THE PUBLIC OFFER
(for executing the General Bank Account Agreement)

In accordance with the paragraph 2 of the Article 398 of the Civil Code of the Kyrgyz Republic, this Offer of the Bank is addressed to an indefinite number of individuals (hereinafter referred to as the Client) and is an official and open-ended offer of the Bank to execute the General Bank Account Agreement (hereinafter referred to as the Offer or the Agreement) in the remote mode.
This Offer shall be deemed to be executed between the Bank and the Client after the Client has made his/her/its Acceptance of the offer in the manner prescribed by the paragraph 1.4. of the Offer, which means his/her/its unconditional acceptance of all terms and conditions of this Offer. In order to accept this Offer, the Client shall undergo remote identification and verification by means of photo verification or video communication, as well as providing all the necessary documents in accordance with the internal regulatory documents of the Bank and the requirements of the legislation of the Kyrgyz Republic.
This Agreement shall be signed by entering a special code sent by the Bank to the registered phone number of the Client in the form of a text message. Entering the sent code by the Client shall be deemed as the Client’s consent to the terms and conditions of the selected product and signing of this Agreement with the Client’s basic electronic signature in accordance with the Law of the Kyrgyz Republic “On Electronic Signature” and shall be considered equivalent to the borrower’s own, true and proper handwritten signature.
By signing this Offer, the Client gives his/her consent to the following:
• Receiving/providing any information by means of phone calls, text messages, e-mails, via WhatsApp and other channels.
• Receiving the product, and it confirms familiarization with this Agreement and all its Appendices, consent to its terms and conditions and their application.
1. On the ground of an online application (hereinafter referred to as the Application, the application), the Bank opens pension accounts/on-demand banking accounts for the Client (hereinafter referred to as the Account) in the currencies specified in the application of the Client and within the limits set by the Bank, provides cash and settlement services (hereinafter referred to as the settlement and cash services), in accordance with the laws of the Kyrgyz Republic and the Rules of opening and maintenance of bank accounts in the CJSC “FINCA Bank”, which is the Appendix 1 to this Agreement and its integral part, posted on the website of the Bank www.fincabank.kg, which stipulates the main rights, obligations and responsibilities of the parties. To use the bank account without any limitation of amounts and the limits set by the Bank, the Client shall visit any branch of the Bank and sign the relevant agreement in hard copy.

1.1. Based on the Client’s online application, the Bank may connect the Client’s accounts to the Internet Banking/Mobile Banking system (hereinafter referred to as the IB). The terms and conditions of connecting to the Internet Banking system and the procedure of work in the IB system are described in the Rules on providing access to the Internet Banking system, which is the Appendix 2 to this Agreement and is an integral part thereof, posted on the website of the Bank: www.fincabank.kg.

1.2. On the ground of this Agreement, the Client may, within the limits set by the Bank, open Fixed-term deposit, Top up deposit, Pension deposit and other types of deposits (hereinafter referred to as Deposits) under the terms and conditions of specified in separate addenda – the Additional Agreements to this Agreement in remote mode, by means of access to the Internet Banking system provided to the Client. At that, the interest on the amount of the Deposit shall be accrued starting from the day following the day of its receiving by the Bank until the day preceding its return to the Client. A that, if the maturity date of deposit falls on a non-working day, the payment shall be made on the next working day.
1.3. Upon the Client’s application, the Bank may open a Card Account (hereinafter referred to as the Card Account); in accordance with it, the Client may operate the card account using a bank payment card or remote service channels. The terms and conditions of opening the card account, the procedure of using bank cards, as well as the rights and obligations of the Parties are specified in the Appendix 3 to this Agreement and the Rules of using a bank card. These Rules are an appendix and an integral part of this Agreement and are available on the Bank’s official website: www.fincabank.kg.

1.3.1. By signing this Agreement, the Client confirms that he/she is fully familiarized with the terms and conditions of the Agreement, with the Rules of using the card, including the rules concerning its safe using, with the Bank’s tariffs, with the scheme of conversion from one currency to another, providing for various options of conversion when the cardholder carries out transactions in a currency other than the currency of the bank account of the cardholder, with the methods of receiving information about the carried out transactions, blocking the card, with the information for contacting the bank, with the time limits for crediting the cards with the funds and the procedure of work in the case of losing the card.

