Important information you need to know
Please read this Agreement carefully before you activate your Account and/or Card or use any of our services. This information forms the Agreement for your Anytime Account any the Card issed by PPS and payment services managed by PPS that Anytime may provide to you. By confirming that you accept the terms of this Agreement, or by activating your Account and/or Card and/or using our services, you accept this Agreement. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 20 of this Agreement.
Account - The electronic account belonging to the Business set up for the purpose of distributing funds to Cards.
Account Manager – The individual elected by the Business to be responsible for the management of the Master Account, Card Accounts and associated Cards.
Account Owner – The entity legally responsible for all Accounts and Cards.
Agreement - This agreement as varied from time to time.
Anytime - Anytime SA trading as Le Compte Anytime, a company registered in Belgium whose registered office is at Avenue Louise, 326, 1050, Brussels, Belgium.
Anytime IBAN – Anytime account details for receiving incoming SEPA payment and sending outgoing SEPA payment.
ATM - Automated Teller Machine.
Available Balance - The value of funds available to use. The Master Account and Card Account will have its own separate funds.
Business – The Account Owner.
Business Days - The days of Monday to Friday between the hours of 9am-5pm but does not include bank holidays, or public holidays.
Card – Anytime Business Mastercard card.
Card Account – The electronic account associated with Card.
Card Number - The 16 digit number on the front of a Card.
Cardholder – An individual selected by the Business to whom a Card is issued to.
Contactless - A payment feature that provides the Cardholder with a way to pay by tapping the Card on a point-of-sale terminal reader for transactions of up to €50 (as amended from time to time).
Customer Services - The contact centre for dealing with queries about the Account and Card. Contact details for Customer Services can be found in paragraph 20.
Digital Card – A computerised visual image of the Card.
EEA - The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
e-money - The electronic money associated with the Account and a Card.
Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
Information – Means any information related to the Business, and any personal information related to an Account Manager and a Cardholder.
Limits - Maximum limits in relation to the Account and Card, such as Maximum Balance, and limits on transactions as referred in paragraph 2.
Master Account - The electronic account belonging to the Business set up for the purpose of distributing funds to Cards.
MasterCard Acceptance Mark - The MasterCard International Incorporated Brand Mark, indicating acceptance of the Card.
MasterCard - MasterCard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577 USA.
Maximum Balance – The maximum balance on the Master Account and Card Account as referred to in paragraph 2.
Merchant - A retailer, or any other person, firm or corporation that accepts cards which display the MasterCard Acceptance Mark.
Payment Instruction – An instruction from you or Account Manager to make a payment from or to your Master Account.
Payment Terminal - A device which interfaces with MasterCard, Visa, or American Express cards to make electronic funds transfers.
PIN – A four digit personal identification number for use with the Card.
Quasi Cash – Means transactions that includes, but not limited to, purchasing travellers cheque, lottery tickets, casino gaming chips, money orders, deposits and wire transfer money orders.
Self Service Account Management Portal – A mobile App or online portal that allows access to the Master Account and Card Account.
SEPA – Single Euro Payments Area.
SEPA Credit Transfer - is a non-urgent euro payment debiting a euro account and crediting another euro account in the SEPA zone. The International Bank Account Number (IBAN) must be used as the unique identifier for the receiver's bank, branch and account.
SEPA Direct Debit - A Europe-wide Direct Debit system that allows merchants to collect Euro-denominated payments from accounts in the SEPA countries and associated territories.
SEPA Payment - is a non-urgent euro payment debiting a euro account and crediting another euro account in the SEPA zone. The International Bank Account Number (IBAN) must be used as the unique identifier for the receiver's bank, branch and account.
User – Any users of the Account or Card, including Account Manager and Cardholder.
we, us, our or PPS - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 3883 Swindon SN3 9EA.
you, your - The Account Owner.
* The single transaction limit for French residents is €3,000.
- SCOPE OF THIS AGREEMENT
3.1 The Master Account and Card Account is e-money in euro. A Card issued under this agreement is a prepaid card; it is not a credit, charge or debit card.
