• interest on any Transferred Balances and the Revolving Balance;
• any Card Repayment Protection premium (if applicable); and
• the remainder of the minimum payment will be allocated first to Charges made under Condition 7 and then divided between the balances stated in Condition 2 and applied to those balances accordingly.

The amount apportioned to the Revolving Balance will be divided equally between the categories within that balance.

5.2 If you pay more than the minimum payment, we will apply any amount over the minimum payment in the following order:

• Transferred Balances on which interest is charged at an introductory rate or promotional rate (in the order they were put on the Account); and
• the Revolving Balance in the following order:(i) Charges;

  (ii) Transferred Balances that are not charged at any introductory or promotional rates (including any Transferred Balances on which any introductory or promotional rate is no longer charged) and Purchases;

  (iii) Cash Advances.

5.3 If we change this order for any Special Promotion we will tell you in the details of the Special Promotion.

6. TOTAL CHARGE FOR CREDIT

If you use your card to make a Purchase of £1500 and then repay that Purchase in 12 equal monthly repayments you would pay interest of £130.37 if you pay 16.9% or £152.99 if you pay 19.9% based on the annual interest rate which will apply for Purchases after the introductory promotion period for Purchases.

KEY INFORMATIION

7. CHARGES

7.1 If you break the terms of this Agreement we may charge you the following, where relevant, to cover the additional cost caused to us:

• £16 each month you go over the Credit Limit, even if we authorised the Transaction which resulted in you exceeding the Credit Limit;
• £16 if you do not keep up the payments on the Account;
• £16 for any payment returned or recalled for any reason;
• any costs and expenses reasonably incurred by us as a result of your breach of this Agreement.

7.2 We will charge:

• £2 for any payment made other than by BACS, Direct Debit, debit card or transfer from an Egg Savings Account;
• a handling fee of 3% of the amount of each Cash Advance (minimum fee £3.00). If you are an Existing Egg Customer, we will not charge a handling fee.
• for customers who applied before 1 June 2007, a handling fee of 2.5% on the amount of each Transferred Balance made during an introductory offer period;
• for customers who applied after 1 June 2007, a handling fee of 3% on the amount of each Transferred Balance made during the introductory offer period;
• a handling fee on each Transferred Balance made under a Special Promotion. We will tell you what the fee is when we tell you of the availability of the Special Promotion.
• 2.75% commission on all Transactions which have to be converted into sterling (see Condition 9.2 of the Egg Card Conditions);
• £2 for each paper statement; and
• if you ask us for any non-standard service, an amount which we will tell you before we provide the service.

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce the agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amounts you owe under this agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

THEFT, LOSS OR MISUSE OF EGG CARD

If your Egg Card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc, as long as you confirm this in writing within seven days.

8.1 In this Agreement:

Account means the Card account we open in your name.

Additional Cardholder means a person you have asked us to give a Card to so that they can use the Account.

Agreement means the Egg Card Agreement and these conditions as varied by us from time to time.

Balance means the amount you owe us on the Account.

Card means any Egg Card we give you or an Additional Cardholder which is linked to the Account.

Cash Advance means obtaining cash, foreign currency, travellers’ cheques and postal orders, gambling transactions that we allow, using a Card or the Card number.

Cash Back is a cash payment made under Condition 11 as a reward for using the Card for Purchases.

Charges means the interest and charges payable by you as set out in Conditions 4, 7 and 10 of this Agreement.

Credit Limit means the limit on the amount you can borrow from us on the Account at any time. This will be a limit set by us or a lower limit you choose from time to time.

Existing Egg Customer means (a) an Egg Card holder who has an Egg account or another eligible Egg product and had that account (or product) before applying for a Card and (b) anyone who is permanently employed by Egg Banking plc.

gambling means a transaction that we recognise as having been made at an establishment where gambling is carried out, whether or not the purpose of that transaction is for gambling activities.

Group means Citigroup Inc.and its group of companies, including Egg Banking plc.

Linked Supplier means a person or company which provides additional benefits or services to you under an arrangement with us.

Payment means any payment you tell us to make by direct bank transfer or other available method from the Account for, or to the account of, any person in the UK.

Payment Date means the date by which you must make payment in accordance with Condition 2, as shown on your statement.

Personal Information means the information described in Condition 21.1.

PIN means your personal identification number.

Promotional Balance means the amount (including interest on that amount) you owe us on the Account for Transactions made under a Special Promotion.

Purchase means a purchase of goods or services using the Card or the Card number.

Revolving Balance means the Balance excluding Promotional Balances and any Transferred Balances on which interest is charged at an initial reduced rate.

