- 1. Definitions
- 2. Account limits and settings
- 3. Scope of this agreement
- 4. Applying for and registering your account
- 5. Receiving and activating a card
- 6. Using the card and card expiry
- 7. Using the account
- 8. Checking account balance and access to your Account
- 9. Cancelling, closing your account and redeeming e-money
- 10. Your liability and authorisations
- 11. Lost, stolen or damaged cards
- 12. Fees
- 13. Disputes and incorrect transactions
- 14. Variation
- 15. Termination or suspension
- 16. Our liability
- 17. Your information
- 18. Complaints procedure
- 19. General
- 20. Contacting customer services
- a1. Appendix 1 – Prohibited Activity
- a2. Appendix 2 – Prohibited Purpose
Table of contents
Important information you need to know
The ANNA Account Agreement
Please read this Agreement carefully before you activate your Card or use any of our services. This information forms the Agreement for your ANNA Account including any associated Card and payment services that we may provide to you. By confirming that you accept the terms of this Agreement, or by activating your Card and/or using our services, you accept this Agreement. When we hold e-money for you, our holding the funds corresponding to e-money is not the same as a bank holding money insofar as: (i) we cannot and will not use the funds to invest or lend to other persons or entities, (ii) your e-money will not accrue interest; (iii) your e-money product is not covered by the Financial Services Compensation Scheme. The funds corresponding to e-money will be held in one or more segregated bank accounts separately from our own funds, in accordance with the provisions of the Electronic Money Regulations 2011. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 20 of this Agreement before activating your Card or using any of our services.
3DS – A security measure that allows a Cardholder to authenticate a high risk transaction, for instance by confirming a one-time password texted to his or her device or by similar means made available by ANNA.
Account – The electronic account associated with your Card.
Account Details – Any details related to your Account, such as but not limited to, Sort Code and Account Number.
Account Information Services – An online service that provides consolidated information on accounts held by you with one or more payment service providers such as banks.
Account Information Services Provider – A third-party payment service provider that is authorised by its Regulator to provide Account Information Services with the Account Owner’s explicit consent, and under a separate agreement that you have signed with them.
Account Limits – Maximum limits you can have in relation to the Account with regard to the number of Accounts, such as Maximum Account Balance, and limits on transactions as referred in paragraph 2.
Account Sub-Limit – A subsidiary limit set by you within the ANNA App in relation to another Cardholder, in relation to the usage and/or the portion of the Available Balance that can be used by that Cardholder.
Account Owner – The entity legally responsible for an Account. For a Non-Limited Business, this is either the owner of the sole trader or the partners of a partnership. For a Limited Organisation, this is the Institution itself.
Account User – An individual, such as an accountant or project manager, with limited access privileges to the Account.
Agreement – This agreement as varied from time to time.
ANNA – Absolutely No Nonsense Admin Ltd, a company registered in England and Wales with number 10149389 and whose registered office is at Brunel House, 2 Fitzalan Road, Cardiff, Wales, CF24 0EB
ANNA App – The application provided pursuant to this Agreement by ANNA to you, as downloaded from the Website, Apple Store or Google Play App Store, as updated from time to time.
Applicant – The person applying for an Account. For a Non-Limited Business, this must be the Account Owner and for a Limited Organisation, this must be one of the listed directors of your Institution.
ATM – Automated Teller Machine.
Authorised Third Party Provider – Includes Account Information Service Provider and/or Payment Initiation Service Provider.
Automatic Payment – Direct Debit, Standing Order and Future Dated Payment
Available Balance – The value of funds available on your Account to use.
BACS Credit – Means BACS Direct Credit. A service enabling organisations to make payments to an account which takes 3 Business Days for the funds to be cleared.
Bank Account Number – This is your unique personal account number accessible through the Self Service Account Management Portal.
Business Days – A day, other than Saturday, Sunday or public holiday in the United Kingdom, when banks are open for business.
Cashback – a credit to your Account of a percentage of the value of a transaction made with your Card in respect of an eligible purchase.
Card – Any ANNA Card or Virtual Card associated with your Account.
Card Number – The 16-digit number on the front of your Card.
Cardholder – An employee, director, owner or shareholder of the Institution or a person designated by the Institution to whom a Card is issued.
Contactless – A payment feature that provides Cardholders with a way to pay by tapping the Card on a point-of-sale terminal reader for transactions of up to £30 (as amended from time to time).
Customer Services – The service responsible for supporting queries relating to your Account. Contact details for Customer Services can be found in paragraph 20.
Direct Debit – A service allowing a third party to collect pre-authorised funds from your Account electronically on agreed dates, for example to pay bills.
EEA – The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
e-money – The electronic money associated with your Account.
Faster Payment – A service allowing you to make and receive fast electronic payments in the UK provided that the receiving organisation or bank is part of Faster Payments scheme.
Force Majeure – Any event outside the reasonable control of the performing party that affects its ability to perform its obligations under this Agreement, including without limitation failure of internet connectivity, strikes, failure of utility supply, an act of God, fire, earthquake, war, revolution, act of terrorism, riot or civil commotion.
Full Deductible Amount – The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
Future Dated Payments – An individual, one-off payment set up to be made at a future date which is intended to be received by the recipient bank on the day specified.
High Value Payment – A bank transfer of funds into the Account or a payment received that is higher than those permitted by the Account Limits.
Information – Any information provided to ANNA related to the Account Owner, and any personal information related to an Applicant, any representative of the Account Owner, Cardholder or Account User including a telephone number or other details of each Cardholder required in connection with 3DS.
Institution – A Limited Organisation or Non-Limited Business.
Limited Organisation – A private limited company, limited liability company, limited liability partnership, trusts, not-for-profit organisations or government agencies incorporated in the UK, but excludes holding companies of private individuals, public limited companies, shell companies, unregistered charities and shell banks.
Mastercard Acceptance Mark – The Mastercard International Incorporated Brand Mark, indicating acceptance of the Card.
Mastercard – Mastercard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577 USA.
Maximum Account Balance – The maximum balance you can have on your Account as referred to in paragraph 2.
Merchant – A retailer, or any other person, firm or corporation that accepts cards which display the Mastercard Acceptance Mark, other than those blocked by ANNA on the basis of its risk management policies.
Non-Limited Business – A sole trader resident in the UK, or a partnership established in the UK.
Passcode – The passcode you use to identify yourself and which is used for authorising any payments from the Account.
Password – The password you use to identify yourself.
Payment Details – The details you provide to enable funds to be received into your Account or the details that you provide in order to send funds from your Account.
Payment Initiation Services – An online service which accesses your Account to initiate the transfer of funds on your behalf.
Payment Initiation Service Provider – A third-party payment service provider which is authorised by its Regulator to provide Payment Initiation Services with the Account Owner’s explicit consent and under a separate agreement which you have signed with them.
Payment Instruction – An instruction made by you to make a payment from your Account.
PIN – Your four-digit personal identification number for use with the Card.
