Terms and Conditions

BudaPay Prepaid Mastercard® General Terms and Conditions for private individuals

The present General Terms and Conditions (hereinafter referred to as "Terms and Conditions") contain the detailed terms and conditions relating to BudaPay Prepaid Mastercard® issued by Prepaid Financial Services Limited (address: 4th Floor, 36 Carnaby Street, London, W1F 7DR; registered in England and Wales under 06337638; hereinafter referred to as "Service Provider"), an electronic money institution authorised by the Financial Conduct Authority (address: 36 Carnaby Street, London, W1F 7DR, United Kingdom; hereinafter referred to as "FCA") under 900036, including the services provided in connection with the Card.

These Terms and Conditions apply to the contracts governed therein and to the parties to those contracts, also to the Service Provider as the issuer of the Cards and to Customers applying for or holding those Cards, including the holders of Partner Cards, if the Customer is a natural person, i.e. a retail client.

The Card is recognised as electronic money in accordance with Article 2(2) of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (hereinafter referred to as "Electronic Money").

These Terms and Conditions serve as the basis of the relationship between the Service Provider and the Customer.

The Customer shall receive the present Terms and Conditions on the internet when establishing business ties with the Service Provider.

The Service Provider is entitled to make amendments to these Terms and Conditions (including the documents referred to in it). The Service Provider shall notify any changes to these Terms and Conditions to the Customers through its website and by way of e-mail or SMS at least two months before the change enters into effect. If the Customer wishes not to accept the amended Terms and Conditions, the Customer shall terminate the Agreement through the contact points indicated in clause 2.1. and shall cease to use the Payment Services.

Contrary to the above, if amendments to these Terms and Conditions (including the documents referred to in it) are not unfavourable to the Customer then the Customer shall be notified of the amendments 15 (fifteen) days in advance. In this case the Customer may not terminate the Agreement as indicated above.

1. DEFINITIONS

"Account"

means a non-deposit non-interest bearing pre-paid electronic account associated with a Card and maintained for the sole purpose of keeping track of the balance available on the account and enabling Transactions. The Card and the Partner Card is associated to different Account;

The Account shall not be treated as a payment account within the meaning of Point 14 of Article 4 of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC, it functions merely as a register account.

"Customer"

means a person to whom Payment Services are provided and who has been issued at least one Card, and who is the legally and financially responsible person to whom the Payment Services are provided by the Service Provider;

"Card"

means a physical device issued by BudaPay Prepaid Mastercard® bearing electronically stored monetary value, recognized as Electronic Money, as represented by a claim against the Service Provider;

"Partner Cardholder"

means a natural person who holds a Partner Card;

"Partner Card"

any additional card which is issued to a natural person designated by, and under the responsibility of, a Customer holding a Classic Card as the Primary Card;

As regards the Partner Card, the holder of the Primary Card shall be recognized as the Party for the purposes of the present Agreement;

"Website"

means www.budapay.com, www.budapay.com/hu, www.budapay.hu

"Basic Card"

means a personalised Card that the Service Provider issues to the Customer / Partner Cardholder upon Simplified KYC, which may be used for on-line and off-line Transactions, and can be used subject to limits on loading and Transactions as posted on the Website;

"Basic Card Upgrade"

means upgrading the Customer’s Basic Card to a Classic Card after positive identification of the Customer, on the understanding that the Card is not replaced in its physical substance;

"Classic Card"

means a personalised Card that the Service Provider issues to the Customer after Basic Card Upgrade, which may be used for on-line and off-line Transactions, and can be used subject to limits on loading and Transactions as posted on the Website;

"Parties"

mean the Service Provider, the Agent and the Customer, collectively;

"Agreement"

means an Agreement of open-ended duration between the Customer and the Service Provider for the issue and use of the Card, incorporating these General Terms and Conditions, as amended from time to time;

"Authorisation"

means the act of authorising the payment transfer by using the Card together with (i) the PIN Code or with (ii) the CVC Code and expiry date or with (iii) the signature of the Cardholder;

"Available Balance"

means the value of unspent funds loaded onto the Customer’s / Partner Cardholders Account and available to use;

"Business Day in the United Kingdom"

means the days Monday to Friday, 09:00hrs to 18:00hrs GMT, excluding bank and public holidays in the United Kingdom;

"Business Day in Hungary"

means the days Monday to Friday, 08:00hrs to 18:00hrs GMT+1, excluding bank and public holidays in Hungary;

"Schedule of Fees"

means the schedule contained in these Terms and Conditions showing the fees related to use of the Card;

"Fee"

means any fee payable by the Customer, as referenced in the Schedule of Fees;

"Bank Card for Reload"

means a bank card or credit card made out to the Customer’s own name, used for putting funds on account when first applying for a Card, and for loading funds for covering the card fee and the Available Balance through a dedicated Online Platform;

"KYC"

means the process to verify the identity of the Customer and other persons (due diligence) in accordance with the Applicable Anti-Money Laundering Regulations and other measures carried out as prescribed under the Applicable Anti-Money Laundering Regulations;

KYC will be carried out by the Agent.

"Simplified KYC"


means the execution of the following customer due diligence measures:

  • Storing the Customer’s full name, home address, date of birth, e-mail address and phone number on a durable medium by reliable means, in a way accessible for future reference by the Service Provider and the Agent alike;

  • As regards the initial funding transactions for Basic Cards, validating the Customer’s particulars, establishing whether the Customer made the payment transaction using his own bank card, by way of transfer from his own account to the Service Provider’s payment account at OTP Bank Nyrt., or by way of cash deposited at any branch of OTP Bank Nyrt.;

  • Monitoring business ties and carrying out other simplified customer due diligence measures prescribed by the Applicable Anti-Money Laundering Regulations.

Simplified KYC will be executed by the Service Provider.

"Limitation Period"

means the period of 6 years following expiry of the Card;

"Merchant"

means a retailer or any other person that accepts e-money, and any other person that accepts the Card in payment for goods or services under the Card Company’s Mastercard® logo;

"Agent"

means a person pursuing activities under a services contract concluded with the Service Provider for brokering Agreements facilitating the distribution and redemption of Electronic Money in the name of the Service Provider, for it and on its behalf, including the amendment and termination of Agreements.

In respect of BudaPay Prepaid MasterCard®, BudaPay Korlátolt Felelősségű Társaság (address: 1138 Budapest, Népfürdő utca 22.; company registry number: 01-09-178595) functions as the Service Provider’s Agent;

"Payment Services"

means all payment and e-money services and any related services available to the Customer and/or Partner Cardholder(s) through the use of the Card;

"Primary Card"

means the Classic Card held by the Customer who ordered a Partner Card for the Partner Cardholder;

"Reload"

means adding money to the Account, representing funds available on the Account for spending with the Card;

"Card Company"

means Mastercard® as shown on the Card;

"Transaction"

  1. means realising to make a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of the Payment Services, including where payment is made over the internet, by phone or mail order, or

  1. a cash withdrawal made from an ATM or bank using the Card plus any transaction fees charged by the Service Provider or any third party in connection with the cash withdrawal, including any attempt to make the transactions referred to above;

"Username"

means a personal identification code selected by the Service Provider and sent to the Customer by e-mail to access Payment Services through the Online Platform, that is accepted together with the Password;

"Password"

means a personal identification code selected by the Customer to access Payment Services online, that is accepted together with the Username;

"Service Provider"

means Prepaid Financial Services Limited, an electronic money institution provided for in Article 2(1) of the Directive;

Service Provider is the issuer of BudaPay Prepaid Mastercard®, and provides Payment Service to the Customer, including Partner Cardholders;

"Applicable Anti-Money Laundering Regulations"

means statutory provisions applicable in respect of a given Customer, intended to combat money laundering and terrorist financing; as regards Hungarian Customers Act CXXXVI of 2007 on the Prevention and Combating of Money Laundering and Terrorist Financing;

"Online Platform"

means an online application available at https://secure.budapay.com/hu/login.aspx for using Payment Service;

"Data Management Policy"

means the data management policy available on the Website;

"Service Provider’s OTP Bank Account"

means the Service Provider’s payment account at OTP Bank Nyrt., indicated according to clause 28 of these Terms and Conditions for the purposes of card applications.

