Personal Loan template agreement

NOTICE: This English translation is a courtesy and office translation only - applicants for the consumer credit cannot derive any rights from the translated version. Upon applying for the consumer credit this credit agreement will be provided in Lithuanian. The Lithuanian language version of this credit agreement shall apply and prevail and be conclusive and binding. The Lithuanian version shall be used in any legal proceedings.

Personal Loan Consumer Credit Agreement

This consumer credit agreement No <Agreement Number> (“Credit Agreement”) is made by and between:

• <customer’s name surname>, <address> (“You” or “Borrower”); and

• Revolut Bank UAB, a company established under Lithuanian law, with its registered office in Vilnius, Konstitucijos ave 21B, LT-08130, Vilnius, Lithuania, registered in the Register of Legal Entities of the Republic of Lithuania under no. 304580906 (“Bank”, “we”, “us” or “our”).

This Credit Agreement consists of part A and part B sets out important information in relation to your loan, including what our obligations are to you and what your obligations are to us.

Revolut Bank UAB is authorised and regulated by the Bank of Lithuania in the Republic of Lithuania and by the European Central Bank.

PART A

Special Conditions – About your Loan

The Special Conditions below set out the important features of your loan. They are calculated using a drawdown date of <Agreement signing date Year> <Agreement signing date Month> <Agreement signing date Day>.

You have a right to cancel this Credit Agreement for 2 calendar days after the date of disbursement of credit under the Credit Agreement (the “Cooling-off Period”). See Part B of this Credit Agreement for further details.

You also have a right to withdraw from this Credit Agreement within 14 calendar days of entering into it. See Part B of this Credit Agreement for further details.

A preliminary repayment schedule is below. The exact dates of your repayments may change (for example, depending on when this Credit Agreement is concluded). We will provide a final repayment schedule in the Revolut App, and make updates to it there if required (the “Repayment Schedule”). You can download your Repayment Schedule at any time free of charge from the Revolut App.

PART B

General Conditions

1. Calculating the Total Cost of Credit and the APR

The APR has been rounded up to two decimal places. Where the last decimal digit is 0, it is not displayed.

We have made the following assumptions when calculating the Total Cost of Credit and the APR:

1.1. The Credit Agreement will be in force for the full term;

1.2. The Total Amount of the Loan will be fully disbursed on the date of conclusion of this Credit Agreement;

1.3. You and we will fulfil our obligations, within the specified time limits, under this Credit Agreement; and

1.4. The interest rate and other costs referred to into the Credit Agreement will not change and will be applied until the end of the Credit Agreement.

2. Disbursement of the credit

2.1. We agree to disburse to you a credit in accordance with this Credit Agreement.

2.2. We will disburse the Total Amount of the Loan to your payment account with Revolut Bank UAB which you must have in order to enter into this Credit Agreement (the “Payment Account”). The disbursement will be made immediately and in all cases not later than within 1 day after we conclude this Credit Agreement with you. We will notify you (by email or through the Revolut App) that the Credit Agreement has been agreed and that the disbursement has been made.

2.3. We may refuse to make any disbursement if:

a) You provide us with any information that we believe is false, inaccurate, or misleading;

b) You breach the terms of this Credit Agreement, or any other terms and conditions that you have agreed with us or a Revolut group company; or

c) Your creditworthiness changes.

2.4. If we refuse to make a disbursement, we will let you know, this Credit Agreement will immediately expire. If this happens, we will let you know in the Revolut App or by email.

3. Purpose of the credit

We only agree to disburse credit to you on the condition that you will use it for a personal purpose which is not related to business, trade, or profession.

4. Repayment of the credit

4.1. You must repay to us any disbursements made under this Credit Agreement. Your Repayments must be made in the currency of the credit.

4.2. Your Repayments must be made in individual instalments, in the amounts and at the frequency set out in the Repayment Schedule.

4.3. The amounts set out in the Repayment Schedule cover both the Repayment of the credit and any interest on it.

4.4. All Repayments must be made before or on the Final Loan Repayment date.

4.5. Your Repayments will be collected from your Payment Account, as set out in section 5 below or may be initiated by you through Revolut App.

4.6. Any Repayment will be deemed to have been repaid when it is received by us.

4.7. Any Repayment received by us will be applied as follows:

a) It will first be applied to our costs accrued while making a claim and other recovery costs that we paid for your debt collection;

b) Once any outstanding costs for making a claim and debt recovery are repaid in full, it will be applied to default interest;

c) If all outstanding default interest is repaid, it will be applied to any interest owing;

d) Any remaining amounts will be applied to repay the credit.

4.8. Any Repayment will be recorded with us and reflected in the Revolut App.

4.9. We may reverse any Repayment if the Repayment is subsequently recalled or is returned due to mistake, fraud or the operation of any applicable clearing rules, or if the entry was made in error.

