Flexi Credit Card TC Final en Formatted
Flexi Credit Card TC Final en Formatted
Flexi Credit Card TC Final en Formatted
All praise is due to Allah, Prayers and Blessings be upon our prophet Muhammad,
his family and Companions.
This Agreement is made and entered into by and between:
First: The Saudi National Bank (SNB) | Saudi joint stock company | Fully paid-up
capital: SAR 60,000,000,000 | Tax Identification Number: 300002471110003 |
Commercial Registration: 4030001588 | Under the supervision and control of the Saudi
Central Bank | Licensed as per Royal Decree No. 3737 dated 20/04/1373H (corresponding
to 26/12/1953G) | Head Office: The Saudi National Bank Tower, King Abdullah Financial
District, King Fahd Road | 3208 – Al Aqeeq District | Unit No. 778 | Riyadh 13519 – 6676
| 920001000 | www.alahli.com
(Hereinafter referred to as the "Card Issuer, Bank and/or First Party")
Second: Applicant
(Hereinafter referred to as the "Applicant, Cardholder, Customer and/or Second
Party")
Preamble
Whereas the Bank is licensed by SAMA, and whereas the Customer, pursuant to this
Agreement, applies to the Bank for a credit facility through an Islamic credit card (Flexi
Credit Card) inclusive of services such as e-banking, and all related benefits and products
that fall within the nature of the Bank's activity; therefore and after approval by the Bank
to issue the card and provide such service to the Customer,
the Parties, being fully competent to contract and act, have agreed to conclude this
Agreement in accordance with the Preamble and under all the following terms and
conditions:
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Card Credit Limit: The maximum amount allowed by the Bank for the Customer to
obtain goods or services in accordance with the terms and conditions of this Agreement.
Statement of Account: An electronic statement issued for the Cardholder by the Bank to
indicate details of the transactions performed using the Card, including the Customer’s due
debts, the installment plan for payments due, and method and dates of payment, in addition
to the date of transaction and name of dealer indicating all records of transactions charged
against the Card, as per the method determined by the Bank.
Card Account: An independent account from other Cardholder’s accounts maintained
with the Bank, to which all Card transactions and other records relating to Card fees/Card
amounts are charged.
Due Date of Transaction(s) Made Using the Card: Each transaction made using the Card
is payable in instalments, so that the value of each transaction is divided into 4 equal
monthly installments in accordance with Article 7 (Payment of Card Liabilities).
Card Usage: The Card shall be used by the Cardholder for his/her own personal
transactions permitted under Shariah and as per the terms and conditions of the Agreement.
The use of Card means that the Customer owes the Bank the amount used in consequence
of all transactions recorded against the Card Account, even if such amount exceeds the
credit limit under specific conditions and based on the actual situation, as well as fees,
charges and/or currency exchange difference, if any, as determined by the Bank according
to the nature of the transactions.
Electronic Services: A service provided to the Customer through electronic channels
where the Customer applies to obtain the Card and/or requests to obtain card-related
services through electronic channels. If such services are executed electronically using
digital authentication, they may not be challenged due to being executed electronically in
accordance with the Bank's instructions.
Value Added Tax (VAT): When VAT is imposed, the value of any credit card purchase
rate, or any fees, charges or any sums paid in accordance with all the terms and conditions
of this Agreement (which include the general and special terms of the Card) shall be
deemed free of VAT, whose value will be added as per the applicable tax rate or percentage
at the time or as such percentage may be amended in the future, whether by increase or
decrease, and shall be charged to the Customer.
Agreement Schedules: For the purpose of implementing the terms and conditions, the
Agreement may require that it includes several schedules, if any, for example, but not
limited to, SIMAH declaration form, Customer’s personal obligations and expenses). Any
document signed in writing or electronically shall be an integral part of this Agreement and
binding to the Customer and he/she shall have no right to revoke or cancel it in any way.
