Fuell Payment Service Provider Terms and Conditions
Notice: Please read the following document carefully, as it will apply to you as soon as you contract the services offered on the Fuell Platform.
GENERAL AND SPECIFIC CONDITIONS FOR THE CONTRACTING OF ELECTRONIC MONEY ACCOUNTS AND THE CARDS ASSOCIATED WITH THE SAME
The general and specific terms and conditions detailed below regulate the relationship between PECUNIA CARDS EDE, S.L.U. (hereinafter, "PECUNPAY"), with registered address at C/ Guzmán El Bueno, n.º 133, Edificio América, Bajo B, 28003 - Madrid and the HOLDER (hereinafter, the "HOLDER") whose details are included in the application form, in relation to the opening of an electronic money account and the issuance of the cards associated with the same.For the purposes of this contract, the following definitions shall apply:
"HOLDER". The company that contracts the PECUNPAY services, which will be the holder of the cards to make use of the FUELL platform. ("HOLDER also means Company").
"BENEFICIARY". Natural person authorized by the HOLDER (i.e. employees) to make use of the services contracted through the use of the card. ("BENEFICIARY also means Employee").
"FUELL": ****, legal entity that offers a flexible remuneration and social benefits management service to companies through its platform *** (FUELL also means FUELL TECHNOLOGIES, S.L. company incorporated in [-] with registered office at calle Alcalá número 155, 3º Izquierda (Madrid - 28009) and N.I.F. [-], provider of the Services in accordance with what is indicated in the Contract."
1. GENERAL CONDITIONS
1.1 GENERAL TERMS AND CONDITIONS
The parties agree that the clauses contained in this contract shall be considered as general contracting conditions, for the purposes set forth in Law 7/1998, of April 13, 1998, on General Contracting Conditions.
PECUNPAY, in its capacity as predisposer, has expressly and previously informed the HOLDER, in its capacity as adherent, of the existence of the general conditions listed in this document.
The HOLDER declares that he/she is aware of the conditions, that he/she understands them and that, consequently, he/she accepts their incorporation into the contract.
The HOLDER declares that he/she acts in his/her own name and right and undertakes to provide PECUNPAY with the documentation and information it may reasonably request in order to comply with its regulatory obligations.
This contract shall be sent to the HOLDER by email to the corresponding email address or by any other means that the parties deem convenient.Likewise, in any case, PECUNPAY guarantees the HOLDER:
That it is an Electronic Money Institution correctly registered in the Bank of Spain under number 6707 and that it has the necessary authorizations and licenses for the provision to the CLIENT of the services object of the present Contract.
That the funds deposited by the HOLDER in PECUNPAY's accounts will be automatically released when the latter so requests and that PECUNPAY, under no circumstances, may make use of said funds for any other service other than the one contracted with FUELL.
That the funds deposited may be reimbursed or withdrawn at any time, free of charge.
That it complies with all applicable regulations, in particular, with all regulations relating to Electronic Money Institutions and Payment Services.
That it makes available to the client an electronic money account (hereinafter, the "Treasury Account"), to which the HOLDER shall transfer the funds, and from which the necessary cards shall be issued in favor of its employees. PECUNPAY expressly guarantees that the Treasury Account itself is the means of payment, and that the cards are a channel for the same.
Que es una Entidad de Dinero Electrónico correctamente inscrita en el Banco de España bajo el número 6707 y que posee las autorizaciones y li
1.2 DURATION AND TERMINATION OF THE CONTRACT
The present contract shall have an indefinite duration, without prejudice to the expiration date stated on the cards issued, or on any other means of payment, which PECUNPAY makes available to the HOLDER.
With the exception of cases in which the HOLDER has contracted several products with PECUNPAY for the management of which it is necessary to keep a payment account open, or in cases determined by regulation, the HOLDER may, at any time, terminate the contract by notifying PECUNPAY in writing, without the need for any prior notice. In this case, PECUNPAY shall carry out the order to terminate the contract within 24 hours of receipt of the OWNER's request. The HOLDER must simultaneously return the card or cards delivered by PECUNPAY. PECUNPAY, for its part, shall proceed to reimburse to the HOLDER the remaining balance on the Cash Account.