Prohibited Activity – Any activity set out at Appendix 1 to this Agreement.
Prohibited Purpose – Any purpose set out at Appendix 2 to this Agreement.
Quasi Cash – Transactions that includes, but not limited to, purchasing travellers cheque, lottery tickets, casino gaming chips, money orders, deposits and wire transfer money orders.
Regulator – The Financial Conduct Authority (FCA) in the UK or another European financial services regulator.
Self Service Account Management Portal – A mobile App or online portal that allows you to have access to your Account, and functions such as receiving support, submitting Information and forms and filing complaints.
Standing Order – Payment Instruction allowing regular or recurring payments to be made to a particular person or organisation.
Sort Code – The 6-digit number which can be found by accessing the Account.
Virtual Card – When this feature is available, this means an ANNA Card provided in electronic form, such as in picture format. It has the same features as the physical ANNA Card except for any activities which may require a physical Card. For example, ATM withdrawals or PIN changes using an ATM will not be available with a Virtual Card.
we, us or our – Payrnet Limited, a company registered in England and Wales with number 09883437 and whose registered office is at Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX (“Payrnet”), or ANNA acting on its behalf.
Website – www.anna.money
you, your – The Account Owner.
In this Agreement, unless the context requires otherwise:
In this Agreement, unless the context requires otherwise:
- words in the singular include the plural and vice versa and words in one gender include any other gender;
- a reference to a statute or statutory provision includes:
- any subordinate legislation (as defined in Section 21(1), Interpretation Act 1978) made under it;
- any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement;
- a reference to:
- any party includes its successors in title and permitted assigns;
- words importing persons shall include any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
- a clause, section, schedule or paragraph is a reference to the clause, section, schedule, or paragraph of, or to, this Agreement. References to a paragraph made in a schedule to this Agreement shall, unless otherwise specified, be deemed to be a reference to a paragraph of that schedule;
- the words "including", "include", "for example", "in particular" and words of similar effect shall not be deemed to limit the general effect of the words which precede them and "including", "include" and "for example" shall be deemed to have the words "but not limited to" following them.
2. Account limits and settings
- 2.1 On opening a new account, you will see the Account Limits set out on the Website under Account Limits. If you require higher limits you may request an Account review by contacting Customer Services. If you have more than one Cardholder on an Account, you may also set Account Sub-Limits in relation to one or more other Cardholders, provided that the total spend across all Cardholders is not more than the overall Account Limit for the whole Account.
- 2.2 You may set Account access privileges and available functionalities and features for each Cardholder and Account User.
- 2.3 Depending on the settings under paragraph 2.2, each Cardholder may be able to restrict certain functions of the Account, such as ATM withdrawals.
Max account balance
Faster Payments, BACS and Direct Debits limits
Max outbound payment
Max inbound Faster Payment (FPS)
Max inbound BACS Payment
Card purchase transaction limits per account
ATM cash withdrawals
ATM cash withdrawal transaction limits per account
3. Scope of this agreement
- 3.1 Your Card is a debit card; it is not a credit, charge or prepaid card.
- 3.2 Your Card has been issued by us Payrnet pursuant to our its licence from Mastercard. The Card is an electronic money product and the electronic money associated with it is provided by us Payrnet and will be in GBP. We Payrnet are authorised by the Financial Conduct Authority to issue conduct electronic money service activities under the Electronic Money Regulations 2011 (FRN 900594). Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Mastercard is a registered trade mark of Mastercard International Incorporated. Your rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against Mastercard or its respective affiliates. If you experience any difficulties in using the Card you should contact Customer Services in any of the ways set out at paragraph 20. The Card remains our property.
- 3.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.
- 3.4 You agree that we may communicate with you by e-mail, SMS, phone, secure social media messages and/or via the Self Service Account Management Portal notifications for issuing any notices or information about your Account or Card and therefore it is important that you ensure you keep your e-mail address, mobile phone number and other contact details updated via the Self Service Account Management Portal as we may need to contact you in the circumstances detailed in paragraph 10.9 or in an emergency.
4. Applying for and registering your account
- 4.1 To apply for an Account, the Applicant must be a UK resident and manage or be a director of:
- a Non-Limited Business; or
- a Limited Organisation.
- 4.2 Representations
- n applying to open an Account, you are deemed to represent and warrant to us that your Institution has all the required permissions and approvals in place in order to:
- open the Account; and
- transfer to us the personal information associated with the Account and related activities, including information about Cardholders.
- In applying to open an Account, you are deemed to represent and warrant to us that your Institution is in full compliance with the requirements of applicable tax legislation and that each person with access to the Account or Card is 18 years old or more and resident in the UK.
- In the case of a Non-Limited Business applying to open an Account, you are deemed to represent and warrant that:
- you run a business as a sole trader or partnership and that you agree to provide such further details relating to this business as we shall require; and
- you are registered with HMRC and have no overdue tax liabilities;
- You represent and warrant that you are authorised to provide and will provide all information to us that we may require in connection with your Account and to allow us to identify or authenticate the identity of you, your directors, ultimate beneficial owners and partners (as appropriate), any Cardholders or Account Users or employees and validate your funding sources.
- 4.3 You may open an additional Account for the same Non-Limited Business or Limited Organisation or a different Non-Limited Business or Limited Organisation for which they are a director subject to completing the application and providing the required Information.
- 4.4 We will issue your Account to you on the basis of the Information that has been provided by the Applicant. We will accept or reject your application at our sole discretion. You must ensure the Applicant provides accurate Information. In addition, you agree to notify us in the manner set out at paragraph 17.1 of any changes to the Information before the changes take place or as soon as possible afterwards to ensure that our records remain correct. Such changes to the Information should include personal details, source of funds, line of business, directors’ capacity, trading and registered address, director’s home address, and any other material information about your Institution’s activities.
- 4.5 The Account Owner is responsible for any act or omission of each partner, director, authorised manager or employee or other representative and shall ensure their compliance with this Agreement.
- 4.6 We may verify information through third party services such as credit reference agencies and retain the necessary results on file. Such verification might leave a soft footprint on the credit history of the relevant individual or entity and you warrant that you have obtained their consent and informed them of this clause prior to providing their information to us. We may share information with fraud prevention organisations which will use it for identity verification and prevention of fraud and money-laundering. If fraud is detected, the relevant individual or entity could be refused finance, employment, contract, tenancy or certain services.
5. Receiving and activating a card
- 5.1 You can request that additional Cardholders are issued with a Card subject to your billing plan. Each Card will be posted to the Applicant’s registered office, the director’s home address or such other address as selected and verified by you. A Virtual Card will be delivered through the App.
- 5.2 When the Card is received, it must be signed by the Cardholder immediately and should then be activated via the Self Service Account Management Portal.
- 5.3 Once the Card has been activated, the Self Service Account Management Portal will give the Cardholder the option to reveal the PIN. The PIN should never be revealed to anybody other than the Cardholder. We will not reveal the PIN to a third party.