E-Signature: Electronic data included in an electronic transaction, added thereto, or
logically linked thereto, used to prove the identity of the signer and his/her approval of the
electronic transaction, and to find out any amendment to this transaction after signing it in
accordance with the Electronic Transactions Law and its Implementing Regulations and
any amendment thereto, and pursuant to any instructions or circulars of the relevant
authorities.
Digital Authentication Certificate: An electronic document issued by authentication
service provider, used to confirm the identity of the person holding the electronic signature
system, and contains data for verifying his/her signature in accordance with the Electronic
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Transactions Law and its Implementing Regulations and any amendment thereto, and
pursuant to any instructions or circulars of the relevant authorities.
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Article 3: Nature of Relationship between Parties / Independence of Card:
1. This Agreement between the Bank and the Customer shall establish a guarantee
relationship, according to which the Bank guarantees the financial obligations of the
Customer resulting from the use of the Card.
2. The Bank's relationship with its customer under this Agreement shall be completely
independent of the Customer's uses of the Card and his/her transactions with third parties
thereunder, so that the Bank shall not be responsible for the refusal of third parties to accept
the Card, and the Bank is not considered a party to any relationship that the Customer has
with third parties under such Card. Accordingly, the Bank will not accept from the
Customer any request to exempt him/her from paying any obligation he/she has incurred
or object to the Bank fulfilling the obligations arising from his usage of the Card.
Article 4: Loss and/or Theft of the Customer's Data and/or Mobile Phone and/or
Theft of Virtual Card Information:
1. The Customer shall notify the Bank immediately through the verified communication
channels approved by the Bank immediately upon theft or loss of the mobile phone to
which the virtual card is added in the e-wallet. The Customer shall be responsible for
paying the value of any transaction that is made using the virtual card through the lost or
stolen mobile phone if the Bank is not notified of this matter immediately. The Customer
agrees that the Bank, any of its branches, agencies, officials, or employees will not be liable
for any claim, loss, expenses, delay, or costs resulting from the use of the virtual card
through the lost and/or stolen mobile phone.
2. The Customer acknowledges that he/she is responsible in the event that any unauthorized
person uses the Customer's data such as the Customer's ID or PIN, and if the User's PIN or
ID is known to anyone else other than him/her; the Customer or User shall immediately
notify the Bank and send a written complaint personally and/or through documented means
of communication. The Customer shall remain responsible for:
(a) All instructions and inquiries that the Bank implements and that relate to the suspected
user's ID or PIN, with the Bank suspending the execution of any transactions in the event
of receipt of a complaint from the Customer.
(b) The Customer shall be solely responsible for maintaining confidentiality of all
information relating to the Card and any other information that can be accessed,
downloaded or stored on any computer or other similar electronic device, and/or in the
event of use of internet networks to access electronic banking services. The Customer
hereby acknowledges that he/she bears liability solely for any consequences of any
unauthorized or misuse by any entity whatsoever, and/or by any party via the Internet
and/or otherwise, and/or in the event of mobile hacking, which directly or indirectly results
in any loss or damage to the Customer and/or the Bank without any infringement,
negligence, or omission on the part of the Bank.
3. The Customer acknowledges that the Bank shall not be required to issue a replacement
card for the card whose holder has reported the theft of its information or the loss of his/her
mobile, and that the Customer's request to issue a replacement card is subject to the
approval of the Bank.
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Article 5: Card Validity Period/Expiry Date, Renewal and Termination of the Card
by the Bank, and/or Termination by the Customer:
1. Card Validity Period/Expiry Date: The card validity period shall be one year from the
date of card issuance.
2. Card Renewal: The card shall not be renewed automatically unless the Bank specifies
otherwise. Accordingly, the card will be automatically suspended by the Bank upon the
expiration of the card's validity period and/or for any reason specified by the Bank at its
sole discretion.
