Paydek Personal / General Spend Card Terms and Conditions of Use

THE CARD

• 1.1 These terms and conditions apply to any holder of this card (‘the card’). By using your card you are demonstrating your agreement to these terms and conditions.
• 1.2 The card is promoted by Paydek (co-brand partner) and issued by DEK-CO (UK) LTD. Authorized and regulated in the UK by the Financial Conduct Authority to issue e-money .
• 1.3 You will apply for a card in a stated currency. All references to that currency in these terms and conditions are relevant to you.
• 1.4 The card is an e-money product, and as such it is not covered by the Financial Services Compensation Scheme. In the unlikely event that DEK-CO (UK) LTD becomes insolvent, your funds may become valueless and unusable, and as a result you may lose your money.
• 1.5 These terms and conditions are available online at www.paydek.com .You can request a copy of these terms and conditions at any point in their duration.
• 1.6 We may need to contact you urgently if we suspect or find fraudulent activity has occurred on your account (provided we are not prohibited from doing so by law) or if we suffer a security threat. To do so, we may (for example) send you a text message instead of calling or emailing you, if we think this is the quickest way to contact you. When we contact you, we will also give you information on how you can minimize any risk to your payment instrument depending on the nature of the security threat. We’ll use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change.
• 1.7 If you have a payment instrument which allows you to make overseas payments, the way we treat payments made to payment service providers outside the European Economic Area (EEA) will change as will payments in non-EEA currencies to payment services providers within the EEA and unless stated otherwise, your terms and conditions will apply equally to such payment transactions. You'll no longer be able to pay charges for anyone you're making a payment to within the EEA (regardless of the currency of the transfer). The European Economic Area (EEA) includes all the member states of the European Union, Iceland, Norway and Liechtenstein.

DEFINITIONS

In these terms and conditions, the following words and phrases have the meanings shown next to them:

