Description of Services
Fuell Card General Information
Services related to flexible remuneration
Usage fees and commissions
Access and User Registration
Limitation of Liability
Denial of Transactions
Contact and Complaints
Termination of Contract
Termination of Contract
Personal Data Protection
Jurisdiction and Applicable Law
"App" means: The Fuell mobile application.
"Particular Conditions of the Services" means: The particular conditions of the Services that will be applicable to the Company and the Employee. You can consult them by clicking here.
"Payment Service Provider Terms and Conditions" means: The particular terms and conditions of the payment service provider for the Company and the Employee. You can consult them by clicking here.
"E-money Account" means: The e-money account assigned to the Customer to which the Fuell Cards will be associated.
"Fuell" means: The company FUELL TECHNOLOGIES, S.L. company incorporated in Madrid with registered office at Calle Alcalá 155, Esc Drcha 3ºi (Madrid - 28009) and NIF B-88549076, owner of the Platform.
"PIN" means: Personal Identification Number assigned to each Fuell Card holder.
"Platform" means: The App and the Web through which the technological solution that Fuell makes available to Users is accessed.
"Providers" means: The third party providers of Services for the Platform.
"Payment Service Provider" or "Pecunpay" means: The company PECUNIA CARDS E.D.E., S.L.U. company incorporated in Madrid, with registered office at Calle Guzmán El Bueno, n.º 133 - Edificio América - Bajo B (28003 - Madrid) Spain and NIF B-86972346, electronic money institution with registration number 6707 in the Bank of Spain.
"Services" means: The different services provided to Users through the Platform and identified in the Particular Conditions of the Services and in the Payment Service Provider Conditions.
"Data Management Software" means: Fuell's data management software.
"Fuell Card" or "Fuell Cards" means: The corporate debit cards, electronic money support or multipurpose e-money, of physical or virtual nature and with nominative character, issued to the Company's Employees by the Payment Service Provider, subject to the applicable regulation of electronic money entities subject to the supervision of Banco De España. For clarification purposes, it is a debit card, not a credit card, and is not linked to the Company's or the Employee's bank account. The Company must ensure that it has sufficient funds available in the Electronic Money Account for the Fuell Card Employee to use the Fuell Card. The Fuell Card will cease to function on the expiration date indicated on the Fuell Card.
"User(s)" means: any natural or legal person, Companies and Employees, among others, using the Platform.
"Web" means: the site and corresponding domain, hosting space, page or set of pages, content, graphics and other miscellaneous information contained in such space or pages, accessible via computer, mobile devices or other electronic means of Fuell.
The use of the singular shall include the plural and vice versa.
The use of any gender includes the other genders.headings are used for reference only.
References to any legislation or rules include any successor legislation or rules, and are to the legislation or rules of the Spanish State unless otherwise expressed.
Any phrase introduced by the terms "including", "include", "in particular" or any similar expression should be interpreted as illustrative and does not limit the meaning of the words preceding those terms.
2.1. Fuell pone a disposición de las Empresas una Plataforma para la gest2.1. Fuell makes available to the Companies a Platform for the management and control of the expenses of its Employees, in a closed test phase. The Company will be the holder of an Electronic Money Account, to which it will be able to link the business expenses of its Employees by means of Fuell Cards.
3.1. The company that owns the Platform and the Data Management Software is FUELL TECHNOLOGIES, S.L.
3.2. The Electronic Money Account, the Fuell Cards and the functionalities associated with them, as well as the systems necessary for their operation are provided by PECUNIA CARDS E.D.E., S.L.U., an electronic money institution, registered with the Bank of Spain, number 6707. Pecunpay will be in charge of executing and processing all operations and payment services related to Fuell Cards. All information regarding Pecunpay can be found at https://www.pecunpay.es/legal.
3.3. The activities related to the VAT recovery are carried out by DEVOLUIVA, S.L.U. All the information related to Devoluiva can be consulted at https://www.devoluiva.com/avisolegal.
