I ("the Borrower") agree to be bound by the following terms and conditions:
CMB Wing Lung "Easy Pay" Salaries Tax Loan (the “Loan”) General Terms and Conditions:
1. CMB Wing Lung Bank Limited (the “Bank") shall, upon the Borrower's application for the Loan be approved, extend to the Borrower a loan, subject to the terms and conditions of the loan application form, loan offer letter issued by the Bank, terms of promotion offers (if applicable) and these Terms and Conditions. After drawing of the Loan by the Borrower, the Borrower shall be deemed to have accepted and agreed to be bound by the terms and conditions of the loan application form, loan offer letter issued by the Bank, terms of promotion offers (if applicable) and these Terms and Conditions.
2. The Borrower shall repay the principal amount advanced or the remaining balance of the Loan together with interests, overdue interests, charges, expenses to the Bank by the monthly repayment amount prescribed by the Bank through the repayment account designated by the Bank on or before the repayment date prescribed by the Bank and shall perform other liabilities hereinafter mentioned, and authorizes irrevocable authority to the Bank to debit the monthly repayment amount from the repayment account. Such authorization will not affect the rights of the Bank to demand immediate full repayment of the Loan.
3. If the repayment date falls on a public holiday, the repayment amount will be debited on the following business day.
4. Interest of the Loan will be calculated from the Loan drawdown date on monthly basis and shall be determined at the Bank’s absolute discretion with reference to the Loan amount, the term and repayment conditions. The monthly repayment amount shall be apportioned among the principal, interest, loan handling fee (if applicable) and other charges of the Loan in such manner as the Bank thinks fit.
5. The Bank may deduct the loan handling fee (if applicable) and other charges, calculated at such rate or in such amount as the Bank may determine, from the approved Loan amount and pay the balance of the Loan to the Borrower.
6. The proportion of principal and interest of monthly repayment amount is calculated according to the formula of Rule of 78.
7. Interest of the Loan shall be calculated on the basis of 365-day per year (including ordinary and leap years).
8. If the Borrower fails to repay the monthly repayment amount or other payable amount on the due day as scheduled, the Loan shall (notwithstanding anything herein contained) become due immediately and the Borrower shall pay overdue interest on any overdue amount from the due date up to the date of actual payment (including the date before or after judgment) at the rate of 3% per month (Annualised Interest Rate 36%) or such other rate as the Bank may announce from time to time calculated on daily basis with simple interest and the amount of overdue interest does not have minimum limit. The Borrower shall pay overdue repayment fee at HKD500 for each overdue repayment and pay all other fees and expenses reasonably incurred by the Bank arising from the recovery of outstanding payment including all legal costs and expenses.
9. If the Borrower fully repays the Loan before the due date of the repayment tenor, the Bank will charge 1% of the approved loan amount or HKD500 (whichever is the higher) as early settlement fee and will charge a prepayment fee equal to one month’s interest of the outstanding principal. The Borrower must submit the application to the Bank in writing at least two working days before the due date of the repayment date if the outstanding balance of the Loan is intended to be early repaid in full.
10. The Bank may at any time, without notice, combine or consolidate any outstanding amount of the Loan or interest or fee or charge or any other outstanding amount with any accounts which the Borrower maintains with the Bank (including time deposit accounts) and set off against or transfer any credit balance of such accounts for the repayment of the outstanding amount of the Loan.
11. The Bank may employ third party debt collection agencies to claim any outstanding amounts owed by the Borrower for the Bank. The Borrower agrees to pay to the Bank all costs and expenses (including legal fees and all charges to employ third party debt collection agencies) reasonably incurred by the Bank in enforcing these Terms and Conditions and for the recovery of any outstanding amounts of the Borrower.
12. The Bank may by giving not less than 30 days prior notice to the Borrower amend these Terms and Conditions from time to time at its sole discretion. If the Borrower does not fully repay the Loan before the expiry of the notice period or continues to utilize the Loan after the notice period, the Borrower shall be deemed to have agreed to such amendments.
13. For returned cheque or rejected autopay payment instruction upon repayment of the Loan, the Borrower shall pay the return payment fee of HKD150 or the prescribed fee under General Banking and Sunflower Service Charges (whichever is the higher).