• ATM – means automatic teller machine or cashpoint facility or cash dispenser;
• Business day – means a day between and including Monday to Friday, between 9am and 5pm (UK time) except for bank or public holidays in England and Wales;
• Card – means your Paydek Prepaid Card (including any secondary / companion or replacement card);
• Card scheme – means Mastercard;
• Fees – a variety of charges that can be raised for purchase and ongoing use of the card;
• PIN – means personal identification number i.e. the security number provided for use with the card;
• Purse value – means the maximum value of funds that can be held with the card any one time;
• Supplier – a retailer, merchant or other supplier of goods and/ or services which accepts payment by means of a card, card number, PIN or card and signature;
• Summary Box – The section that includes notification of charges, limits and restrictions associated with the card;
• Supplier’s bank – the merchant acquirer used by the supplier for the purposes of receiving payments arising from transactions.
• Paydek Prepaid Card – means a card with the features set out in condition 3.2;
• Verification of identity – means confirming personal identity and address of you by conducting electronic verification of your details or by you providing documentation of identity;
• We / us / our – means DEK-CO (UK) LTD or co-brand partners acting on our behalf;
• Year – 12 month period following the date when the card is issued to you and each subsequent 12 month period.
• You / your – means the person or persons who have received the card and are authorized to use the card as provided for in this Agreement;
• “Payment Account” means all payment accounts opened by the Payment Institution in the name of its Customers and includes all funds or balances thereof, deposited therein, all accrued and all related rights.
• “Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person's principal partners, shareholders, or owners of some other ownership interest;
• “Deposit Account” means a bank or other financial account of the User that it maintains at a bank or financial institution to which and from which the User wishes to make payments into the Account via Debit Authorization;
• “Load” means a User sending Funds from their own account at a third party financial institution to the Account;
• “OFAC” means the U.S. Department of the Treasury Office of Foreign Asset Control;
• “Paydek Platform” means cloud-based system for the communication of data between the User and Paydek or User and other Users of the Payment services all pursuant to separate terms of use posted at the Site;
• "Payment Institution" or "DEK-CO (UK)" means DEK-CO (UK) LIMITED, an authorized payment institution existing under the laws of United Kingdom, and having its registered office at Suite 46, Aztec Centre, Aztec West, Almondsbury, Bristol, BS32 4TD, United Kingdom, together with its successors in title and assigns, and in so far as these General “Terms and Conditions” stipulate the giving of notices or information or other communications from the Client to the Payment Institution.
• "Balance" means any money in any currency, supported by DEK-CO (UK) that Client has in the Client’s account.
• "BIN Sponsor" or “Issuer” or “Acquirer” means a company different from DEK-CO (UK), Principal Member of the Card Organizations, MasterCard, VISA, JCB and other, licensed to issue and acquire payment cards, prepaid cards, credit cards, NFC stickers, mobile POS, Internet acquiring and other payment services, which has a contract with DEK-CO (UK) for BIN sponsorship and issuing and acquiring of payments cards and other payment instruments and payment services.
• "Business account" means an account opened by a Legal Entity and used for business purposes and not for personal, family, or household purposes.
• "Business Day" means Mondays to Fridays excluding public and bank holidays in United Kingdom, and on which day the Payment Institution is open for business.
• "Business Hours" means 09:00 hours to 18:00 hours London Time or as may be otherwise determined by the Payment Institution from time to time.
• "Card" means "Paydek Prepaid Card" issued as part of the Service, when available, collectively called "Card" means a payment instrument with the logos of Paydek and one of the Card Organizations, providing possibility for the cardholder to submit payment orders for payment on POS and in Internet, or ATM transactions, such as cash withdrawal or balance check. The Card is linked to the account of Client. Card is always personalized with personalized security characteristics, such as PAN, expiry date, CHIP & PIN based, CVV or CVC or similar characteristics, and is with or without cardholder names embossed.
• "Client" or “User” means a natural or legal person or other type of entity, that registers for the Service as Client or actually uses the Service as Client. A natural person can also have a Business account, such he/she is not using primarily for personal needs.
• "Corporate customer" or "Corporate Client" means a client that is a legal entity established under the laws of a certain jurisdiction.
• "Client e-mail address" means the e-mail address provided by Client in the Account opening application or later amended by Client via the Service, which DEK-CO (UK) will use for communication with Client, or for sending OTP (One Time Password) to Client and for communication with Client.
• "Client mobile phone number" means the mobile phone number provided by Client in the Account opening application or later amended by Client via the Service, which DEK-CO (UK) will use for sending OTP (One Time Password) to Client and for communication with Client.
• "Currencies, supported by DEK-CO (UK)" means various currencies, supported by DEK-CO (UK) for the Service, in which DEK-CO (UK) holds Client’s balance.
• "Person" means a natural person, who uses the Service for personal needs, different from his/her business, commercial or professional needs or activities. Any other natural or legal person, using the Service mainly for business, professional, commercial or other purposes, different from personal, family or households needs, is not a consumer, and some parts of these Terms and Conditions do not apply to persons who are not consumers or are dealt with differently.
• "Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes between DEK-CO (UK) and Client arising from these “Terms and Conditions” or in relation to the use of Service, or any applicable law.
• "General Terms and Conditions" or "Terms and Conditions"; shall mean these General Terms and Conditions of Business as the same may from time to time be amended.
• "International Transfer" and "SHA, BEN or OUR" means an international outbound money transfer ordered by Client from Client’s account to any bank account of a payee, executed via SWIFT system (international communications platform, products and services that allow banks and financial institutions to connect and exchange financial information securely and reliably, www.swift.com), to which DEK-CO (UK) is a member. "SHA, BEN or OUR" are codes of SWIFT rules, meaning that:

1. In case Client selects code SHA (shared) Client pays DEK-CO (UK)'s charges and the beneficiary bears the charges of all the other banks (the intermediary bank, beneficiary bank, etc.). The beneficiary will receive the remaining balance;
2. In case Client selects code BEN (beneficiary) beneficiary bears all charges of the banks engaged in the transfer of the payment. All charges as DEK-CO (UK) fee and those of the intermediary bank, beneficiary bank, etc. will be deducted from the transfer amount and the beneficiary will receive the remaining balance; or
3. In case Client selects code OUR (our) Client bears all charges of the payment, which includes DEK-CO (UK)'s fee, as well as all the other banks' fees (intermediary bank, beneficiary bank, etc.). The beneficiary receives the complete payment. DEK-CO (UK) will debit the Client's account with the Correspondent bank charges at a later stage than the processing date of the payment.