- 5.4 The PIN can be changed through the ANNA App or at any UK ATM. When selecting or changing the PIN, the Cardholder must not select a PIN that may be easily guessed, such as a number that:
- is easily associated with the Cardholder, such as his telephone number or birth date; or
- is part of data imprinted on the Card; or
- consists of the same digits or a sequence of running digits; or
- is identical to a previously selected PIN.
- 5.5 You are responsible for all the Cards issued and the use of your Account by all Cardholders under this Agreement and any fees or charges that these Cards may incur. You will ensure that each Cardholder uses their Card in accordance with this Agreement.
6. Using the card and card expiry
- 6.1 The Card can be used at any Merchant to make purchases in-store, via the internet or over the phone and can be used to obtain cash through ATMs (fees may apply; see the fee schedule in the ANNA App and the Website). Each transaction will need to be authorised by the Cardholder. We will treat the transactions as authorised and genuine if:
- the Card is tapped against a Contactless enabled reader and accepted by such reader;
- the Card PIN or other security code personal to the Cardholder is used and, where prompted by ANNA, authenticated by the Cardholder through 3DS; or
- the Card is used and the Cardholder has authorised the transaction by signature of the receipt.
- 6.2 The Card is a debit card. The Available Balance will be reduced by the full amount of each transaction and authorisation, plus any applicable taxes and charges, including additional ATM charges, if any. The Cardholder must not use the Card if the Full Deductible Amount exceeds the Available Balance or any applicable Account Sub-Limit.
- 6.3 Due to security safeguards, Merchants that accept the Card are required to seek authorisation from us for all of the transactions that are made by the Cardholder. There are some circumstances where Merchants may require the Cardholder to have an Available Balance greater than the value of the transaction he wishes to make. The Cardholder will only be charged for the actual and final value of the transaction they make. Merchants request this as they may need to access more funds than the Cardholder initially planned to spend. For example:
- hotels, rental cars, and
- internet Merchants – certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact the Available Balance. Please bear in mind that many sites will not deduct payment until goods are dispatched so please be aware of this when checking the Available Balance to make sure sufficient funds are available to cover all purchases. For card-based payment transactions where you do not know the exact amount of the payment transaction at the time you authorise it, we will not block funds on your Card unless you authorise the exact amount to be blocked. This could be the case for payments you make at hotels for example. We shall release any blocked funds without undue delay as soon as we are aware of the exact amount of the payment transaction and immediately after receipt of the relevant payment order.
- 6.4 The Card can be used in situations where it is not possible to obtain online authorisation up to a limit that is set for the Card by us. This includes, but is not limited to, transactions on trains, ships, and some inflight purchases. You must consider these offline authorised transactions when reviewing and calculating your Available Balance.
- 6.5 Generally, the Card may be used at automated fuel dispensers (AFD) but please note that due to the inherent security risk payment may be declined pursuant to paragraphs 6.3 or 7.9.
- 6.6 The Card must not be used as a form of identification.
- 6.7 The Card must not be used for any Prohibited Activity or Prohibited Purpose.
- 6.8 We may ask you to surrender any Cards or suspend any Virtual Cards at any time for a valid reason in accordance with the provisions in paragraph 15 of this Agreement.
- 6.9 If a Merchant agrees to give a refund for a purchase made using the Card, the funds will be added to the Available Balance of the Account when we receive the funds from the Merchant, provided always that any refunds to the Card shall only be permitted in respect of purchases made with the Card.
- 6.10 The Card can be used to make transactions in a currency other than GBP ("foreign currency transaction"), the amount deducted from your Account will be converted to pounds sterling on the day we receive details of that foreign currency transaction. We will use a rate set by Mastercard, which will be available on each Business Day and changes in the exchange rate shall take effect immediately. Exchange rates can fluctuate and they may change between the time a transaction is made and the time it is deducted from your Available Balance. You can find out the exchange rate applied to a transaction in your transaction history. We may charge an additional foreign transaction fee for foreign currency transactions and details of any such fees are available in the ANNA App. Unless we tell you otherwise, our terms and conditions will apply equally to payment transactions inside and outside the EEA. You will not be able to pay charges for anyone you make a payment to within the EEA (regardless of the currency of the transfer).
- 6.11 If a refund is given to you, in accordance with paragraph 6.9, of a foreign currency transaction, or your Account is credited for any other reason in a currency other than pounds sterling, the amount credited to your Account will be converted from the currency of the transaction to pounds sterling on the day we receive the funds from the retailer, who has agreed to the refund, or from the sender of the money. The amount credited to your Account will be calculated in accordance with the exchange rate set by Mastercard and applicable on that day.
- 6.12 f a transaction is cancelled after the relevant Payment Instruction has been made but before the funds are debited from the Account, such funds could remain unavailable until the Merchant confirms the cancellation of the Payment Instruction, which could be up to 8 days. We may make the funds available earlier if you contact us and provide evidence of the cancelled transaction.
- 6.13 The expiry date of the Card is printed on the front of the Card. The Cardholder will not be able to use their Card once it expires. We may send the Cardholder a replacement Card or renew a Virtual Card if requested by the Cardholder (fees may apply, see paragraph 12).
- 6.14 Any Available Balance remaining on the Account at Card expiry will remain yours for a period of six years from the expiry date. Within this period, you may at any time transfer any Available Balance on the Account to a UK bank account via Faster Payment (subject to Account Limits). You will not have any access to your Account and we will not return any funds remaining on the Account after six years from Card expiry and this Agreement will terminate.
- 6.15 You must keep secure at all times and not share or let anyone access your Card, Account details, Account security information, your device that was used to access your Account or other information that could be used to make a transaction or otherwise exploit your Account.
- 6.16 To protect you and others, we will monitor your Account for fraud, money laundering, criminal use, Prohibited Activity, Prohibited Purpose and activities giving rise to a security concern.
7. Using the account
- 7.1 The Account can be used to enjoy the services referred to in the ANNA App, such as Faster Payments and Direct Debits (subject to Account Limits). We may from time to time introduce new services such as Standing Orders and/or Future Dated Payments; if we do that, we will explain this in the ANNA App or otherwise let you know. Some of the terms and conditions in this Agreement may be relevant to those new services, which will apply once we offer those services to you.
- 7.2 If the Automatic Payment on the Account specifies that a payment is to take place on a specified day or on the last day of a certain period, then we will treat the Payment Instruction as being received on the day specified. Where a Direct Debit mandate duly authorised by you is submitted to ANNA by post we will process it upon receipt; however, we cannot guarantee that it will be received in a timely manner.
- 7.3 If a payment is made using Faster Payments, we will, except as stated in this Agreement, endeavour to send the payment within two hours, provided that the payment is within your Account Limits and there is sufficient Available Balance. However, some payments may take up to the end of the following Business Day to arrive in the recipient’s account, such as where the payment is of a very high amount, or where it is subject to internal compliance checks by ANNA, or due to restrictions at the recipient’s bank.
