1. TERMS AND DEFINITIONS
Automatic repayment — a banking service for executing the Borrower's order for the direct debiting of funds from the Borrower's cards/accounts to pay off payments in accordance with the Repayment Schedule or the Borrower's overdue debt under the Loan. This service is activated in accordance with the procedure established by internal banking rules.
Bank — JSC «APEX BANK».
Client Verification — verification of the relevance, correctness and completeness of the Client’s personal data received and available to the Bank.
Date of microloan provision — the date of crediting by the Bank of funds to the demand deposit account/bank card, including the virtual card/electronic wallet of the Borrower.
Redemption date — the calendar date established by the Loan Repayment Schedule, no later than which the Client is obligated to make payments to repay the Loan debt.
RBS (remote banking service) — remote sales channels of the Bank and its Partners, which involve the registration of the Client and the execution of credit transactions remotely, without the Client visiting the Bank.
Borrower/Client — an individual (citizens/residents of the Republic of Uzbekistan, permanently residing in the Republic of Uzbekistan), who has an income and meets all the requirements for the terms of the online Microloan product passport, who has submitted a Statement to the Bank to receive a microloan in electronic form and has entered into an Agreement.
Identification — This is a procedure for recognizing/determining/equating a Client by its identifier, which uniquely identifies this subject in information systems.
Individual microloan conditions — conditions that determine the term, amount of the loan, interest rate, and also regulate the relations of the parties in the area of the parameters of the loan issued. These conditions are calculated by the Bank for the Client individually, displayed and confirmed by the Client by accepting this Public Offer and Individual Conditions through RBS.
Credit/microloan — monetary funds allocated by the Bank to the Borrower by crediting them to the demand deposit account/bank card, including the Borrower’s virtual card/electronic wallet within the framework of the Agreement.
Loan application — This is a document (generated in remote banking services - RBS), which is sent by the Client (potential borrower) to the Bank via RBS, in order to assess the likelihood of providing him with an online microloan and contains general information about the requested microloan on the terms stipulated by this Public Offer.
Bank mobile application — Appendix (software) for the Mobile device, providing the Client with the ability to access the JSC "APEX BANK" system online. To install the Bank's Mobile Application on the Mobile device, the Client independently performs actions in accordance with the User Guide posted on the Bank's Official Website www.apexbank.uz.
Collateral for microloan — insurance policy against the risk of non-repayment of a loan in the amount of at least 125% of the microloan amount, for persons associated with the Bank at least 130% of the microloan amount.
Personal data — recorded on an electronic, paper and (or) other tangible medium of information, relating to a specific individual or allowing for his identification.
Payment undertaking — the Borrower's obligations to repay the Amount overdue under the Agreement, in the amount and within the timeframes specified in the Agreement.
Effective interest rate — the interest rate in reliable, annual and effective calculation, the calculation of which takes into account the Borrower's payments related to the credit transaction. The full cost of the credit transaction includes all the Borrower's expenses related to receiving and processing the credit transaction, as well as payments related to servicing (repayment) of the credit transaction.
Parties — Client / Borrower and Bank.
2. BASIC PROVISIONS
2.1. According to this Public Offer, the Bank offers individuals-Clients of JSC “APEX BANK” to conclude an Agreement on the provision of a microloan (hereinafter referred to as the Agreement) in national currency, through RBS, on these general terms of the Public Offer and Individual terms of the microloan.
2.2. The agreement on the provision of a microloan is concluded in accordance with Articles 367, 369, 370 of the Civil Code of the Republic of Uzbekistan, the General Agreement on servicing individuals of JSC "APEX BANK" and comes into force from the moment the Client performs the actions provided for in this Public Offer. The terms of this public offer are mandatory without any exceptions or restrictions for the Borrower and the Bank after acceptance by the Borrower.
2.3. Specific requirements that Clients must meet in order to receive a microloan in accordance with these terms of the Public Offer, the amount of the microloan, the terms, as well as other conditions are communicated to Clients by posting relevant information about the Microloan credit product in a publicly accessible place (on the Bank’s official website on the Internet at: www.apexbank.uz, RBS services, through the Bank’s Contact Center, in the media, etc.).