4.10. When your credit is fully and finally repaid, we will inform you via the Revolut App or by email.

4.11. If you cannot make the Repayment from the Payment Account (e.g. if the Payment Account has been blocked), contact us via Revolut App and we will notify you of an alternative method of making Repayments, and you must use that method following receipt of the notice.

5. Your consent for Repayments to be made

5.1. In order to enter into this Credit Agreement, you must already hold a Payment Account. You undertake not to close your Payment Account until you have fully discharged all of your obligations under this Credit Agreement and have been notified by us that your credit has been fully and finally repaid.

5.2. Repayments will be collected from your Payment Account at the beginning of the day on which the Repayment is due. For this reason, you must make sure that you have sufficient funds in your Payment Account the day before the Repayment is due.

5.3. In order for us to provide you with our services, you consent and authorise us until full implementation of your obligations under the Credit Agreement, regardless of the withdrawal or termination of the Credit Agreement to do the following:

a) When any Repayment becomes due, to transfer the funds for the Repayment from your Payment Account to us;

b) If the Repayment cannot be made (in full or at all) on the due date, to repeat the transfer of funds at the same time on each following day until the Repayment due is made in full; and

c) If a Repayment cannot be made at any time due to a lack of funds on your Payment Account, to use the provided stored card linked to your Payment Account to make a top up to your Payment Account on the third, thirteenth and twenty-eight day following the due date of the Repayment to cover the shortfall.

6. Interest

6.1. You must pay us interest on any amount disbursed to you.

6.2. Interest will be charged on the Total Amount of the Loan disbursed but not repaid. Interest will commence being charged on the date of disbursement, and will continue being charged until the day before the credit is repaid.

6.3. Interest is calculated daily in arrears. In calculating interest it is deemed that a month has an actual number of days and a year has 365 days.

6.4. The interest rate is a fixed interest rate.

7. Early repayment of the credit

7.1. You may choose to repay your loan, in full or in part, at any time before the dates specified in the Repayment Schedule (an “Early Repayment”). You can do this in the Revolut App.

7.2. There are no fees or charges for Early Repayments.

7.3. Once you make an Early Repayment it will be applied and recorded in the same manner as for scheduled Repayments, as set on in section 4 above.

7.4. If you make an Early Repayment, it will be recorded with us, and the Total Amount of the Loan will be reduced accordingly, however we will not change any dates indicated in your Repayment Schedule. The reduction will include interest and fees (if any) for the remaining period from the date of the Early Repayment until the Final Loan Repayment date.

7.5. If you make an Early Repayment, your Repayment Schedule will change. Please review your amended Repayment Schedule without delay after any Early Repayment.

8. Default interest

8.1. If you fail to make a Repayment on time and in accordance with this Credit Agreement, any shortfall will immediately become an “Overdue Debt”. We will contact you to request that you make the Repayment immediately.

8.2. Upon an amount becoming an Overdue Debt, default interest will be charged. Default interest will be charged on the Overdue Debt at the rate of 0.05 percent for each delayed day. Default interest will be charged for a period not exceeding 180 days.

8.3. No amount will be treated as an Overdue Debt, and no default interest will be charged by us, if your failure to make a Repayment is due to a failure of any payment services provided by us or another Revolut group company.

8.4. Payment of default interest will not release you from performance of your obligations under this Credit Agreement, postpone any agreed deadlines for Repayment, or extinguish the debt owed.

9. Your obligations to us

9.1. You agree that:

a) All information you provide to us in relation to this Credit Agreement is complete, accurate, up-to-date and true in all respects;

b) Prior to concluding this Credit Agreement, you received a copy of it and the sheet of Standard Information on Consumer Credit (“SICC”), and have read and accepted both;

c) You have received information about your right to withdraw from this Credit Agreement.

10. Pledge

10.1. All existing and future funds in the Borrower’s accounts opened with the Bank and the right of claim to disburse funds (including future claim right) and interest (if any) are subject to an ordinary and maximum pledge for the benefit of the Bank on the basis of the Credit Agreement to secure the fulfilment of the Borrower’s obligations under the Credit Agreement.

10.2. An ordinary pledge secures the main obligation of the Borrower under the Credit Agreement and interest arising from it. A maximum pledge secures penalties and losses which the Bank may incur due to non-fulfilment of obligations under the Credit Agreement. The amount secured by the maximum pledge is equal to 40 percent of the Total Amount of the Loan.

10.3. The Borrower hereby transfers the above-mentioned pledged assets to the Bank as required by law in relation to the application of an ordinary written form to pledge transactions.

10.4. The Bank has the right to provide third parties with information on the pledge of Borrower’s accounts if it is necessary to protect the interests of the Bank.

