Bankz Visa Corporate Debit Card - Terms & Conditions
Company Name: BNKZ NETWORK LIMITED
BNKZ Network Ltd (hereinafter “Bankz”), under UK company registration number 13003173, located at 2nd Floor, 201 Haverstock Hill, London NW3 4QG England, provides a digital banking network platform solution. Visa Business Debit Cards are issued and operated by Wallester AS (registration number 11812882) a Payment Service provider, registered office at F. R. Kreutzwaldi 4, 10120 Tallinn, Estonia (hereinafter: "Wallester"), which holds activity license No.4.1-1/224 issued by the Estonian Financial Supervision and Resolution Authority.
These Terms & Conditions (the “Agreement”) are a legal agreement between Bankz and you and any person or organisation for which you have authority to act. This Agreement governs your use of our website located at http://bankz.eu (the: "Website") and the associated software and services (collectively the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BANKZ SERVICES.
If you do not agree to this Agreement, do not use the Services.
As used in this Agreement, the words “you” and “your” refer to you, a User of the Services and the Party agreeing to this Agreement. The words “we”, “us”, “our” and any other variation thereof, refer to Bankz. Any reference to Bankz in this Agreement also includes, as applicable, their respective affiliates, directors, officers, employees, contractors, owners and agents.
- Acceptance of Agreement
- Description of the Service: Visa Business Debit Cards
- An Independent Third-Party
- Bankz is an independent, third-party service that is not formally affiliated withWallester. You acknowledge and agree that your use of the Services does not in any way constitute a tri-party agreement between you, Bankz, and Wallester.
- Accordingly, neither Bankz nor Wallester have responsibility nor will have liability forany consequences resulting from your interactions or contracts with Recipients, including but not limited to payment terms, the proper and timely delivery of goods or services, and any associated disputes which may arise. You further acknowledge that your use of Bankz Services does not alter or affect any Recipient payment terms including but not limited to deadlines, payment plans, late fees, and refunds. Neither Bankz nor Wallester endorse, recommend, or bear any responsibility or liability for any products, services or statements presented by Recipients.
- Recipient statements and opinions are not representative of Bankz nor its business partners.
- Bankz Fees
- You understand and agree that Bankz may charge a Merchant Onboarding Fee(Setup Cost) for the Service. You will receive an invoice from Bankz and you will be required to transfer the invoice amount by electronic payment transfer within 5 business days from the date of receipt of the invoice.
- Merchant Onboarding Fees may vary, depending upon different risk factors whichmay or may not be controlled by Bankz. Fees are subject to change at any time and presented to you during review of your Bankz Card Services card programme offer, prior to submission of your details to Wallester.
- For the latest Bankz Fee schedule please refer to Bankz Cards Price List
- Bankz Card Services may choose to Credit your ‘FUNDING’ account with a value of EUR in order to allow the Merchant to start issuing virtual cards immediately after accepting these Merchant Terms & Conditions, within the Bankz Administrator dashboard.
- Refund Policy
- Bankz has a strict No Refund Policy. Once your account has been approved you are required to pay the Merchant Onboarding Fee [MOF] in full.
- You are responsible for all, if any, applicable local taxes arising from your use of theServices.
- You are furthermore responsible for all fees, fines, penalties and other liabilityincurred by Bankz, yourself, or a third party caused by or arising out of your actions that constitute a breach of this Agreement, and/or your use of the Services.
- You agree to reimburse Bankz or a third party for any and all such liability.
- Third Party Services and Links to Other Websites
- The Services may enable you to connect to Third Party Services or products (“ThirdParty Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding their respective Terms and Conditions for these services. Bankz are not responsible nor liable for the performance of any Third Party Services.
- Further, you agree to resolve any disagreement between you and a Third Partyregarding the Terms and Conditions of any Third Party Services with that Third Party directly in accordance with the Terms and Conditions of that relationship, and not Bankz.
- Your browsing and interaction on a Third Party website, including those that have alink in the Services is subject to that website’s own Terms, Rules and Policies.
