Bits Credit Card Terms & Conditions

1. Definitions & Interpretation

Cardholder Agreement: These terms and conditions relating to the use of your Card(s) as amended from time to time.

App: The Bits mobile application provided by Program Manager that allows you to access your Account and carry out certain Account-related functions such as Card activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card.

Applicable Law: Any legislation, regulations or guidance from regulatory authorities governing card issuance and usage in the relevant jurisdictions.

Available Limit: The value that results from deducting the current value of the Spending Balance from the Limit.

Business Day: Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar.

Card: Any Card issued to you in accordance with this Cardholder Agreement.

Credit Card Processing Account: Means the account held by you and provided by the Lender which is associated with the Card issued to you, and is used for executing payments in relation to your outstanding credit card bill and settlement with TPL based on the Transactions made by you on the Card.

Customer Services: The contact centre accessible via phone, email or post for card-related inquiries.

EEA: European Economic Area.

Expiry Date: For Physical Cards: the expiry date shown on your Card. For Virtual Cards: the expiry date is the same as your physical card.

Fee: Any fee payable by you as referenced in the Fees Schedule.

Fees Schedule: The schedule contained in this Cardholder Agreement.

KYC: Means 'Know Your Customer' and constitutes our verification of your Personal Details.

Lender: Means Fea Card Limited, with which you enter into the Lender Credit Agreement.

Lender Credit Agreement: Means the credit card agreement signed separately at the point of card approval regarding the settlement of any authorised Transactions within the Limit via the Credit Card Processing Account.

Limit: Means the spending limit on the Credit Card Processing Account set by the Lender in accordance with the terms of the Lender Credit Agreement.

Merchant: A retailer or any other person that accepts payments via the Card.

Personal Data: The registered personal identity details relating to the use of your Card and Account including (but not limited to) your: name, date of birth, home address, social security number, email address and telephone (landline and/or mobile) number.

Physical Card: A physical/plastic Card that can be used to carry out Transactions.

PIN: Personal Identification Number; that is, the security number provided for use with your Card.

Program: Means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Cardholder Agreement.

Program Manager: Fea Card Limited, incorporated and registered in England and Wales with company number 11620703 and registered office at Camden Gateway, 349 Royal College St, London NW1 9QS, United Kingdom.

Regulatory Authority: Any scheme or regulator overseeing card issuance and usage, including the Gibraltar Financial Services Commission.

Schemes: Mastercard or Visa as applicable and as shown on your Card; Mastercard is a registered trademark of Mastercard International Incorporated.

Spending Balance: Means the total value of all Transactions executed via your Card and associated with a Credit Card Processing Account held by you and that has not yet been repaid by you.

Transaction: The use of your Card 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 your Card including where payment is made over the internet, by phone or mail order using your Card.

Transaction Ledger: Means a ledger operated by Program Manager, which is associated with the Card issued to you and includes the record of debits and credits with respect to Transactions executed via the Card.

Username and Password: A set of personal codes selected by you in order to access your Account.

Virtual Card: A set of verification procedures used as a non-physical equivalent to a Physical Card and providing some or all of the functionality of a physical card.

We, us or our: Transact Payments Limited ('TPL') a company incorporated in Gibraltar with address at Unit G02, Eurocity, Europort Avenue, Gibraltar GX11 1AA and company registration number 108217 and authorised by the Gibraltar Financial Services Commission as an electronic money institution.

Website: https://www.getbits.app/

You or your: You, the person who has entered into this Cardholder Agreement with us by virtue of your use of the Card and any other person you have authorised to use any Cards in accordance with this Cardholder Agreement.

2. Your Cardholder Agreement and Card

2.1 Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Cardholder Agreement.

2.2 You can download the latest version of this Cardholder Agreement at any time from the App and from the Website and/or request a paper copy from Customer Services.

2.3 You are not permitted to resell the Card.

3. Activation of your Card

3.1 To apply for, and use, a Card you must be at least 18 years of age and a resident of the United Kingdom.

3.2 You may obtain a card by downloading and registering on the App.

3.3 In order to activate the Card, you must open an account in the App where instructions will be provided.

3.4 Provided we have been able to undertake KYC, the Card will then be activated and you will be able to use it.

4. Personal Details

4.1 When entering into Transactions over the internet, some websites may require you to enter your Personal Details and, in such instances, you should supply the most recent Personal Details that you have provided Program Manager with.

4.2 You must notify Program Manager of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.

4.3 We, or Program Manager, reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Card, you authorise us and Program Manager to undertake electronic identity verification checks on you either directly or using relevant third parties.

5. Using your Card

5.1 We and the Program Manager reserve the right to request KYC documents and verification of your source of funds at any point.

5.2 The amount relating to each Transaction and any associated fees executed with the Card issued will be added to the Spending Balance recorded on the Transaction Ledger which is settled by the Lender via the Credit Card Processing Account up to the Limit in line with the Lender Credit Agreement.

5.3 Your use of the Card is subject to the Fees detailed in the Fees Schedule, which shall be deducted from the Spending Balance.

5.4 Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions.

5.5 You must always ensure that you have sufficient Available Limit for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Limit is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.

5.6 If for any reason a Transaction is carried out but its amount exceeds the Available Limit, you must pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.

5.7 There are certain circumstances where a Merchant may require you to have an Available Limit greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.

5.8 Your Card may be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Limit for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths), subject to approved limits communicated to you by Program Manager. We accept no liability if a Merchant refuses to accept payment using the Card.

5.9 We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.

5.10 You must not use the Card for:

• gambling transactions;
• money orders or similar;
• money transfers;
• wire transfers;
• account funding;
• stored value card purchases;
• prepaid loads (non-financial institution);
• quasi-cash;
• currency;
• travellers' cheques;
• debt repayment;
• loan payment;
• lease payment;
• mortgage payments;
• repaying Buy Now Pay Later (BNPL) instalments;
• repaying credit;
• repaying debt; or
• any illegal purposes.

5.11 The Card Fees are outlined in the Schedule and will apply to the Card. Each time you use the Card, the value of the Transaction plus any applicable fees shall be deducted from the Available Limit of the Credit Card Processing Account. If the value of the Transaction plus any applicable fees exceeds the Available Limit, the Transaction will be declined, and applicable fees shall be charged to the Card in accordance with the provisions of the Schedule. These fees cannot exceed the amount of the payment order.

5.12 The Limit, and the other transaction thresholds which are applicable to your use of the Card, may be updated from time to time and will be advised to you by Program Manager via the Mobile App, Website or other means.

6. Authorising Transactions

6.1 You will need to give your consent to each Transaction by, where applicable, a) using a security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card; or d) where applicable, placing your Card near a contactless point-of-sale terminal. Once you have given such consent to the Transaction, it will be deemed to be authorised.

6.2 The time of receipt of a Transaction order is when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business day.

6.3 Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.

6.4 Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible.

7. Managing & Protecting Your Card

You will need a Personal Identification Number (PIN) in order to make payments at a Merchant with the Card. Your PIN will be available to you within the App.

If you forget your PIN, you may retrieve it from the App. For further assistance with any PIN-related queries, please contact Customer Services.

You must not give your Card to any other person or allow any other person to use it.

You are responsible for your Card, PIN, App and any related security details ("Security Details") and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to): never letting any other person use your Security Details; never writing your Security Details on your Card or on anything you usually keep with your Card; keeping your Security Details secret at all times for example, by not using your PIN if anyone else is watching.

Failure to comply with this condition 7 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence.

If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately.

In the event that we suspect or believe that your Card may be subject to any fraud or security threats, Program Manager will notify you securely via email, SMS and/or mobile-app push notification, depending on your account settings.

Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip.

8. Cancellation

If you have ordered your Card online, you may cancel it free of charge before activating and using it, and up to 14 calendar days after the date of activation (the "Cancellation Period") by writing to Customer Services. This does not apply to replacement Cards where the cancellation period for the original Card has expired.

You may also terminate your Card at any time by contacting Customer Services.

Once your Card has been cancelled, the Card will no longer work for Transactions and cannot be reactivated.

Once your Card has been cancelled, it will be your responsibility to destroy your [Physical] Card(s).

If any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, Program Manager will notify you of the amount and you must immediately repay to us such amount on demand.

9. Expiry

This Cardholder Agreement shall terminate on the Expiry Date of your Card unless you are issued with a replacement card.

10. Termination or Suspension of your Card

When this Cardholder Agreement is terminated, you will not be able to use your Card. We, or Program Manager for us, may terminate this Cardholder Agreement at any time by giving you two months' advance notice (which will be sent to the email address that you have provided to us).

We, or Program Manager for us, can suspend your Card, restrict its functionality or terminate this Cardholder Agreement at any time with immediate effect if: You haven't given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or the agreement between you and the Lender which governs the Credit Card Processing Account has been terminated or an event of default has occurred under such agreement and is ongoing; a Transaction has been declined because of a lack of Available Limit or you do not repay money that you owe to us; or you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or we believe that your use of the Card may result in harm to us or our systems; or we believe that your continued use of the Card may damage our reputation; or you become bankrupt; or we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law; or we cannot process some or all of your Transactions due to the actions of third parties; or you have breached this Cardholder Agreement.

In the event that we do suspend or terminate your Card then, where lawfully permitted, we or Program Manager shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.

Unless or until you or we terminate this Cardholder Agreement, or your Card expires and no replacement Card is issued to you, this Cardholder Agreement will remain in force.

11. Loss or Theft of your Card

You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your Card unless you contact Customer Services as specified in this condition.

You must contact Program Manager without delay via the chat features in the App or by calling +44 (0) 20 7438 2090 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that any Security Details are known to an unauthorised person or you think that a Transaction has been incorrectly executed.

You shall be liable for up to a maximum of £35 (or currency equivalent) of losses due to unauthorised Transactions made before you made the notification about the theft, loss or misappropriation of the Card. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card safe), you may be liable for any loss we suffer due to use of the Card.

Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.

Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, as set out in the Fees Schedule.

You agree to cooperate with our agents, any supervisory authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.

In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect fraud.

In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.

In the event that a Transaction that was executed within the UK or EEA arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.

In the event that a Transaction is made which is initiated by a payee, we will provide a refund of that amount, subject to clause 11.11, only in circumstances where you can prove that: the exact Transaction amount was not specified when you authorised the payment; and the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.

The refund referred to in 11.10 will not be provided if: the amount relates to currency exchange fluctuations; or you have given your consent to execute the Transaction directly to us; or information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or you request the refund from us later than 8 weeks from the date on which it was debited.

12. Payment Disputes

If you dispute a Transaction that you have authorised and which has been processed on your Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.

If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.

Goods or services paid for with a Card cannot be refunded by a Merchant unless there was a prior Transaction debited from the Card by that retailer of an equal or higher amount than the refund requested. If you are entitled to a refund for any reason for goods or services purchased using a Card, you agree that such refund will be made to the Credit Card Processing Account held by you with the Lender.

If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask Program Manager to investigate the Transaction. If an investigation occurs, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Limit and we may charge you an investigation fee. If you do not have sufficient Available Limit, you must repay us the amount immediately on demand.

13. Foreign Exchange

If you use your Card in an EEA currency other than the currency in which your Card is denominated ("Foreign Currency Transaction"), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Card currency using a rate set by the Scheme on the date it is authorised. You may also be charged a foreign exchange Fee as set out in the Fees Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Scheme as well as any other charges) and the latest available euro foreign exchange reference rates issued by the European Central Bank. You can view this information on Website prior to making a Foreign Currency Transaction.

14. Our Liability

14.1 We shall not be liable for any loss arising:

• from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
• from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
• from any use of this Card that is contrary to this Cardholder Agreement;
• for goods or services that are purchased with the Card; and
• for any damages due to loss, fraud or theft that you have reported to us later than 13 months after the event.

14.2 We will not be liable to you if your contact details have changed and you have not told us.

14.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.

14.4 Where sums are incorrectly deducted from your Spending Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.

14.5 Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

14.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

14.7 The above exclusions and limitations set out in this paragraph shall apply to any liability of Program Manager or our affiliates such as the Scheme, and other suppliers, contractors, representatives and any of their respective affiliates (each a "Protected Party") (if any), to you, which may arise in connection with this Cardholder Agreement. This clause 14.7, and the exclusions and limitations set out in this paragraph, are intended to operate to benefit any and all such Protected Parties and to be enforceable by each Protected Party, in accordance with the Contracts (Rights of Third Parties) Act 1999. This clause 14.7 may be amended by agreement between you and us without obtaining the consent or agreement of any Protected Party.

15. Complaints

15.1 Should you wish to make a complaint about your Card, you may contact Customer Services by email at hello@getbits.app to submit details of such complaint.

15.2 Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event we shall reply to you by return email within 15 Business Days.

15.3 If, having received a response from our Customer Services team, you are unhappy with the outcome, you can escalate your complaint to TPL's Complaints Department by writing to complaints@transactpay.com.

15.4 If TPL's Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.

15.5 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.

15.6 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Gibraltar Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.

16. General Communication

16.1 Any communication from us or from Program Manager to you will be given via the App notifications or via email (using the latest contact details with which you have provided us).

16.2 You may contact Customer Service via the details which are set out in clause 1.

17. Personal Data

17.1 TPL will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Cardholder Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Cardholder Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Cardholder Agreement in accordance with clause 10.2(iv) above.

17.2 We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy which is provided to you at the time we collect your personal data.

18. Changes to the Terms and Conditions

18.1 We may update or amend this Cardholder Agreement at any time on at least 2 months' advance notice, which we shall instruct Program Manager to give you on the App or by e-mail (using the latest contact details you have provided us with).

18.2 If you do not agree with the changes to the Cardholder Agreement, you may at any time within the 2-month notice period terminate your Cardholder Agreement. You will be deemed to have accepted any change to this Cardholder Agreement unless you notify us before the proposed date of the change.

18.3 If any part of this Cardholder Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

19. Language

You agree that this Cardholder Agreement shall, and any notice or other communication to be given under or in connection with this Cardholder Agreement may, be in the English language.

20. Governing Law

This Cardholder Agreement is governed by Gibraltar law.

21. Jurisdiction

You agree to the non-exclusive jurisdiction of the courts of Gibraltar.

22. Miscellaneous

22.1 Any delay or failure by us to exercise any right under this Cardholder Agreement shall not be construed as a waiver of that right, nor shall it prevent us from exercising that right in the future.

22.2 If any provision of this Cardholder Agreement becomes unenforceable or illegal, the remaining provisions shall continue in full force and effect.

22.3 You may not assign your rights under this Cardholder Agreement. We may assign our rights to a third party and may subcontract any of our obligations under this Cardholder Agreement.

Fees Schedule

The Bits Mastercard® Credit Card is provided free of charge — there is no interest, no foreign exchange fee, and no other fees.