PECUNPAY may terminate this Agreement by giving notice to the HOLDER at least sixty calendar days in advance.For the purposes of this Agreement, the following definitions shall apply:
Termination. The ineffectiveness of the present contract as a consequence of the non-performance of one of the parties gives rise to the right for the other party to request that the contract be rescinded, with compensation for the damages suffered.
The right of one of the parties to terminate the contract without the need to justify the decision.
1.3 CANCELLATION OF THE CONTRACT.
THE HOLDER shall have a period of 14 calendar days to withdraw from the contract, without stating the reasons and without penalty, and the period for exercising the right of withdrawal shall begin to run from the day of conclusion of the contract.
However, if the HOLDER has not received the contractual conditions and contractual information, the period for exercising the right of withdrawal shall begin to run on the day on which he/she receives such information.
The OWNER who exercises the right of withdrawal shall notify PECUNPAY or FUELL in the terms provided for in the contract, before the end of the relevant period, by a procedure that allows the notification to be recorded in any manner permitted by law. The notification shall be deemed to have been made within the deadline if it is made on paper or on another durable medium, available and accessible to the addressee, and is sent before the expiry of the deadline.
PECUNPAY may temporarily suspend the services provided, as well as any means of payment associated with the same, as a consequence of the lack of payment by the HOLDER, or for security reasons due to lack of the requested documentation, or due to suspicion of unauthorized or fraudulent practices by the HOLDER or BENEFICIARY.
When the causes for the suspension disappear, it will proceed to reactivate the service or the means of payment.
1.5 CONTRACT AMENDMENT
The OWNER shall be informed by email to the corresponding email address of any modifications established in this Agreement. However, they shall not be applicable until sixty calendar days have elapsed from the sending of the corresponding email.
If the OWNER, after learning of the new conditions, rejects them, he/she may denounce the contract with thirty calendar days' notice, by notifying PECUNPAY in accordance with the provisions of section 1.8 of these general conditions. The cancellation, therefore, must be made prior to the application of the new conditions so that they are not applicable to him/her. The OWNER shall be deemed to have accepted the modification of the conditions in question if he/she does not inform PECUNPAY of his/her non-acceptance prior to the proposed date of entry into force.
1.6 ECONOMIC CONDITIONS: COMMISSIONS AND EXPENSES
PECUNPAY states that there are no commissions and expenses associated with the different products and services contracted.
The communications, notifications and documentation that must be made by virtue of this Contract shall be made to the HOLDER at the address and/or e-mail address provided by the latter for this purpose. The communications to PECUNPAY to be made by the OWNER and the BENEFICIARY shall be made by e-mail to the following address: email@example.com
El OWNER undertakes to notify PECUNPAY of changes of address, e-mail address and contact telephone number(s), through the means made available by PECUNPAY, for such purpose, or by updating them.
1.8 CUSTOMER SERVICE
The OWNERS may file a complaint or claim with the Customer Service Department of PECUNPAY. The letter shall be submitted by e-mail to any of the following addresses:
All of the above in accordance with the provisions of PECUNPAY's Customer Ombudsman Regulations, which are available to the OWNERS on the corporate website.
1.9 REGISTRATION OF COMMUNICATIONS
The HOLDER authorizes PECUNPAY to record by magnetic, computer, electronic, or other means, all data, consultations, circumstances of the contracts and operations carried out through any of the non-face-to-face services. The HOLDER may request PECUNPAY a copy of the same.
1.10 PROCESSING OF PERSONAL DATA
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as with Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, the OWNER and BENEFICIARY agree to the incorporation of the personal data provided in the present contract, or through their browsing, of PECUNPAY's websites and, in general, those provided during the contractual relationship, to the processing activities of PECUNPAY for the fulfillment of the contractual relationship, the examination and verification of the data, for the elaboration and management of loyalty programs, the notification of any type of incident that may arise during the contractual relationship, the communication of possible modifications in the conditions of the contract and, in general, those that affect the use of the card, among other aspects, being legitimized to do so based on the execution of the contract. Your data will be kept during the execution of this contract and, subsequently, until the prescription of possible legal responsibilities.