- 7.4 We will not be responsible for any cost, loss or damage that arises or is incurred as a result of any:
- payments taking longer than two hours to be sent by us, provided that we send them in time for them to arrive by the end of the following Business Day (and subject to b) below);
- delays in payments arriving at the recipient’s bank account once they have been sent by us (as we cannot control payments once they have left us);
- delays in payments arriving in your Account, except where they arrive after the end of the Business Day following that on which they were sent and we are at fault; and/or
- delays in sending or receiving payments beyond our control.
Where we become aware of any unforeseen payment delays, we will investigate these and provide you with an update as soon as possible.
- 7.5 Any Automatic Payment is usually taken from the Account on the day they are due except Direct Debit payments which if due on a Saturday, Sunday or public holiday are usually taken on the next Business Day. If a Direct Debit on your Account specifies that a payment is to take place on a specified day or on the last day of a certain period, then we will treat the Payment Instruction as being received on the day specified.
- 7.6 It is your responsibility to ensure they put in the correct recipient account details and payment amount when making any payment, setting up payee or authorising an Automatic Payment. We are not liable if you incorrectly input the recipient’s account details in respect of any payment. If you give us the wrong details for a payment or you tell us about an incorrect payment more than 13 months after it was made, we won’t give you a refund but we will try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
- 7.7 It is your responsibility to check there is sufficient Available Balance before any payment is due. Generally, payments will be rejected if there are insufficient funds in your Account. However, the Account may be overdrawn beyond the Account Limit or Account Sub-Limit for the following reasons:
- offline transactions as further described in paragraph 6.4;
- payment at an automated fuel dispenser (AFD) as further described in paragraph 6.5;
- transactions in foreign currencies as further described in paragraph 6.10; or
- transactions authorised through a Mastercard stand-in when it is not possible to confirm availability of funds with us.
- 7.8 We will treat a payment as authorised by you and genuine if:
- the transaction was authorised from the Self Service Account Management Portal, and, where prompted by ANNA, authenticated by the Cardholder through 3DS; or
- an Automatic Payments was set up.
- 7.9 Except as explained in paragraph 7.7, a payment including any Automatic Payment will not be sent out if:
- the Account does not have sufficient Available Balance to cover the payment; or
- the Account is suspended or closed; or
- the Account has reached its Account Limits; or
- the Cardholder authorising the Payment Instruction has reached any Account Sub-Limit;
- the Cardholders have collectively reached the Account Limit even if not all Account Sub-Limits have been reached;
- upon being prompted by ANNA, the Cardholder has failed to authenticate the payment or Payment Instruction through 3DS;
- we suspect the payment is connected with a Prohibited Activity or Prohibited Purpose; or
- the Merchant declined the payment for its own compliance reasons which may be unknown to ANNA.
- 7.10 We may, but shall not be obliged to, let you know if a payment is not sent because of a reason referred to in paragraph 7.9 above. We will not be liable to inform you or the recipient of any payment not made because of a reason referred to in paragraph 7.9 and will not be liable for any loss that may be incurred as a result.
- 7.11 You must authorise the organisation taking Direct Debit payments from the Account, and you are responsible for cancelling any obsolete Direct Debits. You may be able to stop a Direct Debit payment provided that:
- you cancel the relevant Direct Debit mandate more than three Business Days before your Account is due to be debited (your Account could still be debited during this cancellation period, in which case you will have to contact the recipient / Merchant in order to claim a refund);
- the relevant Direct Debit payment has not already been made; and
- you provide all the details requested on the Self Service Account Management Portal to stop the payment.
- 7.12 If you stop or cancel a Direct Debit mandate, you must tell the recipient to whom the Direct Debit is payable. We will not be responsible if you fail to inform the recipient and neither you nor the recipient will have any claim against us.
- 7.13 You may stop a Standing Order and Future Dated Payment by cancelling the payment on the Self Service Account Management Portal before the end of the Business Day prior to the Business Day the Account is due to be debited. We recommend that the recipient is also informed; we will not be responsible if you fail to inform them and neither you nor the recipient will have any claim against us.
- 7.14 If, for any reason, a payment is processed for an amount greater than the Available Balance on your Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving notification from us. Should you not repay this amount immediately after receiving notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
- 7.15 The Account can receive funds via Faster Payments and BACS Credit. Please note we do not support CHAPS. Subject to paragraph 7.16, we will credit the Account when we receive the funds which could be up to three Business Days depending on how the payment was sent.
- 7.16 A payment coming into the Account will be not credited to your Account if:
- the Account has reached the Account Maximum Balance or Account Limits; or
- the Account is suspended or closed; or
- the sender has provided incorrect/invalid Account Details for your Account; or
- we suspect the payment is in connection with a Prohibited Activity or Prohibited Purpose.
- 7.17 The funds may be sent back to the sender without notifying you if paragraph 7.16 applies. Please note this will only apply to Faster Payments in and BACS Credit.
- 7.18 The Account may receive High Value Payments subject to a number of checks. You must inform us prior to receiving a High Value Payment, allowing us enough time to conduct required checks. You agree to provide all the information and documents requested by us to carry out our checks.
- 7.19 Once an approval has been granted for receiving a High Value Payment into the Account, the Account will have a new Account Limit applied for a specified timeframe.
- 7.20 Each time the Account is due to receive a High Value Payment then paragraphs 7.18 and 7.19 apply every time. For example, we may request a number of documents and/or information and conduct our checks every time you tell us that the Account is due to receive High Value Payment.
- 7.21 You may transfer funds between Accounts if you have more than one Account.
- 7.22 The Available Balance on the Account will not earn any interest.
- 7.23 If, for any reason, a payment made to a recipient within the EEA arrives later than intended, you may request us to contact the receiving bank or institution and ask them to treat this payment so that the credit value date matches that of the intended date of receipt of the payment.
- 7.24 You can choose to allow a Third Party Provider (TPP) to access information on your account, to combine and display information about your account with information from accounts you have with other payment service providers, and, if applicable to your Card, to make payments for you from your account, provided the TPP is authorised by a Regulator and you have given your explicit consent. If you do so, you must keep us informed of any incorrect of unauthorised transactions that happen so that we can take steps to stop further misuse of your Card and arrange any refund to which you are entitled. If you are thinking of using a TPP, it is important you check with the Regulator whether the TPP is authorised before you use it. We can refuse or stop access to a TPP if we are concerned it is not authorised or if we believe it is operating or acting in connection with a Prohibited Activity or Prohibited Purpose. If that happens, we will contact you to explain why unless we believe that would compromise our security or it would be unlawful.
