Annex to the General Terms & Conditions for the Provision of E-Money and Payment Services
ADDITIONAL REQUIREMENTS IN RELATION TO VISA PRINCIPAL MEMBERSHIP AND CARD RELATED SERVICES
Last Updated: September 7, 2021
- General provisions
1.1. UAB „Simplex Payment Services” (“Simplex” or “we”) became a principal member of VISA and is now able to provide Card related services to you. Due to our status as a principal member of VISA we are obliged to comply with certain VISA requirements, including a need to supplement GT&Cs so that VISA requirements would also become part of the contractual framework between Simplex and you, as our Client and Cardholder.
1.2. These additional requirements in relation to VISA principal membership and Card related services (“Additional Requirements”) are inseparable part of our General Terms & Conditions for the Provision of E-Money and Payment Services (“GT&Cs”) that were accepted by you before and they oblige us and, once accepted by you – also you, as our Client and Cardholder.
1.3. Additional Requirements are applicable only in relation to provision of Card related services. Other Services provided by Simplex to you are governed only by GT&Cs.
2.1. Unless otherwise established by these Additional Requirements, words used in these Additional Requirements shall have the same meaning as assigned to them under the GT&Cs.
2.2. The following additional definitions are relevant for these Additional Requirements:
Card – shall mean any payment card issued by Simplex to the Client which is supported by VISA and which the Client uses to purchase relevant items or pay for relevant services. Simplex shall not issue credit cards.
Cardholder – shall mean you, our Client, to whom Simplex has issued the Card and who is authorized to use the Card to purchase relevant items or services.
Card Scheme – shall mean VISA card scheme.
Card Scheme Rules – shall mean rules, regulations, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by the Card Scheme from time to time.
Client – shall mean, you, a natural person who resides in EEA or UK and who is a client of Simplex to whom Simplex issued the Card.
E-money account – as defined in GT&Cs.
Mark – shall mean brands, names, logos, trademarks, trade names or other marks put on the Card.
PCI DSS Standards – shall mean the Payments Cards Industry Data Security Standards as issued and modified by the Card Schemes from time to time.
User Account – as defined under GT&Cs.
Involved third parties – shall mean the third parties, which are involved in the cards operations or transactions processing. The partners list are given below:
VISA Europe Limited (cards network partner)
Global Processing Services (the processor)
Allpay Limited (the personalisation bureau)
Kani Payments Limited (the financial data analytics partner)
- Issue of the Card to the Client. Use of the Card
3.1. The Client shall have a right to request Simplex to issue the Card via Simplex partner website – the Client will need to click the link on the partner’s website which will direct the Client to Simplex environment dedicated for the Card ordering. The Client will be asked to answer certain questions prior to submitting an order for the Card issuing during the Card ordering processes. The Client will be requested to indicate the address to which the Client wants the Card to be delivered by Simplex as well as to provide additional information that will be necessary for Simplex to decide on the issuance of the Card to the Client (e.g. if the Client will be new to Simplex, Simplex will need to perform full identification of the Client prior to issuing the Card). Only one Card may be issued to the same Client.
3.2. The Card to be issued to the Client under Client’s request will be linked with the Client’s E-money account and its balance.
3.3. Upon the Client request, Simplex will issue a requested Card for the Client by using the Client’s information obtained from the Client during Client’s onboarding process. The Card will be issued to the Client only if all the following conditions are met:
(i) following the legal requirements Simplex will gather the sufficient information about the Client to decide on issuance of the Card to the Client; and
(ii) Simplex makes a positive decision regarding Card issuance to the Client which is subject to internal risk assessment performed by Simplex.
3.4. The physical Card will be forwarded to the address indicated by the Client during Card ordering process via regular mail or courier, approximately within 5-10 business days as of Simplex’s decision to satisfy Client’s request to issue the Card. The Client will be able to check information about the issued Card and the status of it (i.e. is it ordered and what is the expected delivery date) via the User Account. Simplex may ask the Client or the Client may request for an alternative address different than the registered address of the Client for the delivery of the Card via User Account. Simplex retains a right to ask the Client for explanation of his/her links with such additional address.