The HOLDER and the BENEFICIARY will be responsible for the truthfulness and accuracy of all data provided to PECUNPAY, and PECUNIA CARDS EDE, S.L.U. will be the data controller. The OWNER and the BENEFICIARY may exercise their rights of access, rectification, opposition, cancellation, revocation, limitation, portability and opposition to automated decisions by writing to PECUNPAY, with address at Calle Guzmán el Bueno, 133, Edificio América, Bajo B, 28003, Madrid; or by e-mail to the following address firstname.lastname@example.org.Sus data may be transferred to third parties. Specifically, to entities linked to the financial sector and bank card processing entities. This transfer is made for the purpose of operational management of our terminals, as well as to manage the operation of secure customer authentication. However, you may revoke your consent at any time by writing to PECUNPAY.
PECUNPAY may verify the information provided by the HOLDER and the BENEFICIARY, evaluate their transactions and check their solvency. To this end, it shall be empowered to collect, communicate, request and exchange information about the state of its accounts, other solvency files or public registries, with financial institutions, credit evaluation and fraud prevention companies, as well as the Bank of Spain. PECUNPAY will be able to consult them periodically. Said procedures are necessary for PECUNPAY in order to carry out the pertinent consultations in order to comply with its obligation to analyze fraud, prevent money laundering and the financing of terrorism.
In any case, PECUNPAY may not transfer the data of the OWNER or of the BENEFICIARIES to any third party without the prior express authorization of the OWNER or of the BENEFICIARIES, except in those cases provided for by law.
1.11 PREVENTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM
The OWNER is informed of the legal obligations required of PECUNIA CARDS E.D.E. S.L.U. ("PECUNPAY" hereinafter) regarding the prevention of money laundering and the financing of terrorism, concerning the identification of the HOLDER and the real ownership, shareholding or control structure in the event that the HOLDER is a legal entity, economic, professional or business activities, origin of the funds, as well as the requirement to apply the due diligence measures established at all times by the legislation in force, among others those related to the knowledge and continuous monitoring of the business relationship.
Consequently, the OWNER shall provide, in due time and form, all the information and documentation that may be required by PECUNPAY from time to time in order to comply with the aforementioned obligations.
In the event that the OWNER is a natural person, and unless otherwise stated by the same, the OWNER expressly declares that he/she acts before PECUNPAY in his/her own name and right, recognizing him/herself, for all purposes, as the REAL OWNER in his/her relationship with PECUNPAY.
To these effects, additionally, the HOLDER expressly accepts to assume the following obligations, authorizations and measures derived from the application of the regulations for the prevention of money laundering and financing of terrorism:
a) The OWNER authorizes PECUNPAY to request from any entity -whether public or private- information on the identity or activity carried out by the OWNER;
b) The OWNER shall promptly notify PECUNPAY of any variation that may occur in his/her identification, in the identification of the real ownership, shareholding or control structure, as well as the economic, professional or business activities carried out;
c) The HOLDER accepts that, in the event of not duly meeting the requirements made by PECUNPAY for compliance with the obligations established in matters of prevention of money laundering and financing of terrorism, or if risks related to the aforementioned regulations are detected, PECUNPAY may block the operation of the card(s) and terminate the contractual relationship between the parties.
2. SPECIAL CONTRACTING CONDITIONS
By signing this Agreement, the BENEFICIARY requests the opening of an electronic money account at PECNPAY (i.e. the Treasury Account) and the issuance of the "FUELL" cards (hereinafter referred to as the "Cards").
The Cards are prepaid MASTERCARD or VISA cards, which allow the BENEFICIARY to obtain goods and professional services in those establishments that accept MASTERCARD or VISA cards, and also have a Point of Sale Terminal (POS) device, always within the limits established for that card.
The balance of the Treasury Account shall not accrue, in any case, interest or any other type of remuneration in favor of the HOLDER.
