TERMS AND CONDITIONS OF BITSA CARD ISSUANCE AND OF PAYMENT SERVICES USE
This contract regulates the terms in which PECUNIA CARDS E.D.E., S.L.U. (PECUNPAY) issues the BITSA card (under a license from Visa INC.), as well as the use of the Payment Services it provides, derived from the issuance of electronic money, to any person whose application is approved (customer, owner of the card).
By requesting the BITSA card, the client acknowledges that he has read and understood the terms of this agreement which will take effect at that time and will have an indefinite duration.
2. Identification of the parties and information.
2.1 The issuer of the BITSA Card and provider of the Payment Services derived from the electronic money issuance is Pecunia Cards E.D.E., S.L.U. (PECUNPAY). PECUNPAY, is a Spanish electronic money entity, established in Madrid, with prior authorization from the Ministry of Economy and Finance and subjected to the supervision of the Bank of Spain. It is duly registered in the Special Registry of Electronic Money Entities with the number 6707. Its head office is located in Madrid, C / Guzmán El Bueno, nº 133, Edifico América, under B, 28003 and it has the tax identification number B-86972346.
2.2 PECUNPAY is the issuer of the program.
2.3 BITSA, SARL, established in Monaco, with location at 17 avenue de L' Annonciade, 2ETG, N.º1 21-36, 98000 Monaco, FR88000142389, and commercial name BITSA, distributes the BITSA cards through the BITSA Platform (and other authorized platforms) accessible through the web www.bitsacard.com and the BITSA® mobile application, after approval of the application.
2.4 The BISTA Card or the BITSA Card Account can be managed from the BITSA® platform.
2.5 Customer or cardholder is any person whose application is approved, user of the payment services provided by PECUNPAY derived from the issuance of electronic money.
2.6 To resolve any doubt or in case of problems, customers can contact us through the following email address: firstname.lastname@example.org and phone number: +34 910 889 412.
2.7 The BITSA Cards are property of PECUNPAY.
2.8 PECUNPAY issues the BITSA Card under a VISA Inc license.
3. BITSA Card application. Verification of the customer's identity: KYC (know Your Customer)
To obtain the BITSA card and use the payment services, the client must request the issuance of it through the BITSA® Platform.
Once the payment is processed, BITSA® will proceed to carry out the identity verification process. For this, the customer must download the BITSA® mobile application, install it and start the process in the "verification" section. BITSA® will ask the client to make a photo of his ID, and and may also request a selfie holding the identity document in his hand, using the aforementioned application.
In certain cases, both BITSA® and PECUNPAY, may request the customer a proof of his residence, as well as any other verification document.
This will be requested as an obligation derived from Law 10/2010, of April 28, of the Prevention of Money Laundering and Terrorism Financing, as well as its development regulation, which establishes as a due diligence measure the identification of clients and the maintenance of updated information of these.
Once the verification process has been successfully completed, BITSA® will send the client its BISTA card to the address indicated in the registration section.
Only one user account per customer can be generated, although each client may request a maximum of 4 plastic BITSA cards and 4 virtual BITSA cards.
Each issued BITSA card will be linked to the customer's registration data, and once the customer received it, he will just have to recharge it in order to operate with it.
It is important to bear in mind that each customer is responsible for the accuracy of the data provided and the documents sent, since, in case of doubts, BITSA® will terminate the verification process in an unsatisfactory manner and the request will not be approved, which implies that the client will not receive the BITSA card and will not be entitled to a refund of the price paid for it.
4. Type of service and access to the account
4.1 The BITSA card allows its holder:
a) To store funds through recharge operations. The monetary value stored against delivery of funds will be considered as electronic money.
b) To carry out payment orders destined to the acquisition of goods and services in national and foreign commercial establishments that admit this payment method charged on the electronic money previously stored.
c) To carry out online payment orders for the acquisition of goods and services on national or foreign websites that accept this payment method charged on the electronic money previously stored.
d) To withdraw money in ATMs.
e) To instruct bank transfers to any bank account within the Single Euro Payments Area or SEPA (Single Euro Payment Area), charged on the electronic money previously stored.