1.4. Carrying out payments and money transfers from the Client’s account using QR code is specified in the Appendix 5 to this Agreement and are an integral part thereof, which is available on the Bank’s website www.fincabank.kg.

1.4. Acceptance of the Offer:
1.4.1. Fulfillment of the following actions by the Client shall be deemed as a confirmation of the consent to the terms and conditions of this Agreement and acceptance of this Offer:
• Downloading the relevant mobile application of the Bank (FINCA Elsom, FINCA Mobile) or selecting the “Remote Identification” service on the Bank’s website. Then it is necessary to read and sign the Form of consent to processing, storage, etc. of personal data and the General Bank Account Agreement.
• After filling in the online application, the Client shall enter the digital code received by a text message to his/her phone number indicated earlier in the Application in the relevant field.
• Signing the Application (entering the digital code), the Client simultaneously signs (accepts) the Offer. The transmitted digital code (password) is the basic electronic signature of the Client.
1.4.2. After the Client and the Bank accepted the Offer, the Client and the Bank become the Parties to the Agreement.
2. The Parties to the Agreement shall have rights, obligations and responsibilities stipulated by the Regulations and the legislation of the Kyrgyz Republic.
3. Fees for banking services shall be charged in cash or non-cash form, by debiting the account, in accordance with the Bank’s Tariffs and limits which the Bank may change and/or supplement during the term of the Agreement. The new amount of the tariffs, as well as the limits set by the Bank, shall be indicated on the Bank’s website (www.fincabank.kg.), or on the information stand in the Bank’s offices and shall be applied not earlier than ten working days after the Bank made the relevant decision.
4. This Agreement may be terminated upon the initiative of the Client at any time. To do so, the Customer shall submit a written application to the Bank. The balance of the funds shall be disbursed to the Client or transferred to another account upon the Client’s written order.
4.1. Payment of interest in the case of early termination of the deposit upon the initiative of the Client shall be made depending on the type of the deposit. If the Bank made monthly payment of interest, the paid amount of the interest shall be deducted from the principal amount of the deposit.
4.2. The Bank has the right to terminate the Agreement unilaterally by informing the Client by sending a notification to the last known Client’s address or by sending a text message or e-mail to the Client at least one month prior to closing the account in the following cases:
• Absence of money on the Account/s or absence of the Account transactions for one year;
• The amount of the funds on the Account is less than the minimum balance;
• Non-providing the documents necessary to fulfill the requirements of identification and verification of the client and identification of the beneficial owner, carrying out account transactions, confirming the economic feasibility of the transaction and the validity of the client’s actual economic activity;
• Unreliable documents have been provided;
• There is information concerning the client’s involvement in terrorist activities or proliferation of weapons of mass destruction.
5. The Client confirms that he/she does not support and he/she is not int involved directly or indirectly in any kind of terrorist activity, and also he/she has no intentions to conceal the sources of the proceeds of crime or using the funds for criminal or illegal purposes.
6. In the case if the Client is a US taxpayer, in accordance with the Foreign Account Tax Compliance Act (FATCA), he/she shall give his/her consent to the Bank to the transfer of data about him/her and transactions on his/her account to the relevant US authority. This transfer of information is not a violation of the legislation of the Kyrgyz Republic.
7. Executing this Agreement by the Parties enables the Bank to open any type of Deposit available in the Bank, card account, with issuing a bank card to the Client, as well as to connect the Client to the Internet Banking system. By signing this Agreement, the Client confirms that he/she has fully familiarized himself/herself with all terms and conditions of opening Deposits, Card Accounts and connecting it to the Internet Banking system specified in the Rules.
8. In all other matters not stipulated in this Agreement, the Parties shall be guided by the Rules and legislation of the Kyrgyz Republic.
9. This offer shall come into effect at the moment of signing it (acceptance of it), and it shall be valid without the limitation of time.
10. The Agreement is executed in two counterparts, one for each of the Parties, having equal legal force.