10.5. If the Borrower properly fulfills the obligations to the Bank, disposal of pledged funds will not be restricted.

11. Borrower’s rights during the Cooling-off Period

11.1. The Borrower has the right to withdraw from this Credit Agreement without specifying the reason and without paying any interest and any other charges, costs, or compensations, during the Cooling-off Period.

11.2. If the Borrower wishes to exercise the right of withdrawal of this Credit Agreement, no later than until the end of the Cooling-off Period the Borrower should notify the Bank through the Revolut App and repay the credit in full.

12. Borrower’s right of withdrawal from the Credit Agreement

12.1. You may, without giving any reason, withdraw from this Credit Agreement within 14 calendar days:

a) from the date of execution of this Credit Agreement; or

b) from the date on which you received the provision and conditions of the Credit Agreement including SICC, provided that the date is after the date of execution of the Credit Agreement.

12.2. Any such withdrawal must be made via Revolut App.

12.3. Where you validly withdraw from the Credit Agreement within 14 calendar days of entering into it, you and we are obliged to mutually settle and return any monies provided to each other. You shall immediately return in full the credit advanced by us together with any applicable interest, no later than 30 Business Days (meaning a day other than a Saturday, Sunday or a public holiday in Lithuania) after we accept your request to withdraw.

12.4. We will not charge you any fees or charges if you withdraw from the Credit Agreement.

13. Breaches of the Credit Agreement and consequences

13.1. If you breach this Credit Agreement, we may:

a) refuse to grant all or part of the credit, or to suspend the disbursement of the credit, until you rectify the breach; or

b) terminate the Credit Agreement (and any other credit agreement you have with us), if we consider that you have committed a material breach of it.

13.2. You will commit a material breach of this Credit Agreement if:

a) You fail to make a Repayment in full within 1 month of it being due and the overdue amount is at least 10% of the outstanding credit; or

b) You fail to make a Repayment in full within 3 consecutive months of it being due (regardless of the amount); .

13.3. If you miss the due date of any Repayment, we may:

a) Recover any overdue debt and default interest in the manner prescribed by law;

b) Assign any overdue debt to any third parties, or to refer your overdue debt to a collection agency and, if we do, to transfer your personal data an information covered by bank secrecy to those parties or agencies; and

c) Exercise any other rights we have in this Credit Agreement or prescribed by laws.

13.4. In the event of any delay in Repayment, we may refer the case to court which may result in additional costs for you.

14. Termination of the Credit Agreement

14.1. This Credit Agreement may be terminated by either us or you, as set out in this section 14.

14.2. You may terminate this Credit Agreement at any point during the term of the Credit Agreement via the Revolut App.

14.3. We may terminate the Credit Agreement only in the event of a material breach of it by you. In this case, we shall notify you by post, email or via the Revolut App. If you fail to rectify the material breach of this Credit Agreement within the time limit set in the notice, we will notify you a second time and set a time limit of 14 days for its rectification. If you still fail to rectify the material breach of the Credit Agreement, it is deemed to have been terminated without a separate notice 14 days from the date of dispatch of the second notice.

14.4. Upon termination of the Credit Agreement, all of your Repayments immediately will become due.

14.5. The termination of the Credit Agreement does not suspend the calculation of interest and default interest, nor does it remove your obligation to make Repayments.

15. Expiration of the Credit Agreement

15.1. The Credit Agreement shall expire when the final Repayment is received by us.

15.2. The Credit Agreement shall also expire if we refuse to disburse the credit pursuant to the Credit Agreement.

16. Other legal bits and pieces

16.1. Processing of personal data

We have the right to carry out the monitoring, analysis and evaluation of your actions as the Borrower (and, where applicable, the spouse), performed in the Revolut Account (including payment transactions and other transactions). Also we have the right to obtain your and/or the spouse personal data and transfer your data (such as name, surname, personal number, place of residence, information on the obligation under this Credit Agreement to make Repayments or interest, information on debt liabilities) to persons related to us and third parties: entities managing data files of joint debtors, entities managing credit bureau information systems, entities providing debt recovery services, competent public authorities, registers and other third parties to the extent necessary to ensure the implementation of our rights and legitimate interests, the assessment of your solvency, the fulfilment of the provisions of this Credit Agreement and legal requirements. The list of such data providers and recipients is published on our website.

We will process your personal data in accordance with our Privacy Policy (which you acknowledged when you created your Revolut Account and can access at any time through the Revolut App or Revolut’s website).

16.2. Set-Off

If you owe us any amount under this Credit Agreement, we may, without notice to you, use funds in any accounts that you hold with us to pay off that amount (this is called set-off).

