• Viola Corporate Online Business Account Terms and Conditions
  • Prepaid Cardholder Conditions

 

Online Business Account Terms and Conditions

These terms and conditions apply to your Viola Corporate Online Business Account (“Corporate Account”)

 

1. Definitions

 

“Account Details” any details related to your Corporate Account, such as, but not limited to, Sort Code and Account Number.

“Account Limits” Maximum  limits  that  you  can  have  in  relation  to  the Corporate Account, such as the Maximum Account Balance, and limits on transactions.

“Account Information Services”  an online service which provides consolidated information on accounts held by you with one or more payment service providers such as banks.

“Account Information Services Provider” a third-party payment service provider which is authorised by its Regulator to provide Account Information Services with your explicit consent and under a separate agreement which you have signed with them.

“Account Maximum Balance”  the maximum balance you can have on your Corporate Account.

“Account Owner” the entity legally responsible for a Viola Account.

“Agreement” this agreement as varied from time to time.

“ATM” automated Teller Machine.

“Authorised Third-Party Provider” Includes Account Information Service Provider and/or Payment Initiation Service Provider.

“Authorised Viola Customer” or “Viola Customer” the legal entity or entities who access and use Viola’s products and services.

“Available Balance” the value of funds available on your Corporate Account.

“Applicable Law” means any laws, regulations, regulatory constraints, obligations or rules in the United Kingdom, or any other relevant jurisdiction, which are applicable to this Agreement (including binding codes of conduct and binding statements of principle incorporated and contained in such rules from time to time), interpreted (where relevant) in accordance with any guidance, code of conduct or similar document published by any Regulatory Authority.

“BACS” means UK Bankers’ automated Clearing Services.

“Business Day” means a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Business Hours” means the time between 9:00 to 17:00 UTC on a Business Day.

“Corporate Account” means the electronic account established by Viola.

“CHAPS” means the Clearing House Automated Payment System.

“Circumstances Beyond Our Control” means abnormal and unforeseen circumstances beyond our control and include but are not limited to:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks; and
  6. the acts, decrees, legislation, regulations or restrictions of any government.

“Clear Bank” are the Account provider who hold your deposited monies in a segregated account.

“Customer Services” is the team responsible for supporting queries relating to your     Viola Account. Contact details for Customer Services can be found at Paragraph 17.

“e-money” the electronic money associated with your Corporate Account.

“Faster Payment”  A service allowing you to make and receive electronic payments in the UK which is received by the recipient bank within 2 hours provided that the receiving organisation or bank is part of Faster Payments Scheme.

“Fee Table” means the table of fees and charges by us from time to time that is available on the Viola fee Table Website.

“Inactive” means no activity/transactions on the account or if the account is dormant;

“Payment Initiation Services”  an online service which accesses your Corporate Account to initiate the transfer of funds on your behalf.

“Payment Initiation Service Provider”  a third-party payment service provider which is authorised by its Regulator to provide Payment Initiation Services with your explicit consent and under a separate agreement which you have signed with them.

“Payment Services” means:

  1. the transfer of electronic monetary value from your Corporate Account to recipients that accept electronic monetary value;
  2. the transfer of electronic monetary value from your Corporate Account to your Card Account.

“Regulator”  means the Financial  Conduct  Authority  in  the  UK  or  another  European financial services regulator.

“Sort Code” a six-digit number which can be found on the front of the Corporate Account.

“Account Standing Order” payment Instruction allowing regular or recurring payments to be made to a particular person or organisation.

“Customer Portal” the Viola portal is the forum which grants you access to your Corporate Account.

“You” or “Your” the Corporate Account Owner.

 

2. Interpretation

 

2.1. These Terms and Conditions are between you (the “Customer”, “you” or “your”) and Viola Wallet (Europe) Limited (“Viola”, “we”, “us” or “our”). Viola is a company incorporated in England and Wales with company number 09703795 and with the Registered Office address, 3 Waterton Park, Bridgend, Wales, CF31 3PH.

2.2. Viola is the issuer of Electronic Money in your Viola Corporate Account and performs payment services. Viola is authorised by the Financial Conduct Authority as an Electronic Money Institution under the Electronic Money Regulations 2011 for the issuing of electronic money. We are included in the FCA’s Register of Electronic Money Institution firms (Firm Reference Number 900893) which can be found on the FCA website.

2.3. Viola designs and operates the Viola website and app. The Corporate Account is provided by Clear Bank Limited who are Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 754568).

2.4. Although Our activities are regulated by the Financial Conduct Authority, your Corporate Account is not covered by the Financial Services Compensation Scheme. However, the funds in your Account are safeguarded by us in accordance with the Electronic Money Regulations 2011, which means your funds are segregated against any loss that can be reasonably anticipated. Clear Bank Limited provide this safeguard account and hold an amount equivalent to the money in your Corporate Account. The objective of this segregated account is to protect customer funds against Viola’s insolvency.

2.5. The Viola Corporate card is issued by AF Payments Limited pursuant to a license by Mastercard International. This card is for payments from the Viola Corporate “Card”  and the Viola Corporate ‘Card Account’.  Your legal agreement with AF Payments Limited is found in the supplementary conditions under the heading “Cardholder Corporate Account Conditions”.

2.6. A reference to any statute, statutory provision or regulation will be construed as a reference to the same as it may be amended, modified or re-enacted from time to time.

2.7. Headings are included for convenience only and do not affect the interpretation of these Terms.

2.8. The singular includes the plural and vice versa.

 

3. Viola Corporate Online Business Account Limits

 

3.1. Subject to any further risk assessment requirements, on opening a new account, Viola Corporate online business account is available for businesses with a turnover of up to £2 million per annum. Some exceptions may apply and these will be assessed on a case by case business.

3.2. We can also change limits at our discretion at any time to comply with our regulatory obligations and to reduce the risk of financial crime. In the event that we lower the online business account limits, if we are able to, we will notify you of the revised limits applicable to your Viola Corporate Online Business Account.

 

4. Scope of Agreement

 

4.1 Your Corporate Account is an e-money account and the electronic money associated with it is provided by us and will be in pounds sterling. Your rights and obligations relating to the use of this Account are subject to these Terms and Conditions between you and us.

4.2 The Corporate Account remains our property but, subject to clause 11.2, the Available Balance shall remain the property of the Corporate Account Owner.

4.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Corporate Account.

4.4 You agree that we may communicate with you by e-mail or SMS for issuing any notices or information about your Corporate Account. Therefore, it is important that you ensure you keep your e-mail address and mobile phone number updated. You can do this by contacting  our Customer Services and regularly check for any notifications.

