TERMS AND CONDITIONS OF VIRTUAL CARD AGREEMENT
Valid as of November 7, 2021
1. GENERAL PROVISIONS
- This Virtual Card agreement (hereinafter the Agreement) regulates the rights and obligations arising from using a virtual card issued by AS Africa Prepay LLC / (provided by Flutterware) (hereinafter Africa Prepay).
- A virtual card is a virtual means of payment owned by Africa Prepay (hereinafter the Card).
- For using the Card, Africa Prepay and a person holding a current account at Africa Prepay (hereinafter the Account Holder) shall conclude an agreement via Africa Prepay’s Internet Flutterwave Services (hereinafter the Internet Flutterwave Services), stipulating the natural person meeting the requirements of Africa Prepay to whom the Card shall be issued (hereinafter the Cardholder).
- The Account Holder will authorize the Cardholder under the Agreement to use the current account stipulated in the Agreement (hereinafter the Account) with the Card in the agreed
- The Card includes the name of the Cardholder, Card number, its term of validity and Card verification number (hereinafter the Card Data).
- The Cardholder may use the Card to pay via Internet for the goods or services (hereinafter the Transaction) to a person accepting the Card (hereinafter the Service Provider). Permitted Transactions and limitations of the same, incl., maximum Transaction limits for a certain period of time (hereinafter the Limits) shall be agreed in the Commission fees for the Transactions shall be established with Africa Prepay’s price list (hereinafter the Price List).
- Africa Prepay is entitled to offer additional Card-related services and benefits to the Account Holder and the Cardholder. Africa Prepay is also entitled to terminate the additional services and benefits without the prior consent of the Account Holder and the Cardholder. Africa Prepay is entitled to establish commission fees with its Price List for all the mentioned services and benefits.
- In all relations between Africa Prepay, the Account Holder and the Cardholder, which are not regulated in the Agreement, the Parties shall be governed by the General Terms and Conditions of Africa Prepay, the Current Account Agreement concluded between Africa Prepay and the Account Holder, the Internet Flutterwave Services Agreement and the Price List.
- The provisions of the law of the USA shall apply to this
2. THE CARD
- Africa Prepay issues the Card to the Cardholder via the Internet Flutterwave Services by forwarding the Card
- The Card is issued for a specified
- The Cardholder confirms execution of the Transaction by submitting the Card Data to the Service
- The Cardholder shall not use an invalid or blocked
3. GUARANTEEING SAFETY IN USING THE CARD
- The Cardholder shall keep the Card Data with utmost care, prevent possession of the same by third parties and not save the Card Data on any data
- If the third parties have learned the Card Data and in any other case if there is a risk of using the Card by third Parties, the Cardholder or the Account Holder undertake to block the Card in the Internet Flutterwave Services, immediately inform Africa Prepay thereof by Africa Prepay’s 24-hour help- line, forward the message to a Flutterwave Services office or block the Card in any other way acceptable for Africa Prepay.
4. USE OF THE CARD
- The Cardholder is entitled to carry out Transactions within the amount and the limits on the current account (hereinafter the Account) of the Account Holder stipulated in the Agreement on the Internet pages of the Service Providers marked with the logo of the VISA International card
- Transactions made with the Card are binding to the Cardholder, if the Cardholder has given its approval, that is, authorized the For authorizing the Transaction the Cardholder shall enter the Card Data into the field indicated on the respective Internet page of the Service Provider for that purpose. When
performing a transaction, Africa Prepay and the service provider may request the additional identification of the Cardholder
- The Service Provider may, upon demand of Africa Prepay, refuse to accept the
- The Transactions may be carried out only by the Cardholder Africa Prepay has a right to assume that all the Card Transactions have been carried out by the Cardholder and according to the will of the Account Holder until proven otherwise or until the Cardholder and/or Account Holder has informed Africa Prepay in accordance with Clause 3.2.
- The Cardholder may not use the Card for illegal purpose, including for purchasing the goods and services which according to the legislation of the Republic of Estonia are prohibited.
- Africa Prepay may disregard the order forwarded by the Cardholder, if:
- The Account is blocked or attached;
- The Card is blocked;
- The order exceeds the unused part of assigned Limit;
- The funds in the Account are insufficient for performing the Transaction and paying the commission fees as per the Price list;
- On any other grounds as provided in
- Africa Prepay shall:
- fulfil the orders of the Cardholder on the terms established in the settlement terms of Africa Prepay;
- Fulfil any other obligations provided in
- The Cardholder undertakes to inform Africa Prepay of any malfunctions or disturbances in carrying out the
- The Cardholder and the Account Holder may at any time demand blocking of the use of the Card by Africa Prepay.
- Africa Prepay may block the use of the Card, either fully or partially, for certain procedures (e.g. use of the Card for making Internet purchases), if:
- There exist grounds for blocking proceeding from the Agreement, Africa Prepay’s general terms and conditions or legislation;
- The Account Holder or Cardholder does not duly perform one or several of the obligations proceeding from the Agreement;
- Africa Prepay has become aware of a fact, pursuant to which it may reasonably conclude that the Card is being used or may be used against the will of the Account Holder or in case of a fraud by the Account Holder or the Cardholder;
- Africa Prepay shall release the blocking of the use of the Card within 10 calendar days as of receiving the application of the Account Holder if the circumstances forming the basis of blocking have lapsed.