- Limitation of Liability
- Disclaimer of Warranties
- your breach of any provision of this Agreement
- any actions taken by Bankz or Wallester pursuant to your instructions
- your use of the Bankz Services or any Wallester services
- your obligations to pay any agreed fees or fines (if any) to Bankz, Wallester or any
- negligence or wilful misconduct of your affiliates, employees, contractors, or agents
- all Third Party indemnity obligations Bankz or Wallester incur as a direct or indirectresult of your acts or omissions (including indemnification of any payment card network, card issuer, or intermediary bank).
- Consent to Electronic Disclosures
- Disclosures or notices provided in connection with the Services, including anyrequired by applicable law
- Any Customer Service communications, including communications with respect toclaims of error or unauthorized use of the Services
- Any other communications related to the Services or your Account
- Dispute Resolution
- This Agreement shall be governed by, and construed solely in accordance with theLaws of England and Wales. The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree on the terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator according to ICC rules in London (if there is no other arbitration agreed between both parties), whose decision shall be final and binding. Arbitration shall be conducted in the English language.
- The arbitrator shall retain authority to decree any and all relief of an equitable natureincluding, but not limited to, such relief as a temporary restraining order, a temporary and/or a permanent injunction, and shall also be able to award damages, with or without an accounting and costs. Company shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding in connection to, arising out of, or under the Agreement.
- Release of Bankz and any Bankz Partner
- Complete Agreement. This Agreement together with any other Bankz documents, policies and/or agreements referenced herein sets forth the entire understanding between you and Bankz with respect to the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Intellectual Property. “Bankz” and all logos related to Bankz, are either trademarks or registered trademarks of Bankz or its licensors. You may not copy, imitate, or use them without Bankz’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bankz. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Bankz website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of Bankz and its licensors.
- Force Majeure. Neither Bankz nor the Financial Institution shall be liable for any issues or delayed performance caused by circumstances beyond Bankz or the Financial Institution’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Bankz prior written consent. Bankz reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
- Severability. If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
- No Waiver. If Bankz fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.
- Contacting Bankz. Unless otherwise stated in this Agreement, notices, inquiries, and requests to Bankz should be emailed to firstname.lastname@example.org
By accessing the Services, you agree to, and are bound by, this Terms & Conditions Agreement. If you do not agree to this Agreement, do not use the Services. You represent that you have authority to enter into this Agreement on your own or on behalf of any person or organisation for which you act.
Bankz may modify this Agreement at any time in its sole discretion by updating this posting. We will take reasonable steps to notify you of any material changes to this Agreement. Your continued use of the Services after a modification signifies your agreement to the modification. If you have any questions about this Agreement, please contact us at email@example.com
Visa Business Debit Cards are issued and operated by Wallester AS, an official Visa Principal Member and a Payment Service Provider authorised by the Finantsinspektsioon (Estonian Financial Supervision and Resolution Authority).
Bankz offers the development and sale of technology solutions/services. For the avoidance of doubt, Bankz and Wallester are considered independent companies and are neither agents nor employees of the other Party. Neither Party shall have the authority to make any representations, warranties or undertakings of any kind or to take any action binding upon the other Party except as expressly provided in this Agreement or as authorised in writing.
In order to use this Service, you must:
i. Use the Service on behalf of a business entity or as a freelancer
ii. Have a valid and active company e-mail address
iii. Be an individual of at least 18 years of age and able to form legally binding contracts under applicable law
iv. Other restrictions may apply
Creating an Account
In order to access this Service as a User, your Company’s Administrator must create an Account (“Account”). When the Administrator sets up the Account, they can then Create Cards. For this to be successful they will be required to create User log-in credentials, providing certain types of Personal Information including your name, a valid company email address, information about your business and a strong password (collectively, your “Registration Information”).
As part of the KYB on-boarding process, You agree to provide true, accurate and complete company registration Information (and to notify Bankz promptly if any of your KYB registration information, including your company email address changes.