2. CONTACT INFORMATION

2.1

The Customer shall have access to card-related services through the Online Platform.

Agent’s information:

  • customer services address: Duna Tower Building, 1138 Budapest, Népfürdő utca 22, offering customer services for retail customers solely for the purpose of KYC.
  • call centre:
    in Hungary: +36-(1)-700-2000; in Great-Britain: +44-(0)-20-338-45-888
  • FAX: +36-1-577-2020
  • BudaPay Office: +36-(1)-700-2-700
  • E-mail address:
    For Hungarian correspondence: ugyfelszolgalat@budapay.com
    For English correspondence: customerservice@budapay.com
    Basic Card Upgrade: customerservice@budapay.com
  • SMS: +36-70-943-9393
  • URL: www.budapay.com, www.budapay.com/hu, www.budapay.hu;

During the life of the Agreement the Customer may contact the Service Provider through the above contact points and request a free copy of these Terms and Conditions at any time.

3. GENERAL PROVISIONS

3.1

This Agreement does not give the Customer any rights against the Card Company, its affiliates or any third party.

3.2

The Card issued to the Customer is not a debit card and not a credit card, and is not issued by a bank or other financial institution.

3.3

Payment Services are available only to natural persons of legal age with legal capacity. By agreeing to these Terms and Conditions, the Customer declares to be of legal age and to having legal capacity.

3.4

The Customer may apply for a Primary Card for himself and for Partner Cards to natural persons of his choice of legal age with legal capacity, and also for minors between 14 to 18 years of age. Where applicable, the Customer may apply for up to 3 Partner Cards, for use by Partner Cardholders.

3.5

A Partner Card may be requested on condition that the Customer acknowledges and declares that the Service Provider accepts no responsibility or liability of any kind whatsoever for use of any Partner Card by any Partner Cardholder for Transactions not authorised by the Customer. In applying for a Partner Card the Customer represents that the Partner Cardholders are entitled to hold the Partner Card.

3.6

In applying for a Partner Card, the Customer is liable to inform the Partner Cardholder that the Partner Card may be used only by the holder of the given Partner Card.

3.7

In applying for a Partner Card, the Service Provider shall perform Simplified KYC for verifying the identity of the Partner Cardholders affected. Issuing the Partner Card is subject to successful execution of that procedure. Once issued, the Partner Card functions as a Basic Card with the restriction, that the Partner Card can be uploaded only from the Primary Card.

3.8

A Partner Card is issued on condition that the Service Provider, or its Agent, successfully carries out the Classic Card Upgrade, in other words the Partner Card can be issued only after the Primary Card that qualifies as a Classic Card.

3.9

If a Partner Card is issued, the Customer keeps the Primary Card and remains able to use it henceforward.

3.10

A Primary Card, or a Partner Card cannot be issued to persons of limited legal capacity or to incompetent persons, nor to persons who cannot, or unable to read and/or write. Transactions by persons under 18 years of age may not be allowed by some Merchants. In all cases, the Customer shall be responsible for any use of the Payment Services by such persons.

3.11

The Service Provider agrees to provide to the Customer Payment Services linked to the Basic Card following successful completion of Simplified Customer Due Diligence Measures.

3.12

The Service Provider agrees to provide to the Customer Payment Services linked to the Classic Card following successful completion of Classic Card Upgrade comprising Customer Due Diligence Measures.

3.13

The Available Balance on the Account and/or Card will not earn any interest.

3.14

The Payment Services are prepaid payment services and not a credit or bank product, the Customer must therefore ensure to have a sufficient Available Balance to pay for each purchase, payment or cash withdrawal made using the Payment Services (including value added tax and any other taxes, charges and fees that are applicable). If for any reason a Transaction is processed knowing that the Transaction amount exceeds the Available Balance, the Customer must repay the amount of such excess immediately and the Service Provider shall be entitled to refuse to execute any existing or subsequent Transactions.

3.15

Using the Card shall constitute the Customer’s guarantee to having paid all taxes in respect of the funds deposited to the Account, and to having satisfied all taxation and similar obligations, including, but not limited to, mandatory report made to the tax authority. In connection with the Customer’s tax payment and other tax-related obligations the Service Provider and/or the Agent shall not be held liable in any way whatsoever.

4. DATA PROCESSING, MONEY LAUNDERING

4.1

The Service Provider and the Agent shall process the personal data of Customers and Partner Cardholders in accordance with the relevant statutory provisions in force. In addition to what is contained in this clause 4, data processing by the Agent is governed by the Privacy Policy, available for downloading on the Website. Data processing by the Service Provider is governed by the provisions set out in this clause 4.

4.2

The reason for processing and using the personal data of Customers is to execute the Agreement concluded between the Service Provider and the Customer based on the legal relationship between the Service Provider and the Customer, verifying the identity of the Customer and Partner Cardholders under the Applicable Anti-Money Laundering Regulations, including the performance of other obligations provided for in the Applicable Anti-Money Laundering Regulations, keeping accurate records of accounts, complaints handling, liability management, enforcement of claims, and enabling the Service Provider to keep the Customer informed regarding the services it provides, covering also the rights and obligations of the Parties, and to maintain communication.

4.3

The Service Provider, or the Agent, may use – upon consent – the Customer’s personal data for marketing purposes and for market research purposes, in accordance with applicable legislation and the Service Provider’s Privacy Policy.

4.4

The Service Provider may contact other organizations to verify the Customer’s personal data and may request additional information from the Customer to prove his identity, and for the purpose of compliance with anti-money laundering requirements and other statutory provisions. A record of such enquiries will be kept in the Service Provider’s Customer files.

4.5

In accordance with the provisions of the relevant legislation, the Service Provider may disclose personal data in its possession to certain third parties (including data processors) for the purpose of performing its obligations and exercising the rights set out the Agreement, including third parties located outside the European Union where different data protection standards may apply.

4.6

The Service Provider may also disclose personal data where so required by law or any competent authority.

4.7

By agreeing to conclude the Agreement (accepting these Terms and Conditions) the Customer gives consent in allowing the Service Provider to process his personal data indicated in the Agreement relating to the supply of Payment Services and in the related documents and instruments for the purposes above-specified and in accordance with the relevant legislation.

4.8

The Customer has the right to receive information from the Service Provider concerning the processing of his personal data. Upon the data subject’s request the Service Provider provides information concerning the data relating to him, including the sources of such data, the purpose, grounds and duration of processing, and the recipients of his data and the purpose for which they are or had been disclosed. Request for information should be delivered to the Agent’s postal or e-mail address indicated in clause 2.1, for which a reply will be dispatched within not more than 30 days by e-mail written in readily intelligible language. The data subject will receive a written answer dispatched in a postal consignment upon request, provided that the postal address is indicated in the request.

4.9

Where a personal data is deemed inaccurate, and the correct personal data is at the Service Provider’s or Agent’s disposal, the Service Provider or Agent shall correct the personal data in question. The Customer may also request to have his inaccurately recorded personal data corrected according to the rules on requesting information, if such correction cannot be performed by other means (such as through the Online Platform).