3.2 The Master Account and Card Account is an electronic money product and the electronic money stored in the Master Account and Card Account is issued by PPS, and distributed and administered by Anytime as agent for PPS. PPS are authorised and regulated by the FCA as an electronic money institution with permission to issue e-money and provide payment services (firm reference number 900010).
3.3 All Cards are issued by us pursuant to our licence from Mastercard. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Your Card remains PPS’s property.
3.4 Your rights and obligations relating to the use of your Master Account, Card Account and Card are as set out in this Agreement between you and us; you have no rights against Mastercard or its respective affiliates. If you experience any difficulties in using your Master Account and/or Card you should contact Customer Services.
3.5 This Agreement is written and available only in French and English and we undertake to communicate with you and any Users either in French or English regarding any aspect of your Card or Account.
3.4 You agree that we may communicate with you and Users by e-mail and/or SMS and/or via the Self Service Account Management Portal notifications for issuing any notices or information about the Account or Card and therefore it is important that Users keep their e-mail address and mobile phone number updated via the Self Service Account Management Portal.
- APPLYING AND REGISTERING THE MASTER ACCOUNT
4.1 Only EU registered organisation may apply for a Master Account.
4.2 The Account Manager must activate the Master Account before using it.
4.3 We will issue the Master Account to you on the basis of the Information that you provide. You must provide accurate Information and to tell us of any changes as soon as possible so that our records remain correct.
4.4 If we are unable to satisfactorily verify any Information provided by you at the time you applied for the Master Account we will either request for further information or reject your application
- APPLYING, RECEIVING AND ACTIVATING A CARD
5.1 An Account Manager can apply for a Card via the Self Service Account Management Portal or purchase from a store. If we are unable to satisfactorily verify any Information about the Cardholder, we will either request for further information or reject the application or stop the Card from being used. The Card will not be linked to the Master Account, it will have its separate Available Balance, transactions and fees.
5.2 The Card will be posted to the Business’ registered address if applied for a Card online.
5.3 When the Card is received, the Account Manager must activate it via the Self Service Account Management Portal before distributing it to the Cardholder.
5.4 Once the Card has been activated, the Self Service Account Management Portal will give the Account Manager the option to reveal the PIN. The PIN should never be shared with anybody other than the Cardholder.
5.5 The Cardholder must sign the Card immediately once received and keep it safe.
5.6 The Cardholder may change its PIN at selected ATM that has PIN change facility. When selecting or changing the PIN, the Cardholder must not select a PIN that may be easily guessed, such as a number that:
5.6.1 is easily associated with the Cardholder, such as their telephone number or birth date; or
5.6.2 is part of data imprinted on the Card; or
5.6.3 consists of the same digits or a sequence of running digits; or
5.6.4 is identical to a previously selected PIN.
5.7 The Cardholder must not reveal its PIN to a third party.
5.8 You are responsible for all the Cards issued and the use of the Cards under this Agreement and any fees or charges that these Cards may incur.
5.9 The Account Manager must register any Cards purchased from a store via the Self Service Account Management Portal before distributing them to Cardholders of using them.
- LOADING, USING A CARD AND CARD EXPIRY
6.1 The Cardholder will not be able to load their Card. Loads will be made by the Account Manager.
6.2 The Card can be used at any Merchant to make purchases in-store, via the internet or over the phone and can be used to obtain cash through ATMs (fees apply, see paragraph 12). The Cardholder may make purchases online and over the phone using their Digital Card. Each transaction will need to be authorised by the Cardholder. We will treat the transactions as authorised and genuine if:
6.2.1 the Card is tapped against a Contactless enabled reader and accepted by such reader;
6.2.2 the Card PIN or other security code personal to the Cardholder is used;
6.2.3 the Card is used and the Cardholder have authorised the transaction by signature of the receipt; or
6.2.4 the Digital Card details have been used.
6.3 Once the Cardholder has authorised a payment on the Card, we cannot change or cancel it. We cannot cancel authorised payments that have not yet been processed. The Cardholder may be able to cancel transactions that they have authorised for a future date (including recurring transactions) by contacting the retailer before the date on which the payment is due to be made.