4. DESCRIPTION OF SERVICES
4.1. The most important services available to the Companies are the following:
4.1.1. Activation of Fuell Cards (both physical and virtual);
4.1.2. Total management of Fuell Cards;
4.1.3. Management of Fuell Card registrations;
4.1.4. Possibility to suspend Fuell Cards; 4.1.5. Management of Fuell Cards cancellation;
4.1.6. Full control over the amount loaded on each Fuell Card depending on the corporate budget for each Employee;
4.1.7. Control over the transactions made by each Employee;
4.1.8. Ability to upload receipts for transactions made by the Employee.
4.1.9. Ability to download reports on the transactions performed.
4.1.10. Services related to flexible compensation for Employees.
4.2. The Services that you will be able to access as an Employee are the following:
Ability to obtain a physical or virtual Fuell Card.4.2.2;
4.2.2. Access to the App;
4.2.3. Consult your transactions;
4.2.4. View your expenses and your spending limit;
4.2.5. Service related to flexible remuneration.
5. FUELL CARD
5.1. The Fuell Card is a debit card not linked to your bank account. The Company must ensure that it has sufficient funds available in the Electronic Money Account for the Fuell Cardholder, i.e. the Employee, to pay for each purchase or payment made with his/her Fuell Card.
5.2. The Fuell Card may be used by the Employee to purchase both goods and services in accordance with Clause 6.
5.3. The Fuell Card is intended to be used as a means of payment, and funds loaded to the Electronic Money Account do not constitute a deposit. No interest shall accrue to the Company and/or the Employee on the balance of the Electronic Money Account.
6. GENERAL INFORMATION FUELL CARD
6.1. Sending the Fuell Card: once the Company proceeds to register the Employee, he/she will receive the Fuell Card at the address indicated by the Company.
6.2 Activation of the Fuell Card: once the Employee registers according to the established procedure, a PIN will be automatically generated. Once this action has been carried out, certain data will be automatically crossed and it will be verified that the Fuell Card holder is the same person who has accessed the App, and the activation will be accepted or denied.
6.3. Blocking and deletion of the Fuell Card: the Company may block and unblock the card ("Freeze" and "Unfreeze") and proceed to delete the Employee's Fuell Card by requesting it via chat or by email to email@example.com.
6.4 Expiration of the Fuell Card: the duration of the Fuell Card shall be as indicated on the Fuell Card itself, although all cards shall expire upon termination of the business relationship between Fuell and the Company. It shall be at Fuell's discretion to replace the Employee's Fuell Card prior to its expiration date. The new expiration date will be the date indicated on the new Fuell Card.
6.5. Changing the Available Limit of Fuell Card: Only the Company holding the Electronic Money Account may change the limit of the Employee's Fuell Card. It is not permitted to change the limits of a card for conduct that falls under the prohibitions of Use set forth in Clause 16.
6.6. In order to prevent fraud, money laundering, terrorist financing or any other financial crime, we reserve the right to vary these limits and to refuse any reload at any time. The E-money Account and Fuell Card can only be loaded through the channels enabled for the Company on the Platform. In addition, Pecunpay may restrict or refuse to authorize any use of the Fuell Card if its use is causing or may cause a breach of these Terms of Services, or if it has reasonable grounds to suspect that the Employee or a third party has committed, or is about to commit, a crime or other abuses in relation to your Fuell Card.
6.7. Consultation of available funds of its Electronic Money Account and Fuell Card: from the Platform the Company will be able to consult the available funds and the status (i.e. amount of transactions made, a breakdown of the same) of those assigned to the Employees' Fuell Cards. The Employee from the Platform will be able to consult the available balance and the transactions made on his/her Fuell Card.