4.10

The Customer may at any time request his personal data to be deleted. Such requests should be delivered to the Agent’s postal or e-mail address indicated in clause 2.1. The Customer takes notice of the fact that requesting the deletion of any personal data that the Customer is required to provide may lead to the termination of the Agreement.

4.11

By agreeing to these Terms and Conditions, the Customer declares to have knowledge of the Privacy Policy and has undertaken to be bound by it (as amended from time to time).

4.12

Subject to the Customer’s consent, the Service Provider may disclose his data to third parties indicated in the consent for marketing purposes and for market research purposes, permitting such third parties to inform the Customer about their products and services by e-mail. The Customer may give such consent in writing.

4.13

Customer is aware that the services provided by the Service Provider under the present Agreement fall within the scope of Applicable Anti-Money Laundering Regulations. The Customer is under obligation to comply with the requirements set out in the Applicable Anti-Money Laundering Regulations in respect of the Service Provider as well. The Service Provider shall refuse to execute a Transaction, and/or shall refuse to establish business relations with the Customer or shall terminate existing business relations if the Customer fails to comply with the requirements set out in the Applicable Anti-Money Laundering Regulations and/or in these Terms and Conditions.

4.14

Where KYC is required under these Terms and Conditions, the Service Provider shall record the following particulars of Customers:

  • surname and forename (birth name),
  • nationality,
  • home address (as shown in the personal identification document or official address card, if no address is available, it will be marked "home address not available"),
  • and the number(s) and type(s) of identification document(s).

In the case of non-resident natural persons, the Agent shall record the data referred to above as shown in the identification document, and the place of abode in Hungary (if any). The Agent may decide on a risk-sensitive basis whether to record any data above and beyond the required minimum.

4.15

In the process of KYC, the Agent shall insist on requiring presentation of the following documents or making the following statements for the purpose of verification of identity:

  • official document suitable for identification purposes and official address card of Hungarian citizens,
  • passport or personal identity card for non-resident natural persons, if it embodies an authorisation to reside in Hungary, or a document evidencing the right of residence or a valid residence permit,
  • in the case of natural persons residing abroad, a statement if considered politically exposed,
  • in the case of natural persons residing abroad and considered politically exposed, a statement as regards the source of funds.

4.16

In the process of KYC, the Agent shall ask the Customer to declare in writing whether carrying out transactions acting in his own name or in the name of others.

4.17

The Customer shall report to the Agent within two Business Days in Hungary any changes in the data referred to above or in his own particulars. The responsibility for any loss or damage resulting from any failure to comply with the reporting obligation lies with the Customer.

4.18

If the Agent requests any other statement or data provided for in the Applicable Anti-Money Laundering Regulations, or requests them to be re-submitted, the Customer agrees to supply the requested statement or data to the Agent in the form and with the contents, and within the deadline prescribed by the Service Provider.

4.19

In the process of KYC, the Agent shall request a statement from the Customer residing abroad in writing, subject to formal requirements prescribed by the Service Provider, to declare whether he is considered politically exposed according to national law of his own country, and shall request another statement having regard to information and other content provided for in the Applicable Anti-Money Laundering Regulations in respect of politically exposed persons.

4.20

The Service Provider and the Agent reserves the right to verify the Customer’s identity and/or home address at any time, and shall request the relevant proofs (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of application or at any time in the future, the Service Provider and the Agent is authorised to perform electronic identity verification checks regarding the Customer directly or using relevant third parties.

5. CARD APPLICATION

5.1

Card applications must be submitted electronically, on the Website, with the Customer’s complete personal data indicated in full.

5.2

During promotional campaigns, Card applications can be made assisted by the Agent’s staff, online using the tablet or laptop supplied by the Agent. The Agent provides information on such promotional campaigns on the Website.

5.3

Card applications are accepted if the Card Fee and the initial balance is paid up in full – as shown below – in the amount indicated in the application:

payment made by the Bank Card for Reload made out to the Customer’s name, in the amount indicated in the application (successful collection);
cash deposited at any OTP Bank Nyrt. branch to the Service Provider’s OTP Bank Account, by the applicant personally;
payment by way of transfer to the Service Provider’s OTP Bank Account from the applicant’s personal account.

5.4

For the addresses and opening hours of OTP Bank Nyrt. branches visit www.otp.hu.

5.5

If either of the above-specified conditions for card application are not satisfied, the Service Provider shall reject the application. If rejected, the Service Provider or its Agent shall notify the Customer directly on the Website or by way of e-mail.

5.6

Applications for Partner Cards are to be submitted electronically, on the Online Platform, upon entering the Customer’s own Username and Password, following successful completion of customer due diligence measures and Classic Card Upgrade, with the personal data of the Partner Cardholder indicated therein provided in full. In the application for Partner Cards the Customer declares that the Partner Cardholders have knowledge of these Terms and Conditions and have undertaken to be bound by it. Responsibility for the consequences resulting from any failure to comply with the above requirement lies with the Customer. The Customer takes notice of the fact that responsibility for the Partner Cardholder’s actions lies with the Customer.

5.7

An application for Partner Card will be approved only if the Partner Card Fee can be collected from the Customer’s Account.

5.8

If either of the above-specified conditions for Partner Card application are not satisfied, the Service Provider shall reject the application. If rejected, the Service Provider or its Agent shall notify the Customer directly on the Website or by way of e-mail.

5.9

The PIN for the Partner Card will be sent to the Partner Cardholder following registration through an SMS sent to the phone number given by the Customer, which can be Customer’s or the Partner Cardholder’s phone number.

5.10

The Customer takes notice of the fact that:

the Partner Card’s further SMS transactions can be commanded by the mobile number registered to the Partner Card
the Partner Card’s further Customer Centre e-mail enquiry / e-mail communication are going via the e-mail address registered to the Partner Card

6. ASSESSMENT OF CARD APPLICATIONS

6.1

The Service Provider reserves the right to either approve the applicant’s request for a card by individual decision, or to refuse it without giving reason.

6.2

The Service Provider shall not be required to give cause for its refusal of any card application.

6.3

If the application is approved, the Agreement enters into effect upon the acceptance of these Terms and Conditions and shall remain in effect until the Card’s date of expiry.

7. PRODUCTION AND DELIVERY OF CARDS

7.1

If the applicant meets all relevant conditions and the Service Provider approves the card application, the Service Provider shall produce the Card within 15 Business Day in the United Kingdom from the date of approval, and shall send it to the Customer in a postal consignment to the home address indicated in the card application. If the Customer does not receive the Card within 24 Business Day in Hungary following the date of application, the Customer shall contact the Agent at the contact points indicated in clause 2.1.

Please note that the production and delivery of cards takes somewhat longer during festive periods (Christmas, New Year’s Eve, Easter), meaning that the above-specified time limits may be extended by 7 days.

7.2

The Card is delivered to the Customer inactive, that is to say it cannot be used for accessing Payment Services before it is activated as explained in clause 8 of these Terms and Conditions.

7.3

If the Customer applied for a Partner Card, the Service Provider shall deliver the Partner Card to the designated Partner Cardholder to the home address indicated in the application for Partner Card. If the Partner Cardholder does not receive the Card within 24 Business Days in Hungary following the date of application, the Customer shall contact the Agent at the contact points indicated in clause 2.1.

7.4

If the Card dispatched through a carrier service (postal service) is returned to the Service Provider or to its Agent, or if the Customer wishes to collect the Card at the Service Provider’s premises, and the Customer fails to collect the Card within 90 days from the date of return or form the date of notice, respectively, the Service Provider shall be entitled to charge a storage fee and to destroy the Card after 90 days.