4.2 Payment orders initiated through the BITSA Card, transfers, commissions and expenses that are generated and recharging operations will be recorded in an account of an accounting nature, hereinafter the "Card Account", which will allow the holder to know, individually for each card issued under this contract, the details of the payment transactions executed and the amount of electronic money available at any time. Each holder will only have access to the information that corresponds to his card.
4.3 The BITSA Card is not a credit card, nor is it issued by a bank, the customer will only have an account in which they will have their electronic money available or monetary value stored. This balance will not generate interest. It is a prepaid payment service and it is neither a credit nor a banking service, so the client must ensure at any time that he has available balance to pay for his transactions and applicable charges.
4.4 Every time the client tries to access his Account, the password will be asked.
Similarly, when the client performs operations, with the correct access codes, it will be assumed that he is the person who gives the instructions and performs the transaction and, therefore, the person responsible for them.
5. Use of the Services
5.1 Reloading operations.
The holder of the BITSA Card may provide funds destined for the card. In such cases, the contributions will be instrumentalized through payment orders whose identifier will consist of the numbering of the card (ID Number).
The minimum or maximum amount of recharge operations, as well as their frequency, may be limited depending on the measures implemented in compliance with current legislation on the prevention of money laundering and financing of terrorism.
5.2 Payment orders carried out through the BITSA Card
5.2.1 Face-to-face environment:
To carry out payment orders charged to the electronic money stored on the card, the cardholder must:
- Enter the PIN, if CHIP and PIN are being used
- Approach the card to the reader with contactless capacity, if contactless payment is being used. In purchase transactions whose amount exceeds the amount of € 20, it will be necessary, in addition, to enter the PIN.
These actions are equivalent to the authorization of the operation, so once the PIN has been entered, or the card has been approached to the contactless reader, the authorization cannot be cancelled.
5.2.2 Non face-to-face environment:
When said operations are carried out to acquire goods and services through a system of non-contact contracting, it will be necessary for the owner to provide the data related to the identification of the card that the goods and services provider requests (numbering, expiration date, check code).
Likewise, the BITSA card is a card issued with the 3D Secure protocol, called "Verified by Visa", which allows to make secure purchases in the internet and authenticates the buyer as the legitimate cardholder.
So, to authorize the purchase it will be necessary to enter the secret key that the customer will receive on his mobile phone. If the customer does not enter this key, the purchase will not be finalized.
Once the transaction is completed, the authorization cannot be cancelled.
5.3 Payment Orders by Transfer
The holder of the BITSA Card may order transfers in euros within the Single Euro Payments Area or SEPA (Single Euro Payment Area), through his user account of the BITSA® Platform, indicating the IBAN of the beneficiary.
In this case, in addition to entering the keys for access to the user account, and where appropriate, the second authentication factor, it will require the customer to enter the 8 digits of his electronic signature.
The transfer orders will be considered issued and, therefore, authorized, when client orders them, and client won’t be able to cancel said authorization.
5.4 Execution of payment orders
Pecunpay will receive the payment orders initiated through the BITSA Card at the same time as they are authorized by their owner and will be executed immediately when received.
5.5 Payment orders denominated in a different currency than the euro.
In the payment orders initiated abroad, the amounts in foreign currencies will be converted into euros at the exchange rate established by visa at the day when the operation is carried out. Changes in the exchange rates that occur will be applied immediately without prior communication to the client.
5.6 Clients must ensure at all times that their funds cover the value of their transactions and the applicable fees. Pecunpay will not be obliged to execute any payment order when amount is higher than the amount of electronic money stored on the BITSA Card.
5.7 After authorizing a transaction, the amount will be charged to the electronic money stored in the BITSA Card with the applicable commission, if applicable.
6. Conventional Compensation.
PECUNPAY will be able to compensate, with the funds stored in any other BITSA Card of the client, the amount of any obligation expired, ordinary or in advance, and not satisfied, of which client was debtor to PECUNPAY or BITSA®, in the merits of the present contract.