4.5 If you wish to make use of the services provided by an Authorised Third-Party Provider on the Account, they may do so provided that the Account Owner has signed up for Viola Corporate Customer Portal and notified us in writing and the Account is active. Before using an Authorised Third-Party Provider, you should ensure that the Authorised Third-Party Provider is authorised by a Regulator to provide their services. In the UK, the Financial Conduct Authority’s register that is a public record that shows details of firms, individuals and other bodies that are, or have been, regulated by the Prudential Regulation Authority (PRA) and/or the Financial Conduct Authority (FCA). You must provide explicit consent to share the Viola Corporate Portal credentials with the Authorised Third-Party Provider each time an access to the Corporate Account is required for them to provide their services. You should always consider the implications of sharing the Viola Corporate Portal credentials and any personal information.

4.6 If an Authorised Third-Party Provider requests access to the Corporate Account to provide their services using the Viola Corporate Portal credentials, we will assume that you have given consent to do so. Please note we are obliged to provide access to the Corporate Account if it is requested by an Authorised Third-Party Provider and can only refuse access in certain circumstances.

4.7 If we deny a payment initiation service provider or an account information service provider access to your Corporate Account, we will notify you of our decision and of the reasons for our decision via email, unless that notification is unlawful or could compromise the security of your Corporate Account.

4.8 If you do not wish to use services provided by an Authorised Third-Party Provider on the Account, you can simply refuse to provide consent or refuse to share the Viola Corporate Portal credentials with an Authorised Third-Party Provider.

4.9 No other compensation schemes exist to cover losses claimed in connection with your Corporate Account.

 

5. Opening Your Corporate Account

 

5.1. To apply for a Viola Corporate Account, you must be at least 18 years old.

5.2. You must either be a UK Limited Company registered within Companies House, with a registered company number, registered address and business trading address if different to the registered address. Or a sole trader.

5.3. The registered Company must not be a Holding company.

5.4. The Company must not be subject to any actions such as under administration, provisional liquidation, in insolvency proceedings or be in the process of being wound up (closed) or removed from the Companies House register.

5.5. The applicant must be authorised by the business and/or be a “Person of Significant Control” to open the account and must not be subject to any sanctions including any of the Company Director(s), officers, representatives or shareholders and the Company Director(s) should not been subject to disqualification.

5.6. We will register your Corporate Account for you on the basis of the Information that you have provided to us. You must provide accurate information and tell us of any changes to your Information as soon as possible so that our records remain correct. You must provide current, complete and accurate information as requested by us and maintain this information as current and accurate. In case of any changes to your Information you must tell us as soon as possible so that our records remain correct by contacting: support@violacorporate.com.

5.7. If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Corporate Account until we can establish the correct information, in order to protect us both.

5.8. To use the Corporate Account, you will need to download the Viola Corporate App via your mobile phone. The app is available to download from the Apple store or on Google Play.

5.9. You can also use the Viola Corporate Account through signing up via our webpage which can be found here: https://www.violacorporate.com/

5.10. A Viola Corporate Account is for business use only, not for personal use and the applicant attests that they are not using the account for personal, family or household purposes. If you use your Corporate Account for personal purposes we may close your Corporate Account immediately.

5.11. The Corporate Account is not available to businesses that operate in the following high risk industries: casinos and other betting or gambling activities, sales of unlicensed pharmaceuticals, trading of weapons, explosives or armaments, bidding fee auctions, unregistered charities and charities that are not incorporated.

5.12. You alone are responsible for understanding and complying with any and all laws, rules and regulations of the specific jurisdiction that may be applicable to you in connection with your use of the Viola Services, including but not limited to, those related to taxes or foreign currency transactions. All tax obligations therefore fall under your responsibility and that of any authorised person within your company. Viola assumes no responsibility with regards to the execution of tax obligations, or calculation and transfer of taxes relevant and applicable to you and your company in any of the countries in which you operate.

 

6.     Using The Corporate Account

6.1.   Your Corporate Account can receive the full range of Transactional Banking Services. We Are Able to Provide You With:

  1. The CHAPS Transactional Banking Services (feature to be implemented soon)
  2. The Faster Payments Transactional Banking Services
  3. The BACS Direct Debit Service Transactional Banking Services
  4. The BACS Direct Debit Refund Service Transactional Banking Services

The following table indicates the Transactional Banking Services that your Account can receive:

 

Agency Service Selected
APS                                           P Faster Payments                  P
CS Direct Debit Service            P BACS Direct D                     P

 

6.2. The Account can also be used for setting up Direct Debits and Standing Orders.

6.3. Your Account can also receive internal transfers from other Viola Accounts owned or controlled by you, which apply instantly.

6.4. All monies transferred from the Corporate Account to the Viola Card Account cannot be transferred back to the Corporate Account.

6.5. A payment coming into the Corporate Account may not be credited if:

6.5.1. The Account has reached the Corporate Account Maximum Balance and has exceeded the Account Limits; or

6.5.2. The funds exceed maximum cash deposit amounts that is permitted; or

6.5.3. The Account is inactive or blocked; or

6.5.4. The sender has provided incorrect/invalid Account Details for your Account; or

6.5.5 We suspect fraudulent activity on the Corporate Account ;or

6.5.6 To do so is prohibited by any law

6.5.7 If we are unable to credit your Corporate Account, then the funds may be sent back to the sender without a prior notification to you.

 

7. Outgoing Payments

7.1. Your Account can make Faster Payments out to external bank accounts. All Faster Payments will be sent within 2 hours or as otherwise indicated in the service level agreement.

7.2. The time of receipt of a transaction order is when we receive it. A Viola customer cannot stop a transaction after it has been transmitted to us and you or the Viola customer have given consent, or when you have given your consent to a pre-authorised payment.

 

8.     Authorisation of Payments and Stopping Payments

8.1.   It is your responsibility to ensure correct Payment details are provided when making any payment or setting up a payee on your behalf. You are responsible if you give us incorrect instructions or mistakenly instruct us to make the same payment more than once, but we will try to help you get this money back. We may not always be able to do this, but we will try to do so.

8.2.   We will charge you a fee for tracing, recalling or cancelling a payment. We will tell you how much it is before we start the recovery process. If we cannot get the money back, you can request the relevant information we have about the transaction to help you reclaim the money. We will provide this information on receiving a written request from you, unless the law prevents us doing so.

8.3.   A Viola Customer can authorise us to make a payment from your Account by giving us instructions via a third-party, such as through a Payment Initiation Service Provider or a direct debit scheme. We will treat a payment as authorised by you if:

8.3.1.  the transaction was authorised from the Viola Account using the necessary security details
8.3.2. Viola have made a transaction on your Account based on your instructions; or
8.3.3. a Payment Initiation Service Provider has instructed a payment from your Account which you provided consent for.

