Legal Agreement for iCard for Business Card

Last update: 04.07.2023

1. Legal relationship and Service

1.1 This Agreement is between the Client using iCard for Business Service and iCard for Business Card (referred to as “You”) on one side and iCard AD having its seat and registered office at: Bulgaria, Business Park Varna, PO 9009, UIN: 175325806 authorized and regulated by the Bulgarian National Bank as an Electronic Money Institution under Payment Services and Payment Systems Act (implementing Payment Service Directive (EU) 2015/2366 and Electronic Money Directive 2009/110/EC with license No. 4703-5081/25.07.2011, fully authorized to provide services in all EEA member states, Principal Member of MasterCard VISA and other card organizations (“Card Organizations”), which provides the issuing of card/s and payment transactions with cards under this Agreement (referred to as “us” or “we” or “our”);. A copy of the Public Register of E-money Institutions in which iCard AD is registered can be found at

http://www.bnb.bg/PaymentSystem/PSPaymentOversight/PSPaymentOversightRegisters/index.htm?toLang=_EN;

“iCard for Business”, or the “Service” is an e-money and payment service, which provides the possibilities of instant issuing and loading of electronic money, as well as payment services such as issuing of payment cards, execution of card payment transactions, execution and receipt of money transfers, including instant transfers to other users of the iCard e-money account, SEPA transfers, international transfers.

"Business Card", “Card” or "iCard for Business Card" is a payment instrument, which bears the logo of the Card Organizations used for payments on POS or Internet or cash withdrawals on ATMs. The Card is a plastic card, CHIP & PIN based, embossed with Your name or the name of the specific cardholder, issued with the logo of the Card Organizations.

“iCard Expense Card” or “Expense Card” is a prepaid card that you may request to be issued for your employee/s via your Online account. You shall determine the balance of e-money with which each Expense Card is loaded. It is designed for business expenses that your employees need to cover. The amount of the payments with the Expense Card may not exceed the balance of funds with which you load the Expense Card. The cardholder of the Expense Card may not utilize the balance of your e-money in your iCard for Business Account when making payments.

For the purpose of these General Terms and Conditions all Definitions used herein carry the same meaning as the Definitions provided for in the Legal Agreement for iCard Business Account.

The present agreement regulates the part of the Service, which constitutes of Card/s issuing and processing, and any other payment services with Cards with the logo of the Card Organizations.

This Agreement represents an inseparable part of the Legal Agreement iCard for Business Account.

For the purposes of the present Agreement, all consumer-related protections shall apply to Clients which are micro-enterprises and are protected as Consumers under the payment services legislation of their domicile.

1.2. The terms used in the present Agreement shall have the meaning as those used in the Legal Agreement iCard for Business Account.

"3D Secure" means a specific Personalized security feature, which is applied to any online Card transaction made on a 3D-enabled Merchant’s virtual POS.

"3D-enabled Merchant" means an entity, operating a virtual POS that is compliant with the 3D-secure standard and redirects any cardholders which are transacting on the virtual POS to the respective 3D-secure portal of the issuer of the Card.

1.3 The present Agreement regulates the issuing, use and execution of payments with Card.

1.4 Issuing of Cards:

1.4.1. iCard for Business Card

(i) The iCard for Business Card is not issued automatically and must be ordered by you via the Online account on the Website for the Service or via the Mobile App for which we may charge issuing fee. The Card is issued and linked to your Account by giving access to your e-money held in the Account.

(ii) Your use of the Card/s for payments is subject to opening and maintaining of at least one valid Account with sufficient funds in it.

1.4.2. iCard Expense Card

(i) iCard Expense Card is not issued automatically and must be ordered by you via the Online account for which we may charge you with issuing fee. The Expense Card can be funded with a balance determined by you only after it has been successfully activated by you. In order to fund the Expense Card after activization, you are required to have sufficient funds in your iCard for Business Account.

(ii) issuing of the iCard Expense Card and its use by your employees is subject to maintaining at least one valid Account and is subject to the successful identification and verification of the cardholder of the Expense Card as per our internal AML/FT rules.