8. ACTIVATION OF CARDS

8.1

The user of the Card must sign the signature strip on the Card immediately when received. The Card may be used for Payment Services only if signed by the Customer, or by the Partner Cardholder in the case of Partner Cards.

8.2

Customers may activate their Cards at https://secure.budapay.com using the Card activation function, or by SMS using the ACTIVATION function.

8.3

Partner Cardholders may activate their Partner Cards at https://secure.budapay.com using the Card activation function, or by SMS using the ACTIVATION function.

8.4

The Service Provider shall send the PIN for a Card to the Customer / Partner Cardholder through an SMS. The SMS has to be requested by the Customer / Partner Cardholder following activation in the format published at www.budapay.hu through an SMS sent to the phone number indicated.

8.5

When the Card is activated, the Service Provider shall send the Customer’s Username and Password for accessing the Online Platform to the Customer’s e-mail address indicated in the application.

9. INFORMATION ON THE CARD

9.1

The front of the Card contains the name of the Agent, the Card Company’s logo, a chip, and the name of the Customer to whom the Card is issued (that must be the same as the name shown in the Customer’s personal identification document, however, if it is longer than 24 characters, an abridged name will be used from which the Customer’s identity can be established beyond any doubt from the personal identification document), as well as the Card number and the date of expiry.

9.2

The back of the Card contains a magnetic strip, the signature panel with the CVC2 code, and the name and address of the Service Provider, and the Service Provider’s call centre in England. We recommend that the Customer should contact the Service Provider through the Agent’s contact points indicated in clause 2.1, rather than through the contact points shown on the Card.

10. SERVICE LIMITS

10.1

Transactions may be restricted by Card type, individual usage patterns and payment risk profiles. For anti-money laundering and anti-fraud reasons, and also for reasons of preventing terrorist financing, the Service Provider reserves the right to change particular payment restrictions (including from those published or included herein) without prior notice and to the extent required to meet the Service Provider’s statutory obligations.

11. USE OF THE SERVICES

11.1

The Customer and the Partner Cardholder shall be entitled to use, respectively, the Card and the Accounts, and the Partner Card every day of the week, 24 hours a day, and authorisation requests by acquirers may also be forwarded 24 hours a day.

11.2

As regards the use of the Card and the settlement of Transactions carried out with the Card the conditions laid down by the relevant Card Company, the Merchant’s bank or by the Service Provider shall apply, including the procedures relating to complaints.

11.3

The Card is linked to an Account from which all Transactions and Fees will be deducted. The Partner Card is linked to an another Account from which all Transactions and Fees will be deducted.

11.4

The Service Provider may charge a Fee in connection with any of the services and facilities that the Customer has made use of or requested based on the Schedule of Fees.

11.5

The Customer may reload the Primary Card by the following means:

payment made by the Bank Card for Reload made out to the Customer’s name, with the Card used in the card application process (bank card payment);
cash deposited at any OTP Bank Nyrt. branch to the Service Provider’s OTP Bank Account;
payment by way of transfer to the Service Provider’s OTP Bank Account.

As regards the cash deposit made under clause 11.5 b) above, OTP Bank Nyrt. may charge a fee, where the amount deposited must reach the minimum balance requirement after the fee is deducted.

The Customer may reload the Partner Card by the following means:

Online card to card transfer from the Customer’s Account / Primary Card
SMS card to card transfer from the Customer’s Account / Primary Card

11.6

After loading the funds on the account it will be credited to the Available Balance at the following times:

Bank card payment: immediately (real time);
Cash deposit: T+2 days;
Transfer: Within 2 days after the sum is credited to the receiving account.

11.7

According to the relevant legislation the Service Provider accepts funds loaded on the account only if loading is carried out by the Customer. If there is proof that the funds arrived from a source other than the Cardholder Customer, the Service Provider shall refuse to credit the sum to the account intended. The Service Provider shall not be liable for any loss resulting from such refusal.

11.8

If the Customer wishes to receive funds for the purpose of loading into his Account from other persons as well, the Customer is required to contact the Agent at the contact points indicated in clause 2.1 before the time of loading, and to supply information, and documents, about the person providing the funds, including such person’s relationship with the Customer. The Service Provider reserves the right to refuse to accept funds from third parties for the purpose of reloading.

11.9

The Service Provider shall charge a Reloading Fee according to the Schedule of Fees.

11.10

If the Customer loads more funds for the Basic Card in an amount exceeding the reloadable amount limit indicated on the Website (overloading), the Agent shall inform the Customer by e-mail about the possibility of receiving a Classic Card Upgrade. Should the Customer refuse to take advantage of that possibility, the amount overloaded will be refunded within 30 days by way of bank transfer, or by way of domestic postal money order if the Customer’s account information is not available.

11.11

Reference to a currency (e.g. Euros € or EUR; Sterling £ or GBP; US Dollar: $ or USD) shall mean that amount or the local currency equivalent in which your Card is denominated.

11.12

The Customer or the Partner Cardholder can use the Payment Services up to the amount of the Available Balance for Transactions at the Card Company’s Merchants of the relevant System. If the Available Balance is insufficient to pay for a Transaction, some Merchants will not permit the Customer to combine use of a Card or Account with other payment methods.

11.13

The Card can be used to make cash withdrawals from ATMs and banks who agree to provide this service, as listed in the Schedule of Fees (subject to any maximum set by the relevant ATM operator or bank), in the absence of any information to the contrary.

11.14

In connection with cash withdrawals from ATMs the Customer, or the Partner Cardholder if an Partner Card is involved, is given a receipt. The Customer or Partner Cardholder shall check the receipt and shall keep it until the time limit open for complaints, and to enclose it if a compliant is made.

11.15

If the wrong PIN is given several times in a single day, the ATM may withhold the Card. The Cards thus withheld will be invalidated.

11.16

The value of each Transaction and the amount of any Fees or charges payable by the Customer under the Agreement will be deducted from the Available Balance.

11.17

Once a Transaction is authorised it cannot be withdrawn.

11.18

If the institution of the Merchant providing payment services (payment service provider) is located outside the European Economic Area, the Service Provider will carry out the transfer as soon as possible.

11.19

In order to protect the Customer and, where applicable, the Partner Cardholder and the Service Provider from fraud, Merchants and ATM operators will seek electronic authorisation before processing any Transaction. If a Merchant or ATM operator is unable to get an electronic authorisation, they may refuse to execute the Transaction.

11.20

The Service Provider may refuse to authorise any use of the Payment Services which could breach these Terms and Conditions or if the Service Provider has reasonable grounds for suspecting that the Customer, a Partner Cardholder or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Payment Services.

11.21

The Payment Services will incur fees based upon the Schedule of Fees. A Transaction Fee is payable in respect of each Transaction, when carried out. A Cash Withdrawal Fee is payable in respect of cash withdrawals made at ATMs using the Card. In addition, the withdrawal may also be subject to any applicable fees, rules and regulations of the relevant ATM operator or bank. It is the Customer’s responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.

11.22

The responsibility for fees and charges relating to any Transactions, cash withdrawals from ATMs, other Payment Services, and for fees and charges incurred by the Customer’s Partner Cardholder(s) lies with the Customer, such fees and charges shall be covered by the Customer, that is to say the Customer will continue to be regarded as the holder of any funds already or subsequently loaded on the Account.

11.23

The Customer takes notice of the fact that the Service Provider may limit the use of Payment Services or access to the Card under particular circumstances (system development and maintenance). Where possible the Service Provider will inform the Customers concerning the time of such limitations by means of notice published on the Website.