Foreign Currency Outbound Payment Service
- 7.25 You may use ANNA’s Foreign Currency Outbound Service subject to the following conditions:
- the service will enable you to send payments in such foreign currencies to such countries via SWIFT and such local payment routes which are supported by the service as advised on our Website from time to time. We are unable to support other currencies, countries and systems and attempted payments will be blocked and may bounce back;
- we will ask you some questions and may carry out a new background check and grant or reject your access to our service at our sole discretion;
- Conversion rate. Unless already held in the desired foreign currency, your outbound payment will be converted at the then current midmarket rate before sending. This is a live rate which is continuously updated during market hours. Changes in reference rates will take effect immediately;
- Commission. We will charge a commission on the currency exchange based on the total value of the transaction at the rate displayed on our Website from time to time. In addition, a charge per payment will be payable by you if you exceed our free allowances;
- Interbank charges. You will be liable to pay any interbank charges charged to us by the participating banks;
- Charges statement. The conversion rate, commission, charges and interbank charges will be shown on your transaction statement;
- payments may take up to 5 business days or longer depending on the recipient’s bank and intermediary banks involved;
- the outbound payment and currency conversion services are provided by Currency Cloud and not us. Currency Cloud Limited is a firm regulated by the Financial Conduct Authority (FRN: 900199). The service is governed by Currency Cloud’s terms and conditions at https://www.currencycloud.com/legal/terms/terms-of-use-uk-cc-ltd. which you hereby agree to;
- it is your responsibility to check that your recipient details are correct. If a payment is not received, we will do our best to assist you in investigating the reasons. However, if the payment is delivered to the recipient’s bank, there is a limit on what we can do, and the recipient will be in a better position to investigate their missing payment; and
- neither ANNA nor Payrnet shall have any responsibility or liability in relation to any aspect of the Foreign Currency Outbound Service , beyond their respective obligations in relation to effecting payments to Currency Cloud from your Account as instructed by you
Foreign Currency Inbound Payment Service
- 7.26 You may use ANNA’s Foreign Currency Inbound Payment Service subject to the following conditions:
- the Foreign Currency Inbound Payment Service will enable you to receive payments in GBP or supported foreign currencies from abroad or sent from the UK. Foreign currency payments will be received via SWIFT and SEPA (no other systems are supported) and, unless they are received in the currency of your Account, foreign currency payments will be automatically converted into GBP and paid into your Account;
- the inbound payment and currency conversion services are provided by Currency Cloud and not us. Currency Cloud Limited is a firm regulated by the Financial Conduct Authority (FRN: 900199);
- if you apply for access to our Foreign Currency Inbound Payment Service, you must accept and agree to the Currency Cloud terms and conditions. We will ask you some questions, carry out a new background check and grant or reject your application at our sole discretion;
- if your application is granted, we ask Currency Cloud to create a dedicated IBAN for your foreign currency inbound payments;
- you must use the new IBAN and other dedicated account details provided by us for your foreign currency inbound payments. You must not use your existing details to receive such payments, but if you do, any foreign currency inbound payment will be blocked and may bounce back;
- payments will be credited to your Account in GBP as one transaction including all deductions such as our commission and any charges applied by intermediary banks;
- Conversion rate. All inbound payments are converted to GBP at the then current midmarket rate. This is a live rate which is continuously updated during market hours. Changes in reference rates will take effect immediately;
- Commission. We will charge a commission on the currency exchange based on the total value of the transaction at the rate displayed on our Website from time to time;
- Interbank charges. You will be liable to pay any interbank charges charged to us by the participating banks;
- Charges statement. The conversion rate, commission and interbank charges will be shown on your transaction statement;
- we will only accept foreign currency inbound payments from the countries and in currencies featured on this list. We are unable to support payments from any other countries for reasons of sanctions, technical and risk limitations and attempted payments will be blocked and may bounce back;
- payments may take up to 5 business days or longer depending on the payer’s bank and intermediary banks involved; and
- if a payment is not received, we will do our best to assist you in investigating the reasons. However, because this is an outsourced service involving intermediary banks, there is a limit on what we can do, and the sender will be in a better position to investigate their missing payment.
- 7.27 You may use ANNA’s invoicing functionality subject to the following conditions:
- ANNA’s invoicing functionality is subject to our Customer Agreement and fair use;
- if you sign up, you can customise your own payment page with your invoice, brand features and payment facilities supported by TrueLayer from time to time;
- your payment page can be generic or tailored for a specific payer (e.g. your customer). You can forward the URL to your payer;
- the payment facility will enable the payer to pay your ANNA account. The payment facility is provided by TrueLayer and not us, and is subject to TrueLayer’s terms and conditions. TrueLayer Limited is a firm regulated by the UK Financial Conduct Authority under the Payment Services Regulations 2017 and Electronic Money Regulations 2011 (Firm Reference Number: 901096);
- TrueLayer supported payment methods use the Faster Payments Scheme and payment should be received without delay. However, ANNA cannot guarantee the timing of payment. Upon confirmation from TrueLayer, we will let you know once the payer has made the payment;
- we may suspend without notice any payment page if we suspect unauthorised use of our service or use in connection with a Prohibited Activity or Prohibited Purpose, in addition to any suspension rights that TrueLayer may have in accordance with its own terms;
- unless you participate in a free trial that offers unlimited payments, a monthly payment limit set out in the pricing section of our Website will apply. Your first month runs from the day of the first payment received by you through our invoicing service and the limit refreshes in each subsequent month;
- if your previous transaction exceeded the payment limit in a month, any further payments will be blocked. However, we will offer you the option to receive further payments in that month, in return for a commission set out in the pricing section of our Website in respect of such further payments. The commission is a percentage of the total payment amounts received in a month after the transaction that exceeded the monthly payment limit that month;
- if you decline, no further payments will be accepted in the relevant month. However, we may notify you about attempted payments during the remainder of the month, and once again offer you the option to receive further payments that month in exchange for the commission outlined above. If you accept, further payments will be accepted. We will report the commission owed each month and charge it on your next Account fee due date.
- 7.28 Cashback will be provided on the following conditions:
- The availability of Cashback will be announced on the Website and/or the ANNA App together with information about the Cashback rate and a description of all eligible transactions, and the percentage of eligible transactions to be paid as Cashback. Eligible transactions will only include purchases valued at £1.00 or over with certain Merchants (as described on the Website from time to time). Any unauthorised transactions, Account fees and charges, interest payments or other excluded transactions will not be eligible for Cashback.
- The Cashback will be calculated on each eligible transaction identified on your Account statement. Each Cashback payment will be rounded up to the nearest penny. The maximum Cashback you can receive in each calendar month is £100.
- The Cashback amount in respect of a transaction will be reduced proportionately to any refund from the Merchant.
- Cashback in respect of each month will be added up and will in general credited to your Account one month in arrears. At the same time, any reduction in Cashback due to a refund will be debited. If you close your Account before the statement date you will lose any Cashback not yet credited.
- We may withhold Cashback due to Account Limits or if your Account is blocked by ANNA on the basis of its risk management policies.