2.4. By agreeing with the terms of the microloan and accepting the offer on the terms of information transfer and sending the Credit Application, the Client accepts this Public Offer online using RBS funds or other methods established by the Bank. This acceptance is the basis for the Bank to preliminarily review the Credit Application of the Client as a potential Borrower. If the Bank approves the Client's application, the Bank provides the Client with Individual terms of the microloan. If the Client accepts the Individual terms of the microloan, the Agreement on the provision of a microloan on the terms stipulated by this Public Offer and the Individual terms of the microloan is considered concluded. In this case, if the Client/Borrower accepts the Public Offer/Individual Terms of the Microloan after the end of the Bank's operating day and/or due to the unavailability of external information systems, as well as for other reasons beyond the control of the Bank, then the Agreement will be considered concluded on the first following Bank operating day and/or upon availability of external information systems, as well as after the elimination of other reasons beyond the control of the Bank.
2.5. Individual microloan terms are established separately before each receipt of a Microloan by the Client/Borrower and are transferred to the mobile Appendix. The Borrower accepts and agrees to the Individual microloan terms by confirming with an SMS message or in another way proposed by the Bank. In the event of the Borrower's acceptance of these terms of the Public Offer and the Borrower's acceptance of the Individual microloan terms, the Agreement on the provision of a microloan on the terms stipulated by this Public Offer and the Individual microloan terms is considered concluded and is valid until the Bank and the Client/Borrower fully fulfill their obligations.
2.6. The Client agrees that the Bank's scoring model, by means of which the assessment of the Client's solvency and other data is carried out, is a commercial secret and is considered confidential, and that the Bank has the right to refuse to issue a microloan to him without giving reasons in the following cases:
– failure to successfully complete all relevant stages of the analysis of the Client and the data provided by them and/or;
– in the presence of problem loans, current overdue debt on them;
– if there are suspicions that the purpose of obtaining a microloan is the legalization of proceeds from criminal activity and/or the financing of terrorism and/or the financing of the proliferation of weapons of mass destruction;
– cases related to discrepancies between the terms of the Credit Application/Applicant and the requirements of the credit product, credit policy/risk strategy of the Bank;
– other cases stipulated by the legislation of the Republic of Uzbekistan and internal regulatory documents of the Bank.
In order to familiarize the Client with this Public Offer and Tariffs (including changes and/or additions periodically made by the Bank), the Bank publishes the said documents on the Bank's website. Additionally, the Bank may inform the Client in other ways that allow Clients to receive information and establish that it comes from the Bank. The date of publication of the said information is considered to be the date of its first posting on the Bank's website.
3. SCOPE OF THE AGREEMENT
3.1. The Bank provides the Client with a microloan in the amount specified by the Client in the Credit Application, but not more than the amount of possible financing calculated by the Bank for the Client, and the Client undertakes to return to the Bank the received microloan amount and pay interest for using it in accordance with the terms of this Public Offer and the Individual Terms of the Microloan.
3.2. Repayment procedure – monthly according to the payment schedule available in the Client’s RBS systems for each microloan.
4. LOAN ACCOUNT OPENING
4.1. In accordance with this Public Offer and the Agreement, the Bank opens a loan account(s) for the Client in the national currency – Uzbek sum.
4.2. The account number is determined by the Bank unilaterally and communicated to the Client by posting information in RBS.
5. THE PROCEDURE FOR ISSUING AND PAYING OFF A MICROLOAN
5.1. The microloan is provided to the Client on the terms and in the manner established by this Public Offer, by crediting funds in the amount specified in the Individual Terms of the microloan and accepted by the Client to the accounts (deposit accounts, plastic card accounts) of the Client specified by him in the Credit Application.
5.2. To receive a microloan, the Client must read and accept this Public Offer in the RBS system interface and request the possibility of providing a microloan by submitting a Credit Application.
5.3. After processing the Credit Application, the Bank informs the Client in the RBS system interface of the amount of financing approved by the Bank under the terms of this Public Offer by forming Individual terms of the microloan, or about the impossibility of providing a microloan due to unsuccessful verification, or insufficient solvency of the Client, or other conditions, by notification via SMS.
5.4. By accepting this Public Offer and the Individual Terms of the Microloan, the Client expresses consent and authorizes the Bank to request, receive, process and transfer the Client's Personal data in the required volume from official sources in accordance with the requirements of the Law of the Republic of Uzbekistan "On Personal Data" for purposes related to the processes of consideration, issuance and repayment of the microloan.