6.4 The Card is a prepaid card, which means that the Available Balance will be reduced by the full amount of each transaction and authorisation, plus any applicable taxes and charges, including additional ATM charges if any. The Cardholder must not use the Card if the Full Deductible Amount exceeds the Available Balance.
6.5 Due to security safeguards, Merchants that accept the Card are required to seek authorisation from us for all of the transactions that are made by the Cardholder. There are some circumstances where Merchants may require the Cardholder to have an Available Balance greater than the value of the transaction they wish to make. The Cardholder will only be charged for the actual and final value of the transaction they make. Merchants request this as they may need to access more funds than the Cardholder initially planned to spend. For example:
6.5.1 hotels, rental cars, and
6.5.2 internet Merchants – certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact the Available Balance. Also please bear in mind that many sites will not deduct payment until goods are dispatched so please be aware of this when checking the Available Balance to make sure sufficient funds are available to cover all purchases.
6.6 The Card cannot be used in situations where it is not possible to obtain online authorisation that the Cardholder have sufficient balance for the transaction. For example but not limited to: transactions on trains, ships, and some inflight purchases.
6.7 The Card cannot be used at self service petrol pumps but it can be used to pay by taking it to the cashier.
6.8 The Card should not be used as a form of identification.
6.9 The Card may not be used for any illegal purpose or in any manner prohibited by law, nor for gambling, for any adult entertainment or for Quasi Cash transactions.
6.10 We may ask the Account Manager to surrender any Cards at any time for a valid reason in accordance with the provisions in paragraph 15 of this Agreement.
6.11 If a Merchant agrees to give a refund for a purchase made using the Card, the funds will be added to the Available Balance of the Card when we receive the funds from the Merchant.
6.12 The Card can be used to make transactions in a currency other than Euro ("foreign currency transaction"), the amount deducted from the Card will be converted to Euro on the day we receive details of that foreign currency transaction. We will use a rate set by MasterCard, which will be available on each Business Day and changes in the exchange rate shall take effect immediately. Exchange rates can fluctuate and they may change between the time a transaction is made and the time it is deducted from the Available Balance. The Cardholder can find out the exchange rate applied to a transaction in their transaction history. We will charge an additional foreign transaction fee for all foreign currency transactions.
6.13 The Account Manager controls where and how a Card can be used and can at any time turn off any functionality of the Card.
6.14 The expiry date of the Card is printed on the front of the Card. The Cardholder will not be able to use their Card once it expires. The Account Manager may request a replacement Card for the Cardholder via the Self Service Account Management Portal (fees apply, see paragraph 12).
6.15 Any Available Balance remaining on the Card account at Card expiry will remain yours for a period of six years from the expiry date. Within this period, the Account Manager may at any time transfer any Available Balance to the Account via the Self Service Account Management Portal (subject to Limits). You or the Account Manager will not have an access to the Card account and we will not return any funds remaining on the Card account after six years from Card expiry.
6.16 The Available Balance on a Card will not earn any interest.
6.17 If, for any reason, a transaction is processed for an amount greater than the Available Balance on the Card, you must repay us the amount by which the Full Deductible Amount exceeds the 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, to recover any monies outstanding.
- USING THE MASTER ACCOUNT
7.1 The Master Account can be used for making selected purchases. To make purchases, the Master Account must have sufficient Available Balance.
7.2 The Master Account will be configured and operated by Anytime. You agree that Anytime and we may take instructions from the Account Manager regarding the operation of the Master Account, including the creation of beneficiaries and instruction of payments, on your behalf.
7.3 The Account Manager can transfer funds from the Master Account to the Card Account, between two Card Accounts and from a Card Account to the Master Account via the Self Service Account Management Portal.
7.4 We will stop a transaction or a payment going out (without prior notice to the Account Manager) if:
7.4.1 the Master Account does not have sufficient Available Balance to cover the transaction; or
7.4.2 the Master Account is suspended or closed; or
7.4.3 if the Master Account has reached its Limits; or
7.4.4 if we suspect the transactions to be fraudulent.