• "Mass transfer" or "Mass payment" is part of the Service, available to Business accounts, which enables Client to submit payment orders for mass payments (multiple money transfers to various payees) via the Service;
• "Non-payment transaction" means operation for check of balance, history of transactions, statements, providing security for compensation of obligations (if applicable) and other non- payment transactions available for the Service;
• "Online account" is a personalized payment instruments via which Client can provide instructions to DEK-CO (UK) for payment orders. It is a personalized online page, provided by DEK-CO (UK) to a Client, who successfully registers for the Service, which can be accessed by Client with Client’s Identifying credentials and is used for making payment transactions online, as allowed by the Service;
• "Payment Order" means all instructions validly made from the Payer or the Payee to DEK-CO (UK), ordering execution of payment transaction;
• "Transaction" means the transactions for money transfer or any other payment transactions with payment instrument available for the Service;
• "Payer" means a Client that submits the Payment Order;
• "Payee" means a Client that is a recipient/beneficiary of the amount of the payment transaction;
• "Personalized security features" or "Identifying Credentials" means all personalized security characteristics of all payment instruments, such as the username and password, OTP (One Time Password), security codes and all other unique and/or identifying information that DEK-CO (UK) provides to Client to access Client’s account and payment instruments and use the Service under these Terms and Conditions;
• "PIN" – Personal Identification Number a unique number mandatory in any card transaction:
• "Recurring Payment" means a payment under an arrangement where Client provides authorization to DEK-CO (UK) for a third party to collect a series of payments from the Card of Client or to execute transfers from Client’s Account according to a “Standing order”;
• "EFT Transfer" means an outbound money transfer from Client’s account and balance in Payee’s local bank account in payee’s country currency;
• "Payment Service" refers to any payment instruments and Accounts and/or any other service DEK- CO (UK) may provide to Client from time to time, including but not limited to accounts, such as current account in multiple currencies, supported by DEK-CO (UK), identified with unique account numbers and all payment transactions, such as money transfers or others, which can be performed via the accounts, including via the online account;
• "Trusted beneficiaries" means payees, which have been approved by the Client, following a procedure in the online account by the Client, to receive payments from the Client’s account with DEK-CO (UK) only with confirmation from the Client via the online account;
• "Site" means the website of DEK-CO (UK) www.paydek.com or other website of DEK-CO (UK), as indicated to Client, and all related URLs, provided by DEK-CO (UK), accessed by Client via Internet, which is the interface used by DEK-CO (UK) for Registration of Client for the Service, concluding this General Terms and Conditions, providing information to Client prior to entry into “Terms and Conditions” and other important information for the Service and notifications, updated Exchange currency rates of DEK-CO (UK), login to Client online account for the Service and other important marketing, financial, legal and security information for the Service.
• "Value Date" means a reference time used by Payment Institution for debit or credit funds on Client’s online Account.
• “Prohibited Territories” means any of Burma (Myanmar), Cote d'Ivoire, Democratic Republic of the Congo, Iran, Iraq, Liberia (Former Regime of Charles Taylor), Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions, North Korea, Sierra Leone, Sudan, Syria, Western Balkans, Zimbabwe, Crimea Region and such other countries as may be identified as high risk jurisdictions by OFAC, FinCEN or FINTRAC;
• “Maintaining the Account” means when Paydek operates the account for use by the customer.
• “Arranged Overdraft” means when Paydek and the customer agree in advance that the customer may borrow money when there is no money left in the account. The agreement determines a maximum amount that can be borrowed, and whether fees and interest will be charged to the customer.
• “Unarranged Overdraft” means when a customer borrows money when there is no money left in the account (or when the customer has gone past their arranged overdraft limit) and this has not been agreed with Paydek in advance.
• “Refusing Payment Due to Lack of Funds” means when Paydek refuses a payment from the customer’s account because there is not enough money in it (or it would take the customer past their arranged overdraft limit).
• “Allowing a Payment Due to Lack of Funds” means when Paydek allows a payment to be made from the customer’s account although there is not enough money in it (or it would take the customer past their arranged overdraft limit).
• “Direct Debit” means when the customer permits someone else (recipient) to instruct Paydek to transfer money from the customer’s account to that recipient. Paydek then transfers money to the recipient on a date or dates agreed by the customer and the recipient. The amount may vary.
• "Standing order" means when account provider makes regular transfers, on the instruction of the customer, of a fixed amount of money from the customer’s account to another account.
• “Sending Money within the UK” means when Paydek transfers money, on the instruction of the customer, from the customer’s account to another account in the UK.
• “Sending Money outside the UK” means when Paydek transfers money, on the instruction of the customer, from the customer’s account to another account outside the UK.
• “Receiving Money from Outside the UK” means when money is sent to the customer’s account from an account outside the UK.
• “Cash Withdrawal in Pounds in the UK” means when the customer takes cash out of the customer’s account in pounds at a cash machine, bank or Post Office in the UK.
• “Cash Withdrawal in Foreign Currency Outside The UK” means when the customer takes cash out of the customer’s account in foreign currency at a cash machine or, where available, at a bank outside the UK.
• “Debit Card Payment in Pounds” means when the customer uses their debit card to make a payment in pounds. This can be in a shop, online or over the phone.
• “Debit Card Payment in a Foreign Currency” means when the customer uses their debit card to make a payment in foreign currency. This can be in a shop, online or over the phone.
• “Cancelling a Cheque” means when the customer asks the Paydek to cancel a cheque that the customer has written.