5.5. The amount of financing approved by the Bank for the Client is determined on the basis of the information available to the Bank about the Client by assessing the Client's solvency. The methodology for assessing the Client's solvency is a commercial secret of the Bank and is considered confidential.
5.6. The Client has the right to submit a Credit Application in an amount/for a period not exceeding the amount/period of possible financing offered by the credit product, indicating the date of the month of repayment under the terms of this Public Offer, or to refuse to receive a microloan.
5.7. The Client's credit application contains, including but not limited to: the amount, term, date of the month of repayment of the microloan, the account (deposit or plastic card account) to which the approved amount of the microloan should be credited is indicated; the account data is already specified in clause 5.1 and is an integral part of this Public Offer accepted by the Client.
5.8. Submission of a Credit Application and acceptance of the Individual Microloan Terms is a confirmation of the Client’s consent to receive a microloan, on the terms specified in the Individual Microloan Terms, after which the Individual Microloan Terms and the Public Offer are considered agreed upon between the Bank and the Client.
5.9. The Bank’s obligation to provide a microloan is considered fulfilled from the Date of crediting the microloan amount to the Client’s accounts specified by him in the Credit Application.
5.10. The amount provided, the term, the interest rate on urgent and overdue debt, and the repayment schedule of the microloan are determined by the Individual Terms of the Microloan.
5.11. Interest on the microloan is accrued on the remaining principal debt daily. The interest calculation method is based on 365 days a year.
5.12. The interest rate for a microloan is indicated in the Individual terms and conditions of the microloan for both urgent and overdue debt.
5.13. Repayment (refund) of the principal debt on the microloan will be carried out by the Client in the currency of the microloan in accordance with the Individual Terms of the microloan.
5.14. The Client undertakes to repay the received microloan in accordance with the terms specified in the Microloan Payment Schedule specified in the RBS system.
5.15. If the payment date falls on a non-working banking day, the next following working banking day shall be considered the payment date.
5.16. Funds received for repayment of the Client's microloan are used to repay the debt on accrued interest, and then to repay the principal debt on the microloan. If there are insufficient/absent funds received to pay the payment established by the schedule, the unpaid amounts are transferred to the accounts of overdue interest and to the accounts of overdue loans, the interest rate for late fulfillment of obligations to repay the microloan (increased) is accrued on the amounts in the accounts of overdue loans, in the amount specified in the Individual Terms of the Microloan.
Payment received in favor of the Bank, in the event of violation by the Client of the established schedule of repayment of the microloan, cash and/or monetary funds available in any accounts of the Borrower both in the bank and/or in accounts available in other Banks, are credited/collected to pay off obligations to the Bank under this Public Offer in the following order:
− Proportionately overdue Amount overdue on principal and overdue interest payments;
− Accrued interest for the current period and Amount overdue on the principal debt for the current period;
− Penalty (fine, forfeit);
− Other expenses of the creditor related to debt repayment.
5.17. Partial early repayment of the debt under the Agreement does not entail a change in the quantity, procedure for determining the amount (method for calculating the repayment schedule), and frequency (terms) of the Borrower's payments under the Individual Terms of the Microloan.
5.18. In case of partial early repayment of the principal debt, the amount of the remaining principal debt is reduced by deducting the amount partially repaid early, while the Monthly Payment is proportionally reduced by the amount of the partial repayment of the principal debt, and the term for which the Loan is provided does not change.
5.19. Partial early repayment of the loan outside the regular payment date established by the Individual Terms of the Microloan does not exempt you from paying the microloan payment on the established day.
5.20. In this case, in the event of partial early repayment of the loan by the Borrower, the conclusion of additional agreements and the execution of new repayment schedules/urgent obligations is not required; the current repayment schedule can be obtained in remote banking systems and/or at the Bank's offices.
5.21. Repayment of the principal debt is made by transferring/crediting funds to the loan account where the microloan provided under the Agreement is recorded. The date of repayment of the principal debt is considered to be the day the funds are received in the specified accounts.