3.5. The Client will be able to check the initial PIN code of the Card in the Client’s User Account.
3.6. The Card may be used only by the Client whose data is available on the Card. Before starting to use the Card the Client shall activate the Card. For Card activation, the Client will need to sign to Client’s User Account, navigate to the Card menu and, following provided instructions, to activate the Card by entering the last 4 (four) digits of the Card number in the given field. If the last 4 (four) digits are entered correctly, this will automatically activate the Card. After the Card is duly activated, Simplex will display the PIN code of the Card to the Client through the User Account.
3.7. With a notice to Simplex, the Client shall be entitled to refuse the use of the Card at any time. For this, the Client can lock the Card via the Client’s User Account or terminate the Card by reaching out to Simplex support team (or, if such possibility is activated via the User Account – to terminate the Card via the Client’s User Account). Where the Client is not willing to renew the Card he/she must notify Simplex of that at least 1 (one) month prior to the expiry date of the Card which will be indicated on the Card. If the Client fails to inform Simplex in a timely and proper manner about his/her intention to stop the use of the Card, Simplex shall renew the Card automatically and acquire the right to charge the Client a fee for the Card issuance/renewal. The Card is renewed automatically provided that at least one transaction was made by using the Card within the past 3 (three) months, excluding the last month of the Card validity term.
3.8. Simplex shall produce to the Client the Card of the same type as the expired (blocked, lost, damaged) Card.
3.9. The Client shall block the Card via the User’s Account and shall inform Simplex immediately if the Client loses the Card (including if it is lost, stolen, made available for use of any third party, etc.). If the Client fails to block the Card and inform Simplex about the lost Card in due time, the Client will remain responsible for all losses that it may suffer as a result of inappropriate use of the Card by third parties.
3.10. In case Simplex does not distribute this type of Cards any longer, the Card that is closest by its usability and features will be produced to the Client.
3.11. If the Client entered PIN incorrectly three times in a row, the Card will be automatically blocked and the Client will be able to unblock the Card only with assistance of Simplex support team. Simplex shall be entitled, without any negative consequences to Simplex, not to unblock the Card in case of any threat that the Card might be exposed to unauthorized use or Client’s behaviour is otherwise suspicious and unblocking of the Card may create additional risks for Simplex (e.g. suspected risk of money laundering). In this case the service provision shall be renewed by Simplex decision. At renewing the service provided in cases when the service providing was suspended due to the Client‘s fault, the Client may be charged the Commission fee set in Simplex price list (including the fee for issuing a new card).
3.12. Having established or suspected that the Card might be exposed to unauthorized use or used otherwise than for intended purpose, Simplex shall restrict the use of the Card. In cases where the Card is used in an ATM, the ATM may not return the Card and the representative of the sale or service point authorized to accept the Card payments for the products or services has the right to hold it.
3.13. Payment transactions initiated by Card abroad may be affected in any other foreign currency. For instance, currency exchange may be applied and the currency exchange fee could be deducted from the Client’s E-money account. Simplex may also apply certain limitations towards payment transactions initiated by Cards if they are performed in or to countries which are unsupported by Simplex.
3.14. The Card issued by Simplex to Client will have contactless payment functionality. The contactless payment functionality will be activated once the Client has executed the Card transaction confirmed with PIN. Contactless payment limits will be available on FAQ.
3.15. The Client can use the Card for withdrawing funds from the Client’s E-money account via the ATMs and also use it for payments from POS (point of sale) devices or online via virtual POS environment. In the future, Simplex expects to offer a possibility to place funds to the E-money account via ATMs, however, this service is not yet available and the Client will be informed about the launch of such service separately.