LOADING THE CARD

3.1 Funds can be loaded to your Prepaid Card only from your Payment Account.

3.2 Loads from any other source other then your Paydek Payment Account is strictly prohibited

3.3 The time that it takes for your card balance to be updated when you load your card depends on the method that you use and the time that it takes for the funds to be sent to the Issuer. If the Issuer receives the funds on a business day, your card will be updated with the amount on the same business day. If the Issuer receives the funds on a day that is not a business day, the Issuer will update your balance on the next business day. You can check the transfer time, for example, with your bank or credit card provider if paying from a bank account or credit card.

3.4 When funds are loaded onto your card, the payment is made in the same currency as that of your card. The currency you have used to load your card may be different to that of the card. Your statement will show the exchange rate used which applied on the date that the card was loaded. Exchange rates may change and the exchange rate which applies when you check may not be the exchange rate that was used to convert your funds to load your card.

USE OF THE CARD

4.1 The card is a prepaid product which can be used to pay for goods and services at retailers that display the Card Scheme symbol. To use the card, present it at the time of payment. Use it in full or part payment of your purchase.

4.2 When you receive your card, you must log in to www.paydek.com and input the personal information unless your other card has been lost or stolen and you have reported the loss or theft to us.

4.3 You must not make purchases that exceed the balance of funds available on the card. Your balance will be reduced by the amount of each purchase you make. If any purchase takes you over your available funds or the card limits in force from time to time and set out in condition 3 (e.g. ATM withdrawal limit) the transaction will be declined.

4.4 You can use the card to make purchases in-store, via the internet or over the phone. The card can be used to obtain cash through ATMs. There is no cash back facility. This is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. You will not earn any interest on any funds loaded on to the card.

You must not use the card for:

4.4.1 transactions at self-service petrol pumps;
4.4.2 transactions for cash (other than ATM withdrawal) including for example cash back, cash from a bank, money orders, traveller’s cheques, foreign exchange, or bureau de change, or
4.4.4 any illegal purposes.

4.5 Your card cannot be used in situations where it is not possible for the supplier to obtain online authorization that you have sufficient balance for the transaction. For example: transactions on trains, ships, and some in-flight purchases.

4.6 We may stop, suspend or restrict your card or PIN on reasonable grounds relating to:

4.6.1 the security of your card, card number or PIN, and

4.6.2 the suspected unauthorized or fraudulent use of your card or PIN. We will, if possible, inform you before stopping, suspending or restricting your card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so.

4.7 We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honor the card.

4.8 We will not issue the main card under these terms and conditions to anyone under the age of 18 years old and subject to successful verification. We may allow you to have additional cardholders sharing your balance who are at least 13 years old.

