Legal / Terms and conditions for business cards
Terms and conditions for business cards
General provisions
- These terms and conditions (“Card Terms”) apply to the MultiPass card programme (the “Programme”) and the Customer’s use of any Cards (as defined below) issued to the Customer pursuant to the Programme. The Customer should read these Card Terms carefully as, upon coming into force (see below), these Card Terms form part of a binding contract for services between the Customer and MultiPass (see below).
- These Card Terms form part of and are expressly incorporated into the Agreement for business accounts between the Customer and MultiPass, which regulates the Customer’s application for and use of the MultiPass Services (of which the use and issuance of Cards forms part). The Customer should refer to the terms of the Agreement for business accounts as those terms will also apply to the use by the Customer of any Cards – all transactions made by a Customer using a Card constitute a type of “Payment Transaction” for the purposes of the Agreement for business accounts. The Agreement for business accounts sets out the generally applicable terms that apply to all use of the MutliPass Services (including, without limit, MultiPass liability), whilst these Card Terms set out the additional supplementary specific terms which apply to the Customer’s application for and use of a Card. The order of precedence in General Provisions section of the Agreement for business accounts shall apply.
- These Card Terms, as may be amended from time to time on notice by MultiPass in accordance with the Agreement for business accounts, become effective and binding on the Customer’s successful application for and activation or use of a Card and apply for the entire period of validity of such Card.
- If the Customer does not agree to these Card Terms, then the Customer (or their Cardholders) is not entitled to use any Cards applied for or issued pursuant to these Card Terms.
Key Definitions and Interpretation
- Unless explicitly set out in these Card Terms:
- these Card Terms shall be interpreted in accordance with the terms of the MultiPass Agreement for business accounts; and
- all defined terms in the Agreement for business accounts shall apply to these Card Terms (see Key Definitions and Interpretation section of the Agreement for business accounts).
The Programme
- MultiPass is the manager of the Programme. Please see MultiPass Platforms Limited section of the Agreement for business accounts for applicable corporate and regulatory information about MultiPass.
- The Programme enables the Customer to apply for and be issued with a pre-paid Mastercard card, which upon issue may allow the Customer to make Payment Transactions using a Card.
- Where the Customer is issued with a Card, the Card is a payment instrument issued by Moorwand Limited (the “Issuer”), a company registered in England and Wales with registration number 08491211 and whose registered address is at Fora, 3 Lloyd's Ave, London EC3N 3DS, UK. All communications to the Issuer should be sent to the Issuer at its registered address.
- Moorwand Ltd is in partnership with Via Payments UAB to provide the MultiPass Cards as set out in this Agreement.
- Via Payments UAB is a company incorporated in Lithuania under registration No 304531663 and registered office at Konstitucijos pr. 7, Vilnius, Lithuania. Via Payments UAB is authorised by Bank of Lithuania (license number 16) for the issuing of electronic money and payment instruments.
- The Issuer is an Electronic Money Institution authorised by the Financial Conduct Authority in the UK for the provision of payment services and issuing electronic money. The Issuer’s FCA reference number is 900709. Moorwand Ltd is in partnership with Via Payments UAB to provide the MultiPass Cards to Customers in approved EEA countries.
- It is the Issuer’s responsibility to ensure that any funds received by the Customer in connection with a Card transaction are held in a segregated safeguarding account held with an authorised credit institution (e.g., a UK bank or building society authorised by the FCA to accept deposits).
- For Customers residing in approved EEA countries, Via Payments UAB issues the electronic money and is responsible for the segregation and safeguarding with an authorised credit institution (e.g. a Lithuanian bank or building society authorized by the Bank of Lithuania to accept deposits).
- Each Card is issued to the Customer by the Issuer pursuant to a license granted to the Issuer from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
- For Customers residing in approved EEA countries, Via Payments UAB issues the Cards as an Affiliate Mastercard member, pursuant to the Issuer’s license with Mastercard. For the avoidance of doubt, Via Payments UAB is in partnership with Moorwand Ltd to provide the MultiPass Cards as set out in this Agreement and does not have any contract relationship with MultiPass.