(iii) You agree and understand that when you request issuing of Expense Card for your employee/s we shall ask you to provide specific information regarding the cardholder and you shall be responsible to specify limits and operations of the requested Expense Card.

1.4.3. Delivery of Cards.d We shall deliver the cards for the Service to the address specified by you. In case of ordered Expense Cards, it shall be your responsibility to distribute the received Expense Cards to your Employees. You agree and understand that any card issued to you or your employees will be delivered inactive and need to be activated before being used for payments.

1.5 You acknowledge and agree that we will issue the Card and you can use Card upon the following conditions being met:

(i) Verifying the Mobile phone number and e-mail address for the Service;

(ii) Agreeing with the Legal Agreement iCard for Business Account and the present Agreement iCard for Business Card and all supplementary terms (if such are applicable);

(iii) Registering for the Service with entry of valid and true data, such as your name of, country of residence, mobile phone number that will be used by the Service, principal currency of the E-money account and other, as required by us;

(iv) Successfully complete the due diligence procedure as per the applicable legislation;

(v) Perform the procedure for Card activation as indicated by us on the cover of the Card, or the Online account, or in the Mobile App or on the Website of the Service.

1.6 By clicking "Accept" or "Agree" where this option is made available to you by us on the Website for the Service and which you hereby adopt as your electronic signature you consent and agree to the terms and conditions of the present Agreement and therefore the electronic document of the Agreement is deemed as duly signed by you.

1.7 A link of the Agreement will be provided to you in the Online account from where you may download the Agreement in printable form during or immediately after the sign-up process. A copy of the Agreement, as amended from time to time, is available to you in the Website for the Service. You may request to be provided with a copy of the Agreement, and a link to the Agreement will be sent to your registered mobile number for the Service.

1.8 The Agreement and all communication between you and us will be in English language. Where we have provided you with a translation of the English-language version of the Agreement or communication in other languages, this translation is only for your convenience and you explicitly agree that the English-language version of the Agreement and communication will govern the relationship with us. If there is any contradiction between the English-language version and a translation, the English-language version takes precedence.

1.9 You declare that you are concluding the present Agreement you own behalf only and that you are not acting on behalf or on account of third party with respect to the use of the Card.

2. Payment transactions with Cards:

2.1 The payment order executed with the iCard for Business Card or the Expense Card will be received by us in electronic form. Your consent for execution of the payment transaction with Card becomes irrevocable when you present the Card for execution of the transaction and:

a) the chip or the magnetic stripe of Card or NFC built chip is read by the ATM or POS device and/or a valid PIN is entered (except for contactless payments of small amounts) and/or you or authorized cardholder signs the receipt from the device; or

b) by giving the Card or entering it into a terminal and reading of its chip on a self-service terminal; or

c) by entering the data of Card, such as the 16-digits number, validity date or CVC2 code in the Internet; or

d) by providing the card data (number, validity, CVC2) to the provider of goods or services and authorizing him to use it for payment of the respective service by fax, telephone or other communication device.

2.2 By making a payment with your Business Card the balance of e-money in your iCard for Business Account will be deducted with the amount of the transaction plus any fees if such are applicable. You agree and understand that the balance of the Expense Card that you issued for your employees is separate from the balance of your iCard for Business Account and the cardholder of the Expense Card may execute payments only up to the balance of funds with which you have loaded the Expense Card. You may at any time withdraw the remaining funds in the balance of the Expense Card you issued to your employees. The funds will be credited back to the balance of your iCard for Business Account.

2.3 The spending limits of iCard for Business Cards or of the Expense Cards are set out in your Online account for the Service and the Mobile App. To minimize the risk from losses and/or unauthorized transactions, you may set even more strict spending limits via the Online account and manage the security characteristics of the payment instruments, as allowed by the Service, via the Online account or the Mobile App. Requests for blocking and unblocking of Cards may be made only by you in your capacity of main cardholder.

2.4 You understand and agree that in some cases when you perform a cash withdrawal transaction with your Card at ATM or POS terminal the Service provider supporting the terminal may charge you a fee for the transaction. You understand and acknowledge that we may not control the amount of such fees, prevent their application or affect them in any way. We are not liable for the fees determined by other service providers.