After initial login, your allocated Company Admin can create an additional Account and designate a Representative. After this initial Admin setup, they can request virtual cards to be created, and or an order for a physical Bankz card. The user will then receive electronic details to the User dashboard and manage their card service attributes (3D secure) actions, transactions and statements.
You agree that you will take reasonable precautions to safeguard your password and other authentication details and keep them confidential vi. You are responsible for all activity that occurs in association with your Card vii. Bankz is not liable for any loss or damages caused by your failure to maintain the confidentiality of your login credentials.
You understand and agree that Bankz technology as well as the platform itself is operated and managed by Bankz to provide services to You, however the financial interface including permissions and actions you perform in regards with the Visa Corporate Debit Cards is managed and controlled entirely by Wallester. Nevertheless, the operations, that is using the Card in a terminal to pay for goods and/or services or obtain information and/or cash withdrawal ("Operations"), may be carried out only by You personally. Bankz has a right to assume that all the Operations have been carried out by You and according to your will, until proven otherwise.
Therefore, it is clear that bankz shall not be liable for any lost profits or any special, incidental or consequential damages including loss of income, data, profits, revenue or business interruption, or cost of substitute services, or other economic loss.
Bankz shall not be liable for any Third Parties involved in performing Operations, for goods or services paid by Card, and in cases where the Card acceptance is refused for the performance of an Operation.
Please note that Wallester has the right, according to its Business Account & Card Agreement, to terminate the provision of services to You by giving You at least two (2) months’ ordinary notice thereof. In such case, Bankz will close your account commencing from the end date of the full termination notice period without You having any right to compensation or any claim against Bankz.
IN NO EVENT SHALL BANKZ, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BANKZ PARTIES”) OR WALLESTER, THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT BANKZ OR WALLESTER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL LIABILITY OF THE PARTIES (IN AGGREGATE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED IN THE THREE (3) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION AROSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such case, the liability of the Parties shall be limited to the greatest extent permitted under applicable law.
PARTIES PROVIDE THEIR RESPECTIVE SERVICES “AS IS” AND WITHOUT ANYREPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PARTIES ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PERFORM OBLIGATIONS UNDER THE AGREEMENT AND DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU, BANKZ, WALLESTER, OR ANY THIRD PARTY.
Bankz does not guarantee continuous, uninterrupted or secure access to any part ofour Service, and operation of our site may be interfered with by numerous factors outside of our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
You agree to defend, indemnify and hold Bankz harmless (including payment of reasonable attorney’s fees) against any claim or demand (including attorneys’ fees) made or incurred by any Third Party arising out of or relating to:
Consent to Communications. Because the Services are provided electronically, you agree that Bankz may provide important information electronically. Bankz will issue the following information and disclosures (collectively “Communications”) electronically via the Bankz Services or via electronic mail (“email”):
Consent to Text Messages. By entering into this Agreement or using the SERVICES, you agree to receive TEXT MESSAGES FROM BANKZ TO THE MOBILE TELEPHONE NUMBER PROVIDED TO US DURING CARD CREATION. Text messages from BANKZ may include but are not limited to: operational communications concerning your Account or use of the Services, updates concerning new and existing features of the Services, and communications concerning promotions run by us or our third-party partners. Your consent is required for but not limited to the purpose of SMS distribution, to the provided Mobile Telephone number, for the purpose of One Time Passwords (OTPs) and as Secure Customer Authentications (SCA) requirements under Payment Services Directive (PSD2). Standard text messaging charges applied by your mobile phone carrier could apply to text messages we send.
Withdrawal of Consent to Text Message. If you wish to opt out of promotional texts,you may email firstname.lastname@example.org. You acknowledge that you are not required to consent to receive promotional texts as a condition of using the Services.
If you have a Claim with one or more Recipients or other third parties, you release Bankz and their respective officers, directors, agents, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such Claims.
Please note that email communications sent to Bankz for Account-related matters must come from the email address listed in your Account. Account-related communications initiated via other channels may require identify verification in order to obtain information or change settings.
Should you have other questions or concerns, please contact us anytime at email@example.com, phone: +44 131 378 7911