- Whilst these Card Terms are between MultiPass and the Customer, these Card Terms may be enforced by the Issuer pursuant to the Contracts (Rights of Third Parties) Act 1999.
Fees
- The provisions of the Fees section of the Agreement for business accounts sets out the fees charged by MultiPass in respect of the Customer’s use of any Card and how any such fees will be deducted from the Customer’s Account or the Customer shall otherwise become liable to pay them.
Applications for Cards
- The Customer or the User acting on their behalf (as the case may be) may apply for Card(s) associated with the Account if the functionality of the User Account allows it. The application for a Card may be filed simultaneously with the application for opening of the Account or any time after.
- When applying for a Card the Customer or the User shall choose an Account that shall be associated with the Card, currency of the Card, type of the Card (Plastic Card or Virtual Card) and a Cardholder. The Customer and all Cardholders are subject to Identification and authentication in accordance with the procedure established by MultiPass and the provisions of the Agreement for business accounts (including, without limit, the Account opening and Identification and authentication sections).
- When the Card is issued to a Cardholder by the Issuer the relevant limits for Card-related Payment Transactions may be set by the Customer or the User acting on behalf of the Customer in relation to different types of transactions to be performed by a Cardholder. Such limits may be further changed by the Customer or the User acting on behalf of the Customer.
- When the Card is issued to a Cardholder the relevant limits and restrictions in relation to such Card may be set by MultiPass or the Issuer (including without limitation of limits on the number and type of Cards to be held by one Cardholder, limits on currency of Cards, additional requirements to the Customer who can apply for the Cards). Please note that such limits may be further changed by MultiPass or the Issuer at its sole discretion.
Card receipt and activation
- Any Plastic Card will be delivered to the Customer’s corporate address as provided to MultiPass by the Customer or, as may be agreed, the address of the Relevant Person who is the Cardholder (provided that such address was previously verified by MultiPass). Fees for delivery may apply. The Virtual Card will appear in the User Account.
- When a Cardholder receives a Card, such Cardholder must activate the Card as soon as practicable. Only a User who is a Cardholder may activate the respective Card.
- To activate a Virtual Card the User shall enter their User Account and follow the prompts to activate a Virtual Card.
- To activate a Plastic Card the User shall enter their User Account and follow the prompts to activate a Plastic Card. Once the Plastic Card has been activated, the Cardholder will be provided with a PIN. The Cardholder undertakes never to reveal the PIN to anybody and to keep the Plastic Card safe. MultiPass will not reveal the PIN to a third party. To complete activation of the Plastic Card the User shall make an ATM withdrawal or POS purchase transaction using the Card.
- The Cardholder may change the PIN via the User Account or ATMs that have PIN change functionality. MultiPass shall be entitled to charge the Customer a Fee for all PIN changes made. When selecting or changing the PIN, the Cardholder must not select a PIN that may be easily guessed, such as a number that:
- is associated with the Cardholder, such as their telephone number or birth date; or
- part of data imprinted on the Plastic Card; or
- consists of the same digits or a sequence of running digits; or
- is identical to a previously selected PIN.
Using the Card
- Once the Customer has uploaded funds to their Account (in accordance with the procedure set out in the Procedure to put funds into Customer Account(s) section of the Agreement for business accounts) the Customer may use any issued Card to issue a Payment Order and make a Payment Transaction with respect to such funds. Please see the following sections of the Agreement for business accounts which set out the terms which apply to all Payment Orders and Payment Transactions:
- A Virtual Card can only be used to make purchases via the internet. It cannot be used to purchase an item online that subsequently requires presentment of a physical card in order to obtain that item (i.e., certain theatre ticket purchases, hotel stays and car rentals).