3. Personalized Security Features. 3D Secure:

3.1 We have provided to you Personalized Security Features which comply with the principles of strong customer authentication for using all payment instruments, included in the Service, such as, but not limited to secret code for access to the Online account or the Mobile App, secret code for confirmation of payment orders, embossed number of the card, PIN, CVC/CVV or similar code of the card/s and others, which are necessary tools for preserving the security of your payment instruments. We will make sure that the Personalized Security Features of the payment instruments are not accessible to parties other than you or any user authorized by you to use the payment instrument and conform to all Regulatory Technical Standards, without prejudice to your obligations.

The Service allows you to change your PIN code for the card via an ATM device. You are obligated to memorise your Personalised Security Features and to keep them confidential at all times. In case you have reasonable doubts that any third party may have obtained knowledge of your Personalised Security Features, you should immediately inform us of the latter. In case your Card is lost or stolen or in case you have reasonable doubts that any third party may have obtained knowledge of your Personalised Security Features please follow the procedure outlined in 10.5.

3.2 You are able to control the security of the payment instruments, by enabling or disabling them for certain transactions, such as Internet transactions, ATM cash withdrawal or other, receipt of notification after each transaction with Card, and imposing limits, which are more stringent than our default spending limits via the Service. You agree to use these security control mechanisms available in order to minimize the risks of unauthorized access to your Account and unauthorized transactions. You may use the functionalities for disabling cards for Internet transactions and cash withdrawals only.

3.3 You agree to use Personalized Security Features for your payment instruments only in accordance with this Agreement and with the law. You must not provide and must not allow disclosure of the Personalized Security Features to a third party even where the Card or payment instrument is PIN based, because even in this case Card or payment instrument can be comprised and result in unauthorized transactions, for which you are fully liable. The breach of this obligation is breach of your obligation for protection of Personalized Security Features of payment instrument and you will be fully liable for unauthorized transactions as a result of your breach of this obligation wilfully or with gross negligence.

3.4 When you do not act as a consumer you agree that when a transaction is executed with your Card the use of your Card recorded in our system by us as appropriate means that the transaction is authorized by you. The appropriate use includes without limitation any transaction in which the chip or the magnetic stripe of your Card is read by any ATM or POS device, or a self-service machine, and/or your valid PIN is entered, and/or the data of your Card, such as the 16-digits number, validity date or CVC2 code is entered in the Internet. In case where the transaction is executed by a third party the use of your Card recorded in our system as appropriate means you have breached your obligation for protection of your security features with gross negligence or you have acted with fraud, or you have willfully shared your Personalized Security Features with a third party.

3.5 If you believe that your Card(s) or other payment instruments have been used in an unauthorized manner or in case of unauthorized transactions, you have to contact us without undue delay. You agree to notify us via customer support contacts on our Website or via support@icard.com, immediately and without delay in case of loss, theft, misappropriation or unauthorized use of Personalized Security Features, including, but not limited to Cards, and to take all preventive and security measures as allowed by the Service, including to disable the compromised payment instruments via the Service, or allow us to do it and limit the risks of unauthorized transactions and damages. You also agree to notify us without undue delay and in the same manner of any other breach of security regarding the Service of which you have knowledge.

3.6 We may suspend the use of the Card where we suspect that their security may have been compromised or that unauthorized or fraudulent use has taken place. We will inform you in advance or, if that is not possible, immediately after, of the suspension of the use of the Card, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. We will unblock the use of the Card or replace your Personalized Security Features, as soon as practicable after the reasons for the suspension cease to exist and on condition that you have performed all obligations towards us.

3.7. 3D SECURE TERMS

3.7.1. Your Card/s is/are automatically enrolled for use with the iCard 3D Secure service upon online transactions with the Card. 3D Secure is a secure way of using your Card to make purchases on the internet with 3D-enabled Merchants. You are responsible to check and update the mobile phone numbers, to which your Card/s are linked, including the mobile phone numbers of other users, who you have authorized to use additional cards, linked to your e-money account.