8.4.   We may refuse to execute or process a payment (without prior notice to you) if:

8.4.1. The Account does not have sufficient Available Balance to cover the payment; or
8.4.2. The Account is suspended or closed; or
8.4.3. The Account has reached its Account Limits; or
8.4.4. We need to do so to comply with the rules of the payment system; or
8.4.5. We suspect fraudulent activity on the Account, or the payment is unlawful or fraudulent; or
8.4.6. We are concerned about fraud or unauthorised access to the Account by a Payment Initiation Service Provider; or
8.4.7. If we are required to comply with any law.
8.4.8. We refuse to process a payment under paragraph 9.4

8.5.   We will not be liable for any loss this may result in, nor will we be obliged to inform the intended recipient.

8.6.   A Viola Customer can check the Account to ensure there was enough Available Balance and/or that correct recipient details were provided, or can ask us why we have not executed a payment by contacting Customer Services. Unless the law prevents us, we will explain why and we will also tell you what can be done to correct any errors in the payment instruction.

8.7.   Because Viola are concerned under paragraph 9.4.6. we will contact you using the contact details provided by you or by leaving a message on the Viola Corporate Portal as soon as possible or in advance if possible to explain why we have refused to process the payment, unless we are prohibited by the law or we have security reasons not to do so.

8.8.   You may not be able to stop any payments once it has been authorised by us on your behalf, you or a Payment Initiation Service Provider.

8.9.   The Available Balance on your Corporate Account will not earn any interest.

8.10.   If, for any reason, a payment is processed for an amount greater than the Available Balance on your Corporate Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving  an  invoice  from  us.  Should  you  not repay this amount immediately  after receiving an invoice from us we reserve the right to take all steps necessary, including legal  action and/or closing your Account, to recover  any  monies outstanding.

8.11.   We may in the future offer you the opportunity to use physical or virtual cards in connection with your Account. If we offer such cards to you, we will notify you of any additional terms and charges in accordance with the provisions of this Agreement. Such cards would follow the Mastercard Scheme and it is your right to refuse these cards.

 

9. Checking Account Balance

 

9.1. A Viola Customer can check the Available Balance and transaction history on the Corporate Account via the Viola corporate Platform.

10. Closing Your Account and Redeeming Your Money

 

10.1. You may close you Corporate Account by giving us written notice by email. All written notices should be addressed to our Customer Services, details are found at Paragraph 22.

10.2. All Direct Debit transactions that were set up on the Corporate Account will be rejected once your Corporate Account is closed.

10.3. If we find any additional withdrawals, fees or charges have been incurred on your Corporate Account following the processing of the redemption request, we’ll send an itemised invoice to you and we will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

10.4. Any Available Balance remaining on the Corporate Account after Account closure will be transferred to your nominated bank account via Faster Payments. If for any reason this is not possible, such Available Balance will remain yours for a period of six years from the date of Account closure. Within this period, you may at any time request a refund by contacting Customer Services. You will not have any access to your Account and we will not return any funds remaining on the Account after six years from the date of Account closure and this Agreement will terminate.

 

11.  Your Liability and Authorisations

11.1.   You are responsible for understanding and complying with the Agreement including these Terms and Conditions.

11.2.   We may restrict or refuse to authorise any use of your Account if using your Corporate Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that you or a third-party has committed or is about to commit a crime or other abuse in connection with your Corporate Account.

11.3.   You must not:

11.3.1.   Allow a third-party other than us or an Authorised Account Information Service Provider to use or access your Account, or
11.3.2.   Disclose your security information or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others, it is your responsibility to keep your security information protected and or secret.
11.3.3.   Disclose or make available your Viola Corporate Portal credentials to a third-party unless the third-party is an Authorised Account Information Service Provider and you want to use Account Information Services provided by them.

11.4.   You will be liable for all transactions that take place as a result of you acting fraudulently or failing to comply with this Terms and Conditions with intent or gross negligence. Any such transactions and any fees and charges relating to such transactions will be deducted from the Available Balance on your Account.

11.5.   You will be liable for all transactions that we make on your behalf following instructions from transactions, which a Payment Initiation Service Provider authorises.

11.6.   You will be liable for all unauthorised transactions that arise from the use of lost or stolen Account security information such as but not limited to the Viola Corporate Portal log in details, if you fail to keep the security features of the Account safe.

11.7.   You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement by you.

 

12.  Fees

12.1. The fees which apply to your Viola Account can be found on the fee page and form part of this agreement.

13.  Your Details

13.1.   It is your responsibility to keep us updated of changes to your Information, including your name, e-mail address and telephone numbers. Failure to do so may result in us being unable to contact you regarding your Account or to let you know about changes to this Agreement

13.2.   If We contact you in relation to Your Account, for example, to notify you that We will be changing the Terms and Conditions or have closed your Account and wish to send you a refund, We will use the most recent contact details You have provided to Us. Any email to You will be treated as being received as soon as it is sent by Us.

13.3.   We will not be liable to you if your contact details have changed and you have not told us.

14. Incorrect Transactions

 

14.1. If you have a reason to believe that a transaction on your Corporate Account was unauthorised by you or a Payment Initiation Service Provider or was made incorrectly, you must inform us immediately by contacting Customer Services.

14.2. If an unauthorised transaction is reported to our Customer Service, we will by the end of next Working Day refund the amount including any fees and restore your Account to the position it would have been in if the unauthorised transaction had not taken place.

14.3. We are not obliged to refund the unauthorised sums to you if we have reason to believe you have acted fraudulently and we may notify the police or any other authority permitted by law. If we do not provide a refund by the end of the next Working day but subsequently confirm that the transaction was unauthorised, we will refund the sums to you.

14.4. We will have no further liability to you once we have refunded the unauthorised sums to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any fees, to your Account.

14.5. You will be liable for all unauthorised transactions made from your Corporate Account if you have deliberately or with gross negligence failed to keep your Account security information safe in accordance with this Agreement or where you have failed to notify us without undue delay on becoming aware that your Account security information has been lost or stolen.

14.6. You will not be liable for unauthorised transactions from your Corporate Account after you have told us that your Account security information has been lost or stolen.

14.7. If you tell us that a transaction has been made incorrectly, after we are informed, we will refund your Account with sufficient funds including any charges to restore your Account to the same position as if the incorrect transaction had not been made. However, this will not apply if:

  1. You fail to tell us of the incorrect payment without undue delay and in any case within 13 months of the date on which the transaction occurred.
  2. Any payment instructions you gave us were incorrect. If so, we will make reasonable efforts to recover your money if the payment has gone missing. We will notify you how much it is and we will start the recovery process. If we are unable to recover the funds, you can request the relevant information we have regarding the transaction to help you reclaim the payment amount. For legal reasons, we are obliged to provide this information on receipt of a written request, except where the law prevents us from doing so.
  3.  We can show that the payment was actually received by the intended recipient at the other bank.
  4. If funds have been paid in to your Corporate Account by mistake, we can take the funds back out of your Account and/or put a hold on the money so it cannot be spent.