11.24

The Customer has the possibility to transfer the Available Balance from his Card or Account to any other BudaPay Prepaid Mastercard® issued by the Service Provider through the Online Platform or using the SMS service. The amount indicated in the transfer order will be deducted from the Account, and will be credited to an Account indicated by the Customer. To that end the Service Provider shall charge a Fee according to the Schedule of Fees.

11.25

If a Transaction is refused for reasons attributable to the Customer, for example the PIN given by the Customer was wrong, the Service Provider shall be entitled to charge a fee for each refused Transaction according to the Schedule of Fees.

12. CONDITION OF USE AT CERTAIN MERCHANTS

12.1

Using the Card at fully automatic fuelling stations, or at Merchants requiring pre-authorisation is not possible for security reasons.

12.2

In some circumstances the Service Providers or Merchants may require Customers to have an Available Balance in excess of the Transaction amount. For example, at restaurants the Customer may be required to have 15% more on the Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or the Customer.

12.3

In some circumstances Merchants may require verification that the Available Balance will cover the Transaction amount and initiate a hold on the Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on the Customer’s Account, the Customer will not have access to these funds until the Transaction is completed or released by the Merchant which may take up to 30 days.

12.4

If the Customer uses the Card at a fuelling station, subject to Merchant acceptance, the Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If the Customer does not use the whole pre-authorisation amount or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to the Customer again.

12.5

Some Merchants may not accept payment using the Service Provider’s Payment Services. It is the Customer’s responsibility to check the policy with each Merchant. The Service Provider accepts no liability if a Merchant refuses to accept payment using the Service Provider’s Payment Services.

12.6

If the Card is used at a Merchant that does not accept prepaid cards (even if it accepts Mastercard® type bank cards), and the transaction is refused in consequence, the Service Provider shall be entitled to charge a fee under the Schedule of Fees for each such refused transaction.

13. MANAGING & PROTECTING ACCOUNTS

13.1

The Customer, or the Partner Cardholder in respect of a Partner Card, is responsible for the Card, any Username and Password used on the Online Platform, for the Card’s PIN, and for making these inaccessible to unauthorised persons.

13.2

The Customer and the Partner Cardholder must keep the PIN linked to the Card, the Username and Password used online safe, and separate from the Card or any record of the Card number and not disclose it to anyone else. This includes:

memorising the PIN as soon as it is received, and delete the SMS used to transmit it;
never writing the PIN on your Card or on anything you usually keep with the Card;
keeping the PIN secret at all times, including by not using the PIN if anyone else is watching;
not disclosing the PIN to any person.

13.3

Failure to comply with clause 13.2 of these Terms and Conditions may affect the Customer’s, or the Partner Cardholder’s where applicable, ability to claim any losses in the event that the Service Provider can show that the Customer, or the Partner Cardholder, has intentionally or negligently failed to keep the information safe or has acted fraudulently, with undue delay or with gross negligence. In all other circumstances the maximum liability shall be as set out below in clause 20 of these Terms and Conditions.

13.4

If the PIN is forgotten, the Customer should contact the call centre for a replacement PIN, or may request one through SMS, at the contact points indicated in clause 2.1 of these Terms and Conditions. The Service Provider shall send the Subsequent PIN Enquiry to the Customer through an SMS dispatched to the mobile phone number on record. To that end the Service Provider shall charge a Fee according to the Schedule of Fees.

13.5

The Customer / Partner Cardholder may access the Online Platform by entering the Username and Password and use it to perform the following functions:

Changing the E-mail address;
Checking the amount of Available Balance;
Checking Transaction details;
Registering the Bank Card for Reload (Customer only);
Loading funds from the Bank Card for Reload on the Card (Customer only);
Transfer to another BudaPay Prepaid Mastercard® (Customer only);
Requesting a Classic Card Upgrade, applying for an Partner Card (Customer only);
Reporting a Card as lost or stolen (temporary blocking, releasing temporary block);
Changing the Password.

13.6

The Customer / Partner Cardholder may carry out the following operations through SMS, any day of the week, 24 hours a day, subject to payment of a fee under the Schedule of Fees:

Activation the Card;
Initial or subsequent PIN Enquiry;
Available Balance request;
Cancelling the Card;
Release cancellation of the Card;
Transfer to another BudaPay Prepaid Mastercard® (Customer only);
Requesting help.

SMS service is available only through the mobile phone number previously given by the Customer / Partner Cardholder to the Service Provider.

13.7

The Customer / Partner Cardholder may carry out the following operations through the call centre’s automated service, any day of the week, 24 hours a day, by supplying the information requested, subject to payment of a fee under the Schedule of Fees:

Initial PIN Enquiry;
Available Balance request.

13.8

The Customer / Partner Cardholder may carry out the following operations through the call centre’s operator, any day of the week, on Business Days in Hungary 08:00hrs to 18:00hrs, 08:00hrs to 20:00hrs on Wednesdays:

Requesting Card, Transaction and Available Balance information;
Cancelling the Card, reactivation, requesting replacement card;
Changing Customer and Partner Cardholder data and mobile phone number;
Lodging complaints;
Requesting a Classic Card Upgrade (Customer only);
PIN replacement;
Requesting Username and Password for Online Platform access, release blocking.

13.9

The Customer takes notice of the fact that, for reasons of safety, the call centre operator will be permitted to give any information regarding the Customer’s personal data, online account, PIN, password, Card and the account balance, Transactions and the particulars of Transactions only if able to verify the Customer’s identity over the phone. In the voice identification procedure the Customer is asked to relay his personal data, the last 4 digits of his Card, and the answer to the safety question recorded at the time of registration of the Card to the operator over the phone. The Customer takes notice of the fact that if the answer given to either one of the questions requesting information to verify his identity is wrong, the operator shall refuse to disclose the information referred to in this clause.

13.10

The Payment Services may only be used by the Customer or any Partner Cardholder.

13.11

Apart from the Partner Cardholder, the Customer may not allow any other person to use the Payment Services.

13.12

The Customer and the Partner Cardholder must keep the Card in a safe place.

13.13

If the Customer suspects that someone else knows his Account or Card security details, the Customer should contact the Agent immediately at either of the contact points given under clause 2.1 of these Terms and Conditions.

13.14

Once any Card on the Customer’s Account has expired or if it is found after the Customer has reported it as lost or stolen, the Customer agrees to destroy such Card(s) by cutting the Card in two through the magnetic strip.

14. IDENTITY VERIFICATION IN TRANSACTIONS

14.1

If the Customer enters into Transactions over the internet, some websites require the Customer to enter his name and address. In such cases the Customer should supply the most recent address which has been registered with the Service Provider.

15. COMMUNICATIONS REGARDING THE ACCOUNT

15.1

Customers shall have access to information about their Transactions and Available Balance according to clauses 13.5 – 13.8 of these Terms and Conditions.

15.2

The Service Provider shall provide a history of transactions on paper, covering the period indicated, at the Customer’s request. Customers may request their history of transactions through the call centre referred to in clause 2.1 of these Terms and Conditions. It may be requested once a month free of charge, for additional requests the Service Provider shall charge a fee according to the Schedule of Fees.

16. TERMINATION OF THE AGREEMENT

16.1

If the Customer wishes to terminate the Agreement, a notice of termination should be sent by e-mail or by way of post to the Agent delivered to the address indicated in clause 2.1 of these Terms and Conditions.