Secure Area means that part of our operation which can only be accessed on the Egg website, or by telephone by Egg customers who have been through our security checks.

Secure Message means a message we send to you and you send to us from the Secure Area.

Special Promotion means a promotion we may make available to all or some cardholders from time to time (excluding introductory offers available to new card holders).

Statement Total means the total amount you owe us on the Account on each statement date. The Statement Total will be stated in your monthly statement.

Transaction means any Purchases or Payment made or Cash Advance taken by you or an Additional Cardholder, using the Card or the Card number including any payments you ask us to make under Condition 9.3.

Transferred Balance means the amount you owe us on any sum you transferred to us under Condition 9.3.

UK means England, Wales, Scotland and Northern Ireland.

we, us our means Egg Banking plc of Citigroup Centre, Canada Square, London E14 5LB, and any business or other person we transfer any or all our rights and responsibilities to under this Agreement.

you, your means the person who signed this Egg Card Agreement.

9. Use

9.1 We will send a Card to you and any Additional Cardholder as soon as we have opened your Account and will renew it from time to time with the same type of card or replace it with a different type of card which you then qualify for and which is covered by this Agreement. If there are any changes to the services or new ways in which you can use the Card, we will deal with these under Condition 17, and Conditions 17.2 and 17.3 will then apply. The Cards belong to us. We can ask you to give them back or ask others to return them to us at any time. You and any Additional Cardholder can use Cards for Transactions up to the Credit Limit (and for any other use that we allow). To decide whether you have gone over the Credit Limit we can take into account the amount of any Transaction we have authorised even if it has not yet been charged to the Account.

9.2 We will convert all Transactions in other currencies into sterling. The exchange rate used may differ from the rate when the Transaction was made as exchange rates vary on a daily basis.

9.3 You can ask us at any time:

• to pay off an amount you, or your Additional Cardholder, owes to another UK lender and transfer it to the Account, so long as the amount would not make you go over the Credit Limit, is £100 or more, and is not used to discharge your, or your Additional Cardholder’s indebtedness to any part of the Egg group of companies;
• to transfer (by direct bank transfer) an amount from your Account to a specified current account held by you or an Additional Cardholder as long as the amount transferred would not make you go over the Credit Limit and is £100 or more.

We may limit the amount that can be transferred under this Condition and will notify you when you ask to make a transfer.

9.4 The services we provide under this Agreement are for your personal use only. You must make sure that the Cards and the Account are not used to carry out Transactions on behalf of, or to receive payments from, any business or other organisation. You must also make sure that Cards are not used to carry out Transactions for illegal purposes or for internet gambling transactions.

9.5 We may limit the number of Transactions or amounts withdrawn in relation to any Cash Advance from time to time. Please see www.egg.com for further details.

9.6 As part of our responsible lending strategy, we will review your Credit Limit regularly .We will carry out appropriate checks before increasing your Credit Limit. You may tell us not to increase your Credit Limit, and may also tell us to lower your Credit Limit at any time. If a review of your Credit Limit leads us to decrease your Credit Limit, we will take account of all factors that we reasonably consider to be relevant and, in any event, we will set your new Credit Limit at a sum which we reasonably believe will be greater than your Balance plus Transactions that have been authorised but not yet charged to your Account when we tell you of the change. In accordance with Condition 1 of this Agreement, we will tell you if we change your Credit Limit.

10.2 Where you make a payment into your Account by cheque, it will be applied to your Account when the cheque clears. The central clearing cycle applies to cheques paid into most clearing bank accounts (where clearance normally take three business days). As we are not a clearing bank, cheques paid into your Account normally take eight business days to clear. There may be a charge of £2 for cheque payments.

10.3 Where you make a payment into your Account (”on-account payment”) between the statement date and the date your Direct Debit payment for that statement is collected, and the total of the on-account payment and the minimum payment given in that statement exceeds that Statement Total, we will collect as the minimum payment for that statement the difference between the Statement Total and the on-account payment.

10.4 Where you make a payment into your Account by debit card it will be applied to your Account within four business days.

10.5 If you have more than one loan or card product from Egg and fail to keep up payments on those products, we will, unless you tell us otherwise, allocate any sums we recover from you to the product with the highest interest rate. If two or more products are being charged the same interest rate, we will choose how to allocate the payments between those products.

11. Cash Back, Special Promotions and introductory offers

11.1 For customers who applied before 1 October 2001, we will pay a Cash Back on all Purchases. Cash Back values may vary according to the type of Purchase and how it is made. We will set Cash Back values once a year and we will tell you what they are when we set them and when we open the Account. We will not change Cash Back values during the year but we can add to the type of Purchase on which Cash Back is payable.