6.8. Where to use the Fuell Card: the Fuell Card can be used in all online and physical establishments where Mastercard or Visa functions are accepted, depending on the issuer of the specific Fuell Card (it can be identified on the Fuell Card itself) with debit BIM. It is possible that the functionality of the Fuell Card may be affected in so-called "Offline Transactions" and the Fuell Card is not valid for cash withdrawal transactions at ATMs. Fuell cannot guarantee that a particular retailer will accept the Fuell Card. Employees should verify with the retailer that the Fuell Card is valid before attempting to conduct the transaction. The Employee may not be able to use the Fuell Card to make purchases at certain merchants that have been blocked to prevent possible use for unauthorized or illegal activity.
Use of Fuell Cards must be carried out through an On-line Transaction, as transactions qualified as Off-line are excluded from the scope of the Fuell Card.The Employee may not use his/her Fuell Card if the Total Transaction Amount exceeds the Available Limit, or after the expiration date of the Fuell Card, or in Off-line Transactions.
Under normal circumstances, if an attempt is made to make a payment that exceeds the Fuell Card Available Limit, or after the Fuell Card expiration date, or in Off-line Transactions, the transaction will be declined.
If for any reason, a transaction is processed for an amount in excess of the Available Limit on your Card, or after the Fuell Card expiration date or in Off-line Transactions, the Employee must return the amount by which the Total Transaction Amount exceeded your Available Limit. In the event that the Employee fails to repay such amount within fourteen (14) days of Fuell's communication, the Company and the Employee grant Fuell the right to take such action as may be necessary to recover any outstanding amounts, including the exercise of legal remedies.
Fuell Cards and access credentials must not be shared. The Employee agrees not to disclose his/her password, access key or personal identification number to any third party. The Employee and/or the Company must notify Fuell immediately upon becoming aware of any breach of security or unauthorized use of the Fuell Card. Any failure to comply with the above requirements constitutes a breach of the Agreement and will result in immediate termination of the provision of the Services.
6.10. Countries where the Fuell Card operates: The Fuell Card will work in all countries where Mastercard or Visa cards operate (depending on the Card issuer). You can check the countries at the following links https://www.visa.es/ and https://www.mastercard.es/.
6.12. Unless prior notice is given in accordance with the above paragraph by the Company or the Employee, we will assume that all transactions are made by the Employee.
6.13. It is the Company's responsibility to maintain and ensure that each Fuell Cardholder keeps his or her Fuell Card and information secure. In addition, the Company shall be responsible for all transactions made with the Fuell Card, and for any losses and liabilities arising from the use or misuse of the Fuell Card or the Electronic Money Account.
6.14. The Company must ensure that each Employee keeps his or her PIN secure at all times. The Employee must perform among others the following conduct: Memorize your PIN as soon as you receive it; Never write the PIN on the Fuell Card or anywhere you normally keep your Fuell Card; Keep the PIN secret at all times, including not using it if someone else is watching; andNot disclose the PIN to a third party and therefore be the only one operating your Fuell Card.Failure to comply with this conduct may be considered gross negligence and may affect the Company's ability to claim any losses.
6.15. Reservation Transactions: Any amount subject to a reservation (i.e., a hotel reservation or car rental) will place a "hold" on available funds until the retailer sends us the final payment amount of the purchase. Once the final payment amount is received, the hold on the reservation will be removed. It may take up to 30 days for the hold to be removed. During the hold period, the Company and Employees will not have access to the pre-authorized amount.
6.16. Transactions in a currency other than Euro: If the Card is used for a transaction in a currency other than the currency in which the Card is denominated, i.e. to Euros, the transaction will be converted to this currency by the Mastercard scheme network at a rate set by Mastercard International Incorporated and Pecunpay , see www.mastercard.com/global/currencyconversion. The exchange rate varies throughout the day and is not set by Fuell, therefore Fuell is not responsible for and cannot guarantee that the Company will receive a favorable exchange rate. Changes in exchange rates may be applied immediately and without notice. You can ask Fuell for information on the exchange rate used after the transaction has been completed by contacting our Customer Service.