3.16. The Card shall be valid until the last day of the month of the year stated on it.
- Basic information about gathered Client’s information and disclosure of it to VISA and other third parties
4.1. In order to issue the Card, Simplex will gather information about the Client, which may include name, surname, citizenship, tax country and id, address, employment information, occupation, sources of income and activity, financial information, purpose of simplex banking account, PEP (politically exposed person) info. The purpose for us to gather this information is to provide to the Client the VISA card and related services. The legal grounds to obtain the above mentioned information are : (a) the fulfillment of the contract between the Client and Simplex (b) legal obligations of Simplex (iii) legitimate interest.
4.2. Please be informed that for Simplex to be able to provide Card related services to you, Simplex is required to disclose certain information about you (as the Client and Cardholder) to VISA and other related third parties that may be involved in Card issuance and acquiring services. All such intended processing of your personal data will be performed in a transparent manner that meets the requirements of the applicable data protection laws which will be ensured by Simplex, VISA and other Card Scheme participants. By signing these Additional Requirements, you agree that information about you would be disclosed to them.
4.3. The recipients and processors of your personal data may be: Simplex group companies, VISA, their authorized employees, agents, third-party subcontractors and their employees, other third parties with whom the Client has agreed to share personal data (through Simplex, VISA or directly), other subjects to which it may be reasonably necessary to disclose and transfer Client’s personal data with an aim to (for example: other Card Scheme participants (if relevant), acquiring banks, credit reference agencies, law enforcement agencies, antiterrorism or organized crime agencies, fraud monitoring agencies, central banks and other authorized third parties) (“Involved Third Parties”).
4.4. Under request of VISA or other Involved Third Party, VISA or such Involved Third Party shall be provided by Simplex with the following information, data and/or documents about the Client (the list is not exhaustive): full name and other personal data about the Client (such as date of birth, citizenship, address, etc.), purpose of the purchase, a brief description of the business activities of the Client, URLs (where applicable), Client’s due diligence documentation collected by Simplex in respect of the Client, records of valid transactions submitted by the Client, other information, data, documents about the Client required by VISA or other Involved Third Party. Information submitted also covers all subsequent updates and changes.
4.5. For Simplex to be able to fulfill obligation established under clause 4.3 of these Additional Requirements, Simplex might require such information, data and/or documents from the Client prior to entering into contractual relations with the Client (for example, as part of identification process) or afterwards, in case some of the required information is missing. By accepting these Additional Requirements, you agree to be cooperative and provide all information, data and documents that may be required by Simplex and/or VISA, and/or other Involved Third Parties. Failure to do so, may result in termination of the contractual relations between Simplex and you.
4.6. Your personal data may be disclosed for reasons, all being in connection with the provision of Card related services or aim to continue provision of such services in the future. Among such reasons there might be: performance of Card related transactions, internal reporting, identification, screening and monitoring, performance of payment operation and submission of payment-linked personal data to other Card Scheme participants and related third parties, etc.
4.7. To process Card related transactions, you agree that VISA and/or Involved Third Party would be provided by Simplex with your personal data which is sufficient in scope to enable VISA and/or Involved Third Party to process any personal data of yours as required and in accordance with applicable laws or regulations.
4.8. The transfer and disclosure of your personal data may take place also worldwide. The transfer of your personal data outside the European Economic Area will be done on the basis of either appropriate or suitable safeguards as required by applicable laws and regulations or an adequacy decision by the relevant data protection authority.
- Provisions related to the Card Scheme
5.1. If the Card supports more than one payment scheme and is used at a relevant merchant’s outlet or shop that accepts different payment schemes, you, as the Cardholder, at the point-of-transaction retain complete discretion over the payment scheme that is used to initiate a transaction.