14.7.1 We do not have to tell you before we take the money back or put a hold on the money.

14.7.2 If funds go into your Corporate Account by mistake, we are required to provide sufficient details about you and the incorrect payment to the bank or institution that sent the payment to enable them to recover the funds.

 

15.  Variation

15.1.   We may change these Terms and Conditions, including fees and limits by providing you with at least two months’ prior notice by e-mail (provided you have supplied us with an up-to-date e-mail address). We will also ensure the most recent version is always available on the Viola Corporate website under the Terms heading (see footer).

15.2.   If you do not agree with the changes to the Terms and Conditions, you may at any time within the two months’ notice period terminate your Agreement and close your Account. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you.

15.3.   There are some situations where we can make changes to this Agreement and we do not have to tell you in advance. These are changes you probably expect because of the nature of the product or service, or that you won’t mind about because they are favourable to you. We do not have to tell you personally in advance when any of the following happen:

15.3.1.   If the change is in your favour, if we reduce your charges, if we make this Agreement fairer to you, or if we introduce a new service or feature from which you can benefit.
15.3.2.  We make a change because a change in law or regulation says that we have to by a particular date, and there isn’t time to give you notice.
15.3.3.  If any part of these Terms and Conditions are inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

16.  Termination or Suspension

16.1.   We can terminate this Agreement at any time:

16.2.    If we give you four months’ notice and refund any Available Balance to you, or

16.3.    With immediate effect if you have breached these Terms and Conditions, or if we have reason to believe that you or a third-party has committed or is about to commit a crime or other abuse (including fraud) in connection with your Account.

16.4.      We can suspend, block or terminate your Account at any time with immediate effect without any prior notice to you if:

i.  We discover any of the Information you provided when setting up your Viola Account was incorrect; or

ii.  You have reached your Account Limit.

iii.  We believe that this is necessary for security reasons.

iv.  Any legal obligations require us to do so.

v.  You have breached these Terms and Conditions.

vi.  We suspect or to prevent suspected unauthorised or fraudulent use of your Account.

16.5.   In the event that we do suspend, block or terminate your Corporate Account then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent the we are permitted by law).

16.6.   In the event that any additional fees are found to have been incurred on your Corporate Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal on the Corporate Account or charges  validly applied whether  before or after termination.  We  will  send  an  invoice  to  you  and  will  require  you  to  refund  us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all  steps  necessary,  including  legal  action,  to recover any monies outstanding.

17.  Liability

17.1.   Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

17.1.1.  We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds.
17.1.2.  We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses.
17.1.3.  We shall not be liable for any incorrect amounts transferred into your  Corporate Account or deducted from your Corporate Account due to incorrect instructions provided to us or by any actions taken by you.
17.1.4.  Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance.
17.1.5.   In all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.

17.2.   Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

17.3.   To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

17.4.   The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as AF Payment Limited, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

17.5.   In the event of suspected or actual fraud or security threat to your Corporate Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity for security purposes.

 

18.  Circumstances beyond our control

18.1.   We are not responsible for any breach of these Terms by us, or for any loss you incur in connection with such breach, due to any Circumstances Beyond Our Control.

18.2.   Our performance of the Payment Services is deemed to be suspended for the period that the Circumstances Beyond Our Control continue, and we will have an extension of time for performance for the duration of that period.

18.3.   If any Circumstances Beyond Our Control occur, we may take any action we consider appropriate in connection with the Account and use reasonable endeavours to end the Circumstances Beyond Our Control.

19. Your Information – Personal Data

 

19.1. Some personal data will be necessary for us to provide you with the Corporate Account and services under this Agreement, we are the Data Controller and only use your personal data for this purpose.

19.2. The processing of Your personal data is governed by Our privacy policy which can be found at https://www.violacorporate.com/privacy-policy/.

19.3. By accepting these Terms and Conditions, You also agree to the terms of our privacy policy.

19.4. The Privacy Policy includes full details on the personal data that we hold, how we will use it and how we will keep it safe

19.5. if you allow or give consent to an Authorised Third-Party Provider to access your Account to provide their services to you, you should know that we have no control over how an Authorised Third-Party Provider will use your information nor will we be liable for any loss of information after an Authorised Third -Party Provider have access to your information.

 

20.  Complaints

20.1.   If you are not satisfied with the service you are receiving you should provide written details of your concerns to Customer Services, details are found under paragraph 22. All queries will be handled in accordance with our complaints procedure. Customer Services will provide a copy of the complaint procedure upon request.

20.2.   If we fail to resolve your complaint to your satisfaction you may be able to refer your  complaint to  the  Financial  Ombudsman  Service  (Exchange  Tower,  London  E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk

21.  General

21.1.    Any delay or failure to exercise any right or remedy under these Terms and Conditions by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

21.2.   If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

21.3.   You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. You will remain liable until your Account issued to you is terminated. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.

21.4.   No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions.

21.5.   These Terms and Conditions contain the information set out in Schedule 4 of the Payment Service Regulations 2017 and you can obtain a copy of this Agreement at any time by contacting Customer Services.

21.6.   These Terms and Conditions are governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.

 

22.  Customer Services

22.1.   The Customer Service department is open from 9:30 a.m. to 5:30 p.m. (UK time), Monday to Friday (inclusive) (excluding public holidays in the United Kingdom). A Lost and Stolen reporting service is available 24 hours a day, 7 days a week via the Website/App. We may record any conversation You have with Customer Services for training and/or monitoring purposes.

Contact us by email:                             support@violacorporate.com

Contact us by Post:                               3 Waterton Park, Bridgend, CF31 3PH

Telephone:                                           +44 (0) 1656 657932

(Monday to Friday 09:00 – 17:00)

 

23. Governing Law

 

23.1. These Terms and Conditions are governed by the laws of England and Wales.

 

24. Jurisdiction

 

24.1. The parties to these Terms and Conditions submit to the non-exclusive jurisdiction of the courts of England and Wales.