7. SERVICES RELATED TO FLEXIBLE REMUNERATION
7.1. Fuell's services through which the Companies may offer their Employees flexible remuneration, with the existing legal limitations and, if applicable, those indicated by the Companies. 7.2. The Employee may make use of flexible remuneration (e.g. meals, transportation) by means of the Fuell Card, in accordance with the limitations established by his Company and the existing legal limitations. 7.3. The Available Limit associated with the Employee's Fuell Card is determined in euros (€). The Employee may use the Fuell Card up to the Available Limit, subject to the limitations determined by your Company and to compliance with existing legislation, which the Employee expressly agrees to comply with. 7.4. The Company shall indicate on the Platform the Available Limit per Employee. Once the Company has registered the service related to flexible remuneration, it shall be activated for the Employees from day one (1) of the month following the registration. 7.5. The Company may modify the conditions at any time, although they shall be effective on the first (1st) day of the month following the modification. 7.6. The Employee whose Company has contracted this service, may make use of it in any establishment that admits the Fuell Card and that complies with the possible limitations of his Company. 7.7. In addition, the Company may offer its Employees childcare service in centers affiliated to the Fuell network. 7.8. The Company: (i) declares to know, accept and comply with the regulations applicable to this service related to flexible remuneration and, specifically, Royal Decree 439/2007, of March 30, which approves the Regulation of Personal Income Tax and amends the Regulation of Pension Plans and Funds, approved by Royal Decree 304/2004, of February 20; (ii) undertakes to review, with due diligence, the use made by its Employees of the flexible remuneration and (iii), if applicable, to make the corresponding withholdings in cases in which the Employee's consumption exceeds the exempt amount. 7 .9. Likewise, for access to the provision of the service related to flexible remuneration, the Company undertakes to sign an agreement with potential Employees who wish to benefit from it, in which it shall expressly state the prohibition of accumulating balances on days in which there is no consumption by the Employee and that, where appropriate, such unused consumption shall be accumulated to a subsequent period. 7.10. Fuell is not responsible for the use of personal data made by the establishments where Employees make use of flexible remuneration.
8. PRICE OF USE AND COMMISSIONS
8.1. The price per Employee is five (5) euros per month (plus applicable taxes and withholdings). This price shall include one (1) physical card and five (5) virtual cards. The replacement cost of each physical card will be 6.5 €.
8.2. If Fuell modifies the price, it must notify the Customer with 30 days notice. The Customer shall have the option to terminate the Agreement, if applicable.
8.3. The Payment Service Provider shall charge the following Fees to the Company:Fuell Card activation and recurring fees:
a. Initial physical card fee (max. 1 card per Employee €0.00).
b. Physical card replacement fee: €6.5.
c. Initial virtual card fee (no charge for the Employee's first card, regardless of the number of cards requested): 0.00 euros.
d. Additional virtual card fee (max. 5 cards per Employee): 0.00 euros.
e. Virtual card replacement fee: 6.5 euros.
Fees for the loading of Fuell Cards by the Company:
a. Charging by bank transfer (no commission applied): 0.00 euros.
b. Charge by virtual POS: Assigned fee + 0.10 euros. The assigned fee is understood to be the fee that Pecunpay, as the acquiring entity, has to assign to the owner of the card operating at the POS plus the Visa or Mastercard and Redysis commissions.
a. Cash withdrawal at domestic ATM: Not allowed.
b. International ATM cash withdrawals: Not permitted.
c. ATM balance inquiry (no commission is applied): Not allowed.
d. Purchase in international commerce Euro Zone (currency other than the Euro): 1.15%.
e. Purchase in International commerce Non Euro Zone: 1.50% of the value.
a. Commission for Refund of Funds: 0.00 euros.
b. Commission for cancellation: 0.00 euros
c. Chargeback: 15.00 euros
Commission to success of 50% of the VAT of the invoices that Fuell manages to recover for the Company from the tickets that the Company has uploaded to the Platform. Fuell is not responsible for the VAT deductible expenses for the Company with respect to the Tax Agency or other collecting agencies.