14. The Borrower authorizes the Bank to contact all relevant parties for verification and to disclose and transfer details concerning the Borrower’s loan or credit facilities and/or credit related data relating to the Borrower in the possession or control of the Bank to other banks, credit reference agencies and/or credit card companies for the purposes of credit checking and exchanging credit information.
15. The Bank may terminate the Loan by giving the Borrower prior reasonable notice. However, if the Borrower fails to repay any repayment amount as scheduled or is in breach of these Terms and Conditions or any applicable law and regulation, the Bank shall have the absolute right immediately terminate the Loan without prior notice. Upon termination of the Loan, the Borrower shall repay all outstanding principal, interests of the Loan immediately and pay all charges in connection with the Loan.
16. The Borrower undertakes to inform the Bank as soon as possible of any difficulty in repaying the Loan (or any part thereof) or in paying any outstanding amount arising from the Loan.
17. Any change of the information given by the Borrower in the loan application form (including but not limited to the Borrower's address, telephone and occupation), the Borrower must immediately notify to the Bank in writing. The Bank reserves the right to rescind the Loan and demand immediate repayment in full if any change occurs prior to the drawdown of the Loan or if any information provided to the Bank in the Borrower's loan application form is inaccurate.
18. The Borrower agrees to notify the Bank promptly in writing should the Borrower be or become related to any of the Bank's directors or employees during or after the application of the Loan.
19. The Borrower acknowledges and agrees that all personal data relating to the Borrower may be used and disclosed by the Bank for such purposes and to such persons as may be in accordance with the Bank's policies on use and disclosure of personal data as set out in statements, circulars, notices or terms and conditions made available by the Bank to its customers from time to time.
20. These Terms and Conditions shall not be operate so as to exclude or restrict any liability, the exclusion or restriction of which is prohibited by the Laws of the Hong Kong Special Administrative Region, and if they contain any provision which is invalid for any reason, shall be ineffective only to the extent of such invalidity, which shall not affect the validity of the remaining Terms and Conditions.
21. The Borrower authorizes the Bank to disclose the following data by telephone to an enquirer whom the Bank genuinely believes to be the Borrower (and for this purpose the Bank may require the enquirer to provide the Borrower's correct Hong Kong Identity Card number, the loan amount applied for and any other information as the Bank deems fit for verification of the enquirer's identity): Loan approval status (approved, pending or rejected), and if approved details of the Loan. The Bank has no obligation to verify enquirer's identity and the Borrower agrees that if the Borrower suffers from any loss due to the Bank disclosure of related information according to the aforesaid procedures to enquirer other than the Borrower, the Bank would not be liable to any liability.
22. Should the Borrower fails to pay all or part of the tax on time after the approval of the Loan, the Bank will not liable to any liability including but not limited to the surcharge or any other charges levied by the Inland Revenue Department. If the approved amount is less than the tax payable by the Borrower, the Borrower shall arrange to pay the balance of the tax.
23. The Borrower agrees that under any of the following conditions, without prejudice to any other rights and remedies to the Bank herein or at law, all outstanding balance of the Loan including principal and interests and other obligations and liabilities to the Bank shall become immediately due and payable and shall be performed without the Bank’s prior notice:
i. violation of any these Terms and Conditions by the Borrower; or
ii. any attachment, execution or similar process is levied against the Borrower; or
iii. if the Borrower appears to be unable to pay or have no reasonable prospect of being able to pay any debt within the meaning of Bankruptcy Ordinance (Cap.6 of the Laws of Hong Kong); or
iv. the application by any person for the appointment of a receiver to take control of or for a writ of attachment against any of the Borrower’s property; or
v. the Borrower’s death or mental disability; or
vi. the Bank determines that the Borrower fails to comply or settle the Borrower’s obligations and liabilities owing to the Bank
24. The Bank reserves the overriding right to demand the Borrower to repay the Loan immediately in full.
25. The Borrower shall indemnify the Bank against all losses, damages, costs, expenses, claims, demands, proceedings and liabilities of whatsoever nature the Bank may suffer or incur, directly or indirectly, arising out of or in connection with this application and/or its reliance on the information provided by any person(s) to the Bank herein or subsequently, from time to time, supplied by the Borrower except to the extent that the same is solely caused by the willful misconduct or gross negligence of the Bank or their respective employees or agents.
26. In the event of any inconsistency between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.
27. These Terms and Conditions shall be governed by and construed in accordance with the Laws of the Hong Kong Special Administrative Region.