 


 

Legal Agreement With AF Payments Limited

 

Prepaid Cardholder Conditions

 

These Terms and Conditions apply to your prepaid debit card

 

You must read these terms and conditions carefully. By using your card you will be deemed to have accepted these terms and conditions. If you do not accept these terms and conditions you should not use your card. Your card is issued by and is the property of AF Payments Limited (registered number 09356276), 33 Lowndes Street, London SW1X 9HX. AF Payments Limited is an electronic money issuer regulated by the Financial Conduct Authority under registration number FRN: 900440. Your card is not transferable. If you have any queries or complaints please contact customer services (see details below).

 

1. Definitions

 

“Accomplish” means Accomplish Financial Limited (company number 08365035), a company incorporated in England and Wales with its registered office at 33 Lowndes Street, London, SW1X 9HX, United Kingdom.

“Card” means the Mastercard® Viola Corporate prepaid card issued to You whether in the form of a plastic, digital or virtual card, under these Terms and Conditions.

“Card Account” means the electronic money account held by You with Us and to which Your Card is linked.

“Card Account ID Information” means any and all of the following pieces of information: your Card details (Card number, expiry date and CVV code), your PIN, information you use to log in to your Card Account, and any credentials and information specific to your Card Account.

“Customer Services” can be contacted on:

 

Contact us by email:                                  support@violacorporate.com

 

Contact us by Post:                                   3 Waterton Park, Bridgend, CF31 3PH

 

Telephone:                                               +44 (0) 1656 657932

(Monday to Friday 09:00 – 17:00)

 

Lost or Stolen Cards:                               +44 (0) 1656 657932

(Monday to Friday 09:00 – 17:00)

 

You can immediately block your card within your app should it be lost or stolen

“Fees Table” means the table of fees and charges applicable to the Card as set out on the Website.

“Mastercard®” means Mastercard International of New York or its successors or assigns.

“Merchant” means a retailer or any other person or firm or company providing goods and /or services that accepts cards displaying the Mastercard® acceptance symbol in payment for such goods and /or services.

“PIN” means the personal identification number which We may issue or approve to be used with Your Card.

“Terms and Conditions” means these terms and conditions together with the Fees Table and any supplementary terms and conditions and amendments to them that We may notify You of from time to time.

“Transaction” means any cash withdrawal, purchase of goods and/or services (as appropriate) completed by You using Your Card, or any action which alters the balance of Your Card Account.

“Us” or “We” or “Our” means AF Payments Limited or (where applicable) Accomplish acting on behalf of AF Payments Limited.

“Website” means www.violacorporate.com

“You” or “Your means the person entering into these Terms and Conditions with Us.

 

2. Fees

 

2.1. Your use of Your Card is subject to the fees and charges set out in the Fees Table. These fees and charges are part of these Terms and Conditions. Any or all of these fees/charges may be waived or reduced at Our discretion. Our fees/charges may change over time; if so We will notify You in advance of such changes in accordance with Section 3.1. Your banking provider may charge a fee for the transfer of funds and/or additional ATM fees may be charged by the ATM provider. Any such fees would be in addition to the fees set out in the Fees Table.

2.2. Fees and charges will be paid from Your Card Account at such time they are incurred.

 

3. These Terms and Conditions

 

3.1. We may change these Terms and Conditions including without limitation changing existing fees or introducing new fees, from time to time. We will provide You with at least two months’ notice before the proposed change comes into effect, however changes that (i) make these Terms and Conditions more favourable to You or that have no adverse effect on Your rights or (ii) relate to exchange rates shall come into effect immediately if so stated in the change notice. All such changes will be posted on the Website with a link to the amended terms and conditions and shall be notified to You by (i) sending an email to the email address registered with Your Card Account, (ii) writing to you at the postal address registered with Your Card Account or (iii) requesting that You accept the amended terms and conditions when You access the Website.

3.2. The up-to-date version of these Terms and Conditions will be posted on the Website. You should check the Website regularly so that You can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them. We recommend that You print off a copy of these Terms and Conditions to keep for Your records.

3.3. You will be taken to have accepted any change We notify to You unless You tell us that You do not agree to it prior to the relevant change taking effect. In such circumstance, We will treat Your notice to Us as notification that You wish to terminate these Terms and Conditions immediately and We will refund the balance on Your Card Account. In this circumstance You will not be charged a refund fee.

 

4. Scope of these Terms and Conditions

 

4.1.    These Terms and Conditions govern Your use of Your Card and Card Account. The funds for all Transactions are held in Your Card Account and no interest will be paid on these. When You make a Transaction using Your Card the value of the Transaction plus any associated fees payable will be deducted from Your Card Account and used to complete the Transaction.

4.2.    Your Card is a prepaid card and the funds loaded onto Your Card are known as electronic money. Your Card is not a credit card, charge card or a debit card. You can only spend to the value of the funds that are loaded onto it. All Cards are issued by Us pursuant to a licence by Mastercard®.

4.3.    Although Our activities are regulated by the Financial Conduct Authority, neither Your Card nor Your Card Account is covered by the Financial Services Compensation Scheme. However the funds in Your Card Account are safeguarded by Us in accordance with the Electronic Money Regulations 2011, which means that they are kept separate from Our assets so in the unlikely event We become insolvent, Your funds remain safe from Our creditors.

 

5. Card Issuance

 

5.1.    To use a Card You must be at least 18 years old. Before We can issue You a Card We will need to know some information about You. We will check Your identity and where You live. We may use third parties to obtain this information and carry out checks on Our behalf, this may include using credit reference agencies. However a credit check is not performed and Your credit rating will not be affected.

5.2.    We reserve the right to refuse to issue You a Card.

5.3.    If You have any problems with Your Card please contact Customer Services.

5.4.    If You receive a plastic Card, You must sign it as soon as You receive it and activate it. Activation instructions are set out on the packaging that Your Card is attached to. Your Card cannot be used until this is done. A virtual card can be used immediately upon receipt and does not need to be activated.

 

6. Loading your card

 

6.1.    Funds will be pre-loaded into Your Card Account by your company via bank transfer. Depending on the method used to load Your Card Account, a fee may be charged (see the Fees Table for details).

6.2.    Limits apply to the number of times Your Card Account may be loaded in a day. Minimum and maximum load limits also apply, and these are set out in the Fees Table. We reserve the right to refuse to accept any particular load Transaction.

 

7. Use of your card


7.1. You can use Your Card to purchase goods and services anywhere Mastercard® is accepted. You can also withdraw cash at an ATM or over the counter at a financial institution displaying the Mastercard® logo, subject to there being sufficient funds in Your Card Account and the Merchant, ATM supplier or financial institution being able to verify this online. Keep your PIN and other Card Account ID Information safe and ensure that You log-off after all usage.

7.2.    There are spending and withdrawal limits for the use of Your Card; please see the Fees Table for details.

7.3.    Be aware that some ATM providers charge additional fees for the use of their ATMs and some Merchants add a surcharge for using certain types of cards. You may also be subject to their terms and conditions of business. It is Your responsibility to check before proceeding with Your Transaction.