9.1. Fuell shall invoice the Company on a monthly basis, based on the number of Users and Services contracted, as well as any valid alternative agreement between Fuell and the Company made on a separate order form. The form of periodic billing will be done by any billing method Fuell decides to implement, by way of example and not limitation: automatic billing through the Company's Fuell Cards or billing by issuing the corresponding invoice. Billing cycles may be monthly, quarterly or annual.
9.2. If automatic billing does not occur for any reason, Fuell will contact the Company. The Company shall have five (5) business days from the time of such communication to provide a valid method of payment. In any event, in the event of non-payment within 10 days or in the event that upon Fuell's request, the Company fails to correct the billing data within the aforementioned period, Fuell reserves the right to suspend the Services and recover any outstanding debt or overdue payment directly from the Company or through a third party collection service.
10. USER ACCESS AND REGISTRATION
10.1. Access to the Services:
10.1.1. Those validly constituted legal entities that successfully pass the validation system (see Clause 9.2.2.) may access the Services as Companies and those natural persons, employees of a Company that are registered by it, may access the Services as Employees.
10.1.2. In order to fully access the Services, an Internet access point must be available and, in the case of the Services that are executed through the App, the App must be downloaded.
10.2. Registration Procedure:
10.2.1. Companies must complete the form provided by Fuell for the purpose of Registration, in which they must indicate:
10.2.1.1. Name and first surname of the Company's representative;10.2.1.2. Professional e-mail address;
10.2.1.3. Professional telephone number;
10.2.1.4. Number of employees of the Company.
10.2.1.5. Country in which the Company's registered office is located.
10.2.2. Once you have submitted your request according to the form provided by Fuell, Fuell will contact the Company at the email address provided, in order to collect the necessary information to perform our internal validation process and comply with the requirements set forth in the applicable regulations on prevention of money laundering and terrorist financing.
10.2.3. Upon successful completion of the validation procedure, which Fuell will perform internally, or through a third party who will have access to the data necessary to perform validation, the Company will be registered.
10.2.4. Fuell may request additional information from Companies during the validation phase or, where appropriate, for access to specific services. Employee Registration: once the Company requests the registration of the Employee by including their name and valid email address and once verified that it conforms to the conditions contracted by the Company, a link will be sent automatically to the email address provided, for the employee to complete their registration as an Employee for which the following information must be included:
10.2.4.1. Name and surname;
10.2.4.2. telephone number;
10.2.4.3. National Identity Card and expiration date;
10.2.4.4.4. password for access login; and
10.2.5. Once the user has been registered as an Employee, he/she shall be granted an exclusive PIN number to operate with his/her Fuell Card.
10.2.6. Those persons under 18 years of age or without capacity to act, may not register.
11. TESTING STAGE
11.1. The Platform is currently undergoing testing, as a result, there may be errors in the operation or delays in the provision of the Services, as well as temporary loss of some or all functionality, however, Fuell will make its best efforts to avoid these situations.
11.2. Fuell initially plans to complete the testing phase on March 1, 2020.
11.3. Fuell during the testing phase and without notice Fuell may proceed to terminate the Agreement and the Payment Service Provider will proceed to terminate the E-money Account.
12. COMPANY WARRANTIES
The Company guarantees that:
12.1. It is duly constituted and registered in accordance with the applicable regulations.
12.2. Its representative is duly authorized and has sufficient power of representation to be bound by the terms set forth in the Agreement.
12.3. Understands that this Agreement is binding, that it generates a series of obligations and commitments to be fulfilled by both the Company and the Employee.
12.4. Declares that the acceptance of the Agreement does not imply the breach of previous obligations that it may have contracted with third parties.
12.5. That it has the required authorizations to communicate to Fuell, the data required to register its workers as Employees.
12.6. It is not in a state of bankruptcy or insolvency and has not filed for bankruptcy or is in a situation of pre-bankruptcy.
12.7. It holds all the necessary licenses or authorizations according to the applicable legislation, to carry out the activities that are proper.