5. TRANSACTIONS

5.1 You agree that any use of your card, card number or PIN constitutes your authorization and consent to a transaction.

5.2 The time of receipt of a transaction order is when it is received by us. If a transaction order is received after 3 pm on a business day then it will be deemed to have been received on the next business day. If receipt does not fall on a business day then it will be deemed to have been received on the next business day.

5.3 You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction, or once you have given your consent to the supplier for a pre-authorized payment.

5.4 We may refuse a transaction or suspend or terminate the right to top up your card. We may do this if the relevant phone or computer link is busy. We may also do this if:

5.4.1 a transaction might take you over your available funds on the card; or

5.4.2 a transaction might take you over any of your card limits; or

5.4.3 We reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued, or

5.4.4 We reasonably believe that there are needs to do so to comply with any law or as a matter of good practice

6. FOREIGN CURRENCY TRANSACTIONS

6.1 The card can be used for transactions which are not in the currency of the card although a fee will be applied for doing so. Those fees will be transparent and detailed on paydek statements as per the PSD2 European Union directive.

6.2 If you make a transaction in a currency other than the currency of the card we will change the amount into the currency of the card at the wholesale market rate or any rate that a government may set. We will charge a service charge (commission), see Summary Box.

6.3 Exchange rates may change, and the exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate we use on the date that we convert the transaction charge and deduct the service charge from your balance. The exchange rate applied will include this service charge. You can check the exchange rate used as described in condition 7. Your online statement will show the exchange rate and service charge.

7. CHECKING YOUR BALANCE

7.1 To check the available balance on your card or to review your transactions visit www.paydek.com. The statements, account transaction and balances will be available on our webiste and an export feature exist to extract it in PDF or CSV format free of charge. Statement of fees will also be provided annually following the new transparency requirements under PAR.

8. WHEN YOUR CARD EXPIRES

8.1 The card’s expiry date is printed on the card. You must not use the card after its expiry date and you will not be able to reload it. An additional cardholder’s card will expire on the same date as the main cardholder’s card.

8.2 If you have used your card in the period of two weeks before its expiry date we will send you an email to inform you that we will automatically transfer the outstanding balance to a new card. The new card will be issued to you free of charge and sent to you at the address you have given us under condition 15.3 within two weeks of the expiry date. This renewal will not apply to additional cardholder cards. Tell us if you do not want your card to be renewed. To do this contact us on www.paydek.com free of charge.

8.3 If your card has not been used in the eight weeks prior to its expiry date, you will be sent an email asking if you want to replace that card and keep any existing balance on it. If you request that we do this, you will be issued with a replacement card within two weeks. A replacement card fee may apply (see Summary Box).

8.4 If you renew your card in circumstances under conditions 8.2 or 8.3 this agreement will continue to apply.

8.5 If you request that your card is not renewed under condition 8.2 and 8.3 or do not request a replacement under condition 8.4, you will not be able to use it after its expiry date. You can redeem any outstanding balance on the card up to 6 years after the expiry date by following the process in condition 9. If any balance remains on the card for more than 6 years after the expiry date, it will not be refunded.

9. REDEMPTION

9.1 You can redeem all or part of your balance by contacting us on www.paydek.com up until the date that is 6 years after the expiry date shown on your card We will transfer any redeemed funds into a bank account which is in your name. We may request proof from you of the account name.

9.2 You will be charged a fee (see Summary Box) to cover redemption costs on each occasion that you redeem if you redeem all or part of your balance at the following times:

9.2.1 where redemption is requested before termination of the contract;

9.2.2 where the e-money holder terminates the contract before any agreement termination date; or

9.2.3 where redemption is requested more than one year after the date of the termination of the contract.

9.3 You will be reminded of this fee before redemption. Please note that if your balance is equal to or less than the amount you want to redeem in the circumstances listed above, the fee will equal your balance which will be reduced to zero.