2.2 OWNERSHIP OF THE CARDS
PECUNPAY holds ownership of the cards it issues on a personal basis. Its HOLDER will be a natural or legal person, whose identity must be stated on the card itself, without prejudice to the identity of the BENEFICIARY, at the request of the HOLDER.
2.3 CARD ISSUANCE
The OWNER authorizes PECUNPAY to issue cards linked to the OWNER's Treasury Account. The Treasury Account is associated with the cards and other electronic media, so that any transaction carried out through such media will be reflected in the account.
If the HOLDER requests additional cards through the FUELL platform, each card will be associated with the Treasury Account. If the cardholder requests one or more additional cards, he/she consents to the charges that PECUNPAY may make to his/her payment account as a result of the transactions and withdrawals made with such additional cards.
2.4 VALIDITY OF THE CARDS
The Cards shall be valid until the date shown on them and shall be subject to the duration of the commercial relationship between the Cardholder and FUELL.
In the event of renewal of the cards, once the expiration date has been reached, new cards shall be sent to the Cardholder thirty calendar days prior to said date, applying, in each case, the renewal conditions applicable in the specific conditions thereof.
The renewed card shall be issued with a new card number, which shall maintain the same relationship with the original payment account and, therefore, shall maintain its conditions of use and available balance in the Cash Account.
Notwithstanding the foregoing, PECUNPAY reserves the right to cancel or modify the validity date of the cards during the term of validity of the same, as well as not to proceed with their renewal upon their expiration, with the HOLDER losing all rights related to their use.
If the HOLDER of the card cancels the payment account to which it is associated, he/she shall be obliged to simultaneously return the card, and must, in turn, reimburse PECUNPAY for the amount of the debt and expenses incurred that are pending payment, and the contract with the HOLDER shall be deemed terminated.
2.5 OPERATIONS AND LIMITS OF USE
The use of the card shall be in accordance with the instructions for use established by PECUNPAY in this contract and on its own website, as well as by the HOLDER and FUELL, without prejudice to PECUNPAY's right to modify such instructions for use. Modifications shall be notified to the OWNER. They shall be applied sixty calendar days after their notification, unless expressly indicated in each case.
Likewise, each of the Cards shall have the operating limits previously agreed between the Cardholder and FUELL. The HOLDER accepts and declares that he/she is aware of these operating limits and undertakes to communicate them to the BENEFICIARIES. PECUNPAY expressly agrees to accept and respect these limits.
The maximum total amount of transactions shall be determined by the agreement between the BENEFICIARY and FUELL.
Each transaction will be registered by PECUNPAY. The HOLDER and BENEFICIARY may access such information through the website or mobile application that FUELL makes available for this purpose.The validity of the provision made shall be presumed on the basis of the invoice, dataphone receipt, electronic terminals for registration and/or authorization of transactions, reading of its magnetic stripe or electronic chip or any other means of identification established in the conditions of use of the card, even if it does not require the display of its national identity document, Personal Identification Number or signature.
The effective use of the card will be presumed by the mere registration of the transaction in the computer files of PECUNPAY.The operations carried out by the BENEFICIARY will be considered authorized when he/she has given consent through any of the channels established for the use of the means of payment contemplated in these general and particular conditions.PECUNPAY reserves the right to block the use of a payment instrument for objectively justified reasons related to the security of the payment instrument, suspicion of unauthorized or fraudulent use of the same.
2.6 PAYMENT ORDERS
The HOLDER expressly authorizes PECUNPAY to record in the payment account the transactions carried out by the BENEFICIARY. It shall be understood that the originator has consented to the transaction when it has been carried out through any of the channels provided by PECUNPAY.
The payer may withdraw consent at any time prior to the date of irrevocability referred to in Articles 36 and 52 of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters. However, if the HOLDER does not hold the status of consumer or micro-enterprise under the terms specified in Royal Decree-Law 19/2018, of 23 November, he/she may not withdraw consent.
Likewise, the HOLDER accepts that the payment account serves as an accounting support to carry out transactions using any means of payment that is associated with it.