16.2

The notice of termination shall contain:

a clear indication of termination (for example: "I hereby wish to terminate…");
the Customer’s name;
the Customer’s identification number or the last 4 digits of the Card;
the date of termination, if other than the date of receipt of the notice;
number of the payment account to which any unused funds should be transferred.

16.3

In the Primary Cards, termination of the existing Agreement automatically terminates the Agreement of any related Partner Card as well.

16.4

The Service Provider reserves the right to decline the request of termination if the notice does not contain all of the information provided for in clause 16.2, except for the data mentioned in clause 16.2 iv.

16.5

The e-mail must be sent from the e-mail address provided to the Service Provider.

16.6

The Service Provider, or the Agent acting in its name and on its behalf, shall terminate the Agreement subject to a 30-day notice period. In that time the Service Provider shall be entitled to cover the sum of any Transaction carried out with the Card and the related expenses from the Account.

16.7

When the Agreement is terminated, the Service Provider will refund to the Customer any Available Balance less any Fees and charges within 30 days after the date of termination of the Agreement, provided that:

Customer has not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
the Service Provider is not required to withhold the Available Balance by law or administrative decision, or by any police or court decision.

16.8

Once the Fees and charges are deducted, the Service Provider shall repay the Available Balance to the Customer by way of transfer to the payment account the Customer has indicated. If the Customer did not specify an account number, the Service Provider shall send the funds to the address shown in its records by post.

16.9

If the Agreement is terminated by the Service Provider, the Customer will be asked to indicate in writing the payment account to which the Available Balance remaining after the Fees and charges are deducted can be refunded. If the Customer did not provide any account information, the Service Provider shall send the funds to the address shown in its records by post, by way of domestic postal money order if the Customer has an address in Hungary.

16.10

The Customer takes notice of the fact that the Service Provider has the right to assign its any claim arising from the Agreement to third parties.

16.11

Once the Payment Services have been cancelled, it will be the Customer’s responsibility to destroy the Card(s).

16.12

Destruction of the Partner Card shall not be construed to terminate the Agreement entered into with the Customer and shall not render the Agreement cancelled.

16.13

If, following reimbursement of the Available Balance, any further Transactions are found to have been made or charges or fees incurred using the Card(s) or the Service Provider receives a reversal of any prior funding transaction, the Service Provider shall forthwith notify the Customer of the amount and the Customer must immediately repay to the Service Provider such amount on demand as a debt.

17. RIGHT TO CANCEL ("COOLING-OFF")

17.1

The Customer has the right to withdraw from this Agreement under the following conditions:

17.2

Once the card application is approved, the Customer may withdraw from the Agreement within 14 days, free of charge. Upon withdrawal from this Agreement, the Customer shall be liable to cover any reasonable costs incurred by the Service Provider in the performance of any part of the Agreement before the Agreement is cancelled.

17.3

The Customer must contact the Agent at either of the contact points under clause 2.1 within this 14 days following the time of approval of the application so as to communicate his intention to withdraw from this Agreement.

17.4

The Service Provider will then cancel the Payment Services and reimburse the amount of Available Balance on the Account to the Customer in accordance with the rules relating to termination of the Agreement.

17.5

The Service Provider reserves the right to hold the Available Balance for up to 30 Business Days in the United Kingdom from receipt of the Customer’s instructions before returning the balance, to ensure that details of all transactions have been received. If the Customer used a credit or debit card to purchase and/or load the Card or Account, the Service Provider may hold the Customer’s funds for a reasonable period as is required to prevent any chargeback of the Customer’s credit or debit card.

17.6

After the 14-day Cooling-Off period the Customer may only withdraw from the Agreement as described in clause 16 above.

18. EXPIRY & REDEMPTION

18.1

The funds on the Customer’s Account will no longer be usable following the expiry date of the most recent Card that was issued under the Account (hereinafter referred to as "Expiry Date"), Payment Services will no longer be available.

18.2

The Payment Services and this Agreement (also in respect of any Partner Cards where applicable) shall terminate on the Expiry Date unless the Customer requests a replacement Card prior to the Expiry Date in accordance with clause 18.4 and unless the Service Provider agreed to continue providing Payment Services following the Expiry Date.

18.3

The Customer may not use the expired Card(s) after the Expiry Date.

18.4

If the Card expires before the Available Balance is exhausted, the Customer can contact the Service Provider’s call centre to request a replacement Card, within 14 days before the Expiry Date and subject to payment of a Card Fee specified in the Schedule of Fees.

18.5

Notwithstanding any Expiry Date the Customer may request redemption of the Available Balance on the Card by contacting the Agent’s call centre at any time before the end of the 6-year Limitation Period following termination of the Agreement. After the 6-year Limitation Period the Customer’s funds will no longer be redeemable.

18.6

Provided that the Customer’s request for redemption is made less than 12 months following the Expiry Date, the Service Provider will not charge a Redemption Fee.

18.7

In the event that the Customer makes a request for redemption more than 12 months after the Expiry Date, the Service Provider may charge a Redemption Fee.

18.8

Partner Cardholders’ Cards will expire on a different Expiry Date, it may be longer than the expiry date shown on the Primary Card. This notwithstanding, Partner Cardholders’ Cards will expire on the Expiry Date as shown on the Customer’s Primary Card, even if the Partner Card indicates a later expiry date.

18.9

The Service Provider reserves the right to issue to the Customer a replacement for an expired Card even if the Customer has not requested one. In that case, clause 21.4 will not apply. If the Customer has not requested a replacement Card, the Service Provider shall not charge a Card Replacement Fee as set out in the Schedule of Fees.

18.10

The Service Provider shall have the absolute right to set-off, transfer, or apply sums held in the Account(s) in or towards satisfaction of all or any liabilities and fees owed to the Service Provider that have not been paid or satisfied when due. The Customer hereby consents to such right to set-off.

19. TERMINATION WITHOUT NOTICE

19.1

The Service Provider may terminate or suspend, for such period as may reasonably be required, the Agreement, thus use of the Payment Services at any time, without prior notice:

in the event of any fault or failure in the data information processing system;
if the Service Provider reasonably believes that the Customer has used or likely to use the Payment Services, or allow them to be used, in breach of this Agreement or to commit an offence, and in the event of any imminent danger thereof;
if any Available Balance may be at risk of fraud or misuse;
if the Service Provider suspects that the Customer has provided false or misleading information;
in the event of any suspicion of money laundering or terrorist financing;
by order or recommendation of the police or any relevant regulatory authority.

19.2

If any Transactions are found to have been made or charges or fees incurred using the Card after any action has been taken by the Service Provider as provided for above, the Customer must immediately repay such amounts to the Service Provider.

20. LOSS OR THEFT OF THE CARD

20.1

The Customer is responsible for protecting the Available Balance as if it was cash.

20.2

If the Customer’s Card is lost or stolen or if the Customer believes that someone is using the Payment Services without his permission, or if the Customer’s Card is damaged or malfunctions the Service Provider must be contacted without delay for having the Card blocked.

20.3

Block of a Card (including Partner Card) may be requested by the Customer:

during regular business hours (Monday, Tuesday, Thursday and Friday 08:00hrs to 18:00hrs, Wednesday 08:00hrs to 20:00hrs) through the Agent’s call centre after supplying personal data to verify his identity;
during and after regular business hours, through SMS, giving the last 4 digits of the Card to be blocked;
during and after regular business hours, on the Online Platform by entering the Username and Password in the menu designated for block.

20.4

A Partner Card may be blocked by the Partner Cardholder as well.

20.5

The Service Provider shall be able to take measures to prevent unauthorised use of Payment Services only if the Customer carried out the actions required for the purpose of identification.