- A Plastic Card can be used to make purchases in-store, via the internet or over the phone and can be used to obtain cash through ATMs within the UK and abroad (Fees may apply). Each transaction will need to be authorised by the Cardholder with any merchant by entering the PIN or other security code. If the merchant does not accept chip and PIN authorisation, the merchant may allow the Cardholder to authorise the transaction by signature of the receipt. A transaction can also be authorised by tapping the Plastic Card against a contactless enabled reader. MultiPass or the Issuer may refuse to execute a transaction if the transaction is unlawful or fraudulent or such transaction violates limits and/or restrictions provided by the Customer, MultiPass or the Issuer. MultiPass and the Issuer will treat the transactions as irrevocably authorised by the Cardholder if:
- a Plastic Card PIN or other security code personal to the Cardholder is used; or
- a Plastic Card is used and the Cardholder has authorised the transaction by signature of the receipt.
- Each Card is a prepaid card, which means that the funds held in the associated Account will be debited by the Issuer for the full amount of each transaction a Cardholder makes, plus any applicable taxes and charges, including additional ATM charges if any. A Card is not a credit card, charge card or guarantee card and is not attached to a bank account. The Cardholder must not use a Card if the amount of Payment Transaction with applicable fees and charges exceeds the amount of funds held in the Account.
- There are certain circumstances where a merchant may require the Customer to have funds in the Customer’s Account that are greater than the value of the Payment Transaction the Customer wishes to make. However, the Customer will only be charged for the actual and final value of the Payment Transaction. Merchants may request this as they may need to access more funds than the Customer initially plans to spend (“the relevant funds”) for example, when making hotel or car rental reservations. In the event that a merchant has prior authorisation on a Card, the Customer may not have access to the relevant funds until the Payment Transaction is completed or, if sooner, up to a period of 30 days. However, the Programme will only block access to the exact amount of funds authorised by the Customer.
- A Card cannot be used where merchants are unable to obtain online authorisation that the Customer has sufficient funds available for the Payment Transaction (for example, Payment Transactions made on trains, ships, some in-flight purchases and at tollbooths). MultiPass accepts no liability if a merchant refuses to accept payment using a Card.
- When entering into Payment Transactions over the internet, some websites may require the Customer or the Cardholder to enter certain personal details and, in such instances, the Customer or the Cardholder should supply the most recent personal details that they have supplied to MultiPass in connect.
- On execution of a Payment Transaction using a Card, MultiPass will block the transaction amount and all related Fees in the relevant Customer Account until the Issuer confirms to MultiPass that it has received all settlement information about the Payment Transaction.
- Once a Cardholder (and by proxy the Customer) has authorised a particular transaction, neither the Cardholder nor the Customer will be able to withdraw its consent to that transaction.
- A Card can be used to make transactions in a currency other than currency of the Account it is associated with (“foreign currency transaction”). The amount deducted from a Customer Account will be converted to the currency of the Account on the day of receipt of the transaction request. Exchange rates can fluctuate and they may change between the time the Cardholder authorises a transaction and the time it is deducted from the funds available in the Account. The Customer can find out the exchange rate applied to a transaction in your transaction history. When a Cardholder uses a Card to make a foreign currency transaction (transaction in currency other than the underlying currency of the relevant Card), MultiPass may charge additional Fees. The Paragraph “Foreign Exchange (FX) Disclosure Notice” of the Agreement for business accounts shall apply in relation to foreign currency transactions.
- Where a merchant's payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, MultiPass shall ensure the cash transfer to the Merchant's payment service provider within 4 Business Days following the day on which the Payment Transaction order is received.
- The Customer’s ability to use or access a Card may occasionally be interrupted, for example if MultiPass needs to carry out maintenance on its systems or websites. Please contact MultiPass in accordance with the Contact Methods section of the Agreement for business accounts to notify of any problems the Customer is experiencing with a Card and MultiPass will try to resolve these as soon as possible.