5.2. The Client acknowledges and agrees to the following:
(i) To comply with all applicable policies of Simplex and VISA as amended from time to time as will be submitted or informed by Simplex;
(ii) To comply with the Card Scheme Rules (available here: https://usa.visa.com/support/consumer/visa-rules.html) and all applicable requirements of the laws;
(iii) The Client is not the owner of the Marks (ownership may belong to Simplex, VISA and/or other Involved Third Party);
(iv) Not to contest the ownership of the Marks for any reason;
(v) VISA may at any time, immediately and without advance notice, prohibit the Client from using any of the Marks for any reason;
(vi) VISA have the right to enforce the Card Scheme Rules and to prohibit the Client and/or Simplex from engaging in any conduct VISA deems could potentially injure VISA, including damage to reputation, or that could adversely affect the integrity of the system, the VISA’s confidential information (as defined in the Card Scheme Rules) or both; and
(vii) The Client shall not take any action that could interfere with or prevent the exercise of this right by VISA.
- Modification and Termination of these Additional Requirements
6.1. Simplex shall have a right to amend these Additional Requirements unilaterally by sending via the email to the Client a written notice prior not less than 60 (sixty) calendar days, unless the amendments are in favor of the Client (e.g. applicable fees are lowered) or immediate effect is required by applicable laws or by instructions from the regulators or VISA – in such cases requirement to give prior written notice does not apply.
6.2. With the same email that will be sent to the Client with an aim to inform about the upcoming modification of the Additional Requirements, the Client will be also sent with a template of the modified Additional Requirements. The Client, seeking to keep the modified version of the Additional Requirements, shall download it from the Website or email.
6.3. If the proposed modifications negatively affect the Client (e.g. applicable fees are increased, provision of Card related services is tightened not due to changed applicable legal requirements, etc.), the Client shall have a right not to agree with the amendments made and to terminate the contractual relations with Simplex that are covered by these Additional Requirements by submitting Simplex with a written termination notice. Such written termination notice shall be submitted by the Client to Simplex before the date when amendments proposed by Simplex come into effect, i.e. during the timeframe of 60 (sixty) calendar days. Termination of the contractual relations under this clause shall not be subject to any fees applicable by Simplex.
6.4. If the Client does not notify Simplex about termination as specified under clause 6.2 of these Additional Requirements, proposed amendments to these Additional Requirements shall come into effect from the date specified by Simplex in its notification referred to under clause 6.1 of these Additional Requirements. Amendments that came into effect shall not have retrospective effect and shall not affect any rights and / or obligations that have arisen between the Client and Simplex before amendments came into effect.
6.5. Simplex shall have a right to unilaterally terminate these Additional Requirements only if it notifies the Client with a written notification sent to the Client by email or via Client’s User Account not less than prior 60 (sixty) calendar days. This clause replaces a termination right of Simplex under clause “Termination for Convenience” under Section 9 of GT&Cs.
6.6. In addition to GT&Cs termination grounds established under the GT&Cs, Simplex shall have a right to terminate these Additional Requirements and stop providing Card related services or to terminate GT&Cs unilaterally where the following reasons exist:
(i) VISA informs Simplex that the Client shall no longer be provided with a possibility to use the Card due to reasons that may be not disclosed by VISA to Simplex or by Simplex to the Client;
(ii) The Client engages in activities that are indicated by VISA and/or Simplex as prohibited or restricted activities;
(iii) VISA deregisters Simplex or Simplex itself ceases to be a member of the Card Scheme for any reason and/or if Simplex fails to have a valid authorization with Card Scheme to use any Mark placed on the Client’s Card;
(iv) It is identified that the Client engages in activity or performed actions that are deemed to be fraudulent, non-compliant or otherwise harmful to the business of Simplex, VISA, other Card Scheme members and/or other Involved Third Parties;
(v) The Client is deemed by Simplex or VISA to have conducted its activity in violation of the Card Scheme Rules and/or the PCI Standards;
(vi) The Client is about to become insolvent, be declared bankrupt, cease trading, be sold, leased or transferred or in the event of circumstances indicating the possibility of the Client becoming insolvent, be declared bankrupt, ceasing trading, being sold, leased or transferred or that in a manner the Client will not be able to comply with its obligations under the GT&Cs;
(vii) Due to any other circumstance which, at the discretion of VISA and/or Simplex and/or any authority, is considered as implicating fraudulent, wrongful activity of the Client or breach of the GT&Cs;
(viii) Full information, data and/or documents about the Client required by VISA and/or Simplex is not provided;
(ix) Other circumstances that are considered by VISA and/or Simplex as forbidding provision of Card related services to the Client.