7.5 If, for any reason, a transaction is processed for an amount greater than the Available Balance on the Master Account, you must repay us the amount by which the Full Deductible Amount exceeds the 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, to recover any monies outstanding.7.6 The Master Account can receive funds in via SEPA Payment, SEPA Direct Debit, direct debit transfer, debit card, credit card, cheque and Payment Terminal. Subject to paragraph 7.7, we will credit the Master Account when we receive the funds.
7.7 A payment coming into the Master Account will be not credited to the Master Account if:
7.7.1 the Master Account has reached the Maximum Balance or its Limits; or
7.7.2 the Master Account is inactive or blocked; or
7.7.3 the sender has provided incorrect/invalid account details for the Master Account;
7.7.4 we suspect fraudulently activity on your Master Account; or
7.7.5 to do so is prohibited by any law.
7.8 The funds may be sent back to the sender without notifying you if paragraph 7.7 applies. Please note this will only apply to incoming SEPA Payment to the Anytime IBAN.
SEPA PAYMENTS OUT
7.9 To make a SEPA Payment out from the Master Account, the Account Manager must first set up the recipient as a new payee. For setting up a new payee, the Account Manager will need to undergo some security authorisation steps on the Self Service Account Management Portal.
7.10 Once the security authorisation steps have been successfully completed, a payment to that set up payee can be made via the Self Service Account Management Portal.
7.11 It is Account Manager’s responsibility to check there is sufficient Available Balance before sending any payments out. If the Master Account does not have sufficient Available Balance the payment will be rejected.
7.12 If a mobile number has been updated via the Self Service Account management Portal or Customer Services, the Account Manager may not be able to set up a new payee for making payments for 24 hours.
7.13 If a payment is rejected by the recipient bank, a refund is automatically credited to the Master Account.
TIMING OF PAYMENTS
7.14 Any SEPA Payment out will be sent within 1 Business Day of Payment Instruction.
7.15 Any incoming SEPA Payments will be credited to the Master Account within 1 Business Day from receiving the funds.
7.16 We will only allow a payment to be made if the payment is within the Master Account limits as stated in paragraph 2 and there is sufficient Available Balance.
7.17 The time of receipt of a transaction order is when we receive it. You or the Account Manager cannot stop a transaction after it has been transmitted to us and you or the Account Manager have given your consent, or when you or the Account Manager have given your consent to a pre-authorised payment.
AUTHORISATION FOR PAYMENTS AND STOPPING PAYMENTS
7.18 It is your or Account Manager’s responsibility to ensure correct recipient account details and payment amount are provided when making any payment or setting up a payee. If you or the Account Manager do not provide us with correct information, we are not responsible for incorrect payments.
7.19 We will treat a payment as authorised by you or Account Manager if:
7.20 the transaction was authorised from the Self Service Account Management Portal using the required entry login details and that the payee had been approved using the verification code sent in the payee approval SMS; or
7.20 We may refuse to process a payment (without prior notice to you or Account Manager) if:
7.20.1 the Master Account does not have sufficient Available Balance to cover the payment; or
7.20.2 the Master Account is suspended or closed; or
7.20.3 the Master Account has reached its Limits; or
7.20.4 we need to do so to comply with the rules of the payment system; or
7.20.5 we suspect fraudulent activity on your Master Account or
7.20.6 required to comply with any law.
7.21 If we refuse to process payment under 7.20, we will not be liable for any loss this may result in, nor will we be obliged to inform the intended recipient.
7.22 If, for any reason, a payment is processed for an amount greater than the Available Balance on the Master Account, you must repay us the amount by which the Full Deductible Amount exceeds the 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 the Master Account, to recover any monies outstanding.
7.23 The Available Balance on the Account will not earn any interest.
- CHECKING BALANCE
8.1 The Account Manager can check the Available Balance and transaction history on the Master Account and on a Card Account via the Self Service Account Management Portal.
8.2 A Cardholder can check the Available Balance and transaction history via the Self Service Account Management Portal and at selected ATM that has this functionality.
- CANCELLING, CLOSING AND REDEEMING E-MONEY
9.1 The Account Manager may cancel the Account and any Cards before activating them, and up to 14 calendar days after the date of activation ("cancellation period"), via the Self Service Account Management Portal. The Account Manager may transfer any Available Balance on the Card Account to the Master Account and any Available Balance on the Master Account to the Business’ bank account via SEPA debit transfer (subject to Account Limits) before cancelling the Master Account.