3. Card Cancellation by the Bank: Subject to the provisions of Paragraph (1) hereinabove
(Card Validity Period/Expiry Date), the Customer acknowledges and fully understands the
following:
The Bank may cancel the Card at its sole discretion. The Bank may also cancel the Card if
the Customer fails to comply with all the terms and conditions of this Agreement as
amended, and/or without limitation in the event of the Customer's irregular payment of
dues, use of the Card by someone other than the Cardholder and/or use of the Card for
suspicious transactions. In any of the aforementioned cases, the Bank may suspend and/or
cancel the Card without reference and/or notice to the Customer. The Customer
acknowledges that in any of such cases, all of the Customer’s outstanding financial
obligations and unpaid installments shall become immediately due and payable, regardless
of the original due dates thereof or the dates of any unsettled payments and/or the terms of
Article 7 below. The Customer will be notified if the Card is suspended/ cancelled. Upon
such notification, the Customer shall settle the full outstanding balance on the Card
immediately upon the date of suspension and/or cancellation of the Card. The Customer
acknowledges that the Card cannot be reactivated once it has been suspended or cancelled.
Additionally, if the Bank cancels the Card while the Customer is still paying the Card Fee,
the Bank shall refund the fee for the remaining period, if any.
4. Card Cancellation by the Customer: If the Customer is willing to cancel the Card, the
Customer shall notify the Bank through the verified communication channels approved by
the Bank as the Bank may determine from time to time such as by calling the phone banking
number and/or through e-channels. Subject to the provisions of Paragraph (2) above, the
Customer acknowledges that all of the Customer’s amounts due to the Bank shall become
immediately due and payable, and the Customer shall therefore settle the full outstanding
balance on the Card immediately upon the date of suspension and/or cancellation of the
Card. The Customer acknowledges that the Card cannot be reactivated once it has been
suspended or cancelled.
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transaction, the Bank may refuse to execute the transaction or cancel the Card and the
Customer shall be held liable therefor.
3. The Customer shall use the Card as a means of payment locally, and/or as the Bank may
determine from time to time, on POS devices (with or without the use of PIN and/or
through online (website) transactions).
4. The Customer shall not use the Card for unpermitted purposes and/or allow it be used by
third party for any reasons and the Customer shall solely bear all obligations and liabilities
arising therefrom.
5. Claim of Non-use of the Card: The Customer's claim of non-use of the Card or its PIN
shall not relieve him/her from the responsibility for paying the amounts resulting from use
of the Card. If the Bank determines that the Card was used by a third party or that the
Customer was not present at the time and place of the transaction, the Bank will record the
incident as fraud, investigate the matter, and compensate the Customer if it is determined
that his/her claim is valid and that there was no infringement, default, negligence, or
omission on the part of the Bank. The Customer shall be liable for all transactions
performed using the Card until he/she informs the Bank of the loss of the mobile phone or
the theft of the virtual card information.
The Bank shall not be liable for any loss or damage, costs or expenses, of whatever
nature, which the Customer incurs as a result of failure to keep and protect the virtual
card information, including but not limited to the "name", "Card number", "PIN", and
"Card expiration date", after the Customer obtains the virtual card information or after the
Bank provides it to the Customer, or if the Card is used or the aforementioned card
information is obtained by a third party and disclosed directly or indirectly without any
infringement, default, negligence, or omission on the part of the Bank.
6. The Customer acknowledges that the Card cannot be used for cash withdrawals or cash
transfers and that the Card cannot be used to complete international transactions, unless the
Bank decides otherwise.
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The Customer shall pay the remaining amount of the value of the executed
transaction after payment of the first installment in the form of three equal
monthly installments on their monthly due dates (as determined by the Bank)
according to the following:
- The second installment represents 25% of the value of each purchase transaction.
The second installment of the value of the same purchase transaction is payable on
the due date, as determined by the Bank, after at least 30 days from the date of the
purchase transaction.
- The third installment represents 25% of the value of each purchase transaction.
The third installment of the value of the same purchase transaction is payable on
the due date, as determined by the Bank, after at least 60 days from the date of the
purchase transaction.
- The fourth installment represents 25% of the value of each purchase transaction.
The fourth installment of the value of the same purchase transaction is payable on
the due date, as determined by the Bank, after at least 90 days from the date of the
purchase transaction.