5.22. Repayment of the principal debt and/or other payments on the microloan will be carried out by the Client through the RBS systems, the Bank's orders, and in the event of the occurrence/violation of the microloan repayment schedule, by means of the direct debiting by the Bank of the corresponding amount from all of the Borrower's accounts, including through the Auto Repayment service.
5.23. When performing operations to repay microloans on weekends/non-working banking days, the date of such operation will be the date of the Bank’s next business day.
5.24. Payment for a microloan and other payments under this Public Offer can be made by the Client or his Representative by replenishing his Demand Account/special/savings account for microloan repayment/card account (SCA) at any of the Bank's offices, by transferring funds from other banks of the Republic of Uzbekistan, as well as by paying through mobile applications, payment terminals (info kiosks), payment systems, or by using RBS Bank. To make a payment for a microloan, the Client or his Representative must enter the "Loan ID" in the appropriate field when filling in the details in the RBS systems, which is assigned when processing the microloan. The Borrower can find out the "Loan ID" through the RBS Bank systems.
5.25. The RBS system provides the option to repay the microloan debt according to the schedule or early. When the Client selects the "Reimbursement" option in the RBS system interface, monetary funds are credited to the savings account and are used to repay the microloan as the payment term matures in the amount due for payment, within the amount available in the savings account. When the "advanced repayment" option is selected, monetary funds are first used to repay the accrued interest on the repayment date, then to repay the principal debt on the microloan.
5.26. The Client agrees to the undisputed write-off by the Bank of payments for the microloan from any of the Client’s accounts in the event of violations of the established repayment terms.
1. ENSURING THE REPAYMENT OF THE MICROLOAN
6.1. The microloan provided under this Public Offer is secured by:
6.1.1. Insurance policy for the risk of non-repayment of a microloan. The Bank concludes an insurance contract for the risk of non-repayment of a microloan with the Insurer for the entire term of the loan (hereinafter referred to as "security"). The term of the insurance policy must be no less than the term of the Individual Condition of the microloan. The beneficiary in the event of an insured event is the Bank. Specific terms of the insurance policy for the risk of non-repayment of a microloan are stipulated in the relevant insurance contract (or insurance agreement), the terms of which satisfy the Bank. Security is accepted in an amount covering 125% of the microloan amount, for persons associated with the Bank, it is not less than 130% of the microloan amount. The Bank assumes all expenses related to the execution of the Insurance Policy for the Risk of Non-Repayment of a Microloan (insurance premium), unless otherwise provided in the terms of the credit passport.
6.2. In case of non-fulfillment/improper fulfillment of the Client’s obligations to the Bank in accordance with clause 8.5 of this public offer, the Bank shall have the right to foreclose on the security in accordance with the Current legislation of the Republic of Uzbekistan.
2. PROCESSING OF PERSONAL DATA
7.1. By concluding the Agreement and sending the Credit Application to the Bank, the Client grants the Bank the right (consent) to process the personal data provided by the Client on paper and/or electronic media with and/or without the use of automated means of collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (provision, access, including when entrusting the processing of personal data to third parties), depersonalization, blocking, deletion, destruction of the Client's personal data.
7.2. For the purposes of the Agreement, the personal data of the Client shall be understood to mean information provided to the Bank by the Client or, with the consent of the Client, by any possible means, relating to the Client directly or indirectly determined or determinable with its help, including the following information: last name, first name, patronymic; date, month and year of birth; gender; contact information (phone numbers, email addresses); details of the identity document; information about the place of residence and/or place of stay, information about education, marital status, number of children, employment and field of activity, information about the employer, average monthly income and monthly expenses, etc.
7.3. Processing of the above-mentioned personal data of the Client for the following purposes: consideration by the Bank of the possibility of concluding an Agreement with the Client, a positive or negative decision on the conclusion of which may be made by the Bank, including through exclusively automated processing of the Client's personal data; verification of the accuracy of the information provided by the Client; execution and termination of the Agreement; collection (payment, recovery) of debt under the Agreement; assessment of the Client's solvency; search for and verification of his place of work, actual address of residence, telephone number and other data received from the Client; identification of the Client's interest in the Bank's products; assignment of the Client to marketing segments; promotion and provision (provision) of other services and products of the Bank to the Client (including, without limitation, consideration by the Bank of the possibility of concluding other agreements related to the provision of other services provided by the Bank).