All debits that are duly authorized by the payers of the account, or are charged to any of them, shall be admitted as debits to the account.
When a payment order is not executed or is defectively executed, PECUNPAY will act in accordance with the provisions of Article 60 of Royal Decree-Law 19/2018 of November 23.
2.7 TOP UPS
The HOLDER must pay, in advance, a sufficient amount into the Treasury Account, and may replenish it as many times as he/she wishes through the FUELL platform.
2.8 BALANCE INQUIRY
The HOLDER and the BENEFICIARY may check the available balance of the card through the website or mobile application that FUELL makes available for this purpose, and no merchant or establishment may inform him/her about the balance of his/her card.
2.9 IDENTITY VERIFICATION
THE HOLDER agrees to cooperate with all requests made by PECUNPAY or any of its third party service providers on your behalf in connection with your Account to identify or authenticate your identity or validate your funding sources or transactions. This may include, among others, requesting additional information that would allow PECUNPAY to reasonably identify you, including requiring you to take steps to confirm ownership of your telephone number or payment instruments or to verify your information against third party databases or through other sources. The HOLDER has 5 business days to send the requested documentation or information.
PECUNPAY reserves the right to close, suspend or limit access to your Payment Account and/or the Payment Services in the event that it is unable to obtain, verify such Information or fails to comply with your requests as set forth in the preceding paragraph.
PECUNPAY may confidentially verify the information provided by the OWNER or obtain information about the OWNER or through third parties from secure databases. The HOLDER authorizes PECUNPAY or a third party on its behalf to perform such verifications.
THE HOLDER must ensure that the information in his/her account is always accurate and up to date. If at any time PECUNPAY believes that your information is out of date or inaccurate, you may contact the HOLDER and request more information or request that you go through the verification process again. PECUNPAY will not be liable for any loss arising from your failure to keep the information up to date.
2.10 MINORS OR PERSONS WITH LIMITED CAPACITY TO ACT
Minors, persons subject to guardianship and, in general, those persons with limited capacity to act must state this circumstance and, in turn, show the documentation that authorizes them to obtain the card.PECUNPAY shall not be liable for failure to comply with this obligation to the extent that it has observed the legally required precautions to verify the identity and circumstances of the HOLDER.
2.11 PERSONAL IDENTIFICATION NUMBER (PIN)
With the issuance of the card, PECUNPAY will provide a Personal Identification Number (PIN) to the BENEFICIARY who, if applicable, may modify it and which will be required for any use of the card by the supplier of the good or service, in order to accredit that he/she is the legitimate BENEFICIARY.
If the unique identifier provided by the Payment Service User is incorrect, the Provider shall not be liable for the non-execution or defective execution of the payment transaction.
2.12 OBLIGATIONS OF THE HOLDER
The OWNER is obliged to:
a) Comply with the conditions of use stipulated in this contract and, in general, verify that the payment instrument is used in accordance with the conditions governing its issuance and use.
b) To admit as supporting documents of the operations listed above, whether they are carried out by the OWNER or by third parties, with or without authorization from the OWNER.
c) Immediately notify FUELL and PECUNPAY of any irregularity in the records of transactions that appear to have been made with the card.
d) To be responsible for the veracity and to keep its data and those of its BENEFICIARIES updated.
e) Inform the BENEFICIARIES of the conditions governing the use of the card.
f) Notify PECUNPAY or FUELL immediately of the loss, misplacement, theft, misappropriation or falsiﬁcation of the card through the channel established in stipulation 1.8.
g) Return the card to PECUNPAY or FUELL when required to do so under this Agreement.
h) Destroy or deliver to PECUNPAY or FUELL the card that has expired or has been replaced.
2.13 PECUNPAY OBLIGATIONS
PECUNPAY is obliged to:
a) Cancel expired cards, as well as those reported as destroyed, stolen or lost.
b) Keep the Personal Identification Number secret.
c) To inform the cardholders of the operation, the status of the accounts and statements, the movements made through the card and to resolve any doubts that may arise.
d) Refrain from sending payment instruments that have not been requested, unless a payment instrument already delivered to the Payment Service User is to be replaced.