1. The Customer may settle the entire outstanding balance before its due date, and the
Bank shall not be under any obligation to the Customer for early settlement.
2. The Customer shall pay all amounts due and installments resulting from his/her use
of the Card Credit Limit. The Customer irrevocably authorizes the Bank, under the
terms and conditions of this Agreement, to deduct the first installment constituting
25% of the value of the transaction executed using the Card from the Customer's
current account linked to the Card account on the date of the transaction.
3. The Customer shall be responsible for verifying the due dates.
4. The Bank may, at its sole discretion, determine and/or amend the due date,
irrespective of the purchase date, without the need to refer to the Customer and/or
obtain his/her consent, provided that the Customer is notified of the change at least
30 business days before the new due date.
Illustrative Example
The Customer uses the Flexi Credit Card to purchase a local product for SAR 2,000.
The second The third The fourth
Repayment
The first installment is installment is installment is
schedule for
installment is due at least 30 due at least 60 due at least 90
each due
due on the date days from the days from the days from the
installment of a
of the purchase date of the date of the date of the
single purchase
transaction purchase purchase purchase
transaction.
transaction transaction transaction
SAR 500 SAR 500 SAR 500
SAR 500
Installment (25% of the (25% of the (25% of the
(25% of the
amount due for a remaining remaining remaining
value of the
single purchase purchase purchase purchase
purchase
transaction transaction transaction transaction
transaction)
value) value) value)
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Article 8: Data/Transactions/Guarantees
The Customer acknowledges, in his/her own free will, that he/she has agreed,
knowingly and with full commitment, to the following:
1. Update his/her personal details related to the Card to avoid any service interruption and the
Bank shall not be held liable for any service interruption arising from the breach of such
obligation.
2. Keep all his/her transactions with the Bank in electronic records or files or any
internationally recognized technology means of document reproduction, including for
example without limitation “microfilm”, with the same being used as probative evidence
before all courts and government committees, authorities and corporations, for example
without limitation, those operating inside or outside the Kingdom of Saudi Arabia. In
addition, the Customer may not reject such electronic records or files as a means of
evidence in accordance with the Saudi Electronic Transactions Law.
3. Recognize that all guarantees submitted by the Customer to the Bank shall be a guarantee
of all obligations and transactions of the Customer with the Bank irrespective of their value
in excess and/or shortage of the same and such guarantees shall be unchallengeable.
4. Provide any other guarantees that are requested by the Bank from time to time without
breach of any specific guarantee or security.
5. Recognize that the guarantees submitted by the Customer shall stand as a surety of the
indebtedness determined in this Agreement and all indebtedness owed by the Customer to
the Bank even after payment by the Customer of the indebtedness determined in this
Agreement.
Article 9: Notices
1. Notices shall be sent to the national address of the Cardholder as indicated in this
Application and/or to the Cardholder’s electronic account on the electronic channels
approved by the Bank and/or via a text message. The Customer shall not be relieved of any
responsibility towards the Bank on the grounds of changing his/her address. The Customer
relieves the Bank from any claim if the Bank is not informed of the change of any of his/her
addresses above.
2. The Customer shall immediately notify the Bank in writing through a registered letter of
each change of his/her legal, financial or administrative status, address, phone number
and/or work address, and/or if he/she is terminated from current service with the employer
at least 30 business days in advance of the change for any reason whatsoever.
3. If the Bank is not immediately notified in writing of the change, the Customer relieves the
Bank from any contractual liability or otherwise such as freeze of the Card Account. The
Customer hereby relieves the Bank from any liability and/or obligations that may fall on
the Bank in connection with all notices and correspondence that are sent by the Bank. In
addition, the Bank will accept no liability for failure to make timely delivery of the
correspondence, statements and notices to the Primary Cardholder at the address
communicated to the Bank.
4. Each statement or notice, which is issued for thirty days without the Customer objecting
thereto or the Account particulars or the Bank being referred to in writing or through the
alternative channels, shall be acceptable and ratified by the Customer. Upon the end of
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such period, the Statement of Account shall be binding to the Parties and the Customer
may not object thereto in any manner whatsoever or for any reasons unless for a legally
accepted reason.