6.7. All the above termination grounds as well as termination request received from VISA and/or other authorized person shall be considered as mandatory to Simplex and authorizing Simplex to unilaterally terminate GT&Cs immediately without giving any prior termination notice to the Client, unless VISA and/or other authorized person informs Simplex otherwise.
- Additional undertakings of the Client
7.1. The Client, besides other obligations established under the GT&Cs, shall also be obligated to:
(i) Keep the Card safe from temperature and electromagnetic field effects and physical damage;
(ii) Block the Card via the User Account in case it was missed or stolen;
(iii) Keep the PIN in secret or memorize the PIN, neither write the PIN on the Card, paper, or anything usually kept with the Card nor keep the PIN in any other form;
(iv) Use the Card only for lawful purposes, not to disclose PIN or other codes of the Card to third parties, to purchase only lawful items and services with the Card. If the Client discloses PIN or other codes that allow third persons to use the Cards, all losses and adverse effect of such actions will have to be assumed by the Client;
(v) Notify Simplex via https://support.simplex.com/hc/en-gb immediately if the Client loses the Card and/or is aware about possible unauthorized use of the Card;
(vi) Provide information that may be required for Simplex and / or VISA to perform their compliance duties in relation to Card activity, including, but not limited to transactions executed with the Card, their purposes, etc.;
(vii) To sign the Card in the dedicated place on its back immediately once the Card is received. The Card must be signed in order to be valid.
7.2. The Client may be obliged to bear the losses up to a maximum of EUR 50 relating to any unauthorised payment transactions resulting from the use of a lost or stolen Card or from the misappropriation of the Card. The preceding rule shall not apply and the Client shall not bear losses if: (a) the loss, theft or misappropriation of the Card was not detectable to the Client prior to a payment, except where the Client has acted fraudulently; or (b) the loss was caused by acts or lack of action of an employee, agent or branch (if any) of Simplex or of an entity to which its activities were outsourced. The Client, however, shall be liable and shall bear all losses if such losses were suffered by the Client while acting unfairly or if the Client intentionally or through negligence did not properly ensure Client’s duties, including the ones established in clause 7.1 above.
7.3. Security risks associated with the use of the Card shall have the same meaning as assigned to them under the GT&Cs.
- Other clauses
8.1. Fees applicable for the Card issuance, replacement, execution of Card related transaction, ATM cash disbursement, PIN replacement charge and other fees are published on the FAQ page within the website (as defined under GT&Cs and may be amended from time to time).
8.2. Once you initiate payment with the Card, amounts used to cover the transaction initiated by you via the Card will be deducted from the available balance of your E-money account the same business day when the Card transaction was initiated with no possibility to re-use the same amount for other purposes, i.e. you will not be able to re-use the same amount again. Amount used to cover the Card transaction will be actually deducted from the balance of your E-money account once the payment information within the Card Scheme and other Involved Third Parties will be settled which may vary depending on the case but should not take longer than 7 business days (exceptions are possible).
8.3. You will be able to see your Card billing statements by checking your E-money account which will include the amount spent, date and the merchant (shop) where the item or service was purchased via the Card.
8.4. If these Additional Requirements establish different requirements than those established under GT&Cs, requirements under these Additional Requirements shall prevail with respect to Card related services.