16.3. Complaints

If you have any complaint in relation to our products or services, please contact us. We will accept and consider any complaint sent by you to us. Our final response to your complaint, or a letter explaining why the final response has not been completed, will be provided to you within 15 Business Days after your complaint has been made, and in exceptional circumstances, within 35 Business Days (and we will let you know if this is the case). If you are unhappy with how we have dealt with your complaint, you can refer it to the Bank of Lithuania within 1 year of the date you sent us your complaint. In this case the Bank of Lithuania would act as an out of court dispute resolution authority dealing with disputes between consumers and financial service providers. Their address is: Žalgirio str. 90, 09303 Vilnius, the Republic of Lithuania. For more information please refer to the Complaints Policy on the Revolut website where you can find full details on our complaints handling procedure. Alternatively, if you have any queries on our complaints handling procedure, please contact us by using your Revolut App.

16.4. Supervisory Authority

Financial supervision of us is carried out by the Bank of Lithuania, located at: ave Gedimino. 6, LT-01103, Vilnius. The Bank of Lithuania's website is: www.lb.lt/en/.

16.5. Our Rights

You acknowledge and agree that each of the terms set out in this Credit Agreement for the sole and exclusive benefit of us may be waived by us at its absolute discretion and without your prior consent.

If at any time we choose not to exercise, or to delay in exercising, any right, power or privilege that we have under this Credit Agreement, this does not mean that we have waived the right, power or privilege entirely and we may exercise it at a later date. If we exercise, in whole or in part, any right, power or privilege that we have under this Credit Agreement on one occasion, we may exercise it, or any other right, power or privilege again, at any other time.

The rights and remedies set out in this Credit Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

You acknowledge and agree that you will promptly do any act or sign any documents that we may reasonably require (and in such form as we may specify and, if we require, in favour of our nominees) for the exercise of any of our rights, powers and remedies provided under this Credit Agreement or by operation of law.

16.6. Entire Agreement

This Credit Agreement represents the entire understanding between you and us in respect of your loan and supersedes any other arrangements, agreements, understandings or promises between you and us in respect of your loan (whether in writing or in any other form) that have been made or come into existence prior to signing this Credit Agreement.

This Credit Agreement will continue to apply until you repay your loan in full.

16.7. Assignment

The Borrower may not assign its rights or obligations arising from the Credit Agreement. We reserve the right to assign all or part of this loan (including our rights under this Credit Agreement) to any member of the Revolut group or to any third party. We can do this at any time and without notice to you or without obtaining your prior consent. If we do, we can give any proposed assignee (and their professional advisors), any information that we deem necessary relating to you and/or your loan. You agree to execute, at our cost, any documentation that we may require you to execute in order to facilitate the assignment. You appoint us to act as your attorney in order to sign such documentation.

16.8 Governing law and jurisdiction

This Credit Agreement, and any non-contractual obligations arising out of or in connection with this Credit Agreement, are governed by and interpreted in accordance with the laws of Lithuania.

You agree that any dispute or claim arising out of or in connection with this Credit Agreement (including any dispute or claim relating to its existence, validity or termination) or any non-contractual obligations arising out of or in connection with it will be dealt with by the courts of Lithuania.

Your contractual relationship related to the Payment Account is governed by the terms and conditions, and governing law, that you have separately agreed with us.

16.9. Cooperation

From time to time, we may contact you by means of the Revolut App and you consent to such contact by the Revolut App.

16.10. Variation

We may vary this Credit Agreement by providing you with not less than two months’ (in any case - not less than 60 days in advance) written notice. We will only make such a variation to reflect current market practice, the requirements of any law, code, regulation, guidance or guidelines, to clarify an existing clause in this Credit Agreement or where an update is required in respect of changes within the Revolut group. In case you disagree with such amendments, you can terminate this Credit Agreement and repay the credit and all outstanding amounts before the date indicated in our notice.

If, at any time during the term of this Credit Agreement, any one or more of the terms of this Credit Agreement are deemed to be invalid, illegal or unenforceable, the remaining terms under the Credit Agreement will be unaffected and will continue in existence and you will continue to be bound by those terms.

16.11. Miscellaneous

Our Legal Entity Code is: 304580906. Our registered office is at Konstitucijos ave 21B, LT-08130, Vilnius, Lithuania.

Data about us is collected and saved in the Register of Legal Entities of the Republic of Lithuania.

The Credit Agreement is deemed to have been executed when you accept the Credit Agreement in the Revolut App. We may require you to accept the Credit Agreement in accordance with the procedure for authentication of the Revolut App user and transaction approval provided for in the Revolut App (including requirement to enter a password or use biometric elements).

This Credit Agreement shall be concluded in electronic form and any amendments to the Credit Agreement shall also be made in electronic form.

We shall make the Credit Agreement and any amendments to the Credit Agreement available to you in a durable medium.