7.4 We reserve the right to decline any Transactions at Our discretion.

a) We may at any time suspend, restrict or cancel Your Card or refuse to issue or replace a Card for reasons relating to the following:

  1. We are concerned about the security of Your Card or Card Account;
  2. We suspect Your Card is being used in an unauthorised or fraudulent manner;
  3. We need to do so to comply with applicable laws, regulations or Mastercard rules; or
  4. You break an important part of these Terms and Conditions or repeatedly break any term in these Terms and Conditions and fail to resolve the matter in a timely manner

b) If We take any of the steps referred to above in Section 7.4a., We will tell You as soon as We can or are permitted to do so either before or after We have taken such steps. We may ask You to stop using Your Card and return it to Us or destroy it. ‎We will issue You with a replacement Card or re-activate Your Card if after further investigations We believe that the relevant circumstances no longer apply or exist.

c) We may also decline to authorise a Transaction:

  1. if We suspect Your Card or Card Account is being used in an unauthorised or fraudulent manner.
  2. if sufficient funds are not loaded on Your Card Account at the time of a Transaction to cover the amount of the Transaction and any applicable fees.
  3. We believe that a Transaction will break the law.

d) If We refuse to authorise a Transaction, We will, if practicable, tell You why immediately unless it would be unlawful for Us to do so. You may correct any information We hold and which may have caused Us to refuse a Transaction by contacting Customer Services.

We shall not be liable in the event that a Merchant refuses to accept Your Card or if We do not authorise a Transaction, or if We cancel or suspend use of Your Card. Unless otherwise required by law, We shall not be liable for any loss or damage You may suffer as a result of Your inability to use Your Card for a Transaction.

7.5.    You must not spend more money on Your Card than You have in Your Card Account. You are responsible for ensuring that You have sufficient funds when You authorise a Transaction. If this occurs You must pay the overspend to Us immediately. We will take any such action seriously and take any steps necessary to enforce any actions against You.

7.6.    You agree that once We notify You of any such overspend by whatever means You must repay it immediately. We reserve the right to deduct an amount equivalent to the overspend from any other Cards that You hold with Us or from any other payment instrument You designate to Your Card Account and against any funds which You subsequently paid into Your Card Account. We may suspend Your Card and any other Cards connected to You until we are reimbursed the overspend amount.

7.7.    In certain sectors, Merchants such as car hire companies, hotels, restaurants and other service providers will estimate the sum of money You may spend or for which You require authorisation. The estimate may be for greater than the amount You spend or are charged, for example:

  1. at restaurants You may be required to have a maximum of 20% more on Your Card than the value of the bill to allow for any service charge added by the restaurant;
  2. at “pay at pump” petrol pumps (if applicable) You may be required to have an amount equal to the maximum Transaction value permitted at the pump in Your Card Account.

This means that some of the funds on Your Card Account may be held for up to 30 days until the Merchant has settled the Transaction amount and accordingly, You will not be able to spend this estimated sum during this period. We cannot release such sum without authorisation from the Merchant.

7.8.    Merchants may not be able to authorise a Transaction if they cannot obtain online authorisation from Us. Any refunds for goods or services purchased with Your Card may only be returned as a credit to the Card. You are not entitled to receive refunds in cash.

7.9.    We accept no responsibility for the goods or services purchased by You with Your Card. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once You have authorised Your Card to make a purchase, We cannot stop that Transaction. However, where You have used Your Card to buy goods or services You may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify Us of any dispute within 60 days of the purchase and the chargeback will only be applied to Your Card Account if successfully secured from the Merchant.  If You wrongly make a chargeback claim, We will be entitled to charge You any fees We reasonably incur in pursuing the chargeback claim and We will be entitled to debit Your Card Account with the amount of any such fees.

7.10.  Authorising Transactions:

a) A Card Transaction will be regarded as authorised by You where You authorise the Transaction at the point of sale by following the instructions provided by the Merchant to authorise the Transaction, which includes:

  1. entering Your PIN or providing any other security code;
  2. signing a sales voucher;
  3. providing the Card details and/ or providing any other details as requested;
  4. waving or swiping the Card over a card reader;
  5. inserting a Card and entering Your PIN to request a cash withdrawal at an ATM
  6. making a request for a cash advance at any bank counter.

b) Authorisation for a Transaction may not be withdrawn (or revoked) by You after the time We have received it. However, any Transaction which is agreed to take place on a date later than the date it was authorised may be withdrawn if You give notice to the Merchant (providing a copy of the notice to Us) as long as notice was provided no later than the close of business on the business day before the Transaction was due to take place. We may charge You a fee if a Transaction is revoked by You under this Section (see the Fees Table for details).

7.11.  We reserve the right to apply a monthly maintenance charge, if we do, the amount will be set out in the Fees Table. You are responsible for all Transactions and fees charged to Your Card Account.

 

8. Transactions made in foreign currencies

If You use Your Card to purchase goods or services or withdraw cash in a currency other than the currency of Your Card Account, then such Transaction will be converted to the currency of Your Card on the day We receive details of it. We will use Mastercard ® authorised rates applicable for such a Transaction see www.mastercard.com/global/currencyconversion. A foreign exchange fee will also apply (see the Fees Table for details).

9. Disputed Transactions

 

9.1.    You may be entitled to claim a refund in relation to Transactions made using Your Card where:

a) the Transaction was not authorised under these Terms and Conditions;

b) We are responsible for a Transaction which was incorrectly executed and notified to Us in accordance with Section 14 below;

c) a pre-authorised Transaction did not specify the exact amount at the time of its authorisation and the amount charged by a Merchant is more than You could reasonably have expected taking into account normal spending patterns on the Card or the circumstances of the Transaction. However a claim for a refund in this circumstance will not be accepted if the amount of ‎the Transaction was made known to You at least four weeks before the Transaction date or if the claim is made more than eight weeks after being debited to Your Card Account;

d) We were notified of the unauthorised/incorrectly executed Transaction within 13 months of the debit date of such Transaction.

9.2.    If any of the above circumstances apply, You should contact the Merchant first as this may lead to a quicker resolution of the dispute. You can also ask Us to investigate the Transaction or misuse of Your Card. We will immediately process a refund of the amount of the disputed Transaction. We may need more information and assistance from You to carry out such investigation.

9.3.    If We refund a disputed Transaction to Your Card Account and subsequently receive information to confirm that the Transaction was authorised by You and correctly posted to Your Card Account, We shall deduct the amount of the disputed Transaction from the funds in Your Card Account. If there are no or insufficient funds then the provisions regarding overspend on Your Card Account (see Section 7.6 will apply) will apply.