7. Price of the Services
For the issuance of the BITSA card, and the provision of the payment services linked to the issuance of the electronic money stored therein, PECUNPAY, and where applicable, BITSA, will be entitled to charge the commissions whose concept and settlement parameters are detailed below.
- Commission for issuing a card : it will be charged and it will be effective only once, when issuance of each card.
- Card substitution fee: it will be charged and it will be effective only once when issuance, except in case of theft (the filing of a complaint will be necessary).
- Maintenance fees: Monthly invoices for the operational maintenance of each card and until the expiration date. This commission will be charged to the available balance of the card. No maintenance fees will be charged the first year
- Charging fee : It will be billed and will be effective for each recharge made via a BITSA coupon or recharge point of sale. When the recharge system is the sale of cryptocurrency, the exchange rate of said cryptocurrency will be applied.
- Commission for depositing cash at the international ATM : fees applied by the bank will be charged to the available balance of the card.
- Consultation of balance and movements through a national ATM : it will be effective for each request made and it will be charged to the available balance of the card
- Commission for money deposit at an international ATM: it will be accrued and will be effective for each deposit operation carried out, charged to the balance available on the card.
- Consultation of the balance and operations via an international ATM: i t will be effective for each request made and it will be charged to the available balance of the card.
- Transfers to another entity: For each transfer order the service will be effective and will be charged on the available balance of the card.
- PIN code request: the service will be charged and effective for each PIN request made by SMS, once the four free consultations completed, and will be charged to the available balance of the card.
- Purchases in establishments outside the national scope : this service will be effective for each purchase and it will be charged on the available balance of the card.
The amount of the applicable commissions can be consulted on the website www.bitsacard.com, which will offer updated information.
8. Information about the operations. Check balance and movements.
Information regarding the payment transactions recorded in the card's account (date, amount, beneficiary and any other corresponding in accordance with current legal regulations), as well as the recharge operations and the application of the commissions when appropriate, will be included in an extract that can be consulted at any time, free of charge, through the BITSA® Platform.
Similarly, the customer may consult this information through ATMs, both national and international, taking into account that this query will accrue a fee for the service provided, as specified in the previous section.
9. Interruption of service
Due to force majeure, or for technical reasons, the payment services provided under this contract may be interrupted and thus accepted by the client. Therefore, neither PECUNPAY, nor it is it case, BITSA®, will assume any responsibility for the damages or losses that the client may suffer due to such interruption.
In the case the customer experiences any type of problem with the use of the Card or Account, he must notify the Customer Service, by email: email@example.com and by telephone: +34 910 889 412, who will make the greatest efforts to solve the problem.
10. Card Lock
PECUNPAY reserves the right to block, for a period of time deemed reasonable, the use of the Payment Services by the client, or the processing of any transaction when one or more objective circumstances concur that can reasonably be deduced:
a) That the security of the BITSA Card as a payment instrument has been compromised or
b) That fraudulent or unauthorized use of the card may have occurred.
In such cases, the client will be informed of the BITSA Card's blocking and the reasons that led to adopt said decision. Whenever it is possible, such communication shall be made prior by the means of communication established in Clause 15 of this contract, and otherwise, immediately after the blockade, unless the communication of such information may be compromised for security reasons objectively justified or may be contrary to any normative provision.
The unlocking will proceed and the pending transactions will be executed as soon as possible, once the causes that led to the blockade have ceased.
11. Obligations and responsibilities.
11.1 Are obligations and responsibilities of the client, without prejudice to the provisions of the other clauses:
11.1.1 To accept all payment orders made with the cards, admitting as proof of these and their amount, the one that registers the card itself, the one that appears in the PECUNPAY computer records and the receipts issued by any device authorized to operate with cards.
11.1.2 To communicate without undue delay to BITSA®, through the Customer Service Department, any payment order made through the Account or BITSA Card not authorized by its owner, and any error or irregularity detected. Said communication must be made within a maximum period of 13 months from the date of debit of said operation. However, if the client holds the condition of non-consumer, this period will be 15 days.