20.6

If the Customer requests to have his Card blocked permanently, the Service Provider shall send a replacement card for the Cardholder with a balance identical to that of the last Available Balance. The Service Provider shall send the replacement card to the Cardholder’s address of record, or the Partner Cardholder’s address of record where applicable.

20.7

The Service Provider will charge a fee according to the Schedule of Fees for the replacement card (also if address given was wrong).

20.8

The Customer will be liable up to a maximum of the first GBP 50 (or its EUR or USD equivalent) of losses arising from any unauthorised Transactions that take place prior to the Customer notifying the Service Provider of the loss or theft. If the investigation carried out by the Service Provider shows that any disputed transaction was authorised by the Customer (or the Partner Cardholder where applicable), or the Customer has acted fraudulently or with gross negligence (for example by failing to keep his Card or PIN secure), the Service Provider may reverse any refund made. In such a case, the Customer will be liable for any loss or damage suffered by the Service Provider because of the use of the Card. The Service Provider may also charge the Customer the Administration Fee specified in the Schedule of Fees.

20.9

The Customer will not be held liable for any losses once the Customer has notified the Service Provider of loss or theft unless the Service Provider reasonably determines that the Customer has acted in accordance with clause 22.1.ii.6.2, in which case the Customer shall be liable for all losses.

20.10

Once the Service Provider has been notified of any loss or theft, it will suspend the Payment Services as soon as it is able, to limit any further losses.

20.11

If the Customer (or the Partner Cardholder, where applicable) subsequently find or retrieve a Card that the Customer has reported lost or stolen, the Customer must immediately destroy the found Card by cutting it in half through the magnetic stripe.

20.12

The Customer agrees to help the Service Provider, its agents, regulatory authorities and the police if his Card is lost, stolen or if the Service Provider suspects that the Payment Services are being misused.

21. FEES & FOREIGN CURRENCIES

21.1

Cards are available in the following currencies: EUR, USD, GBP, HUF (hereinafter referred to as "Currency of the Card").

21.2

The Payment Services will incur fees and charges as set out in the Schedule of Fees for which the Customer shall be responsible.

21.3

The Service Provider will deduct any value added tax, and other taxes, charges and fees from the Available Balance. If there is no Available Balance, or value added tax and other taxes, charges and fees incurred exceed the Available Balance, the Customer must pay the excess to the Service Provider immediately.

21.4

The Customer agrees that if the Available Balance is insufficient to cover the Service Provider’s claims, the Service Provider shall be entitled to satisfy such claims from any Account it maintains for the Customer, in accordance with the relevant legislation.

21.5

If the Customer uses the Payment Services in a currency other than the currency in which the Card is denominated, the amount deducted from the Customer’s Available Balance will be the amount of the Transaction converted to the Customer’s Account currency using the rate set by the Card Company on the date the Transaction is processed. The Customer will not be informed of the rate of conversion automatically. For other details regarding the rules on conversion rates visit www.mastercard.com. In these cases the Service Provider shall charge an FX Fee according to the Schedule of Fees.

21.6

If the Customer reloads the Account, or transfers funds to the Service Provider’s OTP Bank Account in a currency other than the currency in which the Card is denominated, the amount thus paid will be converted using a rate set on the date the Transaction is processed. The Customer will not be informed of the rate of conversion automatically. In those cases it may occur that the Available Balance will be insufficient to cover the Customer’s Transaction. The Service Provider shall not be held liable for any loss suffered by the Customer in such Transactions.

21.7

The Customer may reload the Account by way of cash deposit made in an OTP Bank Nyrt. branch that does not have FX cash desk. In that case OTP Bank Nyrt. shall convert the sum deposited using the exchange rate set on the date the payment is made. The Customer will be informed of the rate of conversion in the OTP Bank Nyrt. branch.

22. SERVICE PROVIDER’S LIABILITY

22.1

The Customer takes notice of the fact that:

neither Party shall be liable to the other for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
the Service Provider shall not be liable:
  1. if the Customer is unable to use the Payment Services as set out or for any reason stated in clause 12, or for reasons beyond the Service Provider’s control;
  2. for any fault or failure beyond the Service Provider’s reasonable control relating to the use of the Payment Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing schemes;
  3. if a Merchant refuses to accept a Transaction or fails to cancel an authorisation or pre-authorisation;
  4. for the goods or services that are purchased by the Customer or Partner Cardholder with the Card;
  5. for any loss, fraud or theft that is reported to the Service Provider more than 8 weeks following the event;
  6. where the Customer or an Partner Cardholder acted with:
22.1.b.6.1.
undue delay;
22.1.b.6.2.
fraudulently; or
22.1.b.6.3.
with gross negligence (including where losses arise due to the Customer’s failure to keep the Service Provider, or the Agent notified of his correct personal details).

22.2

To the fullest extent permitted by relevant law, the Service Provider’s liability arising under or in connection with this Agreement shall be limited as follows:

If the Card is faulty due to the Service Provider’s default, the Service Provider’s liability shall be limited to replacement of the Card or, at the Service Provider’s choice, repayment of the Available Balance.
Where sums are incorrectly deducted from the Available Balance due to the Service Provider’s fault, the Service Provider’s liability shall be limited to payment of an equivalent amount.
In all other circumstances of the Service Provider’s default, the Service Provider’s liability will be limited to repayment of the amount of the Available Balance.

22.3

Nothing in this Agreement shall exclude or limit either Party’s liability in respect of death or personal injury (in event that may be harmful to physical integrity or health) arising from that party’s negligence or fraudulent misrepresentation.

22.4

No party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.

23. REFUNDS FOR TRANSACTIONS

23.1

A Transaction shall be considered to be unauthorised if the Customer (Partner Cardholder) has not given consent for the Transaction to be made. If the Customer considers that a Transaction has been made without his consent, or without the Partner Cardholder’s consent where applicable, the Customer shall immediately notify the Agent thereof at the contact points indicated in clause 2.1.

23.2

The Customer shall submit a claim for a refund of an authorised Transaction to the Agent within 8 weeks at the contact points indicated in clause 2.1.

23.3

Upon receiving the Customer’s claim for a refund the Service Provider shall assess the claim and will either refund the full amount of the Transaction within 10 Business Days in the United Kingdom or provide the Customer with justification for refusing the refund.

23.4

If the Customer is not satisfied with the justification provided for refusing the refund or with the outcome of the claim for a refund, the Customer may submit a complaint to the Service Provider or contact the complaints authority as described in clause 24.

23.5

The Service Provider may charge fees in connection with any of the services and facilities that the Customer has made use of or requested based on the Schedule of Fees.

23.6

Where any request, transaction, disputed transaction, arbitration or reversed transaction involves third party costs the Customer remains liable for these and they will be deducted from the Customer’s Account or otherwise charged to the Customer by the Service Provider.

23.7

The Service Provider may charge an Administration Fee in the following circumstances:

in the event that the Customer makes any payment to the Service Provider that is subsequently reversed after 60 days due to inadequate account information or inadequate KYC documentation supplied by the Customer;
in the event of a request for arbitration of a disputed Transaction;
to cover the Service Provider’s costs and expenses in providing the Customer with manual support on the Customer’s Account (for covering the costs and expenses, e.g. a request for legal, police, court or other judicial support).

23.8

The Service Provider may charge to the Customer an Administration Fee where a receiving bank declines receipt of a payment following a request to transfer the Customer’s funds.

23.9

If the Service Provider is unable to identify the payment or transfer, it shall decline receipt of a payment following a request made by the Customer to transfer his funds, and shall return such funds to the payee’s address, or shall transfer such funds back to the Customer’s account if the Customer’s account information is available. In these cases the Service Provider may charge an Administration Fee.