9.4 You will not be charged a fee for redemption if:

9.4.1 we terminate this agreement, or

9.4.2 if the request for redemption is at termination of the contract or up to one year after that date

10. LIABILITY

10.1 You must sign your card as soon as you receive it and keep it safe. You must always make sure that you:

10.1.1 do not allow anyone else to use your card;

10.1.2 do not reveal your PIN and never write down your password(s), PIN or any security information you have given us unless you do this in a way that would make it impossible for anyone else to recognize any of that information;

10.1.3 only release the card, card number or PIN to make (or try to make) a transaction, and

10.2 If your card is lost or stolen or someone else finds out the PIN or if you think your card, card number or PIN may be misused, you must:

10.2.1 Call us immediately on 1-866-347-4781 free of charge or if unable do do so email us to support@paydek.com so that we can stop your card and PIN;

10.2.2 if we ask, write to us within seven days to confirm the loss, theft or possible misuse (the address is support@paydek.com), and

10.2.3 stop using the card, card number or PIN immediately. If you find the card after you have reported it lost, stolen or misused, you must cut it up and tell us as soon as you can.

10.3 If your card, an additional cardholder card, or any replacement card, is lost or stolen, once you have reported it you can request a replacement by calling 1-866-347-4781 free of charge. We will charge a fee for the replacement card. This is set out in the Summary Box.

10.4 You may not be liable for any use of the card, card number or PIN by another person who does not have your permission to use it or if it is lost, stolen or destroyed, unless:

10.4.1 you agreed to that person having your card, card number or PIN, or through gross negligence or carelessness, failed to comply with condition 11.1, in which case you may be liable for any use that occurs before you tell us in accordance with these terms and conditions, or

10.4.2 you acted fraudulently then, to the extent permitted by law, you may be liable for misuse of the card, card number or PIN.

10.4.3 you may only be liable to a maximum of £35 (or equivalent currency) resulting from transactions arising from the use of a lost or stolen card or from the misappropriation of the payment instrument where the cardholder has failed to keep security features of the card safe. The £35 (or equivalent currency) liability limit is applicable to each instance of loss, theft or misappropriation and not each transaction,unless you have acted fraudulently or with intent or gross negligence. If you're due a refund for an unauthorised transaction, we'll make sure you receive this no later than the end of the next business day.

10.5 If your card is used without your permission, or is lost, stolen or if you think the card may be misused, we may disclose to law enforcement agencies, any information which we reasonably believes may be relevant.

10.6 We will not be liable for:

10.6.1 any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing its usual service;

10.6.2 any person refusing to accept or honor (or delays in accepting or honoring) your card, card number or PIN, or

10.6.3 any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay.

10.6.4 money paid to you by the wrong person or money paid to you by accident. We will deduct those funds from your balance and take necessary steps to return the money paid to you by mistake or accident to the rightful owner of the funds.

10.6.5 Where a payment order is initiated directly by the payer, the payer’s payment service provider shall, be liable to the payer for correct execution of the payment transaction, unless it can prove to the payer and, where relevant, to the payee’s payment service provider that the payee’s payment service provider received the amount of the payment transaction. In that case, the payee’s payment service provider shall be liable to the payee for the correct execution of the payment transaction.

10.6.6 Where a payment transaction is executed late, the payee’s payment service provider shall ensure, upon the request of the payer’s payment service provider acting on behalf of the payer, that the credit value date for the payee’s payment account is no later than the date the amount would have been value dated had the transaction been correctly executed.

10.6.7 In the case of a non-executed or defectively executed payment transaction where the payment order is initiated by the payer, the payer’s payment service provider shall, regardless of liability under this paragraph, on request, make immediate efforts to trace the payment transaction and notify the payer of the outcome. This shall be free of charge for the payer.

10.6.8 In case of errors or disputes about transactions, call us on 1-866-347-4781 free of charge.

11. ALTERING THESE TERMS AND CONDITIONS

11.1 We may change any of these terms and conditions, including fees and charges, or introduce new terms. If we make any changes, we will give 2 months prior written notice to you by email or post in your www.paydek.com account front page announcement.

11.2 If we change these terms and conditions, the new terms and conditions will be available at www.paydek.com from the date the change takes place.

11.3 You will be deemed to have accepted any change to these terms and conditions unless you notify us of any objection before the proposed date of the change.

11.4 Between receipt of the notice and the proposed date of change, if you notify us that you do not accept the change, this agreement will terminate immediately and subject to condition 9.4.2 you can redeem your total balance at that time without charge.