- A Cashback offer will generally continue until the end of the period announced on the Website and/or the ANNA App. Nevertheless, we may cancel any Cashback offer or amend Cashback terms at any time by giving you at least 30 days’ notice by e-mail (using the latest e-mail address you have provided to us).
- 7.29 Referral program
- An Account Owner (a “Referrer” in this case) may invite someone (a “Referee”) to open an account with ANNA so they become an Account Owner, too – then both the Referrer and the Referee get a reward (“Reward”) in the form stated in the pricing section of our Website. Usually, the reward is 1 month of free service at ANNA, which means not paying the monthly account fee, but we may change it at some occasions.
- To invite a Referee, each Account Owner has their own unique referral code available in the ANNA App, along with a unique page on our Website. The Account Owner can share that page or code with someone they wish to invite, and the invitee must use either the code or the page while signing up for ANNA in order to be counted as a Referee.
- The Referral Program may be restricted in time, but if not stated otherwise, it’s always available to all Account Owners.
- There are no limits to how many Referees an Account Owner can invite. However, there are conditions a Referee needs to meet to be qualified for the Reward.
- The Reward is provided to both the Account Owner and the qualified Referee at the moment the Referee is qualified.
- 7.30 Referral program restrictions:
- Referrers cannot refer themselves.
- An Account Owner cannot use any system, bot or other device to participate or receive any benefit in the Referral Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than individuals who an Account Owner personally knows.
- If we believe that a referral code associated with an account was used in such a manner, we have the right to refuse and cancel the Rewards associated with that account and close the accounts of both the Referrer and the Referee.
In these cases, you must immediately pay off the balance in accordance with paragraph 7.14.
8. Checking account balance and access to your Account
- 8.1 You can check the Available Balance and transaction history on the Account via the Self Service Account Management Portal, or the ANNA App, or at an ATM.
- 8.2 A Cardholder can check the Available Balance through the ANNA App. You may limit a Cardholder’s ability to see the Available Balance such that the Cardholder may only see the amount remaining in relation to the Account Sub-Limit for that Cardholder, rather than the overall Available Balance; and/or that the Cardholder may only see the history of their own transactions, rather than all transactions on the Account.
- 8.3 We will make your monthly Account statements available in the statement section of the ANNA App and we will notify you of this monthly in the ANNA App or via email.
- 8.4 You will ensure that each Cardholder is aware that his or her transactions may be reviewed by others.
9. Cancelling, closing your account and redeeming e-money
- 9.1 You may cancel your Account and any Cards before activating them, and up to 14 calendar days after the date of activation ("cancellation period"), by messaging Customer Services through the Self Service Account Management Portal. You may transfer any Available Balance to a UK bank account via Faster Payments (subject to Account Limits) before cancelling the Account.
- 9.2 You may close your Account at any time after the cancellation period and redeem any Available Balance on the Account by messaging Customer Services through the Self Service Account Management Portal. Alternatively, you may at any time transfer any Available Balance to a UK bank account via Faster Payments (subject to Account Limits) and call Customer Services to close the Account. Unless previously provided, we will seek instructions from you regarding the Available Balance before closing your Account.
- 9.3 Once the Available Balance is redeemed and the Account is closed, your Agreement will terminate. However, if paragraph 9.5 applies to your Account then your Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Account.
- 9.4 All Direct Debit transactions that were set up on the Account will be rejected once your Account is closed.
- 9.5 If we find any additional withdrawals, fees or charges have been incurred on your Account following the processing of the redemption request, we will send an itemised invoice or notification to you and we will require you to refund us immediately after receiving the invoice or notification. Should you not repay this amount immediately after receiving an invoice or notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
- 9.6 You will ensure that each Cardholder is aware that their Card will be blocked and access to the Account through the ANNA App will cease upon cancellation or closure of the Account.
10. Your liability and authorisations
- 10.1 You are responsible for the use of your Account and any Cards issued for your Account. You must ensure that all the users of your Account including any Cardholders and Account Users understand and comply with this Agreement.
- 10.2 We may restrict or refuse to authorise any use of your Account and any Cards issued to your Account including transactions in any legal jurisdiction if using the Card or Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you, a Cardholder or a third party has committed or is about to commit a crime or other abuse in connection with the Card or Account.
- 10.3 Where appropriate, any refusal to authorise a Card transaction will be relayed to the Cardholder via the Merchant concerned.
- 10.4 It is your responsibility to ensure the Cardholder signs their Card as soon as they receive it, and keeps it safe.
- 10.5 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen or otherwise accessed or misappropriated Card or Account security information or the device used to access the Account if you or any Cardholder fails to:
- keep the Card and/or security features of the Card, Account, Account security information or device used to access the Account safe, or
- notify us that the Card is lost or stolen, or that the image of a Virtual Card has been copied, or that the Account security information or your device have been otherwise accessed or misappropriated.
- 10.6 You must ensure the Cardholder and/or any representative of the Account Owner does not:
- allow another person to use a Card, PIN or security information related to the Account;
- write down password(s), PIN or any security information or copy a Virtual Card unless this is done in a way that would make it impossible for anyone else to recognise any of that information;
- disclose their PIN or any security information, or a copy of the Virtual Card or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others;
- enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner; and
- you must ensure that each Account User does not disclose any security information, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others.
- 10.7 You will be responsible for all transactions which you or any Cardholder authorises, whatever the manner of such authorisation.
- 10.8 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen or otherwise accessed or misappropriated Card or Account security information or the device used to access the Account if you or any Cardholder fails to:
keep the Card and/or security features of the Card, Account, Account - security information or device used to access the Account safe, or
notify us that the Card is lost or stolen, or that the image of a Virtual Card has been copied, or that the Account security information or your device have been otherwise accessed or misappropriated.
- 10.9 It is your responsibility to keep us updated of changes to the Information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding your Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement or to authenticate payments or Payment Instructions through 3DS.
- 10.10 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or use of the Card, Account, Self Service Account Management Portal log in details, or PIN by or authorised by either you or any Cardholder, which is in connection with a Prohibited Activity or Prohibited Purpose.
- 10.11 The Self Service Account Management Portal is only supported on devices where the operating system has not been modified, or jailbroken, or configured to allow software installation from sources other than those approved by ANNA (including but not limited to the Apple App Store and Google Play). Use of the Self Service Account Management Portal on such a device is at your risk and neither Payrnet or ANNA shall be held responsible for any loss or data, Information or financial loss.
11. Lost, stolen or damaged cards
- 11.1 In the event of loss, theft, fraud or any other risk of an unauthorised use of the Card, or if the Card is damaged or malfunctions, you must ensure that the Cardholder:
- uses the Self Service Account Management Portal immediately to either report his Card as lost, stolen or copied and block it through the customer care chat or blocks his Card by using the ‘Block Card’ button in the Self Service Account Management Portal; or
- contacts Customer Services on 0203 393 8688 so that we can block the Card, Account and PIN.