This substitution may be based on the incorporation into the payment instrument of new functionalities, not expressly requested by the HOLDER. This substitution shall be made free of charge for the HOLDER.
e) Ensure that adequate and free means are available at all times to enable the payment service user to report the loss, theft or misappropriation of the payment instrument or its unauthorized use.
f) Ensure that adequate and free means are available at all times to enable the payment service user to request the unblocking or replacement of the payment instrument, if the reasons for blocking its use have ceased to exist.
g) Prevent any use of the payment instrument once the user has notified it of the loss, theft or unauthorized use of the payment instrument.
2.14 EXEMPTION FROM LIABILITY
PECUNPAY shall be exempt from liability for those transactions which, although against the orderer's will, have been carried out as a consequence of an order received by PECUNPAY for whose authentication the established security requirements have been complied with.
The use of the PIN by a person other than the BENEFICIARY presupposes gross negligence or, if applicable, fraud on the part of the BENEFICIARY.
PECUNPAY, without prejudice to adopting the measures it deems pertinent, is exempt from liability in the event of lack of attention to your card by any of the merchants, banks and savings banks engaged in the sale of goods or provision of services, or due to technical or operational incidents at the ATMs. PECUNPAY will also remain outside the incidences and responsibilities that may arise from the operation carried out between the establishment and the card HOLDER or BENEFICIARY. PECUNPAY excludes, from the scope of its application, Visa's Zero Liability Policy (Visa Global Zero Liability Policy), submitting itself to the European regulations in force on the matter.
The HOLDER shall bear, up to a maximum of €50, losses arising from unauthorized payment transactions resulting from the use of a lost or stolen payment instrument, in accordance with Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the market. However, if the HOLDER does not hold the status of consumer or microenterprise under the terms established in Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters, the payer shall be obliged to bear the losses arising from unauthorized payment transactions resulting from the use of the payment instrument lost, stolen or misappropriated by a third party, as long as he/she does not communicate the loss, theft or misappropriation of the payment instrument to PECUNPAY.
PECUNPAY shall reimburse, at any time, exclusively at the request of the HOLDER through the FUELL platform, the monetary value stored in its payment account. In any case, the HOLDER must send PECUNPAY a request for reimbursement together with the original of the card through the channels provided for this purpose.
Notwithstanding the foregoing, the payer shall not be entitled to reimbursement when:
a) the payer has given his consent to execute the payment transaction directly to the payment service provider, and
b) the payment service provider or the payee has provided or made available to the payer, in the agreed form, information concerning the future payment transaction at least four weeks before the due date.
In addition, PECUNPAY's will be excluded in case of unauthorized payment transactions, if the payment instrument is used anonymously or the payment service provider is unable, for other reasons intrinsic to the payment instrument itself, to prove that the payment transaction has been authorized, following the provisions of Article 34.2.a) of Law 19/2018.
Likewise, PECUNPAY would not have to prove, in these cases, that the payments made, have been made by an authentic order, if the payment instrument is used anonymously or the payment service provider is unable, for other reasons intrinsic to the payment instrument itself, to prove that the payment transaction has been authorized, as so determined in Article 34.2.b) of Law 19/2018.
2.16 STATEMENT AND TRANSACTION INQUIRIES
PECUNPAY is exclusively responsible for the truthfulness and accuracy of the information regarding the account statements managed by it and never for the information that any other company or third party external to PECUNPAY may provide to the HOLDER or BENEFICIARY, by any means, in the event that there are discrepancies in the information requested.
3. APPLICABLE LAW AND JURISDICTION
This Agreement shall be interpreted and fulfilled in its own terms and, in all matters not foreseen, shall be governed by the Spanish legislation on the matter, and the obligations and responsibilities of the parties shall be adjusted to the same.
The parties submit to the jurisdiction of the Courts and Tribunals of Madrid Capital for any question related to the interpretation, fulfillment or execution of the present Contract, with express waiver of any other jurisdiction that may correspond to them, and in proof of conformity, the parties sign the present Electronic Money Services Provision Contract.