12. CANCELLATION RIGHTS

12.1 If you change your mind about having the card, you can cancel it within 14 days of the date you receive confirmation of your application being approved by calling us on 1-866-347-4781 free of charge. You will not be charged for canceling the card during this period. We will refund any balance remaining on the card to you and any fees that you have paid.

12.2 We will reimburse you in the currency the same as that of your pre-paid card

13. ENDING THIS AGREEMENT

13.1 We may terminate this agreement at any time. Unless there are exceptional circumstances we will give you 2 months’ prior written notice.

13.2 You can terminate this agreement by calling us on 1-866-347-4781 free of charge. subject to conditions 12.4 and 13

13.3 If you do not redeem your full balance within 6 years of your card’s expiry date, this agreement terminates.

14. GENERAL

14.1 By entering into this agreement you agree that we may use your information in accordance with the ‘How we use your information’ section of these terms and conditions, as set out in condition 18.

14.2 We may monitor and/or record telephone calls between you and us or service providers.

14.3 You must provide us with an email and postal address and phone number and let us know of any changes.

14.4 We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement.

14.5 We can delay enforcing its rights under this agreement without losing them.

14.6 If we cannot enforce any paragraph, condition or part of a paragraph or condition under this agreement, it will not affect any of the other paragraphs, conditions or the other part of the paragraph or condition in this agreement.

14.7 This agreement is governed by the law of England and Wales. The language of this agreement is English and all notices and information given under this agreement will be in English.

15. PAYMENT SERVICES INFORMATION

15.1 This condition 16 only applies if the supplier’s bank is located within the European Economic Area (EEA) and the payment services being carried out are transacted in Euro, or another currency of an EEA member state.

15.2 We will ensure that a transaction you make is credited to the supplier’s bank, or that returned funds following redemption or cancellation are credited to your bank within these timescales:

15.3 If you use your card or provide your card details to a supplier to make a transaction before you know the amount which is going to be charged to your card, then you may be entitled to request a refund if the amount is unexpectedly large, provided that you tell paydek within eight weeks from the date the transaction is deducted from your balance but you will NOT be entitled to a refund if you have been told by us, or the supplier, of the amount of that transaction at least four weeks before the transaction is due to be deducted from your balance, and you consented to the transaction.

15.4 On receipt of such a request under condition 16.3, we may require you to provide us with the information to ascertain whether the conditions in condition 16.3 have been met. Within 10 business days of receiving a request from you under condition 16.3 or of receiving any additional information required under this paragraph, we will provide a refund or justify why we are refusing the request.

15.5 We are liable for the correct execution of the transaction unless we can prove that the transaction was received by the supplier’s bank, in which case the supplier’s bank is liable to the supplier. You may request that we make immediate efforts to trace an incorrectly executed transaction and notifies you of the outcome.

15.6 When a supplier initiates a transaction it is the supplier’s bank which is liable for the correct transmission of the relevant details to us. If the supplier’s bank can prove that it is not responsible for a transaction which has failed or has been incorrectly executed, we will be responsible to you.

15.7 If we are responsible for an incorrect amount of a transaction being deducted from your balance, we will correct the error. If we are responsible for a transaction being deducted from your balance which you did not authorize, we will refund the amount of the transaction to your balance and treat the transaction as if it had never occurred. You must inform us of an unauthorized or incorrect transaction as soon as possible and in any event no later than 13 months after the debit date. If you do not do so, we may not be liable.

15.8 We are not liable if you incorrectly identify the supplier under a transaction. In such a case, we will make reasonable efforts to recover the funds involved.

15.9 We can already return money paid to your payment instrument by mistake, however, if you don't think a payment made to you from a payment service provider in the EEA was a mistake, we may also be allowed to share your personal information with the paying payment service provider so that you can be contacted directly. This is because we are required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money which is sent to the wrong person.

16. COMPLAINTS AND HOW TO CONTACT US

16.1 If you would like to make a complaint, or contact us for any other reason connected to these terms and conditions please write to support@paydek.com . We have procedures in place to make sure that we handle your complaint fairly and quickly. You can view our Complaints Policy here. However, if you are not satisfied with the outcome of your complaint, you can write to the Financial Ombudsman Service at Exchange Tower, Harbour Exchange Square, London E14 9SR, United Kingdom.