7.4. By concluding the Agreement, the Client instructs the Bank to request data on its credit history from the credit history bureau at any time in order to receive personal offers of banking products from the Bank on special terms.
7.5. The Borrower hereby grants the Bank an irrevocable, unconditional right and consent to perform the following actions:
a) provision by the Bank to the Credit Bureau “Credit Information Analytical Center” and/or the State Register of credit information regarding the terms of the Agreement (to the Credit Bureaus and to the Pledge Register);
b) make telephone calls to telephone numbers, send letters, emails and SMS messages to the addresses (details) known to the Bank to the Borrower, his spouse, as well as his relatives, the Borrower’s employers on the issue of fulfilling the Borrower’s obligations under the microloan;
c) conduct negotiations (meetings) with the Borrower, his/her spouse, as well as his/her relatives, the Borrower’s employers on the issue of fulfilling the Borrower’s obligations under the microloan;
d) request information about the Borrower’s income from employers, contact employers with a request to direct monetary funds due to the Borrower (salary, benefits, etc.) to pay off the loan debt;
e) collect (receive) and process the Client's Personal data from the Client and any third parties, as well as transfer the Client's Personal data to third parties, including transferring for provision by state and non-state databases, information about the Client to the Bank, financial institutions, database operators, as well as financial institutions - from all state and non-state databases directly or through third parties, disseminate Personal data in publicly available sources, taking into account the requirements of the current legislation of the Republic of Uzbekistan and the requirements of international law (requirements of international treaties);
f) collect and process personal data without the consent of the Client in cases established by the laws of the Republic of Uzbekistan, including in other banks and/or organizations for the purpose of carrying out any debt collection activities not prohibited by the legislation of the Republic of Uzbekistan;
g) if the relevant agreement(s) concluded between the Client (whose representative is the Client) and the Bank provide for/will provide for the transfer of the Client’s personal data by the Bank via open communication channels (including cross-border transfer), the Client is aware of the risk of unauthorized receipt of information by third parties and assumes such risk;
h) in accordance with the procedure established by the legislation of the Republic of Uzbekistan, carry out any action (operation) or a set of such actions (operations) with the Client's personal data, including those carried out using automation tools or without the use of the latter, including, but not limited to, collection, processing, recording, copying, backup, protection, screening, scoring, systematization, accumulation, storage within the Bank and outside it (in compliance with security and confidentiality requirements), clarification (modification, updating), retrieval, use, transfer (distribution, provision of access, including transfer to third parties with the right to process the Client's personal data), depersonalization, blocking, deletion, destruction, including the implementation of these actions by a third party on behalf of the Bank, if this does not contradict the requirements of the legislation of the Republic of Uzbekistan. Notification of the Client about the receipt by the Bank from third parties and/or the transfer by the Bank to third parties of the Client's personal data is not required, such Personal data can be collected, processed, transferred by the Bank without notice;
i) for the Bank to transfer its rights (claims) under the Agreement to a new creditor as a result of the fulfillment by the creditor of the Borrower’s obligation, with the provision to that person of the Borrower’s personal data and the information contained in the Agreement;
j) connection of the Auto-Repayment service;
k) transfer of the Mobile Phone Number to the Mobile Operator and their processing.
At the same time, the implementation of the above actions by the Bank does not constitute disclosure of banking secrecy.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
Client has the right:
8.1. To repay the microloan before the deadlines established by the Agreement at any time, without imposing penalties.
8.2. Refuse to receive a microloan free of charge after concluding the Agreement during the period before receiving the funds.
8.3. During the term of the Agreement, once a month during one working day, receive the following information in written form free of charge:
about the amount of money paid on the microloan;
about the remaining debt on the principal amount;
about the amount, composition and terms of regular payments (payment schedule);
about the amount and composition of overdue debt;
about the direction of incoming funds to repay the debt on the microloan.
The Client accepts the condition that the exchange of such documents is carried out in electronic form by RBS means, which are equivalent to a document on paper and have the same legal force.
8.4. other rights in accordance with the general agreement on servicing individuals of jsc “apex bank” and the current legislation. client undertakes:
Client undertakes:
8.5. Repay the Amount overdue on the microloan and make all payments stipulated by the agreement in full in accordance with the Agreement, including in the event of claims regarding completed transactions until the final decision is made to satisfy such claims.