12.8. It owns the intellectual or industrial property rights necessary for the provision of the Services (e.g., trademarks, logos ...).
12.9. That it complies with all applicable laws relating to money laundering.
12.10. That it knows and has communicated to its Employees (and therefore, they also know them), the existing legal limitations, regarding the use of the Fuell Card, especially in relation to the service related to flexible remuneration; and that it undertakes (as well as its Employees) to comply with such limitations. 12.11. Undertakes to exclusively allow the Employee to use the Fuell Card and any other services provided under the Agreement in the exercise of his own activities.
12.12. Will proactively ensure that the use of Fuell Cards by its Employees is in accordance with the provisions of the Agreement.
12.13. That, in the event of detecting any violation of the above guarantees, it will inform Fuell as soon as possible and immediately proceed to take corrective measures as necessary to reverse the situation and to collaborate with Fuell, or with any agency or entity, if necessary.
13. LIMITATION OF LIABILITY
13.1. Subject to the conditions set out below, neither Fuell, nor its directors, employees, partners, agents, suppliers or affiliates, shall be liable, either in contract or tort (including liability for negligence), in addition to the cases set out in the General Terms and Conditions of Use, for:
13.1.1. any failure or error in connection with the use of Fuell Card resulting from abnormal and unforeseeable circumstances beyond Fuell's direct or indirect control which could not be avoided despite the utmost diligence employed by Fuell (e.g. a failure of data processing systems and network services);
13.1.2. Goods or services purchased by the Employee using the Fuell Card, where a retailer provides a refund for any reason (e.g. if the Employee returns the goods as faulty), it may take several days for notification of the refund and the money itself to be credited back to the E-money Account;
13.1.3. Loss of money, profits, business, data or other tangible or intangible losses, resulting (i) from access to or use of or inability to access or use the Services; (ii) from any conduct or content performed by a third party on the Services; (iii) from content that may be accessed through the Service; (iv) from Fuell's failure to comply with the Employee's spending limits defined by the Company; (v) from fraud; (vi) from breach of spending policies or other unauthorized use of the Service or Fuell Cards by anyone internal to your organization; (vii) from unauthorized access, use or modification of your transfers or the contents of the Services; and (viii) from the deletion, corruption or failure to store any of the data used or processed in the provision of the Services. The Company is advised to maintain its own records and copies of the data;
13.1.4. for any loss of profit or any indirect, special or punitive damages which may arise from the use of the Fuell Card; 13.1.5. for any error in relation to the Available Limit where this is due to an error by the Company or a lack of balance in the Customer's Electronic Money Account;
13.1.6. When the third party with whom the transition is made refuses to comply with the transaction;
13.1.7. Fraud, breach of spending policies or other unauthorized use of the Service or Fuell Cards by anyone internal to your Company;
13.1.8. Retailers' acceptance of the Fuell Card;
13.1.9. The acts and omissions of the Providers, who are solely responsible for the services provided by them, nor for the technical, commercial or moral reliability of the Providers, nor for the conclusion, good faith or regularity of the contracts or agreements between the Users and the Providers.
13.1.10. In any case, Fuell is not responsible for any loss, damage, error or discrepancy that may arise from the use of the Electronic Money Account and Fuell Cards; being the Payment Service Provider in its capacity as an electronic money institution the only responsible within the framework of the terms and conditions stated herein and the Payment Service Provider Conditions. Any claims in this respect should be addressed to: firstname.lastname@example.org.
13.1.11. Any damages caused by the User as a result of the breach of any of the obligations to which he/she is subject by these Terms of Services, will be the sole responsibility of the User, responding to Fuell and / or any third party that may have been harmed by the breach of the User.
13.2. In the event that the Employee's Fuell Card is defective due to fault attributable to Fuell, Fuell's liability shall be limited to the replacement of the Fuell Card.
13.3. In the event that, for reasons attributable to Fuell, sums are incorrectly deducted from the Employee's Fuell Card account, liability shall be limited to crediting the Employee's account with the amount erroneously deducted.