5. In order to notify the Customer, postal service companies or institutions may be used. In
addition, electronic messages may be used to notify the Customer, including e-mail,
recorded phone calls, text messages sent via phone and facsimile. Notification by such
means shall have the same as notification by the usual means, and shall be deemed to be
notification to the Customer in person.
Furthermore, all requests, notices, approvals, declarations, correspondence and other
documents exchanged under this (Agreement) and all its schedules and annexes and the
terms and conditions of the agreements signed with the Customer shall be deemed to have
been duly sent and received on the date of sending if sent by facsimile or e-mail, if any, or
by a text message via mobile phone. If sent by any other means of communication, they
shall be deemed to have been delivered if delivered to the addresses specified in this
Agreement.
2. The Bank shall have the right not to send hardcopy statements of account. If the Customer
is willing to receive a hardcopy statement of account, the Customer shall print a hardcopy
statement of account through the electronic channels approved by the Bank and the
Customer relieves the Bank from any liability if the Bank does not send any hardcopy
statement of account.
3. The Card statement of account sent to the Customer shall be valid and binding thereto. The
Cardholder may object to the statement of account within 30 days from the date of issue.
Should the Customer fail to make his/her objection to the Bank through the approved
means of communication to any of the transactions listed in the statement of account within
the specified period, the statement shall be deemed valid and binding to the Customer.
4. In case of any inquiries or errors related to the transactions made using the Card, the
Customer may notify the Bank through registered means of communication approved by
the Bank, as the Bank may determine from time to time, such as by calling the phone
banking number and/or through the electronic channels for complaints or in case of any
other inquiries, In case of any other inquiries, the Customer may write to the Bank's address
mentioned in this Agreement.
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The Bank may take the following actions in the event of the Cardholder's default on
payment without reference and/or notice to the Customer:
1. In the event of the Cardholder's default on payment of the amounts due on the Card, the
Bank will update the credit record of the Customer so as to reflect the default status with
the Saudi Credit Bureau (SIMAH), which is circulated among all banks operating in the
Kingdom of Saudi Arabia, without any liability on the part of the Bank.
2. The Bank will update the credit record of the Customer upon payment of the defaulted
amounts according to the Bank's policy. It should be noted that updating data does not in
any way mean modifying the Customer's credit record; it only means updating the
Customer's credit record and reporting the payment to the Bank and the Saudi Credit
Bureau (SIMAH).
3. In case of default on payment, the Bank will send a notice of default to the Customer to
fulfill his/her obligations hereunder within thirty (30) days from the date of the notice.
4. Accounts Consolidation/Set-off: All accounts serve as a guarantee and, therefore, the
Customer authorizes the Bank to clear, deduct the debit balance and effect settlement and
transfer entries in any accounts that are or will be opened in the name of the Customer with
any branch of the Bank and/or at SNB Capital and/or any of its subsidiaries and/or affiliates
for payment of all obligations of the Customer.
5. All Funds Serve as Guarantee: All funds, financial and commercial papers and precious
metals deposited in the name of the Customer with the Bank or any branches thereof and/or
SNB Capital and/or any of subsidiaries and/or affiliates thereof shall serve as guarantee
and security of all obligations of the Customer towards the Bank without the need for a
particular acknowledgment. The Bank may collect its dues and debt directly from the funds
by way of setoff, and it shall have priority and preference over any other creditor without
the need for notice or any legal action.
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Article 13: Disclosure to Credit Companies
The Customer acknowledges that:
1. The Bank may obtain any information and disclose, discuss and review the submitted
information of the Cardholder with credit companies such as the Saudi Credit Bureau
(SIMAH) or any other companies so permitted by the Saudi Central Bank (SAMA).
2. the Customer agrees to provide SNB with any information it may request to open, review,
and/or manage Customers' accounts and/or grant them financing and/or banking services.