Restrictions on the use of the Card
- The Customer should refer to and comply with the section entitled Restricted Activities in the Agreement for business accounts which applies restrictions to the Customer and Cardholders’ use of Cards.
- A Card may not be available for use in all purchase situations and with all merchants and MultiPass makes no representation or warranty that the Customer or the Cardholder will be able to use a Card in any relevant setting.
- A Card should not be used as a form of identification.
- A Card should not be used for any illegal purpose or in any manner prohibited by law.
- MultiPass or the Issuer may require the Customer to surrender any Cards at any time for a valid reason and the Customer agrees to do so immediately upon request.
Card Expiry
- The expiry date of each Virtual Card and Plastic Card is shown in the User Account. The expiry date of a Plastic Card is also printed on the back of the Card. The Customer will not be able to use a Card once it expires. If the Customer requests a replacement, MultiPass may provide a replacement Card (Fees may apply).
- Any funds remaining in the Account at Card expiry will remain Customer Money and expiry of a relevant Card shall not affect the Customer’s ability to use the Account and associated Customer Money in accordance with the Agreement for business accounts.
- The Customer is solely responsible for the use of any Cards issued to the Customer and any fees or charges that any Cards may incur.
Chargebacks on Card transactions
- The Customer may be entitled to dispute a Card transaction with a particular merchant (a “Chargeback”) where: (i) the goods and services purchased are not as described or were not provided at all; (ii) the merchant charged the Customer the incorrect sum; or (iii) the transaction was unauthorised or fraudulent.
- The Customer may apply for a Chargeback via the MultiPass Website, however each Chargeback is subject to the approval of the Issuer and Mastercard and MultiPass does not guarantee that a Chargeback request will be successful. The Issuer or Mastercard may require that the Customer seeks to resolve the relevant issue with the merchant before a Chargeback is permitted.
- If the Customer requests a Chargeback they shall provide all necessary information requested by MultiPass in connection with the Chargeback. This may also include repeat information requests, including where the merchant disputes the Chargeback.
- The timeframes for the Chargeback process are set by the Issuer or Mastercard in each case. MultiPass may make the timeframes available on the MultiPass Website.
- If the merchant accepts the Chargeback claim, then the Customer Account will automatically be refunded with the disputed sum. MultiPass may not be able to assist further if the merchant rejects a Chargeback claim.
Lost, Stolen, Damaged Cards
- In the event of loss, theft, fraud, or any other event that results in the risk of an unauthorised use of a Card, or if the Plastic Card is damaged or malfunctions, then the Customer must ensure that the Card is blocked immediately.
- Provided that the Cardholder has followed the paragraph above, then the Customer will not be liable for losses that take place following the date on which the Cardholder blocked their Card. If there are any funds are remaining in the Customer Account, the Customer (or the Cardholder) can request for a replacement Card for the Account according to the procedure set out in this Agreement.
- In the event that MultiPass has reason to believe that either the Customer or the Cardholder have acted fraudulently or have acted with gross negligence or intentionally (i) in failing to notify MultiPass of the lost or stolen Card; or (ii) where the Cardholder has failed to keep their Card safe; or (iii) where the Customer or the Cardholder have breached the Agreement for business accounts, then the Customer shall be liable for all resulting losses.
Security
- The Customer should refer to the provisions of the Security section of the Agreement for business accounts which applies to the Customer and Cardholder(s) use of Cards and sets out security requirements and the procedure with respect to incorrect or unauthorized Payment Transactions using Cards.
Confidentiality and data protection
- MultiPass is a controller with respect to Customer personal data processed in connection with the Programme. The Customer should refer to and shall comply with the Confidentiality and data protection section of the Agreement for business accounts which sets out MultiPass’ approach to confidentiality and data protection.
- MultiPass shares data with the Moorwand Limited as the Issuer. The Customer should refer to and shall comply with Moorwand Limited Privacy Policy, available on its website, https://www.moorwand.com/privacy-policy/.