11.2 Cash Back you earn each month will be shown in your statement. In September each year, the total value of the Cash Back for the preceding year (and when you close your Account the amount of Cash Back owed to you) will be paid into the account from which we take your Direct Debit payments (”Direct Debit account”). If:

• the Cash Back payment to your Direct Debit account fails; or
• if you have not kept up to date with your payments; or
• you were over the Credit Limit on the date of your previous statement,

then in these cases, we will pay the total value into your Account. In all circumstances we will not pay Cash Back if the total amount of Cash Back is less than £10. If, in any year, the Cash Back you earned is less than £10, it will not be carried forward to the following year.

11.3 If:

• you do not keep up-to-date with your payments;
• either of us has given notice to end this Agreement; or
• you go over the Credit Limit in any month,
• you may not earn any Cash Back for that month; and if
• you do not pay the minimum payment in any month; or
• you are given a refund for a Purchase on which we paid a Cash Back,

we can deduct the Cash Back we gave you that month or on the refunded Purchase.

11.4 Special Promotions

If you fail to pay the minimum payment as required in Condition 2 or go over the Credit Limit during the period of any Special Promotion we may charge interest on Transactions subject to that Special Promotion at the applicable standard annual variable rate instead of the rate applicable for that Special Promotion, starting on the next statement date after any failure to pay in accordance with Condition 2, or on the date of the statement showing you to be over your Credit Limit as applicable. Once withdrawn, promotional rates will not be reinstated.

• make sure that all Cards are signed immediately when received;
• take reasonable steps to keep the Card safe and the PIN secret and secure at all times, even when entering it on a key pad to authorise a transaction (If you do keep a written record of your PIN you must make an attempt to disguise it);
• tell us as soon as you can if the Card is lost or stolen or you think that it or the Card number may be misused (”lost etc”), or that someone may know the PIN or your statement includes an item which you think is wrong;
• give us all the information you have about the loss etc. of a Card, Card number or the PIN, and any other information we ask for to help us. We may give the police any information we think will be useful;
• make sure that if you change your PIN, choose your new PIN carefully;
• take care when storing or getting rid of information about your Account; and
• treat emails you receive with caution and be wary of emails or calls asking you to reveal any personal security details. Neither the police nor we will ever contact you to ask you to reveal your online banking security information (this means you won’t be asked for your complete password although you maybe asked for random letters in your password) or your Card PIN.

12.2 You must never:

• give or allow anyone else to use the Card or Card number, except for a Transaction;
• tell anyone apart from an Additional Cardholder your PIN (including us);
• write your PIN on the Card or on anything you usually keep with it. (If you do keep a written record of your PIN you must make an attempt to disguise it);
• give the Card number to a third party, except for a Transaction, or to report the loss etc. of the Card or if we ask you to do so;
• use Cards (or the Card number) which you have reported as lost etc. You must cut the Cards in more than two pieces and throw them away;
• disclose your PIN for mail order payments or at a point of sale (except to enter it on a keypad for transactions with retailers); and
• interfere with, damage or deface any chip in the Card except when required under this Agreement to cut the Card into two or more pieces.

12.3 You must tell us as soon as you can about the loss, theft etc of a Card by telephoning us on 08451 233 233 from UK, +44 1332 395 919 from abroad. We may ask you to confirm by letter within seven days any relevant information.

12.4 You will not be responsible for any Transaction not authorised by you if it was made either after you told us under Condition 12.3 that your Card is lost or stolen or may be misused or by someone else using the Card number when the Card is not present (e.g. by post, telephone, Internet).

12.5 If you let someone have your Card, or we can show that you have acted fraudulently, you will be liable for all the Transactions which take place before you tell us that the Card is lost, stolen or may be misused. Unless we can show that you have acted fraudulently or without reasonable care, if your Card is used before you have received it, you will not have to pay anything.

12.6 If you want a third party to collect information about your Egg accounts from us so that it can be aggregated with information about other accounts you have, you may be asked to give your security details and passwords which have been set up to enable you to access the Secure Area (”Passcodes”) to that third party. Before doing so you must check that that third party is approved by us. We will not treat the disclosure of your Passcodes to such a third party whom we have approved as a breach by you of the provisions of this Condition 12.