9.4.    If Our investigations discover that the disputed Transaction was genuine and authorised by You directly or indirectly, or that You have acted fraudulently or with gross negligence, We may charge You an investigation fee (see the Fees Table for details).

 

10. Card expiry and damaged and new cards

 

10.1.  Your Card is valid for the period stated on the Card, unless its use is terminated earlier by Us in accordance with these Terms and Conditions. You will not be able to use Your Card once it has expired. We may renew Your Card when it expires so that You may continue to use the funds in Your Card Account. A Fee may apply (see the  Fees Table for details) We reserve the right to decline to issue a replacement Card.

10.2.  If You do not request, nor have we provided you with a new Card following expiry of Your Card, any funds remaining in Your Card Account will remain for a period of six years from the Card expiry date. Your Card Account may be subject to a monthly maintenance charge (see the Fees Table for details). You may contact Customer Services to request Your funds be returned to You at any time within the six year period. The funds cannot be provided to you in the form of cash (notes and coins). Any funds remaining in Your Card Account after six years will not be refunded.

10.3.  If You ask, We may replace a damaged Card, in this circumstance a fee may apply (see the Fees Table for details). You will be asked to provide Us with Your Card number and other information so that We can identify You.

 

11. Refunds

 

11.1.  If You receive a refund of sums paid for goods and services on Your Card, the refund amount will be added to the balance in Your Card Account.

 

12. Keeping Your Card Safe

 

12.1.  You must keep Your Card safe. Your Card is personal to You and You must not give it to anyone else to use. You must take all reasonable precautions to prevent fraudulent use of Your Card.

12.2.  You will receive a PIN for Your Card and You must keep Your PIN safe. This means that when You receive Your PIN You must memorise it. You must keep Your PIN secret at all times. You must not disclose Your PIN to anyone including friends, family or Merchant staff.

12.3.  If You suspect that someone else knows Your PIN, You must contact Customer Services immediately. If You forget Your PIN You can access it when You log on to Your Card Account.

12.4   You must keep your Card Account ID Information secure, as it provides access to Your Card Account details and Your Card PIN.

 

13. Liability

 

13.1. If You think that You have lost any of your Card Account ID Information, or they have been stolen, or in the event of an unauthorised Transaction, or a Transaction which has not been executed or has been incorrectly executed by Us, You must let Us know without undue delay and in any case no later than 13 months after the debit date, by contacting Customer Services. If requested to, You must also write to Us within seven days to confirm the loss, theft or possible misuse.

13.2. Subject to sections 13.3 and 13.4, You shall be entitled to a refund in the amount of an unauthorised Transaction or a Transaction incorrectly executed by Us and, where applicable, restoration of Your Card Account to the state it would have been in had the unauthorised or incorrectly executed Transaction not taken place, provided You have notified Us of the Transaction in question without undue delay and in any case no later than 13 months after the debit date (save where We have failed to provide or make available the required Transaction information to You). Any undue delay in making a notification may result in You being liable for any losses as a result.

13.3. Subject to section 13.4, You are liable up to a maximum of £50 (or the equivalent in the currency of Your Card Account) for any losses incurred in respect of an unauthorised Transaction arising from:

a) the use of Your Card or Card Account ID Information where these have been lost or stolen; or
b) where You have failed to keep your Card Account ID Information safe.

13.4. You will not be liable for any losses incurred in respect of an unauthorised Transaction if You have exercised reasonable care in safeguarding Your Card and Card Account ID Information from risk of loss or theft and, upon becoming aware of an unauthorised Transaction or the loss or theft of Your Card or Card Account ID Information, You notified Us promptly. You will not be liable for any losses which arise after You have notified Us that You believe Your Card or any of Your Card Account ID Information has been stolen or might be used in an unauthorised way, as specified in section 13.1.

  • 13.5. You shall be liable for all losses incurred in respect of an unauthorised Transaction where:

a) You have acted fraudulently;

b) You have compromised the security of Your Card Account with intent or with gross negligence (for example by failing to comply with this section 13); or

c) You have provided any of Your Card Account ID Information to another person who then uses those details to make a Transaction.

In these circumstances, We reserve the right to charge You for any reasonable costs that We incur in taking action to stop Your Card or Card Account being used and to recover any monies owed as a result.

13.6. Our liability to You under these Terms and Conditions shall be subject to the following exclusions and limitations. We will not be liable for any loss arising from:

a) a Merchant refusing to accept Your Card; or

b) any cause which results from abnormal or unforeseen circumstances beyond Our reasonable control or which would have been unavoidable despite all Our efforts to stop it; or

c) Us suspending, restricting or cancelling Your Card or refusing to issue or replace it if We suspect Your Card or Card Account is being used in an unauthorised or fraudulent manner, or as a result of You breaking an important term or repeatedly breaking any term in these Terms and Conditions;

d) Our compliance with any applicable laws, regulations or Mastercard rules; or

e) loss or corruption of data unless caused by Our wilful default/wrong doing.

13.7. Unless otherwise required by law or as set out in these Terms and Conditions, We will not be liable to You in respect of any losses You or any third party may suffer in connection with the Card as a result of Our actions which were not a foreseeable consequence of Our actions.

13.8. We will not be liable for the goods or services that You purchase with Your Card.

13.9. From time to time, Your ability to use Your Card may be interrupted, e.g. when We carry out maintenance. If this happens, You may be unable to:

a) load Your Card; and/or

b) use Your Card to pay for purchases or obtain cash from ATMs (if applicable); and/or

c) obtain information about the funds available in Your Card Account and/or about Your recent Transactions.

13.10. Where the Card is faulty Our liability shall be limited to replacement of the Card loaded with Your funds on the Card Account.13.11.Where sums are incorrectly deducted from Your Card Account funds Our liability shall be limited to payment to You of an equivalent amount.

13.12.In all other circumstances Our liability will be limited to repayment of the amount of the funds in Your Card Account.

13.13. Nothing in these Terms and Conditions will exclude or limit Our liability for death or personal injury or to the extent that it cannot otherwise be limited or restricted by law.

 

14. Lost or stolen cards and unauthorised Transactions

 

14.1.  You should treat the value on Your Card like cash in a wallet. If Your Card is lost or stolen or there is unauthorised use of Your Card, You may lose some or all of the value on Your Card Account in the same way as if You lost cash.

14.2.  If You believe that any Transaction posted to Your Card is unauthorised, has been posted in error or is otherwise incorrect, You must also let Us know immediately by contacting Customer Services. We may require You to provide details of Your complaint in writing.