- 11.2 In the event that the Cardholder either blocks their Card or notifies us in accordance with this Agreement that his Card has been lost or stolen you will be liable for a maximum of £35 of any loss that takes place prior to us being notified, subject to paragraphs 11.3 and 11.4. You will not be liable for any losses which occur on your Card after you have informed us that it has been lost or stolen. If you are due a refund for an unauthorised transaction, we will make sure that you receive this no later than the end of the next business day.
- 11.3 Provided that the Cardholder has followed one of the steps in accordance with paragraph 11.1 and that paragraph 11.4 does not apply, then you will not be liable for losses that take place following the date on which the Cardholder blocked its Card or informed Customer Services. If there is an Available Balance remaining on your Account, the Cardholder can request for a replacement Card for your Account via the Self Service Account Management Portal. If we replace the Card, the Card will be delivered to the Account Owner’s registered office or director’s home address (or, respect of other Cardholders, such other address as selected and verified by you) and a Virtual Card will be delivered through the App (fees apply, see paragraph 12).
- 11.4 In the event that we have reason to believe that either you or the Cardholder have acted in connection with a Prohibited Activity or Prohibited Purpose, or have acted with gross negligence or intentionally in failing to notify us of the lost, stolen or copied Card or the Cardholder has failed to keep their Card or security information related to the Account safe or you or the Cardholder have breached this Agreement then you shall be liable for all losses.
- 12.1 Your Account is subject to the fees set out in the fee schedule in the ANNA App and on the Website. Standard pricing will no longer be available and higher bespoke pricing will apply if you exceed our balance, volume, risk or other thresholds in which case additional charges will apply.
- 12.2 If you require higher limits, please contact us about a bespoke pricing plan.
13. Disputes and incorrect transactions
- 13.1 If you have a reason to believe that a transaction (whether a normal payment or an Automatic Payment) on your Account was not authorised by either you or a Cardholder, or was made incorrectly, you must inform us immediately via the Self Service Account Management Portal, but in any event within thirteen months of the date of the relevant transaction. If you tell us about an incorrect payment more than thirteen months after it was made, we won’t give you a refund but we will try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
- 13.2 If you dispute a Card transaction:
- the Merchant must be able to prove that the transaction took place.
- subject to paragraph 13.2(c) below, we will no later than the end of the next business day after you notify us refund the amount to your Account to restore it to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. You will be required to complete and return to us a ‘Disputed Transactions’ form within ten days of our request. We may also request you to provide any additional information about the relevant transaction. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any charges to your Account. Fees apply; see the fee schedule in the ANNA App and the Website.
- if there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised transaction), we may investigate before giving you a refund and we shall not be obliged to give you a refund if we have reasonable grounds to believe that you are not entitled to a refund.
- 13.3 Subject to paragraph 13.4, if you tell us that a transaction has been made incorrectly, after we are informed, we will:
- immediately refund your Account with sufficient funds including any charges to restore your Account to the same position as if the incorrect transaction had not been made;
- if you ask us to, make reasonable efforts to trace the incorrect payment and notify you of the results.
- if an incorrect transaction amount is paid into your Account that should not have been paid, we will, where possible, immediately send the funds back to the bank acting for the person from whose account the transaction was made. However, in the case that you do not believe that a payment made to you from a payment service provider in the EEA was a mistake, we shall also be allowed to share your personal information (including information about Cardholders which is directly relevant to the transaction) with the paying payment service provider so that you can be contacted directly. This is because we are required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money which is sent to the wrong person.
- if we have paid money into your Account in error, we will deduct the money from your Account promptly upon becoming aware of the mistake. We will notify you of the mistake and of the amount which has been deducted from your Account, which may be after we have deducted the money. If you have used or withdrawn the money from your Account, you must make a payment to ANNA of the full amount transferred to your Account in error, immediately or as soon as we make you aware of the mistake.
- if monies transferred to your Account by us in error are not repaid by you and remain outstanding, we may deduct the money from other Accounts which you have with ANNA.
- 13.4 The actions listed in paragraph 13.3 are at our absolute discretion and we are not responsible for an incorrect transaction on your Account where you fail to tell us of the incorrect transaction without undue delay and in any case within thirteen months of the date on which the transaction occurred, or the cause of the incorrect transaction is because you gave us the wrong or insufficient Payment Details for us to make the transaction.
- 13.5 You will be liable for all transactions made from your Account(s):
- if you or any Cardholder have acted in connection with a Prohibited Activity or Prohibited Purpose; or
- if the transaction was made because the Cardholder deliberately or with gross negligence failed to keep their Card or Card details secure or their PIN or other security information related to the Account secret or otherwise shared, made available or failed to prevent access to the Card, Account, security information or device used to access the Account.
- 13.6 Where you or the Cardholder have agreed that another person can take a payment (Card or Direct Debit) from your Account (for example, if the Cardholder has given their Card details to a Merchant for the purpose of making a payment), you can ask us to refund a payment if all of the following conditions are satisfied:
- the authorisation given did not specify the exact amount to be paid;
- the amount that has been charged to your Account was more than you or the Cardholder could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and
- you make the refund request within eight weeks of the date when the payment was taken from your Account.
- 13.7 We may ask you to provide information as is reasonably necessary to verify that conditions in paragraphs 13.6 (a) – 13.6 (c) apply.
- 13.8 If you ask us to make a refund under paragraph 13.6 then, within ten Business Days of the date we receive your request (or if we ask for more information under paragraph 13.7, within ten Business Days of the date we receive that information) we will either:
- refund the payment in full; or
- tell you the reasons why we do not agree to the refund.
- 13.9 You will not be entitled to a refund under paragraph 13.6 if:
- if the payment in question was higher than you reasonably expected to pay due to a change in currency exchange rates; or
- if you or a Cardholder have given us your consent for the payment to be made and, where applicable, we (or the person or a Merchant you agreed to pay) have given you information on the payment in question at least four weeks before the due date of the payment.
- 13.10 Paragraph 13.9 does not limit your rights under the Direct Debit guarantee scheme.
In the case of an outbound payment:
In the case of an inbound payment:
- 14.1 Subject to the other provisions in this paragraph 14, we may change this Agreement, including fees and limits, by providing you with at least two months prior notice by e-mail (using the latest e-mail address you have provided to us) and will ensure the most recent version is always available in the Document Centre on the Self Service Account Management Portal.
- 14.2 If you do not agree with the changes to the Agreement, you may at any time within the two month notice period terminate your Agreement and close your Account in accordance with paragraph 9.2 at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you from the end of the two month notice period.
- 14.3 Where an amendment to this Agreement is required by law or relates to the addition of a new service, additional functionality for the Account or any other change that neither reduces your rights nor increases your responsibilities, the amendment may be made with ten days prior notice by email. In the event that you do not cancel during this period then you will be deemed to have accepted the amendment and the changes will apply to you from the end of the ten day period.
- 14.4 If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical. We will update our Agreement to reflect the new regulatory requirements when they are next reprinted.
