BHN Pay Card Terms

BHN PAY CARD TERMS

1. Introduction

1.1 The terms and conditions (Terms) apply to your BHN Pay Card (Card).  You must read them carefully.  If there is anything you do not understand please contact customer services (Please refer to Clause 12 for details on how to do this).

1.2 The Terms include these Card Terms and the Introduced Client Terms of Business.  In the event of a conflict between these documents they shall be interpreted in the following order of precedence:

 1.2.1 these Card Terms;

  1.2.2 the Introduced Client Terms of Business.

1.3 By completing the registration and activation process for your Account, Card and associated Services you accept the Terms.

1.4 You can access a copy of the Terms via your online account or using the URL which can be found within your welcome emails, or which is printed on the reverse of your Physical Card, if applicable.  Alternatively, you can request a copy by contacting customer services (charges may apply).

1.5 In the Terms:

1.5.1 the organisation, local authority or Council on whose behalf you have been provided with the Account and Card is referred to as the Account Manager/Authorised User;

1.5.2 Blackhawk Network EMEA Limited with company registration number 4155650 and whose registered office is at Westside, London Road, Hemel Hempstead, Herts HP3 0TD, which is the organisation responsible for managing the card programme under which you have been provided with your Account and Card by the Account Manager, providing all services associated with your Account and Card including but not limited to customer services and managing any disputed Transactions on your behalf is referred to as Partner Platform/We/BHN;

1.5.3. the organisations responsible for the electronic money account and electronic money and any Account and Card associated to it is referred to as Modulr and Modulr FS Limited; and

1.5.4 you are referred to as the Cardholder/Account Owner/Introduced Client/You.

1.6 All communications between us shall be in English only.

2. YOUR CARD

2.1 Your Account is an electronic money account and the electronic money and any Card associated to it is issued by Modulr FS Limited.  Funds can be loaded to your Account and Card by the Account Manager and on behalf of the Account Manager by BHN and You may also load funds to your Account and Card. 

2.2 By registering for your Account and activating your Card you acknowledge and agree that the Account Manager and BHN are Authorised Users responsible for management of the Account including making Transactions.

2.3 Authorised users will have certain rights in relation to the Account and Card which are specified by Modulr and detailed within the Introduced Client Terms of Business and more specifically in the Account Terms, Part C.  We have set out some of the key terms below for your ease of reference.  You should read the Introduced Client Terms of Business and Account Terms thoroughly.

Key Terms from the Introduced Client Account Terms with Modulr FS Limited

Clause 5.6 

Your Account will be configured and operated by BHN.  You agree that Modulr and Modulr FS Limited may take instructions from BHN regarding the operation of Your Account, including the creation of beneficiaries and instruction of payments on your behalf.  Modulr and Modulr FS Limited have no liability for actions taken by BHN.  If you disagree with any actions taken by BHN these should be discussed with BHN.  Modulr and Modulr FS are also authorised to take instructions from any other Account Manager (where different from BHN) and, with respect to Physical Card Transactions, from the Cardholder (You).  You are responsible for all actions of the Account Manager and any Cardholder in relation to the Account and/or Card.

Clause 5.12

A Transaction is deemed authorised by you:

5.12.1 when you or your Account Manager or BHN enters the security information on the Modulr Online Portal to confirm a Transaction is authorised, or when it is instructed via the Modulr API with the relevant security credentials;

5.12.2 when you or your Account Manager or BHN submits a request for a creation of a Virtual Card via the Online Portal or Modulr API, you shall be deemed to have authorised any subsequent Virtual Card Transaction made using such Virtual Card up to the authorisation value specified when creating the request for creation of the Virtual Card;

5.12.13 when you or the Cardholder (i) enter a PIN or provide any other security credentials; (ii) sign a sales voucher, (iii) provide the Physical Card details and/or provide any other details as requested; (iv) wave/swipe the Physical Card over a card reader; or (v) insert the Physical Card into a card device or at an ATM;

5.12.14 when you give instructions through a third party (such as the recipient of a Direct Debit Mandate or a Payment Initiation Service Provider).

Once a Transaction is confirmed we cannot revoke the Transaction save for in those circumstances set out in paragraph 5.13 below.

5.13 You can cancel any Transaction which is agreed to take place on a date later than the date you authorised it, provided that you give us notice to cancel no later than close of business on the Business Day before the Transaction was due to take place;

Clause 7.2

The Account will be closed if BHN instructs Modulr to close your Account (in which case BHN will inform you of this instruction).

Clause 7.3

On termination of the Agreement for any reason, these Terms and Conditions will automatically terminate, and your Account will be closed and any Cards issued to you will be cancelled.

2.4 Your Card is a Visa® Card. It is not a credit card and it will be associated to an Account with a sort code and Account number so that it can be used to set up and process Direct Debits. It is in no way connected to a bank account.  

2.5 No interest will be earned on any funds loaded to your Account and/or Card.

2.6 All payments to your Account and Card will be in Pounds Sterling (£).

2.7 Your Account and Card are reloadable (unless otherwise advised in your welcome communications).

2.8 Your Account and Card may be funded, and Transactions authorised, by You, BHN and the other Authorised Users. 

2.9 Only You will be able to authorise Card Transactions.

2.10 You can only spend the available balance in your Account.

3. ACTIVATION AND REGISTRATION

3.1 You must register for and activate your Account and Card within the timescales notified to you by the Account Manager within the invitation to apply for an Account and Card received by post if it is a Physical card or from receipt of Your invitation to register for and activate Your Account and Card via email if it is a Virtual Card.

3.2 To register and activate your Account and Card you must complete the registration and activation process online.  Your welcome communication provides instructions on how to register, activate and access your Account and Card.   Once completed, you will be provided with access to Your online account where you will be able to view your PIN or Virtual Card details, as applicable, and will be able to start using Your Account and Card. 

3.3 You must be at least eighteen (18) years of age and a UK resident to be able to have an Account and Card.

3.4 As part of the registration and activation process, and as required for the duration of these Terms, in order to comply UK anti-money laundering laws, You will be required to undertake identity verification, sanction and Card programme eligibility checks which may include requiring proof of your address, a current photograph and supporting ID.  You will not be able to use the Account and Card until you have successfully completed this identity verification.

3.5 The information you provide us may be checked with credit reference, fraud prevention and other agencies. A search of your credit file may also be undertaken to verify your identity but please note this is not a credit check.  These agencies may keep a record of the searches made.

3.6 If your identity cannot be verified, if you appear on any sanctions list or if we find that you are not eligible or no longer eligible for an Account and Card under these Terms we may refuse to provide you with an Account and Card or we may close the Account and cancel the Card if they have already been provided to you.  In some cases we will have to take further action if required by law.  We will inform you if we intend to close the Account and cancel the Card if it has already been provided to you and if it is lawful to do so.

4. USING YOUR CARD

4.1 If You have been provided with a Physical Card, You will need your PIN before You can use it.  Virtual Cards do not have a PIN as they can only be used for card-not-present transaction (i.e. online or over the phone).

4.2 You can manage your Account and Card at any time within your online account accessed via the website bhnpaycard.co.uk.  You will also be able to view Your PIN, check your balance, retrieve your Virtual Card details (if applicable), view Your 16 digit Card number, expiry date and CVV which you can then use when shopping online, in the same way you would any other Card. 

4.3 You will be required to provide additional authentication when accessing Your online account including entering a one-time passcode sent to you by SMS.   You must, therefore, keep Your contact information in the online account up to date to ensure you can log in to your online account.

4.4 You can change your PIN at any time through any ATM that offers this service.  If we are charged by the ATM provider for this, we reserve the right to pass this charge to your Card.  You should be advised of any charges for changing your PIN at an ATM before you do this.  Please, note we have no control over these charges or this service.  If you do change your PIN ensure that you do not choose a PIN that can be easily guessed such as your telephone number of date of birth.

4.5 If agreed in the Card programme you can use your Physical Card to withdraw cash at an ATM for use by you for the purpose for which the funds have been provided to you.  The Account Manager will advise you of your maximum daily limit and you will only be able to withdraw that amount from an ATM each day, or, where the balance in the Account and on the Card is less than the maximum daily limit the total Card balance.  Please note that the maximum daily limit includes any ATM provider charges.  If we are charged by the ATM provider for this we reserve the right to deduct their charges from the balance in your Account and on your Card or pass the charge through to you where there are not enough funds on your Card.  The ATM provider will notify you of any applicable charges before you withdraw any cash.  Please note we have no control over these charges or this service and will not be able to refund any ATM use charges.  We will monitor ATM withdrawals and may at any time suspend, restrict or cancel your Card for the reasons set out in Clause 7.4 below.

4.6 Unless you have been advised otherwise in your welcome communications you can use your Card at the majority of places that accept Visa in the UK (except as detailed in Clause 5.1 below).  You will not be charged a Card usage fee.

4.7 We cannot guarantee a particular retailer will accept your Card and if you are refused in a location you believe your Card should have been accepted please contact customer services.

4.8 We are not responsible for the quality, safety, legality, non-delivery or any other aspect of any goods or services purchased using your Card or Account.  If you have any disputes about the goods or services purchased with your Card or Account you should settle these with the retailer. (revisit)

4.9 We are not responsible for the set up or amount taken by a retailer or other merchant by Direct Debit.  If you have any disputes about a Direct Debit you should settle these with the relevant retailer or other merchant.

5. ACCOUNT AND CARD USAGE RESTRICTIONS

5.1 Your Account and/or Card cannot be used:

  • to obtain cashback from a retailer;
  • to pre-book services such as hotels and car hire;
  • to pay at CAT terminals;
  • at automated toll roads and bridges or car park and train ticket machines;
  • to obtain foreign currency;
  • to pay off credit card bills, credit agreements, loan agreements or other such debt instruments;
  • for subscriptions or automated period payments;
  • for gambling or adult entertainment;
  • for purchasing illegal goods or services;
  • for point of interaction funding Transactions such as PayPal;
  • for illegal, criminal or terrorist activity.

5.2 If you use your Account and/or Card for any of the purposes set out above we reserve the right to cancel your Card and close your Account and, where we are required, report you to the relevant authorities.

5.3 You cannot add your Card to a digital wallet.

6. STATEMENTS AND MANAGING YOUR ACCOUNT

6.1 We will not send You paper statements.  Your twelve (12) months’ Transaction history is available in your online account via the website.  If you require a paper copy of your statement or a Transaction history older than twelve (12) months please contact customer services.  Fees may apply.

7. EXPIRY AND CANCELLATION

7.1 You have the right to close your Account and cancel your Card free of charge for fourteen (14) days following the date on which you completed the Account and Card registration and activation process.  You will not be entitled to a refund of any Transactions and fees incurred by You before the date of cancellation.

7.2 If you close your Account and cancel your Card after the fourteen (14) day period above you will be charged a cancellation fee (see Fees and Charges).  If there are any Transactions or charges incurred by You before the date of cancellation these will be automatically deducted from your Account and Card balance.

7.3 To close Your Account and cancel Your Card please contact customer services and the Account Manager.

7.4 We may, either directly or because of a request by the Account Manager, at any time suspend, restrict or cancel your Account and Card if:

7.4.1 We are concerned about the security of your Account and/or Card;

7.4.2 We reasonably suspect that your Account and/or Card is being used in an unauthorised, fraudulent or grossly negligent manner;

7.4.3 You break the terms set out in these Terms;

7.4.4 You act in a manner that is threatening or abusive to our staff or any of our representatives;

7.4.5 You fail to pay fees or charges that you have incurred or fail to put right any negative balance that you have been notified about; or

7.4.6 if we are required to do so to comply with law or regulation.

7.5 If we suspend, restrict or close your Account and cancel your Card we will tell you as soon as practicable and permitted by law.  If we suspend your Account and Card you will not be able to use it for the period of suspension.  If there are any Transactions or fees incurred by You before the date of suspension, restriction or cancellation these will be automatically deducted from your Account and Card balance.

7.6 If your Account is closed and/or your Card has been cancelled or has expired You will not be able to use your Account and/or Card. 

7.7 The expiry date is printed on the front of your Physical Card or if you have a Virtual Card it will be displayed on your Card image within your online account accessible via the website.

7.8 If your Account is closed and/or Card expires or is cancelled these Terms will terminate. 

8. REDEEMING YOUR CARD BALANCE

8.1 If your Account is closed and/or Card expires or is cancelled the balance, if any remaining in your Account and on your Card will be returned by BHN to the Account Manager who will refund to You any amounts that have been loaded to your Account and Card by You that you have not used.  Please contact the Account Manager to discuss any queries regarding recovery of any funds that are due to you. BHN does not have any liability for actions taken by the Account Manager or reimbursement or redemption of any balance due to you.  If you disagree with any actions taken by the Account Manager this should be discussed with them.  

9. OUR MUTUAL OBLIGATIONS AND LIABILITY

9.1 You must inform us immediately by contacting customer services if You have a reason to believe that: i) a Transaction on Your Account or Card was unauthorised or was made incorrectly; ii) a Physical Card is lost or stolen; or iii) someone else (other than a TPP) knows your security credentials or otherwise has unauthorised access to your Account and/or Card; or iv) if you believe you have fallen victim to an APP fraud (please refer to Clause 9.8 of the Account Terms). 

9.2 We will not be liable to You for any direct or indirect losses You suffer as a result of: i) anything beyond our reasonable control; ii) any malfunction or your Account and/or Card, where this is not within our reasonable control; ii) the use of Your Account and/or Card in breach of these Terms including but not limited to Your obligation to keep your Account and Card details secure at all times; iv) a retailer refusing or being unable to accept your Card; v) any of the goods or services purchased with your Card; vi) any failure by You to notify us in the circumstances set out in Clause 9.1 above; vii) any failure by You to notify us of any unauthorised or wrong executed Transactions immediately; viii) Your failure to keep your online account and personal information up to date; ix) our compliance with applicable laws.

9.3  We have no liability for actions taken by Modulr and/or Modulr FS Limited and/or any Authorised Users other than BHN.  If you disagree with any actions taken by Modulr, Modulr FS Limited or another Authorised User these should be discussed with them.

9.4 Our liability to You will in all circumstances be limited to the actual amount of any loss or damage you may incur or suffer because of something we have done or failed to do.  Nothing in these Terms will limit our liability for any loss or damage that we are expressly prevented from excluding by applicable law.

10. FEES AND CHARGES

10.1 We do not charge any fees for the provision of the Account and delivery of your Card, for activating your Account and Card and for use of your Account and Card but there are fees for provision of the associated Services detailed below.  All fees are deducted, unless otherwise stated from the balance in your Account and on your Card.  If there is not sufficient balance in Your Account and on your Card to deduct these fees we may not be able to perform the required activity.

Activity

Fee

Replacement Card

£7.95 for a replacement physical Card and £5.00 for a replacement virtual Card. 

Cancellation Fee

£2.00 if cancelled more than fourteen (14) days after the date of receipt of your Card. 

Investigation Fee

£20.00 for each disputed transaction that we have investigated and which was found to have been authorised by your or someone with your consent.  The maximum Investigation Fee that you will be charged is £50.00.

 

11. CHANGES TO THESE TERMS

11.1 We reserve the right to change any of the Terms by notifying you by email, via your online account and/or by any other reasonable means at least two (2) months before the change is due to take effect (unless we are required by law or regulation to amend these Terms immediately or more quickly).  Emails will be treated as being received as soon as we, using details you have provided send it.

11.2 The latest version of these Terms is available in your online account and on the website.  We advise you to print and or save these once you have registered for and activated your Account and Card and each time after we have advised you that these Terms have changed.  To request a copy of the current or any of our past Card Terms by email or post please contact customer services.

11.3 You will be deemed to have accepted all notified changes unless you tell us otherwise before the change(s) take effect.

11.4 If you do not accept our change(s) we will cancel your Card, close your Account and terminate these Terms immediately.  Your right to redeem any available balance due to you is not affected.

12. CONTACT US

12.1 You can contact customer services using the details provided below which can also be found in your online account and on the website or are printed on the back of your Physical Card.

12.2 We will require you to pass our standard security checks before we can assist you.

Email – info@bhnpaycard.co.uk

Telephone - 0800 047 2060

You will not be charged for Calls to this number.

Our customer service agents are available from 8AM to 8PM Monday to Sunday, excluding public holidays. You can report your Card as compromised on this number at any time.

13. COMPLAINTS

13.1 If you have a complaint about your Account and/or Card or the services we provide, please contact us (BHN/Partner Platform) in the first instance so that we can try to resolve it.

13.2 All complaints will be dealt with as quickly and fairly as possible in accordance with our Complaints Procedure.  A copy of this procedure is available on the website or you can request a copy form us by email.  Following our Complaints Procedure does not affect your legal rights.

13.3 In the unlikely event that we cannot resolve your complaint to your satisfaction you can contact the Financial Ombudsman Service (FOS):

Email - complaint.info@financial-ombudsman.org.uk

Telephone - 0300 123 9123 (or +44 20 7964 0500 if you are phoning from abroad)

Calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs

By Post - The Financial Ombudsman Services, Exchange Tower, London, E14 9SR, United Kingdom

More information about the FOS can be found at http://www.financial-ombudsman.org.uk.

14. REGULATORS AND CUSTOMER PROTECTION

14.1 The balance loaded to your Account and Card is electronic money.  This means that the electronic money issuer Modulr FS Limited holds the funds associated with your Account and Card.  Modulr FS Limited whose registered office is at Scale Space, 58 Wood Lane, London W12 7RZ with company registration number 09897919 is authorised and regulated by the Financial Conduct Authority for issuance of electronic money under Registration Number FRN 900573.

14.2 The Financial Services Compensation Scheme is not applicable for the Account.  No other compensation schemes exist to cover losses claimed in connection with your Account.  Modulr FS Limited will ensure that once received your funds are deposited in a safeguarded account in accordance with their legal obligations.  In the event that Modulr FS Limited becomes insolvent funds that are safeguarded by them are protected against claims made by their creditors.

15. DATA PROTECTION

15.1 We process information about you in accordance with our Privacy Notice which is available via the website or by visiting www.ourprivacycommitments.com. The Privacy Notice will help you understand how we may collect, handle, and use your personal information, and to inform you about the choices you can make about your personal information - please read them carefully. We may share your personal information (including but not limited to name, birth of date, home address, e-mail address and telephone number) with third parties such as fraud prevention companies, payment processing companies or card merchants for use in connection with the products and services provided under these Terms.

15.2 By completing the registration and activation process for your Account and Card, you acknowledge and accept that the Account Manager who has requested the Account and Card is provided to you by BHN has the right to manage your Account and Card including accessing and updating your personal details as well as monitoring your spend activity.

16. GENERAL PROVISIONS

16.1 You may not assign any or all of your rights or obligations under these Terms but we may do so at any time on giving you 30 days’ prior notice. Your rights will not be affected, and you have the right to cancel these Terms.

16.2 Each of the terms and conditions included in these Terms are separate from all other terms and conditions, so if one of the terms and conditions is found to be void or otherwise unenforceable it will not affect the validity of any of the others.

16.3 If we do not enforce any of the rights we have under these Terms, or if we delay in enforcing them, that does not prevent us from taking any action to enforce our rights in the future.

16.4 Upon termination of these Terms the terms and conditions that can continue to apply will do so.

16.5 A person who is not a party to these Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

16.6 The laws of England and Wales govern these Terms. The courts of England and Wales will have exclusive jurisdiction to deal with any dispute arising in connection with these Terms, subject to a referral to the Financial Ombudsman Service (see Clause 13 - Complaints Procedure).

 

BHN Pay Card Terms V1.0 20122024