8.6. Ensure the amount of microloan payments on the account opened for microloan repayment no later than the payment date. If there is no amount on this account on the payment date (inclusive) sufficient for the Bank to write off the microloan payments, an Overdue Amount Overdue is formed, information about which is provided by the Bank to the credit history bureau, which negatively affects the Client's credit history.
8.7. Not to transfer the Mobile Phone Number and/or Customer-premises equipment linked to RBS to third parties. In case of violation of this clause by the Client, the Client shall bear responsibility for all actions and operations.
8.8. At the request of the Bank, if necessary, provide the Bank with any documents confirming the financial and property status of the Client within 3 working days from the date of receipt of the Bank’s corresponding request.
8.9. In the event of a change in full name, place of residence, place of work, individual details, personal, biographical data or other information, notify the Bank of these changes within 5 (five) business days from the date of such changes.
8.10. Not to undertake any obligations or measures that may lead to a deterioration in the financial condition of the Client and the emergence of a threat of non-fulfillment and/or improper fulfillment by the Client of obligations to the Bank under the Agreement.
8.11. Not later than the next working day after submitting Statements to the employer on termination of the employment contract, notify the Bank of this.
8.12. Provide the opportunity for the Bank, its employees and legal successors, outsourcing companies to check and recheck the data provided by the Client, using any sources of information, as well as the information specified in the Credit Application and documents submitted by the Client to obtain a microloan, including by visiting their place of residence, work, etc.;
8.13. Grant the Bank an unconditional, irrevocable and unconditional right to debit funds from any account of the Client in the Bank upon the maturity of the principal debt and/or other payments on the microloan arising from the terms of the Agreement, as well as from the Client's accounts in other banks, in the order of priority stipulated by the Agreement.
8.14. At the request of the Bank, reimburse it for all expenses and losses incurred by the Bank, including in connection with the adoption of measures for the forced and/or early collection of debt on a microloan (principal debt and other payments) provided under the Agreement;
8.15. The Client has no right to fully or partially assign its rights and obligations under the microloan to another person without the consent of the Bank;
8.16. Before the expiration of the identity document of the Borrower, on the basis of which the microloan was issued, replace it and undergo a new identification in the RBS systems or the Bank's offices. The expiration of the identity document entails the suspension of all transactions on the accounts (including remote ones), which may negatively affect the repayment of payments on the microloan (even if there are funds in the Borrower's accounts), i.e. lead to the formation of overdue loan debt with the accrual of an increased interest rate specified in the Individual Terms of the Microloan;
8.17. When the Bank transfers its rights (claims) under a microloan to a new creditor, fulfill the obligations assumed in the amount and under the conditions that existed at the time of transfer of rights;
8.18. Do not disclose one-time passwords, the password of the Mobile device in whose memory the Bank's Mobile Appendix is installed, do not transfer the card/card details to which the microloan amount has been transferred, the Mobile device in whose memory the Bank's Mobile Appendix is installed, to third parties, take the necessary measures to prevent loss, damage, theft of the card to which the microloan amount has been credited, the Mobile device in whose memory the Bank's Mobile Appendix is installed.
The bank has the right:
8.19. During the lending process, the Bank has the right to check the financial status of the Client. The frequency of such checks is established by the Bank, in the following cases:
1) violation and/or non-fulfillment and/or improper fulfillment by the Client of the obligations assumed under the Agreement;
2) deterioration of the financial condition of the Client and/or if a criminal case has been initiated against the Client, an arrest has been imposed and/or if there has been a freezing and/or suspension of transactions with the Client’s funds or other property;
3) the Bank has established facts that the Client has provided false information;
4) the Client’s evasion of banking control, including the inability to carry out proper verification of the Client and/or when the Client carries out suspicious and/or questionable transactions in accordance with the requirements of the Internal Control Rules for combating the legalization of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in commercial banks;
5) untimely repayment of the principal debt and/or other payments under the Microloan arising from this Public Offer, Individual Terms of the Microloan;
6) the emergence of any factors that increase the risk of non-repayment of the microloan;
7) in case of suspicion of unauthorized use of the Bank Card (to which the microloan was provided);
8) provision of false or inaccurate information (documents) or refusal to provide information requested by the Bank, including for monitoring the microloan, the financial status of the Borrower;
9) failure of the Bank to comply with economic standards established by the Central Bank of the Republic of Uzbekistan.