9.2 The Account Manager may close the Master Account and/or any Card Accounts at any time after the cancellation period and redeem any Available Balance on the master Account by SEPA debit transfer.
9.3 The Account Manager may not close the Master Account if any Card Accounts are still active/open and if there is any negative balance.
9.4 Once the Available Balance on the Master Account is redeemed and the Master Account is closed, your Agreement will terminate. However, if paragraph 9.5 applies to the Account and/or any Cards then the Master Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Account or on any Cards.
9.5 If we find any additional transactions, fees or charges have been incurred on the Account and/or on any Cards 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
- YOUR LIABILITY AND AUTHORISATIONS
10.1 You are responsible for the use of your Account and any Cards issued under this Agreement. You must ensure that all the Users under this Agreement understand and comply with this Agreement.
10.2 We may restrict or refuse to authorise any use of your Account and any Cards issued under this Agreement including transactions in any legal jurisdiction if using the Card or Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you, the Account Manager, a Cardholder or a third party has committed or is about to commit a crime or other abuse in connection with the Card or Account.
10.3 Where appropriate, any refusal to authorise a Card transaction will be relayed to the Cardholder via the Merchant concerned.
10.4 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen Card or Account security information or the misappropriation of the Card or Account if any Users fails to:
10.4.1 keep the Card and/or security features of the Card and/or Account safe, or
10.4.2 notify us that the Card is lost or stolen.
10.5 You must ensure any Users does not:
10.5.1 allow another person to use a Card, PIN or security information; or
10.5.2 write down password(s), PIN or any security information unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or
10.5.3 disclose their PIN or any 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; or
10.5.4 enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
10.6 You will be responsible for all transactions which the Users authorises, whatever the manner of such authorisation.
10.7 You will be liable for all transactions that take place as a result of you, the Account Manager or Cardholder acting fraudulently or failing to comply with this Agreement 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 the Account.
10.8 It is your responsibility to keep us updated of changes to any Information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding the Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.
10.9 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 or fraudulent use of the Card, Account, Self Service Account Management Portal log in details, or PIN by or authorised by either you, Account Manager or any Cardholders.
- LOST, STOLEN OR DAMAGED CARDS
11.1 In the event of loss, theft, fraud or any other risk of an unauthorised use of the Card, or if the Card is damaged or malfunctions, the Cardholder must block the Card via the Self Service Account Management Portal immediately or contact Customer Services so that we can block the Card and PIN. Alternatively, the Cardholder can inform the Account Manager who can also block the Card.
11.2 In the event that either the Cardholder or the Account Manager block the Card or they notify us in accordance with this Agreement that the Card has been lost or stolen you will be liable for a maximum of £50 of any loss that takes place prior to us being notified or the Card being blocked.
11.3 Provided that the Cardholder have followed one of the steps in accordance with paragraph 11.1 and that paragraph 11.4 does not apply, then you will not be liable for losses that take place following the date on which the Cardholder or the Account Manager blocked the Card or informed Customer Services. If there is an Available Balance remaining on the Card account, the Account Manager can request a replacement Card via the Self Service Account Management Portal (fees apply, see paragraph 12).
11.4 In the event that we have reason to believe that either the Account Manager or the Cardholder have acted fraudulently or have acted with gross negligence or intentionally in failing to notify us of the lost or stolen Card or the Cardholder have failed to keep their Card or security information safe or the Account Manager or the Cardholder have breached this Agreement then you shall be liable for all losses.
12.1 The Master Account and a Card Account is subject to the following fees:
12.2 We will deduct any fees due from the Available Balance on the Account or Card. If there is no Available Balance of funds, or fees exceed the balance of funds available, we shall send an invoice to you and 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.
- DISPUTES AND INCORRECT TRANSACTIONS
13.1 If there is a reason for believing that a transaction on the Master Account or a Card Account was unauthorised by either the Account Manager or Cardholder, or was made incorrectly, the Account Manager must inform us immediately via the Self Service Account Management Portal, but in any event within 13 months of the date of the relevant transaction.