13. Additional Cardholders

You will be responsible and have to pay for all use of the Account by an Additional Cardholder (including any use which makes you break this Agreement) and for ensuring that the Additional Cardholder follows Condition 12 and any other instructions we give you about Card security and giving information to us. To cancel an Additional Cardholder’s Card you must comply with Condition 20.5 and 20.6. An Additional Cardholder has no right to enforce any of the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

14. Statements and other important documents

14.1 We will put your statements (which may incorporate notices that we have to give you by law, for example, arrears notices or default sum notices) on the Secure Area once a month and send you an email to tell you it is there. This will show the payments you have made, any Card refunds and all amounts we have put onto the Account since the last statement. If we cannot produce a statement we will use your normal monthly statement date to work out interest and the Payment Date. Statements will remain available on the Secure Area for 12 months. You should check your statement regularly. If there is an entry which seems to be wrong (for example if there is a dispute or transaction(s) you do not recognise), you should tell us as soon as possible within 60 days of the date of the statement. If we need to investigate a Transaction, you should co-operate with us and the police, if we need to involve them.

14.2 We may also, where permitted, give you any documents or notices that we are required to give you by law, for example, arrears notices or default sum notices (but not default notices which we will send by post) in the same way as statements, or otherwise by post or email.

15. Limits of Liability

We will not be liable:

• if we are prevented from doing anything we have said we will do under this Agreement because of anything that we cannot reasonably control, including any machine failing to work and industrial disputes;
• if we do not authorise a Transaction or a Card cannot be used for a Transaction for any reason;
• for any loss or damage you or any Additional Cardholder suffer as a result of the way you are told that a Transaction is not authorised.

16. Refunds and Claims and Stopping Payments

Once you have made a Transaction you cannot ask us to stop that Transaction. However, you can stop a continuous payment authority if you tell the recipient of the payment in time. Also, if we receive details of a Card refund from a retailer we will credit the Account or if we confirm a Transaction is unauthorised we will refund the disputed amount and any interest charged (unless you have acted fraudulently or without reasonable care), but we will not give refunds otherwise. You cannot use a claim against a retailer to make a claim against us, or refuse to pay us, unless you have a legal right to do so. You cannot transfer any rights against us to anyone else.

17. Changes

17.1 We can vary any interest rate (other than fixed rates)

1. by giving you at least 7 days’ advance notice if the variation is:
   • to take account of factors that are personal to you such as the way in which you conduct your account, or increased or decreased credit risk;
   • in response to a change in interest rates made by the Bank of England or any change in our funding or other costs;
   • to reflect a change in the law or the requirements of any regulatory or trade body which applies to us;or
2. by giving you at least 30 days’ advance notice if the variation is for any other reason.

17.2 We can make other changes to this Agreement from time to time, including introducing new terms and charges. If we do this, we will give you at least 30 days’ advance notice if the change is disadvantageous to you, otherwise we will give you at least 7 days’ advance notice.

17.3 All changes will be notified to you personally (for example, by statement notice, email, Secure Message or letter).

17.4 If you are unhappy with any change we make, you may end this Agreement in accordance with Condition 20.2.

17.5 If we have made a major change, or a lot of minor changes in any one year, we will give you a copy of the new terms and conditions, or a summary of the changes.

17.6 We may withdraw or vary any benefits we give you with the Card at any time. We will give you at least 30 days’ advance notice unless we have a good reason for not doing so.

17.7 If you change your name, address, telephone number, email address or the bank account from which we collect your monthly payment, you must give us the new details. You must also tell us if an Additional Cardholder changes their name.

17.8 From time to time, we may, for commercial reasons, change the insurers who underwrite all or any of our Card related insurance products. In this event, if you hold any of these products, we will contact you with at least 30 days’ advance notice by post, email or Secure Message to give you details of the proposed new insurer and policy, including any changes to your existing cover or its price. In these circumstances, you authorise us to transfer you to the new policy upon expiry of the notice period, however, you can withdraw this authority by calling us on 08451 233 233, writing to us at Egg, Pride Park, Derby DE99 3GG or by sending us a Secure Message. This may mean that we are unable to offer you alternative cover and we will tell you if this is the case.

• refuse to authorise a Transaction;
• cancel or suspend the right to use the Account; or
• refuse to replace a Card.

But we will only do this with good reason, for example, if you are in breach of this Agreement, to prevent such a breach, for fraud prevention purposes or for legal or regulatory reasons.

19. Early Payment

19.1 We will ask you to make an immediate payment of:

• any overdue amounts;
• any amount over your Credit Limit; and
• the amount of any Transaction which breaks this Agreement.

19.2 As long as we have sent you the correct notice as required under the Consumer Credit Act 1974, we can ask you to pay the full amount which you owe us under this Agreement if you:

• seriously or repeatedly fail to comply with your obligations under this Agreement;
• die; or
• become bankrupt, are sequestrated, or if a proposal is made for a voluntary or other arrangement with all or any of your creditors.

19.3 If you find yourself in financial difficulties, you should let us know as soon as possible. The sooner we discuss your problems, the easier it will be for both of us to find a solution. We can also tell you where you can get free money advice.

19.4. We may use any credit balance on this Account to reduce or repay any amounts you owe us on any other account you have with us, either in your name or jointly with anyone else, and if we do this we will tell you as soon as possible.

20. Ending this Agreement

20.1 If you are not happy about your choice of Account, let us know within 14 days of sending your completed Agreement back to us and we will cancel your Agreement. If you want to cancel your Agreement then you should call us on 08451 233 233. You can also write to Egg Account Servicing, Point North, Waterfront West, Dudley, DY5 1LU, or you can send us a secure email from our website. You should quote your Card number in all correspondence. If you cancel your Agreement, you must repay what we have lent you, and pay all interest and charges applying before cancellation, taking into account any amounts you have already paid to us, within 30 days of cancellation and must cut in more than two pieces and throw away all the Cards we gave to you or an Additional Cardholder. If you do not cancel your Agreement, your Account will remain open until your Agreement is ended in accordance with this Condition 20. You may have extended cancellation rights in certain circumstances. If you do cancel your Agreement, and you exercise those rights, you will still have to pay everything you owe us for the period up to cancellation, including interest and charges.

20.2 We can end this Agreement at any time. We will normally give you 30 days’ advance notice by post or email. However, if there are exceptional circumstances, or in any of the circumstances referred to in Condition 19.2, we may end this Agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first. You can end it at any time by telling us to do so by post or email. In both cases, this Agreement will continue until you have repaid all amounts you owe us.

20.3 We can end this Agreement early by giving you notice in writing if you seriously or repeatedly fail to meet your obligations under any other agreement you have with us and as a result:

• we give you notice ending that agreement; and
• we reasonably believe that you will fail to meet your obligations under this Agreement in a serious way.

This Agreement will continue until you have repaid all amounts you owe us.

20.4 Any benefit or services we provide will end when you give us notice or when our notice is effective unless the terms of the particular benefit or service state otherwise.

20.5 After this Agreement has ended you should ensure that no Transactions are made and that any continuous payment authorities or standing instructions are cancelled by telling the recipient of the payment to cancel them.

20.6 If you want to terminate your Additional Cardholder’s Card, please contact us.

20.7 If this Agreement (or an Additional Cardholder’s Card) is terminated or cancelled for any reason under this Condition 20, you must cut in more than two pieces and throw away all the Cards we gave to you or any Additional Cardholder.

21. Use and disclosure of Personal Information

21.1 So that we can provide products and services designed specially for you, we will collect and review all the information which:

• you give to us, to other Group companies and to Linked Suppliers; or
• which we, other Group companies and Linked Suppliers obtain about you personally in connection with this Agreement and any accounts or products and services you take from us.

This is to help us develop and maintain an up-to-date picture of you as an individual, which we and other Group companies can use to keep you informed about other products, services and special offers (including those supplied by third parties) which we or they think might interest you. We may tell you about these using a range of methods, including post, fax and electronic communications, such as the telephone, SMS, email. Please tell us if you prefer not to receive information about other products or services or you do not want other Group companies to be given your Personal Information. The information we collect (using a range of methods including cookies and similar tracking devices) will include information about how you manage and use your accounts, including the type of purchases you make from your accounts (whether by a card, Direct Debit or in any other way) and payments which are made into your accounts. This information will include the name of the payer (for example, your employer) and the supplier (for example, a shop) and the general nature of the goods and services paid for. We obtain this information automatically as part of operating your accounts. If you do not want us to have it, you should consider an alternative to using your Account. If you operate your Account by Internet, we also use cookies (small pieces of information which we send to your computer) and web logs (information about how you use our website) to improve the security of our service and obtain information. For more details about cookies and web logs, see the security and privacy pages.

21.2 As we develop and improve our products and services and introduce new ways of communicating with you, we will change this Agreement in accordance with Condition 17.

21.3 We will hold and process your Personal Information and disclose it to other Group companies for them to use:

• in the management and operation of your accounts with us or them;
• for crime and fraud prevention, and debt recovery;
• for assessment and statistical analysis for our or their business;
• for the purposes set out in Condition 21.1 (Group companies will only do this if you have agreed that they can);
• and for considering any application you may make to us or them and for this purpose we may share your Personal Information with non-Egg divisions of Egg Banking plc.