8.20. In case of violation of the obligations specified in clause 8.5, the Bank has the right:
- present the Amount overdue on the microloan for early collection, notifying the Borrower of this within the timeframes established by law;
- the date of sending a written notice shall be the date of its delivery to the Client or the date of mailing;
- foreclose on the microloan security ahead of schedule;
- at its sole and absolute discretion, initiate legal proceedings to collect and enforce obligations under the Agreement;
- write off funds from any account of the Borrower opened with the Bank in an unaccepted and uncontested manner, with the use of funds to pay off the principal debt, interest, and/or other payments on the microloan arising from the terms of the Agreement, and in their absence, from any other accounts, including in other Banks.
8.23. In order to notify the Client of the next repayment on the microloan within 8 (eight) calendar days before the scheduled date of repayment of the debt under the Agreement, inform the Client via e-mail or in the Personal account in RBS funds or by SMS notifications/PUSH notifications to the mobile phone number provided by the Client in the Credit Application about the upcoming payment according to the repayment schedule and the procedure for its repayment.
8.24. The Bank may, at its own discretion, apply or not apply any of the rights/requirements specified in this Public Offer. Failure to apply or partial application of these rights/requirements will not mean a waiver of these rights/requirements, and they may be applied at any time during the term of the Agreement.
8.25. The Bank has the right to contact the Client and send him/her notifications and alerts about the existence of overdue debt and failure to fulfill obligations under the Agreement using the means of communication and to the addresses (phones) specified in the loan application and in other documents provided by the Client to the Bank to receive a microloan, as well as using the contact information received from the Client and third parties, including by telephone, sending an SMS notification to a telephone number, through the postal service at the address of permanent registration/actual residence, by e-mail, or any other means of communication, as well as by visiting the Client at the specified address of permanent registration/actual residence/place of work.
8.26. The bank has the right to demand the return of outstanding funds on the microloan, and other additional requirements.
8.27. The Bank has the right to write off monetary funds available in all accounts of the Borrower (salary and equivalent payments, bank card and other accounts) necessary to satisfy its claims, without acceptance (consent) in accordance with Article № 783 of the Civil Code, a memorial order or a payment request.
8.28. In the event of a violation and/or non-fulfillment and/or improper fulfillment by the Borrower of the obligations assumed under the Agreement, transfer its rights (claims) under the Agreement to another/third party (who is not the debtor under this obligation), as a result of the fulfillment of the Borrower's obligation, without the consent of the Borrower, in accordance with Articles 313, 315, 318 of the Civil Code of the Republic of Uzbekistan.
In this case, the Bank has the right to retain the security under the Agreement until the Borrower’s obligations to the third party are fully fulfilled or to transfer these rights to a third party (hereinafter referred to as the new creditor) at its discretion.
The bank undertakes:
8.29. Provide the Client with the opportunity to use the microloan within the amount and within the timeframes specified in the Public Offer and Individual Terms of the Microloan;
8.30. In order to collect the debt on the microloan, notify the Client in the established form of the need to repay the debt and the consequences of failure to fulfill obligations under the microloan within 7 (seven) calendar days from the date of occurrence of the overdue debt, using any means of communication agreed with the Client in the agreement. Personal delivery of the notice and oral reminder about this by telephone is not carried out in the period from 20:00 to 8:00 local time.
8.31. In order to prevent a further increase in the Client's debt burden, notify within 7 (seven) calendar days from the date of occurrence of overdue debt under the Agreement via electronic mail or in the Personal account in RBS funds or by SMS notifications/PUSH notifications to the mobile phone number provided by the Client in the Credit Application about the occurrence of overdue debt with Appendix m of the repayment schedule and the procedure for its repayment.
8.32. In the event of full fulfillment of obligations under the Agreement, within one business day from the date of receipt by the Bank of the relevant request from the Client, provide a document via the RBS systems or, at the Client’s request, in writing, confirming full fulfillment by the Client of obligations under the Agreement.
8.33. Within five working days from the date of registration of the relevant request of the Borrower in the Bank, provide a document confirming the provision of a microloan to the Client.