13.2 If either the Account Manager or a Cardholder disputes a transaction:
13.2.1 the Merchant must be able to prove that the transaction took place,
13.2.2 we will immediately refund the amount to the Master Account or the Card Account to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. If we subsequently discover that the Account Manager or the Cardholder were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any charges to the Master Account or the Card Account. In this event we will charge £10 administration fee.
13.2.3 if there are reasonable grounds for thinking that the Account Manager or the Cardholder may not be entitled to a refund (based on the evidence available to us at the time the unauthorised transaction was reported), we may investigate before giving any refund.
13.3 If incorrect transaction is paid into the Master Account or Card Account that should not have, we will, where possible, immediately send the funds back to the bank acting for the person from whose account the transaction was made.
13.4 We do not need to do anything and we are not responsible for an incorrect transaction on the Account or a Card where the Account Manager fail to tell us of the incorrect transaction without undue delay and in any case within 13 months of the date on which the transaction occurred, or the cause of the incorrect transaction is because the Account Manager or the Cardholder gave us the wrong or insufficient payment details for us to make the transaction.
13.5 You will be liable for all transactions made from the Account;
13.5.1 if you, the Account manager or the Cardholder have acted fraudulently; or
13.5.2 if the transaction was made because the Cardholder deliberately or with gross negligence failed to keep their Card or Card details secure or their PIN or other security information secret.
13.6 Where the Cardholder have agreed that another person can take a payment from the Card (e.g. if the Cardholder have given their Card details to a Merchant for the purpose of making a payment), the Account Manager may ask us to refund a payment if all the following conditions are satisfied:
13.6.1 the authorisation given did not specify the exact amount to be paid;
13.6.2 the amount that has been charged to the Card was more than the Cardholder could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and
13.6.3 the Account Manager make the refund request within eight weeks of the date when the payment was taken from the Card.
13.7 We may ask the Account Manager to provide information as is reasonably necessary to verify that conditions in 13.6.1 – 13.6.3 apply.
13.8 If the Account Manager ask us to make a refund under paragraph 13.6 then, within 10 Business Days of the date we receive your request (or if we ask for more information under paragraph 13.7, within 10 Business Days of the date we receive that information) we will either:
13.8.1 refund the payment in full; or
13.8.2 tell the Account manager the reasons why we do not agree to the refund.
13.9 The Account Manager will not be entitled to a refund under paragraph 13.6 if:
13.9.1 the Account Manager or the Cardholder have given us your consent for the payment to be made; and
13.9.2 where applicable we (or the person or a Merchant the Account Manager or Cardholder agreed to pay) have given them information on the payment in question at least four weeks before the due date of the payment.
13.9.3 if the payment in question was higher than the Account Manager or Cardholder reasonably expected to pay is due to a change in any currency exchange rate
14.1 We may change this Agreement, including fees and limits by providing you with at least two months prior notice by e-mail (provided the Account Manager have supplied us with an up-to-date e-mail address) and will ensure the most recent version is always available on the Self Service Account Management Portal.
14.2 If you do not agree with the changes to the Agreement, you may at any time within the two months’ notice period terminate the Agreement and close the Account and Cards in accordance with paragraph 9.2 at that time without a charge. 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.
14.3 If any part of this Agreement is 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. We will update our Agreement to reflect the new regulatory requirements when they are next reprinted.
- TERMINATION OR SUSPENSION
15.1 We can terminate this Agreement at any time:
15.1.1 if we give you two months’ notice and refund the Available Balance without charge, or
15.1.2 with immediate effect if you, the Account Manager or the Cardholder have breached this Agreement, or if we have reason to believe that the Account Manager or the Cardholder have used, or intend to use the Card or Account in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your transactions due to the actions of third parties.
15.2 We can suspend or terminate any Cards or the Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you, the Account Manager or the Cardholder if:
15.2.1 we discover any of the Information provided to us when the Account Manager or anyone else from the Business applied for the Account or any Cards was incorrect; or
15.2.2 a transaction has been declined because of a lack of Available Balance; or
15.2.3 if we suspect unauthorised or fraudulent use of the Card or Account; or
15.2.4 if the Account Manager or Cardholder have reached their Limits; or
15.2.5 this Agreement has been breached by any Users or we have reason to believe that you, the Account Manager or Cardholder have used, or intend to use the Card or Account or the Self Service Account Management Portal password or passcode in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process any transactions due to the actions of third parties.