When the customer requests the refund of the amount of a payment order, it will be necessary to do so in writing, within the aforementioned period, stating the reason for his request and attaching the copy of the corresponding complaint filed with the competent authority, in case of unauthorized orders, or documents and / or information that justify its claim, in other cases.
11.1.3 The fulfilment of all the obligations derived from this contract.
11.1.4 Fulfill the following obligations
- To sign the card in the space for the authorized signature, preserving it and using it correctly.
- To protect the account. The customer is solely responsible for safeguarding the username and password of his account (access codes), the digits of the electronic signature, as well as the PIN of his card. We recommend customers adopt the following security measures:
· Do not share any of the aforementioned data with anyone.
· To memorize these data as soon as he receives them and to destroy the e-mails or any other authorized communication used to let them know.
· Do not write the PIN on the card, or anything that normally goes with the card and make sure the PIN cannot be deductible from personal data.
· To activate the second authentication factor in the BITSA® Platform.
- To take the necessary precautions in order to avoid theft, falsification or loss of the card. In such cases or others, of knowledge of the PIN number, access codes or digits of the electronic signature by other people against their will, to communicate the fact to BITSA® through the Customer Service, without undue delay as soon as knowledge of it.
- To return the card when required, either by PECUNPAY or by BITSA® and destroy it when it expires or is replaced.
- To comply with the conditions established in Clause 5 "Use of the Services" and with the operating instructions for reading the BITSA Card for the mechanized devices that, in each case, intervene in the processing of a payment order.
11.1.5 To respond to PECUNPAY, and, if applicable, to BITSA®, for non-compliance of this contract by holders and, in particular, of those contained in section 11.1.4 of this clause.
11.1.6 To respond to the accuracy and correctness of the personal data provided, as well as the documents sent.
11.2 Are PECUNPAY’s obligations and responsibilities, without prejudice to the provisions of this contract:
11.2.1 To make sure that the personalized security credentials of the card are only accessible to the client authorized to use said card, without prejudice to the obligations of protection of the account and the card that are incumbent upon him in this clause.
11.2.2 To guarantee at any time the availability of an adequate and free means that allows the client to make the communications mentioned. Such communication shall be recorded for at least 18 months after the completion of it.
To refund the amount of incorrectly executed or unauthorized payment transactions, unless said payment transaction has been authenticated, accurately recorded and accounted for and has not been directly affected by a technical failure or any other relevant deficiency.
Customer will support up to a maximum of € 50, the losses derived from unauthorized operations resulting from the use of the lost or stolen card, or from the misappropriation of the account, which have been made prior to the communication to BITSA foreseen in Section 11.1.4 of this clause. The client will not bear any economic consequence after said communication.
In no case shall PECUNPAY be responsible for the refund of the amount of the unauthorized or improperly executed payment orders, nor shall the limit established in the preceding paragraph be applicable, when the customer has acted fraudulently or has deliberately failed or due to negligence of the conditions established in this contract for the use of the cards, in particular those contained in section 11.1 of this clause.
11.2.3 To suspend the payment services provided as soon as possible after the communication provided in section 11.1.4, to avoid any additional loss.
11.2.4 Any other that derives from this contract.
12. Expiration of the cards.
The BITSA card has a valid expiration date and will be valid until the last day of the month of that date. From that moment, the card cannot be used, nor can payment services be used.
The client may request a new BITSA card, although it is PECUNPAY's ability to issue it. The issuance of the new card is subject to payment of card issuance fee.
If the BITSA card expires and its owner has not exhausted the available balance, nor has requested a new card, he may request a refund at any time and ask the nominal value of the monetary value of the electronic money he has at his disposal.
13. Resolution of the agreement
13.1 Voluntary Resolution . While any of the cards issued under this contract is in force, PECUNPAY may not request its resolution except as explained in the following section. In this case, to request the termination of the contract, PECUNPAY must communicate its decision to the client, at least 2 months before the date on which it will take effect.
When the client decides to terminate the contract, he may do so at any time without prior notice, but he must inform PECUNPAY of his decision in writing, being necessary the destruction of the card and the payment of the amounts, in the case, owed.
13.2 Casual Resolution . Each party may terminate the contract if the other breaches the respective conditions that govern it or fails to pay any liquid and due obligation contracted under it.
13.3 Likewise, PECUNPAY may terminate the contract in the following cases
- For legal requirement or for police or judicial request.
- In compliance with the measures of due diligence derived from the legislation on the prevention of money laundering and financing of terrorism
- For the existence of suspicion of access or unauthorized or fraudulent use of the client's account.
- For belief based on reasonable grounds that the client is carrying out illegal or prohibited activities.
In these cases, the client will be informed of the termination of the contract and the reasons that led to the decision.
Whenever possible, such communication shall be made in advance by the media established in clause 15, and otherwise, immediately after adopting such decision, unless the communication of such information may be compromised for security reasons objectively justified or contrary to any normative provision.
13.4 In any of the above cases, once all the transactions have been processed and the corresponding commissions have been applied, PECUNPAY will return the available balance provided that:
- Customer has not acted fraudulently
- There is no obligation to retain the available balance due to legal requirement or police or judicial requirement.
13.5 However, if after the return of the available balance it is discovered that the customer, through the use of his BITSA Card, has made transactions and commissions have been accrued, or PECUNPAY receives the refund of any previous transaction, the client will be informed of the amount owed that must be paid immediately.
14. Modification of the agreement.
PECUNPAY may offer the updating or modification of this contract through its individualized communication to the customer, on paper or durable support, with a period of notice of two months before the entry into force of such modification, or when the contracting party is non-consumer, with a period of reasonable notice regarding the entry into force of said modification through publication on the BITSA® platform.
Notwithstanding the foregoing, all modifications that are more favorable to the contracting party may be applied immediately. In case of disagreement, the client will have the right to terminate the contract, notifying it before said date, subsisting, if applicable, until its full payment, the obligations he was debtor.
Continuation of the use of the payment services by the client, after the previous term, will be considered as an acceptance of the updated or modified contract and he will be subject to it.
15. Adress and Communications.
On the one hand, all communications, notifications and information that PECUNPAY or BITSA® must send to the client will be made, provided that the applicable regulations permit it, by email to the address indicated by the customer in the registration form or the one that has been notified subsequently.
On the other hand, the communications that the Customer directs to the email address: firstname.lastname@example.org will be validly understood.
The notifications will be considered made and effectively delivered on the third business day, counted from the day following that in which the shipment is recorded correctly, to the indicated addresses.
However, when the postal communication is mandatory, PECUNPAY or, if applicable, BITSA®, will send the client the corresponding communication or notification, by registered mail with acknowledgment of receipt, to the address indicated by the customer in the registration form or to the one that he notified later.
The client can also send their communications, by postal way, to the following addresses:
- PECUNIA CARDS E.D.E., S.L.U. (PECUNPAY) . - C/Guzmán El Bueno, nº 133, Edifico América, bajo B, - 28003-, Madrid, Spain.
- BITSA SARL (BITSA) . - 17 avenue de L' Annonciade, 2ETG-N.º 21-36, 98000 Monaco, MC Principaute de Monaco.
It is the responsibility of the customer to keep the contact information updated, with the obligation of notification of any change.
16. Applicable law and competent jurisdiction.
This contract is subject to Spanish legislation and subject to the jurisdiction of Spanish courts regardless of the territory where payment services may be provided.
Customer expressly accepts, with express waiver of the jurisdiction that may correspond to him, that any interpretation or controversy resulting from this contract will be the competence of the Courts and Tribunals of Madrid.
17. Conflict resolution.
In case of doubts, discrepancies or incidents derived from the use of the BITSA card, from the payment services provided by PECUNPAY, from the use of the BITSA® Platform or in the interpretation of this contract, the client undertakes to try to resolve them in a friendly way.
For this purpose, the client will communicate to BITSA®, in writing, through the Customer Service, any doubts, discrepancies, incidents, as well as formulate the claims that he deems appropriate, sending an email to the address: email@example.com
BITSA will respond within a maximum period of 15 days counted from the day following the reception of the communication.
If the answer is not satisfactory for the client, he may reproduce his communication to PECUNPAY Customer Service, in writing, by sending an email to the following address: firstname.lastname@example.org
If the Customer Service team cannot resolve the claim or it is not satisfactory to the client, the customer may file a claim to the Bank of Spain's Department of Market Conduct and Claims, or go to court.
18. Protection of funds
The funds received for the issuance of electronic money or for the provision of payment services not linked to said issue, will be deposited in a separate bank account opened in the name of PECUNPAY. As long as said funds remain in the separate account, the holder will have a right of separation on said account, in accordance with the bankruptcy regulations, concerning possible claims of other PECUNPAY creditors.
19. Treatment of personal data.
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, as well as As of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the CUSTOMER or the OWNER accepts the incorporation of their personal data to the treatment activities of PECUNPAY and BITSA®, with the purpose of compliance with the contractual relationship, the examination and verification of data, for the development and management of loyalty programs, the notification of any type of incident that may arise during the contractual relationship, the communication of possible modifications in the conditions of the contract and, in general, those that affect the use of the card, among other aspects, being legitimized for it based on the execution of the contract. The data will be kept during the execution of this contract and, subsequently, until the prescription of possible legal responsibilities.
The CUSTOMER or OWNER will be responsible for the accuracy and accuracy of all data provided to PECUNPAY.
PECUNIA CARDS EDE, S.L.U. and BITSA, SARL., are the responsible for the treatment.
The OWNER may exercise the rights of access, rectification, opposition, cancellation, revocation, limitation, portability and opposition to automated decisions by writing to:
- PECUNPAY, residing in C/ Guzmán el Bueno, 133, Edificio América, Bajo B, 28003, Madrid, Spain; or by email to the following address email@example.com.
- BITSA®, residing in 17 avenue de L' Annonciade, 2ETG-Nº21-36, 98000 Monaco, MC Principaute de Monaco, or by email to the following address: firstname.lastname@example.org .
Also, for the proper management of the treatment, the client or user can direct their claims to the Data Protection Delegate designated by PECUNPAY, through the e-mail address email@example.com , as well as to the one designated by BITSA® through the e-mail firstname.lastname@example.org
Likewise, customers and users are informed that they can present their claims arising from the processing of their personal data to the Spanish Agency for Data Protection.
PECUNPAY informs that the data of the customers or users may be transferred to third parties and, in particular, to entities related to the financial sector and banking card processing entities. This assignment is made for the purpose of managing the operation of its terminals, as well as to manage the operation of secure client authentication. However, the client or user, at any time, may revoke their consent by writing to PECUNPAY.
PECUNPAY will be able to verify the information provided by the client, evaluate its operations and verify its solvency. For this, it will be authorized to collect, communicate, request and exchange information about the status of its accounts, other solvency files or Public records, with financial entities, credit assessment and fraud prevention companies, as well as the Bank of Spain. PECUNPAY may consult them periodically.
Said procedures are necessary for PECUNPAY with the purpose of carrying out the pertinent consultations to comply with its obligation of analysis in matters of fraud, prevention of money laundering and financing of terrorism.
The customer, who holds the status of consumer, may exercise, without any motivation, the right to cancel the contract within 14 calendar days of its acceptance through the BITSA® Platform, without any penalty, but subject to the deduction of any reasonable expense in which PECUNPAY may have incurred in the development of the provision of payment services prior to withdrawal.
As established in the legislation in force, once the client has exercised the right of withdrawal, PECUNPAY, will cancel the payment services and will return the amount of available balance after deduction of the expenses to which mention has been made, within a maximum period of 30 days.
In case of not exercising the right of withdrawal in the aforementioned period, this will be deemed expired and without effect.
The customer may exercise his right to revoke the contract by sending an email to the address email@example.com, where he must indicate the ID number of the BITSA Card, name, surname, ID number and contact telephone number.