3.7.2. We shall send a notification, containing a One-time password ("OTP") code to your linked Mobile phone for the respective Card, or via other means if applicable, each time you make a purchase online on a 3D-enabled Merchant's virtual POS. 3D Secure is provided by the Member in association with Mastercard SecureCode™ and/or Verified by Visa™.

3.7.3. Your use of 3D Secure enables us to carry out strong customer authentication of our cardholders. No other implicit or explicit warranty in regards to the transacted goods or services is made by us when providing you with the 3D Secure Functionality. We do not verify the identity of any merchant or organization that you contract with on the internet nor do we make any statement about the goods or services of any merchant or organization that you choose to place an order with or make a purchase from.

3.7.4. Prior to any online purchase with the Card/s, you must ensure that your mobile phone is able to receive the OTP code in relation to iCard 3D Secure.

3.7.5. Whenever you use your Card/s in order to make a purchase on the internet from a 3D-enabled Merchant you will be presented with an electronic receipt and the OTP code will be sent automatically to your mobile phone, to which the Card is linked. The OTP will be sent via the mobile application for the Service.

3.7.6. Before confirming your internet purchase or order on a 3D-enabled Merchant website, you will be redirected to a web-page which shall include the transaction's details, such as store name, purchase amount and date, if applicable. You will be asked to sign the order by entering your OTP code and clicking 'Submit' to proceed with the purchase. Without entering your OTP code, the internet purchase cannot be completed at 3D-enabled Merchants. In case the OTP code is entered incorrectly three consecutive times you will not be able to proceed with the purchase. If you do not receive the OTP code automatically you may send us a request for the OTP code to be sent to you again. You can make three requests for the OTP Code to be sent to you. If you do not receive the OTP, you have to check that the mobile number, which you have registered and linked to the Card is correct and is the one actually being used, and contact us in case of need. In case of payment transactions initiated by or though the payee, you shall be obliged to enter your OTP at the moment of providing consent for the transaction.

3.7.7 If you change the Mobile Phone Number through which you receive 3D Secure codes, you must notify us immediately to ensure that our records are up to date and we are able to provide you 3D Secure. Notices under this condition should be sent to us as set out in the Communications and Notices part of the present Agreement.

3.7.8. You will be responsible for any fees or charges imposed by third parties in connection with your use of 3D Secure.

3.7.9. (a) We do not verify the identity of any 3D-enabled Merchant nor make any statement, express or implicit, about their goods or services or whether you should contract with them.

(b) The OTP code will only be valid for the purchase you have received it for. You are responsible for maintaining the confidentiality of your OTP codes. You must not give your OTP codes to anyone else.

(c) If you think that there may have been an unauthorized internet transaction with your Card, you must notify us immediately in accordance with the present Legal Agreement.

(d) You agree and confirm that we shall have the right to reject or terminate your use of 3D Secure in cases where we are acting on any of our rights under the present Agreement.

3.7.10 You hereby agree and confirm that where a payment with 3D Secure was made using your Card, the insertion of an OTP Code shall be treated as your valid and irrevocable consent to comply with the payment instruction. You are responsible for all instructions sent using your OTP codes. You are responsible for ensuring that you keep your OTP codes secure and confidential. Further information about your liability and our liability in relation to the use of your Card is set out below in the respective parts of the present Agreement.

3.7.11 Availability of 3D Secure. We try to give a complete service at all times but do not guarantee it. We will not be responsible to you for any unavailability of 3D Secure or any malfunction thereof where any failure on our part is due to:

(a) abnormal or unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all our efforts to the contrary; or

(b) Our obligation to comply with any other provisions of applicable laws.

4. Protection of Your personal information and Financial Secrecy:

4.1 We are authorized to store and process your data, including personal data in terms with the applicable legislation and the terms of the present agreement to the extent that this is necessary for the appropriate conduct of the business relations. For information about our data protection Policy, you have to read the Privacy Policy available on the Website for the Service.

5. Service Fees:

5.1 We will charge you fees to use the Service, as specified in the Tariff. Tariff may be changed by us unilaterally with 2-month notice sent to you.

5.2 Currency conversion: If transaction involves a currency conversion, it will be completed at a foreign exchange rate determined by us. Foreign exchange rate is adjusted regularly based on market conditions (the wholesale exchange rate at which we obtain foreign currency). The exchange rate may be applied immediately and could be viewed by you in your Online account.. You may calculate via your Online account what foreign exchange rate apply for a certain transaction, involving currency exchange.

5.3 Where a currency conversion is offered at the point of sale by the Merchant, not by us, you choose to authorize the payment transaction on the basis of the Merchant's exchange rate and charges, we have no liability to you for that currency conversion.

6. Client's liability

6.1 When you act as a consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument or from its misappropriation, before it is reported, up to a maximum of 100 BGN or the equivalent in EUR unless you were able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of ours. When you do not act as a consumer and you use your Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, we shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, notwithstanding any rights of recourse to which we may be entitled against the payment service provider. Your liability cap of 100 BGN maximum or the equivalent in EUR arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider.

6.2 Notwithstanding the provision above, you shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have acted fraudulently or have, with intent or gross negligence, failed to comply with the Agreement or law, including your obligations to preserve the security of your Personalized Security Features, providing access to your E-money account, or Card or other. When you do not act as a consumer and you use your Card you agree that it is for you to prove that the payment transaction was unauthorized or incorrectly executed.

6.3 You shall be entitled to redress losses in respect to unauthorized or incorrectly executed payment transactions, which does not include any fees, interest or losses (unless you have acted in the capacity of a Consumer) incurred by you in respect of unauthorized or incorrectly executed transactions, whereas the redress shall be payable in case you have informed us for the unauthorized or incorrect transaction within 7 (seven) days afterwards, and in case you have acted as a Consumer, no later than 13 (thirteen) months as of the date of debiting of the payment instrument with the respective unauthorized or incorrectly executed payment transaction. We will, on your request, make efforts to trace the transaction and notify you of the outcome. Where you are entitled to a redress, we will refund the amount of the unauthorized transactions, less applicable fees as per Tariff, by crediting your account.

In the case of an unauthorised payment transaction, which debits your Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by you, except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, we shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your account shall be no later than the date the amount had been debited. You have to inform us via your registered e-mail in case of unauthorized transaction and request a refund.

6.4 You agree that we are entitled to satisfy immediately as they become due any of your obligations by debiting or withdrawing directly funds from your Account under Legal Agreement iCard for Business or by offsetting any outstanding sums owed by us to you, including by debiting or charging your Linked Card.

6.5 We shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects ATMs. We shall be held harmless from any incidents and liabilities that may arise from transactions conducted between us. You shall not bear any financial consequences for the use of the card subsequent to it being reported as lost or stolen, except in the case of fraudulent acts.

7. Termination of the Agreement

7.1 You acknowledge and agree that we may stop providing the Services to you, as provided in the Agreement and the Legal Agreement iCard for Business Account. You may stop using these services at any time, without need to inform us. The Agreement will continue to apply until terminated either by you or by us, as set out below.

7.2 If you want to terminate the present Agreement with us, you may do so immediately and without charge for termination at any time by notifying us, in accordance with clauses for communication by you and us below.

7.3 In case of any risk of Damages for us, resulting from reversals, chargebacks, claims, fees, fines, penalties, your non-compliance with AML/FT or other regulations and other similar liabilities arising from your use of the Service, we may stop providing the Services and/or hold your funds for up to 180 Days even after Termination of Agreement or shorter or longer period, as required by the law, including laws in favor of the consumer. You will remain liable for all obligations arising under this Agreement even after Termination of Agreement and/or closing of Account.

7.4 We may, at any time, terminate the Agreement with you without notice if:

a) You have breached any material provision of the Agreement or law or Regulations of Card Organizations or other Organizations; or

b) We are required to do so by law or Regulations of Card Organizations or other Organizations (for example, where the provision of the Service to you becomes non-compliant with the Regulations).

c) We block the Account, to which the Cards are linked, or otherwise decide to terminate the Legal Agreement iCard for Business Account with you for any reasons. In such case we shall not be liable for terminating this Agreement with you.

7.5 Unless a shorter period is provided in this Agreement, as permitted by law, we may, at any time, terminate the Agreement by giving you two (2) months' notice.