15.3 In the event that we do suspend or terminate the Account and/or Card then if we are able to do so, we will tell the Account Manager in advance otherwise we will let them know immediately afterwards (to the extent the we are permitted by law). We may advise anyone involved in the transaction if a suspension has taken place.
15.4 In the event that any additional fees are found to have been incurred on the Account or Card following termination by either the Account Manager or us, then subject to this Agreement, the Account Manager shall refund to us any sum which relates to a withdrawal or fees and/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.
- OUR LIABILITY
16.1 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:
16.1.1 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 and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, transfer of the Available Balance to the Account;
16.1.4 where sums are incorrectly deducted from the Available Balance of the Account or Card due to our default, our liability shall be limited to payment to the User of an equivalent amount;
16.1.5 in the unlikely event that sums are deducted from the Available Balance but Account Manager or Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 13; and
16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as MasterCard, 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.
17.1 The Account Manager may provide us with the Information from time to time in connection with the Account and Card. Some Information will be necessary for us to provide you with the Account, Card and services under this Agreement. The Account Manager must update any changes to the Information via the Self Service Account Management Portal.
17.2 We and our affiliates are committed to maintaining the Information in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that the Information is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with this Agreement, the Information will not be passed to anyone without your permission. We can at any time request evidence of identity of any Users and may use an ID verification agency or credit reference agency (whose names and addresses will be provided on request) both prior to and following issue of the Account or Card for this purpose and who will add details to their record of our request for a search.
17.3 You agree that we can use the Information in connection with the Account, to contact the Account Manager about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing the Information to our partners, affiliates, agents, distributors, suppliers, and to MasterCard and its affiliates to process transactions and for their statistical research and analytical purposes. We may also transfer the Information outside of the EEA to enable the Cardholder to use their Card while they are travelling. We may also disclose the Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
17.4 The Account Manager may contact us at anytime to request us to stop such use or further disclosure to other companies for such use.
17.5 You have a right to inspect the Information we hold about you however, we will ask you to pay an inspection fee of £10 to cover our costs. For further information please contact Customer Services.
17.6 If we discover that the Information we hold about you and/or any Users is incorrect, we may have to suspend or cancel the Account or Card until we can establish the correct Information, in order to protect us both.
- COMPLAINTS PROCEDURE
18.1 Complaints regarding any element of the service provided can be sent to Customer Services.
18.2 All complaints will be subject to Anytime’s complaints procedure. Anytime will provide the Account Manager with a copy of their complaints procedure upon request and, if they receive a complaint from the Account Manager, a copy of their complaints procedure will automatically be posted or emailed to them.
18.3 If Anytime fail to resolve the complaint to the Account Manager’s satisfaction he may refer the 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.
18.4 Paragraph 18.3 does not apply if a complaint is related to a Card account.
19.2 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
19.3 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
19.4 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards and the Account issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
19.5 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement, save that MasterCard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 16.4 may enforce paragraph 16.
19.6 This Agreement contains the information set out in Schedule 4 of the Payment Service Regulations 2009 and you can obtain a copy of this Agreement at any time by visiting the Self Service Account Management Portal.
19.7 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
19.7 The Financial Services Compensation Scheme is not applicable for this Account. No other compensation schemes exist to cover losses claimed in connection with the Account. We will however safeguard your funds against any loss that can be reasonably anticipated.
- CONTACTING CUSTOMER SERVICES
20.1 If the Account Manager or a Cardholder have a query regarding the Account or Card, they can contact Customer Services by phoning +33 (0) 1 73 600 634 between the hours of 9.00am to 6.30pm on Monday to Friday (excluding bank holidays), or by writing to Customer Services at 66 avenue des Champs Elysées, 75008, Paris, or by emailing
A Lost and Stolen Card service is also available 24 hours on the Customer Services phone number.
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