24. PAYMENT DISPUTES

24.1

The Agent shall handle the Customer’s complaints in accordance with the Complaints Handling Policy posted on the Website.

25. CLOSING PROVISIONS

25.1

The Service Provider may assign its rights, interest or obligations under this Agreement to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of its business and assets relating to the Agreement) upon two month’s written notice. This will not adversely affect the Customer’s rights or obligations under this Agreement.

25.2

Any waiver or concession the Service Provider may allow to the Customer will not affect the Service Provider’s strict rights and obligations under this Agreement.

25.3

The Customer and any Partner Cardholders agree that they will not use the Payment Services in an illegal manner and they agree to indemnify the Service Provider against any claim or proceeding brought against the Service Provider about by such illegal use of the Payment Services.

25.4

The name and logo of the Service Provider, the Agent and the Card Company are under trademark protection, and as such they may be used by any third party subject to the right-holder’s authorisation, under contract.

25.5

This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.

26. FUNDS PROTECTION

26.1

The Customer’s funds are safeguarded by law. In the event that the Service Provider became insolvent the funds held on the Customer’s Account are protected against claims made by any other creditors.

26.2

The Payment Services, Card and Account are payment products and not deposit, credit or banking products, as such they are not covered by the Financial Services Compensation Scheme.

27. APPLICABLE LAW

27.1

To the fullest extent permitted by law and without affecting the Customer’s legal rights as a consumer, this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England & Wales and the courts of England & Wales shall have exclusive jurisdiction in relation to the same.

28. PAYMENTS

28.1

Loading cards may be carried out in any OTP Bank Nyrt. branch by cash deposit. Each OTP Bank Nyrt. branch in Hungary is prepared to accept cash deposits for loading cards.

28.2

Service Provider’s OTP Bank Account:

SWIFT: OTPVHUHB

Account holder: PREPAID FINANCIAL SERVICES LIMITED

Account numbers for different currencies:

  1. For payments in HUF: 11702036-20729709-00000000 (IBAN: HU79-11702036-20729709-00000000)
  2. For payments in USD: 11763024-34483015-00000000 (IBAN: HU28-11763024-34483015-00000000)
  3. For payments in GBP: 11763024-34484047-00000000 (IBAN: HU40-11763024-34484047-00000000)
  4. For payments in EUR: 11763024-34482887-00000000 (IBAN: HU22-11763024-34482887-00000000)

Comment: Card Holder ID

SCHEDULE OF FEES

ACTIVATION AND MONTHLY FEE

EUR

USD

GBP

HUF

Card Fee1

€ 9.99

$9.99

£9.99

HUF 3,500

Partner Card Fee

€ 9.99

$9.99

£9.99

HUF 3,500

Card Activation Fee

FREE

FREE

FREE

FREE

Monthly Service Charge

€ 2.00

$2.00

£2.00

HUF 650

Monthly Service Charge for Partner Card

€ 2.00

$2.00

£2.00

HUF 650

LOADING TRANSACTIONS





Internet Credit Card Load

3.00%

3.00%

3.00%

3.00%

Internet Debit Card Load

€ 1.00

$ 1.00

£ 1.00

HUF 350

Online Card to Card Transfer

1.50%

1.50%

1.50%

1.50%

Load by PayZone

€ 3.00

$ 3.00

£ 3.00

>HUF 1,150

Load at UK Post Office

€ 3.00

$ 3.00

£ 3.00

>HUF 1,150

Load by Bank Transfer

€ 1.00

$ 1.00

£ 1.00

HUF 350

Load by Hungarian OTP Cash Deposit

€ 1.00

$ 1.00

£ 1.00

HUF 350

SMS TRANSACTIONS





SMS Balance Check

€ 0.20

$ 0.20

£ 0.20

HUF 100

SMS Card to Card Transfer

1.50%

1.50%

1.50%

1.50%

SMS Block

€ 0.30

$ 0.30

£ 0.30

HUF 100

SMS Unblock

€ 0.30

$ 0.30

£ 0.30

HUF 100

SMS Activation

FREE

FREE

FREE

FREE

SMS PIN

FREE

FREE

FREE

FREE

SMS PIN Resend

€ 2.25

$ 2.25

£ 2.25

HUF 800

ADMINISTRATIVE TRANSACTIONS





Lost Replacement Card

€ 10.00

$ 10.00

£ 10.00

HUF 2,900

Stolen Replacement Card

€ 10.00

$ 10.00

£ 10.00

HUF 2,900

Card Cash Out (by card closure)

€ 0.10

$ 0.10

£ 0.10

HUF 50

Card Refund Fee (after unblocking card)

€ 0.10

$ 0.10

£ 0.10

HUF 50

ATM USAGE





Cash Withdrawal from ATM, Domestic 2

€ 1.25

$ 1.25

£ 1.25

HUF 400

Cash Withdrawal from ATM, International 3

1.25% minimum €1.50

1.25% minimum $1.50

1.25% minimum £1.50

1.25% minimum HUF 480

ATM Balance Inquiry

€ 0.40

$ 0.40

£ 0.40

HUF 150

ATM Decline (Withdrawal/Balance Inquiry)

€ 0.50

$ 0.50

£ 0.50

HUF 150

POS TRANSACTIONS





POS domestic

FREE

FREE

FREE

FREE

POS international

€ 0.60

$ 0.60

£ 0.60

HUF 200

Cash Withdrawal from Magyar Posta Zrt. Post Offices using POS

€ 1.25

$ 1.25

£ 1.25

HUF 400

Declined Transaction

€ 0.50

$ 0.50

£ 0.50

HUF 150

IVR FEES





Initial PIN Enquiry

FREE

FREE

FREE

FREE

Subsequent PIN Enquiry

€ 1.75

$ 1.75

£ 1.75

HUF 560

IVR Balance Request

€ 1.00

$ 1.00

£ 1.00

HUF 320

MISCELLANEOUS FEES





Classic Card Upgrade Fee

€ 6.50

$ 6.50

£ 6.50

HUF 2,000

FX Fee

3.50%

3.50%

3.50%

3.50%

Monthly Inactivity Fee (after 90 days of inactivity)

€ 1.50

$ 1.50

£ 1.50

HUF 500

CSR Call Fee

€ 1.00

$ 1.00

£ 1.00

HUF 350

CSR e-mail enquiry

FREE

FREE

FREE

FREE

Administration Fee

€ 15

$ 15

£ 15

HUF 5,000

KYC Fee in the Duna Tower Building (Chapter 2.1 )4

0 Ft

0 Ft

0 Ft

0 Ft

KYC Fee in the Client’s home or workplace in Budapest or in 50 km outskirts of Budapest4

3.000 Ft

3.000 Ft

3.000 Ft

3.000 Ft

KYC Fee in the Client’s home or workplace more then 50 km from Budapest’s border4

5.000 Ft

5.000 Ft

5.000 Ft

5.000 Ft

1 The Card Fee is charged in GBP independent from the Card’s currency using the rate of the application day.

2 Domestic transactions:

3 International transactions:

4 The face to face KYC procedure detailed in the chapter 4. is needed only for Clients with Hungarian address. The Fee should be paid in cash for the Agent’s employee, who does the KYC procedure.


Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated.

The BudaPay PrePaid Mastercard is issued by Prepaid Financial Services Limited pursuant to a license from Mastercard International Incorporated. Prepaid Financial Services Limited is regulated and authorised by the Financial Conduct Authority, registration number 900036. Registered Office: 36 Carnaby Street London, W1F 7DR.