8. Limitation of Warranties:

8.1 We make no express warranties or representations with respect to the provision of the Service. In particular, we do not warrant to you that:

a) Your use of the Service will meet your requirements or expectations;

b) Any information obtained by you as a result of use of the Service will be accurate or reliable.

8.2 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service, except to the extent that they are expressly set out in the Agreement.

8.3 Nothing in the Agreement will affect those mandatory statutory rights to which you are entitled as a consumer and that you cannot contractually agree to alter or waive.

9. Limitation of Liability:

9.1 Nothing in the Agreement will exclude or limit our liability for losses which may not be lawfully excluded or limited by this Agreement or by applicable law.

9.2 Subject to the previous Clause, we will not be liable to you for:

a) Any indirect or consequential losses which may be incurred by you. This will include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

b) Any loss or damage which may be incurred by you as a result of:

(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the Service;

(ii) The deletion of, corruption of or failure to store any communications data maintained or transmitted by or through your use of the Service;

(iii) Your failure to provide us with accurate account information; and

(iv) Any fraudulent use of the Service or attempt for fraudulent use by you or third parties related to you;

c) Any compensation for fees or interest paid or levied on you who are not consumers, as a result of non-performance or incorrect performance of a payment transaction.

10. Communications and Notices

10.1 All information will be made available or provided to you in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English language, unless we support another language for the Service. For each transaction made through the Service we shall provide to you information about its execution deadline, the fees to which you shall be subject and, if applicable, a breakdown of the fees, provided such information is requested prior to execution. Furthermore, once the fees have been debited from your Account, we shall provide you with the following information: (i) a reference number that enables you to identify each payment and, if applicable, information about the beneficiary; (ii) the amount involved in each payment; (iii) the amount of any fees charged and, if applicable, the corresponding breakdown; and (iv) the date of debit. You are entitled to request this information to be provided or made accessible regularly, at least once a month, free of charge, provided you are allowed to store this information and reproduce it without changes.

10.2 You agree that we may send notices and other communications to you via emails, via the Online account or via Mobile App (if applicable) or other reasonable means to any matter relating to your use of Card, including the Agreement (and revisions or amendments to it), notices or disclosures regarding the Card and payment authorizations.

10.3 Particular communications will be handled as follows:

(i) The Agreement will be provided on the Online account or in the Mobile app at the sign-up and will also be available on the Website for the Service;

(ii) Notifications on changes to this Agreement after the sign-up will be provided to your email registered for the Service or on the Online account, or the Mobile App;

(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided to your email registered for the Service or on the Online account;

(iv) Information about Balance or transactions or statements will be made available in transaction history on the Online account or the Mobile App;

(v) Information about a suspension of the use of the Card and about the rejection of transactions with e-money will be made available to your email registered for the Service or on the Online account, or via the Mobile App.

10.4 Any notice sent to us under this Agreement has to be sent by registered post addresses of registered office, as applicable:

Att: iCard

ICard Cards Team

iCard AD, Business Park Varna, PO 9009.

10.5 In the following urgent cases, you have to notify us immediately and without delay:

(i) Notification of loss or theft of your Card, unauthorized use or any security breach of your Personalised Security Features must be made immediately to the customer support contacts on numbers or emails stated on Website for the Service (www.icard.com) and on the back side of the Card as well as to send a written notification by email to support@icard.com;

(ii) Notification of application for Card should be sent via or via email the Online account or via Mobile App.

(iii) Notification by you that you do not agree to the amendment of the Agreement and wish to terminate the Agreement prior to entry into force of the amendments has to be sent from you from your registered email for the Service, from your Online account or via the Mobile App.

(iv) Notifications by you that you complain about certain services have to be sent via from your registered email for the Service, the Mobile app and via your registered mobile number.

(v) Customers claims for refunds of unauthorized transactions have to be sent to us with clear explanation of the claim, reasons why do you believe that the transaction is unauthorized and a request for refund, via e-mail from your registered e-mail for the Service to the e-mail, published on the website for the Service: support@icard.com. We reserve our right not to honour requests for refunds of unauthorized transactions made via the chat channel of communication.