15. Termination or suspension
- 15.1 In addition to the rights set out elsewhere in this Agreement, we can terminate this Agreement at any time:
- if we give you two months’ notice and refund the Available Balance to you without charge, or
- with immediate effect and without any prior notice if you, any Cardholder or Account User have breached this Agreement, or if we believe that you or any Cardholder or Account User have used, or intend to use the Card or Account for a Prohibited Activity or Prohibited Purpose, in a grossly negligent manner or for other unlawful purposes, or if we can no longer process your transactions due to the actions of third parties, or if we are unable to verify your identity or otherwise unable to apply our customer due diligence measures to you.
- 15.2 We can suspend or terminate any Cards and Account Details at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
- we discover any of the Information that the Applicant provided to us when applied for your Account was incorrect or that you failed to notify us of changes that render the Information incorrect; or
- a transaction has been declined because of a lack of Available Balance; or
- if we suspect unauthorised use of the Card or Account, or use in connection with fraud, money laundering, criminal use, a Prohibited Activity or Prohibited Purpose or if we suspect an activity giving rise to a significant security concern; or
- if we suspect that any payment is made or received in breach of this Agreement;
- if you have reached your Account Limit; or
- you have breached this Agreement or we believe that you, or any Cardholder or Account User have used, or intend to use the Card or Account or the Self Service Account Management Portal Password or Passcode for a Prohibited Activity or Prohibited Purpose, in a grossly negligent manner or for other unlawful purposes, or if we cannot process any transactions due to the actions of third parties.
- 15.3 In the event that we do suspend or terminate your Account then if we are able to do so, we will use reasonable efforts to tell you in advance, otherwise we will let you know immediately afterwards (to the extent the we are permitted by law). We may advise anyone involved in the transaction if a suspension or termination has taken place.
- 15.4 In the event that any additional fees are found to have been incurred on your Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal on the Account or fees and/or charges validly applied whether before or after termination. We will send notification to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
- 15.5 We may restrict access to your Account or block any payment, whether incoming or outgoing, at our sole discretion if we suspect any of the activities set out in paragraph 6.16 or for other important reason.
16. Our liability
- 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
- we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs or through the ANNA App, maximum withdrawal limits set by ATM operators, payments declined by a Merchant, late receipt of a Direct Debit mandate sent by post and failure of data processing systems;
- we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
- we shall not be liable for any loss or damage caused by your act or omission, such as making available access to your Card, Account, security information or device used to access your Account;
- we shall not be liable for any loss or damage caused by your use of functionalities, features or services provided by third parties;
- where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
- where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
- in the unlikely event that sums are deducted from your Available Balance but you or the relevant Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
- in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
- 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
- 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
- 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
17. Your information
- 17.1 You are required to provide us with your Information from time to time and as required under paragraph 4 in connection with your Account. Some Information will be necessary for us to provide you with the Account and services under this Agreement. You must update any changes to the Information via the Self Service Account Management Portal. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. We shall not be liable for any losses arising out of your failure to maintain up to date information.
- 17.3 We may at any time confidentially verify the information you provide us or we obtain ourselves on you, your directors, ultimate beneficial owners and partners (as appropriate), Cardholders and Account Users through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, will leave a soft footprint on the relevant individual’s credit history. This will not affect the individual’s credit rating. By entering into these terms and conditions, you confirm that you and all of your directors, partners, ultimate beneficial owners, Cardholders and Account Users (as appropriate) consent to us or a third party on our behalf carrying out such verifications.
18. Complaints procedure
- 18.1 Complaints regarding any element of the service provided by us can be sent to Customer Services via instant messaging through the Self Service Account Management Portal.
- 18.2 All complaints will be subject to our complaints procedure, according to which we will try to resolve any complaints you have about your card or the service we provide within fifteen business days of receiving your complaint, or in exceptional circumstances, within thirty five business days of receiving your complaint. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.
- 18.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
- 19.1 For a Non-Limited Business Account, we may not transfer your Account to a new Account Owner, nor will we transfer a Non-Limited Business Account to a Limited Organisation Account.
- 19.2 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
- 19.3 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
- 19.4 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Accounts issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
- 19.5 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement, save that Mastercard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 17.4 may enforce paragraph 16.
- 19.6 This Agreement contains the information set out in Schedule 4 of the Payment Service Regulations 2009 and you can obtain a copy of this Agreement at any time by visiting the Self Service Account Management Portal or the Website.
- 19.7 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
- 19.8 The Financial Services Compensation Scheme is not applicable for this Account. No other compensation schemes exist to cover losses claimed in connection with your Account. However, we will safeguard your funds against any loss that can be reasonably anticipated. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts separately from our own funds, in accordance with the provisions of the Electronic Money Regulations 2011.
- 19.9 If a party performing an obligation under this Agreement (“Performing Party”) is affected by Force Majeure it shall use notify the other party as soon as possible (the “Non-Performing Party”) in writing of the matters constituting the Force Majeure. The Performing Party affected by Force Majeure shall take all reasonable steps available to it to minimise the effects of Force Majeure on the performance of its obligations under this Agreement. The Performing Party shall not be in breach of this Agreement or otherwise liable to the Non-Performing Party, by reason of any delay in performance, or non-performance of any of its obligations due to the Force Majeure. If the Force Majeure continues for longer than twenty one days, either party may, at any time while such Force Majeure continues, by notice in writing to the other party, terminate (without liability) this Agreement.
20. Contacting customer services
- 20.1 If you have a query regarding your Account, you can send us an instant message via the Self Service Account Management Portal.
- 20.2 Lost, damaged, stolen or copied Cards can be reported via the Self Service Account Management Portal and also by calling 02920 100 420 (available Monday to Friday, other than bank holidays) between 9 am and 5 pm (call costs may vary according to charges made by your network provider).
a1. Appendix 1 – Prohibited Activity
Each of the following is a Prohibited Activity
- Any illegal or unlawful purpose
- Sending or receiving fraudulent funds
- Financing terrorism
- Tax evasion
- Tax avoidance
- Money laundering
- Involvement in fraud or criminal activities
- Involvement with politically exposed persons or political parties
- Management of assets (including of third parties), through collective investment schemes, retail FX businesses, Quasi Cash or cryptocurrency
- Involvement in the manufacture or trading of weapons and nuclear materials.
- Adult Entertainment
- Financial Services
- Dealing in precious metals and precious stones
- Individuals acting in a consumer capacity and not acting as Non-Limited Organisations.
- Dealings that result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability
- Sending or receiving money for a purpose that is harmful, false, misleading, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive
- Linking an account which is used for any Prohibited Activity
- Collecting payments that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs
- Providing a service without a licence, permit or franchise where the same is required
a2. Appendix 2 – Prohibited Purpose
Each of the following is a Prohibited Purpose
- Involvement in or facilitation of any Prohibited Activity
- Involvement in any illegal or unlawful activity
- Sale or provision of items that fall within a Prohibited Activity