14.3.  You may be required to help Us, Our agents or any enforcement agency, at Our request, if Your Card is lost or stolen or if We suspect Your Card is being misused.

14.4. If Your Card is reported lost or stolen We will cancel it and may issue a new one. A fee may apply (see the Fees Table for details).

14.5. If You find Your Card after You have reported it lost, stolen or misused, You must destroy it and inform Us immediately.

14.6. No refund will be made until any investigation that We need carry out is complete. We reserve the right not to refund sums to You if We believe that You have not acted in accordance with these Terms and Conditions.

 

15. Statements

 

15.1.  You can view Your Card Account balance and Transactions on the Website at any time. You are responsible for keeping Your log on details secret. If You believe someone else is using Your log on details or may know them You must contact Customer Services immediately.

 

16. Cancellation, termination and suspension

 

16.1.  You may cancel Your Card and Card Account up to 14 days after You receive Your Card (‘the Cancellation Period’), without reason, by contacting Customer Services. We will not charge You a cancellation fee. We will require You to confirm Your wish to cancel in writing. This will not entitle You to a refund of any Transactions You have made (authorised or pending) or charges incurred in respect of such Transactions. The purchase price of the Card (Card Fee) will not be refundable.

16.2. Depending on the method by which You choose to have Your remaining Card Account balance refunded, a fee may be charged which will be deducted from the balance of Your Account (see the Fees Table for details).

16.3. You may cancel Your Card at any time and without penalty i. during the Cancellation Period (see Section 16.1 above) or ii. if You disagree with a charge we intend to make to these Terms and Conditions. You may also cancel Your Card at any time for any reason, however a cancellation fee may apply (see the Fees Table for details).

16.4. To cancel Your Card You must notify Customer Services. You will be responsible for any Transaction You have made or charges incurred before You cancelled Your Card. Once We have been notified by You, We will block the Card straight away so it cannot be used.

16.5. When Your Card is cancelled You must destroy it by cutting it in half through the chip and magnetic strip.

16.6. We can terminate Your Card at any time if We give You two months’ notice and refund any remaining funds to Your nominated bank account.

16.7. We can suspend or terminate these Terms and Conditions with You and Your use of Your Card immediately if:

a) You are in breach of these Terms and Conditions;

b) You violate or We have reason to believe that You are in violation of any law or regulation that is applicable to Your use of Your Card or Card Account;

c) We have reason to believe that You are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

d) We can no longer process Your Transactions for any legal or security reason or due to the actions of any third party;

e) You refuse to co-operate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;

f) We have reason to believe that Your Card, Card Account or conduct poses a security, credit, fraud, business or reputational risk to Us;

g) We need to do so in order to comply with applicable law or regulation or Mastercard rules;

h) We are required to do so by any applicable regulatory body; or

i) You fail to pay any fees or charges that You have incurred or fail to repay any overspend incurred on Your Card Account.

16.8. These Terms and Conditions will terminate in the event of Your death.

16.9. If there is a positive balance in Your Card Account at the time Your Card Account is closed for any reason, these remaining funds will be returned to You by the method You instruct (less the applicable fees) provided the funds are not subject to any restriction.

16.10. Any funds which remain unclaimed for a period of six years following closure of Your Card Account shall expire and be forfeited.

16.11. We can suspend Your Card at any time with immediate effect if:

a) We discover that any information You have provided is incorrect or incomplete; or

b) if a Transaction has been declined because of lack of available value in Your Card Account.

16.12. If any Transaction, fee or charge is found to have been incurred using Your Card following cancellation or termination, You agree to pay all such sums to Us immediately on demand.

17. Personal data

 

17.1.  The processing of Your personal data is governed by Our privacy policy which can be found at https://www.afpay.com/privacy-policy/. By accepting these Terms and Conditions, You also agree to the terms of Our privacy policy.

 

18. Your details

 

18.1.  You must let Us know as soon as possible if You change Your name, address, telephone number or email address. If We contact You in relation to Your Card, for example, to notify You that We will be changing the Terms and Conditions or have cancelled Your Card and wish to send You a refund, We will use the most recent contact details You have provided to Us. Any email to You will be treated as being received as soon as it is sent by Us.

18.2. We will not be liable to You if Your contact details have changed and You have not told Us.

 

19. Complaints procedure

 

19.1.  If You are not satisfied with the service You are receiving You should provide written details of Your concerns to Customer Services. All queries will be handled in accordance with Our complaints procedure. Customer Services will provide a copy of the complaint procedure upon request.

19.2. If You have not received a satisfactory response within eight (8) weeks from the date of Your complaint, You may refer Your complaint to the UK Financial Ombudsman Service.

19.3. You may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR, United Kingdom. For additional contact details you may visit the Financial Ombudsman Service’s website at financial-ombudsman.org.uk

 

20. Customer services

 

20.1.  The Customer Service department is open from 9:30 a.m. to 5:30 p.m. (UK time), Monday to Friday (inclusive) (excluding public holidays in the United Kingdom). A Lost and Stolen reporting service is available 24 hours a day, 7 days a week via the Website/App. We may record any conversation You have with Customer Services for training and/or monitoring purposes. Customer Services will be provided by ViolaCard Limited acting on behalf of AF Payments Limited.

 

21. General

 

21.1.  In these Terms and Conditions, headings are for convenience only and shall not affect the interpretation of these Terms and Conditions. Any delay or failure by Us to exercise any right or remedy under these Terms and Conditions shall not be interpreted as a waiver of that right or remedy or stop Us from exercising Our rights at any subsequent time.

21.2. You may not transfer, novate, assign, subcontract or delegate Your rights or obligations under these Terms and Conditions. You agree that We may transfer or assign Our rights or novate Our obligations under these Terms and Conditions at any time without prior written notice to You and without Your further consent. If You do not want to transfer to the new Card Issuer You may contact Us and We will terminate Your Card and Card Account. Any balance remaining in Your Card Account will be returned to You in accordance with Our redemption procedure.

21.3. We may subcontract any of Our obligations under these Terms and Conditions.

21.4. These Terms and Conditions are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. In the event that any part of these Terms and Conditions are held not to be enforceable, this shall not affect the remainder of these Terms and Conditions which shall remain in full force and effect.

21.5. You will remain responsible for complying with these Terms and Conditions until Your Card and Your Card Account are closed (for whatever reason) and all sums due under these Terms and Conditions have been paid in full.

21.6. These Terms and Conditions are written and available only in English and all correspondence with You in respect of Your Card and Card Account shall be in English. In the event that these Terms and Conditions are translated, the version in English shall take priority.

21.7.  These Terms and Conditions are governed by the laws of England and You agree to the non-exclusive jurisdiction of the English courts.