13.4. In any event, the maximum liability shall be limited unless otherwise provided by law, to the Employee's balance at the time of the occurrence.
13.5. The Company and the Employee shall be solely responsible, exonerating Fuell in any case, if they have used or allowed, directly or indirectly, the use of the Fuell Card in a manner contrary to the provisions of the Agreement or for illegal, unlawful or immoral purposes.
14. FUELL INSOLVENCY
In the event that Fuell is declared insolvent, Fuell has taken steps to secure the funds provided by the Company. Should this situation arise, please contact the Customer Service Department who will inform you of all the details of the protocol adopted in the event of the declaration of an impossible insolvency.
15. SUPPLIER SERVICES
15.1. The relationship between the User and the Providers, including the Payment Service Provider, is direct and exclusive. Fuell acts as an intermediary, providing the Platform for viewing and contracting the Services and providing you with a simple interface to use and manage.
15.2. The User agrees that, with respect to the Services provided by the Suppliers specified or through the use of these, any claim, legal remedy or civil liability that may arise directly or indirectly from actions or omissions made by the Suppliers, shall be directed exclusively against this company and not against Fuell, you can contact them through the following Link set out in Clause 3.
15.3. Notwithstanding the foregoing, if you detect any irregularity in the Services provided by Fuell, please contact us through the channels provided by the Customer Service.
16. REFUSAL OF TRANSACTIONS
Transactions may be denied, in the event that they incur in any of the prohibitions of Use of clause 5 of the Conditions of Use and/or in the circumstances set forth in Clause 13 of the present Particular Conditions of the Services and/or the limit established by the Company for the Employee's expenses is exceeded.
17. CONTACT AND COMPLAINTS
Any complaint or claim, communication or notification should be addressed to Fuell's complaints department, whose contact details are as follows: email@example.com.
18. INTELLECTUAL PROPERTY
18.1. Fuell holds all rights to the content, design and source code of the Platform and Fuell Cards and, in particular, including but not limited to, images, text, logos, designs, trademarks, trade names, software files, which are included in these. Such rights are protected by the Spanish and international legislation in force regarding intellectual and industrial property.
18.2. It is expressly forbidden any use by third parties of the same or any similar identifying sign that may lead to confusion about its origin or ownership, without prior written permission from Fuell requested by the channels provided to communicate with Fuell.
18.3. The User agrees to use the contents to which it may have access as a result of the Contract, in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, evading or manipulating the "copyright" and other data identifying the rights of Fuell or its partners or its owners incorporated into the contents, as well as the
19. CONTRACT CANCELLATION
19.2. If the Company proceeds to request the termination of the Contract prior to the termination date of the Contract, the Employees' Fuell Cards will be blocked, the Electronic Money Account will be cancelled and the Company will be refunded the deposited amounts free of charge except for the fees indicated below.
19.3. In the event that you request a refund of such amounts prior to the termination of the Agreement, you will be charged a fee for refunding the Company's funds from the Agreement in accordance with Clause 4 of the Terms and Conditions of the Services, such fee to be charged preferably from the funds deposited in the Electronic Money Account by the Company. Once the aforementioned commission has been deducted, the remaining amount shall be transferred, except for exceptional reasons, by means of a transfer to the bank account designated by the Company.
19.4. In addition, if he/she opts for prior cancellation, the Company shall be charged for the full month in which he/she exercises his/her right, as well as for the months that were unpaid at the date of the request for resolution and for all the amounts owed by the Company or the Employees.
19.5. The Company may also withdraw all or part of the Funds prior to the termination of the Contract. At the time of such withdrawal the Company shall be charged a Redemption Fee for the cancellation of the drawdown in accordance with Clause 4, as the case may be.
19.6. The withdrawal request may be temporarily stopped if the Company has provided false information, if we are concerned about the security of a transaction, if there is any irregularity in the Electronic Money Account and it is not in good standing or if there are insufficient funds available to cover the Client's Redemption Fee.