5. PAYMENT OBLIGATION
- Africa Prepay may deduct from the Account all amounts for Card Transactions and commission fees as per the Price List. Africa Prepay shall deduct the monthly fees for the current month from the Account of the Account Holder within the last 10 days of the month. Africa Prepay shall also be entitled to deduct commission fees in the full amount from the Account Holders who are not consumers in the event that the Agreement has terminated during the
- The Account Holder shall guarantee sufficient funds on the Account in the currency agreed upon in the Agreement for paying for the Transactions and commission fees as per the Price
- Upon termination of the Agreement, Africa Prepay shall repay pro rata the advance payments made by the Account Holder in the cases and according to the procedure set forth in the general terms and
- All the claims for the Card Transactions executed in foreign currency are received by Africa Prepay from the VISA International card organization converted into euros according to the exchange rate determined by the organization. Africa Prepay shall be entitled to apply a conversion fee according to the Price
6. INFORMATION ON TRANSACTIONS
- The Account Holder shall be entitled to obtain information on the Transactions from the Internet Flutterwave Services and Africa Prepay’s
7. LIABILITY OF THE PARTIES
- Africa Prepay shall be liable for:
- Disregarded or incompletely fulfilled orders received by Africa Prepay;
- Transactions performed against the will of the Account Holder, except in cases where the Cardholder or Account Holder bears the risk of the Card Data falling into the hands of third parties or where the Cardholder or Account Holder has intentionally or due to gross negligence violated an obligation provided for in the Agreement;
- Any malfunction or disturbance in maintaining the Account;
- If Africa Prepay is held liable pursuant to Clause 1, it shall compensate to the Account Holder for any damage caused as a result of disregarded or incompletely fulfilled order, possible interest and, in the case of a Transaction performed against the will of the Account Holder, restore the Account balance, valid before carrying out the Transactions.
- The Account Holder shall be liable for all Card Transactions, except if rendered otherwise by the Agreement or provisions of
- If the Account Holder violates Clause 5.2 of the Agreement, Africa Prepay shall be entitled to deduct any current accounts of the Account Holder at Africa Prepay to the extent of the outstanding
8. RETENTION LIMIT IN USING THE CARD
- If the Card Data falls into the hands of third parties, the Account Holder shall bear the risk of the Card Data falling into the hands of a third person until informing Africa Prepay in an acceptable way, but to an extent not exceeding the personal liability
- The retention limit will be the tenfold Daily Limit agreed upon in the Agreement, however not more than 150 euros.
- The personal liability limit shall not be applied if the Account Holder or Cardholder has deliberately violated or neglected the obligations stipulated in the Agreement or in case of a fraud by the Account Holder or
9. SETTLEMENT OF DISPUTES
- The Account Holder and/or the Cardholder who is a consumer shall file a claim with Africa Prepay regarding a Transaction performed against the will of the Account Holder or executed incorrectly, immediately after becoming aware thereof, but not later than within 13 months as of deducting the amount from the current account. An Account Holder and/or the Cardholder who is not a consumer shall file the claim with Africa Prepay within 1 month as of deduction of the amount from the account, at the latest.
- All claims regarding other transactions shall be filed to Africa Prepay within 1 month as of the moment of the transaction, at the
- If the claim is filed later than the terms specified in this clause, Africa Prepay shall be entitled to disregard
- Any disputes between the Account Holder, Cardholder and Africa Prepay shall be settled in accordance with Africa Prepay’s general terms and
10. VALIDITY OF AGREEMENT
- The Agreement shall take effect upon the approval by the Account Holder with a code card, the PIN calculator’s passwords, a digital signature, or other electronic means accepted by Africa Prepay, and remain valid until expiry of the term of the
- Africa Prepay is entitled to unilaterally change the conditions of the Agreement (incl. the card limits and the rights of use on justified cases) and the Price List, provided it has given the Account Holder advance notice thereof at the terms and by the time set forth in Africa Prepay’s general terms and conditions. If the Account Holder does not accept the amendments, the Account Holder shall be entitled to cancel the Agreement within the introduction period, performing prior to that all the obligations arising from the Agreement. If the Account Holder has not cancelled the Agreement within the given term, it shall be deemed that they consent to the amendments.
- The Account Holder may cancel the Agreement at any
- Africa Prepay shall have the right of ordinary cancellation of the Agreement by giving the Account Holder who is a consumer at least 2 months’ advance notice thereof and other Account Holders at least 1 month’s advance notice thereof according to the procedure set forth in the general terms and
- The Agreement shall terminate, if:
- Africa Prepay has been notified of the death of the Account Holder who is a natural person;
- the Current Account Agreement concluded between Africa Prepay and the Account Holder has
- Termination of the Agreement shall have no impact on the collection of claims that emerged before the termination of the
- The Account Holder and the Cardholder undertake not to disclose the information in connection with the conclusion and performance of the Agreement to any third Parties, except if this is necessary under the circumstances related to processing the Card and Transactions or in cases as provided b
- Africa Prepay shall be liable for: