the Cardholder miss uses the Card by any means whatsoever, the Bank may at any time without prior notice suspend the Card Account or terminate this Agreement and proceed to recover the amounts outstanding thereunder. In order to achieve full payment of the outstanding amount, the Bank has the right to:

The Cardholder shall be responsible for all costs, charges, and expenses incurred by the Bank including legal fees on a full indemnity basis.

11.6

Termination of this Agreement shall occur in accordance with its terms and no prior court announcement shall be required and to give effect to this provision, the Cardholder and the Bank hereby waive the second and third sentence of Article 1266 of the Civil Code prevailing in the Republic of Indonesia.

11.7

The Cardholder hereby agrees to his/her legal domicile at the Registrar's Office of the District Court of South of Jakarta regarding all legal proceedings commenced against the Cardholder in respect of this Agreement.

12.

Authorisation and Indemnity for Telephone, Hand-phone, Telex and Facsimile Instruction

12.1

The Cardholder authorises the Bank to rely upon and act in accordance with any notice, instruction demand or other communication that may be given by telephone, telex or facsimile transactions by the Cardholder or on his/her behalf (the Instruction) and the Bank shall be entitled to treat the Instructions as fully authorised by the Cardholder and the Bank shall be entitled to take such steps in reliance upon the Instruction as the Bank may consider appropriate.

12.2

The Bank under terms of this authorisation and indemnity is not obligated to accept and act upon the Instructions which includes the following:

12.3

In consideration of the Bank acting in accordance with the terms of this authorisation and indemnity, the Cardholder hereby irrevo bly undertakes to indemnify the Bank and to keep the Bank indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by the Bank of whatever nature and howsoever arising out of or in connection with the Instructions.

12.4

The terms of this authorisation and indemnity shall remain in full force and effect unless and until the authorised officer of the Bank receives written notice of termination from the Cardholder in accordance with the terms of the Mandate.

12.5

Hand-phone balance enquiry service:

13.

Disclosure of Information

The Cardholder agrees to the disclosure of his/her credit standing to other credit card companies or financial institutions who may be in the process of deciding on granting the Cardholder a loan or credit privilege. If the Cardholder does not make full repayment or agree to a satisfactory repayment proposal with the Bank within 30 (thirty) calendar days of the Bank's demand for full payment, the Cardholder further agrees to the disclosure of information to other licensed credit reference agencies providing credit information to subscribers. At any rate the Bank will not disclose information about the Cardholder's Card Account to third parties other than the above unless it is in the Bank's interest, i.e. to protect the Bank from or to recover a loss. The Cardholder and each Additional Cardholder consent to the Bank outsourcing the processing of data including transactions and information relating to the Cardholder and the Additional Cardholders.

14.

Limitation of Liability

In the event of any action which the Cardholder may file against the Bank from any cause whatsoever, the Cardholder agrees that the Bank's liability shall not exceed the amount of Rp 1,000,000 (one million Rupiah) or the damages actually proved to have been suffered by the Cardholder, whichever is lesser.

15.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Indonesia and the Cardholder irrevocably submits to the non-exclusive jurisdiction of the District Court of South of Jakarta provided that such submission shall not prejudice the Bank's rights to initiate proceedings in any other jurisdiction.

16.

Assignment by the Bank

16.1

The Cardholder shall not assign the Cardholder's interest under this Agreement. The Bank shall be entitled to assign its interest and/or any debt owing to the Bank under this Agreement to such persons and in such manner as determined by the Bank in its absolute discretion.

16.2

The Cardholder hereby irrevocably appoints the Bank as his/her attorney for the purpose of acknowledging receipt of any notice of assignment to be given to the Cardholder.

16.3

The Cardholder consents to the Bank disclosing confidential information concerning the Cardholder to potential assignees and their advisors.

17.

Amendment

The Bank reserves the right at all times to vary or amend the Terms and Conditions as stipulated herein. Any such variations or amendments will become effective and binding on the Cardholder upon written notification to the Cardholder by such means as the Bank deems fit. If the Cardholder does not accept any such variations or amendments the Cardholder may terminate this Agreement under item 11.1 of the Terms and Conditions stipulated herein.

18.

Authorisation

Unless expressly stipulated otherwise herein, any and all authorities stipulated in these Terms and Conditions are irrevocable and can not be terminated based on any reason whatsoever, including those set forth in Article 1813, 1814 and 1816 of the Civil Code prevailing in the Republic of Indonesia.

19.

Language

This Agreement shall be executed in both Bahasa Indonesia and the English language. In the event of any inconsistency between the Bahasa Indonesia dan English language texts, the Bahasa Indonesia text shall prevail.

20.

Entire Agreement

This Agreement comprises the entire agreement between the parties with respect to the subject matter of this Agreement and supersede all prior understandings, agreements, representations and correspondence.

Credit Card PhoneBanking Terms and Conditions

1.

Products and Services Covered

The Automated Telephone Service (the "Credit Card PhoneBanking Service") provided by the Bank covers:

• Inquiry on credit card balance, payment and reward points balance.
• Reporting a lost or stolen credit card.
• Requests for credit card statement copy and Credit Card ATM PIN advice.
• Access to Cardholder's HSBC banking account and rate enquiries
• Other transactions that the Bank may introduce

2.

Personal Identification Number (PIN)

Cardholder will be issued a Credit Card PhoneBanking Service Personal Identification (PIN) which shall be assigned to Cardholder by the Bank, and known only to Cardholder as pertaining to Cardholder's relevant Credit Card & Banking Accounts, to enable Cardholder to initially access Cardholder's Credit Card & Banking Account, and effect permitted transactions/instructions through the automated telephone service, and which Cardholder may replace with a PIN of Cardholder's choice. Cardholder shall be fully responsible in all circumstances for any matter related to the use of Cardholder's PIN and agree to keep Cardholder's PIN (whether Bank assigned or the replacement PIN of Cardholder's choice) confidential at all times and Cardholder shall not divulge the same to any other person for any reason whatsoever. Cardholder's non-compliance with this provision shall relieve the Bank of any accountability for any loss, claim, damage, cost or expense arising from the use of Cardholder's PIN to effect any transaction relating to Cardholder's Credit Card & Banking Account(s). In addition, Cardholder also agree to indemnify and save the Bank harmless against any potential loss, claim, damage, cost or expense which may be suffered by the Bank arising out of Cardholder's non-compliance of the aforementioned provision. Any transactions/instructions effected using Cardholder's PIN shall be conclusively presumed to be authorised by Cardholder. Cardholder further agree and undertake to immediately report by telephone, and confirm in writing immediately following such report, the loss or Cardholder's awareness that Cardholder's PIN has fallen into the hands of an unauthorised person. Any losses due to withdrawal, debit, ortransfer of funds using Cardholder's PhoneBanking PIN prior to receipt by the authorized officer of the Bank of Cardholder's written confirmation shall be for Cardholder's sole account.

3.

Telephone Instructions

Cardholder agree that the Bank, at its sole discretion, is entitled to act on the instructions received from Cardholder by telephone, which the Bank reasonably believes emanated from Cardholder by the use of Cardholder's Credit Card PhoneBanking Service PIN or some other form of identification. The Bank reserves the right not to act on Cardholder's telephone instruction without any duty to give its reasons for such refusal to act, or to require Cardholder to confirm Cardholder's telephone instructions in writing even though Cardholder gave the Bank the correct and valid PIN or some identification we required from Cardholder, and to refrain from acting until receipt of the Bank's authorized officer of Cardholder's written confirmation. Cardholder agree further that the Bank shall not be liable for acting in good faith based on telephone instructions which it believes emanated from Cardholder. The Bank shall not have any duty to verify the identity of the person giving instructions by any means other than Cardholder's PIN or a form of identification we may require.

4.

Telephone Instruction Documentation

The Bank reserves the right to destroy any documents relating to Cardholder's telephone instructions through Credit Card PhoneBanking service within 12 (twelve) months from the relevant transaction date.

5.

Supplementary

If any cardholder has one or more supplementary cards, the Bank may issue Credit Card PhoneBanking service PINs to some or all of Cardholder. In such cases, the Bank may implement instructions from such Account/s which are received from any one of Cardholder using any of the PhoneBanking service PINs issued, or suchCredit Card PhoneBanking service PINs substituted by each of Cardholder.

6.

Change of Address/Contact Details

Cardholder shall inform the Bank of any changes in Cardholder's address or contact details in written form or via telephone. Any notification sent from time to time by the Bank to Cardholder shall be construed as to has been received by Cardholder if sent to the address or other contact details lastly registered with the Bank.

7.

Report of Lost Credit Card

Cardholder may report the lost of Cardholder's credit card by phone at any time. Cardholder's lost card will be blocked immediately, or within the relevant period specified in these Terms and Conditions and amendments hereto, to prevent the fraudulent use thereof. Cardholder shall, however, continue to be liable for transactions, and shoulder any loss or damage, using the lost cards that were executed or incurred prior to the receipt by the authorized officer of the Bank of Cardholder's written confirmation of the loss.

8.

Recording of Telephone Instructions

Cardholder agree that the Bank may at its discretion, record all telephone instructions received from Cardholder and the Bank may use the same for any purpose. Cardholder further agree that any and all telephone records made by the Bank pursuant to this foregoing provision shall serve as prima facie evidence, unless it can be proven otherwise.

9.

General Terms and Conditions

Cardholder agree that where particular transactions, products or services are subject to specific terms and conditions agreed upon between Cardholder and the Bank, or that are applicable thereto from time to time, such terms and conditions shall take precedence and these terms and conditions shall be suppletory of character to such transaction/s, products or services.