The Customer authorizes SNB to obtain and collect any information it deems necessary
about the Customer, his/her accounts, and credit facilities received from the Saudi Credit
Bureau (SIMAH) and/or any other source. in addition, the Customer authorizes SNB, its
agents, and duly authorized representatives to disclose and exchange all information related
to his/her accounts and CFR (including data sharing) with SIMAH and/or other credit
companies.
3. SNB will update the Customer’s credit record with SIMAH and/or other credit companies.
4. This credit record at credit companies shall be the main reference for all banks and entities
involved in the program.
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2.5. If the Customer violates guarantees and collaterals provided to SNB by making
any conduct or taking any action deemed by SNB, at its sole discretion, as
impairing in a way that may affect SNB's rights associated therewith.
2.6. If the Customer fails to meet the obligations thereof towards SNB and/or third
parties, and SNB believes, at its own discretion, that this negatively affects his/her
financial position, and the Customer is not able to provide SNB with acceptable
guarantees or collaterals.
2.7. In case the Customer passes away and none of his/her heirs, who are accepted by
SNB, undertook or committed themselves to transfer the indebtedness owed to
SNB under the deceased’s financial liability, subject to Paragraph (2) of Article
(15).
2.8. In the event of a Customer’s insolvency or bankruptcy or in the event of losing
his/her legal capacity.
2.9. If any financial indebtedness related to the card and/or any other indebtedness of
the Customer becomes due and is not paid when falling due.
2.10. If any of the Customer’s creditors declares that any financial indebtedness against
the Customer has become due before its specified due date, as a result of defaults
by the Customer (as provided in the relevant agreement).
2.11. If any liability towards any of Customer’s financial indebtedness is canceled
and/or suspended by the Customer’sCreditor as a result of defaults by Customer
(as provided in the relevant Agreement)
Accordingly, the Customer shall authorize SNB to deduct all outstanding amounts
(regardless of the due date and/or payment mechanism) immediately upon the occurrence
of any of the above conditions or under the terms and conditions hereof as well as their
supplements and amendments. In addition, SNB shall have the right to take legal action
and/or obtain any of its rights under the terms and conditions hereof.
2. Death or Injury: in case the Customer passes away naturally or accidentally or suffers
from total or permanent disability (Allah forbids) during the contract term, the Customer
or his/her heirs shall inform SNB of the same on the date of death or total permanent
disability determination, and provide SNB with original or true copies of the documents
related to such transactions, as the case may be, as determined by SNB. In addition, SNB
shall close the deceased Customer's card account within (30) days of receiving all required
documents following the collection controls for retail Customers.
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Calculating the customer card in the event of death within (30) days from the date of the
bank's receipt of all required documents in accordance with the collection controls of
individual customers.
3. Assignment of Rights:
3.1.SNB shall have the absolute right to assign all its rights and obligations arising from
this Agreement or any amendments or updates thereto, in whole or in part, to whomever it
deems appropriate without obtaining the Customer's consent.
3.2.The Customer may not assign his/her rights or obligations hereunder, nor any
amendments or updates hereof to any third party without SNB’s prior written approval.
4. Waiver: SNB may waive its rights under this Agreement to any other party without the
need to obtain prior permission from the Customer.
5. Force Majeure: SNB shall not be liable for any delay or failure to obtain the statement
of account as a result of force majeure, including but not limited to natural disasters, wars,
or labor strikes.
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All declarations issued by the Customer and the authorizations he/she made under this
Agreement and its Annexes are irrevocable, noncancellable, and unrestrictable. The
Customer acknowledges that his/her request for the card is not considered to be accepted
until SNB sends him/her its consent through the approved means of communication. The
Customer acknowledges that he/she has approved these terms and conditions after
reviewing, understanding, fully comprehending, and accepting them. These terms and
conditions are binding to both parties, whether they sign it in writing and/or electronically.
The Customer signs these terms and conditions in his/her full legal capacity. This is a firm
and final acknowledgment by the Customer that is not subject to cassation and/or appeal
against its execution, annulment, and/or derogation from all the terms, provisions, and/or
annotations.
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