9. RESPONSIBILITIES OF THE PARTIES
9.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the terms of the Agreement and the Current Legislation.
9.2. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if the failure to fulfill is a consequence of force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions. The Parties shall confirm the existence of force majeure circumstances with documents from competent authorities. Such circumstances shall include, among other things, military actions, mass riots, natural disasters, changes in the military-political situation, power outages, strikes, decisions of state authorities and local governments, the issuance of laws and other regulations that make it impossible to fulfill the obligations stipulated by this Public Offer.
9.3. The Client is liable to the Bank with all of its property for the timely and complete repayment of the microloan, as well as for the reimbursement of legal costs for debt collection caused by the failure to fulfill or improper fulfillment of obligations by the Client.
9.4. In case of failure to fulfill or improper fulfillment of its obligations under the Agreement, the Bank shall be liable in accordance with the General Agreement on servicing individuals of JSC “APEX BANK” and the Current Legislation.
9.5. The Bank shall not be liable for failure to fulfill or untimely fulfillment of these terms of the Public Offer, in the event of technical failures (power outages/damage to the power supply and communication networks, technical failures in the operation of the Payment Systems), in the event of incorrect/incomplete indication by the Client of the details for transferring funds to the account.
9.6. The Bank has the right to charge and collect interest, penalties, and fines in an amount not exceeding half of the loan amount per year, and also to demand compensation from the Borrower for all losses and damages, and expenses incurred by the Bank in order to repay the amount of the Borrower's debt.
9.7. Payment of the penalty does not release the Parties from fulfilling their obligations or eliminating violations.
9.8. The Bank shall not be liable for the Client’s errors or the Client’s duplication of any operations to repay the microloan.
9.9. The Bank is not responsible for damage resulting from the loss or transfer by the Client of the Mobile Device to unauthorized persons.
2. PROCEDURE FOR RESOLVING DISPUTES AND PROCESSING REQUESTS
10.1. All disputes arising during the execution of the Agreement by the parties will be considered by the parties in advance in order to develop a mutually acceptable solution. If the parties fail to reach an agreement, the dispute between them will be resolved in accordance with the procedure established by the current legislation of the Republic of Uzbekistan in a court of general jurisdiction at the location of the Bank.
10.2. All disputes between the parties arising from the Agreement shall be resolved in the manner provided in this Public Offer and the General Agreement on Servicing Individuals of JSC «APEX BANK».
10.3. The liability measures of the Client and the Bank not provided for in this Public Offer shall be applied in accordance with the legislation of the Republic of Uzbekistan.
10.4. In the event that the insurance organization pays the Bank insurance compensation for the Client’s debt on a microloan, the insurance organization shall acquire the right to demand compensation of funds from the Client in a recourse manner in accordance with the current legislation.
3. DURATION OF THE CONTRACT
11.1. The Agreement shall enter into force from the moment the Client accepts the Individual Microloan Terms.
11.2. The Agreement is valid during the period of microloan lending and terminates after the Client has fully fulfilled his obligations under it.
12. FINAL PROVISIONS
12.1. The loan is issued 24/7 via the Bank's mobile application.
12.2. Conditions not specified in this Public Offer are governed by the current legislation of the Republic of Uzbekistan.
12.3. The Client expresses its consent to receive from the Bank advertising materials related to the promotion of the Bank's services by making direct contacts using all means of communication, including, but not limited to: mailing, SMS mailing, voice mailing, email mailing, etc.
12.4. In the event of a dispute, bank records will be the primary evidence of the obligations of both parties under this Public Offer/Agreement.
12.5. In the event of the death of the Borrower, all his rights and obligations shall pass to his heirs in the manner established by the legislation of the Republic of Uzbekistan.
12.6. The Agreement is considered concluded on the terms of the Public Offer, valid at the time of acceptance by the Client from the moment of acceptance by the Client of the Individual Terms of the Microloan and is valid until the Bank and the Client have fully fulfilled their obligations.
12.7. The public offer is considered valid from the moment and during the period of its publication in the RBS system/on the Bank’s website.
13. BANK ADDRESS AND DETAILS
JSC «APEX BANK»
Address: Tashkent, Yakkasaray district, Bratislava street, 2
MFO: 01196, INN: 310329897
Contact center number: 1881