10.6 To help us continually improve our Services and in the interests of security we may monitor and/or record your telephone calls with us.

11. General legal terms

11.1 Unless otherwise expressly stated in the Agreement or Tariff, all amounts stated in the Agreement are denominated in EURO (EUR) or in Bulgarian lev (BGN).

11.2 This Agreement, including Privacy Policy, Tariff and the other Legal Agreements, constitutes the whole legal agreement for your use of the Service.

11.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not constitute a waiver of ours rights and that those rights or remedies will still be available to us.

11.4 If any court of law having the jurisdiction to decide on a matter relating to the Agreement rules that any provision of the Agreement is invalid in respect to you, in your capacity of a consumer, then that provision will be deemed void and will be removed from the content of the Agreement with you without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

11.5 You may not assign your rights under the Agreement or otherwise sub-contract or transfer any of your rights or obligations under the Agreement without our prior written consent.

11.6 We may transfer our rights and obligations under the Agreement to third party, which is a licensed Member giving to you at least two-month notice previous the date of the transfer per e-mail unless such a transfer is required due to regulatory reasons. In case you disagree with such transfer we shall provide you the possibility to terminate the Agreement free of taxes, penalties or other.

11.7 Any claim or dispute arising under the Agreement or as a result of the provision of the Service should, in the first instance, be referred to us in a written form. You have to submit Complains in writing and clearly stating the reasons for complaint. We may not respond to complaints submitted by you, when you have not been successfully identified and verified may not be responded, unless the complaint is related to the process of identification and/or verification of the client. Any complaint shall be reviewed by us within 15 days from its receipt under the condition that the complaint is presented in a clear and understandable manner and is submitted correctly. In case there is no reply to the complaint due to circumstances that are beyond our control we shall be obliged to write back to the Client with the reasons for the delay and the reasonable time in which the issue subject of the complaint will be resolved. In any case the rectification of the issue will be provided within 35 days from the receipt of the complaint from the Client. If you are still dissatisfied with the outcome of the resolution, you may direct your complaint to the following regulatory bodies:

For Complaints related to e-money and payment services, provided by iCard AD:

Conciliation Commission for Payment Disputes on the following address:
Bulgaria, Sofia, 1 Vrabcha street, fl. 4, Phone: +359 2 9330565;
Telefax: +359 2 9884818;
E-mail: adr.payment@kzp.bg;
Website: www.kzp.bg and http://abanksb.bg/pkps.
The Commission is authorized to offer out-of-court solution, which have to be accepted by both parties.

11.8 Both Parties agree that the authentic and/or correct execution of transactions and operations shall be proven with print-outs or statements printed or generated from our IT systems, such as your Online account for the Service for the Service, our Card System, our Register of E-money or other software systems used by us in our capacity of regulated E-Money Institution or our Agents or sub-contractors, in the capacity of our agents .

11.9 "iCard", "iCard for Business Card", and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of Pay Stickers or visualizations or other related to the Service, including logos and marks of Card Organizations are protected by our copyrights, trademark registrations or Patents or other of our intellectual property rights or of third-party Licensor. You may not use, copy, imitate, modify, alter or amend, sell, distribute or provide them without our prior written explicit consent to do so in a separate Agreement.

11.10 You agree that when you use Card not as a consumer but as a person running a business activity the imperative rules of the applicable legislation governing the Charges applicable, the Consent and withdrawal of consent for authorization of payment transactions, the Evidence on authentication and execution of payment transactions, Payer’s liability for unauthorized payment transactions, Irrevocability of a payment order, payment service providers’ liability for non-execution, defective or late execution of payment transactions, as defined in the Directive (EU) 2015/2366 and the national legislation which transposes the Directive, will not apply in those cases where the relevant provisions of this Agreement stipulate differently.

11.11 The Agreement and relationship between you and us arising under this Agreement will be governed by Bulgarian law. When you are using the Service not as a consumer, the Parties agree to submit to the jurisdiction of the competent court in the City of Sofia, Bulgaria to resolve any dispute arising between them. Nevertheless, the Client agrees that we will still be allowed, upon our discretion, to bring a claim or apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court or jurisdiction.