19.7. If the Company requests a refund of the entire balance remaining in your E-money Account in accordance with this clause, we will assume that it is your intention to terminate this Agreement and we will cancel your E-money Account and the Employees' Fuell Cards. If for any reason the Company has any funds available after termination of the Agreement, the Company may recover them in full for up to  years after termination. Provided funds are available, we will charge you a Client Funds Redemption Fee if you request redemption more than one year after termination of the Agreement.
20. TERMINATION OF THE CONTRACT
20.1. The initial duration of the provision of Services by Fuell shall be 1 year from the date on which the Company acquires the provision of the Services and accepts the present Terms of Services. The provision of the Services shall be renewed for annual periods, unless notice is given by either Party two (2) months prior to the end of such term.20.2. Fuell may terminate the Agreement or suspend the Electronic Money Account or the Services, without notice and without incurring liability, if:
20.2.2. If the Company or the Employee acts inappropriately with Fuell's personnel or any of its agents or Suppliers.
20.2.4. By Fuell's unilateral decision, in this case, Fuell shall give the Company thirty (30) days' (30) notice.
20.3. Upon termination of the Contract, the Company and the Employee shall lose the right to use the Services, Fuell shall proceed to block the Employee's Fuell Cards, cancel the Electronic Money Account and return to the Company the amounts deposited free of charge. In any case, upon termination of the Agreement and prior to recovery of funds by the Company, all amounts due to Fuell must be paid.
21. DATA PROTECTION AND PRIVACY
21.2. In the event that a Client wishes to register an employee, the Client shall provide Fuell with the name, surname and email address of the employee in order to provide a link and complete the registration as an Employee. In this regard, it shall be the Client's responsibility to provide this data correctly ensuring its accuracy and Fuell will not make any use of this data beyond those necessary to provide its Services.
21.3. The Client and the Employee are fully responsible for the personal data provided to Fuell to provide its Services and shall be liable, in any case, for its adequacy and accuracy. Therefore, Fuell shall not be liable for any data provided by both the Client and the Employee that are not true, adequate and / or truthful.
21.4. To the extent that Fuell will process the professional contact details of the Clients and the personal data of the Employees as set forth in these Special Conditions of Services, it may subcontract the provision of all or part of the Services described herein to the indicated Providers.
21.5. The Client shall defend and hold Fuell harmless against all claims, costs, damages, liabilities and expenses (including attorneys' fees) arising out of the Client's breach in relation to its professional contact data and the personal data of its Employees.
22.1. If any of the clauses included in these Terms of Services is declared, in whole or in part, void or ineffective by any court of competent jurisdiction, the remainder shall not be affected and shall continue in full force and effect. If Fuell needs to make any operational changes prior to complying with any new legal or regulatory requirements, Fuell will use its best efforts to make such changes as soon as technically and reasonably practicable.
22.4. Fuell may exercise the Services itself or through any company or entity under its control or within its group. Likewise, Fuell reserves the freedom to assign the provision of the Services, or its contractual position to any company in its group or third party without prior consent. The third party acquirer shall undertake to provide the Services with the same quality standards as those employed by Fuell.
22.5. Neither the Company nor the Employee under the Contract may not assign, transfer or convey any of its rights, without Fuell's prior written consent.
22.6. The Agreement constitutes the entire agreement between the Company, the Employee and Fuell and supersedes all prior agreements, including communications, representations or agreements, oral or written, with respect to the subject matter (except fraudulent representations), notwithstanding that specific agreements or contracts may subsequently be entered into.
23. JURISDICTION AND APPLICABLE LAW
The Conditions of Services shall be governed by the provisions of its clauses and, where not provided for, by Spanish common law, as well as by good practices and uses, expressly submitting the Companies, the Employee and Fuell to the jurisdiction of the Courts and Tribunals of Madrid city for any actions and claims that may arise from this relationship, provided that a specific jurisdiction is not established by virtue of mandatory law.