16.2 Paydek shall answer all users’ complaints. Such a reply shall address all points raised, within an adequate time frame and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the payment service user will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.

16.3 When a complaint is received it will be passed on to the operations manager who should record it in the complaints register and send acknowledgment of receipt of complaint within two (2) working days by the same form that the complaint has been received.

17. HOW WE USE YOUR INFORMATION

17.1 We will search your record at credit reference and fraud prevention agencies. These searches are to check your identity and we do not carry out full credit reference checks or credit scoring for this purpose. We will use an automated decision-making system to assess your application and verify your identity.

17.1.1 If we are unable to verify your identity adequately, we may ask you to provide some documentary evidence to help confirm your identity and address.

17.2 Credit reference agencies may check the details you supply against any particulars on any database (public or otherwise) to which they have access. An unrecorded enquiry will be made. An unrecorded enquiry is a search that was not made for lending purposes. It cannot affect your credit rating or score when you apply for credit. It is not seen by lenders other than the one that carried out the search. It is included on your credit report so you know the search was made but does not affect your credit rating, or score, when you apply for credit.

17.3 If you give us false or inaccurate information and we identify fraud, we will record this with fraud prevention agencies. Law enforcement agencies may access and use this information.

17.3.1 The fraud prevention agencies will share records with other organizations. We and other organizations may access and use the information recorded by fraud prevention agencies overseas.

17.3.2 Please phone us on 1-866-347-4781 free of charge if you would like details of those credit reference and fraud prevention agencies. You have a legal right to these details.

17.3.3 You have certain rights to receive a copy of any information we hold about you. Please write to: support@paydek.com. We may charge you for this service.

17.4 Some information held by credit reference and fraud prevention agencies will be disclosed to us and other organizations to, for example:

17.4.1 to prevent fraud and money laundering, by checking applications for credit, credit-related or other facilities, proposals and claims for all types of insurance, job applications and employee records, and to verify your identity.

17.4.2 The information held by these agencies may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

17.5 When you have an agreement with us we may use the following types of information about you:

17.5.1 information you give us or we already hold about you, including any phone number you call us from, which we may record;

17.5.2 information we receive when making a decision about your application or agreement, including information we receive from enquiries and searches made in your name with credit reference and fraud prevention agencies;

17.5.3 information (including details of payments and transactions) we may hold about any managed account or policy which you hold with or through us, and

17.5.4 Information we receive from anyone who is allowed to provide us with information about you.

17.6 We will process, use, manage, control, release and record information about you to:

17.6.1 search credit reference and fraud prevention agencies’ records (including information from overseas) to manage your account;

17.6.2 manage your accounts and policies, and manage any application, agreement or correspondence you may have with us;

17.6.3 carry out, monitor and analyses our business;

17.6.4 contact you by post, by phone or in another way about other products and services which we consider may interest you – unless you tell us that you prefer not to receive direct marketing;

17.6.5 fight fraud, money-laundering, terrorism and other crimes, and

17.6.6 keep to any laws or regulations in any country

17.7 We may reveal information about you:

17.7.1 to any person working for us or our co-brand partner

17.7.2 to fraud prevention agencies;

17.7.3 to any organization which backs any of our products which you hold;

17.7.4 to any payment system under which we issue your card;

17.7.5 if a payment is processed through a worldwide payment system, to certain authorities in order to detect and prevent terrorism (including authorities outside the UK);

17.7.6 to any person to whom we transfer any of our rights or obligations under any agreement we may have with you, and

17.7.7 to anyone you authorise us to give information about you to.

17.8 Processing your information, as described above, may involve sending it to other countries outside of the EEA including the United States of America. In such circumstances we are responsible for making sure that your information continues to be protected.

17.9 We will keep information about you for only as long as we need to or is required to meet legal obligations.

18. SUMMARY BOX

Charges

This table summarizes key product features and information and is not intended to replace the terms and conditions of the product. The fees’ limits and restrictions that apply to each card are set out below.

The fee structure for your card depends on whether you have purchased a ‘Sterling Card’ ‘Euro Card’ or ‘US Dollar Card’.

Card limits

Transaction fees

Cash withdrawal fees

Ongoing features